JAG (1995–2005): Season 4, Episode 6 - Act of Terror - full transcript
At night in the Persian Gulf a group of terrorists make a sneak attack on a US Naval warship and explode a weapon, killing five sailors. Upon the arrival of one of the prisoners in the USA, a Marine corporal on a guard detail turns and shoots him on live TV network coverage. Mac and Bud prosecute the corporal for first-degree murder, and Harm defends. However, an "anonymous benefactor" hires a high-priced and high-powered civilian lawyer who also was one of Mac's law professors at Duke. A super-zealous and super-conservative patriot becomes involved -- more than he had intended or expected. Harm gets back his old job, and he helps to solve the mystery.
Holy...
Watchdog Six, this is Post Five.
We have a small boat
in the water, port side.
What's the situation?
There, Lieutenant.
2:00!
Damn it.
Don't move!
Put your hands behind your head.
Tehkan nakhur! Tehkan nakhur!
He's going to
detonate it, Lieutenant..
Fire!
Today we're live
at the naval base
here in Norfolk, Virginia.
We're awaiting the
arrival of the terrorist
who attacked the USS Wake Island
Sunday night in
the Persian Gulf,
Where five sailors were killed.
This is Lieutenant Royce Caron.
He is with the marine's
Fleet Anti-terrorism
Security Team, also
known as FAST Company.
Lieutenant, how did
the terrorists manage
to slip by security
in the first place?
I don't know how
they slipped in, sir
but they sure didn't slip out.
Thank you very much, sir.
Okay, it looks like the chopper
bringing in the
captured terrorists
is coming in right now.
By the way, a second terrorist
was killed during
that sneak attack...
They're bringing him in, huh?
The helo's landing now, sir.
Good morning, sir.
Good morning, Bud. Hi.
To sink the Wake Island,
they were thwarted
by the alert response
of the ship's deck watch.
Now the Navy so far has
not released any information
about the terrorists,
nor his affiliation.
Okay, it looks like the
prisoner is disembarking
from the helicopter right now.
This is the man who attempted
to blow up the United States...
Hey, isn't that...?
Special Agent Novack.
NCIS must've
handed this to the FBI.
Oh, my God... someone...
I think a marine guard
just turned around and-and
shot the prisoner!
Shot the prisoner down!
The other guards are wrestling
the shooter to the ground.
What is happening here?!
Keep this area covered!
I don't care, move it out!
FBI agents are putting
him in a car right now.
They're not waiting
for an ambulance.
Maybe they're afraid there's
another shooter nearby.
I don't know!
I can't tell how
badly he's hurt, Dan,
but from here, it looked
like he was not moving.
We just got word from the FBI
that the prisoner died
en route to the hospital.
Did he say anything
before he died, sir?
Like a deathbed confession?
No such luck.
All we know is his
name is Jaleel Nasseen.
Has anyone claimed
him, sir, or taken
responsibility for
attacking the ship?
No. It could be one of a
dozen groups... Hamas...
Hezbollah, Mujahedin.
We may never know.
Which makes Corporal Barry's act
even more deplorable.
Deplorable, but understandable.
Five of his shipmates
died in the bombing.
Shooting an unarmed man,
no matter how loathsome he is,
is still murder, Commander.
Yes, sir, I-I didn't say
I condoned it. I, uh...
said I understood.
Well, I'm glad you're
so understanding
because you will be
defending Corporal Barry.
He's arrives 0030.
You can talk to him
first thing in the morning
or you can pass, if you wish.
No, sir, I'll take the case.
Good. Good.
Major, you'll be trial counsel.
Mr. Roberts will assist you
with your prosecution.
Dismissed.
Yes, sir.
Aye, aye, sir.
Thank you, sir.
Cheer up. All you have
to do is defend a man
who committed murder in
front of 50 million witnesses.
Thanks for putting
it in perspective.
Hey, the Admiral
gave you an out.
You didn't have
to take this case.
Explain it to her, Bud.
It wasn't an out, ma'am,
it was a challenge.
Oh, which you were
too macho to pass up.
Would you pass it up?
I'm just as macho as you.
Ha.
Come on, Lieutenant,
we have a case to prepare.
We'll talk.
Well, I'm sure we will.
It wasn't murder, sir.
Well, what would you call it?
I don't know, sir.
It's just... something
told me I had to do it.
Something told you?
What, like a voice?
I'm not crazy, Commander.
Take it easy, Corporal.
I didn't say you were crazy.
You had a brother
in the Air Force.
Yes, sir.
He died in '96.
In the Khobar tower
bombing in Saudi Arabia.
Along with 18 other American
servicemen, Commander.
We'll never catch the
cowards who did it.
So this was a payback
for your brother's death?
Sir, he attacked us.
He was a threat to my country.
He wasn't a threat when
you shot him, Corporal.
If you'd studied the
terrorist mind like I have, sir,
you'd know they wouldn't
rest as long as we had him.
There'd be more hostage-taking,
sir, more bombings.
No American was
safe while he was alive.
I did my duty as a Marine, sir.
How were you doing
your duty, Marine?
I eliminated a sworn,
mortal enemy of my country.
I saved lives.
They go around killing
people whenever they want, sir.
Whoever they want.
They call us the
great Satan, sir?
They're the great Satan.
I won't plead guilty, Commander.
What I did was right.
Temporary insanity.
That would apply... to
you, if you think you can win
on a mental
incompetence argument.
Mac, at the time
he pulled the trigger,
he genuinely believed
he had to kill that terrorist
to save American lives.
His brother was killed in
the Khobar Towers bombings.
It was revenge. He
knew what he was doing.
Not at the time he pulled
the trigger. I'm
requesting a 706 hearing.
You can request all the
psych hearings you want.
Your client is not
mentally incompetent.
Going anywhere for lunch?
Yeah, as a matter of fact, I am.
Decide to turn
yourself in, Rabb?
Still going on about that
Russian homicide, Novack?
I was exonerated, remember?
By the military, not by the FBI.
What are you
eating there anyway?
Is that a bowl of lettuce?
Got to watch my blood pressure.
What do you want?
Information.
I'm representing Corporal Barry.
And I should help
you because...?
Because Barry's a good kid.
He got twisted somehow and
he made a serious mistake.
You ever make a mistake, Novack?
Yeah, by not
putting you in prison
when I had the chance.
What are you looking for?
A link between the dead guy
and a terrorist organization.
You want to show he was a
real bad guy who deserved to die.
Something like that, yeah.
I can't help you.
Did Nasseen say
anything before he died?
If he did, it's classified.
So he did say something?
I didn't say that.
You know, I can ask
these questions under oath.
And you'd get the same answers.
What's the problem, Novack?
The prisoner's dead;
your case is over.
No. You know what's
over? This meeting is over.
If you'll excuse me?
Ready on the left!
Ready on the right!
All ready on the firing line!
Commence firing!
Cease fire!
Clear your ground
of all weapons!
Stand back from the firing line!
Lieutenant Caron?
Lieutenant Commander Rabb.
I've been expecting
you, Commander.
I guess you want to talk
about Corporal Barry, sir.
That's right. What can
you tell me about him?
Overall, a fine Marine, sir.
A bit short on education,
but long on dedication.
Any problems? Any issues?
When he first joined my unit
he was sharp,
alert, willing to learn.
I figured him for a staff
NCO after a few years.
But after his brother died...
You know about his
brother, Commander?
After his brother died,
something shifted.
Shifted?
How?
He was still a good Marine,
but he lost his focus,
became obsessed.
With? Terrorism, sir.
He followed it around
the world like a groupie.
When our embassies were
bombed in Kenya and Tanzania,
he was ready to kick
some serious butt.
Do you think the Corporal
was of sound mind
when he shot the terrorist?
I don't know, sir.
But I'm glad the guy's dead.
I just wish it wasn't a
Marine that killed him.
Lieutenant, weapon jam!
Excuse me a moment, Commander.
It's fine.
We're trained to kill
the enemy, Commander.
Not prisoners.
And you see no basis
for a plea bargain, Major?
Sir, this is as open and shut
as a murder case can get.
The members will never
buy an insanity argument.
Still, pleading out
might be the best course.
Are you suggesting that I
offer a lesser charge, sir?
No, no, no. That's up to you.
All I'm saying is be wary.
Rabb's got a deep
hat, with lots of rabbits.
I have a few tricks
of my own, sir.
I'm sure you do, Major.
Yes?
Secretary Of The
Navy is here, sir.
Um, send him in.
At ease.
I hope I'm not
disturbing anything.
Not at all, Mr. Secretary.
You know Major MacKenzie?
We met after the Major's
"vacation" in Russia.
Uh, we were just
discussing the Barry case, sir.
Good. That's why I'm here.
Do you foresee any problems
getting a conviction, Major?
Many, Mr. Secretary.
I wouldn't be doing
my job if I didn't.
But nothing you can't handle?
I hope not, sir.
Do you want me to stay, Admiral?
No, that won't be
necessary, Major.
Dismissed.
Aye, aye, sir.
Take a look at this.
What is it?
A Percival Bertram
press conference
taped this morning.
What's our super-patriot,
protector of the American way
outraged about now?
Watch.
Our government wastes
time and resources
prosecuting a true American hero
when what they should be
doing is punishing countries
who support the
cowardly cutthroats
who attack American
citizens abroad.
He's entitled to his opinion.
A lot of people
share that opinion.
Including many on the Hill
whom Bertram
helped put into office.
Look, Corporal Barry should
be punished, of course, but...
Sometimes it's mighty
nice to fight fire with fire.
What are we looking
at, worst case?
Murder premeditated
with intent...
death penalty or life in prison.
If there were any way...
Legally, of course... To
mitigate the punishment
the White House might
be very supportive, A.J.
Well, sir, you know
I cannot interfere
with a court-martial.
Nor would the
president ask you to.
But if there is some way
to salvage this boy's life...
I'll... I'll give it
some thought, sir.
I've read the psych
evaluation report.
There's nothing in it that says
Corporate Barry is incapable
of participating in
his own defense.
Admiral, the report
also, states, sir,
that Corporate Barry
suffered severe depression
after the death of his brother.
Which does not exempt him
from accountability
for his conduct.
His conduct is mitigated
The severity of the offense
by his state of mind
Premeditated murder...
It also precludes premeditation.
All right, enough.
Save it for the trial, people.
Opening arguments 0900 tomorrow.
Yes, sir. Yes, sir.
Oh, and Commander Rabb
remember the time
you discharged a
firearm in my courtroom?
Yes, sir. I was a
little overzealous.
You were a loose
cannon, Commander,
both figuratively and literally.
But you're older and
wiser now, aren't you?
Yes, sir.
Good, because if you
pull a stunt like that again
the next psych hearing
will be your own.
Aye, sir.
Good day.
Sir.
Oh, my God. Someone...
I think a Marine guard
just turned around
and shot the prisoner!
Shot the prisoner down,
I can't... the other guards
are wrestling the shooter.
I don't care! Move it out now!
Move it out!
I can't tell how
badly he's hurt, Dan,
but from here it looked
like he was not moving.
Agent Novack what we just saw,
is that an accurate
playback of the murder?
Objection.
Characterization.
Sustained.
Excuse me.
Of the shooting incident?
Yes, it is. The
prisoner was walking
away from the helo
when Corporal Barry
discharged two rounds
from his firearm into
the prisoner's upper torso.
Your Honor, I'd
like to introduce
Government's Exhibit
Two... The autopsy report
stating that the victim
died of gunshot wounds
to the heart and lung.
Defense stipulates as to
authenticity, Your Honor.
Is this the gun that
Corporal Barry used?
Yes, ma'am, I believe it is.
Did Corporal Barry say anything
before or after he
fired the weapon?
Not that I can recollect.
Did he seem aware
of what he was doing?
Objection. Calls for an opinion.
I'll rephrase.
What was Corporal
Barry's demeanor
when he shot the victim?
He was very matter-of-fact.
Thank you.
Your witness.
Agent Novack, what was
the mood of the security team
on the day of the shooting?
The Marines conducted themselves
in a very professional manner.
Except, of course,
the defendant.
Beneath the professional manner
wasn't there an angry
undercurrent, sir?
Objection. Counsel's
leading the witness.
No further questions,
Your Honor.
Oh, I do have one more question,
Agent Novack, sorry, Your Honor.
What did the terrorist
say before he died?
Nothing.
I remind you, sir,
you're under oath.
The man said
nothing before he died.
Really?
Your Honor, I reserve the right
to recall this witness, sir.
Major MacKenzie,
what do you think
of the defendant's
insanity gambit?
That's for the members
of the court-martial to decide.
But...
Please, excuse us.
We can't comment on
an ongoing court case.
You were a little hard
on Agent Novack in there.
Well, he knows something.
You wouldn't happen to
know what that is, would you?
Like what?
I don't know.
But something isn't
right about this shooting.
Do we know something, ma'am?
We don't.
But I think I know
someone who might.
Major.
Admiral.
Excuse me, sir.
I'll be done here
in just a second.
No, I'm in no hurry, sir.
So, um, how goes the trial?
Well, I call in my expert
witness this afternoon,
to testify about
Barry's mental capacity.
Psychobabble.
I've been reading a lot of
psychology for this case.
It's funny how the
mind works, sir.
Is it?
Yeah. For instance,
how we reveal things
about ourselves
without being aware of it.
Um, what-what sort of things?
Well, for example, I
get a sense from you...
And I could be way off...
That there's something
you're thinking
but you're not telling me.
Which, if there is
it's perfectly fine,
of course, sir.
I'm sure you have your reasons.
I'm just...
um... that-that looks great.
Is that pot roast?
Yeah, I cooked
some up last night.
Would you care for some, sir?
I have plenty.
No, thanks.
United States war ship.
We're trying to move
in for a closer look, now.
Oh, my God!
MacKENZIE: Commander Onclay,
did the accused know
that murder was wrong
when he killed the prisoner?
Yes. Based on my
examination and my observations
I believe he appreciated
the wrongfulness of his act.
MacKENZIE: In other words
he was mentally responsible.
Yes, he was.
Your witness, counselor.
Dr. Onclay, what was
Corporal Barry's state of mind
on the day he
dispatched the terrorist?
I believe he was
highly agitated.
Guilt-ridden.
Full of impotent rage.
Guilt-ridden?
Why guilt-ridden, Doctor?
Corporal Barry is
trained to fight terrorists.
If a terrorist
succeeds, he fails.
Sir, in your report you
stated that he didn't
believe then, nor
does he believe now
that he committed murder?
That's correct.
No more than a soldier
in combat believes
killing the enemy is murder.
So, though he knows
that murder is wrong
he doesn't think
that he murdered?
Something like that.
Isn't that exactly it, sir?
Corporal Barry is
unable to recognize
that killing a
terrorist is wrong.
An assassin, a sworn
enemy of the country.
In fact, sir, isn't it true
that he believes it's his duty
to kill such people?
I think that's a fair assumption
based on my observations.
Doctor, if were to
take this weapon
and give it
to Corporal Barry
would he kill a
terrorist with it?
I have no way of knowing.
Doctor, isn't it
more likely that Corporal Barry
would shoot a terrorist
than say Admiral Morris
or Major MacKenzie
or you, sir?
Yes, it is more likely
based on my evaluation of him.
Doesn't that make
him criminally insane?
Not at all.
Not at all?
Not at all.
Because defending one's country
against its enemies
is very sane and proper.
Probably the most sane
thing that a person can do
isn't that true, Doctor?
I don't know if
it's sane or not,
but, yes, it does seem
proper to defend one's country.
Thank you very much, Doctor.
No further questions,
Your Honor.
Was Corporal Barry
defending his country
when he shot the victim?
That's not for me to decide.
Thank you, Doctor, I think
the members of the jury
already know the
answer to that question.
As you were.
You wanted to see me, Corporal?
Yes, sir.
Thanks for coming.
Look, uh, juries
are unpredictable,
but I think we're getting
this one on our side.
I got another lawyer, sir.
Excuse me?
I said I got another lawyer.
Meaning no disrespect,
sir, but you're fired.
Admiral, he gunned down
the terrorist on live TV.
I was defending him,
and I was getting
the job done, sir.
Well, your client...
or rather ex-client...
Has the right to hire
a civilian attorney
if he wants one.
I take it you've never
been fired before.
No, sir.
Well, Juanita Ressler
is a celebrated law
professor/litigator...
never lost a murder case.
Sir, that is the other thing.
There is no way that a
corporal could afford that woman.
Maybe she's doing it pro bono.
In any event, Admiral Morris
has approved the change.
You're off the case.
Yes, sir.
I would have won.
You would not have won.
Yeah, that's him there.
Lieutenant Commander Rabb?
I'm Juanita Ressler.
Welcome aboard, ma'am.
I hope we can manage a smooth
and painless transition, Commander.
I read the transcript.
You put up a good defense.
Apparently, not good enough.
This is Major MacKenzie.
Sarah MacKenzie.
Professor Ressler, I'm
flattered you remember me.
I didn't.
When I saw your name
listed as trial counsel,
I researched your background.
You were in my criminal
law class at Duke.
Yes. You advised me to drop
law and take up lap dancing.
I see you didn't take my advice.
If you'll excuse me,
uh, I'll get
your case files.
And now we're adversaries.
Ironic, isn't it?
I hope that doesn't
frighten you.
Not in the least.
Good.
Excuse me.
May I?
So, who called in the big guns?
Let's just say an
anonymous benefactor.
Well, I assume you are
familiar with the UCMJ,
MCM, military
rules of evidence...
I will be.
What I don't know,
my staff can research.
You've done an admirable
job of painting Mr. Barry as...
Corporal Barry.
Thank you.
Painting Corporal Barry as
an heroic righter of wrongs.
All he lacks is a
cape, mask and sword.
There's your case files.
Why did you abandon the
diminished-capacity defense?
I didn't.
I augmented it.
With an emotional
appeal to a military jury.
Military people know
better than anyone
the threats this country
faces, Ms. Ressler.
They understand why
Corporal Barry did it.
Don't they believe in the
laws they're sworn to protect?
Of course they do.
They also realize
that special circumstances
require special actions.
Like shooting an unarmed man?
What defense do
you have in mind?
I intend to show
Corporal Barry is a victim.
Of...?
The military system.
She's going for
the abuse excuse?
That arrogant witch
actually believes
that she can finesse me
with a Twinkie defense.
I wouldn't
underestimate her, Mac.
Oh, don't worry, I won't.
I want to know who hired her.
Harm, stay out of it, please.
I don't want a mistrial.
I'm taking that woman out.
A little animosity
going there, huh?
For 14 weeks, she
humiliated me in class.
Well, I'm not a timid, little
second-year law student anymore.
It's payback time.
Dr. Nichols,
you are a psychiatrist
and former marine
captain, correct?
Yes, I served for ten years.
Can you explain what happens
to a recruit, psychologically,
when he goes through
Marine boot camp?
Essentially, he's subjected
to a carefully planned barrage
of physical, mental
and emotional demands.
Resulting in?
A person with a great
loyalty to the Corps,
and a firm belief
in Corps doctrine.
It sounds like brainwashing.
Would you say
that Corporal Barry
displays loyalty to the Corps?
Very much so.
But Corporal Barry's
an extreme case.
He took the
indoctrination a bit too far.
In what way?
The marines teach there's
two parts to a mission:
task and intent, with
intent the more important.
Corporal Barry believes
that by killing the terrorist,
he carried out the
intent of the mission.
He protected his country.
So, the brainwashing...
Or indoctrination...
Is the basic reason
for his actions.
It's certainly a major
contributing factor.
Thank you, Dr. Nichols.
No further questions.
Dr. Nichols, what did you
do before you joined up?
What do you mean?
Well, you ran with
a gang, didn't you?
Yes, I did.
And yet now, you're an
MD, A successful psychiatrist.
Why the turnaround?
I grew up.
I see.
Could it be that the honor,
the courage, the commitment,
that the marines
instilled in you
helped you grow up?
Absolutely, Major.
Well, it's nice to know that
Marine Corps "brainwashing"
doesn't always turn
out crazed killers.
She's good, I'll give her that.
Yeah, she is good, Mac.
You're better than she is.
Commander.
Was that a compliment?
However you want
to take it. Excuse me.
I have to go.
Um...
Major MacKenzie
neutralized your
Dr. Nichols pretty good.
I have more psychiatric experts.
For $500 an hour, plus expenses,
I hope they're more effective
than your former
marine... Counselor.
Sir, you can't go in there!
Commander Rabb, don't
tell me you followed me.
I'm sorry, Mr. Bertram.
Should I call security?
No, that's all right, Becky.
Commander Rabb's
always welcome here.
I don't believe we've
had the formalities.
Percival Bertram.
The mysterious benefactor
who had me replaced
as defense counsel.
Oh, no reflection on your
lawyering skills, Commander,
but, uh, there's no
substitute for experience.
May I call you Harm?
My friends call me Bert.
Really? They don't
call you Percy?
Not since I got rich and famous.
Well...
I'm going to leave
you boys alone
so that you can
decide whose is bigger.
Have fun.
There goes a good ol' gal.
She's a crackerjack
attorney, too.
Crackerjack civilian attorney.
That's what gives her an edge.
She'll do anything
for an acquittal...
even blame the military,
and that's a line
that you won't cross.
Why are you getting
involved in this, Mr. Bertram?
Because I will not stand by
and watch that
young patriot suffer
for doing something that
none of us had the guts to do.
Those people can
attack us at will...
Beirut, Khobar Towers,
World Trade Center,
embassies, and
now the Wake Island.
We retaliated for the
embassies, Mr. Bertram.
We'll retaliate for Wake Island.
How?
By blowing up a pill
factory in the Sudan?
By lobbing some
missiles into Afghanistan?
We should be going after
their governments,
their leaders,
but what are we doing?
We're going after a
bunch of ragtag guerrillas
skulking around
in mountain caves.
Their terrorism will not
defeat us, Commander,
but our complacency will.
We've got to let
those bastards know
that there's no more
open season on Americans.
We have the most powerful
nation on the face of the earth...
and by the Lord, God,
we're going hunting.
Because we are
the most powerful
nation on the earth, sir,
we can't.
Oh, come down from your
high moral ground, Commander.
You know you agree with me.
Part of me, maybe,
but the other part, sir,
knows that we are
a nation of laws,
and that is what makes us great.
Vigilantes, like yourself,
are as dangerous to this
country as the terrorists.
Because you believe
that, Commander,
that is why I had you replaced.
Any more witnesses, Ms. Ressler?
No, Your Honor. Defense rests.
Major MacKenzie, are you
ready with closing arguments?
Yes, Your Honor.
There's a prevailing
attitude out there
that someone or something else
is responsible for
our wrongful conduct...
Abusive parents,
a cheating spouse,
postpartum depression...
And now Miss Ressler
has invented a new villain...
Boot camp.
But that's out there.
This is the Marine Corps.
We take responsibility
for our actions.
Lives depend on it.
Not one expert witness
testified that Corporal Barry
has a mental illness.
He's not a paranoid
schizophrenic,
a psychopath, or a
deviant of any kind.
He's an angry young man,
who decided... decided...
To shoot an Arab.
In our society,
rage, no matter how
justified, is not a defense.
You have only one recourse...
To find Corporal Barry guilty
of premeditated murder.
Oh, my...! Oh, my God!
Oh, my...! Oh, my
God! Someone...
Yours is a proud
and honorable organization.
I am not here to
malign the Corps,
but if there is a
flaw in the system,
you must recognize
it before you can fix it.
Marcus Barry was
stripped of his identity,
and turned into a marine.
This should've been a good
thing, but something went awry.
Along the way, he lost his
innate sense of right and wrong.
Now, the question you
must ask yourselves is
did Corporal Barry,
motivated by rage and hatred,
kill the terrorist of
his own free will,
or did he, driven by an
overwhelming sense of duty,
instilled in him by the Corps,
impulsively kill the
terrorist to save his country?
Major MacKenzie...
nice closing.
Thank you. So was yours.
You've become a
fine lawyer, Sarah.
But the world lost a
good lap dancer, right?
That suggestion was not meant
to make you leave law school.
It was meant to provoke
you; to keep you in.
See you tomorrow, Counselor.
Sir?
I have the autopsy report.
Thanks, Bud.
You should have seen
Major MacKenzie today.
She was great.
Oh, I... bet she was.
Is there something I
can help you with, sir?
Yes, something
doesn't jibe here.
There. That.
Massive hemorrhaging.
Hemothorax.
What does that mean to you?
Lots of bleeding.
You nailed it, Bud.
I did?
Rabb.
When?
Thanks.
The bombing of the American
Central Hotel in Riyadh.
40 people are dead.
But I'm afraid that
well may be dry, sir.
Yes, sir, we'll keep trying.
What do you want, Commander?
Show me the body.
What?
Show me the body.
I don't have time for this, Rabb,
there was another bombing.
I'm aware of that.
Show me the terrorist's body.
It was cremated.
Bull.
I'm getting tired of
you calling me a liar.
Now leave me
alone. I got work to do.
Produce the body.
This isn't your case anymore.
Who else knows about this?
SECNAV? Attorney General?
They will.
How did you know?
I knew there was
something wrong with
the shooting when, uh,
I realized there was no blood.
They had him in Kevlar.
The bullets broke some ribs
and knocked him unconscious,
but the vest saved his life.
How long were you going to
keep him under wraps, Novack?
Until we found the person
that masterminded the attack.
If he thinks we have Nasseen,
and we're questioning him,
he'll go underground.
We'll never catch him.
That's why I need
you to keep this quiet.
Corporal Barry is up
on murder charges.
Hey, nobody told
him to shoot this guy.
Look, Rabb, you
could bust us right now,
but what will you gain?
Well, at the very least, I
put an end to a bogus trial.
Granted. It'll also
blow our investigation.
Where's your investigation
right now anyway, Novack?
Nasseen's control
was a Syrian. No name.
He gave Nasseen
200,000 American dollars.
American, huh?
Nasseen told us where
he stashed the money.
We retrieved about half of it.
Any chance of tracing
the serial numbers?
Oh, we think so.
Whatever bank
gave him the money,
most likely recorded
the numbers.
Banks often do that
when there's a large
cash withdrawal.
Once we find the bank, we
can backtrack to the source.
How long is that going to take?
Couple days maybe,
depending on how difficult
they made their
financial conduits.
Meanwhile, the guy who
masterminded this operation
is out spreading
terror elsewhere.
All the more reason for you to
keep your mouth shut about this.
MacKENZIE: We have
to tell Admiral Morris.
Let's think about this a minute.
What's to think about?
It's a mistrial.
The government
falsified evidence
and committed perjury.
If Barry could sue
us, I'd take his case.
Five minutes ago, you
wanted to hang him.
Five minutes ago,
he was a murderer.
It's only by chance he's not.
Are you suggesting
we let the trial continue, sir?
Of course not.
But there is a greater
good to be considered here.
There are also
ethics involved, sir.
Some rules shouldn't be broken.
Mac...
No. She has a point.
Admiral, if I may suggest,
this really isn't our
decision to make.
Set up the meeting.
Aye, aye, sir.
What is it, Major?
Sir, were you aware
that Nasseen was
alive before today?
No, Major, I was not.
Well...
But in the kitchen, you...
Is there something else?
No, sir.
Thank you, sir.
I don't understand, sir.
You mean, I didn't kill anyone?
The terrorist
survived the shooting.
The FBI has him.
How long have you known this?
We just found out.
The autopsy report?
MacKENZIE: Phony.
Agent Novack misled us.
How about out-and-out lied?
Ms. Ressler, I'm not going
to try to sugarcoat this.
The government messed up.
Obviously, the murder
charges will be dropped.
Obviously. What about
charging him with assault?
Any charges stemming from
the shooting will be thrown out.
Of course, he will be discharged
from the Corps.
Fine.
Then if you'll be so kind
as to release my
client immediately...
Oh, we can do that,
but, uh, in order to catch
the person behind
these bombings,
we can't reveal that
the prisoner's alive.
Are you saying what
I think you're saying?
We want to continue
the trial, ma'am.
My client was looking at
a possible death penalty
while the government
played its spy games.
He's walking.
Corporal...
Sir?
You can walk out that
door right now a free man
or you can stay and help us.
Help you how, sir?
Continue the trial through
the verdict and penalty phase.
No. Absolutely not.
There's a man out
there determined to kill...!
Determined to kill
more Americans.
I'm asking you
to stay and help us catch him.
Permission to speak
freely, Admiral?
Shooting that guy...
I was wrong, sir.
That's what they do.
I don't want to be like them.
Now you're telling
me I didn't kill anyone.
It's like a second chance.
Ma'am, thanks for your
concern and everything.
This is something
I've got to do.
Of course I'll help you, sir.
I won't be a part of this.
Counselor, I don't
need to remind you
that everything you heard
in here is privileged.
Don't worry, Admiral,
I won't say anything.
No one would believe me anyway.
Let me know what the verdict is.
Commander...
you want your old job back, sir?
I have news.
Not another bombing.
No. We backtrailed the money.
Where?
Washington, DC.
First Merchants Bank.
You know who has accounts
at First Merchants Bank?
Commander Rabb, and
Special Agent Novack, sir.
Come in, gentlemen. Have a seat.
Well, I understand
you're back in the saddle
with Corporal Barry.
My little gal quit.
She didn't say why.
Do you know why?
Haven't a clue, but, uh,
you know what they say.
Never a horse couldn't be rode,
never a rider
couldn't be throwed.
Well, then, what
can I do for you?
Well, we have some
news for you, sir.
We know who financed
the Wake Island attack.
Really? Who?
You.
What in blazes
you talking about?
Three months ago, you
took a trip to Saudi Arabia.
That's right, a
business trip. So?
You met with someone
there. Who was it?
A Saudi businessman.
We formed a joint venture
to build factories
in the Middle East.
I was to provide the capital,
he was to provide
the clients. So what?
That businessman
took your capital
and used it to finance
the Wake Island attack,
and probably the
Central Hotel as well.
I'm sure many more to come.
I don't believe you.
You wired $4 million
to a bank in Amsterdam.
From there, the money
was sent via letter of credit
to a bank in Riyadh.
The cash was withdrawn
and taken to Syria.
Here's some of it back.
We found it hidden in an
apartment in Damascus.
Are you saying that
my money was used
to finance terrorist
attacks on Americans?
That's what we're saying.
The man's name was Fazal Kasi.
I talked to him this morning.
Another cash transfer
is due within 48 hours.
Fat chance.
No, sir.
Make that transfer.
Intercept one, this is Control.
Subject is leaving the bank.
10-4, Control.
We got him.
Agent Novack just called.
They have Fazal Kasi.
Damn!
There was one small
wrinkle; he's dead.
FBI was about to apprehend him
when he was gunned
down in a drive-by.
Two bullets to the heart.
Are we sure that he's dead, sir?
We're sure.
Who shot him?
They don't know.
Killers got away.
At least there's one
less terrorist in the world.
Yes, sir, and, uh...
one more murderer.
Watchdog Six, this is Post Five.
We have a small boat
in the water, port side.
What's the situation?
There, Lieutenant.
2:00!
Damn it.
Don't move!
Put your hands behind your head.
Tehkan nakhur! Tehkan nakhur!
He's going to
detonate it, Lieutenant..
Fire!
Today we're live
at the naval base
here in Norfolk, Virginia.
We're awaiting the
arrival of the terrorist
who attacked the USS Wake Island
Sunday night in
the Persian Gulf,
Where five sailors were killed.
This is Lieutenant Royce Caron.
He is with the marine's
Fleet Anti-terrorism
Security Team, also
known as FAST Company.
Lieutenant, how did
the terrorists manage
to slip by security
in the first place?
I don't know how
they slipped in, sir
but they sure didn't slip out.
Thank you very much, sir.
Okay, it looks like the chopper
bringing in the
captured terrorists
is coming in right now.
By the way, a second terrorist
was killed during
that sneak attack...
They're bringing him in, huh?
The helo's landing now, sir.
Good morning, sir.
Good morning, Bud. Hi.
To sink the Wake Island,
they were thwarted
by the alert response
of the ship's deck watch.
Now the Navy so far has
not released any information
about the terrorists,
nor his affiliation.
Okay, it looks like the
prisoner is disembarking
from the helicopter right now.
This is the man who attempted
to blow up the United States...
Hey, isn't that...?
Special Agent Novack.
NCIS must've
handed this to the FBI.
Oh, my God... someone...
I think a marine guard
just turned around and-and
shot the prisoner!
Shot the prisoner down!
The other guards are wrestling
the shooter to the ground.
What is happening here?!
Keep this area covered!
I don't care, move it out!
FBI agents are putting
him in a car right now.
They're not waiting
for an ambulance.
Maybe they're afraid there's
another shooter nearby.
I don't know!
I can't tell how
badly he's hurt, Dan,
but from here, it looked
like he was not moving.
We just got word from the FBI
that the prisoner died
en route to the hospital.
Did he say anything
before he died, sir?
Like a deathbed confession?
No such luck.
All we know is his
name is Jaleel Nasseen.
Has anyone claimed
him, sir, or taken
responsibility for
attacking the ship?
No. It could be one of a
dozen groups... Hamas...
Hezbollah, Mujahedin.
We may never know.
Which makes Corporal Barry's act
even more deplorable.
Deplorable, but understandable.
Five of his shipmates
died in the bombing.
Shooting an unarmed man,
no matter how loathsome he is,
is still murder, Commander.
Yes, sir, I-I didn't say
I condoned it. I, uh...
said I understood.
Well, I'm glad you're
so understanding
because you will be
defending Corporal Barry.
He's arrives 0030.
You can talk to him
first thing in the morning
or you can pass, if you wish.
No, sir, I'll take the case.
Good. Good.
Major, you'll be trial counsel.
Mr. Roberts will assist you
with your prosecution.
Dismissed.
Yes, sir.
Aye, aye, sir.
Thank you, sir.
Cheer up. All you have
to do is defend a man
who committed murder in
front of 50 million witnesses.
Thanks for putting
it in perspective.
Hey, the Admiral
gave you an out.
You didn't have
to take this case.
Explain it to her, Bud.
It wasn't an out, ma'am,
it was a challenge.
Oh, which you were
too macho to pass up.
Would you pass it up?
I'm just as macho as you.
Ha.
Come on, Lieutenant,
we have a case to prepare.
We'll talk.
Well, I'm sure we will.
It wasn't murder, sir.
Well, what would you call it?
I don't know, sir.
It's just... something
told me I had to do it.
Something told you?
What, like a voice?
I'm not crazy, Commander.
Take it easy, Corporal.
I didn't say you were crazy.
You had a brother
in the Air Force.
Yes, sir.
He died in '96.
In the Khobar tower
bombing in Saudi Arabia.
Along with 18 other American
servicemen, Commander.
We'll never catch the
cowards who did it.
So this was a payback
for your brother's death?
Sir, he attacked us.
He was a threat to my country.
He wasn't a threat when
you shot him, Corporal.
If you'd studied the
terrorist mind like I have, sir,
you'd know they wouldn't
rest as long as we had him.
There'd be more hostage-taking,
sir, more bombings.
No American was
safe while he was alive.
I did my duty as a Marine, sir.
How were you doing
your duty, Marine?
I eliminated a sworn,
mortal enemy of my country.
I saved lives.
They go around killing
people whenever they want, sir.
Whoever they want.
They call us the
great Satan, sir?
They're the great Satan.
I won't plead guilty, Commander.
What I did was right.
Temporary insanity.
That would apply... to
you, if you think you can win
on a mental
incompetence argument.
Mac, at the time
he pulled the trigger,
he genuinely believed
he had to kill that terrorist
to save American lives.
His brother was killed in
the Khobar Towers bombings.
It was revenge. He
knew what he was doing.
Not at the time he pulled
the trigger. I'm
requesting a 706 hearing.
You can request all the
psych hearings you want.
Your client is not
mentally incompetent.
Going anywhere for lunch?
Yeah, as a matter of fact, I am.
Decide to turn
yourself in, Rabb?
Still going on about that
Russian homicide, Novack?
I was exonerated, remember?
By the military, not by the FBI.
What are you
eating there anyway?
Is that a bowl of lettuce?
Got to watch my blood pressure.
What do you want?
Information.
I'm representing Corporal Barry.
And I should help
you because...?
Because Barry's a good kid.
He got twisted somehow and
he made a serious mistake.
You ever make a mistake, Novack?
Yeah, by not
putting you in prison
when I had the chance.
What are you looking for?
A link between the dead guy
and a terrorist organization.
You want to show he was a
real bad guy who deserved to die.
Something like that, yeah.
I can't help you.
Did Nasseen say
anything before he died?
If he did, it's classified.
So he did say something?
I didn't say that.
You know, I can ask
these questions under oath.
And you'd get the same answers.
What's the problem, Novack?
The prisoner's dead;
your case is over.
No. You know what's
over? This meeting is over.
If you'll excuse me?
Ready on the left!
Ready on the right!
All ready on the firing line!
Commence firing!
Cease fire!
Clear your ground
of all weapons!
Stand back from the firing line!
Lieutenant Caron?
Lieutenant Commander Rabb.
I've been expecting
you, Commander.
I guess you want to talk
about Corporal Barry, sir.
That's right. What can
you tell me about him?
Overall, a fine Marine, sir.
A bit short on education,
but long on dedication.
Any problems? Any issues?
When he first joined my unit
he was sharp,
alert, willing to learn.
I figured him for a staff
NCO after a few years.
But after his brother died...
You know about his
brother, Commander?
After his brother died,
something shifted.
Shifted?
How?
He was still a good Marine,
but he lost his focus,
became obsessed.
With? Terrorism, sir.
He followed it around
the world like a groupie.
When our embassies were
bombed in Kenya and Tanzania,
he was ready to kick
some serious butt.
Do you think the Corporal
was of sound mind
when he shot the terrorist?
I don't know, sir.
But I'm glad the guy's dead.
I just wish it wasn't a
Marine that killed him.
Lieutenant, weapon jam!
Excuse me a moment, Commander.
It's fine.
We're trained to kill
the enemy, Commander.
Not prisoners.
And you see no basis
for a plea bargain, Major?
Sir, this is as open and shut
as a murder case can get.
The members will never
buy an insanity argument.
Still, pleading out
might be the best course.
Are you suggesting that I
offer a lesser charge, sir?
No, no, no. That's up to you.
All I'm saying is be wary.
Rabb's got a deep
hat, with lots of rabbits.
I have a few tricks
of my own, sir.
I'm sure you do, Major.
Yes?
Secretary Of The
Navy is here, sir.
Um, send him in.
At ease.
I hope I'm not
disturbing anything.
Not at all, Mr. Secretary.
You know Major MacKenzie?
We met after the Major's
"vacation" in Russia.
Uh, we were just
discussing the Barry case, sir.
Good. That's why I'm here.
Do you foresee any problems
getting a conviction, Major?
Many, Mr. Secretary.
I wouldn't be doing
my job if I didn't.
But nothing you can't handle?
I hope not, sir.
Do you want me to stay, Admiral?
No, that won't be
necessary, Major.
Dismissed.
Aye, aye, sir.
Take a look at this.
What is it?
A Percival Bertram
press conference
taped this morning.
What's our super-patriot,
protector of the American way
outraged about now?
Watch.
Our government wastes
time and resources
prosecuting a true American hero
when what they should be
doing is punishing countries
who support the
cowardly cutthroats
who attack American
citizens abroad.
He's entitled to his opinion.
A lot of people
share that opinion.
Including many on the Hill
whom Bertram
helped put into office.
Look, Corporal Barry should
be punished, of course, but...
Sometimes it's mighty
nice to fight fire with fire.
What are we looking
at, worst case?
Murder premeditated
with intent...
death penalty or life in prison.
If there were any way...
Legally, of course... To
mitigate the punishment
the White House might
be very supportive, A.J.
Well, sir, you know
I cannot interfere
with a court-martial.
Nor would the
president ask you to.
But if there is some way
to salvage this boy's life...
I'll... I'll give it
some thought, sir.
I've read the psych
evaluation report.
There's nothing in it that says
Corporate Barry is incapable
of participating in
his own defense.
Admiral, the report
also, states, sir,
that Corporate Barry
suffered severe depression
after the death of his brother.
Which does not exempt him
from accountability
for his conduct.
His conduct is mitigated
The severity of the offense
by his state of mind
Premeditated murder...
It also precludes premeditation.
All right, enough.
Save it for the trial, people.
Opening arguments 0900 tomorrow.
Yes, sir. Yes, sir.
Oh, and Commander Rabb
remember the time
you discharged a
firearm in my courtroom?
Yes, sir. I was a
little overzealous.
You were a loose
cannon, Commander,
both figuratively and literally.
But you're older and
wiser now, aren't you?
Yes, sir.
Good, because if you
pull a stunt like that again
the next psych hearing
will be your own.
Aye, sir.
Good day.
Sir.
Oh, my God. Someone...
I think a Marine guard
just turned around
and shot the prisoner!
Shot the prisoner down,
I can't... the other guards
are wrestling the shooter.
I don't care! Move it out now!
Move it out!
I can't tell how
badly he's hurt, Dan,
but from here it looked
like he was not moving.
Agent Novack what we just saw,
is that an accurate
playback of the murder?
Objection.
Characterization.
Sustained.
Excuse me.
Of the shooting incident?
Yes, it is. The
prisoner was walking
away from the helo
when Corporal Barry
discharged two rounds
from his firearm into
the prisoner's upper torso.
Your Honor, I'd
like to introduce
Government's Exhibit
Two... The autopsy report
stating that the victim
died of gunshot wounds
to the heart and lung.
Defense stipulates as to
authenticity, Your Honor.
Is this the gun that
Corporal Barry used?
Yes, ma'am, I believe it is.
Did Corporal Barry say anything
before or after he
fired the weapon?
Not that I can recollect.
Did he seem aware
of what he was doing?
Objection. Calls for an opinion.
I'll rephrase.
What was Corporal
Barry's demeanor
when he shot the victim?
He was very matter-of-fact.
Thank you.
Your witness.
Agent Novack, what was
the mood of the security team
on the day of the shooting?
The Marines conducted themselves
in a very professional manner.
Except, of course,
the defendant.
Beneath the professional manner
wasn't there an angry
undercurrent, sir?
Objection. Counsel's
leading the witness.
No further questions,
Your Honor.
Oh, I do have one more question,
Agent Novack, sorry, Your Honor.
What did the terrorist
say before he died?
Nothing.
I remind you, sir,
you're under oath.
The man said
nothing before he died.
Really?
Your Honor, I reserve the right
to recall this witness, sir.
Major MacKenzie,
what do you think
of the defendant's
insanity gambit?
That's for the members
of the court-martial to decide.
But...
Please, excuse us.
We can't comment on
an ongoing court case.
You were a little hard
on Agent Novack in there.
Well, he knows something.
You wouldn't happen to
know what that is, would you?
Like what?
I don't know.
But something isn't
right about this shooting.
Do we know something, ma'am?
We don't.
But I think I know
someone who might.
Major.
Admiral.
Excuse me, sir.
I'll be done here
in just a second.
No, I'm in no hurry, sir.
So, um, how goes the trial?
Well, I call in my expert
witness this afternoon,
to testify about
Barry's mental capacity.
Psychobabble.
I've been reading a lot of
psychology for this case.
It's funny how the
mind works, sir.
Is it?
Yeah. For instance,
how we reveal things
about ourselves
without being aware of it.
Um, what-what sort of things?
Well, for example, I
get a sense from you...
And I could be way off...
That there's something
you're thinking
but you're not telling me.
Which, if there is
it's perfectly fine,
of course, sir.
I'm sure you have your reasons.
I'm just...
um... that-that looks great.
Is that pot roast?
Yeah, I cooked
some up last night.
Would you care for some, sir?
I have plenty.
No, thanks.
United States war ship.
We're trying to move
in for a closer look, now.
Oh, my God!
MacKENZIE: Commander Onclay,
did the accused know
that murder was wrong
when he killed the prisoner?
Yes. Based on my
examination and my observations
I believe he appreciated
the wrongfulness of his act.
MacKENZIE: In other words
he was mentally responsible.
Yes, he was.
Your witness, counselor.
Dr. Onclay, what was
Corporal Barry's state of mind
on the day he
dispatched the terrorist?
I believe he was
highly agitated.
Guilt-ridden.
Full of impotent rage.
Guilt-ridden?
Why guilt-ridden, Doctor?
Corporal Barry is
trained to fight terrorists.
If a terrorist
succeeds, he fails.
Sir, in your report you
stated that he didn't
believe then, nor
does he believe now
that he committed murder?
That's correct.
No more than a soldier
in combat believes
killing the enemy is murder.
So, though he knows
that murder is wrong
he doesn't think
that he murdered?
Something like that.
Isn't that exactly it, sir?
Corporal Barry is
unable to recognize
that killing a
terrorist is wrong.
An assassin, a sworn
enemy of the country.
In fact, sir, isn't it true
that he believes it's his duty
to kill such people?
I think that's a fair assumption
based on my observations.
Doctor, if were to
take this weapon
and give it
to Corporal Barry
would he kill a
terrorist with it?
I have no way of knowing.
Doctor, isn't it
more likely that Corporal Barry
would shoot a terrorist
than say Admiral Morris
or Major MacKenzie
or you, sir?
Yes, it is more likely
based on my evaluation of him.
Doesn't that make
him criminally insane?
Not at all.
Not at all?
Not at all.
Because defending one's country
against its enemies
is very sane and proper.
Probably the most sane
thing that a person can do
isn't that true, Doctor?
I don't know if
it's sane or not,
but, yes, it does seem
proper to defend one's country.
Thank you very much, Doctor.
No further questions,
Your Honor.
Was Corporal Barry
defending his country
when he shot the victim?
That's not for me to decide.
Thank you, Doctor, I think
the members of the jury
already know the
answer to that question.
As you were.
You wanted to see me, Corporal?
Yes, sir.
Thanks for coming.
Look, uh, juries
are unpredictable,
but I think we're getting
this one on our side.
I got another lawyer, sir.
Excuse me?
I said I got another lawyer.
Meaning no disrespect,
sir, but you're fired.
Admiral, he gunned down
the terrorist on live TV.
I was defending him,
and I was getting
the job done, sir.
Well, your client...
or rather ex-client...
Has the right to hire
a civilian attorney
if he wants one.
I take it you've never
been fired before.
No, sir.
Well, Juanita Ressler
is a celebrated law
professor/litigator...
never lost a murder case.
Sir, that is the other thing.
There is no way that a
corporal could afford that woman.
Maybe she's doing it pro bono.
In any event, Admiral Morris
has approved the change.
You're off the case.
Yes, sir.
I would have won.
You would not have won.
Yeah, that's him there.
Lieutenant Commander Rabb?
I'm Juanita Ressler.
Welcome aboard, ma'am.
I hope we can manage a smooth
and painless transition, Commander.
I read the transcript.
You put up a good defense.
Apparently, not good enough.
This is Major MacKenzie.
Sarah MacKenzie.
Professor Ressler, I'm
flattered you remember me.
I didn't.
When I saw your name
listed as trial counsel,
I researched your background.
You were in my criminal
law class at Duke.
Yes. You advised me to drop
law and take up lap dancing.
I see you didn't take my advice.
If you'll excuse me,
uh, I'll get
your case files.
And now we're adversaries.
Ironic, isn't it?
I hope that doesn't
frighten you.
Not in the least.
Good.
Excuse me.
May I?
So, who called in the big guns?
Let's just say an
anonymous benefactor.
Well, I assume you are
familiar with the UCMJ,
MCM, military
rules of evidence...
I will be.
What I don't know,
my staff can research.
You've done an admirable
job of painting Mr. Barry as...
Corporal Barry.
Thank you.
Painting Corporal Barry as
an heroic righter of wrongs.
All he lacks is a
cape, mask and sword.
There's your case files.
Why did you abandon the
diminished-capacity defense?
I didn't.
I augmented it.
With an emotional
appeal to a military jury.
Military people know
better than anyone
the threats this country
faces, Ms. Ressler.
They understand why
Corporal Barry did it.
Don't they believe in the
laws they're sworn to protect?
Of course they do.
They also realize
that special circumstances
require special actions.
Like shooting an unarmed man?
What defense do
you have in mind?
I intend to show
Corporal Barry is a victim.
Of...?
The military system.
She's going for
the abuse excuse?
That arrogant witch
actually believes
that she can finesse me
with a Twinkie defense.
I wouldn't
underestimate her, Mac.
Oh, don't worry, I won't.
I want to know who hired her.
Harm, stay out of it, please.
I don't want a mistrial.
I'm taking that woman out.
A little animosity
going there, huh?
For 14 weeks, she
humiliated me in class.
Well, I'm not a timid, little
second-year law student anymore.
It's payback time.
Dr. Nichols,
you are a psychiatrist
and former marine
captain, correct?
Yes, I served for ten years.
Can you explain what happens
to a recruit, psychologically,
when he goes through
Marine boot camp?
Essentially, he's subjected
to a carefully planned barrage
of physical, mental
and emotional demands.
Resulting in?
A person with a great
loyalty to the Corps,
and a firm belief
in Corps doctrine.
It sounds like brainwashing.
Would you say
that Corporal Barry
displays loyalty to the Corps?
Very much so.
But Corporal Barry's
an extreme case.
He took the
indoctrination a bit too far.
In what way?
The marines teach there's
two parts to a mission:
task and intent, with
intent the more important.
Corporal Barry believes
that by killing the terrorist,
he carried out the
intent of the mission.
He protected his country.
So, the brainwashing...
Or indoctrination...
Is the basic reason
for his actions.
It's certainly a major
contributing factor.
Thank you, Dr. Nichols.
No further questions.
Dr. Nichols, what did you
do before you joined up?
What do you mean?
Well, you ran with
a gang, didn't you?
Yes, I did.
And yet now, you're an
MD, A successful psychiatrist.
Why the turnaround?
I grew up.
I see.
Could it be that the honor,
the courage, the commitment,
that the marines
instilled in you
helped you grow up?
Absolutely, Major.
Well, it's nice to know that
Marine Corps "brainwashing"
doesn't always turn
out crazed killers.
She's good, I'll give her that.
Yeah, she is good, Mac.
You're better than she is.
Commander.
Was that a compliment?
However you want
to take it. Excuse me.
I have to go.
Um...
Major MacKenzie
neutralized your
Dr. Nichols pretty good.
I have more psychiatric experts.
For $500 an hour, plus expenses,
I hope they're more effective
than your former
marine... Counselor.
Sir, you can't go in there!
Commander Rabb, don't
tell me you followed me.
I'm sorry, Mr. Bertram.
Should I call security?
No, that's all right, Becky.
Commander Rabb's
always welcome here.
I don't believe we've
had the formalities.
Percival Bertram.
The mysterious benefactor
who had me replaced
as defense counsel.
Oh, no reflection on your
lawyering skills, Commander,
but, uh, there's no
substitute for experience.
May I call you Harm?
My friends call me Bert.
Really? They don't
call you Percy?
Not since I got rich and famous.
Well...
I'm going to leave
you boys alone
so that you can
decide whose is bigger.
Have fun.
There goes a good ol' gal.
She's a crackerjack
attorney, too.
Crackerjack civilian attorney.
That's what gives her an edge.
She'll do anything
for an acquittal...
even blame the military,
and that's a line
that you won't cross.
Why are you getting
involved in this, Mr. Bertram?
Because I will not stand by
and watch that
young patriot suffer
for doing something that
none of us had the guts to do.
Those people can
attack us at will...
Beirut, Khobar Towers,
World Trade Center,
embassies, and
now the Wake Island.
We retaliated for the
embassies, Mr. Bertram.
We'll retaliate for Wake Island.
How?
By blowing up a pill
factory in the Sudan?
By lobbing some
missiles into Afghanistan?
We should be going after
their governments,
their leaders,
but what are we doing?
We're going after a
bunch of ragtag guerrillas
skulking around
in mountain caves.
Their terrorism will not
defeat us, Commander,
but our complacency will.
We've got to let
those bastards know
that there's no more
open season on Americans.
We have the most powerful
nation on the face of the earth...
and by the Lord, God,
we're going hunting.
Because we are
the most powerful
nation on the earth, sir,
we can't.
Oh, come down from your
high moral ground, Commander.
You know you agree with me.
Part of me, maybe,
but the other part, sir,
knows that we are
a nation of laws,
and that is what makes us great.
Vigilantes, like yourself,
are as dangerous to this
country as the terrorists.
Because you believe
that, Commander,
that is why I had you replaced.
Any more witnesses, Ms. Ressler?
No, Your Honor. Defense rests.
Major MacKenzie, are you
ready with closing arguments?
Yes, Your Honor.
There's a prevailing
attitude out there
that someone or something else
is responsible for
our wrongful conduct...
Abusive parents,
a cheating spouse,
postpartum depression...
And now Miss Ressler
has invented a new villain...
Boot camp.
But that's out there.
This is the Marine Corps.
We take responsibility
for our actions.
Lives depend on it.
Not one expert witness
testified that Corporal Barry
has a mental illness.
He's not a paranoid
schizophrenic,
a psychopath, or a
deviant of any kind.
He's an angry young man,
who decided... decided...
To shoot an Arab.
In our society,
rage, no matter how
justified, is not a defense.
You have only one recourse...
To find Corporal Barry guilty
of premeditated murder.
Oh, my...! Oh, my God!
Oh, my...! Oh, my
God! Someone...
Yours is a proud
and honorable organization.
I am not here to
malign the Corps,
but if there is a
flaw in the system,
you must recognize
it before you can fix it.
Marcus Barry was
stripped of his identity,
and turned into a marine.
This should've been a good
thing, but something went awry.
Along the way, he lost his
innate sense of right and wrong.
Now, the question you
must ask yourselves is
did Corporal Barry,
motivated by rage and hatred,
kill the terrorist of
his own free will,
or did he, driven by an
overwhelming sense of duty,
instilled in him by the Corps,
impulsively kill the
terrorist to save his country?
Major MacKenzie...
nice closing.
Thank you. So was yours.
You've become a
fine lawyer, Sarah.
But the world lost a
good lap dancer, right?
That suggestion was not meant
to make you leave law school.
It was meant to provoke
you; to keep you in.
See you tomorrow, Counselor.
Sir?
I have the autopsy report.
Thanks, Bud.
You should have seen
Major MacKenzie today.
She was great.
Oh, I... bet she was.
Is there something I
can help you with, sir?
Yes, something
doesn't jibe here.
There. That.
Massive hemorrhaging.
Hemothorax.
What does that mean to you?
Lots of bleeding.
You nailed it, Bud.
I did?
Rabb.
When?
Thanks.
The bombing of the American
Central Hotel in Riyadh.
40 people are dead.
But I'm afraid that
well may be dry, sir.
Yes, sir, we'll keep trying.
What do you want, Commander?
Show me the body.
What?
Show me the body.
I don't have time for this, Rabb,
there was another bombing.
I'm aware of that.
Show me the terrorist's body.
It was cremated.
Bull.
I'm getting tired of
you calling me a liar.
Now leave me
alone. I got work to do.
Produce the body.
This isn't your case anymore.
Who else knows about this?
SECNAV? Attorney General?
They will.
How did you know?
I knew there was
something wrong with
the shooting when, uh,
I realized there was no blood.
They had him in Kevlar.
The bullets broke some ribs
and knocked him unconscious,
but the vest saved his life.
How long were you going to
keep him under wraps, Novack?
Until we found the person
that masterminded the attack.
If he thinks we have Nasseen,
and we're questioning him,
he'll go underground.
We'll never catch him.
That's why I need
you to keep this quiet.
Corporal Barry is up
on murder charges.
Hey, nobody told
him to shoot this guy.
Look, Rabb, you
could bust us right now,
but what will you gain?
Well, at the very least, I
put an end to a bogus trial.
Granted. It'll also
blow our investigation.
Where's your investigation
right now anyway, Novack?
Nasseen's control
was a Syrian. No name.
He gave Nasseen
200,000 American dollars.
American, huh?
Nasseen told us where
he stashed the money.
We retrieved about half of it.
Any chance of tracing
the serial numbers?
Oh, we think so.
Whatever bank
gave him the money,
most likely recorded
the numbers.
Banks often do that
when there's a large
cash withdrawal.
Once we find the bank, we
can backtrack to the source.
How long is that going to take?
Couple days maybe,
depending on how difficult
they made their
financial conduits.
Meanwhile, the guy who
masterminded this operation
is out spreading
terror elsewhere.
All the more reason for you to
keep your mouth shut about this.
MacKENZIE: We have
to tell Admiral Morris.
Let's think about this a minute.
What's to think about?
It's a mistrial.
The government
falsified evidence
and committed perjury.
If Barry could sue
us, I'd take his case.
Five minutes ago, you
wanted to hang him.
Five minutes ago,
he was a murderer.
It's only by chance he's not.
Are you suggesting
we let the trial continue, sir?
Of course not.
But there is a greater
good to be considered here.
There are also
ethics involved, sir.
Some rules shouldn't be broken.
Mac...
No. She has a point.
Admiral, if I may suggest,
this really isn't our
decision to make.
Set up the meeting.
Aye, aye, sir.
What is it, Major?
Sir, were you aware
that Nasseen was
alive before today?
No, Major, I was not.
Well...
But in the kitchen, you...
Is there something else?
No, sir.
Thank you, sir.
I don't understand, sir.
You mean, I didn't kill anyone?
The terrorist
survived the shooting.
The FBI has him.
How long have you known this?
We just found out.
The autopsy report?
MacKENZIE: Phony.
Agent Novack misled us.
How about out-and-out lied?
Ms. Ressler, I'm not going
to try to sugarcoat this.
The government messed up.
Obviously, the murder
charges will be dropped.
Obviously. What about
charging him with assault?
Any charges stemming from
the shooting will be thrown out.
Of course, he will be discharged
from the Corps.
Fine.
Then if you'll be so kind
as to release my
client immediately...
Oh, we can do that,
but, uh, in order to catch
the person behind
these bombings,
we can't reveal that
the prisoner's alive.
Are you saying what
I think you're saying?
We want to continue
the trial, ma'am.
My client was looking at
a possible death penalty
while the government
played its spy games.
He's walking.
Corporal...
Sir?
You can walk out that
door right now a free man
or you can stay and help us.
Help you how, sir?
Continue the trial through
the verdict and penalty phase.
No. Absolutely not.
There's a man out
there determined to kill...!
Determined to kill
more Americans.
I'm asking you
to stay and help us catch him.
Permission to speak
freely, Admiral?
Shooting that guy...
I was wrong, sir.
That's what they do.
I don't want to be like them.
Now you're telling
me I didn't kill anyone.
It's like a second chance.
Ma'am, thanks for your
concern and everything.
This is something
I've got to do.
Of course I'll help you, sir.
I won't be a part of this.
Counselor, I don't
need to remind you
that everything you heard
in here is privileged.
Don't worry, Admiral,
I won't say anything.
No one would believe me anyway.
Let me know what the verdict is.
Commander...
you want your old job back, sir?
I have news.
Not another bombing.
No. We backtrailed the money.
Where?
Washington, DC.
First Merchants Bank.
You know who has accounts
at First Merchants Bank?
Commander Rabb, and
Special Agent Novack, sir.
Come in, gentlemen. Have a seat.
Well, I understand
you're back in the saddle
with Corporal Barry.
My little gal quit.
She didn't say why.
Do you know why?
Haven't a clue, but, uh,
you know what they say.
Never a horse couldn't be rode,
never a rider
couldn't be throwed.
Well, then, what
can I do for you?
Well, we have some
news for you, sir.
We know who financed
the Wake Island attack.
Really? Who?
You.
What in blazes
you talking about?
Three months ago, you
took a trip to Saudi Arabia.
That's right, a
business trip. So?
You met with someone
there. Who was it?
A Saudi businessman.
We formed a joint venture
to build factories
in the Middle East.
I was to provide the capital,
he was to provide
the clients. So what?
That businessman
took your capital
and used it to finance
the Wake Island attack,
and probably the
Central Hotel as well.
I'm sure many more to come.
I don't believe you.
You wired $4 million
to a bank in Amsterdam.
From there, the money
was sent via letter of credit
to a bank in Riyadh.
The cash was withdrawn
and taken to Syria.
Here's some of it back.
We found it hidden in an
apartment in Damascus.
Are you saying that
my money was used
to finance terrorist
attacks on Americans?
That's what we're saying.
The man's name was Fazal Kasi.
I talked to him this morning.
Another cash transfer
is due within 48 hours.
Fat chance.
No, sir.
Make that transfer.
Intercept one, this is Control.
Subject is leaving the bank.
10-4, Control.
We got him.
Agent Novack just called.
They have Fazal Kasi.
Damn!
There was one small
wrinkle; he's dead.
FBI was about to apprehend him
when he was gunned
down in a drive-by.
Two bullets to the heart.
Are we sure that he's dead, sir?
We're sure.
Who shot him?
They don't know.
Killers got away.
At least there's one
less terrorist in the world.
Yes, sir, and, uh...
one more murderer.