Interesting because Downey never says he heard the order. He simply says, "A code red was ordered by my platoon commander, Kendrick." He never said that he heard the order directly.
It also means that Dawson could have just said Kendrick ordered the code red, in order to get revenge. It adds doubt to the code red being ordered in the first place.
@@kdmdlo it didn't need to all out negate Downery's testimony or even paint him as committing perjury, or else he'd be in more trouble. It just needed to reveal what he was actually testifying,, and create the doubt, because now instead of two witnesses to Kendrick's order, there is only one. And it becomes a matter he said/he said without anyone else's testimony.....until Jessup
No - The point was he perjured himself. ... All negated, when Jessup said he ordered the code red. (Or the dishonorable discharge counted for recompense)
Really it was both Kaffee and Galloway's fault, they didn't get the whole story before the Government (Ross) cross-examined and choked the story out of that kid's lungs in his exam on him.
Tim Welch when kaffee saw what ross was doing ,he wrote down ....where is he going with this ? ....Galloway. ..had no clue ..... The whole movie is like these republicans who believe in conspiracy theories, and when kaffee said ... we can't prove conspiracy or coercion let's go with what we do know. Or Jessup ordered the code red ?? Oh and of course you have proof of that. .
@@Glitcher2000sure babbling at the witness will leave opposite counsel confused on what you're doing, but then they'll just call a badgering objection.
Unfortunately he was still found guilty of conduct unbecoming of a marine. As a soldier, you are only supposed to follow orders that are legal and does not go against good conscience. If the orders are otherwise, you are not only in the right to disobey those orders, but it is actually your obligation to. Being squad leader, he of all people should know that Santiago was sickly. He had a serious medical condition. There are always better ways of instilling discipline than hazing lower classmen. And yet, knowing all these he still executed those orders, which led to the death of Santiago.
@@Ironheart73 he was in a slippery slope because he disobeyed the code red order once and he was denied promotion right away. He was only gonna tie Santiago and shave his hair (it was really nothing compared to other supposed punishment such as bathing with steel wool or even physical punch as they have stated in the film)
I love how he didn't have to overdo the "HORRIBLE VILLAIN" and instead, he smirked a few times and really empathized with the private buuuuuuuuuut he also has a job to do. Really good work.
It wasn't until May of 2015 that I learned that this movie was loosely based upon a true story. when my nephew graduated from South Texas College of Law (Houston, Tx.) that I learned that in the case upon which AFGM is based, the two enlisted Marines were not dishonorably discharged. The Colonel in the case was not tried or convicted of any crime, but he ostracized within the USMC and transferred to a career ending, paper shuffling position within the Corp. The lawyer played by Tom Cruise was also a graduate of South Texas College of Law and spoke at STCL's 2015 commencement ceremony. One other matter worthy of note is that Wolfgang Bodison, who played Lance Cpl. Harold W. Dawson was also the production's landman. He was responsible for acquiring off set filming locations. He turned out to be one damned fine actor!
at last a sensible comment, not cowing to Hollywood horseshit. There is no way any "Force" would hang the two perpetrators, while slapping the wrist of officers, No goddam way, certainly not the Marine Corps, and all that follow orders shit. Lt Col commits suicide would raise a few questions as well. Nor would the Judge, a Marine Colonel, allow all that bullshit in the Court Martial. And no, the Judge Advocate General, would NOT, assign a double homicide charge to an Ensign with what was it? 7 months service! Who backtalks and sasses a Lt Cdr, yeah right.
I always had a problem with this movie. When I was in the Marines (70-74) we were well trained regarding the difference between a lawful order and an unlawful order. While it was made clear that it was our duty under the Uniform Code of Military Justice and the Rules and Articles of Land Warfare to obey all lawful orders, it was also made clear that we had a duty under the UCMJ to DISOBEY any unlawful orders. Since this "code red" concept (ganging up on and beating a fellow Marine) would be an undeniable violation of the UCMJ (assault at the very least) and therefore an unlawful order, regardless of who issued the order, the privates clear duty would be to disobey that order. In other words, claiming they were following orders would NOT be a valid defense and any competent JAG officer (military attorney) would know that. Didn't work at Nuremberg, doesn't work today.
Well they were convicted of Conduct Unbecoming a United States Marine and dishonorably discharged because of the attack. The question was whether or not they committed premeditated murder. Because it was proven that Col. Jessup gave the code red order they were cleared of that charge.
Patrick EH I know what premeditated means. That was one of the points of Capt. Ross’s opening statement. That it was premeditated murder. The government accused them of poisoning the rag.
My father served in Vietnam as a medic in the Navy and was with the Marines on one of his 2 tours. I was told that if you are given an illegal order, you do not have to follow that order. In fact, the individual who gave the illegal order is up for questioning. These guys know the law...
Tom Cruise acting in this scene is on point ,he closes his eyes when he realises what's about to happen but maintains his posture of professionalism even though he feels devastated inside, subtle but very powerful.
@@SurvivorBri The story tells us why she's not lead counsel, not a litgator, i.e. all passion no street smarts, etc, etc. But it makes clear that she IS driven, diligent, and conscientious almost to a fault. That's what makes it just not believable that she would make that KIND of mistake, i.e. fail to prep her client for testimony sufficiently.
@UCTrMsnbLGWVyN5KjRPTJ15Q you're right, it was established in the beginning when she met with her superiors. Also that weird objection to the doctor's testimony really threw them off. A bit overzealous and embarrassing. She has many qualities and I don't want to pick on her but some of her mistakes nearly cost them the entire case. I liked the way she pushed Daniel and fought for those two defendants. And she gave Daniel the best advice right before he had to question Jessup.
@@RobNoles79 I think kendrick told dawson for him and downey to give the code red but downey wasn't there for the specific order. the two marines aren't lawyers so they didn't know that it was a huge deal that downey didn't actually hear the order. It was galloways job to uncover that information from the marines but when you're overly caught up in passion u tend to forget the fundamentals of the job and she really dropped the ball on that one. Funny how early in the movie she was skeptical that Kaffee might miss something in the case when she's the one who missed big and damn near cost them the whole case forcing Kaffee to pull off a herculian effort against jessup.
This was utterly heart-breaking. Until this point you at least have 2 guys against the world, but then you find out that it's actually just Dawson against the world. Missing such an important bit of the timeline shattered his spirit into a million pieces.
@@Bull1908 Yeah, except that he asked Dawson's permission to say it, even though he was going to be forced to answer the question anyway. Downey said it, because it's the truth, not to throw Dawson under the bus.
@@Bull1908 Not exactly! 1) Captain Ross had already caught Private Downey in a lie. He had no choice but to answer truthfully at that point. 2) He asked Corporal Dawson what he should do, and Dawson literally yelled at him to answer the Captain's question. So he wasn't throwing Dawson to the wolves. 3) Answering that question truthfully still doesn't save Downey. The Nuremberg Trials demonstrated that "I was only following orders" can NEVER be used as a legitimate defense for a crime.
It s very sad that the movie doesn t show the moment of Dawson on the stand. With Dawson and Markinson s note to Mrs Santiago the defence wouldn t even need Jessup confession to discharge the marines.
Saw this movie many times, and only now just realized that. And that down look he had the second before he closed his eyes. It was the look of “Oh Jesus, here it comes.”
2:50 I like how in a time without cell phones being widely available, they couldn't just call or text him to figure out where he was; all they could do was wait around and hope he would show up.
It was to emphasize that he did what he thought was the right thing and had full confidence in and utmost respect for his Squad Leader "Lance Corporal Harold W. Dawson, United States Marine Corps".
Lieutenant Commander Galloway made the mistake of not asking Private First Class Downey if he actually witnessed Lieutenant Kendrick entering Dawson's and Downey's room to order the code red.
+RuralBreakfast yes he was, but he was on the witness stand..."the question will be repeated." He made him mad using his Harvard mouth and his f white uniform.
@@nicksixer What is that mean for Judge Randolph, "the question will be repeated?" Private Downey say things to ask Hal. Captain Ross says, "Did Lance Corporal Dawson tell you to give Santiago a code red?" Private Downey says to Hal without answer the Captain's question. Why did Captain Ross getting angry and badgering Private First Class Downey saying, "Don't look at him"!? What's got into Captain Ross?
@@nicksixer Private Downey didn't fine and he'll never be recall to put back on the witness stand and testify before U.S. Navy Lieutenant Kafee and U.S. Lieutenant Commander Joanne Galloway get to Lance Corporal Dawson. Maybe they work at it, they can get Dawson charged with the Kennedy's Assassination.
It was a reference to the supposed order from Kendrick. Earlier he says "a Code Red was ordered by my Platoon Commander, Lieutenant Jonathan James Kendrick." Not only is that "passive voice", but it also implies that he heard Lieutenant Kendrick give such an order. Except he didn't! He only heard Dawson say that Kendrick gave that order. He followed an order given by Dawson, not Kendrick.
+Franswawawe Yes, yes, we are all so proud that you understand the intricacies of Marine rank structures. You're a fucking genius, but cut a little slack for the civilians in the room.
@Christopher Brown it wouldn't have mattered, since the JAG Corps already knew the Marines at GITMO were fanatical about being Marines, with their own code of ethics perpetuated by the CO Col Jessup, and the Plt Ldr Kendrick.
Thats my next door neighbor, karate instructor, brother-in law , and salsa instructor Kevin Bacon youre talking about....HE is 1 degree from ME everyday :) Great actor also!
Maybe but she's also the one who shepherded the case to its, successful, conclusion. She challenged the defense lawyers sufficiently and made sure that they stayed on the tracks.
that was made clear from the beginning when she asked to be assigned to the case, and that's why they assigned Kaffee. After talking to Aunt Ginny (Downey's relative) she sort of inserted herself into the case by saying she had a connection with the aunt. Her ego was to blame for the poor witness prep.
@@mytube082007 she didn’t “shepherd” anything. The defense got lucky that Jessup incriminated himself on the stand. In real life however something like that would never happen (all Jessup would have to do is take the Fifth and the trial would be over). In fact no lawyer with even an ounce of common sense would ever attempt such a ridiculous strategy as goading or leading a witness to incriminate themself and confess to murder in open court, yet that is exactly what she says they should do and she acts like it’s so simple, even mocking Kaffee as a “chicken sh-“ for pushing back. Yet Kaffee is the one whose ass is on the line if the stategy fails. She’s such a stupid and obnoxious character.
@@sean2015 Jessup was also a cocky character himself. He thought he got away with everything too and could have pleaded the fifth but he probably wanted Danny and the young Marines hanging in the wind and didn't think he had enough moxy or proof to get Jessup caught. As for Galloway she thought she deserved to run a trial and she was all passion and no street smarts or trial law smarts. It was proven numerous times that she bullied Kaffee into the trial by belittling him and making him do the things that would get him in trouble not her such as accusing Jessup of conspiracy and perjury which would get him a court martial and not her. She inserted herself into the trial by making herself Downee's lawyer by winning over Aunt Ginny (who looked to be not even 10 years older than Downey in the movie and just as dimwitted as he appeared to be lol). I can't blame Kaffee for finally snapping at her near the end even if she won him over though.
1. It is most definitely relevant given the charges and the defense to those charges and 2. “Badgering the witness “ is not a legally recognized objection. I know it is sometimes said on TV but there is no such thing in real life. The closest to it would be “objection, argumentative “ but the exchange here doesn’t remotely qualify.
Orders trickle down all the time. Men overseas do not necessarily receive their orders directly from home base in their home country either. Commanders are not expected to be everywhere at once in person.
It always struck me as odd how well spoken Downey was yet so naive and spacey at the same time. Like he's such a good soldier and could probably be commissioned off dedication alone but his intelligence would preclude him from it. Such melancholy
There are Leaders ( Dawson) an there are followers ( Downey ). He wasn't the brightest bulb in the room. Colonel Jessup achieved his Rank on sheer Brutality an Manipulation. Narcissist. Arrogant. The worst this World has to offer. Sweet dreams Colonel, in Leavenworth. You singlehandedly Made people question the military. It's only a movie. But there are truths in there.
I'm SO glad he added United States Marine Corps to his statement. Very important to clarify. Someone might have thought maybe Lcpl Dawson was in the Air Force. Or Coast Guard. Or Dept. Of Defense.
They made a big deal about this in the movie, but it seems to me that Downey should have led with that fact. He'd be off the hook because he was following orders. The question still stands whether Kendrick gave the order to Dawson, and whether Jessup gave the order to Kendrick, but if nobody disputes the fact that Dawson ordered Downey, then why is Downey there?
@@patrickeh696 - Then Kendick should be prosecuted, too. And within the reality of the movie at least, following orders is enough to get you acquitted for accidentally killing someone when hazing him.
Downey is there because he beat up a Marine and the Marine subsequently died. This is really a case about following an unlawful order. Kendrick has to face charges of following an unlawful order and then covering up for issuing an unlawful order and perjury. Jessup has to answer for the same things. There will also be some conspiracy charges.
I love tom's reaction to the fact that downey wasn't even in the room and never heard kendrick give the order for the code red.. this is pretty damaging considering santiago was snitvhing about an illegal fenceline shooting by dawson which would be his motive for killing santiago.. this movie was very well written IMO..
One of the unfortunate things about movies depicting legal proceedings is how often they get it wrong. In this scene, for example, one of the attorneys is approaching the witness without asking permission from the tribunal. This is not widely seen in the legal profession, and it is generally verboten, unless you have to present the witness with a document of some kind. Typically, it is seen as a form of witness intimidation that is not countenanced. I know, I know -- it's only a movie.
You're right, but it's suitably dramatic and asking for permission every time would be unnecessary for the purposes of the film. But you're right nonetheless
What always bugged me about this movie is how the Marines constantly referred to other Marines using their full ranks and names. Lance Corporal Harold W Dawson. Lieutenant Jonathan James Kendrick. It's throughout the whole movie. Is that common in the Corps? I'm an Army vet, and never saw anything like that.
The screenwriter is using it for dramatic effect. Marines typically state their full rank (ie Staff Sergeant rarely accepts being called Sergeant) but otherwise the full name and 'United States Marine Corps' at the end is rarely used except in ceremonies.
Couple issues I had with this movie. First, a colonel would never be stupid enough to fall for Cruise's trap. He would know very well what would happen if he admitted the ordering of a Code Red. Second, unless I'm not remembering, why didn't they put Dawson on the stand? They put the other private on the stand and he originally said the Kendrick gave the order, only to lie on the witness stand. Then he said that Hal gave the order. Ok fine, so then why not put Hal on the stand in addition OR instead of the other private??? Kenrick obviously gave the order so if that is what you are trying to establish then why not put Dawson on the stand and have him say Kendrick gave the order? Just a stupid part of the fucking movie if you ask me.
It was a huge gamble but Kaffee was relying on the colonel's emotional outburst to tell everyone that he was in the right and wanted everyone to know it. He trains soldier, and who is anyone else to question how he does it? It was too big a risk to have ever even tried so yes, Kaffee should have known better than to have Galloway convinve him otherwise (Never ask a question you do not already know the answer to). She even said before to Kaffee that if he does not feel it is going to happen, leave it be. The film would not have otherwise had that iconic line 'You can't handle the truth!', which the judge should have shut down as it was harassing the witness. Downey was only put on the stand only because they did not know until then that he was not in the room when the order was given. Had they known, they would never have allowed him on the stand. It was a huge screw-up by Galloway and it exposes yet another moment of her ineptitude as a lawyer. Her failure to do her due diligence, along with the soldiers' failure to fully co-operate (remember the bit when the Dawson replied to Kaffee 'You did not ask us, sir' or something to that effect) destroyed their own defence. If she was even a slightly competent lawyer and done her checks, she could have then separated her client from Dawson and argued that Downey was given an illegal order by him rather than from above. But it was a joint defence so now both marines are screwed together. Galloway is an idiot and a coward, and has a lot to answer for in this film.
This is a polished movie. I love it to death. But, I am shocked how throughout the entire movie they refer to a PFC as "Private". No PFC wants to be called a Private. Just like a Captain doesn't want to be called a Lieutenant. I am now 62 years old. I have been around the Marine Corps all my life. My son is now a 3rd generation career Marine. Any Marine will concur.
The writers of She-Hulk should take notes of court proceedings, lol. "And one thing that we all realized very slowly was none of us are that adept at writing, you know, rousing trial scenes.”
Oops Private caught in a trap. No order from Kendrick directly. As the drama unfolds, a command from the top (Jessup) is always followed by all subordinate or else men die. Men are not allowed to take orders into their own hands or men die.
I don't understand why this revelation is damaging to the defense. It doesn't help Dawson at all, but Downey should walk. Their defense was based entirely on the idea that they were following an order. Assuming that's a valid defense, Downey shouldn't even be there. Jessup denied giving the order to Kendrick, and Kendrick denied giving the order to Dawson, and so Kaffee needs to prove that one, or both, of them gave the order. But unless Dawson denied giving the order to Downey (which he couldn't because he asserted that he received the order from Kendrick), Downey was following Dawson's order, so Downey's murder charge should be dropped.
The entire defense is based on the idea that Jessup ordered the code red. If following orders is a legitimate defense, then why is this revelation a bad thing? Downey was following orders from Dawson. Assuming Dawson doesn’t deny that, and assuming that following orders as a legitimate Defense, then Downey should be free to go.
What doesn’t make any sense is why getting this confession out of Downey though threatened their defense at all. All you have to do to counter this is use Dawson’s testimony to establish that he did hear the order directly from Kendrick and then passed it on to Downey. It’s kinda dumb how that got spun as a potential nail in the coffin for their defense
Because it weakens their argument that the order came from above. Their argument was that they BOTH heard the order but Downey was not actually in the room, making it a 'he said, she said' thing between Kendrick and Dawson. Who are you more likely to believe - a higher lieutenant or a lower marine? So now it looks more like the Dawson conspired against the victim on his own and Downey followed out of loyalty and there are no other witnesses to say otherwise. Well, except Markinson who then could not for obvious reasons.
I guess they weren't as good of legal professionals as they thought or it slipped their minds. After all, Kaffee was only in the Navy for 9 months. Maybe he's still learning the ropes yet???
Dawson had a personal grievance towards Santiago for snitching about firing an illegal shot, so it would have been his word against that of Kendrick, a highly-decorated officer with an impeccable service record. Downey had no such grievance, but the defense was (as we find out) unaware that he hadn't actually received direct orders from Kendrick. Something they had taken for granted.
Why didnt they have Dawson testify first or at all period? Despite being military man he seems to be bright, level headed, ethical and would have helped Downey out big time before he testified. The fact that he didnt was only plot hole I saw. Was it cause the actor that played him was a 1st time actor since he was location scout for Rob Reiner before this and not an actor who can take a handful of lines?!
Also, another big plot hole is where was Santiago being transferred to? Trust me, I was in the corps and had buddies go to different units. They never make any mention of this and wherever Santiago was going, his new command would've been mentioned and notified but they weren't. Then again, this is Hollywood and they'll never get anything factually correct when they're making a military movie
It's not solid technically, but this is a great character movie and an excellent study of how a philosophy of "the ends justifies the means" can slowly derail people into evil.
Sure it is ... If you saw the movie, the scene earlier where they were talking about her, in a room and saying how she had little trial experience - in non-serious cases.
He should’ve known there was an issue when that dramatic music started playing as Footloose walked toward the witness box...
Rob R 🤣🤣🤣 FOOTLOOSE WALKED TOWARDS THE WITNESS BOX !! Lmao 🤣
Why do they keep allowing an orchestra into the courtroom?
Don't let him approach the witness. HE'S A MANIAC, MANIAC ON THE FLOOR.
Now Private, were you or were you not, *dancing* on your way back to the Windward barracks?
This was the era. He still had the look. I'm more Tremors era Bacon fan.
Interesting because Downey never says he heard the order. He simply says, "A code red was ordered by my platoon commander, Kendrick." He never said that he heard the order directly.
It also means that Dawson could have just said Kendrick ordered the code red, in order to get revenge. It adds doubt to the code red being ordered in the first place.
@@NotShowingOff Very true. But it doesn't negate Downey's testimony. He replied honestly to the question.
@@kdmdlo it didn't need to all out negate Downery's testimony or even paint him as committing perjury, or else he'd be in more trouble. It just needed to reveal what he was actually testifying,, and create the doubt, because now instead of two witnesses to Kendrick's order, there is only one. And it becomes a matter he said/he said without anyone else's testimony.....until Jessup
No - The point was he perjured himself. ... All negated, when Jessup said he ordered the code red. (Or the dishonorable discharge counted for recompense)
He just followed Order 66 without bothering Santiagos well-being or that of the younglings in the Jedi temple
This is the type of movie that you have to use the bathroom before you sit down and watch it. You will stayed glued to your seat.
I like to watch it on the toilet it’s that good
If you use the toilet on your seat you’ll be effectively glued to it anyway
Or when u get out of the shower & sit in ur towel watching it on the bed bc u get so engrossed u dont want to miss anything.
That's why they give you giant popcorn buckets. To fit massive amounts of poo in.
You can't watch a movie in a single setting without stopping to use the restroom?
The rain and thunder was a nice touch. It really adds to the depressing tone of the scene.
galloway fucked up here. her job was to prepare Downey and she failed
+Jason Raczkowski so true all she had to do was ask a simple follow up question during the prep time
Really it was both Kaffee and Galloway's fault, they didn't get the whole story before the Government (Ross) cross-examined and choked the story out of that kid's lungs in his exam on him.
Dawson gave Downey the order to shank him via Kendrick's order so...you can nitpick as to whose fault it is that Santiago is dead.
Tim Welch when kaffee saw what ross was doing ,he wrote down ....where is he going with this ? ....Galloway. ..had no clue .....
The whole movie is like these republicans who believe in conspiracy theories, and when kaffee said ... we can't prove conspiracy or coercion let's go with what we do know.
Or Jessup ordered the code red ?? Oh and of course you have proof of that. .
That horrible sinking feeling when you don’t understand what your trial opponent is doing.
All lawyers are scum
And that feeling is compounded by the fact that you have no grounds to object
I could probably pull that off very easily….
@@Glitcher2000sure babbling at the witness will leave opposite counsel confused on what you're doing, but then they'll just call a badgering objection.
I really admired Dawson in this movie...his commitment to the Marines and his telling the truth...all the way until the end.
Unfortunately he was still found guilty of conduct unbecoming of a marine. As a soldier, you are only supposed to follow orders that are legal and does not go against good conscience. If the orders are otherwise, you are not only in the right to disobey those orders, but it is actually your obligation to. Being squad leader, he of all people should know that Santiago was sickly. He had a serious medical condition. There are always better ways of instilling discipline than hazing lower classmen. And yet, knowing all these he still executed those orders, which led to the death of Santiago.
He potrayed the dumb marine pretty well. It almost seem like his barely passed the minimum IQ to join
@@Ironheart73 he was in a slippery slope because he disobeyed the code red order once and he was denied promotion right away. He was only gonna tie Santiago and shave his hair (it was really nothing compared to other supposed punishment such as bathing with steel wool or even physical punch as they have stated in the film)
Little bit stupid as well.
yep. integrity.
kevin bacon nailed this scene.
donnchadh mcgrath I love the way he says “the witness has been read his rights, commander.”
Smiling and jovial with him, then he nails his ass to the wall.
yeah fuck jessup and guys like him
I love how he didn't have to overdo the "HORRIBLE VILLAIN" and instead, he smirked a few times and really empathized with the private buuuuuuuuuut he also has a job to do. Really good work.
Galloway f**ed this up.
It wasn't until May of 2015 that I learned that this movie was loosely based upon a true story. when my nephew graduated from South Texas College of Law (Houston, Tx.) that I learned that in the case upon which AFGM is based, the two enlisted Marines were not dishonorably discharged. The Colonel in the case was not tried or convicted of any crime, but he ostracized within the USMC and transferred to a career ending, paper shuffling position within the Corp. The lawyer played by Tom Cruise was also a graduate of South Texas College of Law and spoke at STCL's 2015 commencement ceremony.
One other matter worthy of note is that Wolfgang Bodison, who played Lance Cpl. Harold W. Dawson was also the production's landman. He was responsible for acquiring off set filming locations. He turned out to be one damned fine actor!
if the colonel wasn't tried, why was there a lawyer involved
@@MenachemSchmuel lawyers do more than go to trial
@@obscure.reference Not in a court martial.
at last a sensible comment, not cowing to Hollywood horseshit. There is no way any "Force" would hang the two perpetrators, while slapping the wrist of officers, No goddam way, certainly not the Marine Corps, and all that follow orders shit. Lt Col commits suicide would raise a few questions as well. Nor would the Judge, a Marine Colonel, allow all that bullshit in the Court Martial. And no, the Judge Advocate General, would NOT, assign a double homicide charge to an Ensign with what was it? 7 months service! Who backtalks and sasses a Lt Cdr, yeah right.
I wonder if the real life colonel was as involved as they portray it, or was more a case of him covering it up after the fact?
I always had a problem with this movie. When I was in the Marines (70-74) we were well trained regarding the difference between a lawful order and an unlawful order. While it was made clear that it was our duty under the Uniform Code of Military Justice and the Rules and Articles of Land Warfare to obey all lawful orders, it was also made clear that we had a duty under the UCMJ to DISOBEY any unlawful orders. Since this "code red" concept (ganging up on and beating a fellow Marine) would be an undeniable violation of the UCMJ (assault at the very least) and therefore an unlawful order, regardless of who issued the order, the privates clear duty would be to disobey that order. In other words, claiming they were following orders would NOT be a valid defense and any competent JAG officer (military attorney) would know that. Didn't work at Nuremberg, doesn't work today.
Well they were convicted of Conduct Unbecoming a United States Marine and dishonorably discharged because of the attack. The question was whether or not they committed premeditated murder. Because it was proven that Col. Jessup gave the code red order they were cleared of that charge.
@@rosario508 They would have been cleared of that charge REGARDLESS of who gave the order. PREMEDITATED would mean that they INTENDED to kill.
Patrick EH I know what premeditated means. That was one of the points of Capt. Ross’s opening statement. That it was premeditated murder. The government accused them of poisoning the rag.
Obeying an order is not an excuse for breaking the law but can be use to mitigate sentence.
My father served in Vietnam as a medic in the Navy and was with the Marines on one of his 2 tours. I was told that if you are given an illegal order, you do not have to follow that order. In fact, the individual who gave the illegal order is up for questioning. These guys know the law...
Tom Cruise acting in this scene is on point ,he closes his eyes when he realises what's about to happen but maintains his posture of professionalism even though he feels devastated inside, subtle but very powerful.
This was a bit hard to swallow, that she would miss such a crucial piece information.
Investigating is supposed to be her forte. That's why she wasn't lead counsel but she was his direct lawyer and she failed big time here.
@@SurvivorBri The story tells us why she's not lead counsel, not a litgator, i.e. all passion no street smarts, etc, etc. But it makes clear that she IS driven, diligent, and conscientious almost to a fault. That's what makes it just not believable that she would make that KIND of mistake, i.e. fail to prep her client for testimony sufficiently.
@UCTrMsnbLGWVyN5KjRPTJ15Q you're right, it was established in the beginning when she met with her superiors. Also that weird objection to the doctor's testimony really threw them off. A bit overzealous and embarrassing. She has many qualities and I don't want to pick on her but some of her mistakes nearly cost them the entire case. I liked the way she pushed Daniel and fought for those two defendants. And she gave Daniel the best advice right before he had to question Jessup.
Why didn’t the Marines tell the lawyers? Why didn’t Dawson say “I was given an order by Kendrick in my room alone and then I told Downey”?
@@RobNoles79 I think kendrick told dawson for him and downey to give the code red but downey wasn't there for the specific order. the two marines aren't lawyers so they didn't know that it was a huge deal that downey didn't actually hear the order. It was galloways job to uncover that information from the marines but when you're overly caught up in passion u tend to forget the fundamentals of the job and she really dropped the ball on that one. Funny how early in the movie she was skeptical that Kaffee might miss something in the case when she's the one who missed big and damn near cost them the whole case forcing Kaffee to pull off a herculian effort against jessup.
This was utterly heart-breaking. Until this point you at least have 2 guys against the world, but then you find out that it's actually just Dawson against the world. Missing such an important bit of the timeline shattered his spirit into a million pieces.
Makes it like Downey would throw Dawson to the wolves. Downey could have been spared Ft. Levenworth or death penalty
@@Bull1908 Yeah, except that he asked Dawson's permission to say it, even though he was going to be forced to answer the question anyway.
Downey said it, because it's the truth, not to throw Dawson under the bus.
@@Bull1908 Not exactly! 1) Captain Ross had already caught Private Downey in a lie. He had no choice but to answer truthfully at that point. 2) He asked Corporal Dawson what he should do, and Dawson literally yelled at him to answer the Captain's question. So he wasn't throwing Dawson to the wolves. 3) Answering that question truthfully still doesn't save Downey. The Nuremberg Trials demonstrated that "I was only following orders" can NEVER be used as a legitimate defense for a crime.
It s very sad that the movie doesn t show the moment of Dawson on the stand. With Dawson and Markinson s note to Mrs Santiago the defence wouldn t even need Jessup confession to discharge the marines.
@@arisps17 Would the letter be permissible as evidence or hearsay since Markinson is dead and can't be called to the stand?
I love how at 1:22 Tom closed his eyes in horror. He already knew.
great spot
Yep.
Good eye !
Saw this movie many times, and only now just realized that. And that down look he had the second before he closed his eyes. It was the look of “Oh Jesus, here it comes.”
Great catch. Never noticed that!
The acting/ directing of the Lance Corporal was spot on, in booming: Private, answer the Captain's question!
2:50 I like how in a time without cell phones being widely available, they couldn't just call or text him to figure out where he was; all they could do was wait around and hope he would show up.
"Downey wasn't even in his room...wasn't even there...that was an important piece of information we should've known about don't you think?"
SCE2AUX “Danny, it was a set-back. And I’m sorry. But we fix it, and we move on to Markinson.”
Why didn't they mention that to him earlier? Seems like that's the kind of thing the lawyer should know about.
Well, maybe if we work at it, we can get Downey charged with the Kennedy assassination.
@@samgroll3605 u best move on
@@bobgunner3086 "Should we or should we not follow the advice of the galactically stupid!"
This movie was top to bottom awesome. Not one bad performance in this movie. Everyone in it (big part or small part) nailed it.
she didn't know how to prepare a witness.
Chelo Figueroa to be fair he was thick as shit
Not thick enough I guess.
No. no she did not. Ugh.
Daniel Treadwell You’re a special kind of stupid. Your spouse/girlfriend/blowup doll is lucky 🍀 to have you. 😂
Was she even a trial lawyer? Usually they just ask for a plea bargain.
The witness has been read his rights...Best line of the movie.
Surely that's "You can't handle the truth!"
Im not sure why but when he says "yes, captain i was givin an order by my squad leader" i get goose bumps
Same Here😆
Lolzz, same here, it was just how he said it, too powerful!!
It was to emphasize that he did what he thought was the right thing and had full confidence in and utmost respect for his Squad Leader "Lance Corporal Harold W. Dawson, United States Marine Corps".
Kevin Bacon kicked they ass in this scene lol
Lieutenant Commander Galloway made the mistake of not asking Private First Class Downey if he actually witnessed Lieutenant Kendrick entering Dawson's and Downey's room to order the code red.
She really pisses me off.
Makes sense, she's not very good at the trial part of her job.
1:20 the way Tom Cruise closes his eyes because he just realized that they're cooked. Such a good touch.
"The witness has been read his rights Commander"
+RuralBreakfast yes he was, but he was on the witness stand..."the question will be repeated." He made him mad using his Harvard mouth and his f white uniform.
@@nicksixer What is that mean for Judge Randolph, "the question will be repeated?" Private Downey say things to ask Hal. Captain Ross says, "Did Lance Corporal Dawson tell you to give Santiago a code red?" Private Downey says to Hal without answer the Captain's question. Why did Captain Ross getting angry and badgering Private First Class Downey saying, "Don't look at him"!? What's got into Captain Ross?
Chris Amon, Capt. Ross had Private Downey cornered like a scared mouse and he knew if he kept applying pressure Private Downey would crack.
@@nicksixer Private Downey didn't fine and he'll never be recall to put back on the witness stand and testify before U.S. Navy Lieutenant Kafee and U.S. Lieutenant Commander Joanne Galloway get to Lance Corporal Dawson. Maybe they work at it, they can get Dawson charged with the Kennedy's Assassination.
Hal?
Kevin Bacon with that wry smile at 1:00 thinking "Yeah, pickup private picking up girls. Now I'm about to eat your soul."
It's a great smile, knowing how naive his witness is and he's about to play a blinder on him.
I think the witness’s comment about the girls was mostly in jest, so bacon had a little laugh in response is all
"Well you see, sir, there was a blowout..."
I always find this funny, although it's not supposed to be.
Everyone nailed this scene
Still gives me chills
There are no “ implied orders”...
I was given an order and I followed it!
It was a reference to the supposed order from Kendrick. Earlier he says "a Code Red was ordered by my Platoon Commander, Lieutenant Jonathan James Kendrick." Not only is that "passive voice", but it also implies that he heard Lieutenant Kendrick give such an order. Except he didn't! He only heard Dawson say that Kendrick gave that order. He followed an order given by Dawson, not Kendrick.
This is really stressful because I’m betting it’s how I’d be in court when a lawyer asks me a question.
"Well You see, there was a blowout "
"The Question will be Repeated "
I so love this scene. Shows how much influence Hal had over the Private Officers.
Just Private. PFC's aren't officers.
This made me face palm so hard....
+Franswawawe Yes, yes, we are all so proud that you understand the intricacies of Marine rank structures. You're a fucking genius, but cut a little slack for the civilians in the room.
+White Nationalist From the words you're using I can tell you're using your actual picture for your profile, bravo sir. That takes courage.
+Jeremy Mendoza okay thank you :)
The other day my boss has ordered the Code Red as well. Heck we’re not even in the army!
Nothing like a good downpour of rain to accentuate a sense of gloom and doom lol
if you think about it,Tom Cruise made the mistake of not asking the witness wether or not he should question the Code Red for a morality clause
@Christopher Brown it wouldn't have mattered, since the JAG Corps already knew the Marines at GITMO were fanatical about being Marines, with their own code of ethics perpetuated by the CO Col Jessup, and the Plt Ldr Kendrick.
Thats my next door neighbor, karate instructor, brother-in law , and salsa instructor Kevin Bacon youre talking about....HE is 1 degree from ME everyday :) Great actor also!
When I see Kevin Bacon, I forget Cruise is also there!
Clearly, Lt. Galloway was not a good trial lawyer whatsoever. She proved that to be the case multiple times throughout the film.
Maybe but she's also the one who shepherded the case to its, successful, conclusion. She challenged the defense lawyers sufficiently and made sure that they stayed on the tracks.
Kevin E. He lied at that was a fact. He wasn’t in his room at 1620 but in fact at 1645
that was made clear from the beginning when she asked to be assigned to the case, and that's why they assigned Kaffee. After talking to Aunt Ginny (Downey's relative) she sort of inserted herself into the case by saying she had a connection with the aunt. Her ego was to blame for the poor witness prep.
@@mytube082007 she didn’t “shepherd” anything. The defense got lucky that Jessup incriminated himself on the stand. In real life however something like that would never happen (all Jessup would have to do is take the Fifth and the trial would be over). In fact no lawyer with even an ounce of common sense would ever attempt such a ridiculous strategy as goading or leading a witness to incriminate themself and confess to murder in open court, yet that is exactly what she says they should do and she acts like it’s so simple, even mocking Kaffee as a “chicken sh-“ for pushing back. Yet Kaffee is the one whose ass is on the line if the stategy fails. She’s such a stupid and obnoxious character.
@@sean2015 Jessup was also a cocky character himself. He thought he got away with everything too and could have pleaded the fifth but he probably wanted Danny and the young Marines hanging in the wind and didn't think he had enough moxy or proof to get Jessup caught. As for Galloway she thought she deserved to run a trial and she was all passion and no street smarts or trial law smarts. It was proven numerous times that she bullied Kaffee into the trial by belittling him and making him do the things that would get him in trouble not her such as accusing Jessup of conspiracy and perjury which would get him a court martial and not her. She inserted herself into the trial by making herself Downee's lawyer by winning over Aunt Ginny (who looked to be not even 10 years older than Downey in the movie and just as dimwitted as he appeared to be lol). I can't blame Kaffee for finally snapping at her near the end even if she won him over though.
It's funny how Kaffee realizes what is about to happen at 1:20.
chess match, he saw the move coming but it was too late lol
No, he knew before that. At least 1:14, if not a little before that (in his mind).
GREAT catch!!!!
Good catch
I say he knew at 0:45
“Hal...HAL...HAAL!”
DONT LOOK AT HIM
ANSWER THE CAPTAIN'S QUESTION, PRIVATE!
"I'm sorry Private Downey, I can't do that."
2:05 *Dawson in the background be like, AWWWWWWW SHYYYYYTTT!!!*
Defense counsel did not object for relevance or badgering the witness?
1. It is most definitely relevant given the charges and the defense to those charges and 2. “Badgering the witness “ is not a legally recognized objection. I know it is sometimes said on TV but there is no such thing in real life. The closest to it would be “objection, argumentative “ but the exchange here doesn’t remotely qualify.
1:22 Daniel Kaffee was like: "dang, how could we miss it?"
He's super formal with Tom Cruise but unbelievably cavalier talking to Kevin Bacon. That seems counterintuitive.
It's like the thunder and lightning tells you Downey is in trouble ... lol ..
Nice set-up 🙂
Orders trickle down all the time. Men overseas do not necessarily receive their orders directly from home base in their home country either. Commanders are not expected to be everywhere at once in person.
It always struck me as odd how well spoken Downey was yet so naive and spacey at the same time. Like he's such a good soldier and could probably be commissioned off dedication alone but his intelligence would preclude him from it. Such melancholy
Downey's IQ had to be just a few points over his shoe size
There are Leaders ( Dawson) an there are followers ( Downey ). He wasn't the brightest bulb in the room. Colonel Jessup achieved his Rank on sheer Brutality an Manipulation. Narcissist. Arrogant. The worst this World has to offer. Sweet dreams Colonel, in Leavenworth. You singlehandedly Made people question the military. It's only a movie. But there are truths in there.
I'm SO glad he added United States Marine Corps to his statement.
Very important to clarify. Someone might have thought maybe Lcpl Dawson was in the Air Force. Or Coast Guard. Or Dept. Of Defense.
Or the assistant manager at Dairy Queen.
You cut it right before the best scene in the entire movie. The typewriter maintenance scene ha.
Its so cool that the camera shots would be on Kevin , Demi then Tom after Downey answered the question.
They made a big deal about this in the movie, but it seems to me that Downey should have led with that fact. He'd be off the hook because he was following orders. The question still stands whether Kendrick gave the order to Dawson, and whether Jessup gave the order to Kendrick, but if nobody disputes the fact that Dawson ordered Downey, then why is Downey there?
WRONG finao o. Following an unlawful gets you prosecuted.
@@patrickeh696 - Then Kendick should be prosecuted, too. And within the reality of the movie at least, following orders is enough to get you acquitted for accidentally killing someone when hazing him.
@@finaoo1167 he was. In the end of the movie, Captain Ross said: "Now I need to go arrest Kendrick", at the very last scene.
Downey is there because he beat up a Marine and the Marine subsequently died.
This is really a case about following an unlawful order.
Kendrick has to face charges of following an unlawful order and then covering up for issuing an unlawful order and perjury.
Jessup has to answer for the same things. There will also be some conspiracy charges.
THIS IS WHY PEOPLE SAY DONT SAY ANYTHING OTHER THAN PRECISELY WHAT THE LAWYER ASKS
Real life, that would have been the end of that trial. Dawson and Downey would have been completely screwed
No Dawson would still have to testify
There has never been a soldier court marshal ed for following an order it would have been knocked down to the marines version of an article 15
This is the scene I was looking for
thanks for sharing this clip, its the best questioning of the prosecution's case.
I love tom's reaction to the fact that downey wasn't even in the room and never heard kendrick give the order for the code red.. this is pretty damaging considering santiago was snitvhing about an illegal fenceline shooting by dawson which would be his motive for killing santiago.. this movie was very well written IMO..
Anyone that thinks Cruise, Bacon, and Demi are not fucking amazing actors omg!
That's Kevin fucking Beacon! That's my dude!
the witness has rights.....
The witness has been read his rights, Commander.
@@EightThreeEight the way he said that 😍
2:17 ALISTAR OVEREEM!!!!.😲😲😲😲😲
One of the unfortunate things about movies depicting legal proceedings is how often they get it wrong. In this scene, for example, one of the attorneys is approaching the witness without asking permission from the tribunal. This is not widely seen in the legal profession, and it is generally verboten, unless you have to present the witness with a document of some kind. Typically, it is seen as a form of witness intimidation that is not countenanced. I know, I know -- it's only a movie.
Hollywood has a history of lawyers approaching witnesses.
Most legal dramas whether TV or theater do it.
It's only a movie.
You're right, but it's suitably dramatic and asking for permission every time would be unnecessary for the purposes of the film. But you're right nonetheless
What always bugged me about this movie is how the Marines constantly referred to other Marines using their full ranks and names. Lance Corporal Harold W Dawson. Lieutenant Jonathan James Kendrick. It's throughout the whole movie. Is that common in the Corps? I'm an Army vet, and never saw anything like that.
I'm not a US Marine but it's possible that they're doing it because it's a court room and a very formal place.
The screenwriter is using it for dramatic effect. Marines typically state their full rank (ie Staff Sergeant rarely accepts being called Sergeant) but otherwise the full name and 'United States Marine Corps' at the end is rarely used except in ceremonies.
Exactly! I was in the Army for 20 years and never referred to anyone in this manner.
DON'T LOOK AT HIM!!
has there ever been a courtroom movie that does NOT have a scene where it's raining outside to add dramatic effect?
If it was England it’s always fucking raining!
Yes
Footloose vs Danga' Zone??? A Loggins against a Loggins!!!!
Galloway's self-righteousness combined with her ineptitude border on unintentional comedy throughout the film.
Couple issues I had with this movie. First, a colonel would never be stupid enough to fall for Cruise's trap. He would know very well what would happen if he admitted the ordering of a Code Red. Second, unless I'm not remembering, why didn't they put Dawson on the stand? They put the other private on the stand and he originally said the Kendrick gave the order, only to lie on the witness stand. Then he said that Hal gave the order. Ok fine, so then why not put Hal on the stand in addition OR instead of the other private??? Kenrick obviously gave the order so if that is what you are trying to establish then why not put Dawson on the stand and have him say Kendrick gave the order? Just a stupid part of the fucking movie if you ask me.
It was a huge gamble but Kaffee was relying on the colonel's emotional outburst to tell everyone that he was in the right and wanted everyone to know it. He trains soldier, and who is anyone else to question how he does it? It was too big a risk to have ever even tried so yes, Kaffee should have known better than to have Galloway convinve him otherwise (Never ask a question you do not already know the answer to). She even said before to Kaffee that if he does not feel it is going to happen, leave it be. The film would not have otherwise had that iconic line 'You can't handle the truth!', which the judge should have shut down as it was harassing the witness.
Downey was only put on the stand only because they did not know until then that he was not in the room when the order was given. Had they known, they would never have allowed him on the stand. It was a huge screw-up by Galloway and it exposes yet another moment of her ineptitude as a lawyer. Her failure to do her due diligence, along with the soldiers' failure to fully co-operate (remember the bit when the Dawson replied to Kaffee 'You did not ask us, sir' or something to that effect) destroyed their own defence. If she was even a slightly competent lawyer and done her checks, she could have then separated her client from Dawson and argued that Downey was given an illegal order by him rather than from above. But it was a joint defence so now both marines are screwed together. Galloway is an idiot and a coward, and has a lot to answer for in this film.
great scene have to understand timelines
(Thunderstorm and 💡 lightning ⚡️ sounds and 🌧 raining outside; Downey is on the stand in the courtroom)
This is a polished movie.
I love it to death.
But, I am shocked how throughout the entire movie they refer to a PFC as "Private".
No PFC wants to be called a Private.
Just like a Captain doesn't want to be called a Lieutenant.
I am now 62 years old. I have been around the Marine Corps all my life.
My son is now a 3rd generation career Marine.
Any Marine will concur.
The writers of She-Hulk should take notes of court proceedings, lol.
"And one thing that we all realized very slowly was none of us are that adept at writing, you know, rousing trial scenes.”
Footloose is the best lawyer in the room.
Oops Private caught in a trap. No order from Kendrick directly.
As the drama unfolds, a command from the top (Jessup) is always followed by all subordinate or else men die. Men are not allowed to take orders into their own hands or men die.
Jessup disobeyed an order not to give Code Reds. And Santiago died.
How very appropriate.
I don't understand why this revelation is damaging to the defense. It doesn't help Dawson at all, but Downey should walk. Their defense was based entirely on the idea that they were following an order. Assuming that's a valid defense, Downey shouldn't even be there. Jessup denied giving the order to Kendrick, and Kendrick denied giving the order to Dawson, and so Kaffee needs to prove that one, or both, of them gave the order. But unless Dawson denied giving the order to Downey (which he couldn't because he asserted that he received the order from Kendrick), Downey was following Dawson's order, so Downey's murder charge should be dropped.
Green weenie got em'
“You [Sam] know how to prepare a witness”. - Kaffee
Does he though?
In a real courtroom, the defense would've objected a dozen times during this questioning.
Not with a shitty lawyer.
Yeah, but then we would not have this classic monologue.
He had to time that answer before the ominous thunder came
Typical Pfc blaming everyone and anyone he can lol
The entire defense is based on the idea that Jessup ordered the code red. If following orders is a legitimate defense, then why is this revelation a bad thing? Downey was following orders from Dawson. Assuming Dawson doesn’t deny that, and assuming that following orders as a legitimate Defense, then Downey should be free to go.
He didin't want to sell Hal 😭😭
War is young men dying while old men talk...
"you know this, ignore the politics"
Alright, so lets kill us some senior citizens to even it all out.
And those old men were once young and fighting
Question...wouldn't the prosecution have to disclose this evidence to the defense ahead of time?
What doesn’t make any sense is why getting this confession out of Downey though threatened their defense at all. All you have to do to counter this is use Dawson’s testimony to establish that he did hear the order directly from Kendrick and then passed it on to Downey. It’s kinda dumb how that got spun as a potential nail in the coffin for their defense
Because it weakens their argument that the order came from above. Their argument was that they BOTH heard the order but Downey was not actually in the room, making it a 'he said, she said' thing between Kendrick and Dawson. Who are you more likely to believe - a higher lieutenant or a lower marine? So now it looks more like the Dawson conspired against the victim on his own and Downey followed out of loyalty and there are no other witnesses to say otherwise. Well, except Markinson who then could not for obvious reasons.
The witness was... baconated 🤣
why didn't they put Dawson on the stand before Downey?
I guess they weren't as good of legal professionals as they thought or it slipped their minds. After all, Kaffee was only in the Navy for 9 months. Maybe he's still learning the ropes yet???
They may have. By starting at the end of Downey's direct testimony, it implies that they haven't shown everything.
Dawson had a personal grievance towards Santiago for snitching about firing an illegal shot, so it would have been his word against that of Kendrick, a highly-decorated officer with an impeccable service record. Downey had no such grievance, but the defense was (as we find out) unaware that he hadn't actually received direct orders from Kendrick. Something they had taken for granted.
It might have looked like the dumb one (Downey) was just going along with the story Dawson made up.
bacon was a great choice
Private Dawson, DID YOU ORDERED CODE RED ????
_YOU'RE GD RIGHT I DID!!!_
***roll credits 45 mins before the movie was originally supposed to end***
Does the legal term 'discovery' not mean ANYTHING to these people???
Kevin Pollock. Shit he does a kickass Christopher Walken impression.
stupid question - why didn't dawson testify about the code red??
He looked at hal like a scared child calling for his mommy
Why didnt they have Dawson testify first or at all period? Despite being military man he seems to be bright, level headed, ethical and would have helped Downey out big time before he testified. The fact that he didnt was only plot hole I saw. Was it cause the actor that played him was a 1st time actor since he was location scout for Rob Reiner before this and not an actor who can take a handful of lines?!
Also, another big plot hole is where was Santiago being transferred to? Trust me, I was in the corps and had buddies go to different units. They never make any mention of this and wherever Santiago was going, his new command would've been mentioned and notified but they weren't. Then again, this is Hollywood and they'll never get anything factually correct when they're making a military movie
Because Dawson had a motive to hurt Santiago who ratted him out the illegal fence line shooting
Despite being in the military?
@elijah he wasn’t being transferred to another duty assignment he was being discharged from the military all together.
Tom looks handsome throughout
Tom Hanks doesn’t even appear in that movie
Wait until John Travolta passes his law exams
It's not solid technically, but this is a great character movie and an excellent study of how a philosophy of "the ends justifies the means" can slowly derail people into evil.
Would a more junior soldier make up a order by himself
He could have made it back to the barracks at the time he said, if the switch log wasn't accurate. Its never proved that the log was accurate.
2:35 a convenient thunder
The Commander was green but I don't think its realistic that she would miss such a critical piece of information.
Sure it is ... If you saw the movie, the scene earlier where they were talking about her, in a room and saying how she had little trial experience - in non-serious cases.
How did Ross know about the flat tire and the fact that Downey wasn't even at the barracks at 4:20, when Downey's own lawyer didn't know that?
May be he had a word with "pick-up" private....that is to say he doesn't handle it in a fast-food, slick-ass persian bazaar manner.
He checked the logs that the kid talked about.