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 enter a plea?
 
              KAFFEE stands.
 
                                  KAFFEE
                      Yeah.
                               (pause)
                      They're not guilty.
 
              JO, SAM, ROSS, RANDOLPH... it's hard to say who's the most
              surprised.  It takes everything Jo's got to suppress a smile.
              The silence is broken by ROSS, who takes the two files, drops
              them into his briefcase, closes the lid, and snaps it shut.
 
              RANDOLPH looks at KAFFEE and ROSS, then turns to the SERGEANT
              AT ARMS.
 
                                  RANDOLPH
                      Enter a plea of not guilty for the
                      defendants.  We'll adjourn until ten-
                      hundred, three weeks from today, at which
                      time this Court will reconvene as a
                      General Court-Martial.
 
              He raps the gavel.
 
              RANDOLPH walks out.  ROSS walks up the aisle without a word
              to anyone.  The M.P.'s come to escort DAWSON and DOWNEY back
              to their cell.
 
              KAFFEE and JO and SAM are the only ones remaining.  SAM is
              looking at KAFFEE with question marks in his eyes.
 
                                  KAFFEE
                      Why does a junior grade with six months
                      experience and a track record for plea
                      bargaining get assigned a murder case?
                               (beat)
                      Would it be so that it never sees the
                      inside of a courtroom?
 
              KAFFEE picks up his briefcase and begins heading toward the
              door.
 
 
 
 
 
 
 
 
                                  KAFFEE
                               (continuing)
                      We'll work out of my apartment.  Every
                      night, seven o'clock.  Jo, before you come
                      over tonight, pick up a carton of legal
                      pads, a half-dozen boxes of red pens, a
                      half-dozen boxes of black pens.  Sam get
                      a couple of desk lamps. I need you to
                      start on a preliminary medical profile and
                      Jo, we need all the fitness reports on
                      Dawson, Downey and Santiago.  The only
                      thing I have to eat is Yoo-Hoo and
                      SugarSnacks, so if you want anything else,
                      bring it with you. Okay?
 
              Jo's still stunned.
 
                                  JO
                      Yeah.
 
              KAFFEE's at the door, stops, turns around, and takes it all
              in for a moment.
 
                                  KAFFEE
                      So this is what a courtroom looks like.
 
              He walks out the door, and we
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APARTMENT - NIGHT
 
              Among the stuff, is a blackboard that's been hung on the
              wall.  Written across the top are three headings:
 
              INTENT             CODE RED             THE ORDER
 
              Sam is on the floor, sorting papers into piles.  KAFFEE comes
              in from the kitchen with a fresh bottle of Yoo-Hoo and joins
              Sam on the floor.
 
                                  KAFFEE
                      Were you able to speak to your friend at
                      NIS?
 
                                  SAM
                      She said if Markinson doesn't want to be
                      found, we're not gonna find him.  She said
                      I could be Markinson and you wouldn't know
                      it.
 
                                  KAFFEE
                      Are you Markinson?
 
                                  SAM
                      No.
 
 
 
 
 
                                  KAFFEE
                      Well, I'm not Markinson, that's two down.
 
              SAM doesn't laugh.
 
                                  KAFFEE
                               (continuing)
                      What.
 
                                  SAM
                               (pause)
                      I was wondering, now that Joanne's working
                      on this ... I was wondering if you still
                      need me.
 
                                  KAFFEE
                               (pause)
                      They were following an order, Sam.
 
                                  SAM
                      An illegal order.
 
                                  KAFFEE
                      You think Dawson and Downey know it was an
                      illegal order?
 
                                  SAM
                      It doesn't matter if they know, any decent
                      human being would've refused to--
 
                                  KAFFEE
                      They're not permitted to question orders.
 
                                  SAM
                      Then what's the secret?  What are the
                      magic words?  I give orders every day, and
                      nobody follows them.
 
                                  KAFFEE
                      We have softball games and marching bands.
                      They work at a place where you have to
                      wear camouflage or you might get shot.
 
              Sam looks away.  He doesn't buy it.
 
                                  KAFFEE
                               (continuing; pause)
                      I need you.  You're better at research
                      than I am and you know how to prepare a
                      witness.
 
              Jo lets herself in.  She's carrying a huge stack of papers
              under one arm, and a large brown paper bag under the other.
              But we stay with KAFFEE and Sam a moment longer.
 
 
 
 
 
 
 
                                  JO
                      I've got medical reports and Chinese food.
                      I say we eat first.
 
              KAFFEE's still looking at SAM.  SAM nods his head.
 
                                  SAM
                      Did you get any dumplings?
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APT. - LATER - NIGHT
 
              The remnants of the Chinese food is spread around.  SAM and
              JO are sitting and taking notes from KAFFEE.  As he speaks,
              he'll pace slowly around, carrying his baseball bat.  He
              refers to the blackboard.
 
                                  KAFFEE
                      This is our defense.  Intent: No one can
                      provee there was poison on the raq.  Code
                      Red: They're common and accepted in
                      Guantanamo Bay.  The Order:
                               (he writes)
                      A) Kendrick gave it.  B) They had no
                      choice but to follow it.
                               (beat)
                      That's it.
 
                                  SAM
                      What about motive?
 
                                  KAFFEE
                      We're a little weak on motive.  They had
                      one.
 
                                  JO
                      Just because a person has a motive doesn't
                      mean--
 
                                  KAFFEE
                      Relax.  We'll deal with the fenceline
                      shooting when it comes up.  For now we
                      start here--
                               (pointing to INTENT)
                      I don't know what made Santiago die, I
                      don't want to know. I just want to be able
                      to show it could've been something other
                      than poison.  Jo, talk to doctors. Find
                      out everything there is to know about
                      lactic acidosis.  Let's start prepping for
                      Stone.
 
                                  JO
                      As long as we're on the subject of the
                      doctor--
 
 
 
 
 
                                  KAFFEE
                      Here we go.
 
                                  JO
                      Listen to me, three o'clock he doesn't
                      know what killed Santiago, then he meets
                      with Jessep, and at five o'clock he says
                      it was poison?  The doctor's covering up
                      the truth.
 
                                  KAFFEE
                      Oh, that's a relief.  I was afraid I
                      wouldn't be able to use the "Liar, Liar,
                      Pants on Fire" defense.  We can't prove
                      coercion!!  Alright, fitness reports and
                      biographical information.
 
                                  SAM
                      Cartons 3 and 4.
 
              KAFFEE looks at the cartons and the mind-numbing amount of
              paper.
 
                                  KAFFEE
                      No Cliff-Notes on these things?
 
                                                       DISSOLVE TO:
 
              INT.  KAFFEE'S APARTMENT -
 
              A SERIES OF SCENES
 
              The scenes cover the three weeks Of preparation leading up to
              the trial, and are interspersed with shots of Kaffee's
              apartment getting messier, KAFFEE, JO and SAM flipping
              through documents and reference books, writing on the
              blackboard, dozzing off ...
 
              ... we start with
 
              INT. KAFFEE'S APARTMENT - NIGHT
 
              Jo's on the phone, KAFFEE and SAM are going over testimony,
              with SAM sitting in a mock witness chair.  During this,
              KAFFEE will go to the door, pay the PIZZA Man for the pizza,
              and return without missing a single beat.
 
                                  JO
                               (into phone)
                      Captain Hill, this is Lt.  Commander
                      Galloway, I'm an internal affairs officer
                      with the JAG Corps in Washington, D.C. I'm
                      trying to track down a Captain Matthew
                      Andrew Markinson, USMC...
 
 
 
 
 
 
 
                                  KAFFEE
                      Doctor, other than the rope marks, was
                      there any other sign of external damage?
 
                                  SAM
                      No.
 
                                  KAFFEE
                      No scrapes?
 
                                  SAM
                      No.
 
                                  KAFFEE
                      No cuts?
 
                                  JO
                               (into phone)
                      He resigned his commission a week ago
                      Thursday.
 
                                  KAFFEE
                      Bruises?  Broken bones?
 
                                  SAM
                      No.
 
                                  JO
                               (into phone)
                      No, please don't put me on hold--
 
                                  KAFFEE
                      Doctor, was there any sign of violence?
 
                                  SAM
                               (beat)
                      You mean other than the dead body?
 
                                  KAFFEE
                      Fuck!! I walk into that every goddam time!
 
                                  SAM
                      Don't ask the last question.
 
                                                       CUT TO:
 
              INT. A LAW LIBRARY - NIGHT
 
              MOS-- JO pulls two thick volumes off a shelf and takes them
              to the table where SAM and KAFFEE are working. She plops the
              books down where they join a pile of about two-dozen just
              like them and we
 
                                                       CUT TO:
 
 
 
 
 
 
 
              INT. A COFFEE SHOP - DAY
 
              The LAWYERS have their books and papers spread out in front
              of them.
 
                                  KAFFEE
                      Lt. Kendrick, the type of disciplinary
                      action, or "training'' as you say--
 
                                  JO
                      Object.
 
                                  KAFFEE
                      Please the Court, I maintain that nothing
                      could be more relevant than what the
                      defendants learned by the example of,
                      among others, the witness.
 
                                  JO
                      Nice.
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APARTMENT - NIGHT
 
              MOS--KAFFEE's paying the pizza boy again. He goes into the
              living room where SAM is on the "stand". It's getting hard to
              see the floor from all the papers, cartons, books, pizza
              boxes, etc., and
 
                                                       CUT TO:
 
              INT. THE BRIG - DAY
 
              A HOLDING ROOM where DAWSON and DOWNEY are being put through
              their paces.
 
                                  JO
                      And what happened after Kendrick came into
                      your room?
 
                                  DOWNEY
                               (beat)
                      He ordered me and Corporal Dawson to give
                      Willy a Code Red.
 
                                  SAM
                               (to Jo)
                      His answers still have to come faster, Jo.
                      The Iowa farmboy thing'll play for a
                      while, but in the end it looks like he's
                      searching for the truth.
 
 
 
 
 
 
 
 
 
                                  KAFFEE
                               (to Dawson & Downey)
                      He's right, and from now on, "Willy" is
                      Private Santiago. You start calling him
                      Willy and all of a sudden he's a person
                      who's got a mother who's gonna miss him.
 
                                                       CUT TO:
 
              INT. THE APARTMENT - NIGHT
 
              MOS--The clock reads 3:37, and KAFFEE, in sweatpants and a
              bathrobe, is pacing around slowly with his baseball bat and
 
                                                       CUT TO:
 
              SAM and JO art listening to a lecture for the 14th time.
 
                                  KAFFEE
                      Poker faces.  Don't flinch in front of the
                      jury.  Something doesn't go our way, don't
                      hang your head, don't shift in your seat,
                      don't scribble furiously. Whatever
                      happens, you have to look like it's
                      exactly what you knew was gonna happen.
                      When you pass me documents--
 
                                  JO/SAM
                      Do it swiftly, but don't look overanxious.
 
                                  KAFFEE
                               (beat)
                      And don't wear that perfume in Court, it
                      wrecks my concentration.
 
                                  JO
                      Really!
 
                                  KAFFEE
                      I was talking to Sam.
 
                                  SAM
                      What time is it?
 
                                  KAFFEE
                      Time to go home.  Try to get some sleep
                      tonight.
 
                                  JO
                               (to SAM)
                      I'll give you a ride.
 
              SAM begins to gather up his things.  He stands in front of
              KAFFEE.
 
 
 
 
 
 
 
                                  KAFFEE
                               (to SAM)
                      You're a good man, Charlie Brown.
 
                                  SAM
                      See you in court.
 
              Sam steps out the door. JO looks at the ground, then up at
              KAFFEE.
 
                                  JO
                      Danny--
 
                                  KAFFEE
                      I know what you're gonna say.  You don't
                      have to.  We've had our differences.  I've
                      said some things I didn't mean, you've
                      said some things you didn't means but
                      you're happy that I stuck with the case.
                      And if you've gained a certain respect for
                      me over the Last three weeks that you
                      didn't have before, well, of course I'm
                      happy about that, but we don't have to
                      make a whole big deal out of it.  You like
                      me.  I won't make you say it.
 
                                  JO
                      I was just gonna tell you to wear matching
                      socks tomorrow.
 
                                  KAFFEE
                               (beat)
                      Oh.
                               (beat)
                      Okay. Good tip.
 
                                  JO
                      We're ready.
 
                                  KAFFEE
                      Bet your ass.
 
              Jo walks out the door and KAFFEE closes it and locks it
              behind her.
 
              Then he says, very softly...
 
                                  KAFFEE
                               (continuing)
                      We're gonna get creamed.
 
                                                       CUT TO:
 
 
 
 
 
 
 
 
 
              INT. THE COURTHOUSE CORRIDOR - DAY
 
              A few M.P.Is are standing by the entrance. KAFFEE comes
              around the corner and heads toward the courtroom. we're
              immediately stricken by something:
 
              In his dress blue uniform he could easily be mistaken for a
              real live naval officer. He opens the courtroom doors and
              walks into
 
              INT. THE COURTROOM - DAY
 
              A few more M.P.'s are standing around. THE JURORS, nine
              enlisted navy and marine men and women, are in their place,
              Ross is at his table looking through some papers, and DAWSON
              and DOWNEY, in handcuffs, are seated at the defense table.
              The trial in a few moments from being underway and a few
              people are milling about. KAFFEE walks down the aisle but is
              stopped by a voice behind him.
 
                                  MAN (O.S.)
                      Lieutenant Kaffee?
 
              KAFFEE turns around to see a MAN and WOMAN who are clearly
              Dawson's parents.
 
                                  MAN
                      You're gonna save our son, aren't you?
 
                                  KAFFEE
                               (pause)
                      I'll do my best.
 
              KAFFEE continues on and stops next to JO, who's talking with
              a WOMAN in her mid-30's.
 
                                  JO
                      Danny, I want you to meet Ginny Miller,
                      Louden's aunt.
 
                                  KAFFEE
                      You're Aunt Ginny?
 
                                  GINNY
                      Uh-huh.
 
                                  KAFFEE
                      I'm sorry, I was expecting someone  older.
 
                                  GINNY
                      So was I.
 
              Not quite the words of inspiration KAFFEE was hoping to hear
              before he does the hardest thing he's ever had to do.
 
              He walks over to ROSS.
 
 
 
 
 
                                  KAFFEE
                      Last chance.  I'll flip you for it.
 
              RANDOLPH enters.
 
                                  SERGEANT AT ARMS
                      All rise.
 
                                  ROSS
                      Too late.
 
              KAFFEE walks back to his table as
 
                                  SERGEANT AT ARMS
                      All those having business with this
                      general court-martial, stand forward and
                      you shall be heard.  Captain Julius
                      Alexander Randolph is presiding. God save
                      the United States of America.
 
              RANDOLPH raps the gavel.
 
              RANDOLPH without objection, the sworn confessions of the two
              defendants have been read to the jury and entered into the
              court record.
 
                                  ROSS
                      No objection, your honor.
 
                                  KAFFEE
                      No objection.
 
                                  RANDOLPH
                      Is the Government prepared to make an
                      opening statement?
 
                                  ROSS
                               (standing)
                      Yes sir.
 
              ROSS walks to the jury box.
 
                                  ROSS
                               (continuing)
                      The facts of the case are this: At
                      midnight on August 6th, the defendants
                      went into the barracks room of their
                      platoon-mate, PFC William Santiago.  They
                      woke him up, tied his arms and legs with
                      rope, and forced a rag into his throat.
                      A few minutes later, a chemical reaction
                      in Santiago's body called lactic acidosis
                      caused his lungs to begin bleeding.  He
                      drowned in his own blood and was
                      pronounced dead at 32 minutes past
                      midnight.
 
 
 
 
 
 
                      These are the facts of the case.  And they
                      are undisputed. That's right. The story I
                      just told you is the exact same story
                      you're going to hear from Corporal Dawson,
                      and it's the exact same story you're going
                      to hear from Private Downey. Furthermore,
                      the Government will also demonstrate that
                      the defendants soaked the rag with poison,
                      and entered Santiago's room with motive
                      and intent to kill.
                               (beat)
                      Now, Lt.  Kaffee, is gonna try to pull off
                      a little magic act, he's gonna try a
                      little misdirection. He's going to
                      astonish you with stories of rituals and
                      dazzle you with official sounding terms
                      like Code Red.  He might even cut into a
                      few officers for you.  He'll have no
                      evidence, mind you, none.  But it's gonna
                      be entertaining. When we get to the end,
                      all the magic in the world will not have
                      been able to divert your attention from
                      the fact that Willy Santiago is dead, and
                      Dawson and Downey killed him.  These are
                      the facts of the case.
                               (beat)
                      And they are undisputed.
 
              ROSS walks back to his seat.
 
                                  RANDOLPH
                      Lt. Kaffee?
 
              Before KAFFEE's even stood up, these words are coming out of
              his mouth.
 
                                  KAFFEE
                      There was no poison on the rag and there
                      was no intent to kill and any attempt to
                      prove otherwise is futile because it just
                      ain't true.
                               (beat)
                      When Dawson and Downey went into
                      Santiago's room that night, it wasn't
                      because of vengeance or hatred, it wasn't
                      to kill or harm, and it wasn't because
                      they were looking for kicks on a Friday
                      night.  It's because it was what they were
                      ordered to do.
                               (beat)
                      Let me say that again: It's because it was
                      what they were ordered to do.  Now, out in
                      the real world, that means nothing.  And
                      here at the Washington Navy Yard, it
                      doesn't mean a whole lot more.
 
 
 
 
 
 
                      But if you're a marine assigned to Rifle
                      Security Company Windward, Guantanamo Bay,
                      Cuba, and you're given an order, you
                      follow it or you pack your bags.
                               (beat)
                      Make no mistake about it, Harold Dawson
                      and Louden Downey are sitting before you
                      in judgement today because they did their
                      job.
 
              KAFFEE walks back to the table and takes his seat.
 
                                  RANDOLPH
                      Is the Government ready to call its first
                      witness?
 
                                  ROSS
                      Please the Court, the Government calls Mr.
                      R.C McGuire.
 
              While McCGUIRE, a civilian in his late 30's, is being sworn
              in, KAFFEE has sat back down.
 
              He leans over to DAWSON and whispers.
 
                                  KAFFEE
                      How you doin'? DAWSON doesn't change his
                      expression.
 
                                  KAFFEE
                               (continuing)
                      Good.
 
                                  ROSS
                      Mr. McGuire, would you state your full
                      name and occupation for the record, please?
 
                                  MCGUIRE
                      Robert C. McGuire, Special Agent, Naval
                      Investigative Service.
 
                                  ROSS
                      Mr. McGuire, did your office receive a
                      letter from PFC William Santiago on 3
                      August of this year?
 
                                  MCGUIRE
                      We did.
 
                                  ROSS
                      What did the letter say?
 
                                  MCGUIRE
                      That a member of Private Santiago's unit
                      had illegally fired his weapon over the
                      fenceline.
 
 
 
 
                                  ROSS
                      Was that marine identified in the letter?
 
                                  MCGUIRE
                      No sir.  I notified the barracks C.O.,
                      Colonel Jessep, that I would be coming
                      down to investigate.
 
                                  ROSS
                      And what did you find?
 
                                  MCGUIRE
                      For the shift reported, only one sentry
                      returned his weapon to the switch with a
                      round of ammunition missing.
 
                                  ROSS
                      And who was that? Lance Corporal Harold
                      Dawson.
 
                                  ROSS
                               (continuing; to
                                KAFFEE)
                      Your witness.
 
              ROSS goes back to his table.  KAFFEE stands.
 
                                  KAFFEE
                      Mr. McGuire, have you questioned Corporal
                      Dawson about the fenceline shooting?
 
                                  MCGUIRE
                      Yes.  He claims to have been engaged in
                      some manner by the enemy.
 
                                  KAFFEE
                      But you don't believe him.
 
                                  MCGUIRE
                      It's not my place--
 
                                  KAFFEE
                      Corporal Dawson's been charged with a
                      number of crimes, why wasn't he charged
                      with firing at the enemy without cause?
 
                                  MCGUIRE
                      There wasn't enough evidence to support
                      such a charge.
 
                                  KAFFEE
                      Thank you.
 
              KAFFEE sits.
 
 
 
 
 
 
 
                                  ROSS
                      Mr. McGuire, I don't understand what you
                      mean when you say there wasn't enough
                      evidence to support such a charge.  You
                      had Willy Santiago's letter.
 
                                  MCGUIRE
                      Santiago was the only witness, but I never
                      had a chance to interview him.  So I don't
                      know what he saw.
 
                                  ROSS
                      And now we won't ever know, will we, Mr.
                      McGuire?
 
                                  MCGUIRE
                      No.
 
                                  ROSS
                      No more questions.
 
                                                       CUT TO:
 
              HAMMAKER, a young marine corporal, is being sworn in.
 
                                  HAMMAKER
                      Corporal Carl Edward Hammaker, Marine
                      Barracks, Rifle Security Company Windward,
                      Second Platoon Charlie.
 
                                  ROSS
                      Corporal, were you present at a meeting
                      that Lt. Kendrick held on the afternoon of
                      August 6th with the members of second
                      platoon.
 
                                  HAMMAKER
                      Yes sir.
 
                                  ROSS
                      Would you tell the Court the substance of
                      that meeting?
 
                                  HAMMAKER
                      Lt. Kendrick told us that we had an
                      informer in our group.  That Private
                      Santiago had gone outside the chain of
                      command and reported to the NIS on a
                      member of our platoon.
 
                                  ROSS
                      Did that make you mad?
                               (pause)
                      You can tell the truth, corporal, it's
                      alright. Did it make you mad?
 
 
 
 
 
 
                                  HAMMAKER
                      Yes sir.
 
                                  ROSS
                      How mad?
 
                                  HAMMAKER
                      Private Santiago betrayed a code that we
                      believe in very deeply, sir.
 
                                  ROSS
                      Were the other members of the squad angry?
 
                                  KAFFEE
                      Object--
 
                                  ROSS
                      Were Dawson and Downey?
 
                                  KAFFEE
                      Please the Court, is the judge advocate
                      honestly asking this witness to testify as
                      to how the defendant felt on August 6th?
 
                                  RANDOLPH
                      Sustained.
 
                                  ROSS
                      Corporal, did Lt.  Kendrick leave a
                      standing order at that meeting?
 
                                  RANDOLPH
                      Yes sir.
 
                                  ROSS
                      What was it?
 
                                  HAMMAKER
                      Well it was clear that he didn't want us
                      to take matters into our own hands, sir.
 
                                  ROSS
                      What was the order?
 
                                  HAMMAKER
                      Sir, he said that Santiago wasn't to be
                      touched.
 
                                  ROSS
                               (to KAFFEE)
                      Your witness.
 
                                  KAFFEE
                      Corporal Hammaker, were you in Dawson and
                      Downey's barracks room ten minutes after
                      this meeting?
 
 
 
 
 
                                  HAMMAKER
                      No sir.
 
                                  KAFFEE
                      Thanks, I have no more questions.
 
              HAMMAKER gets off the stand, and KAFFEE watches while walks
              past DAWSON and DOWNEY.  A barely perceptible exchange occurs
              between the eyes of DAWSON and HAMMAKER.
 
              KAFFEE makes a decision.
 
                                  ROSS
                      The Government calls Corporal Raymond
                      Thomas--
 
                                  KAFFEE
                      Please the Court, I understand Lt.  Ross
                      is planning on calling all the other
                      members of Rifle Security Company Windward
                      to testify.
 
                                  ROSS
                      In light of the defense that Lt.  Kaffee
                      is planning to mount, the explicit
                      instructions of the platoon leader seems
                      particularly relevant testimony.
 
                                  KAFFEE
                      The defense is willing to concede that all
                      23 witnesses will testify substantially as
                      Corporal Hammaker did, if the Government
                      is willing to concede that none of them
                      were in Dawson and Downey's room at 16:20
                      on August 6th.
 
                                  RANDOLPH
                               (to ROSS)
                      Lieutenant?
 
                                  ROSS
                      The Government'll agree to the
                      stipulation, sir.
 
                                  RANDOLPH
                      Then we'll adjourn for the day.  You can
                      call your next witness in the morning.
 
                                                       CUT TO:
 
              SHOT OF WASHINGTON AT NIGHT
 
                                                       DISSOLVE TO:
 
 
 
 
 
 
 
 
              THE PARADE GROUNDS - EARLY MORNING, two SAILORS are raising
              the flag.
 
                                                       CUT TO:
 
              INT.  THE COURTROOM - DAY
 
              COMMANDER STONE, a Navy doctor in his mid-40's, is on the
              stand.
 
                                  STONE
                      ... And he was pronounced dead at zero-
                      zero-thirty-seven.
 
                                  ROSS
                      Dr. Stone, what's lactic acidosis?
 
                                  STONE
                      If the muscles and other cells of the body
                      burn sugar instead Of oxygen, lactic acid
                      is produced.  That lactic acid is what
                      caused Santiago's lungs to bleed.
 
                                  ROSS
                      How long does it take for the muscles and
                      other cells to begin burning oxygen
                      instead of sugar?
 
                                  STONE
                      Twenty to thirty minutes.
 
                                  ROSS
                      And what caused Santiago's muscles and
                      other cells to start burning sugar?
 
                                  STONE
                      An ingested poison of some kind.
 
                                  KAFFEE
                      Your Honor, we object at this point.  The
                      witness is speculating.
 
                                  ROSS
                      Commander Stone is an expert medical
                      witness, in this courtroom his opinion
                      isn't considered speculation.
 
                                  KAFFEE
                      Commander Stone is an internist, not a
                      criminologist, and the medical facts here
                      are ultimately inconclusive.
 
                                  RANDOLPH
                      A point which I'm confident you'll
                      illustrate to the jury under cross-
                      examination, so I'm sure you won't mind if
                      his opinion is admitted now.
 
 
 
 
                                  KAFFEE
                      Not at all, sir.  Objection withdrawn.
 
              KAFFEE sits.
 
                                  ROSS
                      Doctor Stone, did Willy Santiago die of
                      poisoning?
 
                                  STONE
                      Absolutely.
 
                                  ROSS
                      Are you aware that the lab report and the
                      coroners report showed no traces of poison?
 
                                  STONE
                      Yes I am.
 
                                  ROSS
                      Then how do you justify--
 
                                  STONE
                      There are literally dozens of toxins which
                      are virtually undetectable, both in the
                      human body and on a fabric.  The nature of
                      the acidosis is the compelling factor in
                      this issue.
 
                                  ROSS
                      Thank you, sir.
 
              KAFFEE gets up.
 
                                  KAFFEE
                      Commander, you testified that it takes
                      lactic acidosis 20 to 30 minutes before it
                      becomes lethal.
 
                                  STONE
                      Yes.
 
                                  KAFFEE
                      Let me ask you, is it possible for a
                      person to have an affliction, some sort of
                      condition, which might, in the case of
                      this person, actually speed up the process
                      of acidosis dramatically?
 
              STONE says nothing for a moment.
 
                                  KAFFEE
                               (continuing)
                      Commander, is it possible?
 
                                  STONE
                      Certainly.
 
 
 
 
                                  KAFFEE
                      What might some of those conditions be?
 
                                  STONE
                               (beat)
                      If a person had a coronary disorder ... or
                      a cerebral disorder, the process would be
                      more rapid.
 
                                  KAFFEE
                      Commander, if I had a coronary condition,
                      and a perfectly clean rag was placed in my
                      mouth, and the rag was accidentally pushed
                      too far down, is it possible that my cells
                      would continue burning sugar after the rag
                      was taken out?
 
                                  STONE
                      It would have to be a very serious
                      condition.
 
                                  KAFFEE
                      Is it possible to have a serious coronary
                      condition, where the initial warning
                      signals were so mild as to escape a
                      physician during a routine medical exam?
 
                                  STONE
                      Possibly.  There would still be symptoms
                      though.
 
                                  KAFFEE
                      What kind of symptoms?
 
                                  STONE
                      There are hundreds of symptoms of a--
 
                                  KAFFEE
                      Chest pains?
 
                                  STONE
                               (beat)
                      Yes.
 
                                  KAFFEE
                      Shortness of breath?
 
                                  STONE
                      Yes.
 
                                  KAFFEE
                      Fatigue?
 
                                  STONE
                      Of course.
 
 
 
 
 
 
              KAFFEE has gone back to his table where JO has handed him
              some documents.  Hft shows then to STONE.
 
                                  KAFFEE
                      Doctor, is this your signature?
 
                                  STONE
                      Yes it is.
 
                                  KAFFEE
                      This in an order for Private Santiago to
                      be put on restricted duty.  Would you read
                      your hand written remarks at the bottom of
                      the page, please, sir.
 
                                  STONE
                               (reading)
                      "Initial testing negative.  Patient
                      complains of chest pains, shortness of
                      breath, and fatigue. Restricted from
                      running distances over five miles for one
                      week."
 
                                  KAFFEE
                      Commander, isn't it possible that Santiago
                      had a serious coronary condition, and it
                      was that condition, and not some
                      mysterious poison, that caused the
                      accelerated chemical reaction?
 
                                  STONE
                      No. I personally give the men a physical
                      examination every three months.  And every
                      three months Private Santiago got a clean
                      bill of health.
 
                                  KAFFEE
                      And that's why it had to be, poison,
                      right, Commander? 'Cause Lord knows, if
                      you put a man with a serious coronary
                      condition back on duty with a clean bill
                      of health, and that man died from a heart
                      related incident, you'd have a lot to
                      answer for, wouldn't you, doctor?
 
                                  ROSS
                      Object.  Move to strike.
 
                                  RANDOLPH
                      Sustained.  Strike it.
 
                                  KAFFEE
                      No more questions, judge.
 
              ROSS stands immediately.
 
 
 
 
 
 
                                  ROSS
                      Dr. Stone, you've held a license to
                      practice medicine for 21 years, you are
                      Board Certified in Internal Medicine, you
                      are the Chief of Internal Medicine at a
                      hospital which serves over 8000 men.  In
                      your professional opinion, was Willy
                      Santiago poisoned?
 
              Jo stands.
 
                                  JO
                      Your Honor, we re-new our objection to
                      Commander Stone's testimony, and ask that
                      it be stricken from the record. And we
                      further ask that the Court instruct the
                      jury to lend no weight to this witness's
                      testimony.
 
              KAFFEE and SAM are dying, but they're trying to keep their
              poker-faces. RANDOLPH'S gonna try to be polite about this,
              but he thought he made himself clear.
 
                                  RANDOLPH
                      The objection's overruled, counsel.
 
                                  JO
                      Sir, the defense strenuously objects and
                      requests a meeting in chambers so that his
                      honor might have an opportunity to hear
                      discussion before ruling on the objection.
 
                                  RANDOLPH
                      The objection of the defense has been
                      heard and overruled.
 
                                  JO
                      Exception.
 
                                  RANDOLPH
                      Noted.
 
              The witness is an expert and the court will hear his opinion.
 
                                  ROSS
                      Doctor, in your expert, professional
                      opinion, was Willy Santiago poisoned?
 
                                  STONE
                      Yes.
 
                                  ROSS
                      Thank you, sir, I have no more questions.
 
                                  RANDOLPH
                      Commander, you may step down.
 
 
 
 
 
                                  ROSS
                      Please the Court, while we reserve the
                      right to call rebuttal witnesses if the
                      need arises, the Government rests.
 
                                  RANDOLPH
                      We'll stand in recess until ten-hundred
                      hours this Monday, the l9th at which time
                      the defense will call it's first witness.
 
              RANDOLPH raps his gavel.
 
                                  SERGEANT AT ARMS
                      Ten hut.
 
              And the courtroom begins clearing out. KAFFEE, JO and SAM are
              packing up their various papers.
 
                                  SAM
                      I strenuously object?  Is that how it
                      works?  Objection. Overruled.  No, no, no,
                      no, I strenuously object.  Oh, well if you
                      strenuously object, let me take a moment
                      to reconsider.
 
                                  JO
                      I got it on the record.
 
                                  SAM
                      You also got it in the jury's head that
                      we're afraid of the doctor.  You object
                      once so they can hear you say he's not a
                      criminologist.  You keep after it and it
                      looks like this great cross we did was
                      just a bunch of fancy lawyer tricks.  It's
                      the difference between paper law and
                      trial--
 
                                  KAFFEE
                      Sam--
 
                                  SAM
                      Christ, you even had the Judge saying
                      Stone was an expert!
 
                                  KAFFEE
                      Sam, she made a mistake.  Let's not relive
                      it.
 
              There's an uncomfortable silence.
 
                                  SAM
                      I'm gonna go call my wife.  I'll meet you
                      tonight.
 
              Sam starts to leave.  JO turns and says
 
 
 
 
 
                                  JO
                      Why do you hate them so much?
 
              Sam stops and turns around.
 
                                  SAM
                      They beat up on a weakling, and that's all
                      they did.  The rest is just smokefilled
                      coffee-house crap.  They tortured and
                      tormented a weaker kid.  They didn't like
                      him.  And they killed him.  And why?
                      Because he couldn't run very fast.
 
              A long silence.  KAFFEE makes a decision  Alright.  Everybody
              take the night off.
 
                                  SAM
                               (continuing)
                      I apologize, I,--
 
                                  KAFFEE
                      It's alright.  We've been working 20 hour
                      days for three and a half weeks straight.
                      Take the night off.  Go see your wife, see
                      your daughter.  Jo, do whatever it is you
                      do when you're not here.  What day is
                      tomorrow?
 
                                  SAM
                      Saturday.
 
                                  KAFFEE
                      We'll start at ten.
 
              KAFFEE picks up his stuff and walks out.
 
              SAM and JO stand there uncomfortably for a moment.  JO begins
              packing up her things.
 
                                  SAM
                      Why do you like them so much?
 
                                  JO
                               (pause)
                      'Cause they stand on a wall.
                               (beat)
                      And they say "Nothing's gonna hurt you
                      tonight.  Not on my watch."
 
              Despite their differences, SAM likes this woman.
 
                                  SAM
                      Don't worry about the doctor.  This trial
                      starts Monday.
 
                                                       CUT TO:
 
 
 
 
 
              INT.  KAFFEE'S APARTMENT - NIGHT
 
              A baseball game is on.
 
              KAFFEE's pacing slowly around, carrying his baseball bat.
              He's looking at the blackboard as he walks around the room.
 
              He's studying it. Studying it hard. There's a knock on the
              door.  KAFFEE answers it. JO is standing in the doorway.
 
              I'm sorry to bother you, I should've called first.
 
                                  KAFFEE
                      No, I was just watching a baseball game.
 
                                  JO
                      I was wondering if--how you'd feel about
                      my taking you to dinner tonight.
 
                                  KAFFEE
                      Jo, are you asking me out on a date?
 
                                  JO
                      No.
 
                                  KAFFEE
                      It sounded like you were asking me out on
                      a date.
 
                                  JO
                      I wasn't.
 
                                  KAFFEE
                      I've been asked out on dates before, and
                      that's what it sounded like.
 
                                  JO
                      Do you like seafood?  I know a good
                      seafood place.
 
                                                       CUT TO:
 
 
 
              INT.  A SEAFOOD RESTAURANT - NIGHT
 
              On the Virginia side of the Potomac.  KAFFEE and JO are
              sitting at a table, finishing up dinner.
 
                                  JO
                      My third case was a Drunk and Disorderly.
                      The trial lasted nine weeks.  I rounded up
                      31 people who were in the bar that night.
 
                                  KAFFEE
                      Nine weeks on a D and D? What was the
                      prosecutor offering?
 
 
 
 
                                  JO
                      15 days.
 
                                  KAFFEE
                               (pause)
                      Well, you sure hustled the shit outta him.
 
                                  JO
                      After that, they moved me to internal
                      affairs.
 
                                  KAFFEE
                      Tough to blame them.
 
                                  JO
                      Where I've earned two distinguished
                      service medals and two letters of
                      commendation.
 
                                  KAFFEE
                      Why are you always giving me your resume?
 
                                  JO
                      Because I want you to think I'm good
                      lawyer.
 
                                  KAFFEE
                      I do.
 
                                  JO
                      No you don't.
                               (beat)
                      I think you're an exceptional lawyer.  I
                      watch the jurors, they respond to you,
                      they like you.  I see you convincing them.
                      I think Dawson and Downey are gonna end up
                      owing their lives to you.
 
                                  KAFFEE
                               (pause)
                      Jo... I think you have to prepare yourself
                      for the fact that we're gonna lose.
                               (beat)
                      Ross's opening speech, it was all true.
                               (beat)
                      I mean, let's pretend for a minute that it
                      would actually matter to this jury that
                      the guys were given an order. We can't
                      prove it ever happened.
                               (beat)
                      We'll keep doing what we're doing, and
                      we'll put on a show, but at the end of the
                      day, all we have is the testimony of two
                      people accused of murder.
 
                                  JO
                      We'll find Markinson.
 
 
 
 
                                  KAFFEE
                      Jo, we're gonna lose.  And we're gonna
                      lose huge.
 
              We HOLD on then for a moment, and in VOICE OVER hear
 
                                  HOWARD (V.O.)
                      Corporal Jeffrey Owen Howard, Marine
                      Barracks Windward, Guantanamo Bay, Cuba.
 
                                                       CUT TO:
 
              CORPORAL HOWARD, the young marine who drove the lawyers
              around Cuba, is on the stand.
 
                                  KAFFEE
                      Corporal Howard, name some reasons why a
                      marine would get a code red?
 
                                  HOWARD
                      Being late for platoon or company
                      meetings, keeping his barracks in
                      disorder, falling back on a run...
 
                                  KAFFEE
                      Have you ever received a code red?
 
                                  HOWARD
                      Yes sir. We were doing seven man assault
                      drills, and my weapon slipped.  It's just
                      cause it was over a hundred degrees and my
                      palms were sweaty and I'd forgot to use
                      the resin like we were taught.
 
                                  KAFFEE
                      And what happened?
 
                                  HOWARD
                      That night the guys in my squad threw a
                      blanket over me and took turns punching me
                      in the arm for five minutes. Then they
                      poured glue on my hands.  And it worked,
                      too, 'cause I ain't never dropped my
                      weapon since.
 
                                  KAFFEE
                      Was Private Santiago ever late for platoon
                      meetings?
 
                                  HOWARD
                      Yes sir.
 
                                  KAFFEE
                      Was his barracks ever in disorder?
 
                                  HOWARD
                      Yes sir.
 
 
 
 
                                  KAFFEE
                      Did he ever fall back on a run?
 
                                  HOWARD
                      All the time, sir.
 
                                  KAFFEE
                      Did he ever, prior to the night of August
                      6th, receive a code red?
 
                                  HOWARD
                      No sir.
 
                                  KAFFEE
                               (beat)
                      Never?
 
                                  HOWARD
                      No, sir.
 
                                  KAFFEE
                      You got a code red 'cause your palms were
                      sweaty.  Why didn't Santiago, this burden
                      to his unit, ever get one?
 
                                  HOWARD
                      Dawson wouldn't allow it, sir.
 
                                  KAFFEE
                      Dawson wouldn't allow it.
 
                                  HOWARD
                      The guys talked tough about Santiago, but
                      they wouldn't go near him.  They were too
                      afraid of Dawson, sir.
 
                                  ROSS
                      Object.  The witness is characterizing.
 
                                  KAFFEE
                      I'll rephrase.  Jeffrey, did you ever want
                      to give Santiago a code red?
 
                                  HOWARD
                      Yes sir.
 
                                  KAFFEE
                      Why didn't you?
 
                                  HOWARD
                      'Cause Dawson'd kick my butt, sir.
 
                                  KAFFEE
                      Good enough.  Lt.  Ross is gonna ask you
                      some questions now.
 
 
 
 
 
 
              ROSS takes three books out of his briefcase and puts them on
              the table.  He brings one to HOWARD.
 
                                  ROSS
                      Corporal Howard, I hold here The Marine
                      Guide and General Information Handbook for
                      New Recruits.  Are you familiar with this
                      book?
 
                                  HOWARD
                      Yes sir.
 
                                  ROSS
                      Have you read it?
 
                                  HOWARD
                      Yes sir.
 
                                  ROSS
                      Good.
                               (hands him the book)
                      Would you turn to the chapter that deals
                      with code reds, please.
 
                                  HOWARD
                      Sir?
 
                                  ROSS
                      Just flip to the page in that book that
                      discusses code reds.
 
                                  HOWARD
                      Sir, you see, Code Red is a term we use--
                      it's just used down at GITMO, sir.  I
                      don't know if it actually--
 
              ROSS has produced another book.
 
                                  ROSS
                      We're in luck, then.  The Marine Corps
                      Guide for Sentry Duty, NAVY BASE
                      Guantanamo Bay, Cuba.  I assume we'll find
                      the term code red and its definition in
                      this book, am I correct?
 
                                  HOWARD
                      No sir.
 
                                  ROSS
                      No? Corporal Howard, I'm a marine.  Is
                      their no book, no manual or pamphlet, no
                      set of orders or regulations that let me
                      know that, as a marine, one of my duties
                      is to perform code reds?
 
 
 
 
 
 
 
                                  HOWARD
                               (pause)
                      No sir.  No books, sir.
 
                                  ROSS
                      No further questions.
 
              ROSS sits.  KAFFEE walks over to ROSS's table and picks up
              one of the books.  He brings it to HOWARD.
 
                                  KAFFEE
                      Corporal, would you turn to the page in
                      this book that says where the enlisted
                      men's mess hall is?
 
                                  HOWARD
                      Lt. Kaffee, that's not in the book, sir.
 
                                  KAFFEE
                      I don't understand, how did you know where
                      the enlisted men's mess hall was if it's
                      not in this book?
 
                                  HOWARD
                      I guess I just followed the crowd at chow
                      time, sir.
 
                                  KAFFEE
                      No more questions.
 
              KAFFEE chucks the book back on ROSS's desk.
 
                                  RANDOLPH
                      Corporal Howard, you can step down.
 
                                  HOWARD
                               (greatly relieved)
                      Thank you, sir.
 
              KAFFEE gives HOWARD a subtle "You Did Good, Kid" look, and we
 
                                                       CUT TO:
 
              INT.  THE COURTHOUSE CORRIDOR - DUSK
 
              It's the end of the day's session.  KAFFEE walks down the
              hall with SAM and JO.
 
                                  KAFFEE
                      Seven tonight, we'll do a final Kendrick
                      review.  I want to slam- dunk this guy.
 
                                                       CUT TO:
 
 
 
 
 
 
 
 
              EXT.  SIDEWALK STAND - NIGHT
 
              KAFFEE'S CAR
 
              as it drives along a street in the D.C. business district.
              it's evening now and the windshield wipers are fighting
              against a rain
 
              KAFFEE pulls over at his usual newsstand.  He hops out,
              leaving the lights flashing and the door open, and runs to
              the stand.
 
                                  KAFFEE
                      Hey, Luther.
 
                                  LUTHER
                      Admiral, how's the big case goin'?
 
                                  KAFFEE
                      Nose to the grindstone.
 
                                  LUTHER
                      No flies on you.
 
                                  KAFFEE
                      A rolling stone gathers no moss.
 
                                  LUTHER
                      Yeah, well it ain't over til the fat lady
                      sings.
 
                                  KAFFEE
                      Ain't that the truth.  Catch you tomorrow.
 
              He gets back in his car, tosses the newspaper on the
              passenger seat, and turns on the ignition.  And as soon as he
              does
 
              --a hand is slapped over his mouth--
 
                                  VOICE (O.S.)
                      It's Matthew Markinson.
 
              --and KAFFEE jumps out of his skin.
 
              Because sitting in the back seat, in civilian clothes, is
              MARKINSON.
 
                                  KAFFEE
                      Jesus fucking Christ!!--
 
                                  MARKINSON
                      You left the door unlocked.
 
                                  KAFFEE
                      Scared the shit outta me.
 
 
 
 
 
                                  MARKINSON
                      Drive.
 
                                  KAFFEE
                      Are you aware you're under subpoena?
 
                                  MARKINSON
                      Yes.  I'm also aware that the lives of two
                      marines are in your hands.  If there was
                      something I could do about that, I would,
                      but since I can't, all I can do is help
                      you.  Why don't you drive, Lieutenant.
 
              KAFFEE begins driving down the street.
 
                                  KAFFEE
                      What do you know?
 
                                  MARKINSON
                      I know everything.
 
                                  KAFFEE
                      Was it a code red?
 
                                  MARKINSON
                      Yes.
 
                                  KAFFEE
                      Did Kendrick give the order?
 
                                  MARKINSON
                      Yes.
 
                                  KAFFEE
                      Did you witness it?
 
                                  MARKINSON
                      I didn't need to--
 
                                  KAFFEE
                      Did you witness it?!
 
                                  MARKINSON
                      No.
 
                                  KAFFEE
                      Then how do you know?
 
                                  MARKINSON
                      I know.
 
                                  KAFFEE
                      You know shit.
 
                                  MARKINSON
                      He was never gonna be transferred off the
                      base.
 
 
 
 
              And with this, KAFFEE screeches the car over to the side of
              the road.  He grabs the parking brake and pulls it up.  He
              turns to Markinson.
 
                                  MARKINSON
                               (continuing)
                      Jessep was going to keep him on the base.
                      He said he wanted him trained.
 
                                  KAFFEE
                      We've got the transfer order. it's got
                      your signature.
 
                                  MARKINSON
                      I know.  I signed it the morning you
                      arrived in Cuba. Six days after Santiago
                      died.
 
              KAFFEE's wheels are spinning.  He's pumped.
 
                                  KAFFEE
                      I'm gonna get you a deal.  Some kind of
                      immunity with the prosecutor.  In about
                      four days, you're gonna appear as a
                      witness for the defense, and you're gonna
                      tell the court exactly what you told me.
                      Right now I'm gonna check you into a
                      motel, and we're gonna start from the
                      beginning.
 
                                  MARKINSON
                      I don't want a deal.  And I don't want
                      immunity.
 
              KAFFEE shakes his head and laughs.
 
                                  MARKINSON
                               (continuing)
                      I want you to know, I'm proud neither of
                      what I've done nor what I'm doing.
 
              KAFFEE puts the car in gear and we
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APARTMENT - NIGHT
 
              Where KAFFEE has just finished telling his story to an amazed
              SAM and JO.
 
              There's silence.
 
              Then JO has a total adrenaline rush.
 
                                  JO
                      Where is he?
 
 
 
 
 
                                  KAFFEE
                      The Route 23 Best Western.
 
              JO picks up the phone.
 
                                  JO
                      I want him guarded.
 
                                  KAFFEE
                      That's probably a good idea.
 
                                  JO
                               (into phone)
                      This is Lt. Commander Joanne Galloway. My
                      clearance code is 411273.
 
              KAFFEE is impressed.  He turns to SAM--
 
                                  KAFFEE
                      Clearance code?
 
                                  JO
                      Thank you.
 
                                  KAFFEE
                               (to SAM)
                      I don't have a clearance code.  Do you
                      have a--
 
                                  JO
                               (into phone)
                      It's Jo Galloway.  I need to secure a
                      witness.
 
              Jo continues giving information to the person on the phone,
              while Kaffee keeps talking to the both of them.  Sam is
              writing down notes as fast as he can.
 
                                  KAFFEE
                      He also said that Jessep's lying about the
                      transportation off the base.  Jessep said
                      six the next morning was the first flight
                      Santiago could've left on, Markinson says
                      there was a plane that left seven hours
                      earlier.
 
              JO hangs up the phone.
 
                                  JO
                      Damn.
 
                                  KAFFEE
                      That was impressive.  Did you hear what I
                      just said about the flight?
 
                                  JO
                      Yes.
 
 
 
 
                                  KAFFEE
                      Sam, when a plane takes off from a base,
                      there's gotta be some kind of record kept,
                      right?
 
                                  SAM
                      We need the Tower Chief's Log for GITMO.
 
                                  KAFFEE
                               (to SAM)
                      Get it.
 
                                  JO
                      We're gonna win.
 
                                  KAFFEE
                      Jo, don't get crazy about this. We don't
                      know who Markinson is.  We don't know what
                      the log book's gonna say.  You just
                      concentrate on Downey.  I'm gonna talk to
                      Ross and tell him where we are.
 
                                  JO
                               (sing-song)
                      "Kaffee's got his case now, Kaffee's got
                      his case now."
 
                                  KAFFEE
                      You are like seven of the strangest women
                      I have ever met.
 
                                                       CUT TO:
 
              INT.  A WASHINGTON SALOON - NIGHT
 
              A WAITRESS sets two drinks down in front of KAFFEE and ROSS,
              who are sitting across from each other in a booth in the back.
 
                                  ROSS
                      That was nice work today.  The redirect on
                      Howard.
 
                                  KAFFEE
                      I have Markinson.
 
              ROSS only takes a moment digest this.
 
                                  ROSS
                      Where is he?
 
                                  KAFFEE
                      A motel room in Arlington with 14 Federal
                      Marshals outside his door.  Take a sip of
                      your drink.
 
                                  ROSS
                      Damn.
 
 
 
 
                                  KAFFEE
                      The transfer order that Parkinson signed
                      is phoney. And Jessep's statement that the
                      six a.m. flight was the first available is
                      a lie, we're checking the tower chief's
                      log. But in the meantime I'm gonna put the
                      Apostle Jon Kendrick on the stand and see
                      if we can't have a little fun.
 
              ROSS takes another sip of his drink, then lays it on the line
              for Kaffee..
 
                                  ROSS
                      I have an obligation to tell you that if
                      you accuse Kendrick or Jessep of any crime
                      without proper evidence, you'll be subject
                      to Court-Martial for professional
                      misconduct.  And that's something that'll
                      be stapled to every job application you
                      ever fill out.  Markinson's not gonna hold
                      up, he's a crazy man.  I'm not saying this
                      to intimidate you.  I'm being your lawyer.
 
                                  KAFFEE
                      Thanks, Jack.  And I wanna tell you that
                      I think the whole fuckin' bunch of you are
                      certifiably insane. And this code of honor
                      of yours makes me wanna beat the shit
                      outta something.
 
                                  ROSS
                      Don't you dare lump me in with Jessep and
                      Markinson and Kendrick because we wear the
                      same uniform.  I'm your friend, Danny, and
                      I'm telling you, I don't think your
                      clients belong in jail.  But I don't get
                      to make that decision.  I represent the
                      Government of the United States.  Without
                      passion or prejudice.  And my client has
                      a case.
                               (pause)
                      I want you to acknowledge that the judge
                      advocate has made you aware of the
                      possible consequences involved in accusing
                      a marine officer of a felony without
                      proper evidence.
 
                                  KAFFEE
                      I've been so advised.
 
              ROSS stands up and heaves a few dollars on the table.
 
                                  ROSS
                      You got bullied into that courtroom,
                      Danny.  By everyone. By Dawson, by
                      Galloway, shit, I practically dared you.
 
 
 
 
 
 
                      Not for a second have you believed you
                      could win.  You got bullied into that room
                      by the memory of a dead lawyer.
 
                                  KAFFEE
                               (pause)
                      You're a lousy softball player, Jack.
 
                                  ROSS
                      Your boys are going down.  I can't stop it
                      anymore.
 
                                                       CUT TO:
 
              INT.  COURTHOUSE CORRIDOR - DAY
 
              People are filing in.  KENDRICK is standing at the entrance
              to the courtroom.  KAFFEE glides past him...
 
                                  KAFFEE
                      Batter up, J.J.
 
              KENDRICK watches this impudent thing walk into the courtroom
              as we
 
                                                       CUT TO:
 
              INT.  THE COURTROOM - DAY
 
              KENDRICK's on the stand.  What drives Kaffee's entire
              examination of Kendrick is this: Kaffee's got him.  He's
              gonna win.  At least this round.  All he has to do is not let
              his emotions take control of his professional skill.
 
              SAM will have files and documents ready to hand Kaffee as he
              needs them.
 
                                  KAFFEE
                      Lt. Kendrick, in your opinion, was Private
                      Santiago a good marine?
 
                                  KENDRICK
                      I'd say he was about average.
 
                                  KAFFEE
                      Lieutenant, you signed three fitness
                      reports on Santiago.  On all three reports
                      you indicated a rating of Below Average.
 
                                  KENDRICK
                      Yes.  Private Santiago was Below Average
                      I didn't see the need in trampling on a
                      man's grave.
 
 
 
 
 
 
 
                                  KAFFEE
                      We appreciate that, but you're under oath
                      now, and I think unpleasant as it may be,
                      we'd all just as soon hear the truth.
 
                                  KENDRICK
                      I'm aware of my oath.
 
              KAFFEE's handed some more files.
 
                                  KAFFEE
                      Lieutenant, these are the last three
                      fitness reports you signed for Lance
                      Corporal Dawson and PFC Downey.  Downey
                      received three straight marks of
                      Exceptional. Dawson received two marks of
                      Exceptional, but on this most recent
                      report, dated June 9th of this year, he
                      received a rating of Below Average.  It's
                      this last report that I'd like to discuss
                      for a moment.
 
                                  KENDRICK
                      That's fine.
 
                                  KAFFEE
                      Lance Corporal Dawson's ranking after
                      Infantry Training School was perfect.
                      Records indicate that over half that class
                      has since been promoted to full corporal,
                      while Dawson has remained a lance
                      corporal.  Was Dawson's promotion held up
                      because of this last fitness report.
 
                                  KENDRICK
                      I'm sure it was.
 
                                  KAFFEE
                      Do you recall why Dawson was given such a
                      poor grade on this report?
 
                                  KENDRICK
                      I'm sure I don't.  I have many men in my
                      charge, Lieutenant, I write many fitness
                      reports.
 
                                  KAFFEE
                      Do you recall an incident involving a PFC
                      Curtis Barnes who'd been found stealing
                      liquor from the Officer's Club?
 
                                  KENDRICK
                      Yes.
 
                                  KAFFEE
                      Did you report private Barnes to the
                      proper authorities?
 
 
 
 
                                  KENDRICK
                      I have two books at my bedside,
                      Lieutenant, the Marine Code of Conduct and
                      the King James Bible. The only proper
                      authorities I'm aware of are my Commanding
                      Officer, Colonel Nathan R. Jessep and the
                      Lord our God.
 
                                  KAFFEE
                      Lt. Kendrick, at your request, I can have
                      the record reflect your lack of
                      acknowledgment of this court as a proper
                      authority.
 
                                  ROSS
                      Objection.  Argumentative.
 
                                  RANDOLPH
                      Sustained.
                               (to KAFFEE)
                      Watch yourself, counselor.
 
                                  KAFFEE
                      Did you report Private Barnes to your
                      superiors?
 
                                  KENDRICK
                      I remember thinking very highly of Private
                      Barnes, and not wanting to see his record
                      tarnished by a formal charge.
 
                                  KAFFEE
                      You preferred it to be handled within the
                      unit.
 
                                  KENDRICK
                      I most certainly did.
 
                                  KAFFEE
                      Lieutenant, do you know what a Code Red is?
 
                                  KENDRICK
                      Yes I do.
 
                                  KAFFEE
                      Have you ever ordered a code red?
 
                                  KENDRICK
                      No, I have not.
 
                                  KAFFEE
                      Lieutenant, did you order Dawson and two
                      other men to make sure that Private Barnes
                      receive no food or drink except water for
                      a period of seven days?
 
 
 
 
 
 
                                  KENDRICK
                      That's a distortion of the truth.  Private
                      Barnes was placed on barracks restriction.
                      He was given water and vitamin
                      supplements, and I assure you that at no
                      time was his health in danger.
 
                                  KAFFEE
                      I'm sure it was lovely for Private Barnes,
                      but you did order the barracks
                      restriction, didn't you?  And you did
                      order the denial of food.
 
                                  KENDRICK
                      Yes.
 
                                  KAFFEE
                      Wouldn't this form of discipline be
                      considered a code red?
 
                                  KENDRICK
                               (beat)
                      Not necessarily.
 
                                  KAFFEE
                      If I called the other 8000 men at
                      Guantanamo Bay to testify, would they
                      consider it a Code Red?
 
                                  ROSS
                      Please the court, the witness can't
                      possibly testify as to what 8000 other men
                      would say. We object to this entire line
                      of questioning as argumentative and
                      irrelevant badgering of the witness.
 
                                  RANDOLPH
                      The Goverrment's objection is sustained,
                      Lt. Kaffee, and I would remind you that
                      you're now questioning marine officer with
                      an impeccable service record.
 
                                  ROSS
                      Thank you judge.
 
              KAFFEE looks over at DAWSON.  They share a brief moment
              before KAFFEE turns back to KENDRICK.
 
                                  KAFFEE
                      Lieutenant, was Dawson given a rating of
                      Below Average on this last fitness report
                      because you learned held been sneaking
                      food to Private Barnes?
                               (to ROSS)
                      Not so fast.
                               (to KENDRICK)
                      Lieutenant?
 
 
 
 
                                  KENDRICK
                      Corporal Dawson was found to be Below
                      Average because he committed a crime.
 
                                  KAFFEE
                      What crime did he commit?
                               (beat)
                      Lieutenant Kendrick?
                               (beat)
                      Dawson brought a hungry guy some food.
                      What crime did he commit?
 
                                  KENDRICK
                      He disobeyed an order.
 
                                  KAFFEE
                      And because he did, because he exercised
                      his own set of values, because he made a
                      decision about the welfare of a marine
                      that was in conflict with an order of
                      yours, he was punished, is that right?
 
                                  KENDRICK
                      Corporal Dawson disobeyed an order.
 
                                  KAFFEE
                      Yeah, but it wasn't a order, was it? After
                      all, it's peacetime.  He wasn't being
                      asked to secure a hill...or advance on a
                      beachhead.  I mean, surely a marine of
                      Dawson's intelligence can be trusted to
                      determine on his own, which are the really
                      important orders, and which orders might,
                      say, be morally questionable.
                               (beat)
                      Lt. Kendrick?
                               (beat)
                      Can he?  Can Corporal Dawson determine on
                      his own which orders he's gonna follow?
                               (pause)
 
                                  KENDRICK
                      No, he can not.
 
                                  KAFFEE
                      A lesson he learned after the Curtis
                      Barnes incident, am I right?
 
                                  KENDRICK
                      I would think so.
 
                                  KAFFEE
                      You know so, don't you, Lieutenant.
 
                                  ROSS
                      Object!
 
 
 
 
 
                                  RANDOLPH
                      Sustained.
 
                                  KAFFEE
                      Lieutenant Kendrick, one final question:
                      if you ordered Dawson to give Santiago a
                      code red...
 
                                  ROSS
                      --please the court--
 
                                  KENDRICK
                      I told those men not to touch Santiago.
 
                                  KAFFEE
                      --is it reasonable to think that he
                      would've disobeyed you again?
 
                                  ROSS
                      Lieutenant, don't answer that.
 
                                  KAFFEE
                      You don't have to, I'm through.
 
              ROSS doesn't even wait before he says--
 
                                  ROSS
                      Lieutenant Kendrick, did you order
                      Corporal Dawson and Private Downey to give
                      Willy Santiaga code red?
 
              But KENDRICK isn't listening--he's glaring at Kaffee.
 
                                  ROSS
                               (continuing)
                      Lt. Kendrick, did you--
 
                                  KENDRICK
                      No I did not.
 
                                  ROSS
                      Thank you.
 
                                                       CUT TO:
 
              FWAP! - a nerf ball slams into a hoop.
 
              PULL BACK TO REVEAL
 
              INT. KAFFEE'S APARTMENT - NIGHT
 
              JO and KAFFEE. KAFFEE's pumped and shooting baskets as Sam
              walks in with some bound papers under his arm.
 
                                  KAFFEE
                      What's the word?
 
 
 
 
 
                                  SAM
                      This is the tower chief's log for that
                      night. Jessep was telling the truth. Tne
                      six a.M. Flight was the first plane out.
 
              KAFFEE lets the ball drop out of his hands.
 
                                  KAFFEE
                      Let me see that.
 
                                                       CUT TO:
 
              EXT. A MOTEL - NIGHT
 
              A SEDAN, with U.S. MARSHALL stenciled on the door, sits in
              front of one of the rooms, and the two FEDERAL AGENTS inside
              the car are reading the newspaper as
 
              KAFFEE'S CAR pulls next to them and KAFFEE jumps out.
 
              AGENT #1 sticks his head out the window and calls to KAFFEE--
 
                                  AGENT #1
                      Workin' late, lieutenant?
 
              KAFFEE pays no attention and bangs on MARKINSON's door. The
              door opens and KAFFEE walks into
 
              INT. MOTEL ROOM
 
              HE tosses the log book on the table.
 
                                  KAFFEE
                      There was no flight out at eleven o'clock.
                      What the fuck are you trying to pull?
 
                                  MARKINSON
                      The first flight stateside left Guantanamo
                      Bay at eleven and arrived at Andrews
                      Airforce Base, Maryland, at a few minutes
                      past two.
 
                                  KAFFEE
                      Then why the hell isn't it listed in the
                      Tower Chief's log?!
 
                                  MARKINSON
                      Why the hell did you think it would by?!!
 
              KAFFEE is silent.  And now it begins to sink in.
 
                                  KAFFEE
                      What are you telling me?
                               (beat)
                      He fixed the log book?
 
              Setback.  Big setback.
 
 
 
 
                                  KAFFEE
                               (continuing)
                      Well, maybe he can make it so a plane
                      didn't take off, but I can sure as hall
                      prove that one landed.  I'll get the log
                      book from Andrews.
 
              MARKINSON says nothing.  But his face says that KAFFEE was
              born yesterday.
 
                                  KAFFEE
                               (continuing; beat)
                      He made an entire flight disappear?
 
                                  MARKINSON
                      Nathan Jessep is about to be named
                      Director of Operations for the National
                      Security Council.  You don't get to that
                      position without knowing how to side-step
                      a few land mines.
                               (beat)
                      And putting me on the stand isn't gonna
                      make him step on one.
 
              KAFFEE stares at him.
 
              Then shakes his head, sighs, and picks the log book up off
              the table, and heads for the door.
 
                                  KAFFEE
                      You're taking the stand.  Thursday.
 
              KAFFEE leaves.
 
              HOLD on MARKINSON.
 
                                                       CUT TO:
 
              INT. KAFFEE'S APARTMENT
 
              KAFFEE'S APARTMENT later that night and SAM and J0 have just
              heard the report him.
 
                                  KAFFEE
                      There's gotta be someone who can testify
                      to the flight. A ground crew member.
                      Someone.
 
                                  SAM
                      Do you have any idea how many planes take
                      off and land every day? A kid from the
                      ground crew isn't gonna remember a flight
                      that landed four weeks ago.
 
 
 
 
 
 
 
 
                                  KAFFEE
                      Forget the flight.  We'll put Markinson on
                      the stand and we'll deal with Jessep's
                      refusal to transfer Santiago and he'll
                      testify to the forged transfer order.
                      That'll be enough.  That and Downey's
                      testimony really oughta be enough.
 
                                                       CUT TO:
 
              INT.  THE HOLDING ROOM - DAY
 
              Jo is working with DOWNEY.  He sits on a mock witness stand.
 
                                  JO
                      Private Downey, why did you go into
                      Santiago's room on the night of the 6th?
 
                                  DOWNEY
                      To give Private Santiago a Code Red, ma'am.
 
                                  JO
                      And why did you give him a Code Red?
 
                                  DOWNEY
                      I was ordered to give him a Code Red by
                      the Executive officer for Rifle Security
                      Company Windward, Lieutenent Jonathan
                      James Kendrick.
 
              JO smiles.
 
                                  JO
                      You're gonna do fine.
 
              DOWNEY smiles.
 
                                  DOWNEY
                      You think they'll let us go back to our
                      platoon soon, ma'am?
 
                                  JO
                               (pause)
                      Absolutely.
 
                                                       CUT TO:
 
              INT.  THE COURTHOUSE CORRIDOR - DAY
 
              Jo is going over last-minute details with KAFFEE.
 
                                  JO
                      You remember the order of the questions?
 
                                  KAFFEE
                      Yes.
 
 
 
 
 
                                  JO
                      Are you sure?
 
                                  KAFFEE
                      Yes.
 
                                  JO
                      And you'll use small words?
 
                                  KAFFEE
                      Yes.
 
                                  JO
                      He gets rattled when he doesn't understand
                      something.
 
                                  KAFFEE
                      Jo--
 
                                  JO
                      I'm just saying go slow.
 
                                  KAFFEE
                      I'm gonna go slow.
 
                                  JO
                      Okay.
 
                                  KAFFEE
                      Alright.
 
                                  JO
                      And get him off as fast as you can.
 
                                  KAFFEE
                      Joanne!
 
                                  JO
                      What?
 
                                  KAFFEE
                      He's gonna be fine.
 
              They turn and head into the courtroom as we HEAR MARKINSON in
              VOICE OVER ...
 
                                  MARKINSON (V.O.)
                      "Dear Mr. and Mrs. Santiago..."
 
                                                       CUT TO:
 
              INT.  MARKINSON'S ROOM - DAY
 
              MARKINSON is writing a letter and we HEAR it in V.0.
 
 
 
 
 
 
 
                                  MARKINSON (V.O.)
                      I was William's company commander.  I knew
                      your son vaguely, which is to say I knew
                      his name...
 
              And while we continue to HEAR Markinson's voice writing the
              letter, we begin a SERIES OF SHOTS: MARKINSON is getting into
              his class A dress uniform, complete with medals, side arm,
              and military dress sabre.
 
                                  MARKINSON (V.0.)
                      In a matter of time, the trial of the two
                      man charged with your son's death will be
                      concluded, and seven men and two women
                      whom you've never met will try to offer
                      you an explanation as to why William is
                      dead.  For my part, I've done as much as
                      I can to bring the truth to light.
 
              MARKINSON is finished dressing.  He stands in the middle of
              the motel room.
 
                                  MARKINSON (V.0.)
                               (continuing)
                      And the truth is this: your son is dead
                      for only one reason.  I wasn't strong
                      enough to stop it.
 
              MARKINSON takes a pistol out of his holster and cocks the
              trigger.
 
                                  MARKINSON (V.O.)
                      Always, Captain Matthew Andrew Markinson.
 
              MARKINSON puts the pistol in his mouth--
 
                                  MARKINSON (V.0.)
                      United states marine corps.
 
              We HEAR the BLAST of the gunshot as we
 
                                                       CUT TO:
 
              EXT. - THE COURTROOM - DAY
 
              Kaffee is at the end of his examination of Downey.
 
                                  KAFFEE
                      Private, I want you to tell us one last
                      time: Why did you go into Private
                      Santiago's room on the night of August 6th?
 
                                  DOWNEY
                      A code red was ordered by my platoon
                      commander, Lt. Jonathan James Kendrick.
 
 
 
 
 
 
                                  KAFFEE
                      Thank you.
                               (to ROSS)
                      Your witness.
 
                                  ROSS
                      Private, for the week of 2 August, the
                      switch log has you down at Post 39, is
                      that correct?
 
                                  DOWNEY
                      I'm sure it is, sir, they keep that log
                      pretty good.
 
                                  ROSS
                      How far is it from Post 39 to the Windward
                      barracks?
 
                                  DOWNEY
                      It's a ways, sir, it's a hike.
 
                                  ROSS
                      About how far by jeep?
 
                                  DOWNEY
                      About ten, fifteen minutes, sir.
 
                                  ROSS
                      Have you ever had to walk it?
 
                                  DOWNEY
                      Yes sir.  That day, sir.  Friday.  The
                      Pick-up Private--sir, that's what we call
                      the fella who drops us at our posts and
                      picks us up... also, 'cause he can get
                      girls in New York City -- the Pick-up
                      Private got a flat...
 
              At the defense table, KAFFEE, poker-faced, scribbles
              something down on a piece of paper and slides it to JO.  JO
              looks at it:
 
              "Where's he going with this?" JO scribbles I?" and hands it
              back to KAFFEE.
 
                                  DOWNEY
                               (continuing)
                      ... Right at 39.  He pulled up and blam!
                      ... A blowout-with no spare.  The two of
                      us had to double-time it back to the
                      barracks.
 
                                  ROSS
                      And if it's ten or fifteen minutes by
                      jeep, I'm guessing it must be a good hour
                      by foot, am I right?
 
 
 
 
 
                                  DOWNEY
                      Pick-up and me did it in 45 flat, sir.
 
                                  ROSS
                      Not bad.  Now you say your assault on
                      Private Santiago was the result of an
                      order that Lt. Kendrick gave in your
                      barracks room at 16:20.
 
              KAFFEE knows what's coming.  There's nothing he can do about
              it. And he can't lose his cool in front of the jury.
 
                                  DOWNEY
                      Yes sir.
 
              JO. Helpless. Panicked.
 
                                  ROSS
                      But you just said that you didn't make it
                      back to Windward Barracks until 16:45.
 
              DOWNEY's confused.  These are questions he hasn't been asked
              before.
 
                                  DOWNEY
                      Sir?
 
                                  ROSS
                      If you didn't make it back to your
                      barracks until 16:45, then how could you
                      be in your room at 16:20?
 
                                  DOWNEY
                               (pause)
                      You see sir, there was a flat tire.
 
                                  ROSS
                      Private, did you ever actually hear Lt.
                      Kendrick order a Code Red?
 
              KAFFEE's world is falling down around him, and there's
              nothing he can do about it.  And he knows it.
 
                                  DOWNEY
                               (pause)
                      No, sir.
 
              Jo leaps to her feet.
 
                                  JO
                      Please the court, I'd like to request a
                      recess in order to confer with my client.
 
                                  ROSS
                      Why did you go into Santiago's room?
 
 
 
 
 
 
                                  JO
                      The witness has rights.
 
                                  ROSS
                      The witness has been read his rights,
                      commander.
 
                                  DOWNEY
                               (confused)
                      Hal?
 
                                  RANDOLPH
                      The question will be repeated.
 
                                  ROSS
                      Why did you go into Santiago's room?
 
                                  JO
                      Your honor--
 
                                  DOWNEY
                      Hal?
 
                                  ROSS
                      Did Corporal Dawson tell you to do it?
 
              Everyone is frozen.
 
                                  ROSS
                               (continuing)
                      He did, didn't he?  Dawson told you to
                      give Santiago a code red.
 
              DOWNEY looks at DAWSON.
 
                                  DOWNEY
                      Hal?
 
                                  ROSS
                      Don't look at him.
 
                                  DOWNEY
                      Hal?
 
                                  DAWSON
                      Private. Answer the Lieutenant's question.
 
              The room is still silent.  DOWNEY does something we've never
              seen him do before.  He straightens himself up and says this
              with the pride of a man who believes he's done the right
              thing.
 
                                  DOWNEY
                      Yes, Lieutenant.  I was given an order by
                      my squad leader, Lance Corporal Harold W.
                      Dawson of the U.S. Marine Corps.  And I
                      followed it.
 
 
 
 
              ROSS let's it hang.  He looks over at KAFFEE. KAFFEE won't
              meet his eyes.
 
              INT.  KAFFEE'S APARTMENT - NIGHT
 
              JO and SAM are sitting in silence.  It's dark outside.
 
                                  JO
                      Where do you think he is?
 
              SAM doesn't know. JO is beside herself, and trying to keep it
              together.
 
                                  JO
                               (continuing)
                      As far as Downey was concerned, it was an
                      order from Kendrick.  It didn't matter
                      that he didn't hear it first hand.  He
                      doesn't distinguish between the two.
 
              SAM understands, but he doesn't say anything. The door opens
              and KAFFEE walks in.
 
                                  JO
                               (continuing)
                      Danny.  I'm sorry.
 
              KAFFFEE seems to be in an incredibly normal mood.
 
                                  KAFFEE
                      Don't worry about it.
 
                                  JO
                      Sam and I were just talking about how all
                      we really have to do is call some
                      witnesses who'll talk about implied
                      orders.,.or maybe we put Downey back on
                      the stand before we get to Dawson.
 
                                  KAFFEE
                      Maybe if we work at it we can get Dawson
                      charged with the Kennedy assassination.
 
              JO studies KAFFEE for a moment.
 
                                  JO
                      Are you drunk?
 
                                  KAFFEE
                               (a simple answer)
                      Pretty much.  Yeah.
 
                                  JO
                               (pause)
                      I'll make a pot of coffee.  We have a long
                      night's work ahead.
 
 
 
 
 
                                  KAFFEE
                      She's gonna make coffee.  That's nice.
                               (beat)
                      He wasn't in his room.
                               (Kaffee's amazed)
                      He wasn't even there.
                               (beat)
                      That was an important piece of
                      information, don't you think?
 
                                  JO
                               (pause)
                      Danny, it was just a setback.  I'm sorry.
                      But we'll fix it and then move on to
                      Markinson.
 
                                  KAFFEE
                      Markinson's dead.
 
              JO and SAM are frozen.
 
              KAFFEE says this with no particular feeling one way or the
              other.
 
                                  KAFFEE
                               (continuing)
                      You really gotta hand it to those Federal
                      Marshals, boy.
                               (he almost has to
                                laugh)
                      It's not like he hanged himself by his
                      shoelaces or slashed his wrists with a
                      concealed butter knife. This guy got, into
                      full dress uniform, stood in the middle of
                      that room, drew a nickle plated pistol
                      from his holster, and fired a bullet into
                      his mouth.
 
              Jo and SAM don't say anything.
 
                                  KAFFEE
                               (continuing)
                      Anyway, since we seem to be out of
                      witnesses, I thought I'd drink a little.
 
                                  JO
                      I still think we can win.
 
                                  KAFFEE
                      Then maybe you should drink a little.
 
                                  JO
                      Look, we'll go to Randolph in the morning
                      and make a motion for a continuance. 24
                      hours.
 
 
 
 
 
 
                                  KAFFEE
                               (beat)
                      Why would we want to do that?
 
                                  JO
                      To subpoena Colonel Jessep.
 
                                  KAFFEE
                      What?
 
                                  JO
                      Listen for a second--
 
                                  KAFFEE
                      No.
 
                                  JO
                      Just hear me out--
 
                                  KAFFEE
                      No. I won't listen to you and I won't hear
                      you out.  Your passion is comforting, Jo.
                      It's also useless. Private Downey needed
                      a trial lawyer today.
 
                                  JO
                               (pause)
                      You chicken-shit.  You're gonna use what
                      happened today as an excuse to give up.
 
                                  KAFFEE
                      It's over!
 
                                  JO
                      Why did you ask Jessep for the transfer
                      order?
 
                                  KAFFEE
                      What are you--
 
                                  JO
                      In Cuba. why did you ask Jessep for the
                      transfer order?
 
                                  KAFFEE
                      What does it matter--
 
                                  JO
                      Why?!
 
                                  KAFFEE
                      I wanted the damn transfer order!
 
 
 
 
 
 
 
 
 
                                  JO
                      Bullshit!  You could've gotten it by
                      picking up the phone and calling any one
                      of a dozen departments at the Pentagon.
                      You didn't want the transfer order.  You
                      wanted to see Jessep's reaction when you
                      asked for the transfer order.  You had an
                      instinct.  And it was confirmed by
                      Markinson.  Now damnit, let's put Jessep
                      on the stand and end this thing!
 
                                  KAFFEE
                      What possible good could come from putting
                      Jessep on the stand?
 
                                  JO
                      He told Kendrick to order the Code Red.
 
                                  KAFFEE
                      He did?!  Why didn't you say so!?  That's
                      qreat! And of course you have proof of
                      that.
 
                                  JO
                      I--
 
                                  KAFFEE
                      Ah, I keep forgetting: You were sick the
                      day they taught law at law school.
 
                                  JO
                      You put him on the stand and you get it
                      from him!
 
                                  KAFFEE
                      Yes. No problem. We get it from him.
                               (to SAM)
                      Colonel, isn't it true that you ordered
                      the Code Red on Santiago?
 
                                  SAM
                      Look, we're all a little--
 
                                  KAFFEE
                      I'm sorry, your time's run out.  What do
                      we have for the losers, Judge?  Well, for
                      our defendants it's a lifetime at exotic
                      Fort Levenworth.  And for defense counsel
                      Kaffee?  That's right--It's-- A Court-
                      Martial. Yes, Johnny, after falsely
                      accusing a marine officer of conspiracy,
                      Lt.  Kaffee will have a long and
                      prosperous career teaching typewriter
                      maintenance at the Rocco Columbo School
                      for Women.  Thank you for playing "Should
                      We or Should-We-Not Follow the Advice of
                      the Galacticly Stupid".
 
 
 
 
              And with one motion, he knocks everything from his desk.  A
              ton of papers, books, files, etc., falls to the floor.
 
              There's dead silence.  Maybe just the sound of KAFFEE
              breathing after this exhausting outburst.
 
              Finally...
 
                                  JO
                      I'm sorry I lost you your set of steak
                      knives.
 
              Jo picks up her purse and coat and walks out.  The door slams
              behind her.
 
              KAFFEE walks into the kitchen without a word.
 
              SAM gets down on the floor and begins picking up all the
              stuff that Kaffee knocked off the desk.
 
              KAFFEE comes back in with a bottle of Jack Daniels.
 
                                  KAFFEE
                      Stop cleaning up.
 
              But Sam continues.
 
                                  KAFFEE
                               (continuing)
                      Sam.  Stop cleaning up.
 
              SAM stops and sits in a chair.  KAFFEE sits on the couch.
 
                                  KAFFEE
                               (continuing)
                      You want a drink?
 
                                  SAM
                      Yeah.
 
              SAM takes a swig from the bottle.
 
                                  KAFFEE
                      Is your father proud of you?
 
                                  SAM
                      Don't do this to yourself.
 
                                  KAFFEE
                      I'll bet he is.  I'll bet he bores the
                      shit outta the neighbors and the
                      relatives.  "Sam, made Law Review.  He's
                      got a big case he's making--He's arguing
                      making an argument."
 
 
 
 
 
 
 
 
                               (pause)
                      I think my father would've enjoyed seeing
                      me graduate from law school.
                               (beat)
                      I think he would've liked that... an awful
                      lot.
 
                                  SAM
                      Did I ever tell you that I wrote a paper
                      on your father in college?
 
                                  KAFFEE
                      Yeah?
 
                                  SAM
                      He was one of the best trial lawyers ever.
 
                                  KAFFEE
                      Yes he was.
 
                                  SAM
                      And if I were Dawson and Downey and I had
                      a choice between you or your father to
                      represent me in this case, I'd take you
                      any day of the week and twice on Sunday.
                      You should have seen yourself thunder away
                      at Kendrick.
 
                                  KAFFEE
                      Would you put Jessep on the stand?
 
                                  SAM
                      No.
 
                                  KAFFEE
                      You think my father would've?
 
                                  SAM
                      With the evidence we've got?  Not in a
                      million years. But here's the thing-and
                      there's really no way of getting around
                      this--neither Lionel Kaffee nor Sam
                      Weinberg are lead counsel for the defense
                      in the matter of U.S. versus Dawson and
                      Downey.  So there's only one Question what
                      would you do?
 
              We HOLD on the two of them for a moment, then
 
                                                       CUT TO:
 
              EXT.  A SUBURBAN STREET - NIGHT
 
              JO is walking through the night at a brisk pace.  She's doing
              her best not to fall apart.
 
 
 
 
 
              TWO HEADLIGHTS appear coming down the street, and KAFFEE's
              CAR, with SAM driving and KAFFEE riding shotgun, slows down
              alongside JO.  KAFFEE rolls down his window.
 
                                  KAFFEE
                      Joanne.
 
              JO ignores them and keeps walking.  The car crawls along with
              her.
 
              JO starts walking faster.
 
                                  KAFFEE
                               (continuing)
                      Jo, we look ridiculous.
                               (to SAM)
                      Stop the car.
 
              KAFFEE hops out and calls--
 
                                  KAFFEE
                               (continuing)
                      Joanne.
 
              JO keeps walking.
 
                                  KAFFEE
                               (continuing)
                      I apologize.  I was angry and... I'm sorry
                      about what I said.
 
              But JO'S still walking.
 
                                  KAFFEE
                               (continuing; calling)
                      I'm gonna put Jessep On the stand.
 
              She stops.  She turns around.
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APARTMENT - LATER- AFTERNOON
 
              A nerf ball bounces off the wall.
 
              KAFFEE, JO and SAM are sprawled out in the living room.  For
              hours now they've been trying to come up with an idea.
              KAFFEE's mind seems to be on his basketball game.
 
                                  JO
                      I say we hit him with the phoney transfer
                      order.
 
                                  SAM
                      What's the transfer order without a
                      witness?
 
 
 
 
 
                                  KAFFEE
                      We have a witness.
 
                                  SAM
                      A dead witness.
 
                                  KAFFEE
                      And in the hands of a lesser attorney,
                      that'd be a problem.
 
                                  SAM
                      Look at this.  Last night he was swimming
                      in his Jack Daniels, now he can leap tall
                      buildings in a single bound.
 
                                  KAFFEE
                      I'm getting my second wind.  Siddown.
                      Both of you.
 
              He sees that SAM and JO were already sitting down.
 
                                  KAFFEE
                               (continuing)
                      Good.
                               (beat)
                      Jessep told Kendrick to order a code red.
                      Kendrick did, and our clients followed the
                      order.  The cover-up isn't our case.  To
                      win, Jessep has to tell the jury that he
                      ordered the code red.
 
                                  SAM
                      And you think you can got him to just say
                      it?
 
                                  KAFFEE
                      I think he wants to say it.  I think he's
                      pissed off that he's gotta hide from us.
                      I think he wants to say that he made a
                      command decision and that's the end of it.
                      He eats breakfast 80 yards away from 4000
                      Cubans who are trained to kill him, and no
                      one's gonna tell him how to run his base.
                      Least of all the pushy broad, the smart
                      Jew, and the Harvard clown.  I need to
                      shake him and put him on the defensive.
 
              SAM and JO are silent for a moment.
 
                                  SAM
                      That's it?  That's the plan?
 
                                  KAFFEE
                      That's the plan.
 
 
 
 
 
 
 
                                  SAM
                      You're gonna trip Jessep and he's gonna
                      confess.
 
                                  KAFFEE
                      I'm not gonna trip him.  I'm gonna lead
                      him right where he's dying to go.
 
                                  SAM
                      And how are you gonna do that?
 
                                  KAFFEE
                      I have no idea.  I need my bat.
 
                                  JO
                      What?
 
                                  KAFFEE
                               (looking around)
                      I need my bat.  I think better with my
                      bat.  Where's my bat?
 
                                  JO
                      I put it in the closet.
 
                                  KAFFEE
                      You put it in the closet.
 
              KAFFEE heads to the closet.
 
                                  JO
                      I was tripping over it.
 
                                  KAFFEE (O.S.)
                      Don't ever put a bat in a closet.
 
                                  JO
                      He thinks better his bat?
 
              And we go to KAFFEE AT THE CLOSET.
 
              OFFSCREEN we HEAR
 
                                  SAM (O.S.)
                      I can understand that.  I used to have
                      stuffed panda named Mr. Bobo.  I could
                      never do my home work without him.
 
              During this, KAFFEE's opened the closet door.  He reaches in
              to grab his bat when all of a sudden he notices something:
 
              His clothes.
 
              His uniforms and his civilian clothes. Hanging neatly along
              the bar. He stares at this a moment, then suddenly heads back
              through the living room towards the front door.
 
 
 
 
 
                                  KAFFEE
                      Stay here, I'm going to the office for a
                      while.
 
              KAFFEE storms out.
 
                                  SAM
                      Boy, he does think better with that bat.
 
                                                       CUT TO:
 
              INT.  THE COMPUTER ROOM - DUSK
 
              A small room at the end of a corridor at the office.  KAFFEE
              stands over a printer and watches it spit out something he's
              been waiting for.  He tears the printout off and we
 
                                                       CUT TO:
 
              INT.  KAFFEE'S OFFICE - EARLY EVENING
 
              KAFFEE,ls looking over the computer printout.  From what we
              can tell, it resembles a large, military coded phone bill.
 
              KAFFEE picks up the phone and dials.
 
                                  KAFFEE
                               (into phone)
                      Sam.
                               (beat)
                      I need you to do something.
 
                                                       CUT TO:
 
              INT.  KAFFEE'S APARTMENT
 
              SAM hangs up the phone slowly.
 
                                  JO
                      What's goin' on?
 
                                  SAM
                      I've gotta go out to Andrews.
 
                                                       CUT TO:
 
              INT.  COURTHOUSE CORRIDOR - DAY
 
              The day's session is going to begin in a few minutes.  KAFFEE
              comes around the corner and runs into Jo.
 
                                  KAFFEE
                      Is Sam here?
 
                                  JO
                      Not yet.
 
 
 
 
 
                                  KAFFEE
                      Where is he?
 
                                  JO
                      He's on his way.
 
                                  KAFFEE
                      Did he got the guys?
 
                                  JO
                      Yes. Listen, can I talk to you for a
                      second?
 
                                                       CUT TO:
 
              INT.  AN ANTE-ROOM OFF THE CORRIDOR - DAY
 
              JO closes the door behind them.
 
                                  JO
                      How're you feeling?
 
                                  KAFFEE
                      I think he's gonna have his hands full
                      today.
 
                                  JO
                      Listen.
                               (beat)
                      Danny.
                               (beat)
                      When you're out there. If it's not gonna
                      happen he's not gonna say it
                               (beat)
                      ... don't go for it.
 
              KAFFEE looks at her.
 
                                  JO
                               (continuing)
                      If you feel like... if you feel like...
                      You could get in trouble.
                               (beat)
                      I'm special counsel for internal affairs,
                      and I'm telling you, you could get in a
                      lot of trouble.
 
                                  KAFFEE
                      Why Lt.  Commander Galloway ... are you
                      suggesting I back off a material witness?
 
                                  JO
                      If you think you can't get him.
                               (beat)
                      Yeah.
 
 
 
 
 
 
                                  KAFFEE
                      Do you think I can get him?
 
                                  JO
                               (beat)
                      I think it doesn't matter what I think.
                      I'm an administrator.
                               (beat)
                      I can't seem to defend people.
 
              KAFFEE takes that in.  He picks up his briefcase and grabs
              his jacket.
 
              Then he turns to JO.
 
                                  KAFFEE
                      You're my hero, Joanne.
                               (beat)
                      From the first day, you were a lawyer.
                               (beat)
                      Live with that.
 
              And in VOICE OVER we HEAR the SERGEANT AT ARMS.
 
                                  SERGEANT AT ARMS (V.0.)
                      All rise.
 
                                                       CUT TO:
 
              INT.  THE COURTROOM - DAY
 
              Everyone stands at attention as RANDOLPH enters. SAM is
              missing.
 
                                  RANDOLPH
                               (to KAFFEE)
                      Call your witness.
 
                                  KAFFEE
                      Where's Sam?
 
                                  JO
                      He'll be here.
 
                                  RANDOLPH
                      Lieutenant, call your witness.
 
                                  KAFFEE
                      Defense calls Colonel Nathan Jessep.
 
              JESSEP is escorted in through a side door. He's wearing his
              dress uniforms, adorned with the appropriate medals.
 
 
 
 
 
 
 
 
 
                                  ROSS
                      Colonel, do you solemnly swear that the
                      testimony you will give in this General
                      Court-Martial will be the truth, the whole
                      truth, and nothing but the truth so help
                      you God?
 
                                  JESSEP
                      Yes I do.
 
                                  ROSS
                      Would you state your name, rank, and
                      current billet for the record please, air?
 
                                  JESSEP
                      Colonel Nathan R. Jessep, Commanding
                      officer, Marine Ground Forces, Guantanamo
                      Bay, Cuba.
 
                                  ROSS
                      Thank you, sir, would you have a seat,
                      please.
 
              JESSEP sits.
 
                                  KAFFEE
                      Colonel, when you learned of Santiago's
                      letter to the NIS, you had a meeting witht
                      your two senior officers, is that right?
 
                                  JESSEP
                      Yes.
 
                                  KAFFEE
                      The Executive Officer, Lt.  Jonathan
                      Kendrick, and the Company Commander,
                      Captain Matthew Markinson.
 
                                  JESSEP
                      Yes.
 
                                  KAFFEE
                      And at present, Captain Markinson is dead,
                      is that right?
 
                                  ROSS
                      Objection.  I'd like to know just what
                      defense counsel is implying?
 
                                  KAFFEE
                      I'm implying simply that, at present,
                      Captain Markinson is not alive.
 
                                  ROSS
                      Surely Colonel Jessep doesn't need to
                      appear in this courtroom to confirm that
                      information.
 
 
 
 
                                  KAFFEE
                      I just wasn't sure if the witness was
                      aware that two days ago, Captain Markinson
                      took his own life with a .45 caliber
                      pistol.
 
              And from the back of the room, SAM enters.  He's escorting
              two young AIRMEN in Airforce dress uniforms.  SAM shows the
              AIRMEN to a seat near the front, and takes his place at the
              defense table.
 
              Over this we HEAM--
 
                                  RANDOLPH (O.S.)
                      The witness is aware, the Court is aware,
                      and now the jury is aware.  We thank you
                      for bringing this to our attention.  Move
                      on Lieutenant.
 
              SAM scribbles something on a piece of paper, KAFFEE walks
              over, looks at the paper on which are wrttten two names:
              Cecil O'Malley and Anthony Perez, then turns back to RANDOLPH.
 
                                  KAFFEE
                      Yes sir. Colonel, at the time of this
                      meeting, you gave Lt.  Kendrick an order,
                      is that right?
 
                                  JESSEP
                      I told Kendrick to tell his men that
                      Santiago wasn't to be touched.
 
                                  KAFFEE
                      And did you give an order to Captain
                      Markinson as well?
 
                                  JESSEP
                      I ordered Markinscn to have Santiago
                      transferred off the base immediately.
 
                                  KAFFEE
                      Why?
 
                                  JESSEP
                      I felt that his life might be in danger
                      once word of the letter got out.
 
                                  KAFFEE
                      Grave danger?
 
                                  JESSEP
                      Is there another kind?
 
              KAFFEE holds up a document from his table.
 
 
 
 
 
 
 
                                  KAFFEE
                      We have the transfer order that you and
                      Markinson co-signed, ordering that
                      Santiago be lifted on a flight leaving
                      Guantanamo at six the next morning.  Was
                      that the first flight off the bass?
 
                                  JESSEP
                      The six a.m. flight was the first flight
                      off the base.
 
              KAFFEE nods and decides to move on.
 
              JESSEP steals a quick glance at the two AIRMEN sitting out in
              the courtroom.
 
                                  KAFFEE
                      Colonel, you flew up to Washington early
                      this morning, is that right?
 
                                  JESSEP
                      Yes.
 
              I notice you're wearing your Class A appearance in dress
              uniform for court today.
 
                                  JESSEP
                               (continuing)
                      As are you, Lieutenant.
 
                                  KAFFEE
                      Did you wear that uniform on the plane?
 
                                  ROSS
                      Please the Court, is this dialogue
                      relevant to anything in particular?
 
                                  KAFFEE
                      The defense didn't have an opportunity to
                      depose this witness, your honor.  I'd ask
                      the Court for a little latitude.
 
                                  RANDOLPH
                      A very little latitude.
 
                                  KAFFEE
                      Colonel?
 
                                  JESSEP
                      I wore fatigues on the plane.
 
                                  KAFFEE
                      And you brought your dress uniform with
                      you.
 
                                  JESSEP
                      Yes.
 
 
 
 
                                  KAFFEE
                      And a toothbrush?  A shaving kit?  Change
                      of underwear?
 
                                  ROSS
                      Your honor.
 
                                  KAFFEE
                               (to ROSS)
                      Is the Colonel's underwear a matter of
                      national security?
 
                                  RANDOLPH
                      Gentlemen.
                               (to KAFFEE)
                      You better get somewhere fast with this,
                      Lieutenant.
 
                                  KAFFEE
                      Yes sir.  Colonel?
 
                                  JESSEP
                      I brought a change of clothes and some
                      personal items.
 
                                  KAFFEE
                      Thank you.
 
              KAFFEE gets a document from his table.
 
                                  KAFFEE
                               (continuing)
                      After Dawson and Downey's arrest on the
                      night of the sixth, Santiago's barracks
                      room was sealed off and its contents
                      inventoried.
                               (reading)
                      Pairs of camouflage pants, 6 camouflage
                      shirts, 2 pairs of boots, 1 pair of brown
                      shoes, 1 pair of tennis shoes, 8 khaki tee-
                      shirts, 2 belts, 1 sweater--
 
                                  ROSS
                      Please the Court, is there a question
                      anywhere in our future?
 
                                  RANDOLPH
                      Lt. Kaffee, I have to--
 
                                  KAFFEE
                      I'm wondering why Santiago wasn't packed.
 
              That landed.  On the JURY, RANDOLPH, ROSS ...
 
 
 
 
 
 
 
 
                                  KAFFEE
                               (continuing)
                      I'll tell you what, we'll get back to that
                      one in a minute.
 
              JO hands KAFFEE the computer printout.
 
                                  KAFFEE
                               (continuing)
                      This is a record of all telephone calls
                      made from your base in the past 24 hours.
                      After being subpoenaed to Washington, you
                      made three calls.
 
              Handinq Jessep the printout--
 
                                  KAFFEE
                               (continuing)
                      I've highlighted those calls in yellow. Do
                      you recognize those numbers?
 
                                  JESSEP
                      I called Colonel Fitzhuqhes in Quantico,
                      Va. I wanted to let him know I'd be in
                      town. The second call was to set up a
                      meeting with Congressman Ramond of the
                      House Armed Services Comittee, and the
                      third call was to my sister Elizabeth.
 
                                  KAFFEE
                      Why did you make that call, sir?
 
                                  JESSEP
                      I thought she might like to have dinner
                      tonight.
 
                                  ROSS
                      Judge--
 
                                  RANDOLPH
                      I'm gonna put a stop to this now.
 
              Jo's handed KAFFEE another printout and a stack of letters.
 
                                  KAFFEE
                      Your honor, these are the telephone
                      records from GITMO for August 6th.  And
                      these are 14 letters that Santiago wrote
                      in nine months requesting, in fact
                      begging, for a transfer.
                               (to JESSEP)
                      Upon hearing the news that he was finally
                      getting his transfer, Santiago was so
                      excited, that do you know how many people
                      he called?  Zero.  Nobody.  Not one call
                      to his parents saying he was coming home.
 
 
 
 
 
 
                      Not one call to a friend saying can you
                      pick me up at the airport.  He was asleep
                      in his bed at midnight, and according to
                      you he was getting on a plane in six
                      hours, yet everything he owned was hanging
                      neatly in his closet and folded neatly in
                      his footlocker. You were leaving for one
                      day and you packed a bag and made three
                      phone calls.  Santiago was leaving for the
                      rest of his life, and he hadn't called a
                      soul and he hadn't packed a thing.  Can
                      you explain that?  The fact is there was
                      no transfer order.  Santiago wasn't going
                      anywhere, isn't that right, Colonel.
 
                                  ROSS
                      Object.  Your Honor, it's obvious that Lt.
                      Kaffee's intention this morning is to
                      smear a high ranking marine officer in the
                      desperate hope that the mere appearance of
                      impropriety will win him points with the
                      jury.
 
                                  ROSS
                               (continuing)
                      It's my recommendation, sir, that Lt.
                      Kaffee receive an official reprimand from
                      the bench, and that the witness be excused
                      with the Court's deepest apologies.
 
              RANDOLPH ponders this a moment.
 
                                  RANDOLPH
                               (pause)
                      Overruled.
 
                                  ROSS
                      Your honor--
 
                                  RANDOLPH
                      The objection's noted.
 
                                  KAFFEE
                               (beat)
                      Colonel?
 
              Jessep's smiling ...
 
              ... and now he can't help but let out a short laugh.
 
                                  KAFFEE
                               (continuing)
                      Is this funny, sir?
 
                                  JESSEP
                      No. It's not. It's tragic.
 
 
 
 
                                  KAFFEE
                      Do you have an answer?
 
                                  JESSEP
                      Absolutely.  My answer is I don't have the
                      first damn clue. Maybe he was an early
                      morning riser and he liked to pack in the
                      nq. And maybe he didn't have any friends.
                      I'm an educated man, but I'm afraid I
                      can't speak intelligently about the travel
                      habits of William Santiago.  What I do
                      know is that he was set to leave the base
                      at 0600.  Now are these really the
                      questions I was called here to answer?
                      Phone calls and footlockers?  Please tell
                      me you've got something more, Lieutenant.
                      Please tell me there's an ace up your
                      sleeve.  These two marines are on trial
                      for their lives.  Please tell me their
                      lawyer hasn't pinned their hopes to a
                      phone bill.
                               (beat)
                      Do you have any other questions for me,
                      counselor?
 
              The courtroom is silenced.  Jessep's slammed the door.
 
              KAFFEE looks around the room, sees that the world is waiting
              for him to do something ...
 
                                  RANDOLPH
                      Lt. Kaffee?
 
              KAFFEE says nothing.  He glances over to AIRMEN O'MALLEY and
              PEREZ.
 
                                  RANDOLPH
                               (continuing)
                      Lieutenant, do you have anything further
                      for this witness?
 
              KAFFEE doesn't respond.  JESSEP gets up to leave.
 
                                  JESSEP
                               (standing)
                      Thanks, Danny.  I love Washington.
 
              And JESSEP starts to leave, but he's stopped by--
 
                                  KAFFEE
                      Excuse me, I didn't dismiss you.
 
              JESSEP turns around.
 
                                  JESSEP
                      I beg your pardon.
 
 
 
 
 
                                  KAFFEE
                      I'm not through with my examination. Sit
                      down.
 
                                  JESSEP
                      Colonel.
 
                                  KAFFEE
                      What's that?
 
                                  JESSEP
                               (to RANDOLPH)
                      I'd appreciate it if he addressed me as
                      Colonal or Sir.  I believe I've earned it.
 
                                  RANDOLPH
                      Defense counsel will address the witness
                      as Colonel or Sir.
 
                                  JESSEP
                               (to RANDOLPH)
                      I don't know what the hell kind of an
                      outfit you're running here. And the
                      witness will address this Court as Judge
                      or Your Honor.  I'm quite certain I've
                      earned it.  Take your seat, Colonel.
 
              Jessep goes back to the stand.
 
                                  JESSEP
                               (continuing)
                      What would you like to discuss now! My
                      favorite color?
 
                                  KAFFEE
                      Colonel, the six a.m. flight, was the
                      first one off the base?
 
                                  JESSEP
                      Yes.
 
                                  KAFFEE
                      There wasn't a flight that left seven
                      hours earlier and landed at Andrews
                      Airforce Base at 2 a.m.?
 
                                  RANDOLPH
                      Lieutenant, I think we've covered this,
                      haven't we?
 
              KAFFEE gets the two log books from his table as well as the
              piece of paper that SAM scribbled on.
 
 
 
 
 
 
 
 
 
                                  KAFFEE
                      Your Honor, these are the Tower Chief's
                      Logs for both Guantanamo Bay and Andrews
                      Airforce Base.  The Guantanamo log lists
                      no flight that left at eleven p.m., and
                      the Andrews log lists no flight that
                      landed at 2 a.m. I'd like to admit them as
                      Defense Exhibits "A" and "B".
 
                                  RANDOLPH
                      I don't understand.  You're admitting
                      evidence of a flight that never existed?
 
                                  KAFFEE
                      We believe it did, sir.
                               (glancing at the
                                paper, then
                                motioning to the
                                AIRMEN)
                      Defense'll be calling Airman Cecil
                      O'Malley and Airman Anthony Perez.  They
                      were working the ground crew at Andrews at
                      two a.m. on the seventh.
 
                                  ROSS
                      Your Honor, these men weren't on the list.
                      Rebuttal witnesses, Your Honor, called
                      specifically to reflite testimony offered
                      under direct examination.
 
              If you looked closely at JESSEP, you could see a drop of
              sweat.
 
                                  RANDOLPH
                      I'll allow the witnesses.
 
                                  JESSEP
                      This is ridiculous.
 
                                  KAFFEE
                      Colonel, a moment ago--
 
                                  JESSEP
                      Check the Tower Logs for christ's sake.
 
                                  KAFFEE
                      We'll get to the airmen in just a minute,
                      sir.  A moment ago said that you ordered
                      Kendrick to order his men not to touch
                      Santiago.
 
                                  JESSEP
                      That's right.
 
                                  KAFFEE
                      And Kendrick was clear on what you wanted?
 
 
 
 
 
                                  JESSEP
                      Crystal.
 
                                  KAFFEE
                      Any chance Kendrick ignored the order?
 
                                  JESSEP
                      Ignored the order?
 
                                  KAFFEE
                      Any chance he just forgot about it?
 
                                  JESSEP
                      No.
 
                                  KAFFEE
                      Any chance Kendrick left your office and
                      said, "The 'old man's wrong"?
 
                                  JESSEP
                      No.
 
                                  KAFFEE
                      When Kendrick spoke to the platoon and
                      ordered them not to touch Santiago, any
                      chance they ignored him?
 
                                  JESSEP
                      Have you ever spent time in an infantry
                      unit, son?
 
                                  KAFFEE
                      No sir.
 
                                  JESSEP
                      Ever served in a forward area?
 
                                  KAFFEE
                      No sir.
 
                                  JESSEP
                      Ever put your life in another man's hands,
                      ask him to put his life in yours?
 
                                  KAFFEE
                      No sir.
 
                                  JESSEP
                      We follow orders, son.  We follow orders
                      or people die. It's that simple.  Are we
                      clear?
 
                                  KAFFEE
                      Yes sir.
 
                                  JESSEP
                      Are we clear?
 
 
 
 
                                  KAFFEE
                      Crystal.
 
              KAFFEE speaks with the quiet confidence that comes from
              knowing you're about to drop your opponents
 
                                  KAFFEE
                               (continuing; beat)
                      Colonel, I have just one more question
                      before I call Airman O'Malley and Airman
                      Perez: If you gave an order that Santiago
                      wasn't to be touched, and your orders are
                      always followed, then why would he be in
                      danger, why would it be necessary to
                      transfer him off the base?
 
              And JESSEP has no answer.
 
              Nothing.
 
              He sits there, and for the first time, seems to be lost.
 
                                  JESSEP
                      Private Santiago was a sub-standard
                      marine.  He was being transferred off the
                      base because--
 
                                  KAFFEE
                      But that's not what you said.  You said he
                      was being transferred because he was in
                      grave danger.
 
                                  JESSEP
                               (pause)
                      Yes.  That's correct, but--
 
                                  KAFFEE
                      You said, "He was in danger".  I said,
                      "Grave danger". You said--
 
                                  JESSEP
                      Yes, I recall what--
 
                                  KAFFEE
                      I can have the Court Reporter read back
                      your--
 
                                  JESSEP
                      I know what I said.  I don't need it read
                      back to me like I'm a damn--
 
                                  KAFFEE
                      Then why the two orders?
                               (beat)
                      Colonel?
                               (beat)
                      Why did you--
 
 
 
 
                                  JESSEP
                      Sometimes men take matters into their own
                      hands.
 
                                  KAFFEE
                      No sir.  You made it clear just a moment
                      ago that your men never take matters into
                      their own hands.  Your men follow orders
                      or people die.  So Santiago shouldn't have
                      been in any dangor at all, should he have,
                      Colonel?
 
              Everyone's sweating now.  Everyone but KAFFEE.
 
                                  JESSEP
                      You little bastard.
 
                                  ROSS
                      Your Honor, I have to ask for a recess to--
 
                                  KAFFEE
                      I'd like an answer to the question, Judge.
 
                                  RANDOLPH
                      The Court'll wait for answer.
 
                                  KAFFEE
                      If Kendrick told his men that Santiago
                      wasn't to be touched, then why did he have
                      to be transferred?
 
              Jessep is looking at O'KALLEY and PEREZ.
 
                                  KAFFEE
                               (continuing)
                      Colonel?
 
              JESSEP says nothing.
 
                                  KAFFEE
                               (continuing)
                      Kendrick ordered the code red, didn't he?
                      Because that's what you told Kendrick to
                      do.
 
                                  ROSS
                      Object!
 
                                  RANDOLPH
                      Counsel.
 
              KAFFEE will plow through the objections of ROSS and the
              admonishments of RANDOLPH.
 
                                  KAFFEE
                      And when it went bad, you cut these guys
                      loose.
 
 
 
 
                                  ROSS
                      Your Honor--
 
                                  RANDOLPH
                      That'll be all, counsel.
 
                                  KAFFEE
                      You had Markinson sign a phony transfer
                      order--
 
                                  ROSS
                      Judge--
 
                                  KAFFEE
                      You doctored the log books.
 
                                  ROSS
                      Damnit Kaffee!!
 
                                  KAFFEE
                      I'll ask for the forth time. You ordered--
 
                                  JESSEP
                      You want answers?
 
                                  KAFFEE
                      I think I'm entitled to them.
 
                                  JESSEP
                      You want answers?!
 
                                  KAFFEE
                      I want the truth.
 
                                  JESSEP
                      You can't handle the truth!
 
              And nobody moves.
 
                                  JESSEP
                               (continuing)
                      Son, we live in a world that has walls.
                      And those walls have to be guarded by men
                      with guns.  Who's gonna do it? You?  You,
                      Lt.  Weinberg?  I have a greater
                      responsibility than you can possibly
                      fathom.  You weep for Santiago and you
                      curse the marines.  You have that luxury.
                      You have the luxury of not knowing what I
                      know: That Santiago's death, while tragic,
                      probably saved lives.  And my existence,
                      while grotesque and incomprehensible to
                      you, saves lives.
 
 
 
 
 
 
 
 
 
                               (beat)
                      You don't want the truth.  Because deep
                      down, in places you don't talk about at
                      parties, you want me on that wall.  You me
                      there
                               (boasting)
                      We use words like honor, code,
                      loyalty...we use these words as the
                      backbone to a life spent defending
                      something.  You use 'em as a punchline.
                               (beat)
                      I have neither the time nor the
                      inclination to explain myself to a man who
                      rises and sleeps under the blanket of the
                      very freedom I provide, then questions the
                      manner in which I provide it. I'd prefer
                      you just said thank you and went on your
                      way. Otherwise, I suggest you pick up a
                      weapon and stand a post.  Either way, I
                      don't give a damn what you think you're
                      entitled to.
 
                                  KAFFEE
                               (quietly)
                      Did you order the code red?
 
                                  JESSEP
                               (beat)
                      I did the job you sent me to do.
 
                                  KAFFEE
                      Did you order the code red?
 
                                  JESSEP
                               (pause)
                      You're goddamn right I did.
 
              Silence.  From everyone.  RANDOLPH, ROSS, the M.P.'s, they're
              all frozen.  JO and SAM are likewise.  JESSEP seems
              strangely, quietly relieved.  KAFFEE simply takes control of
              the room now.
 
                                  KAFFEE
                      Please the court, I suggest the jury be
                      dismissed so that we can move to an
                      immediate Article 39a Session.  The
                      witness has rights.
 
              Silence.
 
              RANDOLPH looks to ROSS.
 
                                  RANDOLPH
                      Lt. Ross?
 
              ROSS is frozen.  He doesn't know what to do.
 
 
 
 
                                  KAFFEE
                               (as a friend)
                      Jack.
 
              ROSS looks at KAFFEE, then JESSEP, then nods his head "yes"
              to RANDOLPH.
 
                                  RANDOLPH
                      The Sergeant at Arms will take the jury to
                      an ante-room where you'll wait until
                      further instruction.
 
              The SERGEANT AT ARMS begins leading the JURORS out of the
              room.
 
                                  JESSEP
                      What the hell's going on?
 
              No one will say anything until the jurors are out of the room.
 
                                  JESSEP
                               (continuing; to
                                captain)
                      Captain, what the hell's going on?  I did
                      my job.  I'd do it again.  Now I'm getting
                      on a plane and going back to my base.
 
                                  RANDOLPH
                      M.P.'s, guard the prisoner.
 
              The M.P.Is are tentative.  They've never heard a marine
              colonel referred to as "the prisoner" before.  They sure as
              hell have never been asked to guard one.
 
                                  ROSS
                      Guard the prisoner.
 
                                  JESSEP
                      What the hell-
 
                                  ROSS
                      Colonel Jessep, you have the right to
                      remain silent.  Any statement you do make
                      can be used against you in a trial by
                      court-martial or other judicial or
                      administrative proceeding.  You have the
                      right ...
 
              ROSS continues reading JESSEP his rights, over--
 
                                  JESSEP
                      I'm being charged with a crime? I'm--
                      that's what this is--
 
 
 
 
 
 
 
 
 
                               (to Ross)
                      Marine!
                               (Ross keeps going)
                      Marine!!
                               (Ross is doing his
                                job.)
                      I'm being charged with a crime?  I'm-
                      that's what's happening?  This--I'm-this
                      is funny, you know that, this is--
 
              And JESSEP lunges at KAFFEE, and KAFFEE would be dead but for
              the three M.P.'s who've leapt in to restrain JESSEP.  SAM and
              JO have come to their feet and stand behind KAFFEE.
 
                                  JESSEP
                               (continuing; to
                                Kaffee)
                      I'm gonna tear your eyes right outta your
                      head and piss in your dead skull.  You
                      fucked with the wrong marine.
 
              ROSS is done reading JESSEP his rights.
 
                                  ROSS
                      Colonel Jessep, do you understand those
                      rights as I have just read then to you?
 
                                  JESSEP
                      I saved lives. That boy was--there was
                      weak link.  I saved lives, you hear me?
 
              The courtroom is silent from Jessep's outburst. Jessep shakes
              his head.
 
                                  JESSEP
                               (continuing)
                      You fuckin' people.
                               (beat)
                      You have no idea how to defend a nation.
 
                                  JESSEP
                               (continuing; to
                                KAFFEE)
                      All you did was weaken a country today,
                      Kaffee. That's all you did.  You put
                      people in danger.  Sweet dreams, son.
 
                                  KAFFEE
                      Don't call me son.
                               (beat)
                      I'm a lawyer, and an officer of the United
                      States Navy.  And you're under arrest you
                      sonofabitch.
 
              KAFFEE stays on JESSEP a moment longer, then remembers--
 
 
 
 
 
                                  KAFFEE
                               (continuing)
                      The witness is excused.
 
              The M.P.'s start leading JESSEP out, and KAFFEE notices
              DAWSON.  And DOWNEY.  And ROSS. who are watching a man in a
              marine colonels uniform be led away in handcuffs...KAFFEE
              takes a handkerchief from his pocket and wipes some sweat
              from his hands.  He takes a deep breath as we
 
              SLOW DISSOLVE TO
 
              INT.  THE COURTROOM - LATE AFTERNOON
 
              There's low murmor in the room as the JURORS are being led
              back into their box.
 
              Everyone's in place.
 
              RANDOLPH enters.
 
                                  SERGEANT AT ARMS
                      Ten-hut.
 
              All rise.  And sit when RANDOLPH sits.
 
                                  RANDOLPH
                      Have the jurors reached a verdict?
 
                                  JURY FOREMAN
                      We have, sir.
 
              The SERGEANT AT ARMS takes all the slips of paper from the
              FOREMAN and brings them to RANDOLPH.
 
              KAFFEE stands, and nods to DAWSON and DOWNEY that they should
              do the same. SAM and JO stand as well.
 
                                  RANDOLPH
                               (reading)
                      On the charge of Murder, the Members find
                      the defendants Not Guilty.
 
              It's hard to resist the temptation to scream and shout, but
              they do.
 
                                  RANDOLPH
                               (continuing; reading)
                      On the charge of Conspiracy to Commit
                      Murder, the Members find the defendants
                      Not Guilty.
 
              RANDOLPH looks up.  Then reads from the last slip of paper.
 
 
 
 
 
 
 
 
                                  RANDOLPH
                               (continuing)
                      On the charge of Conduct Unbecoming a
                      United States Marine, the members find the
                      defendants Guilty as Charged.
 
              A little of the energy drains out of the room.  RANDOLPH
              continues reading.
 
                                  RANDOLPH
                               (continuing; reading)
                      The defendants are hereby sentenced by
                      this court to time already served, and are
                      ordered...
 
              RANDOLPH clears his throat.
 
                                  RANDOLPH
                               (continuing)
                      ... And are ordered to be dishonorably
                      discharged from the marine corps.
                               (pause)
                      This Court-Martial is adjourned.
 
              RANDOLPH raps his gavel.
 
                                  SERGEANT AT ARMS
                      Ten hut.
 
              All rise.
 
              RANDOLPH's gone.
 
                                  SERGEANT AT ARMS
                               (continuing)
                      Dismissed.
 
              The M.P.'s move to DAWSON and DOWNEY to unlock their
              handcuffs. KAFFEE is packing up his things, just another day
              at the office.
 
                                  DAWSON
                      Why?
 
                                  KAFFEE
                      Harold, I'm sorry.
 
                                  DAWSON
                      Why?!
 
                                  DOWNEY
                      I don't understand.  Colonel Jessep said
                      he ordered the Code Red.
 
                                  JO
                      I know, but--
 
 
 
 
 
                                  DOWNEY
                      Colonel Jessep said he ordered the Code
                      Red, what did we do wrong?
 
                                  JO
                      It's not as simple as--
 
                                  DOWNEY
                      What did we do wrong?
 
                                  DAWSON
                      We did nothing wrong.
 
              SAM slaps his hands down on the table--
 
                                  SAM
                      Yes you did!  A jury just said your
                      conduct was unbecoming a marine. What does
                      that mean?!
 
                                  DAWSON
                      You're the lawyer.
 
                                  SAM
                      You're the marine.
 
                                  DAWSON
                      Not anymore.
 
              SAM lets it hang. DAWSON is staring at SAM.  His stare moves
              slowly to the floor.
 
                                  DAWSON
                               (continuing)
                      I never meant to hurt Willy.
 
              DAWSON looks up at HIS PARENTS. The moment hangs there ...
              before
 
                                  SERGEANT AT ARMS
                      Kaffee, I've gotta take these guys over to
                      personnel for some paper work.
 
              KAFFEE nods.
 
                                  SERGEANT AT ARMS
                               (continuing; to
                                Dawson & Downey)
                      Gentleman?
 
              DAWSON looks to KAFFEE.  There's gotta be more.  This can't
              be it.
 
              But KAFFEE has nothing to say.
 
 
 
 
 
 
 
              DAWSON and DOWNEY walk to the SERGEANT AT ARMS and begin to
              follow him up the aisle and out of the courtroom.  But before
              they get to the door, KAFFEE turns around and calls
 
                                  KAFFEE
                      Harold!
 
              They stop and turn around.
 
                                  DAWSON
                      Sir!
 
                                  KAFFEE
                               (pause)
                      You don't need to wear a patch on your arm
                      to have honor.
 
              DAWSON stares at KAFFEE for a long moment.
 
                                  DAWSON
                      Ten-hut.
 
              DAWSON and DOWNEY come to attention.
 
                                  DAWSON
                               (continuing)
                      There's an officer on deck.
 
              DAWSON snaps a salute and holds it.
 
              KAFFEE stares back.  Then stands up straight and returns
              their salute.
 
              With one last glance back at KAFFEE, DAWSON turns and walks
              out the door, followed by DOWNEY.
 
              ROSS walks over to the defense table.
 
                                  ROSS
                      Airmen Cecil 0'Malley and Anthony Perez?
                      What exactly were these guys gonna testify
                      to?
 
                                  KAFFEE
                      Unless I'm mistaken they were gonna
                      testify, under oath, that they have
                      absolutely no recollection of anything.
 
              ROSS smiles.
 
                                  ROSS
                      Strong witnesses.
 
                                  KAFFEE
                      And very handsome, too, don't you think?
 
 
 
 
 
 
                                  ROSS
                      I'll see you around the campus.  I've
                      gotta go arrest Kendrick.
 
                                  KAFFEE
                      Tell him I say "Hi".
 
                                  ROSS
                      Will do.
 
                                                       CUT TO:
 
              EXT.  OUTSIDE THE COURTHOUSE - DUSK
 
              KAFFEE, JO and SAM are walking down the steps.  The BAND is
              practicing on the parade grounds.
 
                                  JO
                      What do you say we take the rest of the
                      day off.  Go out someplace.  Sam?
                      Champage? Yoo-Hoo?
 
                                  SAM
                      Thanks, I can't.  I'm gonna go home and
                      talk to my daughter.  I think she's gotta
                      be bilingual by now.
 
              And SAM heads off toward his car.
 
                                  JO
                      So what's next for you?
 
                                  KAFFEE
                      Staff Sargeant Henry Williamson.  He went
                      to the movies on company time.  What about
                      you?
 
                                  JO
                      Me? Oh ... you know... the usual.
 
                                  KAFFEE
                      Just pretty much generally annoying people?
 
                                  JO
                      Yeah.
                               (pause)
                      So what do you say?  How 'bout a
                      celebration?
 
                                  KAFFEE
                      No. How 'bout a date.  A real date.
                      Dinner.  Attractive clothes.  The works.
 
                                  JO
                      Sounds good.  Who do you think I should
                      call?
 
 
 
 
 
                                  KAFFEE
                      I'll pick you up at seven.
 
                                  JO
                      What are you gonna do now?
 
                                  KAFFEE
                      I'm gonna get started on Henry Williamson.
                               (beat)
                      Stand my post for a while.
 
              JO holds out her hand.  KAFFEE shakes it.  JO kisses him.
 
                                  JO
                      Wear matching socks.
 
              Jo splits off toward her building and KAFFEE keeps walking
              toward the bleachers as we
 
              PULL BACK TO INCLUDE the almost empty parade grounds and
 
              PULL BACK as to show the Washington Navy Yard and PULL BACK
              and back and back and
 
              FADE OUT.
 
                                                                  JUNE 1991
 
                                                              NEW YORK CITY
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 





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