The Good Wife (2009–2016): Season 4, Episode 9 - A Defense of Marriage - full transcript

Hey, I'm sorry, buddy.
Are you all right?

I hope I didn't ruin your suit.

What is that? Calvin Klein?

What happened?
Okay, okay.

Yeah, I will tell her.

I love you, Mom.

- So you committed fraud?
- I've done a full inventory since fall.

I've resolved to give investigators
my memos and e-mails.

And you think
that's the extent of your responsibility?

Look, I run a software company, that's all.
I'm involved in the big picture,

not all these details.



You mean details like defrauding
the IRS for $430 million?

Objection.

Yes, thank you. In stereo.

- Sustained, AUSA Stabler.
- Bucky, Your Honor.

Bucky.

to file online returns
and to receive online refunds.

- That's correct.
- Two years ago,

you began to file fraudulent claims
from criminals

- using stolen Social Security...
- We didn't know they were fraudulent.

Really?

You sent 86 tax refunds
to a single address.

Tax refunds totaling $3,267,000.

All sent to the same
South Side address.

I was the CEO of a company, sir.



I didn't have time to check
every single envelope.

I trusted the people under me.
People like Dale.

Objection, Your Honor.

Okay, we need just one lawyer
to object at a time. Please.

Mr. Stabler is again attempting
to use our co-defendant against us.

And we again ask Your Honor
to sever our two defenses.

As long as they are combined, the new
AUSA will use us against each other.

- Is that what you're doing, Mr. Bucky?
- Never, Your Honor.

Your motion is again
acknowledged and denied.

Your client comes after us
like that again, we'll come after you.

This is a government wiretap
dated March 3rd, 2011.

Would you listen, please,
and identify your own voice.

- Hello?
- It's me, babe. You up?

Yeah, I was just winding down.

Objection, Your Honor.

This is a wiretap of my client
speaking with his wife.

Therefore, it is subject
to spousal privilege.

Your Honor, Mrs. Foster
was a co-conspirator, therefore,

- the spousal shield law is pierced...
- Mr. Stabler can assert conspiracy

all he wants,

- but there has been no evidence.
- Evidence is being gathered.

- Gather it, then submit the tap.
- Stop. Stop.

It's gratifying
that you all feel so comfortable

to talk over each other in my court.
But sustained, Bucky.

This wiretap of the defendant speaking
with his wife must not be used.

Bring me evidence of a conspiracy
and I'll reconsider.

- You're trying to blame me?
- No, I was just stating a fact.

- I was the CEO, you were the CFO.
- I am not going to jail for you.

Okay, that's enough.
We're on the same side here.

You seem to be everywhere
these days, Bucky.

Yeah, I got rich, I got old, I got bored.

I thought I'd help out my Uncle Sam
at the Department of Justice,

nail some bad guys. Like yours.

- So we're 0-1.
- We're?

Zero. One.

Ah.
We'll have to change that, won't we?

- Alicia.
- Owen. Hi.

- What are you doing here?
- I came to see you kicking ass.

- You were great out there, sis, really.
- I haven't done anything yet.

Well, take the compliment.
Seriously. Look what came.

- Ugh. Where's it from?
- The Caribbean.

- She's getting closer.
- Yeah. She's flying in tonight.

Flying in where?

- Uh, here. Home.
- Why? Malcolm wants to see family?

Uh, well, I don't think so.
The last time I talked to her,

she said she had met someone.
Henry, from Alaska. An oilman.

On the last cruise.

- Do they even have oilmen anymore?
- Apparently in Alaska.

Maybe she wants a divorce
from Malcolm.

- Maybe she needs your expertise.
- Oh, dear Lord.

Heh. So, what's next?
More objections? I love the objections.

Maybe a few. There should be
some fireworks after lunch.

- Don't you have school?
- Oh, it's a furlough day.

One of the great things
about a bad economy.

Mr. Savarese.

Nick?

Wow. What happened to you?
Look at that.

Basketball injury.

- Really?
- Yeah.

- Wanna get some ice on that.
- Thanks.

Sorry to interrupt your work here,
Nick, but we have a problem

with this potential suit
against Streckler Automotive.

- We do?
- Yeah.

I used to work
for the state's attorney's office.

Don't know if you knew that.

Anyway, I still have friends there,

and they came to me
warning me about this red flag.

And what's that?

Your second in command,
what's his name?

Bill?

- What about him?
- He has a record. Drugs, just like you.

And that's why I'm here,
as your lawyer, to warn you.

They'll probably use that against you
to rebut your lawsuit.

Now, to prepare myself
for these upcoming depositions,

I looked into other legal issues
with your tow trucks.

- There were none, thank God.
- Thank God.

But 80 grams of heroin
was found in the trunk of a car

being towed by one of your tow trucks
just last week.

It could look bad for your lawsuit.

- And why is that?
- Well, it's a way to transport drugs.

The tow truck driver,
he can't be implicated

because he was just moving the car.

- And what do you suggest I do?
- Well, nothing.

That's why I'm here, as your lawyer.

I've looked into everything there is
to know about your business.

So in case of any trouble,
I'll know what you know.

And I can use my friends

at the state's attorney's office
to find out more.

I hope I haven't disturbed you unduly.
It's all been taken care of.

That's good to know.

And just so you know, Cary,
as your client,

I take this stuff very seriously.

It's life and death to me.

You speak very carefully

on the phone with your workmates,
Mr. Foster?

By "careful," do you mean
I had no knowledge of a scheme

to defraud the government, therefore,
never mentioned it on the phone?

- Yes.
- Okay.

Let me play you another wiretap.

Hey, Warren, how you doing?

Good.

Just seeing what time
you're heading out.

- I think I can get out...
- Objection, Your Honor.

You have already ruled
on spousal shield.

The AUSA is attempting
to circumvent...

This is a completely different
government wiretap on Mr. Lamborne

and Mr. Lamborne's live-in boyfriend,
Mr. Warren Nemec.

Mr. Nemec is not a live-in boyfriend.

He is a legally-married spouse,

- wed in the state of...
- Vermont.

Vermont, after that state legalized
same-sex marriage.

Your Honor has already determined
that spousal shield applies.

Therefore, that same shield must apply
to Mr. Lamborne's conversation

- No, Your Honor.
- With his spouse.

The Defense of Marriage Act
clearly states

that there is only one true marriage,
that between a man and a woman.

- It is a reactionary law.
- Perhaps, but it is a law.

And it's been on the books
since 1996.

And since there is no recognition
of same-sex marriage

in the federal courts, there can be
no spousal shield for Mr. Lamborne.

Well.

This is a tricky one.

Your Honor, the rule of law...

No, no, no, this one
doesn't go to the loudest arguer.

I will review precedent on this.

Prepare your briefs and witnesses
for tomorrow.

So they can't use
the straight couple's wiretap,

- but they can use the gay couple's?
- Unless we fight it.

Good. I'm glad you're doing this, sis.

Justice Lamb called an hour ago.
Would you like to return?

No. Afterward.

I have a dentist appointment
arranged for Thursday.

- Does that still work?
- No, we'll need to clear the schedule.

Lockhart Gardner. Hold, please.

Excuse me. Mr. Breslow?

- Yes?
- Excuse me.

I heard you speak at Harvard.
It was a highlight of my time there.

- I'm Cary Agos.
- Jeremy. This is my assistant, Hal.

Hey, Hal. I'm sorry to be...
I'm just so in awe.

- Ooh.
- May I help you?

Is there something
that you need here?

Yes, in fact.

He's innocent, but he speaks honestly
on the phone to his spouse

and it doesn't look good.

Well, with the other tap thrown out,
in fact, it looks even worse

because we don't hear about
the orders the CEO gives to him.

We need to keep it out.

Hi.

Oh, yeah, from basketball.
Guy caught me with his elbow.

Someone is out in reception
to see you.

- Okay. Who?
- Jeremy Breslow.

Yes, him.
The Supreme Court super-lawyer.

He's just sitting out there.

- Why?
- He wants to see you

about your case.
The TaxLaunch case.

This case? Why?

DOMA.

This ruling can set precedent for years,
maybe decades to come.

It isn't simply a matter
of your client's innocence or guilt.

It's a doorway to the overturning
of the Defense of Marriage Act.

That's why I'm here, and that's why
I intend to help you in court tomorrow.

This is my right hand.

I want you to look at it.

It is with this hand that I promised
my brother, dying of AIDS,

that I would defend the rights of gays
to my very last breath.

I would use all my talents,
my strengths, my treasure,

to advance the cause of Stonewall,
Harvey Milk, Lawrence v. Texas

and now Will Gardner.
Diane Lockhart.

Names that will mean as much
in two decades as those do.

For we, right here, right now,

we are making decisions
that will impact the future of gay rights.

And all you have to do is say yes.
Let me help you.

- He's full of it.
- What? No.

- He's Barnum and Bailey.
- He's a liberal lion. He's a giant.

Who will swallow this case whole.

It'll all be about him,
not about the client.

- He's also free.
- There's another reason we want him.

They just dropped the charges
against our co-defendant.

- What? When?
- Just now.

Without the other wiretap, they don't
have enough against the CEO.

- He'll testify against us.
- Damn it.

- Guess who?
- Here?

It's a gift for Grace.

Oh, that's it. A little more. Keep going.

A little more over there.
That's it, Gracie. You got it.

- Oh, Gracie, that's, heh, perfect.
- Hi, Mom.

- Oh, Alicia. Alicia.
- Mom.

Your hair.
What are you doing to your hair?

- What?
- I like it longer.

I like it shorter.
And what's going on here?

The table. You need
to move it. You'll have more room.

Grandma bought us presents.

Oh, they've gotten so big.
Zach is taller than I am.

- That happens after two years.
- Has it been two years? No, it hasn't.

Look what I got you
for Thanksgiving.

There's not enough room
in the fridge.

Owen tells me
you met someone, Mom.

- Mm, actually...
- Kids, come here. Hold me.

Malcolm died.

She brought him back to bury him.
A stroke, while they were on the cruise.

Oh, Mom, I'm so sorry.
Are you all right?

Malcolm was always
such a beautiful man.

So full of life.

- Zach, get me my purse, will you?
- Mom's run into some legal troubles.

Here's the will.

Malcolm left everything to me,
but his son never liked me.

- Mom, this is a subpoena.
- Oh?

Yes. For yesterday.

Really? Oh, and I got you this book.
You have to read it.

It says Malcolm's son says the will
is invalid. They amended it.

A New Biography.
It's very powerful.

Mom, this says Malcolm
left you nothing.

Oh. Heh-heh.
Well, then I'll really need you, Alicia.

Owen says
you're such a good lawyer now.

- I am honored, Mr. Breslow.
- Thank you, Judge Friend.

But I am the one honored

to be representing such a fine
young man as Mr. Lamborne.

You're crowded over there
at the defense table.

Ben, why don't you get them
an extra table?

Is the government fine
with the addition of Mr. Breslow?

Of course, Your Honor.

As long as our underdog status
is now formalized.

Ha. United States as underdog.

I think that's the first time
since the Revolutionary War.

Do you have a first witness,
Mr. Breslow?

And, of course, by extension,
I mean Ms. Lockhart and Ms., uh...

Uh, yes, thank you, Your Honor.

I would like to call former
attorney general, Arthur Shipton.

Do you swear the testimony
you're about to give is the truth,

the whole truth,
and nothing but the truth?

I do.

What is the United States
government view of DOMA?

It is the current United States policy

to not enforce
the Defense of Marriage Act.

I see.

- Why is that, Attorney General Ship...?
- Objection. Former attorney general.

Bucky, please. You may continue.

Because the current administration

believes the law
to be unconstitutional.

It is discriminatory to define a marriage
as only between a man and a woman.

And therefore, it would be
the opinion of the government

that Mr. Lamborne and his husband
are in fact legally married?

And that this wiretap should be
excluded based on spousal shield?

Yes, that would follow.

Thank you
for rushing over on such short notice.

- No problem, Jer.
- I tender the witness.

Thank you, Jer.

So, ahem, Mr. Shipton, it is the opinion
of the current administration

that the Defense of Marriage Act
discriminates

against same-sex marriage
and it should not be enforced?

Yes, sir, as I said.

And this would apply to every level
of the government?

- Yes, sir.
- Social Security benefits?

Well, I will admit
the Social Security Administration

has been slow to modernize.

Meaning that same-sex spouses

do not receive
Social Security benefits?

That is correct. Currently.

What about federal
estate tax deductions?

Are they available
to same-sex spouses?

No. Regrettably.

Spousal medical benefits
for government employees?

No, not yet.

Medical and dental insurance
for military spouses,

discounted housing,
surviving spousal benefits?

- Anything?
- Again, not yet.

So let me get this straight.
The current administration

considers
the Defense of Marriage Act

to be unconstitutional
and discriminatory

and it should not be enforced,
except when it comes to money.

Objection. Counselor is testifying.

Uh, ma'am, Mr. Breslow
questioned the witness.

Only he is allowed to object.

Mr. Breslow,
do you have an objection?

No, Your Honor,
this is too entertaining.

Don't do that again. I determine
the pace and rhythm of questioning.

So, Mr. Shipton,
have you heard the Biblical imperative,

"Where your treasure is,
there your heart will be"?

Yes. Matthew 6:21.

Wouldn't the inaction of the current
administration on these issues

indicate where their heart really is
on the Defense of Marriage Act?

Okay, I'll interrupt there. Thank you.
You can sit down now, Bucky.

It seems to me there are mixed signals
on the constitutionality of DOMA,

and it is left up to the individual courts
to decide on the veracity of a marriage.

So please present me with evidence
on Mr. Lamborne's marriage.

- Ms. Loy?
- Yes.

I'm David Lee, family law. Alicia asked
that I help with your probate.

Oh, lovely to meet you.

Would you like some M&M's?

Oh. Ha-ha-ha-ha.
Yes, I would, actually.

Oh. Thank you very much.

- So you're Alicia's mother.
- Yes. And you're Alicia's boss.

Well, one of them.
I'm so sorry about your recent loss.

- Thank you very much.
- Mm.

Uh, do you think
there'll be any difficulty with this?

Depends. The other claimant says
that you were cheating on his dad.

That's why the deceased
changed his will to exclude you.

- That's a lie.
- Unfortunately, a convincing one.

- So I've lost then?
- Not necessarily.

- Why not?
- I'm good.

My hero.

Will your finances be devastated
if you lose this probate, Ms. Loy?

Uh, Veronica. Yes, they will.
Does that matter?

It can. Destitution plays well to a court.
This your second marriage?

- Third.
- Really?

I've never found anyone to satisfy me,
I guess. They either bore me or die.

Um... Heh-heh.

Mm. David Lee. That doesn't
sound Jewish, it sounds Chinese.

- Ellis Island. Lee for Liebenbaum.
- Oh. I've always liked Jewish men.

I always thought a penis never looked
quite right unless it was circumcised.

Oh. Excuse me.

So when are you gonna make
my sister a partner?

Unfortunately,
it all comes down to who you know,

- and Alicia knows so few people. Heh.
- Owen, I thought I'd lost you.

- Hello, Miss?
- Loy. Veronica.

- Will Gardner.
- And you're a friend of Owen's?

No, I work here. With your daughter.

Alicia and Will
went to school together, Mom.

Isn't that lovely? My son always talks
very loudly when he patronizes me.

I saw you two
standing out here laughing,

- and I assumed you knew each other.
- Oh, we go back a long way.

It's best not to joke with her.
She doesn't understand.

Will and I met the last time

- I was here.
- Oh.

- Really?
- Yes.

She still swam the entire race.

- Hi, Mom.
- Hi, Alicia.

What a lovely mother you have,
Alicia.

Thank you.

She was just telling us about
swimming class in third grade.

- You got here early, Mom.
- Yes.

- Thought I'd see where you work.
- And Owen let you talk.

I got here late as well.
Nice work in court.

- Veronica?
- Mm?

Is that him?

Yes. That's Malcolm's son.

Didn't skimp on the lawyer.

Let me do all the talking, okay?

- No, no, no.
- That's not the point I was making.

- Rein in your client, Wyatt.
- My client?

He says that I didn't love Malcolm.
I spent five years with him.

You cheated on him,
you were divorcing him.

- That what you told your father?
- That she was a cheater? Yes.

- And divorcing him?
- Yes.

After that, he wrote up an amendment
leaving everything to you?

You're damn right. He was so angry,
he wrote it right then.

Good. Then, sir, we are suing you

for intentional interference
with expected inheritance.

- Oh, come on.
- You told your father a lie

- to get him to change his will.
- It wasn't a lie.

- She was cheating on him.
- You have photos?

- Okay, that's enough.
- You can't do that.

You can't lie to somebody
to get them to change their will.

We'll be sending over our subpoena.

You are gonna get everything.

- Every cent, Veronica.
Ha-ha-ha.

He told his father
you were cheating on him.

He has no proof.

David, do you have a minute?

My mother cheated on him.

- How do you know that?
- She told my brother.

- Your brother told you?
- Yes.

- Have you told anyone else?
- You.

- Then we'll be fine.
- But she'll be deposed, and she'll lie.

She'll be deposed, and she'll tell
the truth as she remembers it.

She remembers she did not cheat.

My mother remembers things
creatively.

Don't tell anybody else
and we'll be fine.

Oh, no.

I love Warren. How do I know?
If he died, I would die.

And that's why you married him?

Not for any tax or health benefit,
but because you loved him?

Yes. Shakespeare said, "A man
in hue all hues in his controlling."

- Warren is that to me.
- Thank you. Tender the witness.

Well, that was very moving.

You must be very committed
to Warren.

- I am.
- Good.

Sounds like a solid marriage.
What are Free Fridays?

Objection, Your Honor. Relevance?

I'm not sure how to rule on
that, Mr. Breslow. How is this relevant?

Well, Mr. Lamborne
was very convincing

in his Shakespearian portrayal
of a devoted and happy marriage.

I just wanna see
how devoted it really is.

Overruled. You may answer.

- What do you mean, "Free Fridays"?
- You tell me.

You and Warren talked a great deal
about Free Fridays

in one of the wiretaps.

All I wanna know is
what are Free Fridays?

- They are date nights.
- Oh, I see.

So you have dinner with Warren,
go to a show.

Wait, maybe that's not
what you meant.

Who are you dating
on these date nights?

- Mr. Lamborne?
- Other people.

Ah, I see. So Free Fridays are free
because you allow your spouse

and your spouse allows you
to have sex with other men?

Mr. Lamborne, you must answer.

Yes.

And if Warren were to die on one
of these dates, would you die too?

- Objection. Argumentative.
- Withdrawn.

Tender the witness.

Mr. Breslow,
I think you should see this.

Not now.
Nothing further, Your Honor.

No, Mr. Breslow,
you wanna see this now.

We had our investigator
look into the CEO.

Mr. Foster, how long
have you been married?

Twenty years.

How many affairs have you had?

Objection. Relevance.

Mrs. Florrick, would you like
to explain the relevance?

Yes.

Mr. Stabler has questioned
Dale and Warren's marriage

based on their affairs.
We are intending to show equivalence.

Mr. Foster,
please excuse our impertinence.

How many affairs have you had?

Mr. Foster, it is now
an issue of fact. Please answer.

- Five affairs.
- Oh...

Remind him he's under oath.
We have a record of 12.

Okay, enough. Thank you.
I'm ready to rule.

It is true that the courts
have been allowed leeway

to discern whether individual marriages
are legitimate,

but I find the facts here to suggest
nothing more than equivalence.

Some heterosexual marriages
are messy.

Some homosexual marriages
are equally so. That proves nothing.

DOMA is the law of the land.
That is all I can depend on.

For that reason, I must rule
the wiretap is admissible.

- So now what?
- We lost the battle.

We haven't lost the war.

Mom, you cheated. You can't say
you didn't cheat when you did.

I didn't cheat.

You know me. I talked, I flirted.
Malcolm knows I flirt.

His son never liked me.

That's why he filled his head with...
Why is the TV over there?

- Shouldn't it be in that corner?
- I like it over there.

Hm.

- Is this about me being away.
- Is what about you being away?

All this parental talking-to.

- You were away for two years, Mom.
- Malcolm wanted to.

He had the soul of a vagabond.

- I called.
- I know.

I'm sorry.

I love you. You know that, don't you?

You know, you really should read
this Vagina book.

She talks about
the profound connection

between the brain and the vagina.
It really explains a lot.

It sounds great, Mom.

You know, you've gotten a lot more
ironical lately. Do you know that?

Is it about Will?

- What?
- Will.

Your boss, Will?
Is that what this is about?

Oh, my God.

Don't get in a fight.

I had to tell her something.

She thought Will was gay
and he was into me.

- So you told her I slept with him?
- No, no, I would never tell her that.

- I told her you had a crush on him.
- Oh...

She thought we were gay.

So you just say,
"It's none of your business."

- Have you ever tried that with Mom?
- It's not his fault, Alicia. We're family.

We don't hide things
from each other.

Well, that's the thing.

I don't know
if I didn't do anything wrong.

Thank you.

That was your boyfriend,
Mr. Lamborne,

- admitting that he committed fraud?
- Objection.

- Sustained.
- Nothing further, Your Honor.

Tender the witness.

- Mr. Breslow. Any questions?
- Nothing, Your Honor.

Uh, excuse me, Your Honor.
Could you give us a minute?

- Certainly.
- You can't let that stand.

The tap makes it sound like
Dale admitted guilt.

No.
The judge is smart enough to see

he was being a conscientious CFO.

Dale, let us cross-examine.
The judge has to have this underlined.

No, we underline at closing.

Dale, you brought me on
for my experience.

My experience tells me we wait.

Sorry, Diane, Alicia.

- You want him to lose.
- I want him to lose?

- What are we talking about here?
- You want Dale to lose.

You wanna take this DOMA issue
to the Supreme Court,

and you can't do it if he wins.
You can't appeal a win.

- This is my right hand...
- Don't give me that crap.

I'm here to win.

How many times have you argued
before the Supreme Court?

How many times have you gone
toe-to-toe with Justice Scalia?

I don't need to justify my defense
to you.

I am here to win.
I am here to win it all.

Everything.

For all of us.

She has answered all your questions
completely and honestly.

You're saying it was Mr. Lamborne's
idea to commit this fraud?

Yes. A CEO has to rely on his CFO,
and I guess I just couldn't rely on Dale.

I'm sorry that makes you angry, Dale,
but you know it's true.

Thank you. Nothing further.

- Mr. Breslow, anything?
- No, Your Honor,

we'll save our rebuttal
for the closing arguments.

- I have a few questions, Your Honor.
- Ma'am, no.

I have a few questions.

I'm leading the defense,
and I say no questions.

He just lied about you, Dale.

He was your friend
and he lied to your face.

That's why we wait
for the summation.

No, you answer a lie now or it sticks.

Ladies and gentlemen of the defense...

Just a second, Your Honor.

We don't want our defense
to seem unorganized.

He wants you to lose.
To him it's not about you.

It's about the issue.

Where do we stand over there?

This is a mistake.

Mr. Foster, you testified that
the fraud started with Dale, not you?

- Yes, I trusted him.
- Mm-hm. Let me play you this tap.

Well, that's not your fault.

It is my fault. If it's discovered...

Excuse me. Objection.

The court has already excluded this tap
due to spousal shield laws.

Yes, Mrs. Florrick,
I thought my ruling was clear.

It certainly was clear, Your Honor.

When Mr. Foster was a defendant,
the tap could not be played.

But he's no longer a defendant.
He's a witness,

and I am using this tap
for impeachment.

There is no spousal privilege
with impeachment.

That seems to be eminently clear,
Bucky. Doesn't it?

We would preserve our objection
for the record, Your Honor.

Please continue, Mrs. Florrick.

If it's
discovered, the extent of this fraud,

I could find myself facing
a grand jury.

I've been authorized
to offer you four months.

Admission of complicity,
500,000 in restitution.

I think you could all agree
that this is a difficult plea bargain

for the Department of Justice
to make.

You have 10 hours
to give us a yes or no.

Thank you, sir.
We'll give it its due consideration.

Wait until he turns the corner.

- Now.
- Congratulations, Dale.

I thought he was gonna say
four years.

Thank you, Mr. Nemec.

Uh...

- Do I know you?
- No. I, uh, saw you in court.

What you and your husband are doing,
as a gay man, I thank you.

You're welcome.

Mr. Nemec?

Ha-ha-ha-ha.
- That's fantastic.

I still can't believe this is happening.

- Look at me, I'm still shaking.
- Come on, Mr. Breslow, we won.

No, ma'am, we didn't.

I wouldn't take it, Dale.
You're innocent.

But they're coming after me
for 12 years.

And they have the evidence.

Mr. Breslow,
you have an agenda here.

You have a reason to reject this.
Tell him.

Gladly. Come on in.

Your husband has been offered
a four-month sentence

and half-million-dollar fine.
I can't promise better.

In fact, my guess is if Dale doesn't
take this plea, he'll be found guilty.

I take no solace in that. I just think
you've been treated unjustly.

And you have been treated unjustly
for one reason, you are gay men.

Now, with clever maneuvers,
we could limit your sentence.

Alicia and Diane, they're clever.
They can manipulate the law,

and they will succeed
because they're good.

But the law would not change.

And same-sex couples
would still struggle under DOMA.

- You're asking us to lose?
- Yes.

I'm asking you to force the court
to face its hypocrisy.

We wanna take this
to the Supreme Court.

You are two picturesque
upper middle class gay men

who can't be dismissed easily.

You are exactly what we need
to pull Justice Kennedy to our side.

It's not just about you anymore.
It's about the entire gay community.

It's about you two sacrificing
so that we can overturn DOMA.

What do you think?

I don't think you're gonna like
what I think.

- I can't believe it.
- He's a good salesman.

Okay, it's not over yet.

If they're not taking the plea,
we have one option left.

- Winning?
- Yep.

- Owen, hi. What are you doing here?
- I've been subpoenaed.

You...?

- I'll be outside.
- Thanks, Cary.

It's Malcolm's son.
They wanna question me.

You talked to him
about Mom cheating?

He brought up Henry the oilman.
I said I never met him.

They're gonna ask you
what Mom told you,

and she said
she was cheating with Henry?

What do I do?
I mean, if I tell the truth...

- Then Mom's perjured herself.
- Yes, and she loses the inheritance.

She loses everything.

But if you lie,
you're perjuring yourself.

- Well, what is that?
- That's a Class 3 felony.

- Two to five years.
- You're kidding me.

Damn it. I have to get to court.

Whoa.
Um, okay, what would you do?

What would I do? The same thing
as you. You tell the truth.

So you're saying,
Mr. Collegio, that it is a fact

- that Mr. Lamborne is innocent?
- Yes.

- And how do you know this?
- I'm the head IT guy at TaxLaunch.

I mean, the chief departmental
software officer.

And I know that the server went down
during the time in question.

Mr. Lamborne couldn't have seen

or impacted the fraudulent returns
in question.

Thank you, sir.
No further questions, Your Honor.

Just one from me, Your Honor.

Mr. Collegio, in your opinion,
is our client,

- Dale Lamborne, an honest man?
- Oh, yes, definitely.

I've known him for 10 years.
I'd trust him with my life.

- Thank you.
- Just a few questions, Mr. Collegio.

So, Mr. Collegio, you know the client,
Mr. Lamborne, personally?

I do.

Have you ever had
a sexual relationship with him?

Objection.
Beyond the scope.

Your Honor, the defense,
in its questioning of Mr. Collegio

about Mr. Lamborne's honesty,
used him as a character witness.

They opened the door
to my questions about personal bias.

- You are really screwing us.
- Just playing long ball, ma'am.

- Did you hear me?
- Did...? What?

The tap. It had an overhear.

- What's an overhear?
- When the CEO hung up,

after Vance hung up,
there were two clicks on the wiretap.

There were two tap disconnects.
It's not just the feds.

There was somebody else
tapping him.

- You're talking about the two wiretaps?
- Yeah. It's not just the feds.

Somebody else was investigating
the CEO.

Who else would be
investigating Vance?

My guess is state.

We need to subpoena what they have.
They have to give it to you.

- You have an ongoing trial.
- Yeah. Thank you.

Ha-ha-ha. I wouldn't lie to you.

You really haven't read it?

What she says is that our obsession
with the clitoris is unhealthy.

- Mom.
- Because... Oh, hi.

I was just telling Will
about the Vagina book we're reading.

- I'm not reading it.
- No, it sounds interesting.

I'll get you a copy.
You're really not seeing anyone?

- I'm really not seeing anyone.
- Okay, Mom. Right this way.

- Talk to you later.
- Sorry.

I'm getting you that book.

Shall we get started, Mr. Cavanaugh?

Yes, okay.

My client claims
he discussed an affair

between your mother
and another man. Isn't that true?

- No, it's not.
- You liar.

Restrain your client.
He's the one who lied.

He's the one
who got the will amended

so that he could cheat
a poor widow out of her property.

He is the one
who is not telling the truth.

This is a deposition,
this is not your final summation.

- This is our deposition.
- He has no e-mails.

He has no tweets.

- There were two wiretaps, Bucky.
- And that should impress me why?

Your key witness, Vance Foster,
he was being investigated by state

on embezzlement charges.

- Are you involved with this?
- Involved with what?

Keeping things from your co-counsel?

We subpoenaed
a second wiretap from state.

- It gives a clearer picture of Foster.
- He bought a yacht.

He admits it in a call
with his mistress.

The yacht came from a kickback
on the fraudulent tax returns.

- I'll get back to you.
- We're not taking a plea bargain.

On that we agree, Bucky.

Drop these charges,
or we will present them in court.

You'll lose and expose some
embarrassing interagency confusion.

Like I said, I'll get back to you.

- Congratulations.
- Thank you.

You just stuck us with DOMA
for another decade.

Not a bad oven
for such a small kitchen.

- You still grumpy?
- Nope.

- Well, the turkey's almost done.
- I got three whites and two reds.

You think that'll be enough?

Apparently not.
Have you been talking here?

Mom won her probate fight.

- Congratulations.
- Your sister thinks we're liars.

Grace, can you get that?

After the years I put in with Malcolm,
I deserve that money.

I'm fine. I didn't say anything.

You don't have to say anything
with that look of yours.

Mom, it's Grandma. The other one.

- Oh, dear God.
- I didn't know she was coming.

She's coming.

- And Peter too?
- Yep.

- What is this called again, Cristian?
- Saoco.

Saoco. Pfft.

Saoco. It's a Cuban drink.
It just needs ice.

It's perfect for this weather. Heh-heh.

I love these Cuban names.
They're so tropical.

- Happy Thanksgiving. Welcome.
- Have you met Cristian?

- You have a lovely home.
- Thank you.

Oh.

- Let me get some glasses for this...
- Saoco.

Saoco.

Hey, Mom,
they're talking about your case.

I'll be right there.
Mom's in the kitchen.

I'm sure she'd love
to talk to you, Jackie.

- Okay.
- Only one pill and no alcohol.

I promise.

So I looked
at this case, and when I saw it,

all I saw was that you were taking this
to the Supreme Court.

Heh. Not every case is built
for the Supreme Court.

Sometimes you just have to win it,
and that's what I decided here.

We discussed the possibility
of a test case,

but in the final analysis,
Mr. Lamborne's freedom was key.

Hi.

- Hey. Having fun?
- Got anything stronger?

- Yeah, if we raid the evidence locker.
- Don't tempt me.

Hm.

- Oh, no.
- Yep.

- Oh, what's this?
- Oh, Cristian bought that.

- What is it?
- It's from Cuba.

- It's like a Cuban kind of...
- Ay...

I'm so glad you decided to visit.

Zach and Grace were wondering
about their other grandmother.

I heard you nearly died, Jackie.

A stroke. From helping out
with the kids by myself.

Well, at least you got
a young companion out of it.

- How much does he charge?
- Forty dollars an hour.

You should consider it.

You won't have to go begging
for male attention.

Yes, paying for it
seems to run in your family.

Hi, Mom.

- Hi, Veronica.
- Hi, darling.

How are you two doing?

- So how is she doing?
- Much better.

- Good. She seems happy.
- Yes. Very happy.

She's a funny lady.

- What do you mean by that?
- She's funny. She makes me laugh.

Uh-huh.

You've been spending
a lot of time with her, huh?

Yeah. She has extended my hours.

Really? Well, is that necessary?

No.

Uh, no, thanks.

- So he's over here a lot?
- Peter? Sometimes.

And you go over to his place?

Is this because of me?

Of course, Mother.
Everything is because of you.

You know what I mean.
You can't let go.

Even as a little kid, you never could
let go of friends or old schoolbooks.

Even your dad. You never wanted
to let go of his hand.

And now,
there's this person at work. Will.

You want him,
but you won't let yourself have him

because then you'll be like me.

I look at you sometimes, Mom,
and I am just amazed.

I'm happy, Alicia.
I never do anything I don't wanna do.

Are you happy?
Can you say you are?

I can say that I'm living
the life I want.

And I can say there are
a lot bigger things...

No, there aren't.

The older you get, the more you realize
there's only one thing:

Happiness.

She's never gonna divorce you,
you know.

- Hi, Veronica. It's nice to see you too.
- She's a good person.

You're exploiting her.

- Wow. By not divorcing her?
- Yes.

You're leading her on.

Let her go.

- What if I don't wanna let her go?
- Then you're just being selfish.

- Do you need any help?
- Please.

Excuse me, Veronica.

What do you need?

Don't tell me
it's the bathroom window again.

- What are you doing?
- Getting undressed.

Are you serious?

I've never been more serious
in my life.

- The door's unlocked.
- I don't give a...

- Is this about your mother?
- Yes.