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A Few Good Men

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A Few Good Men
From Wikipedia, the free encyclopedia

A Few Good Men is a 1992 drama film directed by Rob Reiner and starring Tom Cruise, Jack Nicholson, and Demi Moore. It was based on a play of the same name by Aaron Sorkin. A courtroom drama, the film revolves around the trial of two US Marines charged with the murder of a fellow Marine and the tribulations of their lawyer as he prepares a case to defend his clients.


Plot

Lieutenant Junior Grade Daniel Kaffee (Cruise), son of a former Attorney General and Navy Judge Advocate General, is an inexperienced U.S. Navy Judge Advocate General's Corps lawyer who leads the defense in the court-martial of two Marines, Private First Class Louden Downey and Lance Corporal Harold Dawson, who are accused of murdering a fellow Marine of their unit, PFC William Santiago, at the Guantanamo Bay Naval Base in Cuba.

Santiago compared unfavorably to his fellow Marines, had poor relations with them and failed to respect the chain of command. He went above his superiors to bargain for a transfer in exchange for blowing the whistle on Dawson for firing a possibly illegal shot towards the Cuban side of the island. When Dawson and Downey are later arrested for Santiago's murder, Naval investigator and lawyer Lieutenant Commander Joanne Galloway suspects that they were carrying out a "code red": a euphemism for a violent extrajudicial punishment.

Galloway requests to defend them but the case is given to Kaffee, who has a reputation for arranging plea bargains. However, Galloway successfully argues her point of view to Kaffee after Dawson and Downey state they were ordered by Lieutenant Kendrick (under the orders of Jessep) to shave Santiago's head, minutes after Kendrick ordered the platoon not to touch the would-be victim. His death was actually caused when a rag was shoved into his mouth as a gag. Goaded by Galloway and Dawson, Kaffee agrees to be lead counsel for the defense. Despite initial friction between the two lawyers — since she believes he negotiates plea bargains to avoid having to argue in court, and he believes she is interfering with his handling of the case — their relationship strengthens as the trial progresses, as does Kaffee's effectiveness as a lawyer.

In the course of the trial it is established that Code Reds are standard in Guantanamo Bay as a means of enforcing discipline and getting sloppy Marines to follow procedure. Kaffee especially goes after Kendrick, particularly over the fact that he denied Dawson a promotion when the latter helped out a fellow Marine who was under what could be seen as a Code Red.

Markinson, who is Jessep's executive officer, has gone absent without leave since the incident, but he resurfaces in Kaffee's car during the trial, revealing that Jessep never intended to transfer Santiago off the base as previously claimed but created the transfer orders as part of a cover-up long after Santiago's death. Kaffee is unable to find evidence corroborating these claims and announces his intention to have Markinson testify. Rather than publicly dishonor himself and the Marine Corps, Markinson sends a letter to Santiago's parents, blaming his own weakness for the loss of their son, dresses in full dress uniform and commits suicide.

Near the end of the trial, Kaffee takes a risk and accuses Jessep of ordering the code red, who admits it in an uncontrolled outburst. This leads to Jessep's arrest, and a verdict of not guilty on the murder charges for Dawson and Downey. However, the two Marines are dishonorably discharged for causing Santiago's death through their "conduct unbecoming a United States Marine," a charge that is not existent in the Uniform Code of Military Justice for enlisted servicemembers.






Cast

Tom Cruise as LTJG Daniel Kaffee
Jack Nicholson as Col. Nathan R. Jessep
Demi Moore as LCDR JoAnne Galloway
Kevin Bacon as Capt. Jack Ross
Kiefer Sutherland as Lt Jonathan Kendrick
Kevin Pollak as LTJG Sam Weinberg
J. T. Walsh as Lt. Col. Matthew Andrew Markinson
James Marshall as Pfc. Louden Downey
Wolfgang Bodison as LCpl. Harold W. Dawson
J.A. Preston as Judge (Col) Julius Alexander Randolph
Matt Craven as Lt Dave Spradling
Michael DeLorenzo as Pfc William T. Santiago
Noah Wyle as Cpl Jeffrey Owen Barnes
Cuba Gooding, Jr. as Cpl Carl Hammaker
Xander Berkeley as Capt Whitaker
Joshua Malina as Tom
Christopher Guest as Cdr (Dr.) Stone
Aaron Sorkin as Lawyer bragging in tavern
John M. Jackson as JAG Captain West






      A FEW GOOD MEN

      Screenplay by

      Aaron Sorkin

    Revised third draft
    (c) 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 feel 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-
    gerously 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
    prove 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, dozing 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 a 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 with 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 HEAR--

      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 want
    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
    a 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 O'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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