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.

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.