1. Captain, I'd like to request that
it be me who's the attorney...
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2. That it be myself who's assigned...
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3. No, I'd like to request
that it be I who am assigned...
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4. "That it be I who am assigned"?
That's confidence-inspiring.
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5. Good grammar, there.
Captain, I'd like to request...
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6. Lieutenant Commander Galloway,
here to see Captain West.
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7. - Go right in, they're expecting you.
- Thank you.
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8. - Jo, come on in.
- Thank you, sir.
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9. Captain West,
this is Lt. Commander Galloway.
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10. - You know Commander Lawrence?
- Yes, sir.
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11. - I appreciate you seeing me.
- Would you like to sit down?
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12. - I'm fine, sir.
- Have a seat.
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13. - We've had some trouble in Cuba?
- Yes, sir. This past Friday.
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14. Two Marines, a Lance Corporal Dawson
and a Private Downey...
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15. entered the barracks room of a PFC
William Santiago and assaulted him.
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16. Santiago died at the base hospital
approximately an hour later.
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17. The NIS agent who took Dawson
and Downey's statements...
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18. maintains they were trying
to stop Santiago...
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19. from naming Dawson
in a fenceline shooting incident.
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20. - The hearing's in Cuba at 1600.
- What's the problem?
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21. Dawson and Downey are
recruiting-poster Marines.
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22. Santiago was known to be a screwup.
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23. I was thinking it sounded
like a Code Red.
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24. Christ!
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25. Sir, I'd like to have them moved up
to Washington and assigned counsel.
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26. Someone who can really look into this.
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27. Someone who possesses
not only the legal skill...
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28. but a familiarity with
the workings of the military.
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29. In short, I'd like to suggest that
I be the one who that...
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30. That it be me who is assigned
to represent them, myself.
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31. - Why don't you get a cup of coffee?
- Thank you, sir, I'm fine.
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32. Leave the room, so we can
talk about you behind your back.
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33. Certainly, sir.
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34. I thought this Code Red shit wasn't
going on anymore.
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35. With the Marines at Gitmo, who
knows what the hell goes on there?
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36. We'd better find out before
the rest of the world does.
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37. What about this
Commander Galloway?
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38. She's been working a desk at
Internal Affairs for a little over a year.
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39. - Before that?
- Disposed of three cases in two years.
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40. Three in two years?
Who's she handling, the Rosenbergs?
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41. - She's not a litigator.
- She's a hell of an investigator...
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42. In Internal Affairs, sure. She can
crawl up a lawyer's ass with the best.
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43. I know, I know, all passion,
no street smarts. Bring her back in.
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44. Jo.
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45. - We'll have the defendants moved here.
- Thank you, sir.
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46. And I'll have Division
assign them counsel.
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47. But, not me?
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48. From what I understand,
you're much too valuable...
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49. to be wasted on a five-minute
plea bargain and a week's paperwork.
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50. - Sir, there might be more involved.
- Don't worry about it.
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51. Division will assign the right man
for the job.
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52. All right, let's go, let's get two!
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53. Sorry.
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54. Nothing to be sorry about, Sherby.
Look the ball into your glove.
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55. - Shooting two.
- Sorry.
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56. Trust me. Keep your eyes open, your
chances of catching increase by 10.
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57. - Kaffee.
- Let's try it again.
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58. - Kaffee!
- Dave, you seem distraught.
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59. We were supposed to meet
15 minutes ago.
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60. You're stalling on the McDermott case.
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61. We either get it done now,
or I'll hang him from a fucking yardarm!
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62. Do we still hang people
from yardarms?
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63. I don't think so.
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64. Sherby doesn't think
we do that anymore.
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65. I'll charge him with possession
and being under the influence on duty.
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66. You plead guilty,
I'll recommend 30 days in the brig.
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67. - It was 10 dollars' worth of oregano.
- Your client thought it was marijuana.
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68. My client's a moron. That's not illegal.
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69. I got people to answer to.
I'm gonna charge him.
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70. With possession of a condiment?
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71. I tried to help, but if you ask for
jail time, I'll file a motion to dismiss.
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72. - You won't get it.
- I will get it.
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73. If not, I'll file a motion seeking to
obtain an evidentiary ruling in advance...
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74. then I'll file against
pre-trial confinement.
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75. You'll get three months' paperwork...
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76. because a signalman bought
and smoked a dime bag of oregano.
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77. Let's go! Let's get two!
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78. - Twenty days in the brig.
- Fifteen days' restricted duty.
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79. - I don't know why I'm agreeing.
- You have wisdom beyond your years.
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80. - Good morning.
- Good morning, captain.
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81. How's the baby, Sam?
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82. - She'll say her first word any day now.
- How can you tell?
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83. She just looks like
she has something to say.
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84. Excuse me, sorry I'm late.
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85. You don't have a good excuse,
so I won't force you to tell a bad one.
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86. - Thank you, sir.
- This first one's for you.
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87. You're moving up in the world.
You've been requested by Division.
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88. - Requested to do what?
- Guanténamo Bay, Cuba.
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89. A Marine Corporal named Dawson
illegally fires a round...
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90. from his weapon,
over the fenceline and into Cuba.
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91. - What's a fenceline?
- Sam.
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92. A big wall separating
the good guys from the bad guys.
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93. Teacher's pet.
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94. PFC Santiago threatens
to rat on Dawson...
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95. to the Naval Investigative Service.
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96. Dawson and another member
of his squad, PFC Louden Downey...
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97. go into Santiago's room,
tie him up...
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98. stuff a rag down his throat...
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99. and an hour later, he's dead.
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100. Attending physician says the rag
was treated with some kind of toxin.
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101. - They poisoned the rag'?
- Not according to them.
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102. - What do they say?
- Not much.
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103. They're being flown up tomorrow.
On Wednesday at 0600...
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104. you'll catch a transport down
to Cuba to find out what you can.
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105. Meantime, go and see
Lt. Commander JoAnne Galloway...
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106. with Internal Affairs.
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107. - Any questions?
- The flight to Cuba...
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108. was that 0600 in the morning, sir?
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109. It's important this one go by the book,
so I'm assigning co-counsel.
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110. Any volunteers?
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111. - No.
- Sam...
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112. - Sir, I got a stack of papers...
- Work with Kaffee on this.
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113. Doing what?
He'll have this done in four days.
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114. Doing various administrative things.
Backup. Whatever.
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115. In other words,
I have no responsibilities?
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116. Right.
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117. My kind of case.
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118. Right. Right. Okay, but I gotta have
that report by Wednesday.
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119. - Hi.
- Hold on. Hi.
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120. Daniel Kaffee. I was told to meet with...
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121. Lieutenant Commander Galloway.
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122. - About a briefing.
- I'll call you back.
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123. You're the attorney
Division assigned?
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124. I'm lead counsel,
this is Sam Weinberg.
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125. - I have no responsibilities whatsoever.
- Come in. Have a seat.
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126. - How long have you been in the Navy?
- Going on nine months now.
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127. And how long have you been
out of law school?
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128. Little over a year.
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129. - I see.
- Have I done something wrong?
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130. No. But when I asked for counsel,
I was hoping to be taken seriously.
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131. No offense taken,
in case you were wondering.
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132. Lieutenant Kaffee is considered
the best litigator in our office.
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133. He successfully plea-bargained
44 cases in nine months.
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134. - One more, I get a set of steak knives.
- Have you ever been in court?
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135. - I once had my license suspended...
- Danny.
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136. If this thing goes to court, they won't
need a lawyer, they'll need a priest.
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137. No, they'll need a lawyer.
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138. Dawson's family's been contacted.
Downey's closest relative is his aunt.
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139. She hasn't been contacted yet,
would you like me to do that?
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140. Sure, if you feel like it.
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141. One of the people you'll be seeing
is the barracks CO, Colonel Jessep.
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142. I assume you've heard of him.
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143. Who hasn't?
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144. He's been in the papers lately.
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145. He's expected to be
director of operations...
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146. of the National Security Council.
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147. - Really?
- Here are Santiago's letters from Gitmo.
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148. - That's Guanténamo Bay.
- I knew that one.
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149. He wrote the fleet commander,
HQ Atlantic...
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150. the Marine commandant,
even his senator.
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151. He wanted to be transferred.
No one was listening. Are you with me?
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152. Yeah.
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153. Finally he wrote the
Naval Investigative Service...
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154. where he offered to trade information
about Dawson's shooting for a transfer.
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155. Right. Is that all?
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156. This letter makes it look like your client
had a motive to kill Santiago.
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157. - Got you. And Santiago is who?
- The victim.
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158. Write that down.
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159. These letters don't paint a flattering
picture of Marine Corps life at Gitmo?
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160. - Yes, amon...
- And am I right...
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161. that a protracted investigation might
embarrass the Security Council guy?
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162. - Colonel Jessep...
- Twelve years.
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163. I'm sorry?
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164. I'll get them to drop "conspiracy" and
"conduct unbecoming." Twelve years.
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165. You haven't talked to a witness
or looked at a piece of paper.
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166. Pretty impressive, huh?
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167. You'll have to go deeper than that.
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168. Do you have some jurisdiction here
I should know about?
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169. My job is to make sure
that you do your job.
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170. I'm special counsel for Internal Affairs.
So my jurisdiction's in your face.
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171. Read the letters. I'll expect
a report when you return from Cuba.
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172. - Sure.
- You're dismissed!
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173. I always forget that part.
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174. He's a little preoccupied.
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175. Team's playing Bethesda Medical
next week.
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176. Tell your friend not to get cute.
Guantanamo Marines are fanatical.
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177. - About what?
- About being Marines.
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178. Dear sir, my name is
PFC William T. Santiago.
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179. I'm a Marine stationed
at Marine barracks...
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180. Rifle Security Company Windward,
2nd Platoon Bravo.
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181. I am writing to inform you
of my problems here in Cuba...
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182. and to ask for your help.
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183. I've fallen out of runs before,
because of dizziness or nausea.
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184. But on May 18th, I'd fallen back about
20 yards...
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185. going down a rocky, unstable hill.
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186. My sergeant grabbed me
and pushed me down the hill...
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187. then I saw all black and the last thing
I remember is hitting the deck.
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188. I was brought to the hospital.
They said it was heat exhaustion.
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189. I ask you to help me.
Please, I need a transfer out of RSC.
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190. Sincerely, PFC William T. Santiago,
U.S. Marine Corps.
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191. P.S. In exchange for my transfer,
I'm willing to provide you...
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192. "... with information about an illegal
fenceline shooting on August 2nd."
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193. Who the fuck is
PFC William T. Santiago?
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194. Private Santiago's a member
of 2nd Platoon Bravo, sir.
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195. Yeah. Apparently he's not very happy
down here at Shangri-la...
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196. because he's written everybody
but Santa Claus, asking for a transfer.
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197. Now he's telling tales about
a fenceline shooting. Matthew?
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198. - I'm appalled, sir.
- You're appalled.
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199. This kid broke the chain of command
and ratted on a member of his unit...
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200. to say nothing of the fact
that he's a U.S. Marine...
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201. and it would appear he can't run
from here to there without collapsing.
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202. What the fuck is going on
in Bravo company, Matthew?
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203. Colonel, I think it would be better
to discuss it in private.
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204. That won't be necessary.
I can handle this situation, sir.
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205. - Like you handled Curtis Bell?
- Sir, your methods...
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206. Don't interrupt me, lieutenant,
I'm your superior!
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207. And I'm yours, Matthew.
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208. I wanna know what
we're going to do about this.
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209. I think Santiago should be
transferred immediately.
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210. He's that bad?
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211. And word of this letter will get out,
and he'll get his ass whipped.
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212. Transfer Santiago? Yes.
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213. Sure, you're right.
I'm sure that's the thing to do.
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214. Wait. Wait, I've got a better idea.
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215. Let's transfer the whole squad
off the base. Let's...
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216. On second thought, Windward.
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217. Let's transfer the whole
Windward division off the base.
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218. Jon, go get those boys off the fence.
They're packing their bags.
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219. - Tom!
- Sir?
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220. Get me the president on the phone.
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221. We're surrendering our position
in Cuba.
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222. - Yes, sir.
- Wait a minute, Tom.
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223. Don't get the president yet. Maybe we
should consider this for a second.
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224. - Dismissed, Tom.
- Yes, sir.
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225. Maybe... And I'm just spit-balling here.
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226. Maybe we have a responsibility
as officers to train Santiago.
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227. Maybe we, as officers,
have a responsibility to this country...
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228. to see that the men and women
charged with its security...
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229. are trained professionals.
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230. Yes, I'm certain that I read that
somewhere once.
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231. And now I'm thinking,
Colonel Markinson...
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232. that your suggestion
of transferring Santiago...
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233. while expeditious
and certainly painless...
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234. might not be, in a manner
of speaking, the American way.
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235. Santiago stays where he is.
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236. We're gonna train the lad.
Jon, you're in charge.
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237. Santiago doesn't make 4.6, 4.6
on his next proficiency report...
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238. I'm going to blame you.
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239. - Then I'm going to kill you.
- Yes, sir.
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240. I think that's a mistake, colonel.
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241. Matthew, I think I will have
that word in private with you now.
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242. Jon, that's all. Why don't we meet
at the "O" Club and have lunch...
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243. and we'll talk about the training
of young William.
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244. I'd be delighted to hear
your suggestions.
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245. Dismissed.
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246. Matthew, sit down. Please.
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247. - What do you think of Kendrick?
- I don't think my opinion of Kendrick...
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248. I think he's pretty much
of a weasel myself.
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249. But he's an awfully good officer...
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250. and in the end, we see eye to eye
on the best way to run a Marine unit.
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251. We're in the business
of saving lives, Matthew.
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252. That is a responsibility
that we have to take pretty seriously.
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253. And I believe that taking a Marine
who is not up to the job...
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254. and shipping him off to another
assignment puts lives in danger.
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255. Sit down, Matthew.
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256. We go back a while.
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257. We went to the Academy together...
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258. were commissioned together,
did our tours in Vietnam together.
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259. But I've been promoted with
greater speed and success than you.
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260. Now, if that's a source of tension
or embarrassment for you...
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261. I don't give a shit.
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262. We're in the business of saving lives,
Lieutenant Colonel Markinson.
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263. Don't ever question my orders
in front of another officer.
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264. All the paperwork's in order.
Step over there.
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265. - Hal, is this Washington D.C.?
- All right, let's move.
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266. Yes, sir.
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267. Got all of that one.
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268. Excuse me. I wanted to talk to you
about Dawson and Downey.
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269. - Say again?
- Dawson and Downey.
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270. The names seem familiar, but...
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271. Dawson. Downey. Your clients?
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272. The Cuba thing! Yes!
Oh, Dawson and Downey. Right.
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273. I've done something wrong again,
haven%I?
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274. I was wondering why they're locked up
while their lawyer's out hitting a ball.
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275. - We need the practice.
- That wasn't funny.
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276. It was a little funny.
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277. Lieutenant, would you be very insulted
if I recommended different counsel?
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278. - Why?
- I don't think you're fit to handle it.
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279. You don't even know me. Ordinarily
it takes someone hours to find that out.
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280. Oh, come on. That was damn funny.
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281. You're wrong. I do know you.
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282. Daniel Alistair Kaffee,
born June 8th, 1964...
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283. at Boston Mercy Hospital.
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284. Your father's Lionel Kaffee,
former Attorney General of the U.S...
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285. died 1985.
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286. You went to Harvard Law,
then joined the Navy...
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287. probably because that's
what your father wanted.
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288. Now you're just treading water
for the three years in the JAG corps...
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289. just laying low till you can
get out and get a real job.
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290. If that's the situation,
that's fine, I won't tell anyone.
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291. But if this case is handled in the same
fast-food, slick-assed manner...
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292. with which you handle
everything else...
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293. then something's
gonna get missed.
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294. And I wouldn't be doing my job if I let
Dawson and Downey to sit in prison...
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295. because their attorney predetermined
the path of least resistance.
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296. I'm sexually aroused, commander.
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297. I don't think your clients
murdered anyone.
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298. - What are you basing this on?
- There was no intent.
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299. Doctor's report says Santiago died
of asphyxiation...
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300. from acute lactic acidosis...
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301. and the nature of the acidosis
strongly suggests poisoning.
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302. Now, I don't know what that means,
but it sounds bad.
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303. Santiago died at 1 a.m.
At 3, the doctor didn't know the reason.
Copy !req
304. Two hours later, he said it was poison.
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305. Oh, now I see what you're saying.
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306. It had to be Professor Plum,
in the library, with the candlestick.
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307. I'm gonna talk to your supervisor.
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308. Go straight up Pennsylvania Avenue.
It's the big white house with the pillars.
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309. - Thank you.
- I don't think you'll have much luck.
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310. I was assigned by Division.
Somebody thinks I'm a good lawyer.
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311. So, while I appreciate your interest and
enthusiasm, I think I can handle things.
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312. You know what a Code Red is?
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313. What a pity.
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314. - Morning, sir.
- Morning.
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315. Officer on deck, ten-hut!
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316. Lance Corporal Harold Dawson, sir!
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317. Rifle Security Company Windward!
Second Platoon Bravo!
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318. You haven't been working
and playing well with others.
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319. Sir! Yes, sir!
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320. Sir! PFC Louden Downey, sir!
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321. I'm Daniel Kaffee,
this is Sam Weinberg. Sit down.
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322. - Is this your signature?
- Yes, sir.
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323. Don't have to call me sir.
Is this yours?
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324. - Sir, yes, sir!
- Certainly don't need to say it twice.
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325. - What's a Code Red?
- It's a disciplinary engagement.
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326. What's that mean exactly?
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327. A Marine falls out of line,
it's up to his unit to get him on track.
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328. - What's a garden-variety Code Red?
- Sir?
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329. Harold, You say "sir" and I look for
my father. Danny, Daniel Kaffee.
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330. Garden-variety. Typical.
What's a basic Code Red?
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331. A Marine refuses to bathe,
the men give him a GI shower.
Copy !req
332. - What's that?
- Scrub brushes, steel wool.
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333. Beautiful.
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334. Was the attack on Santiago
a Code Red?
Copy !req
335. Yes, sir.
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336. Does he ever talk?
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337. Sir, PFC Downey will answer
any direct questions you ask him.
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338. Private Downey, the rag you put
in his mouth, was there poison on it?
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339. - No, sir.
- Silver polish, turpentine, antifreeze?
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340. No, sir. We were just
gonna shave his head.
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341. When, all of the sudden...
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342. We saw blood
dripping down his mouth.
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343. We pulled the tape off and there was
blood all down his face, sir.
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344. That's when Lance Corporal Dawson
called the ambulance.
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345. - Did anyone see you call it?
- No, sir.
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346. - Were you there when it arrived?
- Yes, that's when we were arrested.
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347. On August 2nd, did you fire a shot
across the fenceline, into Cuba?
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348. - Yes, sir.
- Why?
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349. - My mirror engaged, sir.
- His "mirror"?
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350. For every American sentry, there's
a Cuban counterpart. Called "mirrors."
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351. Lance corporal claims his mirror
was about to fire at him.
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352. Santiago's letter to the NIS
said you fired illegally.
Copy !req
353. He's saying the guy, the mirror,
he never made a move.
Copy !req
354. Oh, Harold?
You see what I'm getting at?
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355. If Santiago didn't have
anything on you...
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356. why did you give him
a Code Red?
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357. - He broke the chain of command, sir.
- He what?
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358. He went outside of his unit.
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359. If he had a problem, he should have
spoken to me, then his sergeant, then...
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360. All right, all right. Did you
assault Santiago with intent to kill?
Copy !req
361. - No, sir.
- What was your intent?
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362. - To train him, sir.
- Train him to do what?
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363. To think of his unit before himself.
To respect the code.
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364. - What's the code?
- Unit, Corps, God, country!
Copy !req
365. - I beg your pardon?
- Unit, Corps, God, country, sir.
Copy !req
366. The government of the United States
wants to charge you two with murder.
Copy !req
367. And you want me to tell the prosecutor,
"unit, Corps, God, country"?
Copy !req
368. That's our code, sir.
Copy !req
369. - That's your code.
- That's your code.
Copy !req
370. We'll be back.
Copy !req
371. You need anything? Books? Papers?
Cigarettes? Ham sandwich?
Copy !req
372. Sir! No, thank you, sir!
Copy !req
373. Harold, there's a concept
you'd better start warming up to.
Copy !req
374. - Sir?
- I'm the only friend you've got.
Copy !req
375. - Dan Kaffee.
- Smiling Jack Ross.
Copy !req
376. - Welcome to the big time.
- You think so?
Copy !req
377. Let's hope you practice law
better than you play softball.
Copy !req
378. Unfortunately, I don't do anything
better than I play softball.
Copy !req
379. I'm out of here, Jannelle!
See you when I get back from Cuba.
Copy !req
380. - Say hi to Castro for me.
- Will do. What're we looking at?
Copy !req
381. They plead guilty, we drop "conspiracy"
and "conduct unbecoming"...
Copy !req
382. 20 years, they're home in half.
Copy !req
383. - Twelve. They called the ambulance.
- I don't care. They killed a Marine.
Copy !req
384. The rag was tested for poison.
The autopsy says maybe, maybe not.
Copy !req
385. The Chief of Internal Medicine
at Guanténamo says he's sure.
Copy !req
386. - What do you know about Code Reds?
- Oh, man...
Copy !req
387. - Are we off the record?
- You tell me.
Copy !req
388. I'm gonna give you the 12 years.
Copy !req
389. But before you get into trouble
tomorrow, you should know...
Copy !req
390. the platoon commander, Kendrick,
held a meeting with the men...
Copy !req
391. and specifically told them
not to touch Santiago.
Copy !req
392. - We still playing hoops tomorrow?
- Do we have a deal?
Copy !req
393. I'll talk to you when I get back.
Copy !req
394. Hi there.
Copy !req
395. Any luck getting me replaced?
Copy !req
396. Is there anyone in this command
you don't drink or play softball with?
Copy !req
397. Listen, I came to make peace.
We got off on the wrong foot.
Copy !req
398. - What do you say, friends?
- Look, I don't...
Copy !req
399. I brought Downey some comic books
he was asking for.
Copy !req
400. The kid, I swear, doesn't even know
why he's been arrested.
Copy !req
401. - Commander...
- You can call me JoAnne. Or Jo.
Copy !req
402. - Jo?
- Yes.
Copy !req
403. Jo, if you speak to a client of mine
again without permission...
Copy !req
404. I'll have you disbarred. Friends?
Copy !req
405. - I had authorization.
- From where?
Copy !req
406. Downey's closest relative, Ginny Miller,
his aunt on his mother's side.
Copy !req
407. You got authorization from Aunt Ginny?
Copy !req
408. I gave her a call, like you asked.
Copy !req
409. Very nice woman.
We spoke for an hour.
Copy !req
410. You got authorization from Aunt Ginny.
Copy !req
411. Perfectly within my province.
Copy !req
412. Does Aunt Ginny have a barn?
We could hold the trial there.
Copy !req
413. I can sew the costumes,
Uncle Goober can be the judge.
Copy !req
414. I'm going to Cuba with you tomorrow.
Copy !req
415. And the hits just keep on coming.
Copy !req
416. - How's it going, Luther?
- Another day, another dollar.
Copy !req
417. - Gotta play them as they lay.
- What goes around comes around.
Copy !req
418. - Can't beat them, join them.
- At least I got my health.
Copy !req
419. Well, you got everything.
See you tomorrow, Luther.
Copy !req
420. Not if I see you first.
Copy !req
421. You're my witness. The baby spoke.
My daughter said a word.
Copy !req
422. She made a sound.
I'm not sure it was a word.
Copy !req
423. - Come on! It was definitely a word.
- Okay.
Copy !req
424. You heard her.
She pointed and said "Pa." She did.
Copy !req
425. - She was pointing at a mailbox.
- That's right.
Copy !req
426. Pointing as if to say,
"Pa! Look, a mailbox."
Copy !req
427. - Jack Ross offered me the 12 years.
- That's what you wanted, right?
Copy !req
428. I know, and I'll...
Copy !req
429. - I mean, I guess I'll take it.
- So...?
Copy !req
430. It took about 45 seconds.
He barely put up a fight.
Copy !req
431. Danny, take the 12 years, it's a gift.
Copy !req
432. You don't believe their story, do you?
Copy !req
433. You think they ought to go
to jail for life.
Copy !req
434. I believe every word of their story...
Copy !req
435. and I think they ought to
go to jail for life.
Copy !req
436. - See you tomorrow.
- Okay.
Copy !req
437. Don't forget to wear the whites.
Very hot.
Copy !req
438. I don't like the whites.
Copy !req
439. Nobody does, but we're going to Cuba.
You got Dramamine?
Copy !req
440. - Dramamine keeps you cool?
- No, it keeps you from getting airsick.
Copy !req
441. I get airsick because I'm afraid
of crashing. Dramamine won't help.
Copy !req
442. I got some oregano,
I hear that works pretty good.
Copy !req
443. Ross said the strangest thing to me
right before I left.
Copy !req
444. He said Lieutenant Kendrick...
Copy !req
445. had told the men specifically
not to touch Santiago.
Copy !req
446. - So?
- I don't even know who Kendrick is.
Copy !req
447. What the hell. I'll see you tomorrow.
Copy !req
448. I'm Corporal Barnes, I'm to escort you
to the Windward side of the base.
Copy !req
449. I got some camouflage jackets,
I suggest you both put them on.
Copy !req
450. Camouflage jackets?
Copy !req
451. Yes, sir. We'll be riding
pretty close to the fenceline.
Copy !req
452. If the Cubans see an officer in white,
they might take a shot.
Copy !req
453. Good call, Sam.
Copy !req
454. We'll just hop on the ferry.
We'll be there in no time.
Copy !req
455. - Hold it. We gotta take a boat'?
- Yes, sir, to get across the bay.
Copy !req
456. - No one said anything about a boat.
- Is there a problem, sir?
Copy !req
457. No, no problem,
I'm just not that crazy about boats.
Copy !req
458. Jesus Christ, Kaffee,
you're in the Navy, for crying out loud!
Copy !req
459. - Nobody likes her very much.
- Yes, sir.
Copy !req
460. - Nathan Jessep. Come on in.
- Thank you, sir.
Copy !req
461. Daniel Kaffee, I'm the attorney
for Dawson and Downey.
Copy !req
462. This is Lt. Commander
JoAnne Galloway.
Copy !req
463. Pleasure meeting you.
Copy !req
464. Observing and evaluating.
Lieutenant Weinberg, my assistant.
Copy !req
465. This is XO, Colonel Markinson,
and Platoon Leader Lt. Kendrick.
Copy !req
466. I've asked them to join us.
Sit down, please.
Copy !req
467. - Lieutenant Kaffee.
- Colonel Markinson.
Copy !req
468. I had the pleasure of meeting
your father once.
Copy !req
469. I was a teenager.
He spoke at my high school.
Copy !req
470. - Lionel Kaffee?
- Yes, sir.
Copy !req
471. Well, what do you know?
Copy !req
472. Jon, this man's dad once made a lot
of enemies in your neck of the woods.
Copy !req
473. Jefferson v.
Madison County School District.
Copy !req
474. Folks down there said a little black girl
couldn't go to an all-white school.
Copy !req
475. Lionel Kaffee said,
"We'll just see about that."
Copy !req
476. - How the hell is your dad, Danny?
- He passed away seven years ago.
Copy !req
477. - Don't I feel like the fucking asshole.
- Not at all, sir.
Copy !req
478. - What can we do for you, Danny?
- Not much, sir.
Copy !req
479. This is really a formality
more than anything else.
Copy !req
480. JAG Corps insist we interview
all the relevant witnesses.
Copy !req
481. The JAG Corps can be
demanding that way.
Copy !req
482. Jon'll show you what you want to see.
After that, we can meet for lunch.
Copy !req
483. - How does that sound?
- Fine, sir.
Copy !req
484. You met with the men that afternoon.
What did you guys talk about?
Copy !req
485. I told them we had
an informer among us...
Copy !req
486. and that, despite any desire
they had for retribution...
Copy !req
487. Private Santiago was not
to be harmed in any way.
Copy !req
488. - What time was that meeting?
- 1600.
Copy !req
489. That's 4:00.
Copy !req
490. We should make sure somebody
gets this to his parents.
Copy !req
491. - We don't need it anymore.
- Right.
Copy !req
492. - Lt. Kendrick, may I call you Jon?
- No, you may not.
Copy !req
493. - Have I done something to offend you?
- No, I like all you Navy boys.
Copy !req
494. Every time we gotta go fight,
you fellas always give us a ride.
Copy !req
495. Lieutenant Kendrick,
do you think Santiago was murdered?
Copy !req
496. I believe in God and Jesus Christ.
Because I do, I can say this:
Copy !req
497. Private Santiago is dead,
and that is a tragedy.
Copy !req
498. But he is dead because he had
no code...
Copy !req
499. and no honor.
And God was watching.
Copy !req
500. - How do you feel about that theory?
- Sounds good. Let's move on.
Copy !req
501. Are you planning on investigating,
or you just gonna take the guided tour?
Copy !req
502. I'm pacing myself.
Copy !req
503. They were running around for hours
looking for anything white to wave.
Copy !req
504. Some of these people surrendered
to a crew from CNN.
Copy !req
505. Walk softly and carry an armoured
tank division, I always say.
Copy !req
506. - That was delicious. Thank you.
- My pleasure, sir.
Copy !req
507. Colonel, I do have to ask you a
couple questions about September 6th.
Copy !req
508. Shoot
Copy !req
509. An NIS agent told you that Santiago
tipped him off to a fenceline shooting.
Copy !req
510. Santiago was gonna reveal who did it
in exchange for a transfer.
Copy !req
511. Yes.
Copy !req
512. If you feel there are any details
that I'm missing, feel free to speak up.
Copy !req
513. Thank you.
Copy !req
514. You called Lt. Colonel Markinson...
Copy !req
515. and Lt. Kendrick into your office.
Is that right?
Copy !req
516. - Yes.
- And what happened then?
Copy !req
517. We agreed that, for his own safety,
Santiago should be transferred.
Copy !req
518. Santiago was set to be transferred?
Copy !req
519. On the first flight to the States.
0600 the next morning.
Copy !req
520. Five hours too late, as it turned out.
Copy !req
521. Yeah. All right, that's all.
Thanks very much for your time.
Copy !req
522. The corporal's waiting outside
with a jeep. He'll take you back.
Copy !req
523. - Wait, I've got some questions.
- No, you don't.
Copy !req
524. - Yes, I do.
- No, you don't.
Copy !req
525. On the morning Santiago died,
did you meet with Dr. Stone?
Copy !req
526. - Of course. One of my men was dead.
- You see? The man was dead. Let's go.
Copy !req
527. - Have you heard the term Code Red?
- I've heard the term, yes.
Copy !req
528. This past February,
you received a memo...
Copy !req
529. from the Atlantic Fleet commander...
Copy !req
530. warning that enlisted men
disciplining their own...
Copy !req
531. wasn't to be condoned.
Copy !req
532. I submit to you that
whoever wrote that memo...
Copy !req
533. has never faced the working end
of a Cuban AK-47 assault rifle.
Copy !req
534. However, the directive,
having come from the commander...
Copy !req
535. I gave it its due attention.
Copy !req
536. What is your point, Jo?
Copy !req
537. She has no point, it's part of her charm.
We're out of here. Thank you.
Copy !req
538. My point is that I think
Code Reds still go on. Do they?
Copy !req
539. - He doesn't need to answer that.
- Yes, he does.
Copy !req
540. - No, he really doesn't.
- Yeah, he really does.
Copy !req
541. Colonel?
Copy !req
542. You know, it just hit me.
Copy !req
543. - She outranks you, Danny.
- Yes, sir.
Copy !req
544. I want to tell you something.
And listen up, because I mean this.
Copy !req
545. You're the luckiest man in the world.
Copy !req
546. There is nothing on this earth sexier...
Believe me, gentlemen.
Copy !req
547. Than a woman you have to salute
in the morning.
Copy !req
548. Promote them all, I say,
because this is true.
Copy !req
549. If you haven't gotten a blowjob
from a superior officer, well...
Copy !req
550. you're just letting the best in life
pass you by.
Copy !req
551. The practice of Code Reds is still
condoned on this base, isn't it?
Copy !req
552. My problem is I'm a colonel,
so I'll just have to take cold showers...
Copy !req
553. until they elect some gal president.
Copy !req
554. I need an answer to my question, sir.
Copy !req
555. Take caution in your tone, commander.
Copy !req
556. I'm a fair guy, but this fucking heat
is making me absolutely crazy.
Copy !req
557. You wanna ask me about Code Reds?
Copy !req
558. On the record,
I discourage the practice...
Copy !req
559. in accordance with the directive.
Copy !req
560. Off the record, I tell you it is
an invaluable part of infantry training.
Copy !req
561. If it goes on without my knowledge,
so be it. That's how I run my unit.
Copy !req
562. You want to investigate me,
roll the dice and take your chances.
Copy !req
563. I eat breakfast 300 yards from 4000
Cubans who are trained to kill me.
Copy !req
564. So don't think for one second that you
can come down here, flash a badge...
Copy !req
565. and make me nervous.
Copy !req
566. Let's go.
Copy !req
567. Colonel, I'll just need a copy
of Santiago's transfer order.
Copy !req
568. What's that?
Copy !req
569. Santiago's transfer order.
You guys have paperwork on it.
Copy !req
570. I just need it for the file.
Copy !req
571. - For the file?
- Yeah.
Copy !req
572. Of course you can have a copy
of the transfer order for the file.
Copy !req
573. - I'm here to help in any way I can.
- Thank you.
Copy !req
574. You believe that, don't you, Danny?
Copy !req
575. That I'm here to help you
any way I can?
Copy !req
576. Of course.
Copy !req
577. The corporal will take you by Personnel
on your way to the flight line...
Copy !req
578. and you can have all
the transfer orders that you want.
Copy !req
579. But you have to ask me nicely.
Copy !req
580. - I beg your pardon?
- You have to ask me nicely.
Copy !req
581. See, I can deal with the bullets,
the bombs and the blood.
Copy !req
582. I don't want money
and I don't want medals.
Copy !req
583. What I do want
is for you to stand there...
Copy !req
584. in that faggoty white uniform...
Copy !req
585. and with your Harvard mouth,
extend me some fucking courtesy.
Copy !req
586. You got to ask me nicely.
Copy !req
587. Colonel Jessep,
if it's not too much trouble...
Copy !req
588. I'd like a copy of the transfer order.
Sir.
Copy !req
589. No problem.
Copy !req
590. - Who is it?
- It's me.
Copy !req
591. Jo.
Copy !req
592. I've really missed you.
Copy !req
593. I was just saying,
it's been three hours...
Copy !req
594. - Markinson's disappeared.
- What?
Copy !req
595. Colonel Markinson's gone U.A.
Unauthorized Absence.
Copy !req
596. - I know what it means. When?
- This afternoon, after we left.
Copy !req
597. - I'll try to find him in the morning.
- I've already tried.
Copy !req
598. You tried?
Copy !req
599. You're coming close to interfering
with a government investigation.
Copy !req
600. I'm Louden Downey's attorney.
Aunt Ginny feels like she knows me.
Copy !req
601. So I suggested that I get more
directly involved with the case.
Copy !req
602. She had Louden sign the papers
about an hour ago.
Copy !req
603. I suppose it's too much to hope that
you're making this up just to bother me.
Copy !req
604. - Don't worry, you're still lead counsel.
- Splendid.
Copy !req
605. I think Kendrick ordered the Code Red,
and so do you.
Copy !req
606. Let's go.
Copy !req
607. Officer on deck, ten-hut!
Copy !req
608. - Did Kendrick order the Code Red?
- Sir?
Copy !req
609. Don't say "sir" like I just asked you
if you cleaned the latrine.
Copy !req
610. Did Lieutenant Kendrick order you
to give Santiago a Code Red?
Copy !req
611. Yes, sir.
Copy !req
612. - Did he?
- Yes, sir.
Copy !req
613. - Why didn't you mention this before?
- You didn't ask us, sir.
Copy !req
614. Corporal, I get paid no matter
how much time you spend in jail.
Copy !req
615. Yes, sir. I know you do, sir.
Copy !req
616. - Fuck you, Harold!
- All right.
Copy !req
617. - At ease. Let's sort this thing out.
- Shit.
Copy !req
618. There was a platoon meeting
on September 6th at 4 p.m.
Copy !req
619. Lieutenant Kendrick says he told you
nothing was to happen to Santiago.
Copy !req
620. Now, is this true?
I want you to speak freely.
Copy !req
621. Ma'am, that's correct.
But then he dismissed the platoon.
Copy !req
622. - And what happened then?
- Lt. Kendrick came to our room.
Copy !req
623. When?
Copy !req
624. About five minutes after the
meeting broke. About 1620.
Copy !req
625. And what happened then?
Copy !req
626. Lt. Kendrick ordered us
to give Santiago a Code Red.
Copy !req
627. Jack! Jack!
They were given an order.
Copy !req
628. - Jack, come on.
- I'll be right back. Be right back.
Copy !req
629. How long did you know
about the order?
Copy !req
630. I didn't. Who's this?
Copy !req
631. It's Jo Galloway, Downey's lawyer.
She's very pleased to meet you.
Copy !req
632. - What are you accusing me of?
- How long have you known?
Copy !req
633. He didn't know. If he did and didn't tell
us, he'd be violating the code of ethics.
Copy !req
634. He's got enough to worry about.
God forbid our clients plead not guilty...
Copy !req
635. and testify for the record
they were ordered.
Copy !req
636. Kendrick told those men
not to touch Santiago.
Copy !req
637. Then he told Dawson and Downey to
give him a Code Red. Kendrick's lying.
Copy !req
638. - You have proof?
- I have the defendants.
Copy !req
639. And I have 23 Marines and a lieutenant
with four letters of commendation.
Copy !req
640. - Why did Markinson go U.A.?
- We'll never know.
Copy !req
641. - I can't subpoena Markinson?
- You won't find him.
Copy !req
642. You know what Markinson did
for 17 years? Counterintelligence.
Copy !req
643. Markinson's gone.
There is no Markinson.
Copy !req
644. Look, Danny,
Jessep's star is on the rise.
Copy !req
645. Division will give me room to spare him
and the Corps any embarrassment.
Copy !req
646. How much room?
Copy !req
647. I'll knock it down to involuntary
manslaughter. Two years.
Copy !req
648. No, we're going to court.
Copy !req
649. - No, you're not.
- Why not?
Copy !req
650. Because you'll lose,
and Danny knows it.
Copy !req
651. And he knows if we go to court,
I'll have to go all the way.
Copy !req
652. They'll be charged
with the whole truckload.
Copy !req
653. Murder, conspiracy,
conduct unbecoming.
Copy !req
654. Danny's got me by the balls here,
but not in the courtroom.
Copy !req
655. Danny's an awfully talented lawyer.
Copy !req
656. He won't see his clients go jail for life
if they could be home in six months.
Copy !req
657. That's the end of this negotiation.
I'll see you at the arraignment.
Copy !req
658. All right, here's the story.
Copy !req
659. The government's offering
involuntary manslaughter. Two years.
Copy !req
660. You'll be home in six months.
Copy !req
661. "Wow! You're the greatest lawyer in
the world! How can we thank you?"
Copy !req
662. Fellas, you hear what I just said?
You'll be home in six months.
Copy !req
663. I'm afraid we can't do that, sir.
Copy !req
664. Do what?
Copy !req
665. - Make a deal, sir.
- What are you talking about?
Copy !req
666. We did nothing wrong. We did our job.
Copy !req
667. If that has consequences,
I'll accept them.
Copy !req
668. But I won't say that I'm guilty, sir.
Copy !req
669. - Did she put you up to this?
- No.
Copy !req
670. We have a code, sir.
Copy !req
671. You and your code plead not guilty.
You'll be in jail for life.
Copy !req
672. Do what I say,
and you'll be home in six months.
Copy !req
673. Do it, Harold. Six months, it's nothing.
It's a hockey season.
Copy !req
674. - Permission to...
- Speak! Jesus!
Copy !req
675. - What do we do then, sir?
- When?
Copy !req
676. After six months we'll be
dishonorably discharged, right, sir?
Copy !req
677. - Probably.
- What do we do then, sir?
Copy !req
678. We joined the Marines because
we wanted to live by a certain code.
Copy !req
679. You're asking us to say we have no
honor, that we're not Marines!
Copy !req
680. If a court decides what we did
was wrong, I'll accept my punishment.
Copy !req
681. But I believe I was right. I did my job.
I will not dishonor myself, my unit...
Copy !req
682. or the Corps,
so that I can go home in six months!
Copy !req
683. Sir!
Copy !req
684. I'd like to talk to
Lance Corporal Dawson...
Copy !req
685. alone for a minute, please.
Copy !req
686. Sergeant!
Copy !req
687. - We'd like to go to another room.
- Sit down.
Copy !req
688. You don't like me very much,
do you?
Copy !req
689. Forget it, don't answer that.
It doesn't matter.
Copy !req
690. You know, Downey worships you.
Copy !req
691. He's gonna do whatever you do.
Copy !req
692. Are you really gonna let this happen
to him because of a code, Harold?
Copy !req
693. - Do you think we were right?
- Doesn't matter...
Copy !req
694. Do you think we were right?
Copy !req
695. I think you'd lose.
Copy !req
696. You're such a coward.
Copy !req
697. I can't believe they let you
wear a uniform.
Copy !req
698. I'm not gonna feel responsible for this.
I did all I could.
Copy !req
699. You're going to Leavenworth
for the better part of your life...
Copy !req
700. and I don't give a shit.
Copy !req
701. What happened to saluting
an officer when he leaves the room?
Copy !req
702. Open it up.
Copy !req
703. I don't believe it!
He's gonna go to jail to spite me!
Copy !req
704. If he wants to jump off a cliff,
that's his business.
Copy !req
705. I'm not gonna hold his hand.
Copy !req
706. - How do I get him a new lawyer?
- Make a motion at the arraignment.
Copy !req
707. Just tell the judge
you want new counsel assigned.
Copy !req
708. That's that.
Copy !req
709. One thing, though.
When you ask the judge...
Copy !req
710. be sure and ask nicely.
Copy !req
711. - What do you want from me?
- I want you to make an argument.
Copy !req
712. That didn't help Calley at My Lai,
or the Nazis at Nuremburg.
Copy !req
713. For chrissakes, Sam.
Do you think that's the same...
Copy !req
714. as two teenagers executing an
order they didn't think would harm?
Copy !req
715. These guys aren't Nazis.
Copy !req
716. Don't look now,
but you're making an argument.
Copy !req
717. Yeah, yeah. Tomorrow morning,
I get them a new attorney.
Copy !req
718. Why are you so afraid to be a lawyer?
You Daddy's expectations that high?
Copy !req
719. Please, spare me
the psychobabble father bullshit!
Copy !req
720. They'll have their day in court,
but with another lawyer.
Copy !req
721. Another lawyer won't be good enough.
They need you. You know how to win.
Copy !req
722. You know they have a case. You walk
away from this, you seal their fate.
Copy !req
723. Their fate was sealed
the moment Santiago died.
Copy !req
724. Do you believe they have a case?
Copy !req
725. You and Dawson, you both
live in the same dream world.
Copy !req
726. It doesn't matter what I believe,
it only matters what I can prove.
Copy !req
727. So don't tell me what I know
and don't know. I know the law!
Copy !req
728. You know nothing about the law.
You're a used-oar salesman.
Copy !req
729. An ambulance-chaser with a rank.
You're nothing. Live with that.
Copy !req
730. So I told Duncan:
Copy !req
731. "if you wanna take this to court, you'll
force me to file discovery motions...
Copy !req
732. and you're gonna spend a year
going blind on paperwork...
Copy !req
733. because a 90-year-old man
misread the Delaware insurance code."
Copy !req
734. - So, what happened?
- Fifteen minutes later, he makes a deal.
Copy !req
735. All rise.
Copy !req
736. - Where are we?
- Docket number 411275 VR-5.
Copy !req
737. The United States v.
Lance Corporal Harold Dawson...
Copy !req
738. and Private First Class
Louden Downey.
Copy !req
739. The accused are charged with murder,
conspiracy to commit murder...
Copy !req
740. and conduct unbecoming
a United States Marine.
Copy !req
741. Does the defense
wish to enter a plea?
Copy !req
742. Yeah.
Copy !req
743. They're not guilty.
Copy !req
744. Enter a plea of "not guilty"
for the accused.
Copy !req
745. We will adjourn until 1000, three weeks
from today, when we will reconvene.
Copy !req
746. Why does a lieutenant
with nine months' experience...
Copy !req
747. and a record for plea-bargaining
get assigned a murder case?
Copy !req
748. Would it be so that it never sees
the inside of a courtroom?
Copy !req
749. We'll work out of my apartment.
Jo, bring legal pads and pens.
Copy !req
750. Sam, get a couple desk lamps.
I need you to start a medical profile.
Copy !req
751. Jo, get Dawson's, Downey's
and Santiago's conduct reports.
Copy !req
752. I've only got Yoo-hoo and Cocoa Puffs,
so if you want anything else, bring it.
Copy !req
753. - Okay?
- Yeah.
Copy !req
754. So this is what a courtroom looks like.
Copy !req
755. - You speak to your friend at the NIS?
- Yeah.
Copy !req
756. She said if Markinson doesn't
want to be found, we won't find him.
Copy !req
757. She said I could be Markinson,
and you wouldn't know it.
Copy !req
758. - Are you Markinson?
- No.
Copy !req
759. I'm not Markinson.
That's two down.
Copy !req
760. What?
Copy !req
761. I'm just wondering,
now that JoAnne's on this...
Copy !req
762. I'm just wondering if you still need me.
Copy !req
763. - They were following orders, Sam.
- An illegal order.
Copy !req
764. You think Dawson and Downey
knew it was illegal?
Copy !req
765. It doesn't matter.
Any decent human would have...
Copy !req
766. They're not permitted
to question orders.
Copy !req
767. Then what's the secret?
I give orders every day, nobody obeys!
Copy !req
768. We have softball and marching bands.
Copy !req
769. They work at a place where you have to
wear camouflage or you might get shot.
Copy !req
770. I need you.
You're better at research than I am.
Copy !req
771. And you know
how to prepare a witness.
Copy !req
772. I've got medical reports
and Chinese food. I say we eat first.
Copy !req
773. What?
Copy !req
774. Did you get any kung pao chicken?
Copy !req
775. This is our defense. Intent.
No one can prove there was poison.
Copy !req
776. Code Red. They're common
and accepted in Guanténamo Bay.
Copy !req
777. The order. A, Kendrick gave it,
B, they had no choice but to follow.
Copy !req
778. - What about motive?
- We're weak. They had one.
Copy !req
779. That doesn't make them guilty.
Copy !req
780. Relax. We'll deal with that later.
For now, we start with intent.
Copy !req
781. We must show that Santiago could've
died from something other than poison.
Copy !req
782. Jo, find out all about
lactic acidosis.
Copy !req
783. This is Lt. Commander Galloway
with the JAG Corps.
Copy !req
784. I've been trying to track down
a Lt. Colonel Matthew Markinson...
Copy !req
785. Doctor, was there any sign
of external damage?
Copy !req
786. No scrapes? No cuts?
Copy !req
787. Bruises? Broken bones?
Was there any sign of violence?
Copy !req
788. - Other than the dead body?
- Shit. I walk into that every time.
Copy !req
789. He ordered me and Dawson
to give Willy a Code Red.
Copy !req
790. Answers still have to come faster.
Copy !req
791. This farm boy thing
will play for a while...
Copy !req
792. but in the end, it sounds like
he's searching for it.
Copy !req
793. Right. And Willy is Private Santiago.
Willy is someone with a mother.
Copy !req
794. They drew court members.
Seven men, two women.
Copy !req
795. All experienced officers.
Copy !req
796. The women have no children.
That's a bad break.
Copy !req
797. My father said a jury trial
is about assigning blame.
Copy !req
798. Santiago's dead and he shouldn't be.
They want to know who's to blame.
Copy !req
799. Ross hands them our clients,
we hand them Kendrick.
Copy !req
800. This won't be won by the law,
but by the lawyers. So, poker faces.
Copy !req
801. Don't flinch. If something goes wrong,
don't hang your head or scribble.
Copy !req
802. Whatever happens, you have to
look like you expected it.
Copy !req
803. - You pass me documents...
- "Swiftly, and don't look overanxious."
Copy !req
804. Don't wear that perfume in court,
wrecks my concentration.
Copy !req
805. - Really?
- I was talking to Sam.
Copy !req
806. - What time is it?
- It's time to go home. Try to sleep.
Copy !req
807. - Give me a ride?
- Sure.
Copy !req
808. - You're a good man, Charlie Brown.
- I'll see you in court, counselor.
Copy !req
809. - Danny, L-
- I know. We've had our differences.
Copy !req
810. We both said things we didn't mean.
But you're happy I stuck with the case.
Copy !req
811. If you've gained some respect for me,
well, of course I'm happy about that.
Copy !req
812. But it's no big deal.
You like me, I won't make you say it.
Copy !req
813. I was just gonna tell you
to wear matching socks tomorrow.
Copy !req
814. Okay. Good tip.
Copy !req
815. - We're ready.
- You'd better believe it.
Copy !req
816. We're gonna get creamed.
Copy !req
817. Lieutenant Kaffee.
Copy !req
818. You are gonna save our son,
aren't you?
Copy !req
819. I'll do my best.
Copy !req
820. Danny, I'd like you to meet
Ginny Miller, Louden's aunt.
Copy !req
821. You're Aunt Ginny?
Copy !req
822. - I was expecting someone older.
- So was I.
Copy !req
823. - Last chance. I'll flip you for it.
- All rise.
Copy !req
824. Too late.
Copy !req
825. All those having business with this
court-martial, stand forward.
Copy !req
826. Colonel Julius Alexander Randolph
is presiding.
Copy !req
827. Is the government prepared
to make an opening statement?
Copy !req
828. The facts of the case are these:
Copy !req
829. On September 6th, the accused
entered PFC Santiago's room.
Copy !req
830. They woke him up,
tied his arms and legs...
Copy !req
831. and forced a rag into his throat.
Copy !req
832. Minutes later, a reaction called lactic
acidosis caused his lungs to bleed.
Copy !req
833. He drowned in his own blood, and
was dead at 37 minutes past midnight.
Copy !req
834. These are the facts of the case,
and they are undisputed.
Copy !req
835. That's right. What I've just told you
is exactly what you will hear...
Copy !req
836. from Lance Corporal Dawson
and Private Downey.
Copy !req
837. Furthermore, we will also show that
the accused soaked the rag in poison...
Copy !req
838. and entered Santiago's room
with motive and intent to kill.
Copy !req
839. Lieutenant Kaffee is gonna try
and pull off a little magic act here.
Copy !req
840. He'll try a little misdirection.
Copy !req
841. He'll astonish you
with stories of rituals.
Copy !req
842. Dazzle you with official-sounding
terms like "Code Red."
Copy !req
843. He might even try to cut
into a few officers for you.
Copy !req
844. He'll have no evidence, none,
but it'll be entertaining.
Copy !req
845. But in the end...
Copy !req
846. all the magic in the world will not
divert your attention from the fact...
Copy !req
847. that Willy Santiago is dead,
and Dawson and Downey killed him.
Copy !req
848. These are the facts of the case,
and they are undisputed.
Copy !req
849. Lieutenant Kaffee.
Copy !req
850. There was no poison on the rag
and there was no intent to kill...
Copy !req
851. and any attempt to prove otherwise
is futile, because it just ain't true.
Copy !req
852. Dawson and Downey didn't go
into Santiago's room...
Copy !req
853. because of vengeance.
Copy !req
854. It wasn't to kill or harm.
And they weren't looking for kicks.
Copy !req
855. It's because it was what
they were ordered to do.
Copy !req
856. Let me say that again.
It's because they were ordered to do it.
Copy !req
857. Out in the real world,
that means nothing.
Copy !req
858. And here in the Washington
Navy Yard...
Copy !req
859. doesn't mean a whole lot more.
Copy !req
860. But if you're a Marine...
Copy !req
861. assigned to Rifle Security Company
Windward, Guantanamo Bay, Cuba...
Copy !req
862. you follow orders,
or you pack your bags.
Copy !req
863. Make no mistake about it.
Dawson and Downey are sitting here...
Copy !req
864. because they did their job.
Copy !req
865. Is the government ready to
call its first witness?
Copy !req
866. Please the court,
government calls Mr. R.C. McGuire.
Copy !req
867. Raise your right hand, please.
Copy !req
868. Do you swear to tell the truth, the whole
truth, and nothing but the truth?
Copy !req
869. - I do.
- Have a seat, please.
Copy !req
870. Would you state
your full name and occupation?
Copy !req
871. Robert C. McGuire, special agent,
Naval Investigative Service.
Copy !req
872. Did you receive a letter from PFC
Santiago on 3 September of this year?
Copy !req
873. - We did.
- What did it say?
Copy !req
874. That a member of Santiago's unit
had illegally fired across the fenceline.
Copy !req
875. Was that Marine identified in the letter?
Copy !req
876. No. I told Colonel Jessep that I
would be coming down to investigate.
Copy !req
877. And what did you find?
Copy !req
878. The shift reported only one sentry
returned his weapon...
Copy !req
879. with ammo missing.
Copy !req
880. - Who was that?
- Lance Corporal Harold Dawson.
Copy !req
881. Your Witness.
Copy !req
882. Mr. McGuire, have you questioned
Dawson about the shooting?
Copy !req
883. Yes, he claims to have been engaged
in some manner by the enemy.
Copy !req
884. - But you don't believe him?
- It's not my place...
Copy !req
885. Why wasn't Dawson charged with
firing at the enemy without cause?
Copy !req
886. There wasn't enough evidence
to support such a charge.
Copy !req
887. Thank you.
Copy !req
888. Why was there not enough evidence?
You had William Santiago's letter.
Copy !req
889. Santiago was the only eyewitness.
I had no chance to interview him.
Copy !req
890. And now we'll never know,
will we, Mr. McGuire?
Copy !req
891. No.
Copy !req
892. - No more questions.
- The witness is excused.
Copy !req
893. Corporal Carl Hammaker,
Marine barracks...
Copy !req
894. Rifle Security Company Windward,
2nd Platoon Bravo.
Copy !req
895. Were you present at a meeting...
Copy !req
896. held by Lieutenant Kendrick
on September 6th?
Copy !req
897. - Yes, sir.
- What was the substance of it?
Copy !req
898. Lieutenant Kendrick told us
we had an informer in our group.
Copy !req
899. That Santiago had reported to
the NIS on a member of our platoon.
Copy !req
900. Did that make you mad?
Copy !req
901. - You can tell the truth. Did it?
- Yes, sir.
Copy !req
902. How mad?
Copy !req
903. Santiago betrayed a code
we believe in.
Copy !req
904. - Were other men also angry?
- Object. Speculation.
Copy !req
905. Were Dawson and Downey?
Copy !req
906. Is the counsel asking this witness
to testify...
Copy !req
907. as to how my clients felt
on Sept. 6th?
Copy !req
908. Sustained.
Copy !req
909. Did Lieutenant Kendrick leave
a standing order at that meeting?
Copy !req
910. - Yes, sir.
- What was it?
Copy !req
911. It was clear he didn't want us
taking matters into our own hands.
Copy !req
912. - What was the order?
- Santiago wasn't to be touched.
Copy !req
913. Your witness.
Copy !req
914. Were you in Dawson and Downey's
room five minutes later?
Copy !req
915. No, sir.
Copy !req
916. - Thanks. No more questions.
- The witness is excused.
Copy !req
917. Government calls
Corporal Raymond Thomas.
Copy !req
918. Captain Ross is planning to call all
the members of the platoon to testify.
Copy !req
919. In light of the defense
Kaffee is planning...
Copy !req
920. the platoon leader's instructions
seems relevant testimony.
Copy !req
921. The defense concedes that all 22
will confirm Hammaker's account...
Copy !req
922. if the government concedes
none of them...
Copy !req
923. were in Dawson and Downey's room
at 1620.
Copy !req
924. - Captain?
- The government will stipulate.
Copy !req
925. Then we will adjourn. You can
call your next witness tomorrow.
Copy !req
926. All rise.
Copy !req
927. - Let's go over the doctor again.
- It's the right approach.
Copy !req
928. We've been over this already.
Copy !req
929. At 3:00, Stone says he doesn't know
what killed Santiago.
Copy !req
930. Then he meets with Jessep, and at
5:00 he says it was poison? He's lying.
Copy !req
931. That's a relief.
Copy !req
932. I was afraid I couldn't use
the "liar, liar, pants on fire" defense.
Copy !req
933. We can't prove coercion.
Let's go over what we have.
Copy !req
934. Private Santiago was
admitted to the ER at 0012...
Copy !req
935. and he was pronounced dead
at 0037.
Copy !req
936. Dr. Stone, what is lactic acidosis?
Copy !req
937. If the muscles and other cells
burn sugar instead of oxygen...
Copy !req
938. lactic acid is produced.
Copy !req
939. That lactic acid is what caused
Santiago's lungs to bleed.
Copy !req
940. How long does it take before
the muscles start burning sugar?
Copy !req
941. - Twenty to 30 minutes.
- What made it faster with Santiago?
Copy !req
942. - An ingested poison of some kind.
- Object. The witness is speculating.
Copy !req
943. He is an expert medical witness.
Copy !req
944. In this court,
his opinion is not speculation.
Copy !req
945. He is not a criminologist.
The medical facts are inconclusive.
Copy !req
946. A point I'm confident you'll illustrate
on your cross-examination.
Copy !req
947. So I'm sure you won't mind
if his opinion is admitted now?
Copy !req
948. Not at all, sir.
Copy !req
949. - Did Willy Santiago die of poisoning?
- Absolutely.
Copy !req
950. You're aware that the lab and coroner's
reports show no traces of poison?
Copy !req
951. - Yes, I am.
- Then how do you justify...?
Copy !req
952. There are literally dozens of toxins
which are virtually undetectable.
Copy !req
953. The nature of the acidosis
is the compelling factor here.
Copy !req
954. Thank you, sir.
Copy !req
955. Commander, is it possible for a person
to have an affliction, some condition...
Copy !req
956. which might also speed up acidosis?
Copy !req
957. - Is it possible?
- It's possible.
Copy !req
958. What might
some of those conditions be?
Copy !req
959. If a person had a coronary
or cerebral disorder...
Copy !req
960. the process would be more rapid.
Copy !req
961. If I had a coronary condition...
Copy !req
962. and a perfectly clean rag was placed
in my mouth and pushed too far...
Copy !req
963. is it possible my cells would continue
burning sugar...
Copy !req
964. after the rag was taken out?
Copy !req
965. It would have to be
a very serious condition.
Copy !req
966. Is it possible to have
a serious condition...
Copy !req
967. where initial symptoms
were so mild...
Copy !req
968. as to escape a physician
during a routine medical exam?
Copy !req
969. Possibly.
There would still be symptoms.
Copy !req
970. What kind of symptoms?
Copy !req
971. - There are hundreds of...
- Chest pains?
Copy !req
972. - Yes. Yes.
- Shortness of breath? Fatigue?
Copy !req
973. Of course.
Copy !req
974. - Doctor, is this your signature?
- Yes, it is.
Copy !req
975. This is an order for Private Santiago
to be put on restricted duty.
Copy !req
976. Would you read your handwritten
remarks at the bottom of the page?
Copy !req
977. "Patient complains of chest pains,
shortness of breath, and fatigue.
Copy !req
978. Restricted from running distances
over five miles for one week."
Copy !req
979. Isn't it possible Santiago had
a serious coronary condition...
Copy !req
980. and it was that condition,
not poison...
Copy !req
981. that caused
the rapid chemical reaction?
Copy !req
982. - No.
- It's not possible?
Copy !req
983. No. I personally give each man
a thorough physical examination.
Copy !req
984. Private Santiago was given
a clean bill of health.
Copy !req
985. That's why it had to be poison, right?
Copy !req
986. Because if you gave a man
with a serious condition...
Copy !req
987. a clean bill of health and he died
from a heart-related incident...
Copy !req
988. you'd have a lot to answer for.
Copy !req
989. - Object! Move to strike!
- Sustained.
Copy !req
990. I have no more questions, Your Honor.
Copy !req
991. You've held a license
to practice medicine for 17 years.
Copy !req
992. You're certified in internal medicine,
you're chief of internal medicine...
Copy !req
993. at a hospital which has served
5426 people.
Copy !req
994. In your professional opinion,
was Willy Santiago poisoned?
Copy !req
995. We ask that the doctor's testimony
be stricken from the record.
Copy !req
996. - The court should disregard it.
- The objection's overruled.
Copy !req
997. We strenuously object,
and requests an 802 conference...
Copy !req
998. so His Honor can hear discussion
before ruling on this objection.
Copy !req
999. - The objection has been overruled.
- Move to reconsider.
Copy !req
1000. Noted. The witness is an expert,
and the court will hear his opinion!
Copy !req
1001. In your expert professional opinion,
was Willy Santiago poisoned?
Copy !req
1002. - Yes.
- Thank you, sir. No more questions.
Copy !req
1003. You may step down.
Copy !req
1004. While we reserve the right to call
rebuttal witnesses, government rests.
Copy !req
1005. We'll recess until Monday the 19th...
Copy !req
1006. when the defense
will call its first witness.
Copy !req
1007. All rise.
Copy !req
1008. "I strenuously object"?
Is that how it works?
Copy !req
1009. "Objection."Overruled!"
"No, I strenuously object!"
Copy !req
1010. - "Oh, then I'll reconsider!"
- I got it on the record.
Copy !req
1011. You got the court thinking
we're afraid of the doctor.
Copy !req
1012. You object once, so we can say
he's not a criminologist.
Copy !req
1013. You keep after it, our cross looks like
a bunch of fancy lawyer tricks.
Copy !req
1014. It's the difference between
paper law and trial law!
Copy !req
1015. - The judge called him an expert!
- Sam, she made a mistake.
Copy !req
1016. Let's not relive it.
Copy !req
1017. I'm gonna go call my wife.
I'll see you tonight.
Copy !req
1018. - Why do you hate them so much?
- They beat up on a weakling.
Copy !req
1019. The rest is this just
smoke-filled-coffeehouse crap.
Copy !req
1020. They tortured and tormented
a weaker kid!
Copy !req
1021. They didn't like him, so they killed him.
Why?
Copy !req
1022. Because he couldn't run very fast!
Copy !req
1023. - Everybody take the night off.
- I'm sorry...
Copy !req
1024. We've been working 20 hours a day.
Go see your wife and daughter.
Copy !req
1025. Jo, go do... Whatever it is you do
when you're not here.
Copy !req
1026. - What day is tomorrow?
- Saturday.
Copy !req
1027. We'll start at 10.
Copy !req
1028. Why do you like them so much?
Copy !req
1029. Because they stand on a wall and say,
"Nothing's gonna hurt you tonight.
Copy !req
1030. Not on my watch."
Copy !req
1031. Don't worry about the doctor.
This trial starts Monday.
Copy !req
1032. I'm sorry to bother you.
I should have called first.
Copy !req
1033. No, I was just watching the ball game.
Come on in.
Copy !req
1034. I was wondering how you'd feel
if I took you to dinner tonight?
Copy !req
1035. - Are you asking me out on a date?
- No.
Copy !req
1036. - It sounded like you were.
- I wasn't.
Copy !req
1037. I've been asked out before,
and that's what it sounded like.
Copy !req
1038. Do you like seafood?
I know a good seafood place.
Copy !req
1039. Okay.
Copy !req
1040. My third case was a "drunk
and disorderly". It lasted nine weeks.
Copy !req
1041. I rounded up 31 people
from the bar that night.
Copy !req
1042. Nine weeks on a D and D?
What was the prosecutor offering?
Copy !req
1043. Fifteen days.
Copy !req
1044. You sure hustled the shit out of him.
Copy !req
1045. After that, I got shifted
to Internal Affairs.
Copy !req
1046. Tough to blame them.
Copy !req
1047. Where I have earned two medals
and two letters of commendation.
Copy !req
1048. Why are you always
giving me your résumé?
Copy !req
1049. - I want you to think I'm a good lawyer.
- I do.
Copy !req
1050. No, you don't.
Copy !req
1051. I think you're an exceptional lawyer.
The court members respond to you.
Copy !req
1052. I see you convince them. Dawson
and Downey will owe you their lives.
Copy !req
1053. Jo, I think...
Copy !req
1054. I think you should prepare yourself
for the fact we're gonna lose.
Copy !req
1055. Ross's opening statement was all true.
Copy !req
1056. Let's pretend it would matter
to the court...
Copy !req
1057. that the guys were given an order.
Copy !req
1058. I can't prove it ever happened.
Copy !req
1059. We'll keep doing what we're doing
and put on a show...
Copy !req
1060. but all we have is the testimony of
two people accused of murder.
Copy !req
1061. - We'll find Markinson.
- Jo, we're gonna lose, and lose huge.
Copy !req
1062. Corporal Barnes, Windward Barracks,
Guantanamo Bay, Cuba.
Copy !req
1063. Name some reasons why a Marine
would receive a Code Red.
Copy !req
1064. Being late for platoon
or company meetings...
Copy !req
1065. keeping barracks in disorder,
falling back on a run...
Copy !req
1066. - Have you ever received a Code Red?
- Yes, sir.
Copy !req
1067. I dropped my weapon in a drill.
Copy !req
1068. It was over 100 degrees. My palms
were sweaty and I hadn't used resin.
Copy !req
1069. - What happened?
- The guys threw a blanket over me.
Copy !req
1070. They punched me on the arms
and poured glue on my hands.
Copy !req
1071. And it worked.
I ain't never dropped my weapon since.
Copy !req
1072. - Was Private Santiago ever late?
- Yes, sir.
Copy !req
1073. - Was his barracks ever in disorder?
- Yes, sir.
Copy !req
1074. - Did he ever fall back on a run?
- All the time.
Copy !req
1075. Did he ever, prior to September 6th,
receive a Code Red?
Copy !req
1076. No, sir.
Copy !req
1077. - Never?
- No, sir.
Copy !req
1078. You got a Code Red because
your palms were sweaty.
Copy !req
1079. Why didn't Santiago,
this burden to his unit, ever get one?
Copy !req
1080. - Dawson wouldn't allow it, sir.
- Dawson wouldn't allow it.
Copy !req
1081. The guys talked tough about Santiago,
but they were too afraid of Dawson.
Copy !req
1082. Object. Witness is speculating.
Copy !req
1083. Did you want to give Santiago
a Code Red?
Copy !req
1084. Yes, sir.
Copy !req
1085. - Why didn't you?
- Because Dawson would kick my butt.
Copy !req
1086. Good enough. Captain Ross is gonna
will ask you some questions.
Copy !req
1087. Corporal Barnes...
Copy !req
1088. I hold here the Marine Recruit
Outline. Are you familiar with it?
Copy !req
1089. - Have you read it? Good.
- Yes, sir.
Copy !req
1090. Turn to the chapter that deals
with Code Reds, please.
Copy !req
1091. - Sir?
- Just flip to the page with Code Reds.
Copy !req
1092. Well, "Code Red" is a term that we use
down at Gitmo. I don't know if it's...
Copy !req
1093. Oh, we're in luck, then.
Copy !req
1094. "Standard Operating Procedure,
Rifle Security Company...
Copy !req
1095. Guanténamo Bay, Cuba."
Copy !req
1096. I assume we'll find "Code Red"
in there?
Copy !req
1097. - No, sir.
- No?
Copy !req
1098. I'm a Marine. Ls there no book,
no set of orders or regulations...
Copy !req
1099. telling me that one of my duties
is to perform Code Reds?
Copy !req
1100. No, sir. No book, sir.
Copy !req
1101. No further questions.
Copy !req
1102. Would you turn to the page that says
where the mess hall is, please?
Copy !req
1103. Lieutenant Kaffee,
that's not in the book, sir.
Copy !req
1104. - You mean you've never had a meal?
- No, sir. Three squares a day, sir.
Copy !req
1105. I don't understand. How did you find
the mess hall if it's not in this book?
Copy !req
1106. - I guess I just followed the crowd.
- No more questions.
Copy !req
1107. - Corporal Barnes, you may step down.
- Thank you, sir.
Copy !req
1108. Seven tonight,
we'll do a final Kendrick review.
Copy !req
1109. I wanna slam-dunk this guy.
Copy !req
1110. - Hey, Luther.
- Admiral! How's the big case going?
Copy !req
1111. - Nose to the grindstone.
- No flies on you.
Copy !req
1112. Rolling stone gathers no moss.
Copy !req
1113. Well, it ain't over till
the fat lady sings.
Copy !req
1114. You can say that again.
Copy !req
1115. - It ain't over till the fat lady sings.
- Till the fat lady sings.
Copy !req
1116. I walked into that one.
Copy !req
1117. - Jesus Christ!
- You left the door unlocked.
Copy !req
1118. - You scared the shit out of me.
- Just keep driving.
Copy !req
1119. Are you aware you're under subpoena?
Copy !req
1120. Yes. I'm also aware the lives
of two Marines are in your hands.
Copy !req
1121. If I could do something about that,
I would.
Copy !req
1122. Since I can't, all I can do is help you.
Copy !req
1123. - What do you know?
- I know everything.
Copy !req
1124. - Was it a Code Red?
- Yes.
Copy !req
1125. - Did Kendrick give the order?
- Yes.
Copy !req
1126. Did you witness it? Did you witness it?
Copy !req
1127. - No.
- Then how do you know?
Copy !req
1128. - I know.
- Yeah, you know shit.
Copy !req
1129. He was never gonna be transferred
off that base.
Copy !req
1130. Jessep was gonna keep him on
the base, said he wanted him "trained."
Copy !req
1131. - You signed the transfer order.
- Yeah, I know.
Copy !req
1132. I signed them when you got to Cuba,
five days after Santiago's death.
Copy !req
1133. I'll get you immunity. In about four days
you can tell the court what you told me.
Copy !req
1134. Right now I'll check you into a motel.
We're gonna start from the beginning.
Copy !req
1135. I don't want a deal,
and I don't want immunity.
Copy !req
1136. I'm not proud of what I have done,
nor of what I am doing.
Copy !req
1137. - Where is he?
- The Downtown Lodge.
Copy !req
1138. - I want him guarded.
- That's a good idea.
Copy !req
1139. - My clearance code is 4115273.
- Clearance code?
Copy !req
1140. I don't have a clearance code. You?
Copy !req
1141. It's Galloway.
I need to secure a witness.
Copy !req
1142. He also said Jessep's lying about
transportation off the base.
Copy !req
1143. Jessep said that 6 the next morning
was the first flight.
Copy !req
1144. Markinson says there was one
that left seven hours earlier.
Copy !req
1145. - That was impressive. You hear that?
- Yeah.
Copy !req
1146. Sam, isn't there a record of flights?
Copy !req
1147. You need the tower chief's log
from Gitmo.
Copy !req
1148. - Get it.
- We're gonna win.
Copy !req
1149. Jo, don't get crazy. We don't
know Markinson, or the log book.
Copy !req
1150. You concentrate on Downey,
I'll talk to Ross.
Copy !req
1151. Hey, Danny. Nice work today.
The redirect on Barnes.
Copy !req
1152. - I have Markinson.
- Where is he?
Copy !req
1153. Motel room in Northeast, six marshals
outside the door. Take a sip.
Copy !req
1154. The transfer Markinson signed
is phony.
Copy !req
1155. And Jessep lied about the first flight.
We're getting the log.
Copy !req
1156. - Can I get you something?
- Been
Copy !req
1157. In the meantime,
I'm gonna put Kendrick on the stand...
Copy !req
1158. and have some fun.
Copy !req
1159. If you accuse Kendrick or Jessep
of any crime without evidence...
Copy !req
1160. you'll be court-martialled
for misconduct...
Copy !req
1161. and that's gonna be stapled to
every job application you ever fill out.
Copy !req
1162. Markinson won't hold up,
he's a crazy man.
Copy !req
1163. I'm not saying this to intimidate you,
I'm being your lawyer here.
Copy !req
1164. Thanks. And I wanna tell you I think the
whole fucking bunch of you are insane.
Copy !req
1165. This code of honor makes me
wanna beat someone!
Copy !req
1166. Don't you dare lump me in
with Kendrick and Jessep.
Copy !req
1167. I'm your friend. Your clients don't
belong in jail, but it's not my decision.
Copy !req
1168. I represent the U.S. government
without passion or prejudice...
Copy !req
1169. - ... and my client has a case.
- Here you go.
Copy !req
1170. I want you to acknowledge that the
judge advocate has made you aware...
Copy !req
1171. of the consequences of accusing
a Marine officer without evidence.
Copy !req
1172. I've been so advised.
Copy !req
1173. You got bullied into that courtroom.
By everyone. By Dawson. By Galloway.
Copy !req
1174. Shit, I practically dared you.
Copy !req
1175. You got bullied into that courtroom
by the memory of a dead lawyer.
Copy !req
1176. You're a lousy fucking
softball player, Jack!
Copy !req
1177. Your boys are going down, Danny.
I can't stop it anymore.
Copy !req
1178. - Was Santiago a good Marine?
- I'd say he was average.
Copy !req
1179. Your proficiency and conduct reports
all indicate he was below average.
Copy !req
1180. Yes, he was below average.
Copy !req
1181. I did not see the need
to trample on his grave.
Copy !req
1182. We appreciate it,
but you're under oath.
Copy !req
1183. I think we'd all like to hear the truth.
Copy !req
1184. I'm aware of my oath.
Copy !req
1185. These are the last three
pro-con reports you signed...
Copy !req
1186. for Lance Corporal Dawson.
Copy !req
1187. He rated exceptional twice,
but on June 9th he's below average.
Copy !req
1188. - I'd like to discuss that.
- That would be fine.
Copy !req
1189. Dawson's ranking after
the School of Infantry was perfect.
Copy !req
1190. But unlike most of his class,
he hasn't been promoted.
Copy !req
1191. - Was this report the reason?
- I'm sure it was.
Copy !req
1192. - Do you recall why he got this grade?
- I'm sure I don't.
Copy !req
1193. I have many men in my charge.
I write many reports.
Copy !req
1194. Do you recall an incident
involving a PFC Curtis Bell...
Copy !req
1195. stealing liquor
from the officers' club?
Copy !req
1196. Yes, I do.
Copy !req
1197. Did you report Private Bell
to the proper authorities?
Copy !req
1198. I have two books at my bedside:
Copy !req
1199. the Marine Code
and the King James Bible.
Copy !req
1200. The only proper authorities I'm
aware of are Colonel Jessep and God.
Copy !req
1201. Then you don't recognize this court
as a proper authority?
Copy !req
1202. - Objection. Argumentative.
- Sustained. Watch yourself.
Copy !req
1203. - Did you report Private Bell?
- I thought very highly of him.
Copy !req
1204. I didn't want his record tarnished
by a charge.
Copy !req
1205. You preferred it be handled in the unit?
Copy !req
1206. Yes, I most certainly did.
Copy !req
1207. - Do you know what a Code Red is?
- Yes, I do.
Copy !req
1208. - Have you ever ordered one?
- No, I have not.
Copy !req
1209. Did you order that Private Bell receive
no food or drink except water...
Copy !req
1210. for a period of seven days?
Copy !req
1211. You're distorting the truth.
He was on barracks restriction.
Copy !req
1212. He was given water and vitamins.
His health was never in danger.
Copy !req
1213. I'm sure it was lovely for him.
But you did order the restriction.
Copy !req
1214. - You denied him food?
- Yes, I did.
Copy !req
1215. - Wouldn't this be called a Code Red?
- No.
Copy !req
1216. Would the other 478 Marines
at Guanténamo...
Copy !req
1217. consider it a Code Red?
Copy !req
1218. The witness can't testify as to
what 478 other men would say.
Copy !req
1219. These questions are argumentative,
and irrelevant badgering of the witness.
Copy !req
1220. Sustained. And I would remind you...
Copy !req
1221. that you're questioning an officer
with an impeccable service record.
Copy !req
1222. Thank you, Your Honor.
Copy !req
1223. Was Dawson rated below average
for sneaking food to Private Bell?
Copy !req
1224. - Object!
- Not so fast. Lieutenant?
Copy !req
1225. Dawson was given a below average
rating for committing a crime.
Copy !req
1226. Crime? What crime did he commit?
Copy !req
1227. Lieutenant Kendrick, Dawson
brought a hungry guy some food.
Copy !req
1228. - What crime did he commit?
- He disobeyed an order.
Copy !req
1229. And because he made a decision about
the welfare of a Marine...
Copy !req
1230. that conflicted with your order,
he was punished, right?
Copy !req
1231. Lance Corporal Dawson
disobeyed an order!
Copy !req
1232. It wasn't a real order, was it?
After all, it's peacetime.
Copy !req
1233. He wasn't asked
to advance on a beachhead.
Copy !req
1234. Surely a Marine
of Dawson's intelligence...
Copy !req
1235. can be trusted to
distinguish important orders...
Copy !req
1236. from those that might be
morally questionable?
Copy !req
1237. Lieutenant Kendrick? Can he?
Copy !req
1238. Can Dawson determine on his own
which orders to follow?
Copy !req
1239. No, he cannot.
Copy !req
1240. A lesson he learned
after the Bell incident.
Copy !req
1241. - I would think so.
- You know so, don't you?
Copy !req
1242. - Object!
- Sustained.
Copy !req
1243. Lieutenant Kendrick,
one final question.
Copy !req
1244. If you had ordered Dawson
to give Santiago a Code Red...
Copy !req
1245. - I ordered them not to touch him!
- ... would he dare disobey you again?
Copy !req
1246. - Lieutenant, don't answer that!
- You don't have to. I'm through.
Copy !req
1247. Did you order Dawson and Downey
to give Willy Santiago a Code Red?
Copy !req
1248. - Lieutenant Kendrick, did you...?
- No, I did not.
Copy !req
1249. - What's the word?
- Well...
Copy !req
1250. I got the tower chief's log.
Jessep's telling the truth.
Copy !req
1251. - Six a.m. Flight was the first plane.
- Let me see this.
Copy !req
1252. - Working late tonight, lieutenant?
- Oh, yeah.
Copy !req
1253. There was no flight at 11:00!
What the fuck are you trying to pull?
Copy !req
1254. The first flight left at 2300.
It arrived at Andrews at 2 a.m.
Copy !req
1255. Really? Then why isn't it listed
in the tower chief's log?
Copy !req
1256. - Jessep.
- What? He fixed the logbook?
Copy !req
1257. Maybe he can make it so it didn't
take off, but I can prove it landed.
Copy !req
1258. I'll get the logbook from Andrews.
Copy !req
1259. - You won't find anything.
- He can make a flight disappear?
Copy !req
1260. Nathan Jessep is
about to be appointed...
Copy !req
1261. to the National Security Council.
Copy !req
1262. You don't get there without knowing
how to sidestep a few landmines.
Copy !req
1263. He won't be able to sidestep you.
Copy !req
1264. You still intend
to put me on the stand?
Copy !req
1265. Thursday morning. Ten o'clock.
Copy !req
1266. There's gotta be someone
who can testify to the flight.
Copy !req
1267. This isn't TWA. You know how many
planes take off and land every day?
Copy !req
1268. The ground crew isn't gonna
remember it.
Copy !req
1269. Well, how do you know...
Copy !req
1270. Forget the flight. Forget the flight.
Copy !req
1271. Markinson will testify that
the transfer was forged.
Copy !req
1272. That and Downey's testimony
really ought to be enough.
Copy !req
1273. Why did you go into Santiago's room
on the night of the 6th?
Copy !req
1274. - To give him a Code Red.
- And why did you do that?
Copy !req
1275. I was ordered to
by the platoon commander...
Copy !req
1276. Lieutenant
Jonathan James Kendrick.
Copy !req
1277. You're gonna do fine.
Copy !req
1278. - Think we can rejoin the platoon soon?
- Absolutely.
Copy !req
1279. Remember the order of the questions?
Are you sure? And use small words.
Copy !req
1280. - Just go slow.
- I'm gonna go slow.
Copy !req
1281. Okay. And get him off
as fast as you can.
Copy !req
1282. What? It's gonna be fine.
Copy !req
1283. Dear Mr. And Mrs. Santiago,
I was William's executive officer.
Copy !req
1284. I knew your son vaguely,
which is to say I knew his name.
Copy !req
1285. Soon, the trial of the two men charged
with his death will be concluded...
Copy !req
1286. and the jury will try to offer you
an explanation as to why he's dead.
Copy !req
1287. For my part, I've done as much
as I can to bring the truth to light.
Copy !req
1288. And the truth is this:
Copy !req
1289. Your son is dead for only one reason...
Copy !req
1290. I wasn't strong enough to stop it.
Copy !req
1291. Always, Lieutenant Colonel
Matthew Andrew Markinson...
Copy !req
1292. United States Marine Corps.
Copy !req
1293. Private, I want you to tell us
one last time:
Copy !req
1294. Why did you go to Santiago's room
on the night of September 6th?
Copy !req
1295. A Code Red was ordered
by Platoon Commander Kendrick.
Copy !req
1296. Thank you. Your witness.
Copy !req
1297. The week of 2 September,
the switch log...
Copy !req
1298. has you down at Post 39
until 1600. Right?
Copy !req
1299. - They keep that log pretty good.
- How far is Post 39 from barracks?
Copy !req
1300. - It's a ways, sir. It's a hike.
- About how far by jeep?
Copy !req
1301. About 10, 15 minutes, sir.
Copy !req
1302. - You ever had to walk it?
- Yes, sir, that day. Friday.
Copy !req
1303. The pickup private... That's what
we call the guy that drops us off.
Copy !req
1304. Also because he can get the girls
in New York City.
Copy !req
1305. He got a flat tire at Post 39,
so we had to jog back to barracks.
Copy !req
1306. And if it's 10 or 15 minutes by jeep,
it must be an hour by foot, right?
Copy !req
1307. - We did it in 45 flat, sir.
- Not bad.
Copy !req
1308. You've said your assault on Santiago
was ordered by Lieutenant Kendrick...
Copy !req
1309. in your barracks room at 1620,
am I right?
Copy !req
1310. Yes, sir.
Copy !req
1311. You said you weren't back
before 1645.
Copy !req
1312. Sir?
Copy !req
1313. If you weren't back till 1645...
Copy !req
1314. how could you be in your room
at 1620?
Copy !req
1315. Well, you see, sir,
there was a blow-out...
Copy !req
1316. Did you ever actually hear...
Copy !req
1317. Lieutenant Kendrick order
a Code Red?
Copy !req
1318. Well, Hal said that...
Copy !req
1319. Did you ever actually hear...
Copy !req
1320. Lieutenant Kendrick order
a Code Red?
Copy !req
1321. - No, sir.
- I'd like to request a recess.
Copy !req
1322. - The witness has rights!
- He has been read his rights.
Copy !req
1323. The question will be repeated.
Copy !req
1324. Why did you go to Santiago's room?
Did Dawson tell you to?
Copy !req
1325. - Don't look at him!
- Answer the captain's question.
Copy !req
1326. Yes. I was given an order by
Lance Corporal Dawson...
Copy !req
1327. and I followed it.
Copy !req
1328. Where do you think he is?
Copy !req
1329. As far as Downey was concerned,
it was an order from Kendrick.
Copy !req
1330. It doesn't matter that
he didn't hear firsthand.
Copy !req
1331. - Danny, I'm sorry.
- Don't worry about it.
Copy !req
1332. All we need to do is call
some witnesses...
Copy !req
1333. to talk about implied orders...
Copy !req
1334. or call Downey back before
we get to Dawson.
Copy !req
1335. Maybe we could get Dawson charged
with the Kennedy assassination?
Copy !req
1336. - Are you drunk?
- Pretty much. Yeah.
Copy !req
1337. I'll put on a pot of coffee.
We've got a long night's work ahead.
Copy !req
1338. She's gonna make coffee?
That's nice.
Copy !req
1339. Downey wasn't in his room.
He wasn't even there.
Copy !req
1340. That was important information,
don't you think?
Copy !req
1341. Danny, it was a setback.
And I'm sorry.
Copy !req
1342. But we fix it and move on to Markinson.
Copy !req
1343. Markinson's dead.
Copy !req
1344. You really got to hand it
to those federal marshals, boy.
Copy !req
1345. He didn't hang himself
by his shoelaces...
Copy !req
1346. or slash his wrists
with a butterknife.
Copy !req
1347. This guy got into full dress uniform,
drew a nickel-plated pistol...
Copy !req
1348. and fired a bullet into his mouth.
Copy !req
1349. Anyway, since we're out of witnesses,
I thought I'd drink a little.
Copy !req
1350. - I still think we can win.
- Maybe you should drink a little.
Copy !req
1351. In the morning, we'll ask Randolph
for a continuance, 24 hours.
Copy !req
1352. - Why would we do that?
- To subpoena Colonel Jessep.
Copy !req
1353. - What?
- Listen for a second.
Copy !req
1354. No! I won't listen.
Copy !req
1355. Your passion is compelling,
but useless.
Copy !req
1356. Louden Downey
needed a trial lawyer today.
Copy !req
1357. You chickenshit.
You just want an excuse to give up.
Copy !req
1358. It's over.
Copy !req
1359. Why did you ask Jessep
for the transfer order?
Copy !req
1360. - In Cuba, why did you ask him?
- What does it matter?
Copy !req
1361. - I wanted the damn transfer order!
- Bullshit!
Copy !req
1362. You could have gotten it by calling
any one of a dozen departments.
Copy !req
1363. You didn't want the order.
You wanted to see Jessep's reaction.
Copy !req
1364. You had an instinct
and it was confirmed by Markinson.
Copy !req
1365. Now let's put Jessep on the stand
and end this thing.
Copy !req
1366. - What possible good would that do?
- He ordered the Code Red.
Copy !req
1367. He did? That's great!
And of course, you have proof?
Copy !req
1368. I'm sorry, I forgot.
You were sick that day at law school.
Copy !req
1369. You put him on the stand
and get it from him.
Copy !req
1370. We get it from him!
Yes, no problem. We get it from him.
Copy !req
1371. Colonel Jessep, isn't it true you
ordered the Code Red on Santiago?
Copy !req
1372. I'm sorry, time's run out!
What do we have for the losers, judge?
Copy !req
1373. "Well, for the defendants,
it's life at exotic Fort Leavenworth!
Copy !req
1374. And for Defense Counsel Kaffee,
that's right, it's a court-martial!
Copy !req
1375. After falsely accusing a decorated
officer of conspiracy and perjury...
Copy !req
1376. Lieutenant Kaffee will have
a long and prosperous career...
Copy !req
1377. teaching typewriter maintenance
at a women's school!
Copy !req
1378. Thank you for playing Follow the
Advice of the Galactically Stupid!"
Copy !req
1379. I'm sorry I lost you
your set of steak knives.
Copy !req
1380. Stop cleaning up.
Copy !req
1381. Sam, stop cleaning up.
Copy !req
1382. - You want a drink?
- Yeah.
Copy !req
1383. - Is your father proud of you?
- Don't do this to yourself.
Copy !req
1384. I'll bet he is.
Copy !req
1385. I'll bet he bores the shit out of
the neighbors and relatives.
Copy !req
1386. "Sam's made law review.
Copy !req
1387. He's got a big case he's making.
He's making an argument."
Copy !req
1388. I think my father would have enjoyed
seeing me graduate from law school.
Copy !req
1389. I think he would have liked that a lot.
Copy !req
1390. I ever tell you I wrote a paper
about your father in college?
Copy !req
1391. Yeah?
Copy !req
1392. - One of the best trial lawyers ever.
- Yes, he was.
Copy !req
1393. But if I were Dawson and Downey,
and had to choose you or him...
Copy !req
1394. I'd choose you any day of the week,
and twice on Sunday.
Copy !req
1395. You should have seen yourself
thunder away at Kendrick.
Copy !req
1396. - Would you put Jessep on the stand?
- No.
Copy !req
1397. - Do you think my father would have?
- With the evidence we got?
Copy !req
1398. Not in a million years.
Copy !req
1399. But here's the thing,
and we can't get around this:
Copy !req
1400. Neither Lionel Kaffee nor
Sam Weinberg...
Copy !req
1401. are lead counsel for the defense
in U.S. v. Dawson and Downey.
Copy !req
1402. So there's really only one question:
What would you do?
Copy !req
1403. Jo. JoAnne! Jo, get in the car.
Copy !req
1404. JoAnne, please get in the car! Look...
Copy !req
1405. JoAnne! I apologize. I was angry.
Copy !req
1406. I'm sorry about what I said.
Copy !req
1407. I'm gonna put Jessep on the stand!
Copy !req
1408. What do you suggest we do?
Copy !req
1409. Hit Jessep with
the phony transfer order.
Copy !req
1410. - Without a witness?
- We have a witness.
Copy !req
1411. A dead witness.
Copy !req
1412. To a lesser attorney,
that'd be a problem.
Copy !req
1413. Look. Last night he's swimming in
Jack Daniel's, today he's Superman!
Copy !req
1414. I'm getting my second wind.
Sit down, both of you. Good.
Copy !req
1415. Jessep told Kendrick to order
the Code Red...
Copy !req
1416. Kendrick did,
our clients followed orders.
Copy !req
1417. The cover-up isn't our case. To win,
Jessep has to say he gave the order.
Copy !req
1418. - And you can get him to say it?
- I think he wants to say it!
Copy !req
1419. I think he's pissed off he's gotta hide.
I think he wants to say...
Copy !req
1420. he made a decision,
and that's the end of it!
Copy !req
1421. He eats breakfast 300 yards from 4000
Cubans that are trained to kill him.
Copy !req
1422. And no one tells him
how to run his unit...
Copy !req
1423. least of all the Harvard mouth
in his faggoty white uniform.
Copy !req
1424. I need to shake him. I'll lead him
right where he's dying to go.
Copy !req
1425. - That's it? That's the plan?
- That's the plan.
Copy !req
1426. How are you going to do it?
Copy !req
1427. - I have no idea. I need my bat.
- Your what?
Copy !req
1428. I need my bat. I think better with it.
Where is it?
Copy !req
1429. - I put it in the closet.
- You put it in the closet?
Copy !req
1430. I was tripping on it.
Copy !req
1431. Don't ever put that bat in the closet.
Copy !req
1432. Stay here.
I'm going to the office for a while.
Copy !req
1433. He does think better with that bat.
Copy !req
1434. - Hello?
- Sam, I need you to do something.
Copy !req
1435. - What's going on?
- Gotta go out to Andrews.
Copy !req
1436. - Did Sam get the guys?
- Yes.
Copy !req
1437. - Can I talk to you for a second?
- Yeah, sure.
Copy !req
1438. How are you feeling?
Copy !req
1439. Well, I think Jessep's
gonna have his hands full today.
Copy !req
1440. Listen, Danny,
when you're out there today...
Copy !req
1441. if you feel like it's not gonna happen,
like he's not going to say it...
Copy !req
1442. don't go for it.
You could get into trouble.
Copy !req
1443. I'm special counsel for Internal Affairs.
I'm telling you you could get in trouble.
Copy !req
1444. You're not suggesting that I
back off a material witness?
Copy !req
1445. If you think you can't get him, yeah.
Copy !req
1446. All rise!
Copy !req
1447. - Where's Sam?
- He's on his way.
Copy !req
1448. Call your first witness.
Copy !req
1449. - Where is he?
- He'll be here. Don't worry.
Copy !req
1450. Lieutenant! Call your witness.
Copy !req
1451. Defense calls Colonel Nathan Jessep.
Copy !req
1452. Colonel Jessep,
raise your right hand, please, sir.
Copy !req
1453. Do you swear to tell the truth, the whole
truth, and nothing but the truth?
Copy !req
1454. - Yes, I do.
- Have a seat please, sir.
Copy !req
1455. State your name, rank
and current billet for the record.
Copy !req
1456. Colonel Jessep, Commanding Officer,
Marine Ground Forces...
Copy !req
1457. Guanténamo Bay, Cuba.
Copy !req
1458. - Thank you, sir.
- He's not here.
Copy !req
1459. When you learned
of Santiago's letter to the NIS...
Copy !req
1460. you had a meeting with
your two senior officers, is that right?
Copy !req
1461. Yes.
Copy !req
1462. Platoon Commander Kendrick...
Copy !req
1463. and the executive officer,
Lieutenant Colonel Markinson.
Copy !req
1464. Yes.
Copy !req
1465. And, at present,
Markinson is dead, is that right?
Copy !req
1466. - What is the counselor implying?
- Simply that Markinson is not alive.
Copy !req
1467. Surely Colonel Jessep
doesn't need to confirm that.
Copy !req
1468. He may not be aware that Markinson
took his own life two days ago.
Copy !req
1469. The witness, the court
and now the court members are aware.
Copy !req
1470. We thank you for bringing it up.
Move on, lieutenant.
Copy !req
1471. Yes, sir.
Copy !req
1472. At this meeting,
you gave Kendrick an order, right?
Copy !req
1473. I told him to tell his men
not to touch Santiago.
Copy !req
1474. And did you give an order
to Markinson as well?
Copy !req
1475. I ordered him to have Santiago
transferred off the base immediately.
Copy !req
1476. - Why?
- I felt his life might be in danger.
Copy !req
1477. - Grave danger?
- Is there another kind?
Copy !req
1478. This is the transfer order
that you and Markinson co-signed...
Copy !req
1479. ordering that Santiago fly out
at 6 the next morning.
Copy !req
1480. - Was that the first flight off the base?
- The 0600 was the first flight.
Copy !req
1481. - You flew here today, is that right?
- Yes.
Copy !req
1482. - You're wearing your dress uniform.
- As are you, lieutenant.
Copy !req
1483. - Did you wear it on the plane?
- Is this dialogue relevant to anything?
Copy !req
1484. We didn't have a chance to depose.
I'd ask the court for a little latitude.
Copy !req
1485. - A very little latitude.
- Colonel?
Copy !req
1486. I wore utilities on the plane.
Copy !req
1487. - You brought your dress uniform?
- Yes.
Copy !req
1488. - Toothbrush, shaving kit, underwear?
- Your Honor!
Copy !req
1489. Is his underwear
a matter of national security?
Copy !req
1490. Gentlemen. You'd better get
somewhere fast with this, lieutenant.
Copy !req
1491. Yes, sir. Colonel?
Copy !req
1492. I brought a change of clothes
and some personal items.
Copy !req
1493. Thank you.
Copy !req
1494. After Dawson and Downey's arrest
on the night of the 6th...
Copy !req
1495. Santiago's barracks room was
sealed off, and its contents inventoried.
Copy !req
1496. Four pairs of camouflage pants,
three khaki shirts, three pairs of boots.
Copy !req
1497. - Four pairs green socks...
- Is there a question in our future?
Copy !req
1498. Lieutenant, state your question.
Copy !req
1499. I'm wondering why
Santiago wasn't packed.
Copy !req
1500. Tell you what,
we'll get back to that one in a minute.
Copy !req
1501. This is a record of all phone calls
from your base in the past 24 hours.
Copy !req
1502. After being subpoenaed,
you made three calls.
Copy !req
1503. Do you recognize those numbers?
Copy !req
1504. I called Colonel Fitzhughes
to let him know I'd be in town.
Copy !req
1505. The second was to arrange a meeting
with Congressman Richman.
Copy !req
1506. - And the third call was to my sister.
- Why did you make that call?
Copy !req
1507. - I thought she might like to have dinner.
- Your Honor.
Copy !req
1508. I'll put a stop to this.
Copy !req
1509. These are the phone records
from Gitmo for September 6th.
Copy !req
1510. And these are 14 letters
that Santiago wrote in nine months...
Copy !req
1511. requesting, begging for a transfer.
Copy !req
1512. Upon hearing the news
he was getting it...
Copy !req
1513. Santiago was so excited...
Copy !req
1514. you know how many people
he called? Zero! Nobody.
Copy !req
1515. Not one call to his parents,
saying he was coming home.
Copy !req
1516. Not one call to a friend,
saying, "Can you pick me up?"
Copy !req
1517. He was asleep at midnight, and
you say he had a flight in six hours.
Copy !req
1518. Yet everything he owned was
in his closet or his footlocker.
Copy !req
1519. You were leaving for one day,
you packed and made three calls.
Copy !req
1520. Santiago was leaving
for the rest of his life...
Copy !req
1521. and he hadn't called a soul,
and he hadn't packed a thing.
Copy !req
1522. Can you explain that?
Copy !req
1523. Fact is, there was no transfer order.
Santiago wasn't going anywhere, right?
Copy !req
1524. Objection! Lieutenant Kaffee is trying to
smear a high-ranking Marine officer...
Copy !req
1525. desperately hoping to
suggest impropriety...
Copy !req
1526. and win points with the court.
Copy !req
1527. I recommend that
he be reprimanded...
Copy !req
1528. and the witness be excused
with apologies.
Copy !req
1529. - Overruled. The objection is noted.
- Colonel?
Copy !req
1530. - Is this funny, sir?
- No, it's not. It's tragic.
Copy !req
1531. - Do you have an answer?
- Absolutely. I don't have a damn clue.
Copy !req
1532. Maybe he was an early riser.
Maybe he didn't have any friends.
Copy !req
1533. I'm an educated man,
but I can't speak intelligently...
Copy !req
1534. about the travel habits
of William Santiago.
Copy !req
1535. What I do know is that he was
set to leave the base at 0600.
Copy !req
1536. Now, are these really the questions
that I was called here to answer?
Copy !req
1537. Phone calls and foot lockers?
Copy !req
1538. Please tell me you have
something more, lieutenant.
Copy !req
1539. These two Marines
are on trial for their lives.
Copy !req
1540. Please tell me their lawyer hasn't
pinned their hopes to a phone bill.
Copy !req
1541. Do you have any other questions
for me, counselor?
Copy !req
1542. Lieutenant Kaffee?
Copy !req
1543. Lieutenant, do you have anything
further for this witness?
Copy !req
1544. - Thanks, Danny. I love Washington.
- Excuse me. I didn't dismiss you.
Copy !req
1545. - I beg your pardon?
- I'm not through with my examination.
Copy !req
1546. Sit down.
Copy !req
1547. - "Colonel."
- What's that?
Copy !req
1548. I'd appreciate if he would address me
as "colonel" or "sir." I've earned it.
Copy !req
1549. Defense counsel will address him
"colonel" or "sir".
Copy !req
1550. I don't know what the hell
kind of unit you're running here.
Copy !req
1551. And the witness will address me
as "judge" or "Your Honor."
Copy !req
1552. I'm quite certain I've earned it.
Copy !req
1553. Take your seat, colonel.
Copy !req
1554. What shall we discuss now?
My favorite color?
Copy !req
1555. Colonel, the 6 a.m. Flight
was the first off the base?
Copy !req
1556. Yes.
Copy !req
1557. There wasn't one seven hours earlier
and landed at Andrews at 2 a.m.?
Copy !req
1558. I think we've covered this,
haven't we?
Copy !req
1559. These are the tower chief's logs for
Guanténamo Bay and Andrews.
Copy !req
1560. There's no flight at 11 p.m.,
and no arrival at 2 a.m.
Copy !req
1561. I'd like to admit them as
Defense Exhibits Alpha and Bravo.
Copy !req
1562. You're admitting evidence of a flight
that never existed.
Copy !req
1563. We believe it did, sir.
Copy !req
1564. We call Airmen O'Malley and
Rodriguez of Andrews Air Base.
Copy !req
1565. - They weren't on the list.
- They are rebuttal witnesses.
Copy !req
1566. - I'll allow the witnesses.
- This is ridiculous!
Copy !req
1567. Colonel, a moment ago...
Copy !req
1568. - Check the logs, for chrissake!
- We'll get to that in a minute.
Copy !req
1569. You said you ordered Kendrick to say
that Santiago wasn't to be touched.
Copy !req
1570. That's right.
Copy !req
1571. - He was clear on what you wanted?
- Crystal.
Copy !req
1572. - Could he have ignored the order?
- Ignored the order?
Copy !req
1573. - Or forgot about it?
- No.
Copy !req
1574. Any chance he could have thought,
"The old man is wrong"?
Copy !req
1575. No.
Copy !req
1576. When Lt. Kendrick talked to the men,
any chance they ignored him?
Copy !req
1577. - You ever served in the infantry, son?
- No, sir.
Copy !req
1578. - Ever served in a forward area?
- No, sir.
Copy !req
1579. Ever put your life in another
man's hands, and his in yours?
Copy !req
1580. No, sir.
Copy !req
1581. We follow orders, son.
We follow orders or people die.
Copy !req
1582. It's that simple. Are we clear?
Copy !req
1583. Yes, sir.
Copy !req
1584. - Are we clear?
- Crystal.
Copy !req
1585. Just one more question, before I call
Airmen O'Malley and Rodriguez.
Copy !req
1586. If you ordered that Santiago wasn't
to be touched...
Copy !req
1587. and your orders
are always followed...
Copy !req
1588. then why would Santiago
be in danger?
Copy !req
1589. Why would it be necessary
to transfer him off the base?
Copy !req
1590. Santiago was a substandard Marine.
He was being transferred...
Copy !req
1591. You said he was being transferred
because he was in grave danger.
Copy !req
1592. - That's correct.
- You said he was in danger.
Copy !req
1593. - I said, "grave danger?" You said...
- I recall...
Copy !req
1594. I can have the reporter read...
Copy !req
1595. I know what I said!
I don't have to have it read back...
Copy !req
1596. Then why the two orders? Colonel?
Copy !req
1597. Sometimes men take matters
into their own hands.
Copy !req
1598. No, sir. You made it clear
your men never do.
Copy !req
1599. Your men follow orders or people die.
So Santiago wasn't in danger, right?
Copy !req
1600. You snotty little bastard.
Copy !req
1601. - Your Honor, I ask for a recess.
- I'd like an answer.
Copy !req
1602. The court will wait for an answer.
Copy !req
1603. If Lt. Kendrick gave an order that
Santiago wasn't to be touched...
Copy !req
1604. why did he have to be transferred?
Colonel?
Copy !req
1605. Kendrick ordered a Code Red
because that's what you told him to do!
Copy !req
1606. Object!
Copy !req
1607. And when it went bad, you signed a
phony transfer and doctored the logs!
Copy !req
1608. You coerced the doctor!
Copy !req
1609. Colonel Jessep,
did you order the Code Red?
Copy !req
1610. - You don't have to answer that.
- I'll answer the question.
Copy !req
1611. - You want answers?
- I think I'm entitled!
Copy !req
1612. - You want answers?
- I want the truth!
Copy !req
1613. You can't handle the truth!
Copy !req
1614. Son, we live in a world that has walls,
and those walls have to be guarded.
Copy !req
1615. Who's gonna do it? You?
You, Lieutenant Weinberg?
Copy !req
1616. I have a greater responsibility
than you can possible fathom.
Copy !req
1617. You weep for Santiago
and you curse the Marines.
Copy !req
1618. You have that luxury.
The luxury of not knowing what I know:
Copy !req
1619. That Santiago's death, while tragic,
probably saved lives.
Copy !req
1620. And my existence, while grotesque and
incomprehensible to you, saves lives!
Copy !req
1621. You don't want the truth
because deep down...
Copy !req
1622. in places you don't talk about
at parties...
Copy !req
1623. you want me on that wall.
You need me on that wall.
Copy !req
1624. We use words like honor,
code, loyalty.
Copy !req
1625. We use them as the backbone
of a life spent defending something.
Copy !req
1626. You use them as a punchline!
Copy !req
1627. I have neither the time nor inclination
to explain myself...
Copy !req
1628. to a man who rises and sleeps under
the blanket of the freedom I provide...
Copy !req
1629. then questions the manner
in which I provide it!
Copy !req
1630. I would rather you just said "thank you"
and went on your way.
Copy !req
1631. Otherwise, I suggest you pick up
a weapon and stand a post.
Copy !req
1632. Either way, I don't give a damn
what you think you are entitled to!
Copy !req
1633. - Did you order the Code Red?
- I did the job...
Copy !req
1634. - Did you order the Code Red?
- You're goddamn right I did!
Copy !req
1635. I suggest the members be dismissed...
Copy !req
1636. so we can move
to an article 39A session.
Copy !req
1637. - The witness has rights.
- Captain Ross?
Copy !req
1638. Jack?
Copy !req
1639. The members of the court will retire
until further instructed.
Copy !req
1640. All rise.
Copy !req
1641. What the hell is this?
Copy !req
1642. Colonel, what's going on?
I did my job, I'd do it again.
Copy !req
1643. - I'm going back to my base.
- You're not going anywhere.
Copy !req
1644. - MP's, guard the colonel!
- Yes, sir.
Copy !req
1645. - Captain Ross.
- What the hell is this?
Copy !req
1646. Colonel Jessep,
you have the right to remain silent.
Copy !req
1647. I'm being charged with a crime?
Is that what this is?
Copy !req
1648. I'm being charged with a crime?
Copy !req
1649. This is funny, that's what this is!
This is...
Copy !req
1650. I'm gonna rip the eyes out of your head
and piss in your dead skull!
Copy !req
1651. You fucked with the wrong Marine!
Copy !req
1652. Colonel Jessep,
do you understand your rights?
Copy !req
1653. You fucking people.
Copy !req
1654. You have no idea
how to defend a nation.
Copy !req
1655. All you did was weaken a country
today, Kaffee! That's all you did.
Copy !req
1656. You put peoples' lives in danger.
Sweet dreams, son.
Copy !req
1657. Don't call me son.
Copy !req
1658. I'm a lawyer, and an officer
in the United States Navy.
Copy !req
1659. And you're under arrest,
you son of a bitch.
Copy !req
1660. The witness is excused.
Copy !req
1661. All rise!
Copy !req
1662. - Have you reached a verdict?
- We have, sir.
Copy !req
1663. Lance Corporal Dawson,
Private First Class Downey.
Copy !req
1664. On the charge of murder,
the members find the accused...
Copy !req
1665. not guilty.
Copy !req
1666. On the charge of
conspiracy to commit murder...
Copy !req
1667. the members find the accused
not guilty.
Copy !req
1668. On the charge of conduct
unbecoming a United States Marine...
Copy !req
1669. the members find the accused
guilty as charged.
Copy !req
1670. The accused are sentenced
to time already served...
Copy !req
1671. and are ordered to be dishonorably
discharged from the Marine Corps.
Copy !req
1672. This court-martial is adjourned.
Copy !req
1673. All rise.
Copy !req
1674. What did that mean?
Copy !req
1675. Hal?
Copy !req
1676. What did that mean?
Copy !req
1677. I don't understand. Colonel Jessep said
he ordered the Code Red.
Copy !req
1678. - He ordered it. What did we do wrong?
- It's not that simple.
Copy !req
1679. - We did nothing wrong!
- Yeah, we did.
Copy !req
1680. We were supposed to fight for people
who couldn't fight for themselves.
Copy !req
1681. We were supposed to fight for Willy.
Copy !req
1682. Lieutenant Kaffee, I have to
take these men for some paperwork.
Copy !req
1683. Harold?
Copy !req
1684. Sir?
Copy !req
1685. You don't need a patch on your arm
to have honor.
Copy !req
1686. Ten-hut! There's an officer on deck.
Copy !req
1687. O'Malley and Rodriguez,
what exactly could they testify to?
Copy !req
1688. Probably that they had absolutely
no recollection of anything.
Copy !req
1689. - Strong witnesses.
- And handsome too, didn't you think?
Copy !req
1690. I'll see you around.
I gotta go arrest Kendrick.
Copy !req
1691. Tell him I say hi.
Copy !req
1692. Will do.
Copy !req