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[to Kaffee]
[pauses]
Col. Jessup: 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, Lt. Weinberg? I have a greater responsibility than you could
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!
Lt. Weinberg: [sarcastically to Joanne with Danny present, in an empty courtroom after the trial has
been adjourned for the day] "I strenuously object?" Is that how it works? Hm? "Objection."
"Overruled." "Oh, no, no, no. No, I STRENUOUSLY object." "Oh. Well, if you strenuously object then I
should take some time to reconsider."
Col. Jessup: [after Danny casually and dispectfully requests Santigo's transfer order during lunch in
Cuba] You see Danny, I can deal with the bullets, and the bombs, and the blood. I don't want money,
and I don't want medals. What I do want is for you to stand there in that faggoty white uniform and
with your Harvard mouth extend me some fucking courtesy. You gotta ask me nicely.
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Downey: [after the verdict was read] I don't understand... Colonel Jessup said he ordered the Code
Red.
Downey: [nervously] Colonel Jessup said he ordered the Code Red! What did we do wrong?
Dawson: Yeah we did. We were supposed to fight for people who couldn't fight for themselves. We
were supposed to fight for Willy.
Lt. Weinberg: [refering to Dawson and Downey after court has adjourned for the day] Why do you
like them so much?
Galloway: Because they stand on a wall and say, "Nothing's going to hurt you tonight, not on my
watch."
Capt. Ross: Corporal Barnes, I hold here the Marine Outline for Recruit Training. You're familiar with
this book?
Capt. Ross: [hands him the book] Good. Would you turn to the chapter that deals with code reds,
please?
Capt. Ross: Just flip to the page of the book that discusses code reds.
Cpl. Barnes: Well, well, you see, sir code red is a term that we use. I mean, just down at Gitmo. I
don't know if it's actually...
Capt. Ross: Ah, we're in luck then. Standard Operating Procedures, Rifle Security Company,
Guantanamo Bay, Cuba. Now, I assume we'll find the term code red and its definition in that book.
Am I correct?
Capt. Ross: No? Corporal Barnes, I'm a Marine. Is there no book, no manual or pamphlet, no set of
orders or regulations that lets me know that, as a Marine, one of my duties is to perform code reds?
[as Ross walks back to his table Kaffee takes the book out of his hand]
Kaffee: Corporal, would you turn to the page in this book that says where the mess hall is, please?
Cpl. Barnes: Well, Lt. Kaffee, that's not in the book, sir.
Kaffee: You mean to say in all your time at Gitmo, you've never had a meal?
Kaffee: I don't understand. How did you know where the mess hall was if it's not in this book?
Cpl. Barnes: Well, I guess I just followed the crowd at chow time, sir.
Capt. West: [in West's office] Commander Galloway, why don't you get yourself a cup of coffee.
Capt. West: [iritated because she didn't understand his intention] Commander, I'd like you to leave
the room so we can talk about you behind your back.
Col. Jessup: [to Galloway during lunch in Cuba with Kaffee, Weinberg, Kendrick, and Msrkinson
present] I run my unit how I run my unit. You want to investigate me, roll the dice and take your
chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for
one second that you can come down here, flash a badge, and make me nervous.
Kaffee: [sarcastically to Joanne in his apartment] Oh, hah, I'm sorry, I keep forgetting. You were sick
the day they taught law at law school.
Dawson: Sir?
Kaffee: You don't need to wear a patch on your arm to have honor.
Dawson: Ten-hut!
[salutes]
Galloway: [refering to Jessup] You put him on the stand and you get it from him!
Kaffee: [sarcastically, refering to Jessup in his apartment] Oh, we get it from him! Yes! No problem!
We get it from him.
Kaffee: [interrupts with game-show buzzer sound] eeehhhhh! I'm sorry, your time's run out! What do
we have for the losers, judge? Well, for our defendants, it's a life time 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 Globbo School for Women!
Thank you for playing "Should we or should we not follow the advice of the galactically stupid!"
Capt. Ross: [in a bar, after Danny just walked up to Jack's table] Hey, Danny! Great job today. The
redirect on Barnes.
Kaffee: Motel room in North East with six federal marshalls outside his door. Take a sip of your drink.
Kaffee: The transfer order that Markinson signed is a phony. Jessup's statement that the 6am flight
was the first available is a lie. We're checking the tower chief's log.
[to waitress]
[to Ross]
Kaffee: In the mean time I thought we'd put the Apostle John Kendrick on the stand and see if we
can't have a little fun.
Capt. Ross: Alright. I have an obligation to tell you that if you accuse Kendrick or Jessup of any crime
without proper evidence then you're going to be subject to a court martial for professional
misconduct and that is something that's going to be stapled to every job application that you ever fill
out. Markinson's not going to hold up, Danny, he's a crazy man! Now, I'm not telling you this to
intimidate you I'm being your lawyer here.
Kaffee: Oh, thanks, Jack. And I want to tell you that I think the whole fucking bunch of you are
certifiably insane! This code of honor of yours makes me want to beat the shit out of something!
Capt. Ross: Don't you dare lump me in with Jessup and Kendrick just because we wear the same
uniform. I'm your friend and I'm telling you, I don't think your clients belong in jail but I don't get to
make that decision! I represent the government of the United States without passion or prejudice
and my client has a case! There you go. Now I want you to acknowledge that the Judge Advocate has
made you aware of the possible consequences of accusing a Marine officer of a felony without
proper evidence.
Capt. Ross: You got bullied into that courtroom, Danny, by everyone. By Dawson. By Galloway. Shit, I
practically dared you. You got bullied into that courtroom by the memory of a dead lawyer.
Kaffee: [shouting as Jack leaves] You're a lousy fucking softball player, Jack!
Capt. Ross: Your boys are going down, Danny. I can't stop it anymore.
Kaffee: [hands him money before leaving] Well, then you got everything... See you tomorrow, Luther.
Kaffee: [to his teamates in the outfield] Alright, let's go, let's get two.
Kaffee: Nothing to be sorry about, Sherby, you just look the ball into your glove. Shootin' two!
Kaffee: Sherby, you gotta trust me, you keep your eyes open and your chances of catching ball
increase by a factor of 10.
Lieutenant Dave Spradling: [talking through the batting cage fence] Kaffee.
Lieutenant Dave Spradling: We were supposed to meet in your office fifteen minutes ago to talk
about the McDermont case. You're stalling on this thing. We get this done right now, or I mean it,
Kaffee, I'm going to hang your boy from a fuckin' yardarm!
Kaffee: Yardarm? Sherby, does the Navy still hang people from Yardarms?
Kaffee: Dave, Sherby doesn't think the Navy hang people from yardarms anymore.
Lieutenant Dave Spradling: I'm going to charge him with possession and being under the influence
while on duty. You plead guilty, I recommend thirty days in the brig with loss of rank and pay.
Lieutenant Dave Spradling: Yeah, but your client thought it was marijuana.
Kaffee: Dave, I tried to help you out of this, but if you ask for jail time, I'm going to file a motion to
dismiss.
Kaffee: I will get it. And if the MTD is denied, I'll file a motion in limine seeking to obtain an
evidentary ruling in advance, and after that I'm going to file against pretrial confinement, and you're
going to spend the next three months going blind on paperwork because a Signalman Second Class
bought and smoked a dime bag of oregano.
Lt. Weinberg: [in Danny's apartment, refering to their new strategy] Alright, what do you suggest we
do?
Lt. Weinberg: Look at this, last night he's swimming in Jack Daniels and now he can leap tall buildings
in a single bound.
Kaffee: Good. Jessup told Kendrick to order the code red, Kendrick did and our clients followed the
order. The cover-up isn't our case - to win Jessup needs to tell the court members that he ordered
the code red.
Lt. Weinberg: And now you think you can get him to just say it?
Kaffee: I think he wants to say it. I think he's pissed off that he's gotta hide from this. I think he wants
to say that he made a command decision and that's the end of it.
Kaffee: He eats breakfast 300 yards away from 4000 Cubans that are trained to kill him. And
nobody's going to tell him how to run his unit least of all the Harvard mouth in his faggoty white
uniform. I need to shake him, put him on the defensive and lead him right where he's dying to go.
Lt. Weinberg: That's it? That's the plan?
Col. Jessup: [in Jessup's office with Markinson, Kendrick, Weinberg and Galloway present] How the
hell is your dad, Danny?
Kaffee: [jokingly, in his apartment] What a relief. I was afraid I wouldn't be able to use the liar-liar-
pants-on-fire defense.
Lt. Col. Matthew Andrew Markinson: [voice over, as we see Markinson putting on his full class A
dress uniform. It is his suicide note] Dear Mr. and Mrs. Santiago, I was William's executive officer. I
knew your son vaguely, which is to say I knew his name. In a matter of time, the trial of the two men
charged with your son's death will be concluded, and seven men and two women whom you've
never met will try to offer you an explanation as to why William is dead. For my part, I've done as
much as I can to bring the truth to light. And the truth is this: Your son is dead for only one reason. I
wasn't strong enough to stop it. Always, Lieutenant Colonel Matthew Andrew Markinson, United
States Marine Corps.
[puts pistol in his mouth, we hear a gunshot as the scene changes back to the courtroom]
Lt. Weinberg: Cmdr. Galloway, Lt. Kaffee is considered to be the best litigator in our office. He
successfully plea bargained 44 cases in 9 months.
Kaffee: One more and I get a set of steak knives.
Col. Jessup: [Judge dismisses the jury after Jessep's revelation on the stand about the Code Red]
What is this? What's going on? I did my job, I'd do it again!
[stands up defiantly]
Judge Randolph: You're not going anywhere, Colonel. MP's... guard the Colonel!
Capt. Ross: Colonel Jessup, you have the right to remain silent. Any statement you make...
Col. Jessup: I'm being charged with a crime? Is that what this is? I'm being charged with a crime? This
is funny. That's what this is. This is...
Col. Jessup: ... I'm gonna rip the eyes out of your head and piss into your dead skull! You fucked with
the wrong Marine!
Capt. Ross: Colonel Jessup! Do you understand these rights as I have just read them to you?
Col. Jessup: [contemptuously] You fuckin' people... you have no idea how to defend a nation. All you
did was weaken a country today, Kaffee. That's all you did. You put people's lives in danger. Sweet
dreams, son.
Kaffee: Don't call me son. I'm a lawyer, and an officer in the United States Navy, and you're under
arrest you son of a bitch.
[glares at Jessup]
Kaffee: [to the court after asking what Jessup packed for a one day trip to Washington D,C] Is the
colonel's underwear a matter of national security?
Kaffee: [sarcastically to Joanne with Sam present in his apartment] Maybe, if we work at it, we can
get Dawson charged with the Kennedy assassination.
Kaffee: Lieutenant Kendrick, in your opinion was Private Santiago a good Marine?
Lt. Kendrick: [looking through the reports he signed] Yes, Private Santiago was below average. I did
not see the need to trample on a man's grave.
Kaffee: Well, we appreciate that, but you are under oath now, and I think as unpleasant as it may be,
we'd all just as soon hear the truth.
Kaffee: Lieutenant, these are the last three Pro-Con reports you signed for Lance Corporal Dawson.
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 I'd like to discuss for a moment.
Kaffee: Lance Corporal Dawson's ranking after the school of infantry was perfect. Records indicate
that more than 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 report?
Kaffee: Do you recall why Dawson was given such a poor grade on this last report?
Lt. Kendrick: I'm sure I don't. I have many men in my charge, Lieutenant. I write many reports.
Kaffee: Lieutenant, do you recall an incident involving a PFC Curtis Bell who had been found stealing
liquor from the Officer's Club?
Lt. Kendrick: I have two books at my bedside, Lieutenant: the Marine Corps Code of Conduct and the
King James Bible. The only proper authorities I am aware of are my commanding officer, Colonel
Nathan R. Jessup, and the Lord, our God.
Kaffee: At your request, Lieutenant, I can have the record reflect your lack of acknowledgment of this
court as a proper authority.
Lt. Kendrick: I remember thinking very highly of Private Bell, of not wanted to see his record
tarnished by a formal charge.
Kaffee: [Kaffee has just asked why Santiago hadn't packed despite being due to be transferred in a
few hours after the time of his death. Jessup smirks] Is this funny, sir?
Col. Jessup: Absolutely. My answer is I don't have the first damn clue. Maybe he was an early riser
and liked to pack in the morning. And maybe he didn't have any friends. I'm an educated man, but
I'm afraid I can't speak intelligently about the travel habits of William Santiago. What I do know is
that he was set to leave the base at 0600. Now, are these the questions I was really called here to
answer? Phone calls and foot lockers? Please tell me that you have something more, Lieutenant.
These two Marines are on trial for their lives. Please tell me their lawyer hasn't pinned their hopes to
a phone bill.
Col. Jessup: Do you have any more questions for me, Counselor?
[pause]
Judge Randolph: Lieutenant, do you have anything further for this witness?
Col. Jessup: I would appreciate it if you would address me as "Colonel" or "Sir." I believe I've earned
it.
Judge Randolph: Defense counsel will address the witness as "Colonel" or "Sir."
Col. Jessup: I don't know what the hell kind of unit you're running here.
Col. Jessup: And the witness will address this court as "Judge" or "Your Honor." I'm quite certain I've
earned it. Take your seat, Colonel.
Kaffee: Lt. Kendrick, was Lance Corporal Dawson given a below average rating on this last report
because you learned he had been sneaking food to Private Bell?
Kaffee: A crime? What crime did he commit? Lieutenant Kendrick, Dawson brought a hungry guy
some food. What crime did he commit?
Kaffee: 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?
Kaffee: Yeah, but it wasn't a real order, was it? After all, it's peace time. 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? Lieutenant Kendrick, can he? Can Dawson determine on his own which
orders he's going to follow?
Kaffee: Lieutenant Kendrick, one final question. If you had ordered Dawson to give Santiago a code
red...
Capt. Ross: Lieutenant Kendrick, did you order Lance Corporal Dawson and Private Downey to give
Willie Santiago a code red?
Galloway: Listen, I came to make peace. We got off on the wrong foot. What do you say? Friends?
Galloway: By the way, I brought Downey some comic books he was asking for. The kid, Kaffee, I
swear, he doesn't know where he is. He doesn't even know why he's been arrested.
Kaffee: Commander?
Kaffee: Joanne?
Galloway: Or Joe.
Kaffee: Joe?
Galloway: Yes?
Kaffee: If you speak to a client of mine again without my permission, I'll have you disbarred. Friends?
Galloway: Downey's closest living relative, Ginny Miller, his aunt on his mother's side.
Galloway: I gave her a call like you asked. Very nice woman we spoke for about an hour.
Kaffee: [before getting into his car] You got authorization from Aunt Ginny.
Kaffee: Does Aunt Ginny have a barn? We can hold the trial there. I can sew the costumes. Maybe his
Uncle Goober can be the judge.
Kaffee: [before driving off] And the hits just keep on coming.
Kaffee: [mildly intoxicated in his apartment] Anyway, since we seem to be out of witnesses, I thought
I'd drink a little.
Col. Jessup: [during lunch in Cuba with Markinson, Kaffee, Galloway, Weinberg, Kendrick present]
Take caution in your tone, Commander. I'm a fair guy, but this fucking heat is making me absolutely
crazy.
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Dawson: [to Danny in the interrogation room with Joanne and Downey present] 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 we're not
Marines. If a court decides that what we did was wrong, then I'll accept whatever punishment they
give. But I believe I was right sir, I believe I did my job, and I will not dishonor myself, my unit, or the
Corps so I can go home in six months... Sir.
Kaffee: [after court has adjourned for the day with Sam and Joanne present] Why does a Lieutenant
Junior Grade with nine months' experience and a track record for plea bargaining get assigned to a
murder case? Would it be so it never sees the inside of a courtroom?
Lt. Kendrick: [after asked by Galloway if he thinks Santiago deserved to die] Private Santiago is dead,
and that is a tragedy. But he is dead because he had no code. He is dead because he had no honor,
and God was watching.
Col. Jessup: Have you ever spent time in an infantry unit, son?
Col. Jessup: Ever put your life in another man's hands, ask him to put his life in yours?
Col. Jessup: We follow orders, son. We follow orders or people die. It's that simple. Are we clear?
Kaffee: Crystal.
Galloway: [after sensing his contempt for Dawson and Downey after court has adjourned for the day]
Why do you hate them so much?
Lt. Weinberg: They beat up on a weakling; that's all they did. The rest is just smokefilled coffee-house
crap. They tortured and tormented a weaker kid. They didn't like him. So, they killed him. And why?
Because he couldn't run very fast.
Galloway: [showing up at his apartment unannounced] I'm sorry to bother you, I should have called
first.
Kaffee: No, no, I was just watching a ball game. Come on in.
Galloway: I was wondering if... how'd you would feel about my taking you to dinner tonight.
Galloway: No...
Galloway: I wasn't.
Kaffee: I've been asked out on dates before, and that's what it sounded like.
Kaffee: [in Santiago's room] Lt. Kendrick... can I call you John?
Lt. Kendrick: No, I like all you Navy boys. Every time we've gotta go someplace to fight, you fellas
always give us a ride.
Kaffee: [after going over their case for the night in his apartment] And don't wear that perfume in
court, it wrecks my concentration.
Galloway: Really.
Lt. Weinberg: [while walking his daughter] You've heard her. The girl sat here, pointed and said, "Pa."
She did. She said, "Pa."
Lt. Weinberg: That's right. She was pointing as if to say, "Pa, look, a mailbox."
Kaffee: [in an empty hallway after work hours] You and Dawson, you both live in the same
dreamworld. It doesn't matter what I believe. It only matters what I can prove! So please, don't tell
me what I know, or don't know; I know the LAW.
Galloway: [in an empty hallway after work hours] You know nothing about the law. You're a used-car
salesman, Daniel. You're an ambulance chaser with a rank. You're nothing. Live with that.
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Col. Jessep: [sarcastically to Danny after he asked him what he packed and who he called before his
trip to Washington D.C] What do you wanna discuss now? My favorite color?
Kaffee: [first meeting each other before the trial starts] You're Aunt Ginny?
Kaffee: [in a seafood restaurant] Why are you always giving me your resume?
Galloway: [pauses] Because I want you to think that I'm a good lawyer.
Kaffee: [nods] I do
Galloway: no you don't, I think you're an exceptional lawyer, I see the court members and they
respond to to you.
Kaffee: [seeing Markinson in the back seat of his car] Jesus Christ!
Lt. Col. Matthew Andrew Markinson: You left the door unlocked.
Lt. Col. Matthew Andrew Markinson: Yes. I'm also aware that the lives of two Marines are in your
hands. If there were something I could do about that, I would. But since I can't, all I can do is help
you, Lieutenant.
Lt. Col. Matthew Andrew Markinson: He was never going to be transferred off that base.
Lt. Col. Matthew Andrew Markinson: Jessep was going to keep him on the base. He said he wanted
him trained.
Kaffee: [turns around in his seat to face him] We've got the transfer order its got your signature.
Lt. Col. Matthew Andrew Markinson: I know. I signed that the morning you arrived in Cuba, five days
after Santiago died.
Kaffee: I'm going to get you a deal some kind of immunity with the prosecutor, and in about four
days, you're going to appear as a witness for the defense and you're going to tell the court exactly
what you just told me. Right now, I'm going to get you into a motel room and we're going to start
from the beginning.
Lt. Col. Matthew Andrew Markinson: I don't want a deal and I don't want immunity. I want you to
know that I am proud neither of what I have done nor what I am doing.
[In the film edited for TV on NBC dubbed in the Modified Version. Judge Randolph dismisses the jury
after Jessup's revelation on the stand about the Code Red]
Col. Jessup: What the hell is this? Colonel, what's going on? I did my job. I'd do it again. I'm gonna
get on a plane and go on back to my base.
Judge Randolph: You're not going anywhere, Colonel. MP's, guard the Colonel.
[MP's take to the post. And Col. Jessup find out what's going on]
Capt. Ross: Colonel Jessup, you have the right to remain silent; Any statement you make may be
used against you in a trial by court-martial or in other judicial or administrative proceedings. You
have the right to consult with a lawyer prior any further questions. This lawyer may be a civilian
lawyer retained by you at your own expense...
Col. Jessup: I'm being charged with a crime? Is that what this is? I'm being charged with a crime? This
is funny. That's what this is...
[Turning to Kaffee and lunging at him. But the MP's restrain Colonel Jessup]
Col. Jessup: ... I'm gonna rip the eyes out of your head and puke into your dead skull, you messed
with the wrong marine!
Capt. Ross: Colonel Jessup, do you understand these rights as I have just read them to you?
[Contemptuously]
Capt. Ross: You friggin' people. You have no idea how to defend the nation. All you did was weaken a
country today, Kaffee. That's all you did. You put people's lives in danger. Sweet dreams, son,
Kaffee: Don't call me son. I'm a lawyer, and an officer in the United States Navy, and you're under
arrest, you son of a bitch.
[Glares at Jessup]
[Colonel Jessup calms down, taking a deep breath to cool off, bend down and grab his hat on the
floor, and MP's taken Colonel Jessup away into custody]
Capt. Ross: The witness has been read his rights, Commander.
Downey: Hal?
Capt. Ross: Did Lance Corporal Dawson tell you to give Santiago a Code Red?
Downey: Hal?
Dawson: Hal?
Downey: Yes, Captain, I was given an order by my squad leader, Lance Corporal Harold W. Dawson,
United States Marine Corps, and I followed it.
Kaffee: [in Barnes' Humvee] Whoa. Hold it. We gotta take a boat?
Kaffee: No, no problem. I'm just not that crazy about boats, that's all.
Galloway: Jesus Christ, Kaffee, you're in the Navy for crying out loud.
Barnes: [in Barnes'humvee] I've got some camouflage jackets in the Jeep, sirs, I suggest you both put
them on.
Barnes: Yes sir, we'll be riding pretty close to the fence line. The Cubans see an officer wearing white,
they think it might be someone they'd wanna take a shot at.
Galloway: [talking through the batting cage fence] I don't think you're fit to handle the defense.
Kaffee: You don't even *know* me. Ordinarily it takes someone *hours* to discover I'm not fit to
handle a defense.
Dawson: [pounds his fist on the table] DO YOU THINK WE WERE RIGHT?
Dawson: You're such a coward, I can't believe they let you wear a uniform.
Kaffee: [in an interogation room] Did you assault Santiago with the intent of killing him?
Dawson: To train him to think of the unit before himself. To respect the code.
Kaffee: The government of the United States wants to charge you two with murder. And you want
me to go to the prosecutor with unit, corps, God, country?
Kaffee: [while packing up their belongings] We'll be back. You guys need anything? Books, papers,
cigarettes, ham sandwich?
Kaffee: Harold, I think there's a concept that you'd better start warming up to.
Dawson: Sir?
Capt. Ross: I'll see you around campus. I gotta go arrest Kendrick.
[to Downey]
Kaffee: [when Galloway insists on investigation instead of an instant uninformed plea-bargain while
in her office] Commander, do you have some sort of jurisdiction here that I should know about?
Galloway: My job is to make sure that you do your job. I'm Special Counsel for Internal Affairs, so
jurisdiction's pretty much in your face.
Col. Jessup: [in Jessup's office after Kendrick was asked to leave] Matthew, sit down, please.
Col. Jessup: I think he's kind of a weasel, myself. But he's an awfully good officer, and in the end we
see eye to eye on the best way to run a Marine Corps unit. We're in the business of saving lives,
Matthew. That's a responsibility we have to take pretty seriously. And I believe that taking a Marine
who's not quite up to the job and shipping him off to another assignment, puts lives in danger.
Col. Jessup: We go back a while. We went to the Academy together, we were commissioned
together, we did our tours in Vietnam together. But I've been promoted up through the chain of
command with greater speed and success than you have. Now if that's a source of tension or
embarrassment for you, well, I don't give a shit. We're in the business of saving lives, Lieutenant
Colonel Markinson. Don't ever question my orders in front of another officer.
Capt. Ross: [confirming Danny's bluff to Jessup after court has adjourned for the day] Airmen Cecil
O'Malley and Anthony Rodriguez, what exactly were these guys going to testify to?
Kaffee: Unless I'm mistaken, they were both going to testify under oath that they had absolutely no
recollection of anything.
Kaffee: [in an empty courtroom after the trial has been adjourned for the day] We'll work out of my
apartment 7 o'clock, Joe before you come over tonight pick up a carton of legal pads half a dozen
boxes red and black pens half a dozen boxes, Sam get a couple desk lamps, I need you to start on
preliminary medical profile, and Joe we need all the proficiency and conduct reports on Dawson,
Downey and Santiago.
Kaffee: [feeling guilty after having lost his temper] Is your father proud of you?
Kaffee: I'll bet he is, I'll bet he bores the shit out of the neighbors and relatives, "Sam's made Law
Review, his working on a big case right now, his arguing, his making an argument
Lt. Weinberg: I ever tell you I wrote a paper about your father in college?
Kaffee: Yeah
Lt. Weinberg: No
Lt. Weinberg: With the evidence we got, not in a million years, see here's the thing and there's no
way of getting around this, neither Lionel Kaffee nor Sam Weinberg in lead counsel for the defense
on the matter of the U.S. versus Dawson and Downey would you put Colonel Nathan Jessup on the
stand, so there's only one question, " what would you do?"
Kaffee: [Defense opening statement] 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 isn't true. When Dawson and Downey
entered 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 was what they were
ordered to do. Let me say that again, *it was what they were ordered to do*. Out in the real world, it
means nothing, and in the Washington navy yard it doesn't mean a whole lot more, but if you're a
marine assigned rifle company Windward Guantnamo Bay Cuba, if you're given an order you follow
it or you pack your bags. Make no mistake about it, Harold W. Dawson and Private Louden Downey
are sitting before you today because they did their job.
Col. Jessup: [during lunch in Cuba with Markinson, Kaffee, Galloway, Weinberg, Kendrick present]
There is nothing on this earth sexier, believe me, gentlemen, than a woman you have to salute in the
morning. Promote 'em all, I say, 'cause this is true: if you haven't gotten a blowjob from a superior
officer, well, you're just letting the best in life pass you by.
Kaffee: [just seconds before the trial starts] Last chance. I'll flip you for it.
Kaffee: Clearance code? I don't have a clearance code. Do you have a clearance code?
[to Galloway]
Kaffee: That was impressive. Did you get what I said about the flight?
Galloway: Yes. Sam, when a flight takes off there's got to be some kind of record kept, right?
Lt. Weinberg: Yeah, you need the tower chief's log from Gitmo.
Kaffee: Joe, let's not go crazy about this. We don't know who Markinson is we don't know what the
log book's going to say. You just concentrate on Downey. I'm going to talk to Ross and tell him where
we are.
Kaffee: [getting Jack's attention while his playing basketball] Jack? Jack! They were given an order.
Capt. Ross: [to his friends] I'll be right back. I'll be right back.
Capt. Ross: [walking away from the basketball court] I didn't. Who's this?
Kaffee: She's Joe Galloway. She's Downey's attorney. She's very pleased to meet you.
Capt. Ross: [talking privately] What exactly are you accusing me of, Commander?
Kaffee: Jack didn't know about the order because if Jack did and he didn't tell us Jack knows he'd be
violating about 14 articles of the Code of Ethics. As it is, Jack's got enough to worry about because,
God forbid, our clients should decide to plead not guilty and testify for the record that they were
given an order.
Capt. Ross: Kendrick specifically told those men not to touch Santiago.
Kaffee: That's right and then he went into Dawson and Downey's room and specifically ordered them
to give Santiago a code red.
Capt. Ross: And I have 23 Marines who aren't accused of murder and a Lieutenant with 4 letters of
commendation.
Capt. Ross: You can try but you won't find him. You know what Markinson did for the first 17 of his
26 years in the Corps? Counter intelligence. Markinson's gone, there is no Markinson. Look, Danny,
Jessup's star is on the rise. Division will give me a lot of room on this one to spare Jessup and the
Corps any embarrassment.
Capt. Ross: I'll knock it all down to involuntary manslaughter, two years they'll be home in six
months.
Capt. Ross: Because you'll lose and Danny knows it. And Danny also knows that if it does go to court
then that means I'm going to have to go all the way. His clients are going to get charged with the
whole truckload. Murder. Conspiracy. Conduct Unbecoming. And even though he's got me by the
balls out here Danny knows that in a court room he loses this case. You see, Danny's an awfully
talented lawyer and he's not about to let his clients go to jail for life when he knows that they could
be home in six months. That's the end of this negotiation. I'll see you tomorrow morning at the
arraignment.
Kaffee: Private, I want you to tell us one last time. Why did you go to Private Santiago's room on the
night of September 6th?
Downey: A code red was ordered by my platoon commander, Lieutenant Jonathan James Kendrick.
Capt. Ross: Private, the week of 2 September... the switch log has you down at Post 39 until 1600. Is
that correct?
Downey: I'm sure it is, sir. They keep that log pretty good.
Downey: Yes, sir. That day, sir. Friday. The pick up private - Tthat's like what we call the guy who
drops us off at our post and picks us up... also 'cause he can get girls in New York City. The pickup
private got a flat, sir, right at 39. He pulled up and, bam, blowout with no spare. So we had to double-
time it back to the barracks.
Capt. Ross: And if it's about ten or fifteen minutes by Jeep, I'm guessing... it must be a good hour by
foot, am I right?
Capt. Ross: Not bad. Now, you've said that your assault on Private Santiago was the result of an order
that Lieutenant Kendrick gave you in your barracks room at... 1620, am I right?
Capt. Ross: But you just said that you didn't make it back to the Windward barracks until 1645.
Capt. Ross: Well, if you didn't make it back to the barracks room until 1645, how could you be in your
room at 1620?
Downey: [nervously] Well, you see, sir, there was a blow out.
Capt. Ross: Private, did you ever actually hear Lieutenant Kendrick order a code red?
Capt. Ross: Private, did you ever actually hear Lieutenant Kendrick order a code red?
Galloway: [stands up from the defense table] Please the court, I'd like to request a recess in order to
confer with my client.
Judge Randolph: [Judge Randolph reading the verdict] Lance Corporal Dawson, Private First Class
Downey.
Judge Randolph: On the charge of murder, the members find the accused not guilty. On the charge
of conspiracy to commit murder, the members find the accused not guilty. On the charge of conduct
unbecoming a United States Marine, the members find the accused guilty as charged. The accused
are hereby sentenced to time already served, and you are ordered to be dishonorably discharged
from the Marine Corps. This court martial is adjourned.
[the courtroom clears; Downey is baffled and afraid, and speaks to Dawson]
Kaffee: [to Joanne after she makes a reference to his father's expectations] Oh, spare me the
psychobabble father bullshit.
Kaffee: Jack Ross came to see me today. He offered me the twelve years.
Kaffee: Yeah, and I'll take it. I guess, you know, I'll take it.
Kaffee: You don't believe their story, do you? You think they ought to go to jail for the rest of their
lives.
Lt. Weinberg: I believe every word of their story and I think they ought to go to jail for the rest of
their lives.
Lt. Weinberg: Don't forget to wear the whites. Very hot down there.
Lt. Weinberg: Nobody likes the whites, but we're going to Cuba. You got Dramamine?
Lt. Weinberg: No, Dramamine keeps you from throwing up. You get sick when you fly.
Kaffee: I get sick when I fly because I'm afraid of crashing into a large mountain. I don't think
Dramamine'll help.
Lt. Weinberg: I got some oregano I hear that works pretty good.
Kaffee: You know, Ross said the strangest thing to me right before I left. He said that the platoon
commander, Lieutenant Jonathan Kendrick, had a meeting with the men and specifically told them
not to touch Santiago.
Kaffee: I never mentioned Kendrick. I don't even know who he is. Nah, what the hell. I'll see you
tomorrow.
Kaffee: [ariving in the conference room after the meeting has already started] Excuse me, sorry I'm
late.
Capt. Whitaker: That's alright, Danny, I know you don't have a good excuse, so I won't force you to
come up with a bad one.
Capt. Whitaker: The first one's for you. Seems you're moving up in the world, you've been requested
by Division.
Capt. Whitaker: Guantanamo Bay, Cuba. A Marine corporal named Dawson illegally fires a round of
his weapon over the fence line and into Cuban territory.
Lt. Weinberg: A big wall separating the good guys from the bad guys.
Capt. Whitaker: PFC William Santiago threatens to rat on Dawson to the Naval Investigative Service.
Dawson, and another member of his squad PFC Louden Downey, go into Santiago's barracks room,
tie him up, stuff a rag down his throat. An hour later Santiago's dead. The attending physician says
the rag was treated with some kind of toxin.
Capt. Whitaker: Not much. They're being flown up here tomorrow. Then Wednesday at 0600 you're
catching a transport down to Cuba for the day to find out what you can. In the meantime, go see
Lieutenant Commander Joanne Galloway of internal affairs. Any questions?
Kaffee: That flight to Cuba, was that 0600 in the morning? Sir?
Capt. Whitaker: It seems important to Division that this one be handled by the book so I'm assigning
co-counsel. Any volunteers?
Lt. Weinberg: Sir, I've got a stack of papers on my desk about a mile high.
Lt. Weinberg: Doing what? Kaffee will have this done in about four days.
Col. Jessup: [to Lt. Kendrick] John, you're in charge. Santiago doesn't make 4646 on his next
Proficiency and Conduct Report, and I'm going to blame you. And then, I'm going to kill you.
Col. Jessup: [punchline for a joke to Kaffee, Markin, Kendrick, Galloway and Weinberg] Walk softly
and carry an armored tank division, I always say.
Capt. Ross: Your honor, it's become obvious that Lt. Kaffee's intention this afternoon are to smear a
high ranking Marine officer in the desperate hope that the mere appearance of impropriety will win
him points with the court members. Now, it is my recommendation, sir, that Lt. Kaffee be
reprimanded for his conduct and that this witness be excused with the court's deepest apologies.
Galloway: [in her office] Lieutenant, how long have you been in the Navy?
Galloway: And how long have you been out of law school?
Galloway: I see.
Galloway: No, it's just that when I petitioned division to have counsel assigned, I was hoping that I'd
be taken seriously.
Kaffee: [in the interrogation room] cutie-pie shit will not win you a place in my heart, Corporal, I get
paid no matter how much time you spend in jail.
Col. Jessup: [in Jessup's office] Hmmmm... transfer Santiago. Yes, I'm sure you're right. I'm sure that's
the thing to do. Wait, I've got a better idea. Let's transfer the whole squad off the base. Let's... On
second thought, Windward! Let's transfer the whole Windward Division off the base. John, go on out
there and get those boys down off the fence, they're packing their bags. Tom!
Col. Jessup: Get me the President on the phone. We're surrendering our position in Cuba!
Col. Jessup: Wait a minute, Tom, don't get the President just yet. Maybe we should consider this for
a second. Dismissed, Tom. Maybe, and I'm just spit balling here, maybe, we have a responsibility as
officers to traing Santiago. Maybe we as officers have a responsibility to this country to see to that
the men and women charged with its security are trained professionals. Yes, I'm certain that I read
that somewhere once. And now I'm thinking,Col. Markinson, that your suggestion of transferring
Santiago, while expeditious and certainly painless, might not be, in a matter of speaking, the
American way. Santiago stays where he is. We're gonna train the lad!
Galloway: [crisply, after Kaffee's risen prematurely to leave her office] You're dismissed.
Kaffee: [sarcastically, dismissely to Galloway] Oh, now I see what you're saying. It had to be Professor
Plum in the library with the candlestick.
Kaffee: Colonel, Lt. Kendrick ordered the Code Red because *that's* what you told Lt. Kendrick to do!
Kaffee: And when it went bad, you cut these guys *loose!*
Kaffee: Lieutenant, did you order Dawson and two other men to make sure that Private Bell receive
no food or drink except water for a period of seven days?
Lt. Kendrick: That is a distortion of the truth, Lieutenant. Private Bell was placed on barracks
restriction. He was given water and vitamin supplements, and I can assure you that at no time was
his health in danger.
Kaffee: [sarcastic] I'm sure it was lovely for Private Bell. But you did order the barracks restriction,
didn't you? You did order the denial of food.
Kaffee: If I called the other 478 Marines from Guantanamo Bay to testify, would they consider it a
code red?
Capt. Ross: If it please the court, the witness can't possibly testify as to what 478 other men would
say. Now, we object to this entire line of questioning as argumentative and irrelevant badgering of
the witness.
Judge Randolph: The government's objection is sustained, Lieutenant Kaffee, and I would remind you
that you are now questioning a Marine officer with an impeccable service record.
Kaffee: [while looking through his refrigerator] Were you able to speak to your friend at the NIS?
Lt. Weinberg: Yeah, she said that if Markinson doesn't want to be found, we're not gonna find him.
She said I could be Markinson and you wouldn't know it.
Lt. Weinberg: I'm just wondering, now that Joanne's in on this, you know, I was just wondering if you
still needed me.
Kaffee: You think Dawson and Downey knew it was an illegal order?
Lt. Weinberg: It doesn't matter what they knew. Any decent human being would have refused.
Lt. Weinberg: Then what's the secret? Huh, what are the magic words? I give orders every day
nobody follows them.
Kaffee: Sam, we have softball games and marching bands. They work at a place where you have to
wear camouflage or they might get shot! I need you. You're better at research than I am and you
know how to prepare a witness.
Galloway: [Galloway arrives] I have medical reports and Chinese food. I say we eat first.
Kaffee: [pointing to their chalkboard with his baseball bat] Alright, here's our defense. Intent, no one
can prove there was poison on the rag. Code reds, they're common and accepted in Guantanimo Bay.
The order, A, Kendrick gave it, B they had no choice but to follow it. That's it.
Galloway: Just because a person's got a motive doesn't mean they're guilty.
Kaffee: Relax, we'll deal with the fence line shooting when it comes up. For now, let's start with
intent. I don't know what made Santiago die, I don't want to know. I just want to show that it could
have been something other than poison. Joe, talk to doctors find out everything there is to know
about lactic acidosis. Sam, find out who else was in the emergency room that night...
Galloway: [in her office] Lieutenant, this letter makes it look like your client had a motive to kill
Santiago.
Kaffee: [settling a fight between Sam and Joanne after court has adjourned for the day] Alright take
the night off, we've been working twenty hours a day for three and half weeks straight just take the
night off, Sam go see your wife and your daughter, Joe go whatever it is you do when you're not in
court
Capt. Ross: Let's hope for Dawson and Downey's sake that you practice law better than you play
softball.
Kaffee: Unfortunately for Dawson and Downey, I don't do anything better than I play softball. I'm out
of here, Janelle!
Janelle: Bye!
Capt. Ross: They plead guilty, we drop the conspiracy and the conduct unbecoming. Twenty years,
they're home in half that time.
Capt. Ross: Look, I don't care if they called the Avon lady. They killed a Marine.
Kaffee: Rag was tested for poison. The autopsy, the lab reports, all say the same thing, maybe, maybe
not.
Capt. Ross: The Chief of Internal Medicine for the Guantanamo Bay Naval Hospital says he's sure.
Capt. Ross: Look, I'm going to give you the twelve years. Before you get yourself into any trouble
tomorrow, I think you should know that the platoon commander, Lieutenant Jonathan Kendrick, held
a meeting with the men and specifically told them not to touch Santiago.
[first lines]
Pfc. William T. Santiago: P.S. In exchange for my transfer off the base, I am willing to provide you
with information about...
Col. Jessup: [reading Pfc. Santiago's letter to the NIS] information about an illegal fence-line shooting
that took place the night of August 2nd...
[shouts]
Col. Jessup: [while in his office, to Kendrick and Markinson] Who the fuck is Pfc. William T. Santiago?
Kaffee: [to Jo and sam as they prepare for their first meeting] The only thing I have to eat is Yoohoo
and Cocoa Puffs, so if you want anything else bring it with you. Okay?
Kaffee: Colonel, the 6 a.m. was first flight off the base?
Kaffee: There wasn't a flight that left seven hours earlier and landed at Andrews Air Force Base at 2
a.m.?
Kaffee: [hands him the log books] Your Honor, these are the tower chief's logs for both Guantanamo
Bay and Andrews Air Force Base. The Guantanamo log lists no flight leaving at 11 pm and the
Andrews log lists no flight arriving at 2 am. I'd like to submit these as defense exhibits Alpha and
Bravo.
Judge Randolph: I don't understand. You're submitting evidence of a flight that never existed.
Kaffee: I know what you're going to say - You don't have to. We've had our differences. I said some
things I didn't mean; you said some things you didn't mean, but you're happy I stuck with the case.
And if you've gained a certain respect for me over the last three weeks... well, of course, I'm happy
about that. But we don't have to make a whole big deal outta that - you like me? I won't make you
say it.
Galloway: I was just going to tell you to wear matching socks tomorrow.
Kaffee: Commander, from what I understand, if this thing goes to court, they won't need a lawyer,
they'll need a priest.
Kaffee: [in Sam's office after work hours] I don't believe it, Dawson's is going to jail despite me. Fine,
if he wants to jump off a cliff, I'm not going to hold his hand the way down. I want to get him a new
lawyer and how do I do it?
Lt. Weinberg: Just make a motion tomorrow morning at the arraignment the judge will ask if you
want to enter a plea and you tell him you want new counsel assigned.
Galloway: [as Danny leaves Sam's office] One thing though: When you ask the judge for new counsel,
be sure to ask "nicely"
Galloway: Why are so afraid to be a lawyer? Were daddy's expectations really that high?
Kaffee: Dawson and Downey will have their day in court, they'll just have it with another lawyer
Galloway: Another lawyer won't be good enough, they need you, you know how to win. You know
they have a case and you know how to win. If you walk away from this now, you've sealed their fate.
Galloway: [in West's office] I appreciate you seeing me on such short notice.
Capt. West: I understand we had some trouble over the weekend down in Cuba?
Galloway: [as she hands him their files] Yes sir. This past Friday two marines, a Lance Corporal Harold
Dawson and Private Louden Downey entered the barracks room of a Pfc. William Santiago and
assaulted him. Santiago died approximately an hour later. The NIS agent who took Dawson and
Downey's statements maintained they were trying to prevent Santiago from naming Dawson in a
fence line shooting incident. They're scheduled to have a hearing down in Cuba this afternoon at
sixteen hundred. Dawson and Downey are both "recruiting poster" marines. Santiago was known to
be a screw up. I was thinking it sounded a lot like a code red.
Pfc. William T. Santiago: [Santiago's letter] Dear sir, my name is Pfc. William T. Santiago. I am a
Marine stationed at marine barracks rifle security company Windward, second platoon Bravo. I am
writing to you to inform you of my problems with my unit here in Cuba and to ask you for your help.
I've fallen out of runs before for several reasons, such as feeling dizzy or nauseated but, on May
eighteenth, I fell back about twenty to thirty yards going down a rocky and unstable hill. My sergeant
grabbed me and pushed me down the hill. Then I lost consciousness and last thing I remember was
hitting the deck. I was brought to the hospital where I was told I had heat exhaustion. I ask you to
help me, please sir, I just need to be transferred out of RFC. Sincerely, RFC William T. Santiago U.S
Marine Corps
Col. Jessup: Apparently his not very happy down here because his written letters to everyone but
Santa Clause is asking for a transfer and now his telling tales about a fence line shooting Matthew?
Col. Jessup: [in his office] You're appalled, this kid broke the chain of command and ratted on a
member of his unit. To say nothing of the fact that he is a US marine, that would appear that he can't
run from here to there without collapsing from heat exhaustion. What the fuck is going on in Bravo
Company?
Lt. Col. Matthew Andrew Markinson: I think it's better to hold this discussion in private
Lt. Kendrick: [to Jessup] that won't be necessary I can handle the situation
Lt. Col. Matthew Andrew Markinson: The same way you handled the Curtis Bell incident? Don't
interrupt me lieutenant, I'm still your superior officer
Col. Jessup: [to Markinson] And I am yours, I want to know what we're going to do about this
Lt. Col. Matthew Andrew Markinson: I think Santiago should be transferred off the base
immediately
Col. Jessup: Maybe I'm just spitballing here, maybe we have a responsibility as officers to train
Santiago, maybe we as officers have a responsibility to this county to see that the men and women
charged with its security are trained professionals. I'm certain I've read that somewhere once, and
now I'm thinking your suggestion of "transferring Santiago" while expeditious and painless might not
be in the manner of speaking, the "American way". Santiago stays where he is, we're going to train
the lad
Galloway: [to Danny after memorizing his personnel file ] You're wrong. I do know you. Daniel Alister
Kafffee, born June 8, 1964 at Boston Mercy hospital. Your father is Lionel Kaffee, former Navy Judge
Advocate and Attorney General of the United States, died 1985. You went to Harvard Law school
then you joined the Navy, probably because that's what your father wanted you to do, and now
you're just treading water for three years. You've got to serve in the JAG Corps, just kind of laying low
until you can go out and get a real job. If that's the situation, that's fine. I won't tell anyone.
Kaffee: [Sarcastically to Harold as he enters the interogation room] looks like someone hasn't been
playing and working well with others.
Dawson: A marine falls out of line then it's up to his unit to get him back on track.
Dawson: Sir?
Kaffee: You say "sir" and I turn around to look for my father, People call me "Danny", people called
my father Daniel Kaffee, "garden variety", "basic", what's a basic code red?
Dawson: A marine refuses to obey the orders he's given on a regular basis.
Galloway: [Going over their defense strategy, in his apartment] What about motive?
Galloway: Just because someone has a motive, it doesn't mean their guilty.
Kaffee: Relax, we'll deal with the fence line shooting when it comes up for now we'll start with intent,
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, Joe talk to doctors, find out everything there is on Lactic Acidosis.
Galloway: [while in a seafood restaurant] I think you're an exceptional lawyer I watch the court
members they respond to you they like you I see you convincing them and I think Dawson and
Downey will end up owing their lives to you
Kaffee: I think you should prepare for the fact that we're going to lose. Ross's opening statement was
all true let's pretend for a minute that it actually mattered to the court that these guys were given an
order. I 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 testimonies of two people accused of murder
Capt. Ross: [the prosecution's opening statement] the facts of the case are these: on midnight of
September sixth the accused entered the barracks room of their platoon mate PFC. William Santiago,
they woke him up tied his arms and legs with tape and forced a rag into his throat, a few minutes
later a chemical reaction called Lactic Acidosis caused his lungs to begin bleeding, he drowned in his
own blood and was pronounced dead at thirty seven minutes pass midnight. These are the facts of
the case and they are undisputed. The story I've just told you is the exact same story you're going to
hear from lance corporal Dawson and it's going to be the exact same story you're going to hear from
private Downey, furthermore the government will demonstrate the accused soaked the rag in poison
and entered Santiago's room with the intent to kill, their attorney lieutenant Kaffee is going to pull
off a little "magic act" he's going to try a little misdirection he's going to astonish you with stories and
rituals and dazzle you with official sounding terms like "code red", he might even cut in a few officers
for you. He'll have no evidence mind you none but its going to be entertaining. And when we get the
end, all the "magic" in the world will not have divert your attention to the fact that Willie Santiago is
dead and Dawson and Downey killed him. These are the facts of the case and they are undisputed.
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Kaffee: [to Sam and JoAnne] They drew the court members this afternoon. Seven men, two women,
five Navy, four Marines. All officers with line experience. Neither of the women have children. So
that's a bad break. There 's nothing we can do. My father always said a jury trial is not just about the
law. It's about "assigning blame". Santiago's dead, and he shouldn't be. These nine people are going
to insist that someone be "blamed" for that. Ross is handing them our clients. We're gonna hand
them Kendrick. This is about a sales pitch. It's not going to won by the law, It's gonna be won by the
lawyers. So remember, poker faces. Don't flinch in front of the court members. 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 would happen. If you pass me documents, Do it
swiftly and don't look over anxious.
Kaffee: [to Dawson and Downey in the interrogation room referring to the government's offer of a
plea bargain deal in exchange for a lesser sentence with Joanne present] here's the story: the
government's offering involuntary manslaughter, you'll get two years, home in six months
Kaffee: [after Dawson and Downey remain silent for several minutes, sarcastically] wow Kaffee you're
the greatest lawyer in the world, how can we ever thank you, fellas did you hear what I just said?
You're going home in six months.
Kaffee: do what?
Dawson: we did our job and if that has consequences then I'll accept them, but I won't say that I'm
guilty sir.
Kaffee: Commander, you testified that it takes lactic acidosis twenty to thirty minutes before it
becomes lethal.
Kaffee: 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 dramatically?
[awkward pause]
Dr. Stone: If a person had a coronary disorder or a cerebral disorder, the process would be more
rapid.
Kaffee: 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?
Kaffee: 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?
Kaffee: Fatigue?
Kaffee: [Galloway hands Kaffee a medical report for evidence; Kaffee presents it to Stone] Doctor, is
this your signature?
Kaffee: This is an order for Private Santiago to be put on restricted duty. Would you read your
handwritten remarks at the bottom of the page, please, sir?
Dr. Stone: "Initial testing negative. Patient complains of chest pains, shortness of breath, and fatigue.
Restricted from running distances over five miles for one week."
Kaffee: 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?
Kaffee: [to Dawson in the interrogation after he declined the government's plea bargain deal in
exchange for a lighter sentence] you don't like me very much, do you?
Kaffee: [Dawson after he was silent for a few minutes and gave him a sharp angry look] forget I
asked, it doesn't matter
Kaffee: you know Downey worships you, he's going to do whatever you do, are you really let this
happen to him because of a code?
Lt. Weinberg: [to Dawson in the interrogation room with Danny and Downey present] on the night of
August 2nd, did you fire a shot across the fence line into Cuba?
Lt. Weinberg: [to Danny] for every American century post there's a Cuban counterpart, they're called
"mirrors. "Lance Corporal is claiming his mirror was about to fire at him
Kaffee: Santiago's letter to the NIS said you fired illegally, he's saying that guy, the "mirror," he never
made a move.
Galloway: [referring to her accidentally using the phrase "strenuously object" out of context in court]
I got it on the record
Lt. Weinberg: And you the court members thinking we're afraid of the doctor, you object once so
they can hear us say his not a criminologist, you keep after the way you did suddenly our great cross
looks like a bunch of fancy lawyer tricks, there's a difference between paper law and trial law, Christ,
you even had the judge say Stone was an expert
Lt. Weinberg: I'm going to call my wife, I'll see you tonight.
Kaffee: [in an interrogation room with Sam and Downey present] if Santiago didn't anything on you,
why did you give him a code red?
Kaffee: he what?
Kaffee: he went outside of his unit sir, if he had a problem, he should've spoken to me sir.
Galloway: [to Kaffee as she leaves after his drunken rant] I'm sorry I cost you your steak knives.
Kaffee: [entering his apartment from the back door, drenched from the rain] Downey wasn't even in
his room, wasn't even there, that was an important piece of information we should've known about
don't you think?
Galloway: It was a set back and I'm sorry but we fix it and move on to Markinson.
Kaffee: [sitting on the couch] Markinson's dead, really got ahead of those federal Marshalls, boy it's
not like he hung himself with 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 nickel plated pistol from his
holster and fired a bullet into his mouth.
Galloway: We go to Randolph in the morning and make a motion for a continuance for twenty four
hours.
Kaffee: What?
Kaffee: No.
Kaffee: No, I won't listen and I won't hear you out your passion is compelling it's also useless. Louden
Downey needed a trial lawyer today.
Galloway: You chicken shit, you're going to use what happened today as an excuse to give up.
Galloway: Why did you ask Jessup for the transfer order?
Kaffee: What?
Galloway: In Cuba, why did you ask Jessup for the transfer order?
Galloway: Bullshit, you could've got the transfer order by calling any one of the dozen departments
at the Pentagon you, didn't want the transfer order, you wanted to see his reaction when you asked
for the transfer order, you had an instinct and it was confirmed by Markinson so damn it lets put
Jessup on the stand and end this thing.
Galloway: [in her office, after sensing he prefers his clients to accept a plea bargain instead of going
to trial] Have you ever been in a courtroom?
Lt. Weinberg: [implying to him that he should answer her questions respectfully] Danny...
Galloway: [in the interrogation room, after Dawson criticizes Danny and enraging him causing him to
respond with a profanity] Alright, at ease, let's sort this thing out. There was a platoon meeting on
September sixteen at four in the afternoon, Lieutenant Kendrick said he gave strict instructions that
nothing was to happen to Santiago, no is this true?
Dawson: Ma'am that's correct, then he dismissed the platoon then we all went to our rooms.
Kaffee: When?
Dawson: About five after the meeting broke sir, about 1620.
Kaffee: And what happened then?
Kaffee: [to Dawson in the interrogation room, referring to Joanne, after he refused the government's
plea deal] Did she put you up to this?
Kaffee: [interrupts him] Oh well, zip a dee doo dah you and your code, plea not guilty, you will be in
jail for the rest of your life.
Kaffee: [after Dawson remains silent for a few minutes, pleading with him] I'm telling you you'll be
home in six months, do it, six months, it's nothing, it's a hockey season.
Kaffee: [to the court while Jessup is on the witness stand, eventually reading a list of Santiago's
belongings] After Dawson and Downey's arrest on the night of the sixth, Santiago's barracks room
was sealed off and its contents inventoried: four pairs, camouflaged pants, three long sleeve kaki
shirts, three pairs of boots, four pairs green socks, three OD green t-shirts.
Capt. Ross: Please the court, is there a question anywhere in our future?
Capt. Ross: were you present at a meeting held on the afternoon of September sixth with the
members of the second platoon?
Capt. Ross: would you tell the court the substance of that meeting?
Cpl. Carl Hammaker: Lieutenant Kendrick told us we had a informer in our group, that Private
Santiago had gone outside the chain of command and reported to the NIS a member of our platoon
Capt. Ross: you can tell the truth Corporal, it's alright, did that make you mad?
Cpl. Carl Hammaker: Private Santiago betrayed a code we believe in very deeply sir
Capt. Ross: Corporal, did Lieutenant Kendrick leave a standing order at that meeting?
Cpl. Carl Hammaker: well it was clear that he didn't want us taking matters in our own hands
Kaffee: were you in Dawson and Downey's room five minutes after this meeting?
Kaffee: name some reasons why a Marine would relieve a code red?
Cpl. Barnes: [while on the witness stand] being late for platoon or company meetings, keeping his
barracks in disorder, falling back on a run.
Cpl. Barnes: yes sir, we were doing seven man assault drills and my weapon slipped. It was just so it
was over a hundred degrees and my palms were sweaty and I forgot to use the resin like we were
taught
Cpl. Barnes: that night the guys in my squad threw a blanket over me, took turns punching me in the
arm for five minutes, then they poured glue in my hands and it worked too because I ain't dropped
my weapon since
Kaffee: did "ever" prior to the night of September sixth ever receive a code red?
Kaffee: you got a code red because your palms are sweaty
Kaffee: why didn't Santiago, this burden to his unit, ever get one?
Cpl. Barnes: the guys talked tough about Santiago but they wouldn't go near him, they were too
afraid of Dawson sir
Kaffee: I'll rephrase, Jeffery did you ever want to give Santiago a code red?
Barnes: [when asked on the witness stand why he didn't give Private Santiago a code red] because
Dawson would kick my butt sir
Kaffee: [to Dawson after waving his hand in front of Downey's face and not responding in an
interrogation with Sam present] does he ever talk?
Dawson: sir PFC Downey will answer direct questions you ask him
Kaffee: swell, private Downey, the rag you stuffed in Santiago's mouth, was there poison on it?
Downey: no sir
Downey: we saw blood dripping down his mouth, and we pulled the tape off, and there was blood
down his face sir. That's when Lance Corporal Dawson called the ambulance
Kaffee: [to Dawson] did anyone see you call the ambulance?
Dawson: no sir
Capt. Ross: [while cross examining Dr. Stone in court] Dr. Stone you've held the license to practice
medicine for seventeen years, your board certified in internal medicine, you are Chief of Internal
Medicine at a hospital which serves five thousand, four hundred and twenty six people. In your
professional medical opinion, was Willie Santiago poisoned?
Lt. Weinberg: [before Danny grabs the log book and looks in it] I got the tower chief's log from that
night, Jessup's telling the truth. 6am flight was the first one out
Kaffee: [angrily to Markinson as he enters his motel room, before slamming the log book onto the
table] there was no flight out at eleven o'clock, what the fuck are you trying to pull?
Lt. Col. Matthew Andrew Markinson: [as he sits down to look inside the log book] first flight
stateside left Guantanamo Bay at twenty three hundred, it arrived at Andrews Air Force base in
Maryland a few minutes past two
Kaffee: maybe he can make it that one didn't take off but I can sure as hell prove one landed. I'm
going to get the log book from Andrews
Lt. Col. Matthew Andrew Markinson: you're not going to find anything in the Andrews log book
either
Lt. Col. Matthew Andrew Markinson: Nathan Jessup was about to be appointed Director of
Operations for the National Security Council. You don't get to that position without knowing how to
"sidestep a few landmines"
Kaffee: his not going to be able to "sidestep" you
Lt. Col. Matthew Andrew Markinson: you don't still intend to put me on the stand?
Kaffee: [pointing the log book at Markinson, before leaving his motel room] Thursday morning ten
o'clock
Galloway: [while in Danny's apartment] There's got to someone who can testify to the flight: a
ground crew member, someone?
Lt. Weinberg: this isn't the TWA. There wasn't a regular flight schedule, do you have any idea how
many planes take off and land every day? A kid from the ground crew isn't going to remember if a
flight that landed four weeks ago...
Galloway: [interrupts him] well, how do you know though? if you don't check...
Kaffee: [to Sam and Joanne] forget the flight. We'll put Markinson on the stand and we'll deal with
Jessup's refusal to transfer Santiago and he'll testify to the forged transfer order and that'll be
enough: that and Downey's testimony really ought to be enough
Lieutenant Dave Spradling: [realizing Danny's terms of a plea bargain is more logical because it
decreases both of their workloads ] I don't know why I'm agreeing to this
Col. Jessup: [to Danny as he, Sam, and Jo enters Jessup's office for the for the first time] Nathan
Jessup, come on in
Kaffee: [as they shake hands, introduces Sam, and Jo] thank you sir, I'm Daniel Kaffee. I'm the
attorney for Dawson and Downey.
Col. Jessup: [as they shake hands] pleasure meeting you Commander.
Galloway: Colonel
Kaffee: [to Jessup, gestures to Sam] Lieutenant Sam Weinberg, he'll be assisting
Col. Jessup: [gestures to Markinson and Kendrick] this is my XO Colonel Markinson and platoon
leader Lieutenant Kendrick, I've asked them to join us, sit down, please
Lt. Col. Matthew Andrew Markinson: [as they shake hands] Lieutenant Kaffee
Col. Jessup: [to Kendrick] well what'd you know? This man's dad once made a lot of enemies in your
neck of the woods. Jefferson versus Madison County School District. Folks down there said a little
black girl couldn't go to an all white school. Lionel Kaffee said "well, we'll just see about that."
Col. Jessup: [in his office, meeting for the first time] what could we do for you Danny?
Kaffee: [while looking in his briefcase] not much sir, this is really more of a formality than anything
else. The JAG Corps insists we interview all the relevant witnesses
Galloway: [hands Danny a pen] The JAG Corps can be demanding that way
Col. Jessup: [motions to Kendrick] John will take you out to show you what you want to see. After
that we can all hook up for lunch, how does that sound?
Kaffee: [to Kendrick] I understand you had a meeting with your men that afternoon.
Lt. Kendrick: [while driving Danny, Sam and Joanne to Santiago's living quarters] yes, I did
Lt. Kendrick: I told the men that we had an informer among us and despite any desire they might had
to seek retribution, Private Santiago wasn't to be harmed in any way.
Lt. Weinberg: [to Danny before showing him four fingers] it's four o'clock
Capt. Ross: [to the Judge] Docket number 411275 VR-5. The United States versus Harold W. Dawson
and Private First Class Louden Downey. The accused are charged with murder, conspiracy to commit
murder and conduct of a United States Marine
Judge Randolph: enter a plea of not guilty for the accused, we will adjourn until ten hundred, three
weeks from today, at which this general court martial will reconvene
Galloway: [talking privately before Jessup takes the stand] How you feeling?
Kaffee: I feel Jessup is going to have his hands full today
Galloway: Listen, when you're up there today if you feel like it's not going to happen if you feel like
his not going to say it don't go for it you could get in trouble I'm special counsel for internal affairs
and I'm telling you, you can get in a lot of trouble
Kaffee: You're not suggesting I back off from the material witness?