The Good Wife s06e18 Episode Script
Loser Edit
Happy.
That's the word.
Happy that you won the election? Yes.
And very grateful to all those who shared my vision.
It's really a shared victory.
A victory that becomes less improbable when you see Alicia Florrick in action.
What do I love the most about coming to my law firm? Well, that's easy.
The camaraderie.
If Alicia Florrick's a legal powerhouse, it's because she commands the respect of her colleagues.
But it wasn't always so.
Saint Alicia came by way of an arduous journey.
- Can we do better than that? - Yeah, tell me when.
Mm-mm.
There.
No, back one.
Move in on it slowly.
Saint Alicia came by way of an arduous journey.
One that took her from stay-at-home mom to scandal to lowly associate.
The scandal photo, can we keep her in color and make everything else black-and-white? Yeah, great.
Now back to the interview.
- mom to lowly associate, to founding partner of one of Chicago's largest firms.
How will my administration differ from that of my husband's? - Well, it's not I can't - No, cut the stumble.
- Chicago's largest firms.
- The better question? How will my administration be different from my predecessor? We will be accountable to victims, worthy of the public's trust.
I'm sorry, Petra.
I need to get Mrs.
Florrick on the phone - with the governor just for a moment.
- Sure, Eli.
Anything for you.
Going great, though.
- Love what you're doing.
- Thanks.
There's no one on the phone.
Just turn around and pretend you're having a conversation.
It's about the hack.
Are you sure the e-mails are safe? We're hearing that they might still come out.
- Hearing from whom? - I heard Diane and Cary talking.
- You want some crackers? - No.
The hackers want an apology from the firm.
Well, we already resolved it.
I mean, we can't publicly condone piracy.
You don't have to.
"We regret any implication that the blah-blah-blah shareware is not legitimate.
" You know.
I have to consult my partners.
The deadline's at the end of the week, or the e-mails go wide, so consult fast.
Thank you.
- Set? - Yes, yes.
Sorry about that.
- No, no, no.
- All set.
I was thinking of using this for the sit-down.
It looks way better than the first time she sat down.
I didn't I didn't shake her hand that time.
And we will be transparent.
Accountable to victims, worthy of the public's trust.
- Where'd you get these? - An anonymous source.
- They're hacked? - Yes, Alicia Florrick's hacked e-mails from the past five years.
You have to read them.
- Thought this was a puff piece.
- It was.
People don't like when you tear down heroes.
Are you kidding? It's what they live for.
I need independent corroboration.
Talk to her firm, confirm they've been hacked.
Yes, we did have an attack on our e-mail services, but we have since Petra Moritz.
But we have since repelled that attack.
No, it's had absolutely no impact Okay, Daddy just needs a minute, so I need you guys to sit quietly.
Come on.
Charlie, come on.
Ms.
Sharma, hello.
Good to see you again.
You, too, Mr.
Wiley.
What are you up to today? Oh, just, you know, the usual, making trouble.
- See you later.
- Bye.
Yes, well, he's in with a client right now.
Sure, I'd be happy to send you to voice mail if that's okay.
It's no problem at all.
That'll be 10:00 tomorrow? Hey, everything all right? Yes, I just have to meet this Mr.
Dipple at his think tank.
No, I mean in there.
Oh, yes.
Andrew Wiley.
You know, the investigator? - Yeah.
What's he asking? - He's working with Internal Affairs.
Looking into Detective Prima and how he set up Cary.
Brady Violation.
Yeah, and how he entrapped Cary too.
Well, they're finding that harder to prove.
- Why is he talking to us? - They want to find out how we discovered that e-mail from Canada.
The one that Prima deleted.
They wanna prosecute him for this.
See you.
- Hi.
- Hey.
- Can I help you? - Yeah, uh, I need some legal advice.
Okay.
Hypothetically, a cop is going to prison for something that he didn't do.
Someone else did it.
But there's a lawyer who made misrepresentations based on, um - I - Just don't use names and I'm fine.
Look, someone is guilty of faking evidence, but a lawyer who did not fake that evidence and, in fact, thought it to be true, presented it in court.
- Now, is that lawyer in trouble? - What, for using the faked evidence? Yeah, even though she didn't know that it was fake? Mm-hm.
Yes.
Ignorance is irrelevant.
The lawyer could be disbarred or even go to prison.
Okay, and, uh What if that person who faked the evidence swore to the lawyer's innocence? Doesn't matter.
It's strict liability.
Okay.
- Anything else? - No, that's enough.
Thank you.
Sure.
Diane, you brave soul, welcome to the Plenary Institute.
How am I brave? Liberal lawyer in this lion's den of conservatism? A lion's den is perfectly safe when you have God on your side.
There she is, quoting the Bible.
Diane, may I introduce Max Gauls, Cole-Harberts-Greyson? - Justin Partridge of Simkins-Wilde.
- It's so good to meet you.
- Diane, have a seat right over here.
- Okay.
So, what am I doing? Aside from picking up your retainer check? - I need a liberal viewpoint.
- On? Gay marriage.
- You're the devil's advocate.
- In what way? We're trying to decide whether to fund a case on gay marriage and religious accommodation.
- And what is the case? - In May of 2014, Jane Armisen, a baker in California, was asked to bake a cake for a gay wedding.
She refused, citing religious objections to supporting gay marriage, - and was sued for discrimination.
- She lost.
And you're wondering whether to take up this baker's appeal? - Yup.
- No.
- Obviously.
Ha, ha.
- Well, that's not surprising.
Well, it's not because I'm a liberal.
It's because you won't win.
This was a plain wedding cake? There was nothing about the cake itself that was offensive to the baker? That's correct.
It's the fact it would have been used in a ceremony she believes dishonored her religious creed.
But this baker advertises to the public that she makes these wedding cakes, and she will sell these wedding cakes to anyone, just not gay people.
- I'm sorry, but that's not a strong case.
- Well, the Constitution guarantees her the free exercise of religion.
And California's Civil Rights Act forbids discrimination against LGBT people.
We have two competing freedoms.
Businesses are allowed to refuse service to anyone.
With certain exceptions to that right.
It cannot be based on race, color, religion, or sexual orientation.
- In some states, sexual orientation.
- In many states.
Well, but there are exceptions to the exceptions.
What did Thomas Jefferson say? "Among the most inestimable of our blessings is that of liberty to worship our creator in a way we think would be agreeable to him.
" It's no different from conscientious objectors to war.
I'm sorry to be blunt.
I know you come to your opinions honestly.
Well, it's not just my opinion.
The Religious Freedom Restoration Act allows exemptions in anti-discrimination laws.
Not in California.
California does not have one.
Let's say we're not in California.
Let's say we're in Colorado.
Well, we're not in Colorado, but RFRA would not be your friend there, either.
- So let's say it's in New Mexico.
- It doesn't matter.
The baker's refusing to sell a wedding cake to a gay couple for who they are.
That is the heart of discrimination.
What if our baker won't sell a wedding cake to a gay couple, but he will sell them bear claws? - Cupcakes? - That's right.
She isn't, in fact, refusing to serve homosexuals.
She just won't do the one thing her religion says is a sin.
Okay, that's a good point.
Great.
Let's take a little break.
So, where is Diane Lockhart? - I'm sorry? - "That's a good point"? - It was a good point.
- No, it wasn't.
You know it wasn't.
- Well, you wanted me to help.
- No, I want you to fight.
I want you to convince me this is a loser case.
If you're worried about offending me, don't.
I have a gay nephew, okay? Love my gay nephew, want him to be happy.
I just don't happen to believe in gay marriage.
You do.
- Convince me I'm wrong.
- Go for the jugular? - Mm.
Right there, ma'am.
Right there.
- Ha-ha-ha.
That's insane.
Selling someone something they don't want is the same thing as refusing them service altogether.
No, it isn't.
A vegetarian couple walks into a market and you refuse to sell them vegetables.
In fact, you'll sell them anything but vegetables.
You are effectively denying them service.
A gay couple wants to buy a wedding cake and you refuse to sell them a wedding cake.
The camaraderie, the relationships I've built here, it's what makes coming to work a joy.
Relationships that have been built with some difficulty, apparently.
Now cut to the e-mail.
Float it in, Star Wars style.
"It's all about money to them.
The partners don't give a damn about us.
" Float in the second e-mail.
"The partners don't give a damn about us.
" Two of her coworkers write, "Alicia is a perfect example of someone sleeping her way to the top.
" Now change the music.
"It's all about money to them.
The partners don't give a damn about us.
" Two of her coworkers write, "Alicia is a perfect example of someone sleeping her way to the top.
" Mrs.
Florrick, I want to thank you for agreeing - to sit down for a second interview.
- Absolutely.
We just need clarification on a few things.
Mrs.
Florrick, you returned to the practice of law after 12 years - Thirteen.
- Thirteen years.
Sorry.
And you walk into this law firm, full of old bulls and young tigers.
- Were you nervous? - Very.
And the only person you knew at all was Will Gardner.
Yes.
The two of you wound up becoming quite close, didn't you? Will was a terrific lawyer.
He was smart, creative.
Zealous in the best sense of the word.
Maybe more importantly, a trusted friend? - Yes.
- And after May 2010, perhaps even more so? Apologies.
I just need to borrow Alicia for a moment.
I forgot to get an answer on something time-sensitive.
- She has the e-mails.
- Or the photos.
No, she said May 2010.
That's the e-mails.
What e-mails? What are we talking about? How bad? Give her your phone.
I'm calling this off.
You're saying that a Hindu or a Muslim can enter a bake shop - No, that isn't comparable.
- Yes, it is.
They're both protected classes.
A Hindu can enter a bake shop and be denied a wedding cake.
No, no, because that is denial of a class of people.
Exactly.
Like gays.
No, that is the denial of an activity.
Of the marriage.
Which is just a pretext for discrimination.
What if it weren't a blank wedding cake? - That's not what happened.
- I know that.
I'm trying to determine where religious freedom ends and antidiscrimination laws begin.
What if Jane were asked to attach a figurine of two men holding hands? Could she deny that service? If she's offering the service of supplying figurines, then, no, she cannot deny that service.
What if she's asked to write on the cake, "Congratulations, Roger and Carl"? Can she deny that because it's speech - she doesn't approve of? - Now we come around to the free speech argument.
Well, you knew we were gonna end up there.
Okay, well, here's the thing, it's not her speech.
It's the speech of the person purchasing the service.
I mean, imagine if she is a printer and a gay person comes in needing flyers.
She cannot reject his business, even though the flyer may be advertising an LGBT meeting, because to reject him is to discriminate based on sexual preference.
Just as one can't discriminate - based on religion? - Exactly.
So if a Christian walks into the cake shop and orders a cake that says "God sends gays to hell," does the baker have to write that on the wedding cake - even if she doesn't approve of it? - No.
- Because you find it offensive? - No.
Because the baker is not objecting to a religion but a point of view.
- A hateful one at that.
- But the purchaser finds it essential to his or her faith.
Isn't the Christian a protected class, with the same protection as gays? I'm sorry, there's been a slight hiccup in the investigation.
- What hiccup? - Detective Prima deleted the e-mail from the Canadian authorities at 3:11 p.
m.
On August 28.
That's the great thing about technology.
You're never wondering when this or that happened.
It's all there in black-and-white.
- Good.
So, what's the problem? - Timmy, Dora, less noise.
Okay, here.
Detective Prima was on the stand testifying in a burglary case from 2:38 p.
m.
To 5:30 p.
m.
On August 28.
So, I mean, unless there's a mistake in the public record or in the e-mail metadata, there is no possible way Hey, Dora, let go of Timmy's hair.
There is no possible way that Prima could have deleted the e-mail.
Okay, so, what's your theory? Well, unfortunately, my theory involves ASA Geneva Pine, who was having an affair with Prima at the time.
- You're kidding.
- No.
I mean, she didn't tell anybody.
You know.
I mean, for Sorry, can you? For obvious reasons.
Kids, Cheerios.
Think she deleted the e-mail for Prima? Well, she was the only one in the department with access to his account.
I was wondering if you guys had any other thoughts.
Uh, ahem.
- Why would we have thoughts? - I have no idea.
Do you? No.
Don't make me count to five.
Will was a terrific lawyer.
He was smart, creative.
Zealous in the best sense of the word.
June 2010.
"Will, sometimes I worry this is wrong, you being my boss.
" "I know but I can't get you out of my head.
The touch of you, the taste.
" That's a long time to be on one image.
Right.
Cut to the scandal.
Make her black-and-white, everything else in color.
"You were away at depos this week.
All I could think about was your hands on me.
Sometimes this feels too dangerous.
" Editing.
You better get out there.
She is planning to use illegally obtained e-mails.
Not just use, broadcast.
Which is so far beyond the pale, I can't believe I didn't hack her e-mails, I just received copies of them.
A distinction without a difference.
- No, the Supreme Court spoke to this.
- Bartnicki v.
Vopper.
As we didn't steal the material, we have a First Amendment right - to publish it.
- If it's a matter of public concern.
Mrs.
Florrick is a public official now.
But that does not strip her of her right to privacy.
Exactly.
You use these private e-mails, sir, you and Petra, - you are, you know, blah-blah - Co-conspirators.
You're wrong on the law.
You can go after the hackers here, but not us.
There is a tort for the disclosure of private facts.
- Well, then sue us after it airs.
- Oh, come on, Charles.
You made a speech to the International Press Commission about the ethics of journalism.
And now you're looking for cover to air this kind of, you know Scurrilous, sexually charged innuendo, which, until today, was the stuff of tabloids and blogs, which, it should be noted, is where you came from.
Your righteous indignation is sweet, Eli, but you started this.
- You created the myth of Saint Alicia.
- That is absolutely not true.
You love to build people up and then tear them down.
The truth, which comes out in these e-mails, it puts the lie to all that, and the public has a right to know.
You've really lost all perspective in this.
- It's gross.
You're gross.
- Thank you.
- I'm gonna hold this piece until - Charles.
Until I can consider all sides, ethically and otherwise.
What are you gonna do? Who would be interested in this? TMZ or Gawker? I don't know.
Both.
What about a, uh? Say, a wedding planner? It's First Amendment, it's personal services, it's religious freedom, all rolled into one.
Isn't it? Yes, you would arguably have a better case with a wedding planner because of the burden on her.
Her time commitment, her level of creativity, the list of her personal contacts.
Yes, that would be a harder case for me to win.
Great.
- Heh.
Well, that was exhausting.
- But effective.
I have decided not to fund the baker's appeal.
Good.
I think that's smart.
Not just ideologically but practically.
I think you'd lose.
You know what metadata is? - I do.
- Did you know it's possible - to fake metadata? - I didn't.
Yeah, it's very difficult.
You have to first hack into the computer, - then change the codes - I'm really not sure what it is that you need from me, Mr.
Wiley.
You used to work in the SA's office.
I'm just wondering if you have any information that might be helpful to me, or if you know of anyone here who might have faked the metadata.
No, sorry.
Eli couldn't make it.
Some blah-blah with the governor.
Good, I don't have the energy to talk to Eli.
- What am I doing here? - I wanted to give you a heads-up.
- You're kidding me.
- I got no choice.
Gawker's starting to sniff around.
It's just a matter of time - before they dump everything online.
- Don't do this.
I can't afford to get scooped.
But you can afford to be a tool.
That's good to know, the next time I need, you know, a tool.
Hi.
Alicia.
Bit of a problem.
From NPR News in Washington, I'm Lakshmi Singh.
Another salvo in the ongoing cultural dispute over same-sex marriage in America, this time involving a gay couple in Idaho who were turned down by a wedding planner.
Same-sex marriage is legal in Idaho, and the couple sued and won.
But now prominent conservative activist Reese Dipple has agreed to fund the wedding planner's appeal.
- Do you have a dollar? - Yeah.
- Why? - Because I need it.
Here you go.
Okay.
So I'm your lawyer now, Kalinda, and this dollar represents attorney-client privilege.
Sure.
You faked metadata and Diane presented it in court - to get Cary released, yes? - Yeah.
- But Diane didn't know it was faked.
- Yeah.
- Anything else? - Look, after I faked the data, I had second thoughts about using it.
But Diane took it from my computer without my knowledge.
I didn't realize until I got to court and saw her present it to the judge.
Okay.
Okay, you don't talk to anyone about this.
Not Diane.
Not Cary.
And not Wiley.
You just talk to me, okay? Do you have any ideas? No.
You used me.
- What? - That wasn't a think tank exercise.
You were trying to find a wedge issue against gay marriage.
Of course I was.
And I found it.
- And you helped me.
- Great.
So I was your liberal guinea pig.
Why is that a bad thing? If you think that gay marriage can withstand all legal assaults, you should rejoice in any chance to defend it.
So you're funding this wedding planner's appeal now? Yeah, I am.
It's a stronger case.
And you can help me.
- I won't defend her.
- You don't have to.
I wouldn't ask you to be someone you're not.
- I want you to represent the plaintiff.
- Excuse me? We're having a mock trial here this afternoon with the real wedding planner.
I want you to sue her.
Destroy her.
See what damage you can do.
- So you can improve your case? - Yeah.
But also so you can destroy it.
- Who's my client? - Couldn't find the real plaintiff.
You'll have to work with a stand-in.
- Who's the judge? - Geoffrey Solomon.
- So nice to meet you.
- Such an honor, sir.
- Diane Lockhart.
- I know.
I think I read your Harvard book three times.
Really? That's more than all my ex-wives put together.
Heh.
R.
D.
You got to admit, I'm stacking the deck against myself here.
Liberal judge, tough plaintiff's attorney.
- You lose, all your fault.
- Thanks.
Okay, strategy session.
- Two-pronged attack.
- I love the two prongs.
Even as a kid, - we had two-pronged attacks - Marissa! Shh.
We have to delay Petra, even it's only by 24 hours.
How do we do that? - Hello, Eli.
What do you need? - I just got off the phone with the governor.
He can help fill out your story.
Really? In what way? By offering you an on-screen interview.
- This is such BS.
- What? - You're just trying to delay me.
- If you don't want the interview, fine.
- When can he do it? - There's a chance later tonight.
- What kind of chance? - Mm, sixty-forty.
- No restrictions on questions? - None.
- Okay, get back to me with the time.
- Sure will.
- So you don't get back to her? - Oh, you do, 11:30 tonight.
Now prong two.
We pre-spin the e-mails.
What does that mean? - Go to a friendly reporter.
- And reporters who hate Petra.
Give them a chance to scoop her.
If you don't want a story told, - tell it yourself.
- How do we tell it ourselves? What's the worst revelation and the worst e-mail? "Alicia, I can't get you out of my head.
- The touch of you, the taste" - Okay, thanks.
It's just flirtation.
There was no affair.
- These are flirtatious e-mails.
- Eli.
- What? - I think you and I should talk alone.
I know this is embarrassing for you, but we don't need to explain your life.
All we need to explain are these e-mails, and these e-mails merely suggest an obsession, a flirtation.
That's gonna be embarrassing enough.
Are there any e-mails that suggest an actual affair? "Will, you were away at depos this week.
All I could think about was your hands on me.
Sometimes this feels too dangerous.
" Okay, still pretty embarrassing.
But merely suggestive of an act.
You didn't act on it.
This is just sexting.
And it was while your husband was screwing around.
Yeah, I don't think we need to go too deep into that.
Why not? She's right.
Alicia was merely tempted because her husband moved out on her and blah-blah.
I don't think we need to tear down Peter to build up Alicia.
It was an affair.
I can't just say this stuff about Will because it wasn't true.
But no one would appreciate it more if you did than Will.
He always knew what had to be said.
I can't.
I'm sorry.
Now what? Get Peter to talk to her.
I'm not prejudiced against gay people.
I'm not prejudiced against anyone.
But I believe the Bible is the word of God.
Period.
And it's not mine to ignore or change as I wish.
Well, honestly, it would be easier to do that.
I don't wanna be in the position of turning down business.
I'm a wedding planner.
I need your business, sir.
I'm supposed to treat him like the actual guy who's suing me, right? That's right, Ms.
Dahl.
Treat this just like court.
Treat me just like a judge.
Look, I certainly don't wanna be sued for sticking to my beliefs, - but they are what they are.
- Thank you, Ms.
Dahl.
- Your witness.
- So, Ms.
Dahl, you've been a wedding planner for 12 years, is that correct? - Yes.
- And in all that time, you have never been approached about doing a gay wedding before? Never.
Of course, there's a homosexual community in Pocatello, and my very favorite florist is gay.
But you are aware that gay marriage has been legal in Idaho - since October of 2014.
- I'm aware it's legal, yes.
Abortion is legal too.
It doesn't mean I have to agree with it.
But you have to follow the law.
I'm not stopping anyone from getting married.
I just don't wanna be the one to plan their wedding.
That's all.
I'm helping two people seal their commitment to one another before the world and before God.
I can't do that if I don't believe in it.
Ms.
Dahl, how many times did Jesus condemn homosexuality? Objection.
Relevance.
She's claiming religion is the basis of her refusal, counselor.
I fail to see how the specifics of that religion could not be relevant.
Um, Jesus never condemned homosexuality.
And how many times did Jesus condemn divorce? Three times.
Four times.
If you count Matthew and Mark's account of the same incident.
Thank you.
So you've never planned a wedding for a couple that had previously been married? Um I haven't asked.
I guess I have.
Well, in fact, you have planned two weddings in the last year alone where one or both of the couple had previously been married.
That sounds right.
So your religious objection - is selective at best? - Objection.
Argumentative.
- Sustained.
- No more questions.
Let's talk.
- You have no choice.
- I'm not gonna lie, - especially not to a reporter.
- You have to control the narrative.
To keep me from looking like the slutty wife? Yeah.
- It'll kill you.
- And you.
- You'll be the cuckold.
- If you don't control the narrative.
It's kind of odd that we're discussing this so calmly.
I'm hoping it's maturity.
- Really? Is that what it looks like? - Talking calmly.
Not yelling.
Making sense.
Yeah.
Have we come through the other side? - What other side? - Of anger.
Jealousy.
Disgust.
- Did I disgust you? - For a while.
It's kind of nice sitting here, drinking together.
It's like watching two other people drink.
And what do those two other people do? They used to be married.
They like each other.
They forgot that they're supposed to hate each other.
Mm.
Oh, it's not gonna happen.
- What? - Sex.
- I didn't say a word.
- You don't have to.
I can see the look on your face.
I've known you a long time.
- A long, long time.
- Oh, my God.
You're like an 18-year-old.
Everything's about where you can stick it.
No.
Listen.
I know you think I've been a dog, Alicia, and I know you think I've been a bad husband, but I've never been as bad as you've wanted me to be.
- That's probably true.
- And I loved you.
I still love you.
I don't know, Peter.
"Love" is a word that is so exhausted.
I wish it meant something to me.
Can I just leave it tonight that I like sitting, drinking with you here? Sure.
Mr.
Andersen, may I call you Nils? You're my client's husband, is that correct? For the purposes of these proceedings, yes, I am.
We understand you're playing a part here, Mr My real name's Todd.
Fine.
Just answer Ms.
Lockhart's questions as though you were actually Nils Andersen.
Go ahead.
- You're Mr.
Taylor's husband? - I am.
We were married in January.
I'd like you to talk about the day you were turned away by Ms.
Dahl - for being gay.
- Objection.
Misstates facts.
Ms.
Dahl didn't turn them away for being gay.
She simply did not wanna participate in their wedding.
Sustained, but barely.
Mr.
Andersen, please, tell us how it felt to be turned away.
It felt like crap, frankly.
Was this the first time you'd been turned away from a business because of someone's religious objections? No, happens a lot.
And so then why sue Ms.
Dahl and not anyone else? I guess it was the straw that broke the camel's back.
Sometimes that's the way it feels, you know? You feel like a second-class citizen, and especially in a town like Pocatello, - because it's so small.
- In a town that small, was it easy to find another wedding planner? No, there are only three.
Maybe five or six, if you count nearby towns.
They were all booked.
And if Ms.
Dahl had simply told you she was booked? I would have understood.
I guess that would have been a lie, but it would have hurt less.
It would have been better than the truth.
Do you feel that you have suffered economic harm due to Ms.
Dahl's turning you away? Yes.
We had to go all the way to Boise to find a wedding planner.
That's 200 miles.
We had to make that drive four times Your Honor? Could I request a brief recess before we cross? Well, of course.
- How dare you? - I'm sorry? You cast my nephew as the lover? Yes, I did.
You said go for the jugular.
Hey, Uncle Reese.
Hi, buddy.
Will you follow me, please? Hey.
How did you know how to change the metadata? I had a friend show me.
- But you did it alone? - Yeah, but he knew I was doing it.
And nobody else knew anything about it? Just him.
Do I need to contain this? That's an understatement.
Whoa.
Where are you off to? Have you seen Howell? I thought he was here.
- Who? - Howell.
- The guy who works on the computer.
- Oh, yeah.
Wiley pulled him out for something.
They're in the conference room together.
Did you not believe me when I told you I loved my nephew? No, I did.
That's why I approached him.
I'm not paying you to stage a family therapy session.
- I'm not paying you to use my relative.
- I didn't.
He wanted to participate.
I pay you to act professionally You told me to go for the jugular.
You told me to get personal.
This is more than personal, this is an insult, Diane.
I'm sorry, sir, but if you wanna decide on gay marriage, you have to see who you're impacting, and it can't be an actor.
So finish what you started.
Me, my, mo, may.
May.
May.
There we go.
Very friendly reporter, dumb as an ox.
Just keep your answers to single syllables and you should be fine.
- Mrs.
Florrick, hello.
- Mr.
Willoughby, I was thrilled when Josh told me you said yes.
I was too.
I voted for you, ma'am.
- Unless I shouldn't say that.
- Oh, well, I won't tell anyone.
Good.
I like secrets and things of that elk.
- Ilk? - No, elk.
Things of that elk.
Well, uh, ahem.
Shall we get started? Were Alicia and Mr.
Gardner close? Absolutely.
Interesting that you're calling her Alicia and him Mr.
Gardner.
Are you trying to manufacture some distance between them, Eli? No, Kim, I'm trying to give you a sense of the reality.
Ah! So you did have a relationship with Mr.
Gardner? Well, it depends on how you define "relationship.
" As in "relating to other people.
" This is about Petra Moritz? Seriously? No, it's not about Petra per se.
It's about a journalistic culture that increasingly kicks sand - over ethical boundaries - Petra has these e-mails? Yes.
Of course, Petra wants to go with this story tomorrow, so if you wanted to scoop her, you'd have to get something out tonight.
So if there was nothing going on between you and your boss, how do you explain these e-mails? I'm embarrassed to admit it, but it was a flirtation.
An innocent one, but a wrong one.
I was having difficulties with my husband at that point, and I was carried away.
I wish that I hadn't, but I'm deeply embarrassed.
But were you having difficulties with your husband at that point? Yes, that's right, I was having difficulties.
And were you embarrassed? And I was embarrassed.
Um I hate to admit it.
Let's talk about your relationship with Mr.
Gardner.
- Hey.
- What's going on? - What did Wiley ask you? - He asked about the metadata.
- But I lied for you.
- Howell, I told you to tell the truth.
Don't worry, he believed me.
I told him we stumbled on the metadata while I was fixing tickets for you in the Chicago P.
D.
Traffic system.
- What? - Speeding tickets.
It's something I actually do.
I told him I fixed two tickets for you.
You had four, but I fixed two to keep up appearances.
Howell, I don't have four speeding tickets.
I don't even have two.
I will make it look like you do.
Don't worry so much.
Okay, look, just tell me everything that you said, okay? All right.
Mr.
Andersen, aren't you and your husband just picking a fight? - Objection, badgering, inflammatory.
- Try it again, Mr.
Partridge.
Did you have an ulterior motive in bringing suit against Ms.
Dahl? Did I have an ulterior motive? I guess what I'm asking is, were you really so offended by what she did - or did you see this as a test case? - Objection.
- It's a fair question, counselor.
- A test? A case that would allow you to change the law in your favor.
Isn't that, in fact, - why you brought this case? - No.
I'm in love.
That's the only reason I'm doing any of this, by the way.
I'm in love.
- Nothing further.
- I have something further.
Why doesn't anyone ever ask me what I believe? They take it for granted I'm not a Christian, but I am.
I believe in God too.
Am I proud of my wife? More than you can imagine, Petra.
Winning an election in Chicago is difficult.
But winning an election in Chicago with your integrity still intact Well, that's practically a miracle.
- And Alicia Florrick has kept hers? - Always.
Governor, was your wife sleeping with her boss, Will Gardner? Oh, well, I can't answer that question.
- Because you don't want to? - No, no.
Because I can't confirm what you're asking.
Just like, listen, I can't confirm that she was ever at a Neil Young concert.
I can only confirm what my wife has told me, which is she did not have an affair with Mr.
Gardner.
Governor, we have copies of e-mails between your wife and Mr.
Gardner.
Which I'm sure you'd love to take as evidence of a scandalous office romance.
But as my wife told the reporter Ted Willoughby, they are simply an artifact of a flirtation, not of an affair.
- I'm sorry, what? - As she told the reporter Ted Willoughby of Channel 8 just a few hours ago, those e-mails were part of an unfortunate flirtation, that's it.
Well, surely the language in these e-mails is not everyday talk between a superior and subordinate.
Well, that's a picture you seem intent on painting.
I guess what my chief of staff Eli Gold said to Kim Masters in their interview is true.
You're out to get her.
No, I am just trying to reveal the truth, governor, and Look, Petra, you've been trying to nail Alicia for the last three years.
- Governor, that - You have a grudge against her.
You do.
If you look at any of your interviews - Okay, thank you, thank you.
- I think we have what we need here.
- Okay.
We're good? - Yes, thank you for coming down.
Oh, no, thank you.
I think that went well.
Hey, thank you.
Good to see you.
Okay, thank you.
- Speeding tickets? How many? - Uh, four.
There were four, but he only fixed two for me.
I paid for the other two.
- Just to keep it kosher? - Yeah.
Where'd you get them? Two in the Loop and one on the way back from Springfield.
- The other on the South Side.
- That's exactly what Howell said.
Almost word for word.
I gotta go.
There's a puppet show at the library.
One last thing, Kalinda.
You're caught.
You faked the metadata.
The longer it takes for you to admit it, the worse it'll be for you and Diane.
So, I mean, I hate to say this because I like you, but if I were you, I'd come clean.
Come on.
Well, you've given this old con law professor a lot to think about.
On the one hand, people have the right to their religious views, and they cannot and should not be barred from the marketplace because of them.
On the other hand, every citizen has the right not to be discriminated against on the basis of their race, their color, their nationality and, yes, their sexual orientation.
Well, given all that, my task is difficult but clear.
I must weigh whether or not a religious accommodation would frustrate the core purpose of antidiscrimination law.
And in this case, I find that it would.
Accordingly, I must rule in favor of the plaintiffs, Mr.
Taylor and Mr.
Andersen.
Very well done.
Diane, can I ask you something? What do you think would happen if every case were adjudicated by someone with a family member or loved one who'd be affected by the decision? Ultimately, perhaps every case is.
But isn't the law supposed to be impersonal? In the sense that it should be the same for everyone? You know, otherwise we're in China, right? Everything's determined by who you know.
The law is supposed to be fair, not impersonal.
In fact, I would argue that the law is always personal.
It has to see the human side too, or else it's meaningless.
Mm.
You're gonna fund this defense anyway, aren't you? The wedding planner? - Yes.
- Why? Three years ago, Barack Obama was against gay marriage.
So was Bill Clinton.
So was Hillary.
You know, basically every Democratic icon was lined up against gay marriage.
Now they're not.
You know? Because it's politically expedient for them not to be.
Who knows what they're gonna be for or against in another three years, right? I like people who stand by their opinions.
I like people who stand by their beliefs.
And I think a religious accommodation must be made for people who do that.
You know? It's the right thing to do.
And as we've discussed, you're a highly educated, very confident woman, but you walk into this law firm, full of old bulls and young tigers.
- Were you nervous? - Oh, very.
- That's nice.
Very human.
- Just wait.
During our time together, Mrs.
Florrick talked about what she had learned as an attorney.
About the importance of being smart, creative, zealous.
But the question surfacing in recent days is this: Was Alicia Florrick the candidate too creative, too zealous, in her pursuit of the state's attorney's office? - What is she talking about? - I have no idea.
I recently spoke with a Chicago election monitor, and serious accusations are being made that the voting machines in some wards registered votes for Frank Prady as votes for Alicia Florrick.
- Mother of - That may have been the difference - What? - in the state's attorney race.
- We are all in trouble now.
- Was the election stolen? For now we don't know
That's the word.
Happy that you won the election? Yes.
And very grateful to all those who shared my vision.
It's really a shared victory.
A victory that becomes less improbable when you see Alicia Florrick in action.
What do I love the most about coming to my law firm? Well, that's easy.
The camaraderie.
If Alicia Florrick's a legal powerhouse, it's because she commands the respect of her colleagues.
But it wasn't always so.
Saint Alicia came by way of an arduous journey.
- Can we do better than that? - Yeah, tell me when.
Mm-mm.
There.
No, back one.
Move in on it slowly.
Saint Alicia came by way of an arduous journey.
One that took her from stay-at-home mom to scandal to lowly associate.
The scandal photo, can we keep her in color and make everything else black-and-white? Yeah, great.
Now back to the interview.
- mom to lowly associate, to founding partner of one of Chicago's largest firms.
How will my administration differ from that of my husband's? - Well, it's not I can't - No, cut the stumble.
- Chicago's largest firms.
- The better question? How will my administration be different from my predecessor? We will be accountable to victims, worthy of the public's trust.
I'm sorry, Petra.
I need to get Mrs.
Florrick on the phone - with the governor just for a moment.
- Sure, Eli.
Anything for you.
Going great, though.
- Love what you're doing.
- Thanks.
There's no one on the phone.
Just turn around and pretend you're having a conversation.
It's about the hack.
Are you sure the e-mails are safe? We're hearing that they might still come out.
- Hearing from whom? - I heard Diane and Cary talking.
- You want some crackers? - No.
The hackers want an apology from the firm.
Well, we already resolved it.
I mean, we can't publicly condone piracy.
You don't have to.
"We regret any implication that the blah-blah-blah shareware is not legitimate.
" You know.
I have to consult my partners.
The deadline's at the end of the week, or the e-mails go wide, so consult fast.
Thank you.
- Set? - Yes, yes.
Sorry about that.
- No, no, no.
- All set.
I was thinking of using this for the sit-down.
It looks way better than the first time she sat down.
I didn't I didn't shake her hand that time.
And we will be transparent.
Accountable to victims, worthy of the public's trust.
- Where'd you get these? - An anonymous source.
- They're hacked? - Yes, Alicia Florrick's hacked e-mails from the past five years.
You have to read them.
- Thought this was a puff piece.
- It was.
People don't like when you tear down heroes.
Are you kidding? It's what they live for.
I need independent corroboration.
Talk to her firm, confirm they've been hacked.
Yes, we did have an attack on our e-mail services, but we have since Petra Moritz.
But we have since repelled that attack.
No, it's had absolutely no impact Okay, Daddy just needs a minute, so I need you guys to sit quietly.
Come on.
Charlie, come on.
Ms.
Sharma, hello.
Good to see you again.
You, too, Mr.
Wiley.
What are you up to today? Oh, just, you know, the usual, making trouble.
- See you later.
- Bye.
Yes, well, he's in with a client right now.
Sure, I'd be happy to send you to voice mail if that's okay.
It's no problem at all.
That'll be 10:00 tomorrow? Hey, everything all right? Yes, I just have to meet this Mr.
Dipple at his think tank.
No, I mean in there.
Oh, yes.
Andrew Wiley.
You know, the investigator? - Yeah.
What's he asking? - He's working with Internal Affairs.
Looking into Detective Prima and how he set up Cary.
Brady Violation.
Yeah, and how he entrapped Cary too.
Well, they're finding that harder to prove.
- Why is he talking to us? - They want to find out how we discovered that e-mail from Canada.
The one that Prima deleted.
They wanna prosecute him for this.
See you.
- Hi.
- Hey.
- Can I help you? - Yeah, uh, I need some legal advice.
Okay.
Hypothetically, a cop is going to prison for something that he didn't do.
Someone else did it.
But there's a lawyer who made misrepresentations based on, um - I - Just don't use names and I'm fine.
Look, someone is guilty of faking evidence, but a lawyer who did not fake that evidence and, in fact, thought it to be true, presented it in court.
- Now, is that lawyer in trouble? - What, for using the faked evidence? Yeah, even though she didn't know that it was fake? Mm-hm.
Yes.
Ignorance is irrelevant.
The lawyer could be disbarred or even go to prison.
Okay, and, uh What if that person who faked the evidence swore to the lawyer's innocence? Doesn't matter.
It's strict liability.
Okay.
- Anything else? - No, that's enough.
Thank you.
Sure.
Diane, you brave soul, welcome to the Plenary Institute.
How am I brave? Liberal lawyer in this lion's den of conservatism? A lion's den is perfectly safe when you have God on your side.
There she is, quoting the Bible.
Diane, may I introduce Max Gauls, Cole-Harberts-Greyson? - Justin Partridge of Simkins-Wilde.
- It's so good to meet you.
- Diane, have a seat right over here.
- Okay.
So, what am I doing? Aside from picking up your retainer check? - I need a liberal viewpoint.
- On? Gay marriage.
- You're the devil's advocate.
- In what way? We're trying to decide whether to fund a case on gay marriage and religious accommodation.
- And what is the case? - In May of 2014, Jane Armisen, a baker in California, was asked to bake a cake for a gay wedding.
She refused, citing religious objections to supporting gay marriage, - and was sued for discrimination.
- She lost.
And you're wondering whether to take up this baker's appeal? - Yup.
- No.
- Obviously.
Ha, ha.
- Well, that's not surprising.
Well, it's not because I'm a liberal.
It's because you won't win.
This was a plain wedding cake? There was nothing about the cake itself that was offensive to the baker? That's correct.
It's the fact it would have been used in a ceremony she believes dishonored her religious creed.
But this baker advertises to the public that she makes these wedding cakes, and she will sell these wedding cakes to anyone, just not gay people.
- I'm sorry, but that's not a strong case.
- Well, the Constitution guarantees her the free exercise of religion.
And California's Civil Rights Act forbids discrimination against LGBT people.
We have two competing freedoms.
Businesses are allowed to refuse service to anyone.
With certain exceptions to that right.
It cannot be based on race, color, religion, or sexual orientation.
- In some states, sexual orientation.
- In many states.
Well, but there are exceptions to the exceptions.
What did Thomas Jefferson say? "Among the most inestimable of our blessings is that of liberty to worship our creator in a way we think would be agreeable to him.
" It's no different from conscientious objectors to war.
I'm sorry to be blunt.
I know you come to your opinions honestly.
Well, it's not just my opinion.
The Religious Freedom Restoration Act allows exemptions in anti-discrimination laws.
Not in California.
California does not have one.
Let's say we're not in California.
Let's say we're in Colorado.
Well, we're not in Colorado, but RFRA would not be your friend there, either.
- So let's say it's in New Mexico.
- It doesn't matter.
The baker's refusing to sell a wedding cake to a gay couple for who they are.
That is the heart of discrimination.
What if our baker won't sell a wedding cake to a gay couple, but he will sell them bear claws? - Cupcakes? - That's right.
She isn't, in fact, refusing to serve homosexuals.
She just won't do the one thing her religion says is a sin.
Okay, that's a good point.
Great.
Let's take a little break.
So, where is Diane Lockhart? - I'm sorry? - "That's a good point"? - It was a good point.
- No, it wasn't.
You know it wasn't.
- Well, you wanted me to help.
- No, I want you to fight.
I want you to convince me this is a loser case.
If you're worried about offending me, don't.
I have a gay nephew, okay? Love my gay nephew, want him to be happy.
I just don't happen to believe in gay marriage.
You do.
- Convince me I'm wrong.
- Go for the jugular? - Mm.
Right there, ma'am.
Right there.
- Ha-ha-ha.
That's insane.
Selling someone something they don't want is the same thing as refusing them service altogether.
No, it isn't.
A vegetarian couple walks into a market and you refuse to sell them vegetables.
In fact, you'll sell them anything but vegetables.
You are effectively denying them service.
A gay couple wants to buy a wedding cake and you refuse to sell them a wedding cake.
The camaraderie, the relationships I've built here, it's what makes coming to work a joy.
Relationships that have been built with some difficulty, apparently.
Now cut to the e-mail.
Float it in, Star Wars style.
"It's all about money to them.
The partners don't give a damn about us.
" Float in the second e-mail.
"The partners don't give a damn about us.
" Two of her coworkers write, "Alicia is a perfect example of someone sleeping her way to the top.
" Now change the music.
"It's all about money to them.
The partners don't give a damn about us.
" Two of her coworkers write, "Alicia is a perfect example of someone sleeping her way to the top.
" Mrs.
Florrick, I want to thank you for agreeing - to sit down for a second interview.
- Absolutely.
We just need clarification on a few things.
Mrs.
Florrick, you returned to the practice of law after 12 years - Thirteen.
- Thirteen years.
Sorry.
And you walk into this law firm, full of old bulls and young tigers.
- Were you nervous? - Very.
And the only person you knew at all was Will Gardner.
Yes.
The two of you wound up becoming quite close, didn't you? Will was a terrific lawyer.
He was smart, creative.
Zealous in the best sense of the word.
Maybe more importantly, a trusted friend? - Yes.
- And after May 2010, perhaps even more so? Apologies.
I just need to borrow Alicia for a moment.
I forgot to get an answer on something time-sensitive.
- She has the e-mails.
- Or the photos.
No, she said May 2010.
That's the e-mails.
What e-mails? What are we talking about? How bad? Give her your phone.
I'm calling this off.
You're saying that a Hindu or a Muslim can enter a bake shop - No, that isn't comparable.
- Yes, it is.
They're both protected classes.
A Hindu can enter a bake shop and be denied a wedding cake.
No, no, because that is denial of a class of people.
Exactly.
Like gays.
No, that is the denial of an activity.
Of the marriage.
Which is just a pretext for discrimination.
What if it weren't a blank wedding cake? - That's not what happened.
- I know that.
I'm trying to determine where religious freedom ends and antidiscrimination laws begin.
What if Jane were asked to attach a figurine of two men holding hands? Could she deny that service? If she's offering the service of supplying figurines, then, no, she cannot deny that service.
What if she's asked to write on the cake, "Congratulations, Roger and Carl"? Can she deny that because it's speech - she doesn't approve of? - Now we come around to the free speech argument.
Well, you knew we were gonna end up there.
Okay, well, here's the thing, it's not her speech.
It's the speech of the person purchasing the service.
I mean, imagine if she is a printer and a gay person comes in needing flyers.
She cannot reject his business, even though the flyer may be advertising an LGBT meeting, because to reject him is to discriminate based on sexual preference.
Just as one can't discriminate - based on religion? - Exactly.
So if a Christian walks into the cake shop and orders a cake that says "God sends gays to hell," does the baker have to write that on the wedding cake - even if she doesn't approve of it? - No.
- Because you find it offensive? - No.
Because the baker is not objecting to a religion but a point of view.
- A hateful one at that.
- But the purchaser finds it essential to his or her faith.
Isn't the Christian a protected class, with the same protection as gays? I'm sorry, there's been a slight hiccup in the investigation.
- What hiccup? - Detective Prima deleted the e-mail from the Canadian authorities at 3:11 p.
m.
On August 28.
That's the great thing about technology.
You're never wondering when this or that happened.
It's all there in black-and-white.
- Good.
So, what's the problem? - Timmy, Dora, less noise.
Okay, here.
Detective Prima was on the stand testifying in a burglary case from 2:38 p.
m.
To 5:30 p.
m.
On August 28.
So, I mean, unless there's a mistake in the public record or in the e-mail metadata, there is no possible way Hey, Dora, let go of Timmy's hair.
There is no possible way that Prima could have deleted the e-mail.
Okay, so, what's your theory? Well, unfortunately, my theory involves ASA Geneva Pine, who was having an affair with Prima at the time.
- You're kidding.
- No.
I mean, she didn't tell anybody.
You know.
I mean, for Sorry, can you? For obvious reasons.
Kids, Cheerios.
Think she deleted the e-mail for Prima? Well, she was the only one in the department with access to his account.
I was wondering if you guys had any other thoughts.
Uh, ahem.
- Why would we have thoughts? - I have no idea.
Do you? No.
Don't make me count to five.
Will was a terrific lawyer.
He was smart, creative.
Zealous in the best sense of the word.
June 2010.
"Will, sometimes I worry this is wrong, you being my boss.
" "I know but I can't get you out of my head.
The touch of you, the taste.
" That's a long time to be on one image.
Right.
Cut to the scandal.
Make her black-and-white, everything else in color.
"You were away at depos this week.
All I could think about was your hands on me.
Sometimes this feels too dangerous.
" Editing.
You better get out there.
She is planning to use illegally obtained e-mails.
Not just use, broadcast.
Which is so far beyond the pale, I can't believe I didn't hack her e-mails, I just received copies of them.
A distinction without a difference.
- No, the Supreme Court spoke to this.
- Bartnicki v.
Vopper.
As we didn't steal the material, we have a First Amendment right - to publish it.
- If it's a matter of public concern.
Mrs.
Florrick is a public official now.
But that does not strip her of her right to privacy.
Exactly.
You use these private e-mails, sir, you and Petra, - you are, you know, blah-blah - Co-conspirators.
You're wrong on the law.
You can go after the hackers here, but not us.
There is a tort for the disclosure of private facts.
- Well, then sue us after it airs.
- Oh, come on, Charles.
You made a speech to the International Press Commission about the ethics of journalism.
And now you're looking for cover to air this kind of, you know Scurrilous, sexually charged innuendo, which, until today, was the stuff of tabloids and blogs, which, it should be noted, is where you came from.
Your righteous indignation is sweet, Eli, but you started this.
- You created the myth of Saint Alicia.
- That is absolutely not true.
You love to build people up and then tear them down.
The truth, which comes out in these e-mails, it puts the lie to all that, and the public has a right to know.
You've really lost all perspective in this.
- It's gross.
You're gross.
- Thank you.
- I'm gonna hold this piece until - Charles.
Until I can consider all sides, ethically and otherwise.
What are you gonna do? Who would be interested in this? TMZ or Gawker? I don't know.
Both.
What about a, uh? Say, a wedding planner? It's First Amendment, it's personal services, it's religious freedom, all rolled into one.
Isn't it? Yes, you would arguably have a better case with a wedding planner because of the burden on her.
Her time commitment, her level of creativity, the list of her personal contacts.
Yes, that would be a harder case for me to win.
Great.
- Heh.
Well, that was exhausting.
- But effective.
I have decided not to fund the baker's appeal.
Good.
I think that's smart.
Not just ideologically but practically.
I think you'd lose.
You know what metadata is? - I do.
- Did you know it's possible - to fake metadata? - I didn't.
Yeah, it's very difficult.
You have to first hack into the computer, - then change the codes - I'm really not sure what it is that you need from me, Mr.
Wiley.
You used to work in the SA's office.
I'm just wondering if you have any information that might be helpful to me, or if you know of anyone here who might have faked the metadata.
No, sorry.
Eli couldn't make it.
Some blah-blah with the governor.
Good, I don't have the energy to talk to Eli.
- What am I doing here? - I wanted to give you a heads-up.
- You're kidding me.
- I got no choice.
Gawker's starting to sniff around.
It's just a matter of time - before they dump everything online.
- Don't do this.
I can't afford to get scooped.
But you can afford to be a tool.
That's good to know, the next time I need, you know, a tool.
Hi.
Alicia.
Bit of a problem.
From NPR News in Washington, I'm Lakshmi Singh.
Another salvo in the ongoing cultural dispute over same-sex marriage in America, this time involving a gay couple in Idaho who were turned down by a wedding planner.
Same-sex marriage is legal in Idaho, and the couple sued and won.
But now prominent conservative activist Reese Dipple has agreed to fund the wedding planner's appeal.
- Do you have a dollar? - Yeah.
- Why? - Because I need it.
Here you go.
Okay.
So I'm your lawyer now, Kalinda, and this dollar represents attorney-client privilege.
Sure.
You faked metadata and Diane presented it in court - to get Cary released, yes? - Yeah.
- But Diane didn't know it was faked.
- Yeah.
- Anything else? - Look, after I faked the data, I had second thoughts about using it.
But Diane took it from my computer without my knowledge.
I didn't realize until I got to court and saw her present it to the judge.
Okay.
Okay, you don't talk to anyone about this.
Not Diane.
Not Cary.
And not Wiley.
You just talk to me, okay? Do you have any ideas? No.
You used me.
- What? - That wasn't a think tank exercise.
You were trying to find a wedge issue against gay marriage.
Of course I was.
And I found it.
- And you helped me.
- Great.
So I was your liberal guinea pig.
Why is that a bad thing? If you think that gay marriage can withstand all legal assaults, you should rejoice in any chance to defend it.
So you're funding this wedding planner's appeal now? Yeah, I am.
It's a stronger case.
And you can help me.
- I won't defend her.
- You don't have to.
I wouldn't ask you to be someone you're not.
- I want you to represent the plaintiff.
- Excuse me? We're having a mock trial here this afternoon with the real wedding planner.
I want you to sue her.
Destroy her.
See what damage you can do.
- So you can improve your case? - Yeah.
But also so you can destroy it.
- Who's my client? - Couldn't find the real plaintiff.
You'll have to work with a stand-in.
- Who's the judge? - Geoffrey Solomon.
- So nice to meet you.
- Such an honor, sir.
- Diane Lockhart.
- I know.
I think I read your Harvard book three times.
Really? That's more than all my ex-wives put together.
Heh.
R.
D.
You got to admit, I'm stacking the deck against myself here.
Liberal judge, tough plaintiff's attorney.
- You lose, all your fault.
- Thanks.
Okay, strategy session.
- Two-pronged attack.
- I love the two prongs.
Even as a kid, - we had two-pronged attacks - Marissa! Shh.
We have to delay Petra, even it's only by 24 hours.
How do we do that? - Hello, Eli.
What do you need? - I just got off the phone with the governor.
He can help fill out your story.
Really? In what way? By offering you an on-screen interview.
- This is such BS.
- What? - You're just trying to delay me.
- If you don't want the interview, fine.
- When can he do it? - There's a chance later tonight.
- What kind of chance? - Mm, sixty-forty.
- No restrictions on questions? - None.
- Okay, get back to me with the time.
- Sure will.
- So you don't get back to her? - Oh, you do, 11:30 tonight.
Now prong two.
We pre-spin the e-mails.
What does that mean? - Go to a friendly reporter.
- And reporters who hate Petra.
Give them a chance to scoop her.
If you don't want a story told, - tell it yourself.
- How do we tell it ourselves? What's the worst revelation and the worst e-mail? "Alicia, I can't get you out of my head.
- The touch of you, the taste" - Okay, thanks.
It's just flirtation.
There was no affair.
- These are flirtatious e-mails.
- Eli.
- What? - I think you and I should talk alone.
I know this is embarrassing for you, but we don't need to explain your life.
All we need to explain are these e-mails, and these e-mails merely suggest an obsession, a flirtation.
That's gonna be embarrassing enough.
Are there any e-mails that suggest an actual affair? "Will, you were away at depos this week.
All I could think about was your hands on me.
Sometimes this feels too dangerous.
" Okay, still pretty embarrassing.
But merely suggestive of an act.
You didn't act on it.
This is just sexting.
And it was while your husband was screwing around.
Yeah, I don't think we need to go too deep into that.
Why not? She's right.
Alicia was merely tempted because her husband moved out on her and blah-blah.
I don't think we need to tear down Peter to build up Alicia.
It was an affair.
I can't just say this stuff about Will because it wasn't true.
But no one would appreciate it more if you did than Will.
He always knew what had to be said.
I can't.
I'm sorry.
Now what? Get Peter to talk to her.
I'm not prejudiced against gay people.
I'm not prejudiced against anyone.
But I believe the Bible is the word of God.
Period.
And it's not mine to ignore or change as I wish.
Well, honestly, it would be easier to do that.
I don't wanna be in the position of turning down business.
I'm a wedding planner.
I need your business, sir.
I'm supposed to treat him like the actual guy who's suing me, right? That's right, Ms.
Dahl.
Treat this just like court.
Treat me just like a judge.
Look, I certainly don't wanna be sued for sticking to my beliefs, - but they are what they are.
- Thank you, Ms.
Dahl.
- Your witness.
- So, Ms.
Dahl, you've been a wedding planner for 12 years, is that correct? - Yes.
- And in all that time, you have never been approached about doing a gay wedding before? Never.
Of course, there's a homosexual community in Pocatello, and my very favorite florist is gay.
But you are aware that gay marriage has been legal in Idaho - since October of 2014.
- I'm aware it's legal, yes.
Abortion is legal too.
It doesn't mean I have to agree with it.
But you have to follow the law.
I'm not stopping anyone from getting married.
I just don't wanna be the one to plan their wedding.
That's all.
I'm helping two people seal their commitment to one another before the world and before God.
I can't do that if I don't believe in it.
Ms.
Dahl, how many times did Jesus condemn homosexuality? Objection.
Relevance.
She's claiming religion is the basis of her refusal, counselor.
I fail to see how the specifics of that religion could not be relevant.
Um, Jesus never condemned homosexuality.
And how many times did Jesus condemn divorce? Three times.
Four times.
If you count Matthew and Mark's account of the same incident.
Thank you.
So you've never planned a wedding for a couple that had previously been married? Um I haven't asked.
I guess I have.
Well, in fact, you have planned two weddings in the last year alone where one or both of the couple had previously been married.
That sounds right.
So your religious objection - is selective at best? - Objection.
Argumentative.
- Sustained.
- No more questions.
Let's talk.
- You have no choice.
- I'm not gonna lie, - especially not to a reporter.
- You have to control the narrative.
To keep me from looking like the slutty wife? Yeah.
- It'll kill you.
- And you.
- You'll be the cuckold.
- If you don't control the narrative.
It's kind of odd that we're discussing this so calmly.
I'm hoping it's maturity.
- Really? Is that what it looks like? - Talking calmly.
Not yelling.
Making sense.
Yeah.
Have we come through the other side? - What other side? - Of anger.
Jealousy.
Disgust.
- Did I disgust you? - For a while.
It's kind of nice sitting here, drinking together.
It's like watching two other people drink.
And what do those two other people do? They used to be married.
They like each other.
They forgot that they're supposed to hate each other.
Mm.
Oh, it's not gonna happen.
- What? - Sex.
- I didn't say a word.
- You don't have to.
I can see the look on your face.
I've known you a long time.
- A long, long time.
- Oh, my God.
You're like an 18-year-old.
Everything's about where you can stick it.
No.
Listen.
I know you think I've been a dog, Alicia, and I know you think I've been a bad husband, but I've never been as bad as you've wanted me to be.
- That's probably true.
- And I loved you.
I still love you.
I don't know, Peter.
"Love" is a word that is so exhausted.
I wish it meant something to me.
Can I just leave it tonight that I like sitting, drinking with you here? Sure.
Mr.
Andersen, may I call you Nils? You're my client's husband, is that correct? For the purposes of these proceedings, yes, I am.
We understand you're playing a part here, Mr My real name's Todd.
Fine.
Just answer Ms.
Lockhart's questions as though you were actually Nils Andersen.
Go ahead.
- You're Mr.
Taylor's husband? - I am.
We were married in January.
I'd like you to talk about the day you were turned away by Ms.
Dahl - for being gay.
- Objection.
Misstates facts.
Ms.
Dahl didn't turn them away for being gay.
She simply did not wanna participate in their wedding.
Sustained, but barely.
Mr.
Andersen, please, tell us how it felt to be turned away.
It felt like crap, frankly.
Was this the first time you'd been turned away from a business because of someone's religious objections? No, happens a lot.
And so then why sue Ms.
Dahl and not anyone else? I guess it was the straw that broke the camel's back.
Sometimes that's the way it feels, you know? You feel like a second-class citizen, and especially in a town like Pocatello, - because it's so small.
- In a town that small, was it easy to find another wedding planner? No, there are only three.
Maybe five or six, if you count nearby towns.
They were all booked.
And if Ms.
Dahl had simply told you she was booked? I would have understood.
I guess that would have been a lie, but it would have hurt less.
It would have been better than the truth.
Do you feel that you have suffered economic harm due to Ms.
Dahl's turning you away? Yes.
We had to go all the way to Boise to find a wedding planner.
That's 200 miles.
We had to make that drive four times Your Honor? Could I request a brief recess before we cross? Well, of course.
- How dare you? - I'm sorry? You cast my nephew as the lover? Yes, I did.
You said go for the jugular.
Hey, Uncle Reese.
Hi, buddy.
Will you follow me, please? Hey.
How did you know how to change the metadata? I had a friend show me.
- But you did it alone? - Yeah, but he knew I was doing it.
And nobody else knew anything about it? Just him.
Do I need to contain this? That's an understatement.
Whoa.
Where are you off to? Have you seen Howell? I thought he was here.
- Who? - Howell.
- The guy who works on the computer.
- Oh, yeah.
Wiley pulled him out for something.
They're in the conference room together.
Did you not believe me when I told you I loved my nephew? No, I did.
That's why I approached him.
I'm not paying you to stage a family therapy session.
- I'm not paying you to use my relative.
- I didn't.
He wanted to participate.
I pay you to act professionally You told me to go for the jugular.
You told me to get personal.
This is more than personal, this is an insult, Diane.
I'm sorry, sir, but if you wanna decide on gay marriage, you have to see who you're impacting, and it can't be an actor.
So finish what you started.
Me, my, mo, may.
May.
May.
There we go.
Very friendly reporter, dumb as an ox.
Just keep your answers to single syllables and you should be fine.
- Mrs.
Florrick, hello.
- Mr.
Willoughby, I was thrilled when Josh told me you said yes.
I was too.
I voted for you, ma'am.
- Unless I shouldn't say that.
- Oh, well, I won't tell anyone.
Good.
I like secrets and things of that elk.
- Ilk? - No, elk.
Things of that elk.
Well, uh, ahem.
Shall we get started? Were Alicia and Mr.
Gardner close? Absolutely.
Interesting that you're calling her Alicia and him Mr.
Gardner.
Are you trying to manufacture some distance between them, Eli? No, Kim, I'm trying to give you a sense of the reality.
Ah! So you did have a relationship with Mr.
Gardner? Well, it depends on how you define "relationship.
" As in "relating to other people.
" This is about Petra Moritz? Seriously? No, it's not about Petra per se.
It's about a journalistic culture that increasingly kicks sand - over ethical boundaries - Petra has these e-mails? Yes.
Of course, Petra wants to go with this story tomorrow, so if you wanted to scoop her, you'd have to get something out tonight.
So if there was nothing going on between you and your boss, how do you explain these e-mails? I'm embarrassed to admit it, but it was a flirtation.
An innocent one, but a wrong one.
I was having difficulties with my husband at that point, and I was carried away.
I wish that I hadn't, but I'm deeply embarrassed.
But were you having difficulties with your husband at that point? Yes, that's right, I was having difficulties.
And were you embarrassed? And I was embarrassed.
Um I hate to admit it.
Let's talk about your relationship with Mr.
Gardner.
- Hey.
- What's going on? - What did Wiley ask you? - He asked about the metadata.
- But I lied for you.
- Howell, I told you to tell the truth.
Don't worry, he believed me.
I told him we stumbled on the metadata while I was fixing tickets for you in the Chicago P.
D.
Traffic system.
- What? - Speeding tickets.
It's something I actually do.
I told him I fixed two tickets for you.
You had four, but I fixed two to keep up appearances.
Howell, I don't have four speeding tickets.
I don't even have two.
I will make it look like you do.
Don't worry so much.
Okay, look, just tell me everything that you said, okay? All right.
Mr.
Andersen, aren't you and your husband just picking a fight? - Objection, badgering, inflammatory.
- Try it again, Mr.
Partridge.
Did you have an ulterior motive in bringing suit against Ms.
Dahl? Did I have an ulterior motive? I guess what I'm asking is, were you really so offended by what she did - or did you see this as a test case? - Objection.
- It's a fair question, counselor.
- A test? A case that would allow you to change the law in your favor.
Isn't that, in fact, - why you brought this case? - No.
I'm in love.
That's the only reason I'm doing any of this, by the way.
I'm in love.
- Nothing further.
- I have something further.
Why doesn't anyone ever ask me what I believe? They take it for granted I'm not a Christian, but I am.
I believe in God too.
Am I proud of my wife? More than you can imagine, Petra.
Winning an election in Chicago is difficult.
But winning an election in Chicago with your integrity still intact Well, that's practically a miracle.
- And Alicia Florrick has kept hers? - Always.
Governor, was your wife sleeping with her boss, Will Gardner? Oh, well, I can't answer that question.
- Because you don't want to? - No, no.
Because I can't confirm what you're asking.
Just like, listen, I can't confirm that she was ever at a Neil Young concert.
I can only confirm what my wife has told me, which is she did not have an affair with Mr.
Gardner.
Governor, we have copies of e-mails between your wife and Mr.
Gardner.
Which I'm sure you'd love to take as evidence of a scandalous office romance.
But as my wife told the reporter Ted Willoughby, they are simply an artifact of a flirtation, not of an affair.
- I'm sorry, what? - As she told the reporter Ted Willoughby of Channel 8 just a few hours ago, those e-mails were part of an unfortunate flirtation, that's it.
Well, surely the language in these e-mails is not everyday talk between a superior and subordinate.
Well, that's a picture you seem intent on painting.
I guess what my chief of staff Eli Gold said to Kim Masters in their interview is true.
You're out to get her.
No, I am just trying to reveal the truth, governor, and Look, Petra, you've been trying to nail Alicia for the last three years.
- Governor, that - You have a grudge against her.
You do.
If you look at any of your interviews - Okay, thank you, thank you.
- I think we have what we need here.
- Okay.
We're good? - Yes, thank you for coming down.
Oh, no, thank you.
I think that went well.
Hey, thank you.
Good to see you.
Okay, thank you.
- Speeding tickets? How many? - Uh, four.
There were four, but he only fixed two for me.
I paid for the other two.
- Just to keep it kosher? - Yeah.
Where'd you get them? Two in the Loop and one on the way back from Springfield.
- The other on the South Side.
- That's exactly what Howell said.
Almost word for word.
I gotta go.
There's a puppet show at the library.
One last thing, Kalinda.
You're caught.
You faked the metadata.
The longer it takes for you to admit it, the worse it'll be for you and Diane.
So, I mean, I hate to say this because I like you, but if I were you, I'd come clean.
Come on.
Well, you've given this old con law professor a lot to think about.
On the one hand, people have the right to their religious views, and they cannot and should not be barred from the marketplace because of them.
On the other hand, every citizen has the right not to be discriminated against on the basis of their race, their color, their nationality and, yes, their sexual orientation.
Well, given all that, my task is difficult but clear.
I must weigh whether or not a religious accommodation would frustrate the core purpose of antidiscrimination law.
And in this case, I find that it would.
Accordingly, I must rule in favor of the plaintiffs, Mr.
Taylor and Mr.
Andersen.
Very well done.
Diane, can I ask you something? What do you think would happen if every case were adjudicated by someone with a family member or loved one who'd be affected by the decision? Ultimately, perhaps every case is.
But isn't the law supposed to be impersonal? In the sense that it should be the same for everyone? You know, otherwise we're in China, right? Everything's determined by who you know.
The law is supposed to be fair, not impersonal.
In fact, I would argue that the law is always personal.
It has to see the human side too, or else it's meaningless.
Mm.
You're gonna fund this defense anyway, aren't you? The wedding planner? - Yes.
- Why? Three years ago, Barack Obama was against gay marriage.
So was Bill Clinton.
So was Hillary.
You know, basically every Democratic icon was lined up against gay marriage.
Now they're not.
You know? Because it's politically expedient for them not to be.
Who knows what they're gonna be for or against in another three years, right? I like people who stand by their opinions.
I like people who stand by their beliefs.
And I think a religious accommodation must be made for people who do that.
You know? It's the right thing to do.
And as we've discussed, you're a highly educated, very confident woman, but you walk into this law firm, full of old bulls and young tigers.
- Were you nervous? - Oh, very.
- That's nice.
Very human.
- Just wait.
During our time together, Mrs.
Florrick talked about what she had learned as an attorney.
About the importance of being smart, creative, zealous.
But the question surfacing in recent days is this: Was Alicia Florrick the candidate too creative, too zealous, in her pursuit of the state's attorney's office? - What is she talking about? - I have no idea.
I recently spoke with a Chicago election monitor, and serious accusations are being made that the voting machines in some wards registered votes for Frank Prady as votes for Alicia Florrick.
- Mother of - That may have been the difference - What? - in the state's attorney race.
- We are all in trouble now.
- Was the election stolen? For now we don't know