1 00:00:51,309 --> 00:00:53,053 Holy. 2 00:00:59,609 --> 00:01:01,518 Watch Dog Six. This is Post Five. 3 00:01:01,736 --> 00:01:03,195 We have a small boat in the water. 4 00:01:03,363 --> 00:01:04,691 What's the situation? 5 00:01:04,864 --> 00:01:08,447 - Right there, lieutenant. Two o'clock. - Damn it. 6 00:01:08,618 --> 00:01:11,370 Don't move! Put your hands behind your heads. 7 00:01:13,957 --> 00:01:16,412 - He's got a detonator, lieutenant. - Fire. 8 00:02:25,489 --> 00:02:27,944 Dan, we're live at the Naval Base here at Norfolk, Virginia. 9 00:02:28,116 --> 00:02:29,860 We're awaiting the arrival of the terrorist 10 00:02:30,035 --> 00:02:31,944 who attacked the USS Wake Island, Sunday night 11 00:02:33,622 --> 00:02:35,864 in the Persian Gulf where five sailors were killed. 12 00:02:36,083 --> 00:02:37,114 This is Lt. Royce Caron. 13 00:02:37,292 --> 00:02:39,913 He is with the Marine's Fleet Anti-Terrorist and Security Team, 14 00:02:40,087 --> 00:02:43,004 also knows as F.A.S. T. Company. Lieutenant, how do these terrorists 15 00:02:43,173 --> 00:02:45,925 manage to slip by security in the first place? 16 00:02:46,093 --> 00:02:49,212 I don't know how they slipped in, sir, but they sure didn't slip out. 17 00:02:49,387 --> 00:02:50,467 Thank you very much, sir. 18 00:02:50,639 --> 00:02:53,308 Okay, it looks like the chopper bringing in the captured terrorist 19 00:02:53,475 --> 00:02:55,218 is coming in right now. 20 00:02:55,393 --> 00:02:58,145 By the way, a second terrorist was killed during that... 21 00:02:58,355 --> 00:03:01,190 - Bringing him in, huh? - The helo's landing now, sir. 22 00:03:01,358 --> 00:03:03,018 - Good morning, sir. - Good morning, Bud. 23 00:03:03,193 --> 00:03:04,853 - Hi. - Hi. 24 00:03:05,028 --> 00:03:06,771 They were thwarted by the alert response 25 00:03:06,947 --> 00:03:08,441 of the ship's deck watch. 26 00:03:08,615 --> 00:03:11,450 Now, the Navy so far has not released any information 27 00:03:11,618 --> 00:03:14,738 about the terrorist nor his affiliation. 28 00:03:14,913 --> 00:03:15,992 It looks like the prisoner 29 00:03:16,164 --> 00:03:18,204 is disembarking from the helicopter right now. 30 00:03:18,375 --> 00:03:20,830 This is the man who attempted to blow up the United State-- 31 00:03:21,002 --> 00:03:23,327 - Hey, isn't that--? - Special Agent Novack. 32 00:03:23,546 --> 00:03:26,749 NCIS must've handed this to the FBI. 33 00:03:29,636 --> 00:03:31,462 Oh, my God. Someone-- 34 00:03:31,679 --> 00:03:33,471 I think a Marine guard just turned around 35 00:03:33,640 --> 00:03:37,139 and then shot the prisoner. Shot the prisoner, God. L-- 36 00:03:37,310 --> 00:03:39,101 The other guards are wrestling the shooter. 37 00:03:39,270 --> 00:03:40,646 What is happening here? 38 00:03:40,855 --> 00:03:42,978 - This is Agent Novack. - I don't care! Move it out! 39 00:03:43,149 --> 00:03:45,106 FBI agents are putting him in a car right now. 40 00:03:45,276 --> 00:03:46,355 They're not waiting. 41 00:03:46,527 --> 00:03:49,481 Maybe they're afraid there's another shooter nearby. I don't know. 42 00:03:49,656 --> 00:03:51,529 I can't tell how badly he's hurt, Dan, 43 00:03:51,699 --> 00:03:53,775 but from here, it looked like he was not moving. 44 00:03:53,951 --> 00:03:55,576 We just got word from the FBI 45 00:03:55,745 --> 00:03:57,821 that the prisoner died en route to the hospital. 46 00:03:57,997 --> 00:03:59,622 Did he say anything before he died, sir? 47 00:03:59,832 --> 00:04:03,118 Like a deathbed confession? No such luck. 48 00:04:03,294 --> 00:04:06,461 All we know is his name is Jaleel Nasseen. 49 00:04:06,672 --> 00:04:07,835 Has anyone claimed him, sir, 50 00:04:08,007 --> 00:04:09,964 or taken responsibility for attacking the ship? 51 00:04:10,176 --> 00:04:13,876 No, it could be one of a dozen groups. Hamas, Hezbollah, Mujahedin. 52 00:04:14,055 --> 00:04:16,131 We may never know. 53 00:04:16,641 --> 00:04:19,558 Which makes Corporal Barry's act even more deplorable. 54 00:04:19,727 --> 00:04:21,720 Yeah, deplorable, but understandable. 55 00:04:21,938 --> 00:04:24,559 Five of his shipmates died in the bombing. 56 00:04:24,732 --> 00:04:27,401 Shooting an unarmed man, no matter how loathsome he is, 57 00:04:27,568 --> 00:04:29,525 is still murder, commander. 58 00:04:29,737 --> 00:04:34,150 Yes, sir. I didn't say I condoned it. I said I understood. 59 00:04:34,325 --> 00:04:35,902 Well, I'm glad you're so understanding, 60 00:04:36,077 --> 00:04:37,903 because you will be defending Corporal Barry. 61 00:04:38,079 --> 00:04:39,359 He arrives 0030. 62 00:04:39,538 --> 00:04:41,780 You can talk to him first thing in the morning. 63 00:04:41,957 --> 00:04:46,915 - Or you can pass if you wish. - No, sir. I'll take the case. 64 00:04:47,087 --> 00:04:48,795 Good. Good. 65 00:04:48,964 --> 00:04:50,245 Major, you'll be trial counsel. 66 00:04:50,424 --> 00:04:53,176 Mr. Roberts will assist you with your prosecution. Dismissed. 67 00:04:54,428 --> 00:04:55,887 - Yes, sir. - Aye, aye, sir. 68 00:04:56,055 --> 00:04:57,632 Thank you, sir. 69 00:04:59,558 --> 00:05:02,345 Cheer up. All you have to do is defend a man who committed murder 70 00:05:02,519 --> 00:05:04,642 in front of 50 million witnesses. 71 00:05:04,813 --> 00:05:06,355 Thanks for putting it in perspective. 72 00:05:06,523 --> 00:05:10,224 Hey, the admiral gave you an out. You didn't have to take this case. 73 00:05:10,402 --> 00:05:11,481 Explain it to her, Bud. 74 00:05:11,653 --> 00:05:14,820 That wasn't an out, ma'am. It was a challenge. 75 00:05:14,990 --> 00:05:18,110 Oh, which you were too macho to pass up? 76 00:05:19,369 --> 00:05:23,118 - Would you pass it up? - I'm just as macho as you. 77 00:05:23,290 --> 00:05:26,825 Come on, lieutenant, we have a case to prepare. We'll talk. 78 00:05:27,419 --> 00:05:29,661 Well, I'm sure we will. 79 00:05:37,888 --> 00:05:39,430 It wasn't murder, sir. 80 00:05:39,598 --> 00:05:41,555 Then what would you call it? 81 00:05:41,725 --> 00:05:43,634 I don't know, sir. 82 00:05:43,810 --> 00:05:45,435 It's just... 83 00:05:45,896 --> 00:05:47,520 Something told me I had to do it. 84 00:05:47,689 --> 00:05:49,848 Something told you? What, like a voice? 85 00:05:50,025 --> 00:05:51,400 I'm not crazy, commander. 86 00:05:51,610 --> 00:05:53,816 Take it easy, corporal. I didn't say you were crazy. 87 00:05:54,613 --> 00:05:56,486 You had a brother in the Air Force. 88 00:05:56,656 --> 00:05:58,199 Yes, sir. 89 00:05:58,366 --> 00:05:59,446 He died in '96. 90 00:05:59,659 --> 00:06:02,446 In the Khobar Towers bombing in Saudi Arabia. 91 00:06:02,662 --> 00:06:05,414 Along with 18 other American servicemen, commander, 92 00:06:05,624 --> 00:06:07,450 and we'll never catch the cowards who did it. 93 00:06:07,626 --> 00:06:09,499 So this was payback for your brother's death? 94 00:06:09,711 --> 00:06:13,661 Sir, he attacked us. He was a threat to my country. 95 00:06:13,840 --> 00:06:15,880 He wasn't a threat when you shot him, corporal. 96 00:06:16,092 --> 00:06:18,714 If you study the terrorist mind like I have, sir, 97 00:06:18,887 --> 00:06:21,045 you'd know they wouldn't rest as long as we had him. 98 00:06:21,222 --> 00:06:25,054 There'd be more hostage taking, sir. More bombings. 99 00:06:25,226 --> 00:06:26,851 No American was safe while he was alive. 100 00:06:27,020 --> 00:06:28,680 I did my duty as a Marine, sir. 101 00:06:28,855 --> 00:06:30,848 And how were you doing your duty, Marine? 102 00:06:31,065 --> 00:06:34,399 I eliminated a sworn mortal enemy of my country. 103 00:06:34,569 --> 00:06:36,028 I saved lives. 104 00:06:36,196 --> 00:06:38,603 They go around killing people whenever they want, sir. 105 00:06:38,781 --> 00:06:40,774 Whoever they want. 106 00:06:40,950 --> 00:06:45,078 They call us the Great Satan, sir? They're the Great Satan. 107 00:06:48,374 --> 00:06:50,830 I won't plead guilty, commander. 108 00:06:51,544 --> 00:06:53,584 What I did was right. 109 00:06:58,051 --> 00:06:59,461 Temporary insanity. 110 00:07:00,470 --> 00:07:01,549 That would apply to you, 111 00:07:01,721 --> 00:07:04,046 if you think you'd win on a mental incompetence argument. 112 00:07:04,223 --> 00:07:05,801 Mac, at the time he pulled the trigger, 113 00:07:05,975 --> 00:07:08,051 he genuinely believed he had to kill that terrorist 114 00:07:08,227 --> 00:07:09,342 to save American lives. 115 00:07:09,520 --> 00:07:11,679 His brother was killed in the Khobar Towers bombings. 116 00:07:11,856 --> 00:07:13,848 It was revenge. He knew what he was doing. 117 00:07:14,025 --> 00:07:17,144 Not at the time he pulled the trigger. Now, I'm gonna request a 706 hearing. 118 00:07:17,361 --> 00:07:19,319 You can request all the psych hearings you want. 119 00:07:19,488 --> 00:07:21,814 Your client is not mentally incompetent. 120 00:07:23,576 --> 00:07:27,526 - Going anywhere for lunch? - Yeah, as a matter of fact, I am. 121 00:07:36,922 --> 00:07:38,832 Decide to turn yourself in, Rabb? 122 00:07:39,008 --> 00:07:41,297 You still going on about that Russian homicide, Novack? 123 00:07:41,469 --> 00:07:43,342 I was exonerated, remember? 124 00:07:43,512 --> 00:07:45,671 By the military, not by the FBI. 125 00:07:46,140 --> 00:07:48,179 What are you eating there anyway? 126 00:07:48,350 --> 00:07:51,268 - Is that a bowl of lettuce? - I've gotta watch my blood pressure. 127 00:07:51,478 --> 00:07:53,388 What do you want? 128 00:07:53,564 --> 00:07:56,518 Information. I'm representing Corporal Barry. 129 00:07:56,734 --> 00:07:58,442 And I should help you because...? 130 00:07:58,652 --> 00:08:00,146 Because Barry's a good kid. 131 00:08:00,321 --> 00:08:03,025 Got twisted somehow and he made a serious mistake. 132 00:08:03,699 --> 00:08:05,822 - You ever make a mistake, Novack? - Yeah. 133 00:08:05,993 --> 00:08:09,196 By not putting you in prison when I had the chance. 134 00:08:09,872 --> 00:08:11,414 What are you looking for? 135 00:08:11,582 --> 00:08:14,251 A link between the dead guy and a terrorist organisation. 136 00:08:14,460 --> 00:08:17,295 You wanna show he was a real bad guy who deserved to die. 137 00:08:17,504 --> 00:08:19,876 - Something like that, yeah. - I can't help you. 138 00:08:20,382 --> 00:08:22,126 Did Nasseen say anything before he died? 139 00:08:22,342 --> 00:08:23,801 If he did, it was classified. 140 00:08:24,011 --> 00:08:25,968 - So he did say something? - I didn't say that. 141 00:08:26,138 --> 00:08:28,344 You know, I can ask you these questions under oath. 142 00:08:28,515 --> 00:08:29,630 You'd get the same answers. 143 00:08:29,808 --> 00:08:31,765 What's the problem, Novack? The prisoner's dead. 144 00:08:31,935 --> 00:08:34,557 - Your case is over. - No, you know what's over? 145 00:08:34,730 --> 00:08:36,639 This meeting is over. 146 00:08:36,815 --> 00:08:37,894 If you'll excuse me. 147 00:08:41,028 --> 00:08:43,353 Ready on the left. Ready on the right. 148 00:08:43,530 --> 00:08:47,610 All ready on the firing line. Commence firing. 149 00:08:51,288 --> 00:08:54,657 Cease-fire! Clear rounds all weapons. 150 00:08:54,833 --> 00:08:56,790 Stand back from the firing line. 151 00:08:56,960 --> 00:08:58,787 Lieutenant Caron? 152 00:08:58,962 --> 00:09:00,456 Lieutenant Commander Rabb. 153 00:09:00,630 --> 00:09:02,457 I've been expecting you, commander. 154 00:09:02,632 --> 00:09:04,625 I guess you wanna talk about Corporal Barry, sir. 155 00:09:04,801 --> 00:09:06,675 That's right. What can you tell me about him? 156 00:09:06,845 --> 00:09:08,802 Overall, a fine Marine, sir. 157 00:09:08,972 --> 00:09:11,926 A bit short on education, but long on dedication. 158 00:09:12,100 --> 00:09:13,891 Any problems? Issues? 159 00:09:14,060 --> 00:09:15,223 When he first joined my unit, 160 00:09:15,395 --> 00:09:17,186 he was sharp, alert, and willing to learn. 161 00:09:17,355 --> 00:09:19,562 I figured him for a staff NCO after a few years, 162 00:09:19,733 --> 00:09:21,108 but after his brother died-- 163 00:09:21,276 --> 00:09:23,150 You know about his brother, commander? 164 00:09:23,320 --> 00:09:24,979 After his brother died, something shifted. 165 00:09:25,155 --> 00:09:26,483 - Cease-fire! - Shifted? 166 00:09:26,698 --> 00:09:29,189 - How? - He was still a good Marine, 167 00:09:29,367 --> 00:09:31,443 but he lost focus, became obsessed. 168 00:09:31,661 --> 00:09:33,654 - With? - Terrorism, sir. 169 00:09:33,872 --> 00:09:35,864 He followed it around the world like a groupie. 170 00:09:36,040 --> 00:09:38,413 When our embassies were bombed in Kenya and Tanzania, 171 00:09:38,585 --> 00:09:40,494 he was ready to kick some serious butt. 172 00:09:40,712 --> 00:09:43,547 You think that corporal was of sound mind when he shot the terrorist? 173 00:09:43,756 --> 00:09:46,793 I don't know, sir, but I'm glad the guy is dead. 174 00:09:46,968 --> 00:09:49,044 I just wish it wasn't a Marine who killed him. 175 00:09:49,512 --> 00:09:51,884 Lieutenant? Weapon jam. 176 00:09:52,056 --> 00:09:54,345 Excuse me a moment, commander? 177 00:10:04,986 --> 00:10:06,694 That's fine. 178 00:10:07,280 --> 00:10:09,237 We're trained to kill the enemy, commander. 179 00:10:09,407 --> 00:10:10,569 Not prisoners. 180 00:10:21,630 --> 00:10:24,038 And you see no basis for a plea bargain, major? 181 00:10:24,258 --> 00:10:26,879 Sir, this is as open and shut as a murder case can get. 182 00:10:27,052 --> 00:10:29,128 The members will never buy an insanity argument. 183 00:10:29,305 --> 00:10:31,974 Still, pleading out might be the best course. 184 00:10:32,474 --> 00:10:34,930 Are you suggesting that I offer a lesser charge, sir? 185 00:10:35,144 --> 00:10:38,928 No, no, no. That's up to you. All I'm saying is be wary. 186 00:10:39,106 --> 00:10:41,941 Rabb's got a deep hat with lots of rabbits. 187 00:10:42,109 --> 00:10:44,315 I have a few tricks of my own, sir. 188 00:10:44,486 --> 00:10:46,479 I'm sure you do, major. 189 00:10:47,406 --> 00:10:51,190 - Yes? - Secretary of the Navy is here, sir. 190 00:10:51,368 --> 00:10:53,111 Send him in. 191 00:10:57,374 --> 00:10:59,248 At ease. 192 00:10:59,751 --> 00:11:01,376 I hope I'm not disturbing anything. 193 00:11:01,587 --> 00:11:04,124 Not at all, Mr. Secretary. You know Major MacKenzie? 194 00:11:04,339 --> 00:11:08,633 We met after the major's vacation in Russia. 195 00:11:08,844 --> 00:11:11,465 We were just discussing the Barry case, sir. 196 00:11:11,638 --> 00:11:14,343 Good. That's why I'm here. 197 00:11:14,516 --> 00:11:17,221 Do you foresee any problems getting a conviction, major? 198 00:11:17,394 --> 00:11:20,181 Many, Mr. Secretary. I wouldn't be doing my job if I didn't. 199 00:11:20,814 --> 00:11:24,183 - But nothing you can't handle? - I hope not, sir. 200 00:11:24,860 --> 00:11:26,354 Do you want me to stay, admiral? 201 00:11:26,528 --> 00:11:29,564 No, that won't be necessary, major. Dismissed. 202 00:11:32,033 --> 00:11:33,113 Aye, aye, sir. 203 00:11:39,541 --> 00:11:41,249 - Take a look at this. - What is it? 204 00:11:41,418 --> 00:11:44,288 A Percival Bertram press conference taped this morning. 205 00:11:44,462 --> 00:11:46,953 What's our super-patriot, great protector of the American way, 206 00:11:47,132 --> 00:11:49,457 outraged about now? 207 00:11:49,634 --> 00:11:51,461 Watch. 208 00:11:55,390 --> 00:11:58,557 Our government wastes time and resources 209 00:11:58,726 --> 00:12:02,309 prosecuting a true American hero, 210 00:12:02,480 --> 00:12:05,980 when what they should be doing is punishing countries 211 00:12:06,151 --> 00:12:12,271 who support the cowardly cutthroats who attack American citizens abroad. 212 00:12:13,074 --> 00:12:16,941 - He's entitled to his opinion. - Well, our people share that opinion. 213 00:12:17,120 --> 00:12:21,034 Including many on the Hill whom Bertram helped put into office. 214 00:12:21,249 --> 00:12:24,415 Look, now, Corporal Barry should be punished, of course, but-- 215 00:12:24,585 --> 00:12:27,954 Sometimes it's mighty nice to fight fire with fire. 216 00:12:29,757 --> 00:12:31,833 What are we looking at, worst case? 217 00:12:32,009 --> 00:12:36,885 Murder, premeditated with intent. Death penalty or life in prison. 218 00:12:37,056 --> 00:12:40,639 If there were any way, now, legally, of course, to mitigate the punishment, 219 00:12:40,810 --> 00:12:43,930 the White House might be very supportive, A.J. 220 00:12:44,105 --> 00:12:46,856 Well, sir, you know I cannot interfere with the court-martial. 221 00:12:47,066 --> 00:12:49,189 Nor would the president ask you to. 222 00:12:49,360 --> 00:12:52,396 But if there is some way to salvage this boy's life... 223 00:12:53,281 --> 00:12:55,404 I'll give it some thought, sir. 224 00:12:59,578 --> 00:13:02,579 I've read the psych evaluation report and there's nothing in it that says 225 00:13:02,748 --> 00:13:05,666 that Corporal Barry is incapable of participating in his own defence. 226 00:13:05,835 --> 00:13:07,163 Admiral, the report also states 227 00:13:07,336 --> 00:13:10,254 Corporal Barry suffered depression after the death of his brother. 228 00:13:10,423 --> 00:13:12,914 Which does not exempt him from accountability for his conduct. 229 00:13:13,092 --> 00:13:16,009 - His conduct is mitigated by his-- - Given the severity of the event-- 230 00:13:16,178 --> 00:13:18,800 - It also precludes premeditation. - All right. Enough. 231 00:13:19,348 --> 00:13:23,512 Save it for the trial, people. Opening arguments, 0900 tomorrow. 232 00:13:23,686 --> 00:13:25,014 - Yes, sir. - Yes, sir. 233 00:13:25,187 --> 00:13:26,516 Oh, and Commander Rabb? 234 00:13:26,689 --> 00:13:29,725 Remember the time you discharged a firearm in my courtroom? 235 00:13:29,942 --> 00:13:32,184 Yes, sir. I was a little overzealous. 236 00:13:32,403 --> 00:13:34,526 You were a loose cannon, commander, 237 00:13:34,697 --> 00:13:36,654 both figuratively and literally. 238 00:13:37,116 --> 00:13:39,192 But you're older and wiser now, aren't you? 239 00:13:39,368 --> 00:13:40,447 - Yes, sir. - Good. 240 00:13:40,661 --> 00:13:43,828 If you pull a stunt like that again, the next psych hearing will be your own. 241 00:13:44,039 --> 00:13:46,162 - Aye, sir. - Good day. 242 00:13:46,375 --> 00:13:48,202 - Sir. - Sir. 243 00:13:54,007 --> 00:13:55,585 Oh, my God. Someone-- 244 00:13:55,759 --> 00:13:59,673 I think a Marine guard just turned around and then shot the prisoner. 245 00:13:59,847 --> 00:14:01,424 He shot the prisoner. Yeah, l-- 246 00:14:01,598 --> 00:14:03,923 The other guards are wrestling the shooter to the ground. 247 00:14:04,101 --> 00:14:07,221 What is happening here? It's unbelievable. 248 00:14:07,396 --> 00:14:09,139 I can't tell how bad he's hurt there, 249 00:14:09,314 --> 00:14:13,015 but from here, it looked like he was not moving. 250 00:14:13,694 --> 00:14:15,402 Agent Novack, what we just saw, 251 00:14:15,612 --> 00:14:17,819 is that an accurate playback of the murder? 252 00:14:17,990 --> 00:14:21,156 - Objection. Characterization. - Sustained. 253 00:14:21,368 --> 00:14:24,867 - Excuse me. Of the shooting incident. - Yes, it is. 254 00:14:25,038 --> 00:14:26,830 The prisoner was walking away from the helo 255 00:14:26,998 --> 00:14:28,658 when Corporal Barry discharged two rounds 256 00:14:28,834 --> 00:14:30,791 from his firearm to the prisoner's upper torso. 257 00:14:31,002 --> 00:14:33,458 Your Honour, I'd like to introduce Government's Exhibit Two, 258 00:14:33,630 --> 00:14:36,964 the autopsy report stating that the victim died of gunshot wounds 259 00:14:37,133 --> 00:14:38,544 to the heart and lung. 260 00:14:38,718 --> 00:14:41,553 Defence stipulates as to authenticity, Your Honour. 261 00:14:44,349 --> 00:14:47,350 Is this the gun that Corporal Barry used? 262 00:14:49,229 --> 00:14:51,103 Yes, ma'am, I believe it is. 263 00:14:51,272 --> 00:14:55,851 Did Corporal Barry say anything before or after he fired the weapon? 264 00:14:56,027 --> 00:14:57,984 Not that I can recollect. 265 00:14:58,154 --> 00:15:00,028 Did he seem aware of what he was doing? 266 00:15:00,240 --> 00:15:03,241 - Objection. Calls for an opinion. - I'll rephrase. 267 00:15:03,410 --> 00:15:07,787 What was Corporal Barry's demeanour when he shot the victim? 268 00:15:07,956 --> 00:15:10,162 - He was very matter-of-fact. - Thank you. 269 00:15:12,335 --> 00:15:14,043 Your witness. 270 00:15:15,964 --> 00:15:18,289 Agent Novack, what was the mood of the security team 271 00:15:18,466 --> 00:15:19,581 on the day of the shooting? 272 00:15:20,051 --> 00:15:23,135 The Marines conducted themselves in a very professional manner. 273 00:15:23,304 --> 00:15:24,419 Except the defendant. 274 00:15:24,597 --> 00:15:26,139 Beneath the professional manner, 275 00:15:26,307 --> 00:15:28,015 wasn't there an angry undercurrent, sir? 276 00:15:28,226 --> 00:15:30,017 Objection. Counsel's leading the witness. 277 00:15:30,228 --> 00:15:31,805 No further questions, Your Honour. 278 00:15:32,689 --> 00:15:35,226 Oh, I do have one more question, Agent Novack. 279 00:15:35,400 --> 00:15:37,226 Sorry, Your Honour. 280 00:15:39,070 --> 00:15:41,062 What did the terrorist say before he died? 281 00:15:43,157 --> 00:15:46,194 - Nothing. - I remind you, sir, you're under oath. 282 00:15:46,410 --> 00:15:48,783 The man said nothing before he died. 283 00:15:48,955 --> 00:15:50,235 Really? 284 00:15:51,290 --> 00:15:54,659 Your Honour, I reserve the right to recall this witness, sir. 285 00:15:57,797 --> 00:16:00,751 Major MacKenzie, what do you think of the defendant's insanity gambit? 286 00:16:00,925 --> 00:16:03,214 That's for the members of the court-martial to decide. 287 00:16:03,386 --> 00:16:06,340 Please excuse us, we can't comment on an ongoing court case. 288 00:16:06,514 --> 00:16:08,720 You were a little hard on Agent Novack in there. 289 00:16:08,891 --> 00:16:10,433 Well, he knows something. 290 00:16:10,601 --> 00:16:12,724 You wouldn't happen to know what that is, would you? 291 00:16:12,895 --> 00:16:14,354 - Like what? - I don't know. 292 00:16:14,522 --> 00:16:16,395 Something isn't right about this shooting. 293 00:16:20,111 --> 00:16:21,273 Do we know something, ma'am? 294 00:16:21,445 --> 00:16:24,150 We don't, but I think I might know someone who might. 295 00:16:25,574 --> 00:16:27,448 - Major. - Admiral. 296 00:16:27,618 --> 00:16:29,361 Excuse me, sir. 297 00:16:38,128 --> 00:16:41,877 - I'll be done here in just a second. - No, I'm in no hurry, sir. 298 00:16:42,049 --> 00:16:44,540 So how goes the trial? 299 00:16:44,718 --> 00:16:47,256 Well, I call in my expert witness this afternoon 300 00:16:47,429 --> 00:16:49,505 to testify about Barry's mental capacity. 301 00:16:49,723 --> 00:16:51,550 Psychobabble. 302 00:16:51,725 --> 00:16:54,097 I've been reading a lot of psychology for this case. 303 00:16:54,269 --> 00:16:56,974 It's funny how the mind works, sir. 304 00:16:57,397 --> 00:16:58,678 - Is it? - Well, yeah. 305 00:16:58,857 --> 00:17:02,191 For instance, how we reveal things about ourselves 306 00:17:02,361 --> 00:17:03,819 without being aware of it. 307 00:17:06,448 --> 00:17:07,527 What sort of things? 308 00:17:08,325 --> 00:17:09,867 Well, for example, 309 00:17:10,035 --> 00:17:14,329 I get a sense from you, and I could be way off, 310 00:17:14,498 --> 00:17:17,368 that there's something you're thinking, but you're not telling me. 311 00:17:17,918 --> 00:17:20,753 Which if there is, it's perfectly fine of course, sir. 312 00:17:20,921 --> 00:17:23,756 I'm sure you have your reasons. 313 00:17:28,762 --> 00:17:30,386 I'm just... 314 00:17:33,475 --> 00:17:38,386 - That looks great. Is it pot roast? - Yeah, I cooked some up last night. 315 00:17:38,563 --> 00:17:41,897 Would you care for some, sir? I have plenty. 316 00:17:42,776 --> 00:17:44,519 No, thanks. 317 00:17:50,659 --> 00:17:53,031 United States Warship. 318 00:17:53,453 --> 00:17:56,703 We're trying to move in for a closer look now. 319 00:18:00,335 --> 00:18:02,411 Oh, my God. Someone-- 320 00:18:10,303 --> 00:18:12,461 Oh, my God! Someone-- 321 00:18:15,517 --> 00:18:17,225 Commander Onclay, did the accused know 322 00:18:17,393 --> 00:18:20,063 that murder was wrong when he killed the prisoner? 323 00:18:20,230 --> 00:18:23,895 Yes. Based on my examination and my observations, 324 00:18:24,067 --> 00:18:27,317 I believe he appreciated the wrongfulness of his act. 325 00:18:27,487 --> 00:18:29,775 In other words, he was mentally responsible? 326 00:18:30,198 --> 00:18:33,364 - Yes, he was. - Your witness, counsellor. 327 00:18:34,202 --> 00:18:36,527 Dr. Onclay, what was Corporal Barry's state of mind 328 00:18:36,704 --> 00:18:38,282 on the day he dispatched the terrorist? 329 00:18:38,831 --> 00:18:43,292 I believe he was highly agitated. Guilt-ridden, full of impotent rage. 330 00:18:43,461 --> 00:18:45,370 Guilt-ridden? Why guilt-ridden, doctor? 331 00:18:45,546 --> 00:18:47,373 Corporal Barry is trained to fight terrorists. 332 00:18:47,965 --> 00:18:50,005 If a terrorist succeeds, he fails. 333 00:18:50,218 --> 00:18:51,463 Sir, in your report you stated 334 00:18:51,636 --> 00:18:53,842 that he didn't believe then nor does he believe now 335 00:18:54,013 --> 00:18:55,176 that he committed murder. 336 00:18:55,389 --> 00:18:57,429 That's correct. No more than a soldier in combat 337 00:18:57,600 --> 00:18:59,343 believes that killing the enemy is murder. 338 00:18:59,560 --> 00:19:01,600 So though he knows the murder is wrong, 339 00:19:01,771 --> 00:19:03,229 he doesn't think that he murdered? 340 00:19:03,773 --> 00:19:06,145 - Something like that. - Isn't that exactly it, sir? 341 00:19:06,692 --> 00:19:10,476 Corporal Barry is unable to recognise that killing a terrorist is wrong. 342 00:19:10,655 --> 00:19:13,525 An assassin, a sworn enemy of the country. 343 00:19:13,699 --> 00:19:18,445 In fact, sir, isn't it true that he believes it's his duty to kill such people? 344 00:19:18,621 --> 00:19:22,665 I think that's a fair assumption, based on my observations. 345 00:19:22,833 --> 00:19:28,420 Doctor, if I were to take this weapon and give it to Corporal Barry, 346 00:19:28,589 --> 00:19:30,000 would he kill a terrorist with it? 347 00:19:30,216 --> 00:19:31,496 I have no way of knowing. 348 00:19:31,675 --> 00:19:34,676 Doctor, isn't it more likely that Corporal Barry would shoot a terrorist 349 00:19:34,845 --> 00:19:38,973 than, say, Admiral Morris or Major MacKenzie, or you, sir? 350 00:19:39,183 --> 00:19:42,766 Yes, it is more likely based on my evaluation of him. 351 00:19:42,978 --> 00:19:44,638 Doesn't that make him criminally insane? 352 00:19:44,855 --> 00:19:49,184 - Not at all. - Not at all. Not at all. 353 00:19:49,360 --> 00:19:52,479 Because defending one's country against its enemies 354 00:19:52,655 --> 00:19:54,528 is very sane and proper. 355 00:19:54,698 --> 00:19:57,450 Probably the most sane thing that a person can do. Isn't that true? 356 00:19:57,659 --> 00:20:00,115 Well, I don' t know if it's sane or not, 357 00:20:00,287 --> 00:20:03,122 but, yes, it does seem proper to defend one's country. 358 00:20:03,332 --> 00:20:07,246 Thank you very much, doctor. No further questions, Your Honour. 359 00:20:10,506 --> 00:20:14,124 Was Corporal Barry defending his country when he shot the victim? 360 00:20:14,343 --> 00:20:16,798 - That's not for me to decide. - Thank you, doctor. 361 00:20:16,970 --> 00:20:19,259 I think the members of the jury already know the answer 362 00:20:19,431 --> 00:20:21,091 to that question. 363 00:20:37,532 --> 00:20:40,984 As you were. You wanted to see me, corporal? 364 00:20:41,787 --> 00:20:44,360 Yes, sir. Thanks for coming. 365 00:20:45,665 --> 00:20:47,954 Look, juries are unpredictable, 366 00:20:48,126 --> 00:20:50,249 but I think we're getting this one on our side. 367 00:20:52,130 --> 00:20:54,004 I got another lawyer, sir. 368 00:20:54,674 --> 00:20:56,382 Excuse me? 369 00:20:56,801 --> 00:20:58,675 I said I got another lawyer. 370 00:20:58,845 --> 00:21:01,929 Meaning no disrespect, sir, but you're fired. 371 00:21:10,360 --> 00:21:13,148 Admiral, he gunned down the terrorist on live TV. 372 00:21:13,322 --> 00:21:17,485 I was defending him, and I was getting the job done, sir. 373 00:21:17,659 --> 00:21:19,533 Well, your client or rather ex-client 374 00:21:19,703 --> 00:21:23,321 has the right to hire a civilian attorney if he wants one. 375 00:21:23,498 --> 00:21:26,416 I take it you've never been fired before. 376 00:21:26,585 --> 00:21:28,293 No, sir. 377 00:21:28,754 --> 00:21:32,170 Juanita Ressler is a celebrated law professor and litigator. 378 00:21:32,341 --> 00:21:35,295 - Never lost a murder case. - You know, sir, that is the other thing. 379 00:21:35,844 --> 00:21:38,715 There is no way that a corporal could afford that woman. 380 00:21:39,431 --> 00:21:41,887 Maybe she's doing it pro bono. 381 00:21:42,559 --> 00:21:45,228 In any event, Admiral Morris has approved the change. 382 00:21:45,395 --> 00:21:47,222 You're off the case. 383 00:21:50,525 --> 00:21:52,482 Yes, sir. 384 00:21:55,238 --> 00:21:57,065 - I would have won. - You would not have won. 385 00:21:57,282 --> 00:22:00,449 - Yeah, that's him there. - Lieutenant Commander Rabb? 386 00:22:00,660 --> 00:22:01,775 I'm Juanita Ressler. 387 00:22:02,329 --> 00:22:03,408 Welcome aboard, ma'am. 388 00:22:03,622 --> 00:22:06,576 I hope we can manage a smooth and painless transition, commander. 389 00:22:06,750 --> 00:22:09,038 I read the transcript. You put up a good defence. 390 00:22:09,252 --> 00:22:10,450 Apparently not good enough. 391 00:22:12,255 --> 00:22:15,126 - This is Major MacKenzie. - Sarah MacKenzie. 392 00:22:15,342 --> 00:22:17,630 Professor Ressler, I'm flattered you remembered me. 393 00:22:17,844 --> 00:22:20,596 I didn't. When I saw your name listed as trial counsel, 394 00:22:20,764 --> 00:22:22,258 I researched your background. 395 00:22:22,432 --> 00:22:24,306 You were in my Criminal Law class at Duke. 396 00:22:24,517 --> 00:22:28,729 Yes, you advised me to drop Law, and take up lap dancing. 397 00:22:28,938 --> 00:22:30,931 I see you didn't take my advice. 398 00:22:31,733 --> 00:22:35,565 If you'll excuse me, I'll get your case file. 399 00:22:36,863 --> 00:22:39,817 And now we're adversaries. Ironic, isn't it? 400 00:22:40,033 --> 00:22:43,781 - I hope that doesn't frighten you. - Not in the least. 401 00:22:43,953 --> 00:22:45,116 Good. 402 00:22:45,914 --> 00:22:47,538 Excuse me. 403 00:22:51,711 --> 00:22:54,249 - May I? - So who called in the big guns? 404 00:22:54,464 --> 00:22:57,168 Let's just say an anonymous benefactor. 405 00:23:01,220 --> 00:23:02,501 Well, I assume you are familiar 406 00:23:02,680 --> 00:23:06,049 with the UCMJ, MCM, Military Rules of Evidence. 407 00:23:06,225 --> 00:23:09,559 I will be. What I don't know, my staff can research. 408 00:23:09,729 --> 00:23:13,098 You've done an admirable job of painting Mr. Barry as-- 409 00:23:13,274 --> 00:23:14,389 Corporal Barry. 410 00:23:15,526 --> 00:23:16,605 Thank you. 411 00:23:16,777 --> 00:23:20,229 Painting Corporal Barry as a heroic righter of wrongs. 412 00:23:20,406 --> 00:23:22,778 All he lacks is a cape, mask and sword. 413 00:23:24,869 --> 00:23:26,114 Here's your case files. 414 00:23:26,329 --> 00:23:28,617 Why did you abandon the diminished capacity defence? 415 00:23:28,831 --> 00:23:31,037 I didn't. I augmented it. 416 00:23:31,250 --> 00:23:33,539 With an emotional appeal to a military jury. 417 00:23:33,753 --> 00:23:35,377 Military people know better than anyone 418 00:23:35,546 --> 00:23:37,918 the threats this country faces, Ms. Ressler. 419 00:23:38,090 --> 00:23:40,498 They understand why Corporal Barry did it. 420 00:23:40,718 --> 00:23:42,924 Don't they believe in laws they're sworn to protect? 421 00:23:43,095 --> 00:23:44,506 Of course, they do. 422 00:23:44,680 --> 00:23:46,838 They also realise that special circumstances 423 00:23:47,016 --> 00:23:48,676 require special actions. 424 00:23:48,851 --> 00:23:52,267 - Like shooting an unarmed man? - What defence do you have in mind? 425 00:23:52,438 --> 00:23:55,688 I intend to show Corporal Barry is a victim. 426 00:23:55,900 --> 00:23:57,560 Of? 427 00:23:59,069 --> 00:24:01,311 The military system. 428 00:24:04,116 --> 00:24:07,200 She's going for the abuse excuse? That arrogant witch actually believes 429 00:24:07,369 --> 00:24:09,777 that she can finesse me with a Twinkie defence. 430 00:24:09,955 --> 00:24:12,624 - I wouldn't underestimate her, Mac. - Oh, don't worry. I won't. 431 00:24:12,791 --> 00:24:17,287 - I wanna know who hired her. - Harm, stay out of it, please. 432 00:24:17,463 --> 00:24:20,832 I don't want a mistrial. I'm taking that woman out. 433 00:24:21,425 --> 00:24:24,130 A little animosity going there, huh? 434 00:24:24,636 --> 00:24:28,337 For 14 weeks, she humiliated me in class. 435 00:24:29,099 --> 00:24:31,886 We'II, I'm not a timid, little second-year law student anymore. 436 00:24:32,060 --> 00:24:33,341 It's payback time. 437 00:24:34,563 --> 00:24:38,228 Dr. Nichols, you are a psychiatrist and former Marine captain, correct? 438 00:24:38,442 --> 00:24:39,900 Yes. I served for ten years. 439 00:24:40,110 --> 00:24:43,894 Can you explain what happens to a recruit, psychologically, 440 00:24:44,072 --> 00:24:45,614 when he goes through Marine boot camp? 441 00:24:45,824 --> 00:24:48,196 Essentially, he's subjected to a carefully planned barrage 442 00:24:48,368 --> 00:24:50,942 of physical, mental, and emotional demands. 443 00:24:51,121 --> 00:24:52,200 Resulting in? 444 00:24:52,372 --> 00:24:55,741 A person with a great loyalty to the Corps and a belief in Corps doctrine. 445 00:24:55,959 --> 00:24:57,868 It sounds like brainwashing. 446 00:24:59,212 --> 00:25:02,795 Would you say that Corporal Barry displays loyalty to the Corps? 447 00:25:02,966 --> 00:25:05,635 Very much so, but Corporal Barry is an extreme case. 448 00:25:05,802 --> 00:25:07,676 He took the indoctrination a bit too far. 449 00:25:07,846 --> 00:25:08,877 In what way? 450 00:25:09,097 --> 00:25:11,386 The Marines teach, there's two parts to a mission: 451 00:25:11,600 --> 00:25:14,387 Task and intent, with intent the more important. 452 00:25:15,061 --> 00:25:17,220 Corporal Barry believes that by killing the terrorist, 453 00:25:17,397 --> 00:25:19,105 he carried out the intent of the mission. 454 00:25:19,274 --> 00:25:20,649 He protected his country. 455 00:25:20,859 --> 00:25:23,978 So the brainwashing or indoctrination 456 00:25:24,154 --> 00:25:26,063 is the basic reason for his actions? 457 00:25:26,281 --> 00:25:28,439 It's certainly a major contributing factor. 458 00:25:29,868 --> 00:25:33,367 Thank you, Dr. Nichols. No further questions. 459 00:25:34,205 --> 00:25:36,992 Dr. Nichols, what did you do before you joined up? 460 00:25:37,208 --> 00:25:38,406 What do you mean? 461 00:25:38,585 --> 00:25:41,076 Well, you ran with a gang, didn't you? 462 00:25:41,254 --> 00:25:43,045 - Yes, I did. - And yet now you're an MD, 463 00:25:43,214 --> 00:25:46,500 a successful psychiatrist. Why the turnaround? 464 00:25:46,676 --> 00:25:49,001 - I grew up. - I see. 465 00:25:49,178 --> 00:25:51,504 Could it be that the honour, the courage, the commitment, 466 00:25:51,723 --> 00:25:54,807 that the Marines instilled in you helped you grow up? 467 00:25:55,018 --> 00:25:56,428 Absolutely, major. 468 00:25:56,602 --> 00:25:59,354 Well, it's nice to know that Marine Corps brainwashing 469 00:25:59,522 --> 00:26:01,811 doesn't always turn out crazed killers. 470 00:26:10,283 --> 00:26:14,115 - She's good. I'll give her that. - Yeah, she is good, Mac. 471 00:26:14,287 --> 00:26:17,537 - You're better than she is. - Commander. 472 00:26:17,707 --> 00:26:20,245 Was that a compliment? 473 00:26:20,418 --> 00:26:23,703 However you wanna take it. Excuse me. I have to go. 474 00:26:45,192 --> 00:26:49,605 Major MacKenzie neutralised your Dr. Nichols pretty good. 475 00:26:49,780 --> 00:26:53,114 I have more psychiatric experts. 476 00:26:53,284 --> 00:26:56,949 Five hundred dollars an hour plus expenses, 477 00:26:57,121 --> 00:27:02,032 I hope they're more effective than your former Marine, counsellor. 478 00:27:02,251 --> 00:27:03,662 Sir, you can't go in there. 479 00:27:05,838 --> 00:27:08,708 Commander Rabb, don't tell me you followed me. 480 00:27:09,425 --> 00:27:11,916 I'm sorry, Mr. Bertram. Should I call security? 481 00:27:12,136 --> 00:27:14,128 No, that's all right, Becky. 482 00:27:14,304 --> 00:27:16,760 Commander Rabb's always welcome here. 483 00:27:18,517 --> 00:27:21,138 I don't believe we've had the formalities. 484 00:27:21,311 --> 00:27:22,556 Percival Bertram. 485 00:27:22,729 --> 00:27:23,809 The mysterious benefactor 486 00:27:23,981 --> 00:27:25,808 who had me replaced as defence counsel. 487 00:27:25,983 --> 00:27:29,149 Oh, no reflection on your lawyering skills, commander, 488 00:27:29,319 --> 00:27:33,103 but there's no substitute for experience. 489 00:27:33,282 --> 00:27:36,651 May I call you Harm? My friends call me Bert. 490 00:27:36,827 --> 00:27:38,866 Really? They don't call you Percy? 491 00:27:40,414 --> 00:27:42,905 Not since I got rich and famous. 492 00:27:43,083 --> 00:27:46,250 Well, I'm going to leave you boys alone, 493 00:27:46,420 --> 00:27:49,374 so that you can decide whose is bigger. 494 00:27:49,965 --> 00:27:51,708 Have fun. 495 00:27:52,801 --> 00:27:55,837 There goes a good old gal. 496 00:27:56,012 --> 00:28:00,758 - She's a crackerjack attorney too. - Crackerjack civilian attorney. 497 00:28:00,934 --> 00:28:03,603 That's what gives her an edge. 498 00:28:03,770 --> 00:28:07,020 She'll do anything for an acquittal. 499 00:28:07,190 --> 00:28:11,235 Even blame the military, and that's a line that you won't cross. 500 00:28:11,778 --> 00:28:13,818 Why are you getting involved in this, Mr. Bertram? 501 00:28:14,030 --> 00:28:17,150 Because I will not stand by and watch that young patriot suffer 502 00:28:17,325 --> 00:28:21,453 for doing something that none of us had the guts to do. 503 00:28:21,621 --> 00:28:24,492 Those people can attack us at will. 504 00:28:24,666 --> 00:28:28,533 Beirut, Khobar Towers, World Trade Center, embassies, 505 00:28:28,712 --> 00:28:29,791 and now the Wake Island. 506 00:28:29,963 --> 00:28:32,501 We retaliated for the embassies, Mr. Bertram. 507 00:28:32,674 --> 00:28:35,212 - We'll retaliate for Wake Island. - How? 508 00:28:35,385 --> 00:28:38,090 By blowing up a pill factory in the Sudan? 509 00:28:38,263 --> 00:28:41,133 By lobbing some missiles into Afghanistan? 510 00:28:41,349 --> 00:28:44,267 We should be going after their governments, their leaders. 511 00:28:44,477 --> 00:28:45,556 But what are we doing? 512 00:28:45,728 --> 00:28:47,555 We're going after a bunch of ragtag gorillas 513 00:28:47,730 --> 00:28:49,604 stoking around in mountain caves. 514 00:28:50,316 --> 00:28:53,768 Their terrorism will not defeat us, commander, 515 00:28:53,945 --> 00:28:56,317 but our complacency will. 516 00:28:56,531 --> 00:28:58,523 We've got to let those bastards know 517 00:28:58,700 --> 00:29:01,535 that there's no more open season on Americans. 518 00:29:01,744 --> 00:29:05,956 We have the most powerful nation on the face of the earth. 519 00:29:06,124 --> 00:29:10,453 And by the Lord God, we're going hunting. 520 00:29:10,670 --> 00:29:14,584 Because we are the most powerful nation on the earth, sir, 521 00:29:14,757 --> 00:29:15,836 we can't. 522 00:29:16,008 --> 00:29:19,757 Oh, come down from your high moral ground, commander. 523 00:29:19,929 --> 00:29:23,974 - You know you agree with me. - Part of me, maybe. 524 00:29:24,141 --> 00:29:29,432 But the other part, sir, knows that we are a nation of laws, 525 00:29:29,605 --> 00:29:31,930 and that is what makes us great. 526 00:29:32,108 --> 00:29:34,147 Vigilantes like yourself 527 00:29:34,318 --> 00:29:36,643 are as dangerous to this country as the terrorists. 528 00:29:36,862 --> 00:29:39,400 Because you believe that, commander, 529 00:29:39,573 --> 00:29:42,409 that is why I had you replaced. 530 00:29:44,120 --> 00:29:46,361 Any more witnesses, Ms. Ressler? 531 00:29:46,539 --> 00:29:48,578 No, Your Honour. Defence rests. 532 00:29:48,749 --> 00:29:51,038 Major MacKenzie, are you ready with closing arguments? 533 00:29:51,210 --> 00:29:53,119 Yes, Your Honour. 534 00:29:56,507 --> 00:30:01,216 There's a prevailing attitude out there that someone or something else 535 00:30:01,387 --> 00:30:04,590 is responsible for our wrongful conduct. 536 00:30:04,765 --> 00:30:06,046 Abusive parents, 537 00:30:06,767 --> 00:30:10,432 a cheating spouse, postpartum depression. 538 00:30:10,604 --> 00:30:13,890 And now Ms. Ressler has invented a new villain. 539 00:30:14,066 --> 00:30:16,059 Boot camp. 540 00:30:17,569 --> 00:30:19,194 But that's out there. 541 00:30:19,405 --> 00:30:20,733 This is the Marine Corps. 542 00:30:20,906 --> 00:30:23,527 We take responsibility for our actions. 543 00:30:23,742 --> 00:30:25,818 Lives depend on it. 544 00:30:26,370 --> 00:30:28,528 Not one expert witness testified 545 00:30:28,705 --> 00:30:32,489 that Corporal Barry has a mental illness. 546 00:30:32,668 --> 00:30:34,292 He's not a paranoid schizophrenic, 547 00:30:34,503 --> 00:30:37,954 a psychopath, or a deviant of any kind. 548 00:30:38,924 --> 00:30:41,296 He's an angry young man who decided-- 549 00:30:41,468 --> 00:30:45,466 Decided to shoot an Arab. 550 00:30:47,474 --> 00:30:50,808 In our society, rage, no matter how justified, 551 00:30:50,978 --> 00:30:53,978 is not a defence. 552 00:30:54,940 --> 00:30:57,561 You have only one recourse. 553 00:30:58,110 --> 00:31:02,902 To find Corporal Barry guilty of premeditated murder. 554 00:31:08,453 --> 00:31:10,446 Oh, my God. 555 00:31:21,341 --> 00:31:23,832 Oh, my God. Someone-- 556 00:31:28,390 --> 00:31:32,601 Yours is a proud and honourable organisation. 557 00:31:32,769 --> 00:31:35,390 I am not here to malign the Corps. 558 00:31:35,563 --> 00:31:38,648 But if there is a flaw in the system, 559 00:31:38,817 --> 00:31:42,766 you must recognise it before you can fix it. 560 00:31:42,946 --> 00:31:47,323 Marcus Barry was stripped of his identity, 561 00:31:47,492 --> 00:31:50,659 and turned into a Marine. 562 00:31:51,329 --> 00:31:55,908 This should have been a good thing, but something went awry. 563 00:31:56,084 --> 00:32:02,003 Along the way, he lost his innate sense of right and wrong. 564 00:32:02,173 --> 00:32:05,423 Now, the question you must ask yourselves is: 565 00:32:05,593 --> 00:32:10,302 Did Corporal Barry, motivated by rage and hatred, 566 00:32:10,473 --> 00:32:13,178 kill the terrorist of his own free will? 567 00:32:13,351 --> 00:32:19,471 Or did he, driven by an overwhelming sense of duty, 568 00:32:19,649 --> 00:32:25,105 instilled in him by the Corps, impulsively kill the terrorist 569 00:32:25,279 --> 00:32:27,355 to save his country? 570 00:32:32,036 --> 00:32:33,945 Major MacKenzie. 571 00:32:34,830 --> 00:32:35,910 Nice closing. 572 00:32:36,582 --> 00:32:40,532 - Thank you. So was yours. - You've become a fine lawyer, Sarah. 573 00:32:41,462 --> 00:32:43,704 But the world lost a good lap dancer, right? 574 00:32:45,174 --> 00:32:48,460 That suggestion was not meant to make you leave law school. 575 00:32:48,636 --> 00:32:51,553 It was meant to provoke you to keep you in. 576 00:32:53,599 --> 00:32:55,841 See you tomorrow, counsellor. 577 00:33:36,061 --> 00:33:40,522 - Sir? I have the autopsy report. - Thanks, Bud. 578 00:33:40,733 --> 00:33:42,476 You should have seen Major MacKenzie today. 579 00:33:42,651 --> 00:33:45,569 - She was great. - Oh, I bet she was. 580 00:33:45,779 --> 00:33:47,357 Is there something I can help you with? 581 00:33:47,573 --> 00:33:50,360 Yeah, something doesn't jive here. 582 00:33:53,120 --> 00:33:54,579 There. That. 583 00:33:54,788 --> 00:33:56,781 Massive haemorrhaging. Hemothorax. 584 00:33:57,457 --> 00:33:59,450 What does that mean to you? 585 00:33:59,626 --> 00:34:00,955 Lots of bleeding. 586 00:34:01,587 --> 00:34:03,912 - You nailed it, Bud. - I did? 587 00:34:05,424 --> 00:34:07,001 Rabb. 588 00:34:08,468 --> 00:34:09,963 When? 589 00:34:12,055 --> 00:34:13,597 Thanks. 590 00:34:15,934 --> 00:34:18,639 The bombing at the American Central Hotel in Riyadh. 591 00:34:18,812 --> 00:34:20,092 Forty people are dead. 592 00:34:26,611 --> 00:34:29,648 But I'm afraid that well may be dry, sir. 593 00:34:29,823 --> 00:34:32,148 Yes, sir. We'll keep trying. 594 00:34:34,035 --> 00:34:37,985 - What do you want, commander? - Show me the body. 595 00:34:38,164 --> 00:34:40,537 - What? - Show me the body. 596 00:34:40,709 --> 00:34:42,867 I don't have time for this. There was another bombing. 597 00:34:43,044 --> 00:34:45,714 I'm aware of that. Show me the terrorist's body. 598 00:34:45,880 --> 00:34:47,624 - He was cremated. - Bull. 599 00:34:47,841 --> 00:34:50,758 I'm getting tired of you calling me a liar. Leave, I've got work to do. 600 00:34:50,927 --> 00:34:52,552 Produce the body. 601 00:34:53,805 --> 00:34:55,216 This isn't your case anymore. 602 00:34:55,432 --> 00:34:58,302 Who else knows about this? SECNAV? Attorney general? 603 00:34:59,144 --> 00:35:00,852 They will. 604 00:35:23,835 --> 00:35:24,914 How did you know? 605 00:35:25,086 --> 00:35:28,455 I knew there was something wrong with the shooting 606 00:35:28,631 --> 00:35:30,209 when I realised there was no blood. 607 00:35:30,425 --> 00:35:31,539 They had him in Kevlar. 608 00:35:32,343 --> 00:35:34,419 The bullets broke ribs and knocked him unconscious, 609 00:35:34,595 --> 00:35:35,758 but the vest saved his life. 610 00:35:35,972 --> 00:35:38,344 Now, how long were you gonna keep him under wraps, Novack? 611 00:35:39,267 --> 00:35:41,888 Until we found the person that masterminded the attack. 612 00:35:42,437 --> 00:35:44,725 If he thinks we have Nasseen, and we're questioning him, 613 00:35:44,897 --> 00:35:46,724 he'll go to ground. We'll never catch him. 614 00:35:46,899 --> 00:35:48,559 That's why I need you to keep this quiet. 615 00:35:48,776 --> 00:35:50,935 Corporal Barry is up on murder charges. 616 00:35:51,153 --> 00:35:53,823 Hey, nobody told him to shoot this guy. 617 00:35:53,990 --> 00:35:57,026 Look, Rabb, you could bust us right now, but what will you gain? 618 00:35:57,201 --> 00:35:59,988 Well, at the very least, I'd put an end to a bogus trial. 619 00:36:00,204 --> 00:36:02,742 Granted. It would also blow our investigation. 620 00:36:02,915 --> 00:36:05,620 Where is your investigation right now anyway, Novack? 621 00:36:08,129 --> 00:36:10,750 Nasseen's control was Assyrian. No name. 622 00:36:10,923 --> 00:36:13,212 He gave Nasseen 200,000 American dollars. 623 00:36:13,426 --> 00:36:14,671 American, huh? 624 00:36:14,844 --> 00:36:16,967 Nasseen told us where he stashed the money. 625 00:36:17,138 --> 00:36:18,680 We retrieved about half of it. 626 00:36:18,889 --> 00:36:20,549 Any chance of tracing the serial numbers? 627 00:36:20,724 --> 00:36:21,804 We think so. 628 00:36:21,976 --> 00:36:25,095 Whatever bank gave him the money, most likely recorded the numbers. 629 00:36:25,312 --> 00:36:27,886 Banks often do that when there's a large cash withdrawal. 630 00:36:28,107 --> 00:36:30,645 Once we find the bank, we can backtrack to the source. 631 00:36:30,860 --> 00:36:33,695 - Well, how long is that gonna take? - A couple of days, maybe. 632 00:36:33,862 --> 00:36:36,353 Depending on how difficult they made their financial conduits. 633 00:36:36,532 --> 00:36:38,857 Meanwhile, the guy who masterminded this operation 634 00:36:39,034 --> 00:36:40,826 is out spreading terror elsewhere. 635 00:36:41,036 --> 00:36:43,954 All the more reason for you to keep your mouth shut about this. 636 00:36:48,210 --> 00:36:49,752 We have to tell Admiral Morris. 637 00:36:49,962 --> 00:36:52,453 - Now, let's think about this. - What's to think about? 638 00:36:52,631 --> 00:36:53,710 It's a mistrial. 639 00:36:53,882 --> 00:36:56,753 The government falsified evidence and committed perjury. 640 00:36:56,927 --> 00:36:58,670 If Barry could sue us, I'd take his case. 641 00:36:58,887 --> 00:37:01,010 Five minutes ago, you wanted to hang him. 642 00:37:01,223 --> 00:37:03,097 Five minutes ago, he was a murderer. 643 00:37:03,308 --> 00:37:05,301 It's only by chance he's not. 644 00:37:08,230 --> 00:37:10,721 Are you suggesting we let the trial continue, sir? 645 00:37:10,899 --> 00:37:15,146 Of course not, but there is a greater good to be considered here. 646 00:37:15,320 --> 00:37:20,029 There are also ethics involved, sir. Some rules shouldn't be broken. 647 00:37:20,200 --> 00:37:22,738 - Mac. - No, she has a point. 648 00:37:23,745 --> 00:37:28,324 Admiral, if I may suggest, this really isn't our decision to make. 649 00:37:30,502 --> 00:37:32,578 - Set up the meeting. - Aye, aye, sir. 650 00:37:36,424 --> 00:37:38,168 What is it, major? 651 00:37:39,928 --> 00:37:43,712 Sir, were you aware that Nasseen was alive before today? 652 00:37:50,855 --> 00:37:53,144 No, major, I was not. 653 00:37:56,444 --> 00:37:59,398 - But in the kitchen, you-- - Is there something else? 654 00:38:00,615 --> 00:38:02,275 No, sir. Thank you, sir. 655 00:38:06,579 --> 00:38:09,153 I don't understand, sir. You mean, I didn't kill anyone? 656 00:38:09,332 --> 00:38:12,286 The terrorist survived the shooting. The FBI has him. 657 00:38:12,460 --> 00:38:15,165 - How long have you known this? - We just found out. 658 00:38:15,338 --> 00:38:19,039 - The autopsy report? - Phoney. Agent Novack misled us. 659 00:38:19,217 --> 00:38:20,332 How about out and out lied? 660 00:38:20,510 --> 00:38:23,677 Ms. Ressler, I'm not gonna try to sugarcoat this. 661 00:38:23,846 --> 00:38:25,045 The government messed up. 662 00:38:25,223 --> 00:38:27,548 Obviously the murder charges will be dropped. 663 00:38:27,767 --> 00:38:29,641 Obviously. What about assault? 664 00:38:29,811 --> 00:38:33,144 Any charges stemming from the shooting will be thrown out. 665 00:38:33,314 --> 00:38:36,399 Of course, he will be discharged from the Corps. 666 00:38:36,567 --> 00:38:40,351 Fine, then if you'll be so kind as to release my client immediately. 667 00:38:40,530 --> 00:38:43,151 Oh, we can do that, 668 00:38:43,324 --> 00:38:45,566 but in order to catch the person behind these bombings, 669 00:38:45,743 --> 00:38:48,281 we can't reveal that the prisoner is alive. 670 00:38:48,454 --> 00:38:50,198 Are you saying what I think you're saying? 671 00:38:50,373 --> 00:38:52,164 We wanna continue the trial, ma'am. 672 00:38:52,375 --> 00:38:54,533 My client was looking at a possible death penalty, 673 00:38:54,710 --> 00:38:56,952 while the government played its spy games. 674 00:38:57,129 --> 00:38:59,799 - He's walking. - Corporal. 675 00:39:01,509 --> 00:39:05,044 You can walk out that door right now a free man, 676 00:39:05,221 --> 00:39:06,383 or you can stay and help us. 677 00:39:06,973 --> 00:39:08,218 Help you how, sir? 678 00:39:08,432 --> 00:39:11,006 Continue the trial through the verdict and penalty phase. 679 00:39:11,227 --> 00:39:12,970 No. Absolutely not. 680 00:39:13,187 --> 00:39:16,223 There's a man out there determined to kill-- 681 00:39:16,691 --> 00:39:18,813 Determined to kill more Americans. 682 00:39:18,984 --> 00:39:21,522 I'm asking you to stay and help us catch him. 683 00:39:21,737 --> 00:39:23,231 Permission to speak freely, admiral? 684 00:39:25,074 --> 00:39:27,113 Shooting that guy, 685 00:39:27,868 --> 00:39:28,947 I was wrong, sir. 686 00:39:29,703 --> 00:39:31,826 It's what they do. I don't wanna be like them. 687 00:39:32,957 --> 00:39:35,080 Now you're telling me I didn't kill anyone. 688 00:39:35,251 --> 00:39:37,409 It's like a second chance. 689 00:39:39,171 --> 00:39:42,540 Ma'am, thanks for your concern and everything. 690 00:39:43,342 --> 00:39:44,670 This is something I've gotta do. 691 00:39:46,428 --> 00:39:49,928 - Of course I'll help you, sir. - I won't be a part of this. 692 00:39:50,099 --> 00:39:51,641 Counsellor, I don't need to remind you 693 00:39:51,809 --> 00:39:53,766 that everything you heard in here is privileged. 694 00:39:53,936 --> 00:39:55,679 Don't worry, admiral. I won't say anything. 695 00:39:55,854 --> 00:39:58,428 No one would believe me anyway. 696 00:40:00,192 --> 00:40:02,564 Let me know what the verdict is. 697 00:40:06,198 --> 00:40:08,107 Commander. 698 00:40:08,325 --> 00:40:09,867 Do you want your old job back, sir? 699 00:40:21,463 --> 00:40:22,661 I have news. 700 00:40:22,839 --> 00:40:24,631 - Not another bombing? - No. 701 00:40:24,800 --> 00:40:27,207 - We back-trailed the money. - Where? 702 00:40:27,386 --> 00:40:30,422 Washington, D.C. First Merchants Bank. 703 00:40:30,597 --> 00:40:33,847 You know who has accounts at First Merchants Bank? 704 00:40:36,937 --> 00:40:39,060 Commander Rabb and Special Agent Novack, sir. 705 00:40:39,231 --> 00:40:42,018 Come in, gentlemen. Have a seat. 706 00:40:42,192 --> 00:40:46,486 Well, I understand you're back in the saddle with Corporal Barry. 707 00:40:46,655 --> 00:40:50,604 My little gal quit. She didn't say why. 708 00:40:50,784 --> 00:40:52,942 Do you know why? 709 00:40:53,119 --> 00:40:56,370 Haven't a clue, but you know what they say. 710 00:40:56,539 --> 00:40:59,410 Never a horse couldn't be rode, never a rider couldn't be throwed. 711 00:41:02,712 --> 00:41:04,420 Well, then, what can I do for you? 712 00:41:04,589 --> 00:41:06,297 Well, we have some news for you, sir. 713 00:41:06,508 --> 00:41:08,880 We know who financed the Wake Island attack. 714 00:41:09,094 --> 00:41:12,712 - Really? Who? - You. 715 00:41:12,889 --> 00:41:14,597 What in blazes are you talking about? 716 00:41:14,808 --> 00:41:16,931 Three months ago, you took a trip to Saudi Arabia. 717 00:41:17,143 --> 00:41:19,895 - That's right. A business trip. So? - You met with someone there. 718 00:41:20,063 --> 00:41:21,806 - Who was it? - A Saudi businessman. 719 00:41:21,981 --> 00:41:25,481 We formed a joint venture to build factories in the Middle East. 720 00:41:25,652 --> 00:41:29,519 I was to provide the capital, he was to provide the clients. So what? 721 00:41:29,739 --> 00:41:31,198 That businessman took your capital, 722 00:41:31,366 --> 00:41:33,691 and used it to finance the Wake Island attack. 723 00:41:33,868 --> 00:41:37,154 - Probably the Central Hotel as well. - I'm sure many more to come. 724 00:41:38,456 --> 00:41:39,535 I don't believe you. 725 00:41:39,707 --> 00:41:42,412 You wired $4 million to a bank in Amsterdam. 726 00:41:42,585 --> 00:41:45,586 From there, the money was sent via a letter of credit to a bank in Riyadh. 727 00:41:45,755 --> 00:41:48,791 The cash was withdrawn and taken to Syria. 728 00:41:51,177 --> 00:41:52,719 Here's some of it back. 729 00:41:53,429 --> 00:41:56,549 We found it hidden in an apartment in Damascus. 730 00:41:57,558 --> 00:41:59,218 Are you saying that my money was used 731 00:41:59,393 --> 00:42:01,849 to finance terrorist attacks on Americans? 732 00:42:02,021 --> 00:42:03,480 That's what we're saying. 733 00:42:12,323 --> 00:42:15,028 The man's name was Fazal Kasi. 734 00:42:18,079 --> 00:42:19,656 I talked to him this morning. 735 00:42:20,539 --> 00:42:24,833 Another cash transfer is due within 48 hours. 736 00:42:25,002 --> 00:42:26,413 Fat chance. 737 00:42:29,381 --> 00:42:31,006 No, sir. 738 00:42:31,550 --> 00:42:32,713 Make that transfer. 739 00:42:52,279 --> 00:42:56,193 Intercept One, this is Control. Subject is leaving the bank. 740 00:42:56,367 --> 00:42:58,655 Ten four, Control. We've got him. 741 00:42:58,827 --> 00:43:03,121 Agent Novack just called. They have Fazal Kasi. 742 00:43:06,335 --> 00:43:07,663 Damn. 743 00:43:07,878 --> 00:43:10,334 There is one small wrinkle. He's dead. 744 00:43:10,839 --> 00:43:14,255 FBI was about to apprehend him. He was gunned down in a drive-by. 745 00:43:14,468 --> 00:43:15,713 Two bullets to the heart. 746 00:43:15,886 --> 00:43:18,507 - Are we sure that he's dead, sir? - We're sure. 747 00:43:18,722 --> 00:43:20,513 - Who shot him? - They don't know. 748 00:43:20,724 --> 00:43:21,969 Killers got away. 749 00:43:24,686 --> 00:43:26,762 At least there's one less terrorist in the world. 750 00:43:27,606 --> 00:43:31,473 Yes, sir, and one more murderer.