A Few Good Men (1992) - full transcript

In this dramatic courtroom thriller, LT Daniel Kaffee, a Navy lawyer who has never seen the inside of the courtroom, defends two stubborn Marines who have been accused of murdering a colleague. Kaffee is known as being lazy and had arranged for a plea bargain. Downey's Aunt Ginny appoints Cmdr. Galloway to represent him. Also on the legal staff is LTJG Sam Weinberg. The team rounds up many facts and Kaffee is discovering that he is really cut out for trial work. The defense is originally based upon the fact that PFC Santiago, the victim, was given a "CODE RED". Santiago was basically a screw-up. At Gitmo, screw-ups aren't tolerated. Especially by Col. Nathan Jessup. In Cuba, Jessup and two senior officers try to give all the help they can, but Kaffee knows something's fishy. In the conclusion of the film, the fireworks are set off by a confrontation between Jessup and Kaffee.

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No.

Forward march.

I'm requesting.

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

That it be myself who's assigned.

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

"That it be I who am assigned?"

That's good. That's
confidence inspiring.

Good grammar there.

Captain, I'd like to request...

that I be the attorney assigned.

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

Go right in, Commander.
They're expecting you.

Thank you.

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

Captain West, this is
Lieutenant Commander Galloway.

- Jo, you know Commander Lawrence.
- Yes, sir.

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

- Would you like to sit down?
- I'm fine, sir.

- Have a seat.
- Okay.

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

Yes, sir. This past
Friday, two Marines,

a Lance Corporal Harold Dawson
and a Private Louden Downey,

entered the barracks
room of a P.F.C.

William Santiago
and assaulted him.

Santiago died at the base hospital
approximately an hour later.

The N.I.S. Agent who took Dawson
and Downey's statements...

maintains they were trying
to prevent Santiago...

from naming Dawson in a fence
line shooting incident.

They're scheduled
to have a hearing

down in Cuba this
afternoon at 1600.

- What's the problem?
- Dawson and Downey...

are both recruiting
poster Marines, and

Santiago was known
to be a screw-up.

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

Christ.

Sir, I'd like to
have them moved up

to Washington and
assigned counsel,

someone who can really
look into this,

someone who possesses not
only the legal skill...

but a familiarity with the inner
workings of the military.

In short, Captain, I'd
like to suggest that...

I be the one who that,

that it be me who is assigned
to represent them...

myself.

Commander Galloway, why don't you
get yourself a cup of coffee?

Thank you, sir. I'm fine.

I'd like you to leave
the room so we

can talk about you
behind your back.

Certainly, sir.

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

With the Marines at
Gitmo, who knows

what the hell goes on down there?

We better find out before
the rest of the world does.

Damn thing could get messy.

All right, what about
this Commander Galloway?

She's been working a desk
in Internal Affairs...

for a little over a year now.

Before that?

Disposed of three
cases in two years.

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

She's not cut out for litigation.

She's a hell of an investigator.

In Internal Affairs
she can crawl up a

lawyer's ass with
the best of them.

But when it comes to trial work...

I know. All passion,
no street smarts.

Bring her back in.

Commander, we're gonna have the

defendants moved up
here in the morning.

Thank you, sir.

Division will assign them counsel.

But not me.

From what I get from
your colleagues...

you're much too valuable in your
present assignment to be wasted...

in what I'm sure will boil down
to a five-minute plea bargain...

and a week's worth of paperwork.

Sir, I think there might be
more involved than that.

Don't worry about it.

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

All right. Let's
go. Let's get two.

Sorry.

Nothing to be sorry about, Sherby.

You just look the
ball into your glove.

Shooting two.

- Sorry.
- You gotta trust me, Sherby.

Keep your eyes open,
your chances of

catching it increase
by a factor often.

- Kaffee.
- Let's try it again.

Dave, you seem distraught.

We were supposed
to meet 15 minutes

ago about the McDermott case.

You're stalling on this thing.
Now we either do it now...

or, no kidding, Kaffee, I'm gonna

hang your boy from
a fucking yardarm.

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

I don't think so.

Dave, Sherby doesn't
think the Navy

hangs people from
yardarms anymore.

I'm gonna charge him
with possession

and being under the
influence on duty.

You plead guilty, I'll
recommend 30 days

in the brig with loss
of rank and pay.

It was oregano, Dave. It
was $10 worth of oregano.

Yeah, well, your client
thought it was marijuana.

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

Kaffee, I got people
to answer to just

like you do. I'm gonna charge him.

With what, possession
of a condiment?

Kaffee.

I tried to help you out of this...

but if you ask for jail time, I'm
gonna file a motion to dismiss.

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

And if the M.T.D. is denied,
I'll file a motion...

seeking to obtain an
evidentiary ruling in advance.

And after that, I'm gonna file
against pretrial confinement.

And you're gonna
spend the next three

months going blind on paperwork...

because a signalman
second-class bought

and smoked a dime bag of oregano.

Let's go. Let's get two.

B misdemeanour, 20
days in the brig.

C misdemeanour, 15
days restricted duty.

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

Because you have wisdom
beyond your years.

Morning.

Morning, Captain.

How's the baby, Sam?

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

How can you tell?

She just looks like she
has something to say.

Excuse me. I'm sorry I'm late.

It's all right, Danny. I know
you don't have a good excuse...

so I won't force you to
come up with a bad one.

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

Seems you're moving
up in the world.

Been requested by Division.

Requested to do what?

Guantanamo Bay, Cuba.

A Marine Corporal named
Dawson illegally

fires a round from his weapon...

over the fence line and
into Cuban territory.

- What's a fence line?
- Sam.

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

- Teacher's pet.
- P.F.C. William Santiago...

threatens to rat on Dawson to
Naval Investigative Service.

Dawson and another
member of his squad...

P.F.C. Louden Downey, go
into Santiago's room...

tie him up, stuff a rag
down his throat...

and an hour later,
Santiago's dead.

Attending physician
says the rag was

treated with some kind of toxin.

They poisoned the rag?

- Not according to them.
- What did they say?

Not much. They're being
flown up here tomorrow...

and on Wednesday at
0600, you'll catch a

transport down to
Cuba for the day...

to find out what you can.

Meantime, go and see Lieutenant
Commander Joanne Galloway...

with Internal Affairs.

Any questions?

The flight to Cuba? Was that
0600 in the morning, sir?

Seems important to Division that
this one be handled by the book.

So I'm assigning co-counsel.
Any volunteers?

No.

I got a stack of papers on
my desk about a mile high.

- Work with Kaffee on this.
- Doing what?

Kaffee will have this
done in about four days.

Doing various
administrative things.

Backup, whatever.

In other words, I have no
responsibilities here whatsoever.

Right.

My kind of case.

Right.

Okay, but I've got to have
that report by Wednesday.

- Hi.
- Hold on. Hi.

Daniel Kaffee. I was
told to me with,

Lieutenant Commander Galloway.

About a briefing?

I'll call you back.

You're the attorney
Division assigned?

I'm lead counsel.
This is Sam Weinberg.

I have no responsibilities
here whatsoever.

Come in, please. Have a seat.

Lieutenant, how long have
you been in the Navy?

Going on nine months now.

And how long have you
been out of law school?

A little over a year.

I see.

Have I done something wrong?

No. It's just that when I petition

Division to have
counsel assigned...

I was hoping I'd be
taken seriously.

No offence taken, in
case you were wondering.

Commander, Lieutenant
Kaffee is generally...

considered the best
litigator in our office.

He's successfully plea-bargained
44 cases in nine months.

One more, I get a set
of steak knives.

Have you ever been in a courtroom?

I once had my driver's
licence suspended.

Commander, from what I understand,
if this thing goes to court...

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

No, they'll need a lawyer.

Dawson's family's been contacted.

Downey's closest living relative
is Ginny Miller, his aunt.

She hasn't been
contacted yet. Would

you like me to take care of that?

Sure. If you feel like it.

One of the people you'll
be seeing down there...

is the barracks C.O.,
Colonel Nathan Jessup.

I assume you've heard of him.

Who hasn't?

He's been in the papers lately.
He's expected to be appointed...

Director of operations of
National Security Council.

- Really?
- These are the letters...

that Santiago wrote in his
eight months at Gitmo.

- That's Guantanamo Bay.
- I knew that one.

He wrote to the fleet Commander to

the commandant of
the Marine Corps.

Even his senator. He wanted to
be transferred off the base.

No one was listening.
Are you with me?

Yeah.

Finally, he wrote to the Naval
Investigative Service...

where he offered information about

Corporal Dawson's fence
line shooting...

in exchange for a transfer.

Right. Is that all?

Lieutenant, this letter
makes it look like...

your client had a motive
to kill Santiago.

Got you. And Santiago is who?

The victim.

Write that down. Am I correct
to assume these letters...

don't paint a
flattering picture of

Marine Corps life
at Guantanamo Bay?

- Yes, among...
- Am I further right in assuming,

investigation of
this incident might

embarrass the
Security Council guy?

- Colonel Jessup.
- Twelve years.

Sorry?

I'll get them to drop the
conspiracy and conduct unbecoming.

Twelve years.

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

Pretty impressive, huh?

You're gonna have to
go deeper than that.

Do you have some
sort of jurisdiction

here that I should know about?

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

I'm special counsel for
Internal Affairs...

so my jurisdiction's
pretty much in your face.

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

- Sure.
- You're dismissed.

I always forget that part.

He's a little preoccupied.

Team's playing Bethesda
Medical next week.

Tell your friend not to
get cute down there.

The Marines in Guantanamo
are fanatical.

About what?

About being Marines.

Dear sir...

my name is P.F.C.
William T. Santiago.

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

Rifle Security Company Windward,
Second Platoon Bravo.

I'm writing to inform you of my

problems with my
unit here in Cuba...

and to ask for your help.

I've fallen out on runs
before for several reasons...

such as feeling
dizzy or nauseated.

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

going down rocky unstable hill.

My Sergeant grabbed me and
pushed me down the hill.

Then I saw all black,
and the last thing

I remembered was hitting the deck.

I was brought to the
hospital where I

was told I just had
heat exhaustion.

I ask you to help me.

Please, sir. I just need to
be transferred out of R.S.C.

Sincerely, P.F.C.
William T. Santiago...

US Marine Corps.

P.S. In exchange for my
transfer off the base...

I'm willing to provide you
with information about,

"The illegal fence
line shooting that

occurred the night of August 2nd."

Who the fuck is P.F.C.
William T. Santiago?

Private Santiago is a member
of Second Platoon Bravo, sir.

Yeah. Well, apparently
he's not very

happy down here in Shangri-La...

because he's written letters to
everybody but Santa Claus...

asking for a transfer.

And now he's telling tales
about a fence line shooting.

Matthew?

I'm appalled, sir.

You're appalled.

This kid broke the
chain of command

and ratted on a
member of his unit...

to say nothing of the fact
that he is a US Marine...

and it would appear he can't
run from here to there...

without collapsing
from heat exhaustion.

What the fuck is going on
in Bravo Company, Matthew?

Colonel, I think
it would be better

to hold this
discussion in private.

That won't be necessary, Colonel.
I can handle the situation, sir.

The same way you
handled Curtis Bell?

Don't interrupt me, Lieutenant.

- I'm still your superior officer.
- And I'm yours, Matthew.

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

I think Santiago
should be transferred

off the base immediately.

He's that bad, huh?

Not only that. But word of this
letter is bound to get out.

He's gonna get his ass whipped.

Transfer Santiago.

Yes. I'm sure you're right.

I'm sure that's the thing to do.

Wait. I've got a better idea.

Let's transfer the whole
squad off the base.

Let's... on second
thought, Windward.

Let's transfer the whole
Windward Division off the base.

John, go on out there and get
those boys down off the fence.

They're packing their bags. Tom.

Sir.

Get me the President on the phone.

We're surrendering our
position in Cuba.

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

Don't get the President just yet.

Maybe we should consider
this for a second.

- Dismissed, Tom.
- Yes, sir.

Maybe, and I'm just
spit-balling here.

Maybe we have a responsibility
as officers to train Santiago.

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

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

are trained professionals.

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

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

that your suggestion of
transferring Santiago...

while expeditious and
certainly painless...

might not be, in a
manner of speaking...

the American way.

Santiago stays where he is.

We're gonna train the lad.

John, you're in charge.

Santiago doesn't make 4-6-4-6...

on his next proficiency
and conduct report...

I'm going to blame you.

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

I think that's a mistake, Colonel.

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

John, that's all.
Why don't we meet

at the "O" club and have lunch...

and we'll talk about the
training of young William?

I'd be delighted to hear any

suggestions that you
might have, sir.

- Dismissed.
- Yes, sir.

Matthew, sit down. Please.

What do you think of Kendrick?

My opinion of him has
nothing to do...

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

but he's an awfully good officer.

And in the end, we see
eye-to-eye on the

best way to run a
Marine Corps unit.

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

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

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

and shipping him off to
another assignment...

puts lives in danger.

Sit down, Matthew.

We go back a while.

We went to the Academy together.
We were commissioned together.

We did our tours in
Vietnam together.

But I've been promoted
up through the chain...

with greater speed and
success than you have.

Now, if that's a
source of tension...

or embarrassment for you...

I don't give a shit.

We're in the business of saving

lives, Lieutenant
Colonel Markinson.

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

All the paperwork's in order.

- Step over there.
- Yes, sir.

Hal, is this Washington, DC?

All right. Let's move.

Yes, sir.

- Got all of that one.
- Excuse me.

I wanted to talk to you about

Corporal Dawson and
Private Downey.

- Say again?
- Dawson and Downey.

Those names sound like they
should mean something to me.

Dawson, Downey, your clients.

The Cuba thing. Yes.
Dawson and Downey. Right.

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

I was just wondering why two
guys have been locked up...

since this morning while their
lawyer's outside hitting a ball.

We need the practise.

That wasn't funny.

It was a little funny.

Would you be very insulted if I
recommended to your supervisor...

that he assign different counsel?

Why?

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

You don't even know
me. Ordinarily,

it takes someone hours...

to discover I'm not fit
to handle a defence.

Oh, come on. That was damn funny.

You're wrong.

I do know you.

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

at Boston Mercy Hospital.

Your father's Lionel Kaffee...

former Navy judge advocate and

Attorney General of
the United States.

Died 1985.

You went to Harvard law.
Then you joined the Navy...

probably because that's what
your father wanted you to do.

And now you're just treading water
for three years in the JAG Corps.

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

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

But it's my feeling that if this
case is handled in the same...

fast-food, slick-ass,
Persian bazaar manner...

with which you seem to
handle everything else...

then something's gonna get missed.

And I wouldn't be doing my job if
I allowed Dawson and Downey...

to spend any more time in prison
than absolutely necessary...

because their attorney
had predetermined

the path of least resistance.

Wow.

I'm sexually aroused, Commander.

I don't think your
clients murdered anyone.

What are you basing this on?

There was no intent.

The doctor's report says
Santiago died of asphyxiation...

brought on by acute
lactic acidosis...

and that the nature of the
acidosis strongly suggests poison.

I don't know what any of that
means, but it sounds pretty bad.

Santiago died at 1:00 a.m.

At 3:00, the doctor wasn't able
to determine the cause of death.

Two hours later, he
said it was poison.

Oh, now I see what you're saying.

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

I'm gonna talk to your supervisor.

Okay.

Go straight up
Pennsylvania Avenue.

It's the big white house
with the pillars in front.

Thank you.

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

I was assigned by Division.

Somebody over there thinks
I'm a pretty good lawyer.

So while I appreciate
your interest

and admire your enthusiasm...

I think I can handle
things myself.

You know what a Code Red is?

What a pity.

- Morning, sir.
- Morning.

Officer on deck.

Sir, Lance Corporal
Harold W. Dawson, sir.

Rifle Security Company Windward,
Second Platoon Bravo.

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

Sir, yes, sir.

Sir, P.F.C. Louden Downey, sir.

I'm Daniel Kaffee.
This is Sam Weinberg.

Sit down.

- This your signature?
- Yes, sir.

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

Sir, yes, sir.

You certainly don't need to
do it twice in one sentence.

- What's a Code Red?
- It is a disciplinary engagement.

What's that mean?

A Marine falls out
of line, it's up to

the men in his unit
to get him on track.

What's a garden variety Code Red?

Sir?

Harold, you say, "sir," and I turn
around and look for my father.

Danny, Daniel, Kaffee.

Garden variety. Typical.
What's basic Code Red?

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

the men in his squad will
give him a G.I. shower.

What's that?

Scrub brushes, Brillo
pads, steel wool.

Beautiful.

Was the attack on
Santiago a Code Red?

Yes, sir.

Does he ever talk?

Sir, P.F.C. Downey will answer any
direct questions you ask him.

Swell.

Private Downey, the rag you
stuffed in Santiago's mouth.

- Was there poison on it?
- No, sir.

Silver polish,
turpentine, antifreeze?

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

When all of the sudden.

We saw blood dripping
down his mouth...

and we pulled the
tape off and there

was blood all down his face, sir.

That's when Lance Corporal
Dawson called the ambulance.

Did anyone see you
call the ambulance?

No, sir.

Were you there when the
ambulance got there?

Yes, sir. That's when we
were taken under arrest.

The night of August
2nd, did you fire a

shot across the fence
line into Cuba?

- Yes, sir.
- Why?

- My mirror engaged, sir.
- His mirror?

Every American sentry post has a

Cuban counterpart,
called "mirrors."

Lance Corporal's claiming that his
mirror was about to fire at him.

Santiago's letter to the N.I.S...

said you fired illegally.

He's saying that the
guy, the mirror...

He never made a move.

Oh, Harold?

You see what I'm getting at?

If Santiago didn't
have anything on you,

then why did you
give him a Code Red?

Because he broke the
chain of command, sir.

He what?

He went outside of his unit, sir.

If he had a problem, he should
have spoken to me, sir.

Then his Sergeant,
then Commander...

Yeah. All right.

Did you assault Santiago with
the intent of killing him?

- No, sir.
- What was your intent?

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

Train him to think of his unit

before himself, to
respect the code.

What's the code?

Unit, Corps, God, Country.

I beg your pardon?

Unit, Corps, God, Country, sir.

The government of the
United States...

wants to charge you
two with murder...

and you want me to go
to the prosecutor...

with "Unit, Corps, God, Country?"

That's our code, sir.

It's your code.

We'll be back.

You guys need anything, books,
papers, cigarettes, ham sandwich?

Sir, no, thank you, sir.

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

Sir?

I'm the only friend you've got.

Dan Kaffee.

Smiling Jack Ross.

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

Let's hope, for Dawson
and Downey, you

practise law better
than play softball.

Unfortunately for
those two, I don't

do anything better
than play softball.

- I'm out of here, Janelle.
- Bye.

See you when I get back from Cuba.

Say hi to Castro for me.

Will do. What are we looking at?

They plead guilty, we drop the
conspiracy and conduct unbecoming.

Twenty years. They're
home in half.

I want 12.

- Can't do it.
- They called the ambulance.

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

The rag was tested for poison.
The autopsy, lab reports.

They say the same thing:
maybe, maybe not.

Chief of Internal Medicine at the
Guantanamo Bay Naval Hospital...

says he's sure.

What do you know about Code Reds?

Oh, man.

- We off the record?
- Tell me.

I'm gonna give you the 12 years.

Before you go getting
yourself into

trouble tomorrow,
you should know...

the platoon Commander,
Lieutenant Jonathan Kendrick...

held a meeting with the
men and specifically...

told them not to touch Santiago.

We still playing hoops
tomorrow night?

Do we have a deal?

I'll talk to you when I get back.

- Hi there.
- Any luck getting me replaced?

Is there anyone in
this command you

don't either drink
or play ball with?

- Commander...
- Listen. I came to make peace.

Got off on the wrong foot.
What do you say? Friends?

I brought Downey some comic
books he was asking for.

The kid, Kaffee, I swear he
doesn't know where he is.

Doesn't even know
why he's arrested.

Commander.

- You can call me Joanne.
- Joanne.

- Or Jo.
- Yes.

Jo, if you ever speak
to a client of

mine again without
my permission...

I'll have you disbarred.

- Friends?
- I had authorisation.

From where?

Downey's closest living relative.

Ginny Miller. His aunt
on his mother's side.

You got authorisation
from Aunt Ginny?

I gave her a call like you asked.

Very nice woman. We spoke
for about an hour.

You got authorisation
from Aunt Ginny.

Perfectly within my province.

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

I can sew the costumes. Maybe his
Uncle Goober can be the judge.

I'm going to Cuba
with you tomorrow.

And the hits just keep on coming.

How's it going, Luther?

Another day, another
dollar, Captain.

- You gotta play them as they lay.
- What goes around comes around.

- Can't beat 'em, join 'em.
- At least I got my health.

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

Not if I see you first.

Now don't forget. When Sally
gets back, you're my witness.

The baby spoke. My
daughter said a word.

Your daughter made a sound, Sam.
I'm not sure it was a word.

Come on, now. It was
definitely a word.

You heard her. The girl sat
here, pointed and said, "Pa."

She did. She said, "Pa."

She was pointing
at a mailbox, Sam.

That's right, pointing as if
to say, "Pa, look. A mailbox."

Jack Ross came to see me today.
He offered me the 12 years.

Oh, that's what you wanted, right?

I know, I know.

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

- So...
- It took about 45 seconds.

He barely put up a fight.

Danny, take the 12
years. It's a gift.

You don't believe
their story, do you?

You think they ought to go to
jail for the rest of their lives.

I believe every word
of their story...

and I think they ought to go to
jail for the rest of their lives.

- See you tomorrow.
- Okay.

Don't forget to wear the
whites. Very hot down there.

I don't like the whites.

Nobody likes the whites,
but we're going to Cuba.

- You got Dramamine?
- Dramamine keeps you cool?

No, Dramamine keeps
you from throwing

up. You get sick when you fly.

I get sick when I fly
because I'm afraid

of crashing into a large mountain.

I don't think Dramamine will help.

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

You know, Ross said the strangest
thing to me right before I left.

He said the platoon Commander
Lieutenant Jonathan Kendrick...

had a meeting with the men and
told them not to touch Santiago.

So?

I never mentioned Kendrick. I
don't even know who he is.

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

Lieutenants Kaffee and
Weinberg, Commander Galloway.

I'm Corporal Barnes.
I'm to escort you

to the windward side of the base.

Thank you.

I got some camouflage
jackets here.

- I suggest you both put them on.
- Camouflage jackets?

Yes, sir. We'll be riding
pretty close to the fence line.

The Cubans see an officer
wearing white...

they think it might be someone
they want to take a shot at.

Good call, Sam.

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

- Wait. We gotta take a boat?
- Yes, sir.

To get to the other
side of the bay.

Nobody said anything about a boat.

- Is there a problem, sir?
- No, no problem.

Just not crazy about boats.

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

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

Nathan Jessup. Come on in.

Thank you, sir. Daniel Kaffee. I'm

the attorney for
Dawson and Downey.

This is Lieutenant
Commander Joanne Galloway.

- Pleasure meeting you, Commander.
- Observing and evaluating, sir.

Lieutenant Sam Weinberg.
He'll be assisting.

Sir.

This is my XO,
Colonel Markinson...

and platoon leader
Lieutenant Kendrick.

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

- Lieutenant Kaffee.
- Colonel Markinson.

I had the pleasure of
meeting your father once.

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

Lionel Kaffee?

- Yes, sir.
- Well, what do you know?

John, this man's dad
once made a lot of

enemies down in your
neck of the woods.

Jefferson v. Madison
County School District.

Folks down there said a black girl

couldn't go to an
all-white school.

Lionel Kaffee said, "Well,
we'll just see about that."

How the hell is your dad, Danny?

He passed away seven
years ago, sir.

Don't I feel like the
fucking asshole.

Not at all.

Well, what can we
do for you, Danny?

Not much, sir.

This is really a formality
more than anything else.

JAG Corps insists
that we interview

all the relevant witnesses.

The JAG Corps can be
demanding that way.

John will take you out and
show you what you want to see.

After that we can all
hook up for lunch.

- How does that sound? Good.
- Fine, sir.

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

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

I told the men that we had
an informer among us...

and that despite any desire they
might have to seek retribution...

Private Santiago was not
to be harmed in anyway.

- What time was that meeting?
- 1600.

That's 4:00.

Sam, we should make sure somebody
gets this to his parents.

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

Lieutenant Kendrick,
may I call you John?

No, you may not.

Have I done something
to offend you?

No, I like all you Navy boys.

Every time we gotta
go some place to

fight, you fellas
always give us a ride.

Lieutenant Kendrick, do you
think Santiago was murdered?

Commander, I believe in God
and His Son Jesus Christ.

And because I do, I can say this:

Private Santiago is dead,
and that is a tragedy.

But he is dead because
he had no code.

He is dead because he had no
honour, and God was watching.

How do you feel about that theory?

Sounds good. Let's move on.

Are you planning on doing
any investigating...

or are you just gonna
take the guided tour?

I'm pacing myself.

They were running around
for three hours...

looking for anything white
they could wave in the air.

Some of these people surrendered
to a crew from CNN.

Well, walk softly and carry an

armoured tank division,
I always say.

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

Colonel, I do have
to ask you a couple

of questions about September 6th.

Shoot.

On the morning of the sixth, you

were contacted by
an N.I.S. agent...

who said that Santiago
tipped him off

to an illegal fence line shooting.

Yes.

Santiago would reveal the person

- in exchange for a transfer.
- Yes.

If you feel there are any
details that I'm missing...

you should feel free to speak up.

Thank you.

Now, at this point you called
Lieutenant Colonel Markinson...

and Lieutenant Kendrick
into your office.

- Is that right?
- Yes.

What happened?

We agreed that, for
his own safety,

Santiago should be
transferred off base.

Santiago was set
to be transferred.

On the first available
flight to the States...

0600 the next morning.

Five hours too late,
as it turned out.

Yeah.

All right. That's all I have.
Thanks very much for your time.

Corporal's waiting
with the Jeep. He'll

take you back to the flight line.

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

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

No, you don't.

On the morning that
Santiago died...

did you meet with Dr. Stone
between 3:00 and 5:00?

Of course I met with the doctor.
One of my men was dead.

See? The man was dead. Let's go.

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

I've heard the term, yes.

This past February, you
received a cautionary memo...

from the Commander-in-Chief
of the Atlantic fleet...

warning that the practise
of enlisted men...

disciplining their own wasn't
to be condoned by officers.

Well, I submit to you that
whoever wrote that memo...

has never faced the working end...

of a Soviet-made Cuban
AK-47 assault rifle.

However, the directive having
come from the Commander...

I gave it its due attention.

- What is your point, Jo?
- She has no point.

She often has no point.
It's part of her charm.

We're out of here. Thank you.

I think Code Reds
still go on here.

Do Code Reds still happen here?

Jo, he doesn't need
to answer that.

- Yes, he does.
- No, he really doesn't.

Yeah, he really does.

You know, it just hit me.

She outranks you, Danny.

- Yes, sir.
- I wanna tell you something.

And listen up, because
I really mean this.

You're the luckiest
man in the world.

There is nothing on this earth
sexier-believe me, gentlemen,

than a woman that you have
to salute in the morning.

Promote 'em all, I say,
because this is true:

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

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

Colonel, the practise of Code Reds
is still condoned by officers...

My problem is that
I'm a Colonel, so

I'll go on taking cold showers...

until they elect
some gal President.

I need an answer to
my question, sir.

Take caution in your
tone, Commander.

I'm a fair guy, but this fucking

heat is making me
absolutely crazy.

You wanna ask me about Code
Reds? On the record...

I tell you I discourage
the practise...

in accordance with the
Commander's directive.

Off the record, I tell you
it is an invaluable part...

of close-infantry training.

And if it happens to go on
without my knowledge, so be it.

I run my unit how I run my unit.

You wanna investigate me, roll
the dice and take your chances.

I eat breakfast 300
yards from 4,000

Cubans who are trained to kill me.

So don't think for one second
that you can come down here...

flash a badge...

and make me nervous.

Let's go.

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

What's that?

Santiago's transfer
order. You guys

have paperwork on
that kind of thing.

I just need it for the file.

- For the file.
- Yeah.

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

I'm here to help in anyway I can.

Thank you.

You believe that, don't
you, Danny, that

I'm here to help you
in anyway I can?

Of course.

Corporal will take
you by personnel

on your way out to
the flight line...

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

- Let's go.
- But you have to ask me nicely.

I beg your pardon?

You have to ask me nicely.

You see, Danny, I
can deal with the

bullets and the bombs
and the blood.

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

What I do want is for you to stand

there in that faggoty
white uniform...

and with your Harvard mouth
extend me some fucking courtesy.

You gotta ask me nicely.

Colonel Jessup, if it's
not too much trouble...

I'd like a copy of the
transfer order, sir.

No problem.

In the seventh. San Diego
leads. Braves try to comeback.

Runners don't go.

Hard drive, right field. We're
gonna have a tied ballgame.

It's on its way, and
it is now 10 to 10.

And I don't believe it.

- Who is it?
- It's me.

I really missed you.
I was just saying

to myself it's been
almost three hours.

- Markinson's disappeared.
- What?

Colonel Markinson's gone
U.A. unauthorised absence.

I know what it means. When?

This afternoon.
Sometime after we left.

I'll try to find him
in the morning.

I've already tried.

You tried?

Joanne, you're coming dangerously

close to the textbook
definition...

of interfering with a
government investigation.

I'm Louden Downey's attorney.

Aunt Ginny. She says she feels
like she's known me for years.

So I suggested that she might
feel more comfortable...

if I were directly
involved with the case.

She had Louden sign the
papers about an hour ago.

I suppose it's way
too much to hope...

that you're making this
up just to bother me.

Don't worry. I'm not gonna
make a motion for separation.

- You're still lead counsel.
- Splendid.

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

Let's go.

Officer on deck.

- Did Kendrick order the Code Red?
- Sir?

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

You heard what I
said. Did Lieutenant

Kendrick order you guys...

to give Santiago a Code Red?

Yes, sir.

- Did he?
- Yes, sir.

You mind telling me why you
never mentioned this before?

You didn't ask.

That won't win you a
place in my heart.

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

Yes, sir. I know you do, sir.

- Fuck you, Harold.
- All right.

At ease.

- Let's sort this thing out.
- Shit.

There was a platoon meeting on

September 6th at 4:00
in the afternoon.

Lieutenant Kendrick says that
he gave strict instructions...

that nothing was to
happen to Santiago.

Now, is this true?

I want you to speak freely.

Ma'am, that's correct...

but then he dismissed the platoon
and we all went to our rooms.

And what happened then?

Lieutenant Kendrick came
to our room, ma'am.

When?

About five minutes after the
meeting broke, sir. About 1620.

And what happened then?

Lieutenant Kendrick ordered us
to give Santiago a Code Red.

Jack.

Hang on.

They were given an order.

- Jack, come on.
- Be right back.

- What are you doing, Jack?
- Be right back.

How long did you know
about the order?

I didn't. Who's this?

That's Jo Galloway,
Downey's lawyer.

She's very pleased to meet you.

What exactly are you
accusing me of?

How long did you know
about the order?

He didn't, because if he
did and hadn't told us...

he'd be violating about 14
articles of the Code of Ethics.

He has enough to worry about...

God forbid our clients decide
to plead not guilty...

and testify for the record
that they were given an order.

Kendrick specifically told those
men not to touch Santiago.

That's right. And then he went
into Dawson and Downey's room...

and specifically told them
to give him a Code Red.

Kendrick said
different. Have proof?

He's lying. I have the defendants.

And I have 23 Marines who
aren't accused of murder...

and a Lieutenant with four
letters of commendation.

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

You don't think I
could subpoena him?

You can try, but you
won't find him.

You know what he did for the first
17 of his 26 years in the Corps?

Counter-intelligence. Markinson's
gone. There is no Markinson.

Look, Danny.

Jessup's star is on the rise.

Division will give me a lot
of room on this one...

to spare Jessup and the
Corps any embarrassment.

How much?

Involuntary manslaughter, two
years, they're home in six months.

No deal. We're going to court.

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

Because you'll lose,
and Danny knows it.

If we do go to court, I'm
gonna have to go all the way.

They're gonna be charged
with a whole truckload,

murder, conspiracy,
conduct unbecoming.

Even though he's got me by the
balls out here, Danny knows...

that in a courtroom,
he loses this case.

Danny is an awfully
talented lawyer.

He's not about to see his
clients go to jail for life...

when he knows they can
be home in six months.

That's the end of
this negotiation.

I'll see you tomorrow
morning at the arraignment.

All right. Here's the story.

The government's
offering involuntary

manslaughter, two years.

Be home in six months.

Wow, Kaffee. You're the
greatest lawyer in the world.

Ooh, how can we ever thank you?

Fellas, you hear what I just said?

You're going home in six months.

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

- Do what?
- Make a deal, sir.

What are you talking about?

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

and if that has consequences,
then I'll accept them.

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

Did you... Did she
put you up to this?

No.

- We have a code, sir.
- Oh, well, zip-a-dee-doo-dah.

You and your code
plead not guilty.

You'll be in jail the
rest of your life.

Do what I'm telling you,
you'll be home in six months.

Do it, Harold. Six months.

It's nothing. It's
a hockey season.

- Permission to...
- Speak.

Jesus.

- What do we do then, sir?
- When?

After six months, we'll be

dishonourably
discharged, right, sir?

Probably.

Well, what do we do then, sir?

We joined the Marines
because we wanted

to live our lives
by a certain code.

And we found it in the Corps.

Now you're asking
us to sign a piece

of paper that says
we have no honour.

You're asking us to say
we're not Marines.

If a court decides that
what we did was wrong...

then I'll accept whatever
punishment they give.

But I believe I was right,
sir. I believe I did my job...

and I will not dishonour myself,
my unit or the Corps...

so that I can go home
in six months...

sir.

Commander, I'd like
to talk to Lance

Corporal Dawson
alone for a minute.

Sergeant.

We're gonna go to another room.

- We'd like another holding room.
- All right, ma'am.

- It's gonna be okay.
- Sit down.

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

Forget it. Don't answer
that. It doesn't matter.

You know...

Downey worships you.

He's gonna do whatever you do.

Are you really gonna
let this happen

to him because of a code, Harold?

- Do you think we were right?
- It doesn't matter.

- Do you think we were right?
- I think you'd lose.

You're such a coward.

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

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

You're going to Leavenworth for
the better part of your life.

And you know what? I
don't give a shit.

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

Open it up.

I don't believe it.

Dawson's gonna go to
jail just to spite me.

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

I'm not gonna hold
his hand on the way.

I wanna get him a new lawyer. How?

Just make a motion tomorrow
morning at the arraignment.

The judge will ask you if
you want to enter a plea...

and you tell him that you want
to have new counsel assigned.

That's that.

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

Danny, be sure and ask nicely.

What do you want from me?

I want you to let them be judged.

I want you to stand up
and make an argument.

An argument that didn't
work for Calley at My Lai.

An argument that didn't work
for the Nazis at Nuremberg.

Oh, for Christ's sake, Sam.

Do you really think that's the
same as two teenage Marines...

executing a routine
order they never

believed would result in harm?

These guys aren't the Nazis.

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

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

Why are you so afraid
to be a lawyer?

Were Daddy's expectations
really that high?

Oh, please. Spare me the
psycho-babble father bullshit.

Dawson and Downey
will have their day

in court, but with another lawyer.

Another lawyer won't be
good enough. They need you.

You know how to win. You know they

have a case, and you
know how to win.

If you walk away from this
now, you've sealed their fate.

Their fate was sealed the
moment Santiago died.

- Do you believe they have a case?
- You and Dawson.

You both live in the
same dream world.

It doesn't matter what I believe.

It only matters what I can prove.

So, please, don't tell me
what I know and don't know.

I know the law.

You know nothing about the law.

You're a used car
salesman, Daniel.

You're an ambulance
chaser with a rank.

You're nothing. Live with that.

So I told Duncan...

"If you wanna take
this to court I'm

gonna file nine
discovery motions...

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

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

- So what happened?
- He calls back 15 minutes later.

He says, "Let's make a deal."

All rise.

Where are we?

Docket number 411275VR-5.

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

and Private First
Class Louden Downey.

The accused are
charged with murder,

conspiracy to commit murder...

and conduct unbecoming a
United States Marine.

Does the defence wish
to enter a plea?

Yeah.

They're not guilty.

Enter a plea of not
guilty for the accused.

We'll adjourn until 1000,
three weeks from today...

at which time this general
court-martial will reconvene.

Why does a Lieutenant junior grade
with ninth months' experience...

and a track record
for plea bargaining

get assigned a murder case?

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

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

Jo, pick up a carton
of legal pads, half

a dozen boxes of red
and black pens.

Sam, get a couple of desk lamps. I

need a preliminary
medical profile.

Jo, we need all
proficiency and conduct

reports on Dawson,
Downey and Santiago.

The only thing I have to eat
is Yoo-hoo and Cocoa Puffs...

so if you want anything
else, bring it with you.

- Okay?
- Yeah.

So this is what a
courtroom looks like.

Were you able to speak to
your friend at the N.I.S.?

Yeah. She said if Markinson
doesn't want to be found...

we're not gonna find him.

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

Are you Markinson?

No.

I'm not Markinson.

That's two down.

What?

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

I'm just wondering if
you still need me.

- They were following orders.
- An illegal order.

Do you think they knew
it was an illegal order?

It doesn't matter
what they knew. Any

decent human being
would have refused.

They're not permitted
to question orders.

Then what's the secret? Huh?
What are the magic words?

I give orders every day.

We have softball games
and marching bands.

They work at a place
where you have to

wear camouflage or
you might get shot.

I need you.

You're better at
research than I am,

and you know how to
prepare a witness.

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

What?

You got any kung Pao chicken?

This is our defence-intent.
No one can

prove there was poison on the rag.

Code Red, they're common and
accepted in Guantanamo Bay.

The order. A: Kendrick gave
it, B: They had to follow it.

- That's it.
- What about motive?

We're a little weak on
motive. They had one.

Just because a person has a motive
doesn't mean they're guilty.

Relax.

We'll deal with the fence line
shooting when it comes up.

Let's start with intent. I don't

want to know what
made Santiago die.

I just want to show it could've
been something other than poison.

Jo, talk to doctors.
Find out everything

there is to know about
lactic acidosis.

This is Lieutenant
Commander Galloway

with the JAG Corps in Washington.

I've been trying to track down a

Lieutenant Colonel
Matthew Markinson.

Doctor, was there any
sign of external damage?

No scrapes? No cuts?
Bruises? Broken bones?

Was there any sign of violence?

You mean, other
than the dead body?

Shit, I walk into that
every goddamn time.

He ordered me and Lance Corporal
Dawson to give Willie a Code Red.

Answers still have
to come much faster.

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

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

He's right. From now on,
Willie is Private Santiago.

You start calling him Willie, and
all of a sudden he's a person...

who's got a mother who's
gonna miss him, okay?

They drew the court
members this afternoon.

Seven men, two women,
five Navy, four Marines.

All officers with line experience.

Neither of the women
have children.

That's a bad break. There's
nothing we can do.

My father always said a jury
trial is not just about the law.

It's about assigning blame.

Santiago's dead, and
he shouldn't be.

These nine people are gonna insist
that someone be blamed for that.

Ross is handing them our clients.
We're gonna hand them Kendrick.

This is about a sales
pitch. It's not going to be

won by the law. It's gonna
be won by the lawyers.

So remember, poker faces. Don't

flinch in front of
the court members.

Something doesn't
go our way, don't

hang your head or
shift in your seat.

Whatever happens, you
have to look like

it's exactly what you
knew would happen.

If you 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 tonight.

- Yeah.
- Give me a ride?

Sure.

You're a good man, Charlie Brown.

I'll see you in court, counsellor.

- 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,

but you're happy I
stuck with the case.

And if you've gained
a certain respect

for me over the
last three weeks...

of course, I'm happy about that.

But we don't have to make a
whole big deal out of it.

If you like me, I won't
make you say it.

I was just 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't you?

I'll do my best.

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

- You're Aunt Ginny?
- Huh.

I'm sorry. I was
expecting someone older.

So was I.

Last chance. I'll flip you for it.

- All rise.
- Too late.

All those having business with
this general court-martial...

stand forward and
you shall be heard.

Colonel Julius Alexander
Randolph is presiding.

Is the government prepared to
make an opening statement?

Yes, sir.

The facts of the case are these:

On midnight of September 6th, the

accused entered the
barracks room...

of their platoon mate,
P.F.C. William Santiago.

They woke 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 of the
case, and they are undisputed.

That's right. The story
I've just told you...

is the exact same
story you'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 of rituals...

and dazzle you with
official-sounding terms...

like "Code Red."

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

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 of the
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 because it just ain't true.

When Dawson and Downey went into
Santiago's room that night...

it wasn't because of
vengeance or hatred.

It wasn't to kill or
harm, and it wasn't

because they were
looking for kicks.

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

Let me say that again.

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

Out in the real world
that means nothing...

and here at the
Washington Navy Yard

it doesn't mean a whole lot more.

But if you're a Marine assigned to
Rifle Security Company Windward...

Guantanamo Bay, Cuba, and
you're given an order...

you follow it or you
pack your bags.

Make no mistake about it.

Harold Dawson and Louden Downey
are sitting before you today...

because they did their job.

Is the government ready to
call its first witness?

If it please the court, the
government calls Mr. R.C. McGuire.

Mr. McGuire, would you raise
your right hand, please?

Do you 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 state your 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 3rd September of this year?

- We did.
- What did that letter say?

That a member of Santiago's
unit had illegally

fired his weapon
over the fence line.

Was that Marine
identified in the letter?

No. I notified the barracks
C.O. Colonel Jessup...

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 of
ammunition missing.

- Who was that?
- Lance Corporal Harold Dawson.

Your witness.

Mr. McGuire, have you questioned

Dawson about the
fence line shooting?

Yes. He claims to
have been engaged

in some manner by the enemy.

- You don't believe him?
- It's not my place...

Lance Corporal Dawson's been
charged with a number of crimes.

Why wasn't he charged with firing
at the enemy without cause?

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

Thank you.

Mr. McGuire, I don't understand
what you 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 Company Windward,
Second Platoon Bravo.

Corporal, were you
present at a meeting

that Lieutenant Kendrick held...

on the afternoon of
September 6th with

the members of the Second Platoon?

Yes, sir.

Would you tell the court the
substance of that meeting?

Lieutenant Kendrick told us we
had an informer in our group,

that Private Santiago had gone
outside the chain of command...

and reported to the N.I.S.
on a member of our platoon.

Did that make you mad? You can
tell the truth, Corporal.

- Did it make you 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.

Your witness.

Corporal Hammaker, were you 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 Company
Windward to testify.

In light of the defence Lieutenant
Kaffee is planning to mount...

the explicit instructions
of a platoon

leader seems
particularly relevant.

The defence is willing to concede
that all 22 witnesses...

will testify substantially
as Corporal Hammaker did...

if the government is willing to
concede that none of them...

were in Dawson and Downey's
room at 16:20 on September 6th.

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 with Jessup, 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" defence.

We can't prove coercion. Let's
go over what we have, okay?

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

and he was pronounced
dead at 0037.

Dr. Stone, what is
lactic acidosis?

If the muscles and other cells
of the body burn sugar...

instead of oxygen,
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 of oxygen?

Twenty to thirty minutes.

And what caused this process to
be sped up in Santiago's muscles?

An ingested poison of some kind.

Your Honour, 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 confident
you'll illustrate

to the court under
cross-examination.

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

Not at all, sir.

Dr. Stone, did Willie
Santiago die of poisoning?

Absolutely.

You're aware that the
lab and coroner's

report show no traces of poison?

- Yes, I am.
- Then how do you justify...

There are literally
dozens of toxins

which are virtually
undetectable...

both in the human
body and on a fabric.

The nature of the acidosis is the
compelling factor on this issue.

Thank you, sir.

Commander, is it possible for a
person to have an affliction,

some sort of
condition, which might

speed up the process of acidosis?

Commander, is it possible?

It's possible.

What might some of
those conditions be?

If a person had a
coronary disorder...

or a cerebral disorder, the
process would be more rapid.

If I 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 of symptoms?
- There are hundreds.

- Chest pains?
- Yes.

- Shortness of breath?
- Yes.

- Fatigue?
- Of course.

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 of the page, please?

"Initial testing,
negative. Patient

complains of chest pains...

shortness of breath and fatigue.

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

Commander, isn't it
possible that Santiago

had a serious
coronary condition...

and it was that condition,
and not some mysterious

poison, that caused the
accelerated chemical reaction?

No.

It's not possible?

No.

I personally give each man a
thorough physical examination.

Private Santiago was given
a clean bill of health.

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

Because if you 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't you, Doctor?

- Object. Move to strike.
- Sustained.

I have no more
questions, Your Honour.

Dr. Stone, you've held a
medical licence for 17 years.

You're Board-certified
in internal medicine.

You are Chief of
internal 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 defence strenuously objects
and requests an 802 conference...

so that His Honour
might have a chance

to hear discussion before ruling.

The objection of the defence
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.

Thank you, 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
1000, Monday the 19th...

at which time, the defence
will call its first witness.

All rise.

"I strenuously object?"

Is that how it works?
"Objection overruled."

"No, no. I strenuously object."

"Oh, well, if you
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
of the 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 of fancy
lawyer tricks.

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

You even had the judge
saying Stone was an expert.

She made a mistake.
Let's not relive it.

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

Why do you hate them so much?

They beat up on a weakling.
That's all they did.

The rest of this is just
smoke-filled coffee-house 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 half weeks straight.

Just take the night off. Go
see your wife, your daughter.

Jo, go do...

whatever it is you do
when you're not here.

- What day is tomorrow?
- Saturday.

We start at 10:00.

Why do you like them so much?

Because they stand on a wall...

and they say, "Nothing's gonna

hurt you tonight,
not on my watch."

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

One and two, with two out. And
a line drive to left centre.

Kirby racing. He won't get there.

And rounding third
is Cal Ripken...

and the Twins' streak is over.

One strike away,
and Randy Milligan

feels right now like Hulk Hogan.

I'm sorry to bother you. I
should've called first.

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

I was wondering if,
how you'd feel about

my taking you to dinner tonight?

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

Sounded like you were
asking me on a date.

I've been asked out
on dates before,

and that's what it sounded like.

Do you 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 of him.

Well, after that they moved
me to Internal Affairs.

- Tough to blame them.
- Where I have earned...

two meritorious service medals
and two letters of commendation.

Why are you always
giving me your resume?

Because I want you to
think I'm a good lawyer.

I do.

No, you don't.

I think you're an
exceptional lawyer.

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

I see you convincing them, and
I think Dawson and Downey...

are gonna end up owing
their lives to you.

Jo, I think,

I think you should
prepare yourself

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
of two people accused of murder.

We'll find Markinson.

Jo, we're gonna lose, and
we're gonna lose huge.

Corporal Jeffrey 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.

Have you ever received a Code Red?

Yes, sir.

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

It was because it was over 100

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, because I ain't
never dropped my weapon 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 of
September 6th, receive a Code Red?

No, sir.

- Never?
- No, sir.

You got a Code Red because
your 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 they wouldn't go near him.

They were 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't you?

Because Dawson would
kick my butt, sir.

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

Corporal Barnes...

I hold here the Marine Outline
for Recruit Training.

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

- Have you read it?
- Yes, sir.

Would you turn to the chapter that
deals with Code Reds, please?

Just flip to the page of the
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 of orders or regulations...

that lets me know
that as a Marine one

of my 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 Gitmo you'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 if it'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.

Thank you, 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 of me.
- Just keep driving.

Are you aware you're
under subpoena?

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

If there was something I could
do about that, I would.

But since I can't, all
I can do is help you.

- What do you 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 do you know?

- I know.
- You know shit.

He was never gonna be
transferred off that 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 get you
a deal, some kind

of immunity with the prosecutor.

In about four days,
you'll appear as

a witness and tell what you know.

I'm gonna check you
into a motel. We

are gonna start
from the beginning.

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

I want you to know that I'm proud

neither of what 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 411527273.
- Clearance code?

- Thank you.
- Do you have a clearance code?

This is Jo Galloway. I
need to secure a witness.

Anyway, he also said
that Jessup's lying

about the transportation
off the base.

Jessup said that 6:00 the
next morning was the

first flight Santiago
could have left on.

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
logbook will say.

You just concentrate
on Downey. I'm gonna

talk to Ross and tell
him 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 if you accuse
Kendrick or Jessup

of any crime without
proper evidence...

you'll be subject
to a court-martial

for professional misconduct.

That's something
that'll be stapled to

every job application
you ever fill out.

Markinson's not gonna hold
up, Danny. He's a crazy man.

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

Thanks, Jack. And I
think the fucking

bunch of you are
certifiably insane.

Your code of honour makes me want
to beat the shit out of somebody.

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 in jail...

but I don't get to
make that decision.

I represent the United
States government

without passion or prejudice.

- My client has a case.
- Here you go.

I want you to acknowledge that the

judge advocate has
made you aware...

of the possible
consequences involved

in accusing a Marine officer...

of a 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 of a 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 of below average.

Yes, Private Santiago
was below average.

I did not see the need to
trample on a man's grave.

We appreciate that, but
you're under oath now.

Unpleasant as it may be, we'd all
just as soon hear the truth.

I'm aware of my oath.

These are the last
three pro-con reports

you signed for Lance
Corporal Dawson.

Dawson received two
marks of exceptional...

but on this most recent
report of June 9th

he received a rating
of below average.

I'd like to discuss
this last report.

That would be fine.

Lance Corporal
Dawson's ranking after

the school of
infantry was perfect.

Over half that class has since
been promoted to full Corporal...

while Dawson has remained
a Lance Corporal.

Was Dawson's promotion held up
because of this last report?

I'm sure it was.

Do you 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, do you
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 of Conduct
and The King James Bible.

The only proper
authorities I'm aware

of are my commanding officer...

Colonel Nathan R. Jessup
and the Lord our God.

At your request,
Lieutenant Kendrick,

I can have the record reflect...

your lack of acknowledgement of
this court as a proper authority.

- Objection. Argumentative.
- Sustained.

Watch yourself, counsellor.

Did you report Private
Bell to your 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.

- Do you know what a Code Red is?
- Yes, I do.

Have you 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 of seven days?

That is a distortion of
the truth, Lieutenant.

Private Bell was placed
on barracks restriction.

He was given water and vitamin

supplements, and I
can assure you...

at no time was his
health in danger.

I'm sure it was lovely
for Private Bell.

But you did order the barracks
restriction, didn't you?

You did order the denial of food?

Yes, I did.

Wouldn't this form of discipline
be considered a Code Red?

No.

If I 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 of
questioning. It's argumentative...

and irrelevant badgering
of the witness.

The government's objection is
sustained, Lieutenant Kaffee...

and I would remind you that you're

now questioning a
Marine officer...

with an impeccable service record.

Thank you, Your Honour.

Lieutenant, was
Dawson given a rating

of below average on
this last report...

because you 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 of values...

because he made a decision about
the welfare of a 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't you?

- Object.
- Sustained.

Lieutenant Kendrick,
one final question.

If you had ordered Dawson to
give Santiago a Code Red.

I specifically
ordered those men...

Would he disobey you 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.
- Thank you.

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 11:00. What

the fuck are you 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 are you 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

of operations 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 sidestep you.

You don't still intend
to put me on the stand?

Thursday morning, 10:00.

There's gotta be someone who
can testify to the flight.

This isn't TWA. There isn't
a regular flight schedule.

Do you have any idea how many

planes take off and
land every day?

A ground crew kid won't remember a
flight that landed four weeks ago.

How do you know if
you don't check?

Forget the flight.

Markinson will testify that Jessup
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 of the 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
Company Windward,

Lieutenant Jonathan
James Kendrick.

You're gonna do fine.

You think they'll let us go back
to our platoon soon, ma'am?

Absolutely.

Do you remember the order
of questions? Are you sure?

And we'll use small
words, because he

gets rattled if he
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.

Dear Mr. And Mrs. Santiago...

I was William's executive officer.

I knew your son vaguely, which
is to say I knew his name.

In a matter of time, the
trial of the two men...

charged with your son's
death will be concluded...

and seven men and two women
whom you've never met...

will try to offer
you an explanation

as to why William is dead.

For my part, I've
done as much as I

can to bring the truth to light.

And the truth is this.

Your son is dead for
only one reason.

I wasn't strong enough to stop it.

Always, Lieutenant Colonel
Matthew Andrew Markinson...

United States Marine Corps.

Private, I want you to
tell us one last time.

Why did you go to
Private Santiago's

room on the night
of September 6th?

A Code Red was ordered by
my platoon Commander...

Lieutenant Jonathan
James Kendrick.

Thank you.

Your witness.

Private, the week
of 2nd September...

the switch log has you down
at Post 39 until 1600.

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 by Jeep?

About ten or fifteen minutes, sir.

You ever had to walk it?

Yes, sir. That day, Friday.
The pick-up private.

That's what we call the guy who
drops us off and picks us up...

also because he can get
girls in New York City.

The pick-up 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 if it's about ten or fifteen
minutes by Jeep, I'm guessing...

it must be a good hour
by foot, am I right?

Pick-up and me did
it in 45 flat, sir.

Not bad.

You've said that your assault
on Private Santiago...

was a result of an order that
Lieutenant Kendrick gave you...

in your barracks room
at 1620, am I right?

Yes, sir.

But you just said
that you didn't make

it back to the
barracks until 1645.

Sir?

Well, if you didn't make it back
to the barracks until 1645...

how could you be in
your room at 1620?

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?

No, sir.

I'd like to request a recess in
order to confer with 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?

Hal.

Did Lance Corporal Dawson tell
you to give Santiago a Code Red?

Hal.

- Don't look at him.
- Hal.

Private, 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 do you think he is?

As far as Downey was concerned,
it was an order from Kendrick.

It doesn't matter that he
didn't hear it first-hand.

He doesn't distinguish
between the two.

Danny, I'm sorry.

Don't worry about it.

Sam and I were just 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.

If we work at it,
we can get Dawson

charged with the
Kennedy assassination.

Are you drunk?

Pretty much.

Yeah.

I'll put on a pot of coffee. We've
got a long night's work ahead.

She's gonna make coffee.

That's nice.

Downey wasn't in his room.

Wasn't even there.

That was an important piece of
information, don't you 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 of that 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 think we can win.

Maybe you should drink a little.

We'll go to Randolph
in the morning and

make a motion for a
24-hour continuance.

- Why would we want to do that?
- To subpoena Colonel Jessup.

What?

Listen for a second. Hear me out.

No. I won't listen, and
I won't hear you 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 ask Jessup
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 see
Jessup's reaction.

You had an instinct, and it
was confirmed by Markinson.

Let's put Jessup on the
stand and end this thing.

What possible good could come
from putting Jessup on the stand?

He told Kendrick to
order the Code Red.

He did? That's great.
Why didn't you say so?

And of course you
have proof of that.

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.

Colonel Jessup, 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 Defence Counsel Kaffee...

it's a court-martial.

Yes, Johnny, after
falsely accusing...

a highly decorated
Marine officer...

of conspiracy and perjury...

Lieutenant Kaffee will have a
long and prosperous career...

teaching typewriter maintenance at
the Rocco Clubo School for Women.

Thank you for playing "Should
we or should we not...

follow the advice of the
galactically stupid?"

I'm sorry I lost your
set of steak knives.

Stop cleaning up.

Sam, stop cleaning up.

- Want a drink?
- Yeah.

- Is your father proud of you?
- Don't do this to yourself.

I'll bet he is.

I'll bet he bores the shit out
of the neighbours and relatives.

"Sam's made Law Review. He's
got a big case he's making.

He's arguing. He's
making an argument."

I think my father would'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

about your father in college?

Yeah?

One of the best
trial lawyers ever.

Yes, he was.

If I were Dawson and Downey
and I had a choice...

between you or your father to
represent me in this case...

I'd choose you any day of the
week and twice on Sunday.

You should've seen yourself
thunder away at Kendrick.

Would you put Jessup on the stand?

Do you think my father would have?

With the evidence we got?

Not in a million years.

But here's the thing, and there's

really know way of
getting around this.

Neither Lyle Kaffee
nor Sam Weinberg

are lead counsel
for the defence...

in the matter of US
v. Dawson and Downey.

So there's really only one
question. What would you do?

Jo, get in the car. Joanne,
please get in the car.

Look.

I apologise. I was angry. I'm
sorry about what I said.

I'm gonna put Jessup on the stand.

What do you suggest we do?

I say we hit Jessup with
the phony transfer order.

What's a transfer order
without a witness?

- We have a witness.
- A dead witness.

In the hands of a lesser attorney,
that would be a problem.

Look at this. Last night he's
swimming in Jack Daniels...

and now he can leap tall
buildings in a single bound.

I'm getting my second wind.
Sit down, both of you.

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 think you 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 of all the Harvard mouth
in his faggoty white 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 are you gonna do it?
- I have no idea.

- I need my bat.
- Your what?

I think better with 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 better with his bat?
- I can understand that.

Stay here. I'm going to
the office for a while.

He does think better
with 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
to you for a second?

Oh, yeah, sure.

How you feeling?

Well, I think Jessup's gonna
have his hands full today.

Listen, Danny...

when you're out there today...

if you feel like it's
not gonna happen...

if you 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 of trouble.

Wait, Lieutenant
Commander Galloway...

you're not suggesting that I
back off a material witness?

If you think you
can't get him, yeah.

All rise.

- Where's Sam?
- He's on his way.

- Call your first witness.
- Where is he?

- He'll be here.
- Lieutenant.

Call your witness.

Defence calls Colonel
Nathan Jessup.

Colonel Jessup, would you raise
your right hand please, sir?

Do you 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 state
your name, rank and

current billet for
the record, sir?

Colonel Nathan R. Jessup,
commanding officer...

Marine Ground Forces,
Guantanamo Bay, Cuba.

- Thank you, sir.
- He's not here.

Colonel, when you learned of
Santiago's letter to the N.I.S...

you had a meeting with
your two senior officers.

- Is that right?
- Yes.

The platoon Commander,
Lieutenant Jonathan 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 know just what

the defence counsel is implying.

I'm implying simply
that at present

Colonel Markinson is not alive.

Colonel Jessup 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-calibre pistol.

The witness is aware,
the court is aware...

and now the court
members are aware.

We thank you 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 off the
base immediately.

Why?

I felt his life might be in danger
once word of the letter got out.

Grave danger?

Is there another kind?

Colonel, we have
the transfer order

that you and Markinson
co-signed...

ordering that Santiago
be on a flight leaving

Guantanamo at 6:00
the next morning.

- Was that the first flight?
- The 0600 was the first flight.

You flew up to Washington
this morning. Is that right?

I notice you're wearing your class
"A" dress uniform in court today.

- As are you, Lieutenant.
- Did you wear that on the plane?

Please the court, is this
dialogue relevant to anything.

Defence 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 brought your dress uniform?
- Yes.

Toothbrush, shaving
kit, underwear?

Your Honour.

Is the Colonel's underwear a
matter of national security?

Gentlemen. You
better get somewhere

fast with this, Lieutenant.

Yes, sir. Colonel?

I brought a change of clothes
and some personal items.

Thank you.

After Dawson and Downey's arrest
on the night of the sixth...

Santiago's barracks were sealed
off and its contents inventoried.

"Four pairs camouflage pants,
three long-sleeve khaki shirts...

three pairs of boots, four pairs

green socks, three green T-shirts"

Please the court, is there a
question anywhere in our future?

Lieutenant Kaffee, I have to ask
you to state your 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 of
all phone calls made

from your base in
the past 24 hours.

After being subpoenaed to
Washington, you made three calls.

Do you recognise
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...

of the 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 6th, and
these are 14 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 do you

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 to you...

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 of his 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
Honour, it's obvious

that Lieutenant
Kaffee's intention...

is the smear a high-ranking
Marine officer...

in the hope that the
mere appearance

of impropriety will
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.

Colonel.

Is this funny, sir?

No, it's not. It's tragic.

- Do you 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
of William 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 that you 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.

Do you have any other
questions for me, counsellor?

Lieutenant, do you 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 if you'd address
me as "Colonel" or "sir."

I believe I've earned it.

Defence counsel will address the
witness as "Colonel" or "sir."

I don't know what the hell kind
of unit you're running here.

The witness will
address this court

as "judge" or "your honour."

I'm quite certain I've earned
it. Take your seat, Colonel.

What do you want to discuss
now? My favourite colour?

Colonel, the 6:00 a.m. flight
was the first one off the 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 Honour, 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 11:00 p.m.

The Andrews log lists no flight
that landed at 2:00 a.m.

I'd like to admit them as defence
exhibits Alpha and Bravo.

I don't understand.
You're admitting

evidence of a flight
that never existed.

We believe it did, sir.

Defence will be
calling Airmen Cecil

O'Malley and Anthony Rodriguez.

They were working
the ground crew at

Andrews at 2:00 a.m. on the 7th.

These men weren't on the list.

Rebuttal witnesses, Your Honour...

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 Christ's sake.

We'll get to the airmen
in just a minute, sir.

A moment ago you said that you
ordered Lieutenant Kendrick...

to tell his men that Santiago
wasn't to be touched.

That's right.

And Lieutenant Kendrick was
clear on what you wanted?

Crystal.

Any chance Lieutenant
Kendrick ignored the order?

Ignored the order?

- Any chance he forgot about it?
- No.

Any chance Lieutenant
Kendrick left your

office and said, "The
old man is wrong?"

No.

When Lieutenant Kendrick
spoke to the platoon...

and ordered them not
to touch Santiago,

any chance they ignored him?

Have you ever served in
an infantry unit, son?

- No, sir.
- Ever served in a forward area?

No, sir.

Ever put your life in
another man's hands?

Asked him to put
his life in yours?

No, sir.

We follow orders, son.

We follow orders, or people die.

It's that simple. Are we clear?

Yes, sir.

Are we clear?

Crystal.

I have just one more
question before I

call Airmen O'Malley
and Rodriguez.

If you gave an order that
Santiago wasn't to be touched...

and your orders are
always followed...

then why would
Santiago be in danger?

Why would it be necessary to
transfer him off the base?

Santiago was a substandard Marine.

- He was being transferred.
- That's not what you 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 to you.

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
that your 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 what
you 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.
- Consider yourself in contempt.

Colonel Jessup, 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 of
not knowing what I know,

that Santiago's death, while
tragic, probably saved lives.

And my existence,
while grotesque and

incomprehensible to
you, 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
honour, code, loyalty.

We use these words as the backbone

of a 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 of the
freedom I provide...

and then questions the manner
in which I provide it.

I would rather you just said
thank you and went on your way.

Otherwise, I suggest you pick
up a weapon and stand a post.

Either way, I don't give a damn

what you think you
are entitled to.

Did you order the Code Red?

- I did the job...
- 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?

Jack.

The members of the
court will retire to

an anteroom until
further instructed.

All rise.

What the hell is this?
Colonel, what's going on?

I did my job. 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?

Colonel Jessup, 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 by you.

I'm gonna rip the eyes out of your
head and piss in your dead skull.

You fucked with the wrong Marine.

Colonel Jessup, do
you understand these

rights as I have just 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 of a 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 of murder, the
members find the accused...

not guilty.

On the charge of conspiracy
to commit murder...

the members find the
accused not guilty.

On the charge of
conduct 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 dishonourably

discharged from the Marine Corps.

This court-martial is adjourned.

All rise.

What does that mean?

Hal?

What did that mean?

I don't understand. Colonel Jessup
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 for Willie.

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 honour.

Ten-hut.

There's an officer on deck.

Airmen Cecil O'Malley
and Anthony Rodriguez.

What exactly were these
guys gonna testify to?

Unless I'm mistaken, they were
both gonna testify under oath...

that they had absolutely no
recollection of anything.

Strong witnesses.

And handsome too, don't you think?

I'll see you around campus.
I gotta go arrest Kendrick.

Tell him I say hi.

Will do.