JAG (1995–2005): Season 10, Episode 7 - Camp Delta - full transcript

(indistinct voices)

(keys jangling)

(speaking Arabic)

Extract him.

Yes, sir.

(panting)

(grunting and groaning)

Son of a... Spray him.

(aerosol releasing) (yelling)

(choking) Come on.

(grunting)



Come on.

Stay still.

(shouting in Arabic)

Let him go.

He's not secured, Sergeant.

I said let him go!

(sighs)

He's U.S. Army.

Well, why didn't
he say something?

Get that thing off!

Hey, what time did he call you?

0500.

Got me out of the shower.

Don't marines ever sleep?



Don't ask me.

(Velcro tearing)

COATES: You're a bit large, sir.

CRESSWELL: Then let's forget it.

I can handle it.

Is it too tight, sir?

I don't want to hurt you.

You're not hurting
me. Start pumping.

(blood pressure cuff inflating)

Enter.

(monitor beeping)

134/90.

Yellow light, sir.

I work out five days a week.

I'm eating so much fiber
I feel like a bale of hay.

I've never been healthier.

You might want to
consider biofeedback, sir.

Would you like me
to look into it for you?

No, I would not.

It's no problem, sir.

No biofeedback.

Have a seat.

Either of you been
to Guantanamo?

No, sir.

I've been to Cuba,
not Guantanamo, sir.

I was there to recover
one of our F-14s.

Were you successful?

In a manner of speaking.
It's a bit of a long story...

You'll tell me about it someday.

Last night

Army Corporal Gino
Hatanian posed as a detainee

in what was supposed
to be a training exercise

in handling
uncooperative prisoners...

Supposed to be?

The scenario was:

Hatanian had vital information

needed by the CIA.

He was instructed

to resist being
taken to interrogation.

He resisted...

so well, three MPs
put him in a coma.

A coma? You're not going to keep

echoing me, are you, Colonel?

Echoing you?

No, sir.

RABB: I assume
the MPs didn't know

he was regular army, sir.

Correct. They were
told he was Al-Qaeda.

That's irrelevant.

Brutality is never acceptable.

We established
that at Abu Ghraib.

Ah, but this is
Guantanamo, Colonel.

The rules of physical
duress are vague

when it comes to
suspected terrorists

and illegal combatants.

The MPs may very well
have not broken any law.

General Spinoza
commands the joint task force

that runs the detention center.

He asked the navy to provide

a trial team for
a court-martial.

Colonel, you'll prosecute.
Commander, you'll defend.

He wants us to
prosecute the MPs?

The army has its
own JAG Corps, sir.

Army JAG feels it'll eliminate
any perception of impropriety

or command
influence if we take it.

I agreed.

Did I make a wrong
decision, Colonel?

No, sir, of course not.

That'll be all.

RABB: Uh, who will preside, sir?

Captain Munsen, Navy.

And the court members, General?

Mixed. If there's
nothing else...?

No, sir.

Thank you, sir.

Colonel?

Sir?

General Spinoza isn't
particularly fond of marines,

but don't worry...

he likes the navy even less.

Here are your TAD
orders, sir, ma'am.

Your flight to Guantanamo
departs from Norfolk

in three hours and 45 minutes.

We better get going.

Ten minutes ago, yes, sir.

(tapping door): Hey, Bud. Oh.

Sorry, sir.

My leg gets a little sore
with the damp weather.

Listen, I got to
cancel lunch today.

I'm on my way to Guantanamo.

Oh, no problem. Uh, you
know, Mikey's coming up.

We'll go out and get something.

While you're out, you
may want to check into

a new pair of shoes.

MacKENZIE: Okay,
on the Article 86:

push mitigating circumstances.

Oh, and there's a witness
who saw Petty Officer Lyons

running out of the
PX carrying a bag...

Mac... I've got the files.

I have tried a case before.

(sighs)

Thanks for covering for me.

You know me, always ready
to help out a fellow officer.

Especially when the
general orders you to.

(chuckles)

Mac.

You know, you're heading
into a political minefield here.

You won't be
prosecuting soldiers

for assaulting another soldier.

You'll be prosecuting
MPs for abusing a detainee,

and the press will be on
you like locusts on wheat.

Remember the context.

I appreciate the
warning, Sturgis,

but you're not my boss anymore.

I'm not speaking
to you as a boss.

I'll send you a
postcard from Gitmo.

Don't worry, sir.

You couldn't have picked
two more impassioned people.

As legal adversaries.

ROBERTS: Oh, they feel good.

I'll take them.

Bud, that's the first
pair you tried on.

I like them.

Do you have any other brands?

Mm-hmm. Thanks.

MAN: Iraq?

Afghanistan.

Right, right, yeah.

That's where you guys blew up

$20 tents with million-
dollar missiles, right?

Really had the
Taliban on the run.

The minute we leave,
they're gonna be back.

You know that, right?

You don't even know
what you're talking about.

Mike, let it go.

He's entitled to his opinion.

You lost part of a leg.

We got kids coming
back in body bags,

two, three limbs blown off.

Is it worth it?

What is your problem?

(scoffs): Other than
being tricked into

a bloody, unjust, badly-planned
war we can't win? Nothing.

Hey, we already
won the war, pal.

Why? Because someone
declares, "Mission accomplished"?!

No. Because we dragged a
murdering dictator out of his hole and put

him behind bars. So, let's
get all the dictators, huh?

Let's round 'em up, I mean...

And what are we
gonna gain, Mike?

I mean, what is this war about,

other than imposing our
will? It's about our freedom.

What freedom would I have
lost if we hadn't invaded Iraq?

The freedom to say anything
you want, no matter how stupid.

You know, if you don't
like what this country does,

why don't you leave it?

No. You leave! Oh, yeah!

If people like us left, your daughter'd
be wearing a burka in five years.

Oh, that is an absurd,
idiotic statement...

You're the idiot,
you big fat piece of...

That's enough. You
knuckle-dragging

storm trooper. Sieg heil!

(grunts) MIKE: Oh!

Oh, I'm sorry.

I-I thought you
were going to hit him.

You broke my nose!

Oh, God...!

(moaning)

MAN: General Cresswell tells
me you're two of his best lawyers.

Well, that's awfully
kind of the general, sir...

Don't waste my time with
false modesty, Commander.

Are you good or not?

We get the job done, sir.

Spoken like a true marine.

Thank you, General.

Will you be defending all
three men, Commander?

Unless someone objects, sir,
or there's a conflict of interest.

No one's pointing the
finger at anyone else,

if that's what you mean.

I'll wait till I interview
the accused, sir,

before I make my determination.

Hmm, won't take
my word for it. Good.

You'll have full cooperation,
access to records,

facilities, support staff, MPs,
detainees, whatever you need.

I understand there's a videotape
of the incident, General?

There is. Unfortunately,
it's been misplaced.

I'd appreciate a copy as
soon as it's been located, sir.

Absolutely. Captain Schooner
will show you to your offices.

(knocking)

WOMAN: Commander Rabb?

Captain Tam, Army
Trial Defense Service.

I just got in from Fort Stewart.

Oh, hello, Captain.

So, is that my desk?

They didn't tell you?

Apparently not.

I'll be assisting you, sir.

Captain, I didn't request
assistance from Army JAG.

CINCSOUTH felt
the army should have

some representation
in this rodeo.

You could say I'm kind
of a political appointee.

Look, uh, Captain...

You can refuse my
services, of course, sir.

But I'm a damn good lawyer.

I'm yours for free.

All right.

Well, you should know
that General Spinoza says

the videotape of the
incident has been misplaced...

I'll get on it.

Before we do that,

we're going to start
interviewing our clients.

Firstly, we'll interview
Staff Sergeant Lantana.

He was in charge
of the MP detail.

You must be the defense team.

That's right. I'm Brett Orman.

This is Staff Sergeant Lantana.

He wants to confess.

LANTANA: Sir, I
take full responsibility

for what happened
to Corporal Hatanian.

RABB: Who are you?

I just told you. Brett Orman.

I work for Ajax, a
private defense firm.

A civilian contractor.
ORMAN: That's right.

What's your
interest in this case?

I was the one who asked
Staff Sergeant Lantana

to bring the detainees
to the interview room.

Staff Sergeant, I'm
Commander Rabb.

This is Captain Tam.

We're your legal representation.

You'll not take responsibility
nor will you make

any further statements
without our consultation.

Is that understood?

Yes, sir, but...

I'm willing to plead
guilty if it'll help my men.

Nobody's pleading
guilty, Staff Sergeant.

Now, Mr. Orman,

we'd like to speak
to our client alone.

Guard. Of course.

As you were, Staff Sergeant.

Have a seat.

Sorry, sir.

I've never had to deal
with this kind of thing before.

That's all to your
credit, Staff Sergeant.

What you need to understand
is that we're on your side.

Now take a breath and,
uh, tell us what happened.

Okay.

My team is part of the IRF:
the Internal Reaction Force.

One second, please.

Continue.

Uh... we go in when
a detainee threatens

another detainee or a guard,
or, uh, causes a disturbance.

Are you armed?

Only with pepper spray, ma'am.

No firearms or stun guns.

Did you know
this particular call

was a training exercise?

No, ma'am, they told us

the detainee in Cell D-436

was an Al Qaeda terrorist
with vital information.

They?

Intel. They told us to take him
to Mr. Orman for questioning.

They-they warned
us that they had

to pepper-spray him earlier
because he a-assaulted a guard.

What happened
when you got there?

He was hunkered
down under his bunk.

We tried to coax him out.

He resisted, so we got
a little more physical.

You put the guy in the
hospital, Staff Sergeant.

I'd call that pretty
darn physical.

DR. WITTMAN: He has a concussion

and damaged trachea.
MacKENZIE: Brain damage?

DR. WITTMAN: We
won't know till he wakes up.

And when will that be?

There's no way of telling,
but if I don't see signs

of improvement soon, I'm
sending him to Walter Reed.

Most of the
injuries are internal.

You get many of these, Doctor?

The majority of detainees suffer

from constipation or sprains

from playing
volleyball and soccer.

But you have had
other types of injuries?

Yes. Due to beatings?

I've treated patients for
abrasions and bruises.

Due to beatings, Doctor?

Possibly.

Has your IRF team beaten
up any other detainees,

Staff Sergeant? Ma'am, we
use the minimum amount of force

necessary to get the job done.

You... Does that include

softening up captives
for interrogation?

Not in so many words.

What does that mean?

Ma'am, you'll have to talk
to Intelligence about that.

You need to be candid with
us. We're here to help you.

With all due respect,
ma'am, you don't sound like it.

I hope you don't mind me
talking while you interrupted.

I apologize if I was a little
over-assertive, Commander.

Being assertive is fine.

Just remember you're
second chair, Captain.

Yes, sir... I just thought that
Colonel MacKenzie will try

to establish a
pattern of behavior

showing that MPs regularly
use coercion and force.

She'll find detainees who
witnessed the incident,

put them on the
stand... No, she won't,

because she knows
I'll attack their credibility.

Yes, but... I'm
talking now, Captain.

Please, before
you start worrying

about the
prosecution's strategy,

we need to gain our
client's confidence,

and we're not going
to be able to do that

if you keep attacking him.

I was playing
devil's advocate, sir.

Well, the devil has
enough advocates.

Start representing your client.

Sweetie, are you okay?

Oh, I'm good. How are you?

I'm fine. Do you
know that they have

Bible study class in there now?

(scoffs): Jails have sure
changed since my time.

You didn't have to come, Dad.

Hey, what am I going to do,

sit here and watch
you rot in jail?

Besides, I wanted to see how
my new grandsons are doing.

They're fine, Dad.

Dad put up your bail.

I appreciate that.

Sorry to be trouble, Dad.

Hey, no need to apologize.

From what I hear, the
son of a bitch had it coming.

Hell, it's about time I saw
you show some grit anyway.

You know, one
time I was on leave

in, uh, Subic Bay.

This cretin tried
to steal my wallet.

(laughs): I chased
him all the way...

I just got off the phone
with the Fairfax County

Commonwealth Attorney's Office.

Care to venture a guess
who we talked about?

Me, sir?

You, sir.

He informed me the
Commonwealth of Virginia

is charging you with assault.

ROBERTS: So I've heard, sir.

So you've heard?

Were you ever going to tell me?

I didn't want to burden you

with my personal
problems, General.

A JAG officer brawling in public

is not a personal problem,
Commander Roberts.

When he's in uniform
under my command,

it's my problem.

Did you know about this?

No, sir.

Did you attack this civilian?

Yes and no, sir.

Uh, he attacked my brother
with a shoe, and I was trying...

A-a shoe?

Yes, sir,

a-a-a heavy shoe: a
wing-tipped Oxford.

Why?

The gentleman had said

some disparaging
remarks about the military.

My brother Mikey's

a midshipman at the Academy.

He took offense, heated
words were exchanged, and...

So you hit a wingtip-wielding
history teacher

because he insulted the navy?

Well, not just the navy, sir.
The Marine Corps as well.

Are you trying to
manipulate me, Commander?

No, sir.

If you're convicted,
your Naval career is over.

You know that.

I expect to be acquitted, sir.

You're a member of the
Virginia Bar, Commander.

You'll volunteer
as defense counsel.

Aye, aye, sir.
Make this go away.

Do my best, sir.

After the civilians
are done with you,

Commander Roberts...
it'll be my turn.

That'll be all, gentlemen.

Dismissed.

Aye, aye, sir. Aye, aye, sir.

Specialist Scanlon,
anything you say

in this room is protected
by lawyer-client privilege.

Was Corporal Hatanian violent

or otherwise threatening?

Yes, sir.

How?

Sorry.

Did he attack you?

He kicked me in the chest.

If we hadn't taken him down,
he might've hurt somebody.

Look, now I know the
guy was acting and all,

but at the time, we
thought it was real.

Is this how you would
normally treat a prisoner?

We use force to subdue

violent and recalcitrant
prisoners... yes, sir.

You thought the
prisoner was a terrorist

with vital information.

Were you ordered
to soften him up?

Well, sometimes,
we're encouraged

to "fear up" certain
high-value prisoners.

By whom, your officers?

No, sir, by the OGA,

or I should say, the civilian
contractors who work for 'em.

(man's garbled speaking
over P.A. system)

General.

Colonel MacKenzie.

How goes the battle?

Well, let's see, General.

My key witness is in a coma,

and a vital piece of
evidence is missing,

but aside from that,
I'm in great shape.

Glad to hear it.

Speaking of that, any
word on the tape, sir?

I'm certain it'll turn up.

Seems a lucky coincidence
for your men that it's missing, sir.

Well, subtlety isn't
high on your list

of accomplishments,
is it, Colonel?

No, sir, but tenacity is.

You'll have the
tape when we find it.

If it hasn't been
destroyed, sir.

Suggestion: don't make
accusations you can't back up.

When I'm ready to make
an accusation, General,

I'll back it up.

Excuse me. My
chow's getting cold.

Roast lamb today.

Enjoy your lamb, General.

(indistinct shouting in Arabic)

ORMAN: We're either the first
line of defense against terrorism

or a symbol of
Washington's willingness

to defy international law.

Depends on who you talk to.

We observe Islamic dietary laws.

We provide a
Koran, prayer beads,

prayer rug, and an arrow

painted on the floor
pointing toward Mecca.

If they cooperate. Correct.

Cooperation earns privileges.

Lack of cooperation,
we take away privileges.

Keep in mind, Commander:

these people are not
soldiers of any country.

They're illegal
combatants not entitled

to prisoner of war status

and not protected by
the Geneva Conventions,

and we do everything in our
power to treat them humanely.

I that what they're
yelling about?

Thanks for the humane treatment?

They're demanding
lawyers to plead their cases

now that the Supreme Court
ruled they have the right.

And will they get
the opportunity?

They'll get a fair hearing.

What did you do before
you worked with the Agency?

I don't work for the CIA.
Like I said, I work for Ajax.

Well, Ajax is
contracted by the CIA.

I was with the Army
Special Forces.

Is that where you learned

your interrogation techniques?

Some.

Some I picked up on the job.

Like having the MPs
soften up the prisoners

before you question them?

I don't micromanage
the guards, Commander.

They do what they do.

Without any guidance from you?

I understand you have to defend

Staff Sergeant
Lantana and his men.

I'd like to help you,

but I never ordered anyone
to beat a prisoner senseless.

Commander Rabb.

Excuse me.

Corporal Hatanian's awake.

Only a couple of minutes,
Commander, no more.

RABB: How you feeling, Corporal?

(in a croaky whisper):
A little woozy, sir.

Well, we won't keep you long.

I'm Commander Rabb.
This is Captain Tam.

You remember what
happened to you, Corporal?

Three MPs came.

They dragged me
out... choked me.

I hit my head, and
that's all I remember, sir.

Did you recognize any of them?

No, sir. I'm with Army CID.

Could you identify them
if you saw them again?

I could, ma'am,

but I won't.

Excuse me?

I won't I.D. them, Colonel,

and I won't testify
against them.

The MPs almost
killed you, Corporal.

You-you have a concussion,
a crushed windpipe...

It was a training
exercise, ma'am.

They didn't know
that I was one of them.

That's beside the point.

If you were a real prisoner,

beating you up
would still be wrong.

If the beating was intentional.

You haven't proven it is.

Yet.

Listen, if they did this to you,

they'll do it to other
defenseless prisoners.

I don't care, ma'am.

Corporal?

These "defenseless
prisoners" are killers, Colonel.

They'd cut our throats
in a minute if they could.

That doesn't make it
right for us to abuse them.

HATANIAN: So we make
them stand there naked,

wear ladies' underwear. So what?

They traveled hundreds,
thousands of miles

to kill Americans.

You can't believe
how much they hate us.

Think of 9/11.

Those are the guys, ma'am.

Not all of them.

That's why we're here, ma'am...

to find out which ones.

I can have you ordered

to appear, force you to testify.

I'm sorry, Colonel.

My memory's not so good.

Must be my concussion.

Do you condone this?

Corporal... I know you
want to protect these guys.

Believe me, I want
to help them, too.

They're my clients.

But you need to tell the truth.

Let a jury decide.

Sorry, Commander.
My head really hurts.

I have no idea what
you're talking about.

We were talking about
Iraq, Afghanistan, the war.

I thought we were having
an adult conversation.

Then suddenly they
became abusive, and pow!

He broke my nose.

You're a history teacher?

Correct. I teach at Emerson
High School, in Seven Corners.

So you're used to discussing
war, history, world events?

Sure. I get
passionate sometimes,

but I don't hit people.

He resorted to violence
because he had no words.

That's typical of the
military mentality.

That's how we got in the
Iraqi mess in the first place.

Objection.

Witness is sermonizing.

Overruled.

Pay attention, lady.

MACKENZIE: Staff
Sergeant Efren Lantana,

Specialist Ray Scanlon,

Private First Class
Nathaniel Courier,

you are charged with
violation of UCMJ Articles 128,

93 and 92: assault,

maltreatment, and dereliction
of duty for willfully failing

to protect a prisoner from
abuse and maltreatment.

How do you plead?

Not guilty.

Not guilty.

Not guilty, sir.

Corporal Hatanian suffered
a severe impact to the skull,

causing a temporary alteration
in neurological function.

In other words, a concussion.

Yes.

Luckily, there was
no brain damage.

At least none
that I could detect.

What other injuries
did he sustain?

His windpipe is inflamed
from pressure around his throat.

What caused these
injuries, Doctor?

The man was beaten and choked.

How many similar
cases have you treated?

Objection. The accused are not
on trial for other alleged beatings.

Your Honor, I intend to
establish a pattern of behavior

proving the culture
at Camp Delta

accepts, even encourages,

prisoner abuse for the purpose

of eliciting information.

Counsel is on a fishing
expedition, Your Honor.

This is a court-martial,
not a Senate investigation.

So you admit a Senate
investigation is appropriate.

Colonel MacKenzie...

Your Honor, I'm trying
to bring everything out

into the open. After
Abu Ghraib, the military

can't afford the
appearance of a cover-up.

That reference is inflammatory
and gratuitous, Colonel.

Tactics like that won't
cook in my courtroom.

I apologize, Your Honor.

Commander, I'm going
to overrule your objection

because I want
to hear the answer.

Not because I'm afraid of
being accused of a cover-up.

Major, how many similar
cases have you treated?

Less than a dozen, sir.

None this severe.

That answer your
question, Colonel?

Yes, sir. Thank you.

No further questions.

Doctor, could Corporal
Hatanian's injuries

have resulted from a
struggle, rather than a beating?

How so?

Well, for instance,
his concussion

could have been the result

of accidentally hitting his
head on the metal bunk

when the M.P.s dragged
him out from under it.

It could have.

And the compression
of his trachea

could have resulted
in any number of ways

as he violently resisted.

I wasn't there,
but it's possible.

Thank you, Doctor.
No further questions.

Doctor, could the bruises around
the Corporal's throat be caused

by "accidentally" sticking
his neck into a pair of hands

and choking himself?

I withdraw the question.

G himself?

Ted you were having
an adult conversation,

and then "pow," Commander
Roberts broke your nose.

That's right.

Well, did your part
of this conversation

include such phrases as,

"knuckle-dragging
storm troopers"?

I didn't mean that literally.

Is that what you
call your students

when they disagree
with you in class?

Objection. Sustained.

And when you raised your
arm in a threatening manner

and shouted, "Sieg Heil,"

did you mean that literally?

Of course not.

Just a part of your

"adult conversation"? Objection.

Sustained.

Did you threaten the
defendant's brother with a shoe?

That's ludicrous.

I might've picked up a shoe,

but we were in a shoe
store, for God's sake.

I certainly didn't
threaten anyone with it.

You didn't raise it as
if to strike someone?

Objection. Asked and answered.

Sustained.

Put your shoe
back on, Counselor.

Isn't it possible that
Commander Roberts thought

you were going
to hit his brother?

I don't know.

Maybe. And his
hitting me was what,

a preemptive strike?

We know how much
the military loves those.

Your Honor...

Just answer the
questions, Mr. Flanzer.

Yes, ma'am.

Are you aware that
Commander Roberts lost his leg

while on a humanitarian mission

in Afghanistan,

saving a young boy
from a minefield?

Objection. Irrelevant.

Sustained.

Exception.

Noted. Any further questions?

No, ma'am. I'm done
with this witness.

JUDGE: This court is recessed
until 9:00 a.m. tomorrow.

(gavel bangs)

You nailed him.

With this judge, I don't know.

MACKENZIE: Mr. Rasuli,
how long were you incarcerated

at Guantanamo?

20 months.

Why were you released?

I was no longer "dangerous."

Would you, uh, describe
your experience here?

Horrible. A nightmare.

They pepper-sprayed me,

they pinned me down,

they poked their
fingers in my eyes.

They forced my
head into the toilet,

and they promised to send
me to an Arab country for torture.

Were you beaten, as well?

Once. They tied me up, and
they punched and they kicked me,

then they dragged
me out of my cell

and into the recreation yard,

where they just left me
to lie in the sun all day.

Thank you. No further questions.

Where were you raised?

England.

My parents came there from
Jordan when I was very young.

And you were educated
in English schools?

Yes.

A British subject with
Jordanian parents.

Why were you in Afghanistan?

I was visiting friends.

Friends in the Taliban?

Objection. Mr. Rasuli
is not on trial here.

Counsel's reference
to the Taliban

is immaterial and prejudicial.

Sustained. Move on, Captain.

When were you
released, Mr. Rasuli?

About nine months ago.

Why'd it take you so long

to come forward with
these allegations?

I was too traumatized
to speak up until now.

Because you were
beaten every day?

It was not every day.

It was once, as I said.

One time.

Out of 20 months.

Were you fed three meals a day

according to
Muslim dietary laws?

Yes.

Did you receive medical care,

clothing, shoes,

showers, toiletries,

the opportunity to worship,
the means to send mail?

Yes, but I was still
a prisoner in a cage.

Please look at the three
men at the defense table.

Can you identify any of them

as the ones who
allegedly mistreated you?

They all look alike to me.

Thank you.

I have a question, Mr. Rasuli.

Did you file a lawsuit
in the British courts

seeking $10 million compensation

from the U.S. government

for your detention
here in Guantanamo?

Yes. They should pay me for my
mental anguish and my lost time.

So you have a personal interest

in establishing that
detainees are mistreated here.

I'm telling the truth.

MIKE: Well, the problem is,

that judge doesn't
like you too much.

ROBERTS: Oh, you think?

BIG BUD: I think she and
that DA are getting it on.

Oh, Dad, please. I just ate.

Say, are you sure
Turner's the right guy

for this job? Where's Rabb?

In Guantanamo, and, yes,

Commander Turner
is an excellent attorney.

I have complete faith in him.

Well, I'll still
feel a lot better

when you're on the
stand tomorrow, son.

I just hope I can help.

Sure you can.

Just don't slant it too much.

Slant it?

Yeah. Just don't be too obvious.

I don't want him to lie.

I'm not saying to lie.

I'm saying accentuate
the positive.

You tell 'em what you saw, Mike.

Hey, you don't want my help...

Dad, of course
they want your help.

Just not anything
that involves perjury.

Fine. Do what you want.

Hey! Where are you going?

I got a date.

And you know, once in a while

it wouldn't hurt you to
listen to your old man.

Cap...

you'll want to look
over this witness list.

I found the tape, sir.

It was in the recycle pile.

I'm sure it wasn't deliberate.

Nice job.

I'll inform Colonel MacKenzie.

(dialing phone)

(speaking foreign language)

Extract him.

(blows landing, groaning)

(grunting, blows landing)

Let him go. I said let him go!

He's U.S. Army.

Well, why didn't
he say something?

Get that thing off!

I'll want a copy of that.

We'll see that you get one.

We're fighting a
losing battle now, sir.

They're the only
kind worth fighting.

Play it again, Tam.

Just the man I'm looking for.

What can I do for
you, Master Chief?

I had a date last night.

Ordinarily, I'd love to
hear about your love life,

but I've got to be in
court in 35 minutes.

Well, I wouldn't worry
about that too much.

Lana's going to be late.

When I left, she was
just falling asleep.

Lana?

Yeah, that court reporter?

Very nimble fingers.

Too much information.

Is this too much information?

Judge Mayfield
hates the military.

Now, why would you say that?

Because she had a son who was
recently killed in action in Fallujah.

I'll bet you could
get a mistrial.

You got to do
something. You're losing.

This conversation
never happened.

Rabb would've done something!

MACKENZIE: Mr. Orman,
can you describe

some of the more
aggressive methods you used

to extract information
from prisoners?

Lengthy questioning,

misinformation about
another prisoners' disclosures,

perks for cooperating.

And if the subject
doesn't want to cooperate?

If he's a high-value
intelligence source,

we turn up the heat.

Meaning?

Psychological

and/or physical duress.

Can you be more specific
for the members, please?

Blindfolding, shackling,
high decibel music,

isolation, uncomfortable
positions, heat, cold.

Humiliation?

If you mean, do
I make them strip

and simulate sex acts, no.

Any other types
of physical duress?

Uh, waterboarding, beatings?

I never ordered anyone
waterboarded or beaten.

Your Honor, with
your permission,

I'd like to show a
tape to the court.

(blows landing, grunting)

(prisoner yelling in pain)

(blows landing,
prisoner choking)

(servicemen grunting)

Let him go.

I said let him go!

(prisoner groaning)

He's U.S. Army.

Get that thing off!

Are you saying, Mr. Orman, that
the accused acted on their own?

Objection. Leading the witness.

I'll rephrase.

To your knowledge, did
anyone order the accused

to remove the
occupant of cell D-436

by beating and choking him?

No. Not to my knowledge.

Mr. Roberts, did you feel

threatened in any way

when Mr. Flanzer launched
his dread shoe attack?

Your Honor...

Lose the sarcasm, Mr. Wilson.

Sorry, Judge.

Did you feel threatened?

No, not really.

So your brother's
violent response

was unnecessary

and excessive, wasn't it?

I guess it was a little
unnecessary, yeah,

but he was just...

Has your brother ever
displayed fits of rage before?

Objection.

Goes to predisposition
toward violence, Your Honor.

Overruled.

What a surprise.

MIKE: Not rage, exactly.

He did go off on me once,

when I lost his son
at a mall, but it was

my fault, and I found him later.

So with sufficient provocation,
he displays uncontrolled anger.

Thank you for your candor.

Midshipman, even though
you didn't feel threatened

in the shoe store,
could your brother

have believed you
were in danger?

Absolutely, sir.

Why?

Because that guy
was out of control,

getting in our faces like that.

We didn't do anything
to provoke him,

except maybe wear our uniforms.

So I could see
why Bud might think

he was a loose cannon.

Now, you stated that your
brother "went off on you"

because you lost his son.

When that happened,
did he hit you?

No, sir.

Did he ever hit you?

No, sir.

Not even as kids?

No.

Bud's just not that
kind of person, ma'am.

He's a nice guy.

Thank you, Midshipman.

Did you ever ask the guards
to help you set conditions

for a successful interrogation?

Yes, using the
carrot-and-stick approach.

The stick being...?

Denying privileges,
fear, intimidation.

But not beatings.

So you don't believe in torture.

I didn't say that.

But the wanton infliction
of pain is counterproductive

to effective
intelligence gathering.

Pain is not as great a motivator

as fear of pain.

Well, I'll defer to your
expert knowledge.

Who do you receive
your authorization

to inflict this "fear of pain"
on your high-value prisoners?

My company. Ajax.

And what government

agency is Ajax contracted to?

I don't know.

Well, let's see
what you do know.

I'm going to play
the tape again.

Just the last part.

He's U.S. Army.

Get that thing off!

Now I'm going to play it
forward from here in slow motion.

Is that you in the
red hat, Mr. Orman?

I never ordered that beating.

You didn't stop it, though,
either, did you, Mr. Orman?

You always get the MP's
to do your dirty work for you?

It's not dirty work.

It's what we do
to fight terrorism.

The Pentagon's memo last June

stated that the president
can legally authorize

some forms of torture

for detainees.

Even if I sanctioned

that beating, which I did not,

there's so much
confusion over the issue,

who can say what's
lawful and what's not?

Bud is the kindest, gentlest
man I've ever known.

And he hates violence, and
he rarely loses his temper.

And when he does, he just gets

that cute, little pouty-thing
around his mouth.

WILSON: Didn't your husband
get into a barroom brawl

the night of his bachelor party?

Oh, that wasn't a brawl.

He got beaten up by
a pregnant stripper.

Ah.

Yet another assault
by a pregnant stripper.

Sorry, Judge.

For a gentle man, your husband

seems to get
into a lot of fights.

No more questions.

The witness may step down.

Any more witnesses,
Commander Turner?

A motion, Your Honor.

I move that the Court
declare a mistrial

and remove itself
from the proceedings.

On what grounds?

That the Court,
having recently suffered

a personal loss, is
biased against the military.

Commander Turner,

your allegation
of bias is frivolous.

It is also insulting
to this Court,

and it smacks of desperation.

Now you obviously
dug into my personal life,

which you had no business doing.

Your motion is denied.

I'll hear closing
arguments tomorrow.

In the meantime, Commander,

I'm going to consider
charging you with contempt.

Court is recessed.

(gavel bangs)

General Spinoza, do you support

a policy of controlled
manipulation of detainees here?

For the purpose of extracting

information, yes.

But per a directive issued
by the Secretary of Defense,

the policy precludes
inflicting severe,

intentional pain or causing
permanent damage.

Well, sir, do you
believe that my clients

were within the
framework of that policy

when they forcefully removed

Corporal Hatanian
from his cell, sir?

Yes, they were.

Thank you, General.

No further questions.

Well, then, General,
I'm confused.

If you believe the
accused did no wrong,

why did you convene
this court-martial?

To publicly respond
to those who believe

we are violating
detainees' rights.

And what is your response, sir?

Applying duress

to a detainee is as repugnant
to me as it is to anyone,

but extreme peril demands
extreme measures.

Aggressive interrogation

helped us locate Saddam Hussein,

neutralize two-thirds of
Al Qaeda's top operatives,

revealed their
recruiting methods

and uncovered terrorist plots.

Some consider what
we do here immoral,

maybe even illegal.

But we save American lives.

At the risk of losing
American souls.

I believe

that deep down inside, the
vast majority of our citizens

are glad that we're here,
whether they admit it or not.

And if you're wrong, sir?

Then, should that time come,

I'm prepared to
answer for my actions.

To whatever
authority demands it.

JUDGE MAYFIELD: We have
the right to defend ourselves,

whether the weapon
is a gun or a shoe.

However, we must
know the difference

between an imagined threat

and a real one.

In other words, you just
can't go out and hit someone

because you think
they're going to hit you.

Preemptive action is illegal,

unless the attacker
clearly demonstrates

his intention to inflict harm.

In the heat of the moment,
tempers are flaring,

words exchanged,

I can see how a
reasonable person

an upraised arm as a threat.

I am convinced that
Commander Roberts

thought his brother
was in danger

and he acted in his defense.

I therefore find the
defendant not guilty of assault.

Court is adjourned.

You did it. You did it.

Commander Turner.

Yes, ma'am?

I lost a son in Iraq.

But I still have
a daughter there,

and she's serving in the Third
Armored Cavalry Regiment,

and I respect her
decision to serve.

So next time, you think twice
about accusing a judge of bias.

Yes, ma'am.

Congratulations, son.

Oh, thank God.

Thank God.

Bud, I'm sorry
about up there, I...

Hey, you did great.
I'm proud of you, Mike.

I'm proud of you, too, honey.

Oh, it would have
been so much better

without that pregnant
stripper thing.

Honey, you're the
only pregnant stripper

that I care about.

I better be, sailor.

I'd congratulate you, Commander,

but you should never have
been in the situation to begin with.

I agree, sir.

Still, I can't help
feeling a bit relieved.

Before you feel too relieved,

I just got a call
from Judge Mayfield.

She strongly recommends you
attend anger management classes.

I concur.

But I don't have a
problem with anger.

Bethesda has a
program. Enroll yourself.

Aye, aye, sir.

On the charge and
specification of assault,

not guilty.

On the charge of
dereliction of duty, not guilty.

On the charge of maltreatment,

guilty.

MUNSEN: Extenuation
and mitigation

tomorrow, 0900.

This court's in recess.

Congratulations, Colonel.

For what?

Winning.

I didn't win.

Your guys lost.

I'll recommend
punitive discharge,

no confinement.

I'll let my clients know.

I'm sure they'll be thrilled.

Commander, if you
don't need me anymore...

It's been a pleasure
and an education, sir.

It certainly has.

Captain, good luck.

Colonel.

A little reining in and she'll
make a fine lawyer one day.

That's what they said
about you ten years ago.

So do you think the vast
majority of Americans

support what we're doing here?

I don't know if the vast
majority do, but enough.

Sir.

You did a fine job.

Both of you.

Thank you, General.

Do you feel you
justified your actions

to the American public, sir?

Well, what do
you think, Colonel?

I think you sacrificed your men

in a desperate pursuit
of public absolution.

I think the wrong people
were on trial, General.

Based on what? Your
vast leadership experience?

Your record of tough
command decisions?

No, sir, based on my opinion
of what's fitting and just.

You come serve
under me, Colonel.

Then your opinion will
be worth something.

Meanwhile, you
want to put me on trial,

you know where to find me.