A FEW GOOD MEN
Forward march!
I'm requesting--
Captain, I'd like to request that it be me who's the attorney--
That it be myselfwho's assigned.
No, I'd like to request that it be I who am assigned--
''That it be I who am assigned''?
That's good. That's confidence-inspiring.
Good grammar there.
Captain, I'd like to request...
that I be the attorney assigned.
I'm Lieutenant Commander Galloway here to see Captain West.
Go right in, Commander. They're expecting you.
Thankyou.
-Jo, come on in. - Thank you, sir.
Captain West, this is Lieutenant Commander Galloway.
-Jo, you know Commander Lawrence. - Yes, sir.
Captain, I appreciateyou seeing me on such short notice.
- Would you like to sit down? - I'm fine, sir.
- Have a seat. - Okay.
I understand we had some trouble over the weekend down in Cuba?
Yes, sir. This past Friday, two Marines--
a Lance Corporal Harold Dawson and a Private Louden Downey--
entered the barracks room ofa P.F.C. William Santiago and assaulted him.
Santiago died at the base hospital approximately an hour later.
The N.I.S. Agent who took Dawson and Downey's statements...
maintains theywere trying to prevent Santiago...
from naming Dawson in a fenceline shooting incident.
They're scheduled to have a hearing down in Cuba this afternoon at 1 600.
- What's the problem? - Dawson and Downey...
are both recruiting poster Marines, and Santiago was known to be a screwup.
I was thinking it sounded an awful lot like a Code Red.
Christ.
Sir, I'd like to have them moved up to Washington and assigned counsel--
someone who can really look into this--
someone who possesses not only the legal skill...
but a familiarity with the innerworkings ofthe military.
In short, Captain, I'd like to suggest that...
I be the one who that--
that it be me who is assigned to represent them...
myself.
Commander Galloway, why don'tyou getyourselfa cup ofcoffee?
Thankyou, sir. I'm fine.
I'd likeyou to leave the room so we can talk aboutyou behind your back.
Certainly, sir.
I thought this Code Red shit wasn't going on anymore.
With the Marines at Gitmo, who knows what the hell goes on down there?
We better find out before the rest ofthe world does.
Damn thing could get messy.
All right, what about this Commander Galloway?
She's been working a desk in Internal Affairs...
for a little over a year now.
- Before that? - Disposed ofthree cases in twoyears.
Three cases in twoyears? Who's she handling, the Rosenbergs?
- She's not cut out for litigation. - She's a hell ofan investigator.
In Internal Affairs she can crawl up a lawyer's ass with the best ofthem.
- But when it comes to trial work-- - I know. All passion, no street smarts.
Bring her back in.
Commander, we're gonna have the defendants moved up here in the morning.
- Thankyou, sir. - Division will assign them counsel.
-But not me. -From what I get from your colleagues...
you're much too valuable in your present assignment to be wasted...
in what I'm sure will boil down to a five-minute plea bargain...
and a week's worth ofpaperwork.
Sir, I think there might be more involved than that.
Don't worry about it.
I promiseyou Division will assign the right man for thejob.
All right. Let's go. Let's get two.
- Sorry. - Nothing to be sorry about, Sherby.
Youjust look the ball intoyour glove.
Shooting two.
- Sorry. - You gotta trust me, Sherby.
Keepyour eyes open, your chances of catching it increase by a factor often.
- Kaffee. - Let's try it again.
Dave, you seem distraught.
We were supposed to meet 1 5 minutes ago about the McDermott case.
You're stalling on this thing. Now we either do it now...
or, no kidding, Kaffee, I'm gonna hang your boy from a fucking yardarm!
Yardarm? Sherby, does the Navy still hang people from yardarms?
I don't think so.
Dave, Sherby doesn't think the Navy hangs people from yardarms anymore.
I'm gonna charge him with possession and being under the influence on duty.
You plead guilty, I'll recommend 30 days in the brig with loss ofrank and pay.
It was oregano, Dave. It was $1 0 worth oforegano.
Yeah, well, your client thought it was marijuana.
My client's a moron. That's not against the law.
Kaffee, I got people to answer to just likeyou do. I'm gonna charge him.
With what, possession ofa condiment?
- Kaffee. - I tried to helpyou out ofthis...
but ifyou ask forjail time, I'm gonna file a motion to dismiss.
- You won't get it. - I will get it.
And ifthe M.T.D. is denied, I'll file a motion...
seeking to obtain an evidentiary ruling in advance.
And after that, I'm gonna file against pretrial confinement.
And you're gonna spend the next three months going blind on paperwork...
because a signalman second-class bought and smoked a dime bag oforegano.
Let's go! Let's get two!
B misdemeanor, 20 days in the brig.
C misdemeanor, 1 5 days restricted duty.
I don't know why I'm agreeing to this.
'Causeyou have wisdom beyond youryears.
Morning.
Morning, Captain.
How's the baby, Sam?
I think she's getting ready to say her first word any day now.
How can you tell?
Shejust looks like she has something to say.
Excuse me. I'm sorry I'm late.
It's all right, Danny. I knowyou don't have a good excuse...
so I won't forceyou to come up with a bad one.
- Thankyou, sir. - This first one's foryou.
Seems you're moving up in the world.
Been requested by Division.
Requested to do what?
Guantanamo Bay, Cuba.
A Marine corporal named Dawson illegally fires a round from his weapon...
over the fenceline and into Cuban territory.
- What's a fenceline? - Sam.
A big wall separating the good guys from the bad guys.
- Teacher's pet. - P.F.C. William Santiago...
threatens to rat on Dawson to Naval Investigative Service.
Dawson and another member ofhis squad...
P.F.C. Louden Downey, go into Santiago's room...
tie him up, stuffa rag down his throat...
and an hour later, Santiago's dead.
Attending physician says the rag was treated with some kind oftoxin.
They poisoned it?
- Not according to them. - What did they say?
Not much. They're being flown up here tomorrow...
and on Wednesday at 0600, you'll catch a transport down to Cuba for the day...
to find out whatyou can.
Meantime, go and see Lieutenant CommanderJoanne Galloway...
with Internal Affairs.
Any questions?
Uh, the flight to Cuba-- Was that 0600 in the morning, sir?
Seems important to Division that this one be handled by the book.
So I'm assigning co-counsel. Anyvolunteers?
I got a stack ofpapers on my desk about a mile high.
- Workwith Kaffee on this. - Doing what?
Kaffee will have this done in about four days.
Doing various administrative things.
Backup, whatever.
In otherwords, I have no responsibilities here whatsoever.
Right.
My kind ofcase.
Right.
Okay, but I've got to have that report byWednesday.
- Hi. - Hold on. Hi.
Daniel Kaffee. I was told to me with, uh--
Lieutenant Commander Galloway.
About a briefing?
I'll call you back.
You're the attorney Division assigned?
I'm lead counsel. This is Sam Weinberg.
I have no responsibilities here whatsoever.
Come in, please. Have a seat.
Lieutenant, how long haveyou been in the Navy?
Going on nine months now.
And how long haveyou been out oflaw school?
A little over a year.
I see.
Have I done something wrong?
It'sjust that when I petition Division to have counsel assigned...
I was hoping I'd be taken seriously.
No offense taken, in caseyou were wondering.
Commander, Lieutenant Kaffee is generally...
considered the best litigator in our office.
He's successfully plea-bargained 44 cases in nine months.
One more, I get a set ofsteak knives.
Haveyou ever been in a courtroom?
I once had my driver's license suspended.
Commander, from what I understand, ifthis thing goes to court...
theywon't need a lawyer, they'll need a priest.
No, they'll need a lawyer.
Dawson's family's been contacted.
Downey's closest living relative is Ginny Miller, his aunt.
She hasn't been contacted yet. Would you like me to take care ofthat?
Ifyou feel like it.
One ofthe people you'll be seeing down there...
is the barracks C.O., Colonel NathanJessup.
I assumeyou've heard ofhim.
Who hasn't?
He's been in the papers lately. He's expected to be appointed...
director ofoperations of National Security Council.
- Really? - These are the letters...
that Santiago wrote in his eight months at Gitmo.
- That's Guantanamo Bay. - I knew that one.
He wrote to the fleet commander to the commandant ofthe Marine Corps.
Even his senator. He wanted to be transferred offthe base.
No one was listening. Areyou with me?
Yeah.
Finally, he wrote to the Naval Investigative Service...
where he offered information about Corporal Dawson's fenceline shooting...
in exchange for a transfer.
Right. Is that all?
Lieutenant, this letter makes it look like...
your client had a motive to kill Santiago.
Gotyou. And Santiago is who?
The victim.
Write that down. Am I correct to assume these letters...
don't paint a flattering picture of Marine Corps life at Guantanamo Bay?
- Yes, among-- - Am I further right in assuming...
investigation ofthis incident might embarrass the Security Council guy?
- ColonelJessup. - Twelveyears.
Sorry?
I'll get them to drop the conspiracy and conduct unbecoming.
Twelveyears.
You haven't talked to a witness or looked at a piece ofpaper.
Pretty impressive, huh?
You're gonna have to go deeper than that.
Doyou have some sort ofjurisdiction here that I should know about?
Myjob is to make sure thatyou doyourjob.
I'm special counsel for Internal Affairs...
so myjurisdiction's pretty much in your face.
Read the letters. I'll expect your report when you return from Cuba.
- Sure. - You're dismissed.
I always forget that part.
He's a little preoccupied.
Team's playing Bethesda Medical next week.
Tell your friend not to get cute down there.
The Marines in Guantanamo are fanatical.
About what?
About being Marines.
Dearsir...
mynameis P.F. C. William T. Santiago.
I'm a Marinestationed atMarinebarracks...
RifleSecurity Company Windward, SecondPlatoon Bravo.
I'm writing toinformyouofmyproblems with my unithere in Cuba...
andtoask foryourhelp.
I've fallen outonrunsbefore forseveralreasons...
such as feeling dizzyornauseated.
Buton May 18, I'dfallenback about20 or30yards...
going downarocky unstablehill.
Mysergeantgrabbedme andpushedme down thehill.
Then Isawallblack, andthelast thing Irememberedwashitting the deck.
I wasbrought to thehospital where I was toldIjusthadheatexhaustion.
Iaskyou tohelpme.
Please, sir. Ijustneed tobe transferredoutofR.S. C.
Sincerely, P.F. C. William T. Santiago...
U.S. Marine Corps.
P.S. In exchange formy transfer offthebase...
I'm willing toprovideyou with informationabout--
''The illegal fenceline shooting that occurred the night ofAugust 2.''
Who the fuck is P.F.C. William T. Santiago?
Private Santiago is a member ofSecond Platoon Bravo, sir.
Yeah. Well, apparently he's not very happy down here in Shangri-la...
because he's written letters to everybody but Santa Claus...
asking for a transfer.
And now he's telling tales about a fenceline shooting.
Matthew?
I'm appalled, sir.
You're appalled.
This kid broke the chain ofcommand and ratted on a member ofhis unit...
to say nothing ofthe fact that he is a U.S. Marine...
and it would appear he can't run from here to there...
without collapsing from heat exhaustion.
What the fuck is going on in Bravo Company, Matthew?
Colonel, I think it would be better to hold this discussion in private.
That won't be necessary, Colonel. I can handle the situation, sir.
The same wayyou handled Curtis Bell? Don't interrupt me, Lieutenant!
- I'm still your superior officer. - And I'm yours, Matthew.
I wanna know what we're going to do about this.
I think Santiago should be transferred offthe base immediately.
He's that bad, huh?
Not only that. But word ofthis letter is bound to get out.
He's gonna get his ass whipped.
Hmm. Transfer Santiago.
Yes. I'm sureyou're right.
I'm sure that's the thing to do.
Wait. I've got a better idea.
Let's transfer the whole squad offthe base.
Let's-- On second thought, Windward--
Let's transfer the whole Windward Division offthe base.
John, go on out there and get those boys down offthe fence.
They're packing their bags. Tom.
- Sir. - Get me the president on the phone.
We're surrendering our position in Cuba.
- Yes, sir. - Wait a minute, Tom.
Don't get the presidentjustyet.
Maybe we should consider this for a second.
- Dismissed, Tom. - Yes, sir.
Maybe-- and I'm just spit-balling here--
Maybe we have a responsibility as officers to train Santiago.
Maybe we as officers have a responsibility to this country...
to see that the men and women charged with its security...
are trained professionals.
Yes, I'm certain that I read that somewhere once.
And now I'm thinking, Colonel Markinson...
thatyour suggestion oftransferring Santiago...
while expeditious and certainly painless...
might not be, in a manner ofspeaking...
the American way.
Santiago stays where he is.
We're gonna train the lad.
John, you're in charge.
Santiago doesn't make 4-6-4-6...
on his next proficiency and conduct report...
I'm going to blameyou.
- Then I'm going to kill you. - Yes, sir.
I think that's a mistake, Colonel.
Matthew, I think I will have that word in private with you now.
John, that's all. Why don't we meet at the ''O'' club and have lunch...
and we'll talk about the training ofyoung William?
I'd be delighted to hear any suggestions thatyou might have, sir.
- Dismissed. - Yes, sir.
Matthew, sit down. Please.
What doyou think of Kendrick?
My opinion ofhim has nothing to do--
I think he's pretty much ofa weasel myself...
but he's an awfully good officer.
And in the end, we see eye-to-eye on the best way to run a Marine Corps unit.
We're in the business ofsaving lives, Matthew.
That is a responsibility that we have to take pretty seriously.
And I believe that taking a Marine who is not quite up to thejob...
and shipping him off to another assignment...
puts lives in danger.
Sit down, Matthew.
We go back a while.
We went to the Academy together. We were commissioned together.
We did our tours in Vietnam together.
But I've been promoted up through the chain...
with greater speed and success than you have.
Now, ifthat's a source oftension...
or embarrassment foryou...
I don't give a shit.
We're in the business ofsaving lives, Lieutenant Colonel Markinson.
Don't ever question my orders in front ofanother officer.
All the paperwork's in order.
- Step over there. - Yes, sir.
Hal, is this Washington, D.C.?
All right. Let's move.
Yes, sir.
- Got all ofthat one. - Excuse me.
I wanted to talk toyou about Corporal Dawson and Private Downey.
- Say again? - Dawson and Downey.
Those names sound like they should mean something to me--
Dawson, Downey--your clients.
The Cuba thing. Yes! Dawson and Downey. Right.
I've done something wrong again, haven't I?
I wasjust wondering why two guys have been locked up...
since this morning while their lawyer's outside hitting a ball.
We need the practice.
That wasn't funny.
It was a little funny.
Would you be very insulted ifI recommended toyour supervisor...
that he assign different counsel?
- Why? - I don't thinkyou're fit to handle it.
You don't even know me. Ordinarily, it takes someone hours...
to discover I'm not fit to handle a defense.
Oh, come on. That was damn funny.
You're wrong.
I do knowyou.
Daniel Alistair Kaffee, bornJune 8, 1 964...
at Boston Mercy Hospital.
Your father's Lionel Kaffee...
former Navyjudge advocate and attorney general ofthe United States.
Died 1 985.
You went to Harvard law. Then youjoined the Navy...
probably because that's whatyour fatherwanted you to do.
And nowyou'rejust treading water for threeyears in theJAG Corps.
Just laying low till you can get out and get a real job.
Ifthat's the situation, that's fine. I won't tell anyone.
But it's my feeling that ifthis case is handled in the same...
fast-food, slick-ass, Persian bazaar manner...
with which you seem to handle everything else...
then something's gonna get missed.
And I wouldn't be doing myjob ifI allowed Dawson and Downey...
to spend any more time in prison than absolutely necessary...
because their attorney had predetermined the path ofleast resistance.
Wow.
I'm sexually aroused, Commander.
I don't think your clients murdered anyone.
What areyou basing this on?
There was no intent.
The doctor's report says Santiago died ofasphyxiation...
brought on by acute lactic acidosis...
and that the nature ofthe acidosis strongly suggests poison.
I don't know what any ofthat means, but it sounds pretty bad.
Santiago died at 1 :00 a.m.
At 3:00, the doctorwasn't able to determine the cause ofdeath.
Two hours later, he said it was poison.
Oh, now I see whatyou're saying.
It had to be Professor Plum in the librarywith a candlestick.
- I'm gonna talk toyour supervisor. - Okay.
Go straight up Pennsylvania Avenue.
It's the big white house with the pillars in front.
- Thankyou. - I don't thinkyou'll have much luck.
I was assigned by Division.
Somebody over there thinks I'm a pretty good lawyer.
So while I appreciateyour interest and admireyour enthusiasm...
I think I can handle things myself.
You know what a Code Red is?
What a pity.
- Morning, sir. - Morning.
Officer on deck!
Sir, Lance Corporal Harold W. Dawson, sir!
Rifle Security CompanyWindward, Second Platoon Bravo.
Someone hasn't been working and playing well with others, Harold.
Sir, yes, sir!
Sir, P.F.C. Louden Downey, sir!
I'm Daniel Kaffee. This is Sam Weinberg.
Sit down.
- This your signature? - Yes, sir.
You don't have to call me ''sir.'' Is this your signature?
Sir, yes, sir.
You certainly don't need to do it twice in one sentence.
- What's a Code Red? - It is a disciplinary engagement.
What's that mean?
A Marine falls out ofline, it's up to the men in his unit to get him on track.
- What's a garden variety Code Red? - Sir?
Harold, you say, ''sir,'' and I turn around and look for my father.
Danny, Daniel, Kaffee.
Garden variety. Typical. What's basic Code Red?
Sir, a Marine refuses to bathe on a regular basis...
the men in his squad will give him a G.I. shower.
What's that?
Scrub brushes, Brillo pads, steel wool.
Beautiful.
Was the attack on Santiago a Code Red?
Yes, sir.
Does he ever talk?
Sir, P.F.C. Downeywill answer any direct questions you ask him.
Swell.
Private Downey, the rag you stuffed in Santiago's mouth--
- Was there poison on it? - No, sir.
Silver polish, turpentine, antifreeze?
No, sir. We werejust gonna shave his head, sir.
When all ofthe sudden--
We saw blood dripping down his mouth...
and we pulled the tape offand there was blood all down his face, sir.
That's when Lance Corporal Dawson called the ambulance.
Did anyone seeyou call the ambulance?
No, sir.
Wereyou there when the ambulance got there?
Yes, sir. That's when we were taken under arrest.
The night ofAugust 2, did you fire a shot across the fenceline into Cuba?
- Yes, sir. - Why?
- My mirror engaged, sir. - His mirror?
EveryAmerican sentry post has a Cuban counterpart, called ''mirrors.''
Lance Corporal's claiming that his mirrorwas about to fire at him.
Santiago's letter to the N.I.S....
said you fired illegally.
He's saying that the guy, the mirror--
He never made a move.
You see what I'm getting at?
IfSantiago didn't have anything on you, then why did you give him a Code Red?
'Cause he broke the chain ofcommand, sir.
- He what? - He went outside ofhis unit, sir.
Ifhe had a problem, he should have spoken to me, sir.
- Then his sergeant, then commander-- - Yeah. All right.
Did you assault Santiago with the intent ofkilling him?
- No, sir. - What was your intent?
- To train him, sir. - Train him to do what?
Train him to think ofhis unit before himself-- to respect the code.
What's the code?
Unit, Corps, God, Country.
I beg your pardon?
Unit, Corps, God, Country, sir.
The government ofthe United States...
wants to chargeyou two with murder...
and you want me to go to the prosecutor...
with '' Unit, Corps, God, Country''?
That's our code, sir.
It's your code.
We'll be back.
You guys need anything-- books, papers, cigarettes, ham sandwich?
Sir, no, thankyou, sir.
Harold, I think there's a concept you better start warming up to.
Sir?
I'm the only friend you've got.
Smiling Jack Ross.
- Welcome to the big time. - You think so?
Let's hope, for Dawson and Downey, you practice law better than play softball.
Unfortunately for those two, I don't do anything better than play softball.
- I'm out ofhere,Janelle. - Bye.
- Seeyou when I get back from Cuba. - Say hi to Castro for me.
Will do. What are we looking at?
They plead guilty, we drop the conspiracy and conduct unbecoming.
- Twentyyears. They're home in half. - I want 1 2.
- Can't do it. - They called the ambulance.
I don't care ifthey called the Avon lady. They killed a Marine.
The rag was tested for poison. The autopsy, lab reports.
They say the same thing: maybe, maybe not.
ChiefofInternal Medicine at the Guantanamo Bay Naval Hospital...
says he's sure.
What doyou know about Code Reds?
Oh, man.
- We offthe record? - Tell me.
I'm gonna giveyou the 1 2 years.
Beforeyou go getting yourselfinto trouble tomorrow, you should know...
the platoon commander, LieutenantJonathan Kendrick...
held a meeting with the men and specifically...
told them not to touch Santiago.
- We still playing hoops tomorrow night? - Do we have a deal?
I'll talk toyou when I get back.
- Hi there. - Any luck getting me replaced?
Is there anyone in this command you don't either drink or play ball with?
- Commander-- - Listen. I came to make peace.
Got offon the wrong foot. What doyou say? Friends?
I brought Downey some comic books he was asking for.
The kid, Kaffee, I swear he doesn't know where he is.
- Doesn't even know why he's arrested. - Commander.
- You can call meJoanne. -Joanne.
- OrJo. - Yes.
Jo, ifyou ever speak to a client ofmine again without my permission...
I'll haveyou disbarred.
- Friends? - I had authorization.
- From where? - Downey's closest living relative.
Ginny Miller. His aunt on his mother's side.
You got authorization from Aunt Ginny?
I gave her a call likeyou asked.
Very nice woman. We spoke for about an hour.
You got authorization from Aunt Ginny.
Perfectlywithin my province.
Does Aunt Ginny have a barn? We could hold the trial there.
I can sew the costumes. Maybe his Uncle Goober can be thejudge.
I'm going to Cuba with you tomorrow.
And the hitsjust keep on coming.
- How's it going, Luther? - Another day, another dollar, captain.
- You gotta play them as they lay. - What goes around comes around.
- Can't beat 'em,join 'em. - At least I got my health.
Well, then you got everything. Seeyou tomorrow, Luther.
Not ifI seeyou first.
Now don't forget. When Sally gets back, you're mywitness.
The baby spoke. My daughter said a word.
Your daughter made a sound, Sam. I'm not sure it was a word.
Come on, now. It was definitely a word.
You heard her. The girl sat here, pointed and said, '' Pa.''
She did. She said, '' Pa.''
She was pointing at a mailbox, Sam.
That's right, pointing as ifto say, '' Pa, look. A mailbox.''
Jack Ross came to see me today. He offered me the 1 2 years.
- Oh, that's whatyou wanted, right? - I know, I know.
I mean, I guess I'll take it. I'll take it.
- So-- - It took about 45 seconds.
He barely put up a fight.
Danny, take the 1 2 years. It's a gift.
You don't believe their story, doyou?
You think they ought to go tojail for the rest oftheir lives.
I believe everyword oftheir story...
and I think they ought to go tojail for the rest oftheir lives.
- Seeyou tomorrow. - Okay.
Don't forget to wear the whites. Very hot down there.
I don't like the whites.
Nobody likes the whites, but we're going to Cuba.
- You got Dramamine? - Dramamine keeps you cool?
No, Dramamine keeps you from throwing up. You get sickwhen you fly.
I get sickwhen I fly because I'm afraid ofcrashing into a large mountain.
I don't think Dramamine will help.
I got some oregano. I hear that works pretty good.
You know, Ross said the strangest thing to me right before I left.
He said the platoon commander LieutenantJonathan Kendrick...
had a meeting with the men and told them not to touch Santiago.
So?
I never mentioned Kendrick. I don't even know who he is.
Ah, what the hell. I'll seeyou tomorrow.
Lieutenants Kaffee and Weinberg, Commander Galloway.
I'm Corporal Barnes. I'm to escortyou to the windward side ofthe base.
- Thankyou. - I got some camouflagejackets here.
- I suggestyou both put them on. - Camouflagejackets?
Yes, sir. We'll be riding pretty close to the fenceline.
The Cubans see an officerwearing white...
they think it might be someone theywant to take a shot at.
Good call, Sam.
We'll just hop on the ferry. We'll be there in no time.
- Wait. We gotta take a boat? - Yes, sir.
- To get to the other side ofthe bay. - Nobody said anything about a boat.
- Is there a problem, sir? - No, no problem.
Just not crazy about boats.
Jesus Christ, Kaffee, you're in the Navy, for crying out loud.
- Nobody likes hervery much. - Yes, sir!
NathanJessup. Come on in.
Thankyou, sir. Daniel Kaffee. I'm the attorney for Dawson and Downey.
This is Lieutenant CommanderJoanne Galloway.
- Pleasure meeting you, Commander. - Observing and evaluating, sir.
Lieutenant Sam Weinberg. He'll be assisting.
- Sir. - This is myX.O., Colonel Markinson...
and platoon leader Lieutenant Kendrick.
I've asked them tojoin us. Sit down, please.
- Lieutenant Kaffee. - Colonel Markinson.
I had the pleasure ofmeeting your father once.
I was a teenager. He spoke at my high school.
Lionel Kaffee?
- Yes, sir. - Well, what doyou know?
John, this man's dad once made a lot of enemies down in your neck ofthe woods.
Jefferson v. Madison County SchoolDistrict.
Folks down there said a black girl couldn't go to an all-white school.
Lionel Kaffee said, ''Well, we'll just see about that.''
How the hell is your dad, Danny?
He passed away seven years ago, sir.
Don't I feel like the fuckin' asshole.
Not at all.
Well, what can we do foryou, Danny?
Uh, not much, sir.
This is really a formality more than anything else.
JAG Corps insists that we interview all the relevant witnesses.
TheJAG Corps can be demanding that way.
John will takeyou out and showyou whatyou want to see.
After that we can all hook up for lunch.
- How does that sound? Good. - Fine, sir.
I understand you had a meeting with your men that afternoon.
- Yes, I did. - What did you guys talk about?
I told the men that we had an informer among us...
and that despite any desire they might have to seek retribution...
Private Santiago was not to be harmed in anyway.
- What time was that meeting? - 1 600.
That's 4:00.
Sam, we should make sure somebody gets this to his parents.
- We don't need it anymore. - Right.
Lieutenant Kendrick, may I call youJohn?
No, you may not.
Have I done something to offend you?
No, I like all you Navy boys.
Every time we gotta go someplace to fight, you fellas always give us a ride.
Lieutenant Kendrick, doyou think Santiago was murdered?
Commander, I believe in God and His SonJesus Christ.
And because I do, I can say this:
Private Santiago is dead, and that is a tragedy.
But he is dead because he had no code.
He is dead because he had no honor, and God was watching.
How doyou feel about that theory?
Sounds good. Let's move on.
Areyou planning on doing any investigating...
or areyoujust gonna take the guided tour?
I'm pacing myself.
Theywere running around for three hours...
looking for anything white they could wave in the air.
Some ofthese people surrendered to a crew from CNN.
Well, walk softly and carry an armored tank division, I always say.
- That was delicious. Thankyou. - My pleasure, sir.
Colonel, I do have to askyou a couple ofquestions about September 6.
Shoot.
On the morning ofthe sixth, you were contacted by an N.I.S. agent...
who said that Santiago tipped him off to an illegal fenceline shooting.
- Yes. - Santiago would reveal the person...
- in exchange for a transfer. - Yes.
Ifyou feel there are any details that I'm missing...
you should feel free to speak up.
Thankyou.
Now, at this pointyou called Lieutenant Colonel Markinson...
and Lieutenant Kendrick intoyour office.
- Is that right? - Yes.
What happened?
We agreed that, for his own safety, Santiago should be transferred offbase.
Santiago was set to be transferred.
On the first available flight to the States...
0600 the next morning.
Five hours too late, as it turned out.
Yeah.
All right. That's all I have. Thanks very much foryour time.
Corporal's waiting with theJeep. He'll takeyou back to the flight line.
- Thankyou, sir. - Wait. I've got some questions.
- No, you don't. - Yes, I do.
- No, you don't. - On the morning that Santiago died...
did you meet with Dr. Stone between 3:00 and 5:00?
Ofcourse I met with the doctor. One ofmy men was dead.
See? The man was dead. Let's go.
I'm just wondering ifyou've ever heard the term ''Code Red.''
I've heard the term, yes.
This past February, you received a cautionary memo...
from the commander-in-chief ofthe Atlantic fleet...
warning that the practice ofenlisted men...
disciplining their own wasn't to be condoned by officers.
Well, I submit toyou that whoeverwrote that memo...
has never faced the working end...
ofa Soviet-made Cuban AK-47 assault rifle.
However, the directive having come from the commander...
I gave it its due attention.
- What is your point,Jo? - She has no point.
She often has no point. It's part ofher charm.
- We're out ofhere. Thankyou. - I think Code Reds still go on here.
- Do Code Reds still happen here? -Jo, he doesn't need to answer that.
- Yes, he does. - No, he really doesn't.
Yeah, he really does.
You know, itjust hit me.
She outranks you, Danny.
- Yes, sir. - I wanna tell you something.
And listen up, 'cause I really mean this.
You're the luckiest man in the world.
There is nothing on this earth sexier-- believe me, gentlemen--
than a woman that you have to salute in the morning.
Promote 'em all, I say, 'cause this is true:
Ifyou haven't gotten a blowjob from a superior officer...
well, you'rejust letting the best in life pass you by.
Colonel, the practice ofCode Reds is still condoned by officers--
My problem is that I'm a colonel, so I'll go on taking cold showers...
until they elect some gal president.
I need an answer to my question, sir.
Take caution in your tone, Commander.
I'm a fair guy, but this fucking heat is making me absolutely crazy.
You wanna ask me about Code Reds? On the record...
I tell you I discourage the practice...
in accordance with the commander's directive.
Offthe record, I tell you it is an invaluable part...
ofclose-infantry training.
And ifit happens to go on without my knowledge, so be it.
I run my unit how I run my unit.
You wanna investigate me, roll the dice and takeyour chances.
I eat breakfast 300 yards from 4,000 Cubans who are trained to kill me.
So don't think for one second that you can come down here...
flash a badge...
and make me nervous.
Let's go.
Colonel, I'll just need a copy ofSantiago's transfer order.
What's that?
Santiago's transfer order. You guys have paperwork on that kind ofthing.
I just need it for the file.
- For the file. - Yeah.
Ofcourseyou can have a copy ofthe transfer order for the file.
- I'm here to help in anyway I can. - Thankyou.
You believe that, don'tyou, Danny, that I'm here to helpyou in anyway I can?
Of course.
Corporal will takeyou by personnel on yourway out to the flight line...
and you can have all the transfer orders thatyou want.
- Let's go. - Butyou have to ask me nicely.
I beg your pardon?
You have to ask me nicely.
You see, Danny, I can deal with the bullets and the bombs and the blood.
I don't want money, and I don't want medals.
What I do want is foryou to stand there in that faggotywhite uniform...
and with your Harvard mouth extend me some fucking courtesy.
You gotta ask me nicely.
ColonelJessup, ifit's not too much trouble...
I'd like a copy ofthe transfer order, sir.
No problem.
In theseventh. San Diegoleads. Braves tryto comeback.
Runners don'tgo.
Harddrive, rightfield. We'regonnahavea tiedballgame.
It's onits way, anditisnow 10 to 10.
AndIdon'tbelieveit.
- Who is it? - It's me.
I really missed you. I wasjust saying to myselfit's been almost three hours.
- Markinson's disappeared. - What?
Colonel Markinson's gone U.A.-- unauthorized absence.
I know what it means. When?
This afternoon. Sometime afterwe left.
- I'll try to find him in the morning. - I've already tried.
You tried?
Joanne, you're coming dangerously close to the textbook definition...
ofinterfering with a government investigation.
I'm Louden Downey's attorney.
Aunt Ginny. She says she feels like she's known me foryears.
So I suggested that she might feel more comfortable...
ifI were directly involved with the case.
She had Louden sign the papers about an hour ago.
I suppose it's way too much to hope...
thatyou're making this up just to bother me.
Don't worry. I'm not gonna make a motion for separation.
- You're still lead counsel. - Splendid.
I think Kendrick ordered the Code Red, and so doyou.
Let's go.
Officer on deck!
- Did Kendrick order the Code Red? - Sir?
Don't say ''Sir'' like I just asked you ifyou cleaned the latrine.
You heard what I said. Did Lieutenant Kendrick orderyou guys...
to give Santiago a Code Red?
Yes, sir.
- Did he? - Yes, sir.
You mind telling me whyyou never mentioned this before?
-You didn't ask. -That won't win you a place in my heart.
I get paid no matter how much timeyou spend injail.
Yes, sir. I knowyou do, sir.
- Fuckyou, Harold! - All right.
At ease.
- Let's sort this thing out. - Shit!
There was a platoon meeting on September 6 at 4:00 in the afternoon.
Lieutenant Kendrick says that he gave strict instructions...
that nothing was to happen to Santiago.
Now, is this true?
I wantyou to speak freely.
Ma'am, that's correct...
but then he dismissed the platoon and we all went to our rooms.
And what happened then?
Lieutenant Kendrick came to our room, ma'am.
When?
About five minutes after the meeting broke, sir. About 1 620.
And what happened then?
Lieutenant Kendrick ordered us to give Santiago a Code Red.
Jack!
Hang on.
Theywere given an order.
-Jack, come on. - Be right back.
- What areyou doin',Jack? - Be right back.
- How long did you know about the order? - I didn't. Who's this?
That'sJo Galloway, Downey's lawyer. She's very pleased to meetyou.
- What exactly areyou accusing me of? - How long did you know about the order?
He didn't, 'cause ifhe did and hadn't told us...
he'd be violating about 1 4 articles ofthe Code of Ethics.
He has enough to worry about...
God forbid our clients decide to plead not guilty...
and testify for the record that theywere given an order.
Kendrick specifically told those men not to touch Santiago.
That's right. And then he went into Dawson and Downey's room...
and specifically told them to give him a Code Red.
- Kendrick said different. Have proof? - He's lying. I have the defendants.
And I have 23 Marines who aren't accused ofmurder...
and a lieutenant with four letters ofcommendation.
- Why did Markinson go U.A.? - We'll never know.
- You don't think I could subpoena him? - You can try, butyou won't find him.
You know what he did for the first 1 7 ofhis 26 years in the Corps?
Counterintelligence. Markinson's gone. There is no Markinson.
Look, Danny.
Jessup's star is on the rise.
Division will give me a lot ofroom on this one...
to spareJessup and the Corps any embarrassment.
How much?
Involuntary manslaughter, twoyears, they're home in six months.
No deal. We're going to court.
- No, you're not. - Why not?
'Causeyou'll lose, and Danny knows it.
Ifwe do go to court, I'm gonna have to go all the way.
They're gonna be charged with a whole truckload--
murder, conspiracy, conduct unbecoming.
Even though he's got me by the balls out here, Danny knows...
that in a courtroom, he loses this case.
Danny is an awfully talented lawyer.
He's not about to see his clients go tojail for life...
when he knows they can be home in six months.
That's the end ofthis negotiation.
I'll seeyou tomorrow morning at the arraignment.
Allright. Here's thestory.
The government's offering involuntary manslaughter, twoyears.
Be home in six months.
Wow, Kaffee! You're the greatest lawyer in the world!
Ooh, how can we ever thankyou?
Fellas, you hearwhat I just said?
You're going home in six months.
I'm afraid we can't do that, sir.
- Do what? - Make a deal, sir.
What areyou talking about?
We did nothing wrong, sir. We did ourjob...
and ifthat has consequences, then I'll accept them.
But I won't say that I'm guilty, sir.
Did you-- Did she putyou up to this?
- We have a code, sir. - Oh, well, zip-a-dee-doo-dah!
You and your code plead not guilty. You'll be injail the rest ofyour life.
Do what I'm telling you, you'll be home in six months.
Do it, Harold. Six months.
It's nothing. It's a hockey season.
- Permission to-- - Speak!
Jesus!
- What do we do then, sir? - When?
After six months, we'll be dishonorably discharged, right, sir?
Probably.
Well, what do we do then, sir?
Wejoined the Marines because we wanted to live our lives by a certain code.
And we found it in the Corps.
Nowyou're asking us to sign a piece ofpaper that says we have no honor.
You're asking us to saywe're not Marines.
Ifa court decides that what we did was wrong...
then I'll accept whatever punishment they give.
But I believe I was right, sir. I believe I did myjob...
and I will not dishonor myself, my unit or the Corps...
so that I can go home in six months...
sir.
Commander, I'd like to talk to Lance Corporal Dawson alone for a minute.
Sergeant.
We're gonna go to another room.
- We'd like another holding room. - All right, ma'am.
- It's gonna be okay. - Sit down.
You don't like me very much, doyou?
Forget it. Don't answer that. It doesn't matter.
You know...
Downeyworships you.
He's gonna do whateveryou do.
Areyou really gonna let this happen to him because ofa code, Harold?
- Doyou thinkwe were right? - It doesn't matter--
- Doyou thinkwe were right? - I thinkyou'd lose.
You're such a coward.
I can't believe they letyou wear a uniform.
I'm not gonna feel responsible for this. I did everything I could.
You're going to Leavenworth for the better part ofyour life.
And you know what? I don't give a shit.
What happened to saluting an officer when he leaves the room?
Open it up.
I don't believe it.
Dawson's gonna go tojail just to spite me.
Fine. Ifhe wants tojump offa cliff, that's his business.
I'm not gonna hold his hand on the way. I wanna get him a new lawyer. How?
Just make a motion tomorrow morning at the arraignment.
Thejudge will askyou ifyou want to enter a plea...
and you tell him thatyou want to have new counsel assigned.
That's that.
One thing, though. When you ask thejudge for new counsel...
Danny, be sure and ask nicely.
- What doyou want from me? - I wantyou to let them bejudged.
I wantyou to stand up and make an argument.
An argument that didn't work for Calley at My Lai.
An argument that didn't work for the Nazis at Nuremburg.
Oh, for Christ's sake, Sam.
Doyou really think that's the same as two teenage Marines...
executing a routine order they never believed would result in harm?
These guys aren't the Nazis.
Don't look now, Danny, butyou're making an argument.
Yeah, yeah. Tomorrow morning I get them a new attorney.
Why areyou so afraid to be a lawyer?
Were Daddy's expectations really that high?
Oh, please. Spare me the psycho-babble father bullshit!
Dawson and Downeywill have their day in court, but with another lawyer.
Another lawyerwon't be good enough. They need you.
You know how to win. You know they have a case, and you know how to win.
Ifyou walk away from this now, you've sealed their fate.
Their fate was sealed the moment Santiago died.
- Doyou believe they have a case? - You and Dawson.
You both live in the same dream world.
It doesn't matterwhat I believe.
It only matters what I can prove.
So, please, don't tell me what I know and don't know!
I know the law!
You know nothing about the law.
You're a used car salesman, Daniel.
You're an ambulance chaser with a rank.
You're nothing. Live with that.
So I toldDuncan...
''Ifyou wanna take this to court I'm gonna file nine discovery motions...
and you're gonna spend a year going blind on paperwork...
because a 90-year-old man misread the Delaware insurance code.''
- So what happened? - He calls back 1 5 minutes later.
He says, '' Let's make a deal.''
All rise.
Where are we?
Docket number 41 1 275VR-5.
The UnitedStates v. Lance CorporalHarold W. Dawson...
andPrivate First Class Louden Downey.
The accused are charged with murder, conspiracy to commit murder...
and conduct unbecoming a United States Marine.
Does the defense wish to enter a plea?
Yeah.
They're not guilty.
Enter a plea ofnot guilty for the accused.
We'll adjourn until 1 000, three weeks from today...
at which time this general court-martial will reconvene.
Why does a lieutenantjunior grade with ninth months' experience...
and a track record for plea bargaining get assigned a murder case?
Would it be so that it never sees the inside ofa courtroom?
We'll work out ofmy apartment every night, 7:00.
Jo, pick up a carton oflegal pads, half a dozen boxes ofred and black pens.
Sam, get a couple ofdesk lamps. I need a preliminary medical profile.
Jo, we need all proficiency and conduct reports on Dawson, Downey and Santiago.
The only thing I have to eat is Yoo-hoo and Cocoa Puffs...
so ifyou want anything else, bring it with you.
- Okay? - Yeah.
So this is what a courtroom looks like.
Wereyou able to speak toyour friend at the N.I.S.?
Yeah. She said if Markinson doesn't want to be found...
we're not gonna find him.
She said I could be Markinson, and you wouldn't know it.
Areyou Markinson?
I'm not Markinson.
That's two down.
What?
I'm just wondering, now thatJoanne's on this--
I'm just wondering ifyou still need me.
- Theywere following orders. - An illegal order.
Doyou think they knew it was an illegal order?
It doesn't matterwhat they knew. Any decent person would have refused--
They're not permitted to question orders.
Then what's the secret? Huh? What are the magic words?
I give orders every day--
We have softball games and marching bands.
Theywork at a place whereyou have to wear camouflage oryou might get shot!
I need you.
You're better at research than I am, and you know how to prepare a witness.
I've got medical reports and Chinese food. I saywe eat first.
What?
You got any kung pao chicken?
This is our defense-- intent. No one can prove there was poison on the rag.
Code Red-- they're common and accepted in Guantanamo Bay.
The order-- A: Kendrick gave it, B: They had to follow it.
- That's it. - What about motive?
We're a little weak on motive. They had one.
- That doesn't mean they're guilty. - Relax.
We'll deal with the fenceline shooting when it comes up.
Let's start with intent. I don't want to know what made Santiago die.
I just want to show it could've been something other than poison.
Jo, talk to doctors. Find out everything there is to know about lactic acidosis.
This is Lieutenant Commander Galloway with theJAG Corps in Washington.
I've been trying to track down a Lieutenant Colonel Matthew Markinson.
Doctor, was there any sign ofexternal damage?
No scrapes? No cuts? Bruises? Broken bones?
- Was there any sign ofviolence? - You mean, other than the dead body?
Shit, I walk into that every goddamn time.
He ordered me and Lance Corporal Dawson to give Willie a Code Red.
Answers still have to come much faster.
This Iowa farm boy thing will play for a while...
but in the end, it sounds like he's searching for the truth.
He's right. From now on, Willie is Private Santiago.
You start calling him Willie, and all ofa sudden he's a person...
who's got a mother who's gonna miss him, okay?
They drewthe courtmembers thisafternoon.
Sevenmen, two women, five Navy, four Marines.
Allofficers with line experience. Neitherofthe womenhave children.
That'sabadbreak. There'snothing we can do.
My fatheralwayssaidajury trial isnotjustabout thelaw.
It'saboutassigningblame. Santiago's dead, andheshouldn'tbe.
Theseninepeoplearegonnainsist thatsomeonebeblamedforthat.
Ross ishanding them our clients. We'regonnahandthem Kendrick.
This isaboutasalespitch. It'sgonnabe wonby thelawyers.
Soremember, pokerfaces. Don'tflinch in frontofthe courtmembers.
Something doesn't go ourway, don't hang your head or shift in your seat.
Whatever happens, you have to look like it's exactlywhatyou knew would happen.
- Ifyou pass me documents-- - Do it swiftly and don't look eager.
Don't wear that perfume in court. Wrecks my concentration.
Really?
I was talking to Sam.
What time is it?
It's time to go home. Try to get some sleep.
- Yeah. - Give me a ride?
Sure.
You're a good man, Charlie Brown.
I'll seeyou in court, counselor.
- Danny, I-- - You don't have to say it.
We've had our differences. I said some things I didn't mean.
You said some things you didn't mean, butyou're happy I stuckwith the case.
And ifyou've gained a certain respect for me over the last three weeks...
ofcourse, I'm happy about that.
But we don't have to make a whole big deal out ofit.
Ifyou like me, I won't makeyou say it.
I wasjust gonna tell you to wear matching socks tomorrow.
Okay. Good tip.
We're ready.
Better believe it.
We're gonna get creamed.
- Lieutenant Kaffee? - Yes?
You are gonna save our son, aren'tyou?
I'll do my best.
Danny, I'd likeyou to meet Ginny Miller, Louden's aunt.
- You're Aunt Ginny? - Uh-huh.
I'm sorry. I was expecting someone older.
So was I.
Last chance. I'll flipyou for it.
- All rise. - Too late.
All those having business with this general court-martial...
stand forward and you shall be heard.
ColonelJulius Alexander Randolph is presiding.
Is the government prepared to make an opening statement?
Yes, sir.
The facts ofthe case are these:
On midnight ofSeptember 6, the accused entered the barracks room...
oftheir platoon mate, P.F.C. William Santiago.
Theywoke him up, tied his arms and legs with tape...
and forced a rag into his throat.
A few minutes later, a chemical reaction called lactic acidosis...
caused his lungs to begin bleeding.
He drowned in his own blood...
and was pronounced dead at 37 minutes past midnight.
These are the facts ofthe case, and they are undisputed.
That's right. The story I'vejust told you...
is the exact same storyyou're gonna hear from Lance Corporal Dawson...
and it's the exact same story you're gonna hear from Private Downey.
Furthermore, the government will also demonstrate...
that the accused soaked the rag in poison...
and entered Santiago's room with motive and intent to kill.
Now, Lieutenant Kaffee...
is gonna try and pull off a little magic act here.
He's gonna try a little misdirection.
He's gonna astonish you with stories ofrituals...
and dazzleyou with official-sounding terms...
like ''Code Red.''
He might even try to cut into a few officers foryou.
He'll have no evidence, mind you, none, but it's gonna be entertaining.
And when we get to the end, all the magic in the world...
will not have been able to divert your attention from the fact...
that Willie Santiago is dead and Dawson and Downey killed him.
These are the facts ofthe case, and they are undisputed.
Lieutenant Kaffee.
There was no poison on the rag, and there was no intent to kill.
Any attempt to prove otherwise is futile 'cause itjust ain't true.
When Dawson and Downeywent into Santiago's room that night...
it wasn't because ofvengeance or hatred.
It wasn't to kill or harm, and it wasn't because theywere looking for kicks.
It's because it was what theywere ordered to do.
Let me say that again.
It's because it was what theywere ordered to do.
Out in the real world that means nothing...
and here at the Washington NavyYard it doesn't mean a whole lot more.
But ifyou're a Marine assigned to Rifle Security CompanyWindward...
Guantanamo Bay, Cuba, and you're given an order...
you follow it oryou packyour bags.
Make no mistake about it.
Harold Dawson and Louden Downey are sitting beforeyou today...
because they did theirjob.
Is the government ready to call its first witness?
Ifit please the court, the government calls Mr. R.C. McGuire.
Mr. McGuire, would you raiseyour right hand, please?
Doyou solemnly swear that the testimony you give this general court-martial...
will be the truth, the whole truth and nothing but the truth?
- I do. - Have a seat, please, sir.
Would you stateyour full name and occupation, for the record?
Robert C. McGuire, Special Agent, Naval Investigative Service.
Mr. McGuire, did your office receive a letter from P.F.C. William Santiago...
on 3 September ofthis year?
- We did. - What did that letter say?
That a member ofSantiago's unit had fired his weapon over the fenceline.
Was that Marine identified in the letter?
No. I notified the barracks C.O. ColonelJessup...
that I would be coming down to investigate.
And what did you find?
The shift reported only one sentry returned his weapon to the switch...
with a round ofammunition missing.
- Who was that? - Lance Corporal Harold Dawson.
Yourwitness.
Mr. McGuire, haveyou questioned Dawson about the fenceline shooting?
Yes. He claims to have been engaged in some manner by the enemy.
- You don' believe him? - It's not my place--
Lance Corporal Dawson's been charged with a number ofcrimes.
Whywasn't he charged with firing at the enemywithout cause?
There wasn't enough evidence to support such a charge.
Thankyou.
Mr. McGuire, I don't understand whatyou mean when you say...
''There wasn't enough evidence to support such a charge.''
You had William Santiago's letter.
Santiago was the only eyewitness.
I never had the chance to interview him, so I don't know what he saw.
And now we'll never know, will we, Mr. McGuire?
- No more questions. - The witness is excused.
Corporal Carl Edward Hammaker, Marine Barracks...
Rifle Security CompanyWindward, Second Platoon Bravo.
Corporal, wereyou present at a meeting that Lieutenant Kendrick held...
on the afternoon ofSeptember 6 with the members ofthe Second Platoon?
Yes, sir.
Would you tell the court the substance ofthat meeting?
Lieutenant Kendrick told us we had an informer in our group--
that Private Santiago had gone outside the chain ofcommand...
and reported to the N.I.S. on a member ofour platoon.
Did that makeyou mad? You can tell the truth, Corporal.
- Did it makeyou mad? - Yes, sir.
How mad?
Private Santiago betrayed a code we believe in very deeply, sir.
- Were the other squad members angry? - Object. Speculation.
- Were Dawson and Downey? - Is the government counsel...
honestly asking the witness to testify as to how my clients felt?
Sustained.
Corporal, did Lieutenant Kendrick leave a standing order at that meeting?
- Yes, sir. - What was it?
Well, it was clear that he didn't want us taking matters into our own hands.
What was the order?
Sir, he said Santiago wasn't to be touched.
Yourwitness.
Corporal Hammaker, wereyou in Dawson and Downey's barracks...
five minutes after this meeting?
No, sir.
Thanks. I have no more questions.
The witness is excused.
The government calls Corporal Raymond Thomas.
I understand Captain Ross is planning on calling all the other members...
of Rifle Security CompanyWindward to testify.
In light ofthe defense Lieutenant Kaffee is planning to mount...
the explicit instructions ofa platoon leader seems particularly relevant.
The defense is willing to concede that all 22 witnesses...
will testify substantially as Corporal Hammaker did...
ifthe government is willing to concede that none ofthem...
were in Dawson and Downey's room at 1 6:20 on September 6.
Captain?
The government will stipulate.
Then we'll adjourn for the day. You can call your next witness tomorrow.
All rise.
I want to go over the doctor again.
- We're taking the right approach. - We've been over this already.
Listen to me. 3:00-- Stone says he doesn't know what killed Santiago.
Then he meets withJessup, and at 5:00 he says it was poison?
- The doctor's not telling the truth. - Oh, that's a relief!.
I was afraid I wouldn't be able to use the ''liar, liar, pants on fire'' defense.
We can't prove coercion. Let's go overwhat we have, okay?
PrivateSantiago wasadmitted to the E.R. at0012...
and he was pronounced dead at 0037.
Dr. Stone, what is lactic acidosis?
Ifthe muscles and other cells ofthe body burn sugar...
instead ofoxygen, lactic acid is produced.
That lactic acid is what caused Santiago's lungs to bleed.
Normally, how long does it take for the muscles and other cells...
to begin burning sugar instead ofoxygen?
Twenty to thirty minutes.
And what caused this process to be sped up in Santiago's muscles?
An ingested poison ofsome kind.
Your Honor, we object at this point. The witness is speculating.
Commander Stone is an expert medical witness.
In this courtroom, his opinion is not considered speculation.
Commander Stone is an internist, not a criminologist.
The medical facts here are ultimately inconclusive.
A point I'm confidentyou'll illustrate to the court under cross-examination.
So I'm sureyou won't mind ifhis opinion is admitted now.
Not at all, sir.
Dr. Stone, did Willie Santiago die ofpoisoning?
Absolutely.
You're aware that the lab and coroner's report show no traces ofpoison?
- Yes, I am. - Then how doyoujustify--
There are literally dozens oftoxins which are virtually undetectable...
both in the human body and on a fabric.
The nature ofthe acidosis is the compelling factor on this issue.
Thankyou, sir.
Commander, is it possible for a person to have an affliction--
some sort ofcondition-- which might speed up the process ofacidosis?
Commander, is it possible?
It's possible.
What might some ofthose conditions be?
Ifa person had a coronary disorder...
or a cerebral disorder, the process would be more rapid.
IfI had a coronary condition and a clean rag was placed in my mouth...
and the rag was pushed too far down, is it possible that my cells...
would continue burning sugar after the rag was taken out?
It would have to be a very serious condition.
Is it possible to have a serious coronary condition...
where the warning signals were so mild as to escape a physician...
during a routine medical exam?
Possibly. There would still be symptoms, though.
- What kind ofsymptoms? - There are hundreds--
- Chest pains? - Yes.
- Shortness ofbreath? - Yes.
- Fatigue? - Ofcourse.
Doctor, is this your signature?
Yes, it is.
This is an order for Private Santiago to be put on restrictive duty.
Would you read your handwritten remarks at the bottom ofthe page, please?
''Initial testing, negative. Patient complains ofchest pains...
shortness ofbreath and fatigue.
Restricted from running distances over five miles for one week.''
Commander, isn't it possible that Santiago had a serious condition...
and it was that condition that caused the accelerated chemical reaction?
It's not possible?
I personally give each man a thorough physical examination.
Private Santiago was given a clean bill ofhealth.
That's why it had to be poison, right, Commander?
'Cause ifyou put a man with a serious coronary condition on duty...
and that man died from a heart-related incident...
you'd have a lot to answer for, wouldn'tyou, Doctor?
- Object! Move to strike. - Sustained.
I have no more questions, Your Honor.
Dr. Stone, you've held a medical license for 1 7 years.
You're Board-certified in internal medicine.
You are chiefofinternal medicine at a hospital which serves 5,426 people.
In your professional medical opinion, was Willie Santiago poisoned?
We renew our objection to Commander Stone's testimony...
and ask that it be stricken from the record.
We further ask the court members to lend no weight to this witness's testimony.
The objection is overruled.
The defense strenuously objects and requests an 802 conference...
so that His Honor might have a chance to hear discussion before ruling.
The objection ofthe defense has been heard and overruled.
- Move to reconsider. - Your objection is noted.
The witness is an expert, and the court will hear his opinion!
Dr. Stone, in your expert, professional opinion...
was Willie Santiago poisoned?
Yes.
Thankyou, sir. I have no more questions.
Commander, you may step down.
Please the court, while we reserve the right to call rebuttal witnesses...
the government rests.
We'll stand in recess until 1 000, Monday the 1 9th...
at which time, the defense will call its first witness.
All rise.
''I strenuously object''?
Is that how it works? ''Objection overruled.''
'' No, no. I strenuously object.''
''Oh, well, ifyou strenuously object, then I should take time to reconsider.''
I got it on the record.
You also got the court members thinking we're afraid ofthe doctor.
You object once, so they can hear us say he's not a criminologist.
You keep after it, and suddenly it looks like a bunch offancy lawyer tricks.
It's the difference between paper law and trial law.
You even had thejudge saying Stone was an expert!
She made a mistake. Let's not relive it.
I'm gonna go call mywife. I'll seeyou tonight.
Why doyou hate them so much?
They beat up on a weakling. That's all they did.
The rest ofthis isjust smoke-filled coffeehouse crap.
They tortured and tormented a weaker kid!
They didn't like him, so they killed him.
And why? Because he couldn't run very fast!
All right. Everybody take the night off.
- I'm sorry. - I know.
We've been working 20 hours a day for three and halfweeks straight.
Just take the night off. Go seeyourwife, your daughter.
Jo, go do...
whatever it is you do when you're not here.
- What day is tomorrow? - Saturday.
We start at 1 0:00.
Why doyou like them so much?
'Cause they stand on a wall....
and they say, '' Nothing's gonna hurtyou tonight, not on mywatch.''
Don't worry about the doctor. This trial starts Monday.
1 and2 with two out. Andaline drive toleftcenter.
Kirbyracing. He won'tget there.
Androunding thirdis CalRipken...
andthe Twins'streakis over.
Onestrikeaway, andRandy Milligan feels rightnowlike Hulk Hogan.
I'm sorry to botheryou. I should've called first.
No, I wasjust watching a ball game. Come on in.
I was wondering if-- Howyou'd feel about my taking you to dinner tonight?
- Areyou asking me out on a date? - No.
Sounded likeyou were asking me on a date.
I've been asked out on dates before, and that's what it sounded like.
Doyou like seafood? I know a good seafood place.
My third case was a drunk and disorderly.
It lasted nine weeks. I rounded up 31 people from the bar that night.
Nine weeks on a D and D? What was the prosecutor offering?
Fifteen days.
You sure hustled the shit out ofhim.
Well, after that they moved me to Internal Affairs.
- Tough to blame them. - Where I have earned...
two meritorious service medals and two letters ofcommendation.
Why areyou always giving me your resume?
Because I wantyou to think I'm a good lawyer.
I do.
No, you don't.
I thinkyou're an exceptional lawyer.
I watch the court members. They respond toyou. They likeyou.
I seeyou convincing them, and I think Dawson and Downey...
are gonna end up owing their lives toyou.
Jo, I think--
I thinkyou should prepareyourself for the fact that we're gonna lose.
Ross's opening statement-- it was all true.
Let's pretend for a minute that it would actually matter...
that the guys were given an order.
I can't prove it ever happened.
We'll keep doing what we're doing and we'll put on a show...
but all we have is the testimony oftwo people accused ofmurder.
We'll find Markinson.
Jo, we're gonna lose, and we're gonna lose huge.
CorporalJeffrey Owen Barnes, Marine Barracks Windward...
Guantanamo Bay, Cuba.
Corporal Barnes, name some reasons why a Marine would receive a Code Red.
Being late for platoon or company meetings.
Keeping his barracks in disorder. Falling back on a run.
- Haveyou ever received a Code Red? - Yes, sir.
We were doing seven-man assault drills, and myweapon slipped.
It was 'cause it was over 1 00 degrees, and my palms were sweaty...
and I'd forgotten to use the resin like we were taught.
What happened?
That night, the guys in my squad threw a blanket over me...
took turns punching me in the arm for five minutes...
then they poured glue on my hands.
And it worked too, 'cause I ain't never dropped myweapon since.
Was Private Santiago ever late for platoon meetings?
Yes, sir.
- Was his barracks ever in disorder? - Yes, sir.
- Did he ever fall back on a run? - All the time, sir.
Did he ever, prior to the night ofSeptember 6, receive a Code Red?
No, sir.
- Never? - No, sir.
You got a Code Red 'causeyour palms were sweaty.
Why didn't Santiago, this burden to his unit, ever get one?
Dawson wouldn't allow it, sir.
Dawson wouldn't allow it.
The guys talked tough about Santiago, but theywouldn't go near him.
Theywere too afraid of Dawson.
Object. The witness is speculating.
I'll rephrase.Jeffrey, did you ever want to give Santiago a Code Red?
- Yes, sir. - Why didn'tyou?
'Cause Dawson would kick my butt, sir.
Good enough. Captain Ross is gonna askyou some questions now.
Corporal Barnes...
I hold here the Marine Outline forRecruit Training.
- Areyou familiarwith this book? - Yes, sir.
- Haveyou read it? - Yes, sir.
Would you turn to the chapter that deals with Code Reds, please?
Just flip to the page ofthe book that discusses Code Reds.
Well, you see, sir, Code Red is a term that we use.
Just down in Gitmo--
Oh, we're in luck, then.
Standard Operating Procedure, Rifle Security Company, Guantanamo Bay, Cuba.
I assume we'll find the term Code Red and its definition in that book.
No, sir.
Corporal Barnes, I'm a Marine.
Is there no book, no manual or pamphlet, no set oforders or regulations...
that lets me know that as a Marine one ofmy duties is to perform Code Reds?
No, sir. No book, sir.
No further questions.
Corporal, would you turn to the page in this book....
that says where the mess hall is, please?
Lieutenant Kaffee, that's not in the book, sir.
You mean to say in all your time at Gitmoyou've never had a meal?
No, sir. Three squares a day, sir.
I don't understand.
How did you know where the mess hall was ifit's not in this book?
Well, I guess I just followed the crowd at chow time, sir.
No more questions.
- Corporal Barnes, you may step down. - Thankyou, sir.
7:00 tonight we'll do a final Kendrick review.
I want to slam-dunk this guy.
Hey, Luther.
Admiral, how's the big case going?
Nose to the grindstone.
- No flies on you. - A rolling stone gathers no moss.
Well, it ain't over till the fat lady sings.
You can say that again.
- It ain't over till the fat lady sings. - Till the fat lady sings.
Walked into that one.
Oh,Jesus Christ!
You left the door unlocked.
- You scared the shit out ofme. -Just keep driving.
Areyou aware you're under subpoena?
Yes. I'm also aware that the lives oftwo Marines are in your hands.
Ifthere was something I could do about that, I would.
But since I can't, all I can do is helpyou.
- What doyou know? - I know everything.
- Was it a Code Red? - Yes.
- Did Kendrick give the order? - Yes.
- Did you witness it? - I didn't need to.
Then how doyou know? You know shit.
He was never gonna be transferred offthat base.
Jessup was gonna keep him on the base. He said he wanted him trained.
- The transfer order has your signature. - Yeah, I know.
I signed it the morning you arrived in Cuba, five days after Santiago died.
I'm gonna getyou a deal, some kind ofimmunitywith the prosecutor.
In about four days, you'll appear as a witness and tell whatyou know.
I'm gonna checkyou into a motel. We are gonna start from the beginning.
I don't want a deal, and I don't want immunity.
I wantyou to know that I'm proud neither ofwhat I've done or am doing.
- Where is he? - The Downtown Lodge in Northeast.
- I want him guarded. - That's a good idea.
- My clearance code is 41 1 527273. - Clearance code?
- Thankyou. - Doyou have a clearance code?
This isJo Galloway. I need to secure a witness.
Anyway, he also said thatJessup's lying about the transportation offthe base.
Jessup said that 6:00 the next morning was the first flight leaving.
Markinson says there was a plane that left seven hours earlier.
That was impressive. Did you hear what I said about the flight?
Sam, when a flight takes off, there's a record kept, right?
Yeah, you need the tower chief´s log from Gitmo.
- Get it. - We're gonna win.
We don't know who Markinson is. We don't know what the logbookwill say.
Youjust concentrate on Downey. I'm gonna tell Ross where we are.
Nice work today. Redirect on Barnes.
- I have Markinson. - Where is he?
Motel room in Northeast with six Federal Marshalls outside his door.
The transfer that Markinson signed is phony.
Jessup's statement that the 6:00 a.m. flight was the first available is a lie.
We're checking the tower chief´s log. I'd like a beer, please.
In the meantime, I'm gonna put Kendrick on the stand and have some fun.
All right, I have an obligation to tell you...
that ifyou accuse Kendrick orJessup ofany crime without proper evidence...
you'll be subject to a court-martial for professional misconduct.
That's something that'll be stapled to everyjob application you ever fill out.
Markinson's not gonna hold up, Danny. He's a crazy man.
I'm not saying this to intimidateyou. I'm being your lawyer here.
Thanks,Jack. And I think the fucking bunch ofyou are certifiably insane.
Your code ofhonor makes me want to beat the shit out ofsomebody.
Don't lump me in with them just because we wear the same uniform.
I'm your friend, and I don't think your clients belong injail...
but I don't get to make that decision.
I represent the United States government without passion or prejudice.
- My client has a case. - Hereyou go.
I wantyou to acknowledge that thejudge advocate has madeyou aware...
ofthe possible consequences involved in accusing a Marine officer...
ofa felony without proper evidence.
I've been so advised.
You got bullied into that courtroom, Danny.
By everyone. By Dawson, by Galloway.
Shit, I practically dared you.
You got bullied into that courtroom by the memory ofa dead lawyer.
You're a lousy fucking softball player,Jack!
Your boys are going down, Danny. I can't stop it anymore.
Lieutenant Kendrick, in your opinion, was Private Santiago a good Marine?
I'd say he was about average.
You signed three proficiency and conduct reports on Santiago.
On all three reports, you indicate a rating ofbelow average.
Yes, Private Santiago was below average.
I did not see the need to trample on a man's grave.
We appreciate that, butyou're under oath now.
Unpleasant as it may be, we'd all just as soon hear the truth.
I'm aware ofmy oath.
These are the last three pro-con reports you signed for Lance Corporal Dawson.
Dawson received two marks ofexceptional...
but on this most recent report ofJune 9 he received a rating ofbelow average.
- I'd like to discuss this last report. - That would be fine.
Lance Corporal Dawson's ranking after the school ofinfantrywas perfect.
Over halfthat class has since been promoted to full corporal...
while Dawson has remained a lance corporal.
Was Dawson's promotion held up because ofthis last report?
I'm sure it was.
Doyou recall why Dawson was given such a poor grade on this report?
I'm sure I don't.
I have many men in my charge. I write many reports.
Lieutenant, doyou recall an incident involving a P.F.C. Curtis Bell...
who'd been found stealing liquor from the Officers' Club?
Yes, I do.
Did you report Private Bell to proper authorities?
I have two books at my bedside--
The Marine Corps Code ofConduct and The KingJames Bible.
The only proper authorities I'm aware of are my commanding officer...
Colonel Nathan R.Jessup and the Lord our God.
Atyour request, Lieutenant Kendrick, I can have the record reflect...
your lack ofacknowledgement ofthis court as a proper authority.
- Objection. Argumentative. - Sustained.
Watch yourself, counselor.
Did you report Private Bell toyour superiors?
I remember thinking very highly of Private Bell--
not wanting to see his record tarnished by a formal charge.
You preferred it be handled within the unit?
Yes, I most certainly did.
- Doyou know what a Code Red is? - Yes, I do.
- Haveyou ever ordered a Code Red? - No, I have not.
Did you order Dawson and two other men to make sure that Private Bell...
received no food or drink, except water, for a period ofseven days?
That is a distortion ofthe truth, Lieutenant.
Private Bell was placed on barracks restriction.
He was given water and vitamin supplements, and I can assureyou...
at no time was his health in danger.
I'm sure it was lovely for Private Bell.
Butyou did order the barracks restriction, didn'tyou?
- You did order the denial offood? - Yes, I did.
Wouldn't this form ofdiscipline be considered a Code Red?
IfI called the other 478 Marines at Guantanamo Bay to testify...
would they consider it a Code Red?
The witness can't possibly testify as to what 478 other men would say.
We object to this entire line ofquestioning. It's argumentative...
and irrelevant badgering ofthe witness.
The government's objection is sustained, Lieutenant Kaffee...
and I would remind you thatyou're now questioning a Marine officer...
with an impeccable service record.
Thankyou, Your Honor.
Lieutenant, was Dawson given a rating ofbelow average on this last report...
becauseyou learned he'd been sneaking food to Private Bell?
- Object! - Not so fast. Lieutenant?
Lance Corporal Dawson was given a below average rating...
because he had committed a crime.
A crime? What crime did he commit?
Dawson brought a hungry guy some food. What crime did he commit?
He disobeyed an order.
And because he exercised his own set ofvalues...
because he made a decision about the welfare ofa Marine...
that was in conflict with your order, he was punished, is that right?
Lance Corporal Dawson disobeyed an order.
Yeah, but it wasn't a real order, was it?
After all, it's peacetime.
He wasn't being asked to secure a hill or advance on a beachhead.
I mean, surely a Marine of Dawson's intelligence...
can be trusted to determine on his own which are the important orders...
and which orders might, say, be morally questionable?
Can he?
Can Dawson determine on his own which orders he's going to follow?
No, he cannot.
A lesson he learned after the Curtis Bell incident, right?
- I would think so. - You know so, don'tyou?
- Object! - Sustained.
Lieutenant Kendrick, one final question.
Ifyou had ordered Dawson to give Santiago a Code Red--
- I specifically ordered those men-- - Would he disobeyyou again?
- Lieutenant, don't answer that! - You don't have to. I'm through.
Lieutenant Kendrick, did you order Lance Corporal Dawson...
and Private Downey to give Willie Santiago a Code Red?
- No, I did not. - Thankyou.
What's the word?
I got the tower chief´s log from that night.Jessup's telling the truth.
- 6:00 a.m. flight was the first plane. - Let me see this.
- Working late tonight? - Oh, yeah.
There wasn't a flight at 1 1 :00. What the fuck areyou trying to pull?
The first flight stateside left Guantanamo Bay at 2300.
It arrived at Andrews Air Force Base at a few minutes past 2:00.
Really? Then why isn't it listed in the tower chief´s log?
Jessup.
What areyou telling me? He fixed the logbook?
Maybe he can make it so a plane didn't take off, but I can prove one landed.
I'll get the logbook from Andrews.
You're not gonna find anything in the Andrews logbook, either.
He can make an entire flight disappear?
Jessup is about to be appointed director ofoperations for the Security Council.
You don't get to that position without knowing how to sidestep some land mines.
He's not gonna be able to sidestepyou.
You don't still intend to put me on the stand?
Thursday morning, 1 0:00.
There's gotta be someone who can testify to the flight.
This isn't TWA. There isn't a regular flight schedule.
Doyou have any idea how many planes take offand land every day?
A ground crew kid won't remember a flight that landed fourweeks ago.
- How doyou know ifyou don't check? - Forget the flight!
Markinson will testify thatJessup refused to transfer Santiago.
He'll testify to the forged transfer, and that'll be enough.
That and Downey's testimony really ought to be enough.
Why did you go into Santiago's room on the night ofthe 6th?
To give Private Santiago a Code Red, ma'am.
Why did you give him a Code Red?
I was ordered to give him a Code Red by the platoon commander...
of Rifle Security CompanyWindward, LieutenantJonathanJames Kendrick.
You're gonna do fine.
You think they'll let us go back to our platoon soon, ma'am?
Absolutely.
Doyou remember the order ofquestions? Areyou sure?
And we'll use small words, 'cause he gets rattled ifhe doesn't understand.
- I'm just saying go slow. - I'm gonna go slow.
And get him off as fast as you can.
What? It's gonna be fine.
DearMr. andMrs. Santiago...
I was William's executive officer.
Iknewyourson vaguely, which is tosayIknewhisname.
Inamatteroftime, the trialofthe twomen...
chargedwithyourson's death willbe concluded...
andsevenmenandtwo women whomyou'venevermet...
will tryto offeryouan explanation as to why William is dead.
Formypart, I've doneasmuch as Ican tobring the truth tolight.
Andthe truth is this--
Yoursonis deadforonlyonereason--
I wasn'tstrongenough tostopit.
Always, Lieutenant Colonel MatthewAndrewMarkinson...
UnitedStates Marine Corps.
Private, I wantyou to tell us one last time.
Why did you go to Private Santiago's room on the night ofSeptember 6?
A Code Red was ordered by my platoon commander...
LieutenantJonathanJames Kendrick.
Thankyou.
Yourwitness.
Private, the week of2 September...
the switch log has you down at Post 39 until 1 600.
Is that correct?
I'm sure it is, sir. They keep that log pretty good.
How far is it from Post 39 to the Windward Barracks?
Well, it's a ways, sir. It's a hike.
About how far byJeep?
About ten or fifteen minutes, sir.
You ever had to walk it?
Yes, sir. That day, Friday. The pickup private--
That's what we call the guy who drops us offand picks us up...
also 'cause he can get girls in New York City.
The pickup private got a flat, sir, right at 39.
He pulled up and, bam, blowout with no spare.
So we had to double-time it back to the barracks.
And ifit's about ten or fifteen minutes byJeep, I'm guessing...
it must be a good hour by foot, am I right?
Pickup and me did it in 45 flat, sir.
Not bad.
You've said thatyour assault on Private Santiago...
was a result ofan order that Lieutenant Kendrick gaveyou...
in your barracks room at 1 620, am I right?
Yes, sir.
Butyoujust said thatyou didn't make it back to the barracks until 1 645.
Well, ifyou didn't make it back to the barracks until 1 645...
how could you be in your room at 1 620?
Well, you see, sir, there was a blowout--
Did you ever actually hear Lieutenant Kendrick order a Code Red?
Well, Hal said that--
Private, did you ever actually hear...
Lieutenant Kendrick order a Code Red?
I'd like to request a recess in order to conferwith my client.
- Why did you go into Santiago's room? - The witness has rights!
- The witness has been read his rights. - The question will be repeated.
Why did you go into Santiago's room?
Did Lance Corporal Dawson tell you to give Santiago a Code Red?
- Don't look at him! - Hal!
Answer the captain's question!
Yes, Captain, I was given an order by my squad leader...
Lance Corporal Harold W. Dawson, United States Marine Corps...
and I followed it.
Where doyou think he is?
As far as Downeywas concerned, it was an order from Kendrick.
It doesn't matter that he didn't hear it firsthand.
He doesn't distinguish between the two.
Danny, I'm sorry.
Don't worry about it.
Sam and I werejust talking about how all we really have to do...
is call some witnesses who will talk about implied orders.
Maybe we can put Downey back on the stand before we get to Dawson.
Ifwe work at it, we can get Dawson charged with the Kennedy assassination.
Areyou drunk?
Pretty much.
Yeah.
I'll put on a pot ofcoffee. We've got a long night's work ahead.
She's gonna make coffee.
That's nice.
Downeywasn't in his room.
Wasn't even there.
That was an important piece ofinformation, don'tyou think?
Danny, it was a setback, and I'm sorry.
But we fix it, and move on to Markinson.
Markinson's dead.
You really gotta hand it to those Federal Marshals, boy.
It's not like he hanged himself by his shoelaces...
or slashed his wrists with a concealed butter knife.
This guy...
got into full dress uniform, stood in the middle ofthat room...
drew a nickel-plated pistol from his holster...
and fired a bullet into his mouth.
Anyway, since we seem to be out of witnesses, I thought I'd drink a little.
I still thinkwe can win.
Maybeyou should drink a little.
We'll go to Randolph in the morning and make a motion for a 24-hour continuance.
- Whywould we want to do that? - To subpoena ColonelJessup.
- What? - Listen for a second. Hear me out.
I won't listen, and I won't hearyou out.
Your passion is compelling,Jo. It's also useless.
Louden Downey needed a trial lawyer today.
You're chickenshit.
You're gonna use what happened today as an excuse to give up.
It's over.
Why did you askJessup for the transfer order?
- In Cuba. Why? - What does it matter?
- I wanted the damn transfer order! - Bullshit.
You could've gotten it by calling any department at the Pentagon.
You didn't want the transfer order. You wanted to seeJessup's reaction.
You had an instinct, and it was confirmed by Markinson.
Let's putJessup on the stand and end this thing!
What possible good could come from puttingJessup on the stand?
He told Kendrick to order the Code Red.
He did? That's great! Why didn'tyou say so?
And ofcourse you have proofofthat!
Oh, I'm sorry. I forgot. You were sick the day they taught law at law school.
You put him on the stand, and you get it from him.
Oh, we get it from him! Yes! No problem!
ColonelJessup, isn't it true that you ordered the Code Red on Santiago?
- Listen, we're all a little-- - I'm sorry. Your time's run out.
What do we have for the losers? Well, for our defendants...
it's a lifetime at exotic Fort Leavenworth.
And for Defense Counsel Kaffee...
it's a court-martial!
Yes,Johnny, after falsely accusing...
a highly decorated Marine officer...
ofconspiracy and perjury...
Lieutenant Kaffee will have a long and prosperous career...
teaching typewriter maintenance at the Rocco Clubo School forWomen.
Thankyou for playing ''Should we or should we not...
follow the advice ofthe galactically stupid?''
I'm sorry I lost your set ofsteak knives.
Stop cleaning up.
- Want a drink? - Yeah.
- Is your father proud ofyou? - Don't do this toyourself.
I'll bet he is.
I'll bet he bores the shit out ofthe neighbors and relatives.
''Sam's made LawReview. He's got a big case he's making.
He's arguing. He's making an argument.''
I think my fatherwould've enjoyed seeing me graduate from law school.
I think he would've liked that an awful lot.
Did I ever tell you I wrote a paper aboutyour father in college?
Yeah?
One ofthe best trial lawyers ever.
Yes, he was.
IfI were Dawson and Downey and I had a choice...
between you oryour father to represent me in this case...
I'd chooseyou any day ofthe week and twice on Sunday.
You should've seen yourself thunder away at Kendrick.
Would you putJessup on the stand?
- Doyou think my fatherwould have? - With the evidence we got?
Not in a million years.
But here's the thing-- and there's really know way ofgetting around this--
Neither Lyle Kaffee nor Sam Weinberg are lead counsel for the defense...
in the matter of U.S. v. DawsonandDowney.
So there's really only one question-- What would you do?
Jo, get in the car. Joanne, please get in the car.
Look--
I apologize. I was angry. I'm sorry about what I said.
I'm gonna putJessup on the stand.
Whatdoyousuggest we do?
I saywe hitJessup with the phony transfer order.
What's a transfer order without a witness?
- We have a witness. - A dead witness.
In the hands ofa lesser attorney, that would be a problem.
Look at this. Last night he's swimming inJack Daniels...
and now he can leap tall buildings in a single bound.
I'm getting my second wind. Sit down, both ofyou.
Good.Jessup told Kendrick to order the Code Red. Kendrick did.
Our clients followed the order. The cover-up isn't our case.
To win,Jessup needs to tell the court members that he ordered the Code Red.
- You thinkyou can get him to say it? - I think he wants to say it.
I think he's pissed off that he's got to hide from us.
I think he wants to say that he made a command decision, and that's the end.
He eats breakfast 300 yards away...
from 4,000 Cubans that are trained to kill him.
No one's gonna tell him how to run his unit.
Least ofall the Harvard mouth in his faggotywhite uniform.
I need to shake him, put him on the defensive...
and lead him right where he's dying to go.
- That's it? That's the plan? - That's the plan.
- How areyou gonna do it? - I have no idea.
- I need my bat. - Yourwhat?
I think betterwith my bat. Where's my bat?
- I put it in the closet. - You put it in the closet?
- I was tripping on it. - Don't ever put that bat in the closet.
- He thinks betterwith his bat? - I can understand that.
Stay here. I'm going to the office for a while.
He does think betterwith that bat.
Sam, I need you to do something for me.
- What's going on? - Gotta go out to Andrews.
- Where's Sam? - He's on his way.
- Did he get the guys? - Yeah.
Listen, can I talk toyou for a second?
Oh, yeah, sure.
Howyou feeling?
Well, I thinkJessup's gonna have his hands full today.
Listen, Danny...
when you're out there today...
ifyou feel like it's not gonna happen...
ifyou feel like he's not gonna say it...
don't go for it.
You could get in trouble.
I'm special counsel for Internal Affairs...
and I'm telling you you could get in a lot oftrouble.
Wait, Lieutenant Commander Galloway...
you're not suggesting that I back offa material witness?
Ifyou thinkyou can't get him, yeah.
Allrise.
- Where's Sam? - He's on his way.
- Call your first witness. - Where is he?
- He'll be here. - Lieutenant.
Call yourwitness.
Defense calls Colonel NathanJessup.
ColonelJessup, would you raise your right hand please, sir?
Doyou solemnly swear that the testimony you will give in this court-martial...
will be the truth, the whole truth and nothing but the truth?
Yes, I do.
Have a seat please, sir.
Would you stateyour name, rank and current billet for the record, sir?
Colonel Nathan R.Jessup, commanding officer...
Marine Ground Forces, Guantanamo Bay, Cuba.
- Thankyou, sir. - He's not here.
Colonel, when you learned ofSantiago's letter to the N.I.S....
you had a meeting with your two senior officers.
- Is that right? - Yes.
The platoon commander, LieutenantJonathan Kendrick...
and the executive officer, Lieutenant Colonel Matthew Markinson.
Yes.
And at present Colonel Markinson is dead. Is that right?
Objection. I'd like to knowjust what the defense counsel is implying.
I'm implying simply that at present Colonel Markinson is not alive.
ColonelJessup doesn't need to appear in court to confirm that information.
I just wasn't sure the witness was aware that two days ago...
the colonel took his own life with a .45-caliber pistol.
The witness is aware, the court is aware...
and now the court members are aware.
We thankyou for bringing this to our attention.
Move on, Lieutenant..
Yes, sir.
Colonel, you gave Lieutenant Kendrick an order at this meeting, right?
I told Kendrick to tell his men that Santiago wasn't to be touched.
And did you give an order to Colonel Markinson as well?
I ordered Markinson to have Santiago transferred offthe base immediately.
Why?
I felt his life might be in danger once word ofthe letter got out.
Grave danger?
Is there another kind?
Colonel, we have the transfer order thatyou and Markinson co-signed...
ordering that Santiago be on a flight leaving Guantanamo at 6:00 the next day.
- Was that the first flight? - The 0600 was the first flight.
You flew up to Washington this morning. Is that right?
I noticeyou're wearing your class ''A'' dress uniform in court today.
- As areyou, Lieutenant. - Did you wear that on the plane?
Please the court, is this dialogue relevant to anything--
Defense didn't have the opportunity to depose this witness.
- I'd ask for a little latitude. - A very little latitude.
I wore utilities on the plane.
- You broughtyour dress uniform? - Yes.
- Toothbrush, shaving kit, underwear? - Your Honor!
Is the colonel's underwear a matter ofnational security?
Gentlemen! You better get somewhere fast with this, Lieutenant.
Yes, sir. Colonel?
I brought a change ofclothes and some personal items.
Thankyou.
After Dawson and Downey's arrest on the night ofthe sixth...
Santiago's barracks were sealed off and its contents inventoried.
'' Four pairs camouflage pants, three long-sleeve khaki shirts...
three pairs ofboots, four pairs green socks, three green T-shirts--''
Please the court, is there a question anywhere in our future?
Lieutenant Kaffee, I have to askyou to stateyour question.
I'm wondering why Santiago wasn't packed.
I'll tell you what. We'll get back to that one in a minute.
This is a record ofall phone calls made from your base in the past 24 hours.
After being subpoenaed to Washington, you made three calls.
Doyou recognize those number, sir?
I called Colonel Fitzhughes in Quantico, Virginia.
I wanted to let him know that I would be in town.
The second call was to arrange a meeting with Congressman Richmond...
ofthe House Armed Services Committee.
And the third call was to my sister Elizabeth.
Why did you make that call, sir?
I thought she might like to have dinner tonight.
- I'm gonna stop this. - These are phone records from Gitmo...
for September 6, and these are 1 4 letters...
that Santiago wrote in nine months...
requesting-- in fact, begging-- for a transfer.
Upon hearing the news that he was finally getting his transfer...
Santiago was so excited that doyou know how many people he called?
Zero. Nobody.
Not one call to his parents saying he was coming home.
Not one call to a friend, saying, ''Can you pick me up at the airport?''
He was asleep in his bed at midnight, and according toyou...
he was getting on a plane in six hours.
Yet everything he owned was hanging neatly in his closet...
and folded neatly in his footlocker.
You were leaving for one day. You packed a bag and made three calls.
Santiago was leaving for the rest ofhis life...
and he hadn't called a soul...
and he hadn't packed a thing.
Can you explain that?
The fact is, there was no transfer order.
Santiago wasn't going anywhere. Isn't that right, Colonel?
Objection. Your Honor, it's obvious that Lieutenant Kaffee's intention...
is the smear a high-ranking Marine officer...
in the hope that the mere appearance ofimproprietywill win him points.
It's my recommendation, sir, that Lieutenant Kaffee be reprimanded...
and the witness be excused with the court's deepest apologies.
Overruled. Your objection is noted.
Is this funny, sir?
No, it's not. It's tragic.
- Doyou have an answer? - Absolutely.
My answer is, I don't have the first damn clue.
Maybe he was an early riser and liked to pack in the morning.
And maybe he didn't have any friends.
I'm an educated man, but I'm afraid I can't speak intelligently...
about the travel habits ofWilliam Santiago.
What I do know is that he was set to leave the base at 0600.
Now, are these really the questions that I was called here to answer?
Phone calls and footlockers?
Please tell me thatyou have something more, Lieutenant.
These two Marines are on trial for their lives.
Please tell me that their lawyer hasn't pinned their hopes to a phone bill.
Doyou have any other questions for me, counselor?
Lieutenant, doyou have anything further for this witness?
Thanks, Danny. I love Washington.
Excuse me. I didn't dismiss you.
I beg your pardon?
I'm not through with my examination. Sit down.
- Colonel. - What's that?
I'd appreciate it ifyou'd address me as ''colonel'' or ''sir.''
I believe I've earned it.
Defense counsel will address the witness as ''colonel'' or ''sir.''
I don't know what the hell kind ofunityou're running here.
The witness will address this court as ''judge'' or ''your honor.''
I'm quite certain I've earned it. Takeyour seat, Colonel.
What doyou want to discuss now? My favorite color?
Colonel, the 6:00 a.m. flight was the first one offthe base?
Yes.
There wasn't a flight that left seven hours earlier...
and landed at Andrews Air Force Base at 2:00 a.m.?
Lieutenant, I think we've covered this, haven't we?
Your Honor, these are the tower chief´s logs...
for both Guantanamo Bay and Andrews Air Force Base.
The Guantanamo log lists no flight that left at 1 1 :00 p.m.
The Andrews log lists no flight that landed at 2:00 a.m.
I'd like to admit them as defense exhibits Alpha and Bravo.
I don't understand. You're admitting evidence ofa flight that never existed.
We believe it did, sir.
Defense will be calling Airmen Cecil O'Malley and Anthony Rodriguez.
Theywere working the ground crew at Andrews at 2:00 a.m. on the 7th.
- These men weren't on the list. - Rebuttal witnesses, Your Honor...
called specifically to refute testimony offered under direct examination.
- I'll allow the witnesses. - This is ridiculous.
- Colonel, a moment ago-- - Check the tower logs, for God's sake!
We'll get to the airmen injust a minute, sir.
A moment agoyou said that you ordered Lieutenant Kendrick...
to tell his men that Santiago wasn't to be touched.
That's right.
And Lieutenant Kendrickwas clear on whatyou wanted?
Crystal.
Any chance Lieutenant Kendrick ignored the order?
Ignored the order?
Any chance he forgot about it?
Any chance Lieutenant Kendrick leftyour office and said, ''The old man is wrong''?
When Lieutenant Kendrick spoke to the platoon...
and ordered them not to touch Santiago, any chance they ignored him?
You ever served in an infantry unit, son?
- No, sir. - Ever served in a forward area?
Ever putyour life in another man's hands?
Asked him to put his life in yours?
We follow orders, son.
We follow orders, or people die.
It's that simple. Are we clear?
Yes, sir.
Are we clear?
Crystal.
I havejust one more question before I call Airmen O'Malley and Rodriguez.
Ifyou gave an order that Santiago wasn't to be touched...
and your orders are always followed...
then whywould Santiago be in danger?
Whywould it be necessary to transfer him offthe base?
Santiago was a substandard Marine.
- He was being transferred-- - That's not whatyou said!
You said he was being transferred because he was in grave danger.
I said, ''Grave danger?'' You said, ''Is there any other kind?''
- I recall what I said. - I can have it read back toyou.
I know what I said! I don't have to have it read back to me.
Then why the two orders? Colonel?
Sometimes men take matters into their own hands.
You've made it clear thatyour men never take matters into their own hands.
Your men follow orders, or people die.
So Santiago should have been in danger, should he?
- You snotty little bastard. - I'd like to ask for a recess.
- I'd like an answer to the question. - The court will wait for an answer.
If Lieutenant Kendrick gave an order...
that Santiago wasn't to be touched...
then why did he have to be transferred?
Lieutenant Kendrick ordered the Code Red because that's whatyou told him to do!
- Object! - And then you cut these guys loose!
- I'll hold you in contempt. - You doctored the logbook!
- Damn it, Kaffee! - Consideryourselfin contempt.
ColonelJessup, did you order the Code Red?
- You don't have to answer that. - I'll answer the question.
- You want answers? - I think I'm entitled!
- You want answers? - I want the truth!
You can't handle the truth!
Son, we live in a world that has walls...
and those walls have to be guarded by men with guns.
Who's gonna do it? You? You, Lieutenant Weinberg?
I have a greater responsibility than you can possibly fathom.
You weep for Santiago, and you curse the Marines.
You have the luxury ofnot knowing what I know--
that Santiago's death, while tragic, probably saved lives.
And my existence, while grotesque and incomprehensible toyou, saves lives!
You don't want the truth because deep down you don't talk about...
you want me on that wall.
You need me on that wall!
We use words like honor, code, loyalty.
We use these words as the backbone ofa life spent defending something.
You use them as a punch line.
I have neither the time nor the inclination to explain myself...
to a man who rises and sleeps under the blanket ofthe freedom I provide...
and then questions the manner in which I provide it!
I would ratheryoujust said thankyou and went on yourway.
Otherwise, I suggestyou pick up a weapon and stand a post.
Eitherway, I don't give a damn whatyou thinkyou are entitled to!
Did you order the Code Red?
- I did thejob-- - Did you order the Code Red?
You're goddamned right I did!
Please the court, I suggest the members be dismissed...
so that we can move to an immediate Article 39-A session.
The witness has rights.
Captain Ross?
The members ofthe court will retire to an anteroom until further instructed.
All rise.
What the hell is this? Colonel, what's going on?
I did myjob. I'd do it again.
I'm gonna get on a plane and go on back to my base.
You're not going anywhere, Colonel. M.P.s, guard the colonel.
Yes, sir.
- Captain Ross. - What the hell is this?
ColonelJessup, you have the right to remain silent.
I'm being charged with a crime? Is that what this is?
- I'm being charged with a crime? - You have a right to consult a lawyer.
- This is funny. That's what this is. - This lawyer may be appointed byyou.
I'm gonna rip the eyes out ofyour head and piss in your dead skull!
You fucked with the wrong Marine!
ColonelJessup, doyou understand these rights as I havejust read them?
You fucking people.
You have no idea how to defend a nation.
All you did was weaken a country today, Kaffee.
That's all you did.
You put people's lives in danger. Sweet dreams, son.
Don't call me son.
I'm a lawyer and an officer in the United States Navy...
and you're under arrest, you son ofa bitch.
The witness is excused.
All rise.
Have the members reached a verdict?
We have, sir.
Lance Corporal Dawson and Private First Class Downey.
On the charge ofmurder, the members find the accused...
not guilty.
On the charge ofconspiracy to commit murder...
the members find the accused not guilty.
On the charge ofconduct unbecoming a United States Marine...
the members find the accused guilty as charged.
The accused are hereby sentenced to time already served...
and you are ordered to be dishonorably discharged from the Marine Corps.
This court-martial is adjourned.
All rise.
What does that mean?
What did that mean?
I don't understand. ColonelJessup said he ordered the Code Red.
- I know. - What did we do wrong?
- It's not that simple. - We did nothing wrong!
Yeah, we did.
We were supposed to fight for people who couldn't fight for themselves.
We were supposed to fight forWillie.
I have to take these men over to personnel for some paperwork.
You don't need to wear a patch on your arm to have honor.
There's an officer on deck.
Airmen Cecil O'Malley and Anthony Rodriguez--
What exactlywere these guys gonna testify to?
Unless I'm mistaken, theywere both gonna testify under oath...
that they had absolutely no recollection ofanything.
- Strong witnesses. - And handsome too, don'tyou think?
I'll seeyou around campus. I gotta go arrest Kendrick.
Tell him I say hi.
Will do.