A FEW GOOD MEN
Screenplay by
Aaron Sorkin
Revised third draft
© July 15, 1991
FADE IN:
EXT. A SENTRY TOWER--
--in the middle of the night, in the middle of nowhere.
Small beams of light coming from lamps attached to the tower
cut through the ground mist. We HEAR all the unidentifiable
sounds of night in the woods. We also HEAR, very, very
faintly, a slow, deliberate drum cadence. And as this starts,
we begin to MOVE SLOWLY UP THE TOWER, more becomes visible
now: ... the sandbags on the ground piled ten-high... the
steel, fire escape-type stairway wrapping around the
structure and leading to the lookout post, and finally... THE
LOOKOUT POST, maybe forty feet off the ground.
Standing the post is the silhouette of A MARINE. He's
holding a rifle and staring straight out.
The drum cadence has been building slightly.
CUT TO:
A WIDER SHOT OF THE FENCELINE. And we see by the moonlight
that the tall wire-mesh fence winds its way far, far into the
distance.
Subtitle: united states naval bas guantanamo bay- cuba.
The drum cadence continues, and we
CUT TO:
INT. A MARINE BARRACKS
We HEAR two pairs of footsteps and then
CUT TO:
THE BARRACKS CORRIDOR
where we see that the footsteps belong to DAWSON and DOWNEY,
two young marines who we'll get to know later. They stop
when they get to a certain door. The drum cadence is still
growing. DAWSON puts his hand on the doorknob and turns it
slowly. He opens's the door and they walk into
INT. SANTIAGO'S ROOM - NIGHT
WILLY SANTIAGO, a young, very slight marine, lies asleep in
his bunk.
DAWSON kneels down by the bed, puts his hand on SANTIAGO'S
shoulder and shakes him gently. SANTIAGO opens his yes, looks
at DAWSON, and for a moment there's nothing wrong--
--and then SANTIAGO's eyes fill with terror. He lunges out
of the bed----but forget about it. In one flash DAWSON and
DOWNEY grab him out of bed, and before the scream can come
out, DOWNEY's shoved a piece of cloth into SANTIAGO's mouth.
Everything that happens next occurs with speed, precision and
professionalism.
--A strip of duct tape is pulled, ripped, and slapped onto
his mouth and eyes--
--A length of rope is wrapped around his hands and feet.
DOWNEY
(quietly)
You're lucky it's us, Willy.
--An arm grabs him tightly around the neck, not choking him,
just holding his head still--
--The drum cadence has built to a crescendo. We HEAR four
sharp blasts from a whistle and we
SMASH CUT TO:
EXT. THE WASHINGTON NAVY YARD - DAY
and the drum cadence we've been hearing has turned into
Semper Fidelis and it's coming from
THE U.S. MARINE CORPS BAND, a sight to behold in their red
and gold uniforms and polished silver and brass.
The BAND is performing on the huge and lush parade grounds
before a crowd made up mostly of TOURISTS and DAY-CAMPERS.
As the TITLES ROLL, we watch the BAND do their thing from
various angles. Incredible precision is the name of the game.
Each polished black shoe hitting the ground as if they were
all attached by a rod. Each drumstick raised to tho same
fraction of a centimeter before striking. A RIFLE DRILL TEAM
that can't possibly be human. Flags, banners, the works.
SUBTITLE: THE WASHINGTON NAVY YARD, WASHINGTON, D.C.
CUT TO:
HIGH ANGLE of the entire band an we end credits.
CUT TO:
EXT. A RED BRICK BUILDING - DAY
It's an important building, a main building. A few SAILERS
enter and exit and
CUT TO:
A WOMAN
as she walks across the courtyard toward the brick building.
The WOMAN is
JOANNE GALLOWAY, a navy lawyer in her early 30's. She's
bright, attractive, impulsive, and has a tendency to speak
quickly. If she had any friends, they'd call her JO. As she
walks, she mutters to herself ...
JO
I'm requesting... I'm... Captain, I'd like
to request that I be the attorney assigned
to rep--I'd like to request that it be
myself who is assigned to represent--
(she stops)
"That it be myself who is assigned to
represent"? ...Good, Jo, that's confidence
inspiring.
We follow JO, still muttering, as she walks into the brick
building which bears the seal of the
UNITED STATES NAVY - JUDGE ADVOCATE GENERAL'S CORPS
CUT TO:
INT. WEST'S OFFICE - DAY
As JO enters. CAPTAIN WEST and two other officers, GIBBS
and LAWRENCE, sit around a conference table.
GIBBS
Jo, come on in.
JO
Thank you, sir.
GIBBS
Captain West, this is Lt. Commander
Galloway. Jo, you know Mike Lawrence.
JO
Yes sir.
(to WEST)
Captain, I appreciate your seeing me on
such short notice.
WEST
I understand there was some trouble over
the weekend down in Cuba.
JO
Yes sir..This past Friday evening. Two
marines, Corporal Harold Dawson and
Private Louden Downey, entered the
barracks room of a PFC William Santiago
and assaulted him. Santiago died at the
base hospital approximately an hour later.
The NIS agent who took their statements
maintains they were trying to prevent
Santiago from naming them in a fenceline
shooting incident. They're scheduled to
have a hearing down in Cuba at 4:00 this
afternoon.
LAWRENCE
What's the problem?
JO
Dawson and Downey are both recruiting
poster marines and Santiago was known to
be a screw-up. I was thinking that it
sounded an awful lot like a code red.
Jo lets this sink in a moment.
WEST
(under his breath)
Christ.
JO
I'd like them moved up to Washington and
assigned counsel. Someone who can really
look into this. Someone who possesses not
only the legal skill, but a familiarity
with the inner workings of the military.
In short, Captain, I'd like to suggest
that... I be the one who, that it be me
who is assigned to represent them.
(beat)
Myself.
Jo looks around the room for a response.
WEST
Joanne, why don't you get yourself a cup
of coffee.
JO
Thank you, sir, I'm fine.
WEST
Joanne, I'd like you to leave the room so
we can talk about you behind your back.
JO
Certainly, sir.
JO gets up and walks out.
WEST
I thought this Code Red shit wasn't going
on any-more.
LAWRENCE
With the marines at GITMO? Who the hell
knows what goes on down there.
WEST
Well lets find out before the rest of the
world does, this thing could get messy.
What about this woman?
LAWRENCE
Jo's been working a desk at internal
affairs for what, almost a year now.
WEST
And before that?
GIBBS
She disposed of three cases in two years.
WEST
Three cases in two years? Who was she
handling, the Rosenbergs?
GIBBS
She's not cut out for litigation.
LAWRENCE
She's a hall of an investigator, Jerry--
GIBBS
In internal affairs, sure. She can crawl
up a lawyer's ass with the best of 'em,
but when it comes to trial work--
WEST
I know. All passion, no street smarts.
Bring her back in.
LAWRENCE goes to the door and motions for JO to come back in.
WEST
(continuing)
Commander, we're gonna move the defendants
up here in the morning.
JO
Thank you, sir.
WEST
And I'll have Division assign them
counsel..
JO
(beat)
But ... not me.
WEST
From what I understand from your
colleagues, you're much too valuable in
your present assignment to be wasted on
what I'm sure will boil down to a five
minute plea bargain and a week's worth of
paper work.
JO
Sir--
WEST
Don't worry about it. I promise you,
division'll assign the right man for the
job.
CUT TO:
EXT. SOFTBALL FIELD - DAY
THE RIGHT MAN FOR THE JOB
His name is LIEUTENANT JUNIOR GRADE DANIEL ALLISTAIR KAFFEE,
and it's almost impossible not to like him. At the moment
he's hitting fungoes to about a dozen LAWYERS who are spread
out on the softball field on a corner of the bass. The '27
Yankees they're not, but they could probably hold their own
against a group of, say, Airforce dentists.
KAFFEE's in his late 20's, 15 months out of Harvard Law
School, and a brilliant legal mind waiting for a courageous
spirit to drive it. He is, at this point in his life,
passionate about nothing ... except maybe softball.
KAFFEE
(calling out to the
team)
Alright, let's get two!
He smacks one to the SECOND BASE. The ball bounces right
between his legs.
SECOND BASE
Sorry!
KAFFEE
Nothing to be sorry about, Sherby. Just
look the ball into your glove.
He smacks one out to the same place. It bounces off the heel
of SHERBY's glove and into center field.
SECOND BASE (SHERBY)
Sorry!
KAFFEE
You gotta trust me, Sherby. You keep your
eyes open, your chances of catching the
ball increase by a factor of ten.
SPRADLING, a young naval officer, sweaty and out of breath,
walks up behind the backstop.
SPRADLING
Kaffee!
KAFFEE
Let's try it again.
SPRADLING
Kaffee!!
KAFFEE
(turning)
Dave. You seem upset and distraught.
SPRADLING
We were supposed to meet in your office 15
minutes ago to talk about the McDermott
case. You're stalling on this thing. Now
we got this done and I mean now, or no
kidding, Kaffee, I'll hang your boy from
a fuckin' yardarm.
KAFFEE
A yardarm?
(calling out)
Sherby, does the Navy still hang people
from yardarms?
SHERBY
(calling back)
I don't think so, Danny.
KAFFEE
(back to SPRADLING)
Dave, Sherby doesn't think the Navy hangs
people from yardarms anymore.
(back to the field)
Let's go, let's get two!
He goes back to hitting fungoes.
SPRADLING
I'm gonna charge him with possession and
being under the influence while on duty.
Plead guilty and I'll recommend 30 days in
the brig with loss of rank and pay.
KAFFEE
It was oregano, Dave, it was ten dollars
worth of oregano.
SPRADLING
Yeah, well your client thought it was
marijuana.
KAFFEE
My client's a moron, that's not against
the law.
Swapp! The THIRD BASEMAN takes one in the face.
KAFFEE
(continuing)
Ow. That had to hurt.
(calling out)
Way to keep your head in the play, Lester.
Walk it off!
SPRADLING
I've got people to answer to just like
you, I'm gonna charge him.
KAFFEE
With what, possession of a condiment?
SPRADLING
Kaffee--
KAFFEE
Dave, I've tried to help you out of this,
but if you ask for tall time, I'm gonna
file a motion to dismiss.
SPRADLING
You won't got it.
KAFFEE
I will get it.
KAFFEE
(continuing)
And if the MTD is denied, I'll file a
motion in liminee seeking to obtain
evidentiary ruling in advance, and after
that I'm gonna file against pre-trial
confinement, and you're gonna spend an
entire summer going blind on paperwork
because a Signalman Second Class bought
and smoked a dime bag of oregano.
SPRADLING
B Misdemeanor, 20 days in the brig.
KAFFEE
C Misdemeanor, 15 days restricted duty.
SPRADLING
I don't know why I'm agreeing to this.
KAFFEE
'Cause you have wisdom beyond your years.
Dave, can you play third base?
INT. CONFERENCE ROOM - DAY
About 16 NAVY AND MARINE LAWYERS (several of whom are women)
are taking their seats around a large conference table.
A PARALEGAL is handing out folders and some photocopied
papers to the LAWYERS.
We might notice that one of the lawyers is Lieutenant Junior
Grade SAM WEINBERG. Sam's serious and studious looking. If
he weren't in uniform, you wouldn't guess that he was a naval
officer.
CAPTAIN WHITAKER walks in.
WHITAKER
'Morning.
LAWYERS
(school class)
'Morning Captain Whitaker.
WHITAKER
Sam, how's the baby?
SAM
I think she's ready to say her first word
any day now.
WHITAKER
How can you tell?
SAM
She just looks like she has something to
say.
KAFFEE walks in.
KAFFEE
Excuse me, sorry I'm late.
WHITAKER
I'm sure you don't have a good excuse, so
I won't force you to come up with a bad
one.
KAFFEE
Thank you, Isaac, that's nice of you.
WHITAKER
Sit-down, this first one's for you.
He hands KAFFEE some files.
WHITAKER
(continuing)
You're moving up in the world, Danny,
you've been requested by Division.
"Oooh"'s and "Ahhh"'S from the other LAWYERS. (Subtle Note:
Kaffee doesn't want to move up in the world.)
KAFFEE
Requested to do what?
WHITAKER hands him a file.
WHITAKER
Guantanamo Bay, Cuba. A marine corporal
named Dawson illegally fires a round from
his weapon over the fenceline and into
Cuban territory.
KAFFEE
What's a fenceline?
WHITAKER
Sam?
SAM
A big wall separating the good guys from
the bad guys.
KAFFEE
Teachers pet.
WHITAKER
PFC William Santiago threatens to rat on
Dawson to the Naval investigative Service.
Dawson and another member of his squad,
PFC Louden Downey, they go into Santiago's
room, tie him up, and stuff a rag down his
throat. An hour later, Santiago's dead.
Attending physician says the rag was
treated with some kind of toxin.
KAFFEE
They poisoned the rag?
WHITAKER
Not according to them.
KAFFEE
What do they say?
WHITAKER
Not much. They're being flown up here
tomorrow and on Thursday at 0600 you'll
catch a transport down to Cuba for the day
to find out what you can. Meantime, go
across the yard and see Lt. Commander
Joanne Galloway. She's the one who had
'em brought up here. She'll fill you in
on whatever she has. Any questions?
KAFFEE
The flight to Cuba, was that 0600 in the
morning, sir?
WHITAKER
It seems important to Division that this
one be handled by the book, so I'm
assigning co-counsel. Any volunteers?
SAM
No.
WHITAKER
Sam.
SAM
I have a stack of paper on my desk--
WHITAKER
Work with Kaffee on this.
SAM
Doing what? Kaffee'll finish this up in
four days.
WHITAKER
Do various... administrative... you
know... things. Back-up. Whatever.
SAM
In other words I have no responsibilities
whatsoever.
WHITAKER
Right.
SAM
My kinda case.
CUT TO:
INT. JO'S OFFICE - DAY
JO sits behind her desk. KAFFEE and SAM stand in the
doorway.. KAFFEE knocks politely.
JO looks up.
KAFFEE
Hi.
(beat)
I'm Daniel Kaffee. I was told to meet
with--
(checks notes)
--Commander Galloway.
JO is staring at him. KAFFEE doesn't know why.
KAFFEE
(continuing)
About a briefing.
JO is finding this hard to believe.
JO
You're the attorney that Division assigned?
KAFFEE
I'm lead counsel. This is Sam Weinberg.
SAM
I have no responsibilities here whatsoever.
JO's deeply puzzled.
JO
(beat)
Come in, please, have a seat..
KAFFEE and SAM come into the office and sit.
JO
(continuing)
Lieutenant, how long have you been in the
Navy?
KAFFEE
Going on nine months now.
JO
And how long have you been out of law
school?
KAFFEE
A little over a year.
JO
(beat)
I see.
KAFFEE
Have I done something wrong?
JO
No. It's just that when I petitioned
Division to have counsel assigned, I was
hoping I'd be taken seriously.
KAFFEE and SAM exchange a look.
KAFFEE
(to JO)
No offense taken, if you were wondering.
SAM
Commander, Lt. Kaffee's generally
considered the best litigator in our
office. He's successfully plea bargained
44 cases in nine months.
KAFFEE
One more, and I got a set of steak knives.
JO
Have you ever been in a courtroom?
KAFFEE
I once had my drivers license suspended.
SAM
Danny--
KAFFEE
Commander, from what I understand, if this
thing goes to court, they won't need a
lawyer, they'll need a priest.
JO
No. They'll need a lawyer.
During this, she'll hand KAFFEE a series of files, which
KAFFEE will pass To SAM without even glancing at them.
JO
(continuing)
Dawson's family has been contacted.
Downey's closest living relative is Ginny
Miller, his aunt on his mother's side, she
hasn't been Contacted yet.
None of this really means anything to KAFFEE.
JO
(continuing)
Would you like me to take care of that?
KAFFEE
Sure, if you feel like it.
JO takes another beat to size this guy up.
JO
One of the people you'll be speaking to
down there is the barracks C.O., Colonel
Nathan Jessep, I assume you've heard of
him.
KAFFEE
(beat)
Who hasn't?
SAM
(to KAFFEE)
He's been in the papers lately. He's
expected to be appointed Director of
Operations for the National Security
Counsel.
Passing KAFFEE another file--
JO
These are letters that Santiago wrote in
his 8 months at GITMO--
SAM
( whispering to
kaffee)
Guantanamo Bay.
KAFFEE
I know that one.
JO
He wrote to his recruiter, the fleet
commander, HQ, Atlantic, even his senator.
He wanted a transfer. Nobody was
listening. You with me?
KAFFEE
Yes.
JO
This last letter to the Naval
investigative Service--
She hands it to KAFFEE who hands it to Sam--
JO
(continuing)
--where he offers information about
Corporal Dawson's fenceline shooting in
exchange for a transfer, was just a last
ditch effort.
KAFFEE
Right. Is that all?
JO
(beat)
Lieutenant, this letter makes it look like
your client had a motive to kill Santiago.
KAFFEE
Gotcha.
(beat)
And Santiago is .... who?
JO
(beat)
The victim.
KAFFEE
(to SAM)
Write that down.
(to JO)
Am I correct in assuming that these
letters don't paint a flattering picture
of marine corps life in Guantanamo Bay?
JO
Yes, among other--
KAFFEE
And am I further right in assuming that a
protracted investigation of this incident
might cause some embarrassment for the
security counsel guy.
JO
Colonel Jessep, yes, but--
KAFFEE
Twelve years.
JO
I'm sorry?
KAFFEE
Twelve years. I can get it knocked down to
Involuntary Manslaughter. Twelve years.
JO
You haven't talked to a witness, you
haven't looked at a piece of paper.
KAFFEE
Pretty impressive, huh?
JO
You're gonna have to go deeper than just--
KAFFEE
Commander, do you have some sort of
jurisdiction here that I should know about?
JO
My job is to make sure you do your job.
I'm special counsel for Internal Affairs,
so my jurisdiction's pretty much in your
face. Read the letters. You're not under
any obligation, but I'd appreciate a
report when you get back from Cuba.
KAFFEE
Sure.
KAFFEE gets up without waiting for JO to say--
JO
You're dismissed.
KAFFEE
Sorry, I always forget that.
KAFFEE's gone. SAM's standing in the doorway.
SAM
He's a little preoccupied.
(beat)
The team's playing Bethesda Medical next
week.
JO
Tell your friend not to get cute down
there. The marines in Guantanimo are
fanatical.
SAM
About what?
And in VOICE OVER we HEAR--
SANTIAGO (V.0.)
Dear Sir,
JO
About being marines.
CUT TO:
EXT. CUBAN FIELD - DAY
A SERIES OF SHOTS - DAY
And while we HEAR the letter read in V.0., what we're seeing
is this: SANTIAGO's life in Guantanimo Bay over the last 8
months. He had a rough time of it.
The shots should include:
--SANTIAGO running along at the rear of a group of MARINES.
It's been over seven miles and he's matted with sweat. A
SERGEANT runs up along side, grabs his back, and pushes him
to keep up with the group. SANTIAGO falls, struggles to get
back up and keep running, and
CUT TO:
EXT. MARINE BARRACKS - DAY
-- SANTIAGO doing push-ups alone in the rain. He's being
supervised by a SERGEANT who sees to it that his face hits
the mud every time down and
CUT TO:
INT. MESS HALL - DAY
--SANTIAGO sitting alone in the mess hall, not a friend
within four seats of him and
CUT TO:
EXT. MARINE BARRACKS - DAY
--SANTIAGO being chewed out by a Lieutenant in front of his
squad and
CUT TO:
EXT. ROCKY HILL - DAY
--SANTIAGO running with the squad of MARINES again, this time
down a rocky hill. It's hot as hell and it looks like he's
gonna pass out.
He stumbles, and the SERGEANT picks him up and pushes him
down the hill. He rolls about 30 feet before he stops. Over
this, we HEAR
SANTIAGO (V.0.)
"...My name is PFC William T. Santiago.
I am a marine stationed at Marine
Barracks, Rifle Security Company Windward,
Second Platoon Delta.
I am writing to inform you of my problems
with my unit here in Cuba and to ask for
your help. I've fallen out on runs before
for several reasons such as feeling dizzy
or nauseated, but on May 18th, I'd fallen
back about 20 or 30 yards going down a
rocky, unstable hill. My sergeant grabbed
me and pushed me down the hill. Then I
saw all black and the last thing I
remember is hitting the deck. I was
brought to the hospital where I was told
I just had heat exhaustion and was
explained to by the doctor that my body
has trouble with the hot sun and I
hyperventilate. I ask you to help me.
Please sir. I just need to be transferred
out of RSC. Sincerely. PFC William T.
Santiago. U.S. Marine Corps."
At this point, with SANTIAGO's letter still in V.0., we
CUT TO:
INT. JESSEP'S OFFICE - DAY
THE LETTER - DAY
It's the last paragraph of the letter we've been hearing, and
at the moment, we can't see the hands that are holding it.
SANTIAGO (V.0.)
"P.S. In exchange for my transfer off the
base, I'm willing to provide you with
information about an illegal fenceline
shooting that occurred the night of August
2nd."
And as these last words are spoken, we PULL BACK TO REVEAL
COLONEL NATHAN R. JESSEP, who drops the letter he's been
reading on his desk, where it joins a stack of other letters
just like it.
JESSEP's a born leader, considered in many circles to be one
of the real fair-haired boys of the Corps. He's smart as a
whip with a sense of humor to match. As soon as he drops the
letter, he says
JESSEP
Who the fuck is PFC William T. Santiago.
He's talking to his two senior officers. CAPTAIN MARKINSON is
in his late 40's. He's a career marine and a nice guy in a
world where nice guys may not finish last, but they sure as
shit don't finish first. Lt. JONATHAN JAMES KENDRICK is 26,
from Georgia, and an Academy graduate.
If you asked him he'd tell you that the gates to heaven are
guarded by the U.S. Marine Corps.
KENDRICK
Sir, Santiago is a member of Second
Platoon, Delta.
JESSEP
Yeah, well, apparently he's not very happy
down here at Shangri-La, cause he's
written letters to everyone but Santa
Claus asking for a transfer. And now he's
telling tales about a fenceline shooting.
He tosses the letter over to MARKINSON. MARKINSON is looking
it over. JESSEP is waiting for a response.
JESSEP
(continuing)
Matthew?
MARKINSON
I'm appalled, sir.
JESSEP
You're appalled? This kid broke the Chain
of Command and he ratted on a man of his
unit, to say nothing of the fact that he's
a U.S. Marine and it would appear that he
can't run from here to there without
collapsing from heat exhaustion. What the
fuck's going on over at Windward, Matthew?
MARKINSON
Colonel, I think perhaps it would be
better to hold this discussion in private.
KENDRICK
That won't be necessary, Colonel, I'll
handle the situation.
MARKINSON
The same way you handled the Curtis Barnes
incident? You're doing something wrong,
Lieutenant this--
KENDRICK
My methods of leadership are--
MARKINSON
Don't interrupt me, I'm still your
superior officer.
JESSEP
And I'm yours, Matthew.
The room calms down for a moment.
JESSEP
(continuing)
I want to know what we're gonna do about
this.
MARKINSON
I think Santiago should be transferred off
the base. Right away.
JESSEP
He's that bad, huh?
MARKINSON
Not only that, but word of this letter's
bound to get out. The kid's gonna get his
ass kicked.
JESSEP
Transfer Santiago. Yes I suppose you're
right. I suppose that's the thing to do.
Wait. Wait. I've got a better idea.
Let's transfer the whole squad off the
base. Let's -- on second thought-Windward.
The whole Windward division, let's
transfer 'em off the base. Jon, go on out
there and get those boys down off the
fence, they're packing their bags.
(calling out)
Tom!
The ORDERLY cones in from the outer office.
ORDERLY
Sir!
JESSEP
Got me the President on the phone, we're
surrendering our position in Cuba.
ORDERLY
Yes sir!
JESSEP
Wait a minute, Tom.
The ORDERLY stops.
JESSEP
(continuing)
Don't call the President just yet. Maybe
we should consider this for a second.
Maybe--and I'm just spit balling here-but
maybe we as officers have a responsibility
to train Santiago.
Maybe we as officers have a responsibility
to this country to see that the men and
women charged with its security are
trained professionals. Yes. I'm certain
I once read that somewhere. And now I'm
thinking that your suggestion of
transferring Santiago, while expeditious,
and certainly painless, might not be in a
manner of speaking, the American way.
Santiago stays where he is. We're gonna
train the lad. You're in charge, Jon.
Santiago doesn't make 4.1 on his next
fitness report, I'm gonna blame you. Then
I'm gonna kill you.
KENDRICK
Yes sir.
MARKINSON
I think that's a mistake, Colonel.
JESSEP
Matthew, I believe I will have that word
in private with you now. Jon, that's all.
Why don't you and I have lunch at the "O"
club, we'll talk about the training of
young William.
KENDRICK
Yes sir, I'd be delighted to hear any
suggestions you have.
JESSEP
Dismissed.
KENDRICK is gone.
JESSEP
(continuing)
Matthew, sit, please.
MARKINSON sits.
JESSEP
(continuing)
What do you think of Kendrick?
MARKINSON
(beat)
I don't know that--
JESSEP
I think he's kind of a weasel, myself.
But he's an awfully good officer, and in
the end we see eye to eye on the best way
to run a marine corps unit. We're in the
business of saving lives, Matthew. That's
a responsibility we have to take pretty
seriously. And I believe that taking a
marine who's not yet up to the job and
packing him off to another assignment,
puts lives in danger.
MARKINSON starts to stand--
JESSEP
(continuing)
Matthew, siddown.
(beat)
We go back a while. We went to the
Academy together, we were commissioned
together, we did our tours in Vietnam
together. But I've been promoted up
through the chain with greater speed and
success than you have. Now if that's a
source of tension or embarrassment for
you, well, I don't give a shit. We're in
the business of saving lives, Captain
Markinson. Don't ever question my orders
in front of another officer.
JESSEP grabs his hat and walks out, leaving MARKINSON sitting
all alone, and we
CUT TO:
EXT. WASHINGTON NAVY YARD - MAIN GATE - DAY
It's maybe a little hazier today than it was yesterday. An
M.P. is waving a procession of three Military Police sedans
and a fourth unmarked car through the gate. The cars drive
through and we
CUT TO:
EXT. THE BRIG - DAY
Another red-brick building. A few M.P.Is stand out front as
the cars pull up. As soon as they come to a stop, all the
doors swing open and various uniformed and non-uniformod
officers hop out and move to the unmarked sedan where they
escort DAWSON and DOWNEY, in handcuffs, out of the car.
HAROLD DAWSON's a handsome, young, black corporal. Intense,
controlled, and utterly professional.
LOUDEN DOWNEY's a 19-year-old kid off an Iowa farm. He's
happiest when someone is telling him exactly what to do.
DAWSON's his hero.
The two prisoners stand still for a moment. They might as
we'll be in Oz.
DOWNEY
Hal?
DAWSON doesn't say anything.
DOWNEY
(continuing)
Is this Washington, D.C.?
M.P.
Alright, let's move.
CUT TO:
EXT. SOFTBALL FIELD - DAY
and KAFFEE's at it again.
KAFFEE
Alright, let's get tough out there!
JO walks up from behind the backstop.
JO
Excuse me.
KAFFEE
You want to suit up? We need all the help
we can get.
JO
No, thank you, I can't throw and catch
things.
KAFFEE
That's okay, neither can they.
JO
I wanted to talk to you about Corporal
Dawson and Private Downey.
KAFFEE
Say again?
JO
Dawson and Downey.
KAFFEE
(beat)
Those names sound like they should mean
something to me, but I'm just not--
JO
Dawson! Downey! Your clients!
KAFFEE
The Cuba thing! Yes! Dawson and Downey.
(beat)
Right.
(pause)
I've done something wrong again, haven't I?
JO
I was wondering why two guys have been in
a jail cell since this morning while their
lawyer is outside hitting a ball.
KAFFEE
We need the practice.
JO
That wasn't funny.
KAFFEE
It was a little funny.
JO
Lieutenant, would you feel very insulted
if I recommended to your supervisor that
he assign different counsel?
KAFFEE
Why?
JO
I don't think you're fit to handle this
defense.
KAFFEE
You don't even know me. Ordinarily it
takes someone hours to discover I'm not
fit to handle a defense.
Jo just stares.
KAFFEE
(continuing)
Oh come on, that was damn funny.
Jo moves close to KAFFEE to say this with a degree of
confidentiality.
JO
I do know you. Daniel AlliStair Kaffee,
born June 8th, 1964 at Boston Mercy
Hospital. Your father's Lionel Kaffee,
former Navy Judge Advocate and Attorney
General, of the United States, died 1985.
You went to Harvard Law on a Navy
scholarship, probably because that's what
your father wanted you to do, and now
you're just treading water for the three
years you've gotta serve in the JAG Corps,
just kinda layin' low til you can get out
and get a real job. And if that's the
situation, that's fine ' I won't tell
anyone. But my feeling is that if this
case is handled in the same fast-food,
slick-ass ' Persian Bazaar manner with
which you seem to handle everything else,
something's gonna get missed. And I
wouldn't be doing my job if I allowed
Dawson and Downey to spend any more time
in prison than absolutely necessary,
because their attorney had pre-determined
the path of least resistance.
KAFFEE can't help but be impressed by that speech.
KAFFEE
Wow.
(beat)
I'm sexually aroused, Commander.
JO
I don't think your clients murdered
anybody.
KAFFEE
What are you basing this on?
JO
There was no intent.
KAFFEE
The doctor's report says that Santiago
died of asphyxiation brought on by acute
lactic acidosis, and that the nature of
the acidosis strongly suggests poisoning.
(beat)
Now, I don't know what any of that means,
but it sounds pretty bad.
JO
Santiago died at one a.m. At three the
doctor was unable to determine the cause
of death, but two hours later he said it
was poison.
KAFFEE
Oh, now I see what you're saying. It had
to be Professor Plum in the library with
the candlestick.
JO
I'm gonna speak to your supervisor.
KAFFEE
Okay. You go straight up Pennsylvania
Avenue. It's a big white house with
pillars in front.
JO
Thank you.
KAFFEE
I don't think you'll have much luck,
though. I was assigned by Division,
remember? Somebody over there thinks I'm
a good lawyer. So while I appreciate your
interest and admire your enthusiasm, I
think I can pretty much handle things
myself.
JO
Do you know what a code red is?
KAFFEE doesn't, but he doesn't say anything.
JO
(continuing)
What a pity.
CUT TO:
INT. THE BRIG - DAY
And an M.P. is leadinq KAFFEE and SAM down to DAWSON and
DOWNEY's cell.
M.P.
Officer on deck, ten-hut.
DAWSON and DOWNEY come to attention. Through the following,
the M.P. will unlock the call door and let the lawyers in.
DAWSON
Sir, Lance Corporal Harold W. Dawson, sir.
Rifle Security Company Windward, Second
Platoon, Delta.
KAFFEE
Someone hasn't been working and playing
well with others, Harold.
DAWSON
Sir, yes sir!
DOWNEY
Sir, PFC Louden Downey.
KAFFEE
I'm Daniel Kaffee, this is Sam Weinerg,
you can sitdown.
DAWSON and DOWNEY aren't too comfortable sitting in the
presence of officers, but they do as they're told. KAFFEE's
pulled out some documents, SAM's sitting on one of the cots
taking notes.
KAFFEE
(continuing; to
DAWSON)
Is this your signature?
DAWSON
Yes sir.
KAFFEE
You don't have to call me sir.
(to DOWNEY)
Is this your signature?
DOWNEY
Sir, yes sir.
KAFFEE
And you certainly don't have to do it
twice in one sentence. Harold, what's a
Code Red?
DAWSON
Sir, a Code Red is a disciplinary
engagement.
KAFFEE
What does that mean, exactly?
DAWSON
Sir, a marine falls out of line, it's up
to the men in his unit to get him back on
track.
KAFFEE
What's a garden variety Code Red?
DAWSON
Sir?
KAFFEE
Harold, you say sir and I turn around and
look for my father. Danny, Daniel, Kaffee.
Garden variety; typical. What's a basic
Code Red?
DAWSON
Sir, a marine has refused to bathe on a
regular basis. The men in his squad would
give him a G.I. shower.
KAFFEE
What's that?
DAWSON
Scrub brushes, brillo pads, steel wool ...
SAM
Beautiful.
KAFFEE
Was the attack on Santiago a Code Red?
DAWSON
Yes sir.
KAFFEE
(to DOWNEY)
Do you ever talk?
DAWSON
Sir, Private Downey will answer any direct
questions you ask him.
KAFFEE
Swell. Private Downey, the rag you
stuffed in Santiago's mouth, was there
poison on it?
DOWNEY
No sir.
KAFFEE
Silver polish, turpentine, anti-freeze..
DOWNEY
No sir. We were gonna shave his head, sir.
KAFFEE
When all of a sudden... ?
DOWNEY
We saw blood drippinq out of his mouth.
Then we pulled the tape off, and there was
blood all down his face, sir. That's when
Corporal Dawson called the ambulance.
KAFFEE tries not to make too big a deal out of this last
piece of news.
KAFFEE
(to DAWSON)
Did anyone see you call the ambulance?
DAWSON
No sir.
KAFFEE
Were you there when the ambulance got
there?
DAWSON
Yes sir, that's when we were taken under
arrest.
KAFFEE kinda strolls to the corner of the cell to think for
a moment.
SAM
(to DAWSON)
On the night of August 2nd, did you fire
a shot across the fenceline into Cuba?
DAWSON
Yes sir.
SAM
Why?
DAWSON
My mirror engaged, sir.
KAFFEE
(to SAM)
His mirror engaged?
SAM
For each American sentry post there's a
Cuban counterpart. They're called mirrors.
The corporal's claiming that his mirror
was about to fire at him.
KAFFEE
Santiago's letter to the NIS said you
fired illegally. He's saying that the guy,
the mirror, he never made a move.
DAWSON says nothing.
KAFFEE
(continuing)
Oh, Harold?
SAM is staring at DAWSON.
KAFFEE
(continuing)
You see what I'm getting at? If Santiago
didn't have anything on you, then why did
you give him a Code Red?
DAWSON
Because he broke the chain of command, sir.
KAFFEE
He what?
DAWSON
He went outside his unit, sir. If he had
a problem, he should've spoken to me, sir.
Then his Sergeant, then Company Commander,
then--
KAFFEE
Yeah, yeah, alright. Harold, did you
assault Santiago with the intent of
killing him?
DAWSON
No sir.
KAFFEE
What was your intent?
DAWSON
To train him, sir.
KAFFEE
Train him to do what?
DAWSON
Train him to think of his unit before
himself. To respect the code.
SAM
What's the code?
DAWSON
Unit Corps God Country.
SAM
I beg your pardon?
DAWSON
Unit Corps God Country, sir.
KAFFEE
The Goverrment of the United States wants
to charge you two with murder. You want
me to go to the prosecutor with unit,
corps, god, country?
DAWSON stares at KAFFEE.
DAWSON
That's our code, sir.
KAFFEE takes a long moment. He picks up his briefcase and he
and SAM move to the door.
KAFFEE
We'll be back. You guys need anything?
Books paper, cigarettes, a ham sandwich?
DAWSON
Sir. No thank you. Sir.
KAFFEE smiles at DAWSON
KAFFEE
Harold, I think there's a concept you
better start warming up to.
DAWSON
Sir?
KAFFEE
I'm the only friend you've got.
And as KAFFEE and SAM walk out the open cell door, DAWSON and
DOWNEY come to attention and snap a salute.
They hold the salute until KAFFEE and SAM are well out of
sight, and we
CUT TO:
INT. KAFFEE'S OFFICE - DAY
He's packing up stuff into his briefcase at the end of the
work day. Lt. JACK ROSS, a marine lawyer maybe two years
older than Kaffee, opens the door and walks in..
ROSS
Dan Kaffee.
KAFFEE
Sailin' Jack Ross.
ROSS
Welcome to the big time.
KAFFEE
You think so?
ROSS
I hope for Dawson and Downey's sake you
practice law better than you play softball.
KAFFEE
Unfortunately for Dawson and Downey, I
don't do anything better than I play
softball. What are we lookin' at?
ROSS
They plead guilty to manslaughter, I'll
drop the conspiracy and the conduct
unbecoming. 20 years, they'll be home in
half that time.
KAFFEE
I want twelve.
ROSS
Can't do it.
KAFFEE
They called the ambulance, Jack.
ROSS
I don't care if they called the Avon Lady,
they killed a marine.
KAFFEE
The rag was tested for poison. The
autopsy, lab report, even the initial E.R.
and C.O.D. reports. They all say the same
thing: Maybe, maybe not.
ROSS
The Chief of Internal Medicine at the
Guantanamo Bay Naval hospital says he's
sure.
KAFFEE
What do you know about Code Reds?
ROSS smiles and shakes his head.
ROSS
Oh man.
He closes the office door.
ROSS
(continuing)
Are we off the record?
KAFFEE
You tell me.
ROSS
(pause)
I'm gonna give you the twelve years, but
before you go getting yourself into
trouble tomorrow, you should know this:
The platoon commander Lt. Jonathan
Kendrick, had a meeting with the men. And
he specifically told them not to touch
Santiago.
KAFFEE holds for a moment. Dawson and Downey neglected to
mention this... He packs up his briefcase and cleats.
KAFFEE
I'll talk to you when I get back.
ROSS
Hey, we got a little four-on-four going
tomorrow night. When does your plane get
in?
CUT TO:
EXT. THE PARKING LOT - DUSK
It's dusk and people on the base are going home from work.
We can see the flag being lowered in the background.
KAFFEE's walking toward his car. JO intercepts him and
starts walking along with him.
JO
Hi there.
KAFFEE
Any luck getting me replaced?
JO
Is there anyone in this command that you
don't either drink or play softball with?
KAFFEE
Commander--
JO
Listen, I came to make peace. We started
off on tho wrong foot. What do you say?
Friends?
KAFFEE
Look, I don't--
JO
By the way, I brought Downey some comic
books he was asking for. The kid, Kaffee,
I swear, he doesn't know where he is, he
doesn't even know why he's been arrested.
KAFFEE
Commander--
JO
You can call me Joanne.
KAFFEE
Joanne--
JO
or Jo.
KAFFEE
Jo?
JO
Yes.
KAFFEE
Jo, if you ever speak to a client of mine
again without my permission, I'll have you
disbarred. Friends?
JO
I had authorization.
KAFFEE
From where?
JO
Downey's closest living relative, Ginny
Miller, his aunt on his mother's side.
KAFFEE
You got authorization from Aunt Ginny?
JO
I gave her a call like you asked. Very
nice woman, we talked for about an hour.
KAFFEE
You got authorization from Aunt Ginny.
JO
Perfectly within my province.
KAFFEE
Does Aunt Ginny have a barn? We can hold
the trial there. I can sew the costumes,
and maybe his Uncle Goober can be the
judge.
Jo steps aside and lets KAFFEE got into his car.
JO
I'm going to Cuba with you tomorrow.
KAFFEE
And the hits just keep on comin'.
HOLD on KAFFEE and Jo. JO smiles.
CUT TO:
EXT. SIDEWALK NEWSSTAND - DUSK
KAFFEE IN HIS CAR
He's driving down a Washington street and pulls over at a
sidewalk newsstand.
He gets out of his car, leaving the lights flashing, and runs
up to the newsstand.
As he plunks his 35 cents down and picks up a newspaper, he
engages in his daily ritual with LUTHER, the newsstand
operator.
KAFFEE
How's it goin', Luther?
LUTHER
Another day, another dollar, captain.
KAFFEE
You gotta play 'em as they lay, Luther.
LUTHER
What comes around, goes around, you know
what I'm sayin'.
KAFFEE
If you can't beat 'em, join 'em.
LUTHER
Hey, if you've got your health, you got
everything.
KAFFEE
Love makes the world go round. I'll see
you tomorrow, Luther.
And we
CUT TO:
INT. SAM'S LIVING ROOM - NIGHT
A baby sleeping in a crib pull rack to reveal SAM is standing
over the crib. KAFFEE's sitting on a beer.
SAM
When Nancy gets back, you're my witness.
The baby spoke. My daughter said a word.
KAFFEE
Your daughter made a sound, Sam, I'm not
sure it was a word.
SAM
Oh come on, it was a word.
KAFFEE
Okay.
SAM
You heard her. The girl sat here,
pointed, and said "Pa". She did. She
said "Pa".
KAFFEE
She was pointing at a doorknob.
SAM
That's right. Pointing, as if to say,
"Pa, look, a doorknob".
SAM joins KAFFEE in the living room.
KAFFEE
Jack Ross came to see me today. He
offered me twelve years.
SAM
That's what you wanted.
KAFFEE
I know, and I'll ... I guess, I mean--
(beat)
I'll take it.
SAM
So?
KAFFEE
It took albout 45 seconds. He barely put
up a fight.
SAM
(beat)
Danny, take the twelve years, it's a gift.
KAFFEE finishes off his beer, and stands.
KAFFEE
You don't believe their story, do you?
You think they ought to go to jail for the
rest of their lives.
SAM
I believe every word they said. And I
think they ought to go to jail for the
rest of their lives.
KAFFEE nods and puts down the empty beer bottle.
KAFFEE
I'll see you tomorrow.
Sam opens the front door for him and they stand out on the
stoop for a moment.
SAM
Remember to wear your whites, it's hot
down there.
KAFFEE
I don't like the whites.
SAM
Nobody likes the whites, but we're going
to Cuba in August. You got Dramamine?
KAFFEE
Dramamine keeps you cool?
SAM
Dramamine keeps you from throwing up, you
get sick when you fly.
KAFFEE
I get sick when I fly because I'm afraid
of crashing into a large mountain, I don't
think Dramamine'll help.
SAM
I've got some oregano, I hear that works
pretty good.
KAFFEE
Yeah, right.
KAFFEE starts toward his car, then turns around.
KAFFEE
(continuing)
You know, Ross said the strangest thing to
me right before I left. He said the
platoon commander Lieutenant Jonathan
Kendrick had a meeting with the men and
specifically told them not to touch
Santiago.
SAM
So?
KAFFEE
I never mentioned Kendrick. I don't even
know who he is.
(beat)
What the hell.
(beat)
I'll see you tomorrow.
We hold for a moment on KAFFEE as he walks to his car, then
CUT TO:
EXT. THE AIRSTRIP AT GUANTANAMO BAY - DAY
The whole place, in stark contrast to the Washington Navy
Yard, is ready to go to war. Fighter jets line the tarmac.
Ground crews re-fuel planes. Hurried activity.
A 36 seat Airforce Jet rolls to a stop on the tarmac and a
stair unit is brought up.
HOWARD, a marine corporal, is waiting by the stairway as the
passengers begin to got off. Mostly MARINES, a few SAILERS,
a couple of CIVILIANS, and KAFFEE, JO and SAM. KAFFEE and
SAM are wearing their summer whites, JO is in khakis.
KAFFEE and SAM stare out at what they see: They're not in
Kansas anymore.
HOWARD shouts over the noise from the planes.
HOWARD
Lieutenants Kaffee and Weinberg?
KAFFEE
(shouting)
Yeah.
JO
Commander Galloway.
HOWARD
I'm Corporal Howard, ma'am, I'm to escort
you to the Windward side of the base.
JO
Thank you.
HOWARD
I've got some camouflage jackets in the
back of the jeep, sirs, I'll have to ask
you both to put them on.
KAFFEE
Camouflage jackets?
HOWARD
Regulations, sir. We'll be riding pretty
close to the fenceline. The Cubans see an
officer wearing white, they think it's
someone they might wanna take a shot at.
KAFFEE turns and glares at SAM.
KAFFEE
Good call, Sam.
CUT TO:
EXT. CUBAN ROAD - THE JEEP - DAY
Tearing along down the road, and now we see a beautiful
expanse of water, maybe 1000 yards across. It's a section of
Guantanamo Bay.
HOWARD
(shouting)
We'll just hop on the ferry and be over
there in no time.
KAFFEE
(shouting)
Whoa! Hold it! We gotta take a boat?!
HOWARD
Yes sir, to get to the other side of the
bay.
KAFFEE
Nobody said anything about a boat.
HOWARD
(shouting)
Is there a problem, sir?
KAFFEE
(shouting)
No. No problem. I'm just not that crazy
about boats, that's all.
JO
(shouting)
Jesus Christ, Kaffee, you're in the Navy
for cryin' out loud!
KAFFEE
(shouting)
Nobody likes her very much.
HOWARD
(shouting)
Yes sir.
The jeep drives on and we
CUT TO:
JESSEP, MARKINSON and KENDRICK are standing as the LAWYERS
are led in.
JESSEP
Nathan Jessep, come on in and siddown.
KAFFEE
Thank you. I'm Daniel Kaffee, I'm the
attorney for Dawson and Downey. This is
Joanne Galloway, she's observing and
evaluating--
JO
(shaking hands)
Colonel.
JESSEP
Pleased to meet you, Commander.
KAFFEE
Sam Weinberg. He has no responsibility
here whatsoever.
JESSEP
I've asked Captain Markinson and Lt.
Kendrick to join us.
MARKINSON
Lt. Kaffee, I had the pleasure of seeing
your father once. I was a teenager and he
spoke at my high school.
KAFFEE smiles and nods.
JESSEP
Lionel Kaffee?
KAFFEE
Yes sir.
JESSEP
Well what do you know. Son, this man's dad
once made a lot of enemies down in your
neck of the woods. Jefferson vs. Madison
County School District. The folks down
there said a little black girl couldn't go
to an all white school, Lionel Kaffee said
we'll just see about that. How the hell
is your dad?
KAFFEE
He passed away seven years ago, colonel.
JESSEP
(pause)
Well ... don't I feel like the fuckin,
asshole.
KAFFEE
Not at all, sir.
JESSEP
Well, what can we do for you, Danny.
KAFFEE
Not much at all, sir, I'm afraid. This is
really a formality more than anything
else. The JAG Corps insists that I
interview all the relevant witnesses.
JO
The JAG Corps can be demanding that way.
JESSEP smiles.
JESSEP
Jonanthan'll take you out and show you
what you wanna see, then we can all hook
up for lunch, how does that sound?
KAFFEE
Fine, sir.
CUT TO:
EXT. THE FENCELINE - DAY
A SQUAD OF MARINES jogs by as a jeep carrying KENDRICK and
the three LAWYERS cruises down the road.
We FOLLOW the jeep.
KAFFEE
I understand you had a meeting with your
men that afternoon.
KENDRICK
Yes.
KAFFEE
What'd you guys talk about?
KENDRICK
I told the men that there was an informer
among us. And that despite any desire
they might have to seek retribution,
Private Santiago was not to be harmed in
any way.
KAFFEE
What time was that meeting?
KENDRICK
Sixteen-hundred.
KAFFEE
turns around and looks at SAM.
SAM
(leaning forward)
Four o'clock.
CUT TO:
INT. THE BARRACKS CORRIDOR - DAY
KENDRICK leads the LAWYERS down the corridor to Santiago's
room.
Two strips of tape which warn DO NOT ENTER - AT ORDER OF THE
MILITARY POLICE are crisscrossed over the closed door. They
open the door and step under the tape and walk into
INT. SANTIAGO'S ROOM - DAY
The room is exactly an it was left that night. The un-made
bed, the chair knocked over... The LAWYERS look around for a
moment. The room is sparse.
Kaffee goes to the closet and opens it: A row of uniforms
hanging neatly. He thumbs through then for a second, but
there's nothing there.
He opens the footlocker: Socks, underwear... all folded to
marine corp precision... A shaving kit, a couple of
photographs, a pad of writing paper and some envelopes...
Kaffee closes the footlocker.
KAFFEE
Sam, somebody should see about getting
this stuff to his parents. We don't need
it anymore.
KENDRICK
Actually, the uniforms belong to the
marine corps.
The LAWYERS take a moment.
KAFFEE
Lt. Kendrick--can I call you Jon?
KENDRICK
No, you may not.
KAFFEE
(beat)
Have I done something to offend you?
KENDRICK
No, I like all you Navy boys. Every time
we've gotta go someplace and fight, you
fellas always give us a ride.
JO
Lt. Kendrick, do you think Santiago was
murdered?
KENDRICK
Commander, I believe in God, and in his
son Jesus Christ, and because I do, I can
say this: Private Santiago is dead and
that's a tragedy. But he's dead because
he had no code. He's dead because he had
no honor. And God was watching.
SAM turns to KAFFEE.
SAM
How do you feel about that theory?
KAFFEE
(beat)
Sounds good. Let's move on.
SAM and KENDRICK walk out the door. JO stops KAFFEE.
JO
You planning on doing any investigating or
are you just gonna take the guided tour?
KAFFEE
(beat)
I'm pacing myself.
CUT TO:
INT. THE OFFICERS CLUB - DAY
JESSEP, MARKINSON, KENDRICK and the LAWYERS are seated at a
table in the corner.
Stewards clear the lunch dishes and pour coffee. Jessep is
finishing a story.
JESSEP
... And they spent the next three hours
running around, looking for Americans to
surrender to.
JESSEP laughs. KENDRICK joins him. SAM and KAFFEE force a
laugh.
MARKINSON forces a smile. JO remains silent.
JESSEP
(continuing; to the
STEWARDS)
That was delicious, men, thank you.
STEWARD
Our pleasure, sir.
KAFFEE
Colonel just need to ask you a couple of
questions about August 6th.
JESSEP
Shoot.
KAFFEE
On the morning of the sixth, you were
contacted by an NIS angent who said that
Santiago had tipped him off to an illegal
fenceline shooting.
JESSEP
Yes.
KAFFEE
Santiago was gonna reveal the person's
name in exchange for a transfer. An I
getting this right?
JESSEP
Yes.
KAFFEE
If you feel there are any details that I'm
missing, you should free to speak up.
JESSEP's not quite sure what to say to this Navy Lawyer
Lieutenant-Smartass guy who just gave him permission to speak
freely on his own base.
JESSEP
Thank you.
KAFFEE
Now it was at this point that you called
Captain Markinson and Lt. Kendrick into
your office?
JESSEP
Yes.
KAFFEE
And what happened then?
JESSEP
We agreed that for his own safety,
Santiago should be transferred off the
base.
Here's something else KAFFEE didn't know. Neither did Jo.
SAM jots something down on a small notepad.
MARKINSON doesn't flinch.
KAFFEE
Santiago was set to be transferred?
JESSEP
On the first available flight to the
states. Six the next morning. Three
hours too late as it turned out.
KAFFEE nods.
KAFFEE
Yeah.
There's silence for a moment.
KAFFEE takes a sip of his coffee. Then drains the cup and
puts it down.
KAFFEE
(continuing)
Alright, that's all I have. Thanks very
much for your time.
KENDRICK
The corporal's got the jeep outside, he'll
take you back to the airstrip.
KAFFEE
(standing)
Thank you.
JO
Wait a minute, I've got some questions.
KAFFEE
No you don't.
JO
Yes I do.
KAFFEE
No you don't.
JO
Colonel, on the morning that Santiago
died, did you meet with Doctor Stone
between three and five?
KAFFEE
Jo--
JESSEP
Of course I met with the doctor. One of
my men was dead.
KAFFEE
(to JO)
See? The man was dead. Let's go.
JO
(to JESSEP)
I was wondering if you've ever heard the
term Code Red.
KAFFEE
Jo--
JESSEP
I've heard the term, yes.
JO
Colonel, this past February, you received
a cautionary memo from the Naval
Investigative Service, warning that the
practice of enlisted men disciplining
their own wasn't to be condoned by
officers.
JESSEP
I submit to you that whoever wrote that
memo has never served on the working end
of a Soviet-made Cuban Ml-Al6 Assault
Rifle. However, the directive having come
from the NIS, I gave it its due attention.
What's your point, Jo?
KAFFEE
She has no point. She often has no point.
It's part of her charm. We're outta here.
Thank you.
JO
My point is that I think code reds still
go on down here. Do Code Reds still
happen on this base, colonel?
KAFFEE
Jo, the colonel doesn't need to answer
that.
JO
Yes he does.
KAFFEE
No, he really doesn't.
JO
Yeah, he really does. Colonel?
JESSEP
You know it just hit me. She outranks
you, Danny.
KAFFEE
Yes sir.
JESSEP
I want to tell you something Danny and
listen up 'cause I mean this: You're the
luckiest man in the world. There is,
believe me gentlemen, nothing sexier on
earth than a woman you have to salute in
the morning. Promote 'em all I say.
JO's not upset. JO's not mad. But she's gonna ask her
question 'til she gets an answer.
JO
Colonel, the practice of code Reds is
still condoned by officers on this base,
isn't it?
JESSEP
You see my problem is, of course, that I'm
a Colonel. I'll Just have to keep taking
cold showers 'til they elect some gal
President.
JO
I need an answer to my question, sir.
JESSEP
Take caution in your tone, Commander. I'm
a fair guy, but this fuckin' heat's making
me absolutely crazy. You want to know
about code reds? On the record I tell you
that I discourage the practice in
accordance with the NIS directive. Off
the record I tell you that it's an
invaluable part of close infantry
training, and if it happens to go on
without my knowledge, so be it. I run my
base how I run my base. You want to
investigate me, roll the dice and take
your chances. I eat breakfast 80 yards
away from 4000 Cubans who are trained to
kill me. So don't for one second think
you're gonna come down here, flash a
badge, and make me nervous.
A moment of tense silence before--
KAFFEE
Let's go. Colonel, I'll just need a copy
of Santiago's transfer order.
JESSEP
What's that?
KAFFEE
Santiago's transfer order. You guys have
paper work on that kind of thing, I just
need it for the file.
JESSEP
For the file.
KAFFEE
Yeah.
JESSEP
(pause)
Of course you can have a copy of the
transfer order. For the file. I'm here
to help anyway I can.
KAFFEE
Thank you.
JESSEP
You believe that, don't you? Danny? That
I'm here to help anyway I can?
KAFFEE
Of course.
JESSEP
The corporal'll run you by Ordinance on
your way out to the airstrip. You can
have all the transfer orders you want.
KAFFEE
(to JO and SAM)
Let's go.
The LAWYERS start to leave.
JESSEP
But you have to ask me nicely.
KAFFEE stops. Turns around. Sam and JO stop and turn.
KAFFEE
I beg your pardon?
JESSEP
You have to ask me nicely. You see,
Danny, I can deal with the bullets and the
bombs and the blood. I can deal with the
heat and the stress and the fear. I don't
want money and I don't want medals. What
I want is for you to stand there in that
faggoty white uniform, and with your
Harvard mouth, extend me some fuckin'
courtesy. You gotta ask me nicely.
KAFFEE and JESSEP are frozen. Everyone'staring at Kaffee;
The OFFICERS at their tables... KENDRICK...SAM... MARKINSON
... JO... KAFFEE makes his decision.
KAFFEE
Colonel Jessep ... if it's not too much
trouble, I'd like a copy of the transfer
order. Sir.
JESSEP smiles.
JESSEP
No problem.
HOLD for a moment. JO's very disappointed.
JESSEP stands there and watches the LAWYERS as they turn and
leave the Officer's Club.
JESSEP
(continuing)
I hate casualties, Matthew. There are
casualties even in victory. A marine
smothers a grenade and saves his platoon,
that marine's a hero. The foundation of
the unit, the fabric of this base, the
spirit of the Corps, they are things worth
fighting for.
MARKINSON looks at the ground.
JESSEP
(continuing)
Dawson and Downey, they don't know it, but
they're smothering a grenade.
MARKINSON looks up as we
CUT TO:
EXT. ANDREWS AIRFORCE BASE - DUSK
As a plane touches down on the runway. It's dusk in
Washington and
CUT TO:
EXT. KAFFEE'S APARTMENT - DAY
A little one-bedroom. Just the essential furniture, barely
even that.
KAFFEE's sitting and watching a baseball came on t.v. He's
holding a copy of The Baseball Encyclopedia, normally his
favorite reading material, but right now he's having trouble
keeping his mind in it. He's holding a baseball bat and
fiddling with it.
The remnants of a pizza and Yoo-Hoo dinner sit next to him.
His white uniform in a pile in the corner. There's a BUZZ at
the door. KAFFEE's not expecting anyone. He goes to the
door.
KAFFEE
Who is it?
JO (O.S.)
It's me.
KAFFEE opens the door and JO walks in.
KAFFEE
I've really missed you, Jo. I was just
saying to myself, "It's been almost three
hours since I last saw--"
JO
Markinson resigned his commission.
KAFFEE
(pause)
When?
JO
This afternoon. Sometime after we left.
KAFFEE
I'll talk to him in the morning.
JO
I already tried, I can't find him.
KAFFEE
You tried? Joanne, you're coming dan
orously close to the textbook definition
of interfering with a government
investigation.
JO hands KAFFEE the file she's been holding.
JO
I'm Louden Downey's attorney.
KAFFEE's stunned. He opens the file and begins to read.
JO
(continuing)
Aunt Ginny. She said she feels like she's
known me for years. I suggested that she
might feel more comfortable if I were
directly involved with the case. She had
Louden sign the papers about an hour ago.
KAFFEE looks up. Still too stunned to say anything. Then
finally ...
KAFFEE
I suppose it's way too much to hope that
you're just making this up to bother me.
JO
Don't worry, I'm not gonna make a motion
for separation, you're still lead counsel.
KAFFEE hands her back the file.
KAFFEE
Splendid.
JO
I think Kendrick ordered the Code Red.
(beat)
So do you.
CUT TO:
INT. A HOLDING ROOM IN THE BRIG - NIGHT
DAWSON and DOWNEY come to attention as KAFFEE and JO are led
in.
DAWSON
Officer on deck, ten hut.
KAFFEE starts in immediately.
KAFFEE
Did Kendrick order the code red?
DAWSON
Sir?
KAFFEE
Don't say sir like I just asked you if you
cleaned the latrine. You heard what I
said. Did Lt. Kendrick order you guys to
give Santiago a code red?
DAWSON
Yes sir.
KAFFEE
(to Downey)
Did he?
DOWNEY
Yes sir.
KAFFEE
You mind telling me why the hell you never
mentioned this before?
DAWSON
You didn't ask us, sir.
KAFFEE
Cutie-pie shit's not gonna win you a place
in my heart, corporal, I get paid no
matter how much time you spend in jail.
DAWSON
Yes sir. I know you do, sir.
KAFFEE
Fuck you, Harold.
There's some understandable tension in the room, broken by--
JO
Alright. Let's sort this out. There was
a platoon meeting on August 6th at four in
the afternoon. And Lt. Kendrick, he gave
strict instructions that nothing was to
happen to Santiago. Now is that true? I
want you to speak freely.
DAWSON
Ma'am, that's correct. But then he
dismissed the platoon and we all went to
our rooms.
JO
And what happened then?
DAWSON
Lt. Kendrick came to our room, ma'am.
KAFFEE
When? DAWSON
About five minutes after the meeting broke, sir. About 16:20.
KAFFEE
(continuing)
And what happened then?
DAWSON
Lt. Kendrick ordered us to give Santiago
a Code Red.
CUT TO:
INT. THE GYMNASIUM - NIGHT
ROSS is playing a game of full-court basketball with some
other OFFICERS.
A door at the far end of the court opens and KAFFEE and JO
walk in. They head down the sideline toward Ross.
KAFFEE shouts--
KAFFEE
Jack!
But ROSS is into the game...
KAFFEE
(continuing)
Jack!!
ROSS
(waving him off)
Hang on...
KAFFEE
They were given an order.
ROSS stops cold and looks over at Kaffee. The game flies by
him. He motions to the locker room door in the corner of the
gym and the three of them make their way to privacy.
JO
How long have you known about the order?
ROSS
I didn't--
(to KAFFEE)
Who is this?
KAFFEE
This is Jo Galloway she's Downey's
lawyer. She's very pleased to meet you.
ROSS
What exactly are you accusing me of,
commander?
JO
I'm accusing you of--
They're in the
LOCKER ROOM - NIGHT
and KAFFEE slams the door shut behind them.
KAFFEE
Jack didn't know about the order. Because
if he did and he hadn't told us, Jack
knows he'd be violating about 14 articles
of the code of ethics. As it is, he's got
enough to worry about. God forbid our
clients decide to plead not guilty and
testify for the record that they were
given an order.
ROSS
Kendrick specifically told the men not to
touch Santiago.
KAFFEE
That's right. And then he went into
Dawson and Downey's room and specifically
told them to give him a code red.
ROSS
That's not what Kendrick said.
KAFFEE
Kendrick's lying.
ROSS
You have proof?
KAFFEE
I have the defendants.
ROSS
And I have 23 marines who aren't accused
of murder and a lieutenant with four
letters of commendation.
KAFFEE
Why did Markinson resign his commission?
ROSS
We'll never know.
KAFFEE
You don't think I can subpoena Markinson.
ROSS
You can try, but you won't find him. You
know what Markinson did for the first 17
of his 21 years in the corps? Counter
Intelligence. Markinson's gone. There is
no Markinson.
Some of the wind has been taken Out of Kaffee's sails.
ROSS
(continuing)
Jessep's star is on the rise. Division'll
give me a lot of room to spare Jessep and
the corps any embarrassment.
KAFFEE
How much room?
ROSS
I'll knock it all down to assault. Two
years. They're home in six months.
JO
No deal, we're going to a jury.
KAFFEE
Jo--
ROSS
No you're not.
JO
Why not?
ROSS
'Cause you'll lose, and Danny knows it.
And he knows that if we go to court, I'll
have to go all the way, they'll be charged
with the whole truckload. Murder,
Conspiracy, Conduct Unbecoming, and even
though he's got me by the balls out here,
Dan knows that in a courtroom, he loses
this case. Danny's an awfully talented
lawyer, and he's not about to send his
clients go to jail for life when he knows
they could be home in six months.
This is now clear: Ross is as good as Kaffee.
ROSS
(continuing)
That's the end of this negotiation. From
this moment, we're on the record. I'll
see tomorrow morning at the arraignment.
ROSS turns and heads back to the gym as we
CUT TO:
INT. - A HOLDING ROOM - NIGHT
Kaffee and JO are sitting at a table. Dawson and Downey are
at parade rest. Kaffee lights a cigarette.
KAFFEE
Here's the story: The Goverment's
offering Assault and Conduct Unbecoming.
Two years. You'll be home in six months.
DAWSON and DOWNEY say nothing.
KAFFEE
(continuing)
"Wow, Kaffee, you're the greatest lawyer
in the world. How can we ever thank you?"
Fellas, you hear what I just said, you're
going home in six months.
DAWSON
I'm afraid we can't do that, sir.
KAFFEE
Do what?
DAWSON
Make a deal, sir.
KAFFEE
What are you talking about?
DAWSON
We did nothing wrong, sir. We did our job.
If that has consequences, then I accept
them. But'I won't say I'm guilty, sir.
KAFFEE can't believe this. He looks over at JO.
KAFFEE
Did you--
(to DAWSON and DOWNEY)
Did she put you up to this?
JO
No.
DAWSON
We have a code, sir.
KAFFEE
Well zippity-doo-dah. You and your code
plead not guilty and you'll be in jail for
the rest of your life. Do what I'm
telling you and you'll be home in six
months.
DAWSON just stares at him.
KAFFEE
(continuing)
Do it, Harold. Six months. It's nothing.
It's a hockey season.
DAWSON
Permission to-
KAFFEE
Speak!
DAWSON
What do we do then, sir?
KAFFEE
When?
DAWSON
After six months. We'd be dishonorably
discharged, right sir?
KAFFEE
Yes.
DAWSON
What do we do then, sir? We joined the
corps 'cause we wanted to live our lives
by a certain code. And we found it in the
corps. And now you're asking us to sign
a piece of paper that says we have no
honor. You're asking us to say we're not
marines. If a judge and jury decide that
what we did was wrong, I'll accept
whatever punishment they give. But I
believe I was riqht, sir . I believe I did
my Job. And I won't dishonor myself, my
unit, or the Corps, so that I can qo home
in six months.
(beat)
Sir.
HOLD ON the four of them for a moment, then
KAFFEE
Commander, I want to talk to corporal
Dawson alone for a minute.
Jo waits Just a moment before she calls out--
JO
(to Downey)
Let's go in another room. Louden,
everything's gonna be alright.
The M.P. has shown up and unlocked the cell door.
JO
(continuing; to M.P.)
We're gonna go into a holding room.
M.P.
Aye, aye, ma'am.
JO, DOWNEY, and the M.P. are gone. KAFFEE paces a moment
before he says--
KAFFEE
You don't like me that much, do you?
(beat)
Forget it, don't answer that, it doesn't
matter.
KAFFEE paces another moment, then sits on the cot. He's
trying to choose his tack carefully.
KAFFEE
(continuing)
You know, Downey worships you. He's gonna
do whatever you do. Are you really gonna
let this happen to him because of a code?
Harold?
DAWSON
Do you think we were right?
KAFFEE
It doesn't matter what I--
DAWSON
Do you think we were right?
KAFFEE gets up.
KAFFEE
(beat)
I think you'd lose.
DAWSON
(beat)
You're such a coward, I can't believe they
let you wear a uniform.
KAFFEE stares at DAWSON.
KAFFEE
I'm not gonna feel responsible for this,
Harold. I did everything I could. You're
going to Levenworth for the better part of
your life, and you know what? I don't
give a shit.
KAFFEE calls out--
KAFFEE
(continuing)
M.P.!
KAFFEE and DAWSON are staring each other down. The M.P.
shows up and unlocks the cell door. KAFFEE steps out to
leave.
KAFFEE
(continuing)
What happened to saluting an officer when
he leaves the room?
DAWSON holds on KAFFEE. Then DAWSON, a man who would rather
die than breach military protocol, takes his hands and puts
them in his pockets.
The cell door closes and we
CUT TO:
INT. THE OFFICE CORRIDOR - NIGHT
One light is on at the end of the hall.
CUT TO:
SAM has joined KAFFEE and JO. The mood is somber.
KAFFEE
Dawson's gonna go to jail just to spite
me. Fine. If he wants to jump off a cliff,
that's his business. I'm not gonna hold
his hand on the way down.
(to SAM)
I want to get him a new lawyer. How do I
do it?
SAM
You just make a motion tomorrow morning at
the arraignment. The judge'll ask you if
you want to enter a plea. You tell him you
want new counsel assigned.
KAFFEE
(beat)
Then that's that.
JO
(beat)
Yeah. One thing, though. When you ask
the judge for new counsel, Danny, be sure
and ask nicely.
KAFFEE
What do you want from me?
JO
I want you to let 'em be judged! I want
you to stand up and make an argument!
SAM
An argument that didn't work for Calley at
My Lai, an argument that didn't work for
the Nazis at Nuremberg.
KAFFEE
For Christ sake, Sam, do you really think
that's the same as two teenage marines
executing a routine order that they never
believed would result in harm? These guys
aren't the Nazis.
There's a pause in the room.
JO
Don't look now, Danny, but you're making
an argument.
KAFFEE
(pause)
Yeah.
(beat)
Tomorrow morning I'll get them a new
attorney.
JO
Why are you so afraid to be a lawyer? Were
daddy's expectations really that high?
KAFFEE
Please, spare me the psycho-babble father
bullshit. Dawson and Downey'll have their
day in court, but they'll have it with
another lawyer.
JO
Another lawyer won't be good enough. They
need you. You know how to win.
(beat)
You know they have a case. And you know
how to win. You walk away from this now,
and you have sealed their fate.
KAFFEE
Their fate was sealed the moment Santiago
died.
JO
Do you believe they have a defense?
KAFFEE
You and Dawson both live in the same
dreamland. It doesn't matter what I
believe, it only matters what I can prove.
So please don't tell me what I know and
don't know. I know the law.
JO looks at him, shakes her head, and turns to walk away.
She turns back.
JO
You know nothing about the law. You're a
used car salesman, Daniel. You're an
ambulance chaser with a rank. You're
nothing.
(beat)
Live with that.
Jo walks off leaving KAFFEE alone. We HOLD on KAFFEE. He's
not having a good night.
CUT TO:
INT. A GEORGETOWN BAR - NIGHT
KAFFEE sits at the bar. The place is crowded with YUPPIES
and STUDENTS. KAFFEE's been drinking there a while now. Next
to him is a YUPPIE LAWYER, regaling his FRIENDS with the
story of his latest brilliant maneuver in the world of high
stakes corporate law.
We HOLD on a KAFFEE a moment longer, then
YUPPIE LAWYER
... So I told duncan if we leverage the
acquisition of Biotech, the
interrogatories would be there on demand.
All I have to do is not pick up the phone
and it'll run Flaherty ten thousand a day
in court costs.
CUT TO:
EXT. A GEORGETOWN STREET - NIGHT
KAFFEE sits on a bench in the night. He takes a sip from a
bottle he's holding in a brown paper bag.
CUT TO:
EXT. THE PARADE GROUNDS - DAY
A bright, sunny morning. The BAND is performing for a group
of day campers.
CUT TO:
INT. THE COURTROOM - DAY
DAWSON and DOWNEY are at the defense table, ROSS is his
place. KAFFEE walks in and joins JO and SAM at their table.
Papers are being passed back and forth between ROSS and the
SERGEANT AT AMS. Quiet activity.
The door in the back of the courtroom opens and RANDOLPH, a
marine colonel, enters and takes his place at the bench. We
can HEAR the band in the background.
SERGEANT AT ARMS
All rise.
Everyone present in the courtroom stands.
RANDOLPH
Where are we?
SERGEANT AT ARMS
Docket number 411275. VR-5. United
States versus Lance Corporal Harold W.
Dawson and Private First Class Loudon
Downey. Defendants are charged with
Conspiracy to Commit Murder, Murder in the
First Degree, and Conduct Unbecoming a
United States Marine.
RANDOLPH
Does defense wish to en