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Previously on Picket Fences.
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The man may have killed a 16 -year -old
girl.
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No polygraph.
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And I don't want you even talking to
him.
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We've been looking everywhere for this
girl.
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I didn't do anything.
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In the name of God, she deserves a
Catholic funeral.
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Tell me someplace to go.
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Give me a hand.
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That statement was coerced without
counsel.
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The statement was voluntary.
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Deputy Lacus prevailed on my client's
Christian sympathies.
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Mr. Latham, you are going to trial.
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If the Supreme Court has a problem with
that, they can come and get me.
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We find the defendant guilty as charged.
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This case is going to the Supreme Court.
You and I are going to argue before the
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Supreme Court.
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Come on in.
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Okay, very funny.
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Whose blood sample was this?
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Just give me the results.
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Carter? I don't have to tell you whose
blood it was. I just asked you to do a
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simple test, so please, give me the
results.
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You led me to believe this was your
blood.
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Let's just assume that it is, Jill.
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Give me the results.
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Please?
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Okay.
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Congratulations, you're pregnant.
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I know you're good, Mr. Wambaugh. It
isn't that.
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Brian, there is no way, no lawyer, F.
Lee, Bailey, anybody, there's no way
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anybody could be more prepared than me.
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But you don't believe I'm innocent.
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It really doesn't matter. It does to me.
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See, Mr. Wambaugh, you got it wrong.
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I don't want my lawyer to act like his
life depends on it.
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I want the guy to act like my life
depends on it, because it does.
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I want a lawyer who knows that I didn't
do it.
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When those judges look at my lawyer, I
want them to see it in his eyes that I
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didn't do it.
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Are you that lawyer, Mr. Wambaugh?
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I haven't been, but I will be.
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Go to Washington.
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But don't you dare go for you.
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Go for me.
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Positive.
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That means we're about seven weeks.
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I still can't believe it.
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I mean, I guess I just can't believe it.
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Okay, now, Stacy, your privacy concerns
aside, you have to start making regular
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doctor appointments.
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And it's not too soon for an ultrasound.
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And I'm going to be wanting to do an
amnio when the time comes, too, so...
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not get ahead of ourselves, Carter.
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I like to be thorough.
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Oh, God.
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I'm going to be a father.
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Yeah.
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Wow.
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I want to schedule an immediate checkup.
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Oh.
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I didn't mean to intrude. I...
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I just came to see you, Carter.
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You remember Stacy Halford? Stacy, this
is Jill Brock.
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Hi.
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Well, congratulations, I guess.
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Thank you.
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Are you two together?
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No, we're not.
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But you plan to be parents together.
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I plan to be the parent. Stacy has
agreed to be my surrogate.
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What?
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We did it in vitro.
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It was all scientific. Lots of people do
it today.
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Oh, I know that, yes.
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I guess I'm just surprised.
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There are worse ways I can spend my
time, I guess, than give somebody a
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What's wrong with that?
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Nothing, nothing. And it's certainly
none of my business.
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Why don't we leave it at that, then?
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Okay. Okay.
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Me? I get to go?
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Of course, you're my assistant.
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I'm going to the Supreme Court?
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All those cases we copied, I want them
alphabetized. I need to refer to them
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quickly. Brian Latham's life is in our
hands.
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And don't forget to pack my oxygen tank.
And if you see me start to wheeze, just
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whip it out.
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I've never been so nervous before.
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You're going to be great.
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I've never been so nervous before.
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Did I say this?
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I repeat myself when I get nervous.
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Did I say this?
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It's just another case.
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No, it's not just another case.
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Why would the Supreme Court agree to
hear this so quickly? Something is up.
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What do you mean?
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There are two things on the rise in this
country. Crime and police misconduct.
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Now, the court may have chosen this case
as a test to squash one or the other. I
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just wish I knew which.
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Tomorrow morning.
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We argue Thursday.
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Shouldn't I go with you? It might help
if the father of the victim was in the
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room. No, no, they would view that as
manipulation.
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It's not wise to stunt with the Supreme
Court.
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The highest court in the land.
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They may free the man who murdered my
daughter because they don't like the way
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you caught him.
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Yes, sir.
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No offense, Mr. Littleton, I know you
have talent, but...
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Shouldn't the Attorney General be
handling it at this level?
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Well, he's sending me.
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Please don't lose.
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Carter?
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Stacey, hi.
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Come on in.
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Sit, sit.
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I can't.
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You can't sit?
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I can't.
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But it all seemed to make sense
intellectually.
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Oh, Carter, we've become such good
friends now.
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When you came to me and asked me, I
don't think I've ever been more
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And to give life.
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What would be so wrong?
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What are you saying?
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It feels wrong.
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I'm not comfortable being a surrogate.
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Here's the check.
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I'm returning the money.
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Stacy, Stacy, what are you doing?
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I'm not going to have the baby, Carter.
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I know you're disappointed, but I just
can't go through with it.
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We had an agreement.
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I know.
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I'm sorry.
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Please accept my deepest apologies.
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My brother -in -law's a travel agent. He
always bumps me up.
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You'll have to thank him for it. Why
shouldn't we be up here?
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Hey, miss.
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We're off to the Supreme Court.
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Excuse me.
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Could you speak just a little softer?
I'd like to sleep.
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Of course.
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Miss.
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I'll have his French toast.
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You got profile?
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On the Supreme Court justices, you got
profile?
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It's these little things that make the
difference, the extra effort.
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Oh, well, let me look at them.
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They're mine.
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You scared, John?
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Please.
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Yeah, completely.
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Rehnquist, Scalia, Stevens, we're going
to be standing up there in front of
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them. I shouldn't tell you this, but
Rehnquist... You have to call him Mr.
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Chief Justice.
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I know.
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When Nixon swore him in, he called him
Regberg.
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Can you imagine?
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The man makes it all the way to the
Supreme Court, and on his big day, Nixon
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calls him Regberg.
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Terrible with names, Nixon.
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Try to sleep.
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I have an appointment with Dershowitz at
3 o 'clock.
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Alan Dershowitz.
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He's in Washington. He agreed to tutor
me on what to expect.
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I'm leaving nothing to chance, John. I'm
going to win this case.
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No, you're not.
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Oh, yes, I am. I must.
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Doug, if prepared as you think you are,
you're not.
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I plan to bury you.
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We'll see.
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Yes, we will.
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I don't perform abortions.
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I know. I was hoping you could recommend
a doctor who does.
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A good one.
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So... Well, wouldn't your OBGYN be able
to make that recommendation?
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The truth is, I haven't told her I'm
pregnant.
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I'd sort of prefer not to. I'm a little
humiliated.
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I saw your car parked out front.
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Stacy,
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I'm begging you. Oh, Carter, please. Why
don't you two go in here?
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You
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can't
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abort this child.
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I can't go through with it, Carter.
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I'm sorry for doing this to you. I
should have known before. No, you can't.
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I know surrogacy is right for a lot of
people. It's just wrong for me.
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I have to do this.
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I'll stop you.
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You can't stop me.
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Well, here we are, Wambo and Dershowitz
talking law, discussing strategies,
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constitutional scholars waxing. Mr.
Wambo, please, my time really is
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do have a couple of other cases, so if
we can get right to the point. Well, I'm
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ready on the law, but I need to know
from somebody who's been there, somebody
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who's been in that room.
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I know it's just another courtroom,
except with more judges, right?
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Nothing to be... Mr. Wambaugh, this
courtroom is unlike anything you have
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seen in your life.
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00:14:01,890 --> 00:14:07,729
For starters, you'll be staring down
nine Supreme Court justices spanning the
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entire width of the room.
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That can be a very daunting experience.
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One justice will ask you a question from
here. Then you'll be attacked from
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there, and it will be an attack.
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This is an aggressive court.
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This is a confrontational court. This is
an argumentative court. This is not
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going to be a friendly experience.
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00:14:27,330 --> 00:14:30,100
Franklin Dell, appearing for Carter
Pike, Your Honor.
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Where's Wombo?
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He's off to Washington.
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Your Honor, this is an ex parte motion
seeking a restraining order to enjoin
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Stacey Halford from terminating her
pregnancy.
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What did you just say?
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My client entered into a surrogacy
contract with this woman. She became
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impregnated through in vitro
fertilization, and now she's endeavoring
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00:14:52,920 --> 00:14:56,890
terminate the seven -week pregnancy, and
we are asking the court to intervene.
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00:14:56,900 --> 00:14:59,940
Well, there's an obscure case called Roe
v.
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Wade. It has nothing to do with it, Your
Honor. She may have a right to an
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abortion, but she waived it when she
entered into the surrogacy contract.
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there's no health risk here.
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We're entitled to an enforcement of the
contract.
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Well, if a woman wants to have an
abortion... Her body, her right. Yes, we
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know the slogan, but this woman leased
out her body for $12 ,000. She no longer
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has that privilege.
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And I would submit, what about his
rights?
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He went through in vitro.
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He took drugs to boost his sperm count.
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His child is in that womb.
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What about his rights?
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I can't force a woman to carry a baby to
term. Of course you can, Your Honor.
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00:15:38,611 --> 00:15:42,779
The law already does that. A woman in
third trimester, she seeks an abortion,
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00:15:42,780 --> 00:15:46,700
the court says no. The law mandates that
she carry the baby to term.
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That's a third trimester fetus, which is
viable.
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00:15:50,300 --> 00:15:52,100
This pregnancy is only seven weeks.
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00:15:52,480 --> 00:15:56,519
Yes, Your Honor, but the point is that
the courts can and do force women to
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children in some circumstances.
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It's done.
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00:15:59,400 --> 00:16:03,700
Well, this is another circumstance where
they and you could do it.
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00:16:04,260 --> 00:16:08,060
We're not asking you to take away her
Roe v. Wade right.
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00:16:08,720 --> 00:16:12,799
We maintain she already gave it away.
We're simply asking you to enforce the
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00:16:12,800 --> 00:16:13,850
contract.
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00:16:15,140 --> 00:16:18,450
I want to hear from the woman and her
attorney before I do anything.
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00:16:18,500 --> 00:16:22,079
Well, what if she decides to... I'll
give you a one -day temporary
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00:16:22,080 --> 00:16:24,190
order. We'll have a full hearing
tomorrow.
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Adjourned.
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What the hell could be next?
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Will I get slaughtered?
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00:16:31,140 --> 00:16:34,500
The law's on your side, at least for
now. But Scalia...
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Rehnquist, Thomas, probably even O
'Connor, are looking for any excuse to
252
00:16:39,400 --> 00:16:40,450
rid of Miranda.
253
00:16:40,840 --> 00:16:42,780
This is a perfect case for them.
254
00:16:42,980 --> 00:16:45,280
A drifter kills an innocent teenager.
255
00:16:46,460 --> 00:16:48,420
It would be a very popular decision.
256
00:16:49,140 --> 00:16:51,000
Scalia, you have to be really careful.
257
00:16:51,080 --> 00:16:54,260
He is brilliant, but he can get very
testy.
258
00:16:54,540 --> 00:16:59,679
He's gifted at trapping lawyers, and he
loves to watch a lawyer squirm a little
259
00:16:59,680 --> 00:17:02,120
bit. Well, what about those on my side?
260
00:17:02,580 --> 00:17:04,080
Won't they come to my defense?
261
00:17:04,800 --> 00:17:07,870
Ginsburg, Stevens are probably going to
be your best allies.
262
00:17:07,871 --> 00:17:11,459
But tomorrow, they're not going to help
you one bit. You're all alone.
263
00:17:11,460 --> 00:17:14,760
There's only one person who can fight
off Scalia, and that's you.
264
00:17:19,839 --> 00:17:20,889
You okay?
265
00:17:23,880 --> 00:17:26,940
When I'm nervous, I get winded.
266
00:17:27,800 --> 00:17:32,179
Recently, I was diagnosed with multiple
sclerosis. Maybe I could play it for
267
00:17:32,180 --> 00:17:34,530
sympathy. That would not be a good idea.
268
00:17:35,170 --> 00:17:36,220
Just a thought.
269
00:17:36,970 --> 00:17:38,610
Rehnquist has a bad back.
270
00:17:38,611 --> 00:17:42,029
Sometimes he just gets up in the middle
of argument and walks behind the curtain
271
00:17:42,030 --> 00:17:44,200
just a stretch. Don't let that throw you
off.
272
00:17:44,290 --> 00:17:46,970
Remember, you must always call him Mr.
273
00:17:47,410 --> 00:17:51,650
Chief Justice. Not judge, not your
honor, not justice.
274
00:17:51,890 --> 00:17:53,490
You must call him Mr.
275
00:17:53,830 --> 00:17:54,880
Chief Justice.
276
00:17:56,190 --> 00:17:57,750
Nixon called him wrench bike.
277
00:17:58,330 --> 00:17:59,690
Nixon made mistakes.
278
00:18:00,290 --> 00:18:01,340
Now, Thomas.
279
00:18:01,341 --> 00:18:03,549
Thomas you don't have to worry about
tomorrow.
280
00:18:03,550 --> 00:18:09,229
He never asks a single question. If you
want to win over Thomas, just win over
281
00:18:09,230 --> 00:18:12,090
Scalia. Thomas always follows Scalia.
282
00:18:12,990 --> 00:18:17,990
Ginsburg. She asks sculpted, word
-perfect questions.
283
00:18:18,270 --> 00:18:19,930
But listen carefully.
284
00:18:20,410 --> 00:18:21,460
She's a nitpicker.
285
00:18:22,090 --> 00:18:23,140
One more thing.
286
00:18:24,450 --> 00:18:28,930
Don't lecture them on the law. After
all, they wrote the law.
287
00:18:29,560 --> 00:18:32,020
Where your advantage lies is in the
facts.
288
00:18:32,280 --> 00:18:34,720
You were at the trial. They weren't at
the trial.
289
00:18:34,960 --> 00:18:40,459
Play up the facts. If you can persuade
the justices that you know more about
290
00:18:40,460 --> 00:18:44,939
facts than they do, it's going to help
you on your credibility regarding the
291
00:18:44,940 --> 00:18:45,990
law.
292
00:18:47,540 --> 00:18:50,620
Let me see if I got it right. Let's see
if I got it right.
293
00:18:51,440 --> 00:18:53,680
Watch out for Scalia and Rehnquist.
294
00:18:54,480 --> 00:18:55,980
Play up the facts.
295
00:18:57,130 --> 00:19:00,150
Pay no attention to that man behind the
curtain.
296
00:19:00,610 --> 00:19:03,090
Oh, don't bother with Thomas.
297
00:19:03,730 --> 00:19:06,070
And leave out multiple sclerosis.
298
00:19:06,670 --> 00:19:09,410
Is there anything else?
299
00:19:09,930 --> 00:19:11,610
Yes, Mr. Wombo, one more thing.
300
00:19:11,890 --> 00:19:15,690
I don't want to make you nervous, but
this is a really important case.
301
00:19:16,010 --> 00:19:19,630
Not only for your client, but for the
civil liberties of all Americans.
302
00:19:19,910 --> 00:19:20,990
So the stakes are high.
303
00:19:21,910 --> 00:19:23,410
Constitutional protections.
304
00:19:23,550 --> 00:19:27,849
police procedures, and accordingly the
pressure on you is very great. But
305
00:19:27,850 --> 00:19:28,900
up for it.
306
00:19:29,030 --> 00:19:30,080
One thing.
307
00:19:30,290 --> 00:19:31,340
Tomorrow.
308
00:19:31,670 --> 00:19:32,720
Douglas.
309
00:19:33,310 --> 00:19:34,590
Be yourself.
310
00:19:35,310 --> 00:19:37,730
Don't try to be something you're not.
311
00:19:38,410 --> 00:19:40,290
You're going to do just great.
312
00:19:40,630 --> 00:19:41,680
Zag is in.
313
00:19:46,350 --> 00:19:48,010
We're locking up in 20 minutes.
314
00:19:48,610 --> 00:19:50,130
I won't be here that long.
315
00:20:01,390 --> 00:20:02,770
Give me a second, Kimberly.
316
00:20:16,450 --> 00:20:17,500
John.
317
00:20:18,990 --> 00:20:20,040
Yeah.
318
00:20:20,430 --> 00:20:22,420
Kind of want to get the feel of the
place.
319
00:20:24,210 --> 00:20:25,870
Tomorrow, it all happens.
320
00:20:26,470 --> 00:20:28,350
I hope I don't embarrass myself.
321
00:20:29,350 --> 00:20:30,400
Doug.
322
00:20:30,980 --> 00:20:33,240
You've earned the right to be in this
court.
323
00:20:34,120 --> 00:20:36,620
You made that appeal. You deserve to be
here.
324
00:20:37,260 --> 00:20:38,310
Thank you.
325
00:20:39,300 --> 00:20:40,500
You're going to be great.
326
00:20:41,520 --> 00:20:45,520
Make no mistake, I plan to kick your
ass, but I'll be cheering for you, too.
327
00:20:46,820 --> 00:20:47,880
And me for you.
328
00:20:51,280 --> 00:20:52,330
We are here.
329
00:20:52,980 --> 00:20:54,840
We are actually here.
330
00:21:20,780 --> 00:21:25,479
The Honorable, the Chief Justice and
Associate Justices of the Supreme Court
331
00:21:25,480 --> 00:21:26,530
the United States.
332
00:21:27,860 --> 00:21:29,740
Oyez, oyez, oyez.
333
00:21:30,120 --> 00:21:34,339
All persons having business before the
Honorable Supreme Court of the United
334
00:21:34,340 --> 00:21:38,419
States are admonished to draw near and
give their attention for the court is
335
00:21:38,420 --> 00:21:42,260
sitting. God save the United States and
this Honorable Court.
336
00:22:00,620 --> 00:22:06,080
We will hear arguments in people of
Wisconsin versus Brian Latham.
337
00:22:07,140 --> 00:22:08,700
Mr. Wombau, you may proceed.
338
00:22:19,660 --> 00:22:20,710
Mr.
339
00:22:21,180 --> 00:22:27,120
Chief Justice, may it please the court,
I waited 51 years to get on this stage.
340
00:22:28,020 --> 00:22:29,940
In that case, we'll give you 30 minutes.
341
00:22:32,080 --> 00:22:36,240
I represent Brian Latham on the appeal
of his first -degree murder conviction,
342
00:22:36,500 --> 00:22:42,320
which conviction resulted from a
statement obtained by unconstitutional
343
00:22:42,960 --> 00:22:49,459
In Minnick v. Mississippi, this court
held, when counsel is requested by the
344
00:22:49,460 --> 00:22:56,299
accused, all interrogation must cease,
and police may not reinitiate
345
00:22:56,300 --> 00:22:59,860
any interrogation later after the lawyer
is gone.
346
00:23:00,780 --> 00:23:02,560
And that's what happened here.
347
00:23:03,800 --> 00:23:08,920
After I was gone, Deputy Lacus asked my
client to tell him where the body was.
348
00:23:09,600 --> 00:23:12,900
It was an unconstitutional
interrogation.
349
00:23:12,901 --> 00:23:17,079
Are you saying that after the accused
says he wants his lawyer, the police
350
00:23:17,080 --> 00:23:18,340
even talk to him anymore?
351
00:23:18,400 --> 00:23:22,479
The deputy can't even say, hey, how's
the weather, unless the attorney is
352
00:23:22,480 --> 00:23:27,839
present? What I'm saying, Justice
Scalia, is that he can't reinitiate an
353
00:23:27,840 --> 00:23:28,890
interrogation.
354
00:23:29,480 --> 00:23:33,260
How is the weather is not an
interrogation, except maybe in New
355
00:23:33,740 --> 00:23:35,320
Tell me where the body is.
356
00:23:35,880 --> 00:23:37,220
That's an interrogation.
357
00:23:37,900 --> 00:23:39,480
Suppose I were arrested.
358
00:23:40,180 --> 00:23:41,620
I ask for my lawyer.
359
00:23:42,120 --> 00:23:44,860
Then the police reinitiate an
interrogation.
360
00:23:45,840 --> 00:23:50,840
As a matter of law, I would have no
capacity for a voluntary statement.
361
00:23:52,140 --> 00:23:53,460
Under Minnick, no.
362
00:23:54,090 --> 00:23:58,029
It would be impossible for the Chief
Justice of the Supreme Court to
363
00:23:58,030 --> 00:24:01,400
waive his right to a lawyer if the
police initiated the encounter?
364
00:24:01,910 --> 00:24:03,510
Yes, that's the law.
365
00:24:04,210 --> 00:24:06,470
Well, that seems absurd, Mr. Wambaugh.
366
00:24:07,270 --> 00:24:08,690
Maybe Minnick is bad law.
367
00:24:09,330 --> 00:24:11,590
Oh, it's Supreme Court precedent.
368
00:24:12,170 --> 00:24:14,070
I would submit, Mr. Renshberg.
369
00:24:14,370 --> 00:24:15,790
No, I mean Mr.
370
00:24:16,230 --> 00:24:17,810
Rehnquist. Mr.
371
00:24:18,030 --> 00:24:23,229
Chief Justice, sometimes I mispronounce
names on account of my multiple
372
00:24:23,230 --> 00:24:24,280
sclerosis.
373
00:24:24,901 --> 00:24:31,609
Quiet down, everybody. Quiet. I want it
on the record that I'm making no
374
00:24:31,610 --> 00:24:36,689
backdoor negotiations. It'll be on the
record. I just want to do this in here
375
00:24:36,690 --> 00:24:37,830
protect their privacy.
376
00:24:37,930 --> 00:24:41,609
She has a constitutional right. There is
no such express right in the
377
00:24:41,610 --> 00:24:45,400
Constitution. Which entitles her to an
abortion without his consent. Quiet.
378
00:24:45,480 --> 00:24:47,800
How can you even entertain such emotion?
379
00:24:48,380 --> 00:24:49,860
Because I'm a funny guy.
380
00:24:50,720 --> 00:24:55,219
Fathers can't prevent abortions. The
Supreme Court has said so. The Supreme
381
00:24:55,220 --> 00:25:00,039
Court also says that a constitutional
right can be waived. The Latham case
382
00:25:00,040 --> 00:25:03,579
on this very minute. The issue being
whether the defendant waived his
383
00:25:03,580 --> 00:25:08,659
constitutional right to counsel. If he
waived it, he loses it. The very same
384
00:25:08,660 --> 00:25:09,920
principle is at work here.
385
00:25:10,080 --> 00:25:14,100
She made no such waiver. She promised to
carry that baby to term. So what?
386
00:25:14,101 --> 00:25:16,019
You want specific performance?
387
00:25:16,020 --> 00:25:18,879
Come on, did you go to law school? I'll
choose my own legal remedies.
388
00:25:18,880 --> 00:25:21,050
Thank you very much. Why are you doing
this?
389
00:25:21,260 --> 00:25:22,340
I said quiet.
390
00:25:22,840 --> 00:25:23,890
Why are you?
391
00:25:24,620 --> 00:25:25,670
All right.
392
00:25:25,740 --> 00:25:29,800
First, is there any dispute that it's
his child?
393
00:25:31,200 --> 00:25:32,250
No.
394
00:25:32,380 --> 00:25:36,180
And Carter, are you sure you want to
challenge her on this?
395
00:25:36,860 --> 00:25:37,910
I'm sure.
396
00:25:38,420 --> 00:25:39,640
This is ridiculous.
397
00:25:40,360 --> 00:25:45,000
Lady. It usually takes me a full five
minutes to dislike somebody.
398
00:25:45,440 --> 00:25:46,520
I'm ahead of schedule.
399
00:25:48,280 --> 00:25:50,140
All right, I'm going to review the law.
400
00:25:50,180 --> 00:25:51,840
The law is very clear.
401
00:25:52,080 --> 00:25:56,420
The Constitution provides... The
Constitution is silent on this matter.
402
00:25:57,120 --> 00:26:02,439
The right to an abortion is only as
clear as the nine justices sitting on
403
00:26:02,440 --> 00:26:03,319
Supreme Court.
404
00:26:03,320 --> 00:26:05,430
Do you know who's sitting up there
today?
405
00:26:07,720 --> 00:26:10,130
Didn't you meet with your client, Mr.
Wambaugh?
406
00:26:10,980 --> 00:26:12,030
Yes, I did.
407
00:26:12,080 --> 00:26:15,540
And didn't you apprise him of the risk
of speaking with police?
408
00:26:15,960 --> 00:26:17,010
Of course.
409
00:26:17,180 --> 00:26:20,939
In fact, I suspect, as a good lawyer
would, you gave him a rather explicit
410
00:26:20,940 --> 00:26:24,660
warning, and that you caused your client
to understand his right.
411
00:26:24,661 --> 00:26:28,859
So why shouldn't we find his statement
here to be a voluntary waiver of his
412
00:26:28,860 --> 00:26:29,910
right to counsel?
413
00:26:30,000 --> 00:26:31,520
Because he was coerced.
414
00:26:32,040 --> 00:26:36,859
Deputy Lackus knew my client was a
devout Catholic, and he preyed upon my
415
00:26:36,860 --> 00:26:39,510
client's Christian sympathies to get
information.
416
00:26:40,200 --> 00:26:42,360
Is it your position, Mr.
417
00:26:42,560 --> 00:26:48,559
Wamba, that the incorporation of
religion into a line of questioning
418
00:26:48,560 --> 00:26:54,520
that any response per se as a matter of
law could not be deemed to be voluntary?
419
00:26:55,850 --> 00:27:01,829
Or is it your position that in this
particular encounter, given the
420
00:27:01,830 --> 00:27:07,230
hypersensitivity of the accused, that as
a matter of fact, Mr.
421
00:27:07,470 --> 00:27:11,190
Latham's response could not be regarded
as voluntary?
422
00:27:11,550 --> 00:27:15,130
I would ask you to repeat the question,
but my time would be up.
423
00:27:19,590 --> 00:27:20,710
I'm a character.
424
00:27:21,330 --> 00:27:24,910
I would submit that in this particular
incident.
425
00:27:25,470 --> 00:27:28,250
Mr. Latham's response was not voluntary.
426
00:27:29,590 --> 00:27:35,169
Minnick says, as a matter of law, the
statement is automatically involuntary
427
00:27:35,170 --> 00:27:37,410
when the police reinitiate the
encounter.
428
00:27:38,010 --> 00:27:40,540
Well, how would the police ever get a
confession?
429
00:27:41,230 --> 00:27:43,880
Almost every suspect immediately asks
for a lawyer.
430
00:27:44,470 --> 00:27:48,849
If he's not allowed to change his mind,
if the police aren't even allowed to ask
431
00:27:48,850 --> 00:27:53,070
him if he wants to change his mind, how
are we to obtain valid admissions?
432
00:27:53,880 --> 00:27:56,480
Well, I'm concerned today about the
invalid ones.
433
00:27:57,220 --> 00:28:00,240
Why shouldn't we apply an objective test
for each case?
434
00:28:00,960 --> 00:28:04,700
If the waiver is voluntary, let it in.
If it feels coerced, keep it out.
435
00:28:05,620 --> 00:28:08,120
Why apply this absolute restriction?
436
00:28:08,660 --> 00:28:10,440
Because we need the absolute.
437
00:28:10,940 --> 00:28:16,340
We need a prophylactic that gives 100 %
assurance against coerced confessions.
438
00:28:16,480 --> 00:28:19,280
If you give the police any margin,
they'll abuse it.
439
00:28:19,700 --> 00:28:21,740
That is a pretty sweeping indictment.
440
00:28:22,330 --> 00:28:25,730
Well, Your Honor, I don't mean to
suggest policemen are bad people.
441
00:28:26,310 --> 00:28:29,370
I personally know the arresting officers
in this case.
442
00:28:29,930 --> 00:28:33,690
Officers Maxine Stewart and Kenny
Lockers. People I admire.
443
00:28:34,510 --> 00:28:39,030
But they're caught up in a system and a
society that is gripped with fear.
444
00:28:39,630 --> 00:28:44,830
And when afraid enough, scared people
become willing to suspend civil rights.
445
00:28:45,650 --> 00:28:49,530
It's going on all over this country. It
went on in this trial.
446
00:28:50,110 --> 00:28:53,909
when Judge Bone stood up and said, I
don't give a damn what the Supreme Court
447
00:28:53,910 --> 00:28:56,170
says. The hell with his right to
counsel.
448
00:28:56,390 --> 00:28:57,650
Well, that's what he said.
449
00:28:58,010 --> 00:29:02,469
And he said, if the Supreme Court has a
problem with that, they can come and get
450
00:29:02,470 --> 00:29:03,520
him.
451
00:29:03,630 --> 00:29:08,229
And the people of Rome, enlightened
people, good people, they stood on their
452
00:29:08,230 --> 00:29:11,840
feet and cheered Judge Bone when he
said, to hell with the Constitution.
453
00:29:11,950 --> 00:29:13,000
They cheered.
454
00:29:13,810 --> 00:29:15,870
That's what's going on in America today.
455
00:29:16,150 --> 00:29:17,410
People are afraid.
456
00:29:18,270 --> 00:29:22,030
There's pressure on the police to do
everything to catch the bad guys.
457
00:29:22,250 --> 00:29:27,570
And they are doing everything, including
crossing constitutional barriers.
458
00:29:28,330 --> 00:29:30,770
That's why we need the Supreme Court.
459
00:29:31,530 --> 00:29:36,110
When the police go too far, that's where
you come in.
460
00:29:36,450 --> 00:29:38,430
Well, they went too far in this case.
461
00:29:38,670 --> 00:29:41,530
They denied Brian Latham his
constitutional rights.
462
00:29:42,210 --> 00:29:44,510
So this is where you come in.
463
00:29:55,980 --> 00:29:57,030
Hi. Hi.
464
00:30:04,740 --> 00:30:07,870
I've been thinking about how all of this
is none of my business.
465
00:30:08,700 --> 00:30:10,690
And I know that I should leave you
alone.
466
00:30:12,400 --> 00:30:16,939
But then it occurred to me that maybe
the reason that you're doing this is
467
00:30:16,940 --> 00:30:18,280
because you're so alone.
468
00:30:22,520 --> 00:30:24,500
Surrogacy is an extreme step, Carter.
469
00:30:24,501 --> 00:30:29,839
Going to court to enforce that I'm not
gonna lie to you. I'm worried about you
470
00:30:29,840 --> 00:30:35,819
What it's so crazy that I would like to
have a child That I want to share in the
471
00:30:35,820 --> 00:30:42,479
experience of parenting like Every good
I
472
00:30:42,480 --> 00:30:47,879
Know I could adopt maybe I will someday
but I wanted my own flesh and blood to
473
00:30:47,880 --> 00:30:53,920
you know carry on the pike name I'm 38
Joe
474
00:30:54,600 --> 00:30:57,250
I can cling to the idea that maybe I'll
meet somebody.
475
00:30:57,880 --> 00:30:59,260
Have children together.
476
00:31:00,800 --> 00:31:02,850
But I also have to recognize the
reality.
477
00:31:03,040 --> 00:31:04,090
I'm 38.
478
00:31:05,380 --> 00:31:08,340
And I've never been in a relationship
with anybody. Never.
479
00:31:09,040 --> 00:31:10,140
I didn't know that.
480
00:31:11,660 --> 00:31:14,019
Yeah, well, it's not something I...
481
00:31:14,020 --> 00:31:20,939
Look, I'm not denying how ridiculous
482
00:31:20,940 --> 00:31:22,480
this is, doing what I'm doing.
483
00:31:22,720 --> 00:31:26,439
But... What's that old saying? Behind
every desperate act, you'll find a
484
00:31:26,440 --> 00:31:27,490
desperate man.
485
00:31:28,480 --> 00:31:30,360
You're not a desperate man, Carter.
486
00:31:32,060 --> 00:31:36,540
I have nobody in my life to love, Jill.
What does that make me if not desperate?
487
00:31:41,580 --> 00:31:43,120
This was no interrogation.
488
00:31:43,860 --> 00:31:45,860
Deputy Locos volunteered to leave.
489
00:31:46,640 --> 00:31:50,040
Brian Latham at least implicitly
consented to the conversation.
490
00:31:50,340 --> 00:31:52,450
And that's what this was, a
conversation.
491
00:31:53,420 --> 00:31:57,320
There was no accusation, no attempt to
elicit incriminating evidence.
492
00:31:57,640 --> 00:31:58,880
Simply a question.
493
00:31:59,440 --> 00:32:02,000
Do you know where we might find Susan
Ingram?
494
00:32:03,160 --> 00:32:07,619
To categorize that as an interrogation,
to say it rises to the level of
495
00:32:07,620 --> 00:32:10,000
coercion, is completely contrary to
fact.
496
00:32:10,480 --> 00:32:14,179
You're maintaining that Minnick doesn't
apply because this isn't an
497
00:32:14,180 --> 00:32:16,259
interrogation. That's correct, Your
Honor.
498
00:32:16,260 --> 00:32:20,220
Counsel, he asks the suspect to point
him to the body.
499
00:32:21,040 --> 00:32:22,090
Suspect tells him.
500
00:32:22,091 --> 00:32:26,239
It's a pretty incriminating answer, and
exactly the kind of answer that the
501
00:32:26,240 --> 00:32:27,380
deputy was looking for.
502
00:32:27,640 --> 00:32:31,800
I maintain that Deputy Locco's intent
was not to elicit incriminating
503
00:32:31,940 --> 00:32:36,859
It doesn't matter. If the police ask a
question that can reasonably elicit an
504
00:32:36,860 --> 00:32:39,440
incriminating answer, it's an
interrogation.
505
00:32:39,441 --> 00:32:42,499
You're familiar with Rhode Island versus
Ennis?
506
00:32:42,500 --> 00:32:43,550
Yes, I am.
507
00:32:43,940 --> 00:32:45,740
Then how did you get around Minnick?
508
00:32:46,480 --> 00:32:50,999
The law says that you cannot re
-interrogate after the accused makes a
509
00:32:51,000 --> 00:32:52,050
for counsel.
510
00:32:52,430 --> 00:32:54,810
Which is exactly what Deputy Lacoste
did.
511
00:32:55,790 --> 00:32:57,110
How do you get around that?
512
00:32:58,070 --> 00:33:00,850
Are you suggesting Minnick doesn't
apply?
513
00:33:01,690 --> 00:33:04,290
Or are you advocating that we overturn
Minnick?
514
00:33:07,810 --> 00:33:12,710
I am suggesting to this court that
Minnick be overturned.
515
00:33:13,890 --> 00:33:15,790
This court erred in Minnick v.
516
00:33:16,010 --> 00:33:17,060
Mississippi.
517
00:33:20,790 --> 00:33:21,840
Well.
518
00:33:23,400 --> 00:33:24,480
Isn't that exciting?
519
00:33:24,600 --> 00:33:27,780
Mr. Chief Justice, you yourself flagged
the problem.
520
00:33:28,260 --> 00:33:31,210
It's become impossible for the police to
get a confession.
521
00:33:31,700 --> 00:33:36,039
Now, the point of Miranda and all these
prophylactic protections is to guard
522
00:33:36,040 --> 00:33:38,140
against compulsory self -incrimination.
523
00:33:38,960 --> 00:33:41,460
We want defendants to know their legal
rights.
524
00:33:41,900 --> 00:33:45,160
We want their statements to be
intentional and voluntary.
525
00:33:46,840 --> 00:33:50,340
Minnick has distorted this protection to
a ridiculous extreme.
526
00:33:51,060 --> 00:33:56,269
It establishes... A systematic formula
that can result in a complete travesty,
527
00:33:56,270 --> 00:33:58,730
not only of justice, but of common
sense.
528
00:33:59,970 --> 00:34:05,049
To hold as a matter of law a suspect
can't change his mind about having
529
00:34:05,050 --> 00:34:06,100
in the room?
530
00:34:06,270 --> 00:34:11,149
To say he automatically lacks capacity
to make voluntary statements? Nothing in
531
00:34:11,150 --> 00:34:13,620
the Constitution supports this type of
premise.
532
00:34:13,730 --> 00:34:19,129
Nothing. These are court -articulated
protections that have expanded into
533
00:34:19,130 --> 00:34:20,650
constitutional fairyland.
534
00:34:21,290 --> 00:34:25,488
If you want to stretch a ruling on
Minnick to its most illogical extreme,
535
00:34:25,489 --> 00:34:27,510
need look no further than this case.
536
00:34:28,650 --> 00:34:33,130
Brian Latham was a sane, competent man
who knew his legal rights.
537
00:34:33,750 --> 00:34:35,210
He had been given Miranda.
538
00:34:36,130 --> 00:34:38,070
He had been warned by his lawyer.
539
00:34:39,429 --> 00:34:43,750
Take a look at those trial transcripts.
This man's testimony was precise.
540
00:34:44,210 --> 00:34:46,630
He clearly knew what words to choose.
541
00:34:47,670 --> 00:34:49,810
His statement to Kenny Locco...
542
00:34:50,010 --> 00:34:53,750
was knowing, intentional, and voluntary.
543
00:34:54,150 --> 00:34:59,209
And we are applying an automatic formula
to redefine it as involuntary and throw
544
00:34:59,210 --> 00:35:00,260
it out.
545
00:35:00,890 --> 00:35:04,560
Well, if the Minnick test results in
such an atrocious rape of the simple
546
00:35:04,690 --> 00:35:06,310
then Minnick should be reversed.
547
00:35:07,670 --> 00:35:10,570
Suppose the suspect is not so savvy as
Mr. Latham.
548
00:35:11,050 --> 00:35:12,710
Maybe he's more easily tricked.
549
00:35:13,790 --> 00:35:16,920
How do we prevent the police from
exploiting that situation?
550
00:35:17,990 --> 00:35:20,790
Maybe the best way is simply to draw an
absolute.
551
00:35:21,370 --> 00:35:24,070
If he asks for a lawyer, stay away.
552
00:35:25,170 --> 00:35:26,330
That's simple counsel.
553
00:35:27,610 --> 00:35:30,990
Why can't the police just stay away
until the lawyer gets there?
554
00:35:32,970 --> 00:35:37,809
We can err too much on trusting the
police, I guess, or on trusting them too
555
00:35:37,810 --> 00:35:38,860
little.
556
00:35:39,570 --> 00:35:45,010
Which error, in your opinion, would be
more consistent with our Constitution?
557
00:35:50,990 --> 00:35:53,160
I don't think you need to make either
error.
558
00:35:53,690 --> 00:35:58,729
I think your ruling should trust law and
order and trust that the underlying
559
00:35:58,730 --> 00:36:01,710
intent of the Constitution is to ensure
a free nation.
560
00:36:02,670 --> 00:36:04,490
Crime is making us all less free.
561
00:36:05,490 --> 00:36:09,549
Now, the Constitution is certainly there
to protect the guilty as well as the
562
00:36:09,550 --> 00:36:11,050
innocent. I don't dispute that.
563
00:36:11,150 --> 00:36:15,430
But the objective of the Constitution is
not to set the guilty free.
564
00:36:17,330 --> 00:36:19,710
The people of this country need to know
that.
565
00:36:20,940 --> 00:36:23,300
They need to hear that from this court
today.
566
00:36:53,070 --> 00:36:56,500
Please step back, sir. I won't let you
back. Take your hands off me. Hey!
567
00:36:57,230 --> 00:36:58,280
What's your name?
568
00:36:58,730 --> 00:37:00,010
My name is Michael Duffy.
569
00:37:02,950 --> 00:37:04,430
Never hit me, Mr. Duffy.
570
00:37:07,970 --> 00:37:14,569
She contracted away her right to an
abortion. She gave it away when she
571
00:37:14,570 --> 00:37:17,659
into the surrogacy agreement. Your
Honor, that is completely without merit.
572
00:37:17,660 --> 00:37:22,299
Husbands have tried to sue mothers for
emotional distress after abortion, but
573
00:37:22,300 --> 00:37:25,679
the courts threw out those cases. Why?
Because there is no precedent. Those
574
00:37:25,680 --> 00:37:27,439
lower court decisions never ruled on at
the appellate level. Excuse me, I would
575
00:37:27,440 --> 00:37:30,450
like to finish my office. Will you let
me finish? I'll finish.
576
00:37:34,000 --> 00:37:35,080
Excuse me, Your Honor.
577
00:37:37,720 --> 00:37:38,770
Could I be heard?
578
00:37:39,380 --> 00:37:40,680
It would be refreshing.
579
00:37:41,840 --> 00:37:43,820
Let's have the lawyers take their seats.
580
00:37:49,791 --> 00:37:56,999
I'm not going to get into the abortion
debate, whether the fetus is a life or
581
00:37:57,000 --> 00:37:59,650
not. I know that it's a legal question
for the lawyers.
582
00:38:00,660 --> 00:38:07,259
I also know that it's a woman's personal
choice as to whether she considers it a
583
00:38:07,260 --> 00:38:08,310
life or not.
584
00:38:12,540 --> 00:38:19,539
I would just like to say that the
father, it's my personal belief that
585
00:38:19,540 --> 00:38:21,400
it is a life, that it's my child.
586
00:38:22,350 --> 00:38:25,510
And that is why I feel I must try to
save it.
587
00:38:27,970 --> 00:38:34,850
I also know, according to the Supreme
Court,
588
00:38:34,890 --> 00:38:38,470
I, as the father, have no rights here.
589
00:38:39,110 --> 00:38:40,370
Legally, I'm irrelevant.
590
00:38:40,910 --> 00:38:42,170
And I think that's wrong.
591
00:38:44,150 --> 00:38:48,489
Without completely vitiating pro
-choice, we should find some way to give
592
00:38:48,490 --> 00:38:50,330
father some rights. After all, it's...
593
00:38:50,990 --> 00:38:52,040
My child.
594
00:38:54,130 --> 00:38:58,030
Before the Supreme Court can address
this question, the case has to get
595
00:38:58,110 --> 00:39:02,529
And in order for that to happen, we need
some brave trial court judge who's
596
00:39:02,530 --> 00:39:07,130
willing to make a ruling that putative
fathers do count in this decision.
597
00:39:08,610 --> 00:39:13,589
I've listened to your rulings for years,
and I don't know any judge who has more
598
00:39:13,590 --> 00:39:14,640
courage than you.
599
00:39:20,220 --> 00:39:27,219
I guess I'm asking for me and my
600
00:39:27,220 --> 00:39:28,270
child.
601
00:39:30,740 --> 00:39:33,620
I'm asking you to be the most brave
you've ever been.
602
00:39:59,850 --> 00:40:00,900
I need five minutes.
603
00:40:20,150 --> 00:40:21,870
Spent too much time on minutes.
604
00:40:22,650 --> 00:40:25,360
Should have gone more to Brewer, played
up the course.
605
00:40:25,650 --> 00:40:26,750
You got him, Brewer.
606
00:40:27,550 --> 00:40:28,890
How soon before they rule?
607
00:40:29,520 --> 00:40:32,230
There's no telling. Could be quick,
could take months.
608
00:40:34,880 --> 00:40:36,700
I can't believe I said it.
609
00:40:37,120 --> 00:40:38,170
Rentschberg.
610
00:40:39,880 --> 00:40:41,760
Mr. Wombat, you were fantastic.
611
00:40:43,340 --> 00:40:44,390
I was?
612
00:40:45,240 --> 00:40:49,020
You stood up in the Supreme Court and
were equal to nine judges.
613
00:40:50,360 --> 00:40:52,200
I couldn't believe how good you were.
614
00:40:54,100 --> 00:40:56,260
I wish Miriam could have seen it.
615
00:40:58,830 --> 00:41:00,690
I wish Brian Latham could have seen it.
616
00:41:03,490 --> 00:41:04,540
I saw it.
617
00:41:05,810 --> 00:41:07,270
I was very proud of you.
618
00:41:08,430 --> 00:41:12,290
Watching you fight the way you did, you
made all lawyers proud.
619
00:41:16,450 --> 00:41:17,530
Thank you, Kimberly.
620
00:41:22,870 --> 00:41:24,010
And you did, too.
621
00:41:25,250 --> 00:41:26,300
Very much.
622
00:41:35,150 --> 00:41:36,200
Be seated.
623
00:41:48,890 --> 00:41:55,550
On pregnancy matters, Roe versus Wade
gives all the rights to the mother.
624
00:41:56,150 --> 00:41:59,010
The father has none before viability.
625
00:41:59,890 --> 00:42:03,770
The waiver argument was a novel one, Mr.
Dell, but...
626
00:42:04,190 --> 00:42:09,670
to enforce the contract claim to prevent
a woman from terminating the pregnancy,
627
00:42:09,930 --> 00:42:12,950
that would be against public policy.
628
00:42:13,790 --> 00:42:20,089
The only way for me to grant Carter
Pike's request would be to flat -out
629
00:42:20,090 --> 00:42:22,630
the Supreme Court, which I've done.
630
00:42:23,150 --> 00:42:27,470
One thing about being old, it can make
you brave.
631
00:42:29,130 --> 00:42:30,950
But I'm not that brave, Carter.
632
00:42:33,230 --> 00:42:40,049
This case involves a baby, two parents,
and a controversy
633
00:42:40,050 --> 00:42:42,970
that no judge can ever truly solve.
634
00:42:43,690 --> 00:42:47,910
The issue of abortion is a deeply
personal one.
635
00:42:48,910 --> 00:42:54,570
I am neither wise nor brave enough to be
Solomon.
636
00:42:57,830 --> 00:42:59,630
Plaintiff's petition denied.
637
00:43:01,670 --> 00:43:04,430
Miss Halford is free to terminate the
pregnancy.
638
00:43:08,470 --> 00:43:09,520
Adjourned.
639
00:43:14,221 --> 00:43:15,829
They
640
00:43:15,830 --> 00:43:22,789
came at
641
00:43:22,790 --> 00:43:24,390
me, especially Scalia.
642
00:43:24,730 --> 00:43:27,930
But I fought them, Brian. I fought them
with all I had.
643
00:43:28,430 --> 00:43:29,480
When will they rule?
644
00:43:29,481 --> 00:43:33,299
Well, there's no telling, but it would
be nice if those Reagan appointees could
645
00:43:33,300 --> 00:43:34,350
retire first.
646
00:43:34,800 --> 00:43:37,180
But the law is still on our side.
647
00:43:37,960 --> 00:43:39,040
Minnick is the key.
648
00:43:39,620 --> 00:43:42,870
Now, I ordered a transcript, so you'll
be able to read every word.
649
00:43:43,660 --> 00:43:46,140
Douglas Wambo in the Supreme Court.
650
00:43:47,440 --> 00:43:48,740
I had a moment.
651
00:43:51,280 --> 00:43:53,020
Kimberly, what are you doing here?
652
00:43:53,500 --> 00:43:54,550
This came in.
653
00:44:04,780 --> 00:44:06,160
How could they rule so fast?
654
00:44:09,600 --> 00:44:10,650
What?
655
00:44:16,320 --> 00:44:17,620
They reversed Minnick.
656
00:44:18,080 --> 00:44:19,620
Our appeal was denied.
657
00:44:25,060 --> 00:44:26,140
What does it mean?
658
00:44:28,380 --> 00:44:29,430
What does it mean?
659
00:44:31,860 --> 00:44:32,910
It's over.
660
00:44:32,960 --> 00:44:34,010
We've lost.
661
00:44:35,950 --> 00:44:37,310
You said the law was with us.
662
00:44:38,050 --> 00:44:39,590
You said they'd follow the law.
663
00:44:41,210 --> 00:44:42,750
I don't know what to say.
664
00:44:44,510 --> 00:44:45,890
But the law just changed.
665
00:44:45,940 --> 00:44:50,490
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