JAG s04e06 Episode Script

Holy.
Watch Dog Six.
This is Post Five.
We have a small boat in the water.
What's the situation? - Right there, lieutenant.
Two o'clock.
- Damn it.
Don't move! Put your hands behind your heads.
- He's got a detonator, lieutenant.
- Fire.
Dan, we're live at the Naval Base here at Norfolk, Virginia.
We're awaiting the arrival of the terrorist who attacked the USS Wake Island, Sunday night in the Persian Gulf where five sailors were killed.
This is Lt.
Royce Caron.
He is with the Marine's Fleet Anti-Terrorist and Security Team, also knows as F.
A.
S.
T.
Company.
Lieutenant, how do these terrorists manage to slip by security in the first place? I don't know how they slipped in, sir, but they sure didn't slip out.
Thank you very much, sir.
Okay, it looks like the chopper bringing in the captured terrorist is coming in right now.
By the way, a second terrorist was killed during that - Bringing him in, huh? - The helo's landing now, sir.
- Good morning, sir.
- Good morning, Bud.
- Hi.
- Hi.
They were thwarted by the alert response of the ship's deck watch.
Now, the Navy so far has not released any information about the terrorist nor his affiliation.
It looks like the prisoner is disembarking from the helicopter right now.
This is the man who attempted to blow up the United State-- - Hey, isn't that--? - Special Agent Novack.
NCIS must've handed this to the FBI.
Oh, my God.
Someone-- I think a Marine guard just turned around and then shot the prisoner.
Shot the prisoner, God.
L-- The other guards are wrestling the shooter.
What is happening here? - This is Agent Novack.
- I don't care! Move it out! FBI agents are putting him in a car right now.
They're not waiting.
Maybe they're afraid there's another shooter nearby.
I don't know.
I can't tell how badly he's hurt, Dan, but from here, it looked like he was not moving.
We just got word from the FBI that the prisoner died en route to the hospital.
Did he say anything before he died, sir? Like a deathbed confession? No such luck.
All we know is his name is Jaleel Nasseen.
Has anyone claimed him, sir, or taken responsibility for attacking the ship? No, it could be one of a dozen groups.
Hamas, Hezbollah, Mujahedin.
We may never know.
Which makes Corporal Barry's act even more deplorable.
Yeah, deplorable, but understandable.
Five of his shipmates died in the bombing.
Shooting an unarmed man, no matter how loathsome he is, is still murder, commander.
Yes, sir.
I didn't say I condoned it.
I said I understood.
Well, I'm glad you're so understanding, because you will be defending Corporal Barry.
He arrives 0030.
You can talk to him first thing in the morning.
- Or you can pass if you wish.
- No, sir.
I'll take the case.
Good.
Good.
Major, you'll be trial counsel.
Mr.
Roberts will assist you with your prosecution.
Dismissed.
- Yes, sir.
- Aye, aye, sir.
Thank you, sir.
Cheer up.
All you have to do is defend a man who committed murder in front of 50 million witnesses.
Thanks for putting it in perspective.
Hey, the admiral gave you an out.
You didn't have to take this case.
Explain it to her, Bud.
That wasn't an out, ma'am.
It was a challenge.
Oh, which you were too macho to pass up? - Would you pass it up? - I'm just as macho as you.
Come on, lieutenant, we have a case to prepare.
We'll talk.
Well, I'm sure we will.
It wasn't murder, sir.
Then what would you call it? I don't know, sir.
It's just Something told me I had to do it.
Something told you? What, like a voice? I'm not crazy, commander.
Take it easy, corporal.
I didn't say you were crazy.
You had a brother in the Air Force.
Yes, sir.
He died in '96.
In the Khobar Towers bombing in Saudi Arabia.
Along with 18 other American servicemen, commander, and we'll never catch the cowards who did it.
So this was payback for your brother's death? Sir, he attacked us.
He was a threat to my country.
He wasn't a threat when you shot him, corporal.
If you study the terrorist mind like I have, sir, you'd know they wouldn't rest as long as we had him.
There'd be more hostage taking, sir.
More bombings.
No American was safe while he was alive.
I did my duty as a Marine, sir.
And how were you doing your duty, Marine? I eliminated a sworn mortal enemy of my country.
I saved lives.
They go around killing people whenever they want, sir.
Whoever they want.
They call us the Great Satan, sir? They're the Great Satan.
I won't plead guilty, commander.
What I did was right.
Temporary insanity.
That would apply to you, if you think you'd win on a mental incompetence argument.
Mac, at the time he pulled the trigger, he genuinely believed he had to kill that terrorist to save American lives.
His brother was killed in the Khobar Towers bombings.
It was revenge.
He knew what he was doing.
Not at the time he pulled the trigger.
Now, I'm gonna request a 706 hearing.
You can request all the psych hearings you want.
Your client is not mentally incompetent.
- Going anywhere for lunch? - Yeah, as a matter of fact, I am.
Decide to turn yourself in, Rabb? You still going on about that Russian homicide, Novack? I was exonerated, remember? By the military, not by the FBI.
What are you eating there anyway? - Is that a bowl of lettuce? - I've gotta watch my blood pressure.
What do you want? Information.
I'm representing Corporal Barry.
And I should help you because? Because Barry's a good kid.
Got twisted somehow and he made a serious mistake.
- You ever make a mistake, Novack? - Yeah.
By not putting you in prison when I had the chance.
What are you looking for? A link between the dead guy and a terrorist organisation.
You wanna show he was a real bad guy who deserved to die.
- Something like that, yeah.
- I can't help you.
Did Nasseen say anything before he died? If he did, it was classified.
- So he did say something? - I didn't say that.
You know, I can ask you these questions under oath.
You'd get the same answers.
What's the problem, Novack? The prisoner's dead.
- Your case is over.
- No, you know what's over? This meeting is over.
If you'll excuse me.
Ready on the left.
Ready on the right.
All ready on the firing line.
Commence firing.
Cease-fire! Clear rounds all weapons.
Stand back from the firing line.
Lieutenant Caron? Lieutenant Commander Rabb.
I've been expecting you, commander.
I guess you wanna talk about Corporal Barry, sir.
That's right.
What can you tell me about him? Overall, a fine Marine, sir.
A bit short on education, but long on dedication.
Any problems? Issues? When he first joined my unit, he was sharp, alert, and willing to learn.
I figured him for a staff NCO after a few years, but after his brother died-- You know about his brother, commander? After his brother died, something shifted.
- Cease-fire! - Shifted? - How? - He was still a good Marine, but he lost focus, became obsessed.
- With? - Terrorism, sir.
He followed it around the world like a groupie.
When our embassies were bombed in Kenya and Tanzania, he was ready to kick some serious butt.
You think that corporal was of sound mind when he shot the terrorist? I don't know, sir, but I'm glad the guy is dead.
I just wish it wasn't a Marine who killed him.
Lieutenant? Weapon jam.
Excuse me a moment, commander? That's fine.
We're trained to kill the enemy, commander.
Not prisoners.
And you see no basis for a plea bargain, major? Sir, this is as open and shut as a murder case can get.
The members will never buy an insanity argument.
Still, pleading out might be the best course.
Are you suggesting that I offer a lesser charge, sir? No, no, no.
That's up to you.
All I'm saying is be wary.
Rabb's got a deep hat with lots of rabbits.
I have a few tricks of my own, sir.
I'm sure you do, major.
- Yes? - Secretary of the Navy is here, sir.
Send him in.
At ease.
I hope I'm not disturbing anything.
Not at all, Mr.
Secretary.
You know Major MacKenzie? We met after the major's vacation in Russia.
We were just discussing the Barry case, sir.
Good.
That's why I'm here.
Do you foresee any problems getting a conviction, major? Many, Mr.
Secretary.
I wouldn't be doing my job if I didn't.
- But nothing you can't handle? - I hope not, sir.
Do you want me to stay, admiral? No, that won't be necessary, major.
Dismissed.
Aye, aye, sir.
- Take a look at this.
- What is it? A Percival Bertram press conference taped this morning.
What's our super-patriot, great protector of the American way, outraged about now? Watch.
Our government wastes time and resources prosecuting a true American hero, when what they should be doing is punishing countries who support the cowardly cutthroats who attack American citizens abroad.
- He's entitled to his opinion.
- Well, our people share that opinion.
Including many on the Hill whom Bertram helped put into office.
Look, now, Corporal Barry should be punished, of course, but-- Sometimes it's mighty nice to fight fire with fire.
What are we looking at, worst case? Murder, premeditated with intent.
Death penalty or life in prison.
If there were any way, now, legally, of course, to mitigate the punishment, the White House might be very supportive, A.
J.
Well, sir, you know I cannot interfere with the court-martial.
Nor would the president ask you to.
But if there is some way to salvage this boy's life I'll give it some thought, sir.
I've read the psych evaluation report and there's nothing in it that says that Corporal Barry is incapable of participating in his own defence.
Admiral, the report also states Corporal Barry suffered depression after the death of his brother.
Which does not exempt him from accountability for his conduct.
- His conduct is mitigated by his-- - Given the severity of the event-- - It also precludes premeditation.
- All right.
Enough.
Save it for the trial, people.
Opening arguments, 0900 tomorrow.
- Yes, sir.
- Yes, sir.
Oh, and Commander Rabb? Remember the time you discharged a firearm in my courtroom? Yes, sir.
I was a little overzealous.
You were a loose cannon, commander, both figuratively and literally.
But you're older and wiser now, aren't you? - Yes, sir.
- Good.
If you pull a stunt like that again, the next psych hearing will be your own.
- Aye, sir.
- Good day.
- Sir.
- Sir.
Oh, my God.
Someone-- I think a Marine guard just turned around and then shot the prisoner.
He shot the prisoner.
Yeah, l-- The other guards are wrestling the shooter to the ground.
What is happening here? It's unbelievable.
I can't tell how bad he's hurt there, but from here, it looked like he was not moving.
Agent Novack, what we just saw, is that an accurate playback of the murder? - Objection.
Characterization.
- Sustained.
- Excuse me.
Of the shooting incident.
- Yes, it is.
The prisoner was walking away from the helo when Corporal Barry discharged two rounds from his firearm to the prisoner's upper torso.
Your Honour, I'd like to introduce Government's Exhibit Two, the autopsy report stating that the victim died of gunshot wounds to the heart and lung.
Defence stipulates as to authenticity, Your Honour.
Is this the gun that Corporal Barry used? Yes, ma'am, I believe it is.
Did Corporal Barry say anything before or after he fired the weapon? Not that I can recollect.
Did he seem aware of what he was doing? - Objection.
Calls for an opinion.
- I'll rephrase.
What was Corporal Barry's demeanour when he shot the victim? - He was very matter-of-fact.
- Thank you.
Your witness.
Agent Novack, what was the mood of the security team on the day of the shooting? The Marines conducted themselves in a very professional manner.
Except the defendant.
Beneath the professional manner, wasn't there an angry undercurrent, sir? Objection.
Counsel's leading the witness.
No further questions, Your Honour.
Oh, I do have one more question, Agent Novack.
Sorry, Your Honour.
What did the terrorist say before he died? - Nothing.
- I remind you, sir, you're under oath.
The man said nothing before he died.
Really? Your Honour, I reserve the right to recall this witness, sir.
Major MacKenzie, what do you think of the defendant's insanity gambit? That's for the members of the court-martial to decide.
Please excuse us, we can't comment on an ongoing court case.
You were a little hard on Agent Novack in there.
Well, he knows something.
You wouldn't happen to know what that is, would you? - Like what? - I don't know.
Something isn't right about this shooting.
Do we know something, ma'am? We don't, but I think I might know someone who might.
- Major.
- Admiral.
Excuse me, sir.
- I'll be done here in just a second.
- No, I'm in no hurry, sir.
So how goes the trial? Well, I call in my expert witness this afternoon to testify about Barry's mental capacity.
Psychobabble.
I've been reading a lot of psychology for this case.
It's funny how the mind works, sir.
- Is it? - Well, yeah.
For instance, how we reveal things about ourselves without being aware of it.
What sort of things? Well, for example, I get a sense from you, and I could be way off, that there's something you're thinking, but you're not telling me.
Which if there is, it's perfectly fine of course, sir.
I'm sure you have your reasons.
I'm just - That looks great.
Is it pot roast? - Yeah, I cooked some up last night.
Would you care for some, sir? I have plenty.
No, thanks.
United States Warship.
We're trying to move in for a closer look now.
Oh, my God.
Someone-- Oh, my God! Someone-- Commander Onclay, did the accused know that murder was wrong when he killed the prisoner? Yes.
Based on my examination and my observations, I believe he appreciated the wrongfulness of his act.
In other words, he was mentally responsible? - Yes, he was.
- Your witness, counsellor.
Dr.
Onclay, what was Corporal Barry's state of mind on the day he dispatched the terrorist? I believe he was highly agitated.
Guilt-ridden, full of impotent rage.
Guilt-ridden? Why guilt-ridden, doctor? Corporal Barry is trained to fight terrorists.
If a terrorist succeeds, he fails.
Sir, in your report you stated that he didn't believe then nor does he believe now that he committed murder.
That's correct.
No more than a soldier in combat believes that killing the enemy is murder.
So though he knows the murder is wrong, he doesn't think that he murdered? - Something like that.
- Isn't that exactly it, sir? Corporal Barry is unable to recognise that killing a terrorist is wrong.
An assassin, a sworn enemy of the country.
In fact, sir, isn't it true that he believes it's his duty to kill such people? I think that's a fair assumption, based on my observations.
Doctor, if I were to take this weapon and give it to Corporal Barry, would he kill a terrorist with it? I have no way of knowing.
Doctor, isn't it more likely that Corporal Barry would shoot a terrorist than, say, Admiral Morris or Major MacKenzie, or you, sir? Yes, it is more likely based on my evaluation of him.
Doesn't that make him criminally insane? - Not at all.
- Not at all.
Not at all.
Because defending one's country against its enemies is very sane and proper.
Probably the most sane thing that a person can do.
Isn't that true? Well, I don' t know if it's sane or not, but, yes, it does seem proper to defend one's country.
Thank you very much, doctor.
No further questions, Your Honour.
Was Corporal Barry defending his country when he shot the victim? - That's not for me to decide.
- Thank you, doctor.
I think the members of the jury already know the answer to that question.
As you were.
You wanted to see me, corporal? Yes, sir.
Thanks for coming.
Look, juries are unpredictable, but I think we're getting this one on our side.
I got another lawyer, sir.
Excuse me? I said I got another lawyer.
Meaning no disrespect, sir, but you're fired.
Admiral, he gunned down the terrorist on live TV.
I was defending him, and I was getting the job done, sir.
Well, your client or rather ex-client has the right to hire a civilian attorney if he wants one.
I take it you've never been fired before.
No, sir.
Juanita Ressler is a celebrated law professor and litigator.
- Never lost a murder case.
- You know, sir, that is the other thing.
There is no way that a corporal could afford that woman.
Maybe she's doing it pro bono.
In any event, Admiral Morris has approved the change.
You're off the case.
Yes, sir.
- I would have won.
- You would not have won.
- Yeah, that's him there.
- Lieutenant Commander Rabb? I'm Juanita Ressler.
Welcome aboard, ma'am.
I hope we can manage a smooth and painless transition, commander.
I read the transcript.
You put up a good defence.
Apparently not good enough.
- This is Major MacKenzie.
- Sarah MacKenzie.
Professor Ressler, I'm flattered you remembered me.
I didn't.
When I saw your name listed as trial counsel, I researched your background.
You were in my Criminal Law class at Duke.
Yes, you advised me to drop Law, and take up lap dancing.
I see you didn't take my advice.
If you'll excuse me, I'll get your case file.
And now we're adversaries.
Ironic, isn't it? - I hope that doesn't frighten you.
- Not in the least.
Good.
Excuse me.
- May I? - So who called in the big guns? Let's just say an anonymous benefactor.
Well, I assume you are familiar with the UCMJ, MCM, Military Rules of Evidence.
I will be.
What I don't know, my staff can research.
You've done an admirable job of painting Mr.
Barry as-- Corporal Barry.
Thank you.
Painting Corporal Barry as a heroic righter of wrongs.
All he lacks is a cape, mask and sword.
Here's your case files.
Why did you abandon the diminished capacity defence? I didn't.
I augmented it.
With an emotional appeal to a military jury.
Military people know better than anyone the threats this country faces, Ms.
Ressler.
They understand why Corporal Barry did it.
Don't they believe in laws they're sworn to protect? Of course, they do.
They also realise that special circumstances require special actions.
- Like shooting an unarmed man? - What defence do you have in mind? I intend to show Corporal Barry is a victim.
Of? The military system.
She's going for the abuse excuse? That arrogant witch actually believes that she can finesse me with a Twinkie defence.
- I wouldn't underestimate her, Mac.
- Oh, don't worry.
I won't.
- I wanna know who hired her.
- Harm, stay out of it, please.
I don't want a mistrial.
I'm taking that woman out.
A little animosity going there, huh? For 14 weeks, she humiliated me in class.
We'II, I'm not a timid, little second-year law student anymore.
It's payback time.
Dr.
Nichols, you are a psychiatrist and former Marine captain, correct? Yes.
I served for ten years.
Can you explain what happens to a recruit, psychologically, when he goes through Marine boot camp? Essentially, he's subjected to a carefully planned barrage of physical, mental, and emotional demands.
Resulting in? A person with a great loyalty to the Corps and a belief in Corps doctrine.
It sounds like brainwashing.
Would you say that Corporal Barry displays loyalty to the Corps? Very much so, but Corporal Barry is an extreme case.
He took the indoctrination a bit too far.
In what way? The Marines teach, there's two parts to a mission: Task and intent, with intent the more important.
Corporal Barry believes that by killing the terrorist, he carried out the intent of the mission.
He protected his country.
So the brainwashing or indoctrination is the basic reason for his actions? It's certainly a major contributing factor.
Thank you, Dr.
Nichols.
No further questions.
Dr.
Nichols, what did you do before you joined up? What do you mean? Well, you ran with a gang, didn't you? - Yes, I did.
- And yet now you're an MD, a successful psychiatrist.
Why the turnaround? - I grew up.
- I see.
Could it be that the honour, the courage, the commitment, that the Marines instilled in you helped you grow up? Absolutely, major.
Well, it's nice to know that Marine Corps brainwashing doesn't always turn out crazed killers.
- She's good.
I'll give her that.
- Yeah, she is good, Mac.
- You're better than she is.
- Commander.
Was that a compliment? However you wanna take it.
Excuse me.
I have to go.
Major MacKenzie neutralised your Dr.
Nichols pretty good.
I have more psychiatric experts.
Five hundred dollars an hour plus expenses, I hope they're more effective than your former Marine, counsellor.
Sir, you can't go in there.
Commander Rabb, don't tell me you followed me.
I'm sorry, Mr.
Bertram.
Should I call security? No, that's all right, Becky.
Commander Rabb's always welcome here.
I don't believe we've had the formalities.
Percival Bertram.
The mysterious benefactor who had me replaced as defence counsel.
Oh, no reflection on your lawyering skills, commander, but there's no substitute for experience.
May I call you Harm? My friends call me Bert.
Really? They don't call you Percy? Not since I got rich and famous.
Well, I'm going to leave you boys alone, so that you can decide whose is bigger.
Have fun.
There goes a good old gal.
- She's a crackerjack attorney too.
- Crackerjack civilian attorney.
That's what gives her an edge.
She'll do anything for an acquittal.
Even blame the military, and that's a line that you won't cross.
Why are you getting involved in this, Mr.
Bertram? Because I will not stand by and watch that young patriot suffer for doing something that none of us had the guts to do.
Those people can attack us at will.
Beirut, Khobar Towers, World Trade Center, embassies, and now the Wake Island.
We retaliated for the embassies, Mr.
Bertram.
- We'll retaliate for Wake Island.
- How? By blowing up a pill factory in the Sudan? By lobbing some missiles into Afghanistan? We should be going after their governments, their leaders.
But what are we doing? We're going after a bunch of ragtag gorillas stoking around in mountain caves.
Their terrorism will not defeat us, commander, but our complacency will.
We've got to let those bastards know that there's no more open season on Americans.
We have the most powerful nation on the face of the earth.
And by the Lord God, we're going hunting.
Because we are the most powerful nation on the earth, sir, we can't.
Oh, come down from your high moral ground, commander.
- You know you agree with me.
- Part of me, maybe.
But the other part, sir, knows that we are a nation of laws, and that is what makes us great.
Vigilantes like yourself are as dangerous to this country as the terrorists.
Because you believe that, commander, that is why I had you replaced.
Any more witnesses, Ms.
Ressler? No, Your Honour.
Defence rests.
Major MacKenzie, are you ready with closing arguments? Yes, Your Honour.
There's a prevailing attitude out there that someone or something else is responsible for our wrongful conduct.
Abusive parents, a cheating spouse, postpartum depression.
And now Ms.
Ressler has invented a new villain.
Boot camp.
But that's out there.
This is the Marine Corps.
We take responsibility for our actions.
Lives depend on it.
Not one expert witness testified that Corporal Barry has a mental illness.
He's not a paranoid schizophrenic, a psychopath, or a deviant of any kind.
He's an angry young man who decided-- Decided to shoot an Arab.
In our society, rage, no matter how justified, is not a defence.
You have only one recourse.
To find Corporal Barry guilty of premeditated murder.
Oh, my God.
Oh, my God.
Someone-- Yours is a proud and honourable organisation.
I am not here to malign the Corps.
But if there is a flaw in the system, you must recognise it before you can fix it.
Marcus Barry was stripped of his identity, and turned into a Marine.
This should have been a good thing, but something went awry.
Along the way, he lost his innate sense of right and wrong.
Now, the question you must ask yourselves is: Did Corporal Barry, motivated by rage and hatred, kill the terrorist of his own free will? Or did he, driven by an overwhelming sense of duty, instilled in him by the Corps, impulsively kill the terrorist to save his country? Major MacKenzie.
Nice closing.
- Thank you.
So was yours.
- You've become a fine lawyer, Sarah.
But the world lost a good lap dancer, right? That suggestion was not meant to make you leave law school.
It was meant to provoke you to keep you in.
See you tomorrow, counsellor.
- Sir? I have the autopsy report.
- Thanks, Bud.
You should have seen Major MacKenzie today.
- She was great.
- Oh, I bet she was.
Is there something I can help you with? Yeah, something doesn't jive here.
There.
That.
Massive haemorrhaging.
Hemothorax.
What does that mean to you? Lots of bleeding.
- You nailed it, Bud.
- I did? Rabb.
When? Thanks.
The bombing at the American Central Hotel in Riyadh.
Forty people are dead.
But I'm afraid that well may be dry, sir.
Yes, sir.
We'll keep trying.
- What do you want, commander? - Show me the body.
- What? - Show me the body.
I don't have time for this.
There was another bombing.
I'm aware of that.
Show me the terrorist's body.
- He was cremated.
- Bull.
I'm getting tired of you calling me a liar.
Leave, I've got work to do.
Produce the body.
This isn't your case anymore.
Who else knows about this? SECNAV? Attorney general? They will.
How did you know? I knew there was something wrong with the shooting when I realised there was no blood.
They had him in Kevlar.
The bullets broke ribs and knocked him unconscious, but the vest saved his life.
Now, how long were you gonna keep him under wraps, Novack? Until we found the person that masterminded the attack.
If he thinks we have Nasseen, and we're questioning him, he'll go to ground.
We'll never catch him.
That's why I need you to keep this quiet.
Corporal Barry is up on murder charges.
Hey, nobody told him to shoot this guy.
Look, Rabb, you could bust us right now, but what will you gain? Well, at the very least, I'd put an end to a bogus trial.
Granted.
It would also blow our investigation.
Where is your investigation right now anyway, Novack? Nasseen's control was Assyrian.
No name.
He gave Nasseen American, huh? Nasseen told us where he stashed the money.
We retrieved about half of it.
Any chance of tracing the serial numbers? We think so.
Whatever bank gave him the money, most likely recorded the numbers.
Banks often do that when there's a large cash withdrawal.
Once we find the bank, we can backtrack to the source.
- Well, how long is that gonna take? - A couple of days, maybe.
Depending on how difficult they made their financial conduits.
Meanwhile, the guy who masterminded this operation is out spreading terror elsewhere.
All the more reason for you to keep your mouth shut about this.
We have to tell Admiral Morris.
- Now, let's think about this.
- What's to think about? It's a mistrial.
The government falsified evidence and committed perjury.
If Barry could sue us, I'd take his case.
Five minutes ago, you wanted to hang him.
Five minutes ago, he was a murderer.
It's only by chance he's not.
Are you suggesting we let the trial continue, sir? Of course not, but there is a greater good to be considered here.
There are also ethics involved, sir.
Some rules shouldn't be broken.
- Mac.
- No, she has a point.
Admiral, if I may suggest, this really isn't our decision to make.
- Set up the meeting.
- Aye, aye, sir.
What is it, major? Sir, were you aware that Nasseen was alive before today? No, major, I was not.
- But in the kitchen, you-- - Is there something else? No, sir.
Thank you, sir.
I don't understand, sir.
You mean, I didn't kill anyone? The terrorist survived the shooting.
The FBI has him.
- How long have you known this? - We just found out.
- The autopsy report? - Phoney.
Agent Novack misled us.
How about out and out lied? Ms.
Ressler, I'm not gonna try to sugarcoat this.
The government messed up.
Obviously the murder charges will be dropped.
Obviously.
What about assault? Any charges stemming from the shooting will be thrown out.
Of course, he will be discharged from the Corps.
Fine, then if you'll be so kind as to release my client immediately.
Oh, we can do that, but in order to catch the person behind these bombings, we can't reveal that the prisoner is alive.
Are you saying what I think you're saying? We wanna continue the trial, ma'am.
My client was looking at a possible death penalty, while the government played its spy games.
- He's walking.
- Corporal.
You can walk out that door right now a free man, or you can stay and help us.
Help you how, sir? Continue the trial through the verdict and penalty phase.
No.
Absolutely not.
There's a man out there determined to kill-- Determined to kill more Americans.
I'm asking you to stay and help us catch him.
Permission to speak freely, admiral? Shooting that guy, I was wrong, sir.
It's what they do.
I don't wanna be like them.
Now you're telling me I didn't kill anyone.
It's like a second chance.
Ma'am, thanks for your concern and everything.
This is something I've gotta do.
- Of course I'll help you, sir.
- I won't be a part of this.
Counsellor, I don't need to remind you that everything you heard in here is privileged.
Don't worry, admiral.
I won't say anything.
No one would believe me anyway.
Let me know what the verdict is.
Commander.
Do you want your old job back, sir? I have news.
- Not another bombing? - No.
- We back-trailed the money.
- Where? Washington, D.
C.
First Merchants Bank.
You know who has accounts at First Merchants Bank? Commander Rabb and Special Agent Novack, sir.
Come in, gentlemen.
Have a seat.
Well, I understand you're back in the saddle with Corporal Barry.
My little gal quit.
She didn't say why.
Do you know why? Haven't a clue, but you know what they say.
Never a horse couldn't be rode, never a rider couldn't be throwed.
Well, then, what can I do for you? Well, we have some news for you, sir.
We know who financed the Wake Island attack.
- Really? Who? - You.
What in blazes are you talking about? Three months ago, you took a trip to Saudi Arabia.
- That's right.
A business trip.
So? - You met with someone there.
- Who was it? - A Saudi businessman.
We formed a joint venture to build factories in the Middle East.
I was to provide the capital, he was to provide the clients.
So what? That businessman took your capital, and used it to finance the Wake Island attack.
- Probably the Central Hotel as well.
- I'm sure many more to come.
I don't believe you.
You wired $4 million to a bank in Amsterdam.
From there, the money was sent via a letter of credit to a bank in Riyadh.
The cash was withdrawn and taken to Syria.
Here's some of it back.
We found it hidden in an apartment in Damascus.
Are you saying that my money was used to finance terrorist attacks on Americans? That's what we're saying.
The man's name was Fazal Kasi.
I talked to him this morning.
Another cash transfer is due within 48 hours.
Fat chance.
No, sir.
Make that transfer.
Intercept One, this is Control.
Subject is leaving the bank.
Ten four, Control.
We've got him.
Agent Novack just called.
They have Fazal Kasi.
Damn.
There is one small wrinkle.
He's dead.
FBI was about to apprehend him.
He was gunned down in a drive-by.
Two bullets to the heart.
- Are we sure that he's dead, sir? - We're sure.
- Who shot him? - They don't know.
Killers got away.
At least there's one less terrorist in the world.
Yes, sir, and one more murderer.