Yes, Sir. Colonel, at the time of this meeting, you gave Lt. Kendrick an order, is that right?
I told Kendrick to tell his men, that Santiago wasn't to be touched.
And did you give an order to Colonel Markinson as well?
I ordered Markinson to have Santiago transferred off the base immediately.
I felt his life might be in danger once word of the letter got out.
[drunk]
Anyway, since we seem to be out of witnesses, I thought I'd drink a little.
I still think we can win.
[holds back a laugh]
Maybe you should drink a little.
Look, we'll go to Randolph in the morning and make a motion for a continuance, twenty-four hours.
Why would we wanna do that?
To subpoena Colonel Jessup.
No, I won't listen and I won't hear you out. Your passion is compelling, Jo; it's also useless. Louden Downey needed a trial lawyer today!
You chickenshit. You're going to use what happened today as an excuse to give up?
Why did you ask Jessup for the transfer order?
In Cuba, why did you ask Jessup for the transfer order?
What does it matter? I wanted the damn transfer order!
Bullshit! You could've gotten it by picking up the phone and calling any one of the dozen departments at the Pentagon. You didn't want the transfer order, you wanted to see Jessup's reaction when you asked for the transfer order. You had an instinct, and it was confirmed by Markinson. Now dammit, lets put Jessup on the stand and end this thing!
What possible good could come from putting Jessup on the stand?
He told Kendrick to order the Code Red!
[sarcastic]
He did? Well, that's great! Why didn't you say so?! And of course, you have proof of that? Oh! I'm sorry, I keep forgetting, you were sick the day they taught law at law school!
You put him on the stand and you get it from him.
Oh, we get it from him! Yes! No problem! We get it from him! "Colonel Jessup, isn't it true that you ordered the Code Red on Santiago?"
Listen, we're all a little--
[imitates buzzer]
EEEGH! 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 Leavenworth! And for defense counsel Kaffee... That's right! It's a court martial! Yes, Johnny! After falsely accusing a highly decorated Marine officer of conspiracy and perjury, Lieutenant Kaffee will have a long and prosperous career teaching... typewriter maintenance at the Rocco Globo School for Women! Thank you for playing! Should we, or should we not, FOLLOW THE ADVICE OF THE GALACTICALLY STUPID?!
All right, here's the story. The government is offering Involuntary Manslaughter. Two years. You'll be out in six months. [Dawson and Downey react with stony silence] Wow, Kaffee, you're the greatest lawyer in the world! Ooh, how can we ever thank you? Fellas, you hear what I just said? You're going home in six months.
I'm afraid we can't do that, sir.
What are you talking about?
We did nothing wrong, sir. We did our job, and if that has consequences I'll accept them. But I won't say I'm guilty, sir.
[to Galloway]
Did you — [turns to Dawson] did she put you up to this?
Oh, well, zip-a-dee-doo-dah! You and your code plead not guilty, you'll be in jail for the rest of your life. Do what I'm telling you, you'll be home in six months. Do it, Harold. Six months. It's nothing. It's a hockey season.
After six months we'll be dishonorably discharged. Right, sir?
Well, what do we do then, sir? We joined the Marines because we wanted to live our lives by a certain code, and we found it in the Corps. Now you're asking us to sign a piece of paper that says we have no honor. You're asking us to say that we're not Marines. If a court decides that what we did was wrong, then I'll accept whatever punishment they give. But I belive I was right, I believe I did my job. But I will not dishonor myself, my unit, or the Corps so that I can go home in six months! Sir.
All right, what's the code?
Unit, Corps, God, country.
Unit, Corps, God, country. Sir.
The United States of America wants to charge the two of you with murder & you want me to go before the judge with "Unit, Corps, God, country"?
Am I correct to assume that these letters don't paint a flattering picture of Marine Corps life at Guantanamo Bay?
And am I also right in assuming that an investigation of this incident might cause some embarrassment to the Security Council guy?
I'll get them to drop the Conspiracy and Conduct Unbecoming. Twelve years.
You haven't talked to a witness or looked at a piece of paper.
You're going to have to go deeper than that.
Commander do you have some sort of jurisdiction I should know about.
My job, is to make sure you do you job. I'm special counsel for Internal Affairs, so my "jurisdiction's" pretty much in your face.
Colonel, I have just one more question before I call Airman O'Malley and Airman Rodriguez. If you gave an order that Santiago wasn't to be touched, and your orders are always followed, then why would Santiago be in danger? Why would it be necessary to transfer him off the base?
Santiago was a substandard Marine. He was being transferred because--
That is 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 "is there another kind?"--
I can have the court reporter read back to you--
I know what I said! I don't have to have it read back to me like I'm--!
Then why the two orders? Colonel?
Sometimes men take matters into their own hands.
No, Sir. You made it clear a moment ago that your men never take matters in to 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?
You snotty little bastard.
Your Honor, I'd like to ask for a recess!
I'd like an answer to the question, Judge.
The court will wait for an answer.
If Lt. Kendrick gave an order that Santiago wasn't to be touched, then why did he have to be transferred? Colonel? Lt. Kendrick ordered the Code Red, didn't he, because that's what you told Lt. Kendrick to do!
And when it went bad, you cut these guys loose!
You got Markinson to sign a phony transfer order! You doctored the log books!
Consider yourself in contempt!
Colonel Jessep, did you order the code red?!
You don't have to answer that question!
I'll answer the question. You want answers?
You can't handle the truth! Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Who's gonna do it? You?! You, Lieutenant Weinberg?! I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know: that Santiago's death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives! You don't want the truth because deep down in places you don't talk about at parties, you want me on that wall! You need me on that wall! We use words like honor, code, loyalty. We use these words as the backbone of a life spent defending something. You use them as a punchline! I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it! I would rather you just said, "Thank you," and went on your way. Otherwise, I suggest you pick up a weapon and stand a post. Either way, I don't give a damn what you think you are entitled to!
Did you order the Code Red?
I did the job I was sent to do--
Did you order the Code Red?!
You're god damn right I did!!
Hold on a sec, we got to take a boat?
Yes sir, just to get to the other side of the bay.
Nobody said anything about a boat.
No, no problem, I'm just not that crazy about boats, that's all.
Jesus Christ, Kaffee, you're in the Navy for crying out loud!
Nobody likes her very much.
I've done something wrong again, haven't I?
I'm just wondering why two guys have been in a jail cell since this morning while their lawyer is outside hitting a ball.
Lieutenant, would you feel very insulted if I recommended to your supervisor that he assign different counsel?
I don't think you're fit to handle this defense.
You don't even know me. Ordinarily it takes someone hours to discover I'm not fit to handle a defense. [long pause] Oh, come on! That was damn funny.
Is your father proud of you?
Don't do this to yourself.
I'll bet he is, I bet he bores the shit out of neighbors and relatives, Sam's made law review, got a real big case he's making. Arguing, he's making an argument. I think my father would've liked to see me graduate from law school, I think he would've enjoyed that an awful lot.
Did I ever tell you I wrote a paper about your dad in college?
One of the best trial lawyers ever.
And if I were Dawson and Downey and I were given a choice between you or your father to represent me in this case, I'd pick you every day of the week and twice on Sunday. You should've seen yourself thunder away at Kendrick.
Would you put Jessep on the stand?
You think my father would've?
With the evidence we got, not in a million years. But here's the thing, and there's really no way of getting around this. Neither Lionel Kaffee nor Sam Weinberg is lead defense in the matter of the U.S. vs. Dawson and Downey, so there's really only one question. What would you do?