JAG (1995–2005): Season 7, Episode 21 - Tribunal - full transcript

(speaking native language)

(grunts)

Hamed?

(grunts)

(speaking native language)

Condor, this is Alpha Two.

We have the package.

As you were.

This morning, the
president authorized

the convening

of a military tribunal.



The tribunal will take place
aboard the U.S.S. Seahawk.

The accused is a top Al
Qaeda leader named...

Mustafa Atef.

As you know, there hasn't
been a military tribunal

in this country
for over 50 years.

Now... I recognize the fact

that defending this man

may be the hardest thing
any of you have ever done.

With that in mind,
I've decided to ask

for a volunteer.

Hell of a challenge, Commander.

Well, sir, if it is
the admiral's wish,

I will do my best.

Don't hear a volunteer
in that. Colonel?



Um, like the commander,
I would do my best, sir.

Well...

I will not order this one.

I'll defend him myself.

Anyone for second chair?

Admiral, I'd be privileged
if you'll have me.

Done.

Commander, you and
the colonel will prosecute.

Prepare to leave tonight.

Aye, aye, sir. Yes, sir.

Lieutenant Singer,
in my absence you will

be in charge of
JAG administration.

You will e-mail me

sitreps twice a day
and decision documents

with single-page cover summary.

Aye, aye, sir.

That'll be all.

Nice move, sir.

Move, Lieutenant?

Wish I'd thought quick enough

to volunteer for second chair.

I spoke up because it's a
chance to be a part of history.

Not to mention lots
of extra face time

with the admiral, right, sir?

Wrong, Lieutenant.

That didn't enter
into my thinking at all.

And you'll be a
much better officer

when it stops
entering into yours.

MacKENZIE: How's
your Fifth Amendment?

Kind of a personal
question, isn't it?

My constitutional law
could use a little work.

And we'd better come
up with a game plan

because you know the
admiral will have one.

We don't leave for
Andrews until 2300.

I'll order in so we can
do some issue spotting.

Why don't I cook, and
then we can carpool?

Yeah, all right.

Sir, ma'am?

I just want to say good luck.

It's the first time

I've ever wanted to
prosecute someone myself.

I think anyone involved in 9-11
ought to be drawn and quartered.

Is there anything you need to
prepare for your trip, Admiral?

No.

Perhaps some aspirin, sir.

(sighs and chuckles)

Thanks, Tiner.

Aye, sir.

(knocking on door)

Hey.

Hey, I didn't want
to spill anything on it.

Let me hang it up. Thanks.

Let me take that.

Whoa... this is nice.

Yeah, a little grilled
salmon and vegetables...

Brain food.

Great. Can I help?
Let me do something.

No, it's all taken
care of... have a seat.

Okay.

Well, the first issue is:

Can the president hold
a military tribunal at all?

Deciding criminal liability

should be a matter
for the courts.

Well, the answer is yes.

During World War II,
six German saboteurs

were tried and
hanged at a tribunal.

The Supreme Court upheld it.

But during the Civil War,

the Supreme Court
criticized military tribunals.

That's because they
included U.S. citizens.

I think the president took
the curse off this thing, Mac,

when he excluded
U.S. citizens at tribunals.

These terrorists are fair game.

You may have convinced
yourself of that, Harm,

but that's got to be
their opening salvo.

I don't think the admiral's

going to want to tell the judges

they came all that
way for nothing.

He'd lose and he knows it.

We have to be
prepared for it, anyway.

That's a waste of time.

We have very little to spare.

The facts in this
case are so sensitive,

we don't even get them
until we're aboard the carrier.

I'm going to pass on the
jurisdiction line of attack.

My responsibility.

Um, excuse me, but
who made you first chair?

(chuckles)

The admiral mentioned
my name first.

So...?

All right, all right,
I'll tell you what.

We'll flip for it.

Okay.

You call it.

Heads.

(coin clattering)

Oh!

Ah. Sorry.

You okay?

Yeah, but I'm second chair.

(chuckles)

I'll be gentle.

Don't be gentle. Be good.

ROBERTS: Hi, sweetie.

I'm dead tired,

but in a really good way.

Miss you and A.J. like crazy.

A.J. and I miss you, too.

Commander Rabb
and Colonel MacKenzie

are on their way to you.

I know. They should
be here within the hour.

I can't wait.

Be nice to see a familiar face.

SINGER: Lieutenant Sims...

Is there something I can
do for you, Lieutenant?

You can do your job
when you're on my time.

Listen up!

Contrary to what
some of you may think,

I am not the substitute teacher.

While the admiral is away,

this place is going to run
smoothly and by the numbers.

Tiner! Tiner!

Yes, ma'am.

With me. Yes, ma'am.

ROBERTS: Still there?

HARRIET: I'm still here.

How are things at JAG?

(alarm sounds)

What is that?

Fire drill, ma'am.

Let's go, people!

Secure classified material,
make an orderly exit.

Do it quickly! Quickly!

MAN (over P.A.): Stand by on the
flight deck! Stand by on the flight deck!

Judge Advocate General arriving.

Stand and salute!

Welcome aboard,
Admiral, Officers.

Let's get on with
this, shall we?

By all means, Admiral.

If you'll follow me, Lieutenant
Roberts will see to your staff.

Good to see you
again, Petty Officer.

I didn't know you'd been
assigned to the Seahawk.

Yes, sir, as Lieutenant
Roberts' legalman.

Well, I hope you're
keeping your nose clean.

That's affirmative, sir.

Harriet never mentioned

that Petty Officer Coates
was your legalman.

Well, I-I don't think
that I told her, ma'am.

Well, Lieutenant, if
you haven't... you better.

Yes, sir.

Here we are.

Your desks are right over here.

I'll get you all some coffee.

Thanks, Jen.

Sir, ma'am, before we start,

can I ask how Harriet's doing?

She's doing fine, Bud. Why?

Well, we exchange e-mails
about 20 times a day...

and yesterday, I asked how
everything was going at JAG,

and she said that
she was doomed.

(chuckles)

I have two words for you,
Bud: Lieutenant Singer.

The admiral left her in
charge of support staff.

She's senior.

That's a prescription
for disaster.

It'll be all right.

Oh, really?

Are we talking about the
same wildly ambitious climber...

Probably needs something
like this to see the light.

MacKENZIE: Yeah, don't
worry. Let's talk about the case.

Can you fill us in?

Uh, absolutely, ma'am.

Now, I haven't been part

of any of the interrogations,

but I have been briefed.

Now, the defendant's
name is Mustafa Atef.

He's a Saudi citizen and a
captain in the Saudi army.

He was trained in England,
he speaks eight languages

and, according to the
best information available,

Mustafa was also
known as "Monhadese."

"The architect."

And number three in Al Qaeda.

He's head of their
training program.

That's all the camps worldwide...
Mohandese designed them,

he set them up, he even
wrote the training manuals.

Busy man. Do we have anything
linking this Mohandese to 9-11?

Well, they're pretty sure
that he was part of 9-11, sir,

but even proving that
Mustafa Atef, and Mohandese

are one and the
same won't be easy.

Evening, Admiral...

Commander.

Webb, I didn't know
you were on board.

I'm not.

He's all yours,
Admiral, Commander.

Mr. Atef, I'm
Admiral Chegwidden,

this is Commander Turner.

Whatever games you have
come to play, save them.

Nothing more will I tell you.

We're not here to interrogate
you, we're attorneys.

We came to defend
you of the war crimes

of which you've been charged.

Crimes.

Americans have the
worst kind of arrogance.

You think you
alone define truth.

It us for you to say

what is right and who is wrong.

No.

It is for Allah to say,

and I require no defense.

Mr. Atef, that's an
excellent approach

if you want to be executed.

All rise.

Be seated.

Is the Government
ready to proceed?

If it please the
court, Your Honor,

I'd like to object to my client

being shackled like an animal.

It's unnecessary,
inhumane, and prejudicial.

RABB: Your Honor, the shackles
are there to ensure security

and proper order during
these proceedings.

Marines, remove the
handcuffs, leave the leg irons.

If there are any incidents,
they'll be put back on.

Ready, Commander.

Your Honor, the Government
calls Army Captain Dale Alexander.

Captain, what was your
mission on the night in question?

Please describe it for the court

in as much detail as possible.

To apprehend Mustafa
Atef, a.k.a. Mohandese, sir.

Objection. Move to strike.

It's not been established that

Mr. Atef and Mohandese
are one and the same.

Sustained and stricken.

Continue, Captain.

Our A-team found an
unexploded GBU-15

just outside of Mazar-e-Sharif.

That's a 2,000-pound bomb...
Could devastate the village.

My demolitions man
deactivated it safely.

The next day, our
guide told us that

the local warlord,
General Hassan Abdullah

was grateful and
wanted to see us.

What did General Abdullah
have to say, Captain?

CHEGWIDDEN: Objection. Hearsay.

Your Honor, this is
not a court-martial.

The tribunal's evidentiary rules

expressly permit hearsay.

CHEGWIDDEN: Only
that hearsay which appears

credible and reliable...
This is neither.

Your Honor, counsel is
getting ahead of himself.

Our intent is to compensate for

the fog of war, and to
provide a full and clear

picture of the circumstances.

That is what Captain
Alexander's testimony will do, sir.

(whispering)

We'll allow it.

Thank you.

Captain, what did General
Abdullah have to say?

He said Mohandese
had contacted him

for safe conduct to
the Pakistani border.

To repay us for
saving the village,

General Abdullah gave
us the time and place

to apprehend the accused.

And is the man General Abdullah

identified as Mohandese
in this courtroom?

Yes, sir. He's right there.

Thank you, Captain.

Nothing further.

Captain Alexander,
I have here a dossier

on General Abdullah
prepared by you.

In it, you state that

the general is a suspected
drug runner, don't you?

Yes, sir.

You also state that

he had former close ties
to Al Qaeda, is that correct?

Yes, sir.

Makes him effective.

Did it ever occur to you

that he might have
something to gain

by fingering someone else

as Mohandese?

Objection. Argumentative.

Sustained.

If General Abdullah was sure
that Mr. Atef was Mohandese,

he could have captured
him himself, couldn't he?

No, sir.

Right now he's running
a detention camp

processing captured
Taliban and Al Qaeda.

Captain Alexander, can
you say with 100% certainty

that Mr. Atef is Mohandese?

No, sir.

Thank you. Nothing further.

Redirect, Commander.

Yes, Your Honor.

Captain, did you stop
at said detention camp

for Taliban and Al Qaeda

while bringing the
accused to the ship?

Yes, sir.

Were your activities
there videotaped?

Yes, sir. Your
Honor, I would like

to draw the court's attention
to the monitor on my left.

MEN (chanting): Mohandese,
Mohandese, Mohandese, Mohandese...

It seems the other detainees

thought you had the
right man, Captain.

Nothing further.

Captain Alexander,

according to your
after-action report,

something happened right
before you apprehended Mr. Atef.

Can you describe
that for us, please?

Yes, sir.

Just as we reached our vehicle
to exfiltrate the target area,

a sniper opened up.

Take one; flank him.

Trewick, follow me.

When we reached
the sniper's position...

he was gone.

In fact, that sniper could
have been Mohandese

and you wouldn't have
known it, would you?

It's possible, sir,
but I believe...

Thank you. Nothing further.

Uh, redirect again, Your Honor.

Proceed.

Captain, who do you
think the sniper was?

Could be anybody, sir.

We encounter snipers
at least twice a day.

Thank you. Nothing further.

How do you think it went today?

Will the Afghani
warlord testify?

Can Mustafa Atef
really get a fair trial?

He is getting a fair trial.

We'll present our case,

the accused will receive
a vigorous defense

and then the tribunal
members will decide.

It's that simple. Excuse us.

How do you know
Mohandese is the man...

Thanks. Anytime. You okay?

I will be as soon as
this bastard goes down.

We have his confession.

The moment the
judges hear it, he's done.

You fought hard in there.

Why?

Mr. Atef, what happened
on September 11

was reprehensible,

but our way of life
entitles you to a fair trial,

no matter how cowardly the act.

A wise precaution for a
nation so morally corrupt.

Want to know what I
say about September 11?

Every single person
who died that day

got exactly what they deserved.

Sir.

Admiral.

Lieutenant... Singer.

I'll be working out of
here for now, Petty Officer.

Are you sure
that's such a good...

Yes, ma'am.

Send in Lieutenant Sims.

Aye, aye, sir. Ma'am.

Lieutenant?

What are you doing
in the admiral's office?

My job.

I want a complete update
of all JAG instructions.

That means classified
materials handling,

budgeting, personnel...
The whole nine yards,

and I want it on my desk
by the end of the week.

Please state your
name and position.

Clayton Webb,

Assistant Deputy
Director for Operations,

Southwest Asia.

MacKENZIE: What is
your role in this case?

WEBB: I developed
the intelligence

on the activities of Mohandese,

identifying him as a
target for Special Forces.

Subsequently, I
supervised his interrogation.

And did you learn anything
during this interrogation?

The accused confessed
to being Mohandese

and to directing the training of
roughly 4,000 Al Qaeda fighters.

Including the
individuals responsible

for the September 11 attacks

on the World Trade
Center and the Pentagon?

Yes.

RABB: Your Honor,

the transcript of
said interrogation

is hereby offered into evidence.

Nothing further.

SEBRING: Defense, your witness.

How long did it take Mr. Atef
to enter this confession?

13 days.

During that 13 days, what
was Mr. Atef's environment like?

He was under
hostile interrogation.

TURNER: Can you
elaborate for us, Mr. Webb?

Bright phosphorescent
lights on all day and all night.

Loud, heavy metal music.

Alternating extremes
of cold and heat.

And did being sleep-deprived,
sore from restraints,

rattled by noise,
temperature and light

get Mr. Atef to confess?

No.

We introduced a Pentothal agent.

Though Pentothal agents

are commonly referred
to as "truth serums,"

are you aware
that a person could

still confess to
something they didn't do

just to be let alone?

Objection. Counsel is
providing his own testimony.

TURNER: Withdrawn.

Thank you, Mr. Webb.

Redirect, Colonel?

No, Your Honor.

Very well.

You may step down,
Mr. Webb. Thank you.

Your Honor, I must move

to exclude Mustafa
Atef's confession.

13 days of torture to obtain

an involuntary confession

shocks the conscience

violating both the
spirit and the letter

of the Fifth Amendment.

Your Honor, I strongly
object to the word "torture."

At no time was
the accused beaten

or was there ever any
intentional infliction of pain.

Furthermore, Your Honor,

we are at war, and
the Fifth Amendment

does not apply to our enemies.

The very idea is ridiculous.

Agreed. Defense...

Your Honor, I'm going to
have to call for a vote on this.

(all whispering)

The Government is correct.

The Fifth Amendment
does not apply here.

However, this commission
is going to exclude

Mr. Atef's involuntary
confession as lacking

probative value to
a reasonable person

under the described
circumstances.

Continue.

RABB: Your Honor,
the Government rests,

but we reserve the right, sir,

to call new
witnesses in rebuttal.

Noted. Will the defense
be presenting evidence?

Yes, Your Honor. Very well.

We'll recess and begin
hearing the defense case

at 1330... sharp.

(gavel bangs)

That was big.

Without the confession,

the I.D. as Mohandese
might not stand up.

Yeah, it just might be
enough for reasonable doubt.

We could put the warlord
who made the I.D. on the stand.

With his past history?

(footsteps)

Look at that guy.

Wait a minute.

There were dozens of prisoners
chanting his name on the tape.

Maybe we can flip one
of them to corroborate.

Maybe.

(knocking on door)

CAPTAIN JOHNSON: Enter.

Excuse us, Skipper...

Sir, we wanted to
request permission

to go ashore.

We need a witness to
corroborate the I.D. on Mohandese.

We want to look in General
Abdullah's detention camp, sir.

Well, Mr. Webb here is looking

for transportation
to the same place.

Please, sit down.

All right.

This can't leave the room.

We believe the
sniper in question

is Mustafa Atef's
brother, Kabir.

Why?

He's Al Qaeda's top
intelligence operative.

He probably got wind

of our plan to
apprehend Mustafa.

But got there too late.

Exactly.

Like his brother, Mustafa,

Kabir was trained
by us and the British.

Ex-Saudi intelligence.

He's an accomplished marksman.

He's supported by a
cadre of loyal operatives

and a web of
intelligence contacts

that span the globe.

I wish we'd known
about this earlier, Webb.

Kabir was seen last
week in Pakistan.

NSA picked up an escalation
of encrypted communication

between Afghanistan,
Pakistan and Iran.

The sheer volume of it
suggests a prelude to an attack.

NSA hasn't decrypted it?

They will.

What really concerns me
is that Mustafa Atef knew

staying in country
was a big risk,

but he didn't leave.

He was waiting for Kabir
to get back from Pakistan?

ROBERTS: That information

must have been
awfully important, ma'am.

Which makes it
important to us, vital.

Now, I just ordered a sweep
that netted a lot of Al Qaeda

in the same vicinity
we got Mustafa.

There's a good chance
Kabir was picked up

and is sitting in General
Abdullah's camp right now.

I'll spare you a helo.

Let's go, Webb.

Oh, hold on. You're First Chair.

Good thinking.

You take over till I get back.

Sir?

Colonel MacKenzie
is fluent in Farsi.

That's true.

All right, Colonel, you go.

Outstanding. Let's
get it in gear, Webb.

Captain.

I have a Ph.D. in
international relations

and a Master of Laws from Oxford

where I've taught
international law

and military justice
for the last 30 years.

Professor Sinclair,
what constitutes

a legal combatant under
the Geneva Convention?

SINCLAIR: A member of the
armed forces or militia of the territory

who wears distinctive insignia

or carries arms openly

conducts operations
in accordance

with the laws and
customs of war.

Can a legal
combatant who follows

the laws of war be subject
to a commission such as this?

No.

The Government hasn't proven

that Mr. Atef is Mohandese

but for the sake of argument

let's discuss Mohandese.

In your expert opinion
does Mohandese fit

the requirements for
a legal combatant?

Indeed, Al Qaeda
is a militia group

of international membership

akin to the French
Foreign Legion.

Mohandese was known to
wear a braided officer's cap

and to carry a
pistol at his hip.

If Mohandese was connected
to the September 11 attacks

would that action be
contrary to the laws of war?

No.

The World Trade Center
could be characterized as key

to U.S. financial infrastructure
and thus key to its war effort.

Obviously, there's no question

that the Pentagon
was a military target.

Thank you. Nothing further.

Professor, is your contention
that the braided officer's cap

Mohandese often wore was
distinctive military insignia?

Yes, and he wore it every day.

Professor, I would
bet that you wear

a jacket and a tie
most every day.

Would that be correct?

Yes.

But you wouldn't consider that

a military uniform, would you?

I am an academic, not a soldier.

Well, Mohandese is
not a soldier, Professor...

He's a terrorist.

CHEGWIDDEN:
Objection! Withdrawn.

Professor, the fact
that Mohandese wore

a particular item of
clothing every day

does not, under the
Geneva Convention

make it a military
uniform, does it?

No.

You also testified that the
custom of war allows for

the hitting of infrastructure,
but doesn't that pertain

to infrastructure directly
related to a war effort?

Yes.

But there was no war at the time

of the September 11
attacks, was there?

There was for Al Qaeda.

The jihad that has existed

since the occupation
of Palestine.

Still, the Geneva Convention

expressly forbids the
taking of hostages, doesn't it?

Yes, but I am not aware
that any hostages were taken.

There were several hundred
men, women and children

aboard the four aircraft

that were hijacked by
the Al Qaeda terrorists.

Are you telling this commission
they weren't hostages?

There was never any ransom

or demand made to
indicate that the individuals

aboard those aircraft were
intended to be hostages.

Are you kidding me?

Objection! Argumentative.

I have no further
questions, Your Honor.

Clayton Webb, here to
see General Abdullah.

(rifle cocking)

(speaking Farsi)

Colonel MacKenzie.

Gunny, what are you doing here

and when did you
learn to speak Farsi?

(speaking Farsi)

Nice of you to
call it Farsi, ma'am.

WEBB: That's right.

You're with JAG in Washington.

Yes, sir.

Before there was a war on.

It's good to see you, Gunny.

Good to see you, ma'am.

Excuse my appearance.

I just came in off patrol
for some sleep and chow

then I'm back out tomorrow.

You looked dressed
for Special Ops.

Is that so, ma'am?

So, how's everybody back at JAG?

Well, the Admiral's doing great.

Lieutenant Roberts snagged
carrier JAG aboard the Seahawk.

And Harm is, you know, Harm.

Yeah.

How are you doing?

Never been better.

Excuse me, where can
we find General Abdullah?

I'll take you there, sir.

Thank you.

You're a woman.

Last time I checked, General.

(speaking Farsi)

I'm Colonel MacKenzie.

(speaking Farsi)

And you, friend Webb,
what can I do for you?

I'm looking for Kabir Atef.

Can you identify
him if he's here?

I regret I cannot.

Kabir has many faces.

We have 40 new prisoners.

Even if he was among
them, I would not know.

MacKENZIE: Can we interview

the prisoners one at a time?

I am afraid few speak English.

(speaking Farsi)

The Red Cross is
checking on them now

so I will show you
to your quarters.

In the morning, I will see to it

all the prisoners are
made available to you.

Come.

(knocking)

Enter.

Evening, sir.

I just got word that
Colonel MacKenzie made

her regular scheduled check-in.

All is proceeding
on mission, sir.

Thank you.

Commander, I was wondering

if maybe you'd want to take

a break and have
a game of chess?

Winner plays me.

Oh, she's good,
sir, but beatable.

No, thank you.

That'll be all.

Aye, aye, sir.

He's mad at me.

Sir, he's just busy.

No, I've seen him busy,
I've seen him stressed

I've seen him damn near dead.

He's never talked
to me like this before.

The Defense recalls
Captain Dale Alexander.

Captain Alexander,
are you a terrorist?

RABB: Objection.
Argumentative and calls

for a conclusion.

Your Honor, I'm
developing testimony

from a hostile witness.

If I might have
a little latitude.

A little, Commander.

Captain, are you a terrorist?

No, sir.

As an Army Special
Forces Officer

what is your primary mission?

To train indigenous forces
in unconventional warfare.

Does that training include how
and where to place land mines?

It can, sir.

Do you teach the use and
construction of booby traps?

Sometimes, sir.

Are you aware that land
mines and booby traps

can injure innocent
noncombatants?

Any weapons system can.

But many land mine and
booby traps can't be aimed

to avoid injuries
to noncombatants

can they?

That's true, sir.

But our mines have
self-deactivating

self-destructing mechanisms.

And booby traps are confined
to only threat-rich environments.

Still, anytime you teach the
use of a land mine or a booby trap

you may also be teaching

the killing of
noncombatants, correct?

Your Honor, argumentative

and Captain Alexander
is not on trial here.

Withdrawn. One final question.

On certain operations,
Special Forces personnel

remove all insignia.

Your dog tags, anything
that could identify you.

Is that correct?

That's classified, sir.

Let the record reflect
that was not a "no."

Nothing further.

Commander Rabb.

I have one question, Captain.

Have you ever trained troops
to use land mines or booby traps

in an area where there
were only noncombatants?

No, sir. Thank you, Captain.

Nothing further.

Defense rests, Your Honor.

Thank you, Captain.

You may step down.

Your Honor, the Government calls

rebuttal witness
Mustafa Atef to the stand.

The Defense opposes
that, Your Honor.

The Commission has already ruled

the Fifth Amendment
does not apply here.

The only evidentiary standard

is probative value to
a reasonable person.

What could be more probative

than the accused's
own testimony?

Mr. Atef can not be
required to testify.

Why? Is he hiding something?

Doesn't he want
to tell his side?

I have nothing to hide.

I will testify.

SEBRING: Very well.

The Defense will have a
short recess to prepare.

The colonel wanted them
brought out one at a time.

They're here now.

Ask him if Kabir
Atef is among them.

(speaking Farsi)

(speaks Farsi)

No.

(speaking Farsi)

(speaking native language)

I asked if anyone
knows Mohandese.

He said they only know

why they're here.

(speaking Farsi)

To kill you!

Hold your fire!

MAN: We are leaving right now

or I will cut her head
from her shoulders.

MacKENZIE: This won't work.

I will kill her!

Let her go!

Stay back!

You shoot, she will die.

Just calm down.

I will kill the American.

Just calm down.

Set my brothers
free, or watch her die.

Don't set anybody free. Shut up!

Drop your guns, all of you.

They're not dropping anything.

I said shut up!

(speaking native language)

Do it, General.

Drop your guns.

No.

Damn it, put them down.

All of you put your
weapons down.

Tell them to open the gate.

(speaking native language)

(speaking native language)

(gunshot)

I knew if he thought
he was getting his way

he'd relax and give
you an opening.

RABB: State your
name for the record.

ATEF: You know who I am.

For the record, sir.

Whose record?

Permission to treat

as a hostile
witness, Your Honor.

Granted, Commander.

"For the record"
means for the world.

So for the record

your name Mustafa
Atef, is that correct?

Yes.

And you're a member
of an organization

known as Al Qaeda?

For your record...

I am a soldier.

I've been one all my life.

From military school in England

beginning at the age of six

to serving in the Saudi army

where I attained
the rank of captain.

Then I became
a soldier of Allah.

So, you're a
soldier like any other

except in Al Qaeda.

Is that your testimony?

It's the truth.

And you trained
people in Al Qaeda

like any other soldier?

Except better.

Is it your contention, Mr. Atef

that the attacks on
the United States

on September 11 were
nothing more than typical

military operations?

(laughs)

Who do you think
you are talking to?

American bombs have
slaughtered thousands of Muslims

in Iraq and Afghanistan.

Do you really think

that when the
Pentagon uses words like

"engage" or
"neutralize" or "target"

that they are any
better than me?

When a man's cause is just

he is not afraid to
use the word "kill."

When a man's cause is just

is he afraid to admit

that he's also known
as Mohandese?

Objection. Leading.

Overruled.

I am not afraid.

I am Mohandese.

Is he also not afraid to admit

that he trained the men

who hijacked the four
airliners on September 11?

I picked the men,
trained them, planned it.

And I'd do it again.

The attacks on September 11

were Al Qaeda's most
important operation, weren't they?

Don't you think so?

If this operation
were so important

why not go yourself

instead of duping
impressionable young men

to do the job for you?

Objection. Argumentative.

I'll tell you why you didn't go.

Because for all your pride
and posturing, you're a coward.

SEBRING: Commander!

You're afraid to die.

But I'll tell you something.

That's exactly what
you're going to do.

Commander!

That is quite enough.

MacKENZIE: Can't
get used to seeing you

gone native, Gunny.

Neither can I,
ma'am, but it works.

I could almost pass if
I keep my mouth shut.

Is that how you got
this assignment?

Yes, ma'am.

That and they wanted someone

with investigative experience

to hunt down bin
Laden and company.

Has it been what you expected?

Oh, yes and no, ma'am.

The Marine Corps taught me

everything I need to survive

but when a guy goes down, ma'am

what you see, what you feel...

Here.

He's Al Qaeda. He's nothing.

He still gets humane treatment.

Marine, help this man.

(speaking native language)

GALINDEZ: Did I
hear that right, ma'am?

He won't talk about Mohandese

but he was with
Kabir two days ago?

That's what he said.

Updated JAG instructions.

Finally earning your pay.

Can't say much for
your attitude, though.

I can't say much for yours.

Let me tell you something.

Leadership is not
a popularity contest.

It's not a power trip, either.

The stripes we wear on
our sleeve give us authority

but it's what we have inside
that makes us a leader.

And you would
know that if you had it.

Guess you told me.

Congratulations.

Now, you can go tell
all your little friends

that you zinged it
to the wicked witch.

SEBRING: The senior member

of this commission will
now publish our findings.

We find the
accused, Mustafa Atef

guilty of the intentional
targeting and mass murder

of non-combatants.

By unanimous vote

this commission sentences
the accused to death.

Mr. Atef

you and your comrades will
go down in history as butchers

who committed a grave atrocity

that precipitated
your own downfall.

As for now, you'll
be transported

as soon as feasible,
to Fort Leavenworth.

There, at a time of the
convening authority's choosing

you will be executed
by lethal injection.

We're done here.

Wrong.

This is far from over.

Kabir will whisper
in eternal darkness

and all the world
will hear him roar.

Get him out of here.

Congratulations, Commander.

Thank you, sir.

You put up a great defense.

Excuse me.

Harm, we need to talk.

What about?

We can't execute Mustafa Atef.

Remember Mustafa's
brother, Kabir, was in Pakistan?

While he was there,
enemy communication traffic

between Pakistan,
Iran and Russia

was off the charts.

Russia?!

It's the wild card.

We decrypted one
message enough to learn

that it was a wire
transfer... $250 million

from a Pakistani bank was
routed through a bank in the UAE

and ended up in Iran.

$250 million for what?

That's what we need to know.

There's an Al Qaeda
operation underway...

A big one... with even
Russia figuring in somehow.

All we know for sure
is Kabir is the point man

and Mustafa Atef is behind it.

I thought you'd be up here, sir.

I wanted to see you off.

So, you thought
Mac should go, huh?

Yes, sir.

All right, Bud.

You may have been
right that time... maybe.

You want to play
chess later tonight?

Yes, sir.

But I thought that you
were leaving with the admiral

and Commander Turner,
back to JAG this morning.

Mac and I are under
orders to remain aboard

to evaluate anything
Mustafa might tell Webb.

I tell you, I wish
I was in there.

I could think of a few
ways to make him talk.

You know, Bud

I've prosecuted too
many cases to remember

but this is the one time...
if the accused had got off

I'd have killed him myself.

MAN (over radio):
Lieutenant Roberts.

This is Roberts.

Commander Rabb's
urgently needed in the brig, sir.

Have you seen him?

He's on his way.

Mac, do you know
what's going on?

No.

Bag him, tag him
and put him on ice.

What did you do, Webb?

I didn't do anything.

Must have taken it
from the courtroom.

He slashed his
wrists with a pen?

Original.

Sometime during the night

Atef turned his
back to the guard

as though to go to sleep.

He did the deed and bled out.

The guard had no way of knowing.

He never made a sound.

All I needed was one day.

One more day.

Whatever he knew,
he took it with him.

We have to hope we find
Mustafa's brother Kabir

before it's too late.

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