A Few Good Men (1992)

1. No!

2. I'm requesting... I am...

3. Captain, I'd like to request that it be me who's the attorney...

4. That it be myself who's assigned...

5. No, I'd like to request that it be I who am assigned...

6. "That it be I who am assigned"? That's confidence-inspiring.

7. Good grammar there. Captain, I'd like to request that I be the attorney assigned...

8. Hi, I'm Lieutenant Commander Galloway. I'm here to see Captain West.

9. Go right in, commander, they're expecting you.

10. Thank you.

11. Jo, come on in. Thank you, sir.

12. Captain West, this is Lieutenant Commander Galloway.

13. Jo, you know Commander Lawrence? Yes, sir.

14. Captain, I appreciate you seeing me on such short notice.

15. Would you like to sit down?

16. I'm fine, sir. Have a seat.

17. Okay.

18. I understand we had some trouble over the weekend down in Cuba?

19. Uh, yes, sir. This past Friday.

20. Two Marines, a Lance Corporal Harold Dawson and a Private Louden Downey,

21. entered the barracks room of a PFC William Santiago and assaulted him.

22. Santiago died at the base hospital approximately an hour later.

23. The NlS agent who took Dawson and Downey's statements

24. maintains they were trying to prevent Santiago

25. from naming Dawson in a fenceline shooting incident.

26. They're scheduled to have a hearing down in Cuba this afternoon at 1600.

27. What's the problem?

28. Dawson and Downey are both recruiting-poster Marines.

29. Santiago was known to be a screwup.

30. I was thinking it sounded an awful lot like a Code Red.

31. Christ!

32. Sir, I'd like to have them moved up to Washington and assigned counsel.

33. Someone who can really look into this.

34. Someone who possesses not only the legal skill

35. but a familiarity with the inner workings of the military.

36. In short, captain, I'd like to suggest that I be the one who that—

37. That it be me who is assigned to represent them, myself.

38. Why don't you get a cup of coffee? Thank you, sir, I'm fine.

39. I'd like you to leave the room, so we can talk about you behind your back.

40. Certainly, sir.

41. I thought this Code Red shit wasn't going on anymore.

42. With the Marines at Gitmo, who knows what the hell goes on down there?

43. We'd better find out before the rest of the world does. Damn thing could get messy.

44. What about this Commander Galloway?

45. She's been working a desk at Internal Affairs for, what, a little over a year now.

46. Before that?

47. She disposed of three cases in two years.

48. Three cases in two years? Who's she handling, the Rosenbergs?

49. She's not cut out for litigation. She's a hell of an investigator—

50. In Internal Affairs, sure. She can crawl up a lawyer's ass with the best of them.

51. When it comes to trial work—

52. I know, I know, all passion, no street smarts. Bring her back in.

53. Jo.

54. We're gonna have the defendants moved up here in the morning.

55. Thank you, sir.

56. And I'll have Division assign them counsel.

57. But not me?

58. Well, from what I understand from your colleagues, you're much too valuable

59. to be wasted on what I'm sure will boil down to a five-minute plea bargain

60. and a week's worth of paperwork.

61. Sir, there might be more involved. Don't worry about it.

62. I promise you, Division will assign the right man for the job.

63. All right, let's go, let's get two!

64. Sorry.

65. Nothing to be sorry about, Sherby. Look the ball into your glove.

66. Shooting two. Sorry.

67. You gotta trust me, Sherby. Keep your eyes open, your chances of catching increase by 10.

68. Kaffee. Let's try it again.

69. Kaffee! Dave, you seem distraught.

70. We were supposed to meet in your office 15 minutes ago.

71. You're stalling on the McDermott case.

72. We either get it done now, or I'll hang your boy from a fucking yardarm!

73. Yardarm? Sherby, does the Navy still hang people from yardarms?

74. I don't think so.

75. Sherby doesn't think the Navy does that anymore.

76. I'll charge him with possession and being under the influence while on duty.

77. You plead guilty, I'll recommend 30 days in the brig with loss of rank and pay.

78. It was 10 dollars' worth of oregano. Your client thought it was marijuana.

79. My client's a moron. That's not against the law.

80. I got people to answer to. I'm gonna charge him.

81. With possession of a condiment? Kaffee.

82. I tried to help you out of this, but if you ask for jail time, I'll file a motion to dismiss.

83. You won't get it. I will get it.

84. If not, I'll file a motion seeking to obtain an evidentiary ruling in advance,

85. and after that I'll file against pre-trial confinement.

86. You'll spend the next three months going blind on paperwork,

87. because a signalman bought and smoked a dime bag of oregano.

88. Let's go! Let's get two!

89. Twenty days in the brig. Fifteen days' restricted duty.

90. I don't know why I'm agreeing to this.

91. Because you have wisdom beyond your years.

92. Good morning. Good morning, captain.

93. How's the baby, Sam?

94. I think she's getting ready to say her first word any day now.

95. How can you tell?

96. She just looks like she has something to say.

97. Excuse me, sorry I'm late.

98. I know you don't have a good excuse, so I won't force you to come up with a bad one.

99. Thank you, sir. This first one's for you.

100. You're moving up in the world. You've been requested by Division.

101. Uh-oh.

102. Requested to do what? Guantánamo Bay, Cuba.

103. A Marine Corporal named Dawson illegally fires a round

104. from his weapon, over the fenceline and into Cuban territory.

105. What's a fenceline? Sam.

106. A big wall separating the good guys from the bad guys.

107. Teacher's pet.

108. PFC William Santiago threatens to rat on Dawson

109. to the Naval Investigative Service.

110. Dawson and another member of his squad, PFC Louden Downey,

111. go into Santiago's room, tie him up,

112. stuff a rag down his throat,

113. and an hour later, Santiago's dead.

114. Attending physician says the rag was treated with some kind of toxin.

115. They poisoned the rag? Not according to them.

116. What do they say? Not much.

117. They're being flown up tomorrow. On Wednesday at 0600,

118. you'll catch a transport down to Cuba for the day to find out what you can.

119. Meantime, go and see Lieutenant Commander JoAnne Galloway

120. with Internal Affairs.

121. Any questions? The flight to Cuba,

122. was that 0600 in the morning, sir?

123. Seems important to Division that this one be handled by the book, so I'm assigning co-counsel.

124. Any volunteers?

125. No. Sam...

126. Sir, I got a stack of papers— Work with Kaffee on this.

127. Doing what? He'll have this done in four days.

128. Doing various administrative things. Backup. Whatever.

129. In other words, I have no responsibilities?

130. Right.

131. My kind of case.

132. Right. Right. Okay, but I gotta have that report by Wednesday.

133. Hi. Hold on. Hi.

134. Daniel Kaffee. I was told to meet with, uh...

135. Lieutenant Commander Galloway.

136. About a briefing. I'll call you back.

137. You're the attorney Division assigned?

138. I'm lead counsel, this is Sam Weinberg.

139. I have no responsibilities whatsoever. Come in, please. Have a seat.

140. Lieutenant, how long have you been in the Navy?

141. Going on nine months now.

142. And how long have you been out of law school?

143. Little over a year.

144. I see. Have I done something wrong?

145. No. It's just that when I petitioned Division to have counsel assigned,

146. I was hoping I would be taken seriously.

147. No offense taken, in case you were wondering.

148. Lieutenant Kaffee is generally considered the best litigator in our office.

149. He successfully plea-bargained 44 cases in nine months.

150. One more, I get a set of steak knives. Have you ever been in a courtroom?

151. I once had my driver's license suspended...

152. Danny. If this thing goes to court,

153. they won't need a lawyer, they'll need a priest.

154. No, they'll need a lawyer.

155. Dawson's family's been contacted. Downey's closest relative is his aunt on his mother's side.

156. She hasn't been contacted yet, would you like me to do that?

157. Sure, if you feel like it.

158. One of the people you'll be seeing is the barracks CO, Colonel Nathan Jessep.

159. I assume you've heard of him.

160. Who hasn't?

161. He's been in the papers lately.

162. He's expected to be director of operations

163. of the National Security Council. Really?

164. These are the letters that Santiago wrote in his eight months at Gitmo.

165. That's Guantánamo Bay. I knew that one.

166. JO: He wrote the fleet commander, HQ Atlantic,

167. the Marine commandant, even his senator.

168. He wanted to be transferred off the base. No one was listening. Are you with me?

169. Yeah.

170. Finally he wrote the Naval Investigative Service,

171. where he offered to trade information about Dawson's shooting for a transfer.

172. Right. Is that all?

173. This letter makes it look like your client had a motive to kill Santiago.

174. Got you. And Santiago is who? The victim.

175. Write that down.

176. Am I correct in assuming that these letters don't paint a flattering picture of Marine Corps life at Gitmo?

177. Yes, amon— And am I further right

178. that a protracted investigation might embarrass the Security Council guy?

179. Colonel Jessep— Twelve years.

180. I'm sorry?

181. I'll get them to drop "conspiracy" and "conduct unbecoming." Twelve years.

182. You haven't talked to a witness or looked at a piece of paper.

183. Pretty impressive, huh?

184. You're gonna have to go deeper than that.

185. Do you have some jurisdiction here I should know about?

186. My job is to make sure that you do your job.

187. I'm special counsel for Internal Affairs. So my jurisdiction's pretty much in your face.

188. Read the letters. I'll expect a report when you return from Cuba.

189. Sure. You're dismissed!

190. I always forget that part.

191. He's a little preoccupied.

192. Team's playing Bethesda Medical next week.

193. Tell your friend not to get cute down there. The Marines in Guantánamo are fanatical.

194. About what? About being Marines.

195. Dear sir, my name is PFC William T. Santiago.

196. I'm a Marine stationed at Marine barracks,

197. Rifle Security Company Windward, 2nd Platoon Bravo.

198. I am writing to inform you of my problems with my unit here in Cuba

199. and to ask for your help.

200. I've fallen out of runs before for several reasons, such as feeling dizzy or nauseated.

201. But on May 18th, I'd fallen back about 20 or 30 yards

202. going down a rocky, unstable hill.

203. My sergeant grabbed me and pushed me down the hill,

204. then I saw all black and the last thing I remember is hitting the deck.

205. I was brought to the hospital, where I was told I just had heat exhaustion.

206. I ask you to help me. Please, sir, I just need to be transferred out of RSC.

207. Sincerely, PFC William T. Santiago, U.S. Marine Corps.

208. P.S. In exchange for my transfer off the base, I'm willing to provide you...

209. "--with information about an illegal fenceline shooting that occurred the night of August the 2nd."

210. Who the fuck is PFC William T. Santiago?

211. Private Santiago's a member of 2nd Platoon Bravo, sir.

212. Yeah. Apparently he's not very happy down here at Shangri-la,

213. because he's written letters to everybody but Santa Claus, asking for a transfer.

214. Now he's telling tales about a fenceline shooting. Matthew?

215. I'm appalled, sir. You're appalled.

216. This kid broke the chain of command and ratted on a member of his unit,

217. to say nothing of the fact that he is a U.S. Marine,

218. and it would appear he can't run from here to there without collapsing from heat exhaustion.

219. What the fuck is going on in Bravo company, Matthew?

220. Colonel, I think perhaps it would be better to hold this discussion in private.

221. That won't be necessary. I can handle this situation, sir.

222. Like you handled Curtis Bell? Sir, your methods—

223. Don't interrupt me, lieutenant.

224. I'm still your superior officer.

225. And I'm yours, Matthew.

226. I wanna know what we're going to do about this.

227. I think Santiago should be transferred off the base immediately.

228. He's that bad, huh?

229. Not only that, but word of this letter's bound to get out, and he's gonna get his ass whipped.

230. Hmm. Transfer Santiago? Yes.

231. Sure, you're right. I'm sure that's the thing to do.

232. Wait. Wait, I've got a better idea.

233. Let's transfer the whole squad off the base. Let's...

234. On second thought, Windward.

235. Let's transfer the whole Windward division off the base.

236. Jon, go get those boys down off the fence. They're packing their bags.

237. Tom! Sir?

238. Get me the president on the phone.

239. We're surrendering our position in Cuba.

240. Yes, sir. Wait a minute, Tom.

241. Don't get the president just yet. Maybe we should consider this for a second.

242. Dismissed, Tom. Yes, sir.

243. Maybe— And I'm just spit-balling here.

244. Maybe we have a responsibility as officers to train Santiago.

245. Maybe we, as officers, have a responsibility to this country

246. to see that the men and women charged with its security

247. are trained professionals.

248. Yes, I'm certain that I read that somewhere once.

249. And now I'm thinking, Colonel Markinson,

250. that your suggestion of transferring Santiago,

251. while expeditious and certainly painless,

252. might not be, in a manner of speaking, the American way.

253. Santiago stays where he is.

254. We're gonna train the lad. Jon, you're in charge.

255. Santiago doesn't make 4.6, 4.6

256. on his next proficiency and conduct report,

257. and I'm going to blame you.

258. Then I'm going to kill you. Yes, sir.

259. I think that's a mistake, colonel.

260. Matthew, I think I will have that word in private with you now.

261. Jon, that's all. Why don't we meet at the "O" Club and have lunch,

262. and we'll talk about the training of young William.

263. I'd be delighted to hear your suggestions.

264. Dismissed. Yes, sir.

265. Matthew, sit down. Please.

266. What do you think of Kendrick?

267. Nathan, I don't think my opinion of Kendrick—

268. I think he's pretty much of a weasel myself.

269. But he's an awfully good officer,

270. and in the end, we see eye to eye on the best way to run a Marine unit.

271. We're in the business of saving lives, Matthew.

272. That is a responsibility that we have to take pretty seriously.

273. And I believe that taking a Marine who is not quite up to the job

274. and shipping him off to another assignment puts lives in danger.

275. Sit down, Matthew.

276. We go back a while.

277. We went to the Academy together,

278. we were commissioned together, did our tours in Vietnam together.

279. But I've been promoted up through the chain with greater speed and success than you have.

280. Now, if that's a source of tension or embarrassment for you,

281. I don't give a shit.

282. We're in the business of saving lives, Lieutenant Colonel Markinson.

283. Don't ever question my orders in front of another officer.

284. All the paperwork's in order. Step over there.

285. Yes, sir.

286. Hal, is this Washington D.C.? All right, let's move.

287. Yes, sir.

288. Got all of that one.

289. Excuse me. I wanted to talk to you about Dawson and Downey.

290. Say again? Dawson and Downey.

291. Those names sound like they should mean something to me, but...

292. Dawson. Downey. Your clients?

293. The Cuba thing! Yes! Oh, Dawson and Downey. Right.

294. I've done something wrong again, haven't I?

295. I was wondering why two guys have been locked up since this morning while their lawyer's out hitting a ball.

296. We need the practice. That wasn't funny.

297. It was a little funny.

298. Lieutenant, would you be very insulted if I recommended different counsel?

299. Why? I don't think you're fit to handle it.

300. You don't even know me. Ordinarily it takes someone hours to find that out.

301. Oh, come on. That was damn funny.

302. You're wrong. I do know you.

303. Daniel Alistair Kaffee, born June 8th, 1964,

304. at Boston Mercy Hospital.

305. Your father's Lionel Kaffee, former Attorney General of the U.S. , died 1985.

306. You went to Harvard Law, then joined the Navy,

307. probably because that's what your father wanted.

308. Now you're just treading water for the three years in the JAG corps,

309. just laying low till you can get out and get a real job.

310. If that's the situation, that's fine, I won't tell anyone.

311. But if this case is handled in the same fast-food, slick-assed, Persian-bazaar manner

312. with which you seem to handle everything else, then something's gonna get missed.

313. And I wouldn't be doing my job if I allowed Dawson and Downey to sit in prison

314. because their attorney predetermined the path of least resistance.

315. Wow.

316. I'm sexually aroused, commander.

317. I don't think your clients murdered anyone.

318. What are you basing this on? There was no intent.

319. Doctor's report says that Santiago died of asphyxiation

320. brought on by acute lactic acidosis,

321. and the nature of the acidosis strongly suggests poisoning.

322. Now, I don't know what that means, but it sounds bad.

323. Santiago died at 1 a. M.

324. At 3, the doctor wasn't able to determine the cause of death.

325. Two hours later, he said it was poison.

326. Oh, now I see what you're saying.

327. It had to be Professor Plum, in the library, with the candlestick.

328. I'm gonna talk to your supervisor.

329. Go straight up Pennsylvania Avenue. It's the big white house with the pillars in front.

330. Thank you. I don't think you'll have much luck.

331. I was assigned by Division. Somebody over there thinks I'm a pretty good lawyer.

332. So, while I appreciate your interest and enthusiasm, I think I can handle things.

333. You know what a Code Red is?

334. What a pity.

335. Morning, sir. Morning.

336. Officer on deck, ten-hut!

337. Sir! Lance Corporal Harold Dawson, sir!

338. Rifle Security Company Windward! Second Platoon Bravo!

339. Someone hasn't been working and playing well with others, Harold.

340. Sir! Yes, sir!

341. Sir! PFC Louden Downey, sir!

342. I'm Daniel Kaffee, this is Sam Weinberg. Sit down.

343. Is this your signature? Yes, sir.

344. You don't have to call me sir. Is this your signature?

345. Sir, yes, sir! Certainly don't need to say it twice.

346. What's a Code Red? It's a disciplinary engagement.

347. What's that mean exactly?

348. Sir, a Marine falls out of line, it's up to the men in his unit to get him on track.

349. What's a garden-variety Code Red? Sir?

350. Harold, You say "sir" and I look for my father. Danny, Daniel Kaffee.

351. Garden-variety. Typical. What's a basic Code Red?

352. Sir, a Marine refuses to bathe on a regular basis,

353. the men in his squad would give him a GI shower.

354. What's that? Scrub brushes, steel wool.

355. Beautiful.

356. Was the attack on Santiago a Code Red?

357. Yes, sir.

358. Does he ever talk?

359. Sir, PFC Downey will answer any direct questions you ask him.

360. Swell.

361. Private Downey, the rag you stuffed in Santiago's mouth, was there poison on it?

362. No, sir. Silver polish, turpentine, antifreeze?

363. No, sir. We were just gonna shave his head, sir.

364. When, all of the sudden...

365. We saw blood dripping down his mouth.

366. We pulled the tape off and there was blood all down his face, sir.

367. That's when Lance Corporal Dawson called the ambulance.

368. Did anyone see you call the ambulance?

369. No, sir.

370. Were you there when the ambulance got there?

371. Yes, that's when we were taken under arrest.

372. On August 2nd, did you fire a shot across the fenceline, into Cuba?

373. Yes, sir. Why?

374. My mirror engaged, sir. His "mirror"?

375. For every American sentry, there's a Cuban counterpart. They're called "mirrors."

376. Lance corporal claims his mirror was about to fire at him.

377. Santiago's letter to the NIS said you fired illegally.

378. He's saying that the guy, the mirror, he never made a move.

379. Oh, Harold? You see what I'm getting at?

380. If Santiago didn't have anything on you, then why did you give him a Code Red?

381. Because he broke the chain of command, sir.

382. He what? He went outside of his unit.

383. If he had a problem, he should have spoken to me, then his sergeant, then—

384. All right, all right. Did you assault Santiago with the intent of killing him?

385. No, sir. What was your intent?

386. To train him, sir. Train him to do what?

387. To think of his unit before himself. To respect the code.

388. What's the code? Unit, Corps, God, country!

389. I beg your pardon? Unit, Corps, God, country, sir.

390. The government of the United States wants to charge you two with murder.

391. And you want me to go to the prosecutor with, "unit, Corps, God, country"?

392. That's our code, sir.

393. That's your code. That's your code.

394. We'll be back.

395. You guys need anything? Books? Papers? Cigarettes? Ham sandwich?

396. Sir! No, thank you, sir!

397. Harold, I think there's a concept you'd better start warming up to.

398. Sir? I'm the only friend you've got.

399. Dan Kaffee. Smiling Jack Ross.

400. Welcome to the big time. You think so?

401. Let's hope, for Dawson and Downey's sake, you practice law better than you play softball.

402. Unfortunately for Dawson and Downey, I don't do anything better than I play softball.

403. I'm out of here, Jannelle! Bye.

404. See you when I get back from Cuba.

405. Say hi to Castro for me. Will do. What are we looking at?

406. They plead guilty, we drop "conspiracy" and "conduct unbecoming,"

407. 20 years, they're home in half that time.

408. I want 12. Can't do it.

409. They called the ambulance, Jack.

410. I don't care if they called the Avon lady. They killed a Marine.

411. The rag was tested for poison. The autopsy, lab reports, they all say the same thing: maybe, maybe not.

412. The Chief of Internal Medicine at Guantánamo says he's sure.

413. What do you know about Code Reds?

414. Oh, man...

415. Are we off the record? You tell me.

416. I'm gonna give you the 12 years.

417. But before you get into trouble tomorrow, I think you should know

418. the platoon commander, Kendrick, held a meeting with the men

419. and specifically told them not to touch Santiago.

420. We still playing hoops tomorrow? Do we have a deal?

421. I'll talk to you when I get back.

422. JO: Hi there.

423. Any luck getting me replaced?

424. Is there anyone in this command you don't drink or play softball with?

425. Commander— Listen, I came to make peace.

426. We got off on the wrong foot.

427. What do you say, friends? Look, I don't—

428. I brought Downey some comic books he was asking for.

429. The kid, Kaffee, I swear, doesn't know where he is. Doesn't even know why he's been arrested.

430. Commander— JoAnne. You can call me JoAnne. Or Jo.

431. Jo? Yes.

432. Jo, if you ever speak to a client of mine again without permission,

433. I'll have you disbarred. Friends?

434. I had authorization. From where?

435. Downey's closest relative, Ginny Miller, his aunt on his mother's side.

436. You got authorization from Aunt Ginny?

437. I gave her a call, like you asked. Very nice woman. We spoke for about an hour.

438. You got authorization from Aunt Ginny.

439. Perfectly within my province.

440. Does Aunt Ginny have a barn? We could hold the trial there.

441. I can sew the costumes, Uncle Goober can be the judge.

442. I'm going to Cuba with you tomorrow.

443. And the hits just keep on coming.

444. How's it going, Luther?

445. Another day, another dollar.

446. Gotta play them as they lay. What goes around comes around.

447. Can't beat them, join them. At least I got my health.

448. Well, you got everything. See you tomorrow, Luther.

449. Not if I see you first.

450. You're my witness. The baby spoke. My daughter said a word.

451. She made a sound. I'm not sure it was a word.

452. Come on, now. It was definitely a word.

453. Okay.

454. You heard her. She pointed and said "Pa." She did.

455. She was pointing at a mailbox. That's right.

456. Pointing as if to say, "Pa! Look, a mailbox."

457. Jack Ross offered me the 12 years. That's what you wanted, right?

458. I know, and I'll...

459. I mean, I guess I'll take it. I'll take it.

460. So. .?

461. It took about 45 seconds. He barely put up a fight.

462. Danny, take the 12 years, it's a gift.

463. You don't believe their story, do you?

464. You think they ought to go to jail for life.

465. I believe every word of their story,

466. and I think they ought to go to jail for life.

467. See you tomorrow. Okay.

468. Don't forget to wear the whites. Very hot.

469. I don't like the whites.

470. Nobody likes the whites, but we're going to Cuba. You got Dramamine?

471. Dramamine keeps you cool?

472. No, Dramamine keeps you from throwing up. You get sick when you fly.

473. I get sick when I fly because I'm afraid of crashing into a large mountain. Dramamine won't help.

474. I got some oregano, I hear that works pretty good.

475. Ross said the strangest thing to me right before I left.

476. He said Lieutenant Kendrick

477. had told the men specifically not to touch Santiago.

478. So? I never mentioned Kendrick.

479. I don't even know who he is.

480. Ah, what the hell. I'll see you tomorrow.

481. I'm Corporal Barnes, I'm to escort you to the Windward side of the base.

482. Thank you.

483. I got some camouflage jackets, I suggest you both put them on.

484. Camouflage jackets?

485. Yes, sir. We'll be riding pretty close to the fenceline.

486. If the Cubans see an officer in white, they might take a shot.

487. Good call, Sam.

488. We'll just hop on the ferry. We'll be there in no time.

489. Whoa, hold it. We gotta take a boat? Yes, sir, to get across the bay.

490. No one said anything about a boat. Is there a problem, sir?

491. No, no problem, I'm just not that crazy about boats.

492. Jesus Christ, Kaffee, you're in the Navy, for crying out loud!

493. Nobody likes her very much. Yes, sir.

494. Nathan Jessep. Come on in. Thank you, sir.

495. Daniel Kaffee, I'm the attorney for Dawson and Downey.

496. This is Lieutenant Commander JoAnne Galloway.

497. Pleasure meeting you.

498. Observing and evaluating. Lieutenant Sam Weinberg, he'll be assisting.

499. This is my XO, Colonel Markinson, and Platoon Leader Lieutenant Kendrick.

500. I've asked them to join us. Sit down, please.

501. Lieutenant Kaffee. Colonel Markinson.

502. I had the pleasure of meeting your father once.

503. I was a teenager. He spoke at my high school.

504. Lionel Kaffee? Yes, sir.

505. Well, what do you know?

506. Jon, this man's dad once made a lot of enemies in your neck of the woods.

507. Jefferson v. Madison County School District.

508. Folks down there said a little black girl couldn't go to an all-white school.

509. Lionel Kaffee said, "We'll just see about that."

510. How the hell is your dad, Danny? He passed away seven years ago.

511. Don't I feel like the fucking asshole. Not at all, sir.

512. What can we do for you, Danny? Not much, sir.

513. This is really a formality more than anything else.

514. JAG Corps insist we interview all the relevant witnesses.

515. The JAG Corps can be demanding that way.

516. Jon'll show you what you want to see. After that, we can all hook up for lunch.

517. How does that sound? Fine, sir.

518. I understand you had a meeting with your men that afternoon.

519. Yes, I did. What did you guys talk about?

520. I told them we had an informer among us

521. and that, despite any desire they had for retribution,

522. Private Santiago was not to be harmed in any way.

523. What time was that meeting? 1600.

524. That's 4:00.

525. We should make sure somebody gets this to his parents.

526. We don't need it anymore. Right.

527. Lieutenant Kendrick, may I call you Jon?

528. No, you may not.

529. Have I done something to offend you?

530. No, I like all you Navy boys.

531. Every time we gotta go fight, you fellas always give us a ride.

532. Lieutenant Kendrick, do you think Santiago was murdered?

533. I believe in God and Jesus Christ. Because I do, I can say this:

534. Private Santiago is dead, and that is a tragedy.

535. But he is dead because he had no code, and no honor. And God was watching.

536. How do you feel about that theory? Sounds good. Let's move on.

537. Are you planning on investigating, or you just gonna take the guided tour?

538. I'm pacing myself.

539. They were running around for hours looking for anything white to wave.

540. Some of these people surrendered to a crew from CNN.

541. Walk softly and carry an armored tank division, I always say.

542. That was delicious. Thank you. My pleasure, sir.

543. Colonel, I do have to ask you a couple questions about September 6th.

544. Shoot.

545. You were contacted by an NIS agent

546. who said that Santiago had tipped him off to an illegal fenceline shooting.

547. Yes. Santiago was gonna reveal who did it

548. in exchange for a transfer.

549. Yes.

550. If you feel there are any details that I'm missing, feel free to speak up.

551. Thank you.

552. You called Lieutenant Colonel Markinson

553. and Lieutenant Kendrick into your office. Is that right?

554. Yes. And what happened then?

555. We agreed that, for his own safety, Santiago should be transferred.

556. Santiago was set to be transferred?

557. On the first flight to the States. 0600 the next morning.

558. Five hours too late, as it turned out.

559. Yeah. All right, that's all. Thanks very much for your time.

560. The corporal's waiting outside with a jeep. He'll take you back.

561. Thank you, sir. Wait, I've got some questions.

562. No, you don't.

563. Yes, I do. No, you don't.

564. On the morning Santiago died, did you meet with Dr. Stone?

565. Jo.

566. Of course. One of my men was dead.

567. You see? The man was dead. Let's go.

568. I'm just wondering if you've ever heard the term Code Red.

569. I've heard the term, yes.

570. This past February, you received a memo

571. from the Atlantic Fleet commander,

572. warning that enlisted men disciplining their own wasn't to be condoned.

573. I submit to you that whoever wrote that memo

574. has never faced the working end of a Cuban AK-47 assault rifle.

575. However, the directive, having come from the commander,

576. I gave it its due attention.

577. What is your point, Jo?

578. She has no point, it's part of her charm. We're out of here. Thank you.

579. My point is that I think Code Reds still go on. Do they?

580. Jo. He doesn't need to answer that. Yes, he does.

581. No, he really doesn't. Yeah, he really does.

582. Colonel?

583. You know, it just hit me.

584. She outranks you, Danny. Yes, sir.

585. I want to tell you something. And listen up, because I mean this.

586. You're the luckiest man in the world.

587. There is nothing on this earth sexier— Believe me, gentlemen.

588. —than a woman you have to salute in the morning.

589. Promote them all, I say, because this is true.

590. If you haven't gotten a blowjob from a superior officer, well,

591. you're just letting the best in life pass you by.

592. The practice of Code Reds is still condoned on this base, isn't it?

593. My problem is I'm a colonel, so I'll just have to take cold showers

594. until they elect some gal president.

595. I need an answer to my question, sir.

596. Take caution in your tone, commander.

597. I'm a fair guy, but this fucking heat is making me absolutely crazy.

598. You wanna ask me about Code Reds?

599. On the record, I tell you I discourage the practice

600. in accordance with the directive.

601. Off the record, I tell you it is an invaluable part of infantry training.

602. If it goes on without my knowledge, so be it. I run my unit how I run my unit.

603. You want to investigate me, roll the dice and take your chances.

604. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me.

605. So don't think for one second that you can come down here, flash a badge

606. and make me nervous.

607. Let's go.

608. Colonel, I'll just need a copy of Santiago's transfer order.

609. What's that?

610. Santiago's transfer order. You guys have paperwork on it.

611. I just need it for the file.

612. For the file? Yeah.

613. Of course you can have a copy of the transfer order for the file.

614. I'm here to help in any way I can. Thank you.

615. You believe that, don't you, Danny? That I'm here to help you in any way I can?

616. Of course.

617. The corporal will take you by Personnel on your way to the flight line,

618. and you can have all the transfer orders that you want.

619. But you have to ask me nicely.

620. I beg your pardon? You have to ask me nicely.

621. See, I can deal with the bullets, the bombs and the blood.

622. I don't want money and I don't want medals.

623. What I do want is for you to stand there, in that faggoty white uniform,

624. and with your Harvard mouth, extend me some fucking courtesy.

625. You got to ask me nicely.

626. Colonel Jessep, if it's not too much trouble,

627. I'd like a copy of the transfer order. Sir.

628. No problem.

629. Who is it? JO: It's me.

630. Jo.

631. I've really missed you. I was just saying, it's been three hours—

632. Markinson's disappeared. What?

633. Colonel Markinson's gone U.A. Unauthorized Absence.

634. I know what it means. When? This afternoon, after we left.

635. I'll try to find him in the morning. I've already tried.

636. You tried?

637. You're coming close to interfering with a government investigation.

638. I'm Louden Downey's attorney. Aunt Ginny feels like she knows me.

639. So I suggested that I get more directly involved with the case.

640. She had Louden sign the papers about an hour ago.

641. I suppose it's too much to hope that you're making this up just to bother me.

642. Don't worry, you're still lead counsel. Splendid.

643. I think Kendrick ordered the Code Red, and so do you.

644. Let's go.

645. Sir.

646. Officer on deck, ten-hut!

647. Did Kendrick order the Code Red? Sir?

648. Don't say "sir" like I just asked you if you cleaned the latrine.

649. Did Lieutenant Kendrick order you to give Santiago a Code Red?

650. Yes, sir.

651. Did he? Yes, sir.

652. Why didn't you mention this before? You didn't ask us, sir.

653. Corporal, I get paid no matter how much time you spend in jail.

654. Yes, sir. I know you do, sir.

655. Fuck you, Harold! JO: All right.

656. At ease. Let's sort this thing out. Shit.

657. There was a platoon meeting on September 6th at 4 p. M.

658. Lieutenant Kendrick says he told you nothing was to happen to Santiago.

659. Now, is this true?

660. I want you to speak freely.

661. Ma'am, that's correct. But then he dismissed the platoon.

662. And what happened then?

663. Lieutenant Kendrick came to our room.

664. When?

665. About five minutes after the meeting broke. About 1620.

666. And what happened then?

667. Lieutenant Kendrick ordered us to give Santiago a Code Red.

668. Jack! Jack! They were given an order.

669. Jack, come on. I'll be right back. Be right back.

670. How long did you know about the order?

671. I didn't. Who's this?

672. It's Jo Galloway, Downey's lawyer. She's very pleased to meet you.

673. What are you accusing me of? How long have you known?

674. He didn't know. If he did and didn't tell us, he'd be violating the code of ethics.

675. He's got enough to worry about.

676. God forbid our clients plead not guilty

677. and testify for the record they were ordered.

678. Kendrick told those men not to touch Santiago.

679. And then he told Dawson and Downey to give him a Code Red.

680. That's not what Kendrick says. Kendrick's lying.

681. You have proof? I have the defendants.

682. And I have 23 Marines and a lieutenant with four letters of commendation.

683. Why did Markinson go U.A.? We'll never know.

684. I can't subpoena Markinson? You won't find him.

685. You know what Markinson did for 17 years? Counterintelligence.

686. Markinson's gone. There is no Markinson.

687. Look, Danny, Jessep's star is on the rise.

688. Division will give me room to spare him and the Corps any embarrassment.

689. How much room?

690. I'll knock it down to involuntary manslaughter. Two years.

691. No deal, we're going to court. Jo.

692. No, you're not. Why not?

693. Because you'll lose, and Danny knows it.

694. And he knows if we go to court, I'll have to go all the way.

695. They'll be charged with the whole truckload.

696. Murder, conspiracy, conduct unbecoming.

697. Danny's got me by the balls here, but not in the courtroom.

698. Danny's an awfully talented lawyer.

699. He won't see his clients go to jail for life if they could be home in six months.

700. That's the end of this negotiation.

701. I'll see you tomorrow morning at the arraignment.

702. All right, here's the story.

703. The government's offering involuntary manslaughter. Two years.

704. You'll be home in six months.

705. "Wow, Kaffee! You're the greatest lawyer in the world! Ooh, how can we thank you?"

706. Fellas, you hear what I just said? You'll be home in six months.

707. I'm afraid we can't do that, sir.

708. Do what?

709. Make a deal, sir. What are you talking about?

710. We did nothing wrong, sir. We did our job.

711. If that has consequences, then I'll accept them.

712. But I won't say that I'm guilty, sir.

713. Did she put you up to this? No.

714. We have a code, sir.

715. You and your code plead not guilty, you'll be in jail for the rest of your life.

716. Do what I say, and you'll be home in six months.

717. Do it, Harold. Six months, it's nothing. It's a hockey season.

718. Permission to— Speak! Jesus!

719. What do we do then, sir? When?

720. After six months we'll be dishonorably discharged, right, sir?

721. Probably. What do we do then, sir?

722. We joined the Marines because we wanted to live by a certain code. And we found it in the Corps.

723. You're asking us to say we have no honor, that we're not Marines!

724. If a court decides what we did was wrong, I'll accept my punishment.

725. But I believe I was right. I did my job. I will not dishonor myself, my unit,

726. or the Corps, so that I can go home in six months!

727. Sir!

728. I'd like to talk to Lance Corporal Dawson alone for a minute, please.

729. Sergeant!

730. We're gonna go in another room.

731. We'd like to go in another room. Sit down.

732. You, uh...

733. You don't like me very much, do you?

734. Forget it, don't answer that. It doesn't matter.

735. You know, Downey worships you.

736. He's gonna do whatever you do.

737. Are you really gonna let this happen to him because of a code, Harold?

738. Do you think we were right? Doesn't matter—

739. Do you think we were right?

740. I think you'd lose.

741. You're such a coward.

742. I can't believe they let you wear a uniform.

743. I'm not gonna feel responsible for this. I did all I could.

744. You're going to Leavenworth for the better part of your life, and I don't give a shit.

745. What happened to saluting an officer when he leaves the room?

746. Open it up.

747. I don't believe it! He's gonna go to jail just to spite me!

748. Fine. If he wants to jump off a cliff, that's his business.

749. I'm not gonna hold his hand.

750. How do I get him a new lawyer? Make a motion at the arraignment.

751. Just tell the judge you want new counsel assigned.

752. That's that.

753. One thing, though. When you ask the judge for new counsel,

754. Danny, be sure and ask nicely.

755. What do you want from me?

756. I want you to let them be judged. I want you to stand up and make an argument.

757. That didn't help Calley at My Lai, or the Nazis at Nuremburg.

758. For chrissakes, Sam. Do you think that's the same

759. as two teenagers executing an order they didn't think would result in harm?

760. These guys aren't Nazis.

761. Don't look now, but you're making an argument.

762. Yeah, yeah. Tomorrow morning, I get them a new attorney.

763. Why are you so afraid to be a lawyer? Were Daddy's expectations really that high?

764. Please, spare me the psychobabble father bullshit!

765. They'll have their day in court, but with another lawyer.

766. Another lawyer won't be good enough. They need you. You know how to win.

767. You know they have a case. You walk away from this, you seal their fate.

768. Their fate was sealed the moment Santiago died.

769. Do you believe they have a case?

770. You and Dawson, you both live in the same dream world.

771. It doesn't matter what I believe, it only matters what I can prove.

772. So don't tell me what I know and don't know. I know the law!

773. You know nothing about the law. You're a used-car salesman.

774. An ambulance-chaser with a rank. You're nothing. Live with that.

775. So I told Duncan,

776. "If you wanna take this to court, you'll force me to file discovery motions,

777. and you're gonna spend a year going blind on paperwork

778. because a 90-year-old man misread the Delaware insurance code."

779. So, what happened?

780. Fifteen minutes later, he makes a deal.

781. All rise.

782. Where are we? Docket number 411275 VR-5.

783. The United States v. Lance Corporal Harold W. Dawson

784. and Private First Class Louden Downey.

785. The accused are charged with murder, conspiracy to commit murder,

786. and conduct unbecoming a United States Marine.

787. Does the defense wish to enter a plea?

788. Yeah.

789. They're not guilty.

790. Enter a plea of "not guilty" for the accused.

791. We will adjourn until 1000, three weeks from today, when we will reconvene.

792. Why does a lieutenant with nine months' experience

793. and a track record for plea-bargaining get assigned a murder case?

794. Would it be so that it never sees the inside of a courtroom?

795. We'll work out of my apartment every night at 7:00.

796. Jo, pick up a carton of legal pads, half a dozen boxes of red pens, half a dozen boxes of black pens.

797. Sam, get a couple desk lamps. I need you to start a medical profile.

798. Jo, get Dawson's, Downey's and Santiago's conduct reports.

799. I've only got Yoo-hoo and Cocoa Puffs, so if you want anything else, bring it.

800. Okay? Yeah.

801. So this is what a courtroom looks like.

802. Did you speak to your friend at the NIS?

803. Yeah.

804. She said if Markinson doesn't want to be found, we won't find him.

805. She said I could be Markinson, and you wouldn't know it.

806. Are you Markinson? No.

807. I'm not Markinson. That's two down.

808. What?

809. I'm just wondering, now that JoAnne's on this...

810. I'm just wondering if you still need me.

811. They were following orders, Sam. An illegal order.

812. You think Dawson and Downey knew it was illegal?

813. It doesn't matter. Any decent human would have—

814. They're not permitted to question orders.

815. Then what's the secret? I give orders every day, nobody obeys!

816. We have softball and marching bands.

817. They work at a place where you have to wear camouflage or you might get shot.

818. I need you. You're better at research than I am.

819. And you know how to prepare a witness.

820. I've got medical reports and Chinese food. I say we eat first.

821. What?

822. Did you get any kung pao chicken?

823. This is our defense. Intent. No one can prove there was poison on the rag.

824. Code Red. They're common and accepted in Guantánamo Bay.

825. The order. A, Kendrick gave it, B, they had no choice but to follow. That's it.

826. What about motive? We're weak. They had one.

827. That doesn't make them guilty.

828. Relax. We'll deal with that later. For now, we start with intent.

829. We must show that Santiago could have died from something other than poison.

830. Jo, find out everything about lactic acidosis.

831. This is Lieutenant Commander Galloway with the JAG Corps.

832. I've been trying to track down a Lieutenant Colonel Matthew Markinson...

833. Doctor, was there any sign of external damage?

834. No. No scrapes? No cuts?

835. No. No. Bruises? Broken bones?

836. Was there any sign of violence?

837. Other than the dead body? Shit. I walk into that every time.

838. He ordered me and Dawson to give Willy a Code Red.

839. Answers still have to come faster.

840. This Iowa farm boy thing will play for a while,

841. but in the end, it sounds like he's searching for the truth.

842. He's right. And Willy is Private Santiago.

843. You start calling him Willy and all the sudden he's a person who's got a mother who's gonna miss him.

844. They drew court members.

845. Seven men, two women. Five Navy, four Marines.

846. All experienced officers.

847. The women have no children. That's a bad break.

848. My father said a jury trial is about assigning blame.

849. Santiago's dead and he shouldn't be. They want to know who's to blame.

850. Ross hands them our clients, we hand them Kendrick.

851. This won't be won by the law, but by the lawyers. So, poker faces.

852. Don't flinch. If something goes wrong, don't hang your head or scribble.

853. Whatever happens, you have to look like you expected it.

854. You pass me documents—

855. "Swiftly, and don't look overanxious."

856. Don't wear that perfume in court, it wrecks my concentration.

857. Really? I was talking to Sam.

858. What time is it? It's time to go home. Try to sleep.

859. Yeah. Give me a ride?

860. Sure.

861. You're a good man, Charlie Brown.

862. I'll see you in court, counselor.

863. Danny, I— I know. We've had our differences.

864. We both said things we didn't mean. But you're happy I stuck with the case.

865. If you've gained some respect for me, well, of course I'm happy about that.

866. But it's no big deal. You like me, I won't make you say it.

867. I was just gonna tell you to wear matching socks tomorrow.

868. Okay. Good tip.

869. We're ready. Better believe it.

870. We're gonna get creamed.

871. Lieutenant Kaffee.

872. You are gonna save our son, aren't you?

873. I'll do my best.

874. Danny, I'd like you to meet Ginny Miller, Louden's aunt.

875. You're Aunt Ginny? Uh-huh.

876. I was expecting someone older. So was I.

877. Last chance. I'll flip you for it. All rise.

878. Too late.

879. All those having business with this general court-martial, stand forward.

880. Colonel Julius Alexander Randolph is presiding.

881. Is the government prepared to make an opening statement?

882. Yes, sir.

883. The facts of the case are these:

884. On September 6th, the accused entered PFC Santiago's room.

885. They woke him up, tied his arms and legs,

886. and forced a rag into his throat.

887. Minutes later, a reaction called lactic acidosis caused his lungs to bleed.

888. He drowned in his own blood, and was dead at 37 minutes past midnight.

889. These are the facts of the case, and they are undisputed.

890. That's right. What I've just told you is exactly what you will hear

891. from Lance Corporal Dawson and Private Downey.

892. Furthermore, we will also show that the accused soaked the rag in poison

893. and entered Santiago's room with motive and intent to kill.

894. Lieutenant Kaffee is gonna try and pull off a little magic act here.

895. He's gonna try a little misdirection.

896. He'll astonish you with stories of rituals.

897. Dazzle you with official-sounding terms like "Code Red."

898. He might even try to cut into a few officers for you.

899. He'll have no evidence, none, but it'll be entertaining.

900. When we get to the end,

901. all the magic in the world will not divert your attention from the fact

902. that Willy Santiago is dead, and Dawson and Downey killed him.

903. These are the facts of the case, and they are undisputed.

904. Lieutenant Kaffee.

905. There was no poison on the rag and there was no intent to kill,

906. and any attempt to prove otherwise is futile, because it just ain't true.

907. Dawson and Downey didn't go into Santiago's room because of vengeance or hatred.

908. It wasn't to kill or harm. And they weren't looking for kicks.

909. It's because it was what they were ordered to do.

910. Let me say that again. It's because it was what they were ordered to do.

911. Out in the real world, that means nothing.

912. And here in the Washington Navy Yard,

913. doesn't mean a whole lot more.

914. But if you're a Marine,

915. assigned to Rifle Security Company Windward, Guantánamo Bay, Cuba,

916. you follow orders, or you pack your bags.

917. Make no mistake about it. Dawson and Downey are sitting here

918. because they did their job.

919. Is the government ready to call its first witness?

920. Please the court, government calls Mr. R.C. McGuire.

921. Raise your right hand, please.

922. Do you swear to tell the truth, the whole truth, and nothing but the truth?

923. I do. Have a seat, please.

924. Would you state your full name and occupation?

925. Robert C. McGuire, special agent, Naval Investigative Service.

926. Thank you.

927. Did you receive a letter from PFC Santiago on 3 September of this year?

928. We did. What did it say?

929. That a member of Santiago's unit had illegally fired across the fenceline.

930. Was that Marine identified in the letter?

931. No. I told Colonel Jessep that I would be coming down to investigate.

932. And what did you find?

933. The shift reported only one sentry returned his weapon with ammo missing.

934. Who was that? Lance Corporal Harold Dawson.

935. Your Witness.

936. Mr. McGuire, have you questioned Dawson about the shooting?

937. Yes, he claims to have been engaged in some manner by the enemy.

938. But you don't believe him? It's not my place—

939. Why wasn't Dawson charged with firing at the enemy without cause?

940. There wasn't enough evidence to support such a charge.

941. Thank you.

942. Why was there not enough evidence?

943. You had William Santiago's letter.

944. Santiago was the only eyewitness. I had no chance to interview him.

945. And now we'll never know, will we, Mr. McGuire?

946. No.

947. No more questions. The witness is excused.

948. Corporal Carl Hammaker, Marine barracks,

949. Rifle Security Company Windward, 2nd Platoon Bravo.

950. Were you present at a meeting held by Lieutenant Kendrick on September 6th?

951. Yes, sir. What was the substance of it?

952. Lieutenant Kendrick told us we had an informer in our group.

953. That Santiago had reported to the NIS on a member of our platoon.

954. Did that make you mad?

955. You can tell the truth. Did it? Yes, sir.

956. How mad?

957. Santiago betrayed a code we believe in very deeply.

958. Were other men also angry? Object. Speculation.

959. Were Dawson and Downey?

960. Is the counsel asking this witness to testify

961. as to how my clients felt on Sept. 6th?

962. Sustained.

963. Did Lieutenant Kendrick leave a standing order at that meeting?

964. Yes, sir. What was it?

965. It was clear he didn't want us taking matters into our own hands.

966. What was the order? Santiago wasn't to be touched.

967. Your witness.

968. Were you in Dawson and Downey's room five minutes later?

969. No, sir.

970. Thanks. No more questions. The witness is excused.

971. Government calls Corporal Raymond Thomas.

972. Please the court, I understand Captain Ross is planning to call all the members of the platoon to testify.

973. In light of the defense Kaffee is planning,

974. the platoon leader's instructions seems relevant testimony.

975. The defense concedes that all 22 will confirm Hammaker's account

976. if the government concedes none of them

977. were in Dawson and Downey's room at 1620.

978. Captain? The government will stipulate.

979. Then we will adjourn. You can call your next witness tomorrow.

980. All rise.

981. Let's go over the doctor again. It's the right approach.

982. We've been over this already.

983. At 3:00, Stone says he doesn't know what killed Santiago.

984. Then he meets with Jessep, and at 5:00 he says it was poison? He's not telling the truth.

985. Oh, that's a relief.

986. I was afraid I couldn't use the "liar, liar, pants on fire" defense.

987. We can't prove coercion. Let's go over what we have.

988. Private Santiago was admitted to the ER at 0012,

989. and he was pronounced dead at 0037.

990. Dr. Stone, what is lactic acidosis?

991. If the muscles and other cells burn sugar instead of oxygen,

992. lactic acid is produced.

993. That lactic acid is what caused Santiago's lungs to bleed.

994. How long does it take before the muscles start burning sugar?

995. Twenty to 30 minutes. What made it faster with Santiago?

996. An ingested poison of some kind. Object. The witness is speculating.

997. He is an expert medical witness.

998. In this court, his opinion is not speculation.

999. He is not a criminologist. The medical facts are inconclusive.

1000. A point I'm confident you'll illustrate on your cross-examination.

1001. So I'm sure you won't mind if his opinion is admitted now?

1002. Not at all, sir.

1003. Did Willy Santiago die of poisoning? Absolutely.

1004. You're aware that the lab and coroner's reports show no traces of poison?

1005. Yes, I am. Then how do you justify—?

1006. There are literally dozens of toxins which are virtually undetectable,

1007. both in the human body and on the fabric.

1008. The nature of the acidosis is the compelling factor here.

1009. Thank you, sir.

1010. Commander, is it possible for a person to have an affliction, some condition,

1011. which might also speed up acidosis?

1012. Is it possible? It's possible.

1013. What might some of those conditions be?

1014. If a person had a coronary or cerebral disorder,

1015. the process would be more rapid.

1016. If I had a coronary condition

1017. and a perfectly clean rag was placed in my mouth and pushed too far,

1018. is it possible my cells would continue burning sugar

1019. after the rag was taken out?

1020. It would have to be a very serious condition.

1021. Is it possible to have a serious condition where initial symptoms were so mild

1022. as to escape a physician during a routine medical exam?

1023. Possibly. There would still be symptoms.

1024. What kind of symptoms?

1025. There are hundreds of— Chest pains?

1026. Yes. Yes. Shortness of breath? Fatigue?

1027. Of course.

1028. Doctor, is this your signature? Yes, it is.

1029. This is an order for Private Santiago to be put on restricted duty.

1030. Would you read your handwritten remarks at the bottom of the page?

1031. "Patient complains of chest pains, shortness of breath, and fatigue.

1032. Restricted from running distances over five miles for one week."

1033. Isn't it possible Santiago had a serious coronary condition

1034. and it was that condition, not poison, that caused the rapid chemical reaction?

1035. No. It's not possible?

1036. No. I personally give each man a thorough physical examination.

1037. Private Santiago was given a clean bill of health.

1038. That's why it had to be poison, right?

1039. Because if you gave a man with a serious condition

1040. a clean bill of health and he died from a heart-related incident,

1041. you'd have a lot to answer for.

1042. Object! Move to strike! Sustained.

1043. I have no more questions, Your Honor.

1044. You've held a license to practice medicine for 17 years.

1045. You're certified in internal medicine, you're chief of internal medicine

1046. at a hospital which has served 5426 people.

1047. In your professional opinion, was Willy Santiago poisoned?

1048. We ask that the doctor's testimony be stricken from the record.

1049. The court members should lend no weight to this witness's testimony.

1050. The objection's overruled.

1051. We strenuously object, and requests an 802 conference

1052. so His Honor can hear discussion before ruling on this objection.

1053. The objection has been overruled. Move to reconsider.

1054. Noted. The witness is an expert, and the court will hear his opinion!

1055. In your expert professional opinion,

1056. was Willy Santiago poisoned?

1057. Yes. Thank you, sir. No more questions.

1058. You may step down.

1059. While we reserve the right to call rebuttal witnesses, government rests.

1060. We'll recess until Monday the 19th,

1061. when the defense will call its first witness.

1062. All rise.

1063. "I strenuously object"? Is that how it works?

1064. "Objection."Overruled!" "No, I strenuously object!"

1065. "Oh, then I'll reconsider!" I got it on the record.

1066. You got the court thinking we're afraid of the doctor.

1067. You object once, so we can say he's not a criminologist.

1068. You keep after it, our cross looks like a bunch of fancy lawyer tricks.

1069. It's the difference between paper law and trial law!

1070. The judge called him an expert! Sam, she made a mistake.

1071. Let's not relive it.

1072. I'm gonna go call my wife. I'll see you tonight.

1073. Why do you hate them so much? They beat up on a weakling.

1074. The rest is this just smoke-filled-coffeehouse crap.

1075. They tortured and tormented a weaker kid!

1076. They didn't like him, so they killed him. Why? Because he couldn't run very fast!

1077. Everybody take the night off.

1078. I'm sorry...

1079. We've been working 20 hours a day. Go see your wife and daughter.

1080. Jo, go do...

1081. Whatever it is you do when you're not here.

1082. What day is tomorrow? Saturday.

1083. We'll start at 10.

1084. Why do you like them so much?

1085. Because they stand on a wall and say, "Nothing's gonna hurt you tonight.

1086. Not on my watch."

1087. Don't worry about the doctor. This trial starts Monday.

1088. I'm sorry to bother you. I should have called first.

1089. No, I was just watching the ball game. Come on in.

1090. I was wondering how you'd feel if I took you to dinner tonight?

1091. Are you asking me out on a date? No.

1092. It sounded like you were. I wasn't.

1093. I've been asked out before, and that's what it sounded like.

1094. Do you like seafood? I know a good seafood place.

1095. Okay.

1096. My third case was a "drunk and disorderly." It lasted nine weeks.

1097. I rounded up 31 people from the bar that night.

1098. Nine weeks on a D and D? What was the prosecutor offering?

1099. Fifteen days.

1100. You sure hustled the shit out of him.

1101. After that, they moved me to Internal Affairs.

1102. Tough to blame them.

1103. Where I have earned two medals and two letters of commendation.

1104. Why are you always giving me your résumé?

1105. I want you to think I'm a good lawyer. I do.

1106. No, you don't.

1107. I think you're an exceptional lawyer.

1108. I watch the court members. They respond to you. They like you.

1109. I see you convincing them. Dawson and Downey are gonna end up owing their lives to you.

1110. Jo, I think...

1111. I think you should prepare yourself for the fact that we're gonna lose.

1112. Ross's opening statement, it was all true.

1113. Let's pretend it would matter to the court that the guys were given an order.

1114. I can't prove it ever happened.

1115. We'll keep doing what we're doing and put on a show,

1116. but all we have is the testimony of two people accused of murder.

1117. We'll find Markinson. Jo, we're gonna lose, and lose huge.

1118. Corporal Barnes, Windward Barracks, Guantánamo Bay, Cuba.

1119. Name some reasons why a Marine would receive a Code Red.

1120. Being late for platoon or company meetings,

1121. keeping barracks in disorder, falling back on a run...

1122. Have you ever received a Code Red? Yes, sir.

1123. We were doing seven-man assault drills, and my weapon slipped.

1124. It was over 100 degrees. My palms were sweaty and I hadn't used resin like we were taught.

1125. What happened? The guys threw a blanket over me.

1126. They punched me on the arms and poured glue on my hands.

1127. And it worked. I ain't never dropped my weapon since.

1128. Was Private Santiago ever late? Yes, sir.

1129. Was his barracks ever in disorder? Yes, sir.

1130. Did he ever fall back on a run? All the time, sir.

1131. Did he ever, prior to September 6th, receive a Code Red?

1132. No, sir.

1133. Never? No, sir.

1134. You got a Code Red because your palms were sweaty.

1135. Why didn't Santiago, this burden to his unit, ever get one?

1136. Dawson wouldn't allow it, sir. Dawson wouldn't allow it.

1137. The guys talked tough about Santiago, but they were too afraid of Dawson.

1138. Object. Witness is speculating.

1139. I'll rephrase. Did you want to give Santiago a Code Red?

1140. Yes, sir.

1141. Why didn't you? Because Dawson would kick my butt.

1142. Good enough. Captain Ross is gonna ask you some questions.

1143. Corporal Barnes, I hold here the Marine Outline for Recruit Training.

1144. Are you familiar with this book? Yes, sir.

1145. Have you read it? Good. Yes, sir.

1146. Turn to the chapter that deals with Code Reds, please.

1147. Sir?

1148. Just flip to the page that discusses Code Reds.

1149. Well, "Code Red" is a term that we use down at Gitmo. I don't know if it's—

1150. Oh, we're in luck, then.

1151. "Standard Operating Procedure, Rifle Security Company,

1152. Guantánamo Bay, Cuba."

1153. I assume we'll find "Code Red" in there?

1154. No, sir. No?

1155. I'm a Marine. Is there no book, no set of orders or regulations,

1156. telling me that one of my duties is to perform Code Reds?

1157. No, sir. No book, sir.

1158. No further questions.

1159. Would you turn to the page that says where the mess hall is, please?

1160. Lieutenant Kaffee, that's not in the book, sir.

1161. You mean you've never had a meal? No, sir. Three squares a day, sir.

1162. I don't understand. How did you find the mess hall if it's not in this book?

1163. I guess I just followed the crowd at chow time, sir.

1164. No more questions.

1165. Corporal Barnes, you may step down.

1166. Thank you, sir.

1167. Seven tonight, we'll do a final Kendrick review.

1168. I wanna slam-dunk this guy.

1169. Hey, Luther.

1170. Admiral! How's the big case going?

1171. Nose to the grindstone. No flies on you.

1172. Rolling stone gathers no moss.

1173. Well, it ain't over till the fat lady sings.

1174. You can say that again.

1175. It ain't over till the fat lady sings. Till the fat lady sings.

1176. I walked into that one.

1177. Jesus Christ! You left the door unlocked.

1178. You scared the shit out of me. Just keep driving.

1179. Are you aware you're under subpoena?

1180. Yes. I'm also aware the lives of two Marines are in your hands.

1181. If I could do something about that, I would.

1182. Since I can't, all I can do is help you.

1183. What do you know? I know everything.

1184. Was it a Code Red? Yes.

1185. Did Kendrick give the order? Yes.

1186. Did you witness it? Did you witness it?

1187. No. Then how do you know?

1188. I know. Yeah, you know shit.

1189. He was never gonna be transferred off that base.

1190. Jessep was gonna keep him on the base, said he wanted him "trained."

1191. You signed the transfer order. Yeah, I know.

1192. I signed them when you got to Cuba, five days after Santiago's death.

1193. I'll get you immunity with the prosecutor.

1194. In about four days you're gonna tell the court what you told me.

1195. Right now I'll check you into a motel. We're gonna start from the beginning.

1196. I don't want a deal, and I don't want immunity.

1197. I'm not proud of what I have done, nor of what I am doing.

1198. JO: Where is he? The Downtown Lodge.

1199. I want him guarded. That's a good idea.

1200. JO: My clearance code is 4115273. Clearance code?

1201. I don't have a clearance code. You?

1202. Danny. It's Jo Galloway.

1203. I need to secure a witness.

1204. He also said Jessep's lying about transportation off the base.

1205. Jessep said that 6 the next morning was the first flight Santiago could have left on.

1206. Markinson says there was one that left seven hours earlier.

1207. That was impressive. Did you hear that?

1208. Yeah. Sam, isn't there a record of flights?

1209. You need the tower chief's log from Gitmo.

1210. Get it. We're gonna win.

1211. Jo, don't get crazy. We don't know Markinson, or the log book.

1212. You concentrate on Downey, I'll talk to Ross.

1213. Hey, Danny. Nice work today. The redirect on Barnes.

1214. I have Markinson. Where is he?

1215. Motel room in Northeast, six marshals outside the door. Take a sip.

1216. The transfer Markinson signed is phony.

1217. And Jessep lied about the first flight. We're getting the log.

1218. Can I get you something?

1219. Beer, please.

1220. In the meantime, I'm gonna put Kendrick on the stand and have some fun.

1221. All right. I have an obligation to tell you.

1222. If you accuse Kendrick or Jessep of any crime without evidence,

1223. you'll be court-martialed for misconduct

1224. and that's gonna be stapled to every job application you ever fill out.

1225. Markinson won't hold up, he's a crazy man.

1226. I'm not saying this to intimidate you, I'm being your lawyer here.

1227. Thanks. And I wanna tell you I think the whole fucking bunch of you are insane.

1228. This code of honor makes me wanna beat the shit out of something!

1229. Don't you dare lump me in with Jessep and Kendrick.

1230. I'm your friend. Your clients don't belong in jail, but it's not my decision.

1231. I represent the U.S. government without passion or prejudice,

1232. and my client has a case. Here you go.

1233. I want you to acknowledge that the judge advocate has made you aware

1234. of the consequences of accusing a Marine officer without evidence.

1235. I've been so advised.

1236. You got bullied into that courtroom. By everyone. By Dawson. By Galloway.

1237. Shit, I practically dared you.

1238. You got bullied into that courtroom by the memory of a dead lawyer.

1239. You're a lousy fucking softball player, Jack!

1240. Your boys are going down, Danny.

1241. I can't stop it anymore.

1242. Was Santiago a good Marine?

1243. I'd say he was average.

1244. Your proficiency and conduct reports all indicate he was below average.

1245. Yes, he was below average.

1246. I did not see the need to trample on his grave.

1247. We appreciate it, but you're under oath. I think we'd all like to hear the truth.

1248. I'm aware of my oath.

1249. These are the last three pro-con reports you signed for Lance Corporal Dawson.

1250. He rated exceptional twice, but on June 9th he's below average.

1251. I'd like to discuss that. That would be fine.

1252. Dawson's ranking after the School of Infantry was perfect.

1253. But unlike most of his class, he hasn't been promoted.

1254. Was this report the reason? I'm sure it was.

1255. Do you recall why he got this grade? I'm sure I don't.

1256. I have many men in my charge. I write many reports.

1257. Do you recall an incident involving a PFC Curtis Bell

1258. stealing liquor from the officers' club?

1259. Yes, I do.

1260. Did you report Private Bell to the proper authorities?

1261. I have two books at my bedside:

1262. The Marine Corps Code of Conduct and the King James Bible.

1263. The only proper authorities I'm aware of are Colonel Jessep and God.

1264. Then you don't acknowledge this court as a proper authority?

1265. Objection. Argumentative. Sustained. Watch yourself.

1266. Did you report Private Bell? I thought very highly of him.

1267. I didn't want his record tarnished by a charge.

1268. You preferred it be handled within the unit?

1269. Yes, I most certainly did.

1270. Do you know what a Code Red is? Yes, I do.

1271. Have you ever ordered one? No, I have not.

1272. Did you order that Private Bell receive no food or drink

1273. except water for a period of seven days?

1274. You're distorting the truth. He was on barracks restriction.

1275. He was given water and vitamins. His health was never in danger.

1276. I'm sure it was lovely for him. But you did order the restriction.

1277. You denied him food? Yes, I did.

1278. Wouldn't this be called a Code Red? No.

1279. Would the other 478 Marines at Guantánamo Bay consider it a Code Red?

1280. The witness can't testify as to what 478 other men would say.

1281. We object to this line of questioning as argumentative

1282. and irrelevant badgering of the witness.

1283. Sustained. And I would remind you

1284. that you're questioning an officer with an impeccable service record.

1285. Thank you, Your Honor.

1286. Was Dawson rated below average for sneaking food to Private Bell?

1287. Object! Not so fast. Lieutenant?

1288. Dawson was given a below average rating

1289. because he had committed a crime.

1290. Crime? What crime did he commit?

1291. Lieutenant Kendrick, Dawson brought a hungry guy some food.

1292. What crime did he commit? He disobeyed an order.

1293. And because he made a decision about the welfare of a Marine

1294. that conflicted with your order, he was punished, right?

1295. Lance Corporal Dawson disobeyed an order!

1296. It wasn't a real order, was it? After all, it's peacetime.

1297. He wasn't asked to advance on a beachhead.

1298. Surely a Marine of Dawson's intelligence

1299. can be trusted to determine which are the important orders

1300. and which orders might, say, be morally questionable?

1301. Lieutenant Kendrick? Can he?

1302. Can Dawson determine on his own which orders to follow?

1303. No, he cannot.

1304. A lesson he learned after the Bell incident.

1305. I would think so. You know so, don't you?

1306. Object! Sustained.

1307. Lieutenant Kendrick, one final question.

1308. If you had ordered Dawson to give Santiago a Code Red,

1309. I ordered them not to touch him!

1310. would he have disobeyed you again?

1311. Lieutenant, don't answer that! You don't have to. I'm through.

1312. Did you order Dawson and Downey to give Willy Santiago a Code Red?

1313. Lieutenant Kendrick, did you—? No, I did not.

1314. Thank you.

1315. What's the word?

1316. Well, I got the tower chief's log. Jessep's telling the truth.

1317. Six a. M. flight was the first plane. Let me see this.

1318. Working late tonight, lieutenant? Oh, yeah.

1319. There was no flight at 11:00! What the fuck are you trying to pull?

1320. The first flight left at 2300. It arrived at Andrews at 2 a. M.

1321. Really? Then why isn't it listed in the tower chief's log?

1322. Jessep. What? He fixed the logbook?

1323. Maybe he can make it so it didn't take off, but I can prove it landed.

1324. I'll get the logbook from Andrews.

1325. You won't find anything. He can make a flight disappear?

1326. Nathan Jessep is about to be appointed to the National Security Council.

1327. You don't get there without knowing how to sidestep a few landmines.

1328. He won't be able to sidestep you.

1329. You still intend to put me on the stand?

1330. Thursday morning. Ten o'clock.

1331. There's gotta be someone who can testify to the flight. A ground crew member.

1332. This isn't TWA. You know how many planes take off and land every day?

1333. The ground crew isn't gonna remember it.

1334. Well, how do you know—?

1335. Forget the flight. Forget the flight.

1336. Markinson will testify that the transfer was forged.

1337. That and Downey's testimony really ought to be enough.

1338. Why did you go into Santiago's room on the night of the 6th?

1339. To give him a Code Red. And why did you do that?

1340. I was ordered to by the platoon commander,

1341. Lieutenant Jonathan James Kendrick.

1342. You're gonna do fine.

1343. Think we can rejoin the platoon soon?

1344. Absolutely.

1345. Remember the order of the questions? Are you sure?

1346. Yes. And you'll use small words?

1347. Yes. He gets rattled when—

1348. Jo. Just go slow.

1349. I'm gonna go slow. Okay.

1350. And get him off as fast as you can.

1351. JoAnne!

1352. What? It's gonna be fine.

1353. Dear Mr. And Mrs. Santiago,

1354. I was William's executive officer.

1355. I knew your son vaguely, which is to say I knew his name.

1356. Soon, the trial of the two men charged with his death will be concluded,

1357. and the jury will try to offer you an explanation as to why he's dead.

1358. For my part, I've done as much as I can to bring the truth to light.

1359. And the truth is this:

1360. Your son is dead for only one reason:

1361. I wasn't strong enough to stop it.

1362. Always, Lieutenant Colonel Matthew Andrew Markinson,

1363. United States Marine Corps.

1364. Private, I want you to tell us one last time:

1365. Why did you go to Santiago's room on the night of September 6th?

1366. A Code Red was ordered by Platoon Commander Kendrick.

1367. Thank you. Your witness.

1368. The week of 2 September, the switch log

1369. has you down at Post 39 until 1600. Right?

1370. They keep that log pretty good. How far is Post 39 from barracks?

1371. It's a ways, sir. It's a hike. About how far by jeep?

1372. About 10, 15 minutes, sir.

1373. You ever had to walk it? Yes, sir, that day. Friday.

1374. The pickup private— That's what we call the guy that drops us off.

1375. Also because he can get girls in New York City.

1376. —he got a flat right at 39.

1377. He pulled up and bam, blow-out with no spare. So we had to jog back to barracks.

1378. And if it's 10 or 15 minutes by jeep, it must be an hour by foot, right?

1379. We did it in 45 flat, sir. Not bad.

1380. You've said your assault on Santiago was ordered by Lieutenant Kendrick

1381. in your barracks room at 1620, am I right?

1382. Yes, sir.

1383. You said you weren't back until 1645.

1384. Sir?

1385. If you weren't back until 1645, how could you be in your room at 1620?

1386. Well, you see, sir, there was a blow-out...

1387. Did you ever actually hear Lieutenant Kendrick order a Code Red?

1388. Well, Hal said that—

1389. Did you ever actually hear Lieutenant Kendrick order a Code Red?

1390. No, sir. I'd like to request a recess.

1391. Why did you go into Santiago's room?

1392. JO: The witness has rights! He has been read his rights.

1393. The question will be repeated.

1394. Why did you go to Santiago's room?

1395. Hal? Did Dawson tell you to?

1396. Hal? Don't look at him!

1397. Hal? Answer the captain's question.

1398. Yes. I was given an order by Lance Corporal Dawson

1399. and I followed it.

1400. Where do you think he is?

1401. As far as Downey was concerned, it was an order from Kendrick.

1402. It doesn't matter that he didn't hear firsthand.

1403. Danny, I'm sorry.

1404. Don't worry about it.

1405. All we need to do is call some witnesses to talk about implied orders,

1406. or call Downey back before we get to Dawson.

1407. Maybe we could get Dawson charged with the Kennedy assassination?

1408. Are you drunk? Pretty much. Yeah.

1409. I'll put on a pot of coffee. We've got a long night's work ahead.

1410. She's gonna make coffee? That's nice.

1411. Downey wasn't in his room. He wasn't even there.

1412. That was important information, don't you think?

1413. Danny, it was a setback. And I'm sorry.

1414. But we fix it and move on to Markinson.

1415. Markinson's dead.

1416. You really got to hand it to those federal marshals, boy.

1417. He didn't hang himself by his shoelaces, or slash his wrists with a butter knife.

1418. This guy got into full dress uniform, drew a nickel-plated pistol,

1419. and fired a bullet into his mouth.

1420. Anyway, since we're out of witnesses, I thought I'd drink a little.

1421. I still think we can win. Maybe you should drink a little.

1422. In the morning, we'll ask Randolph for a continuance, 24 hours.

1423. Why would we do that? To subpoena Colonel Jessep.

1424. What? Listen for a second.

1425. Just hear me out. No! I won't listen.

1426. Your passion is compelling, but useless.

1427. Louden Downey needed a trial lawyer today.

1428. You chickenshit. You just want an excuse to give up.

1429. It's over.

1430. Why did you ask Jessep for the transfer order?

1431. In Cuba, why did you ask him? What does it matter?

1432. I wanted the damn transfer order! Bullshit!

1433. You could have gotten it by calling any one of a dozen departments.

1434. You didn't want the order. You wanted to see Jessep's reaction.

1435. You had an instinct and it was confirmed by Markinson.

1436. Now let's put Jessep on the stand and end this thing.

1437. What possible good would that do? He ordered the Code Red.

1438. He did? That's great! And of course, you have proof?

1439. Oh, I'm sorry, I forgot. You were sick that day at law school.

1440. You put him on the stand and get it from him.

1441. We get it from him! Yes, no problem. We get it from him.

1442. Colonel Jessep, isn't it true you ordered the Code Red on Santiago?

1443. I'm sorry, time's run out! What do we have for the losers, judge?

1444. "Well, for our defendants, it's a lifetime at exotic Fort Leavenworth!

1445. And for Defense Counsel Kaffee, that's right, it's a court-martial!

1446. After falsely accusing a decorated officer of conspiracy and perjury,

1447. Lieutenant Kaffee will have a long and prosperous career

1448. teaching typewriter maintenance at a women's school!

1449. Thank you for playing Follow the Advice of the Galactically Stupid!"

1450. I'm sorry I lost you your set of steak knives.

1451. Stop cleaning up.

1452. Sam, stop cleaning up.

1453. You want a drink? Yeah.

1454. Is your father proud of you? Don't do this to yourself.

1455. I'll bet he is.

1456. I'll bet he bores the shit out of the neighbors and relatives.

1457. "Sam's made law review.

1458. He's got a big case he's making. He's making an argument."

1459. I think my father would have enjoyed seeing me graduate from law school.

1460. I think he would have liked that a lot.

1461. I ever tell you I wrote a paper about your father in college?

1462. Yeah?

1463. One of the best trial lawyers ever. Yes, he was.

1464. But if I were Dawson and Downey, and had to choose you or him,

1465. I'd choose you any day of the week, and twice on Sunday.

1466. You should have seen yourself thunder away at Kendrick.

1467. Would you put Jessep on the stand? No.

1468. Do you think my father would have? With the evidence we got?

1469. Not in a million years.

1470. But here's the thing, and we can't get around this:

1471. Neither Lionel Kaffee nor Sam Weinberg

1472. are lead counsel for the defense in U.S. v. Dawson and Downey.

1473. So there's really only one What would you do?

1474. Jo. JoAnne! Jo, get in the car.

1475. JoAnne, please get in the car! Look...

1476. JoAnne! I apologize. I was angry.

1477. I'm sorry about what I said.

1478. I'm gonna put Jessep on the stand!

1479. What do you suggest we do?

1480. Hit Jessep with the phony transfer order.

1481. Without a witness? We have a witness.

1482. A dead witness.

1483. To a lesser attorney, that'd be a problem.

1484. Look. Last night he's swimming in Jack Daniel's, now he can leap tall buildings in a single bound.

1485. I'm getting my second wind. Sit down, both of you. Good.

1486. Jessep told Kendrick to order the Code Red,

1487. Kendrick did, our clients followed orders.

1488. The cover-up isn't our case. To win, Jessep has to say he gave the order.

1489. And you can get him to say it? I think he wants to say it!

1490. I think he's pissed off he's gotta hide. I think he wants to say

1491. he made a decision, and that's the end of it!

1492. He eats breakfast 300 yards away

1493. from 4000 Cubans that are trained to kill him.

1494. And no one tells him how to run his unit,

1495. least of all the Harvard mouth in his faggoty white uniform.

1496. I need to shake him. I'll lead him right where he's dying to go.

1497. That's it? That's the plan? That's the plan.

1498. How are you going to do it?

1499. I have no idea. I need my bat. JO: Your what?

1500. I need my bat. I think better with it. Where is it?

1501. I put it in the closet. You put it in the closet?

1502. I was tripping on it.

1503. Don't ever put that bat in the closet.

1504. Stay here. I'm going to the office for a while.

1505. He does think better with that bat.

1506. Hello? Sam, I need you to do something.

1507. What's going on? Gotta go out to Andrews.

1508. Where's Sam? He's on his way.

1509. Did he get the guys? Yeah.

1510. Listen, can I talk to you for a second? Yeah, sure.

1511. How are you feeling?

1512. Well, I think Jessep's gonna have his hands full today.

1513. Listen, Danny, when you're out there today,

1514. if you feel like it's not gonna happen, like he's not going to say it,

1515. don't go for it. You could get into trouble.

1516. I'm special counsel for Internal Affairs. I'm telling you you could get in trouble.

1517. You're not suggesting that I back off a material witness?

1518. If you think you can't get him, yeah.

1519. All rise!

1520. Where's Sam? He's on his way.

1521. Call your first witness.

1522. Where is he? He'll be here. Don't worry.

1523. Lieutenant! Call your witness.

1524. Defense calls Colonel Nathan Jessep.

1525. Colonel Jessep, raise your right hand, please, sir.

1526. Do you solemnly swear to tell the truth,

1527. the whole truth, and nothing but the truth?

1528. Yes, I do. Have a seat, please, sir.

1529. State your name, rank and current billet for the record.

1530. Colonel Jessep, Commanding Officer, Marine Ground Forces,

1531. Guantánamo Bay, Cuba.

1532. Thank you, sir. He's not here.

1533. When you learned of Santiago's letter to the NIS,

1534. you had a meeting with your two senior officers, is that right?

1535. Yes.

1536. Platoon Commander Kendrick

1537. and the executive officer, Lieutenant Colonel Markinson.

1538. Yes.

1539. And, at present, Markinson is dead, is that right?

1540. What is the counselor implying?

1541. Simply that at present Markinson is not alive.

1542. Surely Colonel Jessep doesn't need to confirm that.

1543. I wasn't sure he was aware that Markinson took his own life two days ago.

1544. The witness, the court and now the court members are aware.

1545. We thank you for bringing it up. Move on, lieutenant.

1546. Yes, sir.

1547. At this meeting, you gave Kendrick an order, right?

1548. I told him to tell his men not to touch Santiago.

1549. And did you give an order to Markinson as well?

1550. I ordered him to have Santiago transferred off the base immediately.

1551. Why? I felt his life might be in danger.

1552. Grave danger? Is there another kind?

1553. This is the transfer order that you and Markinson co-signed,

1554. ordering that Santiago fly out at 6 the next morning.

1555. Was that the first flight off the base? The 0600 was the first flight.

1556. You flew here today, is that right? Yes.

1557. You're wearing your dress uniform. As are you, lieutenant.

1558. Did you wear it on the plane? Is this dialogue relevant to anything?

1559. We didn't have a chance to depose this witness. I'd ask the court for a little latitude.

1560. A very little latitude. Colonel?

1561. I wore utilities on the plane.

1562. You brought your dress uniform? Yes.

1563. Toothbrush, shaving kit, underwear? Your Honor!

1564. Is his underwear a matter of national security?

1565. Gentlemen. You'd better get somewhere fast with this, lieutenant.

1566. Yes, sir. Colonel?

1567. I brought a change of clothes and some personal items.

1568. Thank you.

1569. After Dawson and Downey's arrest on the night of the 6th,

1570. Santiago's barracks room was sealed off, and its contents inventoried.

1571. Four pairs of camouflage pants, three khaki shirts, three pairs of boots.

1572. Four pairs green socks— Is there a question in our future?

1573. Lieutenant, state your question.

1574. I'm wondering why Santiago wasn't packed.

1575. Tell you what, we'll get back to that one in a minute.

1576. This is a record of all phone calls from your base in the past 24 hours.

1577. After being subpoenaed, you made three calls.

1578. Do you recognize those numbers?

1579. I called Colonel Fitzhughes to let him know I'd be in town.

1580. The second was to arrange a meeting with Congressman Richman.

1581. And the third call was to my sister. Why did you make that call?

1582. I thought she might like to have dinner.

1583. Your Honor. I'll put a stop to this.

1584. These are the phone records from Gitmo for September 6th.

1585. And these are 14 letters that Santiago wrote in nine months

1586. requesting, begging for a transfer.

1587. Upon hearing the news he was getting it,

1588. Santiago was so excited,

1589. you know how many people he called? Zero! Nobody.

1590. Not one call to his parents, saying he was coming home.

1591. Not one call to a friend, saying, "Can you pick me up?"

1592. He was asleep at midnight, and you say he had a flight in six hours.

1593. Yet everything he owned was in his closet or his footlocker.

1594. You were leaving for one day, you packed and made three calls.

1595. Santiago was leaving for the rest of his life

1596. and he hadn't called a soul, and he hadn't packed a thing.

1597. Can you explain that?

1598. Fact is, there was no transfer order. Santiago wasn't going anywhere, right?

1599. Objection! Lieutenant Kaffee is trying to smear a high-ranking Marine officer,

1600. desperately hoping to suggest impropriety

1601. and win points with the court. I recommend that he be reprimanded

1602. and the witness be excused with apologies.

1603. Overruled. The objection is noted. Colonel?

1604. Is this funny, sir? No, it's not. It's tragic.

1605. Do you have an answer? Absolutely.

1606. My answer is I don't have the first damn clue.

1607. Maybe he was an early riser. Maybe he didn't have any friends.

1608. I'm an educated man, but I can't speak intelligently

1609. about the travel habits of William Santiago.

1610. What I do know is that he was set to leave the base at 0600.

1611. Now, are these really the questions that I was called here to answer?

1612. Phone calls and foot lockers?

1613. Please tell me you have something more, lieutenant.

1614. These two Marines are on trial for their lives.

1615. Please tell me their lawyer hasn't pinned their hopes to a phone bill.

1616. Do you have any other questions for me, counselor?

1617. Lieutenant Kaffee?

1618. Lieutenant, do you have anything further for this witness?

1619. Thanks, Danny. I love Washington. Excuse me. I didn't dismiss you.

1620. I beg your pardon? I'm not through with my examination.

1621. Sit down.

1622. "Colonel." What's that?

1623. I'd appreciate if he would address me as "colonel" or "sir." I've earned it.

1624. Defense counsel will address the witness as "colonel" or "sir."

1625. I don't know what the hell kind of unit you're running here.

1626. And the witness will address this court as "judge" or "Your Honor."

1627. I'm quite certain I've earned it.

1628. Take your seat, colonel.

1629. What shall we discuss now? My favorite color?

1630. Colonel, the 6 a. M. flight was the first off the base?

1631. Yes.

1632. There wasn't one seven hours earlier and landed at Andrews at 2 a. M.?

1633. I think we've covered this, haven't we?

1634. These are the tower chief's logs for Guantánamo Bay and Andrews.

1635. There's no flight at 11 p. M. , and no arrival at 2 a. M.

1636. I'd like to admit them as Defense Exhibits Alpha and Bravo.

1637. You're admitting evidence of a flight that never existed.

1638. We believe it did, sir.

1639. We call Airmen O'Malley and Rodriguez of Andrews Air Base.

1640. They weren't on the list.

1641. Rebuttal witnesses, Your Honor, called to refute testimony.

1642. I'll allow the witnesses. This is ridiculous!

1643. Colonel, a moment ago—

1644. Check the logs, for chrissake! We'll get to that in a minute.

1645. You said you ordered Kendrick to say that Santiago wasn't to be touched.

1646. That's right.

1647. He was clear on what you wanted? Crystal.

1648. Could he have ignored the order? Ignored the order?

1649. Or forgot about it? No.

1650. Any chance he could have thought, "The old man is wrong"?

1651. No.

1652. When Lieutenant Kendrick spoke to the platoon, any chance they ignored him?

1653. You ever served in the infantry, son? No, sir.

1654. Ever served in a forward area? No, sir.

1655. Ever put your life in another man's hands, and his in yours?

1656. No, sir.

1657. We follow orders, son. We follow orders or people die.

1658. It's that simple. Are we clear?

1659. Yes, sir.

1660. Are we clear? Crystal.

1661. Just one more question, before I call Airmen O'Malley and Rodriguez.

1662. If you ordered that Santiago wasn't to be touched

1663. and your orders are always followed,

1664. then why would Santiago be in danger?

1665. Why would it be necessary to transfer him off the base?

1666. Santiago was a substandard Marine. He was being transferred—

1667. You said he was being transferred because he was in grave danger.

1668. That's correct. You said he was in danger.

1669. I said, "grave danger?" You said— I recall—

1670. I can have the reporter read—

1671. I know what I said! I don't have to have it read back—

1672. Then why the two orders? Colonel?

1673. Sometimes men take matters into their own hands.

1674. No, sir. You made it clear your men never do.

1675. Your men follow orders or people die. So Santiago wasn't in danger, right?

1676. You snotty little bastard.

1677. Your Honor, I ask for a recess.

1678. I'd like an answer.

1679. The court will wait for an answer.

1680. If Lieutenant Kendrick gave an order that Santiago wasn't to be touched,

1681. then why did he have to be transferred? Colonel?

1682. Kendrick ordered a Code Red because that's what you told him to do!

1683. Object!

1684. And when it went bad, you signed a phony transfer and doctored the logs!

1685. You coerced the doctor!

1686. Colonel Jessep, did you order the Code Red?

1687. You don't have to answer that. I'll answer the question.

1688. You want answers? I think I'm entitled!

1689. You want answers? I want the truth!

1690. You can't handle the truth!

1691. Son, we live in a world that has walls, and those walls have to be guarded by men with guns.

1692. Who's gonna do it? You? You, Lieutenant Weinberg?

1693. I have a greater responsibility than you can possibly fathom.

1694. You weep for Santiago and you curse the Marines.

1695. You have that luxury. The luxury of not knowing what I know:

1696. That Santiago's death, while tragic, probably saved lives.

1697. And my existence, while grotesque and incomprehensible to you, saves lives!

1698. You don't want the truth because deep down,

1699. in places you don't talk about at parties,

1700. you want me on that wall. You need me on that wall.

1701. We use words like honor, code, loyalty.

1702. We use them as the backbone of a life spent defending something.

1703. You use them as a punch line!

1704. I have neither the time nor inclination to explain myself

1705. to a man who rises and sleeps under the blanket of the freedom I provide,

1706. and then questions the manner in which I provide it!

1707. I would rather you just said "thank you" and went on your way.

1708. Otherwise, I suggest you pick up a weapon and stand a post.

1709. Either way, I don't give a damn what you think you are entitled to!

1710. Did you order the Code Red? I did the job—

1711. Did you order the Code Red? You're goddamn right I did!

1712. I suggest the members be dismissed

1713. so we can move to an article 39A session.

1714. The witness has rights. Captain Ross?

1715. Jack?

1716. The members of the court will retire until further instructed.

1717. All rise.

1718. What the hell is this?

1719. Colonel, what's going on? I did my job, I'd do it again.

1720. I'm going back to my base. You're not going anywhere.

1721. MP's, guard the colonel! MP: Yes, sir.

1722. Captain Ross. What the hell is this?

1723. Colonel Jessep, you have the right to remain silent.

1724. I'm being charged with a crime? Is that what this is?

1725. I'm being charged with a crime?

1726. This is funny, that's what this is! This is—

1727. I'm gonna rip the eyes out of your head and piss in your dead skull!

1728. You fucked with the wrong Marine!

1729. Colonel Jessep, do you understand your rights?

1730. You fucking people.

1731. You have no idea how to defend a nation.

1732. All you did was weaken a country today, Kaffee. That's all you did.

1733. You put peoples' lives in danger. Sweet dreams, son.

1734. Don't call me son.

1735. I'm a lawyer, and an officer in the United States Navy.

1736. And you're under arrest, you son of a bitch.

1737. The witness is excused.

1738. All rise!

1739. Have you reached a verdict? We have, sir.

1740. Lance Corporal Dawson, Private First Class Downey.

1741. On the charge of murder, the members find the accused

1742. not guilty.

1743. On the charge of conspiracy to commit murder,

1744. the members find the accused not guilty.

1745. On the charge of conduct unbecoming a United States Marine,

1746. the members find the accused guilty as charged.

1747. The accused are sentenced to time already served

1748. and are ordered to be dishonorably discharged from the Marine Corps.

1749. This court-martial is adjourned.

1750. All rise.

1751. What did that mean?

1752. Hal?

1753. What did that mean?

1754. I don't understand. Colonel Jessep said he ordered the Code Red.

1755. I know. He said he ordered the Code Red.

1756. What did we do wrong? It's not that simple.

1757. We did nothing wrong! Yeah, we did.

1758. We were supposed to fight for people who couldn't fight for themselves.

1759. We were supposed to fight for Willy.

1760. Lieutenant Kaffee, I have to take these men for some paperwork.

1761. Harold?

1762. Sir?

1763. You don't need a patch on your arm to have honor.

1764. Ten-hut! There's an officer on deck.

1765. Airmen O'Malley and Rodriguez, what exactly could they testify to?

1766. Probably that they had absolutely no recollection of anything.

1767. Strong witnesses. And handsome too, didn't you think?

1768. I'll see you around. I gotta go arrest Kendrick.

1769. Tell him I say hi.

1770. Will do.