1
00:00:03,987 --> 00:00:05,628
Welcome to the Mother Court.

2
00:00:05,653 --> 00:00:07,290
Ms. Krissman, I'm on duty today.

3
00:00:07,324 --> 00:00:09,191
When cases come in, I e-mail them to you.

4
00:00:09,225 --> 00:00:10,159
Anybody who's new,

5
00:00:10,193 --> 00:00:12,260
this is United States Attorney,
Douglas Delap.

6
00:00:12,295 --> 00:00:14,165
My mother came by for lunch
and wanted to say hi.

7
00:00:14,199 --> 00:00:15,725
Senator Knox. A pleasure.

8
00:00:15,726 --> 00:00:17,727
Calling your mommy is never a power move.

9
00:00:17,761 --> 00:00:19,238
I don't want fun.

10
00:00:19,263 --> 00:00:21,431
I want challenging, interesting.

11
00:00:21,465 --> 00:00:22,732
You're smart, attractive.

12
00:00:22,767 --> 00:00:23,967
You're a catch.

13
00:00:24,001 --> 00:00:25,869
I'm gonna grab something
to eat if you...?

14
00:00:25,903 --> 00:00:27,370
Think I'm out for this one.

15
00:00:27,405 --> 00:00:28,570
Good night, Kate.

16
00:01:10,681 --> 00:01:13,783
May I come in?

17
00:02:18,114 --> 00:02:20,516
Shade grown. Macadamia milk.

18
00:02:20,550 --> 00:02:22,484
And still I'll drink it.

19
00:02:22,519 --> 00:02:24,753
- Why are you working out here?
- Mm.

20
00:02:24,787 --> 00:02:26,321
My office... there's stuff in it.

21
00:02:26,356 --> 00:02:28,044
You could move it.

22
00:02:28,078 --> 00:02:29,458
And I like looking up at that.

23
00:02:30,460 --> 00:02:32,161
- Duty.
- Duty.

24
00:02:32,195 --> 00:02:34,363
- Duty.
- This makes you happy?

25
00:02:34,397 --> 00:02:36,619
- A little bit.
- What do I do on duty?

26
00:02:36,620 --> 00:02:37,887
Mm, you have two choices.

27
00:02:37,922 --> 00:02:39,522
You can walk across Foley Square

28
00:02:39,557 --> 00:02:41,191
and tell Tina Krissman you're on duty,

29
00:02:41,225 --> 00:02:43,455
in which case, she'll give you this...

30
00:02:46,256 --> 00:02:47,595
Okay. I got it.

31
00:02:48,365 --> 00:02:49,886
Okay.

32
00:02:49,927 --> 00:02:51,728
...or you can check your e-mail.
Either way.

33
00:02:51,762 --> 00:02:53,563
Hey, what are you doing here?

34
00:02:53,597 --> 00:02:54,831
- I work here.
- Fraud.

35
00:02:54,865 --> 00:02:56,544
No, seriously.
I was sworn in with you guys.

36
00:02:56,545 --> 00:02:57,511
That's my office right there.

37
00:02:57,546 --> 00:02:58,846
I got a fraud case.

38
00:02:58,880 --> 00:02:59,980
You had a fraud case, right?

39
00:03:00,015 --> 00:03:01,248
Against Kate Littlejohn.

40
00:03:01,283 --> 00:03:02,750
Is your case against Kate Littlejohn?

41
00:03:02,784 --> 00:03:03,651
No.

42
00:03:03,685 --> 00:03:05,352
Then you should be fine.

43
00:03:05,387 --> 00:03:07,254
I meant, what are you
doing here so early?

44
00:03:07,289 --> 00:03:08,422
Drug hearing.

45
00:03:08,457 --> 00:03:09,690
And now I'm late.

46
00:03:09,724 --> 00:03:11,826
What kind of fraud?

47
00:03:11,860 --> 00:03:13,327
Wine?

48
00:03:13,361 --> 00:03:14,442
Yes, Your Honor.

49
00:03:14,476 --> 00:03:17,498
The defendant, Mr. Mahler,
is a wine forger.

50
00:03:17,532 --> 00:03:18,933
As alleged the indictment,

51
00:03:18,967 --> 00:03:20,634
Mr. Mahler was filling bottles

52
00:03:20,669 --> 00:03:23,037
that appeared to be
rare and expensive vintages

53
00:03:23,071 --> 00:03:24,438
with cheap, fake wine.

54
00:03:24,473 --> 00:03:26,807
Basically fair, but I wouldn't
really call it "cheap".

55
00:03:26,842 --> 00:03:27,949
No talking.

56
00:03:27,983 --> 00:03:29,782
The indictment alleges he made millions.

57
00:03:29,816 --> 00:03:31,863
Those assets were frozen
by the government, Your Honor.

58
00:03:31,897 --> 00:03:34,148
Which is why he needs a public defender.

59
00:03:34,182 --> 00:03:36,050
- Yes, Your Honor.
- Thank you.

60
00:03:36,084 --> 00:03:37,518
With the standard restrictions

61
00:03:37,552 --> 00:03:39,120
and the added requirement

62
00:03:39,154 --> 00:03:40,888
that Mr. Mahler refrains from

63
00:03:40,922 --> 00:03:43,724
the manufacture, sale,
or consumption of wine,

64
00:03:43,758 --> 00:03:45,359
I'll release him pending trial.

65
00:03:45,393 --> 00:03:46,927
We'll stand in recess.

66
00:03:50,398 --> 00:03:52,500
I'd like for you to come by
my office this afternoon

67
00:03:52,534 --> 00:03:53,734
so we can discuss some things.

68
00:03:53,768 --> 00:03:55,536
- It's a date.
- It's not a date.

69
00:03:55,570 --> 00:03:56,826
I can bring lunch.

70
00:03:56,861 --> 00:03:58,038
Don't.

71
00:04:05,496 --> 00:04:07,116
October 5th, 1998...

72
00:04:07,151 --> 00:04:08,415
you remember anything about it?

73
00:04:08,450 --> 00:04:09,550
I was in sixth grade.

74
00:04:09,584 --> 00:04:10,885
Phil Stoller's wedding day.

75
00:04:10,919 --> 00:04:13,254
Congressman Phil Stoller
from the New York 16th?

76
00:04:13,288 --> 00:04:14,522
From the front page.

77
00:04:14,556 --> 00:04:16,257
He's having an affair.

78
00:04:16,291 --> 00:04:18,425
Wasn't a great wedding. Bad oysters.

79
00:04:18,460 --> 00:04:22,428
An ice sculpture that melted
into the shape of a penis.

80
00:04:22,463 --> 00:04:24,598
First dance to "Mustang Sally".

81
00:04:24,633 --> 00:04:26,567
I knew the marriage
was never gonna work out.

82
00:04:26,601 --> 00:04:28,369
I didn't know it was gonna take me out.

83
00:04:28,403 --> 00:04:29,503
Out of what?

84
00:04:29,538 --> 00:04:32,239
The woman Congressman Stoller
was having an affair with

85
00:04:32,274 --> 00:04:33,607
was also married to a printer.

86
00:04:33,642 --> 00:04:36,110
Two days after he found out
about the affair,

87
00:04:36,144 --> 00:04:37,678
Stoller paid half a million dollars

88
00:04:37,712 --> 00:04:38,779
in federal campaign funds

89
00:04:38,813 --> 00:04:40,581
to the husband's printing business.

90
00:04:40,615 --> 00:04:42,550
Hush money, so he wouldn't
expose the affair.

91
00:04:42,584 --> 00:04:43,450
That's the question.

92
00:04:43,485 --> 00:04:45,186
If we can prove Stoller paid the money

93
00:04:45,220 --> 00:04:46,720
in order to keep the affair secret,

94
00:04:46,755 --> 00:04:47,922
we have a case against him

95
00:04:47,956 --> 00:04:49,890
for misappropriation of campaign funds.

96
00:04:49,925 --> 00:04:51,525
If we can't, then we don't.

97
00:04:51,560 --> 00:04:54,094
Roger's conflicted out
because he went to the wedding.

98
00:04:54,129 --> 00:04:55,529
I've already suffered terribly.

99
00:04:55,564 --> 00:04:57,198
That sculpture... it haunts me.

100
00:04:57,232 --> 00:04:59,066
So, this is yours, son.

101
00:04:59,100 --> 00:05:00,267
I honestly have no idea

102
00:05:00,302 --> 00:05:02,203
who you are or where you came from,

103
00:05:02,237 --> 00:05:04,205
but you have Roger's attention.

104
00:05:04,239 --> 00:05:06,574
Nail this case, and you'll have mine.

105
00:05:10,101 --> 00:05:11,879
What are you doing?

106
00:05:11,913 --> 00:05:12,813
Getting ahead of things.

107
00:05:12,847 --> 00:05:14,448
You're getting ahead of work
in my office?

108
00:05:14,482 --> 00:05:16,483
No, I'm getting ahead of
you coming to my office

109
00:05:16,518 --> 00:05:18,085
and interrupting my work.

110
00:05:18,119 --> 00:05:18,919
If I start in here,

111
00:05:18,954 --> 00:05:20,721
I figure I might be safe for the day.

112
00:05:20,755 --> 00:05:22,122
I'll probably still come by.

113
00:05:22,157 --> 00:05:23,624
I've got a big drug case.

114
00:05:23,658 --> 00:05:26,160
This guy gets paid $100
to deliver a package,

115
00:05:26,194 --> 00:05:27,661
throws it in his backpack,

116
00:05:27,696 --> 00:05:29,797
goes into the station at 116th Street,

117
00:05:29,831 --> 00:05:30,664
jumps a turnstile

118
00:05:30,699 --> 00:05:32,499
and gets stopped by a few beat cops.

119
00:05:32,534 --> 00:05:33,734
- Mm-hmm.
- That package?

120
00:05:33,768 --> 00:05:35,569
57 grams of meth.

121
00:05:35,604 --> 00:05:37,471
- 57 grams?
- That's right.

122
00:05:38,376 --> 00:05:41,175
This is 57 grams, and anything over 50

123
00:05:41,209 --> 00:05:43,611
is a mandatory minimum
of 10 years in prison.

124
00:05:43,645 --> 00:05:45,646
The only thing big about your case...

125
00:05:45,680 --> 00:05:47,281
is the sentence.

126
00:05:47,664 --> 00:05:49,316
Thanks for the visit.

127
00:05:51,238 --> 00:05:53,520
My cousin's friend had this friend.

128
00:05:53,555 --> 00:05:55,956
Heard I knew this other guy
from back in the day.

129
00:05:55,991 --> 00:05:57,157
Said I could make some money

130
00:05:57,192 --> 00:05:58,592
if I was willing to be a go-between.

131
00:05:58,627 --> 00:05:59,793
Had you done this before?

132
00:05:59,828 --> 00:06:01,962
- Maybe a few times.
- Mm.

133
00:06:01,997 --> 00:06:03,764
I'm a father now, you know?

134
00:06:03,798 --> 00:06:05,666
I'm just trying to provide.

135
00:06:05,700 --> 00:06:07,434
I didn't know what was in the backpack.

136
00:06:07,469 --> 00:06:09,136
- What did you think it was?
- I don't know.

137
00:06:09,170 --> 00:06:10,371
Something.

138
00:06:10,405 --> 00:06:11,705
I didn't ask.

139
00:06:11,740 --> 00:06:14,074
But I didn't know.

140
00:06:16,144 --> 00:06:18,312
You think there's maybe
a way out of this?

141
00:06:19,547 --> 00:06:21,248
I'll do everything I can.

142
00:06:23,551 --> 00:06:25,519
I completely disagree.

143
00:06:25,553 --> 00:06:27,121
Did you read the paper today?

144
00:06:27,155 --> 00:06:28,255
I don't read the paper.

145
00:06:28,290 --> 00:06:31,422
This kid, Julien Barley,
got stomped to death in prison.

146
00:06:31,456 --> 00:06:32,860
Prison's a tough place.

147
00:06:32,894 --> 00:06:34,461
He didn't belong there.

148
00:06:35,363 --> 00:06:36,530
A lot of people don't.

149
00:06:36,564 --> 00:06:38,017
He lived next door to a stash house.

150
00:06:38,051 --> 00:06:41,468
He went over to play video games
with one of his friends

151
00:06:41,503 --> 00:06:42,870
and the cops raided the place.

152
00:06:42,904 --> 00:06:45,306
There were 12 kilos of cocaine

153
00:06:45,340 --> 00:06:47,841
hidden away in the house.

154
00:06:47,876 --> 00:06:49,576
And Julien?

155
00:06:49,611 --> 00:06:52,413
Got 10 years for playing video games.

156
00:06:52,447 --> 00:06:54,348
This is why I don't read the paper.

157
00:06:54,382 --> 00:06:55,983
Why are you making me wait?

158
00:06:57,218 --> 00:06:58,385
Right.

159
00:07:05,311 --> 00:07:06,694
Just another day, Judge.

160
00:07:20,709 --> 00:07:22,109
All rise.

161
00:07:29,584 --> 00:07:31,785
- Mr. Oliver?
- Thank you, Your Honor.

162
00:07:31,820 --> 00:07:34,054
Rodrigo Puente is charged
in Count 1 of the indictment

163
00:07:34,089 --> 00:07:35,923
with the possession of
a controlled substance

164
00:07:35,957 --> 00:07:37,558
with an intent to distribute.

165
00:07:37,592 --> 00:07:38,592
What substance?

166
00:07:38,626 --> 00:07:39,526
Methamphetamine.

167
00:07:39,561 --> 00:07:41,362
Mr, Puente, have you had an opportunity

168
00:07:41,396 --> 00:07:42,396
to read the indictment?

169
00:07:42,430 --> 00:07:43,430
Yes, Your Honor.

170
00:07:43,465 --> 00:07:45,299
And do you understand the nature
of the charges against you?

171
00:07:45,333 --> 00:07:46,300
Yes, Your Honor.

172
00:07:47,063 --> 00:07:48,802
Was Mr. Puente selling?

173
00:07:48,837 --> 00:07:50,270
No, Your Honor.

174
00:07:52,273 --> 00:07:54,174
- He was a courier?
- Yes, Your Honor.

175
00:07:55,677 --> 00:07:56,744
How much meth?

176
00:07:56,778 --> 00:07:58,145
57 grams.

177
00:07:58,179 --> 00:07:59,913
57 grams?

178
00:08:00,588 --> 00:08:03,217
This is a mandatory minimum of 10 years.

179
00:08:03,251 --> 00:08:04,818
Yes, Your Honor.

180
00:08:05,468 --> 00:08:06,963
Any criminal history?

181
00:08:06,998 --> 00:08:08,522
- Two prior convictions.
- For?

182
00:08:08,556 --> 00:08:11,625
Shoplifting and driving
with a suspended license.

183
00:08:12,350 --> 00:08:14,428
- Misdemeanors.
- Yes, Your Honor.

184
00:08:14,462 --> 00:08:15,362
Non-violent offenses

185
00:08:15,397 --> 00:08:17,164
for which Mr. Puente served no jail time.

186
00:08:17,198 --> 00:08:19,133
And yet still,
two criminal history points

187
00:08:19,167 --> 00:08:20,234
under the statute,

188
00:08:20,268 --> 00:08:23,170
which means he's ineligible
for the safety valve.

189
00:08:23,204 --> 00:08:24,605
Yes, Your Honor.

190
00:08:29,778 --> 00:08:31,945
In terms of a trial date, we propose...

191
00:08:31,980 --> 00:08:34,081
I don't like this case, Mr. Oliver.

192
00:08:34,581 --> 00:08:35,983
I'm sorry, Your Honor?

193
00:08:36,017 --> 00:08:38,084
I don't like this case.

194
00:08:39,020 --> 00:08:40,854
If Mr. Puente is convicted,

195
00:08:40,889 --> 00:08:42,356
I'll be forced to impose a sentence

196
00:08:42,390 --> 00:08:44,091
of 10 years in federal prison

197
00:08:44,125 --> 00:08:45,926
with no chance of parole

198
00:08:45,960 --> 00:08:48,796
on someone with essentially
no criminal history

199
00:08:48,830 --> 00:08:50,864
for carrying a package of meth

200
00:08:50,899 --> 00:08:52,666
the size of your phone.

201
00:08:52,700 --> 00:08:54,802
This is the same mandatory minimum

202
00:08:54,836 --> 00:08:58,005
Mr. Puente would face
for sex trafficking a child.

203
00:08:58,039 --> 00:09:00,774
I am not going to sentence Mr. Puente

204
00:09:00,809 --> 00:09:02,810
to 10 years in prison.

205
00:09:03,811 --> 00:09:05,946
Not today.

206
00:09:05,980 --> 00:09:12,943
Synced & corrected by -robtor-
www.addic7ed.com

207
00:09:13,675 --> 00:09:15,142
The judge wants us to take another look

208
00:09:15,177 --> 00:09:17,173
- at the Puente prosecution.
- Done.

209
00:09:17,207 --> 00:09:18,816
He's unhappy with the charges.

210
00:09:18,841 --> 00:09:20,033
He's unhappy with the law.

211
00:09:20,068 --> 00:09:21,376
Tell him to write his Congressman.

212
00:09:21,410 --> 00:09:22,877
Do you actually want me to tell him that?

213
00:09:22,911 --> 00:09:25,046
Or you can tell him
to rev up the DeLorean

214
00:09:25,080 --> 00:09:26,681
and take Mr. Puente back in time

215
00:09:26,715 --> 00:09:29,240
to before he decided to carry
57 grams of meth.

216
00:09:29,275 --> 00:09:31,425
I'll probably just tell the
judge our position stands,

217
00:09:31,460 --> 00:09:33,020
- leave out the rest.
- Either way.

218
00:09:33,055 --> 00:09:34,233
Who's the judge?

219
00:09:34,267 --> 00:09:35,467
Byrne.

220
00:09:35,501 --> 00:09:37,041
Doesn't sound like Judge Byrne.

221
00:09:37,075 --> 00:09:38,092
Is this unusual?

222
00:09:38,127 --> 00:09:41,496
Judges will sometimes express their
displeasure about something.

223
00:09:41,530 --> 00:09:43,364
I've never heard of something so direct.

224
00:09:43,399 --> 00:09:44,465
It was pretty direct.

225
00:09:45,326 --> 00:09:46,393
Who is that?

226
00:09:48,883 --> 00:09:49,916
No idea.

227
00:09:51,192 --> 00:09:52,726
That's her duty case?

228
00:09:54,276 --> 00:09:55,676
Really?

229
00:09:57,880 --> 00:10:00,047
Roger and Delap just gave me
a new investigation.

230
00:10:00,082 --> 00:10:02,374
I'm incredibly happy for you.

231
00:10:02,409 --> 00:10:03,508
Really?

232
00:10:03,543 --> 00:10:05,054
No. I don't care.

233
00:10:05,088 --> 00:10:07,789
It's a sensitive case, so I
can't get into the details...

234
00:10:07,823 --> 00:10:08,923
Perfect.

235
00:10:08,957 --> 00:10:11,692
If I can make this, I think I'll
really be on Delap's radar.

236
00:10:14,919 --> 00:10:15,919
You okay?

237
00:10:15,953 --> 00:10:17,254
I'm fine.

238
00:10:17,288 --> 00:10:18,822
Yeah?

239
00:10:18,856 --> 00:10:20,690
Yeah.

240
00:10:22,460 --> 00:10:25,171
I'm going to donor lunch
tomorrow with my mom.

241
00:10:25,172 --> 00:10:27,473
She always likes it when I show my
face, do a little "grip-and-grin".

242
00:10:27,507 --> 00:10:28,841
If you're interested.

243
00:10:28,875 --> 00:10:31,281
I don't grip, I don't grin.
Zero interest.

244
00:10:31,845 --> 00:10:33,312
Yeah, you seem fine.

245
00:10:37,184 --> 00:10:39,006
- Thanks for having me in.
- I'm your lawyer.

246
00:10:39,040 --> 00:10:40,086
Still.

247
00:10:40,120 --> 00:10:42,154
These are serious charges, Toby.

248
00:10:42,189 --> 00:10:44,056
Well, then, I'm glad
I have a serious lawyer.

249
00:10:44,091 --> 00:10:45,291
Too serious, maybe?

250
00:10:46,927 --> 00:10:48,060
What is that?

251
00:10:48,095 --> 00:10:49,395
The judge specifically said

252
00:10:49,429 --> 00:10:51,564
no manufacturing, sale, or consumption.

253
00:10:51,598 --> 00:10:53,099
This is a gift.

254
00:10:53,133 --> 00:10:55,267
Have you ever had
a 1982 Chateau Blanquefort?

255
00:10:55,302 --> 00:10:57,436
- It's evidence.
- Of God.

256
00:10:57,471 --> 00:10:58,871
It's transcendent.

257
00:10:58,905 --> 00:11:00,172
Lush and supple.

258
00:11:00,207 --> 00:11:02,538
Velvet on the tongue, visceral.

259
00:11:02,573 --> 00:11:05,344
Like nothing you've ever
experienced in your life.

260
00:11:06,880 --> 00:11:08,414
The real stuff, anyway.

261
00:11:08,448 --> 00:11:11,617
This... is a fake. Here, have it.

262
00:11:11,651 --> 00:11:13,629
You'll never be able
to tell the difference.

263
00:11:13,663 --> 00:11:15,354
I can tell the difference.

264
00:11:15,388 --> 00:11:17,423
You can't. Most people can't.

265
00:11:17,457 --> 00:11:19,725
Most people have no idea
what they're drinking.

266
00:11:19,760 --> 00:11:22,027
If the label is attractive
and the price is high,

267
00:11:22,062 --> 00:11:23,095
it's good.

268
00:11:23,130 --> 00:11:25,397
If it's cheap and unattractive,

269
00:11:25,432 --> 00:11:26,432
it's not good.

270
00:11:26,466 --> 00:11:27,767
You went to Yale, right?

271
00:11:27,801 --> 00:11:29,969
- Yes.
- Same thing.

272
00:11:30,003 --> 00:11:31,403
I hear "Yale",

273
00:11:31,438 --> 00:11:32,972
I think "you're a great lawyer."

274
00:11:33,006 --> 00:11:34,740
I don't hear "Yale", then I wonder...

275
00:11:34,775 --> 00:11:35,741
what are you?

276
00:11:35,776 --> 00:11:37,409
I'm a great lawyer.

277
00:11:37,444 --> 00:11:38,744
Ah, I hope so.

278
00:11:39,224 --> 00:11:42,151
The point is, I love wine.

279
00:11:42,186 --> 00:11:44,483
I dropped out of community
college when I was 19.

280
00:11:44,518 --> 00:11:45,751
I worked for a year

281
00:11:45,786 --> 00:11:47,553
to save up money to go to France,

282
00:11:47,587 --> 00:11:49,789
and the day I had my first real Burgundy,

283
00:11:49,823 --> 00:11:51,891
I knew.

284
00:11:51,925 --> 00:11:53,492
This is what I was meant to do.

285
00:11:53,527 --> 00:11:55,327
I loved everything about it...

286
00:11:55,362 --> 00:11:57,329
the craft, the history.

287
00:11:57,364 --> 00:11:59,231
Started collecting.

288
00:11:59,266 --> 00:12:00,766
I was happy.

289
00:12:00,801 --> 00:12:04,403
And then one day, I accidentally
bought a fake bottle.

290
00:12:04,437 --> 00:12:06,238
It actually broke my heart.

291
00:12:06,273 --> 00:12:08,318
I started to see it all around me.

292
00:12:08,352 --> 00:12:09,542
The posers,

293
00:12:09,576 --> 00:12:11,577
people pretending to care about wine

294
00:12:11,611 --> 00:12:14,580
when all they cared about
was the money, the status.

295
00:12:14,614 --> 00:12:16,916
Forgery was my revenge.

296
00:12:16,950 --> 00:12:19,351
You know, if I hadn't slipped up

297
00:12:19,386 --> 00:12:21,086
and made these little typos,

298
00:12:21,121 --> 00:12:22,521
nobody ever would have known.

299
00:12:25,158 --> 00:12:27,927
Your watch... it's a fake.

300
00:12:27,961 --> 00:12:31,330
This was a gift from my parents.

301
00:12:32,799 --> 00:12:34,466
It's the thought that counts.

302
00:12:36,263 --> 00:12:38,370
People need to know the truth
about Congressman Stoller.

303
00:12:38,405 --> 00:12:41,440
The truth is, I wanted to
leave my husband and marry Phil.

304
00:12:41,474 --> 00:12:44,677
He begged me to wait
until after his reelection.

305
00:12:44,711 --> 00:12:47,446
He told me he would leave his wife, too.

306
00:12:47,480 --> 00:12:48,848
That was four years ago.

307
00:12:48,882 --> 00:12:50,616
I let him string me along

308
00:12:50,650 --> 00:12:53,052
until he and my husband
settled on a price.

309
00:12:53,086 --> 00:12:55,454
Now I'm stuck in this hotel room.

310
00:12:55,488 --> 00:12:56,822
No home to go back to.

311
00:12:56,857 --> 00:12:59,458
I can't go outside without
the tabloids chasing me.

312
00:13:00,346 --> 00:13:03,128
Your husband found out about the
affair on the morning of the 14th?

313
00:13:03,163 --> 00:13:04,204
Yes.

314
00:13:04,238 --> 00:13:07,366
And he confronted Stoller on the 15th.

315
00:13:07,400 --> 00:13:08,667
Two days later on the 17th,

316
00:13:08,702 --> 00:13:10,052
your husband's printing company

317
00:13:10,086 --> 00:13:12,504
got a huge order
from the Stoller campaign...

318
00:13:12,539 --> 00:13:14,173
half a million dollars.

319
00:13:14,207 --> 00:13:16,976
Phil paid him off
to keep the affair quiet.

320
00:13:17,010 --> 00:13:18,744
That's certainly what it looks like,

321
00:13:18,778 --> 00:13:19,979
but it's circumstantial.

322
00:13:20,013 --> 00:13:22,147
Except it's not. He told me.

323
00:13:22,182 --> 00:13:24,717
My husband said he was gonna
make Phil pay.

324
00:13:24,751 --> 00:13:26,801
- He said that?
- More than once.

325
00:13:26,836 --> 00:13:29,054
And Phil called me and said
he was gonna pay.

326
00:13:29,089 --> 00:13:30,422
Do you have any e-mails or texts

327
00:13:30,457 --> 00:13:33,058
or any written communication
about any of this?

328
00:13:33,093 --> 00:13:34,126
No.

329
00:13:35,528 --> 00:13:37,162
But you have me.

330
00:13:39,386 --> 00:13:40,432
Mr. Oliver.

331
00:13:40,467 --> 00:13:43,502
Has the government had an opportunity
to reconsider its position?

332
00:13:43,536 --> 00:13:44,737
Yes, Your Honor.

333
00:13:44,771 --> 00:13:46,872
The government's position is unchanged.

334
00:13:47,769 --> 00:13:50,336
Tell Roger Gunn I want to
see him in my chambers.

335
00:13:50,371 --> 00:13:51,644
I've spoken to Mr. Gunn

336
00:13:51,678 --> 00:13:54,380
and advised him of
the circumstances, Your Honor.

337
00:13:54,414 --> 00:13:55,681
I'm here.

338
00:13:55,715 --> 00:13:58,450
I represent the United States Government.

339
00:13:58,485 --> 00:14:00,619
Mr. Oliver.

340
00:14:00,654 --> 00:14:02,554
Please approach.

341
00:14:10,463 --> 00:14:12,965
Did you represent
the United States Government

342
00:14:12,999 --> 00:14:14,400
in the Locarno matter

343
00:14:14,434 --> 00:14:17,436
when you added charges
to the superseding indictment

344
00:14:17,470 --> 00:14:19,605
for the sole purpose of
pressuring Ms. Locarno

345
00:14:19,639 --> 00:14:20,639
into a plea deal

346
00:14:20,674 --> 00:14:24,510
in violation of the
US Attorney Manual 9-27.300?

347
00:14:26,313 --> 00:14:27,915
I want to talk about Rodrigo Puente.

348
00:14:27,950 --> 00:14:30,115
- I know why we're here.
- He's facing 10 years.

349
00:14:30,150 --> 00:14:31,550
I didn't write the law.

350
00:14:31,584 --> 00:14:33,519
- If he had seven grams less...
- He didn't.

351
00:14:35,755 --> 00:14:37,735
I'm just trying to talk with you.

352
00:14:39,092 --> 00:14:40,592
That's what this is, a talk?

353
00:14:40,627 --> 00:14:42,970
Without defense counsel,
without a court reporter?

354
00:14:43,616 --> 00:14:45,597
I don't like this kind of talk.

355
00:14:46,607 --> 00:14:48,113
What are you doing, Judge?

356
00:14:48,548 --> 00:14:50,688
I'm trying to do the right thing.

357
00:14:52,872 --> 00:14:54,640
"I don't care about what you believe.

358
00:14:54,674 --> 00:14:56,342
Win the damn case!"

359
00:14:56,376 --> 00:14:58,911
That's what you taught me
when you had my job

360
00:14:58,945 --> 00:15:00,312
and I was Seth Oliver.

361
00:15:00,347 --> 00:15:01,676
I was wrong.

362
00:15:01,710 --> 00:15:03,928
No, you were right.

363
00:15:04,517 --> 00:15:05,617
You were tough.

364
00:15:05,652 --> 00:15:07,686
You believed that if we got
emotional about every case,

365
00:15:07,721 --> 00:15:09,980
we couldn't do our job
and that our job is important.

366
00:15:10,015 --> 00:15:11,623
You said drugs had victims

367
00:15:11,658 --> 00:15:14,059
and we cared about those victims.

368
00:15:15,528 --> 00:15:17,096
You were right.

369
00:15:18,798 --> 00:15:21,533
I'm not letting this go.

370
00:15:22,447 --> 00:15:24,169
Then Rodrigo Puente

371
00:15:24,204 --> 00:15:26,429
isn't the only person
who's gonna suffer here.

372
00:15:34,579 --> 00:15:39,227
Well, that's a hell of a question, Steve,

373
00:15:39,252 --> 00:15:42,154
how the Senate will handle
banking reform.

374
00:15:42,189 --> 00:15:44,356
And you want me to answer that

375
00:15:44,391 --> 00:15:47,393
with all these bankers
standing 10 feet away?

376
00:15:47,427 --> 00:15:48,861
Thanks a lot!

377
00:15:50,797 --> 00:15:52,998
Fortunately, I get to change the subject

378
00:15:53,033 --> 00:15:55,167
and introduce my eldest son, Leonard,

379
00:15:55,202 --> 00:15:57,523
who thinks I didn't see him slip in.

380
00:15:58,205 --> 00:15:59,538
Jim Orsua at Hartmann-Carlyle?

381
00:15:59,573 --> 00:16:00,506
- Yes.
- You talked to him?

382
00:16:00,540 --> 00:16:01,607
Yes. He introduced himself.

383
00:16:01,641 --> 00:16:03,409
He went to Harvard, too.

384
00:16:03,443 --> 00:16:05,377
So did everyone in that room.

385
00:16:05,412 --> 00:16:07,112
Charlie Phillips at Rincon.

386
00:16:07,147 --> 00:16:09,415
Darren Caner from Rock River Equity.

387
00:16:09,449 --> 00:16:10,716
Steve Hewes at Vonner Capital.

388
00:16:10,750 --> 00:16:12,480
They've all been good supporters.

389
00:16:12,515 --> 00:16:13,886
I talked to them all.

390
00:16:13,920 --> 00:16:15,387
I need to get back.

391
00:16:15,422 --> 00:16:18,224
To your investigation
of Congressman Stoller?

392
00:16:19,503 --> 00:16:21,260
When were you gonna tell me?

393
00:16:22,131 --> 00:16:25,007
You're interviewing his campaign staff.

394
00:16:25,032 --> 00:16:26,238
It's all over Washington.

395
00:16:26,272 --> 00:16:28,748
I don't have ravens watching you.

396
00:16:28,749 --> 00:16:30,216
I can't talk about Congressman Stoller.

397
00:16:30,250 --> 00:16:31,851
I don't want to talk
about the Congressman.

398
00:16:31,885 --> 00:16:33,653
I want to talk about you.

399
00:16:33,687 --> 00:16:36,222
This isn't good for you.

400
00:16:36,256 --> 00:16:38,057
It could be. If I win.

401
00:16:38,091 --> 00:16:39,225
And if you don't?

402
00:16:39,259 --> 00:16:40,775
When was the last time I didn't win?

403
00:16:40,809 --> 00:16:41,994
When you were a 1L.

404
00:16:42,029 --> 00:16:43,462
I won the Hotchkiss prize.

405
00:16:43,497 --> 00:16:45,031
Second semester, not the first.

406
00:16:45,065 --> 00:16:46,818
I don't care about Stoller.

407
00:16:46,853 --> 00:16:50,903
And I would never interfere
with a federal investigation.

408
00:16:50,938 --> 00:16:54,740
All I'm saying
is that you need to be careful.

409
00:16:54,775 --> 00:16:56,742
And I'm saying this as your mom.

410
00:16:56,777 --> 00:16:58,144
I know you are.

411
00:16:58,178 --> 00:17:00,346
And I appreciate it.

412
00:17:00,380 --> 00:17:01,714
But I got this.

413
00:17:10,481 --> 00:17:12,825
- Just the two of us?
- Yes.

414
00:17:12,859 --> 00:17:14,360
Are you sure?

415
00:17:14,394 --> 00:17:15,995
Yes.

416
00:17:19,042 --> 00:17:21,477
Puente needs to trade up.

417
00:17:21,512 --> 00:17:22,745
If he can give
the government something...

418
00:17:22,780 --> 00:17:24,647
You don't think I know this? I know this.

419
00:17:24,681 --> 00:17:26,349
This is what I do.

420
00:17:26,383 --> 00:17:29,218
This is what I did with you many times.

421
00:17:29,253 --> 00:17:31,687
He doesn't have anything to trade, Judge.

422
00:17:31,722 --> 00:17:33,356
He has to find someone.

423
00:17:33,390 --> 00:17:36,058
Well, he can't make someone up.

424
00:17:36,093 --> 00:17:38,327
He doesn't deserve this.

425
00:17:39,083 --> 00:17:41,731
Neither did Jordan Ahmed.

426
00:17:41,765 --> 00:17:43,432
Or Michael Frontiere.

427
00:17:43,467 --> 00:17:45,935
Or Merced Jimenez,
and that was just last week.

428
00:17:45,969 --> 00:17:49,038
We defend people like
Rodrigo Puente every day,

429
00:17:49,072 --> 00:17:52,542
and every day, they don't deserve this.

430
00:17:53,431 --> 00:17:55,511
Today is different.

431
00:17:55,546 --> 00:17:57,180
The only thing
different about today is you.

432
00:17:58,248 --> 00:17:59,949
You've imposed this sentence

433
00:17:59,983 --> 00:18:02,785
more times than I can remember.

434
00:18:02,820 --> 00:18:06,088
When you went to the bench,
I wasn't optimistic.

435
00:18:06,123 --> 00:18:08,524
I'm speaking frankly, just the two of us.

436
00:18:08,559 --> 00:18:11,894
But you've surprised me...
your compassion, your mercy.

437
00:18:11,929 --> 00:18:15,077
You've also had blind spots,

438
00:18:15,966 --> 00:18:17,700
and this was one of them.

439
00:18:24,007 --> 00:18:26,422
This is a good thing,

440
00:18:27,110 --> 00:18:28,945
whatever's happening to you.

441
00:18:41,656 --> 00:18:44,260
"Stainless steel", blah, blah, blah.

442
00:18:44,294 --> 00:18:45,628
Something about Geneva.

443
00:18:45,662 --> 00:18:47,296
Okay, here it is...

444
00:18:47,331 --> 00:18:48,831
each watch has a unique serial number

445
00:18:48,866 --> 00:18:49,899
engraved on the back.

446
00:18:49,933 --> 00:18:52,031
"H" followed by six numbers.

447
00:18:52,836 --> 00:18:55,004
Toby's right. It's a fake.

448
00:18:55,038 --> 00:18:56,138
Mm.

449
00:18:56,173 --> 00:18:58,074
Do you have any idea how much
my parents paid for this?

450
00:18:58,108 --> 00:18:59,742
Don't think about it.

451
00:18:59,776 --> 00:19:01,944
Have more fake wine.

452
00:19:03,280 --> 00:19:04,547
- Mmm. Ah!

453
00:19:05,782 --> 00:19:07,650
I really can't tell the difference.

454
00:19:07,684 --> 00:19:09,652
This guy is good.

455
00:19:09,686 --> 00:19:11,754
- Looking.
- That too.

456
00:19:11,788 --> 00:19:13,823
How is it that your first time on duty,

457
00:19:13,857 --> 00:19:15,364
you get him?

458
00:19:15,399 --> 00:19:17,340
Great packaging, I confess,

459
00:19:17,375 --> 00:19:20,296
but this is a hard case inside.

460
00:19:20,330 --> 00:19:22,164
He made fake wine. They found a lab.

461
00:19:22,199 --> 00:19:24,300
None of this is really in question.

462
00:19:24,334 --> 00:19:26,026
I should probably get rid of this, huh?

463
00:19:26,060 --> 00:19:28,337
Why? Because it doesn't have
an authentic serial number?

464
00:19:28,372 --> 00:19:29,372
Who cares?

465
00:19:29,406 --> 00:19:30,873
You love that watch.

466
00:19:30,908 --> 00:19:32,875
And it works.

467
00:19:32,910 --> 00:19:34,113
Does it work?

468
00:19:34,147 --> 00:19:35,978
Or do you think
that's why you get in late?

469
00:19:36,313 --> 00:19:37,947
It bothers me it isn't real.

470
00:19:37,981 --> 00:19:40,883
Are we really just going to
give up on that idea?

471
00:19:40,918 --> 00:19:42,852
That there is something important

472
00:19:42,886 --> 00:19:45,054
about quality and authenticity?

473
00:19:45,088 --> 00:19:46,722
Am I really supposed to believe

474
00:19:46,757 --> 00:19:48,624
that what's on the inside doesn't count?

475
00:19:49,326 --> 00:19:50,493
Toby believes that.

476
00:19:50,527 --> 00:19:52,028
He didn't always.

477
00:19:53,897 --> 00:19:56,065
He didn't always believe that.

478
00:19:56,099 --> 00:19:57,388
That's it.

479
00:20:26,697 --> 00:20:28,597
Let's talk about Vonner Capital.

480
00:20:28,632 --> 00:20:30,066
You know I have a tight schedule.

481
00:20:30,100 --> 00:20:30,967
What's this all about?

482
00:20:31,001 --> 00:20:32,535
Vonner Capital's where Phil Stoller went

483
00:20:32,569 --> 00:20:34,403
for the money to pay off
his mistress' husband.

484
00:20:34,438 --> 00:20:36,038
The top three executives
of Vonner Capital

485
00:20:36,073 --> 00:20:38,074
are all huge donors of yours, too.

486
00:20:38,108 --> 00:20:40,009
- I wasn't aware of that.
- I think you were.

487
00:20:40,043 --> 00:20:42,011
I think that's why
you wanted me off this case.

488
00:20:42,045 --> 00:20:43,879
If Vonner Capital gets implicated

489
00:20:43,914 --> 00:20:45,678
in a federal criminal investigation,

490
00:20:45,713 --> 00:20:47,144
you're linked to tainted donors,

491
00:20:47,179 --> 00:20:48,918
forced to return millions
in contributions.

492
00:20:48,952 --> 00:20:50,830
Your own fundraising
goes under the microscope.

493
00:20:50,864 --> 00:20:53,122
If I was so worried this
investigation would tarnish me,

494
00:20:53,156 --> 00:20:55,024
don't you think I'd ask you to drop it

495
00:20:55,058 --> 00:20:57,193
- instead of dropping off of it?
- You're too smart.

496
00:20:57,227 --> 00:20:58,761
That'd be obstruction.

497
00:20:58,795 --> 00:21:01,060
My career does not depend on one donor.

498
00:21:01,094 --> 00:21:04,600
Your career depends on
putting yourself first.

499
00:21:04,634 --> 00:21:06,002
Ahead of your own son.

500
00:21:08,071 --> 00:21:09,939
How can you even think that?

501
00:21:11,274 --> 00:21:12,775
First campaign you ever ran,

502
00:21:12,809 --> 00:21:13,976
how many TV ads did you stick me in?

503
00:21:14,011 --> 00:21:15,444
Four?

504
00:21:15,479 --> 00:21:16,812
I was a prop to you.

505
00:21:16,847 --> 00:21:17,980
I still am.

506
00:21:18,015 --> 00:21:19,148
You begged to be in those ads.

507
00:21:19,182 --> 00:21:20,549
I was 10,

508
00:21:20,584 --> 00:21:23,552
and maybe I just wanted
to be with my mom.

509
00:21:23,587 --> 00:21:25,554
It's not my career, Leonard. It's ours.

510
00:21:25,589 --> 00:21:28,124
In fact, yours more than mine.

511
00:21:28,158 --> 00:21:30,292
And you're gonna go
a lot farther than I have.

512
00:21:30,327 --> 00:21:32,316
You're gonna go all the way.

513
00:21:35,079 --> 00:21:37,733
If we can give the government
someone higher up... anyone...

514
00:21:37,768 --> 00:21:39,101
it might help.

515
00:21:39,136 --> 00:21:40,269
I don't know anybody.

516
00:21:40,303 --> 00:21:42,171
The person you got the package from.

517
00:21:42,205 --> 00:21:43,472
A.P.

518
00:21:43,507 --> 00:21:44,606
A.P.?

519
00:21:44,641 --> 00:21:46,842
He made less on this than I did.

520
00:21:46,877 --> 00:21:47,977
Is there anybody else?

521
00:21:48,011 --> 00:21:49,478
I'm not in the game.

522
00:21:49,513 --> 00:21:52,615
It was just... easy money.

523
00:21:53,337 --> 00:21:56,252
This judge, he's all right, right?

524
00:21:58,021 --> 00:21:59,822
He doesn't want
to sentence you to 10 years,

525
00:21:59,856 --> 00:22:01,424
- but if you don't...
- 10 years.

526
00:22:01,458 --> 00:22:03,359
10 years?

527
00:22:07,798 --> 00:22:12,001
My son, he's six months old.

528
00:22:12,035 --> 00:22:13,803
He's doing that thing where he...

529
00:22:13,837 --> 00:22:15,137
he pulls himself up.

530
00:22:15,172 --> 00:22:17,339
He's so proud, he's standing,

531
00:22:17,374 --> 00:22:21,177
and then boom, he's flat, you know?

532
00:22:24,347 --> 00:22:27,249
Like where the hell did
that floor come from?

533
00:22:33,157 --> 00:22:35,291
How long have you been
with the DEA, Agent Manello?

534
00:22:35,325 --> 00:22:36,619
11 years, 10 months.

535
00:22:36,654 --> 00:22:38,894
Based on your training
and experience, Agent Manello,

536
00:22:38,929 --> 00:22:39,962
do you have an opinion

537
00:22:39,996 --> 00:22:42,698
as to whether drug organizations
ever use couriers

538
00:22:42,732 --> 00:22:44,700
who are unaware of what
they're transporting?

539
00:22:44,734 --> 00:22:46,251
I've never seen that, sir.

540
00:22:46,285 --> 00:22:47,870
Agent Manello, you weren't
the arresting agent

541
00:22:47,904 --> 00:22:49,805
- in this case, correct?
- That's correct.

542
00:22:49,840 --> 00:22:51,874
And you have no previous history
with Mr. Puente?

543
00:22:51,908 --> 00:22:53,075
Correct.

544
00:22:53,110 --> 00:22:55,464
So is it fair to say that you
have no personal knowledge

545
00:22:55,498 --> 00:22:58,047
as to whether Mr. Puente was aware

546
00:22:58,081 --> 00:23:01,083
that the package he was carrying
contained methamphetamines?

547
00:23:01,118 --> 00:23:03,052
I can only testify to my experience.

548
00:23:03,086 --> 00:23:04,053
And in my experience,

549
00:23:04,087 --> 00:23:06,188
drug couriers always know
what they are carrying

550
00:23:06,223 --> 00:23:08,257
and when detained, always claim not to.

551
00:23:08,871 --> 00:23:11,160
But isn't it possible
that Mr. Puente thought...

552
00:23:11,194 --> 00:23:12,728
You ever order take-out?

553
00:23:13,730 --> 00:23:15,097
Yes, Your Honor.

554
00:23:15,132 --> 00:23:16,365
Ever pick up at the restaurant?

555
00:23:16,399 --> 00:23:17,399
Bag is stapled.

556
00:23:17,434 --> 00:23:19,301
You grab it, walk away,
don't look in the bag.

557
00:23:20,865 --> 00:23:22,138
I suppose I have, Your Honor.

558
00:23:22,172 --> 00:23:24,673
Now let's say you get stopped
on your walk home.

559
00:23:24,708 --> 00:23:26,036
Police look in the bag.

560
00:23:26,071 --> 00:23:28,110
Find out every carton in your take-out

561
00:23:28,145 --> 00:23:29,445
is packed with cocaine.

562
00:23:29,479 --> 00:23:30,880
What would you say?

563
00:23:32,249 --> 00:23:33,521
I asked you a question.

564
00:23:33,555 --> 00:23:35,417
I would say I didn't know
that was in there.

565
00:23:35,452 --> 00:23:37,019
So you'd agree it's at least possible

566
00:23:37,053 --> 00:23:38,237
Mr. Puente was carrying something

567
00:23:38,271 --> 00:23:39,889
he didn't know the contents of, right?

568
00:23:40,615 --> 00:23:41,795
I can't say.

569
00:23:41,829 --> 00:23:44,026
Well, you've done that. You just
testified you've done that, right?

570
00:23:44,861 --> 00:23:46,228
Answer the question, Agent Manello.

571
00:23:46,263 --> 00:23:47,796
Objection.

572
00:23:48,660 --> 00:23:50,199
Yes or no.

573
00:23:50,233 --> 00:23:51,248
Objection.

574
00:23:51,283 --> 00:23:53,481
I'm entitled to ask questions
in my own courtroom.

575
00:23:53,516 --> 00:23:55,137
And I'm entitled to object.

576
00:23:55,172 --> 00:23:56,372
This isn't gonna work.

577
00:23:56,406 --> 00:23:58,073
What you're doing...
it's never gonna work.

578
00:24:01,311 --> 00:24:02,278
You're right.

579
00:24:02,312 --> 00:24:03,397
It's not.

580
00:24:04,214 --> 00:24:07,550
I'm gonna instruct the jury
that if they convict Puente,

581
00:24:07,584 --> 00:24:08,951
he faces a mandatory minimum

582
00:24:08,985 --> 00:24:10,581
- of 10 years in prison.
- Judge...

583
00:24:10,615 --> 00:24:12,655
You cannot tell the jury
about the potential sentence.

584
00:24:12,689 --> 00:24:13,656
You cannot do that!

585
00:24:13,690 --> 00:24:15,224
I can, and I'm going to.

586
00:24:15,258 --> 00:24:18,327
That is a flagrant violation
of judicial conduct.

587
00:24:18,361 --> 00:24:21,497
Jill, this is wrong.

588
00:24:25,202 --> 00:24:26,602
I have a client.

589
00:24:26,636 --> 00:24:28,237
I work for Rodrigo Puente.

590
00:24:31,308 --> 00:24:33,509
I'm going to instruct the jury
about the sentence.

591
00:24:34,206 --> 00:24:38,948
I'm not sentencing Mr. Puente
to 10 years in prison.

592
00:24:44,714 --> 00:24:46,460
Forget your past with him for a second.

593
00:24:46,485 --> 00:24:48,420
- This isn't about my past with him.
- He's a good judge.

594
00:24:48,454 --> 00:24:50,699
I don't agree with him a lot. I don't.
But he's honorable.

595
00:24:50,733 --> 00:24:53,012
If he's willing to try something
this extreme,

596
00:24:53,037 --> 00:24:54,236
don't you think there
might be something here

597
00:24:54,270 --> 00:24:55,203
worth taking a minute to...

598
00:24:55,238 --> 00:24:57,572
There is nothing I can do.

599
00:24:57,607 --> 00:24:59,574
You could drop the quantity of drugs

600
00:24:59,609 --> 00:25:01,209
from the indictment.

601
00:25:01,244 --> 00:25:03,679
That gets him out from
the mandatory minimum.

602
00:25:03,713 --> 00:25:05,580
I don't want to get him out
from the mandatory minimum.

603
00:25:05,615 --> 00:25:06,949
You're working from the wrong assumption.

604
00:25:06,983 --> 00:25:08,102
This is the law.

605
00:25:08,136 --> 00:25:09,685
I'm trying to enforce the law.

606
00:25:14,290 --> 00:25:16,591
The Congressman places a massive order

607
00:25:16,626 --> 00:25:17,793
with a small, unproven,

608
00:25:17,827 --> 00:25:19,795
never-used-before printing company

609
00:25:19,829 --> 00:25:22,764
owned by the husband of
the Congressman's mistress.

610
00:25:22,799 --> 00:25:24,366
Bring charges.

611
00:25:25,501 --> 00:25:28,136
Congressman places a substantial
but much-needed order

612
00:25:28,171 --> 00:25:29,705
with a legitimate printing company

613
00:25:29,739 --> 00:25:30,906
in the last days of an expensive

614
00:25:30,940 --> 00:25:32,641
and competitive reelection campaign.

615
00:25:32,675 --> 00:25:34,576
Don't bring charges.

616
00:25:34,610 --> 00:25:36,111
The case relies entirely on the testimony

617
00:25:36,145 --> 00:25:37,646
of a credible, sympathetic witness

618
00:25:37,680 --> 00:25:38,547
with a consistent story

619
00:25:38,581 --> 00:25:41,249
and nothing to materially gain by lying.

620
00:25:41,284 --> 00:25:42,751
Bring charges.

621
00:25:42,785 --> 00:25:43,919
A case that relies entirely

622
00:25:43,953 --> 00:25:45,420
on the uncorroborated testimony

623
00:25:45,455 --> 00:25:46,822
of a self-righteously angry witness

624
00:25:46,856 --> 00:25:48,483
with a thirst for revenge.

625
00:25:48,518 --> 00:25:50,592
Don't bring charges.

626
00:25:51,861 --> 00:25:53,428
What's the score so far?

627
00:25:53,463 --> 00:25:55,130
It's a three-way tie
between "bring charges,"

628
00:25:55,164 --> 00:25:57,332
"don't bring charges,"
and "I shoot myself."

629
00:25:57,367 --> 00:25:59,466
- Do you want to know what my gut says?
- No.

630
00:25:59,500 --> 00:26:01,051
My gut says this a rare opportunity

631
00:26:01,086 --> 00:26:03,171
to make a personal impression
on the United States Attorney

632
00:26:03,206 --> 00:26:05,307
and the chance of that
happening again anytime soon

633
00:26:05,341 --> 00:26:06,575
is slim to nada.

634
00:26:06,609 --> 00:26:07,609
Don't do that.

635
00:26:07,643 --> 00:26:09,277
Mix English and Spanish
in the same sentence.

636
00:26:09,312 --> 00:26:10,312
- It's...
- Awesome?

637
00:26:10,346 --> 00:26:12,848
Terrible. Look, there is evidence

638
00:26:12,882 --> 00:26:14,483
and strong arguments on both sides.

639
00:26:14,517 --> 00:26:15,851
There's no right answer here.

640
00:26:15,885 --> 00:26:17,452
You just have to make a call.

641
00:26:17,487 --> 00:26:19,019
Can you grab me that binder?

642
00:26:27,389 --> 00:26:29,765
You gave up on what you cared about.

643
00:26:29,799 --> 00:26:31,666
You love wine,

644
00:26:31,701 --> 00:26:32,968
but you're helping to destroy it

645
00:26:33,002 --> 00:26:34,336
in the name of revenge.

646
00:26:34,370 --> 00:26:36,004
Don't do that.

647
00:26:36,039 --> 00:26:38,273
If there is rampant fraud
in the industry,

648
00:26:38,307 --> 00:26:40,509
why are you making it worse?

649
00:26:40,543 --> 00:26:41,810
Why not try to stop it?

650
00:26:41,844 --> 00:26:43,812
This is my defense?

651
00:26:43,846 --> 00:26:46,181
Actually, it is.

652
00:26:57,427 --> 00:26:59,828
1984 Garmeaux et Fournier.

653
00:26:59,862 --> 00:27:01,563
Correct.

654
00:27:06,169 --> 00:27:07,335
Hmm.

655
00:27:07,370 --> 00:27:09,237
2005 Domaine Greuze Bourgogne.

656
00:27:22,785 --> 00:27:25,253
This one isn't here.

657
00:27:25,288 --> 00:27:29,491
It's probably claiming to be that
bottle of 1997 Domaine Sagnier,

658
00:27:29,525 --> 00:27:31,359
which is a blend of pinot noir
and chardonnay,

659
00:27:31,394 --> 00:27:33,161
but it's actually a mix of...

660
00:27:34,230 --> 00:27:35,864
...Gamay...

661
00:27:35,898 --> 00:27:37,232
Pinot gris.

662
00:27:40,903 --> 00:27:42,504
That is correct.

663
00:27:42,538 --> 00:27:44,739
Here's the deal.

664
00:27:44,774 --> 00:27:46,575
You can continue with this case

665
00:27:46,609 --> 00:27:48,243
against a small player like Toby,

666
00:27:48,277 --> 00:27:49,945
who got into this forgery for noble,

667
00:27:49,979 --> 00:27:52,080
albeit misguided reasons,

668
00:27:52,115 --> 00:27:55,183
or you can retain the exclusive services

669
00:27:55,218 --> 00:27:57,786
of one of the most distinguished
palates in the world

670
00:27:57,820 --> 00:27:59,921
to help you in the detection
and prosecution

671
00:27:59,956 --> 00:28:02,557
of systematic, large-scale wine fraud...

672
00:28:02,592 --> 00:28:05,627
the kind of fraud that you
actually really care about.

673
00:28:11,901 --> 00:28:14,936
I really want to take you to France.

674
00:28:25,081 --> 00:28:26,615
Go ahead.

675
00:28:27,817 --> 00:28:29,384
I believe that Congressman Stoller

676
00:28:29,418 --> 00:28:30,552
misappropriated campaign funds

677
00:28:30,586 --> 00:28:32,888
for the purposes of concealing
the affair he was having.

678
00:28:32,922 --> 00:28:34,923
File the case.

679
00:28:35,614 --> 00:28:38,326
But I don't believe I can prove it.

680
00:28:38,361 --> 00:28:39,961
I can walk you through my rationale.

681
00:28:39,996 --> 00:28:42,063
If there's no case, there's no case.

682
00:28:44,000 --> 00:28:46,601
Walking out of my office now
would be just fine.

683
00:28:46,636 --> 00:28:48,503
Thank you, Mr. Fox.

684
00:28:49,566 --> 00:28:51,673
Knox.

685
00:28:51,707 --> 00:28:52,841
Mr. Knox.

686
00:29:00,016 --> 00:29:02,951
Doesn't sound like the Nick Byrne I know.

687
00:29:02,985 --> 00:29:04,208
He used to be a judge.

688
00:29:04,242 --> 00:29:05,620
People change.

689
00:29:05,655 --> 00:29:07,355
File an emergency Writ of Mandamus

690
00:29:07,390 --> 00:29:08,456
in the 2nd Circuit.

691
00:29:08,491 --> 00:29:10,926
That'll prevent Byrne from
giving the jury instruction.

692
00:29:10,960 --> 00:29:14,663
If he ignores that,
he's finished as a judge.

693
00:29:15,278 --> 00:29:18,934
We can file a superseding indictment
without any quantity of drugs.

694
00:29:18,969 --> 00:29:20,669
That would give the judge the flexibility

695
00:29:20,703 --> 00:29:22,437
to avoid the mandatory minimum.

696
00:29:22,471 --> 00:29:24,039
We don't do that.

697
00:29:24,073 --> 00:29:26,441
This is an exceptional circumstance.

698
00:29:28,077 --> 00:29:29,420
Why?

699
00:29:29,455 --> 00:29:31,646
This defendant has no priors
with jail time.

700
00:29:31,681 --> 00:29:32,948
That doesn't sound exceptional.

701
00:29:32,982 --> 00:29:34,983
That sounds like
what the law contemplates.

702
00:29:35,017 --> 00:29:36,618
Have you gone soft, Roger?

703
00:29:36,652 --> 00:29:38,353
File the Writ.

704
00:29:45,161 --> 00:29:46,628
File the Writ.

705
00:29:52,235 --> 00:29:53,902
Yes, sir.

706
00:29:59,709 --> 00:30:01,676
Young and ruthless.

707
00:30:01,711 --> 00:30:03,378
Remember that?

708
00:30:14,929 --> 00:30:16,396
You shouldn't have done that.

709
00:30:16,431 --> 00:30:17,631
I was given an order.

710
00:30:17,665 --> 00:30:19,132
You can question an order.

711
00:30:19,167 --> 00:30:20,434
You have an ethical obligation

712
00:30:20,468 --> 00:30:21,968
to question an order
you don't believe in.

713
00:30:23,938 --> 00:30:26,473
"You're prosecuting the case
because I told you to.

714
00:30:26,507 --> 00:30:27,874
I told you to prosecute the case

715
00:30:27,909 --> 00:30:29,476
because she broke the law."

716
00:30:29,510 --> 00:30:32,412
That's what you said last time
I questioned an order...

717
00:30:32,447 --> 00:30:33,613
of yours.

718
00:30:33,648 --> 00:30:35,882
Maybe I was wrong.

719
00:30:36,370 --> 00:30:38,504
I don't think you were.

720
00:30:40,001 --> 00:30:41,468
I filed the Writ.

721
00:30:47,888 --> 00:30:49,756
- No charges.
- Okay, then.

722
00:30:54,135 --> 00:30:55,802
I think I made the right decision.

723
00:30:55,837 --> 00:30:57,771
I'm worried my mom got into my head.

724
00:30:57,805 --> 00:31:00,006
Your mommy is in your head
and you're in my office.

725
00:31:00,041 --> 00:31:01,508
Everyone is suffering.

726
00:31:01,542 --> 00:31:03,095
Are you jealous?

727
00:31:03,130 --> 00:31:05,316
- Of what?
- Me.

728
00:31:05,350 --> 00:31:06,680
Why would I be jealous of you?

729
00:31:06,714 --> 00:31:08,500
'Cause I got the high-profile
case and you didn't.

730
00:31:08,534 --> 00:31:09,966
You mean the secret investigation

731
00:31:10,001 --> 00:31:12,118
that turned into nothing?
No. Not jealous.

732
00:31:12,153 --> 00:31:14,488
I'd understand if you were.

733
00:31:14,522 --> 00:31:16,623
What do you want from me? You
want me to drop everything

734
00:31:16,657 --> 00:31:18,391
to make you feel important? You
need to find somebody else

735
00:31:18,426 --> 00:31:20,494
to babysit your self-esteem.

736
00:31:20,528 --> 00:31:21,862
I don't want that job.

737
00:31:21,896 --> 00:31:23,296
You're so judgmental.

738
00:31:23,331 --> 00:31:24,664
Is that supposed to be an insult?

739
00:31:24,699 --> 00:31:26,600
- I can do better.
- Unlikely.

740
00:31:26,634 --> 00:31:27,968
You're cold.

741
00:31:28,002 --> 00:31:28,835
Ouchy.

742
00:31:28,870 --> 00:31:31,037
You're self-righteous. You're rigid.

743
00:31:31,072 --> 00:31:33,206
You're boring, predictable, bland,

744
00:31:33,241 --> 00:31:35,942
callow, shallow, pretentious,
sententious, whiny.

745
00:31:35,977 --> 00:31:38,211
These are insults.

746
00:31:38,246 --> 00:31:39,990
I want you to leave my office.

747
00:31:40,024 --> 00:31:41,548
- Would it work?
- Would what work?

748
00:31:41,582 --> 00:31:42,782
Us.

749
00:31:43,651 --> 00:31:45,118
Would we work?

750
00:31:46,627 --> 00:31:48,428
You asked me out for a drink
and I said no.

751
00:31:48,453 --> 00:31:52,690
Because I worried about
what would happen to us.

752
00:31:54,810 --> 00:31:56,344
Would it work?

753
00:32:04,377 --> 00:32:05,505
It was just a drink.

754
00:32:05,540 --> 00:32:09,119
I'm sorry if I gave you
the wrong impression.

755
00:32:12,113 --> 00:32:13,413
Nothing to be sorry about.

756
00:32:14,074 --> 00:32:15,441
Leonard?

757
00:32:17,043 --> 00:32:20,720
I scored it 7-6 in favor of "no charges."

758
00:32:20,755 --> 00:32:23,049
You did the right thing.

759
00:32:25,459 --> 00:32:27,294
Thanks for keeping score.

760
00:32:40,241 --> 00:32:42,742
Who delivers the Writ? Tina?

761
00:32:42,777 --> 00:32:45,579
I think so. I don't know.

762
00:32:45,613 --> 00:32:46,680
This is weird.

763
00:32:46,714 --> 00:32:47,714
Yes.

764
00:32:47,748 --> 00:32:49,716
Like, not in that way
where we don't know anything

765
00:32:49,750 --> 00:32:50,717
and we think everything is weird.

766
00:32:50,751 --> 00:32:52,719
This is actually weird.

767
00:32:52,753 --> 00:32:54,220
That way. Yes.

768
00:32:54,949 --> 00:32:56,616
When Byrne started 30 years ago,

769
00:32:56,641 --> 00:32:58,308
he probably walked in here every day.

770
00:32:58,333 --> 00:33:01,068
Feeling righteous,

771
00:33:01,093 --> 00:33:04,128
waking up, wanting to do the right thing,

772
00:33:04,153 --> 00:33:06,020
putting the bad guys in jail.

773
00:33:06,045 --> 00:33:08,680
I'm sure it's intoxicating, in theory.

774
00:33:08,810 --> 00:33:09,776
But it never ends.

775
00:33:09,904 --> 00:33:11,805
There's always another bad guy,

776
00:33:11,839 --> 00:33:13,974
and sometimes the bad guys
aren't that bad.

777
00:33:14,008 --> 00:33:16,876
It must break you a little every day.

778
00:33:16,911 --> 00:33:19,112
Not you... I don't mean you. Just...

779
00:33:20,581 --> 00:33:22,538
...the idealism...

780
00:33:22,572 --> 00:33:23,783
the belief in the law

781
00:33:23,818 --> 00:33:25,885
and all that's right
and beautiful about it.

782
00:33:27,460 --> 00:33:29,623
Maybe it's hard to sustain.

783
00:33:29,657 --> 00:33:32,248
And then someone makes you a judge,

784
00:33:32,249 --> 00:33:35,285
and now... now you have the power

785
00:33:35,319 --> 00:33:36,619
because you decide.

786
00:33:36,654 --> 00:33:39,568
But you don't, not really.
Not all the time.

787
00:33:39,602 --> 00:33:40,857
At what point does some clerk

788
00:33:40,891 --> 00:33:42,826
find you in your chambers
rending your garments

789
00:33:42,860 --> 00:33:44,361
and carving "no hope" into your chest

790
00:33:44,395 --> 00:33:45,895
with a picture of your dog
looking over you?

791
00:33:45,930 --> 00:33:47,030
Dude.

792
00:33:47,064 --> 00:33:48,286
Yep. Sorry.

793
00:33:48,320 --> 00:33:50,500
Just talking.

794
00:34:00,611 --> 00:34:03,813
I don't think Byrne's lost his idealism.

795
00:34:03,848 --> 00:34:05,515
I don't think
he'd be doing this if he did.

796
00:34:05,549 --> 00:34:07,517
I think that's what this is about.

797
00:34:07,551 --> 00:34:08,551
It's real.

798
00:34:08,586 --> 00:34:11,488
That righteous feeling
you wake up with ever day.

799
00:34:11,522 --> 00:34:13,089
I wake up with it.

800
00:34:13,124 --> 00:34:14,591
So do you.

801
00:34:18,254 --> 00:34:20,163
The Second Circuit granted the Writ.

802
00:34:21,899 --> 00:34:23,900
You can't issue those
instructions to the jury,

803
00:34:23,934 --> 00:34:25,101
which means...

804
00:34:25,136 --> 00:34:26,503
I know what it means.

805
00:34:31,688 --> 00:34:33,610
It's time for me to step down.

806
00:34:33,644 --> 00:34:35,678
Then you don't know what that means.

807
00:34:37,148 --> 00:34:39,716
This all has to end somewhere.

808
00:34:40,651 --> 00:34:42,952
Julien Barley is dead.

809
00:34:44,955 --> 00:34:47,290
That is a fact.

810
00:34:47,324 --> 00:34:50,593
It is a cold, sad fact,

811
00:34:50,628 --> 00:34:52,762
but a fact nonetheless.

812
00:34:52,797 --> 00:34:55,231
I looked it up.

813
00:34:55,266 --> 00:34:57,867
You sentenced Julien Barley.

814
00:34:57,902 --> 00:35:00,870
A cold, sad fact.

815
00:35:01,457 --> 00:35:06,075
And nothing you're doing
is gonna bring him back.

816
00:35:08,179 --> 00:35:09,746
I don't normally lecture grown men

817
00:35:09,780 --> 00:35:11,548
because they're stupid
and they don't listen,

818
00:35:11,582 --> 00:35:13,383
but you need to hear this.

819
00:35:13,417 --> 00:35:16,152
You are rare.

820
00:35:17,098 --> 00:35:19,017
You are good.

821
00:35:19,657 --> 00:35:21,057
You're not the world's greatest judge,

822
00:35:21,091 --> 00:35:22,325
but you're better than most.

823
00:35:22,359 --> 00:35:24,394
You are fair.

824
00:35:24,428 --> 00:35:28,598
You are a black man.

825
00:35:28,632 --> 00:35:31,654
You keep hot sauce in your drawer.

826
00:35:32,703 --> 00:35:35,238
You do more staying on the bench

827
00:35:35,272 --> 00:35:37,507
than nailing yourself to this cross.

828
00:35:43,180 --> 00:35:44,781
That's it.

829
00:35:44,815 --> 00:35:45,849
I'm done.

830
00:35:45,883 --> 00:35:46,916
You're a grown man.

831
00:35:46,951 --> 00:35:48,588
The choice is yours.

832
00:35:53,657 --> 00:35:57,694
Just let me know if, uh...
I got to get my own.

833
00:37:58,561 --> 00:37:59,828
All rise!

834
00:38:01,430 --> 00:38:04,399
The honorable
Judge Nicholas Byrne presiding.

835
00:38:20,950 --> 00:38:23,118
Will the defendant please rise?

836
00:38:28,657 --> 00:38:30,191
Mr. Puente, you have been found guilty

837
00:38:30,226 --> 00:38:31,760
of possession of a controlled substance

838
00:38:31,794 --> 00:38:33,528
with intent to distribute.

839
00:38:33,562 --> 00:38:35,263
This was a non-violent offense.

840
00:38:35,297 --> 00:38:36,531
You have been honest and forthright

841
00:38:36,565 --> 00:38:37,632
in this courtroom.

842
00:38:37,666 --> 00:38:39,067
You have shown remorse.

843
00:38:39,101 --> 00:38:40,935
As far as I can tell,

844
00:38:40,970 --> 00:38:42,570
you are a decent young man

845
00:38:42,605 --> 00:38:45,039
who found himself in a bad situation.

846
00:38:46,475 --> 00:38:48,309
I am not from New York,

847
00:38:49,078 --> 00:38:51,579
but I am a New Yorker.

848
00:38:52,372 --> 00:38:53,882
I cam here on a Greyhound bus

849
00:38:53,916 --> 00:38:56,985
from Gasden, Alabama in 1965.

850
00:38:57,019 --> 00:39:00,288
This city has changed
substantially since then.

851
00:39:00,322 --> 00:39:02,991
There are no cars in Times Square.

852
00:39:03,025 --> 00:39:05,460
Brooklyn is filled with high-rises.

853
00:39:05,494 --> 00:39:08,496
Black folks are a minority
in Harlem these days.

854
00:39:08,531 --> 00:39:11,999
Crime is at an all-time low in Manhattan.

855
00:39:13,969 --> 00:39:15,770
But no one ever seems

856
00:39:15,805 --> 00:39:19,073
to ask the question they should be asking

857
00:39:19,108 --> 00:39:22,885
in between their Broadway shows
and swanky dinners.

858
00:39:24,947 --> 00:39:26,981
"At what cost?"

859
00:39:28,284 --> 00:39:31,453
Here, from this bench,

860
00:39:31,487 --> 00:39:33,788
listening to cases just like yours,

861
00:39:33,823 --> 00:39:35,924
I see the cost.

862
00:39:37,226 --> 00:39:40,069
The cost looks me in the eye.

863
00:39:41,030 --> 00:39:44,132
The cost runs deep.

864
00:39:46,068 --> 00:39:47,936
It shatters lives,

865
00:39:47,970 --> 00:39:49,771
splinters families,

866
00:39:49,805 --> 00:39:51,172
destroys futures.

867
00:39:51,207 --> 00:39:53,174
It is unrepentant.

868
00:39:55,711 --> 00:39:59,514
This is rightly a bitter pill
to swallow, Mr. Puente...

869
00:40:01,050 --> 00:40:02,650
...but you are the cost.

870
00:40:05,087 --> 00:40:07,542
Julien Barley is the cost.

871
00:40:15,397 --> 00:40:19,033
We are cannibalizing
a generation of New Yorkers...

872
00:40:20,703 --> 00:40:22,637
...but this is happening
all over the country.

873
00:40:22,671 --> 00:40:25,740
Low-level, non-violent crimes

874
00:40:25,774 --> 00:40:31,012
that trigger disproportionate
mandatory minimum sentences.

875
00:40:31,871 --> 00:40:34,148
And I'm part of the problem.

876
00:40:37,720 --> 00:40:40,922
I have not spoken out
against these sentences.

877
00:40:41,464 --> 00:40:44,526
I've failed you, I failed Julien Barley,

878
00:40:44,560 --> 00:40:48,396
I've failed thousands of other
underrepresented people.

879
00:40:49,555 --> 00:40:53,167
I have not done my duty as a New Yorker,

880
00:40:53,202 --> 00:40:57,071
as a black American, as a father...

881
00:40:57,106 --> 00:41:00,074
to protect people who look like me,

882
00:41:00,109 --> 00:41:02,277
walk the same streets as I do,

883
00:41:02,311 --> 00:41:06,748
from laws that are not designed
to rehabilitate,

884
00:41:06,782 --> 00:41:08,950
but to destroy.

885
00:41:10,753 --> 00:41:13,788
My hands are reluctantly
and unwillingly tied

886
00:41:13,822 --> 00:41:15,223
in this situation.

887
00:41:18,460 --> 00:41:20,295
I have no choice

888
00:41:20,329 --> 00:41:22,730
but to sentence you, Mr. Puente,

889
00:41:22,765 --> 00:41:25,700
to 10 years in federal prison.

890
00:41:28,070 --> 00:41:29,404
I have no business

891
00:41:29,438 --> 00:41:32,874
asking anything of you, Mr. Puente,

892
00:41:32,908 --> 00:41:36,044
but I would ask you to take
a long look at your family

893
00:41:36,078 --> 00:41:38,713
on your way out of this courtroom.

894
00:41:39,939 --> 00:41:42,083
Lock that picture in your head

895
00:41:42,117 --> 00:41:44,052
and do not let go of it.

896
00:41:46,188 --> 00:41:47,455
Hold on to it.

897
00:41:49,024 --> 00:41:51,158
That is hope

898
00:41:51,760 --> 00:41:53,595
when there's no hope left.

899
00:41:56,131 --> 00:41:57,503
Please...

900
00:41:57,538 --> 00:42:01,469
do not let anyone
take that away from you.

901
00:42:07,509 --> 00:42:09,344
One last thing, Mr. Puente.

902
00:42:11,113 --> 00:42:12,981
I'm so very sorry.

903
00:42:15,861 --> 00:42:21,426
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