alright, let's get two!
nothing to be sorry about, sherby. just look the ball into your glove.
you gotta trust me, sherby. you keep your eyes open, your chances of catching the ball increase by a factor of ten.
let's try it again.
dave. you seem upset and distraught.
a yardarm? sherby, does the navy still hang people from yardarms?
dave, sherby doesn't think the navy hangs people from yardarms anymore. let's go, let's get two!
it was oregano, dave, it was ten dollars worth of oregano.
my client's a moron, that's not against the law.
ow. that had to hurt. way to keep your head in the play, lester. walk it off!
with what, possession of a condiment?
dave, i've tried to help you out of this, but if you ask for tall time, i'm gonna file a motion to dismiss.
i will get it. and if the mtd is denied, i'll file a motion in liminee seeking to obtain evidentiary ruling in advance, and after that i'm gonna file against pre-trial confinement, and you're gonna spend an entire summer going blind on paperwork because a signalman second class bought and smoked a dime bag of oregano.
c misdemeanor, 15 days restricted duty.
'cause you have wisdom beyond your years. dave, can you play third base?
excuse me, sorry i'm late.
thank you, isaac, that's nice of you.
requested to do what?
what's a fenceline?
teachers pet.
they poisoned the rag?
what do they say?
the flight to cuba, was that 0600 in the morning, sir?
hi. i'm daniel kaffee. i was told to meet with -- -- commander galloway.
about a briefing.
i'm lead counsel. this is sam weinberg.
going on nine months now.
a little over a year.
have i done something wrong?
no offense taken, if you were wondering.
one more, and i got a set of steak knives.
i once had my drivers license suspended.
commander, from what i understand, if this thing goes to court, they won't need a lawyer, they'll need a priest.
sure, if you feel like it.
who hasn't?
i know that one.
yes.
right. is that all?
gotcha. and santiago is.  who?
write that down. am i correct in assuming that these letters don't paint a flattering picture of marine corps life in guantanamo bay?
and am i further right in assuming that a protracted investigation of this incident might cause some embarrassment for the security counsel guy.
twelve years.
twelve years. i can get it knocked down to involuntary manslaughter. twelve years.
pretty impressive, huh?
commander, do you have some sort of jurisdiction here that i should know about?
sure.
sorry, i always forget that.
alright, let's get tough out there!
you want to suit up? we need all the help we can get.
that's okay, neither can they.
say again?
those names sound like they should mean something to me, but i'm just not --
the cuba thing! yes! dawson and downey. right. i've done something wrong again, haven't i?
we need the practice.
it was a little funny.
why?
you don't even know me. ordinarily it takes someone hours to discover i'm not fit to handle a defense.
oh come on, that was damn funny.
wow. i'm sexually aroused, commander.
what are you basing this on?
the doctor's report says that santiago died of asphyxiation brought on by acute lactic acidosis, and that the nature of the acidosis strongly suggests poisoning. now, i don't know what any of that means, but it sounds pretty bad.
oh, now i see what you're saying. it had to be professor plum in the library with the candlestick.
okay. you go straight up pennsylvania avenue. it's a big white house with pillars in front.
i don't think you'll have much luck, though. i was assigned by division, remember? somebody over there thinks i'm a good lawyer. so while i appreciate your interest and admire your enthusiasm, i think i can pretty much handle things myself.
someone hasn't been working and playing well with others, harold.
i'm daniel kaffee, this is sam weinerg, you can sitdown.
is this your signature?
you don't have to call me sir. is this your signature?
and you certainly don't have to do it twice in one sentence. harold, what's a code red?
what does that mean, exactly?
what's a garden variety code red?
harold, you say sir and i turn around and look for my father. danny, daniel, kaffee. garden variety; typical. what's a basic code red?
what's that?
was the attack on santiago a code red?
do you ever talk?
swell. private downey, the rag you stuffed in santiago's mouth, was there poison on it?
silver polish, turpentine, anti- freeze.
when all of a sudden?
did anyone see you call the ambulance?
were you there when the ambulance got there?
his mirror engaged?
santiago's letter to the nis said you fired illegally. he's saying that the guy, the mirror, he never made a move.
oh, harold?
you see what i'm getting at? if santiago didn't have anything on you, then why did you give him a code red?
he what?
yeah, yeah, alright. harold, did you assault santiago with the intent of killing him?
what was your intent?
train him to do what?
the goverrment of the united states wants to charge you two with murder. you want me to go to the prosecutor with unit, corps, god, country?
we'll be back. you guys need anything? books paper, cigarettes, a ham sandwich?
harold, i think there's a concept you better start warming up to.
i'm the only friend you've got.
sailin' jack ross.
you think so?
unfortunately for dawson and downey, i don't do anything better than i play softball. what are we lookin' at?
i want twelve.
they called the ambulance, jack.
the rag was tested for poison. the autopsy, lab report, even the initial e.r. and c.o.d. reports. they all say the same thing: maybe, maybe not.
what do you know about code reds?
you tell me.
i'll talk to you when i get back.
any luck getting me replaced?
commander --
look, i don't --
commander --
joanne --
jo?
jo, if you ever speak to a client of mine again without my permission, i'll have you disbarred. friends?
from where?
you got authorization from aunt ginny?
you got authorization from aunt ginny.
does aunt ginny have a barn? we can hold the trial there. i can sew the costumes, and maybe his uncle goober can be the judge.
and the hits just keep on comin'.
how's it goin', luther?
you gotta play 'em as they lay, luther.
if you can't beat 'em, join 'em.
love makes the world go round. i'll see you tomorrow, luther.
your daughter made a sound, sam, i'm not sure it was a word.
okay.
she was pointing at a doorknob.
jack ross came to see me today. he offered me twelve years.
i know, and i'll.  i guess, i mean -- i'll take it.
it took albout 45 seconds. he barely put up a fight.
you don't believe their story, do you? you think they ought to go to jail for the rest of their lives.
i'll see you tomorrow.
i don't like the whites.
dramamine keeps you cool?
i get sick when i fly because i'm afraid of crashing into a large mountain, i don't think dramamine'll help.
yeah, right.
you know, ross said the strangest thing to me right before i left. he said the platoon commander lieutenant jonathan kendrick had a meeting with the men and specifically told them not to touch santiago.
i never mentioned kendrick. i don't even know who he is. what the hell. i'll see you tomorrow.
yeah.
camouflage jackets?
good call, sam.
whoa! hold it! we gotta take a boat?!
nobody said anything about a boat.
no. no problem. i'm just not that crazy about boats, that's all.
nobody likes her very much.
thank you. i'm daniel kaffee, i'm the attorney for dawson and downey. this is joanne galloway, she's observing and evaluating --
sam weinberg. he has no responsibility here whatsoever.
yes sir.
he passed away seven years ago, colonel.
not at all, sir.
not much at all, sir, i'm afraid. this is really a formality more than anything else. the jag corps insists that i interview all the relevant witnesses.
fine, sir.
i understand you had a meeting with your men that afternoon.
what'd you guys talk about?
what time was that meeting?
sam, somebody should see about getting this stuff to his parents. we don't need it anymore.
lt. kendrick -- can i call you jon?
have i done something to offend you?
sounds good. let's move on.
i'm pacing myself.
colonel just need to ask you a couple of questions about august 6th.
on the morning of the sixth, you were contacted by an nis angent who said that santiago had tipped him off to an illegal fenceline shooting.
santiago was gonna reveal the person's name in exchange for a transfer. an i getting this right?
if you feel there are any details that i'm missing, you should free to speak up.
now it was at this point that you called captain markinson and lt. kendrick into your office?
and what happened then?
santiago was set to be transferred?
yeah.
alright, that's all i have. thanks very much for your time.
thank you.
no you don't.
no you don't.
jo --
see? the man was dead. let's go.
jo --
she has no point. she often has no point. it's part of her charm. we're outta here. thank you.
jo, the colonel doesn't need to answer that.
no, he really doesn't.
yes sir.
let's go. colonel, i'll just need a copy of santiago's transfer order.
santiago's transfer order. you guys have paper work on that kind of thing, i just need it for the file.
yeah.
thank you.
of course.
let's go.
i beg your pardon?
colonel jessep.  if it's not too much trouble, i'd like a copy of the transfer order. sir.
who is it?
i've really missed you, jo. i was just saying to myself, "it's been almost three hours since i last saw -- "
when?
i'll talk to him in the morning.
you tried? joanne, you're coming dangerously close to the textbook definition of interfering with a government investigation.
i suppose it's way too much to hope that you're just making this up to bother me.
splendid.
did kendrick order the code red?
don't say sir like i just asked you if you cleaned the latrine. you heard what i said. did lt. kendrick order you guys to give santiago a code red?
did he?
you mind telling me why the hell you never mentioned this before?
cutie-pie shit's not gonna win you a place in my heart, corporal, i get paid no matter how much time you spend in jail.
fuck you, harold.
when?
and what happened then?
jack!
jack!!
they were given an order.
this is jo galloway she's downey's lawyer. she's very pleased to meet you.
jack didn't know about the order. because if he did and he hadn't told us, jack knows he'd be violating about 14 articles of the code of ethics. as it is, he's got enough to worry about. god forbid our clients decide to plead not guilty and testify for the record that they were given an order.
that's right. and then he went into dawson and downey's room and specifically told them to give him a code red.
kendrick's lying.
i have the defendants.
why did markinson resign his commission?
you don't think i can subpoena markinson.
how much room?
jo --
here's the story: the goverment's offering assault and conduct unbecoming. two years. you'll be home in six months.
"wow, kaffee, you're the greatest lawyer in the world. how can we ever thank you?" fellas, you hear what i just said, you're going home in six months.
do what?
what are you talking about?
did you -- did she put you up to this?
well zippity-doo-dah. you and your code plead not guilty and you'll be in jail for the rest of your life. do what i'm telling you and you'll be home in six months.
do it, harold. six months. it's nothing. it's a hockey season.
speak!
when?
yes.
commander, i want to talk to corporal dawson alone for a minute.
you don't like me that much, do you? forget it, don't answer that, it doesn't matter.
you know, downey worships you. he's gonna do whatever you do. are you really gonna let this happen to him because of a code? harold?
it doesn't matter what i --
i think you'd lose.
i'm not gonna feel responsible for this, harold. i did everything i could. you're going to levenworth for the better part of your life, and you know what? i don't give a shit.
m.p.!
what happened to saluting an officer when he leaves the room?
dawson's gonna go to jail just to spite me. fine. if he wants to jump off a cliff, that's his business. i'm not gonna hold his hand on the way down. i want to get him a new lawyer. how do i do it?
then that's that.
what do you want from me?
for christ sake, sam, do you really think that's the same as two teenage marines executing a routine order that they never believed would result in harm? these guys aren't the nazis.
yeah. tomorrow morning i'll get them a new attorney.
please, spare me the psycho-babble father bullshit. dawson and downey'll have their day in court, but they'll have it with another lawyer.
their fate was sealed the moment santiago died.
you and dawson both live in the same dreamland. it doesn't matter what i believe, it only matters what i can prove. so please don't tell me what i know and don't know. i know the law.
yeah. they're not guilty.
why does a junior grade with six months experience and a track record for plea bargaining get assigned a murder case? would it be so that it never sees the inside of a courtroom?
we'll work out of my apartment. every night, seven o'clock. jo, before you come over tonight, pick up a carton of legal pads, a half-dozen boxes of red pens, a half-dozen boxes of black pens. sam get a couple of desk lamps. i need you to start on a preliminary medical profile and jo, we need all the fitness reports on dawson, downey and santiago. the only thing i have to eat is yoo-hoo and sugarsnacks, so if you want anything else, bring it with you. okay?
so this is what a courtroom looks like.
were you able to speak to your friend at nis?
are you markinson?
well, i'm not markinson, that's two down.
what.
they were following an order, sam.
you think dawson and downey know it was an illegal order?
they're not permitted to question orders.
we have softball games and marching bands. they work at a place where you have to wear camouflage or you might get shot.
i need you. you're better at research than i am and you know how to prepare a witness.
this is our defense. intent: no one can prove there was poison on the raq. code red: they're common and accepted in guantanamo bay. the order: a) kendrick gave it. b) they had no choice but to follow it. that's it.
we're a little weak on motive. they had one.
relax. we'll deal with the fenceline shooting when it comes up. for now we start here -- i don't know what made santiago die, i don't want to know. i just want to be able to show it could've been something other than poison. jo, talk to doctors. find out everything there is to know about lactic acidosis. let's start prepping for stone.
here we go.
oh, that's a relief. i was afraid i wouldn't be able to use the "liar, liar, pants on fire" defense. we can't prove coercion!! alright, fitness reports and biographical information.
no cliff-notes on these things?
doctor, other than the rope marks, was there any other sign of external damage?
no scrapes?
no cuts?
bruises? broken bones?
doctor, was there any sign of violence?
fuck!! i walk into that every goddam time!
lt. kendrick, the type of disciplinary action, or "training'' as you say --
please the court, i maintain that nothing could be more relevant than what the defendants learned by the example of, among others, the witness.
he's right, and from now on, "willy" is private santiago. you start calling him willy and all of a sudden he's a person who's got a mother who's gonna miss him.
poker faces. don't flinch in front of the jury. something doesn't go our way, don't hang your head, don't shift in your seat, don't scribble furiously. whatever happens, you have to look like it's exactly what you knew was gonna happen. when you pass me documents --
and don't wear that perfume in court, it wrecks my concentration.
i was talking to sam.
time to go home. try to get some sleep tonight.
you're a good man, charlie brown.
i know what you're gonna say. you don't have to. we've had our differences. i've said some things i didn't mean, you've said some things you didn't means but you're happy that i stuck with the case. and if you've gained a certain respect for me over the last three weeks that you didn't have before, well, of course i'm happy about that, but we don't have to make a whole big deal out of it. you like me. i won't make you say it.
oh. okay. good tip.
bet your ass.
we're gonna get creamed.
i'll do my best.
you're aunt ginny?
i'm sorry, i was expecting someone older.
last chance. i'll flip you for it.
no objection.
there was no poison on the rag and there was no intent to kill and any attempt to prove otherwise is futile because it just ain't true. when dawson and downey went into santiago's room that night, it wasn't because of vengeance or hatred, it wasn't to kill or harm, and it wasn't because they were looking for kicks on a friday night. it's because it was what they were ordered to do. let me say that again: it's because it was what they were ordered to do. now, out in the real world, that means nothing. and here at the washington navy yard, it doesn't mean a whole lot more. but if you're a marine assigned to rifle security company windward, guantanamo bay, cuba, and you're given an order, you follow it or you pack your bags. make no mistake about it, harold dawson and louden downey are sitting before you in judgement today because they did their job.
how you doin'?
good.
mr. mcguire, have you questioned corporal dawson about the fenceline shooting?
but you don't believe him.
corporal dawson's been charged with a number of crimes, why wasn't he charged with firing at the enemy without cause?
thank you.
object --
please the court, is the judge advocate honestly asking this witness to testify as to how the defendant felt on august 6th?
corporal hammaker, were you in dawson and downey's barracks room ten minutes after this meeting?
thanks, i have no more questions.
please the court, i understand lt. ross is planning on calling all the other members of rifle security company windward to testify.
the defense is willing to concede that all 23 witnesses will testify substantially as corporal hammaker did, if the government is willing to concede that none of them were in dawson and downey's room at 16:20 on august 6th.
your honor, we object at this point. the witness is speculating.
commander stone is an internist, not a criminologist, and the medical facts here are ultimately inconclusive.
not at all, sir. objection withdrawn.
commander, you testified that it takes lactic acidosis 20 to 30 minutes before it becomes lethal.
let me ask you, is it possible for a person to have an affliction, some sort of condition, which might, in the case of this person, actually speed up the process of acidosis dramatically?
commander, is it possible?
what might some of those conditions be?
commander, if i had a coronary condition, and a perfectly clean rag was placed in my mouth, and the rag was accidentally pushed too far down, is it possible that my cells would continue burning sugar after the rag was taken out?
is it possible to have a serious coronary condition, where the initial warning signals were so mild as to escape a physician during a routine medical exam?
what kind of symptoms?
chest pains?
shortness of breath?
fatigue?
doctor, is this your signature?
this in an order for private santiago to be put on restricted duty. would you read your hand written remarks at the bottom of the page, please, sir.
commander, isn't it possible that santiago had a serious coronary condition, and it was that condition, and not some mysterious poison, that caused the accelerated chemical reaction?
and that's why it had to be, poison, right, commander? 'cause lord knows, if you put a man with a serious coronary condition back on duty with a clean bill of health, and that man died from a heart related incident, you'd have a lot to answer for, wouldn't you, doctor?
no more questions, judge.
sam --
sam, she made a mistake. let's not relive it.
alright. everybody take the night off.
it's alright. we've been working 20 hour days for three and a half weeks straight. take the night off. go see your wife, see your daughter. jo, do whatever it is you do when you're not here. what day is tomorrow?
we'll start at ten.
no, i was just watching a baseball game.
jo, are you asking me out on a date?
it sounded like you were asking me out on a date.
i've been asked out on dates before, and that's what it sounded like.
nine weeks on a d and d? what was the prosecutor offering?
well, you sure hustled the shit outta him.
tough to blame them.
why are you always giving me your resume?
i do.
jo.  i think you have to prepare yourself for the fact that we're gonna lose. ross's opening speech, it was all true. i mean, let's pretend for a minute that it would actually matter to this jury that the guys were given an order. we can't prove it ever happened. we'll keep doing what we're doing, and we'll put on a show, but at the end of the day, all we have is the testimony of two people accused of murder.
jo, we're gonna lose. and we're gonna lose huge.
corporal howard, name some reasons why a marine would get a code red?
have you ever received a code red?
and what happened?
was private santiago ever late for platoon meetings?
was his barracks ever in disorder?
did he ever fall back on a run?
did he ever, prior to the night of august 6th, receive a code red?
never?
you got a code red 'cause your palms were sweaty. why didn't santiago, this burden to his unit, ever get one?
dawson wouldn't allow it.
i'll rephrase. jeffrey, did you ever want to give santiago a code red?
why didn't you?
good enough. lt. ross is gonna ask you some questions now.
corporal, would you turn to the page in this book that says where the enlisted men's mess hall is?
i don't understand, how did you know where the enlisted men's mess hall was if it's not in this book?
no more questions.
seven tonight, we'll do a final kendrick review. i want to slam- dunk this guy.
hey, luther.
nose to the grindstone.
a rolling stone gathers no moss.
ain't that the truth. catch you tomorrow.
jesus fucking christ!!--
scared the shit outta me.
are you aware you're under subpoena?
what do you know?
was it a code red?
did kendrick give the order?
did you witness it?
did you witness it?!
then how do you know?
you know shit.
we've got the transfer order. it's got your signature.
i'm gonna get you a deal. some kind of immunity with the prosecutor. in about four days, you're gonna appear as a witness for the defense, and you're gonna tell the court exactly what you told me. right now i'm gonna check you into a motel, and we're gonna start from the beginning.
the route 23 best western.
that's probably a good idea.
clearance code?
i don't have a clearance code. do you have a --
he also said that jessep's lying about the transportation off the base. jessep said six the next morning was the first flight santiago could've left on, markinson says there was a plane that left seven hours earlier.
that was impressive. did you hear what i just said about the flight?
sam, when a plane takes off from a base, there's gotta be some kind of record kept, right?
get it.
jo, don't get crazy about this. we don't know who markinson is. we don't know what the log book's gonna say. you just concentrate on downey. i'm gonna talk to ross and tell him where we are.
you are like seven of the strangest women i have ever met.
i have markinson.
a motel room in arlington with 14 federal marshals outside his door. take a sip of your drink.
the transfer order that parkinson signed is phoney. and jessep's statement that the six a.m. flight was the first available is a lie, we're checking the tower chief's log. but in the meantime i'm gonna put the apostle jon kendrick on the stand and see if we can't have a little fun.
thanks, jack. and i wanna tell you that i think the whole fuckin' bunch of you are certifiably insane. and this code of honor of yours makes me wanna beat the shit outta something.
i've been so advised.
you're a lousy softball player, jack.
batter up, j.j.
lt. kendrick, in your opinion, was private santiago a good marine?
lieutenant, you signed three fitness reports on santiago. on all three reports you indicated a rating of below average.
we appreciate that, but you're under oath now, and i think unpleasant as it may be, we'd all just as soon hear the truth.
lieutenant, these are the last three fitness reports you signed for lance corporal dawson and pfc downey. downey received three straight marks of exceptional. dawson received two marks of exceptional, but on this most recent report, dated june 9th of this year, he received a rating of below average. it's this last report that i'd like to discuss for a moment.
lance corporal dawson's ranking after infantry training school was perfect. records indicate that over half that class has since been promoted to full corporal, while dawson has remained a lance corporal. was dawson's promotion held up because of this last fitness report.
do you recall why dawson was given such a poor grade on this report?
do you recall an incident involving a pfc curtis barnes who'd been found stealing liquor from the officer's club?
did you report private barnes to the proper authorities?
lt. kendrick, at your request, i can have the record reflect your lack of acknowledgment of this court as a proper authority.
did you report private barnes to your superiors?
you preferred it to be handled within the unit.
lieutenant, do you know what a code red is?
have you ever ordered a code red?
lieutenant, did you order dawson and two other men to make sure that private barnes receive no food or drink except water for a period of seven days?
i'm sure it was lovely for private barnes, but you did order the barracks restriction, didn't you? and you did order the denial of food.
wouldn't this form of discipline be considered a code red?
if i called the other 8000 men at guantanamo bay to testify, would they consider it a code red?
lieutenant, was dawson given a rating of below average on this last fitness report because you learned held been sneaking food to private barnes? not so fast. lieutenant?
what crime did he commit? lieutenant kendrick? dawson brought a hungry guy some food. what crime did he commit?
and because he did, because he exercised his own set of values, because he made a decision about the welfare of a marine that was in conflict with an order of yours, he was punished, is that right?
yeah, but it wasn't a order, was it? after all, it's peacetime. he wasn't being asked to secure a hill.  or advance on a beachhead. i mean, surely a marine of dawson's intelligence can be trusted to determine on his own, which are the really important orders, and which orders might, say, be morally questionable. lt. kendrick? can he? can corporal dawson determine on his own which orders he's gonna follow?
a lesson he learned after the curtis barnes incident, am i right?
you know so, don't you, lieutenant.
lieutenant kendrick, one final question: if you ordered dawson to give santiago a code red.
-- is it reasonable to think that he would've disobeyed you again?
you don't have to, i'm through.
what's the word?
let me see that.
there was no flight out at eleven o'clock. what the fuck are you trying to pull?
then why the hell isn't it listed in the tower chief's log?!
what are you telling me? he fixed the log book?
well, maybe he can make it so a plane didn't take off, but i can sure as hall prove that one landed. i'll get the log book from andrews.
he made an entire flight disappear?
you're taking the stand. thursday.
there's gotta be someone who can testify to the flight. a ground crew member. someone.
forget the flight. we'll put markinson on the stand and we'll deal with jessep's refusal to transfer santiago and he'll testify to the forged transfer order. that'll be enough. that and downey's testimony really oughta be enough.
yes.
yes.
yes.
jo --
i'm gonna go slow.
alright.
joanne!
he's gonna be fine.
private, i want you to tell us one last time: why did you go into private santiago's room on the night of august 6th?
thank you. your witness.
don't worry about it.
maybe if we work at it we can get dawson charged with the kennedy assassination.
pretty much. yeah.
she's gonna make coffee. that's nice. he wasn't in his room. he wasn't even there. that was an important piece of information, don't you think?
markinson's dead.
you really gotta hand it to those federal marshals, boy. it's not like he hanged himself by his shoelaces or slashed his wrists with a concealed butter knife. this guy got, into full dress uniform, stood in the middle of that room, drew a nickle plated pistol from his holster, and fired a bullet into his mouth.
anyway, since we seem to be out of witnesses, i thought i'd drink a little.
then maybe you should drink a little.
why would we want to do that?
what?
no.
no. i won't listen to you and i won't hear you out. your passion is comforting, jo. it's also useless. private downey needed a trial lawyer today.
it's over!
what are you --
what does it matter --
i wanted the damn transfer order!
what possible good could come from putting jessep on the stand?
he did?! why didn't you say so!? that's qreat! and of course you have proof of that.
ah, i keep forgetting: you were sick the day they taught law at law school.
yes. no problem. we get it from him. colonel, isn't it true that you ordered the code red on santiago?
i'm sorry, your time's run out. what do we have for the losers, judge? well, for our defendants it's a lifetime at exotic fort levenworth. and for defense counsel kaffee? that's right -- it's -- a court -- martial. yes, johnny, after falsely accusing a marine officer of conspiracy, lt. kaffee will have a long and prosperous career teaching typewriter maintenance at the rocco columbo school for women. thank you for playing "should we or should-we-not follow the advice of the galacticly stupid".
stop cleaning up.
sam. stop cleaning up.
you want a drink?
is your father proud of you?
i'll bet he is. i'll bet he bores the shit outta the neighbors and the relatives. "sam, made law review. he's got a big case he's making -- he's arguing making an argument." i think my father would've enjoyed seeing me graduate from law school. i think he would've liked that.  an awful lot.
yeah?
yes he was.
would you put jessep on the stand?
you think my father would've?
joanne.
jo, we look ridiculous. stop the car.
joanne.
i apologize. i was angry and.  i'm sorry about what i said.
i'm gonna put jessep on the stand.
we have a witness.
and in the hands of a lesser attorney, that'd be a problem.
i'm getting my second wind. siddown. both of you.
good. jessep told kendrick to order a code red. kendrick did, and our clients followed the order. the cover-up isn't our case. to win, jessep has to tell the jury that he ordered the code red.
i think he wants to say it. i think he's pissed off that he's gotta hide from us. i think he wants to say that he made a command decision and that's the end of it. he eats breakfast 80 yards away from 4000 cubans who are trained to kill him, and no one's gonna tell him how to run his base. least of all the pushy broad, the smart jew, and the harvard clown. i need to shake him and put him on the defensive.
that's the plan.
i'm not gonna trip him. i'm gonna lead him right where he's dying to go.
i have no idea. i need my bat.
i need my bat. i think better with my bat. where's my bat?
you put it in the closet.
don't ever put a bat in a closet.
stay here, i'm going to the office for a while.
sam. i need you to do something.
is sam here?
where is he?
did he got the guys?
i think he's gonna have his hands full today.
why lt. commander galloway.  are you suggesting i back off a material witness?
do you think i can get him?
you're my hero, joanne. from the first day, you were a lawyer. live with that.
where's sam?
defense calls colonel nathan jessep.
colonel, when you learned of santiago's letter to the nis, you had a meeting with your two senior officers, is that right?
the executive officer, lt. jonathan kendrick, and the company commander, captain matthew markinson.
and at present, captain markinson is dead, is that right?
i'm implying simply that, at present, captain markinson is not alive.
i just wasn't sure if the witness was aware that two days ago, captain markinson took his own life with a .45 caliber pistol.
yes sir. colonel, at the time of this meeting, you gave lt. kendrick an order, is that right?
and did you give an order to captain markinson as well?
why?
grave danger?
we have the transfer order that you and markinson co-signed, ordering that santiago be lifted on a flight leaving guantanamo at six the next morning. was that the first flight off the bass?
colonel, you flew up to washington early this morning, is that right?
i notice you're wearing your class a appearance in dress uniform for court today.
did you wear that uniform on the plane?
the defense didn't have an opportunity to depose this witness, your honor. i'd ask the court for a little latitude.
colonel?
and you brought your dress uniform with you.
and a toothbrush? a shaving kit? change of underwear?
is the colonel's underwear a matter of national security?
yes sir. colonel?
thank you.
after dawson and downey's arrest on the night of the sixth, santiago's barracks room was sealed off and its contents inventoried. pairs of camouflage pants, 6 camouflage shirts, 2 pairs of boots, 1 pair of brown shoes, 1 pair of tennis shoes, 8 khaki tee-shirts, 2 belts, 1 sweater --
i'm wondering why santiago wasn't packed.
i'll tell you what, we'll get back to that one in a minute.
this is a record of all telephone calls made from your base in the past 24 hours. after being subpoenaed to washington, you made three calls.
i've highlighted those calls in yellow. do you recognize those numbers?
why did you make that call, sir?
your honor, these are the telephone records from gitmo for august 6th. and these are 14 letters that santiago wrote in nine months requesting, in fact begging, for a transfer. upon hearing the news that he was finally getting his transfer, santiago was so excited, that do you know how many people he called? zero. nobody. not one call to his parents saying he was coming home. not one call to a friend saying can you pick me up at the airport. he was asleep in his bed at midnight, and according to you he was getting on a plane in six hours, yet everything he owned was hanging neatly in his closet and folded neatly in his footlocker. you were leaving for one day and you packed a bag and made three phone calls. santiago was leaving for the rest of his life, and he hadn't called a soul and he hadn't packed a thing. can you explain that? the fact is there was no transfer order. santiago wasn't going anywhere, isn't that right, colonel.
colonel?
is this funny, sir?
do you have an answer?
excuse me, i didn't dismiss you.
i'm not through with my examination. sit down.
what's that?
colonel, the six a.m. flight, was the first one off the base?
there wasn't a flight that left seven hours earlier and landed at andrews airforce base at 2 a.m.?
your honor, these are the tower chief's logs for both guantanamo bay and andrews airforce base. the guantanamo log lists no flight that left at eleven p.m., and the andrews log lists no flight that landed at 2 a.m. i'd like to admit them as defense exhibits "a" and "b".
we believe it did, sir. defense'll be calling airman cecil o'malley and airman anthony perez. they were working the ground crew at andrews at two a.m. on the seventh.
colonel, a moment ago --
we'll get to the airmen in just a minute, sir. a moment ago said that you ordered kendrick to order his men not to touch santiago.
and kendrick was clear on what you wanted?
any chance kendrick ignored the order?
any chance he just forgot about it?
any chance kendrick left your office and said, "the 'old man's wrong"?
when kendrick spoke to the platoon and ordered them not to touch santiago, any chance they ignored him?
no sir.
no sir.
no sir.
yes sir.
crystal.
colonel, i have just one more question before i call airman o'malley and airman perez: if you gave an order that santiago wasn't to be touched, and your orders are always followed, then why would he be in danger, why would it be necessary to transfer him off the base?
but that's not what you said. you said he was being transferred because he was in grave danger.
you said, "he was in danger". i said, "grave danger". you said --
i can have the court reporter read back your --
then why the two orders? colonel? why did you --
no sir. you made it clear just a moment ago that your men never take matters into their own hands. your men follow orders or people die. so santiago shouldn't have been in any danger at all, should he have, colonel?
i'd like an answer to the question, judge.
if kendrick told his men that santiago wasn't to be touched, then why did he have to be transferred?
colonel?
kendrick ordered the code red, didn't he? because that's what you told kendrick to do.
and when it went bad, you cut these guys loose.
you had markinson sign a phony transfer order --
you doctored the log books.
i'll ask for the forth time. you ordered --
i think i'm entitled to them.
i want the truth.
did you order the code red?
did you order the code red?
please the court, i suggest the jury be dismissed so that we can move to an immediate article 39a session. the witness has rights.
jack.
don't call me son. i'm a lawyer, and an officer of the united states navy. and you're under arrest you sonofabitch.
the witness is excused.
harold, i'm sorry.
harold!
you don't need to wear a patch on your arm to have honor.
unless i'm mistaken they were gonna testify, under oath, that they have absolutely no recollection of anything.
and very handsome, too, don't you think?
tell him i say "hi".
staff sargeant henry williamson. he went to the movies on company time. what about you?
just pretty much generally annoying people?
no. how 'bout a date. a real date. dinner. attractive clothes. the works.
i'll pick you up at seven.
i'm gonna get started on henry williamson. stand my post for a while.