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