The Good Wife s03e07 Episode Script
Executive Order 13224
I am an American.
My parents were American.
My children are American.
And in 2007, you were a translator in Afghanistan? Yes, during the Marjah offensive.
I worked for a military contractor.
And it was after this offensive that you were arrested Objection.
This testimony may infringe on the Classified Information Procedures Act.
Your Honor, the government is denying this arrest even took place.
How can it be divulging a state secret if it never happened? Yes, counselor, in a day bursting with catch-22s, this one seems particularly egregious.
Overruled.
You may answer.
The day after the offensive, four men showed up in my camp.
I was hooded, placed in a van and taken to Camp Whitcomb.
I beg your pardon, Your Honor.
I'm AUSA Glenn Childs and I ask leave of court to join my co-counsel on the defense.
I thought you feds were going through some sort of budget crunch.
- I get two of you.
- I'm merely here to supervise.
Mr.
Marwat is suing us for $6 million for a torture that never happened.
We take this very seriously.
Well, pull up a chair.
The fun's just beginning, supervisor.
Ms.
Lockhart.
And what happened at Camp Whitcomb, Danny? Well, over the next six months, I was forced into stress positions, punched, kicked and, um, waterboarded.
Why? What did they wanna know? Heh.
If I had ever met Satar Yusuf-Khel, a tribal leader with connections to al Qaeda.
And had you ever met him? No.
And I told them that, but they didn't believe me.
Heh, heh.
They didn't even believe I was an American.
- And why are you suing now? - My government tortured me.
They won't even acknowledge that they did this to me.
I don't want this to happen to anyone else.
- This isn't about the money.
Good.
Then let's all go home.
Mr.
Childs, let's hold the editorializing, please.
Nothing further, Your Honor.
Mr.
Childs, Mr.
Zschau? No questions, Your Honor.
But we ask the case be dismissed with prejudice.
- On what grounds? Danny's attorneys have not introduced corroborating evidence that he was even ever at Camp Whitcomb.
Because the government has rejected every request for access to their secret court proceedings into Danny's arrest.
But I don't understand why the evidentiary bar must now be lowered.
It's just belt-tightening.
It's not punitive.
We're reviewing all my predecessors' long-term investigations.
If it's not about drugs or Homeland Security, we're cutting them.
Sorry.
Well, should we just skip the preliminaries and get right to the pass? Oh, Dana, Dana, Dana, is it really your last day? Tomorrow.
Although I could go home early if you want.
And miss the pleasure of your company? My question is, why are you here arguing an investigation that you're gonna have nothing to do with? Pride of authorship.
I spent two years on it with Matan and we're finally getting somewhere.
It's an investigation into your wife's law firm.
Actually, Mr.
Agos, it's a RICO investigation into corrupt defense lawyer practices.
Sounds like my wife's firm.
We had a tip earlier this year from a walk-in, a private investigator named Blake Calamar.
He said one of the partners at Lockhart Gardner had a gambling problem.
He took $45,000 from a client's account to pay off a bad bet.
- Which partner? - Will Gardner.
Will Gardner took $45,000 from a client's account? He intended to put it back after a long weekend, but it was discovered missing.
This Blake Calamar was tasked with covering it up.
How long ago was this? - Fifteen years.
- It's not our jurisdiction.
Correct, it was at his first law firm in Baltimore.
But we believe that it points to a pattern of abuse at Lockhart Gardner.
Wow.
Well, uh, we need to think on this one.
You on your way back? In about 30 minutes.
Why? Kalinda thinks we might have a possibility on this torture case.
Really? Thought everything was top-top secret.
Might be a way to find evidence of Danny at the camp through not-top-secret means.
But it will mean taking the case to the next level, confrontationally.
You're wondering if I'm all right with poking the bear even harder.
Yes.
So to speak.
This is not some corrupt oil company that we can pressure to settle, this is the government.
They can make life hard for us.
GRACE Mom, pick up the phone.
Mom, pick up the phone.
L Where are you, Will? - Lunch.
Ow.
Grace.
Hi, what's up? Okay, I'll see you back here in a half an hour? Right, yeah, I'll be there in about a half hour.
Bye.
- Lisa, uh, could you get Alicia for me? Sure.
She's at lunch.
Her assistant said she'll be back in a half hour.
Sorry, what? Um, I wanna go to Bible study.
- You wanna go to a Bible study? - Yes, can I go? Um, let me think about it, okay? I'm at a lunch.
I'll call you afterward.
- It's kind of late for lunch.
- Yes, it is.
Thank you.
I'll call you back.
How many times does Jesus condemn gays in the Bible? How many times does Jesus condemn divorce? Six times.
But listen to any preacher and who do they say is going to hell? Gays, not your divorced parents.
Two thousand meals a day.
We contract with the military for breakfast, lunch and dinner, and, uh, during Ramadan, one large meal at night.
And these were for the inmates at Camp Whitcomb? Yes.
People don't think about making meals in a war zone, but people have to eat.
Um, was there anything unusual about these meals? Well, they had to conform with Muslim dietary restrictions.
You should have been the books our chefs had to read.
Did you prepare any meals for food allergies? Objection.
This testimony infringes on Classified Information Procedures Act.
- The composition of a meal does? - Yes.
It could disclose the identity of fighters housed there.
Well, Mr.
Zschau, unfortunately, the U.
S.
Will just have to stand tall in the face of their meals being exposed.
You may answer.
Yes, we get requests for special meals, but not many.
Our client, Mr.
Marwat, not only required the usual Muslim dietary restrictions, but he was also diagnosed as lactose intolerant at the age of 5.
This is a food order form that was sent to your company dated September 20th, 2007, the same day our client was sent to Camp Whitcomb.
Can you please read the left-hand column? "Ramadan fasting meal.
Quantity: One.
" - And underneath it.
- "Lactose free.
" So here's the thing.
I look at these issues simply.
I think there is now convincing corroborative evidence that Mr.
Marwat was at Camp Whitcomb, so I'm going to allow this lawsuit to go forward.
Mr.
Childs, please instruct the Defense Department to turn over all the secret court transcripts requested by the plaintiff'ss attorneys.
We would also request Executive Order 13224.
Excuse me, Your Honor, to ferret out fake charities funding terrorist organizations.
This is a lawsuit Danny's brought against the United States Yes, but 13224 also has broad application - when a terrorist hires a lawyer.
Danny is not a terrorist.
Or suspected terrorist.
That lawyer must make available for inspection "any relevant information, reports or records requested by the secretary of the Treasury.
" Your Honor, this is an egregious violation of attorney-client privilege.
I would agree and yet it's the law.
So make an attorney available to meet with a duly-appointed official of the Treasury.
- You meet with him.
- I've never done this before.
No one has.
We're in a strange new post-9/11 world.
None of the rules apply.
I've become obsessed with cupcakes.
- No, thank you.
- Hmm.
Smart.
They're 497 calories each.
So this is the official part, Mrs.
Florrick.
It'll be painless, don't worry.
Uh, "I'm Gordon Higgs, the designated Treasury secretary monitor for trial case number 670-3.
Your firm, Lockhart Gardner, has been granted a license to represent Mr.
Marwat in his lawsuit against the United States of America, which requires periodic reporting to my office.
" Are you, Alicia Florrick, the lawyer designated by your firm to report? - I am.
- Good.
So how's it going? How's it going? Fine.
Good.
First questions first.
Is Mr.
Daniel Marwat involved in your trial strategy sessions? Don't worry.
I'm with Treasury.
There is no contact between my office and the Department of Justice.
They won't hear an inkling of what we say here today.
So is Mr.
Marwat involved in strategy? - Yes.
- Good.
Has anybody else been involved? I mean, anybody else other than your firm lawyers involved - in these strategy sessions? - No.
- Uh, no one of Middle Eastern descent? - No.
Uh, who is, uh, Kalinda Sharma? She's an investigator with our firm, but she's not She's an employee.
Hmm, I know, but she's not a firm lawyer, right? That was my question.
Look, we're not, uh You're not getting anybody in trouble here.
This is not naming names and I'm just trying to figure out the cast of characters, so has Mr.
Marwat mentioned receiving remuneration of any kind from overseas? No, not to my knowledge.
Have you ever observed him making calls overseas? - No.
- But you have seen him make calls? L - Yes.
- On how many occasions? Um, well, he's been with our firm for six months now, so after witness prep I think twice.
Was he speaking English? I don't remember.
I mean, l I wasn't close enough to tell.
Was anybody at your firm close enough to say? No.
Have you ever heard Mr.
Marwat mention the Afghan region of Badula Qulp? I think I pronounced that correctly.
- No.
- He never mentioned Badula Badul It's so hard to say this word, Badula Qulp.
No, not to my knowledge.
Could you please make a note if he ever does in the future? Mr.
Higgs, I'm not an investigator for the Treasury Department.
I'm a lawyer representing Mr.
Marwat.
I know.
I know.
My apologies.
I put that inelegantly.
So let's, uh, get another meeting on the books and we'll talk then.
I'm not here to investigate for you.
I know.
We'll just meet and talk.
The good news is they complied with our subpoenas.
The bad news is they depo dumped us.
These are transcripts of hundreds of secret court proceedings, all redacted.
And yet we have to scour every page.
Sometimes the censors miss something.
And Danny is here to help.
You find any name in this transcript you don't understand, run it by Danny.
Any region, anything.
If he recognizes it, it means we're on the right track.
The right track to what? To finding a government official who ordered Danny's arrest and torture.
It's what we need to win.
Oh, Kalinda, what do you have? Well, at the moment, nothing.
I've been trying to locate Army personnel at Camp Whitcomb, but no one wants to talk.
- What about retired officers? - I'm looking into it.
Okay, go run with it.
Diane, can we talk? - My meeting with the monitor.
- Oh, sure.
In a minute.
Why are we doing this? The government's not gonna cough up $6 million.
So why are we doing this? Because it's the right thing to do.
No, you think it's the right thing to do.
I was in D.
C.
On 9/11 Oh, what does that have to do with anything? Our government took steps to prevent another 9/11.
- I saw the smoke from the Pentagon.
- Danny is innocent.
- Which is why he's free.
- After he was tortured.
Wait, do you think anybody's being tortured now? Under your friend, Obama? Do you think anybody's being tortured? - I don't know.
- No.
You're fighting an old war.
Rumsfeld and Cheney are gone, writing books.
Come on in, Bob.
I don't wanna interrupt, but you called me.
Yes.
Will, this is Bob Lachness, our insurance agent.
We need to re-up our insurance for next year, and, uh, Mr.
Lachness has a question or two.
You said you might wanna raise your workplace insurance amount.
Am I really needed for this? We usually decide this together.
Uh, workplace insurance is? It's suits from employees.
Sexual harassment.
Coworkers or bosses sleeping with underlings.
You know, that stuff.
You were saying about savings? Yeah, I can keep your cost low if you have everybody here take a sexual harassment class.
Hmm.
What do you think, Will? I think I trust your judgment, Diane.
As you trust mine.
You have my proxy.
Wow, this is just Wow.
Yep.
They're like reading a puzzle.
"Question: Is this wiretap really necessary, counselor?" - Answer: - It is, Your Honor.
Question: - Could you please extrapolate? Certainly.
If you'd please refer to page 18 of the **** before immigrating to the U.
S.
And did Dr.
**** accused? We intend no disrespect, Your Honor, **** of this clan and not **** through his mother.
Wow, it's impossible.
Wait, listen.
"Question: And in these sessions at Camp 'blank,' who was your medical authority?" Answer: As required by the court, we had on call Dr.
****.
And did Dr.
**** any comment regarding the accused? Look how long the blacked-out name is.
We might have found something in the transcripts.
What? The secret court transcripts refer to an Army medical doctor who was there to observe the enhanced interrogations.
His name is referenced in several places.
There, there and there.
Yes, redacted.
But look at the length of the redacted name.
The length of the redaction, if measured out, is approximately 12 letters long.
My guess, if we cross-reference it with Army medical doctors, we'll find only a few with a name of that length.
I'll get Kalinda on it.
Good job.
Diane, about my meeting with the monitor.
He asked if Danny had spoken to anyone overseas.
- What did you say? - I said I didn't know.
This is so bizarre.
Where is attorney-client privilege? He also asked if Danny had ever mentioned Badula Qulp, a region in Afghanistan.
- Why did he ask that? - I have no idea, but I have to report back tomorrow.
He's trying to make you his eyes and ears.
There's a Chinese wall between Justice and Treasury, but obviously, this makes me uncomfortable.
Obviously.
Okay, thank you, Alicia.
So, um, this Will Gardner investigation you're against it? I'm Yes.
I think it's too fraught.
He's my old boss.
Your wife is his new employee.
So you think we should dump it? I think if Will Gardner were anybody else, we wouldn't go forward.
And that's the rule we've used until now.
I know, which is why we have to go forward, unfortunately.
If it were just anyone else, we'd pursue it.
I disagree.
There's no drugs here and no Homeland Security.
There is drugs.
We'd use Will Gardner to go after his drug dealer client, Lemond Bishop.
So you wanna pursue it? I want you to pursue it.
Dana's out the door and you've worked at Lockhart Gardner before.
I need you to pick up the reins on this.
Then I will.
- Hello? - It's Mom.
I'm so sorry to bother you at work, but I just have a quick question.
You can pick the kids up, right, because I can't get out of here till 7.
No, yes, I'm there now.
It's just, um, Grace wants to go to a Bible study.
Mom already said that I could.
I just wanna be sure it's fine with you.
Where is it? That's the thing.
It's at a nightclub.
It's not at a nightclub.
They're just borrowing the space.
Alicia said it was fine, but I don't know.
To me, it sounds a bit cockeyed.
What kind of Bible study is at a nightclub? Uh, if Grace wants to go, it's fine with me.
My name is Dr.
Val Phouayvongsa.
Could you spell that, please? P- H-O-U-A-Y-V-O-N-G-S-A.
Thank you, doctor.
What was your job in 2007? I advised officers on advanced interrogation methods.
Such as? - Abdomen strikes.
I explained how an open-handed slap was preferable to a punch, which could cause internal damage and thus be considered, uh, torture.
And did you supervise the interrogation of Danny Marwat - on November 12th? - No.
Strike that.
Were you asked to examine an inmate after an interrogation on November 12th? I was, but I didn't see him.
He was hooded.
I understand.
But did you hear the officers - refer to him by name? - I did.
And what was that name? - Danny.
Thank you.
No further questions.
- Mr.
Zschau, anything? No, Your Honor.
But we do have a rebuttal witness.
- Do you need a subpoena? - No, he's here, Your Honor.
Danny Marwat.
Good morning, Mr.
Marwat.
- Good morning.
Who's that? That? Um, it looks like me.
- In Afghanistan? - Yes, before my arrest.
Actually, a week before your arrest.
I was thinner then.
We all were.
Can you, uh, zoom out on the photo, please? Who's that? - I don't know.
Really? You seem to be chatting with him.
L He looks familiar, but Would you be surprised to know that is Satar Yusuf-Khel? Your Honor, we ask for a recess.
- The leader you swore you never met.
- We need to consult - A man connected to al Qaeda.
- Your Honor, please.
Okay, you did know this tribal leader.
It's not what they're saying.
But you lied.
You knew him.
No, no, his daughter was dying from dysentery.
I brought him medicine, that's all.
I took it to his home in Badula Qulp.
Oh, okay, wait, stop right there.
Alicia, could you please step out? Why? - Alicia's meeting with the monitor.
He asked about Badula Qulp.
But wait.
- What? - She has to tell the monitor what Danny just said.
According to the terms of our 13224 license.
Yes, but if that's true, she'll also have to tell him we asked her to step outside.
This is crazy.
Okay, so you didn't ask Alicia to step outside? No, I did, but then I thought better of it.
Okay.
We're going to stop this meeting for a minute.
You poked the bear.
I asked not to poke the bear.
Stop with the bear talk.
They've been right since day one.
- Our client did it.
To save a girl's life.
- Oh, he's a real humanitarian, Diane.
- Stop.
Alicia can see that we're arguing, so just calm down.
We drop the suit.
I don't care if he was tortured, he lied to us.
I agree.
Sorry to interrupt.
Will, there's a call for you from Cary Agos.
- It's important.
- Maybe this is good news.
Maybe he wants to give me money.
What's up, Cary? Well, a lot of things.
Um Do you have some time to talk today? - About what? - We have an ongoing investigation and we need to have some questions answered.
Am I under indictment? No, not yet.
I just I think it's just the name, red velvet.
It just makes it so desirable.
Just so you know, Mr.
Higgs, there'll be no more need for monitoring.
We're dropping the case.
No, no, actually, there is need for monitoring, so please sit down.
- No, thank you.
- No, you don't understand.
Justice has brought criminal charges against Mr.
Marwat.
They're? What criminal charges? My guess is aiding and abetting a terrorist, but again, we have a Chinese wall, so I'm just guessing.
But please sit down.
Even if you're not going to be the attorneys, I need you to sit down.
Good.
Now, since we last talked, did Mr.
Marwat mention anything about the Badula Qulp region? L Alicia? Uh, do you want me to repeat the question? No.
- Do you mind answering it? - I do.
I'm sorry, Alicia, but you have to answer the question.
- I can't.
- Actually, you can.
The penalty for not answering is eight years in prison and a fine of $250,000.
So again, did Mr.
Marwat mention Badula Qulp? Is it my right to consult a lawyer? It is always your right.
But I wouldn't advise it.
I wanna consult with a lawyer.
And what did he say then? He said he advised against me getting a lawyer.
Of course he did.
You did the right thing.
Danny talked about meeting this tribal leader expecting attorney-client privilege.
But if you tell the monitor, he'll be arrested.
The penalty for not answering is a $250,000 fine and eight years in prison.
Did he say anything about the firm? The firm? Did the monitor ask - about what we said to you? - No.
They could still come after us.
The whole firm.
Okay.
We've talked to Nick Cotella about representing you.
And Nick is good and he knows this area inside and out.
And we'll cover the cost.
Okay.
- I'll think about it.
- Think about what? Representation.
Well, you need a lawyer, Alicia.
I know.
I just want to explore my options.
Nick is good, Alicia.
He's handled these things before.
Okay, thanks.
Hello.
Uh, Cary Agos and Dana Lodge for Will Gardner.
So Cary in his natural habitat.
I can see you here.
Aren't you supposed to be at your high-paying defense attorney job? - They delayed me a week.
- Yeah.
I don't think you have a new job.
You're just like one of those moms who lie about being pregnant.
That happens a lot in your experience? Hello? - Hello? It's okay, I don't need water.
It'll just take a minute.
Hello, Fantasia.
Bottled water, please.
Who is this? Elsbeth Tascioni.
Who's this? Get off my intercom.
- This is my intercom.
Miss Tascioni, I'm fine.
Sorry, it's just We had this wired yesterday to make life easier - and now it's Grr.
Anyway I do understand the impossible position If you reveal what you know about your client, he'll go to prison.
If you refuse to talk, you'll go.
So now you see why I need a lawyer.
Oh, yes.
I just don't see why it needs to be me.
Especially if your firm is offering a hitter like Nick Cotella.
I think I need a little distance from my firm.
Their issues aren't yours? They wanna protect their firm? And I saw how hard you fought for Peter.
If you hadn't gotten him acquitted, he wouldn't be sitting in the state's attorney's office.
Now you've got me blushing.
Who is this? Who is on my intercom? Is your firm being aggressive with this criminal case? We're trying.
We wanna have it quashed in pretrial motions.
Good.
That's our strategy.
We need to stall your Treasury guy until the criminal case goes away.
They can't hold you to 13224 if there's no case.
Good.
- How? - I don't know.
But it's a strategy.
And a strategy is better than none.
You just don't worry, okay? I like that color on you.
Deputy state's attorney? Wow.
Peter Florrick better watch his salt intake.
Thanks.
Um I think you know my colleague, Dana Lodge.
Hawkins murder case last year.
I like your office.
It's big.
Thank you.
So, what can I help you with? Well, this is a bit awkward.
I don't know how to start.
Forty-five thousand.
What was that? The attendance at the Bears game last night? Not unless the Bears were playing in Baltimore.
You took $45,000 from a client's account to make up for a bad bet.
Where are you getting your information? Someplace dependable.
We're not after you, Mr.
Gardner.
Even if we wanted to be after you, it's not our jurisdiction.
We're after your client, Lemond Bishop.
What's going on, Cary? Crystal meth is a nationwide problem that has hit Cook County particularly hard.
Lemond Bishop is ground zero for meth.
And we represent his legitimate business interests.
You mean, his money laundering interests? Let's get this on the record, shall we? - Do you need something? - Yes.
These two ASAs are from the state's attorney's office.
Excuse me, one ASA and a deputy.
And unless I'm mistaken, they're committing a criminal act using intimidation to coerce me into breaking attorney-client privilege.
You are mistaken.
Good.
Then please clarify.
There is no privilege if the attorney becomes aware of illegal activities that his client intends to commit in the future.
Oh, so this is just an attempt to remind me of my legal responsibilities.
Yes.
A reminder with teeth.
Even if something may not land in our jurisdiction, it's still disbarrable.
Thank you.
I think the meeting's over now.
How are you doing? You liking it here? It's exciting.
And it'll only get more so.
No, let's just let the moment resonate.
Miss Lockhart, you asked to sue the government.
I said yes.
Now you're dropping the suit.
And you, Mr.
Childs, are taking up a criminal case.
And here we all are, the same people, one week closer to the grave.
New information has arisen from Mr.
Marwat's testimony in the civil case, Your Honor.
That is why we've indicted Mr.
Marwat for perjury and for conspiracy to aid and abet a terrorist.
I imagine you'd like me to consider a motion to dismiss, Miss Lockhart.
- Of course, Your Honor.
- On what grounds? On the grounds that how else will I spend my afternoons if the three of you aren't here? I will consider motions at 10 tomorrow.
May I help you? Oh, um, my name is Elsbeth Tascioni and I represent Oh, my gosh, that is the prettiest cupcake I've ever seen.
I represent Alicia Florrick.
She's someone you met with and advised not to get an attorney.
Really? Well, I would dispute that.
Yes, I know you would.
It's not great for a Treasury Department official to advise that, is it? Is she bringing charges? No, she's much too nice for that.
That's why she has me.
Well, you see, I have office hours.
Up in my office.
Up there.
And, um, this is my lunch break.
Oh, okay.
I'll just, um I'll just sit here then.
Your client has a duty as an American to help us weed out terrorists.
And even if that weren't the case, she's under penalty of law to answer all of my questions.
Which my client is willing to do, in the presence of an attorney and with a grant of transactional immunity.
Your client wants immunity? No, she doesn't.
I do.
You're trying to delay.
Of course I am.
Call me when you get the grant.
Do you know where I can get my parking validated? - No.
- Okay, sorry.
You want me to What? Yeah, I was thinking about it all night and I know you must be busy.
I like that jacket, by the way.
But I need help with one of my clients.
Do you have any experience with insurance companies? Do I? No.
That's okay.
It's much more interesting than you might think.
If you could just read these.
No, not these.
Um - These.
- And I'm doing this, uh, because? Well, Mr.
Higgs, your monitor, is gonna ask you what I said here when I handed over these files.
And I just want you to be clear about what I'm saying.
Okay.
"I need your help on this insurance case because I'm swamped.
Look at all this paper.
Phew.
I need help.
" That's what you want me to tell him? No, that's what you will tell him because that's what you heard me say.
I'm Okay.
No, that's okay.
Bye.
Go ahead.
You're coming after me.
Mr.
Clean now.
You're coming after me.
If you're referring to our task force, it's not about coming after you.
And if my ASAs gave you that impression, I apologize.
You sent them to my office, trying to turn me with this old BS.
- Are you insane? - I think you should calm down.
And I think you should go to hell.
You're not above it, Peter.
I don't care what conversion you had in prison.
You're in the mud just like the rest of us.
I'm not the one who's Go ahead.
You're not the what? What? You're not the what? I have not gone there.
Anything I have ever said to you or done to you, I haven't gone there.
Gone where? Go ahead, say it.
No.
That's what this is about, huh? Alicia? That's why you tried to audit us.
That's why you're going for RICO.
Oh, man, you're pitiful.
Get a pair of balls and throw a punch.
I don't give a rat's ass what you think it's about.
You steal $45,000, you go to jail.
There's two of us here.
Only one of us has seen the inside of a cell.
Have a good day, counselor.
You come after me, Peter, that's not where this ends.
You know it.
I see you brought your lawyer, Mrs.
Florrick.
Yes.
Mr.
Higgs and I met yesterday.
- Hello again.
- Hello.
Uh, are you ready? - I think we are.
- Good.
So, Mrs.
Florrick, did your client ever mention Badula Qulp? Actually, I'm gonna ask my client not to answer that until she has a grant of transactional immunity.
This is a grant of limited immunity tied to your client's answers.
As long as Mrs.
Florrick is forthcoming and truthful, she cannot be charged for any of her actions.
- Okay, let me read it.
- I sent a copy to your office.
Yes, I just wanna make sure you haven't changed anything.
It will take about 30 minutes or so.
This is a delaying tactic.
If you keep interrupting, I keep having to go back to the top.
This arrest warrant, - it will be served in Afghanistan? - Yes, Your Honor.
And this is based on the testimony of Army intelligence officer, Lieutenant ****? Yes, your honor.
Lieutenant **** complied with all necessary ****.
His answers were ****, Your Honor.
How do you mean, ****? Unresponsive? No, brief.
I'm sorry to interrupt, Miss Lockhart.
- I'm Caitlin, down in - I know.
What is it? Well, I normally would go to Alicia with this first, but I can't find her.
Yes.
What is it? In the court transcripts, the reason for the arrest is an Army intelligence officer, - but the name is redacted.
- Yes, I know.
But how they redact these transcripts is through a program that searches for words.
They double-check by eye afterward - Okay, Caitlin, I'm heading to court.
- Oh, right, sorry.
Here.
"His answers were 'blank,' Your Honor.
" And here.
"The suspect was uncooperative.
His tone was 'blank' with one-word answers.
" They redacted the adjective.
My guess is their redaction program mistook it for a name.
- Curt? - Yes.
"His answers were curt, Your Honor.
His tone was curt, with one-word answers.
" Or at least that's my guess.
Did you check? Lieutenant Matthew Curt.
Army.
Nicely done, Caitlin.
Thank you, Miss Lockhart.
Okay, it looks hunky-dory.
Great.
Thanks.
So, Mrs.
Florrick, did Mr.
Marwat mention Badula Qulp since you last talked? Actually, I'm gonna ask Mrs.
Florrick not to answer that.
I know, and I'm sorry for frustrating you.
It's just that, um, it turns out since we last spoke, uh, there's a conflict of interest with regard to Mrs.
Florrick's representation.
What conflict of interest? Your voice gets very intense when you get quiet.
It rattles me.
Um - What was that? - My conflict of interest.
Right.
Mrs.
Florrick now represents North Guard Insurance, the company that provides liability coverage to employees of Martinel Security working in Afghanistan, including Danny Marwat.
You'll find it in their annual report.
It's that company that has the alligator in their commercials.
Have you seen those? They're so funny.
Mrs.
Florrick can't answer your questions about her client, Mr.
Marwat, without breaking attorney-client privilege with North Guard.
You see our problem here? When did you take North Guard as a client, Mrs.
Florrick? Yesterday.
And did Ms.
Tascioni bring you this client? Yes, she told me she needed help on the case.
- Do you know the penalty for lying? - I do.
What did Miss Tascioni tell you exactly when she brought you this account? She said: "I need help on this insurance case.
I'm swamped.
Look at all this paper.
" - I'm taking this to court.
Good.
I think the courts have shown a certain, let's say, affinity to corporations like North Guard and their rights.
The Supreme Court has even insisted on their personhood.
My guess is they won't look kindly on your attempt to infringe on their attorney-client privilege.
I wanna learn from you.
There is nothing you can learn from me.
I mean, I'm just, um Let's go.
Lieutenant Matthew Curt, Army intelligence officer.
Are you the officer who authorized the use of enhanced interrogation techniques on my client? Objection.
Relevance.
Mr.
Marwat's civil suit has been dropped.
The circumstances of his detention have nothing to do with these charges.
The prosecution obviously has evidence against my client.
We're trying to determine how they came up with this evidence.
I'm thinking, thinking.
Overruled.
You may answer.
I'm prohibited from answering that under the Classified Information Procedures Act.
Your Honor, the prosecution is basing its new conspiracy charge against my client upon the interrogation from the first arrest.
But without Lieutenant Curt offering any reason for this interrogation, the arrest and its ensuing interrogation should be considered inadmissible.
Mr.
Zschau, I have overruled your objection.
Lieutenant Curt may answer.
Again, I'm prohibited from answering that under the Classified Information Procedures Act.
I'm sorry, Mr.
Zschau, but the defense's motion to dismiss is granted.
Thank you, Your Honor.
Thank you.
Are you getting divorced, Dad? I don't know.
Why? I just don't know if you should.
I don't think it's just up to me.
Do you think Mom wants to get a divorce? I don't know what your mom wants.
Well, I think she just wants to be happy.
Yeah, I know.
So do I.
You're not? Well, I wanna do the right thing.
But sometimes it's hard to know what the right thing is.
Well, you should just ask me.
Ask you.
Um, I'm gonna be right back.
You okay? - And then we'll go home.
- Okay.
- I love you.
- And I love you.
They just toyed with me.
- You don't know that.
- No, I do know that.
They used me like a stalking horse to get the lawyer they wanted, okay? You know, I told my mom I was going to a new firm.
Oh, God.
You want me to call her and tell her you screwed up? Don't try to cheer me up.
Look, I was working at a law firm and they fired me.
And you know what I did? Hmm? I decided to make them regret that day.
You work twice as hard and you beat them.
You beat every defense attorney Am I interrupting something? No, no, we're good.
We're just talking.
Okay.
I'm absenting myself from the Lockhart Gardner case.
- You want us to drop it? No, it's a good case.
I want you to report to a special prosecutor.
I'll assign one.
I have too many conflicts of interest.
Okay, we'll get on it.
We? I thought you were going.
No, I was misled by a law firm, so I'm staying.
And I'm pissed.
Good.
Pissed is good.
It'll make you a better lawyer.
Then I'm gonna make a pretty great lawyer.
I blew it, Doug.
No, Jan, you did the best you could.
Don't worry.
Here.
Sexuality.
It's a significant part of our culture, depicted in movies, magazines and TV.
But in the workplace, sexuality can easily become sexual harassment.
It's not fair.
Megan only got that promotion because she's sleeping with the boss.
When an authority figure becomes involved with a subordinate, is that sexual harassment? Workplace dynamics - How are you doing? - can give rise - to uncomfortable sexual situations.
- Well, I'm not going to jail.
That's good.
suddenly become upsetting.
Even hostile.
What about you? You haven't been around much.
- I've had a weird few days Smiling in a suggestive - With what? - Nothing.
It's stupid.
Something I thought was over.
Even if the gesture isn't intended to be sexual in nature, it could be misinterpreted as such.
Nothing.
But unwelcome sexual conduct can also be verbal.
Good morning, gorgeous.
Even an intended compliment can create an uncomfortable work environment.
My parents were American.
My children are American.
And in 2007, you were a translator in Afghanistan? Yes, during the Marjah offensive.
I worked for a military contractor.
And it was after this offensive that you were arrested Objection.
This testimony may infringe on the Classified Information Procedures Act.
Your Honor, the government is denying this arrest even took place.
How can it be divulging a state secret if it never happened? Yes, counselor, in a day bursting with catch-22s, this one seems particularly egregious.
Overruled.
You may answer.
The day after the offensive, four men showed up in my camp.
I was hooded, placed in a van and taken to Camp Whitcomb.
I beg your pardon, Your Honor.
I'm AUSA Glenn Childs and I ask leave of court to join my co-counsel on the defense.
I thought you feds were going through some sort of budget crunch.
- I get two of you.
- I'm merely here to supervise.
Mr.
Marwat is suing us for $6 million for a torture that never happened.
We take this very seriously.
Well, pull up a chair.
The fun's just beginning, supervisor.
Ms.
Lockhart.
And what happened at Camp Whitcomb, Danny? Well, over the next six months, I was forced into stress positions, punched, kicked and, um, waterboarded.
Why? What did they wanna know? Heh.
If I had ever met Satar Yusuf-Khel, a tribal leader with connections to al Qaeda.
And had you ever met him? No.
And I told them that, but they didn't believe me.
Heh, heh.
They didn't even believe I was an American.
- And why are you suing now? - My government tortured me.
They won't even acknowledge that they did this to me.
I don't want this to happen to anyone else.
- This isn't about the money.
Good.
Then let's all go home.
Mr.
Childs, let's hold the editorializing, please.
Nothing further, Your Honor.
Mr.
Childs, Mr.
Zschau? No questions, Your Honor.
But we ask the case be dismissed with prejudice.
- On what grounds? Danny's attorneys have not introduced corroborating evidence that he was even ever at Camp Whitcomb.
Because the government has rejected every request for access to their secret court proceedings into Danny's arrest.
But I don't understand why the evidentiary bar must now be lowered.
It's just belt-tightening.
It's not punitive.
We're reviewing all my predecessors' long-term investigations.
If it's not about drugs or Homeland Security, we're cutting them.
Sorry.
Well, should we just skip the preliminaries and get right to the pass? Oh, Dana, Dana, Dana, is it really your last day? Tomorrow.
Although I could go home early if you want.
And miss the pleasure of your company? My question is, why are you here arguing an investigation that you're gonna have nothing to do with? Pride of authorship.
I spent two years on it with Matan and we're finally getting somewhere.
It's an investigation into your wife's law firm.
Actually, Mr.
Agos, it's a RICO investigation into corrupt defense lawyer practices.
Sounds like my wife's firm.
We had a tip earlier this year from a walk-in, a private investigator named Blake Calamar.
He said one of the partners at Lockhart Gardner had a gambling problem.
He took $45,000 from a client's account to pay off a bad bet.
- Which partner? - Will Gardner.
Will Gardner took $45,000 from a client's account? He intended to put it back after a long weekend, but it was discovered missing.
This Blake Calamar was tasked with covering it up.
How long ago was this? - Fifteen years.
- It's not our jurisdiction.
Correct, it was at his first law firm in Baltimore.
But we believe that it points to a pattern of abuse at Lockhart Gardner.
Wow.
Well, uh, we need to think on this one.
You on your way back? In about 30 minutes.
Why? Kalinda thinks we might have a possibility on this torture case.
Really? Thought everything was top-top secret.
Might be a way to find evidence of Danny at the camp through not-top-secret means.
But it will mean taking the case to the next level, confrontationally.
You're wondering if I'm all right with poking the bear even harder.
Yes.
So to speak.
This is not some corrupt oil company that we can pressure to settle, this is the government.
They can make life hard for us.
GRACE Mom, pick up the phone.
Mom, pick up the phone.
L Where are you, Will? - Lunch.
Ow.
Grace.
Hi, what's up? Okay, I'll see you back here in a half an hour? Right, yeah, I'll be there in about a half hour.
Bye.
- Lisa, uh, could you get Alicia for me? Sure.
She's at lunch.
Her assistant said she'll be back in a half hour.
Sorry, what? Um, I wanna go to Bible study.
- You wanna go to a Bible study? - Yes, can I go? Um, let me think about it, okay? I'm at a lunch.
I'll call you afterward.
- It's kind of late for lunch.
- Yes, it is.
Thank you.
I'll call you back.
How many times does Jesus condemn gays in the Bible? How many times does Jesus condemn divorce? Six times.
But listen to any preacher and who do they say is going to hell? Gays, not your divorced parents.
Two thousand meals a day.
We contract with the military for breakfast, lunch and dinner, and, uh, during Ramadan, one large meal at night.
And these were for the inmates at Camp Whitcomb? Yes.
People don't think about making meals in a war zone, but people have to eat.
Um, was there anything unusual about these meals? Well, they had to conform with Muslim dietary restrictions.
You should have been the books our chefs had to read.
Did you prepare any meals for food allergies? Objection.
This testimony infringes on Classified Information Procedures Act.
- The composition of a meal does? - Yes.
It could disclose the identity of fighters housed there.
Well, Mr.
Zschau, unfortunately, the U.
S.
Will just have to stand tall in the face of their meals being exposed.
You may answer.
Yes, we get requests for special meals, but not many.
Our client, Mr.
Marwat, not only required the usual Muslim dietary restrictions, but he was also diagnosed as lactose intolerant at the age of 5.
This is a food order form that was sent to your company dated September 20th, 2007, the same day our client was sent to Camp Whitcomb.
Can you please read the left-hand column? "Ramadan fasting meal.
Quantity: One.
" - And underneath it.
- "Lactose free.
" So here's the thing.
I look at these issues simply.
I think there is now convincing corroborative evidence that Mr.
Marwat was at Camp Whitcomb, so I'm going to allow this lawsuit to go forward.
Mr.
Childs, please instruct the Defense Department to turn over all the secret court transcripts requested by the plaintiff'ss attorneys.
We would also request Executive Order 13224.
Excuse me, Your Honor, to ferret out fake charities funding terrorist organizations.
This is a lawsuit Danny's brought against the United States Yes, but 13224 also has broad application - when a terrorist hires a lawyer.
Danny is not a terrorist.
Or suspected terrorist.
That lawyer must make available for inspection "any relevant information, reports or records requested by the secretary of the Treasury.
" Your Honor, this is an egregious violation of attorney-client privilege.
I would agree and yet it's the law.
So make an attorney available to meet with a duly-appointed official of the Treasury.
- You meet with him.
- I've never done this before.
No one has.
We're in a strange new post-9/11 world.
None of the rules apply.
I've become obsessed with cupcakes.
- No, thank you.
- Hmm.
Smart.
They're 497 calories each.
So this is the official part, Mrs.
Florrick.
It'll be painless, don't worry.
Uh, "I'm Gordon Higgs, the designated Treasury secretary monitor for trial case number 670-3.
Your firm, Lockhart Gardner, has been granted a license to represent Mr.
Marwat in his lawsuit against the United States of America, which requires periodic reporting to my office.
" Are you, Alicia Florrick, the lawyer designated by your firm to report? - I am.
- Good.
So how's it going? How's it going? Fine.
Good.
First questions first.
Is Mr.
Daniel Marwat involved in your trial strategy sessions? Don't worry.
I'm with Treasury.
There is no contact between my office and the Department of Justice.
They won't hear an inkling of what we say here today.
So is Mr.
Marwat involved in strategy? - Yes.
- Good.
Has anybody else been involved? I mean, anybody else other than your firm lawyers involved - in these strategy sessions? - No.
- Uh, no one of Middle Eastern descent? - No.
Uh, who is, uh, Kalinda Sharma? She's an investigator with our firm, but she's not She's an employee.
Hmm, I know, but she's not a firm lawyer, right? That was my question.
Look, we're not, uh You're not getting anybody in trouble here.
This is not naming names and I'm just trying to figure out the cast of characters, so has Mr.
Marwat mentioned receiving remuneration of any kind from overseas? No, not to my knowledge.
Have you ever observed him making calls overseas? - No.
- But you have seen him make calls? L - Yes.
- On how many occasions? Um, well, he's been with our firm for six months now, so after witness prep I think twice.
Was he speaking English? I don't remember.
I mean, l I wasn't close enough to tell.
Was anybody at your firm close enough to say? No.
Have you ever heard Mr.
Marwat mention the Afghan region of Badula Qulp? I think I pronounced that correctly.
- No.
- He never mentioned Badula Badul It's so hard to say this word, Badula Qulp.
No, not to my knowledge.
Could you please make a note if he ever does in the future? Mr.
Higgs, I'm not an investigator for the Treasury Department.
I'm a lawyer representing Mr.
Marwat.
I know.
I know.
My apologies.
I put that inelegantly.
So let's, uh, get another meeting on the books and we'll talk then.
I'm not here to investigate for you.
I know.
We'll just meet and talk.
The good news is they complied with our subpoenas.
The bad news is they depo dumped us.
These are transcripts of hundreds of secret court proceedings, all redacted.
And yet we have to scour every page.
Sometimes the censors miss something.
And Danny is here to help.
You find any name in this transcript you don't understand, run it by Danny.
Any region, anything.
If he recognizes it, it means we're on the right track.
The right track to what? To finding a government official who ordered Danny's arrest and torture.
It's what we need to win.
Oh, Kalinda, what do you have? Well, at the moment, nothing.
I've been trying to locate Army personnel at Camp Whitcomb, but no one wants to talk.
- What about retired officers? - I'm looking into it.
Okay, go run with it.
Diane, can we talk? - My meeting with the monitor.
- Oh, sure.
In a minute.
Why are we doing this? The government's not gonna cough up $6 million.
So why are we doing this? Because it's the right thing to do.
No, you think it's the right thing to do.
I was in D.
C.
On 9/11 Oh, what does that have to do with anything? Our government took steps to prevent another 9/11.
- I saw the smoke from the Pentagon.
- Danny is innocent.
- Which is why he's free.
- After he was tortured.
Wait, do you think anybody's being tortured now? Under your friend, Obama? Do you think anybody's being tortured? - I don't know.
- No.
You're fighting an old war.
Rumsfeld and Cheney are gone, writing books.
Come on in, Bob.
I don't wanna interrupt, but you called me.
Yes.
Will, this is Bob Lachness, our insurance agent.
We need to re-up our insurance for next year, and, uh, Mr.
Lachness has a question or two.
You said you might wanna raise your workplace insurance amount.
Am I really needed for this? We usually decide this together.
Uh, workplace insurance is? It's suits from employees.
Sexual harassment.
Coworkers or bosses sleeping with underlings.
You know, that stuff.
You were saying about savings? Yeah, I can keep your cost low if you have everybody here take a sexual harassment class.
Hmm.
What do you think, Will? I think I trust your judgment, Diane.
As you trust mine.
You have my proxy.
Wow, this is just Wow.
Yep.
They're like reading a puzzle.
"Question: Is this wiretap really necessary, counselor?" - Answer: - It is, Your Honor.
Question: - Could you please extrapolate? Certainly.
If you'd please refer to page 18 of the **** before immigrating to the U.
S.
And did Dr.
**** accused? We intend no disrespect, Your Honor, **** of this clan and not **** through his mother.
Wow, it's impossible.
Wait, listen.
"Question: And in these sessions at Camp 'blank,' who was your medical authority?" Answer: As required by the court, we had on call Dr.
****.
And did Dr.
**** any comment regarding the accused? Look how long the blacked-out name is.
We might have found something in the transcripts.
What? The secret court transcripts refer to an Army medical doctor who was there to observe the enhanced interrogations.
His name is referenced in several places.
There, there and there.
Yes, redacted.
But look at the length of the redacted name.
The length of the redaction, if measured out, is approximately 12 letters long.
My guess, if we cross-reference it with Army medical doctors, we'll find only a few with a name of that length.
I'll get Kalinda on it.
Good job.
Diane, about my meeting with the monitor.
He asked if Danny had spoken to anyone overseas.
- What did you say? - I said I didn't know.
This is so bizarre.
Where is attorney-client privilege? He also asked if Danny had ever mentioned Badula Qulp, a region in Afghanistan.
- Why did he ask that? - I have no idea, but I have to report back tomorrow.
He's trying to make you his eyes and ears.
There's a Chinese wall between Justice and Treasury, but obviously, this makes me uncomfortable.
Obviously.
Okay, thank you, Alicia.
So, um, this Will Gardner investigation you're against it? I'm Yes.
I think it's too fraught.
He's my old boss.
Your wife is his new employee.
So you think we should dump it? I think if Will Gardner were anybody else, we wouldn't go forward.
And that's the rule we've used until now.
I know, which is why we have to go forward, unfortunately.
If it were just anyone else, we'd pursue it.
I disagree.
There's no drugs here and no Homeland Security.
There is drugs.
We'd use Will Gardner to go after his drug dealer client, Lemond Bishop.
So you wanna pursue it? I want you to pursue it.
Dana's out the door and you've worked at Lockhart Gardner before.
I need you to pick up the reins on this.
Then I will.
- Hello? - It's Mom.
I'm so sorry to bother you at work, but I just have a quick question.
You can pick the kids up, right, because I can't get out of here till 7.
No, yes, I'm there now.
It's just, um, Grace wants to go to a Bible study.
Mom already said that I could.
I just wanna be sure it's fine with you.
Where is it? That's the thing.
It's at a nightclub.
It's not at a nightclub.
They're just borrowing the space.
Alicia said it was fine, but I don't know.
To me, it sounds a bit cockeyed.
What kind of Bible study is at a nightclub? Uh, if Grace wants to go, it's fine with me.
My name is Dr.
Val Phouayvongsa.
Could you spell that, please? P- H-O-U-A-Y-V-O-N-G-S-A.
Thank you, doctor.
What was your job in 2007? I advised officers on advanced interrogation methods.
Such as? - Abdomen strikes.
I explained how an open-handed slap was preferable to a punch, which could cause internal damage and thus be considered, uh, torture.
And did you supervise the interrogation of Danny Marwat - on November 12th? - No.
Strike that.
Were you asked to examine an inmate after an interrogation on November 12th? I was, but I didn't see him.
He was hooded.
I understand.
But did you hear the officers - refer to him by name? - I did.
And what was that name? - Danny.
Thank you.
No further questions.
- Mr.
Zschau, anything? No, Your Honor.
But we do have a rebuttal witness.
- Do you need a subpoena? - No, he's here, Your Honor.
Danny Marwat.
Good morning, Mr.
Marwat.
- Good morning.
Who's that? That? Um, it looks like me.
- In Afghanistan? - Yes, before my arrest.
Actually, a week before your arrest.
I was thinner then.
We all were.
Can you, uh, zoom out on the photo, please? Who's that? - I don't know.
Really? You seem to be chatting with him.
L He looks familiar, but Would you be surprised to know that is Satar Yusuf-Khel? Your Honor, we ask for a recess.
- The leader you swore you never met.
- We need to consult - A man connected to al Qaeda.
- Your Honor, please.
Okay, you did know this tribal leader.
It's not what they're saying.
But you lied.
You knew him.
No, no, his daughter was dying from dysentery.
I brought him medicine, that's all.
I took it to his home in Badula Qulp.
Oh, okay, wait, stop right there.
Alicia, could you please step out? Why? - Alicia's meeting with the monitor.
He asked about Badula Qulp.
But wait.
- What? - She has to tell the monitor what Danny just said.
According to the terms of our 13224 license.
Yes, but if that's true, she'll also have to tell him we asked her to step outside.
This is crazy.
Okay, so you didn't ask Alicia to step outside? No, I did, but then I thought better of it.
Okay.
We're going to stop this meeting for a minute.
You poked the bear.
I asked not to poke the bear.
Stop with the bear talk.
They've been right since day one.
- Our client did it.
To save a girl's life.
- Oh, he's a real humanitarian, Diane.
- Stop.
Alicia can see that we're arguing, so just calm down.
We drop the suit.
I don't care if he was tortured, he lied to us.
I agree.
Sorry to interrupt.
Will, there's a call for you from Cary Agos.
- It's important.
- Maybe this is good news.
Maybe he wants to give me money.
What's up, Cary? Well, a lot of things.
Um Do you have some time to talk today? - About what? - We have an ongoing investigation and we need to have some questions answered.
Am I under indictment? No, not yet.
I just I think it's just the name, red velvet.
It just makes it so desirable.
Just so you know, Mr.
Higgs, there'll be no more need for monitoring.
We're dropping the case.
No, no, actually, there is need for monitoring, so please sit down.
- No, thank you.
- No, you don't understand.
Justice has brought criminal charges against Mr.
Marwat.
They're? What criminal charges? My guess is aiding and abetting a terrorist, but again, we have a Chinese wall, so I'm just guessing.
But please sit down.
Even if you're not going to be the attorneys, I need you to sit down.
Good.
Now, since we last talked, did Mr.
Marwat mention anything about the Badula Qulp region? L Alicia? Uh, do you want me to repeat the question? No.
- Do you mind answering it? - I do.
I'm sorry, Alicia, but you have to answer the question.
- I can't.
- Actually, you can.
The penalty for not answering is eight years in prison and a fine of $250,000.
So again, did Mr.
Marwat mention Badula Qulp? Is it my right to consult a lawyer? It is always your right.
But I wouldn't advise it.
I wanna consult with a lawyer.
And what did he say then? He said he advised against me getting a lawyer.
Of course he did.
You did the right thing.
Danny talked about meeting this tribal leader expecting attorney-client privilege.
But if you tell the monitor, he'll be arrested.
The penalty for not answering is a $250,000 fine and eight years in prison.
Did he say anything about the firm? The firm? Did the monitor ask - about what we said to you? - No.
They could still come after us.
The whole firm.
Okay.
We've talked to Nick Cotella about representing you.
And Nick is good and he knows this area inside and out.
And we'll cover the cost.
Okay.
- I'll think about it.
- Think about what? Representation.
Well, you need a lawyer, Alicia.
I know.
I just want to explore my options.
Nick is good, Alicia.
He's handled these things before.
Okay, thanks.
Hello.
Uh, Cary Agos and Dana Lodge for Will Gardner.
So Cary in his natural habitat.
I can see you here.
Aren't you supposed to be at your high-paying defense attorney job? - They delayed me a week.
- Yeah.
I don't think you have a new job.
You're just like one of those moms who lie about being pregnant.
That happens a lot in your experience? Hello? - Hello? It's okay, I don't need water.
It'll just take a minute.
Hello, Fantasia.
Bottled water, please.
Who is this? Elsbeth Tascioni.
Who's this? Get off my intercom.
- This is my intercom.
Miss Tascioni, I'm fine.
Sorry, it's just We had this wired yesterday to make life easier - and now it's Grr.
Anyway I do understand the impossible position If you reveal what you know about your client, he'll go to prison.
If you refuse to talk, you'll go.
So now you see why I need a lawyer.
Oh, yes.
I just don't see why it needs to be me.
Especially if your firm is offering a hitter like Nick Cotella.
I think I need a little distance from my firm.
Their issues aren't yours? They wanna protect their firm? And I saw how hard you fought for Peter.
If you hadn't gotten him acquitted, he wouldn't be sitting in the state's attorney's office.
Now you've got me blushing.
Who is this? Who is on my intercom? Is your firm being aggressive with this criminal case? We're trying.
We wanna have it quashed in pretrial motions.
Good.
That's our strategy.
We need to stall your Treasury guy until the criminal case goes away.
They can't hold you to 13224 if there's no case.
Good.
- How? - I don't know.
But it's a strategy.
And a strategy is better than none.
You just don't worry, okay? I like that color on you.
Deputy state's attorney? Wow.
Peter Florrick better watch his salt intake.
Thanks.
Um I think you know my colleague, Dana Lodge.
Hawkins murder case last year.
I like your office.
It's big.
Thank you.
So, what can I help you with? Well, this is a bit awkward.
I don't know how to start.
Forty-five thousand.
What was that? The attendance at the Bears game last night? Not unless the Bears were playing in Baltimore.
You took $45,000 from a client's account to make up for a bad bet.
Where are you getting your information? Someplace dependable.
We're not after you, Mr.
Gardner.
Even if we wanted to be after you, it's not our jurisdiction.
We're after your client, Lemond Bishop.
What's going on, Cary? Crystal meth is a nationwide problem that has hit Cook County particularly hard.
Lemond Bishop is ground zero for meth.
And we represent his legitimate business interests.
You mean, his money laundering interests? Let's get this on the record, shall we? - Do you need something? - Yes.
These two ASAs are from the state's attorney's office.
Excuse me, one ASA and a deputy.
And unless I'm mistaken, they're committing a criminal act using intimidation to coerce me into breaking attorney-client privilege.
You are mistaken.
Good.
Then please clarify.
There is no privilege if the attorney becomes aware of illegal activities that his client intends to commit in the future.
Oh, so this is just an attempt to remind me of my legal responsibilities.
Yes.
A reminder with teeth.
Even if something may not land in our jurisdiction, it's still disbarrable.
Thank you.
I think the meeting's over now.
How are you doing? You liking it here? It's exciting.
And it'll only get more so.
No, let's just let the moment resonate.
Miss Lockhart, you asked to sue the government.
I said yes.
Now you're dropping the suit.
And you, Mr.
Childs, are taking up a criminal case.
And here we all are, the same people, one week closer to the grave.
New information has arisen from Mr.
Marwat's testimony in the civil case, Your Honor.
That is why we've indicted Mr.
Marwat for perjury and for conspiracy to aid and abet a terrorist.
I imagine you'd like me to consider a motion to dismiss, Miss Lockhart.
- Of course, Your Honor.
- On what grounds? On the grounds that how else will I spend my afternoons if the three of you aren't here? I will consider motions at 10 tomorrow.
May I help you? Oh, um, my name is Elsbeth Tascioni and I represent Oh, my gosh, that is the prettiest cupcake I've ever seen.
I represent Alicia Florrick.
She's someone you met with and advised not to get an attorney.
Really? Well, I would dispute that.
Yes, I know you would.
It's not great for a Treasury Department official to advise that, is it? Is she bringing charges? No, she's much too nice for that.
That's why she has me.
Well, you see, I have office hours.
Up in my office.
Up there.
And, um, this is my lunch break.
Oh, okay.
I'll just, um I'll just sit here then.
Your client has a duty as an American to help us weed out terrorists.
And even if that weren't the case, she's under penalty of law to answer all of my questions.
Which my client is willing to do, in the presence of an attorney and with a grant of transactional immunity.
Your client wants immunity? No, she doesn't.
I do.
You're trying to delay.
Of course I am.
Call me when you get the grant.
Do you know where I can get my parking validated? - No.
- Okay, sorry.
You want me to What? Yeah, I was thinking about it all night and I know you must be busy.
I like that jacket, by the way.
But I need help with one of my clients.
Do you have any experience with insurance companies? Do I? No.
That's okay.
It's much more interesting than you might think.
If you could just read these.
No, not these.
Um - These.
- And I'm doing this, uh, because? Well, Mr.
Higgs, your monitor, is gonna ask you what I said here when I handed over these files.
And I just want you to be clear about what I'm saying.
Okay.
"I need your help on this insurance case because I'm swamped.
Look at all this paper.
Phew.
I need help.
" That's what you want me to tell him? No, that's what you will tell him because that's what you heard me say.
I'm Okay.
No, that's okay.
Bye.
Go ahead.
You're coming after me.
Mr.
Clean now.
You're coming after me.
If you're referring to our task force, it's not about coming after you.
And if my ASAs gave you that impression, I apologize.
You sent them to my office, trying to turn me with this old BS.
- Are you insane? - I think you should calm down.
And I think you should go to hell.
You're not above it, Peter.
I don't care what conversion you had in prison.
You're in the mud just like the rest of us.
I'm not the one who's Go ahead.
You're not the what? What? You're not the what? I have not gone there.
Anything I have ever said to you or done to you, I haven't gone there.
Gone where? Go ahead, say it.
No.
That's what this is about, huh? Alicia? That's why you tried to audit us.
That's why you're going for RICO.
Oh, man, you're pitiful.
Get a pair of balls and throw a punch.
I don't give a rat's ass what you think it's about.
You steal $45,000, you go to jail.
There's two of us here.
Only one of us has seen the inside of a cell.
Have a good day, counselor.
You come after me, Peter, that's not where this ends.
You know it.
I see you brought your lawyer, Mrs.
Florrick.
Yes.
Mr.
Higgs and I met yesterday.
- Hello again.
- Hello.
Uh, are you ready? - I think we are.
- Good.
So, Mrs.
Florrick, did your client ever mention Badula Qulp? Actually, I'm gonna ask my client not to answer that until she has a grant of transactional immunity.
This is a grant of limited immunity tied to your client's answers.
As long as Mrs.
Florrick is forthcoming and truthful, she cannot be charged for any of her actions.
- Okay, let me read it.
- I sent a copy to your office.
Yes, I just wanna make sure you haven't changed anything.
It will take about 30 minutes or so.
This is a delaying tactic.
If you keep interrupting, I keep having to go back to the top.
This arrest warrant, - it will be served in Afghanistan? - Yes, Your Honor.
And this is based on the testimony of Army intelligence officer, Lieutenant ****? Yes, your honor.
Lieutenant **** complied with all necessary ****.
His answers were ****, Your Honor.
How do you mean, ****? Unresponsive? No, brief.
I'm sorry to interrupt, Miss Lockhart.
- I'm Caitlin, down in - I know.
What is it? Well, I normally would go to Alicia with this first, but I can't find her.
Yes.
What is it? In the court transcripts, the reason for the arrest is an Army intelligence officer, - but the name is redacted.
- Yes, I know.
But how they redact these transcripts is through a program that searches for words.
They double-check by eye afterward - Okay, Caitlin, I'm heading to court.
- Oh, right, sorry.
Here.
"His answers were 'blank,' Your Honor.
" And here.
"The suspect was uncooperative.
His tone was 'blank' with one-word answers.
" They redacted the adjective.
My guess is their redaction program mistook it for a name.
- Curt? - Yes.
"His answers were curt, Your Honor.
His tone was curt, with one-word answers.
" Or at least that's my guess.
Did you check? Lieutenant Matthew Curt.
Army.
Nicely done, Caitlin.
Thank you, Miss Lockhart.
Okay, it looks hunky-dory.
Great.
Thanks.
So, Mrs.
Florrick, did Mr.
Marwat mention Badula Qulp since you last talked? Actually, I'm gonna ask Mrs.
Florrick not to answer that.
I know, and I'm sorry for frustrating you.
It's just that, um, it turns out since we last spoke, uh, there's a conflict of interest with regard to Mrs.
Florrick's representation.
What conflict of interest? Your voice gets very intense when you get quiet.
It rattles me.
Um - What was that? - My conflict of interest.
Right.
Mrs.
Florrick now represents North Guard Insurance, the company that provides liability coverage to employees of Martinel Security working in Afghanistan, including Danny Marwat.
You'll find it in their annual report.
It's that company that has the alligator in their commercials.
Have you seen those? They're so funny.
Mrs.
Florrick can't answer your questions about her client, Mr.
Marwat, without breaking attorney-client privilege with North Guard.
You see our problem here? When did you take North Guard as a client, Mrs.
Florrick? Yesterday.
And did Ms.
Tascioni bring you this client? Yes, she told me she needed help on the case.
- Do you know the penalty for lying? - I do.
What did Miss Tascioni tell you exactly when she brought you this account? She said: "I need help on this insurance case.
I'm swamped.
Look at all this paper.
" - I'm taking this to court.
Good.
I think the courts have shown a certain, let's say, affinity to corporations like North Guard and their rights.
The Supreme Court has even insisted on their personhood.
My guess is they won't look kindly on your attempt to infringe on their attorney-client privilege.
I wanna learn from you.
There is nothing you can learn from me.
I mean, I'm just, um Let's go.
Lieutenant Matthew Curt, Army intelligence officer.
Are you the officer who authorized the use of enhanced interrogation techniques on my client? Objection.
Relevance.
Mr.
Marwat's civil suit has been dropped.
The circumstances of his detention have nothing to do with these charges.
The prosecution obviously has evidence against my client.
We're trying to determine how they came up with this evidence.
I'm thinking, thinking.
Overruled.
You may answer.
I'm prohibited from answering that under the Classified Information Procedures Act.
Your Honor, the prosecution is basing its new conspiracy charge against my client upon the interrogation from the first arrest.
But without Lieutenant Curt offering any reason for this interrogation, the arrest and its ensuing interrogation should be considered inadmissible.
Mr.
Zschau, I have overruled your objection.
Lieutenant Curt may answer.
Again, I'm prohibited from answering that under the Classified Information Procedures Act.
I'm sorry, Mr.
Zschau, but the defense's motion to dismiss is granted.
Thank you, Your Honor.
Thank you.
Are you getting divorced, Dad? I don't know.
Why? I just don't know if you should.
I don't think it's just up to me.
Do you think Mom wants to get a divorce? I don't know what your mom wants.
Well, I think she just wants to be happy.
Yeah, I know.
So do I.
You're not? Well, I wanna do the right thing.
But sometimes it's hard to know what the right thing is.
Well, you should just ask me.
Ask you.
Um, I'm gonna be right back.
You okay? - And then we'll go home.
- Okay.
- I love you.
- And I love you.
They just toyed with me.
- You don't know that.
- No, I do know that.
They used me like a stalking horse to get the lawyer they wanted, okay? You know, I told my mom I was going to a new firm.
Oh, God.
You want me to call her and tell her you screwed up? Don't try to cheer me up.
Look, I was working at a law firm and they fired me.
And you know what I did? Hmm? I decided to make them regret that day.
You work twice as hard and you beat them.
You beat every defense attorney Am I interrupting something? No, no, we're good.
We're just talking.
Okay.
I'm absenting myself from the Lockhart Gardner case.
- You want us to drop it? No, it's a good case.
I want you to report to a special prosecutor.
I'll assign one.
I have too many conflicts of interest.
Okay, we'll get on it.
We? I thought you were going.
No, I was misled by a law firm, so I'm staying.
And I'm pissed.
Good.
Pissed is good.
It'll make you a better lawyer.
Then I'm gonna make a pretty great lawyer.
I blew it, Doug.
No, Jan, you did the best you could.
Don't worry.
Here.
Sexuality.
It's a significant part of our culture, depicted in movies, magazines and TV.
But in the workplace, sexuality can easily become sexual harassment.
It's not fair.
Megan only got that promotion because she's sleeping with the boss.
When an authority figure becomes involved with a subordinate, is that sexual harassment? Workplace dynamics - How are you doing? - can give rise - to uncomfortable sexual situations.
- Well, I'm not going to jail.
That's good.
suddenly become upsetting.
Even hostile.
What about you? You haven't been around much.
- I've had a weird few days Smiling in a suggestive - With what? - Nothing.
It's stupid.
Something I thought was over.
Even if the gesture isn't intended to be sexual in nature, it could be misinterpreted as such.
Nothing.
But unwelcome sexual conduct can also be verbal.
Good morning, gorgeous.
Even an intended compliment can create an uncomfortable work environment.