1 00:00:05,673 --> 00:00:07,608 - IN THE CRIMINAL JUSTICE SYSTEM, 2 00:00:07,641 --> 00:00:09,610 THE PEOPLE ARE REPRESENTED BY TWO SEPARATE, 3 00:00:09,643 --> 00:00:11,512 YET EQUALLY IMPORTANT GROUPS. 4 00:00:11,545 --> 00:00:13,247 THE POLICE WHO INVESTIGATE CRIME 5 00:00:13,281 --> 00:00:15,716 AND THE DISTRICT ATTORNEYS WHO PROSECUTE THE OFFENDERS. 6 00:00:15,749 --> 00:00:18,786 THESE ARE THEIR STORIES. 7 00:00:18,819 --> 00:00:21,122 - THIS IS CRAZY. 8 00:00:21,155 --> 00:00:23,324 YOU CAN'T LEAVE! - I CAN'T STAY. 9 00:00:23,357 --> 00:00:24,792 EVEN WITH THE WORK-STUDY, I WON'T MAKE 10 00:00:24,825 --> 00:00:27,328 MY NEXT TUITION INSTALLMENT. 11 00:00:27,361 --> 00:00:28,629 TAXI. 12 00:00:28,662 --> 00:00:31,099 - I'LL GET YOU THE MONEY, OKAY? 13 00:00:31,132 --> 00:00:32,433 I GOT SOMETHING BIG LINED UP. 14 00:00:32,466 --> 00:00:33,734 - DON'T WORRY ABOUT ME. 15 00:00:33,767 --> 00:00:35,369 JUST TAKE CARE OF YOURSELF. 16 00:00:35,403 --> 00:00:37,605 - EXCUSE ME. YOU SPARE SOMETHING? 17 00:00:37,638 --> 00:00:39,507 - BEAT IT! 18 00:00:42,710 --> 00:00:45,779 - EVERYTHING'S GONNA BE ALL RIGHT. 19 00:00:45,813 --> 00:00:49,450 I LOVE YOU. 20 00:00:49,483 --> 00:00:51,619 CALL ME, OKAY? 21 00:00:54,688 --> 00:00:56,690 [car doors close] 22 00:01:04,798 --> 00:01:07,768 - YOU A MARINE? 23 00:01:07,801 --> 00:01:09,803 - YEAH. 24 00:01:16,444 --> 00:01:17,545 - HERE. TAKE IT ALL. 25 00:01:17,578 --> 00:01:18,679 - YOU SERIOUS? 26 00:01:18,712 --> 00:01:20,814 - YEAH. 27 00:01:20,848 --> 00:01:22,850 - THANKS, BUDDY. 28 00:01:22,883 --> 00:01:25,653 GOD BLESS. 29 00:01:25,686 --> 00:01:27,421 - TWO IN THE CHEST. 30 00:01:27,455 --> 00:01:28,789 STUDENT BIKING THROUGH THE ALLEY 31 00:01:28,822 --> 00:01:30,591 HEARD THE SHOTS AROUND 21:10. 32 00:01:30,624 --> 00:01:32,226 PATROL GOT HERE QUICK. 33 00:01:32,260 --> 00:01:34,295 - FACULTY PARKING GARAGE, NOT EXACTLY 34 00:01:34,328 --> 00:01:36,397 GROUND ZERO FOR GUN CRIME. 35 00:01:36,430 --> 00:01:37,598 YOU SECURE THE AREA? 36 00:01:37,631 --> 00:01:38,532 - FIRST THING. 37 00:01:38,566 --> 00:01:40,801 NO INS OR OUTS TILL YOU RELEASE THE SCENE. 38 00:01:40,834 --> 00:01:42,903 - NO WALLET OR I.D., BUT WE GOT A DORMITORY KEY CARD. 39 00:01:42,936 --> 00:01:45,539 - [sighs] LET'S SEE WHAT ELSE HE'S GOT. 40 00:01:47,741 --> 00:01:48,909 OH. 41 00:01:48,942 --> 00:01:51,712 LOOKS LIKE HE WAS A BUSINESS MAJOR. 42 00:01:51,745 --> 00:01:54,382 - [sniffs] YEAH, MINORING IN HERBOLOGY. 43 00:01:54,415 --> 00:01:55,916 LOOKS LIKE THE CAMPUS DOPE DEALER. 44 00:01:55,949 --> 00:02:00,821 - MARK HIS REPORT CARD "D" FOR DECEASED. 45 00:02:04,592 --> 00:02:07,561 [dramatic music] 46 00:02:07,595 --> 00:02:15,603 * 47 00:02:50,771 --> 00:02:52,206 - DEALERS. GOOD RIDDANCE. 48 00:02:52,240 --> 00:02:54,508 THERE'S A BUNCH OF LATINOS OVER ON 125th. 49 00:02:54,542 --> 00:02:55,776 MY GUYS KEEP 'EM OFF CAMPUS. 50 00:02:55,809 --> 00:02:56,910 - YEAH. 51 00:02:56,944 --> 00:02:59,647 - WE'RE GONNA NEED THE SECURITY VIDEOS FOR THE GARAGE. 52 00:02:59,680 --> 00:03:01,649 - THERE'S ONLY ONE CAMERA. 53 00:03:01,682 --> 00:03:03,317 IT COVERS THE EXIT. 54 00:03:03,351 --> 00:03:05,219 BUT THE RAINS THIS SUMMER KNOCKED IT OUT OF COMMISSION. 55 00:03:05,253 --> 00:03:07,655 - OKAY, WE'LL NEED A LIST OF ALL THE FACULTY WHO PARK THERE. 56 00:03:07,688 --> 00:03:09,457 - THAT I GOT. 57 00:03:09,490 --> 00:03:10,891 OKAY, IT'S READY. 58 00:03:10,924 --> 00:03:14,695 AND YOUR JOHN DOE IS... 59 00:03:14,728 --> 00:03:18,632 HAYLEY KOZLOW? 60 00:03:18,666 --> 00:03:19,933 - IT'S GREG. 61 00:03:19,967 --> 00:03:22,236 GREG TANNER. 62 00:03:22,270 --> 00:03:24,638 HE'S BEEN CRASHING HERE. 63 00:03:24,672 --> 00:03:27,908 I CAN'T BELIEVE THIS. 64 00:03:27,941 --> 00:03:29,643 - HOW'D YOU KNOW HIM? 65 00:03:29,677 --> 00:03:31,445 - WE MET AT THE CAFETERIA. 66 00:03:31,479 --> 00:03:32,746 HE'S NOT A STUDENT OR ANYTHING. 67 00:03:32,780 --> 00:03:34,415 HE SAID HE HAD A SISTER HERE. 68 00:03:34,448 --> 00:03:37,851 HE WAS MATURE AND NICE. 69 00:03:37,885 --> 00:03:39,787 REALLY NICE. 70 00:03:39,820 --> 00:03:41,955 - HIS DUFFEL BAG'S MILITARY ISSUE. 71 00:03:41,989 --> 00:03:43,557 WAS HE IN THE SERVICE? 72 00:03:43,591 --> 00:03:44,892 - YEAH. 73 00:03:44,925 --> 00:03:47,628 UM, GREG SAID HE HAD NIGHTMARES FROM IT. 74 00:03:47,661 --> 00:03:49,463 BUT WE DIDN'T TALK MUCH, YOU KNOW? 75 00:03:49,497 --> 00:03:51,399 - YOU TALK ABOUT THIS? 76 00:03:51,432 --> 00:03:52,833 - OH, MY GOD. 77 00:03:52,866 --> 00:03:56,304 IF I KNEW ABOUT THAT, I SWEAR HE WOULD HAVE BEEN GONE. 78 00:03:56,337 --> 00:03:57,671 - WAS ANYONE GIVING HIM TROUBLE? 79 00:03:57,705 --> 00:03:59,039 - I DON'T KNOW. 80 00:03:59,072 --> 00:04:01,475 LAST SATURDAY I SAW HIM OUTSIDE OF ROCCO'S. 81 00:04:01,509 --> 00:04:03,544 HE WAS GETTING INTO IT WITH SOME HISPANIC GUY, 82 00:04:03,577 --> 00:04:06,547 BUT GREG SAID IT WAS NOTHING. 83 00:04:06,580 --> 00:04:07,848 [slurping drink] 84 00:04:07,881 --> 00:04:09,550 - WE'VE GOT A WINNER. 85 00:04:09,583 --> 00:04:10,818 WAIT HERE. 86 00:04:10,851 --> 00:04:12,720 - HEY, THE M.E.'S CONFIRMED IT. 87 00:04:12,753 --> 00:04:14,588 THERE'S NO STIPPLING OR POWDER BURNS ON TANNER, 88 00:04:14,622 --> 00:04:16,790 SO FIGURE HE WAS SHOT FROM AT LEAST THREE FEET AWAY. 89 00:04:16,824 --> 00:04:17,958 - MM-HMM. 90 00:04:17,991 --> 00:04:19,460 - THERE'S A YOUNG WOMAN DOWNSTAIRS, 91 00:04:19,493 --> 00:04:21,629 JUST IN FROM PITTSBURGH, LOOKS VERY UPSET. 92 00:04:21,662 --> 00:04:23,431 - IT'S THE SISTER OF OUR CAMPUS DEALER. 93 00:04:23,464 --> 00:04:25,633 - WE HAVE ANY PROGRESS TO REPORT TO HER? 94 00:04:25,666 --> 00:04:27,401 - WELL, OUR WITNESS PICKED OUT THIS GUY 95 00:04:27,435 --> 00:04:29,337 AS SOMEONE TANNER WAS HAVING A BEEF WITH. 96 00:04:29,370 --> 00:04:31,805 MANNY LOPEZ, WORKS WITH A DRUG CREW ON 125th. 97 00:04:31,839 --> 00:04:33,774 - SO MAYBE THIS WAS A TURF DISPUTE. 98 00:04:33,807 --> 00:04:36,477 - SLUGS CAME BACK TO A .22, BUT THEY WERE FRAGMENTED. 99 00:04:36,510 --> 00:04:38,346 EVEN IF WE DO FIND A WEAPON, 100 00:04:38,379 --> 00:04:39,680 MATCHING BALLISTICS WILL BE IFFY. 101 00:04:39,713 --> 00:04:42,683 - ALL RIGHT, LET'S GO TALK TO MISS TANNER. 102 00:04:42,716 --> 00:04:44,452 - [gasps] OH, MY GOD. 103 00:04:44,485 --> 00:04:46,754 MY BIG BROTHER. 104 00:04:46,787 --> 00:04:50,558 - WHEN WAS THE LAST TIME YOU SAW HIM? 105 00:04:50,591 --> 00:04:53,561 - IT WAS JUST TWO DAYS AGO. 106 00:04:53,594 --> 00:04:54,795 I HAD TO LEAVE SCHOOL. 107 00:04:54,828 --> 00:04:57,097 MY FINANCIAL AID FELL THROUGH. 108 00:04:57,130 --> 00:05:00,768 GREG SAID NOT TO GO, THAT HE'D HELP ME. 109 00:05:00,801 --> 00:05:03,637 - MEGAN, HOW DID HE END UP LIVING ON CAMPUS? 110 00:05:03,671 --> 00:05:05,973 - IT WAS BECAUSE OF ME. 111 00:05:06,006 --> 00:05:07,875 AFTER HE GOT OUT OF THE SERVICE, 112 00:05:07,908 --> 00:05:09,910 HE HAD NO PLACE ELSE TO GO. 113 00:05:09,943 --> 00:05:11,779 MY MOM'S AT A HOME IN PITTSBURGH. 114 00:05:11,812 --> 00:05:12,946 SHE'S GOT PARKINSON'S. 115 00:05:12,980 --> 00:05:15,416 DAD DIED WHEN I WAS TEN. 116 00:05:15,449 --> 00:05:20,788 GREG JOINED THE MARINES SO HE COULD BE LIKE HIM. 117 00:05:20,821 --> 00:05:22,623 - HERE. 118 00:05:22,656 --> 00:05:23,457 - [blows nose] 119 00:05:23,491 --> 00:05:26,794 HE NEVER SAID WHERE THEY SENT HIM, 120 00:05:26,827 --> 00:05:29,430 BUT ME AND MY MOM WOULD GET EMAILS, 121 00:05:29,463 --> 00:05:31,365 A PHONE CALL AT CHRISTMAS. 122 00:05:31,399 --> 00:05:33,434 THEN HE SHOWED UP AT MY DORM ONE DAY. 123 00:05:33,467 --> 00:05:35,569 HE'D BEEN DISCHARGED. 124 00:05:35,603 --> 00:05:38,639 BUT HE DIDN'T COME BACK THE SAME GUY. 125 00:05:38,672 --> 00:05:40,140 - HOW WAS HE DIFFERENT? 126 00:05:40,173 --> 00:05:43,611 - HE GOT ANXIOUS A LOT. 127 00:05:43,644 --> 00:05:45,779 HE NEEDED HELP, BUT I THINK HE WAS HAVING PROBLEMS 128 00:05:45,813 --> 00:05:47,448 GETTING HIS ARMY BENEFITS. 129 00:05:47,481 --> 00:05:51,084 - MEGAN, DO YOU KNOW WHAT YOUR BROTHER WAS DOING ON CAMPUS? 130 00:05:51,118 --> 00:05:53,887 - I THINK AUDITING CLASSES. 131 00:05:53,921 --> 00:05:56,424 I DIDN'T SEE HIM MUCH THE LAST FEW WEEKS. 132 00:05:56,457 --> 00:05:58,091 WHY? 133 00:05:58,125 --> 00:06:00,928 - WE BELIEVE HE WAS DEALING DRUGS. 134 00:06:00,961 --> 00:06:04,432 - OH, GOD. 135 00:06:04,465 --> 00:06:06,066 GREG. 136 00:06:06,099 --> 00:06:08,669 HE MET THIS GIRL. 137 00:06:08,702 --> 00:06:10,438 I WANTED TO GIVE HIM SPACE. 138 00:06:10,471 --> 00:06:12,573 I SHOULD HAVE-- 139 00:06:12,606 --> 00:06:14,942 OH, MY GOD. I LOST HIM. 140 00:06:14,975 --> 00:06:16,977 - EXCUSE ME. 141 00:06:25,486 --> 00:06:28,789 - THAT LAST TIME YOU SAW YOUR BROTHER... 142 00:06:28,822 --> 00:06:32,726 WHAT DID THE TWO OF YOU TALK ABOUT? 143 00:06:32,760 --> 00:06:35,829 - HE SAID HE'D GET ME MONEY FOR SCHOOL. 144 00:06:35,863 --> 00:06:40,834 THAT HE WAS WORKING ON SOMETHING BIG. 145 00:06:40,868 --> 00:06:43,036 - THE WOMAN HAS SEEN IT ALL. 146 00:06:43,070 --> 00:06:46,674 NOW ONE TALE OF WOE AND SHE SUDDENLY GOES SOFT? 147 00:06:46,707 --> 00:06:48,442 - WELL, IF SHE HEARS YOU TALKING LIKE THIS, 148 00:06:48,476 --> 00:06:49,943 YOU'RE GONNA BE EATING THROUGH A STRAW. 149 00:06:49,977 --> 00:06:51,979 - NOW THAT'S THE LIEUTENANT I KNOW. 150 00:06:52,012 --> 00:06:54,915 NO, THE SOMETHING BIG THE SISTER MENTIONED 151 00:06:54,948 --> 00:06:56,650 COULD HAVE BEEN A DRUG SCORE. 152 00:06:56,684 --> 00:06:57,918 COULD BE HOW TANNER GOT HIMSELF 153 00:06:57,951 --> 00:06:59,219 INTO A BEEF WITH THE COMPETITION. 154 00:06:59,252 --> 00:07:01,489 - SO THEY AMBUSH HIM IN THE FACULTY GARAGE? 155 00:07:01,522 --> 00:07:04,191 - OR MAYBE THEY FOLLOWED HIM THERE? 156 00:07:04,224 --> 00:07:07,227 COULD BE HE WAS MEETING A CLIENT. 157 00:07:07,260 --> 00:07:09,029 PROFESSOR POTHEAD. 158 00:07:09,062 --> 00:07:10,564 TAKE THIS GUY FOR EXAMPLE. 159 00:07:10,598 --> 00:07:14,568 A LAW PROFESSOR BY THE NAME OF KEVIN FRANKLIN. 160 00:07:14,602 --> 00:07:16,470 IN THE GARAGE EVERY DAY AT 1:00. 161 00:07:16,504 --> 00:07:17,871 OUT BY 9:15. 162 00:07:17,905 --> 00:07:20,040 EXCEPT THE DAY THAT TANNER'S KILLED. 163 00:07:20,073 --> 00:07:21,208 - REALLY? 164 00:07:21,241 --> 00:07:22,976 - FRANKLIN BREAKS HIS PATTERN. 165 00:07:23,010 --> 00:07:25,078 LEAVES HIS CAR IN THE GARAGE OVERNIGHT. 166 00:07:25,112 --> 00:07:28,181 DRIVES IT OUT THE NEXT DAY AT NOON. 167 00:07:31,151 --> 00:07:33,020 - HE LOOKS VAGUELY FAMILIAR. 168 00:07:33,053 --> 00:07:34,888 I MIGHT HAVE SEEN HIM AROUND CAMPUS. 169 00:07:34,922 --> 00:07:36,590 - AND HOW ABOUT THE FACULTY GARAGE 170 00:07:36,624 --> 00:07:38,225 WEDNESDAY NIGHT, SAY AROUND 9:00? 171 00:07:38,258 --> 00:07:39,593 - I WASN'T IN THE GARAGE WEDNESDAY. 172 00:07:39,627 --> 00:07:40,994 IF YOU'LL EXCUSE ME, 173 00:07:41,028 --> 00:07:42,796 I HAVE A CLASS OF LAW STUDENTS WAITING. 174 00:07:42,830 --> 00:07:45,132 - ACTUALLY, WE HAVE A FEW MORE QUESTIONS. 175 00:07:45,165 --> 00:07:46,500 - YOU'LL HAVE TO CALL ME LATER. 176 00:07:46,534 --> 00:07:48,602 - NOT SO FAST, PROFESSOR. 177 00:07:48,636 --> 00:07:50,871 WE BELIEVE THAT YOU WERE IN THAT GARAGE 178 00:07:50,904 --> 00:07:53,273 MAYBE TO DO A LITTLE BUSINESS WITH MR. TANNER. 179 00:07:53,306 --> 00:07:54,875 - BUSINESS? 180 00:07:54,908 --> 00:07:56,877 - SCORE A LITTLE POT FOR YOUR WEEKEND BARBECUE? 181 00:07:56,910 --> 00:07:57,878 - ARE YOU KIDDING ME? 182 00:07:57,911 --> 00:07:59,046 I USED TO WORK FOR THE DEPARTMENT OF JUSTICE. 183 00:07:59,079 --> 00:08:01,715 - LOOK, WE DON'T CARE IF YOU LIKE THE OCCASIONAL JOINT. 184 00:08:01,749 --> 00:08:02,983 - WELL, I DON'T. 185 00:08:03,016 --> 00:08:04,084 AND IF I SAW SOMETHING, I ASSURE YOU 186 00:08:04,117 --> 00:08:06,253 I KNOW MY OBLIGATIONS, BUT I WASN'T IN THE GARAGE. 187 00:08:06,286 --> 00:08:07,588 - THEN TELL US WHY YOU LEFT 188 00:08:07,621 --> 00:08:08,956 YOUR CAR THERE OVERNIGHT WEDNESDAY. 189 00:08:08,989 --> 00:08:10,791 - I FINISHED TEACHING MY CLASS AROUND 9:00. 190 00:08:10,824 --> 00:08:13,293 I WENT TO WORDPLAY ON AMSTERDAM TO BUY A BOOK. 191 00:08:13,326 --> 00:08:14,762 - WHAT BOOK? 192 00:08:14,795 --> 00:08:16,063 - JOHN RAWLS' THEORY OF JUSTICE. 193 00:08:16,096 --> 00:08:17,865 THE NEW ANNOTATED EDITION. - YOU BUY IT? 194 00:08:17,898 --> 00:08:19,700 - NO, THERE WAS A LINE AT THE CASHIER, 195 00:08:19,733 --> 00:08:20,868 SO I WALKED BACK TO THE GARAGE, 196 00:08:20,901 --> 00:08:22,570 BUT THE POLICE HAD ALREADY SEALED IT OFF. 197 00:08:22,603 --> 00:08:23,737 - WHAT TIME WAS THIS? 198 00:08:23,771 --> 00:08:25,606 - JUST AFTER 9:30, I GUESS. 199 00:08:25,639 --> 00:08:27,274 MY WIFE WAS WAITING UP, SO I GOT A CAB 200 00:08:27,307 --> 00:08:29,309 TO GRAND CENTRAL AND I CAUGHT THE LAST METRO 201 00:08:29,342 --> 00:08:33,080 NORTH TO HASTINGS. 202 00:08:33,113 --> 00:08:34,247 - RIGHT. 203 00:08:34,281 --> 00:08:36,083 THE NEW RAWLS' EDITION CAME IN LAST WEEK. 204 00:08:36,116 --> 00:08:37,284 - WHAT KIND OF TRAFFIC DID YOU HAVE 205 00:08:37,317 --> 00:08:38,752 AT THE REGISTER WEDNESDAY NIGHT? 206 00:08:38,786 --> 00:08:40,788 - TRAFFIC? YOU'RE JOKING, RIGHT? 207 00:08:40,821 --> 00:08:42,656 THIS PLACE IS DEAD AFTER DINNER. 208 00:08:42,690 --> 00:08:44,658 - DEAD. 209 00:08:44,692 --> 00:08:45,759 GREAT. 210 00:08:45,793 --> 00:08:49,329 - HEY, JUST RAN KEVIN FRANKLIN THROUGH THE SYSTEM. 211 00:08:49,362 --> 00:08:51,665 HE WAS ARRESTED IN HASTINGS LAST YEAR. 212 00:08:51,699 --> 00:08:52,966 GET THIS. 213 00:08:53,000 --> 00:08:54,134 ON A CPW. 214 00:08:54,167 --> 00:08:56,737 - CPW? HOW SWEET IS THAT? 215 00:08:56,770 --> 00:08:58,739 - MR. FRANKLIN GOT INTO A FENDER BENDER 216 00:08:58,772 --> 00:09:00,708 ON NORTH STREET WITH A MAX EPSTEIN. 217 00:09:00,741 --> 00:09:02,042 - AND THE CPW? 218 00:09:02,075 --> 00:09:04,111 - EPSTEIN CLAIMED FRANKLIN FLASHED A WEAPON. 219 00:09:04,144 --> 00:09:05,946 THAT WAS AN EXAGGERATION, BUT FRANKLIN 220 00:09:05,979 --> 00:09:07,615 WAS CARRYING A PIECE IN THE HIP HOLSTER. 221 00:09:07,648 --> 00:09:09,750 HE SAID HE HAD A CARRIER PERMIT, BUT HE COULDN'T PRODUCE IT, 222 00:09:09,783 --> 00:09:11,118 SO THE OFFICER TOOK HIM IN. 223 00:09:11,151 --> 00:09:12,753 - DID HE HAVE A PERMIT? 224 00:09:12,786 --> 00:09:13,821 - TURNS OUT HE DID. 225 00:09:13,854 --> 00:09:14,722 FULL CARRY FOR WESTCHESTER 226 00:09:14,755 --> 00:09:16,223 AND A SPECIAL PERMIT FOR NEW YORK CITY. 227 00:09:16,256 --> 00:09:17,925 THE CHARGE WAS DROPPED. 228 00:09:17,958 --> 00:09:19,059 - WHAT KIND OF WEAPON DID HE HAVE? 229 00:09:19,092 --> 00:09:21,962 - .22 CALIBER SMITH AND WESSON. 230 00:09:21,995 --> 00:09:24,698 - SWEETER AND SWEETER. 231 00:09:28,235 --> 00:09:29,870 - FRANKLIN'S ALIBI DOESN'T HOLD UP. 232 00:09:29,903 --> 00:09:30,971 PLUS HE GOT HIS TIMELINE WRONG. 233 00:09:31,004 --> 00:09:33,841 - YEAH, FRANKLIN SAID HE COULDN'T GET HIS CAR AT 9:30 234 00:09:33,874 --> 00:09:35,208 BECAUSE THE GARAGE WAS SEALED OFF, 235 00:09:35,242 --> 00:09:38,712 BUT THE FIRST UNIT WASN'T ON THE SCENE UNTIL 9:45. 236 00:09:38,746 --> 00:09:40,347 - SO TELL ME WHY HE KILLED GREG TANNER. 237 00:09:40,380 --> 00:09:41,514 - MONEY. 238 00:09:41,548 --> 00:09:44,818 GREG TOLD HIS SISTER HE WAS WORKING ON SOMETHING BIG. 239 00:09:44,852 --> 00:09:47,087 OUR GUESS IS HE TRIED HIS HAND AT BLACKMAIL. 240 00:09:47,120 --> 00:09:48,689 - YEAH, FRANKLIN'S A TENURE-TRACK 241 00:09:48,722 --> 00:09:50,290 ASSISTANT PROFESSOR OF LAW. 242 00:09:50,323 --> 00:09:52,926 IT COMES OUT HE'S BUYING POT, HE'S GOT A LOT TO LOSE. 243 00:09:52,960 --> 00:09:54,695 ACADEMIC POST, LAW LICENSE. 244 00:09:54,728 --> 00:09:56,363 - NONE OF WHICH ADDS UP TO PROBABLE CAUSE 245 00:09:56,396 --> 00:09:58,065 FOR A WARRANT FOR HIS GUN. 246 00:09:58,098 --> 00:10:00,834 - WE CAN ALWAYS SAY, "PRETTY PLEASE WITH A CHERRY ON TOP." 247 00:10:00,868 --> 00:10:04,271 - CALL ME WHEN YOU HAVE SOME P.C. 248 00:10:04,304 --> 00:10:07,407 - LOOK, YOU GUYS NEED TO TIE FRANKLIN TO TANNER. 249 00:10:07,440 --> 00:10:10,277 CALLS, MEETINGS, EVIDENCE OF BAD BLOOD. 250 00:10:10,310 --> 00:10:13,714 [cell phone rings] 251 00:10:13,747 --> 00:10:17,150 I HAVE TO TAKE THIS. 252 00:10:17,184 --> 00:10:19,086 LOOK, THIS CASE WON'T CLEAR ITSELF 253 00:10:19,119 --> 00:10:21,822 WITH YOU GUYS SITTING ON YOUR ASS. 254 00:10:21,855 --> 00:10:24,091 HEY. 255 00:10:24,124 --> 00:10:26,694 - I NEVER HEARD GREG MENTION A PROFESSOR FRANKLIN. 256 00:10:26,727 --> 00:10:28,862 - CONFLICT OF LAWS. CIVIL RIGHTS. 257 00:10:28,896 --> 00:10:30,363 YOU WANT TO BE A LAWYER? 258 00:10:30,397 --> 00:10:32,099 - UH, THOSE ARE GREG'S. 259 00:10:32,132 --> 00:10:35,035 - IS THERE ANYTHING ELSE UP THERE THAT BELONGS TO HIM? 260 00:10:35,068 --> 00:10:38,005 - THAT FOLDER'S NOT MINE. 261 00:10:38,038 --> 00:10:40,073 HEY, I GOT TO GO TO A SPIN CLASS, OKAY? 262 00:10:40,107 --> 00:10:41,775 JUST DON'T MESS WITH MY STUFF. 263 00:10:41,809 --> 00:10:42,810 - WE GOT YOU. 264 00:10:42,843 --> 00:10:44,111 HAVE FUN SPINNING. 265 00:10:44,144 --> 00:10:46,680 - OH. 266 00:10:46,714 --> 00:10:48,081 LOOK AT THIS. 267 00:10:48,115 --> 00:10:52,219 COURSE SYLLABUS FOR FRANKLIN'S CON LAW CLASSES. 268 00:10:52,252 --> 00:10:54,221 AND THIS. 269 00:10:54,254 --> 00:10:56,223 [tape recorder clicks] 270 00:10:56,256 --> 00:10:58,225 - I NEED YOUR HELP WITH THE V.A. 271 00:10:58,258 --> 00:10:59,860 IF YOU JUST GO ON RECORD-- 272 00:10:59,893 --> 00:11:01,228 - I DON'T KNOW WHAT YOU'RE TALKING ABOUT. 273 00:11:01,261 --> 00:11:02,996 - I CAN'T DO THIS WITHOUT YOU. 274 00:11:03,030 --> 00:11:04,231 PLEASE, YOU OWE ME. 275 00:11:04,264 --> 00:11:05,999 - JUST GET THAT THING OUT OF MY FACE. 276 00:11:06,033 --> 00:11:09,069 [static] 277 00:11:09,102 --> 00:11:10,704 - THAT BAD BLOOD SEEMS TO BE 278 00:11:10,738 --> 00:11:11,972 ABOUT THE VETERANS ADMINISTRATION. 279 00:11:12,005 --> 00:11:13,741 - TANNER'S SISTER SAID HE WAS HAVING TROUBLE 280 00:11:13,774 --> 00:11:15,709 GETTING BENEFITS. 281 00:11:18,078 --> 00:11:19,412 - SERGEANT TANNER RECEIVED COUNSELING 282 00:11:19,446 --> 00:11:21,214 FOR 30 DAYS POST-DISCHARGE. 283 00:11:21,248 --> 00:11:24,084 AFTER THAT, HIS TEMPORARY BENEFITS LAPSED. 284 00:11:24,117 --> 00:11:25,485 - OKAY, WHAT WAS THE COUNSELING FOR? 285 00:11:25,518 --> 00:11:27,187 - COME ON, YOU KNOW I CAN'T GET INTO THAT. 286 00:11:27,220 --> 00:11:28,488 - HOW ABOUT WHAT TYPE OF DISCHARGE HE GOT? 287 00:11:28,521 --> 00:11:29,723 THAT'S NOT CLASSIFIED. 288 00:11:29,757 --> 00:11:31,191 - HE GOT A 5-13 DISCHARGE. 289 00:11:31,224 --> 00:11:32,125 SEPARATION FROM SERVICE DUE 290 00:11:32,159 --> 00:11:34,494 TO A PRE-EXISTING PERSONALITY DISORDER. 291 00:11:34,527 --> 00:11:37,064 - PRE-EXISTING, MEANING WHATEVER WAS WRONG WITH HIM, 292 00:11:37,097 --> 00:11:38,932 IT WASN'T SERVICE-CONNECTED, MEANING THE MILITARY'S 293 00:11:38,966 --> 00:11:40,834 NOT ON THE HOOK FOR HIS LONG-TERM CARE. 294 00:11:40,868 --> 00:11:42,169 - [sighs] THAT'S HOW IT WORKS. 295 00:11:42,202 --> 00:11:44,204 - A GUY HUMPS IT FOR HIS COUNTRY FOR EIGHT YEARS. 296 00:11:44,237 --> 00:11:45,773 HE COMES HOME AND THEN UNCLE SAM 297 00:11:45,806 --> 00:11:47,140 JUST KICKS HIM TO THE CURB. 298 00:11:47,174 --> 00:11:49,009 - DOES THAT SEEM FAIR, DOC? 299 00:11:49,042 --> 00:11:50,978 - NO, NOT FOR A SOLDIER WHO REQUIRED 300 00:11:51,011 --> 00:11:52,913 POST-TRAUMATIC STRESS DISORDER FROM DOING 301 00:11:52,946 --> 00:11:54,481 GUARD DUTY AT ABU GHRAIB. 302 00:11:54,514 --> 00:11:56,850 - GREG WAS GUARDING TERRORISTS? 303 00:11:56,884 --> 00:12:00,153 - HE SAID WHAT HE SAW KEPT HIM UP NIGHTS. 304 00:12:02,255 --> 00:12:04,391 - FROM THE STUFF THAT TANNER HAS UNDERLINED, 305 00:12:04,424 --> 00:12:06,326 LOOKS LIKE HE WAS PREPARING A LAWSUIT 306 00:12:06,359 --> 00:12:08,061 TO HAVE HIS BENEFITS REINSTATED. 307 00:12:08,095 --> 00:12:09,830 - AND HE WANTED FRANKLIN TO REPRESENT HIM. 308 00:12:09,863 --> 00:12:14,501 - CAN I GET YOUR ATTENTION, PLEASE? 309 00:12:14,534 --> 00:12:16,369 UH, LISTEN. 310 00:12:16,403 --> 00:12:19,272 LAST WEEK, I WAS DIAGNOSED WITH CANCER. 311 00:12:19,306 --> 00:12:22,275 IT'S MANAGEABLE, BUT I HAVE TO START 312 00:12:22,309 --> 00:12:24,144 TREATMENT IMMEDIATELY. 313 00:12:24,177 --> 00:12:26,113 I'M TELLING YOU THIS BECAUSE I'LL BE COMING AND GOING 314 00:12:26,146 --> 00:12:29,416 MORE THAN USUAL AND I DON'T WANT ANY TONGUES WAGGING. 315 00:12:29,449 --> 00:12:32,119 OH, AND BEFORE I FORGET, THE CHIEF OF Ds 316 00:12:32,152 --> 00:12:34,121 IS COMING DOWN HARD ON THE FIVES, 317 00:12:34,154 --> 00:12:35,956 OR SHOULD I SAY THE LACK OF THEM. 318 00:12:35,989 --> 00:12:40,293 YOU'RE ALL BIG BOYS AND GIRLS, SO GET THEM DONE ON TIME. 319 00:12:40,327 --> 00:12:42,529 - UH, LOO? 320 00:12:42,562 --> 00:12:44,131 - YEAH, WHAT YOU GOT? 321 00:12:44,164 --> 00:12:45,799 - IT LOOKS LIKE TANNER WAS AFTER FRANKLIN 322 00:12:45,833 --> 00:12:47,267 TO HELP HIM SUE THE GOVERNMENT 323 00:12:47,300 --> 00:12:48,301 OVER HIS VETERAN BENEFITS. 324 00:12:48,335 --> 00:12:50,503 - EXCEPT FRANKLIN'S A CONSTITUTIONAL SCHOLAR, 325 00:12:50,537 --> 00:12:52,005 NOT A BENEFITS EXPERT. 326 00:12:52,039 --> 00:12:54,007 - WE'LL TALK TO SOME OF FRANKLIN'S COLLEAGUES. 327 00:12:54,041 --> 00:12:55,275 SEE WHAT THEY KNOW. 328 00:12:55,308 --> 00:12:57,477 - HEY, LOO. - YEAH? 329 00:12:57,510 --> 00:13:00,848 - SORRY. 330 00:13:00,881 --> 00:13:02,950 - YEAH. 331 00:13:09,022 --> 00:13:11,859 - PROFESSOR FRANKLIN NEVER MENTIONED A GREG TANNER. 332 00:13:11,892 --> 00:13:13,193 I HIGHLY DOUBT THAT HE'D HAVE ANYTHING TO DO 333 00:13:13,226 --> 00:13:14,394 WITH A DRUG DEALER. 334 00:13:14,427 --> 00:13:16,563 HE'S WOUND TIGHTER THAN A SWISS WATCH. 335 00:13:16,596 --> 00:13:18,265 - HE SOUNDS PRETTY TOUGH TO GET ALONG WITH. 336 00:13:18,298 --> 00:13:19,867 - HE'S VERY COMPETITIVE. 337 00:13:19,900 --> 00:13:21,568 WE'RE BOTH UP FOR TENURE, EXCEPT I DON'T HAVE 338 00:13:21,601 --> 00:13:23,904 HIS FANCY GOVERNMENT PEDIGREE. 339 00:13:23,937 --> 00:13:27,107 NOT THAT I'M SUGGESTING THAT HE'S UNQUALIFIED, MIND YOU. 340 00:13:27,140 --> 00:13:29,109 JUST THAT HE'S VERY WELL CONNECTED. 341 00:13:29,142 --> 00:13:31,544 - HE MUST BE. 342 00:13:31,578 --> 00:13:33,981 NOT TOO MANY LAW PROFESSORS CARRY PERMITS FOR HANDGUNS. 343 00:13:34,014 --> 00:13:35,082 - THAT'S BECAUSE OF THE WORK HE DID 344 00:13:35,115 --> 00:13:36,850 FOR THE DEPARTMENT OF JUSTICE. 345 00:13:36,884 --> 00:13:38,218 - WHAT KIND OF WORK? DRUG ENFORCEMENT? 346 00:13:38,251 --> 00:13:39,452 - NO, ALL I CAN TELL YOU IS THAT 347 00:13:39,486 --> 00:13:41,621 A NUMBER OF BUSH ADMINISTRATION DOCUMENTS 348 00:13:41,654 --> 00:13:44,024 HAVE RECENTLY BEEN DECLASSIFIED, 349 00:13:44,057 --> 00:13:47,394 INCLUDING A FEW MEMOS THAT FRANKLIN WROTE. 350 00:13:47,427 --> 00:13:50,864 AND, UH, YOU DIDN'T HEAR IT FROM ME. 351 00:13:50,898 --> 00:13:53,133 - MMM. 352 00:13:53,166 --> 00:13:56,169 "TECHNIQUES THAT MAY BE USED IN INTERROGATION 353 00:13:56,203 --> 00:13:58,906 OF HIGH-VALUE AL-QAEDA DETAINEES." 354 00:13:58,939 --> 00:14:01,074 NOW THERE'S A SEXY TITLE. 355 00:14:01,108 --> 00:14:02,409 - THESE DECLASSIFIED DOCUMENTS 356 00:14:02,442 --> 00:14:04,344 ARE ALL ABOUT HANDLING TERRORIST SUSPECTS. 357 00:14:04,377 --> 00:14:06,513 THIS ONE SAYS THE PRESIDENT CAN SEND THE ARMY 358 00:14:06,546 --> 00:14:08,415 INTO AMERICAN NEIGHBORHOODS TO MAKE ARRESTS. 359 00:14:08,448 --> 00:14:11,151 - HERE'S ONE THAT FRANKLIN WROTE. 360 00:14:11,184 --> 00:14:13,386 "LEGAL STANDARDS GOVERNING THE DETENTION 361 00:14:13,420 --> 00:14:16,256 AND INTERROGATION OF UNLAWFUL ENEMY COMBATANTS." 362 00:14:16,289 --> 00:14:18,658 THE ENTIRE PLAYBOOK FOR GITMO AND ABU GHRAIB. 363 00:14:18,691 --> 00:14:20,961 - THE PLAYBOOK THAT SET THE WORKING CONDITIONS 364 00:14:20,994 --> 00:14:22,462 FOR GUARDS LIKE TANNER. 365 00:14:22,495 --> 00:14:25,098 THE CONDITIONS THAT CAUSED HIS POST-TRAUMATIC STRESS. 366 00:14:25,132 --> 00:14:27,400 - TANNER MIGHT HAVE SEEN IT THAT WAY. 367 00:14:27,434 --> 00:14:30,103 - AND BLAMED FRANKLIN. HE SAID FRANKLIN OWED HIM. 368 00:14:30,137 --> 00:14:32,105 MAYBE THIS WAS THE PAYDAY TANNER WAS TALKING ABOUT. 369 00:14:32,139 --> 00:14:34,207 MONEY FROM FRANKLIN FOR HIS PAIN AND SUFFERING. 370 00:14:34,241 --> 00:14:35,608 - THERE'S YOUR BAD BLOOD. 371 00:14:35,642 --> 00:14:37,544 - AND OUR PROBABLE CAUSE FOR A SEARCH. 372 00:14:37,577 --> 00:14:39,412 - LET'S GO. 373 00:14:39,446 --> 00:14:42,315 - CONNIE, I THINK WE GOT OUR P.C. ON FRANKLIN. 374 00:14:42,349 --> 00:14:44,451 - YOU GUYS ARE ABOUT FIVE MINUTES LATE. 375 00:14:44,484 --> 00:14:46,419 - COME ON IN, DETECTIVES. 376 00:14:46,453 --> 00:14:48,321 PROFESSOR FRANKLIN HERE JUST CONFESSED 377 00:14:48,355 --> 00:14:50,423 TO SHOOTING GREG TANNER. 378 00:14:50,457 --> 00:14:51,992 - HE EVEN BROUGHT THE GUN. 379 00:14:52,025 --> 00:14:54,127 - PROFESSOR FRANKLIN WAS BEING STALKED 380 00:14:54,161 --> 00:14:55,628 BY A MENTALLY DISTURBED LUNATIC 381 00:14:55,662 --> 00:14:57,564 WHO HAD ACCOSTED HIM IN A STAIRWELL. 382 00:14:57,597 --> 00:15:00,033 IF THIS OFFICE INTENDS TO FILE CHARGES, 383 00:15:00,067 --> 00:15:02,635 MY CLIENT WILL BE ARGUING SELF-DEFENSE. 384 00:15:02,669 --> 00:15:06,106 - OF MYSELF AND MY COUNTRY. 385 00:15:14,181 --> 00:15:15,448 - A PLEA? 386 00:15:15,482 --> 00:15:16,316 FIRST YOU PUSH FOR A MILLION IN BAIL 387 00:15:16,349 --> 00:15:17,584 AND NOW YOU EXPECT US TO TAKE A PLEA? 388 00:15:17,617 --> 00:15:19,953 WE'RE HERE AS A COURTESY TO GIVE YOU 389 00:15:19,987 --> 00:15:21,554 A CHANCE TO DROP THIS CHARGE 390 00:15:21,588 --> 00:15:23,090 BEFORE WE PUBLICLY EMBARRASS YOU. 391 00:15:23,123 --> 00:15:26,459 - HE SHOT AN UNARMED WAR VETERAN FROM THREE FEET AWAY 392 00:15:26,493 --> 00:15:28,228 AND WE'RE THE ONES WHO ARE SUPPOSED TO BE EMBARRASSED? 393 00:15:28,261 --> 00:15:30,363 - HE SHOT A TRAINED KILLER WHO BLAMED HIM 394 00:15:30,397 --> 00:15:32,365 FOR HIS MENTAL PROBLEMS, DEMANDED MONEY, 395 00:15:32,399 --> 00:15:34,267 AND THEN THREATENED HIM WHEN HE SAID, "NO." 396 00:15:34,301 --> 00:15:36,436 - IT'S A PERFECT CASE OF SELF-DEFENSE 397 00:15:36,469 --> 00:15:39,239 EXCEPT FOR THE RUNNING AWAY, THE LYING. 398 00:15:39,272 --> 00:15:42,075 - ALL OF WHICH EVINCES A CONSCIOUSNESS OF GUILT. 399 00:15:42,109 --> 00:15:44,111 NOW HE CAN PLEAD TO MANSLAUGHTER ONE 400 00:15:44,144 --> 00:15:45,478 OR STARTING TOMORROW, A GRAND JURY 401 00:15:45,512 --> 00:15:47,247 WILL HEAR ALL ABOUT HIS DECEPTIONS. 402 00:15:47,280 --> 00:15:49,282 - NO, THEY WON'T. 403 00:15:49,316 --> 00:15:52,252 - WHAT'S THAT? 404 00:15:52,285 --> 00:15:55,488 - A WRIT OF PROHIBITION TO EXCLUDE ALL STATEMENTS 405 00:15:55,522 --> 00:15:58,558 MY CLIENT MADE TO THE POLICE ON THE GROUNDS 406 00:15:58,591 --> 00:16:01,528 THAT THEIR INTERVIEW WITH HIM WAS CUSTODIAL 407 00:16:01,561 --> 00:16:07,334 AND HE SHOULD HAVE BEEN MIRANDIZED. 408 00:16:07,367 --> 00:16:09,202 - THE JUDGE THREW IT ALL OUT. 409 00:16:09,236 --> 00:16:10,270 HIS PHONY ALIBI. 410 00:16:10,303 --> 00:16:12,005 HIS CLAIMS OF NOT KNOWING TANNER. 411 00:16:12,039 --> 00:16:14,007 I MEAN, IN SHORT, EVERYTHING THAT MAKES HIM LOOK GUILTY. 412 00:16:14,041 --> 00:16:16,009 - I CAN COUNT ON THE FINGERS OF ONE HAND 413 00:16:16,043 --> 00:16:17,377 THE TIMES I'VE SEEN A WRIT USED 414 00:16:17,410 --> 00:16:19,179 TO KEEP EVIDENCE OUT OF THE GRAND JURY. 415 00:16:19,212 --> 00:16:21,348 - NOT JUST ANY WRIT, BUT ONE FRANKLIN 416 00:16:21,381 --> 00:16:23,150 DASHED OFF DURING A PLEA CONFERENCE 417 00:16:23,183 --> 00:16:25,018 COMPLETE WITH CITATIONS. 418 00:16:25,052 --> 00:16:27,087 BRILLIANT. 419 00:16:27,120 --> 00:16:28,621 ANY EVIDENCE HE KILLED TANNER 420 00:16:28,655 --> 00:16:30,323 FOR REASONS OTHER THAN SELF-DEFENSE? 421 00:16:30,357 --> 00:16:31,458 - NOTHING. 422 00:16:31,491 --> 00:16:32,692 THE ONLY ONE WHO'D KNOW IS TANNER. 423 00:16:32,725 --> 00:16:34,561 AND, WELL, HE'S NOT TALKING. 424 00:16:34,594 --> 00:16:36,629 - THANKS. 425 00:16:36,663 --> 00:16:40,200 OH, IT'S FROM FRANKLIN. 426 00:16:40,233 --> 00:16:43,136 HE'S ASSERTING HIS RIGHT TO ADDRESS THE GRAND JURY. 427 00:16:43,170 --> 00:16:44,137 - SURE. 428 00:16:44,171 --> 00:16:45,638 FIRST, GET RID OF AS MANY INCONVENIENT FACTS 429 00:16:45,672 --> 00:16:47,507 AS POSSIBLE AND THEN SPIN WHAT'S LEFT 430 00:16:47,540 --> 00:16:49,276 INTO A SELF-SERVING TALE. 431 00:16:49,309 --> 00:16:50,543 - YEAH, THE LAW-ABIDING PROFESSOR 432 00:16:50,577 --> 00:16:52,312 VERSUS THE DERANGED DRUG DEALER. 433 00:16:52,345 --> 00:16:54,214 - SPIN IT THE OTHER WAY. 434 00:16:54,247 --> 00:16:57,284 MAKE GREG TANNER AS CUDDLY AS A WEEK-OLD PUPPY. 435 00:17:01,588 --> 00:17:03,423 - GREG WAS SMART. 436 00:17:03,456 --> 00:17:06,593 PEOPLE LIKED HIM. 437 00:17:06,626 --> 00:17:10,563 HE BELIEVED IN SERVING THE GREATER GOOD. 438 00:17:10,597 --> 00:17:14,801 BUT WHEN HE WAS OVER THERE IN THE WAR, 439 00:17:14,834 --> 00:17:16,836 SOMETHING INSIDE HIM BROKE. 440 00:17:16,869 --> 00:17:18,838 - HE SUFFERED FROM POST-TRAUMATIC STRESS. 441 00:17:18,871 --> 00:17:21,141 - THAT'S WHAT HIS PSYCHIATRIST TOLD HIM. 442 00:17:21,174 --> 00:17:23,376 HE WORKED IN THE PRISONS. 443 00:17:23,410 --> 00:17:25,212 HE SAW INTERROGATIONS. 444 00:17:25,245 --> 00:17:28,481 PEOPLE BEING HURT, BEING HANGED IN A SHOWER ROOM. 445 00:17:28,515 --> 00:17:29,616 HE HAD NIGHTMARES. 446 00:17:29,649 --> 00:17:33,386 HE COULDN'T KEEP A JOB. 447 00:17:33,420 --> 00:17:36,789 - MR. TANNER APPROACHED ME ONE NIGHT AFTER CLASS. 448 00:17:36,823 --> 00:17:40,193 HE TOLD ME ABOUT HIS GRIEVANCE OVER HIS MILITARY DISCHARGE. 449 00:17:40,227 --> 00:17:43,296 HE WANTED MY HELP SUING TO HAVE HIS BENEFITS REINSTATED. 450 00:17:43,330 --> 00:17:46,099 HE THOUGHT BECAUSE I WORKED FOR THE DEPARTMENT OF JUSTICE 451 00:17:46,133 --> 00:17:47,167 UNDER THE BUSH ADMINISTRATION 452 00:17:47,200 --> 00:17:49,169 THAT I HAD SOME SPECIAL EXPERTISE. 453 00:17:49,202 --> 00:17:51,104 - WHAT WORK SPECIFICALLY DID YOU DO? 454 00:17:51,138 --> 00:17:53,840 - I WROTE ADVISORY MEMOS GOVERNING THE MANNER 455 00:17:53,873 --> 00:17:55,808 IN WHICH SUSPECTED TERRORISTS WERE HELD. 456 00:17:55,842 --> 00:17:58,845 BECAUSE MR. TANNER GUARDED THOSE DETAINEES, 457 00:17:58,878 --> 00:18:01,314 HE THOUGHT I HAD INSIGHTS INTO THE CONDITIONS 458 00:18:01,348 --> 00:18:02,815 THAT HAD CAUSED HIS POST-TRAUMATIC STRESS. 459 00:18:02,849 --> 00:18:05,452 I TOLD HIM HE NEEDED A SPECIALIST 460 00:18:05,485 --> 00:18:07,820 IN HEALTHCARE LITIGATION. 461 00:18:07,854 --> 00:18:08,888 I THOUGHT THAT THAT WAS THE END OF IT, 462 00:18:08,921 --> 00:18:11,591 BUT A WEEK LATER, HE CONFRONTED ME AT THE GARAGE. 463 00:18:11,624 --> 00:18:13,693 HE WAS AGITATED. HE DEMANDED MONEY. 464 00:18:13,726 --> 00:18:18,198 HE SAID THAT I WAS RESPONSIBLE FOR HIS MENTAL PROBLEMS. 465 00:18:18,231 --> 00:18:21,534 I TRIED TO REASON WITH HIM, BUT HE WOULDN'T LET ME LEAVE. 466 00:18:21,568 --> 00:18:23,570 I WAS TRAPPED BY THIS DERANGED EX-SOLDIER. 467 00:18:23,603 --> 00:18:25,338 - DID HE ACTUALLY THREATEN TO KILL YOU? 468 00:18:25,372 --> 00:18:27,474 - I WAS IN FEAR FOR MY LIFE. 469 00:18:27,507 --> 00:18:30,143 HE KEPT SAYING, "YOU'RE NOT LEAVING." 470 00:18:30,177 --> 00:18:33,746 AND THEN HE STARTED TOWARD ME AND THAT'S-- 471 00:18:33,780 --> 00:18:36,483 THAT'S WHEN I SHOT HIM. 472 00:18:36,516 --> 00:18:39,152 HE FELL. HE STOPPED MOVING. 473 00:18:39,186 --> 00:18:40,887 - WHAT DID YOU DO THEN? DID YOU CALL THE POLICE? 474 00:18:40,920 --> 00:18:42,589 - SOMEBODY ELSE DID. 475 00:18:42,622 --> 00:18:43,923 I WISH THAT I HAD HAD THE PRESENCE OF MIND 476 00:18:43,956 --> 00:18:46,659 TO STAY CALM, BUT I WAS IN SHOCK. 477 00:18:46,693 --> 00:18:49,729 - AND IT TOOK YOU FOUR DAYS TO REGAIN YOUR COMPOSURE 478 00:18:49,762 --> 00:18:51,831 AND TURN YOURSELF IN TO THE POLICE. 479 00:18:51,864 --> 00:18:53,700 - NO, I WAS IN CONTACT WITH THE POLICE 480 00:18:53,733 --> 00:18:55,268 BEFORE THE FORMALITY OF MY SURRENDER. 481 00:18:55,302 --> 00:18:56,836 - YOU WERE IN CONTACT? 482 00:18:56,869 --> 00:18:58,571 PLEASE, DESCRIBE THOSE CONTACTS. 483 00:18:58,605 --> 00:19:00,873 - MR. CUTTER, I WOULD BE HAPPY TO TELL THE GRAND JURY 484 00:19:00,907 --> 00:19:02,542 WHAT I DISCUSSED WITH THE POLICE, 485 00:19:02,575 --> 00:19:04,777 BUT THERE'S A JUDICIAL WRIT PROHIBITING ME FROM DOING SO, 486 00:19:04,811 --> 00:19:07,780 BECAUSE OF THE MISBEHAVIOR OF YOUR DETECTIVES. 487 00:19:10,750 --> 00:19:12,485 - HE COOPERATED FROM THE GET-GO. 488 00:19:12,519 --> 00:19:14,221 IT WAS THE POLICE WHO MISBEHAVED. 489 00:19:14,254 --> 00:19:15,655 I LET MYSELF GET BUSHWHACKED. 490 00:19:15,688 --> 00:19:17,290 - TWICE. 491 00:19:17,324 --> 00:19:19,259 WE GOT BUSHWHACKED TWICE. 492 00:19:19,292 --> 00:19:21,361 TANNER'S SISTER TOLD THE POLICE THAT HE NEVER 493 00:19:21,394 --> 00:19:22,862 TALKED TO HER ABOUT HIS SERVICE IN IRAQ, 494 00:19:22,895 --> 00:19:25,865 BUT SHE TESTIFIED THAT HE WITNESSED INTERROGATIONS. 495 00:19:25,898 --> 00:19:28,368 - SHE MIGHT HAVE GOTTEN THAT FROM NEWS REPORTS ON THE CASE. 496 00:19:28,401 --> 00:19:31,471 - NO, SHE SAID HE SAW PEOPLE HANGED IN A SHOWER ROOM. 497 00:19:31,504 --> 00:19:32,872 THAT WASN'T IN THE NEWS. 498 00:19:32,905 --> 00:19:35,342 [bell rings] 499 00:19:35,375 --> 00:19:38,578 - THANKS. 500 00:19:38,611 --> 00:19:39,846 NO BILL. 501 00:19:39,879 --> 00:19:41,648 GRAND JURY BOUGHT FRANKLIN'S STORY. 502 00:19:41,681 --> 00:19:44,317 - NEXT STOP, MEGAN TANNER? 503 00:19:44,351 --> 00:19:45,885 - I TOLD THE POLICE THE TRUTH. 504 00:19:45,918 --> 00:19:47,487 GREG NEVER SAID ANYTHING TO ME. 505 00:19:47,520 --> 00:19:49,789 - WELL, THEN WHERE DID YOU HEAR ABOUT THIS SHOWER ROOM? 506 00:19:49,822 --> 00:19:53,326 - MY MOM NEEDS TO KNOW THAT GREG SERVED WITH HONOR 507 00:19:53,360 --> 00:19:54,994 LIKE MY DAD. 508 00:19:55,027 --> 00:19:58,598 SHE'S VERY SICK AND... 509 00:19:58,631 --> 00:20:01,701 IF SHE EVER FOUND OUT THAT HE DID THAT, 510 00:20:01,734 --> 00:20:03,470 WELL, I DON'T THINK SHE COULD TAKE IT. 511 00:20:03,503 --> 00:20:06,506 - WHY? WHAT DID HE DO? 512 00:20:11,043 --> 00:20:14,781 - WHEN GREG WAS LIVING WITH ME, HE MADE A VIDEO DIARY. 513 00:20:14,814 --> 00:20:20,620 I FOUND IT ON MY COMPUTER AFTER HE DIED. 514 00:20:20,653 --> 00:20:24,357 - WE WALKED THE DETAINEE INTO THE SHOWER ROOM. 515 00:20:24,391 --> 00:20:27,827 HE WAS HANDCUFFED AND HE WAS WEARING A HOOD OVER HIS HEAD. 516 00:20:27,860 --> 00:20:29,796 THE INTERROGATOR TOLD US TO HANG HIM 517 00:20:29,829 --> 00:20:33,300 BY HIS WRISTS FROM THE BARS OF A WINDOW LIKE THIS 518 00:20:33,333 --> 00:20:35,502 WITH HIS HANDS BEHIND HIS BACK UP HIGH, 519 00:20:35,535 --> 00:20:37,003 SO THE GUY CAN'T KNEEL OR SIT 520 00:20:37,036 --> 00:20:39,772 AND ALL THE WEIGHT'S ON HIS ARMS AND CHEST. 521 00:20:39,806 --> 00:20:42,942 THE 'GATOR SAID THE GUY WAS AN UNLAWFUL COMBATANT 522 00:20:42,975 --> 00:20:44,577 AND UNDER THE RULES, WE COULD DO 523 00:20:44,611 --> 00:20:46,813 WHATEVER WE WANT WITH HIM. 524 00:20:46,846 --> 00:20:50,817 WE HOOKED HIM AND WE LEFT HIM WITH THE 'GATOR. 525 00:20:50,850 --> 00:20:52,919 AN HOUR LATER, 'GATOR CALLED US BACK IN 526 00:20:52,952 --> 00:20:56,823 AND HE WANTED US TO REPOSITION THE DETAINEE. 527 00:20:56,856 --> 00:20:59,726 THE DETAINEE WAS SLUMPED FORWARD. 528 00:20:59,759 --> 00:21:01,828 HIS ARMS WERE ALMOST OUT OF THEIR SOCKETS. 529 00:21:01,861 --> 00:21:04,664 HE WASN'T RESPONSIVE. 530 00:21:04,697 --> 00:21:06,799 THEN WE TOOK THE HOOD OFF OF HIS HEAD 531 00:21:06,833 --> 00:21:12,071 AND ALL THIS BLOOD POURED OUT OF HIS MOUTH. 532 00:21:12,104 --> 00:21:13,740 HE WAS-- 533 00:21:13,773 --> 00:21:17,577 HE WAS DEAD. 534 00:21:17,610 --> 00:21:19,379 AND THOSE RULES-- 535 00:21:19,412 --> 00:21:22,349 THOSE DAMN RULES WERE WRONG. 536 00:21:22,382 --> 00:21:26,886 WE HAD TO LIVE BY 'EM, AND IT MESSED US UP. 537 00:21:26,919 --> 00:21:28,988 I FOUND ONE OF THE GUYS WHO WROTE THE RULES 538 00:21:29,021 --> 00:21:31,891 HERE AT THE COLLEGE. 539 00:21:31,924 --> 00:21:35,895 I GOT TO GET RIGHT WITH THIS. 540 00:21:35,928 --> 00:21:39,699 I DIDN'T JOIN THE SERVICE TO MURDER PEOPLE. 541 00:21:45,805 --> 00:21:47,707 - CAN WE CONFIRM THIS STORY? 542 00:21:47,740 --> 00:21:50,877 - TANNER WAS STATIONED AT ABU GHRAIB IN 2003, 543 00:21:50,910 --> 00:21:53,045 AND THERE WAS A DEATH THAT FIT HIS DESCRIPTION 544 00:21:53,079 --> 00:21:54,481 IN NOVEMBER OF THAT YEAR. 545 00:21:54,514 --> 00:21:56,383 - HE TALKS ABOUT OTHER INTERROGATIONS 546 00:21:56,416 --> 00:21:58,585 HE WITNESSED IN IRAQ AND GITMO, 547 00:21:58,618 --> 00:22:01,354 ENHANCED INTERROGATIONS, WATERBOARDINGS, 548 00:22:01,388 --> 00:22:03,390 WHAT ALL KEPT HIM UP AT NIGHT. 549 00:22:03,423 --> 00:22:04,624 - MAYBE THAT'S WHAT WAS GOING THROUGH 550 00:22:04,657 --> 00:22:06,393 FRANKLIN'S MIND WHEN HE SHOT TANNER. 551 00:22:06,426 --> 00:22:07,794 MAYBE HE THOUGHT TANNER WAS THREATENING 552 00:22:07,827 --> 00:22:09,562 TO IMPLICATE HIM IN A DEATH BY TORTURE. 553 00:22:09,596 --> 00:22:11,097 - FRANKLIN WAS BUCKING FOR TENURE. 554 00:22:11,130 --> 00:22:13,500 CONTROVERSY'S THE LAST THING HE WANTED. 555 00:22:13,533 --> 00:22:15,902 NOW HE SHOT TANNER IN A PANIC, 556 00:22:15,935 --> 00:22:18,705 NOT TO DEFEND HIS LIFE, BUT TO PROTECT HIS POSITION. 557 00:22:18,738 --> 00:22:19,972 - FORGET IT. 558 00:22:20,006 --> 00:22:21,974 YOU HAD YOUR BITE AT THE GRAND JURY. 559 00:22:22,008 --> 00:22:24,877 - FRANKLIN IS GETTING AWAY WITH KILLING TANNER. 560 00:22:24,911 --> 00:22:27,680 - THIS MEMO HE WROTE FOR THE DEPARTMENT OF JUSTICE 561 00:22:27,714 --> 00:22:29,682 LAID OUT THE LEGAL ARCHITECTURE 562 00:22:29,716 --> 00:22:31,618 PERMITTING THE ABUSE OF PRISONERS. 563 00:22:31,651 --> 00:22:35,722 ABUSE THAT LED DIRECTLY TO THIS DEATH IN IRAQ. 564 00:22:35,755 --> 00:22:38,758 YOU COULD ARGUE THIS MEMO IS AN ELEMENT 565 00:22:38,791 --> 00:22:40,627 IN A CONSPIRACY TO COMMIT ASSAULT 566 00:22:40,660 --> 00:22:42,662 AND DEPRAVED INDIFFERENCE MURDER. 567 00:22:42,695 --> 00:22:44,063 - SOMEONE COULD TRY TO ARGUE IT 568 00:22:44,096 --> 00:22:45,698 IF THEY HAD JURISDICTION. 569 00:22:45,732 --> 00:22:51,103 - HAVE YOU LOOKED AT THE TIME STAMP ON THIS? 570 00:22:51,137 --> 00:22:56,543 - APRIL 10, 2003, 1 ST. ANDREWS PLAZA. 571 00:22:56,576 --> 00:23:00,079 - FRANKLIN WAS WORKING AT THE U.S. ATTORNEY'S OFFICE 572 00:23:00,112 --> 00:23:01,781 DOWNTOWN WHEN HE WROTE IT? 573 00:23:01,814 --> 00:23:06,453 - RIGHT UNDER OUR NOSES. 574 00:23:06,486 --> 00:23:08,921 IT'S THE JURISDICTIONAL NEXUS WE NEED 575 00:23:08,955 --> 00:23:10,022 TO PROSECUTE HIM. 576 00:23:10,056 --> 00:23:12,692 WE ALREADY HAVE THE TESTIMONY 577 00:23:12,725 --> 00:23:14,761 OF ONE OF HIS CO-CONSPIRATORS. 578 00:23:14,794 --> 00:23:16,763 - JACK, YOU WANT TO PROSECUTE A MEMBER 579 00:23:16,796 --> 00:23:18,631 OF THE BUSH ADMINISTRATION FOR ASSAULTING 580 00:23:18,665 --> 00:23:20,166 SUSPECTED TERRORISTS? 581 00:23:20,199 --> 00:23:24,504 - THE WORD IS "TORTURING." 582 00:23:24,537 --> 00:23:29,976 AND, YES, IT'S ABOUT TIME SOMEBODY DID. 583 00:23:30,009 --> 00:23:34,881 DRAW UP A BILL OF INDICTMENT AGAINST FRANKLIN. 584 00:23:34,914 --> 00:23:39,586 - GLADLY. 585 00:23:39,619 --> 00:23:42,021 [door opens and closes] 586 00:23:47,226 --> 00:23:48,227 - THE PEOPLE HAVE MET 587 00:23:48,260 --> 00:23:50,162 THEIR JURISDICTIONAL REQUIREMENT, MR. GRANICK. 588 00:23:50,196 --> 00:23:51,798 YOUR MOTION'S DENIED. 589 00:23:51,831 --> 00:23:54,967 - BUT, YOUR HONOR, A CONSPIRACY CHARGE 590 00:23:55,001 --> 00:23:58,004 REQUIRES AN AGREEMENT BETWEEN THE CONSPIRATORS. 591 00:23:58,037 --> 00:24:01,641 THERE IS NO AGREEMENT BETWEEN MR. TANNER AND MY CLIENT 592 00:24:01,674 --> 00:24:04,143 TO ASSAULT PRISONERS IN 2003. 593 00:24:04,176 --> 00:24:05,945 - THE AGREEMENT IS MANIFEST BY THE FACT 594 00:24:05,978 --> 00:24:08,481 THAT THE RECOMMENDATIONS IN MR. FRANKLIN'S MEMO 595 00:24:08,515 --> 00:24:09,549 WERE CONVEYED BY INTERMEDIARIES 596 00:24:09,582 --> 00:24:12,852 TO MR. TANNER IN THE FIELD AND AGREED TO BY HIM. 597 00:24:12,885 --> 00:24:15,855 - THEY HAVEN'T CONNECTED THE DOTS. 598 00:24:15,888 --> 00:24:17,757 THOSE INTERMEDIARIES SHOULD BE NAMED 599 00:24:17,790 --> 00:24:19,626 IN THE INDICTMENT AS CO-CONSPIRATORS 600 00:24:19,659 --> 00:24:24,697 OR THE CHARGE IS LEGALLY INSUFFICIENT. 601 00:24:24,731 --> 00:24:26,733 - FRANKLIN'S DARING US TO INDICT 602 00:24:26,766 --> 00:24:28,668 THE WHOLE CHAIN OF COMMAND. 603 00:24:28,701 --> 00:24:30,703 - HAVE YOU ACTUALLY READ FRANKLIN'S MEMO? 604 00:24:30,737 --> 00:24:33,773 - COVER TO COVER? NO, NOT YET. 605 00:24:33,806 --> 00:24:36,275 - READ HIS ADVICE TO ANYONE WORRIED 606 00:24:36,308 --> 00:24:38,210 ABOUT BEING CHARGED WITH TORTURE. 607 00:24:38,244 --> 00:24:40,547 - "IF A DEFENDANT HAS A GOOD FAITH BELIEF 608 00:24:40,580 --> 00:24:42,048 "THAT HIS ACTIONS WILL NOT RESULT 609 00:24:42,081 --> 00:24:44,016 "IN PROLONGED MENTAL HARM, 610 00:24:44,050 --> 00:24:47,219 "HE LACKS THE SPECIFIC INTENT NECESSARY 611 00:24:47,253 --> 00:24:50,056 "FOR HIS ACTIONS TO CONSTITUTE TORTURE. 612 00:24:50,089 --> 00:24:52,692 "A DEFENDANT COULD SHOW THAT HE ACTED IN GOOD FAITH 613 00:24:52,725 --> 00:24:55,695 "BY SURVEYING THE PROFESSIONAL LITERATURE 614 00:24:55,728 --> 00:24:57,797 "OR CONSULTING WITH EXPERTS. 615 00:24:57,830 --> 00:25:01,934 GOOD FAITH IS A COMPLETE DEFENSE TO A CHARGE OF TORTURE." 616 00:25:01,968 --> 00:25:05,772 - HE'S TELLING THE INTERROGATORS HOW TO CIRCUMVENT THE LAW. 617 00:25:05,805 --> 00:25:07,907 - JUST REMEMBER, KIDS, IF YOU'RE GOING TO TORTURE, 618 00:25:07,940 --> 00:25:09,208 READ A BOOK FIRST. 619 00:25:09,241 --> 00:25:12,545 THEY WANT CO-CONSPIRATORS? 620 00:25:12,579 --> 00:25:16,816 I'LL GIVE THEM CO-CONSPIRATORS. 621 00:25:16,849 --> 00:25:18,918 - THE JOINT CHIEFS OF STAFF? 622 00:25:18,951 --> 00:25:20,787 FORMER SECRETARY OF DEFENSE? 623 00:25:20,820 --> 00:25:22,855 VICE PRESIDENT CHENEY? 624 00:25:22,889 --> 00:25:25,157 IN FOR A PENNY, IN FOR A POUND, MR. CUTTER. 625 00:25:25,191 --> 00:25:27,560 - THE INDICTMENTS ARE BEING SERVED AS WE SPEAK, YOUR HONOR. 626 00:25:27,594 --> 00:25:29,996 MR. FRANKLIN CAN CONSIDER THE DOTS CONNECTED. 627 00:25:30,029 --> 00:25:31,263 - IT'S ABSURD. 628 00:25:31,297 --> 00:25:32,565 MR. CUTTER IS MAKING A MOCKERY 629 00:25:32,599 --> 00:25:34,300 OF THE CONSPIRACY STATUTES. 630 00:25:34,333 --> 00:25:36,135 - IT'S CLEAR WHO'S BEHIND THIS. 631 00:25:36,168 --> 00:25:38,037 JACK MCCOY OBVIOUSLY TOOK EXCEPTION 632 00:25:38,070 --> 00:25:40,039 TO MY BOSS'S CONDUCT OF THE WAR ON TERROR, 633 00:25:40,072 --> 00:25:41,974 AND NOW HE'S POLITICIZING THIS PROSECUTION. 634 00:25:42,008 --> 00:25:43,876 - IF MR. FRANKLIN IS AFRAID A TRIAL 635 00:25:43,910 --> 00:25:45,778 MIGHT EMBARRASS HIS FORMER COLLEAGUES, 636 00:25:45,812 --> 00:25:48,080 HE'S ALWAYS WELCOME TO TAKE A PLEA. 637 00:25:48,114 --> 00:25:50,783 - I SEE NO REASON FOR THIS INDICTMENT NOT TO PROCEED. 638 00:25:50,817 --> 00:25:55,054 SEE YOU ALL AT TRIAL. 639 00:25:55,087 --> 00:25:56,188 - SO FAR, SO GOOD. 640 00:25:56,222 --> 00:25:57,790 - THIS WAS NOTHING. 641 00:25:57,824 --> 00:25:59,091 THE REAL HAILSTORM'S GONNA COME 642 00:25:59,125 --> 00:26:00,359 WHEN THOSE INDICTMENTS START LANDING 643 00:26:00,392 --> 00:26:01,961 ON THE CO-CONSPIRATOR'S DESKS. 644 00:26:01,994 --> 00:26:03,763 - OUR CLIENT SENT US HERE HOPING 645 00:26:03,796 --> 00:26:05,364 WE CAN TALK SOME SENSE INTO YOU, MR. MCCOY. 646 00:26:05,397 --> 00:26:07,834 - YOU WOULDN'T BE THE FIRST TO TRY. 647 00:26:07,867 --> 00:26:10,169 - YOU'RE GOING TO SPARK A CONSTITUTIONAL CRISIS 648 00:26:10,202 --> 00:26:11,370 AND THAT'S NO THREAT. 649 00:26:11,403 --> 00:26:13,840 IS THAT REALLY THE VALEDICTION YOU WANT FOR YOUR CAREER? 650 00:26:13,873 --> 00:26:16,108 - YOU LET ME WORRY ABOUT MY CAREER. 651 00:26:16,142 --> 00:26:19,145 AND NOW, UNLESS YOU'RE ALL HERE TO TALK ABOUT A PLEA, 652 00:26:19,178 --> 00:26:20,246 THERE'S THE DOOR. 653 00:26:20,279 --> 00:26:21,981 - A PLEA? 654 00:26:22,014 --> 00:26:23,850 YOU ACTUALLY BELIEVE THAT YOU, A COUNTY D.A., 655 00:26:23,883 --> 00:26:25,217 CAN PROSECUTE A FORMER VICE PRESIDENT, 656 00:26:25,251 --> 00:26:27,153 CABINET MEMBERS FOR THEIR CONDUCT OF A WAR 657 00:26:27,186 --> 00:26:28,788 ON FOREIGN SOIL? 658 00:26:28,821 --> 00:26:31,791 - I PROSECUTED A CHILEAN COLONEL FOR THE MURDER 659 00:26:31,824 --> 00:26:33,826 OF A U.S. CITIZEN IN SANTIAGO. 660 00:26:33,860 --> 00:26:35,728 SO GOVERNMENT OFFICIALS WHO TORTURE PRISONERS 661 00:26:35,762 --> 00:26:38,798 ON AMERICAN MILITARY BASES? 662 00:26:38,831 --> 00:26:40,633 SURE. WHY NOT? 663 00:26:40,667 --> 00:26:42,669 - THIS IS WHY NOT. 664 00:26:57,049 --> 00:26:59,218 THIS IS JUST THE BEGINNING. 665 00:26:59,251 --> 00:27:01,754 WE'LL KEEP CHURNING THEM OUT UNTIL YOUR OFFICE 666 00:27:01,788 --> 00:27:03,890 IS DROWNING IN MOTIONS. 667 00:27:08,194 --> 00:27:09,962 - MOTIONS FOR CHANGE OF VENUE. 668 00:27:09,996 --> 00:27:12,164 MOTIONS TO DISMISS, TO SUPPRESS. 669 00:27:12,198 --> 00:27:13,833 TRIAL STARTS NEXT WEEK. 670 00:27:13,866 --> 00:27:16,368 WE'LL BE LUCKY TO GET THROUGH JUST ONE OF THESE BRICKS. 671 00:27:16,402 --> 00:27:19,238 - STRAWN DOESN'T REPRESENT EVERYBODY. 672 00:27:19,271 --> 00:27:20,940 WE'LL SEVER THE TRIALS. 673 00:27:20,973 --> 00:27:24,043 WE'LL TRY FRANKLIN AND HIS ASSOCIATES FIRST. 674 00:27:24,076 --> 00:27:27,880 WE CONVICT THEM, THEN MOVE UP THE CHAIN OF COMMAND. 675 00:27:27,914 --> 00:27:30,249 CONNIE, ASSEMBLE A TEAM. 676 00:27:30,282 --> 00:27:32,885 GET THEM WORKING ON STRAWN'S MOTIONS. 677 00:27:42,428 --> 00:27:44,396 - CARDS ON THE TABLE, JACK. 678 00:27:44,430 --> 00:27:46,833 I THINK WE BIT OFF MORE THAN WE CAN CHEW, 679 00:27:46,866 --> 00:27:49,836 AND I'M NOT EVEN CONVINCED OF OUR LEGAL STANDING. 680 00:27:49,869 --> 00:27:51,871 - I KNOW. 681 00:27:51,904 --> 00:27:54,106 YOU VALUE LEGALITIES OVER ETHICS, 682 00:27:54,140 --> 00:27:57,143 BUT SOMETIMES DOING WHAT'S ETHICAL IS MORE IMPORTANT. 683 00:27:57,176 --> 00:27:58,845 - YOU CAN INSULT ME ALL YOU WANT, JACK, 684 00:27:58,878 --> 00:28:00,279 BUT MAYBE THE ETHICAL THING TO DO HERE 685 00:28:00,312 --> 00:28:02,248 IS TO SAVE AMERICAN LIVES. 686 00:28:02,281 --> 00:28:04,784 WE'RE AT WAR WITH PEOPLE WHO'VE SWORN TO KILL US 687 00:28:04,817 --> 00:28:06,118 FOR WHO WE ARE. 688 00:28:06,152 --> 00:28:08,187 IT DOESN'T MATTER IF IT'S CIVILIANS, WOMEN, 689 00:28:08,220 --> 00:28:10,957 CHILDREN, AS LONG AS THEY KILL AMERICANS. 690 00:28:10,990 --> 00:28:13,225 AND IF WE HAVE TO USE FORCE TO EXTRACT 691 00:28:13,259 --> 00:28:15,327 THE INFORMATION WE NEED TO PROTECT OURSELVES, 692 00:28:15,361 --> 00:28:18,130 WELL, THEN MAYBE THAT'S THE RIGHT THING TO DO. 693 00:28:18,164 --> 00:28:20,166 - I SEE. 694 00:28:24,804 --> 00:28:29,441 MAYBE I SHOULD FIND SOMEBODY ELSE TO PROSECUTE FRANKLIN. 695 00:28:29,475 --> 00:28:30,877 - OH, NO. 696 00:28:30,910 --> 00:28:33,913 YOU CAN COUNT ON MY OBSESSION WITH LEGALITIES. 697 00:28:33,946 --> 00:28:37,283 IF THERE'S A WAY TO PROVE THAT FRANKLIN BROKE THE LAW, 698 00:28:37,316 --> 00:28:39,318 I'M YOUR MAN. 699 00:28:43,522 --> 00:28:45,858 - IT'S CALLED A PALESTINIAN HANGING. 700 00:28:45,892 --> 00:28:47,359 IT'S HOW THE NORTH VIETNAMESE TORTURED 701 00:28:47,393 --> 00:28:50,296 SENATOR JOHN MCCAIN WHEN HE WAS A P.O.W. 702 00:28:50,329 --> 00:28:52,832 IT'S ONE OF THE STRESS POSITIONS SANCTIONED 703 00:28:52,865 --> 00:28:54,400 BY MR. FRANKLIN'S MEMO. 704 00:28:54,433 --> 00:28:56,535 - WHAT OTHER HARSH TECHNIQUES ARE SANCTIONED 705 00:28:56,568 --> 00:28:58,871 BY MR. FRANKLIN'S MEMO? 706 00:28:58,905 --> 00:29:00,372 - THE MOST WELL KNOWN IS WATERBOARDING, 707 00:29:00,406 --> 00:29:04,143 WHERE A DETAINEE IS HELD DOWN, A CLOTH IS PLACED OVER HIS FACE, 708 00:29:04,176 --> 00:29:06,078 AND WATER IS POURED OVER HIS MOUTH AND NOSE 709 00:29:06,112 --> 00:29:07,513 TO SIMULATE DROWNING. 710 00:29:07,546 --> 00:29:09,248 - AND WHO, IF ANYONE, BESIDES THE U.S. MILITARY 711 00:29:09,281 --> 00:29:12,251 HAS USED THIS INTERROGATION TECHNIQUE? 712 00:29:12,284 --> 00:29:13,986 - THE SPANISH INQUISITION. 713 00:29:14,020 --> 00:29:16,856 AND AFTER THE SECOND WORLD WAR, WE CONVICTED 714 00:29:16,889 --> 00:29:19,125 JAPANESE OFFICERS OF WAR CRIMES 715 00:29:19,158 --> 00:29:21,360 FOR WATERBOARDING OUR P.O.W.s. 716 00:29:21,393 --> 00:29:24,496 - NOW YOU TOLD US THAT DURING YOUR CAREER IN THE MILITARY, 717 00:29:24,530 --> 00:29:28,868 YOU PARTICIPATED IN OVER A THOUSAND INTERROGATIONS. 718 00:29:28,901 --> 00:29:31,804 DID YOU EVER USE ANY OF THESE HARSH TECHNIQUES? 719 00:29:31,838 --> 00:29:32,905 - NO, SIR. 720 00:29:32,939 --> 00:29:35,374 WE TOOK DOWN TERROR NETWORKS WITH TOOLS LIKE RESPECT, 721 00:29:35,407 --> 00:29:37,343 RAPPORT, CUNNING, AND DECEPTION. 722 00:29:37,376 --> 00:29:40,312 - NOT THE TECHNIQUES IN THIS MEMO? 723 00:29:40,346 --> 00:29:43,983 - BESIDES THE FACT I HAVE A MORAL PROBLEM WITH TORTURE, 724 00:29:44,016 --> 00:29:45,417 IT DOESN'T WORK, SIR. 725 00:29:45,451 --> 00:29:47,887 IN FACT, IT WORKS AGAINST US. 726 00:29:47,920 --> 00:29:51,991 IT'S HYPOCRITICAL TO DEFEND OUR VALUES WITH TORTURE. 727 00:29:52,024 --> 00:29:54,293 THAT HYPOCRISY IS THE BEST RECRUITING TOOL 728 00:29:54,326 --> 00:29:56,195 YOU CAN GIVE TO THE TERRORISTS. 729 00:29:56,228 --> 00:29:58,364 - THANK YOU. 730 00:30:01,300 --> 00:30:03,836 - I WANT TO BE CLEAR, MR. GARDNER. 731 00:30:03,870 --> 00:30:06,405 IF YOU HAD A TERRORIST WHO YOU BELIEVED 732 00:30:06,438 --> 00:30:09,108 HAD INFORMATION ABOUT A DIRTY BOMB 733 00:30:09,141 --> 00:30:12,378 SET TO GO OFF IN THIS CITY WITHIN 24 HOURS, 734 00:30:12,411 --> 00:30:16,015 YOU WOULDN'T AVAIL YOURSELF OF EVERY POSSIBLE TECHNIQUE 735 00:30:16,048 --> 00:30:18,017 TO EXTRACT INFORMATION FROM HIM? 736 00:30:18,050 --> 00:30:21,053 - A MAN IN SEVERE PAIN OR MENTAL ANGUISH 737 00:30:21,087 --> 00:30:23,322 WILL SAY ANYTHING TO MAKE IT STOP. 738 00:30:23,355 --> 00:30:26,558 IF YOU ONLY HAVE 24 HOURS, THE LAST THING YOU WANT TO DO 739 00:30:26,592 --> 00:30:28,427 IS WASTE TIME CHASING DOWN FALSE LEADS. 740 00:30:28,460 --> 00:30:30,296 TORTURE JUST DOESN'T WORK. 741 00:30:30,329 --> 00:30:32,932 - NO ONE HERE'S ADVOCATING TORTURE, MR. GARDNER. 742 00:30:32,965 --> 00:30:34,400 WE'RE TALKING ABOUT HARSH TECHNIQUES. 743 00:30:34,433 --> 00:30:35,467 - I KNOW WHAT WE'RE TALKING ABOUT, SIR. 744 00:30:35,501 --> 00:30:39,071 I DON'T NEED A MEMO TO TELL ME WHAT TORTURE IS. 745 00:30:41,640 --> 00:30:44,410 - JACK? 746 00:30:44,443 --> 00:30:46,512 - DAVID? WHAT A NICE SURPRISE. 747 00:30:46,545 --> 00:30:48,414 COME WITH ME. I'M TAKING THE STAIRS. 748 00:30:48,447 --> 00:30:50,282 I NEED THE EXERCISE. 749 00:30:50,316 --> 00:30:52,618 SO DO YOU, KID. 750 00:30:52,651 --> 00:30:54,353 HOW ARE THEY TREATING YOU IN WASHINGTON? 751 00:30:54,386 --> 00:30:55,521 - GOOD. 752 00:30:55,554 --> 00:30:56,655 THE ATTORNEY GENERAL'S NO JACK MCCOY, 753 00:30:56,688 --> 00:30:58,024 BUT I'M LEARNING A LOT. 754 00:30:58,057 --> 00:30:59,225 JACK, THEY SENT ME HERE 755 00:30:59,258 --> 00:31:00,993 TO TALK TO YOU ABOUT THE FRANKLIN CASE. 756 00:31:01,027 --> 00:31:02,294 THEY WANT YOU TO CALL IT OFF. 757 00:31:02,328 --> 00:31:04,130 - THE JURY'S EMPANELLED, JEOPARDY'S ATTACHED. 758 00:31:04,163 --> 00:31:05,364 - THEY DON'T CARE. 759 00:31:05,397 --> 00:31:07,199 THEY WANT THE CHARGES DISMISSED AGAINST ALL THE DEFENDANTS. 760 00:31:07,233 --> 00:31:08,634 - I DON'T GET IT. 761 00:31:08,667 --> 00:31:10,402 THE NEW ADMINISTRATION DOESN'T HAVE A DOG IN THIS FIGHT. 762 00:31:10,436 --> 00:31:12,538 - WE CAN'T LET STATE PROSECUTORS TRY TO HOLD 763 00:31:12,571 --> 00:31:14,974 FEDERAL OFFICIALS ACCOUNTABLE FOR THEIR CONDUCT OF A WAR. 764 00:31:15,007 --> 00:31:16,242 IT'S A BAD PRECEDENT. 765 00:31:16,275 --> 00:31:17,910 IN ANY EVENT, THE ATTORNEY GENERAL'S 766 00:31:17,944 --> 00:31:20,246 NAMING A SPECIAL PROSECUTOR TO INVESTIGATE TORTURE CLAIMS. 767 00:31:20,279 --> 00:31:22,014 - I HEARD. TO GO AFTER THE SMALL FRY, 768 00:31:22,048 --> 00:31:23,649 A COUPLE OF THUGS IN THE FIELD. 769 00:31:23,682 --> 00:31:26,318 WHAT ABOUT THE POLICY-MAKERS, THE DECIDERS? 770 00:31:26,352 --> 00:31:27,619 RIGHT. 771 00:31:27,653 --> 00:31:30,022 THEY GET A FREE PASS, BECAUSE IF YOU GO AFTER 772 00:31:30,056 --> 00:31:32,124 THE PREVIOUS ADMINISTRATION'S DIRTY LAUNDRY, 773 00:31:32,158 --> 00:31:34,026 THE NEXT ADMINISTRATION WILL GO AFTER YOURS. 774 00:31:34,060 --> 00:31:36,128 THAT'S THE PRECEDENT YOU DON'T WANT TO SET! 775 00:31:36,162 --> 00:31:38,464 - IT'S JUST POLITICS, JACK. 776 00:31:38,497 --> 00:31:40,666 - I DON'T KNOW WHAT YOU'RE LEARNING OVER THERE, DAVID, 777 00:31:40,699 --> 00:31:43,035 BUT YOU'VE FORGOTTEN EVERYTHING YOU LEARNED HERE. 778 00:31:43,069 --> 00:31:46,338 TELL THE ATTORNEY GENERAL NO DEAL. 779 00:31:51,443 --> 00:31:54,113 - INFORMATION IS PERHAPS THE MOST CRITICAL WEAPON 780 00:31:54,146 --> 00:31:55,714 FOR DEFEATING THE TERRORIST THREAT. 781 00:31:55,747 --> 00:31:58,217 OUR SUCCESS RESTS ON OUR ABILITY TO EXTRACT 782 00:31:58,250 --> 00:31:59,685 THAT INFORMATION. 783 00:31:59,718 --> 00:32:01,453 I WAS ASKED TO ADVISE THE DEFENSE DEPARTMENT 784 00:32:01,487 --> 00:32:03,956 AS TO THE LEGAL STANDARDS GOVERNING THE INTERROGATION 785 00:32:03,990 --> 00:32:04,957 OF TERRORIST SUSPECTS. 786 00:32:04,991 --> 00:32:06,692 I PUT MY FINDINGS IN A MEMO 787 00:32:06,725 --> 00:32:08,427 AND SENT IT ON TO THE RELEVANT PARTIES. 788 00:32:08,460 --> 00:32:12,264 - THANK YOU. 789 00:32:12,298 --> 00:32:14,333 - MR. FRANKLIN, ISN'T IT FAIR 790 00:32:14,366 --> 00:32:16,969 TO CHARACTERIZE THE LEGAL STANDARDS YOU SET 791 00:32:17,003 --> 00:32:19,205 GOVERNING THE INTERROGATIONS OF SUSPECTS 792 00:32:19,238 --> 00:32:22,341 AS "ANYTHING GOES," SO LONG AS THE PRESIDENT ORDERS IT? 793 00:32:22,374 --> 00:32:25,177 AND IN HIS CAPACITY AS COMMANDER-IN-CHIEF 794 00:32:25,211 --> 00:32:27,479 IN A TIME OF WAR, HE HAS THE AUTHORITY 795 00:32:27,513 --> 00:32:30,316 TO ISSUE ANY ORDER HE DEEMS APPROPRIATE? 796 00:32:30,349 --> 00:32:32,418 - WELL, THE PRESIDENT CAN'T BREAK THE LAW. 797 00:32:32,451 --> 00:32:35,287 - WELL, ACCORDING TO YOUR MEMO, WHAT LAW IS THE PRESIDENT 798 00:32:35,321 --> 00:32:37,756 BOUND BY IN THE WAR ON TERROR? 799 00:32:37,789 --> 00:32:39,992 THE GENEVA AND HAGUE CONVENTIONS? 800 00:32:40,026 --> 00:32:41,393 - NOT APPLICABLE BECAUSE THE TERRORIST DETAINEES 801 00:32:41,427 --> 00:32:42,528 ARE ILLEGAL COMBATANTS. 802 00:32:42,561 --> 00:32:45,264 - WELL, THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT? 803 00:32:45,297 --> 00:32:47,766 - NOT APPLICABLE TO ALIEN ENEMY COMBATANTS HELD ABROAD. 804 00:32:47,799 --> 00:32:51,003 - THE EIGHTH AMENDMENT BAN ON CRUEL AND UNUSUAL PUNISHMENT? 805 00:32:51,037 --> 00:32:52,504 - NOT APPLICABLE BECAUSE HARSH INTERROGATIONS 806 00:32:52,538 --> 00:32:53,672 ARE NOT PUNISHMENT. 807 00:32:53,705 --> 00:32:55,574 - SO YOU ARE SAYING, IN WAR, 808 00:32:55,607 --> 00:32:58,244 THE PRESIDENT IS BOUND BY NO LAWS? 809 00:32:58,277 --> 00:33:00,146 - YES, IN WAR. 810 00:33:00,179 --> 00:33:02,548 - SO IF HE DEEMS HE'S GOT TO TORTURE SOMEBODY, 811 00:33:02,581 --> 00:33:05,551 FOR EXAMPLE, BY CRUSHING THE TESTICLES 812 00:33:05,584 --> 00:33:06,785 OF THAT PERSON'S CHILD, 813 00:33:06,818 --> 00:33:11,557 YOUR MEMO SAYS THERE IS NO LAW, NO TREATY THAT CAN STOP HIM? 814 00:33:11,590 --> 00:33:14,493 - WELL, IT WOULD DEPEND ON WHY THE PRESIDENT 815 00:33:14,526 --> 00:33:18,097 THINKS HE NEEDS TO DO THAT. 816 00:33:18,130 --> 00:33:22,134 - [clears throat] 817 00:33:22,168 --> 00:33:24,703 NOW, YOUR MEMO JUSTIFIES THESE ACTIONS 818 00:33:24,736 --> 00:33:27,739 BECAUSE THE DETAINEES ARE NOT REGULAR SOLDIERS 819 00:33:27,773 --> 00:33:30,742 IN A NATIONAL ARMY AS WE UNDERSTAND IT, CORRECT? 820 00:33:30,776 --> 00:33:32,244 - CORRECT. 821 00:33:32,278 --> 00:33:33,279 UNLAWFUL ENEMY COMBATANTS ARE NOT ENTITLED 822 00:33:33,312 --> 00:33:34,546 TO THE USUAL PROTECTIONS. 823 00:33:34,580 --> 00:33:36,515 - IS IT TOO MUCH TO ASSUME THEY'D BE PROTECTED 824 00:33:36,548 --> 00:33:38,717 BY OUR OWN SENSE OF DECENCY? 825 00:33:38,750 --> 00:33:40,819 - THAT'S NOT THE TASK I WAS GIVEN, MR. CUTTER. 826 00:33:40,852 --> 00:33:43,522 MY MEMO ADDRESSED LEGAL, NOT ETHICAL, STANDARDS. 827 00:33:43,555 --> 00:33:46,625 - NOW, YOUR MEMO SAYS THAT, "HISTORICALLY, NATIONS 828 00:33:46,658 --> 00:33:49,161 "AND THEIR SOVEREIGNS HAVE BEEN FREE TO TREAT 829 00:33:49,195 --> 00:33:51,297 UNLAWFUL COMBATANTS AS THEY WISH." 830 00:33:51,330 --> 00:33:53,499 COULD YOU PLEASE GIVE US SUCH A HISTORICAL EXAMPLE? 831 00:33:53,532 --> 00:33:56,435 - WELL... 832 00:33:56,468 --> 00:33:58,237 OFF THE TOP OF MY HEAD-- 833 00:33:58,270 --> 00:34:01,273 - WHAT ABOUT THIS EXAMPLE? 834 00:34:01,307 --> 00:34:04,376 THE SUMMARY EXECUTION OF A VIETCONG GUERILLA 835 00:34:04,410 --> 00:34:06,445 BY A SOUTH VIETNAMESE GENERAL. 836 00:34:06,478 --> 00:34:08,280 OR THIS. 837 00:34:08,314 --> 00:34:11,350 THE TORTURE AND MURDER OF POLISH RESISTANCE FIGHTERS 838 00:34:11,383 --> 00:34:12,518 BY THE GERMAN ARMY. 839 00:34:12,551 --> 00:34:15,154 IS THIS THE HISTORICAL RIGHT YOU SAY 840 00:34:15,187 --> 00:34:17,089 THE PRESIDENT SHOULD AVAIL HIMSELF OF? 841 00:34:17,123 --> 00:34:19,825 - I DIDN'T INVENT THE RIGHT OF SOVEREIGNS, MR. CUTTER. 842 00:34:19,858 --> 00:34:21,793 I SIMPLY DEFINED IT. 843 00:34:21,827 --> 00:34:24,330 - THE RIGHT TO DO WHAT THEY WANT WITH UNLAWFUL COMBATANTS? 844 00:34:24,363 --> 00:34:25,831 - YES. 845 00:34:25,864 --> 00:34:28,434 - UNLAWFUL COMBATANTS LIKE THE AMERICAN MILITIA 846 00:34:28,467 --> 00:34:30,736 AFTER KING GEORGE DECLARED THEM REBELS? 847 00:34:30,769 --> 00:34:32,338 - YES, LIKE THAT. 848 00:34:32,371 --> 00:34:34,706 - SO YOU WOULD DEFEND THE BRUTAL TREATMENT 849 00:34:34,740 --> 00:34:36,808 OF AMERICAN PRISONERS BY THE BRITISH 850 00:34:36,842 --> 00:34:38,777 DURING THE REVOLUTIONARY WAR? 851 00:34:38,810 --> 00:34:41,213 - FROM A LEGAL STANDPOINT? YES. 852 00:34:41,247 --> 00:34:44,383 - MR. FRANKLIN, WHAT IS IT ABOUT THIS COUNTRY 853 00:34:44,416 --> 00:34:46,885 THAT YOU DON'T GET? 854 00:34:46,918 --> 00:34:48,820 WITHDRAWN. 855 00:34:48,854 --> 00:34:51,857 NO MORE QUESTIONS. 856 00:35:01,567 --> 00:35:03,769 THERE WAS A STATE SENATOR ON JUST NOW 857 00:35:03,802 --> 00:35:08,574 CALLING FOR YOUR REMOVAL AS D.A. 858 00:35:08,607 --> 00:35:11,277 - YOU KNOW, THAT DAY, EIGHT YEARS AGO, 859 00:35:11,310 --> 00:35:14,280 WE COULD SEE THE TOWERS BURN FROM ADAM'S WINDOW. 860 00:35:14,313 --> 00:35:18,517 - I REMEMBER. 861 00:35:18,550 --> 00:35:20,852 - PART OF ME SAYS, "I DON'T CARE WHAT YOU DO 862 00:35:20,886 --> 00:35:22,254 "TO THESE DETAINEES. 863 00:35:22,288 --> 00:35:23,655 "I DON'T WANT TO KNOW. 864 00:35:23,689 --> 00:35:25,291 JUST PROTECT US." 865 00:35:25,324 --> 00:35:29,328 - THE PROBLEM IS NOW WE DO KNOW. 866 00:35:29,361 --> 00:35:33,265 - YEAH, AND I'M NOT SURE THAT MAKES A DIFFERENCE. 867 00:35:33,299 --> 00:35:35,301 [knock on door] 868 00:35:43,309 --> 00:35:47,913 - WE'RE WANTED IN FEDERAL COURT TOMORROW. 869 00:35:47,946 --> 00:35:49,581 - THE ATTORNEY GENERAL IS ASKING THE COURT 870 00:35:49,615 --> 00:35:51,250 TO ISSUE AN ORDER STAYING THE DISTRICT ATTORNEY'S 871 00:35:51,283 --> 00:35:53,485 PROSECUTION OF MR. FRANKLIN AND THE OTHER DEFENDANTS. 872 00:35:53,519 --> 00:35:56,188 - THEY CAN'T JUST STEP IN AND STOP THE TRIAL. 873 00:35:56,222 --> 00:35:57,723 - UNDER THE SUPREMACY CLAUSE OF THE CONSTITUTION, 874 00:35:57,756 --> 00:36:00,392 ACTIONS TAKEN BY FEDERAL OFFICIALS IN PURSUIT 875 00:36:00,426 --> 00:36:02,861 OF FOREIGN POLICY ARE NOT GRIST FOR STATE PROSECUTIONS. 876 00:36:02,894 --> 00:36:06,332 - IF THOSE ACTIONS ARE ILLEGAL, AS TORTURE CLEARLY IS, 877 00:36:06,365 --> 00:36:08,567 THERE'S NO OVERRIDING FEDERAL INTEREST 878 00:36:08,600 --> 00:36:11,737 IN SHIELDING THOSE WHO ENABLED SUCH ACTIONS. 879 00:36:11,770 --> 00:36:13,705 - ALL RIGHT, GENTLEMEN, I'LL TAKE THE MOTION 880 00:36:13,739 --> 00:36:14,940 UNDER ADVISEMENT. 881 00:36:14,973 --> 00:36:16,675 I'LL ISSUE MY RULING BY THE END OF THE DAY. 882 00:36:16,708 --> 00:36:19,578 IN THE MEANTIME, THE STATE TRIAL CAN PROCEED. 883 00:36:26,252 --> 00:36:27,919 - I NEVER EXPECTED THIS OF YOU. 884 00:36:27,953 --> 00:36:29,988 - YOU'RE WAY OFF THE RESERVATION, JACK. 885 00:36:30,021 --> 00:36:31,257 - DAMN IT, DAVID. 886 00:36:31,290 --> 00:36:33,725 I'M TRYING TO SAVE THE RESERVATION. 887 00:36:33,759 --> 00:36:34,926 - WE'RE LOOKING FORWARD, NOT BACKWARD. 888 00:36:34,960 --> 00:36:40,366 WE'RE NOT LOOKING TO GIVE AID AND COMFORT TO THE ENEMY. 889 00:36:40,399 --> 00:36:43,635 - WHAT ARE YOU ACCUSING ME OF? 890 00:36:43,669 --> 00:36:45,671 - [sighs] 891 00:36:57,616 --> 00:37:00,886 - MY CLIENT NEVER TORTURED ANYBODY. 892 00:37:00,919 --> 00:37:03,755 HE NEVER ORDERED ANOTHER OR CONSPIRED WITH OTHERS 893 00:37:03,789 --> 00:37:05,991 TO COMMIT TORTURE. 894 00:37:06,024 --> 00:37:08,560 AS A MEMBER OF THE OFFICE OF LEGAL COUNSEL 895 00:37:08,594 --> 00:37:10,996 OF THE DEPARTMENT OF JUSTICE AND IN SERVICE 896 00:37:11,029 --> 00:37:13,332 TO HIS COMMANDER-IN-CHIEF, HE WAS ASKED 897 00:37:13,365 --> 00:37:15,000 TO GIVE A LEGAL OPINION. 898 00:37:15,033 --> 00:37:18,637 MIGHT NOT BE THE MOST BRILLIANT OPINION EVER WRITTEN, 899 00:37:18,670 --> 00:37:21,640 BUT IN THE END, IT'S JUST THAT. 900 00:37:21,673 --> 00:37:23,975 A LEGAL OPINION. 901 00:37:24,009 --> 00:37:27,313 WHETHER OR NOT WE AGREE ON THE CONDUCT 902 00:37:27,346 --> 00:37:31,016 OF THE WAR ON TERROR, WE CAN ALL STILL AGREE 903 00:37:31,049 --> 00:37:34,986 THAT IN THIS COUNTRY YOU HAVE TO ACTUALLY 904 00:37:35,020 --> 00:37:38,990 COMMIT A CRIME TO BE CONVICTED OF ONE. 905 00:37:39,024 --> 00:37:41,393 THANK YOU. 906 00:37:44,763 --> 00:37:48,734 - THIS IS NO SIMPLE LEGAL OPINION, LADIES AND GENTLEMEN. 907 00:37:48,767 --> 00:37:51,403 THIS IS AN INSTRUCTION ON HOW TO COMMIT A CRIME 908 00:37:51,437 --> 00:37:52,938 AND AVOID PROSECUTION. 909 00:37:52,971 --> 00:37:57,576 A SURGICAL PARSING OF WORDS TO DRAW HAIR-SPLITTING DISTINCTIONS 910 00:37:57,609 --> 00:38:01,413 BETWEEN SEVERE PAIN AND EXTREME PAIN. 911 00:38:01,447 --> 00:38:03,915 THE CREATION OF A SPECIAL CLASS OF PRISONERS 912 00:38:03,949 --> 00:38:05,917 WHO ARE FAIR GAME FOR ANY SUFFERING 913 00:38:05,951 --> 00:38:07,553 WE MIGHT SUBJECT THEM TO. 914 00:38:07,586 --> 00:38:09,955 THIS IS THE LEGAL GREASE 915 00:38:09,988 --> 00:38:12,324 THAT ENABLED THE CONSPIRATORS TO COMMIT ACTS 916 00:38:12,358 --> 00:38:14,760 THAT ARE IMMORAL AND ILLEGAL. 917 00:38:14,793 --> 00:38:18,029 HANGING PRISONERS BY THEIR WRISTS 918 00:38:18,063 --> 00:38:21,533 UNTIL THEIR LUNGS COLLAPSE AGAINST THEIR RIBS. 919 00:38:21,567 --> 00:38:26,905 WATERBOARDING ONE DETAINEE OVER 180 TIMES. 920 00:38:30,576 --> 00:38:32,911 NOW MR. FRANKLIN'S DEFENSE IS THAT HE WAS 921 00:38:32,944 --> 00:38:35,647 JUST FOLLOWING ORDERS AS A MERE LAWYER 922 00:38:35,681 --> 00:38:37,616 IN THE JUSTICE DEPARTMENT. 923 00:38:37,649 --> 00:38:39,618 WELL, LIKE ALL LAWYERS, 924 00:38:39,651 --> 00:38:41,720 HE WAS EMPLOYED AS THE LAST 925 00:38:41,753 --> 00:38:44,790 AND BEST DEFENSE AGAINST INJUSTICE, 926 00:38:44,823 --> 00:38:48,360 TO USE THE LAW AS A SHIELD TO PROTECT PEOPLE. 927 00:38:48,394 --> 00:38:52,631 BUT INSTEAD HE USED IT AS A SWORD TO INJURE THEM. 928 00:38:52,664 --> 00:38:55,901 WHERE HE WAS SWORN TO UPHOLD THE CONSTITUTION, 929 00:38:55,934 --> 00:38:58,804 HE USED HIS LEGAL EDUCATION TO SUBVERT IT, 930 00:38:58,837 --> 00:39:02,908 TO SHAME IT, AND BETRAY ITS PROMISE TO THE WORLD. 931 00:39:02,941 --> 00:39:06,512 FIVE DAYS AFTER 9-11, 932 00:39:06,545 --> 00:39:09,648 VICE PRESIDENT CHENEY TOLD US THAT WE WOULD HAVE TO 933 00:39:09,681 --> 00:39:12,751 "WORK THE DARK SIDE" TO FIGHT TERRORISTS. 934 00:39:12,784 --> 00:39:14,886 WELL, WE NEVER IMAGINED THAT TO MEAN 935 00:39:14,920 --> 00:39:19,057 THAT WE WOULD CEDE CONTROL TO OUR OWN DARK SIDE. 936 00:39:19,090 --> 00:39:22,661 THE TACTICS JUSTIFIED IN MR. FRANKLIN'S MEMO 937 00:39:22,694 --> 00:39:28,033 DRAW FROM THE WORST OF OUR NATURE. 938 00:39:28,066 --> 00:39:31,503 EVEN IN THE MIDST OF THE REVOLUTIONARY WAR, 939 00:39:31,537 --> 00:39:33,772 IN THE MIDST OF THE CIVIL WAR, 940 00:39:33,805 --> 00:39:36,007 PRESIDENTS WASHINGTON AND LINCOLN 941 00:39:36,041 --> 00:39:39,778 ADMONISHED THEIR TROOPS NOT TO INJURE THEIR PRISONERS. 942 00:39:39,811 --> 00:39:44,616 NOW, SOME OF YOU MAY FEEL THAT IT IS NOT THE PLACE 943 00:39:44,650 --> 00:39:48,987 OF THIS JURY OR EVEN THE PEOPLE TO QUESTION THE ACTIONS 944 00:39:49,020 --> 00:39:51,923 OF OUR GOVERNMENT OFFICIALS DURING A TIME OF WAR... 945 00:39:51,957 --> 00:39:57,028 THAT THE PREMISE OF THIS TRIAL ITSELF SOMEHOW IS... 946 00:39:57,062 --> 00:40:01,533 TREASONOUS. 947 00:40:01,567 --> 00:40:04,503 I WOULD ASSURE YOU, LADIES AND GENTLEMEN, 948 00:40:04,536 --> 00:40:07,839 IT IS NOT DISLOYAL TO HOLD OUR OFFICIALS 949 00:40:07,873 --> 00:40:10,909 TO THE HIGHEST STANDARDS OF CONDUCT. 950 00:40:10,942 --> 00:40:14,880 AND IT IS NOT DISLOYAL TO ALLOW YOU, THE PEOPLE, 951 00:40:14,913 --> 00:40:20,919 TO DECIDE WHAT YOU WANT DONE IN YOUR NAME. 952 00:40:26,224 --> 00:40:28,426 THANK YOU. 953 00:40:33,532 --> 00:40:35,066 - HAS THE JURY REACHED A VERDICT? 954 00:40:35,100 --> 00:40:36,602 - WE HAVE, YOUR HONOR. 955 00:40:36,635 --> 00:40:40,772 - THE DEFENDANT WILL STAND. 956 00:40:40,806 --> 00:40:43,875 ON THE FIRST COUNT OF THE INDICTMENT, 957 00:40:43,909 --> 00:40:48,514 CONSPIRACY IN THE-- 958 00:40:48,547 --> 00:40:52,584 WHAT'S GOING ON, EDDIE? 959 00:40:52,618 --> 00:40:54,653 - HE'S A FEDERAL MARSHAL WITH AN ORDER 960 00:40:54,686 --> 00:40:55,754 FROM THE DISTRICT COURT. 961 00:40:55,787 --> 00:40:58,790 - BRING IT HERE. 962 00:41:13,872 --> 00:41:16,141 THE FEDERAL COURT FOR THE SOUTHERN DISTRICT 963 00:41:16,174 --> 00:41:19,010 HAS ISSUED AN ORDER PREEMPTING THIS PROSECUTION. 964 00:41:19,044 --> 00:41:20,712 THE TRIAL IS OVER. 965 00:41:20,746 --> 00:41:22,247 LADIES AND GENTLEMEN OF THE JURY, 966 00:41:22,280 --> 00:41:23,782 THANK YOU FOR YOUR SERVICE. 967 00:41:23,815 --> 00:41:25,651 WE ARE ADJOURNED. [gavel strikes] 968 00:41:25,684 --> 00:41:29,087 - BUT, YOUR HONOR, THE JURY HAD A VERDICT. 969 00:41:29,120 --> 00:41:30,922 - THERE'S NO VERDICT TILL IT'S ENTERED IN THE RECORD. 970 00:41:30,956 --> 00:41:33,959 IT'S OVER, MR. CUTTER. 971 00:41:41,232 --> 00:41:42,934 - I'LL START CHECKING THE CASE LAW, 972 00:41:42,968 --> 00:41:44,936 SEE WHAT OUR NEXT STEP IS. 973 00:41:44,970 --> 00:41:46,237 - YOU WON'T FIND ANYTHING. 974 00:41:46,271 --> 00:41:48,506 THERE'S NO RECOURSE. 975 00:41:57,716 --> 00:41:59,184 - THE PEOPLE WHO WANT YOU OUT, JACK, 976 00:41:59,217 --> 00:42:00,919 THEY'LL USE THIS TO HAMMER YOU. 977 00:42:00,952 --> 00:42:01,887 - GOOD. 978 00:42:01,920 --> 00:42:03,722 AT THE END OF THE DAY, I HOPE TO GIVE THEM 979 00:42:03,755 --> 00:42:08,560 EVEN MORE REASON TO BE MAD AT ME. 980 00:42:08,594 --> 00:42:11,563 COME ON, MIKE. 981 00:42:11,597 --> 00:42:14,600 Captioning by CaptionMax www.captionmax.com