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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. 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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Carter, 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.
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No lawyer, F. Lee, Bailey, anybody.
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There's no way that 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.
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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 just came to
see you, Carter.
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You remember Stacy Halford?
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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. It was all
scientific. Lots of people do it today.
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Oh, I know that, yes. 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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When do you leave?
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Tomorrow morning.
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We argued 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 shouldn't the Attorney
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General be handling it at this level?
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Are they sending me?
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Please don't lose.
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Carter?
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Stacy, hi. Come on in.
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Sit, sit.
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I can't.
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You can't fit?
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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, 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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except 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.
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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. Could you speak just a little
softer? I'd like to sleep. Of course.
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Miss, I'll have his French toast.
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You got profiles?
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The Supreme Court just says you got
profiles?
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It's these little things that make the
difference. The extra effort.
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Oh, 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. 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. 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
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don't
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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...
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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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All right.
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I saw your car parked out front.
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Stacy, 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, Well, here we are, Wambo and
Dershowitz talking law, discussing
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strategies, constitutional scholars
waxing. Mr. Wambo, please, my time
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limited. I do have a couple of other
cases, so if we can get right to the
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Well, I'm ready on the law, but I need
to know from somebody who's been there,
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somebody 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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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. This is a
confrontational court. This is an
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argumentative court.
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This is not going to be a friendly
experience.
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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
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terminate the seven -week pregnancy, and
we are asking the court to intervene.
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Mm -hmm.
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Well, there's an obscure case called Roe
v.
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Wade. 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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00:14:28,690 --> 00:14:32,950
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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The law already does that. A woman in
third trimester, she seeks an abortion,
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00:14:58,170 --> 00:15:01,910
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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00:15:05,210 --> 00:15:07,070
This pregnancy is only seven weeks.
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00:15:07,600 --> 00:15:11,340
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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Well, this is another circumstance where
they and you could do it.
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00:15:18,760 --> 00:15:22,420
We're not asking you to take away her
Roe v. Wade right.
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00:15:22,820 --> 00:15:26,960
We maintain she already gave it away.
We're simply asking you to enforce the
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contract.
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I want to hear from the woman and her
attorney before I do anything.
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00:15:32,560 --> 00:15:35,820
Well, what if she decides to... I'll
give you a one -day temporary
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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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00:15:44,500 --> 00:15:49,280
The law's on your side, at least for
now. But Scalia, Rehnquist, Thomas,
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probably even O 'Connor, are looking for
any excuse to get rid of Miranda.
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This is a perfect case for them. A
drifter killed an innocent teenager.
250
00:15:59,260 --> 00:16:01,120
It would be a very popular decision.
251
00:16:01,790 --> 00:16:03,310
Scalia, you have to be really careful.
252
00:16:03,570 --> 00:16:06,750
He is brilliant, but he can get very
testy.
253
00:16:06,950 --> 00:16:11,910
He's gifted at trapping lawyers, and he
loves to watch a lawyer squirm a little
254
00:16:11,910 --> 00:16:14,250
bit. Well, what about those on my side?
255
00:16:14,710 --> 00:16:16,030
Won't they come to my defense?
256
00:16:16,770 --> 00:16:20,790
Ginsburg, Stevens are probably going to
be your best allies, but tomorrow
257
00:16:20,790 --> 00:16:22,950
they're not going to help you one bit.
You're all alone.
258
00:16:23,190 --> 00:16:26,370
There's only one person who can fight
off Scalia, and that's you.
259
00:16:31,340 --> 00:16:32,340
You okay?
260
00:16:35,180 --> 00:16:38,080
When I'm nervous, I get winded.
261
00:16:38,860 --> 00:16:43,060
Recently, I was diagnosed with multiple
sclerosis. Maybe I could play it for
262
00:16:43,060 --> 00:16:45,320
sympathy. That would not be a good idea.
263
00:16:45,960 --> 00:16:46,960
Just a thought.
264
00:16:47,680 --> 00:16:49,240
Renquist has a bad back.
265
00:16:49,500 --> 00:16:52,520
Sometimes he just gets up in the middle
of argument and walks behind the curtain
266
00:16:52,520 --> 00:16:54,220
just a stretch. Don't let that throw you
off.
267
00:16:54,560 --> 00:16:57,260
Remember, you must always call him Mr.
268
00:16:57,920 --> 00:17:01,760
Chief Justice, not judge, not your
honor, not justice.
269
00:17:02,000 --> 00:17:03,500
You must call him Mr.
270
00:17:03,800 --> 00:17:04,800
Chief Justice.
271
00:17:05,920 --> 00:17:07,540
Nixon called him wrenchbag.
272
00:17:07,960 --> 00:17:09,460
Nixon made mistakes.
273
00:17:09,859 --> 00:17:10,920
Now, Thomas.
274
00:17:11,140 --> 00:17:15,960
Thomas, you don't have to worry about
tomorrow. He never asks a single
275
00:17:16,060 --> 00:17:18,900
If you want to win over Thomas, just win
over Scalia.
276
00:17:19,280 --> 00:17:21,339
Thomas always follows Scalia.
277
00:17:22,180 --> 00:17:27,020
Ginsburg. She asks sculpted, word
-perfect questions.
278
00:17:27,680 --> 00:17:28,920
But listen carefully.
279
00:17:29,460 --> 00:17:30,460
She's a nitpicker.
280
00:17:31,040 --> 00:17:32,040
One more thing.
281
00:17:33,340 --> 00:17:35,280
Don't lecture them on the law.
282
00:17:35,500 --> 00:17:37,520
After all, they wrote the law.
283
00:17:37,980 --> 00:17:40,460
Where your advantage lies is in the
facts.
284
00:17:40,700 --> 00:17:43,060
You were at the trial. They weren't at
the trial.
285
00:17:43,260 --> 00:17:48,560
Play up the facts. If you can persuade
the justices that you know more about
286
00:17:48,560 --> 00:17:52,880
facts than they do, it's going to help
you on your credibility regarding the
287
00:17:52,880 --> 00:17:53,880
law.
288
00:17:55,980 --> 00:17:58,360
Let me see if I got it right. Let's see
if I got it right.
289
00:17:59,100 --> 00:18:01,240
Watch out for Scalia and Rehnquist.
290
00:18:02,040 --> 00:18:03,480
Play up the facts.
291
00:18:04,460 --> 00:18:07,440
Pay no attention to that man behind the
curtain.
292
00:18:08,400 --> 00:18:10,240
Oh, don't bother with Thomas.
293
00:18:10,980 --> 00:18:13,120
And leave out multiple sclerosis.
294
00:18:13,800 --> 00:18:16,320
Is there anything else?
295
00:18:16,920 --> 00:18:18,460
Yes, Mr. Wombo, one more thing.
296
00:18:18,660 --> 00:18:22,360
I don't want to make you nervous, but
this is a really important case.
297
00:18:22,740 --> 00:18:24,160
Not only for your client.
298
00:18:24,510 --> 00:18:26,170
but for the civil liberties of all
Americans.
299
00:18:26,410 --> 00:18:27,410
So the stakes are high.
300
00:18:28,350 --> 00:18:32,610
Constitutional protection, police
procedures, and accordingly the pressure
301
00:18:32,610 --> 00:18:34,710
you is very great. But you're up for it.
302
00:18:35,150 --> 00:18:36,150
One thing.
303
00:18:36,370 --> 00:18:37,370
Tomorrow.
304
00:18:37,690 --> 00:18:38,690
Douglas.
305
00:18:39,270 --> 00:18:40,410
Be yourself.
306
00:18:41,190 --> 00:18:43,470
Don't try to be something you're not.
307
00:18:44,170 --> 00:18:45,890
You're going to do just great.
308
00:18:46,290 --> 00:18:47,290
Zag is in.
309
00:18:51,470 --> 00:18:53,070
We're locking up in 20 minutes.
310
00:18:53,740 --> 00:18:55,100
I won't be here that long.
311
00:19:05,500 --> 00:19:07,200
Give me a second, Kimberly.
312
00:19:24,520 --> 00:19:25,860
Kind of want to get the feel of the
place.
313
00:19:27,940 --> 00:19:29,380
Tomorrow, it all happens.
314
00:19:30,100 --> 00:19:31,820
I hope I don't embarrass myself.
315
00:19:32,860 --> 00:19:36,440
Doug, you've earned the right to be in
this court.
316
00:19:37,340 --> 00:19:39,700
You made that appeal. You deserve to be
here.
317
00:19:40,360 --> 00:19:41,360
Thank you.
318
00:19:42,300 --> 00:19:43,300
You're going to be great.
319
00:19:44,420 --> 00:19:48,220
Make no mistake, I plan to kick your
ass, but I'll be cheering for you, too.
320
00:19:49,500 --> 00:19:50,500
And me for you.
321
00:19:53,830 --> 00:19:54,830
We are here.
322
00:19:54,870 --> 00:19:57,150
We are actually here.
323
00:20:21,960 --> 00:20:26,540
The Honorable, the Chief Justice and
Associate Justices of the Supreme Court
324
00:20:26,540 --> 00:20:27,540
the United States.
325
00:20:28,800 --> 00:20:30,640
Oyez, oyez, oyez.
326
00:20:30,960 --> 00:20:35,060
All persons having business before the
Honorable Supreme Court of the United
327
00:20:35,060 --> 00:20:38,960
States are admonished to draw near and
give their attention for the court is
328
00:20:38,960 --> 00:20:42,640
sitting. God save the United States and
this Honorable Court.
329
00:20:58,320 --> 00:21:03,780
We will hear arguments in People of
Wisconsin versus Brian Latham.
330
00:21:04,800 --> 00:21:06,280
Mr. Bombau, you may proceed.
331
00:21:16,780 --> 00:21:17,780
Mr.
332
00:21:18,260 --> 00:21:23,960
Chief Justice, may it please the court,
I waited 51 years to get on this stage.
333
00:21:24,840 --> 00:21:26,460
In that case, we'll give you 30 minutes.
334
00:21:28,590 --> 00:21:32,710
I represent Brian Latham on the appeal
of his first -degree murder conviction,
335
00:21:32,990 --> 00:21:38,530
which conviction resulted from a
statement obtained by unconstitutional
336
00:21:39,170 --> 00:21:40,270
In Minnick v.
337
00:21:40,490 --> 00:21:46,650
Mississippi, this court held, when
counsel is requested by the accused, all
338
00:21:46,650 --> 00:21:53,290
interrogation must cease, and police may
not reinitiate any interrogation later
339
00:21:53,290 --> 00:21:55,350
after the lawyer is gone.
340
00:21:56,200 --> 00:21:57,940
And that's what happened here.
341
00:21:59,140 --> 00:22:04,040
After I was gone, Deputy Lacus asked my
client to tell him where the body was.
342
00:22:04,700 --> 00:22:07,860
It was an unconstitutional
interrogation.
343
00:22:08,260 --> 00:22:11,880
Are you saying that after the accused
says he wants his lawyer, the police
344
00:22:11,880 --> 00:22:12,880
even talk to him anymore?
345
00:22:13,140 --> 00:22:17,060
The deputy can't even say, hey, how's
the weather, unless the attorney is
346
00:22:17,060 --> 00:22:22,200
present? What I'm saying, Justice
Scalia, is that he can't reinitiate an
347
00:22:22,200 --> 00:22:25,840
interrogation. How is the weather is not
an interrogation.
348
00:22:26,200 --> 00:22:27,380
Except maybe in New England.
349
00:22:27,840 --> 00:22:29,360
Tell me where the body is.
350
00:22:29,820 --> 00:22:31,180
That's an interrogation.
351
00:22:31,820 --> 00:22:33,300
Suppose I were arrested.
352
00:22:34,020 --> 00:22:35,380
I ask for my lawyer.
353
00:22:35,900 --> 00:22:38,460
Then the police reinitiate an
interrogation.
354
00:22:39,460 --> 00:22:44,260
As a matter of law, I would have no
capacity for a voluntary statement.
355
00:22:45,520 --> 00:22:46,780
Under Minnick, no.
356
00:22:47,220 --> 00:22:51,140
It would be impossible for the Chief
Justice of the Supreme Court to
357
00:22:51,140 --> 00:22:54,020
waive his right to a lawyer if the
police initiated the encounter.
358
00:22:55,100 --> 00:22:56,420
Yes, that's the law.
359
00:22:57,040 --> 00:22:59,300
Well, that seems absurd, Mr. Wambaugh.
360
00:23:00,020 --> 00:23:01,360
Maybe Minnick is bad law.
361
00:23:01,960 --> 00:23:04,180
Oh, it's Supreme Court precedent.
362
00:23:04,680 --> 00:23:06,520
I would submit, Mr. Renshberg.
363
00:23:06,820 --> 00:23:08,060
No, I mean Mr.
364
00:23:08,560 --> 00:23:10,040
Rehnquist. Mr.
365
00:23:10,340 --> 00:23:11,340
Chief Justice.
366
00:23:11,760 --> 00:23:16,140
Sometimes I mispronounce names on
account of my multiple sclerosis.
367
00:23:20,300 --> 00:23:22,220
Quiet down, everybody. I want it on the
record.
368
00:23:22,570 --> 00:23:24,710
That I'm making no backdoor
negotiations.
369
00:23:25,110 --> 00:23:29,150
It'll be on the record. I just want to
do this in here to protect their
370
00:23:29,510 --> 00:23:32,930
She has a constitutional right. There is
no such express right in the
371
00:23:32,930 --> 00:23:35,950
Constitution. Which entitles her to an
abortion without his consent. Quiet.
372
00:23:36,590 --> 00:23:38,910
How can you even entertain such a
motion?
373
00:23:39,490 --> 00:23:40,850
Because I'm a funny guy.
374
00:23:41,720 --> 00:23:45,980
Fathers can't prevent abortions. The
Supreme Court has said so. The Supreme
375
00:23:45,980 --> 00:23:50,620
Court also says that a constitutional
right can be waived. The Latham case
376
00:23:50,620 --> 00:23:54,000
on this very minute. The issue being
whether the defendant waived his
377
00:23:54,000 --> 00:23:58,880
constitutional right to counsel. If he
waived it, he loses it. The very same
378
00:23:58,880 --> 00:23:59,960
principle is at work here.
379
00:24:00,220 --> 00:24:04,100
She made no such waiver. She promised to
carry that baby to term. So what?
380
00:24:04,340 --> 00:24:05,620
You want specific performance?
381
00:24:05,920 --> 00:24:08,900
Come on, did you go to law school? I'll
choose my own legal remedies. Thank you
382
00:24:08,900 --> 00:24:09,399
very much.
383
00:24:09,400 --> 00:24:10,740
Why are you doing this?
384
00:24:11,120 --> 00:24:12,120
I said quiet.
385
00:24:12,420 --> 00:24:13,420
Why are you?
386
00:24:14,100 --> 00:24:15,100
All right.
387
00:24:15,160 --> 00:24:19,160
First, is there any dispute that it's
his child?
388
00:24:20,420 --> 00:24:25,280
No. And Carter, are you sure you want to
challenge her on this?
389
00:24:25,820 --> 00:24:26,820
I'm sure.
390
00:24:27,300 --> 00:24:28,600
This is ridiculous.
391
00:24:29,160 --> 00:24:33,740
Lady, it usually takes me a full five
minutes to dislike somebody.
392
00:24:34,040 --> 00:24:35,180
I'm ahead of schedule.
393
00:24:36,780 --> 00:24:38,500
All right, I'm going to review the law.
394
00:24:38,700 --> 00:24:40,300
The law is very clear.
395
00:24:40,780 --> 00:24:44,700
The Constitution provides... The
Constitution is silent on this matter.
396
00:24:45,340 --> 00:24:50,460
The right to an abortion is only as
clear as the nine justices sitting on
397
00:24:50,460 --> 00:24:51,299
Supreme Court.
398
00:24:51,300 --> 00:24:52,880
Do you know who's sitting up there
today?
399
00:24:55,520 --> 00:24:57,800
Didn't you meet with your client, Mr.
Wambaugh?
400
00:24:58,680 --> 00:24:59,680
Yes, I did.
401
00:24:59,760 --> 00:25:03,060
And didn't you apprise him of the risks
of speaking with police?
402
00:25:03,520 --> 00:25:04,520
Of course.
403
00:25:04,620 --> 00:25:08,220
In fact, I suspect, as a good lawyer
would, you gave him a rather explicit
404
00:25:08,220 --> 00:25:11,830
warning. and that you caused your client
to understand his rights.
405
00:25:12,710 --> 00:25:15,770
So why shouldn't we find his statement
here to be a voluntary waiver of his
406
00:25:15,770 --> 00:25:16,770
right to counsel?
407
00:25:16,850 --> 00:25:18,030
Because he was Corey.
408
00:25:18,790 --> 00:25:23,470
Deputy Lackus knew my client was a
devout Catholic, and he preyed upon my
409
00:25:23,470 --> 00:25:25,570
client's Christian sympathies to get
information.
410
00:25:26,570 --> 00:25:32,970
Is it your position, Mr. Wamba, That the
incorporation of religion into a line
411
00:25:32,970 --> 00:25:39,110
of questioning would mean that any
response per se as a matter of law could
412
00:25:39,110 --> 00:25:40,490
be deemed to be voluntary?
413
00:25:41,490 --> 00:25:47,410
Or is it your position that in this
particular encounter, given the
414
00:25:47,410 --> 00:25:52,590
hypersensitivity of the accused, that as
a matter of fact, Mr.
415
00:25:52,790 --> 00:25:56,270
Latham's response could not be regarded
as voluntary?
416
00:25:57,210 --> 00:26:00,190
I would ask you to repeat the question,
but my time would be up.
417
00:26:04,570 --> 00:26:05,570
I'm a character.
418
00:26:06,250 --> 00:26:12,130
I would submit that in this particular
incident, Mr. Latham's response was not
419
00:26:12,130 --> 00:26:13,130
voluntary.
420
00:26:14,010 --> 00:26:19,390
Minnick said, as a matter of law, the
statement is automatically involuntary
421
00:26:19,390 --> 00:26:21,530
when the police reinitiate the
encounter.
422
00:26:22,090 --> 00:26:24,190
Well, how would the police ever get a
confession?
423
00:26:25,240 --> 00:26:27,700
Almost every suspect immediately asks
for a lawyer.
424
00:26:28,320 --> 00:26:32,500
If he's not allowed to change his mind,
if the police aren't even allowed to ask
425
00:26:32,500 --> 00:26:36,560
him if he wants to change his mind, how
are we to obtain valid admissions?
426
00:26:37,240 --> 00:26:39,820
Well, I'm concerned today about the
invalid ones.
427
00:26:40,600 --> 00:26:43,420
Why shouldn't we apply an objective test
for each case?
428
00:26:44,180 --> 00:26:47,720
If the waiver is voluntary, let it in.
If it feels coerced, keep it out.
429
00:26:48,640 --> 00:26:51,000
Why apply this absolute restriction?
430
00:26:51,540 --> 00:26:53,520
Because we need the absolutes.
431
00:26:53,980 --> 00:26:59,540
We need a prophylactic that gives 100 %
assurance against chorus confessions. If
432
00:26:59,540 --> 00:27:01,720
you give the police any margin, they'll
abuse it.
433
00:27:02,140 --> 00:27:04,080
That is a pretty sweeping indictment.
434
00:27:04,500 --> 00:27:07,940
Well, your honor, I don't mean to
suggest policemen are bad people.
435
00:27:08,480 --> 00:27:11,420
I personally know the arresting officers
in this case.
436
00:27:11,900 --> 00:27:15,520
Officers Maxine Stewart and Kenny
Lockers. People I admire.
437
00:27:16,300 --> 00:27:20,640
But they're caught up in a system and a
society that is gripped with fear.
438
00:27:21,220 --> 00:27:22,840
And when afraid enough...
439
00:27:23,130 --> 00:27:26,230
Instead, people become willing to
suspend civil rights.
440
00:27:27,110 --> 00:27:31,870
It's going on all over this country. It
went on in this trial when Judge Bone
441
00:27:31,870 --> 00:27:35,950
stood up and said, I don't give a damn
what the Supreme Court says. The hell
442
00:27:35,950 --> 00:27:37,050
with his right to counsel.
443
00:27:37,270 --> 00:27:38,450
Well, that's what he said.
444
00:27:38,810 --> 00:27:43,110
And he said, if the Supreme Court has a
problem with that, they can come and get
445
00:27:43,110 --> 00:27:44,110
him.
446
00:27:44,190 --> 00:27:48,630
And the people of Rome, enlightened
people, good people, they stood on their
447
00:27:48,630 --> 00:27:51,570
feet and cheered Judge Bone when he
said, to hell with the Constitution.
448
00:27:52,410 --> 00:27:53,410
They cheered.
449
00:27:53,810 --> 00:27:57,450
That's what's going on in America today.
People are afraid.
450
00:27:58,150 --> 00:28:01,850
There's pressure on the police to do
everything to catch the bad guys.
451
00:28:02,090 --> 00:28:07,170
And they are doing everything, including
crossing constitutional barriers.
452
00:28:07,890 --> 00:28:10,250
That's why we need the Supreme Court.
453
00:28:10,950 --> 00:28:15,370
When the police go too far, that's where
you come in.
454
00:28:15,690 --> 00:28:17,590
Well, they went too far in this case.
455
00:28:17,850 --> 00:28:20,550
They denied Brian Latham his
constitutional rights.
456
00:28:21,500 --> 00:28:23,440
So this is where you come in.
457
00:28:33,700 --> 00:28:34,700
Hi.
458
00:28:34,940 --> 00:28:35,940
Hi.
459
00:28:42,900 --> 00:28:45,580
I've been thinking about how all of this
is none of my business.
460
00:28:46,660 --> 00:28:48,400
And I know that I should leave you
alone.
461
00:28:50,220 --> 00:28:54,460
But then it occurred to me that maybe
the reason that you're doing this is
462
00:28:54,460 --> 00:28:55,820
because you're so alone.
463
00:28:59,880 --> 00:29:01,780
Surrogacy is an extreme step, Carter.
464
00:29:03,420 --> 00:29:06,640
Going to court to enforce it, I'm not
going to lie to you. I'm worried about
465
00:29:06,640 --> 00:29:10,140
you. What is so crazy? That I would like
to have a child?
466
00:29:11,420 --> 00:29:16,220
That I want to share in the experience
of parenting like everybody?
467
00:29:20,460 --> 00:29:23,640
I know I could adopt, and maybe I will
someday, but I wanted my own flesh and
468
00:29:23,640 --> 00:29:24,660
blood, too, you know?
469
00:29:25,260 --> 00:29:26,700
Carry on the Pike name.
470
00:29:28,860 --> 00:29:29,980
I'm 38, Joe.
471
00:29:30,520 --> 00:29:33,100
I can cling to the idea that maybe I'll
meet somebody.
472
00:29:33,800 --> 00:29:35,120
Have children together.
473
00:29:36,620 --> 00:29:38,540
But I also have to recognize the
reality.
474
00:29:38,760 --> 00:29:39,760
I'm 38.
475
00:29:41,000 --> 00:29:43,840
And I've never been in a relationship
with anybody. Never.
476
00:29:44,520 --> 00:29:45,560
I didn't know that.
477
00:29:47,020 --> 00:29:49,240
Yeah, well, it's not something I...
478
00:29:54,640 --> 00:29:57,380
Look, I'm not denying how ridiculous
this is, doing what I'm doing.
479
00:29:58,440 --> 00:30:01,640
What's that old saying? Behind every
desperate act, you'll find a desperate
480
00:30:03,180 --> 00:30:04,960
You're not a desperate man, Carter.
481
00:30:06,600 --> 00:30:10,880
I have nobody in my life to love, Jill.
What does that make me if not desperate?
482
00:30:15,280 --> 00:30:16,720
This was no interrogation.
483
00:30:17,460 --> 00:30:19,380
Deputy Locos volunteered to leave.
484
00:30:20,040 --> 00:30:23,340
Brian Latham at least implicitly
consented to the conversation.
485
00:30:23,680 --> 00:30:25,320
And that's what this was, a
conversation.
486
00:30:26,400 --> 00:30:30,360
There was no accusation, no attempt to
elicit incriminating evidence.
487
00:30:30,620 --> 00:30:31,880
Simply a question.
488
00:30:32,360 --> 00:30:34,840
Do you know where we might find Susan
Ingram?
489
00:30:35,900 --> 00:30:40,220
To categorize that as an interrogation,
to say it rises to the level of
490
00:30:40,220 --> 00:30:42,520
coercion, is completely contrary to
fact.
491
00:30:42,900 --> 00:30:46,540
You're maintaining that Minnick doesn't
apply because this isn't an
492
00:30:46,540 --> 00:30:48,300
interrogation. That's correct, Your
Honor.
493
00:30:48,680 --> 00:30:52,310
Counselor. He asked the suspect to point
him to the body.
494
00:30:52,770 --> 00:30:54,050
The suspect tells him.
495
00:30:54,510 --> 00:30:58,090
It's a pretty incriminating answer, and
exactly the kind of answer that the
496
00:30:58,090 --> 00:30:59,090
deputy was looking for.
497
00:30:59,450 --> 00:31:03,450
I maintain that Deputy Locco's intent
was not to elicit incriminating
498
00:31:03,670 --> 00:31:08,230
It doesn't matter. If the police ask a
question that can reasonably elicit an
499
00:31:08,230 --> 00:31:10,730
incriminating answer, it's an
interrogation.
500
00:31:11,470 --> 00:31:14,210
You're familiar with Rhode Island v.
Innes? Yes, I am.
501
00:31:15,050 --> 00:31:16,410
Then how did you get around Minnick?
502
00:31:17,640 --> 00:31:21,800
The law says that you cannot re
-interrogate after the accused makes a
503
00:31:21,800 --> 00:31:22,759
for counsel.
504
00:31:22,760 --> 00:31:25,480
Which is exactly what Deputy Lacoste
did.
505
00:31:26,440 --> 00:31:27,540
How do you get around that?
506
00:31:28,620 --> 00:31:31,300
Are you suggesting Minnick doesn't
apply?
507
00:31:32,100 --> 00:31:34,580
Or are you advocating that we overturn
Minnick?
508
00:31:37,940 --> 00:31:42,620
I am suggesting to this court that
Minnick be overturned.
509
00:31:43,800 --> 00:31:46,160
This court erred in Minnick v.
Mississippi.
510
00:31:52,120 --> 00:31:53,760
Well, isn't this exciting?
511
00:31:54,040 --> 00:31:57,120
Mr. Chief Justice, you yourself flagged
the problem.
512
00:31:57,580 --> 00:32:00,120
It's become impossible for the police to
get a confession.
513
00:32:00,880 --> 00:32:05,020
Now, the point of Miranda and all these
prophylactic protections is to guard
514
00:32:05,020 --> 00:32:06,960
against compulsory self -incrimination.
515
00:32:07,820 --> 00:32:10,240
We want defendants to know their legal
rights.
516
00:32:10,680 --> 00:32:13,780
We want their statements to be
intentional and voluntary.
517
00:32:15,400 --> 00:32:18,720
Minnick has distorted this protection to
a ridiculous extreme.
518
00:32:19,850 --> 00:32:24,550
It establishes a systematic formula that
can result in a complete travesty not
519
00:32:24,550 --> 00:32:26,810
only of justice, but of common sense.
520
00:32:27,990 --> 00:32:32,870
To hold as a matter of law a suspect
can't change his mind about having
521
00:32:32,870 --> 00:32:33,870
in the room?
522
00:32:34,050 --> 00:32:38,710
To say he automatically lacks capacity
to make voluntary statements? Nothing in
523
00:32:38,710 --> 00:32:40,710
the Constitution supports this type of
premise.
524
00:32:41,190 --> 00:32:46,370
Nothing. These are court -articulated
protections that have expanded into
525
00:32:46,370 --> 00:32:47,810
constitutional fairyland.
526
00:32:48,440 --> 00:32:52,440
If you want to stretch a ruling on
Minnick to its most illogical extreme,
527
00:32:52,440 --> 00:32:54,380
need look no further than this case.
528
00:32:55,440 --> 00:32:59,800
Brian Latham was a sane, competent man
who knew his legal rights.
529
00:33:00,420 --> 00:33:01,760
He'd been given Miranda.
530
00:33:02,700 --> 00:33:04,520
He'd been warned by his lawyer.
531
00:33:05,780 --> 00:33:09,940
Take a look at those trial transcripts.
This man's testimony was precise.
532
00:33:10,360 --> 00:33:12,720
He clearly knew what words to choose.
533
00:33:13,660 --> 00:33:16,600
His statement to Kenny Lacos was
knowing.
534
00:33:17,800 --> 00:33:19,580
Intentional and voluntary.
535
00:33:19,940 --> 00:33:24,800
And we are applying an automatic formula
to redefine it as involuntary and throw
536
00:33:24,800 --> 00:33:25,800
it out.
537
00:33:26,440 --> 00:33:29,900
Well, if the Minnick test results in
such an atrocious rape of the simple
538
00:33:30,040 --> 00:33:31,340
then Minnick should be reversed.
539
00:33:32,900 --> 00:33:35,680
Suppose the suspect is not so savvy as
Mr. Latham.
540
00:33:36,180 --> 00:33:37,720
Maybe he's more easily tricked.
541
00:33:38,800 --> 00:33:41,720
How do we prevent the police from
exploiting that situation?
542
00:33:42,860 --> 00:33:45,460
Maybe the best way is simply to draw an
absolute.
543
00:33:46,190 --> 00:33:48,650
If he asks for a lawyer, stay away.
544
00:33:49,690 --> 00:33:50,810
That's simple counsel.
545
00:33:52,030 --> 00:33:55,290
Why can't the police just stay away
until the lawyer gets there?
546
00:33:57,170 --> 00:34:01,850
We can err too much on trusting the
police, I guess, or on trusting them too
547
00:34:01,850 --> 00:34:02,850
little.
548
00:34:03,490 --> 00:34:08,710
Which error, in your opinion, would be
more consistent with our Constitution?
549
00:34:14,440 --> 00:34:16,000
I don't think you need to make either
error.
550
00:34:17,080 --> 00:34:21,860
I think your rulings should trust law
and order and trust that the underlying
551
00:34:21,860 --> 00:34:24,719
intent of the Constitution is to ensure
a free nation.
552
00:34:25,699 --> 00:34:27,380
Crime is making us all less free.
553
00:34:28,400 --> 00:34:32,260
Now, the Constitution is certainly there
to protect the guilty as well as the
554
00:34:32,260 --> 00:34:33,420
innocent. I don't dispute that.
555
00:34:33,840 --> 00:34:37,880
But the objective of the Constitution is
not to set the guilty free.
556
00:34:39,760 --> 00:34:42,000
The people of this country need to know
that.
557
00:34:43,190 --> 00:34:45,550
They need to hear that from this court
today.
558
00:35:12,710 --> 00:35:15,310
Please step back, sir. I won't let you
back. Take your hands off me.
559
00:35:16,710 --> 00:35:17,710
What's your name?
560
00:35:18,170 --> 00:35:19,390
My name is Michael Duffy.
561
00:35:22,210 --> 00:35:23,630
Never hit me, Mr. Duffy.
562
00:35:28,270 --> 00:35:33,370
She contracted away her right to an
abortion. She gave it away when she
563
00:35:33,370 --> 00:35:35,810
into the circus. Your Honor, that is
completely without merit.
564
00:35:36,340 --> 00:35:40,180
Husbands have tried to sue mothers for
emotional distress after abortion.
565
00:35:40,400 --> 00:35:42,560
But the court threw out those cases.
Why?
566
00:35:42,760 --> 00:35:45,700
Because there is no precedent. Those
were lower court decisions never ruled
567
00:35:45,700 --> 00:35:46,700
at the appellate level. Excuse me, I
would like to finish my argument. Will
568
00:35:46,700 --> 00:35:48,080
let me finish? I'll finish.
569
00:35:52,040 --> 00:35:53,040
Excuse me, Your Honor.
570
00:35:55,600 --> 00:35:56,600
Could I be heard?
571
00:35:57,200 --> 00:35:58,420
It would be refreshing.
572
00:35:59,500 --> 00:36:01,300
Let's have the lawyers take their seats.
573
00:36:10,960 --> 00:36:14,060
I'm not going to get into the abortion
debate, whether the fetus is a life or
574
00:36:14,060 --> 00:36:16,060
not. I know that it's a legal question
for the lawyers.
575
00:36:17,580 --> 00:36:23,900
I also know that it's a woman's personal
choice as to whether she considers it a
576
00:36:23,900 --> 00:36:24,900
life or not.
577
00:36:28,960 --> 00:36:35,860
I would just like to say that the
father, it's my personal belief that it
578
00:36:35,860 --> 00:36:37,440
is a life, that it's my child.
579
00:36:38,350 --> 00:36:41,390
And that is why I feel I must try to
save it.
580
00:36:43,730 --> 00:36:50,590
I also know, according to the Supreme
Court, I,
581
00:36:50,770 --> 00:36:53,850
as the father, have no rights here.
582
00:36:54,370 --> 00:36:55,530
Legally, I'm irrelevant.
583
00:36:56,130 --> 00:36:57,390
And I think that's wrong.
584
00:36:59,250 --> 00:37:03,430
Without completely vitiating pro
-choice, we should find some way to give
585
00:37:03,430 --> 00:37:06,710
father some rights. After all, it's my
child.
586
00:37:08,940 --> 00:37:12,580
Before the Supreme Court can address
this question, the case has to get
587
00:37:12,660 --> 00:37:16,900
And in order for that to happen, we need
some brave trial court judge who's
588
00:37:16,900 --> 00:37:21,320
willing to make a ruling that putative
fathers do count in this decision.
589
00:37:22,700 --> 00:37:27,500
I've listened to your rulings for years,
and I don't know any judge who has more
590
00:37:27,500 --> 00:37:28,500
courage than you.
591
00:37:33,480 --> 00:37:38,140
I guess I'm asking for me.
592
00:37:38,670 --> 00:37:41,570
And my child.
593
00:37:44,050 --> 00:37:46,710
I'm asking you to be the most brave
you've ever been.
594
00:38:11,790 --> 00:38:12,850
I need five minutes.
595
00:38:31,430 --> 00:38:32,990
That's too much time on minutes.
596
00:38:33,810 --> 00:38:36,030
It's like a ball to Brewer, played up
the court.
597
00:38:36,650 --> 00:38:37,690
You got it, Brewer.
598
00:38:38,480 --> 00:38:39,740
How soon before they rule?
599
00:38:40,120 --> 00:38:42,700
There's no telling. Could be quick,
could take months.
600
00:38:45,480 --> 00:38:47,220
I can't believe I said it.
601
00:38:47,620 --> 00:38:48,620
Rentschberg.
602
00:38:50,300 --> 00:38:52,080
Mr. Wambaugh, you were fantastic.
603
00:38:53,560 --> 00:38:54,560
I was?
604
00:38:55,420 --> 00:38:59,020
You stood up in the Supreme Court and
were equal to nine judges.
605
00:39:00,320 --> 00:39:02,100
I couldn't believe how good you were.
606
00:39:03,900 --> 00:39:05,980
I wish Miriam could have seen it.
607
00:39:08,750 --> 00:39:10,190
Brian Latham could have seen it.
608
00:39:12,910 --> 00:39:13,910
I saw it.
609
00:39:15,090 --> 00:39:16,530
I was very proud of you.
610
00:39:17,670 --> 00:39:21,370
Watching you fight the way you did, you
made all lawyers proud.
611
00:39:25,450 --> 00:39:26,450
Thank you, Kimberly.
612
00:39:31,510 --> 00:39:32,590
And you did, too.
613
00:39:33,790 --> 00:39:34,790
Very much.
614
00:39:43,280 --> 00:39:44,280
Be seated.
615
00:39:56,480 --> 00:40:02,860
On pregnancy matters, Roe versus Wade
gives all the rights to the mother.
616
00:40:03,460 --> 00:40:06,180
The father has none before viability.
617
00:40:07,040 --> 00:40:10,680
The Weber argument was a novel one, Mr.
Dell, but...
618
00:40:11,150 --> 00:40:16,390
to enforce a contract claim to prevent a
woman from terminating the pregnancy,
619
00:40:16,650 --> 00:40:19,550
that would be against public policy.
620
00:40:20,350 --> 00:40:26,390
The only way for me to grant Carter
Pike's request would be to flat -out
621
00:40:26,390 --> 00:40:28,810
the Supreme Court, which I've done.
622
00:40:29,330 --> 00:40:33,470
One thing about being old, it can make
you brave.
623
00:40:35,050 --> 00:40:36,790
But I'm not that brave, Carter.
624
00:40:38,770 --> 00:40:45,520
This case involves... a baby, two
parents, and a controversy
625
00:40:45,520 --> 00:40:48,360
that no judge can ever truly solve.
626
00:40:49,040 --> 00:40:53,060
The issue of abortion is a deeply
personal one.
627
00:40:54,000 --> 00:40:59,420
I am neither wise nor brave enough to be
Solomon.
628
00:41:02,600 --> 00:41:04,280
Plaintiff's petition denied.
629
00:41:05,900 --> 00:41:08,920
Miss Halford is free to terminate the
pregnancy.
630
00:41:18,890 --> 00:41:19,850
Adjourned. They
631
00:41:19,850 --> 00:41:26,770
came at me,
632
00:41:26,850 --> 00:41:28,030
especially Scalia.
633
00:41:28,430 --> 00:41:31,450
But I fought them, Brian, I fought them
with all I had.
634
00:41:31,930 --> 00:41:32,930
When will they rule?
635
00:41:33,110 --> 00:41:36,590
Well, there's no telling, but it would
be nice if those Reagan appointees could
636
00:41:36,590 --> 00:41:37,590
retire first.
637
00:41:38,010 --> 00:41:40,290
But the law is still on our side.
638
00:41:41,100 --> 00:41:42,120
Minnick is the key.
639
00:41:42,680 --> 00:41:45,620
Now, I ordered a transcript, so you'll
be able to read every word.
640
00:41:46,540 --> 00:41:48,900
Douglas Wombo and the Supreme Court.
641
00:41:50,160 --> 00:41:51,400
I had a moment.
642
00:41:53,840 --> 00:41:55,380
Kimberly, what are you doing here?
643
00:41:55,980 --> 00:41:56,980
This came in.
644
00:42:03,380 --> 00:42:04,380
What?
645
00:42:06,380 --> 00:42:07,960
How could they rule so fast?
646
00:42:19,380 --> 00:42:21,020
Our appeal was denied.
647
00:42:26,220 --> 00:42:27,300
What does it mean?
648
00:42:29,420 --> 00:42:30,420
What does it mean?
649
00:42:32,740 --> 00:42:33,740
It's over.
650
00:42:33,800 --> 00:42:34,800
We've lost.
651
00:42:36,380 --> 00:42:37,980
You said the law was with us.
652
00:42:38,580 --> 00:42:40,160
You said they follow the law.
653
00:42:41,620 --> 00:42:43,180
I don't know what to say.
654
00:42:44,780 --> 00:42:46,220
But the law just changed.
50294
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