An attorney defends a Marine officer (Terry Childers) on trial for allegedly ordering his troops to fire on unarmed civilians after they stormed a U.S. Embassy in Yemen.
************* Opening statements **********
Prosecution: Look closely at this picture, why did a well trained, fighting unit have to slaughter unarmed men, women and children when their orders were simply to protect and if necessary, evacuate the embassy? The answer is they didn't. They were ordered to open fire and that order came from one man, Colonel Terry Childers, who stands trial here today, a day of sadness, a day when America has to accept responsibility for its failures as well as its glories. We will show you that the accused, through his mind sets and his actions, ignored the rules of engagement and went far beyond the scope of his authority to intentionally order the murder of eighty-three innocent people.
Defense: I was the last person to enter the courtroom this morning, I was late, I was throwing up and I was throwing up because I don't know if I can handle this job. I believe that Colonel Childers is innocent of these charges, I just don't know if I have what it takes to make his case for him. I'm just simply not on the same page as Major Briggs, Major Biggs here as a lawyer, we all know that. So why did I take this job? I took this case because Terry Childers told me I would have done exactly the same thing as he did. I took this case because I know Terry Childers, his word is his bond. He told me he did what he had to do. Now I hope I don't let him down. We sent Terry Childers out on a very tough mission. And when it went bad, he did everything he could to save the lives of his marines, to save the lives of the embassy people, who turn around and blame the whole mess on him. Send him to prison possibly for the rest of his life. That's not fair, it's not right. It is what made me sick this morning.
***************** direct of Ambassador Mourain *********
A: It was a large crowd, there was a lot of commotion, the noise was very unsettling. But it was a very peaceful crowd, that is until Colonel Childers arrived and prevented me from pursuing further avenues of diplomacy.
Q: Did Colonel Childers force you to leave the embassy?
A: Yes, he charged in, he started pushing us around. He physically restrained me from doing my job.
Q: And what was his state of mind during this time?
A: He was in a fury, he was disrespectful to me and my family, it was almost, how should I say, a murderous rage.
Q: Do you remember what he said?
A: I remember he said something like, diplomacy is bullshit at this point and that nobody fucks with the American flag, those were his words.
PROS: Thank you Ambassador, no further questions.
**************** cross ***************
Q: Do you believe that an American Embassy on foreign soil is sovereign United States territory?
A: As a general principle, yes.
Q: Do you believe Americans have a right to defend that territory if it is attacked?
A: Yes, if it is in fact attached.
Q: Would you have expected Colonel Childers to have surrendered to the attacking crowd or to fight them?
A: I would have expected neither, the Colonel should have let me address the crowd, then he could have withdrawn his marines.
Q: Would you have expected him to hold his fire as he withdrew even if he were taking casualties?
A: To the extent possible.
Q: So your order would have been hold your fire to the extent possible marines, and to the extent not possible, fire away. Ambassador, this photograph is exhibit C. What is that?
A: It is a security camera.
Q: Is it mounted on the roof of the embassy and is it pointed directly down to where the crowd had gathered?
A: I would suppose so.
Q: Yes or no please.
A: Yes.
Q: Is it in operation twenty-four hours a day?
A: I suppose so.
Q: Yes or no?
A: Yes.
Q: Do you suppose there is a taping system attached to this camera?
Prosecution: Your honor.
Judge: Colonel.
A: Yes.
Q: Where is it then?
A: It is my understanding that if there were tapes, undamaged tapes, they would be sent to the State Department.
Q: Undamaged tapes?
A: Well, there was destruction and looting after the killing.
Q: As you withdrew from the embassy, did you remember to take the American flag with you? Did you remember to take the American flag sir?
A: Of course.
Q: Where is that flag now?
A: I brought it home and returned it to the State Department.
Q: It was shot to shreds, wasn't it?
A: By the snipers, yes.
************ direct of Captain Lee ********
Q: Captain Lee, you were in command of the trap team and the second ranking officer under Colonel Childers on the Yemen mission.
A: Yes sir.
Q: And you were on the roof of the embassy, were you not?
A: Yes I was.
Q: Colonel Childers ordered you to open fire immediately after Sargent Crassovich was shot, is that correct?
A: Yes.
Q: But Crassovich was not shot by the demonstrators was he?
Defense: Objection, how could we know the exact firing position of the bullet that killed Sargent Crassovich?
Judge: Sustained. Counsel refrain from leading the witness.
Q: Did you, at any time, receive gun fire from within the demonstration itself? Captain?
A: I can't remember any fire from the demonstrators. To my knowledge, that is, sir.
Q: You killed the wrong people, didn't you? You should have been firing at the snipers across the way, isn't that correct?
Defense: Objection, calls for speculation.
Judge: Sustained.
Q: You shot at people who were demonstrating peacefully, who were not using deadly force?
Defense: Your honor, that's not in evidence.
Judge: Sustained, Major, I'm not going to warn you again.
Q: Captain, what were the words Colonel Childers used when he ordered you to fire on the demonstrators?
A: I don't remember the exact words sir. He ordered me to open fire.
****************** cross *******************
Q: When you obeyed Colonel Childers' order to open fire, did you believe it to be a lawful order?
A: Yes sir.
Q: Otherwise it would have been your duty to disobey, is that right?
A: Yes sir.
Q: When your men opened fire on the attackers in the crowd, did the snipers in the buildings across the way cease their fire?
A: Absolutely sir, it went completely quiet.
Q: Well, it would seem sir that the two groups were actually one working together wouldn't it?
Prosecution: Objection, counselor is drawing conclusions for the witness.
Judge: Sustained.
Q: Were you in a position to observe Colonel Childers when everyone was evacuating?
A: Yes sir, I was.
Q: What was the last thing you saw him do?
A: He went to the flag pole.
Q: Then what did he do?
A: He took down the American flag.
Q: Was he personally under heavy fire at that time?
A: Yes sir.
************ redirect *************
Q: Captain, prior to receiving orders from the accused to open fire, where was the point of greatest concern for the safety of your men?
A: I'm not really sure.
Q: You're not sure?
A: I guess . . .
Q: Don't guess, I'll repeat the question for you. Was the point of greatest concern the crowd below or the snipers across the way?
A: I would have to say the snipers.
Q: Did you feel an immediate mortal danger from the crowd as a whole?
A: I don't understand.
Q: You don't understand.
A: No sir.
Q: Let me help you. Were you more worried you'd be killed by these people or by these people.
A: I don't know sir, I wasn't thinking about that. Have you ever been under fire?
Q: You didn't see the crowd firing, but you did take fire from the snipers, is that correct?
A: Yes.
**************** direct of Dr. Ahmar ************
A: Our clinic is not far from the embassy so I was one of the first to arrive there.
Q: Did you see any weapons on the bodies of the dead?
A: No.
Q: Did you remove any weapons from the people you were treating?
A: No.
Q: Not a single weapon anywhere among the victims?
A: No, no weapons.
Q: In your opinion, is Yemen a training ground for terrorists?
A: No, not at all.
*************** cross ****************
Q: We met in Yemen. You encouraged me to tour your clinic in order to witness the suffering caused by Colonel Childers' orders, do you remember that?
A: Yes.
Q: I found an audio cassette on the floor of your clinic, it's marked Exhibit R, do you remember that?
A: Yes.
Q: I found another one inside the embassy, in fact I found several others, they are all marked Exhibit R. Will you translate the writing on the outside of that cassette please.
A: Declaration of Islamic Jihad against the United States.
Q: These audio cassettes are used for the purposes of religious and political propaganda due to the high illiterate rate in Yemen, is that correct?
A: Yes.
Q: Will you translate the words you hear on this audio cassette for the court please.
A: We call on every Moslem who believes in God and hopes for reward to obey God's command.
Q: Dr. Ahmar does it say what God's command is?
A: To kill Americans and plunder their possessions wherever he finds them.
Q: Go on please.
A: To kill Americans and their alleys both civil and military is duty of every Moslem who is able.
Q: To kill Americans is a duty, is that what it says?
A: Yes.
************* redirect **************
Q: Do you recognize the voice of the speaker?
A: No.
Q: Dr. Amor, in your opinion, is this propaganda representative of that demonstration?
A: No, I'm not a member of Islamic Jihad. The crowd was singing songs, I helped them from my clinic.
**************** direct of Sokal (state department) **********
Q: What was your reaction when you learned that Colonel Childers had been selected to lead this mission?
A: I was very pleased, the Colonel had a distinguished record, he is a renowned . . .
Q: How did you define his mission?
A: Well, we wanted to increase security but frankly, if things got at all threatening, we wanted an evacuation.
Q: So you weren't looking for confrontation?
A: That's what we wished to avoid at all costs.
Q: And what was your reaction to what happened?
A: I was stunned, appalled.
************ cross **********
Q: Wasn't the severity of the problem at the embassy understated?
A: Absolutely not. We operated on the information we had at the time.
Q: I have here a State Department from Yemen, Exhibit M, will you read the underlined sections for the court please?
A: Certainly. January 25, grenade thrown at police car. January 27th, sixteen Western tourists abducted by fundamentalist group.
Q: Go on please.
A: February 6th, a bomb explodes in a car parked near a school. February 20th, stun grenade thrown at newspaper kiosks near police station, March 13th, a military officer is seriously wounded by Yemen's first donkey bomb, explosives were apparently concealed under the saddle.
Q: Thank you. I have another State Department dated 17 November, it's from the Ambassador to you. Will you read this for the court please?
A: Dear Bill, please we must revisit our previous conversation, in that the security measures we have taken are still inadequate for the protection of our mission to Yemen. You have to understand that when I received . . .
Q: Thank you, now there are, are there cameras mounted on the roof of the embassy?
A: Yes.
Q: Are they designed to observe and record activities in the public space outside the embassy?
A: Yes.
Q: Where are the tapes?
A: It is my understanding the embassy was looted, maybe the cameras were destroyed.
Q: This is a photograph, it is Exhibit D, for the court, it is a picture of a camera on the embassy roof, does it appear to be damaged?
A: No.
Q: Where are the tapes?
A: I don't know.
Q: Don't you think the United States owes it to Colonel Childers for thirty years of service to find that tape and produce it here?
Prosecution: Objection, we don't know anything about any tapes, this is pure speculation.
Judge: Sustained.
Q: This is a shipping manifest, it is Exhibit O, there is a list of items that were removed from the embassy during the evacuation and shipped to the State Department. Will you read line 6 please?
A: Video tape from security camera, VHS 1.
Q: Were you too busy to look at those tapes or you just didn't care.
Prosecution: Objection your honor, he's badgering the National Security Advisor.
Judge: Sustained, counselor please proceed carefully.
Q: Where are those tapes?
Prosecution: Objection, asked and answered.
Q: Yes, right. Don't you think it's funny that a tape that could exonerate my client is missing?
A: I don't think it's funny at all.
Q: Mr. Sokal, withholding evidence is a very serious crime.
Prosecution: Objection.
Judge: Sustained, counselor please rephrase.
Q: Withholding evidence to frame a United States Marine is no less evil than charging my client with murder. Where are those tapes?
A: Colonel, I turned over all materials in my possession to Major Biggs.
Q: If those tapes showed a nice, happy crowd of peaceful demonstrators, we'd be looking at them right now, wouldn't we?
Prosecution: Objection, this is contempt.
Judge: Colonel, this is your last warning.
Defense: It was a new security system, the cameras were pointed down at the crowd, tapes were recorded and those tapes were sent to the State Department, now why are those tapes not here?
Prosecution: Objection your honor, I've seen no such tapes.
Q: No further questions.
*************** redirect *************
Q: There are no tapes showing the crowd firing weapons?
A: None that I'm aware of.
Q: And the government has turned over all of its evidence?
A: Of course.
Q: Colonel Hodges has gone to some length to have you read security reports illustrating violence in Yemen, has he not?
A: Yes he has.
Q: Here is today's Washington Post, will you read those headlines that I've underlined from today's Metro section?
A: Agent kidnapper killed in rescue of business man's son. Bomb threat evacuates Museum of Natural History. Officer chases truck driver, fires thirty-eight times. Husband shoots wife, himself in street.
Q: Mr. Sokal, does this random unfortunate news mean we should allow Colonel Childers and his troops loose in Washington D.C.? Don't answer that, thank you Mr. Socal.
*********** defense direct examination of accused **********
......I was proud of my Marines, they showed remarkable discipline.
Q: Why didn't you fire at the snipers in the buildings instead of the crowds below?
A: Because I believed we were in greater danger from the crowd.
Q: Was that crowd firing at you?
A: Yes.
Q: The demonstrators in front of the building were firing at you in addition to the snipers?
A: Yes.
Q: Why didn't anybody else see the crowd firing?
A: Well my men were under cover on the roof except for Sargent Crassovich who was on an observation post.
Q: And why isn't he here testifying on your behalf today?
A: Because he was killed in action, he died in my arms.
Q: So you were the only man left in a position to observe that crowd?
A: Yes.
Q: Where else have you been in combat Colonel?
A: Beirut, Vietnam, Panama, the Persian Gulf.
Q: Can you identify that blue and white ribbon on your uniform?
A: It's the Navy Cross.
Q: Do you remember the commendation that accompanied that medal?
A: For conspicuous gallantry in the face of great personal danger, reflecting great credit upon himself, the United States Marine Corp. and the Naval Service.
Q: Your witness.
**************** cross **************
Q: Colonel, you gunned down more than eighty people. You wounded another hundred or so. Could this have been motivated by a desire for retaliation?
A: I was protecting my men.
Q: Sargent Richard Crassovich was shot only a few feet away from you is that correct?
A: Yes.
Q: And after Sargent Crassovich died, you ordered open fire on the crowd, is that also correct?
A: I was taking fire. There were weapons in that crowd.
Q: Well, you wouldn't shoot unarmed people, would you?
A: No I would not.
Q: Even in the heat of battle?
A: No.
Q: This is Exhibit F, will you please read the following to the panel.
A: Rules of engagement during conflict in urban areas. 1. If possible, the enemy will be warned first then asked to surrender.
Q: Colonel, did you warn the enemy?
A: We arrived by helicopter, we were standing on that roof armed.
Q: Did you warn them either by shots into the air or by loud speaker?
A: No.
Q: I'm sorry, no you did not warn the crowd?
A: Yes, no I did not warn the crowd.
Q: Oh, continue Colonel, you seem to know them by heart.
A: Deadly force is the last resort.
Q: Go on.
A: 3. When possible, try to arrange for the evacuation of civilians prior to any U. S. attack.
Q: Did you do any of that Colonel? Try to evacuate the innocent people before you slaughtered them?
Defense: Objection, that's inflammatory.
Judge: Rephrase Major.
Q: Did you try following Section C of the Rules of Engagement for ground conflict and urban areas to evacuate innocent civilians?
A: No.
Q: No. I just have one more thing Colonel. Did you have to repeat your orders to Captain Lee?
A: I'm sorry?
Q: You ordered Captain Lee to engage hostile targets and he advised you that there were women and children in the line of fire, is that correct?
A: Well he couldn't see. . .
Q: Yes or no Colonel, did he follow your first set of orders?
A: I don't remember.
Q: Captain Lee is on record as saying he hesitated and mentioned the snipers in the building, is his testimony accurate?
A: I don't remember.
Q: Let's get this straight, you evacuate the Ambassador, you go back to the roof, two of your marines are KIA, a third, Sargent Crassovich dies, you give your Captain an order which he doesn't follow, in fact he questions, and then you said what?
A: I don't remember.
Q: You don't remember what you said next?
A: It was combat, not some training exercise.
Q: A moment later your men were shooting, what did you say to make that happen?
A: I don't know.
Q: You must have said something, Captain Lee reversed himself. What did you say?
A: I don't know the exact words.
Q: Let me help you . . .
Defense: Your honor,
Q: You said "waste the mother fuckers", didn't you.
A: No, no, no.
Q: You didn't say it?
A: Well it all happened so fast.
Q: You're under oath Colonel. Let me refresh your memory. This is Exhibit Q, a tape recording made aboard the U.S.S. Wake Island of all radio communications made that day, including your exact words. Your honor, with your permission, I would like to play this tape.
A: Well if you got it on tape then that's what I said. They were killing my Marines, so yeah, I said it, Waste the mother fuckers.
Q: Are these the mother fuckers? (holding photo)
Defense: Objection.
Judge: Overruled.
A: Yes.
Q: And these?
A: Yes.
Defense: Objection.
Judge: Overruled.
A: Yes.
Q: Are these the mother fuckers that you ordered to be wasted?
Defense: Your honor?
Judge: Major?
A: Yes.
Q: The crowd in front of the embassy had no weapons, did they Colonel?
Defense: Objection. We found no sniper weapons either.
A: Yes they had weapons. You think there's a script for fighting a war without pissing somebody off. Follow the rules and nobody gets hurt? Yes innocent people probably died, innocent people always die but I did not exceed my orders.
Q: There are rules and Marines are sworn to uphold them.
A: I was not going to stand by and see another marine die just to follow those fucking rules.
Judge: Colonel!
Defense: Your honor, I request a recess.
Judge: Major?
Prosecution: The Government is finished with Mr. Childers your honor.
Judge: Alright, you have your recess.
*********** rebuttal witness, Col. Binh Le Cao from the Vietnamese army ********
Prosecution: Your honor, the government calls Colonel Bin Lee Cow as a rebuttal witness.
Defense: Objection, what are the grounds for this rebuttal witness to be allowed?
Judge: Will counsel please approach the bench? Who is Colonel Bin Lee Cow?
Prosecution: He was a North Vietnamese veteran who fought against Colonel Childers at the battle of Calou, what he has to say directly refutes statements made by Colonel Childers.
Judge: When was the battle of Calou?
Prosecution: 1969.
Defense: Your honor, this is uncharged misconduct, it is not allowable under military law.
Judge: Well how do you know this witness is going to charge misconduct?
Prosecution: He knows because he was at the battle of Calou.
Judge: Is that true?
Defense: Yes sir.
Judge: On what grounds are you calling your witness?
Prosecution: Colonel Hodges made Colonel Childers' combat experience part of his defense. Furthermore, Colonel Childers testified that he never shoots unarmed people. My witness has an important perspective on that statement.
Judge: I'm going to allow the witness.
Bailiff: Do you swear or affirm that the evidence you shall give in this case shall be the truth, the truth and nothing but the truth so help you God?
A: Yes I do.
Q: Will you please state your name for the court?
A: My name is Ben Lee Cou.
Q: In 1968 you were a Colonel with the North Vietnamese Army, B3 Regiment, involved in a fight with American Marines at Calou in the Kong Sheu Province?
A: Yes I was.
Q: Will you tell the court about that battle?
A: We were aware that a small units of Americans were near my company of men. We found ourselves behind your forces. This was lucky for us because we were outnumbered.
Q: Do you recognize this man?
A: Yes.
Q: Did he capture you and your radio operator that day?
A: Yes.
Q: Did he remove your weapons and place you under armed guard?
A: Yes.
Q: Did you consider yourself a prisoner of war?
A: Yes.
Q: Did he execute your radio operator?
A: Yes.
Q: You personally saw him shoot a fellow prisoner of war?
A: Yes.
Q: Where did he shoot him?
A: In the head.
Q: Thank you no further questions.
*************** cross **************
Q: Were your men annihilating that platoon of marines?
A: Yes.
Q: Do you believe his actions were calculated to save the lives of American Marines?
A: Yes.
Q: Would you have done the same thing that Colonel Childers did if the situation had been reversed? Colonel Cao would you have shot a captive American radio operator in the head if you thought it would persuade Colonel Childers to spare the lives of your own men?
A: Yes.
Q: No more questions.
*********** closing arguments
Prosecution: Colonel Terry Childers is a decorated war hero, a trusted leader of American Marines and I wish that was all there was to it. Unfortunately, there
are eighty-three dead, Yemen citizens, many of them women and children. Colonel Hodges would have you believe that this crowd was armed. He would also
have you believe that there is a video tape proving this to be true. There is no tape exonerating Colonel Childers. There is no evidence exonerating Colonel
Childers. Is Colonel Childers a man capable of killing defenseless, unarmed people. Is he capable of executing POWs with his own hand? Unfortunately, I'm
afraid that he is. We've heard the sad testimony of Colonel Childers' barbarism first hand. You've even heard Colonel Childers' own admission that his desire
was to waste them regardless of who they were. Now, we are faced with a difficult prospect of convicting one of our own. None of us wants to do this, but
you've heard the facts, it is unavoidable. Colonel Terry Childers ordered the senseless slaughter of a peaceful crowd. Now, as Marines, we do not get the
luxury of covering up our mistakes. We must air them, thereby insuring that they never happen again. Thank you.
Defense: That is sovereign United States territory as much as if it were in Ohio or Maryland. Colonel Childers didn't volunteer to go over there, he was ordered
to go over there because he was the best man for the job. We armed him, we trained him, we sent him over there to risk his life to save other Americans and
then ask him not to return fire. There are over three hundred bullet holes in this building. Colonel Childers didn't open fire, he returned fire. And he waited
until after three of his Marines were dead and another lay mortally wounded. He waited until he was personally under heavy fire. He waited until he saw that
crowd holding weapons, only then did he order his men to return fire. Under the Rules of Engagement, a civilian pointing a weapon is no longer a civilian and
the use of deadly force is authorized in order to save lives. It's not murder, it's combat. Colonel Childers is the only man alive who was in a position to see that
crowd, but the camera on the Embassy roof had the same point of view. The Government would have you believe there is no tape from that camera. I have
shown you that that tape was delivered to the State Department, do you believe that that tape got up and walked out of the State Department on its own? By not
producing that tape, the National Security Advisor, Mr. Sokal, has brought dishonor into this court. Without that tape, I cannot show you that the crowd fired
first and that Colonel Childers is innocent. But without that tape, they cannot prove beyond a reasonable doubt that he's guilty. Here's my case, it's all I've got.
Thirty-two years of service, thirty-two years of heroism as a United States Marine, regardless of what you decide here, Colonel Childers' career as a marine is
over. He will never again command men in combat. The Ambassador and his family are alive today because of him, and I know how the Ambassador feels
because he saved my life too. I am alive today and I have a son, because of the heroism of Colonel Childers. To ask this man to risk his life for his country, to
ask this man to watch his Marines die in his arms and call it murder when he's defending himself, to call it murder to fire back when he's being fired upon, to
call it murder for saving the lives of his countrymen under the most extreme of circumstances, that's . . . my fellow Marines. . .that's hanging him out to dry ...
it's worse than leaving him wounded on a battle field. That is something you do not do if you are a United States Marine, and it is something I pray to God you
won't do here either.