JAG s10e07 Episode Script
Camp Delta
Extract him.
Yes, sir.
Son of a Spray him.
Come on.
Come on.
Stay still.
Let him go.
He's not secured, Sergeant.
I said let him go! He's U.
S.
Army.
Well, why didn't he say something? Get that thing off! Hey, what time did he call you? Got me out of the shower.
Don't marines ever sleep? Don't ask me.
You're a bit large, sir.
Then let's forget it.
I can handle it.
Is it too tight, sir? I don't want to hurt you.
You're not hurting me.
Start pumping.
Enter.
Yellow light, sir.
I work out five days a week.
I'm eating so much fiber I feel like a bale of hay.
I've never been healthier.
You might want to consider biofeedback, sir.
Would you like me to look into it for you? No, I would not.
It's no problem, sir.
No biofeedback.
Have a seat.
Either of you been to Guantanamo? No, sir.
I've been to Cuba, not Guantanamo, sir.
I was there to recover one of our F-14s.
Were you successful? In a manner of speaking.
It's a bit of a long story You'll tell me about it someday.
Last night Army Corporal Gino Hatanian posed as a detainee in what was supposed to be a training exercise in handling uncooperative prisoners Supposed to be? The scenario was: Hatanian had vital information needed by the CIA.
He was instructed to resist being taken to interrogation.
He resisted so well, three MPs put him in a coma.
A coma? You're not going to keep echoing me, are you, Colonel? Echoing you? No, sir.
I assume the MPs didn't know he was regular army, sir.
Correct.
They were told he was Al-Qaeda.
That's irrelevant.
Brutality is never acceptable.
We established that at Abu Ghraib.
Ah, but this is Guantanamo, Colonel.
The rules of physical duress are vague when it comes to suspected terrorists and illegal combatants.
The MPs may very well have not broken any law.
General Spinoza commands the joint task force that runs the detention center.
He asked the navy to provide a trial team for a court-martial.
Colonel, you'll prosecute.
Commander, you'll defend.
He wants us to prosecute the MPs? The army has its own JAG Corps, sir.
Army JAG feels it'll eliminate any perception of impropriety or command influence if we take it.
I agreed.
Did I make a wrong decision, Colonel? No, sir, of course not.
That'll be all.
Uh, who will preside, sir? Captain Munsen, Navy.
And the court members, General? Mixed.
If there's nothing else? No, sir.
Thank you, sir.
Colonel? Sir? General Spinoza isn't particularly fond of marines, but don't worry he likes the navy even less.
Here are your TAD orders, sir, ma'am.
Your flight to Guantanamo departs from Norfolk in three hours and 45 minutes.
We better get going.
Ten minutes ago, yes, sir.
Hey, Bud.
Oh.
Sorry, sir.
My leg gets a little sore with the damp weather.
Listen, I got to cancel lunch today.
I'm on my way to Guantanamo.
Oh, no problem.
Uh, you know, Mikey's coming up.
We'll go out and get something.
While you're out, you may want to check into a new pair of shoes.
push mitigating circumstances.
Oh, and there's a witness who saw Petty Officer Lyons running out of the PX carrying a bag Mac I've got the files.
I have tried a case before.
Thanks for covering for me.
You know me, always ready to help out a fellow officer.
Especially when the general orders you to.
Mac.
You know, you're heading into a political minefield here.
You won't be prosecuting soldiers for assaulting another soldier.
You'll be prosecuting MPs for abusing a detainee, and the press will be on you like locusts on wheat.
Remember the context.
I appreciate the warning, Sturgis, but you're not my boss anymore.
I'm not speaking to you as a boss.
I'll send you a postcard from Gitmo.
Don't worry, sir.
You couldn't have picked two more impassioned people.
As legal adversaries.
Oh, they feel good.
I'll take them.
Bud, that's the first pair you tried on.
I like them.
Do you have any other brands? Mm-hmm.
Thanks.
Iraq? Afghanistan.
Right, right, yeah.
That's where you guys blew up $20 tents with million- dollar missiles, right? Really had the Taliban on the run.
The minute we leave, they're gonna be back.
You know that, right? You don't even know what you're talking about.
Mike, let it go.
He's entitled to his opinion.
You lost part of a leg.
We got kids coming back in body bags, two, three limbs blown off.
Is it worth it? What is your problem? Other than being tricked into a bloody, unjust, badly-planned war we can't win? Nothing.
Hey, we already won the war, pal.
Why? Because someone declares, "Mission accomplished"?! No.
Because we dragged a murdering dictator out of his hole and put him behind bars.
So, let's get all the dictators, huh? Let's round 'em up, I mean And what are we gonna gain, Mike? I mean, what is this war about, other than imposing our will? It's about our freedom.
What freedom would I have lost if we hadn't invaded Iraq? The freedom to say anything you want, no matter how stupid.
You know, if you don't like what this country does, why don't you leave it? No.
You leave! Oh, yeah! If people like us left, your daughter'd be wearing a burka in five years.
Oh, that is an absurd, idiotic statement You're the idiot, you big fat piece of That's enough.
you knuckle-dragging storm trooper.
Sieg heil! Oh! Oh, I'm sorry.
I- I thought you were going to hit him.
You broke my nose! Oh, God! General Cresswell tells me you're two of his best lawyers.
Well, that's awfully kind of the general, sir Don't waste my time with false modesty, Commander.
Are you good or not? We get the job done, sir.
Spoken like a true marine.
Thank you, General.
Will you be defending all three men, Commander? Unless someone objects, sir, or there's a conflict of interest.
No one's pointing the finger at anyone else, if that's what you mean.
I'll wait till I interview the accused, sir, before I make my determination.
Hmm, won't take my word for it.
Good.
You'll have full cooperation, access to records, facilities, support staff, MPs, detainees, whatever you need.
I understand there's a videotape of the incident, General? There is.
Unfortunately, it's been misplaced.
I'd appreciate a copy as soon as it's been located, sir.
Absolutely.
Captain Schooner will show you to your offices.
Commander Rabb? Captain Tam, Army Trial Defense Service.
I just got in from Fort Stewart.
Oh, hello, Captain.
So, is that my desk? They didn't tell you? Apparently not.
I'll be assisting you, sir.
Captain, I didn't request assistance from Army JAG.
CINCSOUTH felt the army should have some representation in this rodeo.
You could say I'm kind of a political appointee.
Look, uh, Captain You can refuse my services, of course, sir.
But I'm a damn good lawyer.
I'm yours for free.
All right.
Well, you should know that General Spinoza says the videotape of the incident has been misplaced I'll get on it.
Before we do that, we're going to start interviewing our clients.
Firstly, we'll interview Staff Sergeant Lantana.
He was in charge of the MP detail.
You must be the defense team.
That's right.
I'm Brett Orman.
This is Staff Sergeant Lantana.
He wants to confess.
Sir, I take full responsibility for what happened to Corporal Hatanian.
Who are you? I just told you.
Brett Orman.
I work for Ajax, a private defense firm.
A civilian contractor.
That's right.
What's your interest in this case? I was the one who asked Staff Sergeant Lantana to bring the detainees to the interview room.
Staff Sergeant, I'm Commander Rabb.
This is Captain Tam.
We're your legal representation.
You'll not take responsibility nor will you make any further statements without our consultation.
Is that understood? Yes, sir, but I'm willing to plead guilty if it'll help my men.
Nobody's pleading guilty, Staff Sergeant.
Now, Mr.
Orman, we'd like to speak to our client alone.
Guard.
Of course.
As you were, Staff Sergeant.
Have a seat.
Sorry, sir.
I've never had to deal with this kind of thing before.
That's all to your credit, Staff Sergeant.
What you need to understand is that we're on your side.
Now take a breath and, uh, tell us what happened.
Okay.
the Internal Reaction Force.
One second, please.
Continue.
Uh we go in when a detainee threatens another detainee or a guard, or, uh, causes a disturbance.
Are you armed? Only with pepper spray, ma'am.
No firearms or stun guns.
Did you know this particular call was a training exercise? No, ma'am, they told us the detainee in Cell D-436 was an Al Qaeda terrorist with vital information.
They? Intel.
They told us to take him to Mr.
Orman for questioning.
They-they warned us that they had to pepper-spray him earlier because he a-assaulted a guard.
What happened when you got there? He was hunkered down under his bunk.
We tried to coax him out.
He resisted, so we got a little more physical.
You put the guy in the hospital, Staff Sergeant.
I'd call that pretty darn physical.
He has a concussion and damaged trachea.
Brain damage? We won't know till he wakes up.
And when will that be? There's no way of telling, but if I don't see signs of improvement soon, I'm sending him to Walter Reed.
Most of the injuries are internal.
You get many of these, Doctor? The majority of detainees suffer from constipation or sprains from playing volleyball and soccer.
But you have had other types of injuries? Yes.
Due to beatings? I've treated patients for abrasions and bruises.
Due to beatings, Doctor? Possibly.
Has your IRF team beaten up any other detainees, Staff Sergeant? Ma'am, we use the minimum amount of force necessary to get the job done.
You Does that include softening up captives for interrogation? Not in so many words.
What does that mean? Ma'am, you'll have to talk to Intelligence about that.
You need to be candid with us.
We're here to help you.
With all due respect, ma'am, you don't sound like it.
I hope you don't mind me talking while you interrupted.
I apologize if I was a little over - assertive, Commander.
Being assertive is fine.
Just remember you're second chair, Captain.
Yes, sir - I just thought that Colonel MacKenzie will try to establish a pattern of behavior showing that MPs regularly use coercion and force.
She'll find detainees who witnessed the incident, put them on the stand No, she won't, because she knows I'll attack their credibility.
Yes, but I'm talking now, Captain.
Please, before you start worrying about the prosecution's strategy, we need to gain our client's confidence, and we're not going to be able to do that if you keep attacking him.
I was playing devil's advocate, sir.
Well, the devil has enough advocates.
Start representing your client.
Sweetie, are you okay? Oh, I'm good.
How are you? I'm fine.
Do you know that they have Bible study class in there now? Jails have sure changed since my time.
You didn't have to come, Dad.
Hey, what am I going to do, sit here and watch you rot in jail? Besides, I wanted to see how my new grandsons are doing.
They're fine, Dad.
Dad put up your bail.
I appreciate that.
Sorry to be trouble, Dad.
Hey, no need to apologize.
From what I hear, the son of a bitch had it coming.
Hell, it's about time I saw you show some grit anyway.
You know, one time I was on leave in, uh, Subic Bay.
This cretin tried to steal my wallet.
I chased him all the way I just got off the phone with the Fairfax County Commonwealth Attorney's Office.
Care to venture a guess who we talked about? Me, sir? You, sir.
He informed me the Commonwealth of Virginia is charging you with assault.
So I've heard, sir.
So you've heard? Were you ever going to tell me? I didn't want to burden you with my personal problems, General.
A JAG officer brawling in public is not a personal problem, Commander Roberts.
When he's in uniform under my command, it's my problem.
Did you know about this? No, sir.
Did you attack this civilian? Yes and no, sir.
Uh, he attacked my brother with a shoe, and I was trying A- a shoe? Yes, sir, a wing-tipped Oxford.
Why? The gentleman had said some disparaging remarks about the military.
My brother Mikey's a midshipman at the Academy.
He took offense, heated words were exchanged, and So you hit a wingtip-wielding history teacher because he insulted the navy? Well, not just the navy, sir.
The Marine Corps as well.
Are you trying to manipulate me, Commander? No, sir.
If you're convicted, your Naval career is over.
You know that.
I expect to be acquitted, sir.
You're a member of the Virginia Bar, Commander.
You'll volunteer as defense counsel.
Aye, aye, sir.
Make this go away.
Do my best, sir.
After the civilians are done with you, Commander Roberts it'll be my turn.
That'll be all, gentlemen.
Dismissed.
Aye, aye, sir.
Aye, aye, sir.
Specialist Scanlon, anything you say in this room is protected by lawyer - client privilege.
Was Corporal Hatanian violent or otherwise threatening? Yes, sir.
How? Sorry.
Did he attack you? He kicked me in the chest.
If we hadn't taken him down, he might've hurt somebody.
Look, now I know the guy was acting and all, but at the time, we thought it was real.
Is this how you would normally treat a prisoner? We use force to subdue violent and recalcitrant prisoners- yes, sir.
You thought the prisoner was a terrorist with vital information.
Were you ordered to soften him up? Well, sometimes, we're encouraged to "fear up" certain high-value prisoners.
By whom, your officers? No, sir, by the OGA, or I should say, the civilian contractors who work for 'em.
General.
Colonel MacKenzie.
How goes the battle? Well, let's see, General.
My key witness is in a coma, and a vital piece of evidence is missing, but aside from that, I'm in great shape.
Glad to hear it.
Speaking of that, any word on the tape, sir? I'm certain it'll turn up.
Seems a lucky coincidence for your men that it's missing, sir.
Well, subtlety isn't high on your list of accomplishments, is it, Colonel? No, sir, but tenacity is.
You'll have the tape when we find it.
If it hasn't been destroyed, sir.
don't make accusations you can't back up.
When I'm ready to make an accusation, General, I'll back it up.
Excuse me.
My chow's getting cold.
Roast lamb today.
Enjoy your lamb, General.
We're either the first line of defense against terrorism or a symbol of Washington's willingness to defy international law.
Depends on who you talk to.
We observe Islamic dietary laws.
We provide a Koran, prayer beads, prayer rug, and an arrow painted on the floor pointing toward Mecca.
If they cooperate.
Correct.
Cooperation earns privileges.
Lack of cooperation, we take away privileges.
Keep in mind, Commander: these people are not soldiers of any country.
They're illegal combatants not entitled to prisoner of war status and not protected by the Geneva Conventions, and we do everything in our power to treat them humanely.
I that what they're yelling about? Thanks for the humane treatment? They're demanding lawyers to plead their cases now that the Supreme Court ruled they have the right.
And will they get the opportunity? They'll get a fair hearing.
What did you do before you worked with the Agency? I don't work for the CIA.
Like I said, I work for Ajax.
Well, Ajax is contracted by the CIA.
I was with the Army Special Forces.
Is that where you learned your interrogation techniques? Some.
Some I picked up on the job.
Like having the MPs soften up the prisoners before you question them? I don't micromanage the guards, Commander.
They do what they do.
Without any guidance from you? I understand you have to defend Staff Sergeant Lantana and his men.
I'd like to help you, but I never ordered anyone to beat a prisoner senseless.
Commander Rabb.
Excuse me.
Corporal Hatanian's awake.
Only a couple of minutes, Commander, no more.
How you feeling, Corporal? A little woozy, sir.
Well, we won't keep you long.
I'm Commander Rabb.
This is Captain Tam.
You remember what happened to you, Corporal? Three MPs came.
They dragged me out choked me.
I hit my head, and that's all I remember, sir.
Did you recognize any of them? No, sir.
I'm with Army CID.
Could you identify them if you saw them again? I could, ma'am, but I won't.
Excuse me? I won't I.
D.
them, Colonel, and I won't testify against them.
The MPs almost killed you, Corporal.
You-you have a concussion, a crushed windpipe It was a training exercise, ma'am.
They didn't know that I was one of them.
That's beside the point.
If you were a real prisoner, beating you up would still be wrong.
If the beating was intentional.
You haven't proven it is.
Yet.
Listen, if they did this to you, they'll do it to other defenseless prisoners.
I don't care, ma'am.
Corporal? These "defenseless prisoners" are killers, Colonel.
They'd cut our throats in a minute if they could.
That doesn't make it right for us to abuse them.
So we make them stand there naked, wear ladies' underwear.
So what? They traveled hundreds, thousands of miles to kill Americans.
You can't believe how much they hate us.
Think of 9/11.
Those are the guys, ma'am.
Not all of them.
That's why we're here, ma'am to find out which ones.
I can have you ordered to appear, force you to testify.
I'm sorry, Colonel.
My memory's not so good.
Must be my concussion.
Do you condone this? Corporal I know you want to protect these guys.
Believe me, I want to help them, too.
They're my clients.
But you need to tell the truth.
Let a jury decide.
Sorry, Commander.
My head really hurts.
I have no idea what you're talking about.
We were talking about Iraq, Afghanistan, the war.
I thought we were having an adult conversation.
Then suddenly they became abusive, and pow! He broke my nose.
You're a history teacher? Correct.
I teach at Emerson High School, in Seven Corners.
So you're used to discussing war, history, world events? Sure.
I get passionate sometimes, but I don't hit people.
He resorted to violence because he had no words.
That's typical of the military mentality.
That's how we got in the Iraqi mess in the first place.
Objection.
Witness is sermonizing.
Overruled.
Pay attention, lady.
Staff Sergeant Efren Lantana, Specialist Ray Scanlon, Private First Class Nathaniel Courier, you are charged with violation of UCMJ Articles 128, assault, maltreatment, and dereliction of duty for willfully failing to protect a prisoner from abuse and maltreatment.
How do you plead? Not guilty.
Not guilty, sir.
Corporal Hatanian suffered a severe impact to the skull, causing a temporary alteration in neurological function.
In other words, a concussion.
Yes.
Luckily, there was no brain damage.
At least none that I could detect.
What other injuries did he sustain? His windpipe is inflamed from pressure around his throat.
What caused these injuries, Doctor? The man was beaten and choked.
How many similar cases have you treated? Objection.
The accused are not on trial for other alleged beatings.
Your Honor, I intend to establish a pattern of behavior proving the culture at Camp Delta accepts, even encourages, prisoner abuse for the purpose of eliciting information.
Counsel is on a fishing expedition, Your Honor.
This is a court-martial, not a Senate investigation.
So you admit a Senate investigation is appropriate.
Colonel MacKenzie Your Honor, I'm trying to bring everything out into the open.
After Abu Ghraib, the military can't afford the appearance of a cover-up.
That reference is inflammatory and gratuitous, Colonel.
Tactics like that won't cook in my courtroom.
I apologize, Your Honor.
Commander, I'm going to overrule your objection because I want to hear the answer.
Not because I'm afraid of being accused of a cover-up.
Major, how many similar cases have you treated? Less than a dozen, sir.
None this severe.
That answer your question, Colonel? Yes, sir.
Thank you.
No further questions.
Doctor, could Corporal Hatanian's injuries have resulted from a struggle, rather than a beating? How so? Well, for instance, his concussion could have been the result of accidentally hitting his head on the metal bunk when the M.
P.
s dragged him out from under it.
It could have.
And the compression of his trachea could have resulted in any number of ways as he violently resisted.
I wasn't there, but it's possible.
Thank you, Doctor.
No further questions.
Doctor, could the bruises around the Corporal's throat be caused by "accidentally" sticking his neck into a pair of hands and choking himself? I withdraw the question.
Mr.
Flanzer, you stated you were having an adult conversation, and then "pow," Commander Roberts broke your nose.
That's right.
Well, did your part of this conversation include such phrases as, "knuckle-dragging storm troopers"? I didn't mean that literally.
Is that what you call your students when they disagree with you in class? Objection.
Sustained.
And when you raised your arm in a threatening manner and shouted, "Sieg Heil," did you mean that literally? Of course not.
Just a part of your "adult conversation"? Objection.
Sustained.
Did you threaten the defendant's brother with a shoe? That's ludicrous.
I might've picked up a shoe, but we were in a shoe store, for God's sake.
I certainly didn't threaten anyone with it.
You didn't raise it as if to strike someone? Objection.
Asked and answered.
Sustained.
Put your shoe back on, Counselor.
Isn't it possible that Commander Roberts thought you were going to hit his brother? I don't know.
Maybe.
And his hitting me was what, a preemptive strike? We know how much the military loves those.
Your Honor Just answer the questions, Mr.
Flanzer.
Yes, ma'am.
Are you aware that Commander Roberts lost his leg while on a humanitarian mission in Afghanistan, saving a young boy from a minefield? Objection.
Irrelevant.
Sustained.
Exception.
Noted.
Any further questions? No, ma'am.
I'm done with this witness.
This court is recessed until 9:00 a.
m.
tomorrow.
You nailed him.
With this judge, I don't know.
Mr.
Rasuli, how long were you incarcerated at Guantanamo? Why were you released? I was no longer "dangerous.
" Would you, uh, describe your experience here? Horrible.
A nightmare.
They pepper-sprayed me, they pinned me down, they poked their fingers in my eyes.
They forced my head into the toilet, and they promised to send me to an Arab country for torture.
Were you beaten, as well? Once.
They tied me up, and they punched and they kicked me, then they dragged me out of my cell and into the recreation yard, where they just left me to lie in the sun all day.
Thank you.
No further questions.
Where were you raised? England.
My parents came there from Jordan when I was very young.
And you were educated in English schools? Yes.
A British subject with Jordanian parents.
Why were you in Afghanistan? I was visiting friends.
Friends in the Taliban? Objection.
Mr.
Rasuli is not on trial here.
Counsel's reference to the Taliban is immaterial and prejudicial.
Sustained.
Move on, Captain.
When were you released, Mr.
Rasuli? About nine months ago.
Why'd it take you so long to come forward with these allegations? I was too traumatized to speak up until now.
Because you were beaten every day? It was not every day.
It was once, as I said.
One time.
Out of 20 months.
Were you fed three meals a day according to Muslim dietary laws? Yes.
Did you receive medical care, clothing, shoes, showers, toiletries, the opportunity to worship, the means to send mail? Yes, but I was still a prisoner in a cage.
Please look at the three men at the defense table.
Can you identify any of them as the ones who allegedly mistreated you? They all look alike to me.
Thank you.
I have a question, Mr.
Rasuli.
Did you file a lawsuit in the British courts seeking $10 million compensation from the U.
S.
government for your detention here in Guantanamo? Yes.
They should pay me for my mental anguish and my lost time.
So you have a personal interest in establishing that detainees are mistreated here.
I'm telling the truth.
Well, the problem is, that judge doesn't like you too much.
Oh, you think? I think she and that DA are getting it on.
Oh, Dad, please.
I just ate.
Say, are you sure Turner's the right guy for this job? Where's Rabb? In Guantanamo, and, yes, Commander Turner is an excellent attorney.
I have complete faith in him.
Well, I'll still feel a lot better when you're on the stand tomorrow, son.
I just hope I can help.
Sure you can.
Just don't slant it too much.
Slant it? Yeah.
Just don't be too obvious.
I don't want him to lie.
I'm not saying to lie.
I'm saying accentuate the positive.
You tell 'em what you saw, Mike.
Hey, you don't want my help Dad, of course they want your help.
Just not anything that involves perjury.
Fine.
Do what you want.
Hey! Where are you going? I got a date.
And you know, once in a while it wouldn't hurt you to listen to your old man.
Cap you'll want to look over this witness list.
I found the tape, sir.
It was in the recycle pile.
I'm sure it wasn't deliberate.
Nice job.
I'll inform Colonel MacKenzie.
Extract him.
Let him go.
I said let him go! He's U.
S.
Army.
Well, why didn't he say something? Get that thing off! I'll want a copy of that.
We'll see that you get one.
We're fighting a losing battle now, sir.
They're the only kind worth fighting.
Play it again, Tam.
Just the man I'm looking for.
What can I do for you, Master Chief? I had a date last night.
Ordinarily, I'd love to hear about your love life, but I've got to be in court in 35 minutes.
Well, I wouldn't worry about that too much.
Lana's going to be late.
When I left, she was just falling asleep.
Lana? Yeah, that court reporter? Very nimble fingers.
Too much information.
Is this too much information? Judge Mayfield hates the military.
Now, why would you say that? Because she had a son who was recently killed in action in Fallujah.
I'll bet you could get a mistrial.
You got to do something.
You're losing.
This conversation never happened.
Rabb would've done something! Mr.
Orman, can you describe some of the more aggressive methods you used to extract information from prisoners? Lengthy questioning, misinformation about another prisoners' disclosures, perks for cooperating.
And if the subject doesn't want to cooperate? If he's a high-value intelligence source, we turn up the heat.
Meaning? Psychological and/or physical duress.
Can you be more specific for the members, please? Blindfolding, shackling, high decibel music, isolation, uncomfortable positions, heat, cold.
Humiliation? If you mean, do I make them strip and simulate sex acts, no.
Any other types of physical duress? Uh, waterboarding, beatings? I never ordered anyone waterboarded or beaten.
Your Honor, with your permission, I'd like to show a tape to the court.
Let him go.
I said let him go! He's U.
S.
Army.
Get that thing off! Are you saying, Mr.
Orman, that the accused acted on their own? Objection.
Leading the witness.
I'll rephrase.
To your knowledge, did anyone order the accused to remove the occupant of cell D-436 by beating and choking him? No.
Not to my knowledge.
Mr.
Roberts, did you feel threatened in any way when Mr.
Flanzer launched his dread shoe attack? Your Honor Lose the sarcasm, Mr.
Wilson.
Sorry, Judge.
Did you feel threatened? No, not really.
So your brother's violent response was unnecessary and excessive, wasn't it? I guess it was a little unnecessary, yeah, but he was just Has your brother ever displayed fits of rage before? Objection.
Goes to predisposition toward violence, Your Honor.
Overruled.
What a surprise.
Not rage, exactly.
He did go off on me once, when I lost his son at a mall, but it was my fault, and I found him later.
So with sufficient provocation, he displays uncontrolled anger.
Thank you for your candor.
Midshipman, even though you didn't feel threatened in the shoe store, could your brother have believed you were in danger? Absolutely, sir.
Why? Because that guy was out of control, getting in our faces like that.
We didn't do anything to provoke him, except maybe wear our uniforms.
So I could see why Bud might think he was a loose cannon.
Now, you stated that your brother "went off on you" because you lost his son.
When that happened, did he hit you? No, sir.
Did he ever hit you? No, sir.
Not even as kids? No.
Bud's just not that kind of person, ma'am.
He's a nice guy.
Thank you, Midshipman.
Did you ever ask the guards to help you set conditions for a successful interrogation? Yes, using the carrot-and-stick approach.
The stick being? Denying privileges, fear, intimidation.
But not beatings.
So you don't believe in torture.
I didn't say that.
But the wanton infliction of pain is counterproductive to effective intelligence gathering.
Pain is not as great a motivator as fear of pain.
Well, I'll defer to your expert knowledge.
Who do you receive your authorization to inflict this "fear of pain" on your high-value prisoners? My company.
Ajax.
And what government agency is Ajax contracted to? I don't know.
Well, let's see what you do know.
I'm going to play the tape again.
Just the last part.
He's U.
S.
Army.
Get that thing off! Now I'm going to play it forward from here in slow motion.
Is that you in the red hat, Mr.
Orman? I never ordered that beating.
You didn't stop it, though, either, did you, Mr.
Orman? You always get the MP's to do your dirty work for you? It's not dirty work.
It's what we do to fight terrorism.
The Pentagon's memo last June stated that the president can legally authorize some forms of torture for detainees.
Even if I sanctioned that beating, which I did not, there's so much confusion over the issue, who can say what's lawful and what's not? Bud is the kindest, gentlest man I've ever known.
And he hates violence, and he rarely loses his temper.
And when he does, he just gets that cute, little pouty-thing around his mouth.
Didn't your husband get into a barroom brawl the night of his bachelor party? Oh, that wasn't a brawl.
He got beaten up by a pregnant stripper.
Ah.
Yet another assault by a pregnant stripper.
Sorry, Judge.
For a gentle man, your husband seems to get into a lot of fights.
No more questions.
The witness may step down.
Any more witnesses, Commander Turner? A motion, Your Honor.
I move that the Court declare a mistrial and remove itself from the proceedings.
On what grounds? That the Court, having recently suffered a personal loss, is biased against the military.
Commander Turner, your allegation of bias is frivolous.
It is also insulting to this Court, and it smacks of desperation.
Now you obviously dug into my personal life, which you had no business doing.
Your motion is denied.
I'll hear closing arguments tomorrow.
In the meantime, Commander, I'm going to consider charging you with contempt.
Court is recessed.
General Spinoza, do you support a policy of controlled manipulation of detainees here? For the purpose of extracting information, yes.
But per a directive issued by the Secretary of Defense, the policy precludes inflicting severe, intentional pain or causing permanent damage.
Well, sir, do you believe that my clients were within the framework of that policy when they forcefully removed Corporal Hatanian from his cell, sir? Yes, they were.
Thank you, General.
No further questions.
Well, then, General, I'm confused.
If you believe the accused did no wrong, why did you convene this court-martial? To publicly respond to those who believe we are violating detainees' rights.
And what is your response, sir? Applying duress to a detainee is as repugnant to me as it is to anyone, but extreme peril demands extreme measures.
Aggressive interrogation helped us locate Saddam Hussein, neutralize two-thirds of Al Qaeda's top operatives, revealed their recruiting methods and uncovered terrorist plots.
Some consider what we do here immoral, maybe even illegal.
But we save American lives.
At the risk of losing American souls.
I believe that deep down inside, the vast majority of our citizens are glad that we're here, whether they admit it or not.
And if you're wrong, sir? Then, should that time come, I'm prepared to answer for my actions.
To whatever authority demands it.
We have the right to defend ourselves, whether the weapon is a gun or a shoe.
However, we must know the difference between an imagined threat and a real one.
In other words, you just can't go out and hit someone because you think they're going to hit you.
Preemptive action is illegal, unless the attacker clearly demonstrates his intention to inflict harm.
In the heat of the moment, tempers are flaring, words exchanged, I can see how a reasonable person might perceive an upraised arm as a threat.
I am convinced that Commander Roberts thought his brother was in danger and he acted in his defense.
I therefore find the defendant not guilty of assault.
Court is adjourned.
You did it.
You did it.
Commander Turner.
Yes, ma'am? I lost a son in Iraq.
But I still have a daughter there, and she's serving in the Third Armored Cavalry Regiment, and I respect her decision to serve.
So next time, you think twice about accusing a judge of bias.
Yes, ma'am.
Congratulations, son.
Oh, thank God.
Thank God.
Bud, I'm sorry about up there, I Hey, you did great.
I'm proud of you, Mike.
I'm proud of you, too, honey.
Oh, it would have been so much better without that pregnant stripper thing.
Honey, you're the only pregnant stripper that I care about.
I better be, sailor.
I'd congratulate you, Commander, but you should never have been in the situation to begin with.
I agree, sir.
Still, I can't help feeling a bit relieved.
Before you feel too relieved, I just got a call from Judge Mayfield.
She strongly recommends you attend anger management classes.
I concur.
But I don't have a problem with anger.
Bethesda has a program.
Enroll yourself.
Aye, aye, sir.
On the charge and specification of assault, not guilty.
On the charge of dereliction of duty, not guilty.
On the charge of maltreatment, guilty.
Extenuation and mitigation tomorrow, 0900.
This court's in recess.
Congratulations, Colonel.
For what? Winning.
I didn't win.
Your guys lost.
I'll recommend punitive discharge, no confinement.
I'll let my clients know.
I'm sure they'll be thrilled.
Commander, if you don't need me anymore It's been a pleasure and an education, sir.
It certainly has.
Captain, good luck.
Colonel.
A little reining in and she'll make a fine lawyer one day.
That's what they said about you ten years ago.
So do you think the vast majority of Americans support what we're doing here? I don't know if the vast majority do, but enough.
Sir.
You did a fine job.
Both of you.
Thank you, General.
Do you feel you justified your actions to the American public, sir? Well, what do you think, Colonel? I think you sacrificed your men in a desperate pursuit of public absolution.
I think the wrong people were on trial, General.
Based on what? Your vast leadership experience? Your record of tough command decisions? No, sir, based on my opinion of what's fitting and just.
You come serve under me, Colonel.
Then your opinion will be worth something.
Meanwhile, you want to put me on trial, you know where to find me.
Gedownload van Bierdopje.
com
Yes, sir.
Son of a Spray him.
Come on.
Come on.
Stay still.
Let him go.
He's not secured, Sergeant.
I said let him go! He's U.
S.
Army.
Well, why didn't he say something? Get that thing off! Hey, what time did he call you? Got me out of the shower.
Don't marines ever sleep? Don't ask me.
You're a bit large, sir.
Then let's forget it.
I can handle it.
Is it too tight, sir? I don't want to hurt you.
You're not hurting me.
Start pumping.
Enter.
Yellow light, sir.
I work out five days a week.
I'm eating so much fiber I feel like a bale of hay.
I've never been healthier.
You might want to consider biofeedback, sir.
Would you like me to look into it for you? No, I would not.
It's no problem, sir.
No biofeedback.
Have a seat.
Either of you been to Guantanamo? No, sir.
I've been to Cuba, not Guantanamo, sir.
I was there to recover one of our F-14s.
Were you successful? In a manner of speaking.
It's a bit of a long story You'll tell me about it someday.
Last night Army Corporal Gino Hatanian posed as a detainee in what was supposed to be a training exercise in handling uncooperative prisoners Supposed to be? The scenario was: Hatanian had vital information needed by the CIA.
He was instructed to resist being taken to interrogation.
He resisted so well, three MPs put him in a coma.
A coma? You're not going to keep echoing me, are you, Colonel? Echoing you? No, sir.
I assume the MPs didn't know he was regular army, sir.
Correct.
They were told he was Al-Qaeda.
That's irrelevant.
Brutality is never acceptable.
We established that at Abu Ghraib.
Ah, but this is Guantanamo, Colonel.
The rules of physical duress are vague when it comes to suspected terrorists and illegal combatants.
The MPs may very well have not broken any law.
General Spinoza commands the joint task force that runs the detention center.
He asked the navy to provide a trial team for a court-martial.
Colonel, you'll prosecute.
Commander, you'll defend.
He wants us to prosecute the MPs? The army has its own JAG Corps, sir.
Army JAG feels it'll eliminate any perception of impropriety or command influence if we take it.
I agreed.
Did I make a wrong decision, Colonel? No, sir, of course not.
That'll be all.
Uh, who will preside, sir? Captain Munsen, Navy.
And the court members, General? Mixed.
If there's nothing else? No, sir.
Thank you, sir.
Colonel? Sir? General Spinoza isn't particularly fond of marines, but don't worry he likes the navy even less.
Here are your TAD orders, sir, ma'am.
Your flight to Guantanamo departs from Norfolk in three hours and 45 minutes.
We better get going.
Ten minutes ago, yes, sir.
Hey, Bud.
Oh.
Sorry, sir.
My leg gets a little sore with the damp weather.
Listen, I got to cancel lunch today.
I'm on my way to Guantanamo.
Oh, no problem.
Uh, you know, Mikey's coming up.
We'll go out and get something.
While you're out, you may want to check into a new pair of shoes.
push mitigating circumstances.
Oh, and there's a witness who saw Petty Officer Lyons running out of the PX carrying a bag Mac I've got the files.
I have tried a case before.
Thanks for covering for me.
You know me, always ready to help out a fellow officer.
Especially when the general orders you to.
Mac.
You know, you're heading into a political minefield here.
You won't be prosecuting soldiers for assaulting another soldier.
You'll be prosecuting MPs for abusing a detainee, and the press will be on you like locusts on wheat.
Remember the context.
I appreciate the warning, Sturgis, but you're not my boss anymore.
I'm not speaking to you as a boss.
I'll send you a postcard from Gitmo.
Don't worry, sir.
You couldn't have picked two more impassioned people.
As legal adversaries.
Oh, they feel good.
I'll take them.
Bud, that's the first pair you tried on.
I like them.
Do you have any other brands? Mm-hmm.
Thanks.
Iraq? Afghanistan.
Right, right, yeah.
That's where you guys blew up $20 tents with million- dollar missiles, right? Really had the Taliban on the run.
The minute we leave, they're gonna be back.
You know that, right? You don't even know what you're talking about.
Mike, let it go.
He's entitled to his opinion.
You lost part of a leg.
We got kids coming back in body bags, two, three limbs blown off.
Is it worth it? What is your problem? Other than being tricked into a bloody, unjust, badly-planned war we can't win? Nothing.
Hey, we already won the war, pal.
Why? Because someone declares, "Mission accomplished"?! No.
Because we dragged a murdering dictator out of his hole and put him behind bars.
So, let's get all the dictators, huh? Let's round 'em up, I mean And what are we gonna gain, Mike? I mean, what is this war about, other than imposing our will? It's about our freedom.
What freedom would I have lost if we hadn't invaded Iraq? The freedom to say anything you want, no matter how stupid.
You know, if you don't like what this country does, why don't you leave it? No.
You leave! Oh, yeah! If people like us left, your daughter'd be wearing a burka in five years.
Oh, that is an absurd, idiotic statement You're the idiot, you big fat piece of That's enough.
you knuckle-dragging storm trooper.
Sieg heil! Oh! Oh, I'm sorry.
I- I thought you were going to hit him.
You broke my nose! Oh, God! General Cresswell tells me you're two of his best lawyers.
Well, that's awfully kind of the general, sir Don't waste my time with false modesty, Commander.
Are you good or not? We get the job done, sir.
Spoken like a true marine.
Thank you, General.
Will you be defending all three men, Commander? Unless someone objects, sir, or there's a conflict of interest.
No one's pointing the finger at anyone else, if that's what you mean.
I'll wait till I interview the accused, sir, before I make my determination.
Hmm, won't take my word for it.
Good.
You'll have full cooperation, access to records, facilities, support staff, MPs, detainees, whatever you need.
I understand there's a videotape of the incident, General? There is.
Unfortunately, it's been misplaced.
I'd appreciate a copy as soon as it's been located, sir.
Absolutely.
Captain Schooner will show you to your offices.
Commander Rabb? Captain Tam, Army Trial Defense Service.
I just got in from Fort Stewart.
Oh, hello, Captain.
So, is that my desk? They didn't tell you? Apparently not.
I'll be assisting you, sir.
Captain, I didn't request assistance from Army JAG.
CINCSOUTH felt the army should have some representation in this rodeo.
You could say I'm kind of a political appointee.
Look, uh, Captain You can refuse my services, of course, sir.
But I'm a damn good lawyer.
I'm yours for free.
All right.
Well, you should know that General Spinoza says the videotape of the incident has been misplaced I'll get on it.
Before we do that, we're going to start interviewing our clients.
Firstly, we'll interview Staff Sergeant Lantana.
He was in charge of the MP detail.
You must be the defense team.
That's right.
I'm Brett Orman.
This is Staff Sergeant Lantana.
He wants to confess.
Sir, I take full responsibility for what happened to Corporal Hatanian.
Who are you? I just told you.
Brett Orman.
I work for Ajax, a private defense firm.
A civilian contractor.
That's right.
What's your interest in this case? I was the one who asked Staff Sergeant Lantana to bring the detainees to the interview room.
Staff Sergeant, I'm Commander Rabb.
This is Captain Tam.
We're your legal representation.
You'll not take responsibility nor will you make any further statements without our consultation.
Is that understood? Yes, sir, but I'm willing to plead guilty if it'll help my men.
Nobody's pleading guilty, Staff Sergeant.
Now, Mr.
Orman, we'd like to speak to our client alone.
Guard.
Of course.
As you were, Staff Sergeant.
Have a seat.
Sorry, sir.
I've never had to deal with this kind of thing before.
That's all to your credit, Staff Sergeant.
What you need to understand is that we're on your side.
Now take a breath and, uh, tell us what happened.
Okay.
the Internal Reaction Force.
One second, please.
Continue.
Uh we go in when a detainee threatens another detainee or a guard, or, uh, causes a disturbance.
Are you armed? Only with pepper spray, ma'am.
No firearms or stun guns.
Did you know this particular call was a training exercise? No, ma'am, they told us the detainee in Cell D-436 was an Al Qaeda terrorist with vital information.
They? Intel.
They told us to take him to Mr.
Orman for questioning.
They-they warned us that they had to pepper-spray him earlier because he a-assaulted a guard.
What happened when you got there? He was hunkered down under his bunk.
We tried to coax him out.
He resisted, so we got a little more physical.
You put the guy in the hospital, Staff Sergeant.
I'd call that pretty darn physical.
He has a concussion and damaged trachea.
Brain damage? We won't know till he wakes up.
And when will that be? There's no way of telling, but if I don't see signs of improvement soon, I'm sending him to Walter Reed.
Most of the injuries are internal.
You get many of these, Doctor? The majority of detainees suffer from constipation or sprains from playing volleyball and soccer.
But you have had other types of injuries? Yes.
Due to beatings? I've treated patients for abrasions and bruises.
Due to beatings, Doctor? Possibly.
Has your IRF team beaten up any other detainees, Staff Sergeant? Ma'am, we use the minimum amount of force necessary to get the job done.
You Does that include softening up captives for interrogation? Not in so many words.
What does that mean? Ma'am, you'll have to talk to Intelligence about that.
You need to be candid with us.
We're here to help you.
With all due respect, ma'am, you don't sound like it.
I hope you don't mind me talking while you interrupted.
I apologize if I was a little over - assertive, Commander.
Being assertive is fine.
Just remember you're second chair, Captain.
Yes, sir - I just thought that Colonel MacKenzie will try to establish a pattern of behavior showing that MPs regularly use coercion and force.
She'll find detainees who witnessed the incident, put them on the stand No, she won't, because she knows I'll attack their credibility.
Yes, but I'm talking now, Captain.
Please, before you start worrying about the prosecution's strategy, we need to gain our client's confidence, and we're not going to be able to do that if you keep attacking him.
I was playing devil's advocate, sir.
Well, the devil has enough advocates.
Start representing your client.
Sweetie, are you okay? Oh, I'm good.
How are you? I'm fine.
Do you know that they have Bible study class in there now? Jails have sure changed since my time.
You didn't have to come, Dad.
Hey, what am I going to do, sit here and watch you rot in jail? Besides, I wanted to see how my new grandsons are doing.
They're fine, Dad.
Dad put up your bail.
I appreciate that.
Sorry to be trouble, Dad.
Hey, no need to apologize.
From what I hear, the son of a bitch had it coming.
Hell, it's about time I saw you show some grit anyway.
You know, one time I was on leave in, uh, Subic Bay.
This cretin tried to steal my wallet.
I chased him all the way I just got off the phone with the Fairfax County Commonwealth Attorney's Office.
Care to venture a guess who we talked about? Me, sir? You, sir.
He informed me the Commonwealth of Virginia is charging you with assault.
So I've heard, sir.
So you've heard? Were you ever going to tell me? I didn't want to burden you with my personal problems, General.
A JAG officer brawling in public is not a personal problem, Commander Roberts.
When he's in uniform under my command, it's my problem.
Did you know about this? No, sir.
Did you attack this civilian? Yes and no, sir.
Uh, he attacked my brother with a shoe, and I was trying A- a shoe? Yes, sir, a wing-tipped Oxford.
Why? The gentleman had said some disparaging remarks about the military.
My brother Mikey's a midshipman at the Academy.
He took offense, heated words were exchanged, and So you hit a wingtip-wielding history teacher because he insulted the navy? Well, not just the navy, sir.
The Marine Corps as well.
Are you trying to manipulate me, Commander? No, sir.
If you're convicted, your Naval career is over.
You know that.
I expect to be acquitted, sir.
You're a member of the Virginia Bar, Commander.
You'll volunteer as defense counsel.
Aye, aye, sir.
Make this go away.
Do my best, sir.
After the civilians are done with you, Commander Roberts it'll be my turn.
That'll be all, gentlemen.
Dismissed.
Aye, aye, sir.
Aye, aye, sir.
Specialist Scanlon, anything you say in this room is protected by lawyer - client privilege.
Was Corporal Hatanian violent or otherwise threatening? Yes, sir.
How? Sorry.
Did he attack you? He kicked me in the chest.
If we hadn't taken him down, he might've hurt somebody.
Look, now I know the guy was acting and all, but at the time, we thought it was real.
Is this how you would normally treat a prisoner? We use force to subdue violent and recalcitrant prisoners- yes, sir.
You thought the prisoner was a terrorist with vital information.
Were you ordered to soften him up? Well, sometimes, we're encouraged to "fear up" certain high-value prisoners.
By whom, your officers? No, sir, by the OGA, or I should say, the civilian contractors who work for 'em.
General.
Colonel MacKenzie.
How goes the battle? Well, let's see, General.
My key witness is in a coma, and a vital piece of evidence is missing, but aside from that, I'm in great shape.
Glad to hear it.
Speaking of that, any word on the tape, sir? I'm certain it'll turn up.
Seems a lucky coincidence for your men that it's missing, sir.
Well, subtlety isn't high on your list of accomplishments, is it, Colonel? No, sir, but tenacity is.
You'll have the tape when we find it.
If it hasn't been destroyed, sir.
don't make accusations you can't back up.
When I'm ready to make an accusation, General, I'll back it up.
Excuse me.
My chow's getting cold.
Roast lamb today.
Enjoy your lamb, General.
We're either the first line of defense against terrorism or a symbol of Washington's willingness to defy international law.
Depends on who you talk to.
We observe Islamic dietary laws.
We provide a Koran, prayer beads, prayer rug, and an arrow painted on the floor pointing toward Mecca.
If they cooperate.
Correct.
Cooperation earns privileges.
Lack of cooperation, we take away privileges.
Keep in mind, Commander: these people are not soldiers of any country.
They're illegal combatants not entitled to prisoner of war status and not protected by the Geneva Conventions, and we do everything in our power to treat them humanely.
I that what they're yelling about? Thanks for the humane treatment? They're demanding lawyers to plead their cases now that the Supreme Court ruled they have the right.
And will they get the opportunity? They'll get a fair hearing.
What did you do before you worked with the Agency? I don't work for the CIA.
Like I said, I work for Ajax.
Well, Ajax is contracted by the CIA.
I was with the Army Special Forces.
Is that where you learned your interrogation techniques? Some.
Some I picked up on the job.
Like having the MPs soften up the prisoners before you question them? I don't micromanage the guards, Commander.
They do what they do.
Without any guidance from you? I understand you have to defend Staff Sergeant Lantana and his men.
I'd like to help you, but I never ordered anyone to beat a prisoner senseless.
Commander Rabb.
Excuse me.
Corporal Hatanian's awake.
Only a couple of minutes, Commander, no more.
How you feeling, Corporal? A little woozy, sir.
Well, we won't keep you long.
I'm Commander Rabb.
This is Captain Tam.
You remember what happened to you, Corporal? Three MPs came.
They dragged me out choked me.
I hit my head, and that's all I remember, sir.
Did you recognize any of them? No, sir.
I'm with Army CID.
Could you identify them if you saw them again? I could, ma'am, but I won't.
Excuse me? I won't I.
D.
them, Colonel, and I won't testify against them.
The MPs almost killed you, Corporal.
You-you have a concussion, a crushed windpipe It was a training exercise, ma'am.
They didn't know that I was one of them.
That's beside the point.
If you were a real prisoner, beating you up would still be wrong.
If the beating was intentional.
You haven't proven it is.
Yet.
Listen, if they did this to you, they'll do it to other defenseless prisoners.
I don't care, ma'am.
Corporal? These "defenseless prisoners" are killers, Colonel.
They'd cut our throats in a minute if they could.
That doesn't make it right for us to abuse them.
So we make them stand there naked, wear ladies' underwear.
So what? They traveled hundreds, thousands of miles to kill Americans.
You can't believe how much they hate us.
Think of 9/11.
Those are the guys, ma'am.
Not all of them.
That's why we're here, ma'am to find out which ones.
I can have you ordered to appear, force you to testify.
I'm sorry, Colonel.
My memory's not so good.
Must be my concussion.
Do you condone this? Corporal I know you want to protect these guys.
Believe me, I want to help them, too.
They're my clients.
But you need to tell the truth.
Let a jury decide.
Sorry, Commander.
My head really hurts.
I have no idea what you're talking about.
We were talking about Iraq, Afghanistan, the war.
I thought we were having an adult conversation.
Then suddenly they became abusive, and pow! He broke my nose.
You're a history teacher? Correct.
I teach at Emerson High School, in Seven Corners.
So you're used to discussing war, history, world events? Sure.
I get passionate sometimes, but I don't hit people.
He resorted to violence because he had no words.
That's typical of the military mentality.
That's how we got in the Iraqi mess in the first place.
Objection.
Witness is sermonizing.
Overruled.
Pay attention, lady.
Staff Sergeant Efren Lantana, Specialist Ray Scanlon, Private First Class Nathaniel Courier, you are charged with violation of UCMJ Articles 128, assault, maltreatment, and dereliction of duty for willfully failing to protect a prisoner from abuse and maltreatment.
How do you plead? Not guilty.
Not guilty, sir.
Corporal Hatanian suffered a severe impact to the skull, causing a temporary alteration in neurological function.
In other words, a concussion.
Yes.
Luckily, there was no brain damage.
At least none that I could detect.
What other injuries did he sustain? His windpipe is inflamed from pressure around his throat.
What caused these injuries, Doctor? The man was beaten and choked.
How many similar cases have you treated? Objection.
The accused are not on trial for other alleged beatings.
Your Honor, I intend to establish a pattern of behavior proving the culture at Camp Delta accepts, even encourages, prisoner abuse for the purpose of eliciting information.
Counsel is on a fishing expedition, Your Honor.
This is a court-martial, not a Senate investigation.
So you admit a Senate investigation is appropriate.
Colonel MacKenzie Your Honor, I'm trying to bring everything out into the open.
After Abu Ghraib, the military can't afford the appearance of a cover-up.
That reference is inflammatory and gratuitous, Colonel.
Tactics like that won't cook in my courtroom.
I apologize, Your Honor.
Commander, I'm going to overrule your objection because I want to hear the answer.
Not because I'm afraid of being accused of a cover-up.
Major, how many similar cases have you treated? Less than a dozen, sir.
None this severe.
That answer your question, Colonel? Yes, sir.
Thank you.
No further questions.
Doctor, could Corporal Hatanian's injuries have resulted from a struggle, rather than a beating? How so? Well, for instance, his concussion could have been the result of accidentally hitting his head on the metal bunk when the M.
P.
s dragged him out from under it.
It could have.
And the compression of his trachea could have resulted in any number of ways as he violently resisted.
I wasn't there, but it's possible.
Thank you, Doctor.
No further questions.
Doctor, could the bruises around the Corporal's throat be caused by "accidentally" sticking his neck into a pair of hands and choking himself? I withdraw the question.
Mr.
Flanzer, you stated you were having an adult conversation, and then "pow," Commander Roberts broke your nose.
That's right.
Well, did your part of this conversation include such phrases as, "knuckle-dragging storm troopers"? I didn't mean that literally.
Is that what you call your students when they disagree with you in class? Objection.
Sustained.
And when you raised your arm in a threatening manner and shouted, "Sieg Heil," did you mean that literally? Of course not.
Just a part of your "adult conversation"? Objection.
Sustained.
Did you threaten the defendant's brother with a shoe? That's ludicrous.
I might've picked up a shoe, but we were in a shoe store, for God's sake.
I certainly didn't threaten anyone with it.
You didn't raise it as if to strike someone? Objection.
Asked and answered.
Sustained.
Put your shoe back on, Counselor.
Isn't it possible that Commander Roberts thought you were going to hit his brother? I don't know.
Maybe.
And his hitting me was what, a preemptive strike? We know how much the military loves those.
Your Honor Just answer the questions, Mr.
Flanzer.
Yes, ma'am.
Are you aware that Commander Roberts lost his leg while on a humanitarian mission in Afghanistan, saving a young boy from a minefield? Objection.
Irrelevant.
Sustained.
Exception.
Noted.
Any further questions? No, ma'am.
I'm done with this witness.
This court is recessed until 9:00 a.
m.
tomorrow.
You nailed him.
With this judge, I don't know.
Mr.
Rasuli, how long were you incarcerated at Guantanamo? Why were you released? I was no longer "dangerous.
" Would you, uh, describe your experience here? Horrible.
A nightmare.
They pepper-sprayed me, they pinned me down, they poked their fingers in my eyes.
They forced my head into the toilet, and they promised to send me to an Arab country for torture.
Were you beaten, as well? Once.
They tied me up, and they punched and they kicked me, then they dragged me out of my cell and into the recreation yard, where they just left me to lie in the sun all day.
Thank you.
No further questions.
Where were you raised? England.
My parents came there from Jordan when I was very young.
And you were educated in English schools? Yes.
A British subject with Jordanian parents.
Why were you in Afghanistan? I was visiting friends.
Friends in the Taliban? Objection.
Mr.
Rasuli is not on trial here.
Counsel's reference to the Taliban is immaterial and prejudicial.
Sustained.
Move on, Captain.
When were you released, Mr.
Rasuli? About nine months ago.
Why'd it take you so long to come forward with these allegations? I was too traumatized to speak up until now.
Because you were beaten every day? It was not every day.
It was once, as I said.
One time.
Out of 20 months.
Were you fed three meals a day according to Muslim dietary laws? Yes.
Did you receive medical care, clothing, shoes, showers, toiletries, the opportunity to worship, the means to send mail? Yes, but I was still a prisoner in a cage.
Please look at the three men at the defense table.
Can you identify any of them as the ones who allegedly mistreated you? They all look alike to me.
Thank you.
I have a question, Mr.
Rasuli.
Did you file a lawsuit in the British courts seeking $10 million compensation from the U.
S.
government for your detention here in Guantanamo? Yes.
They should pay me for my mental anguish and my lost time.
So you have a personal interest in establishing that detainees are mistreated here.
I'm telling the truth.
Well, the problem is, that judge doesn't like you too much.
Oh, you think? I think she and that DA are getting it on.
Oh, Dad, please.
I just ate.
Say, are you sure Turner's the right guy for this job? Where's Rabb? In Guantanamo, and, yes, Commander Turner is an excellent attorney.
I have complete faith in him.
Well, I'll still feel a lot better when you're on the stand tomorrow, son.
I just hope I can help.
Sure you can.
Just don't slant it too much.
Slant it? Yeah.
Just don't be too obvious.
I don't want him to lie.
I'm not saying to lie.
I'm saying accentuate the positive.
You tell 'em what you saw, Mike.
Hey, you don't want my help Dad, of course they want your help.
Just not anything that involves perjury.
Fine.
Do what you want.
Hey! Where are you going? I got a date.
And you know, once in a while it wouldn't hurt you to listen to your old man.
Cap you'll want to look over this witness list.
I found the tape, sir.
It was in the recycle pile.
I'm sure it wasn't deliberate.
Nice job.
I'll inform Colonel MacKenzie.
Extract him.
Let him go.
I said let him go! He's U.
S.
Army.
Well, why didn't he say something? Get that thing off! I'll want a copy of that.
We'll see that you get one.
We're fighting a losing battle now, sir.
They're the only kind worth fighting.
Play it again, Tam.
Just the man I'm looking for.
What can I do for you, Master Chief? I had a date last night.
Ordinarily, I'd love to hear about your love life, but I've got to be in court in 35 minutes.
Well, I wouldn't worry about that too much.
Lana's going to be late.
When I left, she was just falling asleep.
Lana? Yeah, that court reporter? Very nimble fingers.
Too much information.
Is this too much information? Judge Mayfield hates the military.
Now, why would you say that? Because she had a son who was recently killed in action in Fallujah.
I'll bet you could get a mistrial.
You got to do something.
You're losing.
This conversation never happened.
Rabb would've done something! Mr.
Orman, can you describe some of the more aggressive methods you used to extract information from prisoners? Lengthy questioning, misinformation about another prisoners' disclosures, perks for cooperating.
And if the subject doesn't want to cooperate? If he's a high-value intelligence source, we turn up the heat.
Meaning? Psychological and/or physical duress.
Can you be more specific for the members, please? Blindfolding, shackling, high decibel music, isolation, uncomfortable positions, heat, cold.
Humiliation? If you mean, do I make them strip and simulate sex acts, no.
Any other types of physical duress? Uh, waterboarding, beatings? I never ordered anyone waterboarded or beaten.
Your Honor, with your permission, I'd like to show a tape to the court.
Let him go.
I said let him go! He's U.
S.
Army.
Get that thing off! Are you saying, Mr.
Orman, that the accused acted on their own? Objection.
Leading the witness.
I'll rephrase.
To your knowledge, did anyone order the accused to remove the occupant of cell D-436 by beating and choking him? No.
Not to my knowledge.
Mr.
Roberts, did you feel threatened in any way when Mr.
Flanzer launched his dread shoe attack? Your Honor Lose the sarcasm, Mr.
Wilson.
Sorry, Judge.
Did you feel threatened? No, not really.
So your brother's violent response was unnecessary and excessive, wasn't it? I guess it was a little unnecessary, yeah, but he was just Has your brother ever displayed fits of rage before? Objection.
Goes to predisposition toward violence, Your Honor.
Overruled.
What a surprise.
Not rage, exactly.
He did go off on me once, when I lost his son at a mall, but it was my fault, and I found him later.
So with sufficient provocation, he displays uncontrolled anger.
Thank you for your candor.
Midshipman, even though you didn't feel threatened in the shoe store, could your brother have believed you were in danger? Absolutely, sir.
Why? Because that guy was out of control, getting in our faces like that.
We didn't do anything to provoke him, except maybe wear our uniforms.
So I could see why Bud might think he was a loose cannon.
Now, you stated that your brother "went off on you" because you lost his son.
When that happened, did he hit you? No, sir.
Did he ever hit you? No, sir.
Not even as kids? No.
Bud's just not that kind of person, ma'am.
He's a nice guy.
Thank you, Midshipman.
Did you ever ask the guards to help you set conditions for a successful interrogation? Yes, using the carrot-and-stick approach.
The stick being? Denying privileges, fear, intimidation.
But not beatings.
So you don't believe in torture.
I didn't say that.
But the wanton infliction of pain is counterproductive to effective intelligence gathering.
Pain is not as great a motivator as fear of pain.
Well, I'll defer to your expert knowledge.
Who do you receive your authorization to inflict this "fear of pain" on your high-value prisoners? My company.
Ajax.
And what government agency is Ajax contracted to? I don't know.
Well, let's see what you do know.
I'm going to play the tape again.
Just the last part.
He's U.
S.
Army.
Get that thing off! Now I'm going to play it forward from here in slow motion.
Is that you in the red hat, Mr.
Orman? I never ordered that beating.
You didn't stop it, though, either, did you, Mr.
Orman? You always get the MP's to do your dirty work for you? It's not dirty work.
It's what we do to fight terrorism.
The Pentagon's memo last June stated that the president can legally authorize some forms of torture for detainees.
Even if I sanctioned that beating, which I did not, there's so much confusion over the issue, who can say what's lawful and what's not? Bud is the kindest, gentlest man I've ever known.
And he hates violence, and he rarely loses his temper.
And when he does, he just gets that cute, little pouty-thing around his mouth.
Didn't your husband get into a barroom brawl the night of his bachelor party? Oh, that wasn't a brawl.
He got beaten up by a pregnant stripper.
Ah.
Yet another assault by a pregnant stripper.
Sorry, Judge.
For a gentle man, your husband seems to get into a lot of fights.
No more questions.
The witness may step down.
Any more witnesses, Commander Turner? A motion, Your Honor.
I move that the Court declare a mistrial and remove itself from the proceedings.
On what grounds? That the Court, having recently suffered a personal loss, is biased against the military.
Commander Turner, your allegation of bias is frivolous.
It is also insulting to this Court, and it smacks of desperation.
Now you obviously dug into my personal life, which you had no business doing.
Your motion is denied.
I'll hear closing arguments tomorrow.
In the meantime, Commander, I'm going to consider charging you with contempt.
Court is recessed.
General Spinoza, do you support a policy of controlled manipulation of detainees here? For the purpose of extracting information, yes.
But per a directive issued by the Secretary of Defense, the policy precludes inflicting severe, intentional pain or causing permanent damage.
Well, sir, do you believe that my clients were within the framework of that policy when they forcefully removed Corporal Hatanian from his cell, sir? Yes, they were.
Thank you, General.
No further questions.
Well, then, General, I'm confused.
If you believe the accused did no wrong, why did you convene this court-martial? To publicly respond to those who believe we are violating detainees' rights.
And what is your response, sir? Applying duress to a detainee is as repugnant to me as it is to anyone, but extreme peril demands extreme measures.
Aggressive interrogation helped us locate Saddam Hussein, neutralize two-thirds of Al Qaeda's top operatives, revealed their recruiting methods and uncovered terrorist plots.
Some consider what we do here immoral, maybe even illegal.
But we save American lives.
At the risk of losing American souls.
I believe that deep down inside, the vast majority of our citizens are glad that we're here, whether they admit it or not.
And if you're wrong, sir? Then, should that time come, I'm prepared to answer for my actions.
To whatever authority demands it.
We have the right to defend ourselves, whether the weapon is a gun or a shoe.
However, we must know the difference between an imagined threat and a real one.
In other words, you just can't go out and hit someone because you think they're going to hit you.
Preemptive action is illegal, unless the attacker clearly demonstrates his intention to inflict harm.
In the heat of the moment, tempers are flaring, words exchanged, I can see how a reasonable person might perceive an upraised arm as a threat.
I am convinced that Commander Roberts thought his brother was in danger and he acted in his defense.
I therefore find the defendant not guilty of assault.
Court is adjourned.
You did it.
You did it.
Commander Turner.
Yes, ma'am? I lost a son in Iraq.
But I still have a daughter there, and she's serving in the Third Armored Cavalry Regiment, and I respect her decision to serve.
So next time, you think twice about accusing a judge of bias.
Yes, ma'am.
Congratulations, son.
Oh, thank God.
Thank God.
Bud, I'm sorry about up there, I Hey, you did great.
I'm proud of you, Mike.
I'm proud of you, too, honey.
Oh, it would have been so much better without that pregnant stripper thing.
Honey, you're the only pregnant stripper that I care about.
I better be, sailor.
I'd congratulate you, Commander, but you should never have been in the situation to begin with.
I agree, sir.
Still, I can't help feeling a bit relieved.
Before you feel too relieved, I just got a call from Judge Mayfield.
She strongly recommends you attend anger management classes.
I concur.
But I don't have a problem with anger.
Bethesda has a program.
Enroll yourself.
Aye, aye, sir.
On the charge and specification of assault, not guilty.
On the charge of dereliction of duty, not guilty.
On the charge of maltreatment, guilty.
Extenuation and mitigation tomorrow, 0900.
This court's in recess.
Congratulations, Colonel.
For what? Winning.
I didn't win.
Your guys lost.
I'll recommend punitive discharge, no confinement.
I'll let my clients know.
I'm sure they'll be thrilled.
Commander, if you don't need me anymore It's been a pleasure and an education, sir.
It certainly has.
Captain, good luck.
Colonel.
A little reining in and she'll make a fine lawyer one day.
That's what they said about you ten years ago.
So do you think the vast majority of Americans support what we're doing here? I don't know if the vast majority do, but enough.
Sir.
You did a fine job.
Both of you.
Thank you, General.
Do you feel you justified your actions to the American public, sir? Well, what do you think, Colonel? I think you sacrificed your men in a desperate pursuit of public absolution.
I think the wrong people were on trial, General.
Based on what? Your vast leadership experience? Your record of tough command decisions? No, sir, based on my opinion of what's fitting and just.
You come serve under me, Colonel.
Then your opinion will be worth something.
Meanwhile, you want to put me on trial, you know where to find me.
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