All language subtitles for the.good.fight.s04e06.1080p.web.h264-oath

♪ ♪

(loud sipping)

(elevator bell dings)

Okay, runway model,
you look fantastic.

What's different?

Gee, thanks.

You know what I mean.

Something's going on.

Maybe I'm just
having a good day.

(gasps)
Oh, my God.

-You got a Birkin.
-It's no big deal.

It is absolutely a big deal.
Is this a Bianca hand-me-down?

No.

Why? Does it look...
does it look used?

No, it looks gorgeous.

Are your hands clean?

So, wait-- did you buy this?

Yeah, I-I... I wanted one.

Everybody wants one,
like a yacht or a pony.

Ooh, it's the swivel latch.
I love the swivel latch.

How do you know so much
about Birkins?

I was raised around rich people.

Ooh, saddle stitching.

So, wait,
where did you buy this?

At a... a... sample sale.

Really? Well, you're lucky
you didn't get scammed.

-What do you mean?
-Well, if it were counterfeit,

the feet would screw off,
but these don't.

See? They're hammered in.

-Huh.
-(laughs softly)

(sing-songy):
Lucca has a Birkin.

I...
Shh.

Thank you, Frank,
for giving us another chance.

-(chuckles softly)
-Uh, please.

We're not here
about your firm, Adrian.

We are here about you.

-Me?
-Yes.

-Did you watch the Democratic
debates this year?
-Yeah.

-Which one? (laughs)
-Any of 'em.

(laughs)
We started out with the most

diverse slate in our history,
but come the end of January,

no candidate of color
went the distance.

And that's something
we need to correct.

Four years from now, we need
an African-American candidate

that can go the distance.

I agree.
So how can I help?

You can be that candidate.

Are you kidding me
right now, Frank?

No. Look, we don't
expect you to win,

but we want to groom you to stay
on the stage until Iowa.

Black voters need
to see themselves up there.

But you want me
to run for president?

Yes.

Wow.

WOMAN:
You're a fighter,
but with gravitas.

LANDAU:
We saw your punditry from
last year. It was very good.

You spoke eloquently
on issues that matter.

You seem very comfortable
in your own skin.

You've made a name for yourself
on police brutality,

and that takes you away
from the Kamala Harris problem.

-And you're tall.
-(chuckles) People like that.

But I've said some very
controversial things, Frank.

You're not afraid
to break the rules,

which is a good thing, because
there's no rulebook anymore.

Donald Trump took it, burned it
and took a shit on the ashes.

And if he wins in November,
God help us,

we need to come back in 2024
with everything we've got.

Can I, um, think about this?

-Mm, of course.
-WOMAN: But in the meantime,

-it's confidential.
-Oh, absolutely.

Not a word to anybody.

Okay.

It's beyond confidential.

Not your mother,
not your shrink, no one.

Okay.

They said what?

In 2024.

Oh, they don't expect me
to win the nomination.

It's more about defining
the future of the party...

You're the future of the party?

-You're jealous.
-No, I am not.

-(laughs)
-I j... just...

What are your positions?

Medicare for all?
Section 1325

of the U.S. immigration code?
Troops in Northeast Syria?

-Maybe you want to be
my policy advisor, huh?
-I'm the reason

the DNC came into this office
in the first place.

And, unlike you, I have actually
worked in government.

Mm, like "Kamela" Harris.

It's Kamala.
Learn how to say her damn name.

And what, are you-are you saying

that former prosecutors
are unelectable?

Or just black, female
former prosecutors?

Congratulations.

Why, thank you.

I have to head to court.

Better work on your platform.

Huh.

Would it kill them
to recruit a woman

every once in while?

(whistle blows)

ADRIAN:
Melanie! Melanie!

Looking good.

My leg was starting to... cramp.

I need to...
stretch it out more.

-You ready for court?
-Not really.

Talk about butterflies.

You'll be fine, Melanie.

But look, I wanted to catch you
before we go to court.

We're changing strategies.

We're what?
Why?

Well, we think that, given
the politics of the situation,

we have a better chance
of success going with race.

Um... if that's what you think.

But look,
nothing else has changed.

You are still
the injured party here.

So what do I wear in court?

I was six
when I learned to swim,

uh, which is late
compared to the other girls.

Uh, there was no pool near me.

My mom would get me up
quarter after 3:00,

get me to the pool by 5:00.

I'd work out till 7:00.

Then she'd have me
at school by 8:00.

Uh, it was about
an hour-and-a-half drive

each way, depending on traffic.

Did you have
a private coach, Melanie?

No.
Just my mom.

So even though you didn't
have the advantages of your

teammates, you still made
finalist on the Olympic team?

Objection. Relevance?

Overruled.

Try "counselor is testifying."

Counselor is testifying.

-Sustained.
-ADRIAN: Melanie,

in 2019, was there a scheduled

qualifying meet
for the Olympic trials?

-Yes.
-And was that

-rescheduled for this year?
-Yes.

-ADRIAN: Why was that?
-Objection.

The witness was not the one

doing the rescheduling,
Your Honor.

She's hardly in a position
to know why.

I'm guessing she has an opinion.

As I am also guessing
that your client,

the Olympic Committee,
has an opinion,

-so, overruled.
-(quietly): Go ahead.

Uh, the meet
was rescheduled to 2020

to give Sadie Lipton
more time to train.

And Sadie Lipton
is the swimmer who replaced you

-on the Olympic team?
-Yes.

And Sadie Lipton
is obviously white, right?

-MELANIE: Yes.
-Okay, I got it.

Uh, is there any reason
to believe

that race played a part
in this decision?

I'm not someone
who sees racism in everything,

but our team doctor,
Dr. Ludovic--

he thought I couldn't hear him
when he said:

black people's bones
are denser than whites,

that elite swimmers
need a low bone density,

so blacks were
at a disadvantage.

All right, I'm getting it.
Uh, thank you very much, dear.

Next?

NIA:
As president

of U.S. Olympic Swimming,

what is your principle function?

Of course I'd like to think
it was to inspire others,

but the truth is, my principle
function is to lead by example.

And what was your reaction

when Dr. Ludovic's remarks about

African-American bone density

-got back to you?
-I fired him that same day.

Is there racism
on the U.S. Olympic Committee?

No. And if there were,
I would weed it out.

Thank you.
Nothing further.

-Mr. Pezner,
what's Rule Number 50?
-Oh, objection, Your Honor.

-I haven't even
asked my question, sir!
-Because Rule Number...

-It's got nothing
to do with anything.
-Wai... Uh, uh, uh, uh,

Hey, eh, eh, eh,
wait, wait, wait, wait, wait.

Somebody want
to clue the judge in here?

I mean, what is Rule 50?

PEZNER:
It is the new rule

that prohibits
political protests

by athletes
at the Olympic Games.

Okay.

Counselor, connect the dots.

You knew, sir, did you not,
that Melanie Evers had,

in the past, participated
in political protests?

Listen, I am sympathetic
to Black Lives Matter.

I am not interested
in your sympathies, sir.

-I'm asking you if you knew.
-Objection,

Your Honor.
Badgering the witness.

Eh, but not much of a badger.
Overruled.

-Yes. I knew.
-And isn't that

the reason that you
kicked her off the team?

She was not kicked off the team.

Her time was slower
than the other swimmers.

Slower than Sadie Lipton
by one-tenth

-of a second.
-PEZNER: Which is slower.

You changed the rules, sir,

to let Sadie Lipton compete
in 2020, and thereby

-replace our client,
Melanie Evers.
-NIA: Okay, when

did this become
a debating society?

Uh, you know,
I kind of like debates.

They-they often
illuminate the truth.

Counselor, what remedy
are you seeking?

For the Olympic Committee
to abide by

its own rules
and draw its competitors

from the swimmers who competed

in the 2019 meet.

Give me the afternoon.

Thank you, Your Honor.

That's it?

Yes.

I mean, who delivered it?

No one saw.

(sighs)
Why didn't you ignore it?

Do you remember Judge Itzelitz?

Yeah, a few years ago.

There was, um,
a bribery scandal?

Yeah. He was set up
on a Big Pharma case.

He ignored Memo 618.

Now he drives an Uber.

Cases disappearing,

subpoenas discarded,
judges expelled.

Who has this power?

Guess who got a Birkin bag.

Marissa.

Oh. Sorry.
I'm sorry.

Hey, Julius.

(sighs)

Okay.
That's what I know.

How about you?

Well, there was a man
waiting in my husband's office.

He warned him
that I better back off.

-What man?
-No name.

Kurt doesn't know how he got in.

-He was wearing this.
-I...

I had a man
waiting in my chambers.

No name.
Also, a visitor's pass.

He... left this

if I wanted to talk.

What are you doing?

-Calling him.
-Julius, are you serious?

In Proverbs, it's written:

"When justice is done,
it brings joy to the righteous,

but terror to evildoers."

It's what I always believed.

Now I just have to enact it.

Hi.

Hello.

Where'd you put it, Lucca?

It's nothing special.

Gah!

-Oh, did you-did you get it
at a sample sale? Where?
-Were there any left?

-Were they-were-were
they just Birkins?
-Okay, I'm sorry.

There is no sample sale.
I bought it at Hermès.

I'm just...
I'm embarrassed.

MARISSA:
Really?

Yeah, I treated myself. I...

I know.
It's extravagant.

No. It's-it's a...
good investment.

They do go up in value.

Yeah.
Mm-hmm.

Good for you.

Okay.

It's just me now.

Did Bianca buy you that bag?

-No.
-Then why are you
being so cagey?

I'm not being cagey.

You are totally being cagey.

And I looked it up.

That Birkin costs, what, like...

-$20,000?
-Jesus,

you are a one-woman
surveillance state.

-Thank you.
-I bought it

with what I won playing poker.

Holy fuck. So it really was
a lot more than $1,500.

-A little more.
-If this bag costs...

$20,000, you'd only buy it

if you knew
you had a lot left over.

So...

$200,000?

Did you win $200,000?

More?

Let's not play this game.

-$500,000?
-Marissa.

Fuck.
A million?

(clears throat)
Okay.

I have to get back to work.

And you don't tell anyone
about this.

Okay, but you need
to do something for me.

Talk to David Lee.

Why?

Your winnings.
The taxes on them.

Did you win them from gambling?

And was it down in Saint Lucia?

That makes it
all more complicated.

David is an asshole,

but he lives for this stuff.

Just talk to him.

BAILIFF:
All rise.

BRICKNER:
Okay.

No, no.
No, you don't have to get up.

Uh, this shouldn't
take very long.

I've already made my decision.

Your Honor, may we approach?

Uh, I was about to rule.

We have information
that may impact your ruling.

BRICKNER:
All right.

Come on.
The more the merrier.

Your Honor,
I feel the need to point out

the counterfeit nature
of Mr. Boseman's pleadings.

-What the hell are you...
Counterfeit?
-The real issue

with Sadie Lipton
being on the Olympic team

isn't that she's white--

it's that she's transgender.

-What are you talking about?
-But to identify her

as such would entail

taking a political position

Mr. Boseman
would rather not take.

-Your Honor...
-Wait, wait, wait. She's a...

-What is she?
-She was biologically

born male but

two years ago began
transitioning to female.

And you were aware

that this swimmer was trans?

I was.

But I felt then, as now,

that our strongest case rests

-with racial discrimination.
-Oh.

That's not what they were saying
when we were negotiating.

-They never mentioned race.
-All right. Wait. (shushing)

So you're-you're saying
that you're using race

because the politics
works better for you?

That is unfair.

-But true.
-Th...
-All right, look,

here's what we're gonna do.

You're gonna have to make
a decision, Counselor.

Race is not working for you
so far.

-(chuckles) Okay.
-But, you know,

if you want to amend your suit,

I'm all ears.

Counselor?

Okay.

We would like
to amend our pleadings.

See?

Was that so hard?

-No, Your Honor.
-No.

Okay. From race to trans,
let's go.

("Hey Julie"
by Fountains of Wayne playing)

♪ Working all day
for a mean little man ♪

♪ With a clip-on tie
and a rub-on tan ♪

♪ He's got me runnin'
round the office ♪

♪ Like a dog around a track ♪

♪ But when I get back home ♪

♪ You're always there
to rub my back ♪

♪ Hey, Julie,
look what they're doing to me ♪

♪ Trying to trip me up,
trying to wear me down ♪

♪ Julie, I swear,
it's so hard to bear it ♪

♪ And I'd never make it through
without you around ♪

♪ No, I'd never make it through
without you around ♪

♪ Hours on the phone
making pointless calls ♪

♪ I got a desk full of paper
that means nothing at all ♪

♪ Sometimes I catch myself
staring into space ♪

♪ Counting down the hours
till I get to see your face ♪

♪ Hey, Julie,
look what they're doing to me ♪

♪ Trying to trip me up ♪

♪ Trying to wear me down ♪

♪ Julie, I swear,
it's so hard to bear it ♪

♪ And I'd never make it through
without you around ♪

♪ No, I'd never make it through
without you around ♪

♪ Hey, Julie,
look what they're doing to me ♪

♪ Trying to trip me up,
trying to wear me down ♪

♪ Julie, I swear,
it's so hard to bear it ♪

♪ And I'd never make it through
without you around ♪

♪ No, I'd never make it
through without you around. ♪

Liz. Liz, I need you
to come down here.

They called you out
on the trans issue, didn't they?

Yeah. I need you

-in court today.
-Can you get

-someone else?
-No.

You'll be more sensitive.

Plus, the optics are better.

It's a political minefield.

And you're a political person.

No, you're a political woman.

And I need a woman.

-Is this about your DNC stuff?
-What?

-No.
-Adrian.

Hey, you-you have
that sound in your voice

-when you're lying.
-Okay,

better for Melanie
if she has a man

and a woman representing her.

Look, I got to go, Liz.

Thanks.

Hey. Morning.

-Hey.
-Hey.

I was just coming to see you.

Yeah, we had
a-a recess in court.

Ah. Mm.

-Mmm.
-Mmm.

So...

I've thought about it,

and...

the answer is yes.

I'll move in.

(chuckles)

-That is great.
-Yeah.

No, it isn't.
What?

-No.
-What happened?

No, this is great.

I...

Adrian.

What the fuck?

I'm sorry.

My mind is on something else
right now.

(scoffs)

All right.

DNC came to my office
this morning.

And they asked me--
I mean, this is bizarre--

they want me
to run for president.

-(laughing)
-I know.

-(laughs): Wait.
-(chuckles)

-I know, I know.
-When?

2024.

Are they crazy?

Now, they don't think
I'll become president.

They just want a black person
up onstage and...

Ah. Okay, so they asking
a lot of people.

You are really cutting into
my self-esteem, Charlotte.

(laughs)

Oh.

(chuckles)

Now I get it. (chuckles)

What?

You don't want
to move in together anymore.

You're worried about me.

You're worried
about my "issues."

What issues?

The issues
we don't discuss, Adrian.

The issues that'll be a problem
for your campaign.

Look, I don't even know
if I'll do it.

You'll do it.

I can see it in your eyes.

If I do,

whatever your issues are

won't... impact it.

I swear.

Charlotte,

I swear.

Hey.

When can you move in?

How much of a windfall
are we talking about?

This is just between us, right?

Oh, come on, Lucca.

I'm a lawyer. I say anything
and I'm disbarred.

Do you want me
to work for you or not?

-How much of a windfall?
-A million.

And a half.

Is this windfall a gift?

No.

Well... yes.

$50,000 of it was.

But the rest are winnings.

A poker game.

So you want to know
if it's taxable?

-Yeah.
-It is.

However, there are strategies
around that.

Are they legal?

They're rarely prosecuted.

I want to do what's legal.

And I need to invest
what's left after taxes.

Where's the money now?

-Where is it?
-Yes.

Bank account?
Cashier's check?

-It's not in your freezer.
-(chuckles)

No, I-I don't exactly
have it yet.

You don't have it yet?

No. Not yet.

The other people in this game...

-They're deadbeats.
-No.

They're rich.

-What?
-Lucca, I work with the rich.

They promise everything.
They give you nothing.

That's not who these women are.

Why, because
they're rich and powerful?

The rich and powerful
think they're God's gift

because everyone
treats them like God's gift.

They get their
hotel rooms comped.

They get gift rooms
where they can take anything.

Their meals are bought
by everybody else.

You already got
your million and a half

in their smiles,
in their charms.

-That's your winnings.
-N... Uh, no.

That-that can't be.

You have an I.O.U.
or a promissory note?

Okay, call 'em up
and ask 'em for your money.

I can't do that.

Exactly, and they know that.

Look, just don't buy anything
until you get the money.

-Okay?
-(door closes)

Thanks for doing this.

Mr. Pezner,

could you explain
how a trans woman qualifies

to swim on the women's
Olympic team?

Well, first, she must
make a declaration

-that she is a female.
-Oh.

So, as-as long
as you have standards.

Objection.

Uh, my guess is

that counselor
was being sarcastic.

But, just in case,
sustained.

The athlete has to maintain
a testosterone level

below ten nanomoles per liter
for 12 months.

And that's what
the trans swimmer,

-Sadie Lipton, had?
-Yes.

Now isn't it true that most
women have testosterone levels

way below that,

at around, uh,

1.7 nanomoles per liter?

That's less than one-fifth
of that cutoff.

I don't know.

LIZ:
So why exactly

would the U.S. Olympic team

set the ceilings
for testosterone levels

so much higher than the level
of biological women

and-and closer
to testosterone levels of men?

We are simply complying
with international guidelines.

And-and not because you want men

to be able
to compete on the team?

NIA:
Objection, Your Honor.

Offensive.

I'm not the sensitivity police,

and this is
a pertinent question,

so I'll allow it.

Uh, it has been established here
that you delayed

the qualifying meet
for, uh, two months.

-The swimmers needed
more time to train.
-Uh, isn't it true

that without that delay,
Sadie Lipton

wouldn't have qualified
for the Olympics?

Her times were
consistently excellent.

Yes, but her testosterone levels

wouldn't have otherwise
been low enough

long enough.

Without that delay,
she couldn't have met

the 12-month requirement.

I believe that's true.

So... the delay helped Sadie

a lot more
than it helped anyone else.

Right?

PEZNER:
That was not the intent.

LIZ:
That's good to know.

(indistinct chatter)

JOSIAH:
Hello, Julius.

-Hello.
-(grunts)

You always wear
the visitor badge?

JOSIAH:
Oh.

(chuckles):
I'm always a visitor.

Sorry I'm late.
I was glad to get your call.

We have a lot to discuss.

-You start.
-Sure.

A rocket docket?

That's not quite
what we were discussing.

What were we discussing?

(chuckles softly)

Let's see your cell phone.

-I'm not recording.
-Yeah.

The rocket docket
is not only unjust.

It works for the angry.
I don't represent the angry.

Who do you represent?

People who like
order and control.

-People in the government.
-Maybe.

Now, here's a question for you.

Do you want to go further?

Do you want a seat
on the circuit court?

That depends
on what I have to do.

Stop with
the adolescent rebellion.

No rocket docket.

When I say someone
needs help, help him.

And if I don't?

Ah.

The two thorns in my side.

My husband says hello.

Here's the thing about
melodramatic moves like this.

They never work.

Whenever I copy
something I see in the movies,

I just get hurt.

Is that a threat?

I'll be seeing you two.

(chuckles softly)

You need to move.

That's him?

-(car lock beeps)
-Yep.

Uh, get his license plate.

It's a new car.
He doesn't have one.

-There he goes. There he goes.
-Yeah.

I see, I see.

(horn honks)

Jesus, he drives like a maniac.

More like someone
who's never gotten a ticket.

(horns honking)

Jesus.

He's speeding up.

It's not helping
to narrate this, Marissa.

Someone's following us.

What?

-MARISSA: Who is that?
-JAY: I don't know.

-Are they together?
-I don't know.

Maybe they're gonna squeeze us.

-What is that?
-He'll skid to a stop,

they'll close us in,
and then they'll strafe us.

Stop talking.

(horn honks)

-Watch out!
-Whoa!

(tires screech)

WOMAN:
Fuck, fuck, fuck!

-Fuck you in the face, fuck!
-Back up! Come on!

-Back up!
-Get him to move!
Get him to move!

He won't move.
You need to back up.

-Fuck you. B-Bump his ass.
-No. That's not gonna do it.

WOMAN:
Fucking hellfire!
What the fuck are you...

-You're in the fucking way!
-MARISSA: Why are you

-swearing so much?
-WOMAN: What?

Because you fucked
everything up.

I had him, and now you're
in the fucking way!

-Wait, you're not following us?
-What?

(car door closes)

(engine starts)

(tires squealing)

(camera shutters clicking)

-Did you get it?
-Uh, yeah.

We lost him.

He lost us. He was driving
like a psychopath.

JAY:
But there was something else.
A woman was following us.

-Following you? Why?
-JAY: She said
she was following the guy,

too, and we got in the way.

We ran her plates.

Her name is Linda Shuck.

Do you have her address?

So...

are you in?

I have a question.

A question's good.
Shoot.

I'm seeing someone.

-He or she?
-She.

-Married?
-No.

We're both single,
consenting adults.

But...

She might have some...

...issues.

-What kind of issues?
-Who is she?

I'd rather not say.

Fine.
What issues?

A certain level of possible...

...corruption.

Get rid of her.
Do it now.

Why?

LANDAU:
You said there was
corruption there.

There might be.

So find out for certain
and show you want it.

Adrian, we want you,

but you have to want this.

And wanting it
requires sacrifice.

Hello.

BIANCA:
What do you think
about this one?

I have no idea
where I'm gonna put it,

-but I think I need it.
-Yeah.

I've always heard
you should walk away

from the thing you want,
and if it's still on your mind

-the next day,
then that means it's yours.
-One day,

I'm gonna disavow you
of your sensibleness.

So, what's up?

Nothing. I...

Just a question about last week.

St. Lucia?
It was fun, wasn't it?

I'm fairly sure
I conjured this call.

You've been on my mind. We need
a celebration dinner ASAP.

(chuckles)
What are we celebrating?

Your poker skills.

And your newfound wealth.

Ha! Dinner's on you.

Okay.

(phone beeps)

(exhales)

Dr. Lola Pell.
Chief endocrinologist

at University of Chicago.

I study hormones.

Thank you for testifying,
Doctor.

Now, the U.S. Olympic Committee
is using testosterone

to decide who is a man
and who is a woman in sports.

-What's your opinion of that?
-We're talking sex,

-not gender, yes?
-BRICKNER: Well,
how are we describing

-the difference?
-Sex is about

the biological differences
between men and women.

Gender is
about personal identity.

Okay, I got it.
Uh, you can answer.

Testosterone is a flawed way
to determine sex in sports.

Trans women are born male.

They've gone through
male puberty.

As a result,
they have longer limbs,

bigger heart and lungs,

maybe even better muscle memory.

In elite sports,

just a one percent advantage

can make a huge difference.

So, even after lowering
someone's testosterone level,

they still aren't
exactly playing

on a level playing field
with women born as women?

-Exactly.
-Thank you. Thank you.

Dr. Pell, you've stated here

that testosterone levels
are an imperfect gauge of sex.

But can you identify
a better one?

Given where we are
in medicine right now,

no.

NIA:
Thank you.

BRICKNER:
Okay, counselors, anything else?

-Okay, Liz...
-BRICKNER: Redirect?

No. You do it.

-Liz.
-You do it.

Dr. Pell, you said

that testosterone
is the most accurate

and objective test of sex.

What about genitalia?

Wouldn't deciding based on that

be just as accurate
and objective?

Yes, it's an objective factor.

And if the criteria
were genitalia,

where would this new swimmer,
Sadie Lipton, land?

On the men's team.

Objection. Hypothetical.

The question
has already been answered.

I'm just trying to understand

-what everybody is saying.
-ADRIAN: Your Honor,

the transgender swimmer,
Sadie Lipton,

has male genitalia.

-Seriously?
-ADRIAN: Yeah.

A penis?

And he's swimming

-as a woman?
-With all due respect,
Your Honor,

Sadie Lipton is a woman

and should be referred to
as "she."

But she was a he?

And now he...

uh, she is swimming as a woman?

The judge is on our side.

Don't you think?

Uh, it was effective.

We're gonna win this.

-What's going on?
-LEAH: It's a petition signed

-by the associates.
-And the assistants.

People are pissed off,

so we decided to respectfully
express our displeasure

with your smear
of a transgender swimmer.

No more transphobia.

-No more transphobia.
-(overlapping chatter)

No more. It's not okay. No more.

LEAH:
You're attacking
an oppressed minority.

And we think Reddick/Boseman,

of all firms,
should know better.

-I understand.
-Then why are you doing it?

Because it's a strategy.

Hate isn't a strategy.

-This is not hate.
-OPAL: You can't pit

women's rights
against trans rights.

There is an epidemic
of transgender violence.

Especially women of color
getting attacked and murdered.

Right. But Melanie Evers is
the victim in this instance.

And we are fighting
for her rights

because Melanie Evers
is our client.

Now, here's
a young African American athlete

who has worked her whole life
for this,

and now someone just-just
takes it away from her?

But I don't think that means
that we should...

-(overlapping chatter)
-No, no, no, no, no.

Wait a second,
now, look, now, look.

We-we-we appreciate your input,

and we will take your opinions
into consideration.

What we will not do
is abandon Melanie Evers

or this case.

We need to rethink.

Why? Because of this?

No.

(scoffs)

Because they're right.

This is generational, Adrian.

They get this better than we do.

Liz, I've won awards
from organizations

covering every one
of the letters

-LGBTQ.
-And that is

the transgender equivalent of
"I got a black friend."

What are our options?

You reframe
Melanie's case as a...

a feminist issue.

And we leave out
the anti-trans tone.

That's, that's
the right approach.

Not if it means we lose, Liz.

Now, this is not about politics.

This is about rules.

Are the Olympic rules
fair or not?

That's all.

In life, that's never all.

So I heard you ended up
buying the Birkin.

How did you hear that?

I know the shopkeeper.

I may have asked them
to give you a discount.

I'm still wrapping my mind

around how much I spent on it.

(laughs)

Buyer's remorse.

More like a delayed
sticker shock.

You know what's great?

It's not just a purse.

It's an announcement.

-An obnoxious announcement.
-Oh, come on.

How many black women
do you know that own a Birkin?

Let's be obnoxious for once.

Ooh!

We did some damage.

Glad this one's on you.

Did you... get your winnings

-from the game?
-(laughs)

I didn't win.

Not like you did.

(chuckles)

(exhales)

CHARLOTTE:
Tickets to the Bulls.

I didn't know you were a fan.

Judge O'Hare thought I was
after endorsing him

-for the bench.
-(pouring)

-What else?
-Uh...

friends and family discount

at Neiman Marcus.

There was a, a zoning issue.

That's where I got this.

Looks... very pretty on you.

(laughs)

Um...

Oh, I got Judge Woodbent

a speaking engagement
on a murder mystery cruise

after a favorable ruling.

"A murder mystery cruise"?

His wife loved it.

That's it, right?

Presided over a heroin arrest.

Substitute teacher,
sent her to rehab.

Her father was
a Mercedes dealer.

-Uh-huh.
-I got a lease.

-No money down.
-Ah.

And I bought shares
in a tech stock

before the IPO was announced.

The CEO was going

through an ugly divorce.

I knew the judge.

He told me when to sell.

Right before it tanked.

(sighs) So...

do I pass muster?

(laughs, grunts)

Mmm.

♪ ♪

Charlotte?

-Hey, Charlotte.
-Mm.

What about the memo?

Hmm?

The one that Julius
asked you about.

How come you didn't...

mention it tonight?

Because it won't be a problem.

Why not?

(sighs quietly)

Because it's the solution.

Sadie Lipton.
I'm a swimmer.

NIA:
Could you tell us what swimming
means to you, Sadie?

I was four years old
when I first got in a pool,

and it was magic.

Outside of the pool, on land,

I felt like
everything was wrong.

I felt so stuck.

In a-a body
that didn't feel like mine.

I didn't feel right
in the rest of the world,

but in the water
I had grace and strength.

I belonged.

How has the swimming community
handled your transition?

Most swimmers have seen
how hard I've worked

at my swimming,
at owning who I am, and,

of course,
at following all the rules.

And you have, indeed,
followed all the rules

to qualify for competition?

Absolutely.
And it wasn't easy.

When I compete in Tokyo,
it looks like I'll be

the first trans athlete
in the Olympics.

Do you feel you have a physical
advantage because you're trans?

Every great athlete has
unusual features.

No one says it's unfair
that Simone Biles is only

four-foot-eight, even though
that's part of what makes her

an incredible gymnast.

It's only when someone is trans
that people start calling

certain characteristics unfair.

Thank you.
Nothing further.

(Liz clears throat)

Ms. Lipton, I first want
to congratulate you

on all of your success,

and for making it
onto the Olympic team.

Thanks.

Now, three years ago,
wouldn't you agree

that it didn't seem
very likely that you would be

heading to Tokyo?

I think it's hard to judge

three years out
from a competition.

Well, at the, uh,
World Aquatic Championships

in 2017, uh,

you, uh, actually
didn't even place

in the top 20.
Isn't that true?

Yes.

Uh, in fact, um...

Strike that.

Nothing further, Your Honor.

One second, Your Honor.

Sure. Take your time.

-Why not?
-What are you doing?
What are you doing?

You want this, you do it.

Uh, Ms. Lipton,
just a couple more questions.

The following year,

at the championships in 2018,

you again finished
outside the top 20, correct?

-Yes.
-In fact,

it's only by swimming
against women

that you get to go
to the Olympics.

Is the plaintiff really arguing
that Ms. Lipton

identifies as a female
just to swim in the Olympics?

I think he is.

And, uh, I'm gonna
continue the questioning

if, if you don't.

Ms. Lipton, isn't it only
because you compete as a woman

that you could qualify
for the top five?

-I can train so much harder
now that I'm happy.
-Uh, excuse me.

Uh, could you repeat that?
I didn't hear.

I can train harder
now that I'm happy.

(dog barking)

♪ ♪

Okay.

Linda Shuck?
I'm Diane Lockhart...

Yeah, I know who you are.

I think we have
a common interest.

You don't know who
the fuck I am?

I-- No.

You've seen me
about a dozen times.

-Where?
-In court.

I'm a court stenographer.

Oh, my gosh.
No, I do know you.

-Yeah.
-(dog barking nearby)

(door unlocking)

Come on in.

Oh, uh, wow.

You're a bit of a collector.

(sighs): Yeah, well,
I don't trust the Internet,

only paper, so...

This is every court case
I've ever worked on. (chuckles)

And this is every court case

from the rest of the courthouse.

And the bedroom is 1998
through last year.

(exhales sharply)
Why?

Because someone
is burying cases.

Memo 618?

Do you know who?

No. Do you?

I might.

Okay.

I don't see any reason why
we can't work together.

How do I know I can trust you?

You can't, but...

I'm trusting you.

Okay, what do you want to know?

Who is doing this?

Memo 618.
Who's using it?

The Office of Legal Counsel.

The Department of Justice?

Yes.

How do you figure it?

(bell chimes)

♪ ♪

♪ We're sorry that we've
been away so long ♪

♪ And now we know that
what we did was wrong ♪

♪ If it'll ease
your apprehension ♪

♪ We promise not to mention ♪

♪ Censorship in China
in this song ♪

♪ Starting now ♪
(clears throat)

♪ What is the Office
of Legal Counsel? ♪

♪ We love the Constitution,
but it's just a basic map ♪

♪ Sometimes at the edges
you can find a little gap ♪

♪ And when they want
to sign an order ♪

♪ To ensure legality ♪

♪ The president picks up
the phone ♪

♪ And calls the OLC ♪

♪ Then some lawyers
get together ♪

♪ And decide what
they should say ♪

♪ And they write it in a memo
and they lock it away ♪

♪ And then it's law,
secret law ♪

♪ You don't know,
they won't tell you ♪

♪ Secret law ♪

♪ Free-thinking independent
members of the bar ♪

♪ Are not supposed
to be political ♪

♪ But, whoops,
sometimes they are ♪

♪ It'd be nice
if the judicial branch ♪

♪ Would get the chance to say ♪

♪ If all the rules they make
are kosher ♪

♪ We just don't know
either way ♪

♪ It's a mystery
wrapped in an enigma ♪

♪ Made of fog ♪

♪ It's the hidden hand
that holds the tail ♪

♪ That's wagging the dog ♪

♪ And it's law, secret law ♪

♪ You don't know,
they won't tell you ♪

♪ Secret law. ♪

I went through every photo,
every newsreel,

every bit of B-roll I could find

about the Office
of Legal Counsel.

So, 1942,

the OLC justified FDR signing
Executive Order 9066.

Uh, the Japanese
internment camps?

Yeah. Look at the bill
he signed.

I don't see anything.

I had to blow it up,
like, 50 times.

This is Memo 618.

In 2002, John Yoo of the OLC
drafted the "Torture Memos."

But before those memos came out,

this was Donald Rumsfeld
at a press conference.

-What am I looking at?
-I got a lip reader.

Look. Right there.
He's saying it.

"We got it. Memo 618."

Now, in 2019, Robert Mueller
insists a president

can't be indicted.

But there is never a law
anywhere that said that.

Just an old memo
written by the OLC in 1973.

It's never been reviewed, never
vetted in any court of law.

And before Mueller reached
that decision, there was this.

So, the same lip reader,
I got to do this, too.

"Well, sir, are you worried?"

"No, I have Memo 618
in my back pocket.

I'm gonna be great.
I'm gonna be fine."

So, what is it?

What is Memo 618?

Well, it's when the presidency
or Department of Justice knows

they need a law, but it just
hasn't been drafted yet.

So they know
they need an immediate order

to get what they want.

FDR knows

he wants
to imprison Japanese-Americans,

Bush knows he needs
to torture, uh,

Trump knew he wanted
to not be indicted.

And they all knew
that eventually

they were gonna need a law
to support it, but

in the meantime,
there's Memo 618.

MAN:
All rise.

(sighs)

To be honest, I'm torn.

Ms. Evers, Ms. Lipton, clearly

you're both extraordinary
young athletes,

both disciplined, talented.

Nobody could ask you
to work any harder than you do.

But the law is clear,

and rules are rules.

Ms. Lipton is eligible
to compete,

-and the plaintiff's motion
is denied.
-(crying)

(bangs gavel)

(crying)

So you agree, I should move
some of my supply chain

-to the Caymans?
-100%.

-Good. You'll make it happen?
-Today.

And, of course, there are
significant tax benefits.

-I'll leave that to you.
-(chuckles)

Mm-hmm.
So I heard you were showing

my colleague some
of the finer things in life.

Lucca. Yes. She told you?

Yes, your little card game.

Mm-hmm. She cleaned up.

Isn't that fantastic? (laughs)

Well, it would be

if she ever got the money.

-I'm sorry. What?
-Uh, nothing.

I'm probably
speaking out of turn.

She hasn't been paid yet?

Zara, what are you saying?

Why didn't the check go out?

Get her the cash now.

Geraldine.

Oh, don't you worry,
I am calling Tee next.

Okay, here's the deal.

Either you pay Lucca today,

or I start adding a ten grand
late fee every day.

(sighs)

I'm taking care of it.

(laughs)

(both laugh)

There's something
I want to show you.

Adrian. Adrian.

-You should look at this.
-What is it?

Some of Sadie's teammates
went to a private doctor

to test their testosterone
to help her in her case.

I got this from the doctor.

How'd you get this?

I'd rather not say.

There.

We just learned
that there's another swimmer

on the Olympic team
with testosterone levels

-above the limit.
-Which one?

Piper Vega?

No way. Piper's not trans.

I-I would know, I'm like
a mentor. We-we train together.

ADRIAN:
It's not about being trans.

We have the test results,
Melanie.

Are you willing
to go back to court?

Even if it means that Piper
gets kicked off the team?

Why didn't you tell me
you hadn't been paid?

(laughs):
I feel like an idiot.

-It's-it's okay.
-It's not okay.

David filled me in.

Thank you, David.

Actually, I'm glad
he said something

because you were never going to.

I meant to bring it up
at dinner.

But you didn't for some reason?

I don't understand
what's going on.

Suddenly you're tongue-tied,
you're hesitant.

I mean, I know our friendship
is, like, ten minutes old,

but I don't think this is you.

It's not. Usually.

I have no trouble talking about
my clients' money, obviously.

But my own?
It just, it-it feels... wrong.

(chuckles):
Well... get over it.

I don't think I can.

We're friends,
and you have this...

wealth, and it's...

uncomfortable to talk about
or ask about or anything about.

-It's just money.
-Not to people

who don't have it.

Money defines people.

I can't do what you do

or go where you go
or buy what you buy.

That's the great divide.

And it's hard to get over.

-I'm on your side.
-I know.

And I want to be on yours.

Dr. Pell, have you had a chance

to go over the medical records
of Piper Vega?

PELL:
I have.

ADRIAN: What were her
testosterone numbers, please?

She was tested twice.
One was 11.6, one was 12.3.

And the allowable limit
for Olympic eligibility is 10,

-correct?
-Yes. No more than 10.

ADRIAN:
Doctor, what's the basis of
putting a cap on testosterone?

Higher numbers
provide advantages

in athletic performance
related to speed

-and strength.
-Thank you.

Dr. Pell, these advantages
that you speak of,

do they apply to Piper Vega?

No. Piper has a condition

known as complete androgen
insensitivity syndrome.

While the testosterone levels
are that of a cis male,

the testosterone itself
isn't absorbed,

thus provide none
of the relevant benefits.

Uh, counselors, can you approach
the bench, please?

Um, am I understanding that...

Piper Vega is biologically male?

No. All her external secondary
traits are female,

she presents as female,

but her chromosomes are male.

Then what is she?

Clinically, she'd be
classified as intersex.

And does she know that she'd
be classified as that?

As far as we know, Your Honor,
she does not know.

Then I'm assuming
she has female genitalia?

She does.

Any more questions, Counselor?

-I do, Your Honor.
-Okay.

Well, proceed.

Dr. Pell,
you testified previously

that, imperfect
though they may be,

testosterone levels
provide the most accurate

and objective determination
of sex identity

for purposes
of athletic competition.

Is that still the case?

-Yes.
-LIZ: Your Honor,

the International Olympic
Committee, uh, has established

these regulations by which
they now must abide.

It gives me no satisfaction
to argue that this young woman

should be disqualified
from the Olympic team.

(exhales)

(grunts)

Ain't science great?

I'm sitting up here listening
to doctors give expert testimony

about things
I barely understand,

and just because I'm wearing
this black nightgown,

I get to decide
which girl's heart gets broken.

I mean, d-does anybody else
want this job?

Because I sure as hell don't.

Piper Vega, I'm sorry.

You are a lovely young woman

and I hope you find happiness
in your life,

but unfortunately you're...
you're not gonna find it here.

Melanie Evers,
I'm guessing that during

all those cold, early-morning
workouts with your mother,

this is not how you imagined
you'd be going to the Olympics,

but based on standards
that were set by some entity

in some far-off place,
you'll be going.

We stand adjourned.

LUCCA:
David.

Thank you.

For?

Telling Bianca.
I never thought...

Lucca.

When you have money, I get
ten percent for managing it.

That's the only reason
I did that.

-I'm in.
-FRANK: You are?

1,000%.

What about that issue you had?

Ah, I took care of it.

Are you sure?

Frank...
(laughs)

the issue's gone.

We should celebrate.

Anybody feel like a Scotch?

(dog barking in distance)

♪ ♪

(laughing)

Captioning sponsored by
CBS

Captioned by
Media Access Group at WGBH
access.wgbh.org