In the fourth trial, Kaffee pressed Kendrick step by step, forcing Kendrick into a complete panic.
Kaffee began with the previous case of another soldier, Bell. During Bell's Code Red punishment, Dawson, unable to watch him starve, gave Bell food, which ultimately led Dawson to be punished. Dawson had always held only the rank of Lance Corporal, never becoming a Corporal. That lesson made Dawson realize that in the military, one cannot disobey orders. Kaffee, through a series of tightly linked questions, forced Kendrick to admit all of this, admitting that ever since that incident Dawson absolutely would never disobey orders.
Therefore, Kaffee deduced that if Kendrick had ordered Dawson to carry out a Code Red on Santiago—the very man Dawson had always protected—Dawson would not have disobeyed. Although under the prosecutor Ross's intervention Kendrick did not answer, it was obvious he had collapsed in defeat, utterly embarrassed under Kaffee's powerful momentum.
This trial allowed the defense to recover some ground, but bad news followed one after another. First, Jessup's claim that the six a.m. flight the next morning was the first flight out was confirmed. The flight Markinson said had left seven hours earlier for Andrews Air Force Base could not be found in the flight logs. After Kaffee checked with Markinson, it was confirmed Jessup had altered the flight logs at both Guantanamo and Andrews.
Then, wracked with guilt and a need for atonement, Markinson realized Jessup was about to be promoted to head of the National Security Council. Jessup could cover up everything with a single hand. Even if Markinson testified, nothing would change. So Markinson chose suicide.
Finally came the fatal blow. Downey was caught by prosecutor Ross in a contradiction, admitting he had never directly received the Code Red order on Santiago from Kendrick but had gotten the order from Dawson. This drove the case into a dead end, because Dawson was the only person who could prove Kendrick had given the order, and Dawson just happened to have a personal grudge against Santiago—in other words, a motive. Most importantly, Kaffee had never known this before, and had arranged his questioning strategy on the premise that Downey had received the order directly. Now, with Downey's flaw exposed, all of Kaffee's efforts were ruined.
After this trial, Kaffee was consumed with anger and despair. In the raging storm he abandoned himself, venting his fury onto Galloway, completely out of control. But then it was Weinberg who awakened him. Although Kaffee's father had been one of the greatest lawyers of all time, he would still have chosen Kaffee as Dawson and Downey's attorney, because not even Kaffee's father would have thought to call Jessup to the stand. Only Kaffee had that courage.
Kaffee called out to Galloway, who was leaving in the storm, and rallied himself. He decided to call Jessup to the stand and force him, through relentless questioning, to personally admit that he had ordered the Code Red. For Kaffee recalled his first encounter with Jessup, knowing Jessup was an autocratic, violent, arrogant, and self-righteous man, one who believed all he did was for the nation, to the point of forgetting he was stripping soldiers of their human rights. Kaffee could use this arrogance to make Jessup confess in court!
Before the final trial, Kaffee had Weinberg go to Andrews Air Force Base and bring back two soldiers who had been on duty that day. But at the last moment, Galloway could not help but worry. She told Kaffee, "If you feel the plan won't succeed, if you feel he won't speak, don't push it—otherwise you'll get yourself in trouble." Galloway's confidence was still lacking.
The trial began. Kaffee first tried to prove from two points that Santiago's transfer order was entirely fabricated. First, Santiago was supposed to leave the base at six the next morning, yet he had never packed his belongings; all his clothes were neatly placed in the closet. Second, Santiago so longed to leave the base, but before leaving he had not contacted any friends or relatives. In fact, Jessup, after just one day's trip to Washington, had packed a mountain of luggage and made three phone calls. This showed Santiago had never received any transfer order.
But this claim could not stand. Although prosecutor Ross sensed trouble, the judge wanted to hear Jessup's response. Jessup gave a forceful rebuttal: "I must say, I have no damn idea. Maybe he liked getting up early and wanted to pack in the morning; maybe he didn't have any friends. I am an educated man, but I cannot answer riddles about William Santiago's travel habits. All I know is, he was scheduled to leave at six."
After explaining, Jessup pressed further, turning his fire on Kaffee: "So, is this why you've called me here? To answer questions about trunks and phone calls? Please tell me what else you want to know, Lieutenant. This trial will decide the fate of these two Marines. Please tell me their attorney will not rest his case on a phone list. Do you have other questions, Counselor?"
Faced with Jessup's pressure, Kaffee hesitated. He remembered Galloway's warning before court. But the hesitation was brief. Jessup's overbearing aura, ready to stride out of the courtroom, ignited all of Kaffee's fighting spirit. Risking his career, he dragged Jessup back to the witness chair and launched a head-on clash.
Once revitalized, Kaffee unleashed a relentless assault on Jessup—one wave after another, leaving no room to breathe: "You just said you ordered Kendrick to tell his men not to touch Santiago. But did he fully understand your order? Is there a chance he ignored it? Is there a chance he forgot? Is there a chance he walked out of your office saying, 'The old man was wrong'? When Captain Kendrick told his men not to touch Santiago, is there a chance they treated it as nothing but empty air?"
Under Kaffee's pressing, Colonel Jessup resisted several rounds but finally faltered. Faced with Kaffee's question, "Why were there two sets of orders, Colonel?" Jessup replied weakly and uncertainly, "Sometimes men take matters into their own hands."
"You said very clearly your men never take matters into their own hands!" Kaffee strode forward, rapid-fire words striking with full force, his amber eyes chilling to the bone. "They follow orders—or people die! So was Santiago in danger or not?"
"You insolent bastard!" Jessup finally lost control. The prosecutor tried to call for recess, but the judge refused.
Kaffee, steady and firm, approached his final goal. "Since Kendrick had ordered not to touch Santiago, then why did he have to be transferred, Colonel? Kendrick gave the Code Red order because you told him to,"—despite the prosecutor's cries of "Objection," Kaffee did not yield, building his momentum—"and then you made them scapegoats. Your order destroyed a life, but you feel no remorse. You not only fabricated the transfer order, you even altered the flight logs." Facing the judge's and prosecutor's constant interruptions, Kaffee poured out every word in his heart: "Colonel, did you order the Code Red?"
The judge deemed Kaffee in contempt of court, and Jessup need not answer. But Jessup, thoroughly enraged by Kaffee's insolence, roared, "I'll answer the question! You want answers?"
"I have that right!" Facing Jessup's overwhelming aura, Daniel Kaffee did not flinch, smashing headlong into the wall.
"You want to know the answer?"
"I want to know the truth!"
"You can't handle the truth!" Jessup roared with full firepower, glaring at Daniel as though before him stood a mortal enemy. "Son, we live in a world that requires men with weapons to guard the borders. Who's going to do it? You? Or you, Lieutenant Weinberg? My responsibility is far greater than you can possibly imagine. You weep for Santiago and curse the Marines, yet you enjoy the very freedom that I provide and then question the manner in which I provide it! Santiago's death was indeed a tragedy, but it may have saved many lives. The way I exist may seem strange and incomprehensible to you, but it is saving lives!"
Jessup pressed forward, the iron-blooded soldier revealed in full. "You don't want to face this truth because, deep in your subconscious, you need me on that wall, you want me on that wall! We use words like honor, code, loyalty. We defend those words with our very lives, but you treat them as a punchline."
"I neither have the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide, then questions the manner in which I provide it!" Jessup leaned forward slightly, spittle flying. "I think you'd better say thank you and go on your way! Otherwise, I suggest you pick up a weapon and stand a post. Otherwise, I don't give you the goddamn rights you think you're entitled to!" Each word Jessup spat was like a dagger, dripping with venom and fury, stabbing mercilessly at Kaffee.
But Kaffee did not retreat; instead he pressed forward, gritting his teeth: "Did you order the Code Red?"
"I have a greater responsibility—" Jessup screamed hoarsely, but Kaffee cut him off viciously, stepping forward again, shouting in the Colonel's face, "Did you order the Code Red?"
"Goddamn right I did!" Jessup bellowed with all his might, like an enraged lion unleashing its full fury on Kaffee.
The courtroom fell into a deathly silence. Facing his hard-won victory, Kaffee suppressed his excitement and said, "Your Honor, I move the jury be dismissed so we may proceed directly under Article 39-A." Confronted with Kaffee's accusation, Ross had no reply.
Jessup still did not understand what had happened. In his mind, he was merely fulfilling his duty. He even wanted to catch a plane back to base, but was stopped by the MPs. Completely losing control, Jessup clawed and raged as if he wanted to tear Kaffee apart. To him, he was the model soldier, standing post and guarding the nation, and Kaffee's reckless actions today would open holes in the country's defenses—a humiliation beyond measure.
But the law is the law. Jessup was taken into custody. Even then, he did not believe he had done anything wrong. Under the escort of the MPs, he walked out of the courtroom with his head held high.
Though Jessup's admission lifted the murder charges against Dawson and Downey, they were still dishonorably discharged for improper conduct. Downey did not even understand what he had done wrong, but Dawson did. "We were supposed to fight for those who cannot defend themselves. We were supposed to fight for Santiago…"
Watching Dawson's lonely figure as he walked away, Kaffee called after the Lance Corporal, "You don't need a patch on your arm to have honor."
Dawson, who had always hated and even despised Kaffee, stopped in his tracks. Then, turning, he gave Kaffee a crisp formal salute—offering him his respect.
...
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