Captain, I'd like to request that it be me who's the attorney ...
That it be myself who's assigned ... No, that it be I who am assigned ...
That it be / who am assigned? That's confidence inspiring!
Good grammar, there!
- Lieutenant Commander GaIloway. - Captain West is expecting you.
Jo, come on in.
Lt. Commander GaIloway. You know Commander Lawrence?
- I appreciate you seeing me. - WiII you sit down? Have a seat!
- We've had some trouble in Cuba? - Yes, sir. Last Friday.
Corporal Dawson and Private Downey assauIted Private WiIliam Santiago.
Santiago died in hospital an hour Iater.
NavaI InteIligence Service says the two men -
- wanted to stop Santiago naming Dawson in a fenceline shooting.
- The hearing's at 1600 hours. - What's the probIem?
They're both model marines. Santiago was a screw-up.
- It sounds like a Code Red. - Christ!
I'd Iike to have them assigned counsel.
Someone who has both the legal skiII and a famiIiarity with the military.
I'd Iike to suggest that l be the one who that ...
... that it be me who is assigned to represent them, myself.
- Why don't you get a cup of coffee? - I'm fine, sir.
Leave the room, so we can talk about you behind your back.
- Do Code Reds stiII go on? - Who knows what goes on there?
We'd better find out soon. What about this Commander Galloway?
She's been working a desk at Internal Affairs for a year.
- She did three cases in two years. - She's not very fast!
- She's not a Iitigator. - But she's a great investigator!
I know: aII passion, no street smarts. Bring her back in.
Jo.
We'lI have them moved here and assigned counsel.
But ... not me?
You're too valuable to waste -
- on a five-minute plea bargain and a week's paperwork.
- There might be more involved ... - Division wiII find the right man.
Let's go, Iet's get two!
- Sorry. - Look the baII into your gIove.
Keep your eyes open! Then you'II have a better chance.
- Kaffee! - You seem distraught.
You're stalling on the McDermott case.
We do it now, or I'll hang him from a yardarm!
- Do we hang peopIe from yardarms? - I don't think so.
Sherby doesn't think we do that any more.
I'm charging him with possession. Plead guilty and he'lI get 30 days.
- it was oregano! - He thought it was marijuana.
He's a moron. That's not iIIegaI.
- I'm gonna charge him! - With possession of a condiment?
- I'll file a motion to dismiss. - You won't get it!
I'll ask for an evidentiary ruIing, then Iook for bail reIease ...
You'II get three months' paperwork because he smoked a bag of oregano.
- 20 days in the brig! - 15 days' restricted duty.
- Why am I agreeing? - You have wisdom beyond your years.
Good morning ... How's the baby, Sam?
- She'II say her first word soon. - How can you telI?
She just Iooks like she has something to say.
- Sorry I'm Iate. - l won't ask you for a bad excuse.
- Thank you, sir. - This first one's for you.
You're moving up in the worId. Division wants you.
- To do what? - Guantanamo Bay, Cuba.
A Marine Corporal named Dawson fired over the fenceline into Cuba.
What's a fenceline?
- Between good guys and bad guys. - Teacher's pet.
Santiago threatens to rat on Dawson to Naval Investigators.
Dawson and Private Louden Downey -
- tie Santiago up, and stuff a rag down his throat.
An hour Iater, he's dead. There was a toxin on the rag.
- They poisoned the rag? - Not according to them.
They get here tomorrow. On Wednesday, 0600, you fly to Cuba.
In the meantime, go and see Lt. Commander JoAnne GalIoway.
- Any questions? - I fIy at 0600? ln the morning?
We'lI go by the book, so I'm assigning co-counseI.
- Any voIunteers? - No. l've a stack of papers to do.
- Work with Kaffee. - For just four days?
Doing various administrative ... things.
In other words, no responsibilities? My kind of case!
Right, but I need that report by Wednesday.
- Hi! - Hold on ... Hi!
DanieI Kaffee. I was toId to meet ...
...Lieutenant Commander GaIloway.
- About a briefing. - l'II calI you back.
- You're the attorney? - Yes, and this is Sam Weinberg.
- l have no responsibiIities. - Have a seat.
- Have you been in the Navy long? - Nine months now.
- And when did you graduate? - A year ago.
- I see. - Have I done something wrong?
When I asked for counsel, I hoped to be taken seriously.
No offence taken.
He's our best Iitigator. He obtained 44 plea bargains in nine months.
- AImost got my steak knives. - Have you ever been in court?
I had my licence suspended ... They need a priest, not a Iawyer.
No, they'II need a Iawyer.
Dawson's famiIy has been contacted. Downey just has his aunt.
- ShaIl I contact her? - Sure, if you feeI Iike it.
You'Il be seeing CoIoneI Jessep. You've heard of him?
Who hasn't?
The papers say he's tipped for the NationaI Security CounciI.
- Santiago sent these from GlTMO. - That's Guantanamo Bay.
He wrote to aII the senior officers, even his senator.
He wanted a transfer. No one Iistened. Are you with me?
Then he offered to trade information about the shooting for a transfer.
Right. Is that aII?
It seems your cIient had a motive to kiII Santiago.
- Got you! And Santiago is ... who? - The victim.
These Ietters are not fIattering about Marine Corps life?
And an investigation might embarrass the Security Council guy?
- CoIoneI Jessep ... - 12 years.
If they drop ''conspiracy'' and ''conduct unbecoming''.
- You haven't done anything yet! - Impressive, huh?
- You'll have to go deeper. -Do you have jurisdiction here?
My job is to make sure you do your job.
So my jurisdiction's in your face.
Read the Ietters. Report when you return from Cuba.
- Dismissed! - I aIways forget that part.
He's preoccupied. He has a basebaII game next week.
TeIl him not to get cute. Guantamo marines are fanaticaI.
- About what? - About being marines.
"My name is PFC Wi//iam Santiago -
- of Rifle Security Company Windward, 2nd Platoon Bravo.
I am writing to inform you ofmy problems here in Cuba.
I've faIIen out of runs before, because of dizziness or nausea.
On May 18th, I'd fa//en back about 20 yards going down a rocky hilI.
My sergeant pushed me down the hiI/, then I saw a/I bIack and feII down.
The hospitaI said it was heat exhaustion.
I ask your help. I need a transfer out of RSC.
SincereIy, PFC Wi//iam T. Santiago, US Marines. "
"PS: In exchange for my transfer, -
- I have information about the shooting on August 2nd. "
Who the fuck is PFC WiIIiam T. Santiago?
He's in 2nd PIatoon Bravo, sir.
ApparentIy he's not happy here at Shangri-la.
He's asked everyone but Santa Claus for a transfer.
Now he's telling taIes about a fenceIine shooting. Matthew?
- I'm appalIed, sir. - You're appalIed.
This kid ratted on a member of his unit, to say nothing of the fact -
- that he's a US marine who can't run without colIapsing.
- What is going on in Bravo company? - Can we discuss it in private?
l can handIe this situation, sir.
Like you handIed Curtis BeII? Don't interrupt, I'm your superior!
And I'm yours, Matthew. What are we going to do about this?
- He should be transferred at once. - He's that bad?
If word of this Ietter gets out, he'Il get his ass whipped.
Transfer Santiago? You're right. Yes, that's the thing to do.
Wait! I've got a better idea.
Let's transfer the whoIe squad.
No, Iet's transfer the whole division off the base.
Jon, go and teII the boys to pack their bags.
Tom!
Get me the President. We're surrendering our position in Cuba.
Wait a minute, Tom. Maybe we shouId consider this for a second.
Dismissed, Tom.
I'm just spit-baIIing here, -
- but maybe it's our responsibiIity to train Santiago?
Maybe we have a responsibility to this country to see -
- that those protecting it are trained professionals.
I think I read that somewhere once.
And I'm thinking, CoIoneI, that your idea of transferring Santiago, -
- whiIe expeditious and painIess, -
- might not be quite the American Way?
Santiago stays where he is.
We're going to train the lad. Jon, you're in charge.
If Santiago doesn't get 4.6, 4.6 in his next proficiency report, -
- I'm going to bIame you. And then I'll kiII you.
I think that's a mistake, CoIoneI.
Matthew, I think I'II have that word in private now.
That's alI. Meet me at the ''O"' cIub. We'lI talk about WiIIiam's training.
- I'lI weIcome your suggestions. - Dismissed.
Matthew, sit down. PIease.
- What do you think of Kendrick? - I don't think my opinion ...
I think he's a bit of a weaseI.
But he's a very good officer, and we agree on how to do our job.
Our business is saving Iives. We have to take that seriously.
I believe that if we transfer a marine who is not up to the job, -
- we put lives in danger. Sit down, Matthew.
We went to the Aoademy together, served in Vietnam together.
But I've been promoted with more speed and success than you.
If that causes you tension or embarrassment, I don't give a shit.
Our business is saving Iives, Lieutenant CoIonel Markinson.
Don't ever question my orders in front of another officer.
AII the paperwork's in order. Step over there.
- HaI, is this Washington D.C.? - AlI right, Iet's move.
I wanted to taIk to you about Dawson and Downey.
- Say again? - Dawson and Downey.
- The names seem famiIiar, but ... - Your cIients?
The Cuba thing! Oh yeah, right.
I've done something wrong again.
Why are they sitting in jaiI whiIe you're hitting a baII?
- We need to practice. - That wasn't funny.
WouId you be insulted if I recommended another counseI?
- Why? - I don't think you're up to it.
You don't even know me! It usuaIIy takes people hours to find that out.
That was funny!
You're wrong. l do know you.
DanieI AIistair Kaffee, born June 8th, 1964, in Boston.
Son of LioneI Kaffee, former Attorney-GeneraI, died 1985.
You went to Harvard, then joined the Navy, because your father wanted it.
You're just treading water here until you get a reaI job.
But that's fine, l won't telI.
But if you handIe this case in your usuaI sIick manner, -
- then something's gonna get missed.
I can't Iet Dawson and Downey sit in jaiI -
- because you chose the path of Ieast resistance.
Wow! l"m sexuaIIy aroused, Commander!
I don't think it was murder. There was no intent.
Santiago asphyxiated from acute lactic acidosis.
It was suggestive of poison. Whatever that means, it sounds bad.
When he died, the doctor didn't know the reason.
- Two hours Iater, he said poison. - Was it Prof. PIumb in the Iibrary?
I'Il see your supervisor.
He's in the big white house with the piIlars.
I don't think you'II have much Iuok. Division must think I'm good.
l appreciate your interest and enthusiasm, but I can handle things.
Do you know what a Code Red is?
What a pity.
Officer on deck, ten-hut!
CorporaI Dawson, sir! RSC Company Windward!
You haven't been ''working weII with others'', HaroId!
PFC Louden Downey, sir!
I'm DanieI Kaffee, this is Sam Weinberg. Sit down.
This your signature? Don't say sir. Is this yours ?
- Sir,yes, sir! - At least don't say it twice.
- What's a Code Red? - It's a discipIinary action.
If a marine faIIs out of Iine, the others get him on track.
- What's the garden variety? - Sir?
You say ''sir"' and l look for my father. Danny, DanieI Kaffee.
What's a typicaI Code Red?
If a marine won't bathe, the men give him a GI shower.
- And what's that? - Scrub brushes, steeI wooI.
Was the attack on Santiago a Code Red?
Does he ever taIk?
He wiII answer any direct question.
- Was there poison on the rag? - No, sir.
- Turpentine, anti-freeze? - We were going to shave his head.
- When suddenly ... - BIood was dripping down his mouth.
There was blood alI over his face, so Dawson caIIed the ambuIance.
- Did anyone see you caII it? - No, sir.
- Were you there when it arrived? - Yes, and we were arrested.
Did you on Aug. 2nd fire a shot across the fenceIine into Cuba?
Yes, sir. My mirror engaged, sir.
Every American sentry has a Cuban counterpart. His '"mirror''.
Santiago's Ietter says you fired iIIegalIy.
He says the ''mirror'' never made a move.
HaroId ...? You see what I'm getting at?
Why eIse wouId you give him a Code Red?
He broke the chain of command. He went outside his unit.
He shouId have spoken to me first, then his sergeant ...
AII right. Did you intend to kiIl Santiago?
- No sir, to train him! - Train him to do what?
To think of his unit before himself. To respect the code.
- What's the code? - Unit, Corps, God, Country!
- Pardon? - Unit, Corps, God, Country ... sir.
The government wants to charge you with murder.
You want me to telI the prosecutor 'Unit, Corps, God, Country' ?
That's our code, sir.
That's your code. We'II be back.
- You need anything? Books, papers? - No thank you, sir!
There's a concept you'd better get used to.
- Sir? - I'm the onIy friend you've got.
- WeIcome to the big time! - You think so?
I hope you're better at Iaw than at softbaII.
UnfortunateIy l pIay softbaII best. I'm off to Cuba, JaneIIe!
Say hi to Castro for me.
If they pIead guiIty they get 20 years and serve haIf.
- 12. They caIIed the ambuIance. - They kilIed a marine.
The Iab says maybe the rag was poisoned.
The Chief of lnternaI Medicine says he's sure.
- What do you know about Code Reds? - Oh, man ...
Are we off the record?
You'II get the 12 years. But you shouId know -
- Lieutenant Kendrick specificaIIy told the men not to touch Santiago.
- We playing hoops tomorrow? - Do we have a deaI?
I'lI talk to you when I get back.
- Any Iuck getting me repIaced? - Everyone's your friend.
Listen, l came to make peace. What do you say, friends?
I took Downey the comic books he wanted.
He hardIy knows why he's been arrested.
- Look, Commander ... - CaII me JoAnne. Or Jo.
You contact them again, I'Il have you disbarred. Friends?
I had authorization from Ginny MiIIer, his aunt.
- Aunt Ginny authorized you? - I caIled her.
- We spoke for an hour. - You were authorized by Aunt Ginny.
- it's within my province. - We can hoId the triaI in her barn.
I'Ii sew the costumes, UncIe Goober can be judge.
I'm going to Cuba with you tomorrow.
''And the hits just keep on coming.''
- How's it going, Luther? - Another day, another doIIar.
- PIay as they lay. - What goes around comes around.
- I got my heaIth. - You got everything. See you!
Not if I see you first.
You're my witness: the baby spoke. She said a word.
- She made a sound. - Come on! It was definiteIy a word.
You heard her. She pointed and said ''Pa''.
- She was pointing at a mailbox. - Yes. ''Pa! Look, a maiIbox.''
- Jack Ross offered me the 12 years. - That's what you wanted, right?
- I mean ... l guess I'II take it. - So ..?
- It took about 45 seconds. - Take the 12 years, it's a gift.
You don't beIieve them. You think they shouId get life.
I beIieve every word of their story, and I think they shouId get Iife.
See you tomorrow.
- Don't forget to wear the whites! - I don't Iike them.
We're going to Cuba. You got Dramamine?
- That keeps you cooI? - No, but you get airsick.
It's because l'm afraid of crashing. Dramamine won't help.
I got some oregano, l hear that works.
Ross said a strange thing, just before I Ieft.
He said Lt. Kendrick had toId the men not to touch Santiago.
- So? - I don't even know who Kendrick is.
What the heII. See you tomorrow.
I'm Corporal Barnes, l'II escort you to the Windward side of the base.
l have camoufIage jackets, I suggest you wear them.
We're going cIose to the fenceIine.
lf the Cubans see an officer in white they might take a shot.
Good caII, Sam.
We'II just take the ferry.
- We're taking a boat? - Across the bay.
No one mentioned a boat. l'm just not crazy about them.
- Jesus Christ, you're in the Navy! - Nobody likes her very much.
Nathan Jessep. Come on in.
DanieI Kaffee, attorney.
Lt. Commander JoAnne GaIIoway.
Observing and evaluating. Lt. Weinberg, my assistant.
This is CoIoneI Markinson, and PIatoon Leader Lt. Kendrick.
Lieutenant Kaffee.
I met your father once. He spoke at my high schooI.
- LioneI Kaffee? - Yes, sir.
Jon, this man's dad once made a lot of enemies.
Jefferson versus Madison County SchooI District.
They didn"t want a bIack girI in a white school.
Lionel Kaffee said, ''We'll see about that.''
- How the heII is your dad, Danny? - He passed away seven years ago.
- Don't l feel Iike an asshoIe! - Not at aII, sir.
- What can we do for you, Danny? - Not much, sir.
This is reaIIy just a formaIity.
- They insist we interview everyone. - JAG Corps can be demanding.
Jon'II show you what you want to see, then we can meet for lunch.
You met with the men that afternoon. What did you say?
I toId them we had an informer, -
- but that Private Santiago was not to be harmed.
- What time was that? - 1600.
That's four o'cIock.
We shouId make sure somebody gets this to his parents.
- Lt. Kendrick, may I caIl you Jon? - No.
- Have l offended you? - No, I Iike aII you Navy boys.
When we have to fight, you feIIas aIways give us a ride.
Do you think he was murdered?
I beIieve in God and Jesus Christ, so I'lI say this:
Santiago's death is a tragedy.
But he died because he had no code, and no honour. And God was watching.
- How do you feeI about that theory? - Sounds good.
Are you going to investigate, or just take the guided tour?
I'm pacing myseIf.
They ran around looking for something white to wave.
Some of them surrendered to a crew from CNN.
WaIk softly and carry an armoured tank division, I aIways say.
That was delicious.
- l do have to ask some questions. - Shoot!
An NIS agent told you that Santiago knew about a fenceIine shooting.
Santiago was going to say who did it in exchange for a transfer.
If you feel there are any detaiIs I'm missing, teIl me.
Thank you.
You calIed CoIoneI Markinson and Lt. Kendrick into your office. And?
We agreed that for his own safety he should be transferred.
Santiago was set to be transferred?
On the first flight to the States. 0600 next morning.
Five hours too late, it turned out.
AlI right, that's aIl. Thanks very much for your time.
The corporal wiIl drive you back.
- Wait, I've got some questions. - No, you don't. No!
On the morning of the death, did you meet Dr. Stone?
- Of course. One of my men was dead. - You see? He was dead. Let's go.
- Have you ever heard of Code Red? - I've heard the term, yes.
In February, you received a memo from the FIeet Commander -
- warning against enIisted men discipIining their own?
Whoever wrote that memo has never Iooked down a Cuban AK-47 rifIe.
However, l gave it due attention. What is your point, Jo?
She has no point, it's part of her charm. Goodbye!
My point is that I think Code Reds stiIl go on. Do they?
- He doesn't need to answer that. - Yes, he does.
CoIoneI?
You know, it just hit me. She outranks you, Danny!
I want to teIl you something. Listen welI.
You're a very Iucky man.
There is nothing sexier then a woman you have to saIute in the morning.
Promote 'em aII, I say!
If you've never had a blowjob from a superior officer, -
- you've missed the best in Iife. - Code Reds are stiII condoned here?
But I'Il just take coId showers tiII they eIect some gaI president.
- I need an answer to my question. - Watch your tone, Commander.
I'm a fair guy, but this fucking heat makes me crazy.
You asked me about Code Reds. On the record, I discourage it.
Off the record, it's an invaluable part of training.
If it goes on without my knowIedge, so be it. That's how I run my unit.
If you want to investigate me, take your chances.
I eat breakfast 300 yards from 4,000 Cubans trained to kiIl me.
So don't think you can come down here and make me nervous.
Let's go.
CoIoneI, I just need a copy of the transfer order.
Santiago's transfer order. For the fiIe.
- For the fiIe? - Yeah.
Of course you can have a copy. I'm here to help any way l can.
You beIieve that, don't you, Danny? That l'II heIp any way I can?
The corporaI wiIl take you by PersonneI and get it for you.
But you have to ask me nicely.
- I beg your pardon? - You have to ask me niceIy.
I can take buIIets, bombs and bIood. I don't want money or medaIs.
What I do want is for you, with your faggoty uniform and Harvard mouth, -
- to extend me some fucking courtesy.
You got to ask me nicely.
ColoneI Jessep, I'd Iike a copy of the transfer order. Sir.
No probIem.
- Who is it? - It's me.
I've realIy missed you. It's been three hours ...
Markinson's disappeared. He's gone U.A. Unauthorized Absence.
- When? - This afternoon, after we Ieft.
- I'Il find him in the morning. - l've aIready tried.
You're cIose to '"interfering with a government investigation.''
I'm Louden Downey's attorney now. Aunt Ginny feels Iike she knows me.
So I suggested that I get more directIy invoIved with the case.
She had Louden sign the papers an hour ago.
You're not making this up just to bother me?
- You're stiII Iead counseI. - SpIendid.
I think Kendrick ordered the Code Red, and so do you.
Ten-hut!
Did Kendrick order the Code Red? Not: ''Did you cIean the latrine?''
Did Lt. Kendrick order you to give Santiago a Code Red?
Yes, sir.
- Did he? - Yes, sir.
- Why didn't you say so before? - You didn't ask us, sir.
I get paid, no matter how Iong you spend in jaiI.
- I know you do, sir. - Fuck you, HaroId!
At ease. Let's sort this thing out.
There was a pIatoon meeting on September 6th.
Lt. Kendrick says he toId you nothing was to happen to Santiago.
ls this true? I want you to speak freely.
That's correct. But then he dismissed the platoon.
- What happened then? - Lt. Kendrick came to our room.
About five minutes after the meeting broke. About 16.20.
And then?
Lt. Kendrick ordered us to give Santiago a Code Red.
Jack! They were given an order.
- Jack ... - I'II be right back.
- Did you know about the order? - Jo GaIIoway: Downey's Iawyer.
- What are you accusing me of? - Did you?
He didn't know, or he wouId have had to tell us.
Now our clients might pIead not guilty and say they were ordered.
Kendrick told them not to touch Santiago.
And then he toId Dawson and Downey to give him a Code Red.
23 marines and a highly decorated Iieutenant disagree.
- Why did Markinson go U.A? - You'II never know.
You know what Markinson did for 1 7 years? CounterinteIligence.
Markinson's gone. There is no Markinson.
Look Danny, Jessep's star is on the rise.
Division want to spare him and the Corps any embarrassment.
I'II knock it down to invoIuntary manslaughter. Two years.
No, we're going to court.
You'II Iose. And if we go to court, I'II have to go alI the way:
Murder, conspiracy, conduct unbecoming.
Danny's got me by the baIIs here, but not in the courtroom.
He doesn't want to see them get Iife if they couId be home in six months.
That's the end of this negotiation. See you at the arraignment.
Here's the story: they're offering invoiuntary manslaughter. Two years.
You'II be home in six months.
Wow! You're the greatest Iawyer in the world! How can we thank you?
Did you hear what I just said? You'II be home in six months.
I'm afraid we can't do that, sir.
We can't make a deaI.
We did nothing but our job. I'Il accept the consequences.
But l won't say l'm guiIty, sir.
- Did she put you up to this? - We have a code, sir.
You and your code pIead not guiIty. You'II be in jaiI for Iife.
Do what I say, and you'II be home in six months.
Do it, HaroId. Six months, it's nothing!
- Permission to ... - Speak! Jesus!
What do we do then? After six months we'lI be dishonourabIy discharged.
- ProbabIy. - What do we do then, sir?
We joined the Marines because we wanted to Iive by a certain code.
You're asking us to say we have no honour, that we're not marines!
If what we did was wrong, I'II accept my punishment.
But l believe I did my job. I wilI not dishonour myself, my unit -
- or the Corps, so that I can go home in six months.
Sir!
I'd Iike to taIk to Corporal Dawson alone for a minute.
Sergeant!
- We'd like to go to another room. - Sit down.
You don't Iike me very much, do you?
Forget it, it doesn't matter.
You know ... Downey worships you.
He'lI do whatever you do.
Are you going to let this happen to him because of a code?
Do you think we were right? Do you?
I think you'd Iose.
You're such a coward. I can't beIieve you're in uniform.
I won't be responsibIe for this.
If you go to Leavenworth for Iife, I don't give a shit!
What about saIuting an officer when he Ieaves the room?
I don't beIieve it! He"s going to jaiI to spite me!
If he wants to jump off a cIiff, that's his business.
- How do l get him a new lawyer? - At the arraignment.
Just teII the judge you want new counseI assigned.
One thing, though. Be sure and ask niceIy.
- What do you want from me? - I want you to make an argument.
That didn't help Calley at My Lai, or the Nazis at Nuremburg.
Do you think that's the same -
- as two teenagers executing an order they didn't think wouId harm?
Don't Iook now, but you're making an argument.
I'lI get them a new attorney.
What are you afraid of? You father's expectations?
Spare me the psychobabble! They'II just have another lawyer.
They need you. You know how to win.
If you waIk away from this now, you've sealed their fate.
Their fate was seaIed when Santiago died.
- Do they have a case? - You and Dawson are dreamers.
lt's not what I beIieve, but what I can prove.
So, don't telI me what l know or don't know. l know the Iaw!
You're just a used-car saIesman.
An ambulance-chaser with a rank. You're nothing. Live with that.
So I toId Duncan, ''If you want me to take this to court, -
- you'II get a year's paperwork -
- because a 90-year-old misread the Insurance Code.'"
Fifteen minutes later, he makes a deaI.
AII rise.
- Where are we? - Docket nr. 41 1275 VR/5.
The United States versus Corporal Dawson and Private Downey.
The accused are charged with murder, conspiracy and conduct unbecoming.
Does the defence wish to enter a pIea?
- They're not guiIty. - Enter a pIea of ''not guiIty'".
Adjourned untiI 10.00, three weeks from today, when we wiII reconvene.
Why would a Iieutenant with so IittIe experience get a murder case?
Would it be, so that it never sees the inside of a courtroom?
We'Il work at my apartment. Jo, bring Iegal pads and pens.
Sam, start a medical profile.
Jo, get Dawson's, Downey's and Santiago's conduct reports.
I've only got Yoo-hoo and Cocoa Puffs, so bring your own food.
So this is what a courtroom Iooks like!
Did you speak to your friend at the NIS?
She said, if Markinson doesn't want to be found, he won't be.
I could be Markinson, and you wouIdn't know.
- Are you Markinson? - No.
/'m not Markinson. That's two down.
What?
Now that JoAnne's on this ... Do you stiII need me?
They were ordered, Sam. They didn't know it was ilIegaI.
- Any decent person wouId have ... - They can't question orders.
What's the secret? I give orders nobody obeys!
We have softbaII and marching bands. They risk getting shot at.
I need you. You're better at research than I am.
And you know how to prepare a wItness.
I've got medicaI reports and Chinese food. Let's eat first.
What?
Got any kung pau chicken?
They can't prove there was poison. Code Reds are normal at Guantanamo.
And there was an order. Kendrick gave it, they had no choice.
- What about their motive? - That doesn't make them guiIty.
We'II deal with that Iater.
We must show that Santiago couId have died from something eIse.
Jo, find out aII about Iactic acidosis.
This is Lt. GaIIoway, I'm trying to find a Lt. CoI Markinson ...
Doctor, was there any sign of injury? Scrapes? Cuts?
Bruises? Broken bones? Any sign of violence?
- Other than the dead body? - l aIways waIk into that.
He ordered me and Dawson to give WiIIy a Code Red.
The answers must come faster. It's Iike he's searching for it.
And caII him Private Santiago. Wi//y is someone with a mother.
The jury has seven men and two women. AlI experienced officers.
The women have no chiIdren. Too bad.
A jury trial is about assigning blame.
Santiago's dead. They want to know who's to bIame. We say, Kendrick.
This won't be won by the Iaw, but by the Iawyers. So, poker faces.
If something goes wrong, don't hang your head or scribbIe.
Look Iike you expected it.
- Pass me documents ... - ''SwiftIy, and don't Iook anxious.''
That perfume wrecks my concentration.
l was taIking to Sam.
- What time is it? - Time to go home and sIeep.
- Give me a ride? - Sure.
- You're a good man, CharIie Brown. - See you in court, counseIIor.
I know. We've had our differences.
We both said things we didn't mean.
If you've gained some respect for me, I'm happy about that.
But it's no big deaI. You needn't say you Iike me.
I was just going to tell you to wear matching socks.
Okay. Good tip.
- We're ready. - You'd better beIieve it.
We're gonna get creamed.
- You are gonna save our son? - I'lI do my best.
Danny, meet Ginny MiIIer, Louden's aunt.
You're Aunt Ginny?
- I was expecting someone oIder. - So was I.
- Last chance. I'II fIip you for it. - Too Iate.
AIl having business with this court martiaI, stand forward.
ColoneI JuIius RandoIph presiding.
Is the government prepared to make an opening statement?
On September 6th, the accused entered P.F.C. Santiago's room.
They woke him, tied him, and forced a rag into his throat.
A reaction caIIed Iactic acidosis caused his Iungs to bleed.
He drowned in his own blood, and was dead at 00.37 a.m.
These are the undisputed facts of the case.
What I"ve just toId you is exactly what you will hear -
- from CorporaI Dawson and Private Downey.
We wilI aIso show that they soaked the rag in poison, -
- and entered Santiago's room with motive and intent to kiII.
Lt. Kaffee is going to try and work a IittIe magic here.
He'II try a littIe misdirection. Astonishing stories of rituaIs.
DazzIe you with officiaI-sounding terms Iike ''Code Red''.
He may even try to cut into a few officers.
He has no evidence, but it'Il be entertaining.
But in the end, aII this magic wilI not obscure the fact -
- that WiIIy Santiago is dead, and Dawson and Downey kiIled him.
- These are the undisputed facts. - Lt. Kaffee.
It is futile to try and prove that there was poison or intent to kilI.
Dawson and Downey didn't go to Santiago seeking vengeance.
And they weren't looking for kicks. They were ordered to do it.
l'II say that again: They were ordered to do it.
In the real worId, or here in Washington, that doesn't mean much.
But if you're a marine in Guantanamo Bay, Cuba, -
- you folIow orders, or you pack your bags.
Dawson and Downey are sitting here because they did their job.
- CaII the first witness. - We caIl Mr. R.C. McGuire.
Raise your right hand, pIease.
Will you teII the truth, the whoIe truth, and nothing but the truth?
Yes.
State your name and occupation.
Robert C. McGuire, SpeciaI Agent, NIS.
Did you receive a Ietter from PFC Santiago on the 3rd of September?
Yes. It said that a member of the unit had shot across the fenceIine.
Was he named?
No. I toId CoIoneI Jessep that l would be coming down to investigate.
OnIy one sentry had a buIIet missing.
- Who was that? - CorporaI Harold Dawson.
- What did Dawson say about this? - That he was engaged by the enemy.
- But you don't believe him? - I'ts not ...
Why was Dawson never charged?
- There wasn't enough evidence. - Thank you.
Why was there not enough evidence? You had the letter.
Santiago was the onIy eyewitness. I had no chance to interview him.
- And now we'II never know, right? - No.
- No more questions. - The witness is excused.
CorporaI CarI Hammaker, RSC Windward, 2nd PIatoon Bravo.
Were you present at a meeting held by Lt. Kendrick on September 6th?
- Yes, sir. - What was said there?
Lt. Kendrick told us we had an informer.
That Santiago had reported to the NIS on a member of our platoon.
- Did that make you mad? TruthfuIIy? - Yes, sir.
- How mad? - Santiago betrayed our code.
Were other men aIso angry? Dawson and Downey?
Objection! The witness is asked how my cIients fe/t on Sept. 6th.
Sustained.
Did Lieutenant Kendrick give you a standing order at that meeting?
He said, not to take matters into our own hands.
- What was the order? - Santiago wasn't to be touched.
Your witness.
Were you in Dawson and Downey's room five minutes Iater?
- Thanks. No more questions. - The witness is excused.
CorporaI Raymond Thomas.
Captain Ross is pIanning to caIl the entire pIatoon.
The platoon Ieader's instructions are reIevant testimony.
The defence concedes that aII 22 wiII confirm Hammaker's account.
But none of them were in Dawson and Downey's room at 16.20.
- Captain? - The government wiII concede that.
Then we wilI adjourn. You can caII your next witness tomorrow.
- Let's go over the doctor again. - It's the wrong approach.
At 3.00 a.m., he didn't know what kilIed Santiago.
But after he met Jessep, he said it was poison. He's Iying.
Great! We can say, ''Liar, Iiar, pants on fire.''
We can't prove coercion. Let's go over what we have.
Private Santiago was hospitaIized at 00.12 , -
- and was pronounced dead at 00.37.
Doctor, what is Iactic acidosis?
It arises if the muscIes and celIs burn sugar instead of oxygen.
It caused Santiago's Iungs to bIeed.
How Iong does it take, before the muscIes start burning sugar?
- 20 to 30 minutes. - What made it faster with Santiago?
- Some kind of poison. - The witness is specuIating!
He is an expert medicaI witness. It is not specuIation.
He is not a criminologist. The medicaI facts are inconcIusive.
But I'm sure you don't mind if we admit his opinion now.
Not at aII, sir.
- Was WiIIy Santiago poisoned? - AbsoIuteIy.
But you know that the coroner's report shows no trace of poison?
There are dozens of toxins which are virtually undetectabIe.
The nature of the acidosis is the compeIIing factor here.
CouId a person have a condition that could speed up acidosis?
- Is it possibIe? - It's possibIe.
What might some of those conditions be?
A coronary disorder wouId make it more rapid.
lf I had a coronary condition and someone stuffed a rag in my mouth, -
- would I stilI burn sugar after the rag was taken out?
lf it was very serious.
CouId such a condition have such mild initiaI symptoms, -
- that a routine examination might not reveaI them?
- There would stiIl be symptoms. - What kind?
Chest pains? Shortness of breath? Fatigue?
Of course.
- Is this your signature? - Yes, it is.
This is an order for Santiago to be put on restricted duty.
WouId you read your remarks?
''Patient compIains of chest pains, shortness of breath, and fatigue.''
''Restricted from running distances over five miIes.'"
Couldn't it have been a heart condition, not a poison, -
- that caused the rapid chemicaI reaction?
- No. - It's not possibIe?
No. I examined Santiago thoroughIy and gave him a cIean biII of heaIth.
So it had to be poison. If you give a man a cIean biII of heaIth, -
- and he Iater dies, you'd be in trouble, right?
- Object! Move to strike! - Sustained.
I've no more questions, your honour.
You've been a doctor for 1 7 years. You are Chief of InternaI Medicine -
- at a hospitaI which has served 5,426 peopIe.
In your professionaI opinion, was Santiago poisoned?
We ask that the doctor's testimony be stricken from the record.
-The court shouId disregard it. -The objection's overruIed.
We strenuously object, and ask to confer with you -
- before you ruIe on this objection.
- The objection has been overruIed. - Move to reconsider.
The witness is an expert, and the court wiIl hear his opinion!
ln your expert professionaI opinion, was WiIIy Santiago poisoned?
- Yes. - Thank you, sir. No more questions.
You may step down.
WhiIe we reserve the right to caII further witnesses, government rests.
We'II recess untiI Monday, when the defence wiII calI its first witness.
''I strenuously object."' ls that how it works?
''OverruIed!'' ''No, I strenuous/y object!'"
- Oh, then I'II reconsider! - I got it on the record.
You object once , so we can say he's not a criminologist.
If you keep after it, it looks Iike a bunch of fancy Iawyer tricks.
- The judge caIIed him an expert! - Sam, she made a mistake.
I'Il go calI my wife. I'II see you tonight.
- Why do you hate them? - They beat up a weakIing.
The rest is just coffee-house crap. They tortured a weaker kid!
They kilIed him, because he couIdn't run very fast!
- Everybody take the night off. - I'm sorry ...
We've been working 20 hours a day. Go see your wife and daughter.
Jo, go and do ... whatever you do when you're not here.
It's Saturday tomorrow? We start at ten.
Why do you like them so much?
'Cause they stand on a waII and say: "'Nothing's gonna hurt you tonight."'
Don't worry about the doctor. This trial starts Monday.
Sorry to bother you. I should have calIed first.
No, I'm just watching the ball game. Come on in.
How wouId you feeI if l took you to dinner tonight?
Is this a date?
It sounded Iike you were asking me out on a date.
Do you like seafood? I know a good seafood place.
My third case was a ''drunk and disorderIy''. lt took nine weeks.
- Nine weeks? And the plea bargain? - 15 days.
- You sure hustIed them. - I got shifted to lnternaI Affairs.
But I have two medaIs and two Ietters of commendation.
Why are you aIways giving me your résumé?
- I want you to think I'm good. - l do.
No, you don't.
You're an exceptionaI lawyer. The court members respond to you.
You"lI convince them. Dawson and Downey wilI owe you their Iives.
Jo ...
You've got to prepare for Iosing. Ross's statement was aII true.
Even if it mattered to the court, I can't prove they were ordered.
AlI we have is the testimony of two people accused of murder.
- We'Il find Markinson. - We're gonna Iose, huge.
Corporal Barnes, Windward Barracks, Guantanamo Bay, Cuba.
For what reasons might a marine receive a Code Red?
Being Iate, being disorderly, falIing back on a run ...
- Have you ever received a Code Red? - Yes. I dropped my weapon.
It was over 100 degrees. My paIms were sweaty and I hadn't used resin.
- What happened? - They threw a bIanket over me.
They punched me on the arms and poured glue on my hands.
And it worked. I've never dropped my weapon since.
Was Private Santiago ever late? Was his barracks ever disorderIy?
Did he faII back on runs?
Did he ever receive a Code Red before September 6th?
No, never.
You got a Code Red just for sweating. Why not Santiago?
- Dawson wouldn't aIIow it, sir. - Dawson wouIdn't allow it.
The guys taIked tough, but they were too afraid of Dawson.
- Objection. SpecuIation. - Did you want to punish Santiago?
- Why didn't you? - Dawson wouId have kicked my butt.
Captain Ross wiII ask you some questions.
CorporaI Barnes, this is the Marine Recruit OutIine. Do you know it?
Have you read it? Good. Look up ''Code Reds'', pIease.
- Sir? - Just find the page with Code Reds.
'"Code Red"' is just a term we use down at GlTMO. l don't know ...
Oh. We're in Iuck, then!
''Standard Operating Procedure. RSC, Guantamo Bay, Cuba.''
- Can we find ''Code Red'' in there? - No, sir.
I'm a marine. Is there no book, no set of orders or reguIations -
- teIIing me that one of my duties is to perform Code Reds?
No book, sir.
No further questions.
WouId you find the page that says where the mess halI is?
That's not in the book, sir.
- You mean you've never had a meal? - Three square meaIs a day, sir.
How did you find the mess haII, if it's not in this book?
- I guess I just foIIowed the crowd. - No more questions.
CorporaI Barnes, you may step down.
We do our finaI Kendrick review tonight. I want to sIam-dunk him.
- Hey, Luther. - Admiral! How's the big case?
- Nose to the grindstone. - No fIies on you.
WeII, it ain't over 'tiII the fat Iady sings.
- You can say that again. - Not 'tiII the fat Iady sings.
I waIked into that one.
- Jesus Christ! - You Ieft the door unlocked.
You scared the shit out of me. You're under subpoena.
And the Iives of two marines are in your hands. I have to heIp you.
What do you know? Was it a Code Red?
Did Kendrick give the order? Did you witness it? Did you?
- No. - Then you don't know shit.
He was never gonna be transferred.
- Jessep wanted him ''trained"'. - But you signed the transfer order.
I signed them when you got to Cuba, five days after Santiago's death.
I'lI get you immunity. In four days you can teII this to the court.
I'II check you into a motel. We'II start from the beginning.
I don't want a deal, or immunity.
l'm not proud of what I have done, nor of what I am doing.
- Where is he? - The Downtown Lodge.
- My clearance code is 41 15273. - I don't have a cIearance code.
He aIso says Jessep's lying about the first flight being at 6.00 a.m.
Markinson says there was one seven hours earlier. Did you hear that?
- lsn't there a record of fIights? - You need the Tower Chief's log.
- We're gonna win. - Jo, we don't know anything yet.
You take care of Downey, I'II taIk to Ross.
Hi, Danny. Nice work today. The redirect on Barnes!
- I have Markinson. - Where is he?
ln a moteI room in Northeast, under guard.
The transfer order is phoney. And Jessep Iied about the first fIight.
I'm gonna put Kendrick on the stand and have some fun.
If you accuse Kendrick or Jessep without evidence, -
- you'Il be court-martiaIIed, and that wiII go on your record.
Markinson won't hoId up, he's crazy. l'm just telIing you to help you.
And I think you're aII insane, and your code of honour is shit!
Don't Iump me in with Kendrick and Jessep.
Your cIients don't belong in jaiI, but it's not my decision.
I represent the government without prejudice, and my cIient has a case.
Please acknowIedge that I've informed you -
- of the consequences of accusing an officer without evidence.
I've been so advised.
You got bulIied into that courtroom. By everyone. By Dawson. By GaIIoway.
Shit, l practicaIIy dared you.
And you were bullied by the memory of a dead Iawyer.
You're a Iousy fucking softbaII pIayer, Jack!
Your boys are going down, Danny. l can't stop it any more.
- Was Santiago a good marine? - l'd say he was average.
Your proficiency and conduct reports aII indicate he was beIow average.
He was beIow average, but l don't want to trampIe on his grave.
- l know, but you're under oath. - I'm aware of my oath.
Here are your Iast three reports for CorporaI Dawson.
He rated exceptional twice, but on June 9th he's beIow average.
- l'd Iike to discuss that. - Fine.
Dawson scored perfect at Infantry School.
But unIike most of his cIass, he hasn't been promoted.
- Was this report the reason? - I'm sure it was.
- Do you know why he got this grade? - No.
I have many men. I write many reports.
Do you recaII an incident with PFC Curtis BeII?
- He stoIe from the Officers' CIub. - Yes.
Did you report him to the proper authorities?
I have two books by my bed: the Marine Code and the BibIe.
The only proper authorities I know are Col. Jessep and God.
Then you don't recognise this court as a proper authority?
- Objection. Argumentative. - Sustained. Watch yourseIf!
- Did you report BeII? - I thought very highIy of him.
- l didn't want to charge him. - You wanted it handIed in the unit?
- Yes, l most certainIy did. - Do you know what a Code Red is?
- Have you ever ordered one? - No.
Did you order that Private BelI get nothing but water for a week?
You're distorting the truth. He was on barracks restriction.
He had water and vitamins. His heaIth was never in danger.
l'm sure it was IoveIy for him. But it was on your orders.
- You denied him food? - Yes, I did.
- WouId this be caIled a Code Red? - No.
WouId the other 478 marines consider it a Code Red?
The witness can't know what 478 other men would say.
These questions are argumentative, and irreIevant badgering.
Sustained. I wouId remind you -
- that the witness has an impeccabIe service record.
Was Dawson rated beIow average for sneaking food to Private BeII?
- Object! - Not so fast. Lieutenant?
Dawson was given a below average rating for committing a crime.
What crime did he commit?
Lt. Kendrick, Dawson brought a hungry guy some food.
- What crime did he commit? - Disobeying an order.
So, because he made a decision about the weIfare of a marine -
- that confIicted with your order, he was punished.
Dawson disobeyed an order!
It wasn't a reaI order, was it? lt's peacetime!
He wasn't asked to advance on a beachhead.
SureIy a marine of his inteIIigence couId distinguish important orders -
- from those that might be moralIy questionabIe?
Can Dawson determine on his own, which orders to folIow?
- No, he cannot. - He Iearned that?
- I wouId think so. - You know so, don't you?
FinaIIy : If you had ordered Dawson to give Santiago a Code Red ...
- I toId them not to touch him! - WouId he dare disobey?
- Don't answer that! - I'm through.
Did you order Dawson and Downey to give WiIIy Santiago a Code Red?
- Lieutenant Kendrick ... - No, I did not.
What's the word?
l have the Tower Chief's Iog. Jessep's teIIing the truth.
- Working late tonight, Lieutenant? - Oh, yeah ...
There was no fIight at 1 1 o'clock!
The first flight Ieft at 23.00, and arrived at Andrews at 2.00 a.m.
Then why isn't it in the Iog?
- Jessep. - He fixed the Iogbook?
I can prove that a pIane Ianded. l'lI get the Iog from Andrews.
- You won't find anything. - He can make a fIight disappear?
Jessep is about to join the NSC. He knows how to sidestep landmines.
- He can't sidestep you. - You stiII want me to witness?
Thursday morning. Ten o'cIock.
Someone must know about the fIight.
Do you know how many pIanes take off and land every day?
- No one wiIl remember it. - Forget the fIight.
Markinson wiII testify that the transfer was forged.
That and Downey's testimony wiII be enough.
Why did you go into Santiago's room that night?
- To give him a Code Red. - Why did you do that?
I was ordered to by Lieutenant Jonathan James Kendrick.
You're gonna do fine.
- Can we rejoin the platoon soon? - AbsoIuteIy.
Remember the order of the questions. And use smaII words.
Just go slow. And get him off as fast as you can.
What? It's gonna be fine.
Dear Mr. and Mrs. Santiago, / was Wi//iam's executive officer.
/ knew your son on/y by name.
Soon, the tria/ of the two men who ki//ed him wi// be over, -
- and thejury wi// try to offer you an exp/anation for his death.
/'ve done what / can to bring the truth to /ight.
But your son is dead because / wasn"t strong enough to stop it.
Lieutenant Co/one/ Markinson, United States Marine Corps.
PIease teII us one Iast time:
Why did you go to Santiago's room on the night of September 6th?
A Code Red was ordered by PIatoon Commander Kendrick.
Thank you. Your witness.
According to the log, you were at post 39 until 16.00.
- They keep that Iog pretty good. - How far is post 39 from barracks?
- It's a ways, sir. lt's a hike. - About how far by jeep?
- Ever had to waIk it? - Yes sir, that day.
The pick-up private ... we calI him that ...
... aIso 'cause he can get the girIs.
He got a fIat tyre at post 39, so we had to jog back to barracks.
If it's 10-15 minutes by jeep, it must be an hour on foot, right?
- We did it in 45 minutes, sir. - Not bad.
You've said your assault on Santiago was ordered by Lt. Kendrick -
- in your room at 16.20, right?
- Yes, sir. - But you weren't back before 16.45.
So how couId you be in your room at 16.20?
WeII, sir, there was a blowout ...
Did you actuaIIy hear Lt. Kendriok order a Code Red?
- HaI said ... - Did you actuaIIy hear the order?
- No, sir. - I'd Iike to request a recess.
- The witness has rights! - He has been read his rights.
Why did you go to Santiago's room? Did Dawson teII you to?
- Don't look at him! - Answer the captain's question.
Yes. I was given an order by CorporaI Dawson, and I foIIowed it.
Where do you think he is?
As far as Downey was concerned, it was an order from Kendrick.
- Danny, I'm sorry ... - Don't worry about it.
AII we need to do is caII someone to taIk about impIied orders, -
- or caII Downey back first.
Or how about getting Dawson charged with the Kennedy assassination?
- Are you drunk? - Pretty much. Yeah.
I'II put on a pot of coffee.
She's gonna make coffee? That's nice.
Downey wasn't in his room. He wasn't even there.
That was important information, don't you think?
Danny, it was a setback. And I'm sorry.
We fix it, and move on to Markinson.
Markinson's dead.
You reaIIy got to hand it to those marshaIs.
He didn't hang himseIf by his Iaces, or slash himseIf with a butterknife.
He got into fuII dress uniform, drew a nickIe-pIated pistoi, -
- and fired a buIIet into his mouth.
Since we're out of witnesses, I thought I'd drink a Iittle.
- l stiII think we can win. - Maybe you shouId drink a Iittle.
In the morning, we'II ask for 24 hours deIay.
- Why? - To subpoena CoIoneI Jessep.
No, Jo! Your passion is compeIIing, but useIess.
Louden Downey needed a tria/ lawyer today.
You chicken shit! You just want an excuse to give up.
It's over!
Why did you ask Jessep for the transfer order?
- I wanted it! - You couId have got it anywhere.
You just wanted to see Jessep's reaction.
Your instinct was right. Now Iet's caII Jessep, and end this.
- What possible good wouId that do? - He ordered the Code Red.
He did? That's great! And of course, you have proof?
- You missed that day at Law School? - Get it from him.
We get it from him! Yes, no probIem.
CoIoneI, didn't you order a Code Red on Santiago?
Sorry, time's up! What do the losers get?
For the defendants, Iife at Fort Leavenworth!
And for defence counseI Kaffee: That's right! A court martiaI!
After accusing a decorated officer of conspiracy and perjury, -
- Kaffee can expect a career -
- teaching typewriter maintenance at a women's schooI!
Thank you for playing ''FoIlow the Advice of the GaIacticaIIy Stupid.''
I'm sorry I Iost you your steak knives.
Stop cIeaning up.
Sam, stop cIeaning up.
- You want a drink? - Yeah.
Is your father proud of you? I'II bet he is.
I'Il bet he bores the shit out of neighbours and reIatives:
"'Sam's got a big case. He's making an argument.''
My father would have enjoyed seeing me graduate from Law SchooI.
He wouId have Iiked that a lot.
I wrote a paper about your father in coIIege.
- One of the best triaI lawyers. - Yes, he was.
But if I were Dawson and Downey, and had to choose you or him, -
- I'd choose you any day.
You shouId have seen yourseIf thunder away at Kendrick.
- WouId you put Jessep on the stand? - No.
- Do you think my father would? - With the evidence we have? Never.
But we can't get around this :
Neither LioneI Kaffee nor Sam Weinberg are Iead counseI here.
So there's reaIIy onIy one question: What wouId you do?
Jo, get in the car. JoAnne, pIease get in the car!
JoAnne! I apoIogise. I was angry. l'm sorry about what l said.
I'm going to put Jessep on the stand!
- What do you suggest? - Use the phoney transfer order.
- Our witness to that is dead. - A probIem, to a Iesser attorney!
Last night he was swimming in Jack Daniels, today he's Superman!
I'm getting my second wind. Sit down, both of you.
Jessep toId Kendrick to order a Code Red.
For us to win, Jessep has to say he gave the order.
- And you can get him to say that? - I think he wants to say it!
He made a decision, and that's it!
He eats breakfast 300 yards from 4,000 Cubans trained to kiII him.
No one teIIs him how to run his unit. Least of aII me.
I'lI lead him right where he's dying to go.
That's the pIan? How are you going to do it?
I've no idea. Where's my bat? I think better with it.
I put it in the cIoset. I was tripping on it.
Never put that bat in the cIoset!
- I'm going to the office. - He does think better with the bat!
- He//o? - Sam, l need you to do something.
- What's going on? - l'm going out to Andrews.
- Did Sam get the guys? - Yes.
Can I talk to you for a second?
How are you feeIing?
l think Jessep wiIl have his hands fuII.
Listen Danny, when you're out there today, -
- if you feeI Iike he's not going to say it, -
- don't go for it. You couId get into troubIe.
I'm with InternaI Affairs. I know.
You're not suggesting that l back off a materiai witness?
If you can't get him ... yeah.
AII rise!
- Where's Sam? - On his way.
- Where is he? - Don't worry.
Lieutenant! CalI your witness.
Defence calIs Colonel Nathan Jessep.
Raise your right hand, please.
WiII you teIl the truth, the whoIe truth, and nothing but the truth?
- Yes. - Have a seat pIease, sir.
State your name, rank and current biIlet.
Colonel Jessep, Commanding Officer, Guantanamo Bay, Cuba.
He's not here.
When you Iearned of Santiago's Ietter, -
- you had a meeting with your senior officers, correct?
PIatoon Commander Kendrick, and Lt. CoIoneI Markinson.
And Markinson is now dead, is that right?
- What is the counseIlor impIying? - Just that Markinson is not aIive.
The coIoneI doesn't need to confirm that.
He may not be aware that Markinson took his own Iife two days ago.
The witness, the court and now the jury are aware.
We thank you. Move on, Lieutenant.
You gave Kendrick an order, right?
I toId him to teII his men not to touch Santiago.
Did you give Markinson an order?
l ordered him to have Santiago transferred immediately.
- Why? - His Iife might be in danger.
- Grave danger? - Is there another kind?
This is the order that you and Markinson signed -
- for Santiago to fIy out at six the next morning.
- Was that the first fIight? - Yes, it was.
You fIew here today, didn"t you?
- You're wearing your dress uniform. - As are you.
- Did you wear it on the pIane? - ls this reIevant?
I'm asking the court for a IittIe Iatitude.
A very IittIe Iatitude.
- I wore utilities on the pIane. - You brought the uniform?
Toothbrush, shaving kit, underwear? Is his underwear a state secret?
You'd better get somewhere fast with this, Lieutenant!
I brought a change of cIothes and some personaI items.
After Dawson and Downey's arrest, Santiago's room was inventoried.
Four pairs of camoufIage pants, three khaki shirts, boots.
- Four pairs of socks ... - Is there any question coming?
- Lieutenant, state your question. - Why hadn't Santiago packed?
We'Il get back to that. This is a record of phone calls from the base.
You've recently made three caIls. Do you recognise the numbers?
l caIled CoIoneI Fitzhughes to teII him I'd be in town.
The second was to arrange a meeting with Congressman Richman.
- And the third was to my sister. - Why did you caII her?
I invited her to dinner tonight.
These are the records for September 6th.
And these are the 14 Ietters Santiago wrote in nine months, -
- begging for a transfer.
But when he finaIIy got it, -
- how many peopIe did he caII? Zero! Nobody.
Not one caII to his parents or a friend, saying he was coming.
He was asIeep at midnight, and you say he had a fIight in six hours.
Yet everything he owned was in his cIoset or his footIocker.
For one day, you packed and made three caIIs.
Santiago was Ieaving for the rest of his life.
And he hadn't called a soul, or packed a thing.
Can you expIain that?
There was no transfer order, was there?
Objection! Lt. Kaffee is trying to smear a high-ranking officer -
- hoping to suggest impropriety and win points.
I recommend that he be reprimanded, and the witness be excused.
- Overruled. The objection is noted. - ColoneI?
- Is this funny, sir? - No, it's tragic.
- Do you have an answer? - AbsoIuteIy. I don"t have a cIue.
Maybe he was an earIy riser. Maybe he didn't have any friends.
I'm an educated man, but I don't know the traveI habits of Santiago.
What l do know is that he was set to Ieave at 0600.
Are these reaIly the questions I was caIIed here to answer?
I hope you have something more.
These two marines are on trial for their Iives.
Please teIl me their Iawyer hasn't pinned their hopes to a phone biII.
Do you have any other questions for me, counseIIor?
Lieutenant Kaffee?
Lieutenant, do you have anything further for this witness?
- Thanks, Danny. I Iove Washington. - I didn't dismiss you.
- I beg your pardon? - I'm not through. Sit down.
''CoIoneI.''
He shouId address me as ''CoIonel'' or ''sir'".
- CaII him ''CoIoneI'' or ''sir''. - What kind of unit is this?
And the witness will address me as ''judge'' or ''Your Honour''.
Take your seat ... CoIonel.
What shaIl we discuss? My favourite colour?
CoIoneI, the 6.00 a.m. fIight was the first one?
There wasn't one seven hours earIier to Andrews?
Haven't we covered this?
These are the fIight Iogs for Guantanamo Bay and Andrews.
There's no flight at 1 1 .00 p.m., and no arrivaI at 2.00 a.m.
l'd Iike to admit them as evidence.
- But the fIight never existed! - We beIieve it did, sir.
We caIl Airmen O'MaIIey and Rodriguez of Andrews Air Base.
- They're not on the Iist. - They are rebuttaI witnesses.
- I'II alIow the witnesses. - This is ridicuIous!
- Check the Iogs, for Christ's sake! - We'Il get to that in a minute.
You said, you told Kendrick to say that Santiago wasn't to be touched.
- He was cIear on what you wanted? - CrystaI.
- Can he have ignored the order? - lgnored the order?
- Or forgot it? - No.
CouId he have thought, ''The oId man is wrong''?
When Lt. Kendrick talked to the men, any chance they ignored him?
Ever been in the infantry, son?
Ever served in a forward area?
Ever put your Iife in another man's hands, and his in yours?
We folIow orders, son. Otherwise peopIe die.
lt's that simpIe. Are we cIear?
- Are we cIear? - CrystaI.
One last question, before I caIl Airmen O'MaIIey and Rodriguez.
If you ordered that Santiago wasn't to be touched, -
- and your orders are aIways foIIowed, -
- then why was Santiago in danger?
Why wouId it be necessary to transfer him off the base?
He was a sub-standard marine. He was being transferred ...
You said he was transferred because he was in danger.
I said, ''grave danger?'' and you said ... we can read it ...
- I know what I said! - Then why the two orders?
- Men can do things on their own. - But your men never did.
Your men obey orders. So Santiago wasn't in danger, right?
You snotty littIe bastard.
- I request a recess. - We'II wait for an answer.
If Lt. Kendrick gave an order that Santiago wasn't to be touched, -
- why did he have to be transferred?
Kendrick ordered a Code Red, because you toId him to!
And when it went bad, you signed a phoney transfer and fixed the logs!
You coerced the doctor! CoIonel Jessep, did you order the Code Red?
- You don't have to answer that. - You want answers?
l want the truth!
You can't handIe the truth!
Son, we Iive in a worId with waIIs that must be guarded.
Who's gonna do it? You? You, Lt. Weinberg?
i have more responsibiIity than you can fathom.
You weep for Santiago and curse the Marines.
You don't know what I know. Santiago's tragic death saved Iives.
And my existence, whiIe grotesque to you, saves Iives!
But deep down, in pIaces you don't taIk about at parties, -
- you need me on that walI.
We use words Iike honour, code, Ioyalty.
They're the backbone of our Iives. You use them as a punchIine!
I haven't the time or incIination to expIain myseIf -
- to a man who needs my protection -
- but questions the way I do it. Better just to thank me.
Or pick up a gun and stand a post.
But I don't give a damn what you think you are entitIed to!
- Did you order the Code Red? - You're goddamn right I did!
I suggest the jury be dismissed, and we move to an article 39a session.
- The witness has rights. - Captain Ross?
Jack?
The members of the court wiII retire.
What the heII is this? l did my job, I'd do it again.
- I'm going back to my base. - You're not going anywhere.
MP's, guard the coIoneI!
- Captain Ross. - You've the right to remain siIent.
I'm being charged with a crime?
l'm being charged with a crime?
This is funny, that's what this is!
I'm gonna rip the eyes out of your head and piss in your skuII!
CoIoneI Jessep, do you understand your rights?
You fucking people have no idea how to defend a nation.
AII you did was weaken a country, Kaffee!
You put peopIes' Iives in danger. Sweet dreams, son.
Don't caII me son. I'm a Iawyer, and a navaI officer.
And you're under arrest, you son of a bitch!
The witness is excused.
AlI rise!
- Have you reached a verdict? - We have, sir.
Corporal Dawson and Private Downey.
Of the charge of murder, the members find the accused -
- not guiIty.
On the charge of conspiracy to commit murder, -
- the members find the accused not guiIty.
On the charge of conduct unbecoming a US Marine, -
- the members find the accused guilty as charged.
You are sentenced to time aIready served, -
- and to be dishonourabIy discharged from the Marines.
This court-martiaI is adjourned.
What did that mean?
Hal?
What did that mean?
CoIoneI Jessep said he ordered the Code Red.
- What did we do wrong? - It's not that simpIe.
- We did nothing wrong! - Yeah, we did.
We're supposed to fight for peopIe who can't fight for themseIves.
We were supposed to fight for WilIy.
Lt. Kaffee, I have to take these men for some paperwork.
HaroId?
Sir?
You don't need a patch on your arm to have honour.
Ten-hut! There's an officer on deck.
O'MaIley and Rodriguez, what exactIy couId they testify to?
Probably that they had absoIuteIy no recoIIection of anything.
- Strong witnesses. - And handsome too.
- I've got to go arrest Kendrick. - TelI him I said ''Hi''.
WiII do.
EngIish subtitIes: IFT