All language subtitles for The West Wing (1999) - S05E07 - Separation of Powers (1080p AMZN WEB-DL x265 ImE)_track3_[eng]

Previously on The West Wing:

Nobody's happy you lost Carrick.

I do, however, have to take you
out to the woodshed

and whack you
with a two-by-four.

Claudia Jean, you've only
known me for four minutes.

It usually takes people
the better part of an hour

to hate me
and everything I stand for.

Is Angela Blake taking over
Legislative Affairs?

I'm trying
to get through the week.

Did you hear about
the Chief Justice?

What now?
He was presiding over moot
court competition at NYU.

Thought he was
at the real Supreme Court.

We can't start another New Deal.

How about planning
for the old one,

instead of haggling
with Republicans

over how much to cut?

( quiet laughter )

MAN:
Come on, they're-they're
systematically targeting...

WOMAN:
So, you're saying
there's no compelling

government interest?

I'm saying there's
got to be a less

discriminatory way
to pursue it

than frisking every
Tom, Dick and Hamid

with a boarding pass.

MAN 2:
I'll bet you a pickle
that Tom's not an Arab name.

( laughter )

It's Korematsu
all over again.

And there's a reason

Korematsu's never been
overturned.

Okay, you're defending
Japanese internment?

Next you're
going to tell me

Dred Scott got lost
looking for I-95.

It's a loaded gun.

Not this again.

Lisa, the Korematsu case
is a loaded gun,

just-just waiting
for some trigger-happy,

martial law-loving
Solicitor General to come in...

He's right,
he's right.

It's a dangerous
precedent.

Are you going to
finish your chips?

Oh. Salt and vinegar.

I want to live till 30.

See, that's the problem with
potato chips, not enough sodium.

I agree.

So the Court shouldn't consider
the potential for sabotage

a compelling
governmental interest?

It was after Pearl Harbor.

You could argue it was
for their own safety.

Oh, come on.

Let's put you
in a stockade then.

It's a jungle
out there.

Matt?

Matt?

Matt, sir?

I have to do the subcite

before class.

Finish my con law reading.

I-I... I'm
sorry, sir.

I-I don't...

( buzzer sounds )

They're ready,
Mister Chief Justice.

Do you need help

with that, sir?

( gasping )
Helen,

call an ambulance.

Sir?

Do something.

Helen, call
an ambulance!

TOBY:
"Chief Justice
Roy Ashland need not

"be enlarged in death

"beyond what he was in life--
an idealist, not an icon.

"A man, not a monument.

"A believer
in the irreducible power

of the law
to shape our society..."

Okay, but I got
to be careful
about saying "man."

Why, 'cause...?
Oh, come on.

You'd be surprised.
I get letters.

Fine. "Human being," then.

Or do the other mammals
complain?

WILL:
Hey.

Who said you could
come in here?

It's all right.
I'm over the flu.

Oh, you had the flu?

Are we talking about possible

replacements for Ashland yet?

Grandin, Keith, and Toland,

and no, we're not talking
about them.

So if the Vice President
had a few additional names

not to talk about,
where would he offer not to...?

Never mind.
I think I can guess.

Counsel's Office.

I'm leaving now.

He had another
researcher quit.

Wow, what is
that, like...?

The third, since you left.

Let me guess.

She was turned off
by the vow of poverty.

Are you still here?

Flowers say "I'm sorry".

Leave.

Jobs, jobs, jobs,
not tax, tax, tax.

You seem... happy.

Excuse me?

Happy. You know,
the sensation

your fellow mammalians
occasionally experience.

Haffley's treating
the discretionary budget

like a chew toy.

We're about to cave on tax cuts
for billionaires

and who the hell knows

what else Angela Blake
is giving away in there.

But you know what?

We're going to get to appoint
the new Chief Justice.

Breathe new life
into the Constitution.

You know how rare that is?

The last five guys didn't get
to do it.

We're going to shape the future

of jurisprudence--

the laws that sustain
our whole society--

or shove somebody in there

to strike down these God-awful
excuses for laws

the Republicans are passing.

Hey, sorry, but there's news...

Enough already.
Buffalo Bob's not

going to pick the next
Chief Justice.

Neither is the President.

Ashland regained consciousness.

he'll make a full recovery.

And while we're at it, here are
some other things it's not:

a showdown, a stalemate,
a stand-off,

or a textbook example
of partisan gridlock.

Donna?
WOMAN:
The President believes

a compromise can be reached
tomorrow by midnight?

C.J.:
The President has full faith

in the negotiating team...

Do we have any of
those pills left

from that Naval doctor?

Admiral Feelgood?

The cold and
sinus stuff.

The ones that made you sing
all of "Bye, Bye,
Miss American Pie"?

Yeah. It was
Harry Chapin.

Those big blue pills.

Bet you looked cute
on that gurney

when the Airmen had to carry you
off of Air Force One.

C.J.'s makin' that up.

I've got some Echinacea.

No, nothing natural.

I need the industrial strength,

full throttle,
roto-rooter stuff.

DONNA:
Bartram from the Timescalled.

JOSH:
'Bout what?
Budget stalemate.

I don't know anything.

That's what I told him.

I mean, not exactly.

I said you're busy
with, you know, things,

and can't do press calls.

You should've said
I was in the Oval.

Did it occur to you to
say I was in the Oval?

I said you were working
on the President's trip
to Japan.

You're only supposed
to take one.

Stay away
from heavy machinery...

Fortunately, Pa and I
brought in

the last of the winter wheat
yesterday,

so I don't have to
operate the combine.

What happens if we don't
get a budget deal?

Get another
continuing resolution.

See, here's what
I don't get:

every year we take
these budget extensions

like the dog
ate our homework.

The Republican Majority,
but you're close.

How come people
aren't outraged?

The rest of the country
can't take endless amounts

of time to finish
their work.

You're forgetting the beauty
of the federal budget process.

What's that?
No one understands it.

Hmm. Yeah.

Speaker's getting in front
of a lot of microphones.

I just got a call
from a Mel Garber,

said he's a segment producer
for ABC.

Did you take the call?

I didn't know who he was.

He works for
Diane Mathers.

Yeah, I figured that out.

He wanted to know
about my statement

to the Secret Service
the night of Zoey's kidnapping.

The Ecstasy?

Did you talk to
him about it?

Of course not.

I took the guy's name
very politely,

and I hung up
very politely.

What was I supposed
to do?

It's okay. You
did the right thing.

What do I do now?
Nothing.

I've got it from here.
Thanks, Charlie.

TOBY:
He's not returning
the President's calls?

He's in intensive care.

I don't think they have
a lot of phones in there.

Intensive care?
I thought it was...

CNN said it
was exhaustion.

Yeah.

So how do we
know he's not...

We don't.

He's 84.

So? My grandfather
lived to be 90.

My grandfather lived
to be 96,

but the last 20 years,
he thought the Hapsburgs

still lived in a
big palace in Vienna.

How long before this
gets dangerous, Leo--

before we've got a
cadaver up there,

ruling on when life begins?

We're talking about
a lifelong ally
of the President's.

We're talking about
an empty robe,

and I don't like this
any more than you do.

If Roy Ashland were a
religion, I'd convert...

but what happens if we wait
until he's senile

or ends up in a coma?

Then what?

We-we go to a Republican
Congress to-to impeach?

Haffley will never do that.

He'll leave Ashland
on a respirator

until one of their
guys gets to wear
the windbreaker

on Air Force One.

WILL:
How are the budget
negotiations going?

They were in there
until midnight,

back this morning at 6:00.

And?
Apparently they're closer
on maritime subsidies.

Is she in
over her head?

It was already a mess.

Angela's going to make
the best deal she can

and try to get us out of there
in one piece.

If the Chief Justice won't take
the President's calls,

maybe we need to send someone
over there.

What, just show up
with a bunch of balloons

and some peanut brittle?

It's time to get Ashland
off the bench, Leo.

There's this thing
called the Constitution.

It's a nagging
little document,
I'll grant you, but...

What's this about you breaking
somebody's coffee mug?

What?
Personnel says another one
of your researchers quit,

that you broke her mug.

It was a ceramic hippo.

It got in the way
of a misfiled copy

of the Congressional Record
I was...

You were re-filing
with your throwing arm?

Can we get back
to the Chief Justice?

No. What is this,
the fourth researcher
this month?

Third.

MARGARET:
Leo, he's ready for you.

Well, stop
breaking things.

I don't need the victims
of Hippo-gate filing
class action suits.

It's going to be
a brisk 42 tomorrow.

Time to break out
that Irish fishing sweater

that C.J. says makes me look
like an Irish fisherman.

Oh, no.

I'm past
the infectious stage.

Excuse me,
sir, if I may.

This Diane Mathers interview...

You still have a problem?

Yes, I do. I've been making
some calls...
Abbey thinks it'll be fine.

Yes, sir, but...
!
I think so, too.

Where's Angela, Leo?

They were here
most of the night,

came back first thing
this morning.

She knew this was at 10:00?

She'll be here in a minute.

What else?
TOBY:
Sir, the Chief Justice

still isn't returning calls.

Yeah, I tried him
a couple of times.

They're saying it
was exhaustion now?

Yes, sir,

but we can't get anyone
to confirm it-- his doctors

are referring us back
to his office.

Roy was a great
friend, a great man.

If his medical
condition prevents him

from performing
his duties as...

He's the best judge
of his capacities.

( Josh snorts )

Sorry, I just took

these sinus stuff--
I think I just lost

the hearing in my-my left ear.

( sneezes )

Oh, for God's...

God bless you.
It's all right,
I'm not getting it.

I'm actually
getting over it.
I'm completely over it.

Sorry to be late, sir.

So, where are we?

Very close. $50 billion,

but the Speaker
will only give us

the college tuition
tax deduction

if we reduce capital
gains taxes by 50%
and accept a 10%

corporate rate cut
in our stimulus plan.
Mr. President,

I know this is painful,

but if we offer
to drop deductible tuition,

I think we can get them
to drop cap gains

and leave our stimulus.
Excuse me?

What are we
talking about?

The proposed deduction.
When was

tuition put on
the table?
It was a major

campaign promise.
It was one of the centerpieces
of our re-elect.

Josh... you're just
going to sit there?

You got to trust the
person in the room.

Can we do this,

Angela?
Yes, sir.

Without the deficit

topping $200 billion?

Mm-hmm.

Then everything else
is on the table.

Thanks, everyone,
that's it.

$200 billion deficit,
and Haffley wants tax cuts.

Take away a few zeros, and he'd
pass for a mob accountant.

I'm sorry,
Mr. President,

but I don't think Zoey
should do this interview.

The Diane Mathers

thing again?
Charlie got
a phone call

from one of
Mathers' producers.

They've got his statement
to the Secret Service

about Zoey considering
taking the Ecstasy,

and I think they might have
Jean Paul telling his side

Diane Mathers is
very good at her job.

Sir, if you won't
let me cancel it,
at least let me

go up there and make
sure she's prepared.

Run some interference.

LEO:
Take the
earliest flight

up tomorrow.
Thank you,
Mr. President.

If you'd like, sir,

you could travel
up with C.J.

We could check
with advance.
And Abbey...

Who's going to check
with her?

On the Chief Justice...

Mm-hmm?
The Chief...

do you think we
should try to...
Yeah.

It's time.

Thank you, sir.

Leo?

Do it delicately.

Josh,

you got a second?

I need to get out
a counteroffer by
this afternoon.

The guys at OMB say
you have all the
current budget docs,

Treasury breakdowns,
revenue forecasts.

Yeah, we started
a couple months ago.

Be great if I
could get it

and borrow a body to
help me slog through it.

I've got the governors
coming in

on emissions standards,
the Japan trip...

PAD's at OMB say there's
somebody named Donna,

knows the docs inside out.

I'd owe you a hell
of a swordfish
steak at Kinkead's.

Donna Moss. Okay. Sure.

You're a prince.

You looking for me?

MARGARET:
The Labor-H folks
are waiting

in the Roosevelt Room.

Deductible tuition?
What's next?

We could save a few bucks
if we shuttered the East Wing,

turn the South Lawn
into the mother
of all garage sales.

We're looking at
our third CR.

It's process, Leo;
two months from now,

no one'll give a damn
about continuing

resolutions...
You wanted more
responsibility.

What about it?

The Chief Justice.

The President
knows it's time.

It's not so simple.

That's why I'm
giving it to you.

We can't force him
to resign.

Yeah. No, we can't.

Hey, Joe.

Hey, Toby. How you been?

Good. You?

Fine.
You used to clerk

for the Chief Justice.

That's interesting.

Is it?

I don't know-- I mean,
if you find it interesting.

It's just I've never
heard you mention it.

The guys around
here with two bit
appellate clerkships

staple it to
their foreheads.

I can't do it, Toby.
I'm sorry.

You haven't heard
what I'm going to say.

You want me to do
the approach about
getting him to resign.

I didn't say that.
I can do the math.

You've got a limited
amount of time

to pick the next guy
and get him confirmed

before the midterms
politicize everything,

but I work for you.

It's a question
of propriety.

I see.
Do you?

The White House
can't be seen

as pressuring a
Supreme Court Justice

to change his
breakfast order,

let alone resign.

Separation of Powers.

I see.

You say that,
but in a way

that makes me wonder
if you really do.

The President sets the
direction of the court.

I've read the
Constitution, too.
He sets it when

there's a vacancy.
You don't have to
ask him to resign,

only to sit down
with the President.

You're talking about a guy

that stood up
to six administrations,

22 Congresses,
and at one time or another,

had half the country
ready to lynch him.

You think a former clerk
can pry him loose?

I've got a meeting
at the OEOB.

DONNA:
What am I, chattel?

There's a request
for everything we've got

on the budget
from Angela Blake's office.

Yeah, I authorized it.

You did?

Yeah.

You know,
they've also asked me

to go with the files--
a living index,

if you will, for
Angela Blake.

We can call her Angela now.

You authorized
that, too?

Sure.

Hamurashi ever get
specifics...

On the trade
bill? Right here.

C.J.:
The NEC Chair

can brief in my place
on budget negotiations,

I need HHS
public affairs,

DPC, Toby, and Will
to walk him through
the talking points,

any key developments
on the Hill.

I have to phone AP
and The Post--

hey, Charlie-- 'cause I'm still
playing catch-up

for leaking that
exclusive on DoD
Approps to The Times.

Carol?

She's not out here.

I was just talking to...

I didn't know if I was
going to see you again
before you left.

Can you give this
to Zoey?
I love Macy Gray.

Zoey's been in a solo-
whispery-female-acoustic
kind of rut right now.

I'm trying to get
her to listen to
something with drums.

How 'bout some
John Philip Sousa?

Drums, but not so
much with the batons.

My mom used to watch
Diane Mathers all the time,

when she had that talk show.

She seemed nice,
sympathetic, sincere.

This is the woman

who gets dictators to cry,

talk about their love
of puppies and mama's cooking,

confess they had
the concentration camps built

because they couldn't get
a date for the prom.

Zoey's going to
be fine, you know.

So everyone keeps saying.

President hasn't changed
his mind about coming?

No.

I thought he would
in the end.

ANGELA:
They came up with it in a bar?

DONNA:
Yeah, it was that
or the hops deduction.

There was this guy
named Matt Kelly,

and he was making $55,000
a year.

His daughter
got into Notre Dame.

So?

So the Move-It-To-Bermuda
Corporation

gets a deduction
when they buy off their CEO

for a hundred million.

Why not pass a break
for guys like Matt?

You don't think so?

If his daughter
needed braces,

would Josh and Toby
have come up with a plan
for universal orthodontia?

Not a chance, huh?

We can still get tax
deductible tuition.

We can get a
lot of things.

You got to get them
to give it, that's all.

How do you think
we're doing?

Me? I'm not the...
You're an
American citizen.

You pay taxes, consume
government services.

I think...

our side's done a bad job
explaining why

what we're fighting for
is important.

It's not about
abstract programs

and endless acronyms,
but real things

that affect real people,
like affording college.

You talk to Josh
about that?

We both going to
the ONDCP briefing?

No, we're going in here.

Gee, Toby,
people are going to talk.

I'm... curious.

It wouldn't be for the obvious
reason, would it?

What's the obvious reason?

You're a conservative.

Maybe you'd love
to see him stay on the bench--

a liberal icon reduced
to a quivering mass

of octogenarian confusion,

Hold on...
hanging on till he can
be replaced

by a paleo-Republican.

Constitution's
a living document.

You-you stick to it

like it's
a boilerplate lease.

You don't know what
the hell you're
talking about.

Okay.
!
Every year he
likes to hire

a conservative
clerk to argue with,

and arguing with him helped me
clarify the things I believe in,

and one of those things
is an independent court

above party or interest.

He has memory lapses,

drifts during oral arguments...
He has his good
and bad days.

The Associate Justices
are already

postponing decisions,
holding over important cases,

going behind his back
to assign opinions.
You don't know that.

Yeah, I do!

There's no one else
left, Joe.

He's outlived his wife,

his son shot down
over Hanoi. I...

It's just his clerks.

Clerks like you.

You can't do anything.

Let's go over there
together

right now, you and me.

To the hospital?

He'll see you.

You tell me he's okay,
and I'll call off

the vultures.

( elevator dings )

Hey, Lisa. You catch
the night shift?

6:00 to midnight.

Steve's coming in to
handle the overnights.

This is Toby Ziegler.

Toby, this is Lisa Zimmer,
one of the Justice's clerks.

Sure, I've seen
you on Crossfire.

I hope you won't be
offended, Mr. Ziegler,

but we're keeping
it to family only...

you know, friends,

colleagues.
I just came along
to keep Joe company.

I saw a coffee cart
down in the lobby.

You want anything?
I'm good.

Lisa?

I'll be downstairs
when you're done.

So?

I don't know what
they've told you,

but he always bounces back.

Joe...

He always does.

( machine beeping )

Sir?

Mr. Chief Justice?

I gave him
the President's regards.

And what did he say?

How is he?

Was he coherent?

You know why
I didn't want it to spread

that I used to clerk
for him?

Because I knew that someday,
somebody like you

would come to me and ask me
to do something like this.

So, he's all right?

You guys,

you think it's
all a game.

You're treating the
Court like it's

Tammany Hall gone national.
And your side
does it better?

Pushing neo-conservatives
in swaddling clothes,

hoping they don't grow
a conscience,

let alone a meager understanding
of jurisprudence?

Maybe we could
all do it better,

but there is
such a thing called
judicial independence,

a lifetime appointment.

He's still alive,
so he gets to decide
when it's time.

What did he say...

or can he even speak?

He's fine, Toby.

He was up... joking.

He'll be back in chambers
in a couple of days.

Hey, how you feeling?

Good!

The... President's
Osaka remarks

on opening Japan's
microchip market

and complaining about
autos and flat glass.

Flat glass. Excellent!

It's a new thing
I'm doing.

Kind of positive
attitude thing.

Just thought I'd check

to see if you needed anything.

Donna's still helping Angela.

Still?
Yeah. I guess
the negotiations

went pretty late after 2:00--
they're due

to resume in
about 20 minutes.

Donna's in the budget
negotiations?

I guess.

Outstanding!

How's it going?

( clears throat softly )

I think I'm coming down
with something.

I'm sorry.

You say that,
but in a way

that makes me wonder
if you really are.

I can still feel it,

you know?

The first time I ever got called
into his office and yelled at

about something he'd read
in my Law Review note.

He'd read my Law Review note.

And all I could think was,
this is the guy.

He's why a cop has to read
a criminal his rights.

He's why a couple of mixed race

can get married
in the state of Texas.

I spent three nights as a One-L,

trying to pick apart
his Baines v. U.S. Steel.

I couldn't do it.

I was in a room
with Ashland once.

I was a student...

( sniffles, clears throat )

at City College.

The Student Organizing
Committee got him
to give a speech

on the history
of voting rights.

We were hanging
from the rafters.

I talked to him after.

I mean, he wouldn't remember me.

But I spent the next six weeks
organizing

a voter registration drive
in Bed-Stuy and Bensonhurst.

You know, when you go
out west how they say...

don't miss the
Grand Canyon--

it's one of the few
things in life

when you actually see it,
it doesn't disappoint.

That's Roy Ashland.

He was unconscious
last night.

Never came out of it.

Never said a word.

( sighs )

I don't want to
see him gone, Joe.

I want nine Ashlands
on the court.

I just...

I just wish he was
40 years younger.

C.J.:
Diane likes
to keep things warm,

casual, but she'll try
and zing you

with some indirect attribution,

like "People say..." or
"There's a rumor that..."

For example?

There's a rumor
that you're seeing
a therapist.

You don't have to answer that.
If you don't
answer,

she'll just wait, like
an infinitely forgiving,

infinitely compassionate cross
between the Virgin Mary

and a schnauzer.

ABBEY:
It's nobody's
business...
Mom...

I want to answer.

Yes, I'm seeing
a therapist.

Okay.

I couldn't have dealt with this
completely on my own,

and I've had lots of support
from friends and family,

but... I also needed help.

I've gotten some, and it's...

you know... been good.

"The help's helped."
Great.

I'll use that. Thanks.

Zoey, we need
to take a moment

and talk about that
night at the club

with Jean Paul.

Had you agreed
to take drugs?

Excuse me.

What's going on?

We had a bit
of a breakdown.

If "breakdown"
is the word.

Works for me.

What happened?

They don't want a deal
is what happened.

The capital gains cut.

They came back
and said

it was not negotiable.

They even want
to make it bigger.

JOSH:
So, uh, what now?

Another continuing resolution,
till Christmas this time.

JOSH:
You got to be kidding.

You let it drag
on that long,

they'll try to defund
the Yule log.

It gets better--
they're not willing

to continue funding
at the current level.

and Homeland Security.
How could this happen?

LEO:
Josh...
No, Leo, how is

this acceptable?
Haffley's not

the prime minister.

You take this to the President,

you know what
he'll say?
He'll say yes.

How can you say that?
To keep the lights on,
to make sure

a couple of million government
employees keep getting paid.

It's two more months.
This isn't
governing.

It's duck-and-cover.

He'll say that, too.

JOSH:
At least be...

What?

I don't know. Embarrassed.

DONNA:
It wasn't her.

What?

You know the hand
she was dealt.

You saying it was me?

No. I'm saying we may
have won in a landslide,

but we didn't take
congress with us.

And now it looks like
we're not taking the
country with us,

and the other guys know it.

I've got to get back to work.

It's nice
when you make new friends.

You know all this time
she's been fighting for you--

for you and your plan
to send everyone to college.

It's not a bad plan.

No. They didn't
think so, either.

I even think they wanted
to go along with it,

run ads they voted for it.

But we'd have had to squeeze
Medicaid, the EITC.

Poor people paying for
college kids and Wall Street.

I don't think Jed Bartlet
would sign off on that.

I got you till Christmas.

( soft, steady beeping)
(door opens )

Sir?

Mr. Quincy.

( sighs )

Back to argue Mimoud...

v. Transportation

Security.

Suspect class, strict scrutiny.

No, no, no, you work
for the President now.

It'd be ex parte.

I'm glad to see you

doing better, sir.

This just a... social visit?

No, sir, it's not.

The President sent you?

Yes, sir, he did.

I think it's time
we called each other

by... our first names...

Joe.

Don't you?

Yes, sir...

Mr. Chief Justice.

( laughs weakly )

Now what?

Another continuing resolution
to take us through the holidays.

So now we won't
have a budget

until we're up against
the State of the Union?

Anything on Ashland?

He's coming over
to see the President.

When?
Now.

You're kidding.

I just got off the phone
with Joe Quincy.

MARGARET:
President's ready.

Well, that's great.

Leo.

We gave away college tuition
for nothing.

Good work on
the Chief Justice.

( door closes )

ZOEY:
I don't think anyone

should try and go through
something like this alone.

And has it helped?

Yes.

The help's helped.

A lot.

I think we can all see that.

Good. I'm glad.

DIANE:
Zoey, I know
this will be difficult...

but what happened
that night at the club

with Jean Paul and the ecstasy?

Now, he says that you...

ZOEY:
I know what he says.

DIANE:
You sound angry.

ZOEY:
I am angry.

And the only thing I can do,

the only thing any of us can do,

is tell the truth
about what happened to us

and try to find a way
to live with the shame and...

self-doubt that comes
from having trusted someone

who then betrayed you.

DIANE:
Is there anything

you'd like to say to Jean Paul
if you had the...?

ZOEY:
Oh, no.

DIANE:
I think all of us
can understand.

ZOEY:
Thanks.

( whispers ):
How much longer?

She'll be wrapping up.
That was her big gun.

Thank you.

She did well.
You did an excellent job.

You, too.

It's what she needed,
time up here.

I meant, you've raised a
remarkable young woman.

Oh...

she was always
Jed's little girl.

Mrs. Bartlet...

may I say... we miss you.

That's very kind.

Please don't be offended
if I say I don't miss you.
( laughs )

It's been very busy--

the budget, Japan
in a few weeks,

and the Chief Justice...

We get newspapers
up here, C.J.

You don't have to apologize
for him not coming.

I asked him not to.

( thunder crashes in distance)

He's just getting off the phone
with his daughter.

I'll let him know
you're here, sir.

Please.

Oh, no.

I can walk.

( footrests clanking )

Mr. Chief Justice.

Thank you.

I didn't do it for you.

( thunder crashes )

Chief.

My God, Jed,
you look terrible.

Yes, well, there's
something going around.

Oh. Yeah.

I'm glad to see you
doing so well, sir.

Are you?

Yes, I am.

Can you do it?

I don't want to,

but if it's time,
if your condition warrants.

Who would you get to...
replace me?

I'd hope to
consult with you.

Holmes.

Holmes?

Oliver Wendell.

Marshall.

John or Thurgood,
either one.

I want

Brandeis...

Blackmun...

Douglas...

But you can't get them,
can you?

Because it's all
compromises now.

The ones who...

have no record of...

scholarship...

no body of... opinions,

nothing you can
hold them to,

that's who
they'll confirm.

Raging mediocrities.

The other eight are
preparing to take it
away from you, Roy.

Holding over cases,
the major decisions.

How long

can the country wait?

My clerks are preparing
a brief.

There's an Arab-American man--

Mimoud.

Grabbed out of a line

at the airport.

What's next?

Tribunals? Identity cards?

Bar codes tattooed

on our forearms?

Then give me a name.

Daniel Robinov,
New York State Supreme Court.

Susan Bengalli,
Ninth Circuit.

But they won't confirm them,
will they?

( chuckles )

I have good days and bad,

but on my worst day,
I am better

than the amped-up
ambulance chasers

you could get confirmed
by this senate.

You can't do it, Jed.

You're not strong enough.

The speaker's
running the table,

and I can't take a chance.

( thunder crashes )

They're here.

They all here?

Yeah.

Go.

Go.

( thunder crashes )

Mr. Speaker...
who'd have thought, huh?

Mr. Vice-President.

President's finishing
up a meeting.

He'll be right in.

Any word on
the Chief Justice?

That's the meeting.

He's in
the White House?

Came straight from
his adjustable bed.

Man's a force of nature.

Hello.

Bob.
Mr. President.

Mr. Speaker,

Senator...

ROYCE:
I want to thank you,
Mr. President,

on behalf of my colleagues.

None of us think
this is a perfect deal.

No one likes to see

the sausage made,

including the guys
who make it.

But this is an expression
of-of willingness by both sides

to keep all avenues open

to an eventual
resolution.

Yes. Thanks, Robert.

And thanks for saying it
this time.

I think I had to make
that little speech
the last time around.

( chuckling )

Or maybe
the time before.

This is our third CR,
our third time

coming up short.
We got to do better.

The people aren't paying us
to duck the hard choices.

You want to run through
the details, Angela?

ANGELA:
An act of Congress,

a continuing resolution
to extend no later

than January 3,

midnight, to include
a reduction

by one percent...

HAFFLEY:
Excuse me,
Mr. President,

I'm sorry, there's
been a change.

I know we talked about

a one percent cut.

It's going to have to be three.

ANGELA:
Mr. Speaker,
nothing like this

was even mentioned,
much less...

Hold on.

but we just came
from our conference,

and I had significant opposition
to only one percent.

Only one percent.

Yes, sir.

We had a deal
at one percent.

But now my members
have to go back
to their districts

for the holidays,

explain why we kept
the gravy train running

with a rising deficit
and an economy crying
out for tax relief.

It's an economic situation
that calls for action,

not status quo
spending.

Now, three percent

may sound painful,
but it's only for two months.

It'll show we're serious.

( thunder crashes in distance)

What's next?

Sir?

In two months?

Five percent? 50?

How many rounds
do we go, Jeff?

I'm just asking.

There is no next, sir.

I mean, not to
get too technical,

but this government runs
out of money at midnight,

and my guys
have gone home.

This is it.

No.

There is no altering this offer,
Mr. President.

And I said "no."

Let's be clear, sir.

We cannot...

we will not vote

to keep on footing
the bill.

You will be held
responsible

for shutting down
the Federal government.

Then shut it down.