The Code (2019) s01e01 Episode Script
Blowed Up
1 JASON: Maggie.
Maggie, Maggie, Maggie.
Who's the best? - [MAGGIE COOS.]
- No, that was it.
She just said it.
She just said it.
No, you're right.
To the biased observer, one of those random syllables might have been "dad.
" No, no, it was not random.
She said it.
Maggie, say "dad" again.
Say "dada.
" Da Dada, dada.
[ALARM BLARING.]
I'm gonna miss this.
Don't pretend you're anything but a lifer.
You love the Corps.
I'm just not sure how much longer it's gonna love me back.
I'll, uh, I'll send you an e-mail, okay? I got to go.
Love you.
[ALARM CONTINUES.]
- You think he's drunk, sir? - I think if he tries to get over the wire, he's either gonna get court-martialed or shot.
Do any of these Humvees work? [ENGINE STARTS.]
Hold fire, Tower.
He's one of mine.
Hey! Morehead, stop! Get off the wire.
What's wrong with you? What are you doing? [GRUNTS.]
[PANTING.]
There must be some kind of way out of here MAN: Get some men to the fence line.
The major went down.
Said the joker to the thief The major is down [CONTINUES INDISTINCTLY.]
There's too much confusion Mmm, I can't get no relief Yeah, I see jokers on my left, thieves upon my right You'd find me in the middle if I picked a different life Before my name started tripling in size [SHOUTING.]
All attributed to mine ABE: So, who you got? No one.
I got no one, Abe.
I'm gonna focus on my 40-year-old hamstrings, if it's all the same to you.
It's not all the same.
Due respect to you as my senior officer, it's not even close to all the same.
We have a tradition.
We size up all the new candidates, and we bet on who's gonna finish first.
You have a tradition.
I got a guy I run with who won't shut up.
Come on, Trey, who you got? Worked from the earth up Well, I agree he'd look good on a recruiting poster.
The ideal Marine.
Too bad we're lawyers.
We don't pursue ideals, we pursue outcomes.
Outcomes.
Mm-hmm.
Birth control glasses.
- [LAUGHS.]
- If that guy wasn't on the cross-country team, I'll eat my hat.
You're not wearing a hat.
- I own a hat.
- ALEX: Abe! They operated on him for hours, but he died on the table.
I thought Jason stopped going out on patrol.
It didn't happen in combat.
Jason was stabbed by one of his own men.
What? It was an enlisted guy.
Ian Morehead.
I came to ask you to handle the case, Abe.
I want you to put this guy away.
RAMI: It's 0913, Captain Abraham, we are hard at work enforcing the Uniform Code of Military Justice.
I'm aware of both the time and our mandate, Mr.
Ahmadi.
Then you're also aware that the staff meeting is in progress.
You should say you got pulled over for running a stop sign.
- Don't worry about it.
- Sir, it's been more than five months since you pretended to get a moving violation.
It's the freshest excuse by far.
I guess you could go with a burst pipe in your apartment.
Pay attention, Rami.
I have a legitimate excuse today.
The clothes.
It's got something to do with the clothes.
The Article 32 hearing is next week, but Kearney's on defense, so it'll probably plea out.
Can we discuss the murder at Task Force Southwest? We usually suggest latecomers catch up by listening, Captain Abraham.
No one appreciates that policy more than I do, ma'am.
You've certainly demonstrated your commitment to tardiness.
Jason Hunt was my C.
O.
when I got shot.
He personally made sure I got back on my feet, and he turned into one of the best friends I've ever had.
Last night he took a knife wound on the wire, and he bled out on the operating table.
- I know.
And I'm sorry.
- I'd like to request that we bring the accused to Quantico for court-martial.
This is the murder of an officer.
It deserves the varsity.
Furthermore, I want to handle the prosecution.
- Did you just say "furthermore"? - I did.
He's serious.
He said "furthermore.
" I have already detailed Major Ferry to handle the case.
ABE: Colonel, I have the utmost respect for Major Ferry's work.
- "Utmost"? - He's an exceptional lawyer, and his commitment to a frugal lifestyle inspires us all.
But in light of the unique circumstances Unique circumstances are the reason why you're not getting the case.
Major Hunt's next of kin don't need a buddy in court.
They need a lawyer.
Ma'am, they need me.
They asked for me.
And with due respect to the talent in this room, I cannot sit out on Jason's murder trial.
Major Ferry, are you willing to accept cocounsel? Now, does anyone object to us resuming our staff meeting? Actually, ma'am, apologies.
I got to go.
Where? What's with the clothes? Jason's coming home.
Carry on.
Captain Dobbins.
I'm sorry about Major Hunt.
Thank you.
What are you doing here, Maya? The MPs put PFC Ian Morehead on that transport.
They put him on the same flight as Jason? It's a big plane, Abe.
I'm waiting to meet my client.
[CHUCKLES SOFTLY.]
You'rerepresenting PFC Morehead? I thought you liked cases that are a little less open-and-shut.
We must have competing understandings of the phrase "open-and-shut.
" Counselor, your client is getting the big green weenie.
It's just a question of how forcefully - the government applies it.
- You're filing capital charges? Bold play.
The military hasn't executed anyone since 1960.
Could be this is a special case.
Could be my cocounsel and I are waiting for a reason to take the death penalty off the table.
You'll know when I'm in bargaining mode because I'll be bargaining with you.
Your client's pleading not guilty? Bold play.
He stabbed his commanding officer in front of six Marine eyewitnesses.
There's a pretrial motion on its way to you.
Be ready to argue it at the arraignment.
A motion for what? Mercy? A continuance.
I want some more time to investigate.
BAILIFF: All rise.
50 bucks says I can get Metcalf to mention his Purple Heart before you can.
Don't keep us in suspense.
TREY: This court-martial is convened by general court-martial convening order 1-17.
The accused, PFC Ian Morehead, is charged with Article 118 murder, Article 128 assault, and Article 134 disorderly conduct.
Does the defense have a plea? Not guilty, Your Honor.
METCALF: So noted.
Now, as to this motion for a continuance Respectfully, Your Honor, why the need for a protracted investigation? The accused stabbed his commanding officer in front of six eyewitnesses.
PFC Morehead doesn't remember the incident.
That's what the witnesses are for.
Your Honor, I refer the court to page seven of the pretrial motion.
This picture depicts an MRI scan of a healthy human brain.
This is an MRI of PFC Morehead's brain, taken at my request.
The overall neural mass is considerably decreased, and these hardened areas indicate necrotic tissue.
The defense plans to call experts who will testify that my client has clearly suffered one or more traumatic brain injuries.
Your Honor, this is nothing more than an attempt to distract the court from the fact that PFC Morehead stabbed Major Hunt.
TBIs have been called the signature wounds of our conflicts in Iraq and Afghanistan.
They occur when a blast wave from an explosion, most typically caused by an IED, slams a Marine's brain against the inside of his or her skull with tremendous force.
We're all Marines.
We know full well what a TBI is.
Is the defense advancing a legal argument? TBIs have been difficult to diagnose because there are few obvious outward symptoms.
Fortunately, the military has developed ways to assess and treat these wounds.
The defense intends to demonstrate that these protocols were not followed in PFC Morehead's case and that he was left untreated and permitted to remain in a combat zone while clearly unfit for duty.
Which, if true, is a tragedy, but not one that impacts on the fact that PFC Morehead murdered his commanding officer.
Does it impact on the facts? Untreated TBIs have dozens of side effects.
The most serious ones involve personality changes, changes that, if left unchecked, can lead to violent incidents.
Incidents like, say, the stabbing of Major Hunt.
I'd like to go to PFC Morehead's base and find out why.
Why is it that a Marine who should have been forcibly retired from combat several times over remained at his post? The government requests dismissal of the motion so that PFC Morehead's court-martial can proceed as scheduled.
You'll supervise the investigation personally? ABE: I'd like to remind the court that the Uniform Code confers the same investigative privileges to both the defense and the prosecution.
Uniform Code, you say? I'll have to give that a look-see.
Your Honor, what I'm trying to say is if she's going, I'm going, too.
Keep your heads down over there.
We don't need any more Purple Hearts in this courtroom.
- You owe me 50 bucks.
- No.
Metcalf was ruling on my motion when he mentioned the Purple Heart.
I was the last one who talked.
Inconclusive.
I'm not paying.
Go pack.
We're headed to a war zone.
What's your name, Marine? - Guerwicz, sir.
- Private Guerwicz, can you tell me the months of the year in reverse? Start at the end and work your way back to the beginning.
December, November, October, September, August, June I-I mean, August, July, June, May, April You're making some kind of a point.
The tools the Corps uses to diagnose concussions are a long way from an exact science.
This test the Military Acute Concussion Exam? Private Guerwicz here is a boot.
He's never seen a second of combat, and he still failed it.
Should we pull him from active duty? The MACE is a blunt instrument.
But without it, hundreds of honorably obtained war wounds would go undiagnosed.
Do you really plan to argue that's a bad thing? I got witnesses.
You've got concentration games.
December, November, October, September, August, July, - June, May, April, - You can stop now.
March, February, January.
We haven't had a mortar attack for a while, but if one comes in, just duck - they're firing blind.
- Will do, Lieutenant.
It's been quiet, so odds are good you won't see any action.
Lieutenant Jin, are you aware that Captain Abraham served multiple tours at this base when it was called Camp Leatherneck? I wasn't briefed on that, ma'am.
He saw combat here, and he brought a bullet home for his troubles.
He knows what to do in the event of mortar fire.
Roger that.
I was led to believe the two of you - were on opposing sides.
- Oh, we are.
But Captain Dobbins likes to look out for me, right up until we get into court.
I concur with your expert.
PFC Morehead has necrotic tissue in his brain.
It's a fair bet he's suffering from CTE.
Course, there's no way to tell for sure while he's still alive.
I'm confused, Commander Hewitt.
As battalion surgeon, aren't you the ranking medical authority at Task Force Southwest? - Hmm, I am.
- PFC Morehead survived seven different explosive incidents during his tours here, and no one ever thought to give him an MRI.
Well, we can only work with the assets we're given.
After each incident, we administered the MACE exam to PFC Morehead.
He passed every time.
There was no sign an MRI was indicated.
I wish the MACE was a perfect tool, I do, but it works sometimes.
Can you give me some examples of cases when active-duty Marines at Camp Habibi have been diagnosed with a TBI and treated properly? You're asking me to describe medical records.
- Those are private.
- That's not necessarily true.
The UCMJ specifies that under the Military Command Exception, privacy can be waived in urgent circumstances, like, say, when a Marine is on trial for his life.
Can I, uh, help you find something? Oh, sorry.
Just looking.
Wanted to see if I recognize any names.
Well, look, I appreciate you both have a job to do, but I can't invoke the Command Exception.
I'm not the C.
O.
of Task Force Southwest.
[SIGHS.]
If I'm not mistaken, you just tried to help me.
Very un-Abe.
MAYA: If you're willing to invoke the Command Exception to give us access to your medical records, you could help clarify the circumstances surrounding Major Hunt's death.
I wasn't aware the circumstances needed clarification.
The eyewitness testimony is compelling, but if you could give us access to the base's medical records, we could rule out any uncertainty.
Forgive me, Captain Dobbins, but I'm not inclined to share the private records of Marines who haven't stabbed their commanding officer in order to come to the defense of one who has.
ABE: At this point, General, you'd be helping the prosecution as much as you'd be helping the defense.
The prospect of negligence will be raised regardless, so if I can demonstrate it's not part of a pattern, my case against PFC Morehead will be easier to prove.
Easier? I used to drink with some judge advocates.
They had a motto back then: "Marines first, lawyers second.
" That still the thinking back at Quantico? Of course.
Then please tell me how an officer in the U.
S.
Marine Corps one who's already got a half-dozen eyewitnesses to a murder can stand there in good conscience and ask me to make his job easier? Respectfully, General, it's a court case.
Our job is to cross the T's and dot the I's.
With mutual respect, skipper I suggest you make do with what you've got.
MAYA: I want to go over Coburn's head, appeal to the commander of CENTCOM and get him to release the records.
Help me turn over some rocks? You happy with what you just heard? Lieutenant, we can get out here.
Captain Dobbins and I need about 15 minutes.
We're headed back to the battalion aid station.
Yes, sir.
Why are we going back to the hospital? Because if I'm gonna help no offense I'd rather do it productively.
There's no point in appealing to the head of CENTCOM for the records.
He's not gonna undermine a general in the field.
The people who work for Commander Hewitt aren't gonna tell tales outside the chain of command, so they're a wash.
But if we could talk to some people who used to work here, maybe they'd be more candid.
Why would Hewitt give us those names? He hasn't exactly been a model of transparency so far.
He doesn't need to give us anything.
Remember that plank I was looking at back at the battalion aid station? There's a tradition at this camp: Marines who are rotating home carve their names and dates of service in the wood they used to build it.
ABE [OVER PHONE.]
: Those are all former battalion aid staff at Task Force Southwest.
Some of them will still be in the military, some not, but find someone who will talk to you and ask him if there were any irregularities in the enforcement of MACE protocols while they were stationed at Camp Habibi.
Um, did you get co-opted by Maya over there? Because we do prosecution on this floor.
Oh, we're gonna be prosecuting people.
We're just figuring out who.
Last I checked, there was only one guy holding the knife.
Just look into it for me, okay? If it's nothing, it's nothing.
Would you care to rephrase that as a request from a junior officer to his obvious superior? Would the major please assign himself the task of interviewing the names from the photograph, sir? The major will give the request due consideration.
Thank you, Captain Abraham, for your ongoing respect for the sanctity of the chain of command.
TONI: I was stationed at Habibi for two years.
I helped to diagnose and treat injuries when the battalion surgeon was either busy or unavailable.
Hmm, and as part of those duties, you administered the Military Acute Concussion Examination? Sure.
Plenty of times.
Can you recall any irregularities in how the exam was given or how it was scored? Anything unusual at all could he helpful.
Helpful with what? A Marine stationed at Camp Habibi murdered his commanding officer.
He had an undiagnosed TBI.
- MAN: Toni, we need you in prep.
- I got to go.
If you'd just tell me what you remember.
Good luck.
You know someone on the spectrum? My son.
You recognize this? Well, my nephew's in the same boat.
Does your kid have a classroom assistant? - I'm working on it.
- Hmm.
My sister started a Tumblr account when her kid didn't get help, and once she had 10,000 followers, moved things along.
- Thanks.
- MAN: Toni? Abe, it's Trey.
I'm almost through all these names you gave me.
I haven't found anyone who's willing to stray from the party line.
I'm starting to wonder if the party line might be the truth.
Hey, call me back when you get this.
Everything all right, ma'am? I'm sorry.
Toni.
ABE: Major Ferry.
To what do we owe the pleasure? It was an order, Abe.
This guy Hewitt, he called a meeting with the entire medical staff.
Gave them explicit instructions about the MACE.
They were to issue it as many times as it took for the person taking it to get a passing score.
Sorry, doesn't that negate the whole purpose of the test? Of course it does.
It wasn't just Ian Morehead who didn't get the treatment he needed.
No one at Camp Habibi could fail a MACE exam.
It was official policy.
Our witness says Commander Hewitt was fielding complaints from brass about Task Force Southwest being understaffed and constantly losing people to sick bay, so he told his team to readminister the MACE as many times as it took.
- What do we do? - Strictly speaking, we don't have to do anything we have our eyewitnesses.
- The case is strong.
- MAYA: This is ridiculous.
This changes everything.
You need to make a deal with my client.
Excuse us.
The prosecution is conferring.
[SIGHS.]
So we put Morehead away does that feel like justice? Justice is whatever happens when the panel reads their verdict.
There was a standing order at Camp Habibi, and it led to Jason's death.
Commander Hewitt should be held accountable.
I don't disagree, but there's a pucker factor trying to prove that.
It'll be Toni Poirier's testimony against the word of the active-duty personnel.
Huge pucker factor.
Is she credible? How'd you get this woman talking? I told her about my neuro-atypical nephew.
You don't have a nephew.
Be careful not to mention that in front of the witness.
MAYA: You need Morehead's testimony.
You're going after Hewitt, right? We will be with you in a moment.
We have a winner here if we go after Morehead.
We take on the battalion surgeon, I wouldn't lay money - on the outcome.
- WOMAN: Excuse me.
This is from the young woman.
You want to make a deal with the Marine who killed Jason? ABE: Morehead's not the only one responsible for Jason's death.
I want to get this right.
Like exactly right.
[SIGHS.]
What? Did you know my dad was a Marine? Commanded a division in Vietnam and everything.
My grandfather ran the show in Belgium during World War II.
After I took my bullet, when they told me I couldn't be infantry anymore, I wasn't sure I wanted to keep going with this thing.
I mean, "Every Marine a rifleman," right? We fight.
If you can't do that, what's the point? Jason helped me find this.
I'm here because of him.
I'm a lawyer because of him.
I owe him everything.
I want this doctor inside a brig forever.
But Morehead's the easy get.
If you tell me to stand down from the rest, I will.
And this is the right thing? We could lose.
Do it.
[DIALING.]
[LINE RINGS.]
TREY: Hey, what's up? Trey, tell Maya we'll take the deal.
We won't be able to put Hewitt away without PFC Morehead's testimony.
Good morning, Captain Abraham.
- Is it still morning, Rami? - Hmm.
I understand from Major Ferry you're looking to make a case based on a pattern of malpractice without access to the relevant medical records.
And you have an opinion about that? An opinion? Not even remotely.
I'm just a facilitator here.
But since you asked, sir, you should be aware that the commanding general for CENTCOM works out of MacDill Air Force Base in Tampa.
- Thanks.
I'm aware.
- And said CG is none other than General Holden Hamilton "H.
H.
" Carrick IV.
He's the one who could overrule Coburn and get you the records.
The fourth.
I admire his commitment to the H.
H.
Carrick lineage.
H.
H.
Carrick IV is, as you might guess, the son of H.
H.
Carrick III, who, it happens, served honorably under General Russell Abraham in Saigon and other South Asian environs.
His dad worked for my dad? Sounds like a Hail Mary.
Resourceful as always.
But I'm about to depose my star witness.
I don't think we need a frankly, desperate appeal to family ties.
Good work, though.
[EXHALES.]
Sorry.
It's in the fog.
When you say "in the fog"? I mean I-I don't remember.
Things are fuzzy for me sometimes.
PFC Morehead, when you survived your fifth explosion, can you tell us who issued you the MACE exam? Um Sorry.
No.
That's - In the fog.
- In the fog.
Would you excuse us? Due respect: your client doesn't remember anything helpful.
He doesn't remember anything harmful.
Right.
Because "not harmful" was what we were going for when we made your guy our star witness.
Who's representing Commander Hewitt? He opted for private counsel.
A certain retired Marine colonel named Hermes Papademotropoulos.
Did you think Hewitt was going to hire a bad lawyer? We're not upset because he's good.
We're upset because we have to spell his name.
Rami.
Can you get me an appointment with H.
H.
Carrick IV? Hail Mary time already? CARRICK: Russ Abraham? [CHUCKLES.]
Your old man was up there with Santa in my house.
Three that's what we used to call my father.
My granddad was Two.
I'm Four.
You get it.
Three talked about General Abraham constantly.
It was it was annoying as all hell.
Did your staff brief you? You want me to invoke the Command Exception so you can look at the records for Task Force Southwest.
It'd help me get to the bottom of a complicated situation, sir.
Yeah.
I encourage my staff to join me for mindfulness training three times a week.
You can sit in.
I've been on planes for three days.
I'll fall asleep if I try to, you know, meditate.
No, it's not meditation.
It's the practice of mindfulness.
This is the U.
S.
military.
The way you phrase things absolutely matters.
So you went over Coburn's head because you thought my connection to your dad would make me sentimentally receptive to your request.
Pretty much.
It was a nice try, kid.
You sure you won't join us? I got to get back to Quantico, sir.
Thanks for hearing me out.
All right.
General Carrick.
Why not invoke the exception and take a look at the records yourself? If you did it, it wouldn't be undermining General Coburn.
You'd be doing your due diligence.
My due diligence? This is the U.
S.
military.
The way you phrase things absolutely matters.
[CHUCKLING.]
[PHONE RINGS.]
What's up, Trey? What did you say to General Carrick? Look, we knew it was a long shot.
Abe, he released the records.
What? He invoked the Command Exception.
Now, from what I can tell, Toni Poirier is telling the truth.
No one and I mean no one has been diagnosed with a concussion since Hewitt took over as surgeon.
[BEEPING.]
That's Maya.
I'll call you back.
We got the records.
Everything's moving fast here, Abe.
Two of the medical officers serving under Hewitt at Camp Habibi have requested counsel.
What do they need lawyers for? They changed their statement.
They're both willing to testify that Hewitt gave an order to ignore MACE protocols.
The MPs are arresting Commander Hewitt as we speak.
Congratulations.
TREY: Don't touch the dog.
I'm serious.
I've got a lot of facts and figures running through my head.
You sure that's what you want to add to the mix? Judge Corpus trains service animals.
Apparently, the worst thing you can do is pet them.
Breaks down their discipline.
Just don't touch the dog.
BAILIFF: All rise.
Easy day, ladies and gentlemen.
Does the government have any opening statement? Ladies and gentlemen, Lieutenant Colonel Corpus and - Yeti.
- and Yeti.
Good morning.
PFC Ian Morehead stabbed Major Jason Hunt in the stomach while they were serving in Helmand Province, Afghanistan.
Commander Hewitt, the battalion surgeon at Task Force Southwest, issued an order to his staff concerning the MACE, the exam designed to diagnose traumatic brain injuries.
Commander Hewitt, who had his doubts about the effectiveness of the test and who felt that Task Force Southwest was understaffed, issued an order that no one, no one was to fail the MACE on their watch.
This illegal order set the conditions for PFC Morehead's crime.
It led directly to the death of Major Jason Hunt.
Commander Noah Hewitt shares responsibility for the murder of an outstanding Marine.
He has to share in the punishment, too.
Mr.
Papa - demo tropoulos? - [CHUCKLES.]
Thank you, Your Honor.
Feel free to call me Princess if it makes things easier.
My drill instructor sure did, and the name just kind of stuck.
It's been my pleasure to sit opposite Major Ferry and Captain Abraham many, many times.
And they are both just as good as the game.
And you're gonna hear some well-crafted arguments from the government.
But ultimately it comes down to this: it simply can't be proven that Commander Hewitt issued an order to ignore the MACE protocols.
Now, you're gonna hear testimony from some of his staff that say he did, and you're gonna hear from others who say he didn't.
That's "he said, she said" stuff.
I mean, the government is, quite simply, trying to point the finger of blame where it doesn't belong, where it can't belong.
Because we know who killed Major Hunt.
And he's right here in this beautiful courtroom today, flanked by military police.
And his name is PFC Ian Morehead.
My name is Cameron Naldi.
I'm a lieutenant junior grade with the Navy Expeditionary Combat Command, currently assigned to Task Force Southwest.
And why is a Navy officer stationed on a Marine Corps base? Sir, I'm an MSO, a-a medical service officer.
The Marines don't staff medical personnel.
Did your commanding officer, Dr.
Noah Hewitt, call a staff meeting - on August 4, 2018? - He did.
And what was the topic? The MACE exam.
Commander Hewitt told the staff we were to reissue the questions as many times as it took for any injured Marine to receive a passing score.
And did anyone on the staff voice concerns about the order? Lots of us.
And did you follow your C.
O.
's orders? Did you ask the questions on the MACE as many times as it took? Of course, sir.
We all did.
PAPADEMOTROPOULOS: Lieutenant Naldi, how would you describe your relationship with Commander Hewitt? He's the battalion surgeon.
He's my boss.
Do you enjoy serving under him? Objection.
Relevance.
Lieutenant Colonel Corpus, I intend to demonstrate bias on the part of this witness.
I'll allow the question to stand.
He's my commanding officer.
I do what he tells me to do.
But, son, didn't you go over his head to request a transfer out of Task Force Southwest? I did.
So you don't always do what he tells you to do.
- Objection.
- Objection.
That's argumentative.
Sustained.
Don't needle the witness, Mr.
Pa Don't needle the witness.
What was the reason you requested a transfer? I thought I could serve more effectively elsewhere.
But your request was denied.
How many fitness reports did Commander Hewitt issue rating your performance? Three.
And in each of those reports, he describes you as being barely fit for duty, your work hampered by anger management issues.
Did he not? Son? - He did.
- And if this court-martial finds Commander Hewitt guilty of murder, would he still be posted at Camp Habibi? Of course not.
He'd be in jail.
And you would have achieved your goal of escaping his yoke.
- Objection.
- Objection.
The government is under no obligation to deliver its objections in stereo.
Sustained.
I will withdraw the last question.
Nothing further.
I'm Antoinette Poirier.
I was a Navy Independent Corpsman detailed to Task Force Southwest from May 2017 until November of last year.
Can you describe the staff meeting called by Commander Hewitt on August 4? Ms.
Poirier? We had a lot of meetings.
I can't recall at this time.
Ms.
Poirier, when we deposed you, you described the meeting in detail.
I don't remember what happened on August 4.
Not at this time.
Forget the date.
Do you recall a meeting where Commander Hewitt outlined a new policy for issuing the MACE exam? I don't.
Not at this time.
Why are you doing this, Toni? PAPADEMOTROPOULOS: Objection, Your Honor.
- Counsel is leading the witness.
- Sustained.
- Why are you doing this? - Objection! Sustained.
The witness will ignore the question, and counsel will move on or be held in contempt.
Your Honor, the witness's testimony runs directly counter to what she said in her deposition.
The government requests a recess to assess its case in light of the change.
Ms.
Poirier, you maintain you can't recall events you recently described in detail? Not at this time, Your Honor.
CORPUS: Then the request is granted.
I'll see you all tomorrow.
The witness may step down.
BAILIFF: All rise.
Abe, you old-ass leprechaun.
[CHUCKLES.]
: Happy birthday, man.
Um listen, Alex wants to fix you up with somebody, so call her, okay? GLENN: If you're just gonna sit there all night, we're gonna have to start charging you for electricity.
Colonel.
You look, um Yeah, I clean up okay.
Sit.
That is if your ass isn't too sore from court today.
You heard about that? Your star witness recanted right in front of the panel.
What happened? Trey went to go see Toni Poirier after the recess.
She'll never admit this on the record, but I guess, when she was overseas, she had an affair with one of the other officers posted to the battalion aid station.
The guy she used to be with sided with Hewitt.
He came to Toni and told her that he'd tell Princess what happened if she didn't back off.
They'd expose the affair on cross while her husband was watching.
Sometimes it goes the way you planned, and sometimes it's a goat rope.
I'm sorry it happened on Major Hunt's case.
Thanks.
So? Is that it, then? Should I let the CNO know that it's game over? The head of the Navy's been calling you? You've accused one of his officers of a far-reaching pattern of conspiracy and malpractice.
I have also heard from the commandant's office more than once.
I wish you would've told me.
You needed your space to work.
It's my job to get it for you.
Is it gonna cost you? If that panel finds Commander Hewitt innocent, it's gonna cost us all.
So, this doctor's gonna walk? Maybe.
We still have the medical records.
We might be able to leverage that into a little time.
[WHISPERS.]
: Okay.
Okay.
I'm sorry, Al.
[SIGHS.]
You keep acting like I expect everything to work out perfectly.
I'm not some kid.
I know.
But Jason loved the Corps.
He - he deserved better.
- Abe Jason was a Marine, but he wasn't an idea.
He was a man.
He knew the world wasn't perfect.
And he damn well knew the Corps wasn't, either.
And right before he died, he told me he wasn't even sure it deserved what he gave it.
What do you mean? He did love the Marines, like you said, but right before he died, he he told me he wasn't sure how long the Corps would love him back.
Why? I'm not sure.
But the way he said it I don't know, it was weird.
He said he was gonna write me an e-mail.
Do you have Jason's password? ALEX: Sorry, what are you looking for? Jason used to write me these incredibly long e-mails.
I'd ask him how he did it, and he told me that he wrote them over a few sessions.
He'd save the letter in progress in his drafts file.
I guess I'm curious what his beef with the Marines was.
"MACE.
" Like the exam.
You guys finished yet? - 'Cause I really need you to be finished.
- Done.
Done.
And for the record, Trey, you are not a faster reader than I am.
- Scoreboard.
- Please.
I was out with my team.
I've had two beers.
So? So Jason knew Noah Hewitt told his staff to ignore MACE protocols.
- He confronted him about it.
- It's intriguing, - but I don't see what it changes.
- It changes everything.
Jason was going to expose Hewitt, and Hewitt knew it.
- "Hewitt knew it.
- "Thank you, Captain.
I'm aware that it rhymes.
Noah Hewitt had motive to kill Jason.
Right, except he didn't kill Jason.
Not literally, anyway.
I think maybe he did.
And it wasn't just neglect, it was deliberate.
Noah Hewitt murdered Jason, using Ian Morehead as a weapon.
In the billiard room? I'm sorry, Abe, I'm just waiting to hear something you can actually argue in court.
Jason died the same day he confronted Hewitt.
On the night of the murder, Morehead told his bunkmate he was having terrible headaches.
He left for sick bay at 2115 except there's no record of PFC Morehead being treated.
Two hours later, he is spotted near the fence line and he murders Jason.
What did Morehead do with those two hours? Wandered? It's a big base.
No one saw him, no one saw him until he was walking toward the wire.
I think maybe he went to sick bay.
But Hewitt never put it in the log, because he saw an opportunity.
Instead of treating Morehead's symptoms, he made 'em worse.
Now, there are all kinds of ways to agitate someone in a disoriented state.
Oh.
Captain Dobbins sees the beauty of my theory.
Hewitt whips Morehead into a frenzy and then drops him in a spot where he knows Morehead's commanding officer the same guy who is about to wreck Hewitt's career is going to be called in to bail Morehead out.
ABE: Maybe Morehead attacks Jason, maybe he doesn't, but what's the harm in giving it a shot? If it works, you got rid of two problems, two big problems.
Okay, it's an interesting theory, but unless you've got footage of Hewitt taking Morehead out to the wire, I don't see how you prove it.
I have no such thing.
Neither of them show up on the security footage.
We have to seek alternative evidence.
Such as? We're probably not going to find any.
Either way, we need time to look.
Call Princess.
Tell him you want to negotiate a plea in the morning.
You can drag your feet while we dig around.
For how long? No idea.
Can you kill a whole day if we need you to? A filibuster? Honey you came to the right gamecock.
PAPADEMOTROPOULOS: You've been out here for two hours you got a counterproposal for me, or not? There are a ton of deal points here, Princess.
I am working on it.
So I'll respond one by one.
You like that movie? This negotiation is over.
How'd it go on your end? They're all here.
How about you? Please tell me you got something.
I got something.
I think.
BAILIFF: All rise.
Abe, we got to fish or cut bait.
Do you have any news for us, Counselors? Your Honor, may I have a second? [GALLERY MURMURING.]
I'm waiting for an e-mail from Afghanistan.
Someone with the username Get That Ass 23.
- Tell me when it comes in.
- Our case rides on a guy - who calls himself Get That Ass 23? - Just watch the phone.
- Gentlemen.
- I'm gonna buy some time.
Your Honor, the government and the defendant were unable to reach a deal.
We call Commander Noah Hewitt.
[GALLERY MURMURING.]
For what I sincerely hope is the final time, no, I did not treat PFC Morehead on the night he murdered Major Hunt.
And I certainly didn't drive him to the fence line.
I think you did.
I think you used him to kill Jason, because Jason knew about all of the Marines who came to your battalion aid station for help - but left it as your victims.
- PAPADEMOTROPOULOS: Objection.
Counsel is obliged to offer evidence, - not his opinion.
- I'm certain evidence is forthcoming in the very near future.
Victims like Ian Morehead himself, a kid from Skowhegan, Maine, who almost washed out of Parris Island three different times, but he stuck it out because he wanted to serve his country.
A kid who became a Marine, then woke up from a blackout to find himself accused of murder.
Victims like Mateo Lopez - Objection! - Sustained.
a decorated veteran who sleeps on a park bench because he can't hold down - a job anymore.
- CORPUS: Captain Abraham, you are in contempt of court.
Adrian Sorensen couldn't be here today.
He committed suicide.
But his widow would very much like to meet you, Commander Hewitt.
- [GAVEL BANGS.]
- CORPUS: Enough! The spectators are to sit immediately.
Captain Abraham, that outburst earned you a letter of reprimand.
Your next step is 30 days in the brig.
Do you have any questions for the witness, or not? [SIGHS.]
Commander Hewitt, on the night of Major Hunt's murder, did your staff treat a Private Lance Trainor for forehead abrasions? Possibly.
They did.
We have the records.
Exhibit I.
One of your Independent Corpsmen gave him 12 stitches in his forehead.
Would you read from the log and tell us why Private Trainor required attention? It says Private Trainor took a dare.
He, uh he intentionally put his head through the window of a latrine.
And what would you say if I told you that one of Trainor's squad mates took a video of the incident, and in the background of that video, we can clearly see you driving a restrained Ian Morehead in the direction of the fence line? I guess I'd say I'd like to see that video.
CORPUS: Does such evidence exist, Captain Abraham? Your Honor, we're waiting for it.
No, the court has already been more than patient.
- Get That Ass! - CORPUS: I beg your pardon? We have the video, Your Honor.
It just came in.
The government would like to introduce it - as Exhibit J.
- Objection! It's an e-mail attachment.
We'll be ascertaining the provenance of the evidence, but for now the court will take a look.
[SOLDIERS CHATTERING.]
PAPADEMOTROPOULOS: Your Honor, my client wishes to revise his plea and enter a new plea of guilty on all charges.
And in light of this, I'd like to request a recess - to talk a deal with the government.
- [MOUTHS.]
Granted.
This court-martial will resume tomorrow.
[GAVEL BANGS.]
[EXHALES.]
- [SNIFFLES.]
- MOREHEAD: Mrs.
Hunt? I'm so sorry, ma'am.
With everything that I am and everything that I'll ever be, I'm sorry for what I did.
God bless you and your children.
Thank you.
[SIGHS.]
MAYA: Nice work in there.
Am I looking at a new Abe? What is it you like to say? "We're lawyers.
We don't chase ideals, we chase outcomes.
" I believe I got an outcome, too.
Thanks for the assist.
I'm just sorry we didn't get to go head-to-head.
Patience, Captain Dobbins.
All good things in time.
Yeah, I see jokers on my left, thieves upon my right
Maggie, Maggie, Maggie.
Who's the best? - [MAGGIE COOS.]
- No, that was it.
She just said it.
She just said it.
No, you're right.
To the biased observer, one of those random syllables might have been "dad.
" No, no, it was not random.
She said it.
Maggie, say "dad" again.
Say "dada.
" Da Dada, dada.
[ALARM BLARING.]
I'm gonna miss this.
Don't pretend you're anything but a lifer.
You love the Corps.
I'm just not sure how much longer it's gonna love me back.
I'll, uh, I'll send you an e-mail, okay? I got to go.
Love you.
[ALARM CONTINUES.]
- You think he's drunk, sir? - I think if he tries to get over the wire, he's either gonna get court-martialed or shot.
Do any of these Humvees work? [ENGINE STARTS.]
Hold fire, Tower.
He's one of mine.
Hey! Morehead, stop! Get off the wire.
What's wrong with you? What are you doing? [GRUNTS.]
[PANTING.]
There must be some kind of way out of here MAN: Get some men to the fence line.
The major went down.
Said the joker to the thief The major is down [CONTINUES INDISTINCTLY.]
There's too much confusion Mmm, I can't get no relief Yeah, I see jokers on my left, thieves upon my right You'd find me in the middle if I picked a different life Before my name started tripling in size [SHOUTING.]
All attributed to mine ABE: So, who you got? No one.
I got no one, Abe.
I'm gonna focus on my 40-year-old hamstrings, if it's all the same to you.
It's not all the same.
Due respect to you as my senior officer, it's not even close to all the same.
We have a tradition.
We size up all the new candidates, and we bet on who's gonna finish first.
You have a tradition.
I got a guy I run with who won't shut up.
Come on, Trey, who you got? Worked from the earth up Well, I agree he'd look good on a recruiting poster.
The ideal Marine.
Too bad we're lawyers.
We don't pursue ideals, we pursue outcomes.
Outcomes.
Mm-hmm.
Birth control glasses.
- [LAUGHS.]
- If that guy wasn't on the cross-country team, I'll eat my hat.
You're not wearing a hat.
- I own a hat.
- ALEX: Abe! They operated on him for hours, but he died on the table.
I thought Jason stopped going out on patrol.
It didn't happen in combat.
Jason was stabbed by one of his own men.
What? It was an enlisted guy.
Ian Morehead.
I came to ask you to handle the case, Abe.
I want you to put this guy away.
RAMI: It's 0913, Captain Abraham, we are hard at work enforcing the Uniform Code of Military Justice.
I'm aware of both the time and our mandate, Mr.
Ahmadi.
Then you're also aware that the staff meeting is in progress.
You should say you got pulled over for running a stop sign.
- Don't worry about it.
- Sir, it's been more than five months since you pretended to get a moving violation.
It's the freshest excuse by far.
I guess you could go with a burst pipe in your apartment.
Pay attention, Rami.
I have a legitimate excuse today.
The clothes.
It's got something to do with the clothes.
The Article 32 hearing is next week, but Kearney's on defense, so it'll probably plea out.
Can we discuss the murder at Task Force Southwest? We usually suggest latecomers catch up by listening, Captain Abraham.
No one appreciates that policy more than I do, ma'am.
You've certainly demonstrated your commitment to tardiness.
Jason Hunt was my C.
O.
when I got shot.
He personally made sure I got back on my feet, and he turned into one of the best friends I've ever had.
Last night he took a knife wound on the wire, and he bled out on the operating table.
- I know.
And I'm sorry.
- I'd like to request that we bring the accused to Quantico for court-martial.
This is the murder of an officer.
It deserves the varsity.
Furthermore, I want to handle the prosecution.
- Did you just say "furthermore"? - I did.
He's serious.
He said "furthermore.
" I have already detailed Major Ferry to handle the case.
ABE: Colonel, I have the utmost respect for Major Ferry's work.
- "Utmost"? - He's an exceptional lawyer, and his commitment to a frugal lifestyle inspires us all.
But in light of the unique circumstances Unique circumstances are the reason why you're not getting the case.
Major Hunt's next of kin don't need a buddy in court.
They need a lawyer.
Ma'am, they need me.
They asked for me.
And with due respect to the talent in this room, I cannot sit out on Jason's murder trial.
Major Ferry, are you willing to accept cocounsel? Now, does anyone object to us resuming our staff meeting? Actually, ma'am, apologies.
I got to go.
Where? What's with the clothes? Jason's coming home.
Carry on.
Captain Dobbins.
I'm sorry about Major Hunt.
Thank you.
What are you doing here, Maya? The MPs put PFC Ian Morehead on that transport.
They put him on the same flight as Jason? It's a big plane, Abe.
I'm waiting to meet my client.
[CHUCKLES SOFTLY.]
You'rerepresenting PFC Morehead? I thought you liked cases that are a little less open-and-shut.
We must have competing understandings of the phrase "open-and-shut.
" Counselor, your client is getting the big green weenie.
It's just a question of how forcefully - the government applies it.
- You're filing capital charges? Bold play.
The military hasn't executed anyone since 1960.
Could be this is a special case.
Could be my cocounsel and I are waiting for a reason to take the death penalty off the table.
You'll know when I'm in bargaining mode because I'll be bargaining with you.
Your client's pleading not guilty? Bold play.
He stabbed his commanding officer in front of six Marine eyewitnesses.
There's a pretrial motion on its way to you.
Be ready to argue it at the arraignment.
A motion for what? Mercy? A continuance.
I want some more time to investigate.
BAILIFF: All rise.
50 bucks says I can get Metcalf to mention his Purple Heart before you can.
Don't keep us in suspense.
TREY: This court-martial is convened by general court-martial convening order 1-17.
The accused, PFC Ian Morehead, is charged with Article 118 murder, Article 128 assault, and Article 134 disorderly conduct.
Does the defense have a plea? Not guilty, Your Honor.
METCALF: So noted.
Now, as to this motion for a continuance Respectfully, Your Honor, why the need for a protracted investigation? The accused stabbed his commanding officer in front of six eyewitnesses.
PFC Morehead doesn't remember the incident.
That's what the witnesses are for.
Your Honor, I refer the court to page seven of the pretrial motion.
This picture depicts an MRI scan of a healthy human brain.
This is an MRI of PFC Morehead's brain, taken at my request.
The overall neural mass is considerably decreased, and these hardened areas indicate necrotic tissue.
The defense plans to call experts who will testify that my client has clearly suffered one or more traumatic brain injuries.
Your Honor, this is nothing more than an attempt to distract the court from the fact that PFC Morehead stabbed Major Hunt.
TBIs have been called the signature wounds of our conflicts in Iraq and Afghanistan.
They occur when a blast wave from an explosion, most typically caused by an IED, slams a Marine's brain against the inside of his or her skull with tremendous force.
We're all Marines.
We know full well what a TBI is.
Is the defense advancing a legal argument? TBIs have been difficult to diagnose because there are few obvious outward symptoms.
Fortunately, the military has developed ways to assess and treat these wounds.
The defense intends to demonstrate that these protocols were not followed in PFC Morehead's case and that he was left untreated and permitted to remain in a combat zone while clearly unfit for duty.
Which, if true, is a tragedy, but not one that impacts on the fact that PFC Morehead murdered his commanding officer.
Does it impact on the facts? Untreated TBIs have dozens of side effects.
The most serious ones involve personality changes, changes that, if left unchecked, can lead to violent incidents.
Incidents like, say, the stabbing of Major Hunt.
I'd like to go to PFC Morehead's base and find out why.
Why is it that a Marine who should have been forcibly retired from combat several times over remained at his post? The government requests dismissal of the motion so that PFC Morehead's court-martial can proceed as scheduled.
You'll supervise the investigation personally? ABE: I'd like to remind the court that the Uniform Code confers the same investigative privileges to both the defense and the prosecution.
Uniform Code, you say? I'll have to give that a look-see.
Your Honor, what I'm trying to say is if she's going, I'm going, too.
Keep your heads down over there.
We don't need any more Purple Hearts in this courtroom.
- You owe me 50 bucks.
- No.
Metcalf was ruling on my motion when he mentioned the Purple Heart.
I was the last one who talked.
Inconclusive.
I'm not paying.
Go pack.
We're headed to a war zone.
What's your name, Marine? - Guerwicz, sir.
- Private Guerwicz, can you tell me the months of the year in reverse? Start at the end and work your way back to the beginning.
December, November, October, September, August, June I-I mean, August, July, June, May, April You're making some kind of a point.
The tools the Corps uses to diagnose concussions are a long way from an exact science.
This test the Military Acute Concussion Exam? Private Guerwicz here is a boot.
He's never seen a second of combat, and he still failed it.
Should we pull him from active duty? The MACE is a blunt instrument.
But without it, hundreds of honorably obtained war wounds would go undiagnosed.
Do you really plan to argue that's a bad thing? I got witnesses.
You've got concentration games.
December, November, October, September, August, July, - June, May, April, - You can stop now.
March, February, January.
We haven't had a mortar attack for a while, but if one comes in, just duck - they're firing blind.
- Will do, Lieutenant.
It's been quiet, so odds are good you won't see any action.
Lieutenant Jin, are you aware that Captain Abraham served multiple tours at this base when it was called Camp Leatherneck? I wasn't briefed on that, ma'am.
He saw combat here, and he brought a bullet home for his troubles.
He knows what to do in the event of mortar fire.
Roger that.
I was led to believe the two of you - were on opposing sides.
- Oh, we are.
But Captain Dobbins likes to look out for me, right up until we get into court.
I concur with your expert.
PFC Morehead has necrotic tissue in his brain.
It's a fair bet he's suffering from CTE.
Course, there's no way to tell for sure while he's still alive.
I'm confused, Commander Hewitt.
As battalion surgeon, aren't you the ranking medical authority at Task Force Southwest? - Hmm, I am.
- PFC Morehead survived seven different explosive incidents during his tours here, and no one ever thought to give him an MRI.
Well, we can only work with the assets we're given.
After each incident, we administered the MACE exam to PFC Morehead.
He passed every time.
There was no sign an MRI was indicated.
I wish the MACE was a perfect tool, I do, but it works sometimes.
Can you give me some examples of cases when active-duty Marines at Camp Habibi have been diagnosed with a TBI and treated properly? You're asking me to describe medical records.
- Those are private.
- That's not necessarily true.
The UCMJ specifies that under the Military Command Exception, privacy can be waived in urgent circumstances, like, say, when a Marine is on trial for his life.
Can I, uh, help you find something? Oh, sorry.
Just looking.
Wanted to see if I recognize any names.
Well, look, I appreciate you both have a job to do, but I can't invoke the Command Exception.
I'm not the C.
O.
of Task Force Southwest.
[SIGHS.]
If I'm not mistaken, you just tried to help me.
Very un-Abe.
MAYA: If you're willing to invoke the Command Exception to give us access to your medical records, you could help clarify the circumstances surrounding Major Hunt's death.
I wasn't aware the circumstances needed clarification.
The eyewitness testimony is compelling, but if you could give us access to the base's medical records, we could rule out any uncertainty.
Forgive me, Captain Dobbins, but I'm not inclined to share the private records of Marines who haven't stabbed their commanding officer in order to come to the defense of one who has.
ABE: At this point, General, you'd be helping the prosecution as much as you'd be helping the defense.
The prospect of negligence will be raised regardless, so if I can demonstrate it's not part of a pattern, my case against PFC Morehead will be easier to prove.
Easier? I used to drink with some judge advocates.
They had a motto back then: "Marines first, lawyers second.
" That still the thinking back at Quantico? Of course.
Then please tell me how an officer in the U.
S.
Marine Corps one who's already got a half-dozen eyewitnesses to a murder can stand there in good conscience and ask me to make his job easier? Respectfully, General, it's a court case.
Our job is to cross the T's and dot the I's.
With mutual respect, skipper I suggest you make do with what you've got.
MAYA: I want to go over Coburn's head, appeal to the commander of CENTCOM and get him to release the records.
Help me turn over some rocks? You happy with what you just heard? Lieutenant, we can get out here.
Captain Dobbins and I need about 15 minutes.
We're headed back to the battalion aid station.
Yes, sir.
Why are we going back to the hospital? Because if I'm gonna help no offense I'd rather do it productively.
There's no point in appealing to the head of CENTCOM for the records.
He's not gonna undermine a general in the field.
The people who work for Commander Hewitt aren't gonna tell tales outside the chain of command, so they're a wash.
But if we could talk to some people who used to work here, maybe they'd be more candid.
Why would Hewitt give us those names? He hasn't exactly been a model of transparency so far.
He doesn't need to give us anything.
Remember that plank I was looking at back at the battalion aid station? There's a tradition at this camp: Marines who are rotating home carve their names and dates of service in the wood they used to build it.
ABE [OVER PHONE.]
: Those are all former battalion aid staff at Task Force Southwest.
Some of them will still be in the military, some not, but find someone who will talk to you and ask him if there were any irregularities in the enforcement of MACE protocols while they were stationed at Camp Habibi.
Um, did you get co-opted by Maya over there? Because we do prosecution on this floor.
Oh, we're gonna be prosecuting people.
We're just figuring out who.
Last I checked, there was only one guy holding the knife.
Just look into it for me, okay? If it's nothing, it's nothing.
Would you care to rephrase that as a request from a junior officer to his obvious superior? Would the major please assign himself the task of interviewing the names from the photograph, sir? The major will give the request due consideration.
Thank you, Captain Abraham, for your ongoing respect for the sanctity of the chain of command.
TONI: I was stationed at Habibi for two years.
I helped to diagnose and treat injuries when the battalion surgeon was either busy or unavailable.
Hmm, and as part of those duties, you administered the Military Acute Concussion Examination? Sure.
Plenty of times.
Can you recall any irregularities in how the exam was given or how it was scored? Anything unusual at all could he helpful.
Helpful with what? A Marine stationed at Camp Habibi murdered his commanding officer.
He had an undiagnosed TBI.
- MAN: Toni, we need you in prep.
- I got to go.
If you'd just tell me what you remember.
Good luck.
You know someone on the spectrum? My son.
You recognize this? Well, my nephew's in the same boat.
Does your kid have a classroom assistant? - I'm working on it.
- Hmm.
My sister started a Tumblr account when her kid didn't get help, and once she had 10,000 followers, moved things along.
- Thanks.
- MAN: Toni? Abe, it's Trey.
I'm almost through all these names you gave me.
I haven't found anyone who's willing to stray from the party line.
I'm starting to wonder if the party line might be the truth.
Hey, call me back when you get this.
Everything all right, ma'am? I'm sorry.
Toni.
ABE: Major Ferry.
To what do we owe the pleasure? It was an order, Abe.
This guy Hewitt, he called a meeting with the entire medical staff.
Gave them explicit instructions about the MACE.
They were to issue it as many times as it took for the person taking it to get a passing score.
Sorry, doesn't that negate the whole purpose of the test? Of course it does.
It wasn't just Ian Morehead who didn't get the treatment he needed.
No one at Camp Habibi could fail a MACE exam.
It was official policy.
Our witness says Commander Hewitt was fielding complaints from brass about Task Force Southwest being understaffed and constantly losing people to sick bay, so he told his team to readminister the MACE as many times as it took.
- What do we do? - Strictly speaking, we don't have to do anything we have our eyewitnesses.
- The case is strong.
- MAYA: This is ridiculous.
This changes everything.
You need to make a deal with my client.
Excuse us.
The prosecution is conferring.
[SIGHS.]
So we put Morehead away does that feel like justice? Justice is whatever happens when the panel reads their verdict.
There was a standing order at Camp Habibi, and it led to Jason's death.
Commander Hewitt should be held accountable.
I don't disagree, but there's a pucker factor trying to prove that.
It'll be Toni Poirier's testimony against the word of the active-duty personnel.
Huge pucker factor.
Is she credible? How'd you get this woman talking? I told her about my neuro-atypical nephew.
You don't have a nephew.
Be careful not to mention that in front of the witness.
MAYA: You need Morehead's testimony.
You're going after Hewitt, right? We will be with you in a moment.
We have a winner here if we go after Morehead.
We take on the battalion surgeon, I wouldn't lay money - on the outcome.
- WOMAN: Excuse me.
This is from the young woman.
You want to make a deal with the Marine who killed Jason? ABE: Morehead's not the only one responsible for Jason's death.
I want to get this right.
Like exactly right.
[SIGHS.]
What? Did you know my dad was a Marine? Commanded a division in Vietnam and everything.
My grandfather ran the show in Belgium during World War II.
After I took my bullet, when they told me I couldn't be infantry anymore, I wasn't sure I wanted to keep going with this thing.
I mean, "Every Marine a rifleman," right? We fight.
If you can't do that, what's the point? Jason helped me find this.
I'm here because of him.
I'm a lawyer because of him.
I owe him everything.
I want this doctor inside a brig forever.
But Morehead's the easy get.
If you tell me to stand down from the rest, I will.
And this is the right thing? We could lose.
Do it.
[DIALING.]
[LINE RINGS.]
TREY: Hey, what's up? Trey, tell Maya we'll take the deal.
We won't be able to put Hewitt away without PFC Morehead's testimony.
Good morning, Captain Abraham.
- Is it still morning, Rami? - Hmm.
I understand from Major Ferry you're looking to make a case based on a pattern of malpractice without access to the relevant medical records.
And you have an opinion about that? An opinion? Not even remotely.
I'm just a facilitator here.
But since you asked, sir, you should be aware that the commanding general for CENTCOM works out of MacDill Air Force Base in Tampa.
- Thanks.
I'm aware.
- And said CG is none other than General Holden Hamilton "H.
H.
" Carrick IV.
He's the one who could overrule Coburn and get you the records.
The fourth.
I admire his commitment to the H.
H.
Carrick lineage.
H.
H.
Carrick IV is, as you might guess, the son of H.
H.
Carrick III, who, it happens, served honorably under General Russell Abraham in Saigon and other South Asian environs.
His dad worked for my dad? Sounds like a Hail Mary.
Resourceful as always.
But I'm about to depose my star witness.
I don't think we need a frankly, desperate appeal to family ties.
Good work, though.
[EXHALES.]
Sorry.
It's in the fog.
When you say "in the fog"? I mean I-I don't remember.
Things are fuzzy for me sometimes.
PFC Morehead, when you survived your fifth explosion, can you tell us who issued you the MACE exam? Um Sorry.
No.
That's - In the fog.
- In the fog.
Would you excuse us? Due respect: your client doesn't remember anything helpful.
He doesn't remember anything harmful.
Right.
Because "not harmful" was what we were going for when we made your guy our star witness.
Who's representing Commander Hewitt? He opted for private counsel.
A certain retired Marine colonel named Hermes Papademotropoulos.
Did you think Hewitt was going to hire a bad lawyer? We're not upset because he's good.
We're upset because we have to spell his name.
Rami.
Can you get me an appointment with H.
H.
Carrick IV? Hail Mary time already? CARRICK: Russ Abraham? [CHUCKLES.]
Your old man was up there with Santa in my house.
Three that's what we used to call my father.
My granddad was Two.
I'm Four.
You get it.
Three talked about General Abraham constantly.
It was it was annoying as all hell.
Did your staff brief you? You want me to invoke the Command Exception so you can look at the records for Task Force Southwest.
It'd help me get to the bottom of a complicated situation, sir.
Yeah.
I encourage my staff to join me for mindfulness training three times a week.
You can sit in.
I've been on planes for three days.
I'll fall asleep if I try to, you know, meditate.
No, it's not meditation.
It's the practice of mindfulness.
This is the U.
S.
military.
The way you phrase things absolutely matters.
So you went over Coburn's head because you thought my connection to your dad would make me sentimentally receptive to your request.
Pretty much.
It was a nice try, kid.
You sure you won't join us? I got to get back to Quantico, sir.
Thanks for hearing me out.
All right.
General Carrick.
Why not invoke the exception and take a look at the records yourself? If you did it, it wouldn't be undermining General Coburn.
You'd be doing your due diligence.
My due diligence? This is the U.
S.
military.
The way you phrase things absolutely matters.
[CHUCKLING.]
[PHONE RINGS.]
What's up, Trey? What did you say to General Carrick? Look, we knew it was a long shot.
Abe, he released the records.
What? He invoked the Command Exception.
Now, from what I can tell, Toni Poirier is telling the truth.
No one and I mean no one has been diagnosed with a concussion since Hewitt took over as surgeon.
[BEEPING.]
That's Maya.
I'll call you back.
We got the records.
Everything's moving fast here, Abe.
Two of the medical officers serving under Hewitt at Camp Habibi have requested counsel.
What do they need lawyers for? They changed their statement.
They're both willing to testify that Hewitt gave an order to ignore MACE protocols.
The MPs are arresting Commander Hewitt as we speak.
Congratulations.
TREY: Don't touch the dog.
I'm serious.
I've got a lot of facts and figures running through my head.
You sure that's what you want to add to the mix? Judge Corpus trains service animals.
Apparently, the worst thing you can do is pet them.
Breaks down their discipline.
Just don't touch the dog.
BAILIFF: All rise.
Easy day, ladies and gentlemen.
Does the government have any opening statement? Ladies and gentlemen, Lieutenant Colonel Corpus and - Yeti.
- and Yeti.
Good morning.
PFC Ian Morehead stabbed Major Jason Hunt in the stomach while they were serving in Helmand Province, Afghanistan.
Commander Hewitt, the battalion surgeon at Task Force Southwest, issued an order to his staff concerning the MACE, the exam designed to diagnose traumatic brain injuries.
Commander Hewitt, who had his doubts about the effectiveness of the test and who felt that Task Force Southwest was understaffed, issued an order that no one, no one was to fail the MACE on their watch.
This illegal order set the conditions for PFC Morehead's crime.
It led directly to the death of Major Jason Hunt.
Commander Noah Hewitt shares responsibility for the murder of an outstanding Marine.
He has to share in the punishment, too.
Mr.
Papa - demo tropoulos? - [CHUCKLES.]
Thank you, Your Honor.
Feel free to call me Princess if it makes things easier.
My drill instructor sure did, and the name just kind of stuck.
It's been my pleasure to sit opposite Major Ferry and Captain Abraham many, many times.
And they are both just as good as the game.
And you're gonna hear some well-crafted arguments from the government.
But ultimately it comes down to this: it simply can't be proven that Commander Hewitt issued an order to ignore the MACE protocols.
Now, you're gonna hear testimony from some of his staff that say he did, and you're gonna hear from others who say he didn't.
That's "he said, she said" stuff.
I mean, the government is, quite simply, trying to point the finger of blame where it doesn't belong, where it can't belong.
Because we know who killed Major Hunt.
And he's right here in this beautiful courtroom today, flanked by military police.
And his name is PFC Ian Morehead.
My name is Cameron Naldi.
I'm a lieutenant junior grade with the Navy Expeditionary Combat Command, currently assigned to Task Force Southwest.
And why is a Navy officer stationed on a Marine Corps base? Sir, I'm an MSO, a-a medical service officer.
The Marines don't staff medical personnel.
Did your commanding officer, Dr.
Noah Hewitt, call a staff meeting - on August 4, 2018? - He did.
And what was the topic? The MACE exam.
Commander Hewitt told the staff we were to reissue the questions as many times as it took for any injured Marine to receive a passing score.
And did anyone on the staff voice concerns about the order? Lots of us.
And did you follow your C.
O.
's orders? Did you ask the questions on the MACE as many times as it took? Of course, sir.
We all did.
PAPADEMOTROPOULOS: Lieutenant Naldi, how would you describe your relationship with Commander Hewitt? He's the battalion surgeon.
He's my boss.
Do you enjoy serving under him? Objection.
Relevance.
Lieutenant Colonel Corpus, I intend to demonstrate bias on the part of this witness.
I'll allow the question to stand.
He's my commanding officer.
I do what he tells me to do.
But, son, didn't you go over his head to request a transfer out of Task Force Southwest? I did.
So you don't always do what he tells you to do.
- Objection.
- Objection.
That's argumentative.
Sustained.
Don't needle the witness, Mr.
Pa Don't needle the witness.
What was the reason you requested a transfer? I thought I could serve more effectively elsewhere.
But your request was denied.
How many fitness reports did Commander Hewitt issue rating your performance? Three.
And in each of those reports, he describes you as being barely fit for duty, your work hampered by anger management issues.
Did he not? Son? - He did.
- And if this court-martial finds Commander Hewitt guilty of murder, would he still be posted at Camp Habibi? Of course not.
He'd be in jail.
And you would have achieved your goal of escaping his yoke.
- Objection.
- Objection.
The government is under no obligation to deliver its objections in stereo.
Sustained.
I will withdraw the last question.
Nothing further.
I'm Antoinette Poirier.
I was a Navy Independent Corpsman detailed to Task Force Southwest from May 2017 until November of last year.
Can you describe the staff meeting called by Commander Hewitt on August 4? Ms.
Poirier? We had a lot of meetings.
I can't recall at this time.
Ms.
Poirier, when we deposed you, you described the meeting in detail.
I don't remember what happened on August 4.
Not at this time.
Forget the date.
Do you recall a meeting where Commander Hewitt outlined a new policy for issuing the MACE exam? I don't.
Not at this time.
Why are you doing this, Toni? PAPADEMOTROPOULOS: Objection, Your Honor.
- Counsel is leading the witness.
- Sustained.
- Why are you doing this? - Objection! Sustained.
The witness will ignore the question, and counsel will move on or be held in contempt.
Your Honor, the witness's testimony runs directly counter to what she said in her deposition.
The government requests a recess to assess its case in light of the change.
Ms.
Poirier, you maintain you can't recall events you recently described in detail? Not at this time, Your Honor.
CORPUS: Then the request is granted.
I'll see you all tomorrow.
The witness may step down.
BAILIFF: All rise.
Abe, you old-ass leprechaun.
[CHUCKLES.]
: Happy birthday, man.
Um listen, Alex wants to fix you up with somebody, so call her, okay? GLENN: If you're just gonna sit there all night, we're gonna have to start charging you for electricity.
Colonel.
You look, um Yeah, I clean up okay.
Sit.
That is if your ass isn't too sore from court today.
You heard about that? Your star witness recanted right in front of the panel.
What happened? Trey went to go see Toni Poirier after the recess.
She'll never admit this on the record, but I guess, when she was overseas, she had an affair with one of the other officers posted to the battalion aid station.
The guy she used to be with sided with Hewitt.
He came to Toni and told her that he'd tell Princess what happened if she didn't back off.
They'd expose the affair on cross while her husband was watching.
Sometimes it goes the way you planned, and sometimes it's a goat rope.
I'm sorry it happened on Major Hunt's case.
Thanks.
So? Is that it, then? Should I let the CNO know that it's game over? The head of the Navy's been calling you? You've accused one of his officers of a far-reaching pattern of conspiracy and malpractice.
I have also heard from the commandant's office more than once.
I wish you would've told me.
You needed your space to work.
It's my job to get it for you.
Is it gonna cost you? If that panel finds Commander Hewitt innocent, it's gonna cost us all.
So, this doctor's gonna walk? Maybe.
We still have the medical records.
We might be able to leverage that into a little time.
[WHISPERS.]
: Okay.
Okay.
I'm sorry, Al.
[SIGHS.]
You keep acting like I expect everything to work out perfectly.
I'm not some kid.
I know.
But Jason loved the Corps.
He - he deserved better.
- Abe Jason was a Marine, but he wasn't an idea.
He was a man.
He knew the world wasn't perfect.
And he damn well knew the Corps wasn't, either.
And right before he died, he told me he wasn't even sure it deserved what he gave it.
What do you mean? He did love the Marines, like you said, but right before he died, he he told me he wasn't sure how long the Corps would love him back.
Why? I'm not sure.
But the way he said it I don't know, it was weird.
He said he was gonna write me an e-mail.
Do you have Jason's password? ALEX: Sorry, what are you looking for? Jason used to write me these incredibly long e-mails.
I'd ask him how he did it, and he told me that he wrote them over a few sessions.
He'd save the letter in progress in his drafts file.
I guess I'm curious what his beef with the Marines was.
"MACE.
" Like the exam.
You guys finished yet? - 'Cause I really need you to be finished.
- Done.
Done.
And for the record, Trey, you are not a faster reader than I am.
- Scoreboard.
- Please.
I was out with my team.
I've had two beers.
So? So Jason knew Noah Hewitt told his staff to ignore MACE protocols.
- He confronted him about it.
- It's intriguing, - but I don't see what it changes.
- It changes everything.
Jason was going to expose Hewitt, and Hewitt knew it.
- "Hewitt knew it.
- "Thank you, Captain.
I'm aware that it rhymes.
Noah Hewitt had motive to kill Jason.
Right, except he didn't kill Jason.
Not literally, anyway.
I think maybe he did.
And it wasn't just neglect, it was deliberate.
Noah Hewitt murdered Jason, using Ian Morehead as a weapon.
In the billiard room? I'm sorry, Abe, I'm just waiting to hear something you can actually argue in court.
Jason died the same day he confronted Hewitt.
On the night of the murder, Morehead told his bunkmate he was having terrible headaches.
He left for sick bay at 2115 except there's no record of PFC Morehead being treated.
Two hours later, he is spotted near the fence line and he murders Jason.
What did Morehead do with those two hours? Wandered? It's a big base.
No one saw him, no one saw him until he was walking toward the wire.
I think maybe he went to sick bay.
But Hewitt never put it in the log, because he saw an opportunity.
Instead of treating Morehead's symptoms, he made 'em worse.
Now, there are all kinds of ways to agitate someone in a disoriented state.
Oh.
Captain Dobbins sees the beauty of my theory.
Hewitt whips Morehead into a frenzy and then drops him in a spot where he knows Morehead's commanding officer the same guy who is about to wreck Hewitt's career is going to be called in to bail Morehead out.
ABE: Maybe Morehead attacks Jason, maybe he doesn't, but what's the harm in giving it a shot? If it works, you got rid of two problems, two big problems.
Okay, it's an interesting theory, but unless you've got footage of Hewitt taking Morehead out to the wire, I don't see how you prove it.
I have no such thing.
Neither of them show up on the security footage.
We have to seek alternative evidence.
Such as? We're probably not going to find any.
Either way, we need time to look.
Call Princess.
Tell him you want to negotiate a plea in the morning.
You can drag your feet while we dig around.
For how long? No idea.
Can you kill a whole day if we need you to? A filibuster? Honey you came to the right gamecock.
PAPADEMOTROPOULOS: You've been out here for two hours you got a counterproposal for me, or not? There are a ton of deal points here, Princess.
I am working on it.
So I'll respond one by one.
You like that movie? This negotiation is over.
How'd it go on your end? They're all here.
How about you? Please tell me you got something.
I got something.
I think.
BAILIFF: All rise.
Abe, we got to fish or cut bait.
Do you have any news for us, Counselors? Your Honor, may I have a second? [GALLERY MURMURING.]
I'm waiting for an e-mail from Afghanistan.
Someone with the username Get That Ass 23.
- Tell me when it comes in.
- Our case rides on a guy - who calls himself Get That Ass 23? - Just watch the phone.
- Gentlemen.
- I'm gonna buy some time.
Your Honor, the government and the defendant were unable to reach a deal.
We call Commander Noah Hewitt.
[GALLERY MURMURING.]
For what I sincerely hope is the final time, no, I did not treat PFC Morehead on the night he murdered Major Hunt.
And I certainly didn't drive him to the fence line.
I think you did.
I think you used him to kill Jason, because Jason knew about all of the Marines who came to your battalion aid station for help - but left it as your victims.
- PAPADEMOTROPOULOS: Objection.
Counsel is obliged to offer evidence, - not his opinion.
- I'm certain evidence is forthcoming in the very near future.
Victims like Ian Morehead himself, a kid from Skowhegan, Maine, who almost washed out of Parris Island three different times, but he stuck it out because he wanted to serve his country.
A kid who became a Marine, then woke up from a blackout to find himself accused of murder.
Victims like Mateo Lopez - Objection! - Sustained.
a decorated veteran who sleeps on a park bench because he can't hold down - a job anymore.
- CORPUS: Captain Abraham, you are in contempt of court.
Adrian Sorensen couldn't be here today.
He committed suicide.
But his widow would very much like to meet you, Commander Hewitt.
- [GAVEL BANGS.]
- CORPUS: Enough! The spectators are to sit immediately.
Captain Abraham, that outburst earned you a letter of reprimand.
Your next step is 30 days in the brig.
Do you have any questions for the witness, or not? [SIGHS.]
Commander Hewitt, on the night of Major Hunt's murder, did your staff treat a Private Lance Trainor for forehead abrasions? Possibly.
They did.
We have the records.
Exhibit I.
One of your Independent Corpsmen gave him 12 stitches in his forehead.
Would you read from the log and tell us why Private Trainor required attention? It says Private Trainor took a dare.
He, uh he intentionally put his head through the window of a latrine.
And what would you say if I told you that one of Trainor's squad mates took a video of the incident, and in the background of that video, we can clearly see you driving a restrained Ian Morehead in the direction of the fence line? I guess I'd say I'd like to see that video.
CORPUS: Does such evidence exist, Captain Abraham? Your Honor, we're waiting for it.
No, the court has already been more than patient.
- Get That Ass! - CORPUS: I beg your pardon? We have the video, Your Honor.
It just came in.
The government would like to introduce it - as Exhibit J.
- Objection! It's an e-mail attachment.
We'll be ascertaining the provenance of the evidence, but for now the court will take a look.
[SOLDIERS CHATTERING.]
PAPADEMOTROPOULOS: Your Honor, my client wishes to revise his plea and enter a new plea of guilty on all charges.
And in light of this, I'd like to request a recess - to talk a deal with the government.
- [MOUTHS.]
Granted.
This court-martial will resume tomorrow.
[GAVEL BANGS.]
[EXHALES.]
- [SNIFFLES.]
- MOREHEAD: Mrs.
Hunt? I'm so sorry, ma'am.
With everything that I am and everything that I'll ever be, I'm sorry for what I did.
God bless you and your children.
Thank you.
[SIGHS.]
MAYA: Nice work in there.
Am I looking at a new Abe? What is it you like to say? "We're lawyers.
We don't chase ideals, we chase outcomes.
" I believe I got an outcome, too.
Thanks for the assist.
I'm just sorry we didn't get to go head-to-head.
Patience, Captain Dobbins.
All good things in time.
Yeah, I see jokers on my left, thieves upon my right