Sevenmen, two women, five Navy, four Marines.
Allofficers with line experience. Neitherofthe womenhave children.
That'sabadbreak. There'snothing we can do.
My fatheralwayssaidajury trial isnotjustabout thelaw.
It'saboutassigningblame. Santiago's dead, andheshouldn'tbe.
Theseninepeoplearegonnainsist thatsomeonebeblamedforthat.
Ross ishanding them our clients. We'regonnahandthem Kendrick.
This isaboutasalespitch. It'sgonnabe wonby thelawyers.
Soremember, pokerfaces. Don'tflinch in frontofthe courtmembers.
Something doesn't go ourway, don't hang your head or shift in your seat.
Whatever happens, you have to look like it's exactlywhatyou knew would happen.
- Ifyou pass me documents-- - Do it swiftly and don't look eager.
Don't wear that perfume in court. Wrecks my concentration.
Really?
I was talking to Sam.
What time is it?
It's time to go home. Try to get some sleep.
- Yeah. - Give me a ride?
Sure.
You're a good man, Charlie Brown.
I'll seeyou in court, counselor.
- Danny, I-- - You don't have to say it.
We've had our differences. I said some things I didn't mean.
You said some things you didn't mean, butyou're happy I stuckwith the case.
And ifyou've gained a certain respect for me over the last three weeks...
ofcourse, I'm happy about that.
But we don't have to make a whole big deal out ofit.
Ifyou like me, I won't makeyou say it.
I wasjust gonna tell you to wear matching socks tomorrow.
Okay. Good tip.
We're ready.
Better believe it.
We're gonna get creamed.
- Lieutenant Kaffee? - Yes?
You are gonna save our son, aren'tyou?
I'll do my best.
Danny, I'd likeyou to meet Ginny Miller, Louden's aunt.
- You're Aunt Ginny? - Uh-huh.
I'm sorry. I was expecting someone older.
So was I.
Last chance. I'll flipyou for it.
- All rise. - Too late.
All those having business with this general court-martial...
stand forward and you shall be heard.
ColonelJulius Alexander Randolph is presiding.
Is the government prepared to make an opening statement?
Yes, sir.
The facts ofthe case are these:
On midnight ofSeptember 6, the accused entered the barracks room...
oftheir platoon mate, P.F.C. William Santiago.
Theywoke him up, tied his arms and legs with tape...
and forced a rag into his throat.
A few minutes later, a chemical reaction called lactic acidosis...
caused his lungs to begin bleeding.
He drowned in his own blood...
and was pronounced dead at 37 minutes past midnight.
These are the facts ofthe case, and they are undisputed.
That's right. The story I'vejust told you...
is the exact same storyyou're gonna hear from Lance Corporal Dawson...
and it's the exact same story you're gonna hear from Private Downey.
Furthermore, the government will also demonstrate...
that the accused soaked the rag in poison...
and entered Santiago's room with motive and intent to kill.
Now, Lieutenant Kaffee...
is gonna try and pull off a little magic act here.
He's gonna try a little misdirection.
He's gonna astonish you with stories ofrituals...
and dazzleyou with official-sounding terms...
like ''Code Red.''
He might even try to cut into a few officers foryou.
He'll have no evidence, mind you, none, but it's gonna be entertaining.
And when we get to the end, all the magic in the world...
will not have been able to divert your attention from the fact...
that Willie Santiago is dead and Dawson and Downey killed him.
These are the facts ofthe case, and they are undisputed.
Lieutenant Kaffee.
There was no poison on the rag, and there was no intent to kill.
Any attempt to prove otherwise is futile 'cause itjust ain't true.
When Dawson and Downeywent into Santiago's room that night...
it wasn't because ofvengeance or hatred.
It wasn't to kill or harm, and it wasn't because theywere looking for kicks.
It's because it was what theywere ordered to do.
Let me say that again.
It's because it was what theywere ordered to do.
Out in the real world that means nothing...
and here at the Washington NavyYard it doesn't mean a whole lot more.
But ifyou're a Marine assigned to Rifle Security CompanyWindward...
Guantanamo Bay, Cuba, and you're given an order...
you follow it oryou packyour bags.
Make no mistake about it.
Harold Dawson and Louden Downey are sitting beforeyou today...
because they did theirjob.
Is the government ready to call its first witness?
Ifit please the court, the government calls Mr. R.C. McGuire.
Mr. McGuire, would you raiseyour right hand, please?
Doyou solemnly swear that the testimony you give this general court-martial...
will be the truth, the whole truth and nothing but the truth?
- I do. - Have a seat, please, sir.
Would you stateyour full name and occupation, for the record?
Robert C. McGuire, Special Agent, Naval Investigative Service.
Mr. McGuire, did your office receive a letter from P.F.C. William Santiago...
on 3 September ofthis year?
- We did. - What did that letter say?
That a member ofSantiago's unit had fired his weapon over the fenceline.
Was that Marine identified in the letter?
No. I notified the barracks C.O. ColonelJessup...
that I would be coming down to investigate.
And what did you find?
The shift reported only one sentry returned his weapon to the switch...
with a round ofammunition missing.
- Who was that? - Lance Corporal Harold Dawson.
Yourwitness.
Mr. McGuire, haveyou questioned Dawson about the fenceline shooting?
Yes. He claims to have been engaged in some manner by the enemy.
- You don' believe him? - It's not my place--
Lance Corporal Dawson's been charged with a number ofcrimes.
Whywasn't he charged with firing at the enemywithout cause?
There wasn't enough evidence to support such a charge.
Thankyou.
Mr. McGuire, I don't understand whatyou mean when you say...
''There wasn't enough evidence to support such a charge.''
You had William Santiago's letter.
Santiago was the only eyewitness.
I never had the chance to interview him, so I don't know what he saw.
And now we'll never know, will we, Mr. McGuire?
- No more questions. - The witness is excused.
Corporal Carl Edward Hammaker, Marine Barracks...
Rifle Security CompanyWindward, Second Platoon Bravo.
Corporal, wereyou present at a meeting that Lieutenant Kendrick held...
on the afternoon ofSeptember 6 with the members ofthe Second Platoon?
Yes, sir.
Would you tell the court the substance ofthat meeting?
Lieutenant Kendrick told us we had an informer in our group--
that Private Santiago had gone outside the chain ofcommand...
and reported to the N.I.S. on a member ofour platoon.
Did that makeyou mad? You can tell the truth, Corporal.
- Did it makeyou mad? - Yes, sir.
How mad?
Private Santiago betrayed a code we believe in very deeply, sir.
- Were the other squad members angry? - Object. Speculation.
- Were Dawson and Downey? - Is the government counsel...
honestly asking the witness to testify as to how my clients felt?
Sustained.
Corporal, did Lieutenant Kendrick leave a standing order at that meeting?
- Yes, sir. - What was it?
Well, it was clear that he didn't want us taking matters into our own hands.
What was the order?
Sir, he said Santiago wasn't to be touched.
Yourwitness.
Corporal Hammaker, wereyou in Dawson and Downey's barracks...
five minutes after this meeting?
No, sir.
Thanks. I have no more questions.
The witness is excused.
The government calls Corporal Raymond Thomas.
I understand Captain Ross is planning on calling all the other members...
of Rifle Security CompanyWindward to testify.
In light ofthe defense Lieutenant Kaffee is planning to mount...
the explicit instructions ofa platoon leader seems particularly relevant.
The defense is willing to concede that all 22 witnesses...
will testify substantially as Corporal Hammaker did...
ifthe government is willing to concede that none ofthem...
were in Dawson and Downey's room at 1 6:20 on September 6.
Captain?
The government will stipulate.
Then we'll adjourn for the day. You can call your next witness tomorrow.
All rise.
I want to go over the doctor again.
- We're taking the right approach. - We've been over this already.
Listen to me. 3:00-- Stone says he doesn't know what killed Santiago.
Then he meets withJessup, and at 5:00 he says it was poison?
- The doctor's not telling the truth. - Oh, that's a relief!.
I was afraid I wouldn't be able to use the ''liar, liar, pants on fire'' defense.
We can't prove coercion. Let's go overwhat we have, okay?
PrivateSantiago wasadmitted to the E.R. at0012...
and he was pronounced dead at 0037.
Dr. Stone, what is lactic acidosis?
Ifthe muscles and other cells ofthe body burn sugar...
instead ofoxygen, lactic acid is produced.
That lactic acid is what caused Santiago's lungs to bleed.
Normally, how long does it take for the muscles and other cells...
to begin burning sugar instead ofoxygen?
Twenty to thirty minutes.
And what caused this process to be sped up in Santiago's muscles?
An ingested poison ofsome kind.
Your Honor, we object at this point. The witness is speculating.
Commander Stone is an expert medical witness.
In this courtroom, his opinion is not considered speculation.
Commander Stone is an internist, not a criminologist.
The medical facts here are ultimately inconclusive.
A point I'm confidentyou'll illustrate to the court under cross-examination.
So I'm sureyou won't mind ifhis opinion is admitted now.
Not at all, sir.
Dr. Stone, did Willie Santiago die ofpoisoning?
Absolutely.
You're aware that the lab and coroner's report show no traces ofpoison?
- Yes, I am. - Then how doyoujustify--
There are literally dozens oftoxins which are virtually undetectable...
both in the human body and on a fabric.
The nature ofthe acidosis is the compelling factor on this issue.
Thankyou, sir.
Commander, is it possible for a person to have an affliction--
some sort ofcondition-- which might speed up the process ofacidosis?
Commander, is it possible?
It's possible.
What might some ofthose conditions be?
Ifa person had a coronary disorder...
or a cerebral disorder, the process would be more rapid.
IfI had a coronary condition and a clean rag was placed in my mouth...
and the rag was pushed too far down, is it possible that my cells...
would continue burning sugar after the rag was taken out?
It would have to be a very serious condition.
Is it possible to have a serious coronary condition...
where the warning signals were so mild as to escape a physician...
during a routine medical exam?
Possibly. There would still be symptoms, though.
- What kind ofsymptoms? - There are hundreds--
- Chest pains? - Yes.
- Shortness ofbreath? - Yes.
- Fatigue? - Ofcourse.
Doctor, is this your signature?
Yes, it is.
This is an order for Private Santiago to be put on restrictive duty.
Would you read your handwritten remarks at the bottom ofthe page, please?
''Initial testing, negative. Patient complains ofchest pains...
shortness ofbreath and fatigue.
Restricted from running distances over five miles for one week.''
Commander, isn't it possible that Santiago had a serious condition...
and it was that condition that caused the accelerated chemical reaction?
It's not possible?
I personally give each man a thorough physical examination.
Private Santiago was given a clean bill ofhealth.
That's why it had to be poison, right, Commander?
'Cause ifyou put a man with a serious coronary condition on duty...
and that man died from a heart-related incident...
you'd have a lot to answer for, wouldn'tyou, Doctor?
- Object! Move to strike. - Sustained.
I have no more questions, Your Honor.
Dr. Stone, you've held a medical license for 1 7 years.
You're Board-certified in internal medicine.
You are chiefofinternal medicine at a hospital which serves 5,426 people.
In your professional medical opinion, was Willie Santiago poisoned?
We renew our objection to Commander Stone's testimony...
and ask that it be stricken from the record.
We further ask the court members to lend no weight to this witness's testimony.
The objection is overruled.
The defense strenuously objects and requests an 802 conference...
so that His Honor might have a chance to hear discussion before ruling.
The objection ofthe defense has been heard and overruled.
- Move to reconsider. - Your objection is noted.
The witness is an expert, and the court will hear his opinion!
Dr. Stone, in your expert, professional opinion...
was Willie Santiago poisoned?
Yes.
Thankyou, sir. I have no more questions.
Commander, you may step down.
Please the court, while we reserve the right to call rebuttal witnesses...
the government rests.
We'll stand in recess until 1 000, Monday the 1 9th...
at which time, the defense will call its first witness.
All rise.
''I strenuously object''?
Is that how it works? ''Objection overruled.''
'' No, no. I strenuously object.''
''Oh, well, ifyou strenuously object, then I should take time to reconsider.''
I got it on the record.
You also got the court members thinking we're afraid ofthe doctor.
You object once, so they can hear us say he's not a criminologist.
You keep after it, and suddenly it looks like a bunch offancy lawyer tricks.
It's the difference between paper law and trial law.
You even had thejudge saying Stone was an expert!
She made a mistake. Let's not relive it.
I'm gonna go call mywife. I'll seeyou tonight.
Why doyou hate them so much?
They beat up on a weakling. That's all they did.
The rest ofthis isjust smoke-filled coffeehouse crap.
They tortured and tormented a weaker kid!
They didn't like him, so they killed him.
And why? Because he couldn't run very fast!
All right. Everybody take the night off.
- I'm sorry. - I know.
We've been working 20 hours a day for three and halfweeks straight.
Just take the night off. Go seeyourwife, your daughter.
Jo, go do...
whatever it is you do when you're not here.
- What day is tomorrow? - Saturday.
We start at 1 0:00.
Why doyou like them so much?
'Cause they stand on a wall....
and they say, '' Nothing's gonna hurtyou tonight, not on mywatch.''
Don't worry about the doctor. This trial starts Monday.
1 and2 with two out. Andaline drive toleftcenter.
Kirbyracing. He won'tget there.
Androunding thirdis CalRipken...
andthe Twins'streakis over.
Onestrikeaway, andRandy Milligan feels rightnowlike Hulk Hogan.
I'm sorry to botheryou. I should've called first.
No, I wasjust watching a ball game. Come on in.
I was wondering if-- Howyou'd feel about my taking you to dinner tonight?
- Areyou asking me out on a date? - No.
Sounded likeyou were asking me on a date.
I've been asked out on dates before, and that's what it sounded like.
Doyou like seafood? I know a good seafood place.
My third case was a drunk and disorderly.
It lasted nine weeks. I rounded up 31 people from the bar that night.
Nine weeks on a D and D? What was the prosecutor offering?
Fifteen days.
You sure hustled the shit out ofhim.
Well, after that they moved me to Internal Affairs.
- Tough to blame them. - Where I have earned...
two meritorious service medals and two letters ofcommendation.
Why areyou always giving me your resume?
Because I wantyou to think I'm a good lawyer.
I do.
No, you don't.
I thinkyou're an exceptional lawyer.
I watch the court members. They respond toyou. They likeyou.
I seeyou convincing them, and I think Dawson and Downey...
are gonna end up owing their lives toyou.
Jo, I think--
I thinkyou should prepareyourself for the fact that we're gonna lose.
Ross's opening statement-- it was all true.
Let's pretend for a minute that it would actually matter...
that the guys were given an order.
I can't prove it ever happened.
We'll keep doing what we're doing and we'll put on a show...
but all we have is the testimony oftwo people accused ofmurder.
We'll find Markinson.
Jo, we're gonna lose, and we're gonna lose huge.
CorporalJeffrey Owen Barnes, Marine Barracks Windward...
Guantanamo Bay, Cuba.
Corporal Barnes, name some reasons why a Marine would receive a Code Red.
Being late for platoon or company meetings.
Keeping his barracks in disorder. Falling back on a run.
- Haveyou ever received a Code Red? - Yes, sir.
We were doing seven-man assault drills, and myweapon slipped.
It was 'cause it was over 1 00 degrees, and my palms were sweaty...
and I'd forgotten to use the resin like we were taught.
What happened?
That night, the guys in my squad threw a blanket over me...
took turns punching me in the arm for five minutes...
then they poured glue on my hands.
And it worked too, 'cause I ain't never dropped myweapon since.
Was Private Santiago ever late for platoon meetings?
Yes, sir.
- Was his barracks ever in disorder? - Yes, sir.
- Did he ever fall back on a run? - All the time, sir.
Did he ever, prior to the night ofSeptember 6, receive a Code Red?
No, sir.
- Never? - No, sir.
You got a Code Red 'causeyour palms were sweaty.
Why didn't Santiago, this burden to his unit, ever get one?
Dawson wouldn't allow it, sir.
Dawson wouldn't allow it.
The guys talked tough about Santiago, but theywouldn't go near him.
Theywere too afraid of Dawson.
Object. The witness is speculating.
I'll rephrase.Jeffrey, did you ever want to give Santiago a Code Red?
- Yes, sir. - Why didn'tyou?
'Cause Dawson would kick my butt, sir.
Good enough. Captain Ross is gonna askyou some questions now.
Corporal Barnes...
I hold here the Marine Outline forRecruit Training.
- Areyou familiarwith this book? - Yes, sir.
- Haveyou read it? - Yes, sir.
Would you turn to the chapter that deals with Code Reds, please?
Just flip to the page ofthe book that discusses Code Reds.
Well, you see, sir, Code Red is a term that we use.
Just down in Gitmo--
Oh, we're in luck, then.
Standard Operating Procedure, Rifle Security Company, Guantanamo Bay, Cuba.
I assume we'll find the term Code Red and its definition in that book.
No, sir.
Corporal Barnes, I'm a Marine.
Is there no book, no manual or pamphlet, no set oforders or regulations...
that lets me know that as a Marine one ofmy duties is to perform Code Reds?
No, sir. No book, sir.
No further questions.
Corporal, would you turn to the page in this book....
that says where the mess hall is, please?
Lieutenant Kaffee, that's not in the book, sir.
You mean to say in all your time at Gitmoyou've never had a meal?
No, sir. Three squares a day, sir.
I don't understand.
How did you know where the mess hall was ifit's not in this book?
Well, I guess I just followed the crowd at chow time, sir.
No more questions.
- Corporal Barnes, you may step down. - Thankyou, sir.
7:00 tonight we'll do a final Kendrick review.
I want to slam-dunk this guy.
Hey, Luther.
Admiral, how's the big case going?
Nose to the grindstone.
- No flies on you. - A rolling stone gathers no moss.
Well, it ain't over till the fat lady sings.
You can say that again.
- It ain't over till the fat lady sings. - Till the fat lady sings.
Walked into that one.
Oh,Jesus Christ!
You left the door unlocked.
- You scared the shit out ofme. -Just keep driving.
Areyou aware you're under subpoena?
Yes. I'm also aware that the lives oftwo Marines are in your hands.
Ifthere was something I could do about that, I would.
But since I can't, all I can do is helpyou.
- What doyou know? - I know everything.
- Was it a Code Red? - Yes.
- Did Kendrick give the order? - Yes.
- Did you witness it? - I didn't need to.
Then how doyou know? You know shit.
He was never gonna be transferred offthat base.
Jessup was gonna keep him on the base. He said he wanted him trained.
- The transfer order has your signature. - Yeah, I know.
I signed it the morning you arrived in Cuba, five days after Santiago died.
I'm gonna getyou a deal, some kind ofimmunitywith the prosecutor.
In about four days, you'll appear as a witness and tell whatyou know.
I'm gonna checkyou into a motel. We are gonna start from the beginning.
I don't want a deal, and I don't want immunity.
I wantyou to know that I'm proud neither ofwhat I've done or am doing.
- Where is he? - The Downtown Lodge in Northeast.
- I want him guarded. - That's a good idea.
- My clearance code is 41 1 527273. - Clearance code?
- Thankyou. - Doyou have a clearance code?
This isJo Galloway. I need to secure a witness.
Anyway, he also said thatJessup's lying about the transportation offthe base.
Jessup said that 6:00 the next morning was the first flight leaving.
Markinson says there was a plane that left seven hours earlier.
That was impressive. Did you hear what I said about the flight?
Sam, when a flight takes off, there's a record kept, right?
Yeah, you need the tower chief´s log from Gitmo.
- Get it. - We're gonna win.
We don't know who Markinson is. We don't know what the logbookwill say.
Youjust concentrate on Downey. I'm gonna tell Ross where we are.
Nice work today. Redirect on Barnes.
- I have Markinson. - Where is he?
Motel room in Northeast with six Federal Marshalls outside his door.
The transfer that Markinson signed is phony.
Jessup's statement that the 6:00 a.m. flight was the first available is a lie.
We're checking the tower chief´s log. I'd like a beer, please.
In the meantime, I'm gonna put Kendrick on the stand and have some fun.
All right, I have an obligation to tell you...
that ifyou accuse Kendrick orJessup ofany crime without proper evidence...
you'll be subject to a court-martial for professional misconduct.
That's something that'll be stapled to everyjob application you ever fill out.
Markinson's not gonna hold up, Danny. He's a crazy man.
I'm not saying this to intimidateyou. I'm being your lawyer here.
Thanks,Jack. And I think the fucking bunch ofyou are certifiably insane.
Your code ofhonor makes me want to beat the shit out ofsomebody.
Don't lump me in with them just because we wear the same uniform.
I'm your friend, and I don't think your clients belong injail...
but I don't get to make that decision.
I represent the United States government without passion or prejudice.
- My client has a case. - Hereyou go.
I wantyou to acknowledge that thejudge advocate has madeyou aware...
ofthe possible consequences involved in accusing a Marine officer...
ofa felony without proper evidence.
I've been so advised.
You got bullied into that courtroom, Danny.
By everyone. By Dawson, by Galloway.
Shit, I practically dared you.
You got bullied into that courtroom by the memory ofa dead lawyer.
You're a lousy fucking softball player,Jack!
Your boys are going down, Danny. I can't stop it anymore.
Lieutenant Kendrick, in your opinion, was Private Santiago a good Marine?
I'd say he was about average.
You signed three proficiency and conduct reports on Santiago.
On all three reports, you indicate a rating ofbelow average.
Yes, Private Santiago was below average.
I did not see the need to trample on a man's grave.
We appreciate that, butyou're under oath now.
Unpleasant as it may be, we'd all just as soon hear the truth.
I'm aware ofmy oath.
These are the last three pro-con reports you signed for Lance Corporal Dawson.
Dawson received two marks ofexceptional...
but on this most recent report ofJune 9 he received a rating ofbelow average.
- I'd like to discuss this last report. - That would be fine.
Lance Corporal Dawson's ranking after the school ofinfantrywas perfect.
Over halfthat class has since been promoted to full corporal...
while Dawson has remained a lance corporal.
Was Dawson's promotion held up because ofthis last report?
I'm sure it was.
Doyou recall why Dawson was given such a poor grade on this report?
I'm sure I don't.
I have many men in my charge. I write many reports.
Lieutenant, doyou recall an incident involving a P.F.C. Curtis Bell...
who'd been found stealing liquor from the Officers' Club?
Yes, I do.
Did you report Private Bell to proper authorities?
I have two books at my bedside--
The Marine Corps Code ofConduct and The KingJames Bible.
The only proper authorities I'm aware of are my commanding officer...
Colonel Nathan R.Jessup and the Lord our God.
Atyour request, Lieutenant Kendrick, I can have the record reflect...
your lack ofacknowledgement ofthis court as a proper authority.
- Objection. Argumentative. - Sustained.
Watch yourself, counselor.
Did you report Private Bell toyour superiors?
I remember thinking very highly of Private Bell--
not wanting to see his record tarnished by a formal charge.
You preferred it be handled within the unit?
Yes, I most certainly did.
- Doyou know what a Code Red is? - Yes, I do.
- Haveyou ever ordered a Code Red? - No, I have not.
Did you order Dawson and two other men to make sure that Private Bell...
received no food or drink, except water, for a period ofseven days?
That is a distortion ofthe truth, Lieutenant.
Private Bell was placed on barracks restriction.
He was given water and vitamin supplements, and I can assureyou...
at no time was his health in danger.
I'm sure it was lovely for Private Bell.
Butyou did order the barracks restriction, didn'tyou?
- You did order the denial offood? - Yes, I did.
Wouldn't this form ofdiscipline be considered a Code Red?
IfI called the other 478 Marines at Guantanamo Bay to testify...
would they consider it a Code Red?
The witness can't possibly testify as to what 478 other men would say.
We object to this entire line ofquestioning. It's argumentative...
and irrelevant badgering ofthe witness.
The government's objection is sustained, Lieutenant Kaffee...
and I would remind you thatyou're now questioning a Marine officer...
with an impeccable service record.
Thankyou, Your Honor.
Lieutenant, was Dawson given a rating ofbelow average on this last report...
becauseyou learned he'd been sneaking food to Private Bell?
- Object! - Not so fast. Lieutenant?
Lance Corporal Dawson was given a below average rating...
because he had committed a crime.
A crime? What crime did he commit?
Dawson brought a hungry guy some food. What crime did he commit?
He disobeyed an order.
And because he exercised his own set ofvalues...
because he made a decision about the welfare ofa Marine...
that was in conflict with your order, he was punished, is that right?
Lance Corporal Dawson disobeyed an order.
Yeah, but it wasn't a real order, was it?
After all, it's peacetime.
He wasn't being asked to secure a hill or advance on a beachhead.
I mean, surely a Marine of Dawson's intelligence...
can be trusted to determine on his own which are the important orders...
and which orders might, say, be morally questionable?
Can he?
Can Dawson determine on his own which orders he's going to follow?
No, he cannot.
A lesson he learned after the Curtis Bell incident, right?
- I would think so. - You know so, don'tyou?
- Object! - Sustained.
Lieutenant Kendrick, one final question.
Ifyou had ordered Dawson to give Santiago a Code Red--
- I specifically ordered those men-- - Would he disobeyyou again?
- Lieutenant, don't answer that! - You don't have to. I'm through.
Lieutenant Kendrick, did you order Lance Corporal Dawson...
and Private Downey to give Willie Santiago a Code Red?
- No, I did not. - Thankyou.
What's the word?
I got the tower chief´s log from that night.Jessup's telling the truth.
- 6:00 a.m. flight was the first plane. - Let me see this.
- Working late tonight? - Oh, yeah.
There wasn't a flight at 1 1 :00. What the fuck areyou trying to pull?
The first flight stateside left Guantanamo Bay at 2300.
It arrived at Andrews Air Force Base at a few minutes past 2:00.
Really? Then why isn't it listed in the tower chief´s log?
Jessup.
What areyou telling me? He fixed the logbook?
Maybe he can make it so a plane didn't take off, but I can prove one landed.
I'll get the logbook from Andrews.
You're not gonna find anything in the Andrews logbook, either.
He can make an entire flight disappear?
Jessup is about to be appointed director ofoperations for the Security Council.
You don't get to that position without knowing how to sidestep some land mines.
He's not gonna be able to sidestepyou.
You don't still intend to put me on the stand?
Thursday morning, 1 0:00.
There's gotta be someone who can testify to the flight.
This isn't TWA. There isn't a regular flight schedule.
Doyou have any idea how many planes take offand land every day?
A ground crew kid won't remember a flight that landed fourweeks ago.
- How doyou know ifyou don't check? - Forget the flight!
Markinson will testify thatJessup refused to transfer Santiago.
He'll testify to the forged transfer, and that'll be enough.
That and Downey's testimony really ought to be enough.
Why did you go into Santiago's room on the night ofthe 6th?
To give Private Santiago a Code Red, ma'am.
Why did you give him a Code Red?
I was ordered to give him a Code Red by the platoon commander...
of Rifle Security CompanyWindward, LieutenantJonathanJames Kendrick.
You're gonna do fine.
You think they'll let us go back to our platoon soon, ma'am?
Absolutely.
Doyou remember the order ofquestions? Areyou sure?
And we'll use small words, 'cause he gets rattled ifhe doesn't understand.
- I'm just saying go slow. - I'm gonna go slow.
And get him off as fast as you can.
What? It's gonna be fine.
DearMr. andMrs. Santiago...
I was William's executive officer.
Iknewyourson vaguely, which is tosayIknewhisname.
Inamatteroftime, the trialofthe twomen...
chargedwithyourson's death willbe concluded...
andsevenmenandtwo women whomyou'venevermet...
will tryto offeryouan explanation as to why William is dead.
Formypart, I've doneasmuch as Ican tobring the truth tolight.
Andthe truth is this--
Yoursonis deadforonlyonereason--
I wasn'tstrongenough tostopit.
Always, Lieutenant Colonel MatthewAndrewMarkinson...
UnitedStates Marine Corps.
Private, I wantyou to tell us one last time.
Why did you go to Private Santiago's room on the night ofSeptember 6?
A Code Red was ordered by my platoon commander...
LieutenantJonathanJames Kendrick.
Thankyou.
Yourwitness.
Private, the week of2 September...
the switch log has you down at Post 39 until 1 600.
Is that correct?
I'm sure it is, sir. They keep that log pretty good.
How far is it from Post 39 to the Windward Barracks?
Well, it's a ways, sir. It's a hike.
About how far byJeep?
About ten or fifteen minutes, sir.
You ever had to walk it?
Yes, sir. That day, Friday. The pickup private--
That's what we call the guy who drops us offand picks us up...
also 'cause he can get girls in New York City.
The pickup private got a flat, sir, right at 39.
He pulled up and, bam, blowout with no spare.
So we had to double-time it back to the barracks.
And ifit's about ten or fifteen minutes byJeep, I'm guessing...
it must be a good hour by foot, am I right?
Pickup and me did it in 45 flat, sir.
Not bad.
You've said thatyour assault on Private Santiago...
was a result ofan order that Lieutenant Kendrick gaveyou...
in your barracks room at 1 620, am I right?
Yes, sir.
Butyoujust said thatyou didn't make it back to the barracks until 1 645.
Well, ifyou didn't make it back to the barracks until 1 645...
how could you be in your room at 1 620?
Well, you see, sir, there was a blowout--
Did you ever actually hear Lieutenant Kendrick order a Code Red?
Well, Hal said that--
Private, did you ever actually hear...
Lieutenant Kendrick order a Code Red?
I'd like to request a recess in order to conferwith my client.
- Why did you go into Santiago's room? - The witness has rights!
- The witness has been read his rights. - The question will be repeated.
Why did you go into Santiago's room?
Did Lance Corporal Dawson tell you to give Santiago a Code Red?
- Don't look at him! - Hal!
Answer the captain's question!
Yes, Captain, I was given an order by my squad leader...
Lance Corporal Harold W. Dawson, United States Marine Corps...
and I followed it.
Where doyou think he is?
As far as Downeywas concerned, it was an order from Kendrick.
It doesn't matter that he didn't hear it firsthand.
He doesn't distinguish between the two.
Danny, I'm sorry.
Don't worry about it.
Sam and I werejust talking about how all we really have to do...
is call some witnesses who will talk about implied orders.
Maybe we can put Downey back on the stand before we get to Dawson.
Ifwe work at it, we can get Dawson charged with the Kennedy assassination.
Areyou drunk?
Pretty much.
Yeah.
I'll put on a pot ofcoffee. We've got a long night's work ahead.
She's gonna make coffee.
That's nice.
Downeywasn't in his room.
Wasn't even there.
That was an important piece ofinformation, don'tyou think?
Danny, it was a setback, and I'm sorry.
But we fix it, and move on to Markinson.
Markinson's dead.
You really gotta hand it to those Federal Marshals, boy.
It's not like he hanged himself by his shoelaces...
or slashed his wrists with a concealed butter knife.
This guy...
got into full dress uniform, stood in the middle ofthat room...
drew a nickel-plated pistol from his holster...
and fired a bullet into his mouth.
Anyway, since we seem to be out of witnesses, I thought I'd drink a little.
I still thinkwe can win.
Maybeyou should drink a little.
We'll go to Randolph in the morning and make a motion for a 24-hour continuance.
- Whywould we want to do that? - To subpoena ColonelJessup.
- What? - Listen for a second. Hear me out.
I won't listen, and I won't hearyou out.
Your passion is compelling,Jo. It's also useless.
Louden Downey needed a trial lawyer today.
You're chickenshit.
You're gonna use what happened today as an excuse to give up.
It's over.
Why did you askJessup for the transfer order?
- In Cuba. Why? - What does it matter?
- I wanted the damn transfer order! - Bullshit.
You could've gotten it by calling any department at the Pentagon.
You didn't want the transfer order. You wanted to seeJessup's reaction.
You had an instinct, and it was confirmed by Markinson.
Let's putJessup on the stand and end this thing!
What possible good could come from puttingJessup on the stand?
He told Kendrick to order the Code Red.
He did? That's great! Why didn'tyou say so?
And ofcourse you have proofofthat!
Oh, I'm sorry. I forgot. You were sick the day they taught law at law school.
You put him on the stand, and you get it from him.
Oh, we get it from him! Yes! No problem!
ColonelJessup, isn't it true that you ordered the Code Red on Santiago?
- Listen, we're all a little-- - I'm sorry. Your time's run out.
What do we have for the losers? Well, for our defendants...
it's a lifetime at exotic Fort Leavenworth.
And for Defense Counsel Kaffee...
it's a court-martial!
Yes,Johnny, after falsely accusing...
a highly decorated Marine officer...
ofconspiracy and perjury...
Lieutenant Kaffee will have a long and prosperous career...
teaching typewriter maintenance at the Rocco Clubo School forWomen.
Thankyou for playing ''Should we or should we not...
follow the advice ofthe galactically stupid?''
I'm sorry I lost your set ofsteak knives.
Stop cleaning up.
- Want a drink? - Yeah.
- Is your father proud ofyou? - Don't do this toyourself.
I'll bet he is.
I'll bet he bores the shit out ofthe neighbors and relatives.
''Sam's made LawReview. He's got a big case he's making.
He's arguing. He's making an argument.''
I think my fatherwould've enjoyed seeing me graduate from law school.
I think he would've liked that an awful lot.
Did I ever tell you I wrote a paper aboutyour father in college?
Yeah?
One ofthe best trial lawyers ever.
Yes, he was.
IfI were Dawson and Downey and I had a choice...
between you oryour father to represent me in this case...
I'd chooseyou any day ofthe week and twice on Sunday.
You should've seen yourself thunder away at Kendrick.
Would you putJessup on the stand?
- Doyou think my fatherwould have? - With the evidence we got?
Not in a million years.
But here's the thing-- and there's really know way ofgetting around this--
Neither Lyle Kaffee nor Sam Weinberg are lead counsel for the defense...
in the matter of U.S. v. DawsonandDowney.
So there's really only one question-- What would you do?
Jo, get in the car. Joanne, please get in the car.
Look--
I apologize. I was angry. I'm sorry about what I said.
I'm gonna putJessup on the stand.
Whatdoyousuggest we do?
I saywe hitJessup with the phony transfer order.
What's a transfer order without a witness?
- We have a witness. - A dead witness.
In the hands ofa lesser attorney, that would be a problem.
Look at this. Last night he's swimming inJack Daniels...
and now he can leap tall buildings in a single bound.
I'm getting my second wind. Sit down, both ofyou.
Good.Jessup told Kendrick to order the Code Red. Kendrick did.
Our clients followed the order. The cover-up isn't our case.
To win,Jessup needs to tell the court members that he ordered the Code Red.
- You thinkyou can get him to say it? - I think he wants to say it.
I think he's pissed off that he's got to hide from us.
I think he wants to say that he made a command decision, and that's the end.
He eats breakfast 300 yards away...
from 4,000 Cubans that are trained to kill him.
No one's gonna tell him how to run his unit.
Least ofall the Harvard mouth in his faggotywhite uniform.
I need to shake him, put him on the defensive...
and lead him right where he's dying to go.
- That's it? That's the plan? - That's the plan.
- How areyou gonna do it? - I have no idea.
- I need my bat. - Yourwhat?
I think betterwith my bat. Where's my bat?
- I put it in the closet. - You put it in the closet?
- I was tripping on it. - Don't ever put that bat in the closet.
- He thinks betterwith his bat? - I can understand that.
Stay here. I'm going to the office for a while.
He does think betterwith that bat.
Sam, I need you to do something for me.
- What's going on? - Gotta go out to Andrews.
- Where's Sam? - He's on his way.
- Did he get the guys? - Yeah.
Listen, can I talk toyou for a second?
Oh, yeah, sure.
Howyou feeling?
Well, I thinkJessup's gonna have his hands full today.
Listen, Danny...
when you're out there today...
ifyou feel like it's not gonna happen...
ifyou feel like he's not gonna say it...
don't go for it.
You could get in trouble.
I'm special counsel for Internal Affairs...
and I'm telling you you could get in a lot oftrouble.
Wait, Lieutenant Commander Galloway...
you're not suggesting that I back offa material witness?
Ifyou thinkyou can't get him, yeah.
Allrise.
- Where's Sam? - He's on his way.
- Call your first witness. - Where is he?
- He'll be here. - Lieutenant.
Call yourwitness.
Defense calls Colonel NathanJessup.
ColonelJessup, would you raise your right hand please, sir?
Doyou solemnly swear that the testimony you will give in this court-martial...
will be the truth, the whole truth and nothing but the truth?
Yes, I do.
Have a seat please, sir.
Would you stateyour name, rank and current billet for the record, sir?
Colonel Nathan R.Jessup, commanding officer...
Marine Ground Forces, Guantanamo Bay, Cuba.
- Thankyou, sir. - He's not here.
Colonel, when you learned ofSantiago's letter to the N.I.S....
you had a meeting with your two senior officers.
- Is that right? - Yes.
The platoon commander, LieutenantJonathan Kendrick...
and the executive officer, Lieutenant Colonel Matthew Markinson.
Yes.
And at present Colonel Markinson is dead. Is that right?
Objection. I'd like to knowjust what the defense counsel is implying.
I'm implying simply that at present Colonel Markinson is not alive.
ColonelJessup doesn't need to appear in court to confirm that information.
I just wasn't sure the witness was aware that two days ago...
the colonel took his own life with a .45-caliber pistol.
The witness is aware, the court is aware...
and now the court members are aware.
We thankyou for bringing this to our attention.
Move on, Lieutenant..
Yes, sir.
Colonel, you gave Lieutenant Kendrick an order at this meeting, right?
I told Kendrick to tell his men that Santiago wasn't to be touched.
And did you give an order to Colonel Markinson as well?
I ordered Markinson to have Santiago transferred offthe base immediately.
Why?
I felt his life might be in danger once word ofthe letter got out.
Grave danger?
Is there another kind?
Colonel, we have the transfer order thatyou and Markinson co-signed...
ordering that Santiago be on a flight leaving Guantanamo at 6:00 the next day.
- Was that the first flight? - The 0600 was the first flight.
You flew up to Washington this morning. Is that right?
I noticeyou're wearing your class ''A'' dress uniform in court today.
- As areyou, Lieutenant. - Did you wear that on the plane?
Please the court, is this dialogue relevant to anything--
Defense didn't have the opportunity to depose this witness.
- I'd ask for a little latitude. - A very little latitude.
I wore utilities on the plane.
- You broughtyour dress uniform? - Yes.
- Toothbrush, shaving kit, underwear? - Your Honor!
Is the colonel's underwear a matter ofnational security?
Gentlemen! You better get somewhere fast with this, Lieutenant.
Yes, sir. Colonel?
I brought a change ofclothes and some personal items.
Thankyou.
After Dawson and Downey's arrest on the night ofthe sixth...
Santiago's barracks were sealed off and its contents inventoried.
'' Four pairs camouflage pants, three long-sleeve khaki shirts...
three pairs ofboots, four pairs green socks, three green T-shirts--''
Please the court, is there a question anywhere in our future?
Lieutenant Kaffee, I have to askyou to stateyour question.
I'm wondering why Santiago wasn't packed.
I'll tell you what. We'll get back to that one in a minute.
This is a record ofall phone calls made from your base in the past 24 hours.
After being subpoenaed to Washington, you made three calls.
Doyou recognize those number, sir?
I called Colonel Fitzhughes in Quantico, Virginia.
I wanted to let him know that I would be in town.
The second call was to arrange a meeting with Congressman Richmond...
ofthe House Armed Services Committee.
And the third call was to my sister Elizabeth.
Why did you make that call, sir?
I thought she might like to have dinner tonight.
- I'm gonna stop this. - These are phone records from Gitmo...
for September 6, and these are 1 4 letters...
that Santiago wrote in nine months...
requesting-- in fact, begging-- for a transfer.
Upon hearing the news that he was finally getting his transfer...
Santiago was so excited that doyou know how many people he called?
Zero. Nobody.
Not one call to his parents saying he was coming home.
Not one call to a friend, saying, ''Can you pick me up at the airport?''
He was asleep in his bed at midnight, and according toyou...
he was getting on a plane in six hours.
Yet everything he owned was hanging neatly in his closet...
and folded neatly in his footlocker.
You were leaving for one day. You packed a bag and made three calls.
Santiago was leaving for the rest ofhis life...
and he hadn't called a soul...
and he hadn't packed a thing.
Can you explain that?
The fact is, there was no transfer order.
Santiago wasn't going anywhere. Isn't that right, Colonel?
Objection. Your Honor, it's obvious that Lieutenant Kaffee's intention...
is the smear a high-ranking Marine officer...
in the hope that the mere appearance ofimproprietywill win him points.
It's my recommendation, sir, that Lieutenant Kaffee be reprimanded...
and the witness be excused with the court's deepest apologies.
Overruled. Your objection is noted.
Is this funny, sir?
No, it's not. It's tragic.
- Doyou have an answer? - Absolutely.
My answer is, I don't have the first damn clue.
Maybe he was an early riser and liked to pack in the morning.
And maybe he didn't have any friends.
I'm an educated man, but I'm afraid I can't speak intelligently...
about the travel habits ofWilliam Santiago.
What I do know is that he was set to leave the base at 0600.
Now, are these really the questions that I was called here to answer?
Phone calls and footlockers?
Please tell me thatyou have something more, Lieutenant.
These two Marines are on trial for their lives.
Please tell me that their lawyer hasn't pinned their hopes to a phone bill.
Doyou have any other questions for me, counselor?
Lieutenant, doyou have anything further for this witness?
Thanks, Danny. I love Washington.
Excuse me. I didn't dismiss you.
I beg your pardon?
I'm not through with my examination. Sit down.
- Colonel. - What's that?
I'd appreciate it ifyou'd address me as ''colonel'' or ''sir.''
I believe I've earned it.
Defense counsel will address the witness as ''colonel'' or ''sir.''
I don't know what the hell kind ofunityou're running here.
The witness will address this court as ''judge'' or ''your honor.''
I'm quite certain I've earned it. Takeyour seat, Colonel.
What doyou want to discuss now? My favorite color?
Colonel, the 6:00 a.m. flight was the first one offthe base?
Yes.
There wasn't a flight that left seven hours earlier...
and landed at Andrews Air Force Base at 2:00 a.m.?
Lieutenant, I think we've covered this, haven't we?
Your Honor, these are the tower chief´s logs...
for both Guantanamo Bay and Andrews Air Force Base.
The Guantanamo log lists no flight that left at 1 1 :00 p.m.
The Andrews log lists no flight that landed at 2:00 a.m.
I'd like to admit them as defense exhibits Alpha and Bravo.
I don't understand. You're admitting evidence ofa flight that never existed.
We believe it did, sir.
Defense will be calling Airmen Cecil O'Malley and Anthony Rodriguez.
Theywere working the ground crew at Andrews at 2:00 a.m. on the 7th.
- These men weren't on the list. - Rebuttal witnesses, Your Honor...
called specifically to refute testimony offered under direct examination.
- I'll allow the witnesses. - This is ridiculous.
- Colonel, a moment ago-- - Check the tower logs, for God's sake!
We'll get to the airmen injust a minute, sir.
A moment agoyou said that you ordered Lieutenant Kendrick...
to tell his men that Santiago wasn't to be touched.
That's right.
And Lieutenant Kendrickwas clear on whatyou wanted?
Crystal.
Any chance Lieutenant Kendrick ignored the order?
Ignored the order?
Any chance he forgot about it?
Any chance Lieutenant Kendrick leftyour office and said, ''The old man is wrong''?
When Lieutenant Kendrick spoke to the platoon...
and ordered them not to touch Santiago, any chance they ignored him?
You ever served in an infantry unit, son?
- No, sir. - Ever served in a forward area?
Ever putyour life in another man's hands?
Asked him to put his life in yours?
We follow orders, son.
We follow orders, or people die.
It's that simple. Are we clear?
Yes, sir.
Are we clear?
Crystal.
I havejust one more question before I call Airmen O'Malley and Rodriguez.
Ifyou gave an order that Santiago wasn't to be touched...
and your orders are always followed...
then whywould Santiago be in danger?
Whywould it be necessary to transfer him offthe base?
Santiago was a substandard Marine.
- He was being transferred-- - That's not whatyou said!
You said he was being transferred because he was in grave danger.
I said, ''Grave danger?'' You said, ''Is there any other kind?''
- I recall what I said. - I can have it read back toyou.
I know what I said! I don't have to have it read back to me.
Then why the two orders? Colonel?
Sometimes men take matters into their own hands.
You've made it clear thatyour men never take matters into their own hands.
Your men follow orders, or people die.
So Santiago should have been in danger, should he?
- You snotty little bastard. - I'd like to ask for a recess.
- I'd like an answer to the question. - The court will wait for an answer.
If Lieutenant Kendrick gave an order...
that Santiago wasn't to be touched...
then why did he have to be transferred?
Lieutenant Kendrick ordered the Code Red because that's whatyou told him to do!
- Object! - And then you cut these guys loose!
- I'll hold you in contempt. - You doctored the logbook!
- Damn it, Kaffee! - Consideryourselfin contempt.
ColonelJessup, did you order the Code Red?
- You don't have to answer that. - I'll answer the question.
- You want answers? - I think I'm entitled!
- You want answers? - I want the truth!
You can't handle the truth!
Son, we live in a world that has walls...
and those walls have to be guarded by men with guns.
Who's gonna do it? You? You, Lieutenant Weinberg?
I have a greater responsibility than you can possibly fathom.
You weep for Santiago, and you curse the Marines.
You have the luxury ofnot knowing what I know--
that Santiago's death, while tragic, probably saved lives.
And my existence, while grotesque and incomprehensible toyou, saves lives!
You don't want the truth because deep down you don't talk about...
you want me on that wall.
You need me on that wall!
We use words like honor, code, loyalty.
We use these words as the backbone ofa life spent defending something.
You use them as a punch line.
I have neither the time nor the inclination to explain myself...
to a man who rises and sleeps under the blanket ofthe freedom I provide...
and then questions the manner in which I provide it!
I would ratheryoujust said thankyou and went on yourway.
Otherwise, I suggestyou pick up a weapon and stand a post.
Eitherway, I don't give a damn whatyou thinkyou are entitled to!
Did you order the Code Red?
- I did thejob-- - Did you order the Code Red?
You're goddamned right I did!
Please the court, I suggest the members be dismissed...
so that we can move to an immediate Article 39-A session.
The witness has rights.
Captain Ross?
The members ofthe court will retire to an anteroom until further instructed.
All rise.
What the hell is this? Colonel, what's going on?
I did myjob. I'd do it again.
I'm gonna get on a plane and go on back to my base.
You're not going anywhere, Colonel. M.P.s, guard the colonel.
Yes, sir.
- Captain Ross. - What the hell is this?
ColonelJessup, you have the right to remain silent.
I'm being charged with a crime? Is that what this is?
- I'm being charged with a crime? - You have a right to consult a lawyer.
- This is funny. That's what this is. - This lawyer may be appointed byyou.
I'm gonna rip the eyes out ofyour head and piss in your dead skull!
You fucked with the wrong Marine!
ColonelJessup, doyou understand these rights as I havejust read them?
You fucking people.
You have no idea how to defend a nation.
All you did was weaken a country today, Kaffee.
That's all you did.
You put people's lives in danger. Sweet dreams, son.
Don't call me son.
I'm a lawyer and an officer in the United States Navy...
and you're under arrest, you son ofa bitch.
The witness is excused.
All rise.
Have the members reached a verdict?
We have, sir.
Lance Corporal Dawson and Private First Class Downey.
On the charge ofmurder, the members find the accused...
not guilty.
On the charge ofconspiracy to commit murder...
the members find the accused not guilty.
On the charge ofconduct unbecoming a United States Marine...
the members find the accused guilty as charged.
The accused are hereby sentenced to time already served...
and you are ordered to be dishonorably discharged from the Marine Corps.
This court-martial is adjourned.
All rise.
What does that mean?
What did that mean?
I don't understand. ColonelJessup said he ordered the Code Red.
- I know. - What did we do wrong?
- It's not that simple. - We did nothing wrong!
Yeah, we did.
We were supposed to fight for people who couldn't fight for themselves.
We were supposed to fight forWillie.
I have to take these men over to personnel for some paperwork.
You don't need to wear a patch on your arm to have honor.
There's an officer on deck.
Airmen Cecil O'Malley and Anthony Rodriguez--
What exactlywere these guys gonna testify to?
Unless I'm mistaken, theywere both gonna testify under oath...
that they had absolutely no recollection ofanything.
- Strong witnesses. - And handsome too, don'tyou think?
I'll seeyou around campus. I gotta go arrest Kendrick.
Tell him I say hi.