1
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Previously on For the People.

2
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This is your home. Your kitchen.

3
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- Food.
- Not that, that's Seth's.

4
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Your listing said

5
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"One-bedroom apartment,"

6
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nothing about sharing.

7
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My mother came by for lunch
and wanted to say hi.

8
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I hope my son is doing
an adequate job for you,

9
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but if he's not,
promise you'll never show him

10
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any special favor just because of me.

11
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Deal. If anything, I'll make it
even harder on him. How about that?

12
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Prison isn't the answer for everything.
Have some compassion.

13
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I have compassion for people
who follow the rules.

14
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Did you ever break a rule?

15
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For which you didn't pay
the appropriate price?

16
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Has that ever happened?

17
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You could be a good lawyer.

18
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What did I get? You
said, on the first day,

19
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"Get something."

20
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You got beat.

21
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And now you got to get up.

22
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Dani Rios.

23
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Dani Rios.

24
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26, ex-military,
now a government contractor

25
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working for the NSA
in intelligence analysis.

26
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You see where this is going?

27
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- She's a whistle-blower...
- She's a thief...

28
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...who allegedly leaked
documents revealing

29
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that the NSA has been illegally accessing

30
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confidential medical databases

31
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in order to identify
undocumented Americans.

32
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...who stole highly-classified
government files

33
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jeopardizing an important
national security initiative.

34
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She sent the documents
to a fringe left-wing website.

35
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The mainstream media.

36
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- The documents haven't been published.
- ...yet.

37
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But there are rumors
of the programs existence.

38
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If I were to guess... I am certain...

39
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- ...Dani is an idealist...
- ...a punk...

40
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- ...well-intentioned...
- ...sanctimonious...

41
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- ...misguided...
- ...entitled...

42
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- ...in over her...
- ...swollen head.

43
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I'm giving this case to you, Sandra,

44
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because I think you can
connect with her...

45
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I'm giving this case to you, Littlejohn,

46
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because I know you'll want
to crush her...

47
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...because you understand
the rule breakers.

48
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...because you believe
in the rule of law.

49
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- Do your best.
- Win.

50
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Taj Mahal?

51
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No.

52
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Do you know how long it took me
to get here on the train?

53
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You took the train?

54
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45 minutes.

55
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It takes 45 minutes.

56
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You're nervous, aren't you?

57
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It's my first sentencing.

58
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Oh, well, you're gonna do great.

59
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- Is this your new case?
- Mm-hmm.

60
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Okay, now I'm nervous.

61
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I've read your sentencing brief.

62
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It's superb.

63
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Y-You always do this.

64
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Not that. This.

65
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You're up against Kate Littlejohn.

66
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- So what?
- Not so what.

67
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Talk to Jay. Definitely not "so what."

68
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Hey.

69
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- I'm busy.
- I thought you'd like to know

70
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that things are getting better
with me and Ezra.

71
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My Airbnb roommate.

72
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We worked out this, uh...
shower schedule.

73
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As long as I'm in by 5:00, I can
stay in there as long as I want...

74
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literally as long as I want.

75
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I negotiated that.

76
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So... that's pretty cool.

77
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Do you need something?

78
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Just wanted to say "hi," good morning.

79
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I'm glad you showered.

80
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I just have this new case,
and it's a lot.

81
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This partner in my old law firm
once told me

82
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the first thing you do
when you get a case

83
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is find out who opposing counsel is.

84
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Most of the time, it's some deadbeat,

85
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and then you feel better about yourself.

86
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Opposing counsel is Sandra Bell.

87
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So that partner's advice
was pretty bad all around.

88
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You're gonna tell the judge
my uncle gave me that gun

89
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after our apartment
got broken into twice?

90
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Yes. Everything is in our papers.

91
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And those kids who stopped me and
little brother that day are in a gang.

92
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I bought the gun just
to get them to back off.

93
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I would never hurt anyone,
but I got to protect Donovan.

94
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We've only got each other.

95
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I know, Keenan. I know.

96
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But you did plead guilty
to possession of a firearm.

97
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We have to be prepared
for some jail time.

98
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If I go away for too long,

99
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I don't know what'll happen
to my mom and Donovan.

100
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- I take care of them.
- Judge Barish will factor all of this

101
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into her sentencing determination.

102
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She's reasonable.

103
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I've reviewed the pre-sentence report,

104
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and I have both of your briefs.

105
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I'm prepared to impose my sentence.

106
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I do want to inform you
that I'll be utilizing

107
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the Greene-Haot risk-assessment
software, EVALUATE,

108
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to assist in determining
the appropriate sentence.

109
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Software?

110
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An algorithm that makes a determination

111
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about the defendant's
potential recidivism.

112
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Many courts across the country
are already utilizing this tool.

113
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I'm sorry, Your Honor.

114
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Can the court educate counsel

115
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on what factors go into this algorithm?

116
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There are a lot of factors,

117
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but the exact formula is proprietary.

118
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What we do know is that
this technology promises

119
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to bring uniformity and fairness
and scientific discipline

120
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to an area of law that has always been

121
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arbitrary and capricious.

122
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This is a good thing, Ms. Adams.

123
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You're asking my client
to simply have faith

124
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that this program is fair?

125
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I am not asking you
or your client anything.

126
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I am telling you how I plan
on determining this sentence.

127
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If you need faith in something,

128
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have faith that I've been
a federal judge for 17 years

129
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and I know what I'm doing.

130
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Respectfully, Your Honor,

131
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I'd like the opportunity
to address the court

132
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on the software before sentencing.

133
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I'll give you one week
to prepare an argument.

134
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We're in recess.

135
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You went up against
Kate Littlejohn, right?

136
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Why would you say that name
in this office?

137
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This is a safe space.

138
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What's the problem with her?

139
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You ever go to a movie
and there are, like,

140
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two people talking right behind you

141
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and they're ruining your movie
and you're like,

142
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"Mm! I really want to say something,

143
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but I'm scared
they're gonna dog-pile me"?

144
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And then some other person
just says, "Hey, shut up!"

145
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And the people talking shut up,

146
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and you're really grateful
for that person

147
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and wondering why you were so wimpy,

148
00:06:37,604 --> 00:06:39,038
but then you start worrying

149
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that person who told them to shut up

150
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is now gonna yell at you about something,

151
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and you realize that person

152
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is the person that really scares you?

153
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That's Kate Littlejohn.

154
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She's intense and uncompromising,

155
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and she instills in you
an incalculable fear...

156
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and dread.

157
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I think you might not have
the same issues I did, though.

158
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You went up against Sandra Bell, right?

159
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And won. Why?

160
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She's opposing counsel on my next case.

161
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Did you get the leaker case? Don't
tell me you got the leaker case.

162
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O... kay.

163
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Did you get the leaker case?

164
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Yes.

165
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If it was anybody but you,
I'd be annoyed.

166
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- You're annoyed.
- Super-annoyed.

167
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Roger's punishing me
for bringing my mom here.

168
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Tell me about Sandra.

169
00:07:19,813 --> 00:07:22,148
She's self-righteous,
passionate, in your face.

170
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I don't like her. I don't
like what she represents.

171
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I don't like who she represents,
and if I ever got arrested,

172
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she'd probably be
the first person I'd call.

173
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I can cancel my date tonight
and work on this with you.

174
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I don't want you to cancel your date.

175
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You sure?

176
00:07:34,495 --> 00:07:35,962
- Yes.
- Oh.

177
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I'll be thinking about you
the whole time.

178
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High-profile case, Kate Littlejohn.

179
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The press is gonna have
a field day with this.

180
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It's important. It's not high profile.

181
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You know what they're doing, right?

182
00:07:51,779 --> 00:07:53,813
They're accessing hospital databases

183
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without patients' permission.

184
00:07:55,482 --> 00:07:58,151
They say it is an anti-terror program,

185
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a-a way to find people
who are off the grid,

186
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but they're not using it
to find terrorists.

187
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They're using it to deport people,

188
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regular people,

189
00:08:06,360 --> 00:08:08,795
people who were brave enough
and hopeful enough

190
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to leave everything they knew
and come here.

191
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I was trying to do the right thing.

192
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I know you were.

193
00:08:14,701 --> 00:08:17,136
But it may have been the
right thing at the wrong time.

194
00:08:17,171 --> 00:08:19,839
The government is aggressively
prosecuting leakers right now.

195
00:08:19,873 --> 00:08:21,174
They're gonna try to punish you.

196
00:08:21,208 --> 00:08:23,109
I believe our best chance
is gonna be to try

197
00:08:23,143 --> 00:08:25,278
to negotiate with the government
for a deal.

198
00:08:25,312 --> 00:08:27,647
You face decades in prison
if you get convicted at trial.

199
00:08:27,681 --> 00:08:30,116
A deal, I might be able
to get it down to five years.

200
00:08:30,150 --> 00:08:32,852
I never thought I'd end up in here.

201
00:08:32,886 --> 00:08:34,120
In jail? Me?

202
00:08:34,154 --> 00:08:35,822
Two tours in Iraq,

203
00:08:35,856 --> 00:08:37,824
and now I'm an enemy of the state,

204
00:08:37,858 --> 00:08:39,586
all over the news.

205
00:08:40,194 --> 00:08:42,161
You're not all over the news.

206
00:08:43,697 --> 00:08:45,364
We never sent out a press release.

207
00:08:45,399 --> 00:08:46,966
'Cause we didn't want any press.

208
00:08:47,000 --> 00:08:49,502
Isn't the point of prosecuting
a leaker to send a message?

209
00:08:49,536 --> 00:08:51,070
No, the point of prosecuting a leaker

210
00:08:51,104 --> 00:08:53,206
is to stop the leaking
of classified information.

211
00:08:53,240 --> 00:08:56,042
The more we talk about it, the greater
the risk that information gets out.

212
00:08:56,076 --> 00:08:57,243
Well, I think it was a mistake.

213
00:08:57,277 --> 00:08:59,679
Burying this makes it look like
we're hiding something.

214
00:08:59,713 --> 00:09:00,746
We are.

215
00:09:00,781 --> 00:09:03,082
Well, if I was on the other side,

216
00:09:03,116 --> 00:09:04,550
I'd do something with that.

217
00:09:05,610 --> 00:09:07,353
They never issued a press release.

218
00:09:07,387 --> 00:09:09,021
Because they didn't want any press.

219
00:09:09,056 --> 00:09:10,423
- Why?
- My guess?

220
00:09:10,457 --> 00:09:12,258
Dani's a highly sympathetic defendant.

221
00:09:12,292 --> 00:09:14,760
If her story gets out,
people will be mad,

222
00:09:14,795 --> 00:09:15,862
and then they'll be more interested

223
00:09:15,896 --> 00:09:18,064
in the very thing the government
was trying to protect.

224
00:09:18,098 --> 00:09:19,498
That puts pressure on the government

225
00:09:19,533 --> 00:09:21,033
to reveal more about what happened.

226
00:09:21,068 --> 00:09:23,502
To drop or at least reduce
the charges against Dani.

227
00:09:23,537 --> 00:09:25,571
You're gonna do this, aren't you?

228
00:09:25,606 --> 00:09:27,342
Unless you tell me not to.

229
00:09:28,242 --> 00:09:31,410
24 hours ago,
the FBI arrested a young woman

230
00:09:31,445 --> 00:09:32,912
for telling the truth,

231
00:09:32,946 --> 00:09:35,081
that in the false name of anti-terrorism,

232
00:09:35,115 --> 00:09:37,884
the United States government
has been illegally accessing

233
00:09:37,918 --> 00:09:41,020
the confidential medical records
of millions of Americans

234
00:09:41,054 --> 00:09:44,624
in order to identify and deport
undocumented immigrants.

235
00:09:44,658 --> 00:09:47,426
The government tried
to keep this program a secret,

236
00:09:47,461 --> 00:09:50,263
and now it's trying
to keep this arrest a secret,

237
00:09:50,297 --> 00:09:51,464
but this is America.

238
00:09:51,498 --> 00:09:53,366
My client's name is Dani Rios.

239
00:09:53,400 --> 00:09:56,068
She's a hero. Not a criminal.

240
00:09:58,939 --> 00:10:05,723
Synced & corrected by -robtor-
www.addic7ed.com

241
00:10:16,277 --> 00:10:17,611
Damn.

242
00:10:17,645 --> 00:10:19,713
Damn!

243
00:10:19,747 --> 00:10:21,381
You broke my brain.

244
00:10:21,416 --> 00:10:23,584
You literally broke my brain.

245
00:10:28,990 --> 00:10:30,824
Gotta go. Find my clothes.

246
00:10:30,859 --> 00:10:32,693
Everything okay?

247
00:10:32,727 --> 00:10:35,529
Work stuff. I have to be in Brooklyn.

248
00:10:35,563 --> 00:10:38,632
- Why?
- Because it's where I work, Brooklyn.

249
00:10:38,666 --> 00:10:41,631
- Yeah, what's the case?
- Can't say.

250
00:10:41,665 --> 00:10:43,604
I'm Southern District, you're Eastern.

251
00:10:43,638 --> 00:10:46,406
- We're family.
- That's messed up.

252
00:10:46,441 --> 00:10:47,474
You broke my brain.

253
00:10:49,143 --> 00:10:50,978
Bart McKenna.

254
00:10:51,012 --> 00:10:52,579
The Bart McKenna?

255
00:10:52,614 --> 00:10:55,749
$100 million Ponzi-scheme Bart McKenna?

256
00:10:55,783 --> 00:10:57,584
Saw the story broke yesterday.

257
00:10:57,619 --> 00:10:59,553
Yeah, we were scrambling to
make a case, and then he ran.

258
00:10:59,587 --> 00:11:01,455
Slipped town last night on a cruise ship,

259
00:11:01,489 --> 00:11:03,624
except his ship stalled in
the middle of the Hudson River.

260
00:11:03,658 --> 00:11:05,292
And as soon as we can get it
towed to Brooklyn,

261
00:11:05,326 --> 00:11:07,261
I'll be waiting there with the FBI.

262
00:11:07,295 --> 00:11:09,563
Which is why I have to go to Brooklyn.

263
00:11:09,597 --> 00:11:11,765
Congratulations. That's huge.

264
00:11:13,768 --> 00:11:15,068
This is our secret.

265
00:11:15,103 --> 00:11:16,637
Mm-hmm. Which part?

266
00:11:16,671 --> 00:11:18,605
All of it.

267
00:11:24,846 --> 00:11:27,295
Bart McKenna's on a boat.

268
00:11:28,149 --> 00:11:30,617
Is this that game where
I add a sentence to yours

269
00:11:30,652 --> 00:11:32,252
- and we make a story?
- The Ponzi guy...

270
00:11:32,287 --> 00:11:33,987
He's stuck on a cruise ship
in the middle of the Hudson.

271
00:11:34,022 --> 00:11:35,255
Eastern is trying to make that case.

272
00:11:35,290 --> 00:11:36,490
Yes, but they haven't yet.

273
00:11:36,524 --> 00:11:38,725
And he's incorporated in Manhattan.
Several of his victims are here,

274
00:11:38,760 --> 00:11:40,861
so if I get that boat to dock
in Manhattan,

275
00:11:40,895 --> 00:11:42,596
we can claim venue as much as they can.

276
00:11:42,630 --> 00:11:43,664
You're trying to steal this case?

277
00:11:43,698 --> 00:11:45,265
Trying to get off the bench,

278
00:11:45,300 --> 00:11:47,334
get you a win, get myself a game ball.

279
00:11:47,368 --> 00:11:48,936
I hate sports metaphors.

280
00:11:48,970 --> 00:11:50,103
But I like what you're saying.

281
00:11:50,138 --> 00:11:51,271
You want me to go after this?

282
00:11:51,306 --> 00:11:52,706
- Yes.
- Great.

283
00:11:52,740 --> 00:11:55,609
If you steal a case for the Southern,
that's good for me, and if you blow this,

284
00:11:55,643 --> 00:11:57,377
then I can feel less guilty
about making you pay

285
00:11:57,412 --> 00:11:58,812
for parading your mom through my office.

286
00:11:58,846 --> 00:11:59,980
Win-win.

287
00:12:02,584 --> 00:12:03,748
You wanted to see me.

288
00:12:03,783 --> 00:12:05,285
You need to respond
to that press conference.

289
00:12:05,320 --> 00:12:06,720
I thought we didn't want press.

290
00:12:06,754 --> 00:12:08,622
We didn't want press,
but now there's press,

291
00:12:08,656 --> 00:12:10,457
and it's not the press we want,
so you need to respond.

292
00:12:10,491 --> 00:12:11,625
I think that's a mistake.

293
00:12:11,659 --> 00:12:13,393
Didn't you think it was a
mistake not to go to the press?

294
00:12:13,428 --> 00:12:14,861
Before she made a move, yes.

295
00:12:14,896 --> 00:12:17,130
But now she's a made a move, a big one...

296
00:12:17,165 --> 00:12:18,298
outside the lines.

297
00:12:18,333 --> 00:12:19,633
When you go outside the lines,

298
00:12:19,667 --> 00:12:21,468
there can be unintended consequences,

299
00:12:21,502 --> 00:12:24,071
so let's see what they are
before we respond.

300
00:12:24,769 --> 00:12:26,373
I didn't ask to see you.

301
00:12:26,407 --> 00:12:29,509
I know. I just knew you'd want to.

302
00:12:31,279 --> 00:12:33,714
This algorithm Barish wants
to use is so far from objective

303
00:12:33,748 --> 00:12:35,515
I can't even find a word to describe it.

304
00:12:35,550 --> 00:12:36,750
Subjective?

305
00:12:36,784 --> 00:12:37,884
It's called EVALUATE?

306
00:12:37,919 --> 00:12:39,019
I evaluated EVALUATE,

307
00:12:39,053 --> 00:12:41,388
and Keenan is now twice as
likely to get a max sentence

308
00:12:41,422 --> 00:12:43,323
just because he's black, from Mott Haven,

309
00:12:43,358 --> 00:12:45,225
and dropped out of high school at 15.

310
00:12:45,259 --> 00:12:46,693
I've heard of these programs.

311
00:12:46,728 --> 00:12:48,061
They're intended to remove bias.

312
00:12:48,096 --> 00:12:49,763
The data is biased.

313
00:12:49,797 --> 00:12:52,566
A computer doesn't know
that Mott Haven is policed

314
00:12:52,600 --> 00:12:54,668
at a significantly higher rate
than Riverdale.

315
00:12:54,702 --> 00:12:55,869
Maybe it does know.

316
00:12:55,903 --> 00:12:57,904
But it can't possibly know why.

317
00:12:57,939 --> 00:13:00,340
This software has no historical context.

318
00:13:00,375 --> 00:13:03,610
It can't account for slavery,
Jim Crow, Reaganomics,

319
00:13:03,645 --> 00:13:06,213
the war on drugs,
a crumbling education system...

320
00:13:06,247 --> 00:13:07,948
- 10 more seconds.
- What?

321
00:13:07,982 --> 00:13:10,183
10 more seconds of preaching
to the choir,

322
00:13:10,218 --> 00:13:12,386
and then you have to decide what to do.

323
00:13:12,420 --> 00:13:13,720
You have to defend Keenan

324
00:13:13,755 --> 00:13:15,622
as vigorously as you can, of course,

325
00:13:15,657 --> 00:13:18,291
but you also have to consider
whether Judge Barish

326
00:13:18,326 --> 00:13:20,694
is going to listen to you,
whether she's dug in,

327
00:13:20,728 --> 00:13:23,630
whether your digging in is
gonna make it worse for Keenan.

328
00:13:23,665 --> 00:13:26,533
You have to be realistic.

329
00:13:30,438 --> 00:13:31,772
Keenan didn't finish high school

330
00:13:31,806 --> 00:13:33,774
because his mom's MS went
into hyperdrive.

331
00:13:33,808 --> 00:13:35,409
He had to work so his brother

332
00:13:35,443 --> 00:13:36,610
could keep playing travel football.

333
00:13:36,644 --> 00:13:39,212
Keenan thinks his brother can
get a college scholarship,

334
00:13:39,247 --> 00:13:42,315
and if he lived one block over,
he'd be in a better zip code,

335
00:13:42,350 --> 00:13:44,718
according to that stupid machine.

336
00:13:44,752 --> 00:13:46,053
Then you've decided.

337
00:13:46,087 --> 00:13:47,287
Good.

338
00:13:47,321 --> 00:13:48,755
Fight the machine.

339
00:14:07,341 --> 00:14:08,675
Has she called to make a deal?

340
00:14:08,710 --> 00:14:09,743
She will.

341
00:14:09,777 --> 00:14:12,846
Did you know Kate was
Secretary General of the U.N.?

342
00:14:12,880 --> 00:14:16,016
Uh, in high school, model U.N.,
but still...

343
00:14:16,050 --> 00:14:17,951
Uh... what happened at sentencing?

344
00:14:21,222 --> 00:14:23,290
Yes.

345
00:14:23,324 --> 00:14:24,424
Okay.

346
00:14:24,459 --> 00:14:25,792
I'll be right there.

347
00:14:25,827 --> 00:14:28,562
- Kate?
- No.

348
00:14:32,834 --> 00:14:34,468
I saw you on the news.

349
00:14:34,502 --> 00:14:36,169
They let us watch some TV.

350
00:14:36,204 --> 00:14:38,805
I'm trying to put some pressure
on the government

351
00:14:38,840 --> 00:14:40,113
to bring them to the table.

352
00:14:40,148 --> 00:14:41,808
And...?

353
00:14:41,843 --> 00:14:44,444
And I haven't heard from them yet.

354
00:14:44,479 --> 00:14:46,046
Good.

355
00:14:46,080 --> 00:14:47,481
I don't want a deal.

356
00:14:47,515 --> 00:14:48,849
What are you talking about, Dani?

357
00:14:48,883 --> 00:14:51,685
You called me a hero.
I wasn't trying to be.

358
00:14:51,719 --> 00:14:53,787
I mean, it wasn't like
I wanted to get caught,

359
00:14:53,821 --> 00:14:55,047
but I was.

360
00:14:55,081 --> 00:14:56,857
And now I'm hearing from people...

361
00:14:56,891 --> 00:14:59,465
people who need someone to listen, and...

362
00:15:00,194 --> 00:15:02,896
I want to stand up for them
like you stood up for me.

363
00:15:02,930 --> 00:15:04,698
Standing up for people is my job.

364
00:15:04,732 --> 00:15:07,167
It's not your job.

365
00:15:07,201 --> 00:15:08,702
It's who you are.

366
00:15:08,736 --> 00:15:11,805
A job is what I was doing on the
14th floor of the Vetracom Building,

367
00:15:11,839 --> 00:15:14,708
working for the NSA,
but it's not who I am.

368
00:15:14,742 --> 00:15:16,576
It's crazy... I served in Iraq,

369
00:15:16,611 --> 00:15:18,845
but this feels like the real test for me.

370
00:15:18,880 --> 00:15:20,814
- It's time to be brave.
- You are brave,

371
00:15:20,848 --> 00:15:22,459
but that doesn't mean staying in jail.

372
00:15:22,493 --> 00:15:25,485
It does mean that if that's what
it takes to send a message.

373
00:15:25,520 --> 00:15:27,354
If I take a deal and plead guilty,

374
00:15:27,388 --> 00:15:28,755
what message does that send?

375
00:15:28,790 --> 00:15:30,357
That I didn't believe in what I did?

376
00:15:30,391 --> 00:15:31,491
That I was wrong?

377
00:15:31,526 --> 00:15:34,861
Our government is targeting
people who are sick and hurt

378
00:15:34,896 --> 00:15:36,763
and brought to emergency rooms
by relatives

379
00:15:36,798 --> 00:15:39,699
who are terrified of
going to the hospital,

380
00:15:39,734 --> 00:15:41,835
but they risk it because
they're even more terrified

381
00:15:41,869 --> 00:15:43,570
of losing a loved one.

382
00:15:43,604 --> 00:15:45,172
And now...

383
00:15:45,206 --> 00:15:46,873
They'll lose them anyway.

384
00:15:46,908 --> 00:15:48,775
All my life, I've been
around people like this,

385
00:15:48,810 --> 00:15:50,043
who were afraid to stand up

386
00:15:50,077 --> 00:15:51,912
because they felt like they couldn't.

387
00:15:51,946 --> 00:15:54,114
But now I have a choice.

388
00:15:54,148 --> 00:15:55,949
You showed me that.

389
00:15:55,983 --> 00:15:58,518
I can sit at the table
and negotiate away my soul,

390
00:15:58,553 --> 00:16:00,854
or I can stand up...

391
00:16:00,888 --> 00:16:02,389
like you.

392
00:16:02,423 --> 00:16:04,391
I don't want to take a deal.

393
00:16:04,425 --> 00:16:06,293
You know what that means?

394
00:16:06,327 --> 00:16:08,695
It means I can make a difference.

395
00:16:13,036 --> 00:16:15,023
- She doesn't want a deal.
- Because?

396
00:16:15,057 --> 00:16:16,458
Because of me, my press conference.

397
00:16:16,492 --> 00:16:18,293
- So try again.
- It's not gonna happen.

398
00:16:18,327 --> 00:16:20,762
Dani doesn't want a deal
because there isn't a deal.

399
00:16:20,796 --> 00:16:23,898
It's always easier to say "no"
to something in the abstract.

400
00:16:23,933 --> 00:16:26,067
People say, "I don't want
to get married."

401
00:16:26,102 --> 00:16:28,970
Then some handsome man stands
there, telling you he loves you,

402
00:16:29,005 --> 00:16:30,305
and before you know it, you're married.

403
00:16:30,339 --> 00:16:31,439
I don't want to get married.

404
00:16:31,474 --> 00:16:32,774
I really wouldn't recommend it.

405
00:16:32,808 --> 00:16:35,477
Talk to Kate, see what she's offering.

406
00:16:35,511 --> 00:16:38,613
Looking at 15 years in prison
versus a deal in hand,

407
00:16:38,648 --> 00:16:40,915
you'd be surprised
how quickly minds change.

408
00:16:51,360 --> 00:16:54,629
That's a Classic Italian from Zeno's.

409
00:16:54,664 --> 00:16:56,264
With extra peperoncinis.

410
00:16:56,299 --> 00:16:58,584
The greatest sandwich in the world.

411
00:16:59,902 --> 00:17:01,936
I'm gonna eat this until
you to tell me to stop.

412
00:17:01,971 --> 00:17:03,538
Okay, what's up?

413
00:17:03,572 --> 00:17:05,540
Judge Barish is using
a sentencing algorithm

414
00:17:05,574 --> 00:17:07,475
that was basically built
to screw my client

415
00:17:07,510 --> 00:17:08,795
and everyone who looks like him,

416
00:17:08,829 --> 00:17:10,845
and I'm pretty sure
I need the help of an expert

417
00:17:10,880 --> 00:17:12,180
to discredit it...

418
00:17:12,214 --> 00:17:14,392
namely, a mathematician.

419
00:17:15,651 --> 00:17:17,485
Okay.

420
00:17:17,520 --> 00:17:19,487
Okay. So... you go.

421
00:17:19,522 --> 00:17:20,889
Be nice.

422
00:17:20,923 --> 00:17:22,146
Your brother will be flattered.

423
00:17:22,180 --> 00:17:23,792
You don't know Eddie.

424
00:17:23,826 --> 00:17:25,460
Not as much as I'd like to.

425
00:17:25,494 --> 00:17:27,629
I'm the odd one out in this family.
You know that.

426
00:17:27,663 --> 00:17:30,532
They're all science and data
"great minds,"

427
00:17:30,566 --> 00:17:33,201
and I'm an idealistic public defender.

428
00:17:33,235 --> 00:17:34,869
It's squishy to them.

429
00:17:34,904 --> 00:17:36,171
I might as well be in a mime troupe.

430
00:17:36,205 --> 00:17:37,806
They don't get me.

431
00:17:37,840 --> 00:17:40,084
You probably don't get them.

432
00:17:40,776 --> 00:17:42,253
Whose side are you on?

433
00:17:44,680 --> 00:17:46,748
Oh, my God, this sandwich is so good.

434
00:17:46,782 --> 00:17:49,884
I'm sorry.

435
00:17:49,919 --> 00:17:51,886
You have a client who needs you.

436
00:17:51,921 --> 00:17:54,055
You share blood with
someone who can help.

437
00:17:54,090 --> 00:17:55,690
Do what you have to do.

438
00:17:56,926 --> 00:17:58,893
Give me that.

439
00:18:00,930 --> 00:18:02,997
I'm saying, a ship that size
dead in the water,

440
00:18:03,032 --> 00:18:04,766
we'd have to mobilize
a lot of tugboats to haul it in.

441
00:18:04,800 --> 00:18:06,768
McKenna sees that, he might
freak out and take hostages.

442
00:18:06,802 --> 00:18:08,503
We don't need to do this on the water.

443
00:18:08,537 --> 00:18:09,938
If the captain makes
a routine announcement,

444
00:18:09,972 --> 00:18:11,005
like "help is on the way,"

445
00:18:11,040 --> 00:18:12,841
you can send in tugboats
without raising suspicion

446
00:18:12,875 --> 00:18:15,443
and tow the ship to Manhattan,
which we can all agree

447
00:18:15,478 --> 00:18:16,745
is closer to where the boat is
than Brooklyn.

448
00:18:16,779 --> 00:18:18,913
It's not gonna happen.
What's not gonna happen?

449
00:18:18,948 --> 00:18:20,615
A storm's coming in, a big one.

450
00:18:20,649 --> 00:18:21,950
I'm not putting a bunch of little boats

451
00:18:21,984 --> 00:18:23,885
- on the water in a storm.
- He's right.

452
00:18:23,919 --> 00:18:25,620
Let the storm pass
and tow it somewhere then.

453
00:18:25,654 --> 00:18:28,690
Manhattan. Has to be here.

454
00:18:31,994 --> 00:18:33,179
Excuse me.

455
00:18:34,997 --> 00:18:36,698
- You'd have done the same thing.
- Never.

456
00:18:36,732 --> 00:18:38,433
And now you can send
all of these people home

457
00:18:38,467 --> 00:18:40,568
because I'm gonna get my boss
to call your boss

458
00:18:40,603 --> 00:18:41,803
and put a stop to this.

459
00:18:41,837 --> 00:18:44,706
And when he asks how I knew
Bart McKenna was on that ship?

460
00:18:44,740 --> 00:18:46,708
Meanwhile, I go to my boss,
who calls his boss,

461
00:18:46,742 --> 00:18:47,709
and on up it goes until it's settled

462
00:18:47,743 --> 00:18:49,411
by whichever guy owes
some other guy dinner,

463
00:18:49,445 --> 00:18:50,912
and everyone up the chain
thinks we're idiots

464
00:18:50,946 --> 00:18:52,013
for not figuring this out on our own.

465
00:18:52,047 --> 00:18:53,581
There's one crucial part of this
you're not getting.

466
00:18:53,616 --> 00:18:55,283
- This is my case.
- Was.

467
00:18:55,317 --> 00:18:57,952
Now it's nobody's. I snaked you. I did.

468
00:18:57,987 --> 00:18:59,554
So as an act of kindness,

469
00:18:59,588 --> 00:19:00,889
I'm gonna leave this up to the weather.

470
00:19:00,923 --> 00:19:02,272
- The weather?
- Storm.

471
00:19:02,307 --> 00:19:03,566
Ship will blow one way or the other.

472
00:19:03,601 --> 00:19:05,427
Whichever side it's closest to,
they get the case.

473
00:19:05,461 --> 00:19:07,061
- That's stupid.
- It's fair.

474
00:19:07,096 --> 00:19:08,596
- I don't trust you.
- I don't trust you.

475
00:19:08,631 --> 00:19:10,398
Deal?

476
00:19:10,433 --> 00:19:12,634
You're the worst.

477
00:19:12,668 --> 00:19:14,502
I would have done the same thing.

478
00:19:14,537 --> 00:19:16,838
But you're coming to my place
in Red Hook tonight

479
00:19:16,872 --> 00:19:19,641
and making this up to me
in the filthiest way possible.

480
00:19:31,020 --> 00:19:32,187
Sister.

481
00:19:32,221 --> 00:19:33,855
Brother.

482
00:19:33,889 --> 00:19:35,991
Anywhere you like.

483
00:19:36,892 --> 00:19:39,194
- First time you've been to my office.
- It's nice.

484
00:19:39,228 --> 00:19:40,628
I'm not in the basement anymore.

485
00:19:40,663 --> 00:19:42,373
That's good.

486
00:19:42,998 --> 00:19:44,632
How's work?

487
00:19:44,667 --> 00:19:46,367
That's kind of why I'm here.

488
00:19:46,402 --> 00:19:47,627
I need your help.

489
00:19:47,662 --> 00:19:50,972
Have you heard of the sentencing
software EVALUATE?

490
00:19:51,006 --> 00:19:52,373
It's amazing.

491
00:19:52,408 --> 00:19:53,697
Amazing?

492
00:19:53,731 --> 00:19:55,877
"Groundbreaking" and
"revolutionary" also apply.

493
00:19:55,911 --> 00:19:58,480
- The algorithm is biased.
- An algorithm isn't biased.

494
00:19:58,514 --> 00:20:00,949
That's definitively the point,
why it's a good thing.

495
00:20:00,983 --> 00:20:04,018
It sentences blacks and Latinos
disproportionately to whites

496
00:20:04,053 --> 00:20:06,387
- for the same crimes.
- So do judges, right?

497
00:20:06,422 --> 00:20:07,989
This algorithm is an improvement.

498
00:20:08,023 --> 00:20:09,824
It's a check on an already-flawed system.

499
00:20:09,859 --> 00:20:11,993
My client's looking at
more time than he should

500
00:20:12,027 --> 00:20:13,528
because of this software.

501
00:20:13,562 --> 00:20:15,330
More time than you think he should.

502
00:20:15,364 --> 00:20:17,198
You see? There. That's bias.

503
00:20:17,233 --> 00:20:18,733
I didn't come here to debate
this with you.

504
00:20:18,767 --> 00:20:20,969
Then why did you come here...
for the first time ever?

505
00:20:21,003 --> 00:20:22,127
To ask a favor.

506
00:20:22,162 --> 00:20:24,172
I need you to look at that software,

507
00:20:24,206 --> 00:20:26,875
look at the coding, tell me how it works.

508
00:20:26,909 --> 00:20:28,451
So you can discredit it?

509
00:20:28,486 --> 00:20:30,478
So I can do what's right by my client.

510
00:20:32,882 --> 00:20:35,316
Interesting tact when asking a favor,

511
00:20:35,351 --> 00:20:36,818
to insult what I do?

512
00:20:36,852 --> 00:20:38,987
But that's what you do,
whatever you want...

513
00:20:39,021 --> 00:20:41,856
answer to no one,
and everyone is at your service,

514
00:20:41,891 --> 00:20:43,591
- except I'm not Mom and Dad.
- I don't think you understand

515
00:20:43,626 --> 00:20:45,071
my relationship with Mom and Dad.

516
00:20:45,105 --> 00:20:47,028
I understand they let you live
in their gorgeous apartment.

517
00:20:47,062 --> 00:20:48,017
I live in Washington Heights.

518
00:20:48,051 --> 00:20:49,003
You said you wanted to be close to work.

519
00:20:49,038 --> 00:20:50,097
They never asked if I wanted it.

520
00:20:50,131 --> 00:20:51,364
They gave it to me out of pity

521
00:20:51,398 --> 00:20:53,568
because they think that
I can't take care of myself.

522
00:20:55,137 --> 00:20:56,938
I'm not surprised you believe that.

523
00:20:56,972 --> 00:20:59,073
I have to go.

524
00:21:04,480 --> 00:21:05,880
You've never been to my office.

525
00:21:05,915 --> 00:21:06,881
What?

526
00:21:06,916 --> 00:21:09,384
Your snarky comment
about me not visiting you?

527
00:21:09,418 --> 00:21:11,619
But you've never been
to my office either.

528
00:21:11,654 --> 00:21:13,588
That's fair.

529
00:21:13,622 --> 00:21:15,256
You want to know what
that algorithm can't do?

530
00:21:15,291 --> 00:21:16,457
Feel.

531
00:21:16,492 --> 00:21:17,926
Understand nuance.

532
00:21:17,960 --> 00:21:19,861
Empathize.

533
00:21:19,895 --> 00:21:22,030
No wonder you respect it so much.

534
00:21:36,178 --> 00:21:37,445
Ms. Bell.

535
00:21:37,479 --> 00:21:40,248
Please, call me Sandra.

536
00:21:40,282 --> 00:21:41,549
Let's get started.

537
00:21:41,584 --> 00:21:44,118
There are two counts against Ms. Rios

538
00:21:44,153 --> 00:21:45,510
under the Espionage Act,

539
00:21:45,544 --> 00:21:48,323
each of which carries
a maximum penalty of 15 years.

540
00:21:48,357 --> 00:21:50,291
If Ms. Rios pleads to one count,

541
00:21:50,326 --> 00:21:52,594
we will recommend 78 to 97 months,

542
00:21:52,628 --> 00:21:54,121
taking into consideration

543
00:21:54,155 --> 00:21:56,965
the severity of the leak
and prior criminal history.

544
00:21:56,999 --> 00:21:58,460
She has no prior criminal history.

545
00:21:58,494 --> 00:22:01,302
She has a juvenile adjudication
for disorderly conduct.

546
00:22:01,337 --> 00:22:02,831
When she was a juvenile.

547
00:22:02,866 --> 00:22:05,406
Juvenile adjudications can be
applied in sentencing, Ms. Bell.

548
00:22:05,441 --> 00:22:06,741
Don't lecture me about sentencing,

549
00:22:06,775 --> 00:22:07,675
and my name is Sandra.

550
00:22:07,710 --> 00:22:10,111
If you call me Ms. Bell again,
I'm leaving.

551
00:22:10,145 --> 00:22:12,113
The offer is 78 to 97 months.

552
00:22:12,147 --> 00:22:14,349
- That's too high.
- This isn't a negotiation.

553
00:22:14,383 --> 00:22:16,284
Then what is it?

554
00:22:16,318 --> 00:22:18,153
63 months.

555
00:22:22,157 --> 00:22:24,827
Why don't you tell me what
you have the authority to go to?

556
00:22:27,029 --> 00:22:29,163
Oh.

557
00:22:29,198 --> 00:22:31,666
Oh, I see. You don't have any authority.

558
00:22:31,700 --> 00:22:33,434
You came here to see what you could get

559
00:22:33,469 --> 00:22:35,003
and then try to sell it to your client.

560
00:22:35,037 --> 00:22:37,972
- Is that it?
- 63 months is not good enough.

561
00:22:38,007 --> 00:22:39,707
There is no offer of 63 months.

562
00:22:39,742 --> 00:22:41,009
You're withdrawing your offer?

563
00:22:41,043 --> 00:22:43,678
If you can't accept, I can't offer.

564
00:22:43,712 --> 00:22:44,846
Why doesn't she want a deal?

565
00:22:44,880 --> 00:22:46,881
Because she wants to take the stand

566
00:22:46,915 --> 00:22:49,290
so she can tell the world
how evil the government is.

567
00:22:49,324 --> 00:22:50,550
Dani loves her country.

568
00:22:50,585 --> 00:22:51,595
Odd way of showing it.

569
00:22:51,629 --> 00:22:53,021
I'm sorry, how long did you
serve in the military?

570
00:22:53,055 --> 00:22:54,822
Same amount of time you did.

571
00:22:54,857 --> 00:22:57,458
Why don't you be reasonable here?

572
00:22:57,493 --> 00:22:59,127
Why don't I be reasonable?

573
00:22:59,161 --> 00:23:01,963
Your client decides one day,
"You know what?

574
00:23:01,997 --> 00:23:03,831
I'm gonna decide public policy

575
00:23:03,866 --> 00:23:05,371
for the United States government...

576
00:23:05,405 --> 00:23:06,901
me, by myself.

577
00:23:06,935 --> 00:23:08,369
Forget the laws passed

578
00:23:08,404 --> 00:23:10,338
by the elected representatives
of the people,

579
00:23:10,372 --> 00:23:12,140
the deliberations of the professionals

580
00:23:12,174 --> 00:23:14,976
charged with protecting
our national security

581
00:23:15,010 --> 00:23:16,678
and enforcing our immigration laws.

582
00:23:16,712 --> 00:23:20,481
I, Dani Rios, have decided
I know better than all that.

583
00:23:20,516 --> 00:23:22,150
I'm gonna do what I want.

584
00:23:22,184 --> 00:23:24,652
And my lawyer is gonna do what she wants

585
00:23:24,687 --> 00:23:27,221
and enter a plea negotiation
in total bad faith

586
00:23:27,256 --> 00:23:30,058
because we do what we want.

587
00:23:30,092 --> 00:23:32,260
Because everything works out in the end,

588
00:23:32,294 --> 00:23:34,062
as long as I'm reasonable."

589
00:23:34,096 --> 00:23:36,597
Is this what you wanted to be...

590
00:23:36,632 --> 00:23:38,900
when you were growing up, really?

591
00:23:38,934 --> 00:23:40,501
I genuinely do not understand it.

592
00:23:40,536 --> 00:23:41,903
You're a glorified hall monitor

593
00:23:41,937 --> 00:23:43,370
walking around with your clipboard,

594
00:23:43,405 --> 00:23:46,407
taking names, checking lockers,
wrapping knuckles.

595
00:23:46,442 --> 00:23:49,973
Don't you care about what was
in those documents Dani leaked,

596
00:23:50,007 --> 00:23:51,212
what they mean,

597
00:23:51,246 --> 00:23:52,688
that our government is accessing

598
00:23:52,722 --> 00:23:56,117
confidential medical information
to deport people?

599
00:23:57,227 --> 00:23:58,800
Why are the rules more important

600
00:23:58,834 --> 00:24:00,881
than the people
they are designed to protect?

601
00:24:03,845 --> 00:24:05,712
I think we're done here...

602
00:24:05,746 --> 00:24:06,847
Ms. Bell.

603
00:24:33,661 --> 00:24:35,249
Come in, Sandra.

604
00:24:36,864 --> 00:24:39,586
You can go in, Ms. Littlejohn.

605
00:24:45,272 --> 00:24:46,573
I understand if you're upset...

606
00:24:46,607 --> 00:24:48,141
I'm not upset.

607
00:24:48,175 --> 00:24:49,462
I'm disappointed.

608
00:24:49,496 --> 00:24:51,177
I picked you for this case
because I thought

609
00:24:51,212 --> 00:24:53,179
you would identify with Dani...

610
00:24:53,214 --> 00:24:56,220
- identify with her, not be her.
- Dani isn't the problem.

611
00:24:56,254 --> 00:24:57,784
You let this woman get inside your head,

612
00:24:57,818 --> 00:24:59,252
and then you went into that meeting

613
00:24:59,286 --> 00:25:01,821
without the tools you needed
to get the job done.

614
00:25:01,855 --> 00:25:03,623
Dani is too young and naive

615
00:25:03,657 --> 00:25:06,326
to understand what's at
stake here, but you're not.

616
00:25:06,360 --> 00:25:07,860
Kate Littlejohn is unreasonable.

617
00:25:07,895 --> 00:25:08,928
She's a prosecutor.

618
00:25:08,963 --> 00:25:10,139
I think it's more than that.

619
00:25:10,173 --> 00:25:12,703
Don't let it be more than that.

620
00:25:13,901 --> 00:25:16,135
- I understand if you're upset.
- I'm very upset.

621
00:25:16,170 --> 00:25:18,638
- We're going to trial.
- Oh, no, you're not.

622
00:25:18,672 --> 00:25:21,274
- She rejected the deal.
- Well, try again.

623
00:25:21,308 --> 00:25:22,875
Sandra Bell is unreasonable.

624
00:25:22,910 --> 00:25:26,279
- She's a public defender.
- She's an unreasonable public defender.

625
00:25:26,313 --> 00:25:27,947
Now you're just getting redundant.

626
00:25:27,982 --> 00:25:30,316
This isn't about her. It's about
what's good for your client,

627
00:25:30,351 --> 00:25:31,718
and your client is the United States,

628
00:25:31,752 --> 00:25:34,725
and a trial is not good
for the United States.

629
00:25:38,225 --> 00:25:41,661
I picked you for this case
because you are stone cold.

630
00:25:41,695 --> 00:25:43,529
I do have feelings.

631
00:25:45,432 --> 00:25:46,737
They're in the way.

632
00:25:48,569 --> 00:25:50,062
Jim, while the residents of New York's

633
00:25:50,096 --> 00:25:51,804
five boroughs still need
to prepare themselves

634
00:25:51,839 --> 00:25:53,406
for the brunt of the storm,

635
00:25:53,440 --> 00:25:56,042
we now see indications that
it might veer to the south.

636
00:25:56,076 --> 00:25:57,753
No, no! Not south!

637
00:25:57,787 --> 00:26:00,146
- North! Go north!
- Hey.

638
00:26:00,180 --> 00:26:01,381
What's going on in here?

639
00:26:01,415 --> 00:26:03,349
- Storm's getting bigger.
- That's not good.

640
00:26:03,384 --> 00:26:05,151
Not if it blows that boat
to Brooklyn, it's not.

641
00:26:05,185 --> 00:26:08,554
Plus the possible loss of life
and property, but okay.

642
00:26:08,589 --> 00:26:09,889
You know why I became a prosecutor?

643
00:26:09,923 --> 00:26:11,758
So you could steal cases
from other prosecutors?

644
00:26:11,792 --> 00:26:13,226
- 'Cause we hold all the cards.
- Mm.

645
00:26:13,260 --> 00:26:15,061
We choose when to charge, if to charge,

646
00:26:15,095 --> 00:26:16,663
how much to charge, what evidence to use.

647
00:26:16,697 --> 00:26:18,865
We're in control.

648
00:26:18,899 --> 00:26:20,199
Today my whole job depends

649
00:26:20,234 --> 00:26:22,168
on something as random as the weather.

650
00:26:22,202 --> 00:26:23,670
Oh, yeah, but fortunately for you,

651
00:26:23,704 --> 00:26:25,438
it's not 1875.

652
00:26:25,472 --> 00:26:27,240
What?

653
00:26:27,274 --> 00:26:28,572
For most of human existence,

654
00:26:28,607 --> 00:26:30,443
we didn't imagine weather
could be predicted

655
00:26:30,477 --> 00:26:32,712
or even should be
because that was God's area.

656
00:26:32,746 --> 00:26:36,949
But with the rise of technology
in the late 19th...

657
00:26:36,984 --> 00:26:38,581
As a teenager,

658
00:26:38,615 --> 00:26:41,354
I was a bit of an amateur meteorologist.

659
00:26:41,388 --> 00:26:42,922
You were into magic, too, I bet.

660
00:26:42,956 --> 00:26:44,624
Nah.

661
00:26:44,658 --> 00:26:46,359
I may have done a mentalist act.

662
00:26:46,393 --> 00:26:48,394
Anyway, point is,
by the turn of the century,

663
00:26:48,429 --> 00:26:49,796
the more information we had,

664
00:26:49,830 --> 00:26:51,049
the less that chance played a role

665
00:26:51,083 --> 00:26:53,266
in predicting the weather.

666
00:26:53,300 --> 00:26:56,469
Sit, predict.

667
00:26:56,503 --> 00:26:59,072
Well, first, you need to
understand the Coriolis effect.

668
00:26:59,106 --> 00:27:01,874
No, I mean tell me where
my ship is gonna land.

669
00:27:05,079 --> 00:27:06,713
Oh, I don't know why I'm so upset.

670
00:27:06,747 --> 00:27:08,414
- Jill's right.
- He's so wrong.

671
00:27:08,449 --> 00:27:11,117
- I'm being emotional.
- How can he have no emotions?

672
00:27:11,151 --> 00:27:13,111
But I've got this idealistic
girl in front of me.

673
00:27:13,145 --> 00:27:14,487
He's like talking to a robot.

674
00:27:14,521 --> 00:27:16,055
I do need to be the adult.

675
00:27:16,090 --> 00:27:17,590
All he cares about are facts and data.

676
00:27:17,624 --> 00:27:19,425
No one's interested in context.

677
00:27:19,460 --> 00:27:21,294
Dani can't see what's right for her.

678
00:27:21,328 --> 00:27:24,130
Soon we're all going to be
reduced to data points, numbers.

679
00:27:27,768 --> 00:27:29,435
Oh, my God.

680
00:27:29,470 --> 00:27:31,304
Thank you.

681
00:27:36,643 --> 00:27:38,411
I literally had to wade through a crowd

682
00:27:38,445 --> 00:27:40,346
of your supporters to get in here.

683
00:27:41,348 --> 00:27:42,348
You did?

684
00:27:42,383 --> 00:27:45,351
At least 300 people.

685
00:27:45,386 --> 00:27:48,788
This is all so strange.

686
00:27:48,822 --> 00:27:51,457
Tomorrow, there will be more people,

687
00:27:51,492 --> 00:27:53,593
even more when the trial starts.

688
00:27:53,627 --> 00:27:57,430
The reading of the verdict will
be an absolute spectacle.

689
00:27:57,464 --> 00:27:59,999
And if you're convicted,

690
00:28:00,033 --> 00:28:02,034
your supporters will be outraged.

691
00:28:02,069 --> 00:28:05,037
They'll march to stop the lying
and spying you exposed.

692
00:28:05,072 --> 00:28:07,974
They'll organize to stop
these deportations.

693
00:28:08,008 --> 00:28:10,109
They'll get brave, just like you.

694
00:28:10,144 --> 00:28:12,445
They'll stand up.

695
00:28:12,479 --> 00:28:14,046
But you...

696
00:28:14,081 --> 00:28:16,482
You won't get to be a part of it,

697
00:28:16,517 --> 00:28:18,451
this community you helped to create,

698
00:28:18,485 --> 00:28:19,862
because you will be here,

699
00:28:19,896 --> 00:28:22,355
just another number
in the federal prison system.

700
00:28:22,389 --> 00:28:24,772
45278-054.

701
00:28:24,806 --> 00:28:26,058
That will be you.

702
00:28:31,064 --> 00:28:33,153
I want to make a difference.

703
00:28:33,867 --> 00:28:36,536
Then let me get you out of here.

704
00:28:36,570 --> 00:28:38,571
Let me go to the table.

705
00:28:38,605 --> 00:28:40,206
Let me do the job I was meant to do

706
00:28:40,240 --> 00:28:42,829
so you can do what you were meant to do.

707
00:28:43,610 --> 00:28:45,812
Stand up and fight.

708
00:28:54,495 --> 00:28:57,263
I know you like to eat
at 12:30 on the dot,

709
00:28:57,298 --> 00:29:00,196
so I brought you something.

710
00:29:01,079 --> 00:29:02,802
Classic Italian from Zeno's.

711
00:29:02,837 --> 00:29:05,939
You don't like peperoncinis, but you
prefer to pull them off yourself.

712
00:29:05,973 --> 00:29:07,740
You introduced me to this place.

713
00:29:07,741 --> 00:29:09,808
I've had this sandwich a thousand times,

714
00:29:09,842 --> 00:29:13,244
and there's always exactly
24 peperoncinis inside.

715
00:29:13,279 --> 00:29:15,079
You don't want to know the odds on that.

716
00:29:15,114 --> 00:29:16,404
I don't.

717
00:29:18,484 --> 00:29:21,701
I'm grateful for the sandwich,
but I'm not helping you.

718
00:29:22,822 --> 00:29:25,219
I'm sorry about what I said before.

719
00:29:25,254 --> 00:29:27,559
I'm sorry about how you feel
about Mom and Dad

720
00:29:27,593 --> 00:29:28,660
and about me growing up.

721
00:29:28,694 --> 00:29:30,962
It's just crazy because
I always looked up to you.

722
00:29:30,996 --> 00:29:32,764
I was jealous that

723
00:29:32,798 --> 00:29:35,066
you wanted to follow in their footsteps.

724
00:29:35,100 --> 00:29:37,302
I was jealous of how much
they seemed to love it.

725
00:29:37,336 --> 00:29:38,736
I felt like they didn't care as much

726
00:29:38,771 --> 00:29:39,971
about the things I was into.

727
00:29:40,005 --> 00:29:41,673
I felt like I never had a choice.

728
00:29:41,707 --> 00:29:43,241
Huh?

729
00:29:43,275 --> 00:29:45,677
Look, I'm the oldest.

730
00:29:45,711 --> 00:29:48,112
They were into math and science,
so I wanted to be.

731
00:29:48,147 --> 00:29:49,814
I didn't have anything to rebel against.

732
00:29:49,849 --> 00:29:51,816
It was me and them.

733
00:29:51,851 --> 00:29:53,852
You felt like they didn't understand you.

734
00:29:53,886 --> 00:29:55,987
I felt like they let you be you.

735
00:29:56,021 --> 00:29:57,655
Free.

736
00:29:57,690 --> 00:29:58,923
They're controlling.

737
00:29:58,958 --> 00:30:00,091
You never saw that.

738
00:30:00,125 --> 00:30:01,759
You think living in that apartment

739
00:30:01,794 --> 00:30:03,328
doesn't come with strings?

740
00:30:03,362 --> 00:30:04,914
You don't think it gets thrown in my face

741
00:30:04,948 --> 00:30:08,666
anytime I don't call for a week
or blow off dinner with them?

742
00:30:10,236 --> 00:30:11,803
This kid, Keenan,

743
00:30:11,837 --> 00:30:14,806
is about to get lost
in the federal prison system.

744
00:30:14,840 --> 00:30:16,774
Every extra day he spends in there

745
00:30:16,809 --> 00:30:20,378
is one less day he gets to spend
with the brother he adores.

746
00:30:20,412 --> 00:30:22,046
It's 12:30.

747
00:30:22,081 --> 00:30:23,805
You got to eat.

748
00:30:25,484 --> 00:30:28,453
Two people can see the same
factual events differently.

749
00:30:28,487 --> 00:30:29,854
You and I are an example of that.

750
00:30:29,889 --> 00:30:32,524
It's why humans are imperfect machines.

751
00:30:32,558 --> 00:30:34,893
That's why we need these algorithms.

752
00:30:34,927 --> 00:30:37,295
You're trying to fight the algorithm.

753
00:30:37,329 --> 00:30:38,963
You want to discredit the data...

754
00:30:38,998 --> 00:30:40,532
That's the wrong approach.

755
00:30:40,566 --> 00:30:41,633
Okay.

756
00:30:41,667 --> 00:30:42,834
Use the data.

757
00:30:42,868 --> 00:30:44,369
Play the human,

758
00:30:44,403 --> 00:30:45,827
the judge.

759
00:30:46,672 --> 00:30:48,840
Machines don't have ego.

760
00:30:48,874 --> 00:30:49,974
People do.

761
00:30:54,780 --> 00:30:57,649
How are things with the AUSA
who shall not be named?

762
00:30:57,683 --> 00:30:59,484
Off to see her now.

763
00:30:59,518 --> 00:31:00,852
Ugh. I'm sorry.

764
00:31:00,886 --> 00:31:02,921
But that also means you convinced Dani

765
00:31:02,955 --> 00:31:04,389
to let you negotiate a deal for her.

766
00:31:04,423 --> 00:31:05,557
I know. Small victories.

767
00:31:05,591 --> 00:31:06,691
Big victories. Congratulations.

768
00:31:06,725 --> 00:31:08,826
Well, at the very least,
I'm not gonna fill up our office

769
00:31:08,861 --> 00:31:11,062
with hundreds of boxes of discovery.

770
00:31:11,096 --> 00:31:13,531
Hundreds of boxes of discovery?

771
00:31:13,566 --> 00:31:14,866
The government would never
produce documents

772
00:31:14,900 --> 00:31:16,901
in a case like this.

773
00:31:31,450 --> 00:31:33,051
- You're late.
- I'm not late.

774
00:31:33,085 --> 00:31:34,752
I'm pretty good with time.

775
00:31:34,787 --> 00:31:36,120
I'm not late because I'm not coming,

776
00:31:36,155 --> 00:31:37,221
but I'll be in court in an hour.

777
00:31:37,256 --> 00:31:38,222
You should be there, too.

778
00:31:43,562 --> 00:31:45,396
As you're aware, the statute under which

779
00:31:45,431 --> 00:31:48,967
Ms. Rios is being charged, 18 USC 793d,

780
00:31:49,001 --> 00:31:51,302
requires that the government
prove Ms. Rios' leak

781
00:31:51,337 --> 00:31:52,904
caused injury to the United States

782
00:31:52,938 --> 00:31:54,906
or advantage to a foreign government.

783
00:31:54,940 --> 00:31:56,240
As long as the government refuses

784
00:31:56,275 --> 00:31:57,642
to even acknowledge the existence

785
00:31:57,676 --> 00:31:59,577
of the surveillance program
Ms. Rios leaked,

786
00:31:59,612 --> 00:32:01,879
it is impossible to determine
whether it could cause

787
00:32:01,914 --> 00:32:04,197
injury or advantage.

788
00:32:04,850 --> 00:32:06,384
What exactly are you saying?

789
00:32:06,418 --> 00:32:08,319
I'm saying that,
in order to prepare our defense,

790
00:32:08,354 --> 00:32:10,455
we need the government
to produce all the documents

791
00:32:10,489 --> 00:32:12,056
related to this surveillance program.

792
00:32:12,091 --> 00:32:14,492
Those are highly-classified
documents, Your Honor.

793
00:32:14,526 --> 00:32:16,828
That are essential to our defense.

794
00:32:16,862 --> 00:32:18,796
This is an unusual request.

795
00:32:18,831 --> 00:32:20,286
We're in an unusual situation.

796
00:32:20,321 --> 00:32:21,899
Your Honor, if you grant this request,

797
00:32:21,934 --> 00:32:24,002
the government will be forced to choose

798
00:32:24,036 --> 00:32:26,070
between revealing classified information

799
00:32:26,105 --> 00:32:28,506
and continuing with this prosecution.

800
00:32:29,556 --> 00:32:32,310
I understand
the government's predicament.

801
00:32:32,344 --> 00:32:34,512
But the basis for this request is valid,

802
00:32:34,546 --> 00:32:35,780
and I'll grant it.

803
00:32:38,217 --> 00:32:39,917
As the production of these documents is

804
00:32:39,952 --> 00:32:41,986
obviously problematic
for the government, I assume...

805
00:32:42,021 --> 00:32:43,655
We'll produce the documents.

806
00:32:43,689 --> 00:32:45,657
- What?
- Ms. Littlejohn...

807
00:32:45,691 --> 00:32:47,293
We'll produce the documents.

808
00:32:47,327 --> 00:32:49,293
Do you need to check with your
supervisor, Ms. Littlejohn?

809
00:32:49,328 --> 00:32:51,029
- No.
- You sure?

810
00:32:51,063 --> 00:32:53,164
Yes, however, the documents will need

811
00:32:53,198 --> 00:32:55,533
to undergo a full
national-security review

812
00:32:55,567 --> 00:32:57,935
and then be redacted prior to production.

813
00:32:57,970 --> 00:33:00,171
Based on the volume and
sensitivity of this material,

814
00:33:00,205 --> 00:33:02,974
I'd estimate a delay
of at least 18 months,

815
00:33:03,008 --> 00:33:05,043
during which time, the government would

816
00:33:05,077 --> 00:33:07,712
strongly advocate for
Ms. Rios' continued detention.

817
00:33:07,746 --> 00:33:09,535
- Your Honor...
- I'd like to see the two of you

818
00:33:09,560 --> 00:33:11,616
in my chambers now.

819
00:33:15,320 --> 00:33:18,022
Listen, I'm not gonna get
involved on one side of this,

820
00:33:18,057 --> 00:33:21,025
but I know neither of you
wants this case to go to trial.

821
00:33:21,060 --> 00:33:23,494
Figure this out.

822
00:33:39,651 --> 00:33:41,803
His name was Richard Prince.

823
00:33:43,509 --> 00:33:46,056
You asked me why I wanted to do this?

824
00:33:46,091 --> 00:33:47,091
Richard Prince...

825
00:33:47,125 --> 00:33:49,226
He sat behind me in
Ms. Diller's history class.

826
00:33:49,260 --> 00:33:52,329
He talked a lot. He cheated.

827
00:33:52,363 --> 00:33:53,893
At the end of the first semester,

828
00:33:53,928 --> 00:33:57,034
he had the highest grade in
the class because he cheated.

829
00:33:57,068 --> 00:33:58,802
I liked school.

830
00:33:58,837 --> 00:34:01,638
Richard didn't like school.

831
00:34:01,673 --> 00:34:02,706
Maybe he didn't need it.

832
00:34:02,741 --> 00:34:06,310
I don't know, I don't care. I needed it.

833
00:34:06,344 --> 00:34:09,313
I looked forward to Mondays, school.

834
00:34:09,347 --> 00:34:11,616
The weekends, when I was at home...

835
00:34:14,886 --> 00:34:18,522
We had two field trips every
year in my middle school.

836
00:34:18,556 --> 00:34:20,023
The big one in seventh grade

837
00:34:20,058 --> 00:34:22,159
was across the state to the U.S. Capitol.

838
00:34:22,193 --> 00:34:25,229
I had been looking forward
to the Capitol trip

839
00:34:25,755 --> 00:34:28,532
since I was... 5 years old.

840
00:34:28,566 --> 00:34:30,400
I'd memorized every Speaker of the House

841
00:34:30,435 --> 00:34:31,568
since Frederick Muhlenberg.

842
00:34:31,603 --> 00:34:33,437
I knew that the prize

843
00:34:33,471 --> 00:34:35,339
for designing the Capitol building

844
00:34:35,373 --> 00:34:36,740
was $500.

845
00:34:36,775 --> 00:34:39,042
I knew that the Dome was made

846
00:34:39,077 --> 00:34:42,279
of 8,999,200 pounds of cast iron.

847
00:34:42,313 --> 00:34:43,413
I knew this,

848
00:34:43,448 --> 00:34:45,883
and I wrote all these things
down in a little notebook,

849
00:34:45,917 --> 00:34:47,551
and I pasted pictures into the notebook

850
00:34:47,585 --> 00:34:49,419
so I could bring it with me
when we went our trip

851
00:34:49,454 --> 00:34:52,956
and make sure I saw everything
I'd ever read about.

852
00:34:52,991 --> 00:34:54,725
I was more excited about this trip

853
00:34:54,759 --> 00:34:57,328
than I've ever been about
anything in my life.

854
00:34:58,209 --> 00:35:00,177
We were 18 miles outside of Roanoke

855
00:35:00,211 --> 00:35:04,748
when Richard Prince pulled out
his phone on the bus.

856
00:35:04,783 --> 00:35:06,717
There was one strict rule on this trip...

857
00:35:06,751 --> 00:35:09,385
no electronic devices, none.

858
00:35:09,419 --> 00:35:14,024
But Richard Prince had brought his phone.

859
00:35:14,059 --> 00:35:15,659
Ms. Diller told him to put it away.

860
00:35:15,694 --> 00:35:16,760
He refused.

861
00:35:16,795 --> 00:35:18,228
His friends started to defend him.

862
00:35:18,263 --> 00:35:19,363
It got loud.

863
00:35:19,397 --> 00:35:22,166
I sat in the back of the bus
with my hands over my ears,

864
00:35:22,200 --> 00:35:23,534
looking through my notebook,

865
00:35:23,568 --> 00:35:26,036
staring at pictures of the Dome,

866
00:35:26,071 --> 00:35:28,405
the crypt, the Old Senate Chamber.

867
00:35:28,440 --> 00:35:31,108
But it just got louder, louder,
more out of control,

868
00:35:31,142 --> 00:35:36,413
and then I felt...
the wheels of the bus turn.

869
00:35:38,083 --> 00:35:41,251
I didn't look up, but I felt it.

870
00:35:41,286 --> 00:35:43,220
We were going home.

871
00:35:43,254 --> 00:35:45,122
I was looking forward
to that Capitol trip

872
00:35:45,156 --> 00:35:47,124
for six years... six years...

873
00:35:47,158 --> 00:35:49,693
and I did not get to go,

874
00:35:49,728 --> 00:35:54,198
because Richard Prince decided
the rules didn't apply to him.

875
00:35:54,232 --> 00:35:59,057
49 kids didn't get to go
because of 1 person.

876
00:36:00,005 --> 00:36:03,474
Is this what I wanted to be
when I was growing up?

877
00:36:03,508 --> 00:36:07,778
Yes. Injustice isn't only felt

878
00:36:07,812 --> 00:36:11,152
by the loudest person
complaining about it.

879
00:36:15,153 --> 00:36:17,321
The government withdraws
the espionage charges

880
00:36:17,355 --> 00:36:20,724
and Dani pleads guilty
to theft of government property.

881
00:36:20,759 --> 00:36:23,761
Time served plus three years
of supervised release.

882
00:36:36,107 --> 00:36:39,276
- Roger.
- Hey, sorry about that ship.

883
00:36:39,310 --> 00:36:40,548
Why sorry?

884
00:36:40,583 --> 00:36:43,313
Oh, I heard it didn't end up
in Brooklyn or Manhattan.

885
00:36:43,348 --> 00:36:45,983
- New Jersey, ugh.
- That's a kick in the ass, huh?

886
00:36:46,017 --> 00:36:47,518
Mm. Actually, because of some

887
00:36:47,552 --> 00:36:49,687
weather-predicting calculations
I won't bore you with,

888
00:36:49,721 --> 00:36:51,155
I knew where that ship was going.

889
00:36:51,189 --> 00:36:52,923
So I arranged to thank some NYPD officers

890
00:36:52,957 --> 00:36:53,971
that have been assisting me
by sending them

891
00:36:54,005 --> 00:36:55,693
to a fine dinner at a great restaurant,

892
00:36:55,727 --> 00:36:57,461
which happened to be near New Jersey's

893
00:36:57,495 --> 00:36:59,029
Cape Liberty Cruise Ship port.

894
00:36:59,064 --> 00:37:00,030
So they were in perfect position

895
00:37:00,065 --> 00:37:01,965
to nab McKenna
when he stepped off that ship,

896
00:37:02,000 --> 00:37:04,168
and before the sun came up,
he was safely back here,

897
00:37:04,202 --> 00:37:06,870
in the arms of the
Southern District of New York.

898
00:37:06,905 --> 00:37:09,673
Win-win. I'm off here.

899
00:37:18,049 --> 00:37:21,485
Your Honor, I understand the appeal

900
00:37:21,519 --> 00:37:24,221
of using this sentencing
software, EVALUATE.

901
00:37:24,255 --> 00:37:25,656
I do.

902
00:37:25,690 --> 00:37:28,892
It appears to be efficient, precise,

903
00:37:28,927 --> 00:37:32,362
immune to emotion and lapses in logic.

904
00:37:32,397 --> 00:37:34,965
It seems fair and unbiased,

905
00:37:34,999 --> 00:37:37,735
so shouldn't we attempt
to be fair and unbiased

906
00:37:37,769 --> 00:37:40,904
in evaluating whether it actually works?

907
00:37:40,939 --> 00:37:44,308
32, 19, 34.

908
00:37:44,342 --> 00:37:47,311
Are you picking lotto numbers
for me, Ms. Adams?

909
00:37:47,345 --> 00:37:50,581
32% is the federal recidivism rate.

910
00:37:50,615 --> 00:37:52,216
19%?

911
00:37:52,250 --> 00:37:55,886
19% is the recidivism rate
of defendants tried

912
00:37:55,920 --> 00:37:58,422
and sentenced in your court,
Judge Barish.

913
00:37:58,456 --> 00:38:01,024
It's one of the lowest
in the Southern District.

914
00:38:01,059 --> 00:38:02,326
34%?

915
00:38:02,360 --> 00:38:05,162
That's the recidivism rate of EVALUATE,

916
00:38:05,196 --> 00:38:06,930
higher than the national average,

917
00:38:06,965 --> 00:38:09,266
15 points behind you.

918
00:38:09,300 --> 00:38:11,368
I'm sure you have a theory
as to why that is.

919
00:38:11,402 --> 00:38:13,237
I think you know I do,

920
00:38:13,271 --> 00:38:16,140
but you asked me to have faith in you,

921
00:38:16,174 --> 00:38:19,109
in your experience, your
judgment, and I do.

922
00:38:19,144 --> 00:38:21,578
And these numbers back that up.

923
00:38:21,613 --> 00:38:25,415
You're not arbitrary or capricious.

924
00:38:27,385 --> 00:38:29,520
When you were in elementary school,

925
00:38:29,554 --> 00:38:32,356
IBM built a computer that it claimed

926
00:38:32,390 --> 00:38:34,825
could beat a world champion in chess.

927
00:38:34,859 --> 00:38:37,995
It couldn't. Lost to Garry Kasparov.

928
00:38:38,029 --> 00:38:41,431
IBM made some tweaks,
and Deep Blue the rematch.

929
00:38:41,466 --> 00:38:43,267
Today, every one of us can download

930
00:38:43,301 --> 00:38:45,402
free chess software on our phones

931
00:38:45,436 --> 00:38:47,905
that would demolish Kasparov.

932
00:38:47,939 --> 00:38:53,105
Technology isn't perfect,
but it's always improving.

933
00:38:53,945 --> 00:38:58,448
I may have been premature
in relying on EVALUATE,

934
00:38:58,483 --> 00:39:03,954
but this is the future, Ms. Adams.

935
00:39:04,617 --> 00:39:07,791
I appreciate your arguments here today.

936
00:39:15,934 --> 00:39:18,202
This is it.

937
00:39:18,236 --> 00:39:19,632
Own it.

938
00:39:24,275 --> 00:39:26,310
My name is Dani Rios.

939
00:39:26,344 --> 00:39:29,379
I stand here today
as a veteran, a patriot,

940
00:39:29,414 --> 00:39:30,781
and the proud daughter of immigrants.

941
00:39:30,815 --> 00:39:31,826
Well, how does it feel to be free?

942
00:39:31,860 --> 00:39:32,983
What is it like to be a folk hero?

943
00:39:33,017 --> 00:39:34,151
I am not a hero.

944
00:39:34,185 --> 00:39:35,886
I am just a regular American citizen

945
00:39:35,920 --> 00:39:37,721
who wanted to shine light on injustice.

946
00:39:43,294 --> 00:39:44,795
Thank you. That's all for now.

947
00:39:44,829 --> 00:39:46,033
Thank you.

948
00:39:59,510 --> 00:40:01,311
I like it.

949
00:40:01,346 --> 00:40:02,412
How long you been working on that?

950
00:40:02,447 --> 00:40:03,747
Long time.

951
00:40:03,781 --> 00:40:05,082
Ever been?

952
00:40:05,116 --> 00:40:07,430
No.

953
00:40:15,684 --> 00:40:17,194
Come home with me.

954
00:40:17,228 --> 00:40:19,463
Barish only gave Keenan six months.

955
00:40:19,497 --> 00:40:21,298
The government wanted two years.

956
00:40:21,332 --> 00:40:22,532
We're celebrating.

957
00:40:22,567 --> 00:40:25,135
I know you prefer wine out of the box,

958
00:40:25,169 --> 00:40:26,470
but this is amazing.

959
00:40:26,504 --> 00:40:28,011
I've got work to do.

960
00:40:28,045 --> 00:40:30,374
If you don't come home with me,
I'll drink this entire bottle.

961
00:40:30,408 --> 00:40:32,976
You know what happens when I
drink an entire bottle of wine.

962
00:40:33,011 --> 00:40:34,945
You do all the Schuyler sister
parts from "Hamilton"

963
00:40:34,979 --> 00:40:36,546
and our neighbor calls the cops.

964
00:40:36,581 --> 00:40:38,949
Don't do that to me.

965
00:40:38,983 --> 00:40:41,051
Please.

966
00:40:44,601 --> 00:40:46,456
Hey, you got to come out for drinks.

967
00:40:46,491 --> 00:40:47,858
No date tonight?

968
00:40:47,892 --> 00:40:49,459
She might need a little cooling-off time.

969
00:40:49,494 --> 00:40:51,528
Well, I can't, thanks. I have to work.

970
00:40:51,562 --> 00:40:53,730
I don't care. I told Seth I
owe him a drink sometime

971
00:40:53,765 --> 00:40:56,466
for his help with the cruise ship.
He said tonight's good.

972
00:40:56,501 --> 00:40:59,369
I'm not drinking alone with him.
Don't make me do that.

973
00:41:13,851 --> 00:41:15,252
Guest of honor.

974
00:41:21,025 --> 00:41:22,159
Reach in my pocket.

975
00:41:22,193 --> 00:41:23,560
Don't.

976
00:41:23,594 --> 00:41:24,861
No way my card's in there.

977
00:41:26,531 --> 00:41:28,432
Dude... That's incredible.

978
00:41:28,466 --> 00:41:30,233
Would've been cooler if it was a rabbit.

979
00:41:32,270 --> 00:41:34,504
_

980
00:41:34,539 --> 00:41:36,606
_

981
00:41:36,641 --> 00:41:38,608
- Can you feel that?
- One more.

982
00:41:38,643 --> 00:41:39,776
Nice.

983
00:41:43,948 --> 00:41:45,515
Hi.

984
00:41:45,550 --> 00:41:48,030
- Long time.
- Too long.

985
00:42:22,211 --> 00:42:25,422
Synced & corrected by -robtor-
www.addic7ed.com

