JAG s10e05 Episode Script
This Just In from Baghdad
More shocking news out of Iraq today a senior Defense Department advisor with close ties to the White House was killed while on a fact-finding mission with U.
S.
Marines in Baghdad.
Dwight Kanin, who served as Deputy Undersecretary of Defense in the Reagan and the first Bush administrations, was chairman of the influential Military Affairs Policy Board, a civilian group working out of the Pentagon that regularly reports to the President.
The casualties also included one Marine killed and others seriously wounded.
ZNN correspondent Brad Holliman has the story.
Violence continues to plague the interim Iraqi government as radical insurgents appear to be stepping up attacks on U.
S.
peacekeeping forces here in the capitol.
Unfortunately, what you see behind me has become all too common in Baghdad- a roadside bomb in a narrow street, trapping U.
S.
soldiers in a deadly kill zone.
What's uncommon is to find an important civilian, like Dwight Kanin, riding along with Marines in such a dangerous part of Baghdad.
Why he was here and what he was doing remain unanswered questions.
The Commandant of the Marine Corps is expected to issue a statement soon.
Meanwhile, high-level sources within the Navy have promised a full investigation.
For ZNN, this is Brad Holliman in Baghdad.
Morning, Petty Officer.
Morning, sir.
Oh! Commander You must be Commander Turner.
Good morning, General.
At ease, Commander.
Sorry, sir, I wasn't aware that you had It's perfectly understandable.
The Senate didn't conclude until 0200 this morning.
Congratulations, sir.
Thank you.
I'll just clear my things out.
Shouldn't be a minute.
Carry on, Commander.
Ma'am, sir, did you hear? Hear what? Major General Cresswell was appointed last night.
He's in the admiral's old office right now.
I thought he didn't make it.
I guess it was some kind of a last-minute miracle, ma'am.
Depends on what your definition of "miracle" is.
Sir, let me help you with that.
I've got it, Petty Officer.
I tried to warn you.
Hang on a sec.
Would you move my car, please? I feel honored to be given this command.
And I have the highest regard for Admiral Chegwidden and the fine work done by all under his capable leadership.
I look forward to getting to know each of you personally.
That'll be all.
Attention on deck.
Carry on.
General Sir Sorry I'm late.
I, I mean it's just after your hearing last night, I thought that you were a goner.
Lieutenant Commander Roberts reporting for duty, sir.
And if I may say so, sir, you were quite impressive at the Senate Subcommittee hearing.
At ease, Commander.
I saw you sitting with the SECNAV during the hearing.
Do you have some special relationship with the Secretary I should be aware of? I was serving as Admiral Kly's aide, sir.
I have no connection to the SECNAV that I'm aware of, sir.
Good.
Colonel MacKenzie, join me.
Commander Rabb, you, too.
Off on the wrong foot and I only have one.
As you undoubtedly know, Dwight Kanin was killed on a ride-along in Iraq.
Major General Earl Watson, Commanding General of the First Marine Division is convening a court-martial.
He's charging Staff Sergeant Timothy Mallory with involuntary manslaughter by culpable negligence.
On what grounds, sir? On the grounds the staff sergeant got a Washington bigwig killed on what started out as a routine Marine street patrol and ended as a firefight.
Who authorized the ride-along in the first place? I don't know.
You tell me.
Because all the witnesses are there, the trial will be held in-country.
You two are going to Baghdad.
Prosecution.
Defense.
Sir, we handled General Watson's court-martial earlier this year.
I'm aware of the case- remarks about Islam, allegedly inflammatory.
Under the circumstances, sir, are you sure we should General Watson requested you, by name.
He was impressed with your work.
"Impartiality" was the word he used.
Considering the political impact of Mr.
Kanin's death, impartiality is essential in this case.
Yes, sir.
SECNAV's all over this.
I expect this to be handled with the utmost professionalism, legally and personally.
What he said about professional and personal, was that a dig at me? Definitely.
Mac, you're being paranoid.
It was 15 years ago.
I doubt Cresswell remembers you let alone an affair you had with a senior officer.
I told you, Cresswell was the Staff Judge Advocate on Okinawa.
He wrote the letter of reprimand on Farrow.
Did you see the letter? No.
Well, then how do you know he mentioned you by name? I know he knew who I was.
Given who he is, I'm sure he found my behavior indefensible.
One wrong move, and I'm out of here.
Mac, we've got a new boss.
It's the same for all of us.
You wanted to see me, sir? Close the hatch.
I've started reviewing our current case load.
You run a tight ship.
Thank you, sir.
I want your evaluation of Commander Rabb and Colonel MacKenzie.
Both excellent attorneys, sir.
Given to personal eccentricities.
Admiral Chegwidden allowed them latitude at times, sir.
But I believe he was satisfied with their results.
You're mincing words, Commander.
What are their weaknesses? I'd have to say both of them are less than enthusiastic about the more bureaucratic aspects of what we do, sir.
Preparation? Follow-through? Written reports? They're not opposed to paperwork, sir.
It just doesn't come naturally.
Thank you, Commander.
That'll be all.
I have a request, General.
I'd like to switch offices with Commander Rabb.
Reason? A year ago, he left JAG for a period.
I was given his office.
Left? For what reason? Colonel MacKenzie ran into a little trouble on a CIA mission in Paraguay, and Commander Rabb resigned his commission to go after her.
Then Rabb was reinstated? Why? Lots of other lawyers around.
I believe the admiral saw something in him that Rabb didn't see in himself.
Sounds like you were assigned your office fair and square.
Why give it up? To be honest, General, when I was sitting in your chair, I ruffled a few feathers.
I was hoping this peace offering might help.
Make the switch.
Thank you, sir.
That'll be all.
Aye, sir.
General Watson speaks highly of you, Commander.
Says you're a hell of a prosecutor.
That's quite a compliment coming from the general, considering he was the one on trial.
But Colonel MacKenzie, as defense counsel, won.
Well the colonel's good.
What's your take on the case against Staff Sergeant Mallory, Colonel? I don't like to see any of my people brought up on charges, Colonel.
But? We're in a tough situation over here, Colonel.
Things can go from calm to chaotic in a matter of seconds.
Staff Sergeant Mallory was issued an order: Take Mr.
Kanin on a patrol of the city.
Instead, Mallory took him into a hot zone.
Mr.
Kanin lacked any training or preparation for a combat situation.
Why would Staff Sergeant Mallory put Mr.
Kanin at risk? I don't know the answer to that question, Commander.
That's why you're here.
Commander Rabb.
Brad Holliman, ZNN.
You must be Colonel MacKenzie.
What can we do for you? I was hoping we could talk.
I reported the Dwight Kanin story.
We're not here to try this case in the press, Mr.
Holliman.
Whether you want to or not, it's gonna happen.
I'd think you'd like at least one sympathetic ear.
I'm sure you can see how some reporters might play this- blame gets pinned on some poor sergeant, meanwhile, no one takes responsibility further up the chain of command.
Sounds to me like you've written your story before you've got all the facts, Mr.
Holliman.
Here's a fact, Commander.
There's a rumor going around that Kanin's death wasn't an accident.
We don't deal in rumors.
Okay, then deal with this: a lot of military personnel over here feel they've been saddled with in a ten-pound bag.
Kanin's the Pentagon guy responsible for those policies.
Such as? Not enough troops.
Reserves without training.
Lack of armor for the Humvees.
Hell, lack of body armor for the troops.
Moms are holding bake sales to buy Kevlar for their boys.
Why single out Kanin? As Chairman of the Military Affairs Policy Board, he made recommendations to the administration.
He refused to admit he underestimated the logistical support our troops would require.
It's little wonder he'd be a marked man.
Are you suggesting Kanin was fragged? Fragged? No.
Exposed, maybe.
Do you understand the charge against you, Staff Sergeant? Yes, ma'am.
You realize the penalty is reduction in rank, maximum ten years confinement, dishonorable discharge and loss of all pay and allowances? Yes, ma'am.
Do you believe you were negligent? Two men died, another was seriously injured.
Did you take reasonable steps to insure their safety? I thought so, ma'am.
Results say otherwise.
You've got to work with me, Staff Sergeant.
I'm defense counsel.
You do want a fair trial, don't you? Yes, ma'am.
Then act like it.
Commander Rabb? I'm Captain Ellis, Staff Sergeant Mallory's Company Commander.
Have a seat, Captain.
You have questions for me, Commander? One big one- who was responsible for letting Dwight Kanin go on a combat mission? Nobody.
Kanin was a victim of circumstance.
Circumstance isn't on trial here, Captain.
Sergeant Mallory is, however.
I'm trying to find out what happened.
It was my understanding that Dwight Kanin came over here on a fact-finding tour.
Colonel Atwater greeted him, and passed him on to me.
So you were in charge of showing him around.
I was to treat him like any distinguished visitor, sir.
Give him the nickel tour, keep him happy.
So what's on the itinerary? Chow with First Battalion, Rifle and Weapons Company Alpha.
Chow? Wait, Captain, I didn't travel I want to see real Marines.
Every man and woman here in uniform is a real Marine, sir.
Oh, no, I meant no offense, Captain.
I'd just like to see a little bit about what your men and women are up against.
Hop in, Mr.
Kanin.
We'll see what we can do.
All right! It was my intent to set him up with a Marine unit doing a routine street patrol.
A combat mission was never part of the equation.
Did you ever consider there was an element of risk involved? It was Mr.
Kanin who said he wanted to see "real Marines, real missions," sir.
Did you ever consider there was an element of risk involved? I sent him out with my very best Marines, sir.
I believed he would be safe.
Was Colonel Atwater aware of this routine patrol? No, sir.
He made Kanin my responsibility.
When Kanin asked to go on a mission, I tasked Lieutenant Howell with tour-guiding him.
Mr.
Kanin was pretty adamant about wanting to go outside the wire, sir.
He wanted to see some action? That was my understanding, sir.
It was also my understanding that the only action he was going to see was a routine street patrol in a controlled part of Baghdad.
That's not what happened though, is it? No, Commander.
There was no way of predicting that a street protest would force the patrol to detour.
But over here, things have a way of turning out differently from the way you expected.
Yeah, I read the after-action report.
So what your telling me is, Staff Sergeant Mallory is a victim of bad timing? Bad timing, bad luck.
However you want to call it.
But when it hit the fan, Staff Sergeant Mallory did everything humanly possible to save Dwight Kanin's life.
Did you know who Dwight Kanin was? I was aware that he held a position of some importance in the Pentagon, ma'am.
That he was somehow involved in logistical support.
Did you think there was anything unusual about your orders to take him along, given Mr.
Kanin's position? Not really, ma'am.
My unit's been here Taking along civilian observers is S.
O.
P.
Of course, most of the time, it's just journalists.
So, again, you saw no particular problem taking Mr.
Kanin on your patrol? No, ma'am.
We took all the usual precautions.
Fantastic.
You'll want to put these on, sir.
Oh, great.
Hold on.
Ah Ah, this is great! Thanks, son.
Oh, Sergeant, do you mind? One for posterity? Not a problem.
Come join me.
Yeah.
There you go.
You'll be riding this vehicle Great! Mr.
Kanin.
Corporal Salazar here will have your back.
Pleasure.
All right, ladies, let's move out.
I placed Mr.
Kanin in the rear Humvee with Sergeant Walters, and I tasked Corporal Salazar with looking out for him.
According to the after-action report, you ran into a protest that blocked your route? That's right, ma'am.
You chose to detour around it, go to Sadr City? Yes, ma'am.
Why didn't you just turn back, return to the base the way you came? I decided that retreating wasn't necessarily the safest course of action.
Taking a detour was? Yes, ma'am, in my estimation.
What happened then? We got ambushed.
Mr.
Kanin was killed.
Lost Corporal Salazar, and Sergeant Walters lost his arm.
Sure you weren't just trying to impress a visiting dignitary, not backing down? You're a Marine, ma'am.
You should understand.
I was doing what I was trained to do.
I do understand, Staff Sergeant.
I just wanted to make sure you did.
Now it's our job to make sure the Members understand.
What do you have so far? Well, sir, the consensus of testimony would seem to indicate that Staff Sergeant Mallory is solely responsible for the decision that led to Dwight Kanin's death.
That's one man's opinion, sir.
You don't agree with Commander Rabb's assessment, Colonel? I think it's more accurate to say the chain of command believes that Staff Sergeant Mallory is a good Marine who ran into some bad luck.
Bad luck is another name for negligence, General.
Only if you ignore circumstances, context, the facts of the case Is that all? No, sir.
The reporter who broke the story said that he's heard scuttlebutt Dwight Kanin may have been deliberately exposed to danger.
This scuttlebutt indicate why Marines would purposely put a civilian in harm's way? They wanted to show him what it was like to fight a war, sir, without adequate personnel or equipment.
Either of you find any evidence of that? No, sir.
Not as of yet, General.
Then, as for now, it's just hot air.
Aye, sir.
Keep me informed.
Sir.
Petty Officer.
We should have the knob removed from the outside of that door.
I beg your pardon, sir? That knob.
Let's get rid of it.
But then you won't be able to open the door from the outside.
I'll be able to open it because I'll have a key.
You, on the other hand, will have no choice but to knock.
Uh, phones, sir.
There's the Senate Armed Services Committee counsel on line one, the SECDEF's EA on two and the White House Liaison on line three.
I'll take line three.
Tell lines one and two I'll call them back.
Thank you, Petty Officer.
Yes, sir.
I can't do anything right.
We're all walking on eggshells.
Yeah, but I'm right in the line of fire.
Sorry to keep you waiting.
General Cresswell will have to return your call.
Commander Rabb, Colonel MacKenzie, good to see you again.
You too, sir.
Congratulations on getting back to Iraq, sir.
Thank you, both of you, for your efforts that made it possible.
So, how do you enjoy working for General Cresswell? Well, we've spent all of ten minutes with the general, sir.
That should tell you everything you need to know.
When do you go to trial? Tomorrow morning, sir.
So how did Mr.
Kanin get into a combat zone? Because Staff Sergeant Mallory put him there, General.
Because Mr.
Kanin ordered him to do it.
Mr.
Kanin was not in the staff sergeant's chain of command, Mac.
He was an influential member of the administration.
It's good to see that nothing's changed.
Save it for the jury, counselors.
I had a visit from a journalist today.
Brad Holliman, sir? So he got to you, too.
We listened to what he had to say.
And what do you think? About Marines deliberately getting a civilian killed? I don't buy it, sir.
The men who serve under me have reason to be aggrieved.
They blame a lot of people back home for not giving them what they need to win this war.
Yes, sir.
I know.
I don't believe they would deliberately lead a civilian in danger, either, Colonel.
But I want you to prove it to me in case I'm wrong.
Captain Ellis, you instructed Lieutenant Howell to arrange a ride-along on a Marine mission for Dwight Kanin, is this correct? That's correct, Commander.
Is it unusual for a civilian to go along on such a mission? No, sir.
We entertain journalists and dignitaries often.
But you don't take them into a combat zone as Staff Sergeant Mallory did, is that correct? No, Commander, not if we can help it.
What was your understanding of the nature of this mission? It was supposed to be a routine street patrol of the Al A'Zamiyah district.
Please show us on the map, Lieutenant.
It's this sector here, sir.
Al A'Zamiyah's a mixed residential and commercial zone outside of Sadr City.
Our unit patrols A'Zamiyah with the objective of reporting any signs of insurgent activity.
We're also there to maintain a military presence as a deterrent.
Thank you, Lieutenant.
Have a seat, please.
Would you consider this a secure zone? As secure as it gets in Iraq these days, Commander, yes.
Now, the ambush took place in the Sadr City section of Baghdad, correct? That's correct, sir.
And that's what, about two kilometers from Al A'Zamiyah? Yes, sir.
Did you ever brief Staff Sergeant Mallory to take his Marine unit along with a visiting civilian dignitary into a hot zone? No, sir.
So, the decision to do so was made solely by the staff sergeant, is that correct? His patrol ran into a street demonstration, Commander.
Just answer the question, please, Lieutenant.
Yes, that's correct, Commander.
It was A negligent decision, which resulted in two unnecessary deaths.
Objection.
Facts not in evidence; leading; calls for an opinion.
Sustained, all grounds.
I have no further questions, Your Honor.
Lieutenant, what were Staff Sergeant Mallory's options? Push through the protesters, detour around them or turn back.
Now, we know the choice Staff Sergeant Mallory made, but what would you have done? Going through the protesters would have only aggravated matters, ma'am.
Detouring around them through Sadr City was risky.
Going back, to be honest, given our training, retreat is not an option Marines generally consider.
I suppose I might have done the same thing the staff sergeant did, ma'am.
Thank you, Lieutenant.
Lieutenant if you had been there, in the area, not just with Marines, but with an inexperienced, untrained civilian, would you have made that decision? Given those circumstances I don't know, Commander.
I might have turned back, sir.
Thank you, Lieutenant.
No further questions, Your Honor.
The government rests.
Morning, sir.
You're here early.
Not early enough.
I beg your pardon, sir? I got here at 0500, you know, figuring I'd beat the general in.
He's been here for hours.
He's watching the court-martial from Baghdad on a live feed.
Permission to speak freely, sir? Of course, Coates.
I don't understand what you're trying to prove with the general.
You're a great lawyer.
I'm trying to prove that Admiral Chegwidden didn't keep me around out of sympathy.
Uh, that will be all, Petty Officer.
Oh.
I could get that for you, sir.
I suppose you could drink it for me, too, Petty Officer.
Sergeant Walters, you drove the vehicle with Dwight Kanin in it, did you not? Yes, ma'am.
What happened when your patrol encountered the demonstration in the Al A'Zamiyah district? The street was filled with protesters, ma'am.
The path ahead of us was blocked.
Maybe we should turn around, Sergeant? Staff Sergeant Mallory will make the call, Corporal.
Can't we go around them? Detour would put us in Sadr City.
It can get ugly there, Mr.
Kanin.
What's the situation, Sergeant? We could turn back or we could push on.
Ah why not push on.
I'm not afraid of a little action.
What do we do, Sergeant? We push on.
Let's gear up! Let's go.
So Staff Sergeant Mallory did consider other alternatives? Oh, yes, ma'am.
What happened next, Sergeant? Well, we got back on the road, ma'am.
Why don't we put you in the back, Mr.
Kanin.
It's a little safer back there.
Okay, and hustle up, get back there.
What are you doing? Sandbags for IEDs.
Improvised explosive devices.
They'll rip the hell out of this Humvee.
Oh, uh, Sergeant? That's okay, sir, you keep yours on.
What's that for? Bullets and shrapnel.
They go right through the vehicle.
A vest only protects so much.
You're vulnerable from the side.
It's like the sergeant said, sir, we're a little light on armor here.
This is the best we can do.
Let's move out! We turned off the main road to avoid the protesters and entered Sadr City.
We found ourselves on a narrow commercial street surrounded by locals.
Most of them afraid, but not all of them.
We didn't get far before an IED was detonated under our six-by.
We were caught in the crossfire.
We took cover as best we could; we gave as good as we got.
Staff Sergeant Mallory and Corporal Salazar dragged Mr.
Kanin to safety, ma'am.
Staff Sergeant Mallory put the civilian in the best cover we had- Corporal Salazar there to keep his head down.
Just one problem- in the confusion, the corporal never had a chance to get his flak jacket on.
One shot.
Corporal Salazar went down.
I saw Kanin panic Kanin! so I jumped him before he could run into the crossfire.
Stay down! I didn't figure on what came next.
Last thing I saw was Kanin going down.
There was nothing any of us could've done for him after that.
In your opinion, would Mr.
Kanin have been safe had he stayed where Staff Sergeant Mallory positioned him? I believe so, ma'am.
Staff Sergeant did everything he could to keep Mr.
Kanin alive.
Thank you, Sergeant, for your testimony and for your valor.
Sergeant, did Staff Sergeant Mallory resent being forced to take Dwight Kanin out on patrol? Objection.
Calls for speculation.
Sustained.
Sergeant, did you resent having Dwight Kanin along on patrol? Yes, sir.
A little.
Do you believe that Dwight Kanin's unwanted presence on patrol influenced the staff sergeant's decision to proceed with his unit into a dangerous area? Objection.
Speculation.
Sustained.
I have no further questions, Your Honor.
Your Honor, the defense calls Staff Sergeant Timothy Mallory to the stand.
Staff Sergeant, why didn't you abort the mission when you saw your way was blocked here? I thought proceeding through Sadr City was the best plan, ma'am.
Why? It was the shortest route back.
Shorter than going back the way you came? At that point, yes, ma'am.
Weren't you worried about hostile activity? There hadn't been any serious activity in that sector in over a week.
I believed it was safe.
As it turns out, I was wrong.
I regret that, ma'am.
I always will.
When the ambush happened, Staff Sergeant, did you feel Dwight Kanin was adequately protected where you left him with Corporal Salazar behind the vehicle? Yes, ma'am.
And if he'd stayed there, he'd be alive today? Objection.
Counsel is testifying, Your Honor.
Sustained.
Do you have a question, Colonel? I do, Your Honor.
Staff Sergeant Mallory, putting aside, for now, what we know happened on this patrol, do you believe you acted in accordance with your Marine Corps training in taking the initiative to lead Mr.
Kanin and your men out of harm's way in the best way possible, with the least potential for casualties? Yes, ma'am, I do.
Thank you, Staff Sergeant.
Staff Sergeant, you stated you chose to go through Sadr City because you felt you and your men could get through.
That's correct, Commander.
Well, what about Dwight Kanin? Not sure I follow, sir.
An inexperienced, untrained civilian taking fire in a combat zone, he didn't stand much of a chance, did he? Objection.
Argumentative.
Sustained.
What's the real reason you chose to take a civilian into a hot zone, Staff Sergeant? Objection! It goes to motive, Your Honor.
Overruled.
The accused will answer the question.
Like I said, I thought it was our best chance.
What, to get out of there, or give Dwight Kanin a taste of combat? Come on, Staff Sergeant! Do you expect us to believe you didn't take advantage of that situation? You were frustrated by the lack of adequate supplies, armor, artillery.
You were vocal about it on many occasions.
Now, here was a man in a position to change all that.
You didn't take advantage of that? Just didn't understand, sir.
Why, because he was a civilian? No, sir.
Because he was uneducated about our situation over here, sir.
Did you intentionally expose Dwight Kanin to hostile fire, Staff Sergeant? I had no intention to harm the man.
In fact, just the opposite, sir.
I thought if he saw what we face every day, he'd go back to Washington and tell people what's really going on.
It didn't turn out that way, though, did it? No, sir.
But I never meant to get the man killed.
So you admit you got him killed? No, sir.
That is not what I meant.
You didn't intend to get Corporal Salazar killed, either, did you? I have no further questions, Your Honor.
Salazar would be alive today, if it wasn't for Kanin.
He had no business being here.
He sent us to fight a war.
Fine.
Give us the equipment, let us fight it, and stay the hell out of our way.
Will the accused please rise.
The president will publish the finding.
Staff Sergeant Timothy Mallory, United States Marine Corps, on the charge and specification of involuntary manslaughter by culpable negligence, this court-martial finds you guilty.
This court-martial will reconvene at 0900 tomorrow for the penalty phase of this trial.
Thank you, sir.
Penalty phase is tomorrow, so let's concentrate on that.
Come in.
Sir, I just want you to know I made a fresh pot of coffee, in case you'd like to get yourself a cup.
Have a seat, Petty Officer.
You've been in some trouble.
Yes, sir.
Three years ago last Christmas, you were brought up on charges for going UA and impersonating Santa Claus.
Yes, sir.
In order to steal the cash bucket.
Are you a thief, Petty Officer? I was, sir.
Not anymore.
Why not? Commander Rabb, sir.
He showed me the straight path and I ended up a legalman on the USS Seahawk, and then became the admiral's aide.
The commander did all that? This may sound strange, sir, but it was the first time anybody had trusted me in a long time.
It changed the way I felt about myself.
I give extra points to a sailor who can dig herself out of a hole the way you did.
Thank you, sir.
Does that surprise you? A little.
Good.
I take my coffee Black- yes, sir, I know.
Were you in the habit of finishing Admiral Chegwidden's sentences, Petty Officer? Sort of, sir.
Well, that ends now.
We clear? Yes, sir.
Good afternoon, Commander, Colonel.
Good afternoon, sir.
Sir.
These officers have come to me.
They would like to testify in the penalty phase of Staff Sergeant Mallory's court-martial.
The government will welcome their input, sir.
Actually, Commander, we'd like to testify in mitigation for the accused.
Respectfully, Colonel, if you and your fellow officers felt you had something to add, why didn't you come forward during the findings phase of Staff Sergeant Mallory's court-martial? Sometimes situations that are not obvious at first become clear with time and context.
The accused may present matters in extenuation and mitigation to be considered by the court in deciding a sentence.
You may proceed, Colonel MacKenzie.
Colonel Atwater, what was the purpose of Dwight Kanin's visit? To get a firsthand glimpse of the war he supported.
So he was here as a government observer, not a tourist? Correct.
Although he certainly acted like a tourist in my presence.
Thank you, Colonel.
I really appreciate you making time for me.
Well, Captain Ellis will make your arrangements with First Battalion.
I'll leave you in his capable hands.
Thank you, sir.
Oh, hang on, Colonel.
Son, can I prevail upon you? Sure thing, sir.
I need a picture.
Make sure that you get the flag in the background.
We need to scooch over a little bit? Great, great.
Thank you, son.
Thank you, Colonel.
Let's go.
Colonel, what was your personal attitude toward Mr.
Kanin at that time? I disapproved of Mr.
Kanin's presence in our theater.
I didn't get the impression that he was searching for facts to aid his policy recommendations.
I felt he'd come here for photo ops with the troops, maybe some cheap thrills.
Did you convey any of that attitude to Captain Ellis? Not in so many words, but I think I made my opinion of the man clear.
I told Captain Ellis "Get that chicken hawk out of my sight.
" I didn't want anything more to do with him.
Thank you for your candor, Colonel.
Your witness.
Colonel, you have chosen to testify in mitigation on behalf of Staff Sergeant Mallory, sir.
Why? Because it's the right thing to do.
Respectfully, Colonel, are you sure you're not just trying to assuage a guilty conscience by coming to the rescue of a young marine staff sergeant? Objection- counsel is testifying.
I'd like to answer the question.
I'd like to hear the answer.
If I have a guilty conscience, there's a reason, Commander.
It wasn't till yesterday, hearing this young marine staff sergeant express his desire to teach Mr.
Kanin a lesson, that I realized that I share responsibility for what happened.
But you weren't there, Colonel.
You did not order Staff Sergeant Mallory to transport Dwight Kanin into a combat zone, sir.
No, no, but I did suggest to my subordinates that Mr.
Kanin needed to be educated as to our predicament over here.
I didn't give an order, but my feelings were known.
Words have an effect.
As a leader, I know that.
But I didn't realize until now just what kind of consequences could result.
Captain Ellis, did you share similar disdain toward Dwight Kanin as that expressed by Colonel Atwater? Yes, Colonel.
I was offended by Mr.
Kanin's request to go on a "real mission with real marines.
" It was demeaning, especially to the young men and women who put their lives on the line to serve their country.
I also felt it demonstrated a complete lack of awareness of the realities of a war Mr.
Kanin was known to champion.
Did you express this sentiment to anyone in your command? I did.
I spoke to Lieutenant Howell about it.
Would you please be specific and tell the court your exact words to Lieutenant Howell? I told Lieutenant Howell that Mr.
Kanin should be careful what he wishes for, Colonel.
Anything else? I told Lieutenant Howell that if Mr.
Kanin ever saw action, he'd go home with a new pair of shorts on, ma'am.
Why choose to come forward now to testify on behalf of Staff Sergeant Mallory? It wasn't until yesterday that I realized the full impact of what I had said; how a vague spoken desire can turn into a young marine's command decision in the field.
Lieutenant, how did you interpret Captain Ellis' statements to you about Dwight Kanin? That we should scare the crap out of the civilian, ma'am.
Excuse my language.
Did you tell Staff Sergeant Mallory to scare the crap out of him? I didn't quite phrase it that way.
Look, this Kanin thinks it's a video game over here.
Show him what it's really like.
Yes, sir.
By which you meant what, Lieutenant? Give Mr.
Kanin a taste of what life is like over here in the hope he might return to D.
C.
with a new appreciation and maybe some new policy views.
That's not what happened, though, is it? You gave him a little more than a taste and now Dwight Kanin is dead, as is Corporal Salazar, and Sergeant Walters has lost his arm.
That's not what you intended, is it? No, Commander.
But all the same, I bear no small measure of responsibility, sir.
And I'll regret to my dying day that my lack of clarity in issuing instructions resulted in this tragedy and put Staff Sergeant Mallory in the position he's in today.
General Watson, at whose request do you appear in this courtroom today? My own.
Sir, you are the convening authority for this court-martial, are you not? I was.
I turned that duty over to a backup convening General Hansen.
May I ask why, sir? So that I may testify.
Are you personally acquainted with the defendant, Staff Sergeant Mallory? I am not.
Are you familiar with the details of this case, sir? I am, including the fact that Staff Sergeant Mallory performed with courage under fire.
Sir, do you believe there is a problem in your chain of command? Systemically, I do not.
The personnel who serve under me strive daily to do their best under difficult circumstances.
Do you believe Dwight Kanin's death resulted from a singular failure in your chain of command? Yes, I do.
What was that failure, sir? Officers allowed their dislike of Mr.
Kanin to color orders that were given to subordinates.
Orders were given that were vague and ambiguous.
Why do you think that happened, sir? There are a multitude of reasons, but two come to mind: Mr.
Kanin represented a branch of the civilian leadership that has complicated and compromised the mission of the Marine Expeditionary Force.
Also, his personal attitude was one of disrespect for the fighting men and women.
So when Staff Sergeant Mallory, in a flash of a second, had to decide a course of action, I believe that he chose the wrong one.
But there are many who, if in his place, would have made the same choice.
Does that excuse his actions? No.
Does that put his actions into context? Most definitely, yes.
Thank you, General.
No further questions.
General, would an order to jeopardize Dwight Kanin's life be unauthorized? Yes.
So, then, if the staff sergeant believed he had received such an order, it would be his duty to disobey it.
That could be argued.
Is that a yes or no, General? In hindsight, yes.
Thank you, sir.
No further questions.
Defense and counsel will rise.
Staff Sergeant Timothy Mallory, the court members have sentenced you to six months confinement at hard labor, reduction in rank to lance corporal, and forfeiture of all pay and allowances for six months.
However, this court recommends that the convening authority postpone executing the sentence pending review of the testimony taken in these proceedings.
In the opinion of this court, the deaths of a civilian and a marine and the maiming of another marine may have been the direct result of a breakdown in the chain of command, resulting in the issuance or appearance of unofficial orders as interpreted by Staff Sergeant Mallory.
This court does not believe that Staff Sergeant Mallory should be held solely responsible for the consequences of his actions, and this court recommends that further investigation of the events surrounding this incident is indeed merited.
This court is adjourned.
Sir.
Thank you both.
General, what you did in there took guts, sir.
It takes guts to face an RPG.
Admitting failure hardly rates a mention.
It is my fervent hope that I won't see either one of you anytime soon.
Aye, aye, sir.
Colonel, Commander.
Impressive performances in there.
Either of you want to go on camera? No comment.
No, thanks.
You do realize that I am the one that pointed you in the right direction? And for that, we'll always be grateful.
The staff sergeant only received six months and no discharge.
You disappointed with that sentence, Commander? No, and you can put that on the air, if you'd like.
Gedownload van Bierdopje.
com
S.
Marines in Baghdad.
Dwight Kanin, who served as Deputy Undersecretary of Defense in the Reagan and the first Bush administrations, was chairman of the influential Military Affairs Policy Board, a civilian group working out of the Pentagon that regularly reports to the President.
The casualties also included one Marine killed and others seriously wounded.
ZNN correspondent Brad Holliman has the story.
Violence continues to plague the interim Iraqi government as radical insurgents appear to be stepping up attacks on U.
S.
peacekeeping forces here in the capitol.
Unfortunately, what you see behind me has become all too common in Baghdad- a roadside bomb in a narrow street, trapping U.
S.
soldiers in a deadly kill zone.
What's uncommon is to find an important civilian, like Dwight Kanin, riding along with Marines in such a dangerous part of Baghdad.
Why he was here and what he was doing remain unanswered questions.
The Commandant of the Marine Corps is expected to issue a statement soon.
Meanwhile, high-level sources within the Navy have promised a full investigation.
For ZNN, this is Brad Holliman in Baghdad.
Morning, Petty Officer.
Morning, sir.
Oh! Commander You must be Commander Turner.
Good morning, General.
At ease, Commander.
Sorry, sir, I wasn't aware that you had It's perfectly understandable.
The Senate didn't conclude until 0200 this morning.
Congratulations, sir.
Thank you.
I'll just clear my things out.
Shouldn't be a minute.
Carry on, Commander.
Ma'am, sir, did you hear? Hear what? Major General Cresswell was appointed last night.
He's in the admiral's old office right now.
I thought he didn't make it.
I guess it was some kind of a last-minute miracle, ma'am.
Depends on what your definition of "miracle" is.
Sir, let me help you with that.
I've got it, Petty Officer.
I tried to warn you.
Hang on a sec.
Would you move my car, please? I feel honored to be given this command.
And I have the highest regard for Admiral Chegwidden and the fine work done by all under his capable leadership.
I look forward to getting to know each of you personally.
That'll be all.
Attention on deck.
Carry on.
General Sir Sorry I'm late.
I, I mean it's just after your hearing last night, I thought that you were a goner.
Lieutenant Commander Roberts reporting for duty, sir.
And if I may say so, sir, you were quite impressive at the Senate Subcommittee hearing.
At ease, Commander.
I saw you sitting with the SECNAV during the hearing.
Do you have some special relationship with the Secretary I should be aware of? I was serving as Admiral Kly's aide, sir.
I have no connection to the SECNAV that I'm aware of, sir.
Good.
Colonel MacKenzie, join me.
Commander Rabb, you, too.
Off on the wrong foot and I only have one.
As you undoubtedly know, Dwight Kanin was killed on a ride-along in Iraq.
Major General Earl Watson, Commanding General of the First Marine Division is convening a court-martial.
He's charging Staff Sergeant Timothy Mallory with involuntary manslaughter by culpable negligence.
On what grounds, sir? On the grounds the staff sergeant got a Washington bigwig killed on what started out as a routine Marine street patrol and ended as a firefight.
Who authorized the ride-along in the first place? I don't know.
You tell me.
Because all the witnesses are there, the trial will be held in-country.
You two are going to Baghdad.
Prosecution.
Defense.
Sir, we handled General Watson's court-martial earlier this year.
I'm aware of the case- remarks about Islam, allegedly inflammatory.
Under the circumstances, sir, are you sure we should General Watson requested you, by name.
He was impressed with your work.
"Impartiality" was the word he used.
Considering the political impact of Mr.
Kanin's death, impartiality is essential in this case.
Yes, sir.
SECNAV's all over this.
I expect this to be handled with the utmost professionalism, legally and personally.
What he said about professional and personal, was that a dig at me? Definitely.
Mac, you're being paranoid.
It was 15 years ago.
I doubt Cresswell remembers you let alone an affair you had with a senior officer.
I told you, Cresswell was the Staff Judge Advocate on Okinawa.
He wrote the letter of reprimand on Farrow.
Did you see the letter? No.
Well, then how do you know he mentioned you by name? I know he knew who I was.
Given who he is, I'm sure he found my behavior indefensible.
One wrong move, and I'm out of here.
Mac, we've got a new boss.
It's the same for all of us.
You wanted to see me, sir? Close the hatch.
I've started reviewing our current case load.
You run a tight ship.
Thank you, sir.
I want your evaluation of Commander Rabb and Colonel MacKenzie.
Both excellent attorneys, sir.
Given to personal eccentricities.
Admiral Chegwidden allowed them latitude at times, sir.
But I believe he was satisfied with their results.
You're mincing words, Commander.
What are their weaknesses? I'd have to say both of them are less than enthusiastic about the more bureaucratic aspects of what we do, sir.
Preparation? Follow-through? Written reports? They're not opposed to paperwork, sir.
It just doesn't come naturally.
Thank you, Commander.
That'll be all.
I have a request, General.
I'd like to switch offices with Commander Rabb.
Reason? A year ago, he left JAG for a period.
I was given his office.
Left? For what reason? Colonel MacKenzie ran into a little trouble on a CIA mission in Paraguay, and Commander Rabb resigned his commission to go after her.
Then Rabb was reinstated? Why? Lots of other lawyers around.
I believe the admiral saw something in him that Rabb didn't see in himself.
Sounds like you were assigned your office fair and square.
Why give it up? To be honest, General, when I was sitting in your chair, I ruffled a few feathers.
I was hoping this peace offering might help.
Make the switch.
Thank you, sir.
That'll be all.
Aye, sir.
General Watson speaks highly of you, Commander.
Says you're a hell of a prosecutor.
That's quite a compliment coming from the general, considering he was the one on trial.
But Colonel MacKenzie, as defense counsel, won.
Well the colonel's good.
What's your take on the case against Staff Sergeant Mallory, Colonel? I don't like to see any of my people brought up on charges, Colonel.
But? We're in a tough situation over here, Colonel.
Things can go from calm to chaotic in a matter of seconds.
Staff Sergeant Mallory was issued an order: Take Mr.
Kanin on a patrol of the city.
Instead, Mallory took him into a hot zone.
Mr.
Kanin lacked any training or preparation for a combat situation.
Why would Staff Sergeant Mallory put Mr.
Kanin at risk? I don't know the answer to that question, Commander.
That's why you're here.
Commander Rabb.
Brad Holliman, ZNN.
You must be Colonel MacKenzie.
What can we do for you? I was hoping we could talk.
I reported the Dwight Kanin story.
We're not here to try this case in the press, Mr.
Holliman.
Whether you want to or not, it's gonna happen.
I'd think you'd like at least one sympathetic ear.
I'm sure you can see how some reporters might play this- blame gets pinned on some poor sergeant, meanwhile, no one takes responsibility further up the chain of command.
Sounds to me like you've written your story before you've got all the facts, Mr.
Holliman.
Here's a fact, Commander.
There's a rumor going around that Kanin's death wasn't an accident.
We don't deal in rumors.
Okay, then deal with this: a lot of military personnel over here feel they've been saddled with in a ten-pound bag.
Kanin's the Pentagon guy responsible for those policies.
Such as? Not enough troops.
Reserves without training.
Lack of armor for the Humvees.
Hell, lack of body armor for the troops.
Moms are holding bake sales to buy Kevlar for their boys.
Why single out Kanin? As Chairman of the Military Affairs Policy Board, he made recommendations to the administration.
He refused to admit he underestimated the logistical support our troops would require.
It's little wonder he'd be a marked man.
Are you suggesting Kanin was fragged? Fragged? No.
Exposed, maybe.
Do you understand the charge against you, Staff Sergeant? Yes, ma'am.
You realize the penalty is reduction in rank, maximum ten years confinement, dishonorable discharge and loss of all pay and allowances? Yes, ma'am.
Do you believe you were negligent? Two men died, another was seriously injured.
Did you take reasonable steps to insure their safety? I thought so, ma'am.
Results say otherwise.
You've got to work with me, Staff Sergeant.
I'm defense counsel.
You do want a fair trial, don't you? Yes, ma'am.
Then act like it.
Commander Rabb? I'm Captain Ellis, Staff Sergeant Mallory's Company Commander.
Have a seat, Captain.
You have questions for me, Commander? One big one- who was responsible for letting Dwight Kanin go on a combat mission? Nobody.
Kanin was a victim of circumstance.
Circumstance isn't on trial here, Captain.
Sergeant Mallory is, however.
I'm trying to find out what happened.
It was my understanding that Dwight Kanin came over here on a fact-finding tour.
Colonel Atwater greeted him, and passed him on to me.
So you were in charge of showing him around.
I was to treat him like any distinguished visitor, sir.
Give him the nickel tour, keep him happy.
So what's on the itinerary? Chow with First Battalion, Rifle and Weapons Company Alpha.
Chow? Wait, Captain, I didn't travel I want to see real Marines.
Every man and woman here in uniform is a real Marine, sir.
Oh, no, I meant no offense, Captain.
I'd just like to see a little bit about what your men and women are up against.
Hop in, Mr.
Kanin.
We'll see what we can do.
All right! It was my intent to set him up with a Marine unit doing a routine street patrol.
A combat mission was never part of the equation.
Did you ever consider there was an element of risk involved? It was Mr.
Kanin who said he wanted to see "real Marines, real missions," sir.
Did you ever consider there was an element of risk involved? I sent him out with my very best Marines, sir.
I believed he would be safe.
Was Colonel Atwater aware of this routine patrol? No, sir.
He made Kanin my responsibility.
When Kanin asked to go on a mission, I tasked Lieutenant Howell with tour-guiding him.
Mr.
Kanin was pretty adamant about wanting to go outside the wire, sir.
He wanted to see some action? That was my understanding, sir.
It was also my understanding that the only action he was going to see was a routine street patrol in a controlled part of Baghdad.
That's not what happened though, is it? No, Commander.
There was no way of predicting that a street protest would force the patrol to detour.
But over here, things have a way of turning out differently from the way you expected.
Yeah, I read the after-action report.
So what your telling me is, Staff Sergeant Mallory is a victim of bad timing? Bad timing, bad luck.
However you want to call it.
But when it hit the fan, Staff Sergeant Mallory did everything humanly possible to save Dwight Kanin's life.
Did you know who Dwight Kanin was? I was aware that he held a position of some importance in the Pentagon, ma'am.
That he was somehow involved in logistical support.
Did you think there was anything unusual about your orders to take him along, given Mr.
Kanin's position? Not really, ma'am.
My unit's been here Taking along civilian observers is S.
O.
P.
Of course, most of the time, it's just journalists.
So, again, you saw no particular problem taking Mr.
Kanin on your patrol? No, ma'am.
We took all the usual precautions.
Fantastic.
You'll want to put these on, sir.
Oh, great.
Hold on.
Ah Ah, this is great! Thanks, son.
Oh, Sergeant, do you mind? One for posterity? Not a problem.
Come join me.
Yeah.
There you go.
You'll be riding this vehicle Great! Mr.
Kanin.
Corporal Salazar here will have your back.
Pleasure.
All right, ladies, let's move out.
I placed Mr.
Kanin in the rear Humvee with Sergeant Walters, and I tasked Corporal Salazar with looking out for him.
According to the after-action report, you ran into a protest that blocked your route? That's right, ma'am.
You chose to detour around it, go to Sadr City? Yes, ma'am.
Why didn't you just turn back, return to the base the way you came? I decided that retreating wasn't necessarily the safest course of action.
Taking a detour was? Yes, ma'am, in my estimation.
What happened then? We got ambushed.
Mr.
Kanin was killed.
Lost Corporal Salazar, and Sergeant Walters lost his arm.
Sure you weren't just trying to impress a visiting dignitary, not backing down? You're a Marine, ma'am.
You should understand.
I was doing what I was trained to do.
I do understand, Staff Sergeant.
I just wanted to make sure you did.
Now it's our job to make sure the Members understand.
What do you have so far? Well, sir, the consensus of testimony would seem to indicate that Staff Sergeant Mallory is solely responsible for the decision that led to Dwight Kanin's death.
That's one man's opinion, sir.
You don't agree with Commander Rabb's assessment, Colonel? I think it's more accurate to say the chain of command believes that Staff Sergeant Mallory is a good Marine who ran into some bad luck.
Bad luck is another name for negligence, General.
Only if you ignore circumstances, context, the facts of the case Is that all? No, sir.
The reporter who broke the story said that he's heard scuttlebutt Dwight Kanin may have been deliberately exposed to danger.
This scuttlebutt indicate why Marines would purposely put a civilian in harm's way? They wanted to show him what it was like to fight a war, sir, without adequate personnel or equipment.
Either of you find any evidence of that? No, sir.
Not as of yet, General.
Then, as for now, it's just hot air.
Aye, sir.
Keep me informed.
Sir.
Petty Officer.
We should have the knob removed from the outside of that door.
I beg your pardon, sir? That knob.
Let's get rid of it.
But then you won't be able to open the door from the outside.
I'll be able to open it because I'll have a key.
You, on the other hand, will have no choice but to knock.
Uh, phones, sir.
There's the Senate Armed Services Committee counsel on line one, the SECDEF's EA on two and the White House Liaison on line three.
I'll take line three.
Tell lines one and two I'll call them back.
Thank you, Petty Officer.
Yes, sir.
I can't do anything right.
We're all walking on eggshells.
Yeah, but I'm right in the line of fire.
Sorry to keep you waiting.
General Cresswell will have to return your call.
Commander Rabb, Colonel MacKenzie, good to see you again.
You too, sir.
Congratulations on getting back to Iraq, sir.
Thank you, both of you, for your efforts that made it possible.
So, how do you enjoy working for General Cresswell? Well, we've spent all of ten minutes with the general, sir.
That should tell you everything you need to know.
When do you go to trial? Tomorrow morning, sir.
So how did Mr.
Kanin get into a combat zone? Because Staff Sergeant Mallory put him there, General.
Because Mr.
Kanin ordered him to do it.
Mr.
Kanin was not in the staff sergeant's chain of command, Mac.
He was an influential member of the administration.
It's good to see that nothing's changed.
Save it for the jury, counselors.
I had a visit from a journalist today.
Brad Holliman, sir? So he got to you, too.
We listened to what he had to say.
And what do you think? About Marines deliberately getting a civilian killed? I don't buy it, sir.
The men who serve under me have reason to be aggrieved.
They blame a lot of people back home for not giving them what they need to win this war.
Yes, sir.
I know.
I don't believe they would deliberately lead a civilian in danger, either, Colonel.
But I want you to prove it to me in case I'm wrong.
Captain Ellis, you instructed Lieutenant Howell to arrange a ride-along on a Marine mission for Dwight Kanin, is this correct? That's correct, Commander.
Is it unusual for a civilian to go along on such a mission? No, sir.
We entertain journalists and dignitaries often.
But you don't take them into a combat zone as Staff Sergeant Mallory did, is that correct? No, Commander, not if we can help it.
What was your understanding of the nature of this mission? It was supposed to be a routine street patrol of the Al A'Zamiyah district.
Please show us on the map, Lieutenant.
It's this sector here, sir.
Al A'Zamiyah's a mixed residential and commercial zone outside of Sadr City.
Our unit patrols A'Zamiyah with the objective of reporting any signs of insurgent activity.
We're also there to maintain a military presence as a deterrent.
Thank you, Lieutenant.
Have a seat, please.
Would you consider this a secure zone? As secure as it gets in Iraq these days, Commander, yes.
Now, the ambush took place in the Sadr City section of Baghdad, correct? That's correct, sir.
And that's what, about two kilometers from Al A'Zamiyah? Yes, sir.
Did you ever brief Staff Sergeant Mallory to take his Marine unit along with a visiting civilian dignitary into a hot zone? No, sir.
So, the decision to do so was made solely by the staff sergeant, is that correct? His patrol ran into a street demonstration, Commander.
Just answer the question, please, Lieutenant.
Yes, that's correct, Commander.
It was A negligent decision, which resulted in two unnecessary deaths.
Objection.
Facts not in evidence; leading; calls for an opinion.
Sustained, all grounds.
I have no further questions, Your Honor.
Lieutenant, what were Staff Sergeant Mallory's options? Push through the protesters, detour around them or turn back.
Now, we know the choice Staff Sergeant Mallory made, but what would you have done? Going through the protesters would have only aggravated matters, ma'am.
Detouring around them through Sadr City was risky.
Going back, to be honest, given our training, retreat is not an option Marines generally consider.
I suppose I might have done the same thing the staff sergeant did, ma'am.
Thank you, Lieutenant.
Lieutenant if you had been there, in the area, not just with Marines, but with an inexperienced, untrained civilian, would you have made that decision? Given those circumstances I don't know, Commander.
I might have turned back, sir.
Thank you, Lieutenant.
No further questions, Your Honor.
The government rests.
Morning, sir.
You're here early.
Not early enough.
I beg your pardon, sir? I got here at 0500, you know, figuring I'd beat the general in.
He's been here for hours.
He's watching the court-martial from Baghdad on a live feed.
Permission to speak freely, sir? Of course, Coates.
I don't understand what you're trying to prove with the general.
You're a great lawyer.
I'm trying to prove that Admiral Chegwidden didn't keep me around out of sympathy.
Uh, that will be all, Petty Officer.
Oh.
I could get that for you, sir.
I suppose you could drink it for me, too, Petty Officer.
Sergeant Walters, you drove the vehicle with Dwight Kanin in it, did you not? Yes, ma'am.
What happened when your patrol encountered the demonstration in the Al A'Zamiyah district? The street was filled with protesters, ma'am.
The path ahead of us was blocked.
Maybe we should turn around, Sergeant? Staff Sergeant Mallory will make the call, Corporal.
Can't we go around them? Detour would put us in Sadr City.
It can get ugly there, Mr.
Kanin.
What's the situation, Sergeant? We could turn back or we could push on.
Ah why not push on.
I'm not afraid of a little action.
What do we do, Sergeant? We push on.
Let's gear up! Let's go.
So Staff Sergeant Mallory did consider other alternatives? Oh, yes, ma'am.
What happened next, Sergeant? Well, we got back on the road, ma'am.
Why don't we put you in the back, Mr.
Kanin.
It's a little safer back there.
Okay, and hustle up, get back there.
What are you doing? Sandbags for IEDs.
Improvised explosive devices.
They'll rip the hell out of this Humvee.
Oh, uh, Sergeant? That's okay, sir, you keep yours on.
What's that for? Bullets and shrapnel.
They go right through the vehicle.
A vest only protects so much.
You're vulnerable from the side.
It's like the sergeant said, sir, we're a little light on armor here.
This is the best we can do.
Let's move out! We turned off the main road to avoid the protesters and entered Sadr City.
We found ourselves on a narrow commercial street surrounded by locals.
Most of them afraid, but not all of them.
We didn't get far before an IED was detonated under our six-by.
We were caught in the crossfire.
We took cover as best we could; we gave as good as we got.
Staff Sergeant Mallory and Corporal Salazar dragged Mr.
Kanin to safety, ma'am.
Staff Sergeant Mallory put the civilian in the best cover we had- Corporal Salazar there to keep his head down.
Just one problem- in the confusion, the corporal never had a chance to get his flak jacket on.
One shot.
Corporal Salazar went down.
I saw Kanin panic Kanin! so I jumped him before he could run into the crossfire.
Stay down! I didn't figure on what came next.
Last thing I saw was Kanin going down.
There was nothing any of us could've done for him after that.
In your opinion, would Mr.
Kanin have been safe had he stayed where Staff Sergeant Mallory positioned him? I believe so, ma'am.
Staff Sergeant did everything he could to keep Mr.
Kanin alive.
Thank you, Sergeant, for your testimony and for your valor.
Sergeant, did Staff Sergeant Mallory resent being forced to take Dwight Kanin out on patrol? Objection.
Calls for speculation.
Sustained.
Sergeant, did you resent having Dwight Kanin along on patrol? Yes, sir.
A little.
Do you believe that Dwight Kanin's unwanted presence on patrol influenced the staff sergeant's decision to proceed with his unit into a dangerous area? Objection.
Speculation.
Sustained.
I have no further questions, Your Honor.
Your Honor, the defense calls Staff Sergeant Timothy Mallory to the stand.
Staff Sergeant, why didn't you abort the mission when you saw your way was blocked here? I thought proceeding through Sadr City was the best plan, ma'am.
Why? It was the shortest route back.
Shorter than going back the way you came? At that point, yes, ma'am.
Weren't you worried about hostile activity? There hadn't been any serious activity in that sector in over a week.
I believed it was safe.
As it turns out, I was wrong.
I regret that, ma'am.
I always will.
When the ambush happened, Staff Sergeant, did you feel Dwight Kanin was adequately protected where you left him with Corporal Salazar behind the vehicle? Yes, ma'am.
And if he'd stayed there, he'd be alive today? Objection.
Counsel is testifying, Your Honor.
Sustained.
Do you have a question, Colonel? I do, Your Honor.
Staff Sergeant Mallory, putting aside, for now, what we know happened on this patrol, do you believe you acted in accordance with your Marine Corps training in taking the initiative to lead Mr.
Kanin and your men out of harm's way in the best way possible, with the least potential for casualties? Yes, ma'am, I do.
Thank you, Staff Sergeant.
Staff Sergeant, you stated you chose to go through Sadr City because you felt you and your men could get through.
That's correct, Commander.
Well, what about Dwight Kanin? Not sure I follow, sir.
An inexperienced, untrained civilian taking fire in a combat zone, he didn't stand much of a chance, did he? Objection.
Argumentative.
Sustained.
What's the real reason you chose to take a civilian into a hot zone, Staff Sergeant? Objection! It goes to motive, Your Honor.
Overruled.
The accused will answer the question.
Like I said, I thought it was our best chance.
What, to get out of there, or give Dwight Kanin a taste of combat? Come on, Staff Sergeant! Do you expect us to believe you didn't take advantage of that situation? You were frustrated by the lack of adequate supplies, armor, artillery.
You were vocal about it on many occasions.
Now, here was a man in a position to change all that.
You didn't take advantage of that? Just didn't understand, sir.
Why, because he was a civilian? No, sir.
Because he was uneducated about our situation over here, sir.
Did you intentionally expose Dwight Kanin to hostile fire, Staff Sergeant? I had no intention to harm the man.
In fact, just the opposite, sir.
I thought if he saw what we face every day, he'd go back to Washington and tell people what's really going on.
It didn't turn out that way, though, did it? No, sir.
But I never meant to get the man killed.
So you admit you got him killed? No, sir.
That is not what I meant.
You didn't intend to get Corporal Salazar killed, either, did you? I have no further questions, Your Honor.
Salazar would be alive today, if it wasn't for Kanin.
He had no business being here.
He sent us to fight a war.
Fine.
Give us the equipment, let us fight it, and stay the hell out of our way.
Will the accused please rise.
The president will publish the finding.
Staff Sergeant Timothy Mallory, United States Marine Corps, on the charge and specification of involuntary manslaughter by culpable negligence, this court-martial finds you guilty.
This court-martial will reconvene at 0900 tomorrow for the penalty phase of this trial.
Thank you, sir.
Penalty phase is tomorrow, so let's concentrate on that.
Come in.
Sir, I just want you to know I made a fresh pot of coffee, in case you'd like to get yourself a cup.
Have a seat, Petty Officer.
You've been in some trouble.
Yes, sir.
Three years ago last Christmas, you were brought up on charges for going UA and impersonating Santa Claus.
Yes, sir.
In order to steal the cash bucket.
Are you a thief, Petty Officer? I was, sir.
Not anymore.
Why not? Commander Rabb, sir.
He showed me the straight path and I ended up a legalman on the USS Seahawk, and then became the admiral's aide.
The commander did all that? This may sound strange, sir, but it was the first time anybody had trusted me in a long time.
It changed the way I felt about myself.
I give extra points to a sailor who can dig herself out of a hole the way you did.
Thank you, sir.
Does that surprise you? A little.
Good.
I take my coffee Black- yes, sir, I know.
Were you in the habit of finishing Admiral Chegwidden's sentences, Petty Officer? Sort of, sir.
Well, that ends now.
We clear? Yes, sir.
Good afternoon, Commander, Colonel.
Good afternoon, sir.
Sir.
These officers have come to me.
They would like to testify in the penalty phase of Staff Sergeant Mallory's court-martial.
The government will welcome their input, sir.
Actually, Commander, we'd like to testify in mitigation for the accused.
Respectfully, Colonel, if you and your fellow officers felt you had something to add, why didn't you come forward during the findings phase of Staff Sergeant Mallory's court-martial? Sometimes situations that are not obvious at first become clear with time and context.
The accused may present matters in extenuation and mitigation to be considered by the court in deciding a sentence.
You may proceed, Colonel MacKenzie.
Colonel Atwater, what was the purpose of Dwight Kanin's visit? To get a firsthand glimpse of the war he supported.
So he was here as a government observer, not a tourist? Correct.
Although he certainly acted like a tourist in my presence.
Thank you, Colonel.
I really appreciate you making time for me.
Well, Captain Ellis will make your arrangements with First Battalion.
I'll leave you in his capable hands.
Thank you, sir.
Oh, hang on, Colonel.
Son, can I prevail upon you? Sure thing, sir.
I need a picture.
Make sure that you get the flag in the background.
We need to scooch over a little bit? Great, great.
Thank you, son.
Thank you, Colonel.
Let's go.
Colonel, what was your personal attitude toward Mr.
Kanin at that time? I disapproved of Mr.
Kanin's presence in our theater.
I didn't get the impression that he was searching for facts to aid his policy recommendations.
I felt he'd come here for photo ops with the troops, maybe some cheap thrills.
Did you convey any of that attitude to Captain Ellis? Not in so many words, but I think I made my opinion of the man clear.
I told Captain Ellis "Get that chicken hawk out of my sight.
" I didn't want anything more to do with him.
Thank you for your candor, Colonel.
Your witness.
Colonel, you have chosen to testify in mitigation on behalf of Staff Sergeant Mallory, sir.
Why? Because it's the right thing to do.
Respectfully, Colonel, are you sure you're not just trying to assuage a guilty conscience by coming to the rescue of a young marine staff sergeant? Objection- counsel is testifying.
I'd like to answer the question.
I'd like to hear the answer.
If I have a guilty conscience, there's a reason, Commander.
It wasn't till yesterday, hearing this young marine staff sergeant express his desire to teach Mr.
Kanin a lesson, that I realized that I share responsibility for what happened.
But you weren't there, Colonel.
You did not order Staff Sergeant Mallory to transport Dwight Kanin into a combat zone, sir.
No, no, but I did suggest to my subordinates that Mr.
Kanin needed to be educated as to our predicament over here.
I didn't give an order, but my feelings were known.
Words have an effect.
As a leader, I know that.
But I didn't realize until now just what kind of consequences could result.
Captain Ellis, did you share similar disdain toward Dwight Kanin as that expressed by Colonel Atwater? Yes, Colonel.
I was offended by Mr.
Kanin's request to go on a "real mission with real marines.
" It was demeaning, especially to the young men and women who put their lives on the line to serve their country.
I also felt it demonstrated a complete lack of awareness of the realities of a war Mr.
Kanin was known to champion.
Did you express this sentiment to anyone in your command? I did.
I spoke to Lieutenant Howell about it.
Would you please be specific and tell the court your exact words to Lieutenant Howell? I told Lieutenant Howell that Mr.
Kanin should be careful what he wishes for, Colonel.
Anything else? I told Lieutenant Howell that if Mr.
Kanin ever saw action, he'd go home with a new pair of shorts on, ma'am.
Why choose to come forward now to testify on behalf of Staff Sergeant Mallory? It wasn't until yesterday that I realized the full impact of what I had said; how a vague spoken desire can turn into a young marine's command decision in the field.
Lieutenant, how did you interpret Captain Ellis' statements to you about Dwight Kanin? That we should scare the crap out of the civilian, ma'am.
Excuse my language.
Did you tell Staff Sergeant Mallory to scare the crap out of him? I didn't quite phrase it that way.
Look, this Kanin thinks it's a video game over here.
Show him what it's really like.
Yes, sir.
By which you meant what, Lieutenant? Give Mr.
Kanin a taste of what life is like over here in the hope he might return to D.
C.
with a new appreciation and maybe some new policy views.
That's not what happened, though, is it? You gave him a little more than a taste and now Dwight Kanin is dead, as is Corporal Salazar, and Sergeant Walters has lost his arm.
That's not what you intended, is it? No, Commander.
But all the same, I bear no small measure of responsibility, sir.
And I'll regret to my dying day that my lack of clarity in issuing instructions resulted in this tragedy and put Staff Sergeant Mallory in the position he's in today.
General Watson, at whose request do you appear in this courtroom today? My own.
Sir, you are the convening authority for this court-martial, are you not? I was.
I turned that duty over to a backup convening General Hansen.
May I ask why, sir? So that I may testify.
Are you personally acquainted with the defendant, Staff Sergeant Mallory? I am not.
Are you familiar with the details of this case, sir? I am, including the fact that Staff Sergeant Mallory performed with courage under fire.
Sir, do you believe there is a problem in your chain of command? Systemically, I do not.
The personnel who serve under me strive daily to do their best under difficult circumstances.
Do you believe Dwight Kanin's death resulted from a singular failure in your chain of command? Yes, I do.
What was that failure, sir? Officers allowed their dislike of Mr.
Kanin to color orders that were given to subordinates.
Orders were given that were vague and ambiguous.
Why do you think that happened, sir? There are a multitude of reasons, but two come to mind: Mr.
Kanin represented a branch of the civilian leadership that has complicated and compromised the mission of the Marine Expeditionary Force.
Also, his personal attitude was one of disrespect for the fighting men and women.
So when Staff Sergeant Mallory, in a flash of a second, had to decide a course of action, I believe that he chose the wrong one.
But there are many who, if in his place, would have made the same choice.
Does that excuse his actions? No.
Does that put his actions into context? Most definitely, yes.
Thank you, General.
No further questions.
General, would an order to jeopardize Dwight Kanin's life be unauthorized? Yes.
So, then, if the staff sergeant believed he had received such an order, it would be his duty to disobey it.
That could be argued.
Is that a yes or no, General? In hindsight, yes.
Thank you, sir.
No further questions.
Defense and counsel will rise.
Staff Sergeant Timothy Mallory, the court members have sentenced you to six months confinement at hard labor, reduction in rank to lance corporal, and forfeiture of all pay and allowances for six months.
However, this court recommends that the convening authority postpone executing the sentence pending review of the testimony taken in these proceedings.
In the opinion of this court, the deaths of a civilian and a marine and the maiming of another marine may have been the direct result of a breakdown in the chain of command, resulting in the issuance or appearance of unofficial orders as interpreted by Staff Sergeant Mallory.
This court does not believe that Staff Sergeant Mallory should be held solely responsible for the consequences of his actions, and this court recommends that further investigation of the events surrounding this incident is indeed merited.
This court is adjourned.
Sir.
Thank you both.
General, what you did in there took guts, sir.
It takes guts to face an RPG.
Admitting failure hardly rates a mention.
It is my fervent hope that I won't see either one of you anytime soon.
Aye, aye, sir.
Colonel, Commander.
Impressive performances in there.
Either of you want to go on camera? No comment.
No, thanks.
You do realize that I am the one that pointed you in the right direction? And for that, we'll always be grateful.
The staff sergeant only received six months and no discharge.
You disappointed with that sentence, Commander? No, and you can put that on the air, if you'd like.
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