1
00:00:02,379 --> 00:00:03,421
Previously
on "For the People"...

2
00:00:03,421 --> 00:00:04,464
This is your home,
your kitchen...

3
00:00:04,464 --> 00:00:05,465
[ Refrigerator door opens ]
...your food.

4
00:00:05,465 --> 00:00:06,591
Not that.
That's Seth's.

5
00:00:06,591 --> 00:00:08,552
[ Pounding on door ]
Your listing said

6
00:00:08,552 --> 00:00:10,136
"One‐bedroom apartment,"

7
00:00:10,136 --> 00:00:11,221
nothing about sharing.

8
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[ Air blasting ]

9
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My mother came by for lunch
and wanted to say hi.

10
00:00:14,266 --> 00:00:16,560
I hope my son is doing
an adequate job for you,

11
00:00:16,560 --> 00:00:18,436
but if he's not,
promise you'll never show him

12
00:00:18,436 --> 00:00:20,397
any special favor
just because of me.

13
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Deal. If anything,
I'll make it even harder on him.

14
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How about that?

15
00:00:23,400 --> 00:00:24,150
Prison isn't the answer
for everything.

16
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Have some compassion.

17
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I have compassion for people
who follow the rules.

18
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Did you ever break a rule?

19
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For which you didn't pay
the appropriate price?

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00:00:29,990 --> 00:00:30,949
Has that ever happened?

21
00:00:30,949 --> 00:00:32,033
You could be
a good lawyer.

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What did I get?

23
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You said,
on the first day,

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"Get something."

25
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You got beat.

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And now you got
to get up.

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[ Alex Goose & Hemlock Ernst's
"No Label" plays ]

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♪♪

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♪ Wanna be respected as a man,
not a label ♪

30
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♪ Wanna be a legend,
not a fable ♪

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♪ Just trying to put food
on my family's table ♪

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00:00:50,343 --> 00:00:51,845
♪ And I'm ready, willing,
and able ♪

33
00:00:51,845 --> 00:00:53,888
♪ To lay all the cash
on this blacktop ♪

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♪ The bar slinger, Harriet
with the hair trigger finger ♪

35
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♪ Signed, sealed, delivered,
heavy ball swinger ♪

36
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♪ Cash and card clinger ♪

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♪ Remember the kiss
behind the gym? ♪

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♪ She stepped up at grade six ♪

39
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♪ Now it's caked fish
in the lobby ♪
[ Elevator bell dings ]

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♪ A diamond hobby,
Lexington Grand ♪

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♪ Handle hard
and stick to the plan ♪

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♪ Handle hard
and then we're in it for life ♪

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♪ No passion out the dog
in this fight ♪

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♪ Just too bright
in this limelight ♪

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♪ Dimes pop up in low places,
give me your name ♪

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♪ She likes the way
I move platelets ♪

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♪ Heaven and earth
in one millisecond ♪

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♪ Cursed to move heaven
from birth in one vivisection ♪

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♪ And I'm up for it ♪

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♪ Crowd's applause
all worth the problems ♪

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♪ Seeming a gladiator
in the coliseum ♪

52
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♪ Problems find me
when I'm hardly breathing ♪

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♪ Head heavy
with my lady screaming ♪

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♪ She love and hate me,
and she love to hate me ♪

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♪ Wanna be respected as a man,
not a label ♪

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♪ Wanna be a legend,
not a fable ♪

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♪ Just trying to put food
on my family's table ♪

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♪ And I'm ready, willing,
and able ♪

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♪ To lay all the cash
on this blacktop ♪

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♪ Wanna be respected as a man,
not a label ♪

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♪ Wanna be a legend,
not a fable ♪

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♪ Just trying to put food
on my family's table ♪

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♪ And I'm ready, willing,
and able ♪

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♪ To lay all the cash
on this blacktop ♪

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Dani Rios.

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Dani Rios.

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26, ex‐military,
now a government contractor

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working for the NSA
in intelligence analysis.

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You see where this
is going?

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She's a whistle‐blower...
She's a thief...

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...who allegedly leaked
documents revealing

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that the NSA has been
illegally accessing

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confidential
medical databases

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in order to identify
undocumented Americans.

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...who stole highly‐classified
government files

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jeopardizing an important
national security initiative.

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She sent the documents
to a fringe left‐wing website.

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The mainstream media.

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The documents haven't
been published.
...yet.

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But there are rumors
of the programs existence.

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If I were to guess...
I am certain...

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...Dani is an idealist...
...a punk...

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...well‐intentioned...
...sanctimonious...

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...misguided...
...entitled...

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...in over her...
...swollen head.

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I'm giving this case
to you, Sandra,

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because I think you can
connect with her...

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I'm giving this case to you,
Littlejohn,

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because I know you'll want
to crush her...

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...because you understand
the rule breakers.

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...because you believe
in the rule of law.

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Do your best.

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Win.

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Taj Mahal?

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No.

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Do you know how long it took me
to get here on the train?

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[ Chuckles ]
You took the train?

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45 minutes.

99
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It takes 45 minutes.

100
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You're nervous,
aren't you?

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It's my first
sentencing.

102
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Oh, well,
you're gonna do great.

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Is this your new case?

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Mm‐hmm.

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Okay, now I'm nervous.

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I've read
your sentencing brief.

107
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It's superb.

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Y‐You always do this.

109
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Not that. This.

110
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You're up against
Kate Littlejohn.

111
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So what?
Not so what.

112
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Talk to Jay.
Definitely not "so what."

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Hey.

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I'm busy.

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I thought
you'd like to know

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that things are getting better
with me and Ezra.

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My Airbnb roommate.

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We worked out this, uh...
shower schedule.

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As long as I'm in by 5:00,

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I can stay in there
as long as I want ‐‐

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literally as long
as I want.

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I negotiated that.

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So...that's pretty cool.

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Do you need something?

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Just wanted to say "hi,"
good morning.

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I'm glad you showered.

127
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I just have this new case,
and it's a lot.

128
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This partner in my old law firm
once told me

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the first thing you do
when you get a case

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is find out
who opposing counsel is.

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Most of the time,
it's some deadbeat,

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and then you feel better
about yourself.

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Opposing counsel
is Sandra Bell.

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So that partner's advice
was pretty bad all around.

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♪♪

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♪♪

137
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♪♪

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You're gonna tell the judge
my uncle gave me that gun

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after our apartment
got broken into twice?

140
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Yes. Everything is
in our papers.

141
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And those kids who stopped me
and little brother that day

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are in a gang.

143
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I bought the gun just
to get them to back off.

144
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I would never hurt anyone,
but I got to protect Donovan.

145
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We've only got each other.

146
00:04:40,448 --> 00:04:42,075
I know, Keenan.
I know.

147
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But you did plead guilty
to possession of a firearm.

148
00:04:44,494 --> 00:04:46,746
We have to be prepared
for some jail time.

149
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If I go away for too long,

150
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I don't know what'll happen
to my mom and Donovan.

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I take care of them.

152
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Judge Barish will
factor all of this

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into her sentencing
determination.

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She's reasonable.

155
00:04:57,298 --> 00:05:00,301
[ Elevator bell dings
in distance ]

156
00:05:00,301 --> 00:05:02,512
I've reviewed
the pre‐sentence report,

157
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and I have both
of your briefs.

158
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I'm prepared to impose
my sentence.

159
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I do want to inform you
that I'll be utilizing

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00:05:08,518 --> 00:05:11,521
the Greene‐Haot risk‐assessment
software, EVALUATE,

161
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to assist in determining
the appropriate sentence.

162
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Software?

163
00:05:14,607 --> 00:05:16,693
An algorithm that makes
a determination

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00:05:16,693 --> 00:05:18,903
about the defendant's
potential recidivism.

165
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Many courts across the country
are already utilizing this tool.

166
00:05:22,657 --> 00:05:24,242
I'm sorry, Your Honor.

167
00:05:24,242 --> 00:05:25,910
Can the court
educate counsel

168
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on what factors go
into this algorithm?

169
00:05:28,121 --> 00:05:29,873
There are
a lot of factors,

170
00:05:29,873 --> 00:05:32,125
but the exact formula
is proprietary.

171
00:05:32,125 --> 00:05:34,961
What we do know is that
this technology promises

172
00:05:34,961 --> 00:05:38,214
to bring uniformity and fairness
and scientific discipline

173
00:05:38,214 --> 00:05:40,091
to an area of law
that has always been

174
00:05:40,091 --> 00:05:41,718
arbitrary and capricious.

175
00:05:41,718 --> 00:05:43,386
This is a good thing,
Ms. Adams.

176
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You're asking my client
to simply have faith

177
00:05:45,722 --> 00:05:47,473
that this program is fair?

178
00:05:47,473 --> 00:05:51,060
I am not asking you
or your client anything.

179
00:05:51,060 --> 00:05:54,188
I am telling you how I plan
on determining this sentence.

180
00:05:54,188 --> 00:05:56,983
If you need faith
in something,

181
00:05:56,983 --> 00:05:59,402
have faith that I've been
a federal judge for 17 years

182
00:05:59,402 --> 00:06:00,820
and I know what I'm doing.

183
00:06:00,820 --> 00:06:02,780
Respectfully, Your Honor,

184
00:06:02,780 --> 00:06:05,116
I'd like the opportunity
to address the court

185
00:06:05,116 --> 00:06:06,910
on the software
before sentencing.

186
00:06:06,910 --> 00:06:09,746
I'll give you one week
to prepare an argument.

187
00:06:09,746 --> 00:06:11,247
We're in recess.

188
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♪♪

189
00:06:12,790 --> 00:06:13,958
[ Knocks on door ]

190
00:06:13,958 --> 00:06:16,544
You went up against
Kate Littlejohn, right?

191
00:06:16,544 --> 00:06:18,338
Why would you say that name
in this office?

192
00:06:18,338 --> 00:06:19,839
This is a safe space.

193
00:06:19,839 --> 00:06:21,841
What's the problem
with her?

194
00:06:21,841 --> 00:06:23,259
You ever go to a movie
and there are, like,

195
00:06:23,259 --> 00:06:24,677
two people talking
right behind you

196
00:06:24,677 --> 00:06:26,304
and they're ruining your movie
and you're like,

197
00:06:26,304 --> 00:06:27,805
"Mm! I really want
to say something,

198
00:06:27,805 --> 00:06:30,099
but I'm scared
they're gonna dog‐pile me"?

199
00:06:30,099 --> 00:06:32,769
And then some other person
just says, "Hey, shut up!"

200
00:06:32,769 --> 00:06:34,395
And the people talking
shut up,

201
00:06:34,395 --> 00:06:36,105
and you're really grateful
for that person

202
00:06:36,105 --> 00:06:37,231
and wondering why
you were so wimpy,

203
00:06:37,231 --> 00:06:38,942
but then you start worrying

204
00:06:38,942 --> 00:06:40,443
that person
who told them to shut up

205
00:06:40,443 --> 00:06:42,236
is now gonna yell at you
about something,

206
00:06:42,236 --> 00:06:43,321
and you realize
that person

207
00:06:43,321 --> 00:06:45,156
is the person
that really scares you?

208
00:06:45,156 --> 00:06:46,491
That's Kate Littlejohn.

209
00:06:46,491 --> 00:06:48,618
She's intense
and uncompromising,

210
00:06:48,618 --> 00:06:51,788
and she instills in you
an incalculable fear...

211
00:06:51,788 --> 00:06:55,708
and dread.

212
00:06:55,708 --> 00:06:58,378
I think you might not have
the same issues I did, though.

213
00:06:58,378 --> 00:07:00,296
♪♪

214
00:07:00,296 --> 00:07:02,090
You went up against
Sandra Bell, right?

215
00:07:02,090 --> 00:07:03,758
And won. Why?

216
00:07:03,758 --> 00:07:05,885
She's opposing counsel
on my next case.

217
00:07:05,885 --> 00:07:06,928
Did you get the leaker case?

218
00:07:06,928 --> 00:07:08,054
Don't tell me you got
the leaker case.

219
00:07:08,054 --> 00:07:10,640
O...kay.

220
00:07:10,640 --> 00:07:11,474
Did you get
the leaker case?

221
00:07:11,474 --> 00:07:13,184
Yes.

222
00:07:13,184 --> 00:07:14,936
If it was anybody but you,
I'd be annoyed.

223
00:07:14,936 --> 00:07:16,145
You're annoyed.
Super‐annoyed.

224
00:07:16,145 --> 00:07:17,855
Roger's punishing me
for bringing my mom here.

225
00:07:17,855 --> 00:07:19,440
Tell me about Sandra.

226
00:07:19,440 --> 00:07:21,818
She's self‐righteous,
passionate, in your face.

227
00:07:21,818 --> 00:07:23,695
I don't like her. I don't
like what she represents.

228
00:07:23,695 --> 00:07:25,405
I don't like who she represents,
and if I ever got arrested,

229
00:07:25,405 --> 00:07:28,324
she'd probably be
the first person I'd call.

230
00:07:28,324 --> 00:07:31,244
I can cancel my date tonight
and work on this with you.

231
00:07:31,244 --> 00:07:32,912
I don't want you
to cancel your date.

232
00:07:32,912 --> 00:07:34,122
You sure?

233
00:07:34,122 --> 00:07:35,623
Yes.
Oh.

234
00:07:35,623 --> 00:07:39,669
I'll be thinking about you
the whole time.

235
00:07:39,669 --> 00:07:41,671
High‐profile case,
Kate Littlejohn.

236
00:07:41,671 --> 00:07:43,423
The press is gonna have
a field day with this.

237
00:07:43,423 --> 00:07:47,969
It's important.
It's not high profile.

238
00:07:47,969 --> 00:07:49,345
[ Buzzer blares ]

239
00:07:49,345 --> 00:07:51,347
You know what they're
doing, right?

240
00:07:51,347 --> 00:07:53,433
They're accessing
hospital databases

241
00:07:53,433 --> 00:07:55,309
without
patients' permission.

242
00:07:55,309 --> 00:07:57,770
They say it is
an anti‐terror program,

243
00:07:57,770 --> 00:08:00,064
a‐a way to find people
who are off the grid,

244
00:08:00,064 --> 00:08:02,316
but they're not using it
to find terrorists.

245
00:08:02,316 --> 00:08:04,110
They're using it
to deport people,

246
00:08:04,110 --> 00:08:06,195
regular people,

247
00:08:06,195 --> 00:08:08,448
people who were brave enough
and hopeful enough

248
00:08:08,448 --> 00:08:10,283
to leave everything they knew
and come here.

249
00:08:10,283 --> 00:08:13,161
I was trying to do
the right thing.

250
00:08:13,161 --> 00:08:14,662
I know you were.

251
00:08:14,662 --> 00:08:16,789
But it may have been the
right thing at the wrong time.

252
00:08:16,789 --> 00:08:19,500
The government is aggressively
prosecuting leakers right now.

253
00:08:19,500 --> 00:08:21,043
They're gonna try
to punish you.

254
00:08:21,043 --> 00:08:22,962
I believe our best chance
is gonna be to try

255
00:08:22,962 --> 00:08:25,131
to negotiate with the government
for a deal.

256
00:08:25,131 --> 00:08:27,508
You face decades in prison
if you get convicted at trial.

257
00:08:27,508 --> 00:08:29,719
A deal, I might be able
to get it down to five years.

258
00:08:29,719 --> 00:08:32,472
I never thought
I'd end up in here.

259
00:08:32,472 --> 00:08:33,723
In jail? Me?

260
00:08:33,723 --> 00:08:35,433
Two tours in Iraq,

261
00:08:35,433 --> 00:08:37,435
and now I'm an enemy
of the state,

262
00:08:37,435 --> 00:08:40,021
all over the news.

263
00:08:40,021 --> 00:08:41,814
You're not
all over the news.

264
00:08:41,814 --> 00:08:43,608
♪♪

265
00:08:43,608 --> 00:08:45,318
Kate: We never sent out
a press release.

266
00:08:45,318 --> 00:08:46,903
'Cause we didn't
want any press.

267
00:08:46,903 --> 00:08:49,155
Isn't the point of prosecuting
a leaker to send a message?

268
00:08:49,155 --> 00:08:50,990
No, the point
of prosecuting a leaker

269
00:08:50,990 --> 00:08:52,867
is to stop the leaking
of classified information.

270
00:08:52,867 --> 00:08:54,243
The more we talk about it,

271
00:08:54,243 --> 00:08:55,703
the greater the risk
that information gets out.

272
00:08:55,703 --> 00:08:57,205
Well, I think
it was a mistake.

273
00:08:57,205 --> 00:08:59,332
Burying this makes it look like
we're hiding something.

274
00:08:59,332 --> 00:09:00,666
We are.

275
00:09:00,666 --> 00:09:03,002
[ Chuckling ] Well,
if I was on the other side,

276
00:09:03,002 --> 00:09:04,170
I'd do something
with that.

277
00:09:05,379 --> 00:09:07,215
They never issued
a press release.

278
00:09:07,215 --> 00:09:08,633
Because they didn't
want any press.

279
00:09:08,633 --> 00:09:10,301
Why?
My guess?

280
00:09:10,301 --> 00:09:12,136
Dani's a highly sympathetic
defendant.

281
00:09:12,136 --> 00:09:14,430
If her story gets out,
people will be mad,

282
00:09:14,430 --> 00:09:15,848
and then they'll be
more interested

283
00:09:15,848 --> 00:09:17,725
in the very thing the government
was trying to protect.

284
00:09:17,725 --> 00:09:19,143
That puts pressure
on the government

285
00:09:19,143 --> 00:09:20,686
to reveal more
about what happened.

286
00:09:20,686 --> 00:09:23,147
To drop or at least reduce
the charges against Dani.

287
00:09:23,147 --> 00:09:25,274
You're gonna do this,
aren't you?

288
00:09:25,274 --> 00:09:28,152
Unless you tell me
not to.

289
00:09:28,152 --> 00:09:31,072
24 hours ago,
the FBI arrested a young woman

290
00:09:31,072 --> 00:09:32,573
for telling the truth,

291
00:09:32,573 --> 00:09:34,992
that in the false name
of anti‐terrorism,

292
00:09:34,992 --> 00:09:37,537
the United States government
has been illegally accessing

293
00:09:37,537 --> 00:09:40,665
the confidential medical records
of millions of Americans

294
00:09:40,665 --> 00:09:44,502
in order to identify and deport
undocumented immigrants.

295
00:09:44,502 --> 00:09:47,296
The government tried
to keep this program a secret,

296
00:09:47,296 --> 00:09:49,924
and now it's trying
to keep this arrest a secret,

297
00:09:49,924 --> 00:09:51,384
but this is America.

298
00:09:51,384 --> 00:09:53,010
My client's name
is Dani Rios.

299
00:09:53,010 --> 00:09:54,720
She's a hero.

300
00:09:54,720 --> 00:09:55,888
Not a criminal.

301
00:09:55,888 --> 00:09:58,558
[ Indistinct chatter ]

302
00:09:58,558 --> 00:10:01,561
♪♪

303
00:10:08,734 --> 00:10:13,698
♪ I don't know how to say no ♪
[ Both breathing heavily ]

304
00:10:13,698 --> 00:10:16,617
♪ Don't hold me accountable ♪

305
00:10:16,617 --> 00:10:17,743
[ Sighs ] Damn.

306
00:10:17,743 --> 00:10:20,079
Damn!

307
00:10:20,079 --> 00:10:21,789
You broke my brain.

308
00:10:21,789 --> 00:10:24,000
You literally
broke my brain.

309
00:10:24,000 --> 00:10:26,335
[ Cellphone chimes ]

310
00:10:26,335 --> 00:10:29,338
♪♪

311
00:10:29,338 --> 00:10:30,506
Gotta go.

312
00:10:30,506 --> 00:10:31,424
Find my clothes.

313
00:10:31,424 --> 00:10:33,301
Everything okay?
[ Sighs ]

314
00:10:33,301 --> 00:10:35,887
Work stuff.
I have to be in Brooklyn.

315
00:10:35,887 --> 00:10:37,138
Why?

316
00:10:37,138 --> 00:10:39,015
Because it's where I work,
Brooklyn.

317
00:10:39,015 --> 00:10:40,641
Yeah, what's the case?

318
00:10:40,641 --> 00:10:42,018
Can't say.

319
00:10:42,018 --> 00:10:43,728
I'm Southern District,
you're Eastern.

320
00:10:43,728 --> 00:10:45,229
We're family.

321
00:10:45,229 --> 00:10:46,772
[ Chuckling ]
That's messed up.

322
00:10:46,772 --> 00:10:47,899
You broke my brain.

323
00:10:47,899 --> 00:10:49,525
[ Sighs ]

324
00:10:49,525 --> 00:10:51,402
Bart McKenna.

325
00:10:51,402 --> 00:10:53,237
The Bart McKenna?

326
00:10:53,237 --> 00:10:56,157
$100 million Ponzi‐scheme
Bart McKenna?

327
00:10:56,157 --> 00:10:57,992
Saw the story broke
yesterday.

328
00:10:57,992 --> 00:10:59,035
Yeah, we were scrambling
to make a case,

329
00:10:59,035 --> 00:11:00,411
and then he ran.

330
00:11:00,411 --> 00:11:01,871
Slipped town last night
on a cruise ship,

331
00:11:01,871 --> 00:11:04,290
except his ship stalled in
the middle of the Hudson River.

332
00:11:04,290 --> 00:11:05,708
And as soon as we can get it
towed to Brooklyn,

333
00:11:05,708 --> 00:11:07,668
I'll be waiting there
with the FBI.

334
00:11:07,668 --> 00:11:09,921
Which is why I have
to go to Brooklyn.

335
00:11:09,921 --> 00:11:12,131
Congratulations.
That's huge.

336
00:11:14,091 --> 00:11:15,426
This is our secret.

337
00:11:15,426 --> 00:11:16,761
Mm‐hmm.
Which part?

338
00:11:16,761 --> 00:11:18,971
All of it.

339
00:11:18,971 --> 00:11:22,767
[ Door opens, closes ]

340
00:11:22,767 --> 00:11:25,186
♪♪

341
00:11:25,186 --> 00:11:28,773
Bart McKenna's
on a boat.

342
00:11:28,773 --> 00:11:31,067
Is this that game where
I add a sentence to yours

343
00:11:31,067 --> 00:11:32,693
and we make a story?
The Ponzi guy ‐‐

344
00:11:32,693 --> 00:11:34,445
He's stuck on a cruise ship
in the middle of the Hudson.

345
00:11:34,445 --> 00:11:35,655
Eastern is trying
to make that case.

346
00:11:35,655 --> 00:11:37,156
Yes, but they haven't yet.

347
00:11:37,156 --> 00:11:38,199
And he's incorporated
in Manhattan.

348
00:11:38,199 --> 00:11:39,367
Several of his victims
are here,

349
00:11:39,367 --> 00:11:41,285
so if I get that boat to dock
in Manhattan,

350
00:11:41,285 --> 00:11:42,995
we can claim venue as much
as they can.

351
00:11:42,995 --> 00:11:44,080
You're trying to steal
this case?

352
00:11:44,080 --> 00:11:45,665
Trying to get
off the bench,

353
00:11:45,665 --> 00:11:47,750
get you a win,
get myself a game ball.

354
00:11:47,750 --> 00:11:49,335
I hate sports metaphors.

355
00:11:49,335 --> 00:11:50,461
But I like
what you're saying.

356
00:11:50,461 --> 00:11:51,629
You want me to go
after this?

357
00:11:51,629 --> 00:11:53,339
Yes.
Great.

358
00:11:53,339 --> 00:11:54,298
If you steal a case
for the Southern,

359
00:11:54,298 --> 00:11:56,217
that's good for me,
and if you blow this,

360
00:11:56,217 --> 00:11:57,760
then I can feel less guilty
about making you pay

361
00:11:57,760 --> 00:11:59,178
for parading your mom
through my office.

362
00:11:59,178 --> 00:12:00,179
Win‐win.

363
00:12:02,974 --> 00:12:04,433
You wanted to see me.

364
00:12:04,433 --> 00:12:05,685
You need to respond
to that press conference.

365
00:12:05,685 --> 00:12:07,395
I thought we didn't
want press.

366
00:12:07,395 --> 00:12:09,021
We didn't want press,
but now there's press,

367
00:12:09,021 --> 00:12:10,898
and it's not the press we want,
so you need to respond.

368
00:12:10,898 --> 00:12:12,275
I think that's a mistake.

369
00:12:12,275 --> 00:12:13,859
Didn't you think it was a
mistake not to go to the press?

370
00:12:13,859 --> 00:12:15,319
Before she made a move,
yes.

371
00:12:15,319 --> 00:12:17,571
But now she's a made a move,
a big one ‐‐

372
00:12:17,571 --> 00:12:18,698
outside the lines.

373
00:12:18,698 --> 00:12:20,283
When you go outside
the lines,

374
00:12:20,283 --> 00:12:21,867
there can be unintended
consequences,

375
00:12:21,867 --> 00:12:24,495
so let's see what they are
before we respond.

376
00:12:24,495 --> 00:12:26,539
I didn't ask to see you.

377
00:12:26,539 --> 00:12:27,665
I know.

378
00:12:27,665 --> 00:12:29,667
I just knew you'd want to.

379
00:12:31,877 --> 00:12:34,338
This algorithm Barish wants
to use is so far from objective

380
00:12:34,338 --> 00:12:35,673
I can't even find a word
to describe it.

381
00:12:35,673 --> 00:12:37,174
Subjective?

382
00:12:37,174 --> 00:12:38,301
It's called EVALUATE?

383
00:12:38,301 --> 00:12:39,677
I evaluated EVALUATE,

384
00:12:39,677 --> 00:12:41,804
and Keenan is now twice as
likely to get a max sentence

385
00:12:41,804 --> 00:12:43,723
just because he's black,
from Mott Haven,

386
00:12:43,723 --> 00:12:45,641
and dropped out of high school
at 15.

387
00:12:45,641 --> 00:12:47,101
I've heard
of these programs.

388
00:12:47,101 --> 00:12:48,477
They're intended
to remove bias.

389
00:12:48,477 --> 00:12:50,438
The data is biased.

390
00:12:50,438 --> 00:12:53,024
A computer doesn't know
that Mott Haven is policed

391
00:12:53,024 --> 00:12:54,859
at a significantly higher rate
than Riverdale.

392
00:12:54,859 --> 00:12:56,319
Maybe it does know.

393
00:12:56,319 --> 00:12:58,612
But it can't possibly
know why.

394
00:12:58,612 --> 00:13:00,740
This software has
no historical context.

395
00:13:00,740 --> 00:13:04,285
It can't account for slavery,
Jim Crow, Reaganomics,

396
00:13:04,285 --> 00:13:06,620
the war on drugs,
a crumbling education system ‐‐

397
00:13:06,620 --> 00:13:08,372
10 more seconds.
What?

398
00:13:08,372 --> 00:13:10,624
10 more seconds of preaching
to the choir,

399
00:13:10,624 --> 00:13:12,835
and then you have to decide
what to do.

400
00:13:12,835 --> 00:13:14,378
You have to defend Keenan

401
00:13:14,378 --> 00:13:16,297
as vigorously as you can,
of course,

402
00:13:16,297 --> 00:13:18,716
but you also have to consider
whether Judge Barish

403
00:13:18,716 --> 00:13:21,093
is going to listen to you,
whether she's dug in,

404
00:13:21,093 --> 00:13:24,055
whether your digging in is
gonna make it worse for Keenan.

405
00:13:24,055 --> 00:13:26,932
You have to be
realistic.

406
00:13:26,932 --> 00:13:29,310
[ Telephone rings in distance ]

407
00:13:30,811 --> 00:13:32,438
Keenan didn't
finish high school

408
00:13:32,438 --> 00:13:34,482
because his mom's MS went
into hyperdrive.

409
00:13:34,482 --> 00:13:35,858
He had to work
so his brother

410
00:13:35,858 --> 00:13:37,526
could keep playing
travel football.

411
00:13:37,526 --> 00:13:39,904
Keenan thinks his brother can
get a college scholarship,

412
00:13:39,904 --> 00:13:42,782
and if he lived one block over,
he'd be in a better zip code,

413
00:13:42,782 --> 00:13:45,159
according to that
stupid machine.

414
00:13:45,159 --> 00:13:46,494
Then you've decided.

415
00:13:46,494 --> 00:13:47,745
Good.

416
00:13:47,745 --> 00:13:48,954
Fight the machine.

417
00:13:48,954 --> 00:13:54,752
♪♪

418
00:13:54,752 --> 00:14:00,591
♪♪

419
00:14:04,095 --> 00:14:07,723
[ Footsteps approach ]

420
00:14:07,723 --> 00:14:08,849
Has she called
to make a deal?

421
00:14:08,849 --> 00:14:10,434
She will.

422
00:14:10,434 --> 00:14:13,270
Did you know Kate was
Secretary General of the U. N.?

423
00:14:13,270 --> 00:14:16,524
Uh, in high school, model U. N.,
but still...

424
00:14:16,524 --> 00:14:18,442
Uh...what happened
at sentencing?

425
00:14:18,442 --> 00:14:21,445
[ Telephone rings ]

426
00:14:21,445 --> 00:14:23,531
Yes.

427
00:14:23,531 --> 00:14:24,865
Okay.

428
00:14:24,865 --> 00:14:26,242
I'll be right there.

429
00:14:26,242 --> 00:14:27,159
Kate?

430
00:14:27,159 --> 00:14:28,744
No.

431
00:14:33,249 --> 00:14:34,917
I saw you on the news.

432
00:14:34,917 --> 00:14:36,585
They let us watch some TV.

433
00:14:36,585 --> 00:14:38,963
I'm trying to put some pressure
on the government

434
00:14:38,963 --> 00:14:40,214
to bring them to the table.

435
00:14:40,214 --> 00:14:42,216
And...?

436
00:14:42,216 --> 00:14:44,593
And I haven't heard
from them yet.

437
00:14:44,593 --> 00:14:46,470
Good.

438
00:14:46,470 --> 00:14:47,888
I don't want a deal.

439
00:14:47,888 --> 00:14:49,265
What are you talking
about, Dani?

440
00:14:49,265 --> 00:14:52,143
You called me a hero.
I wasn't trying to be.

441
00:14:52,143 --> 00:14:54,228
I mean, it wasn't like
I wanted to get caught,

442
00:14:54,228 --> 00:14:55,271
but I was.

443
00:14:55,271 --> 00:14:57,356
And now I'm hearing
from people ‐‐

444
00:14:57,356 --> 00:15:00,651
people who need someone
to listen, and...

445
00:15:00,651 --> 00:15:03,404
I want to stand up for them
like you stood up for me.

446
00:15:03,404 --> 00:15:05,197
Standing up for people
is my job.

447
00:15:05,197 --> 00:15:07,616
It's not your job.

448
00:15:07,616 --> 00:15:08,909
It's who you are.

449
00:15:08,909 --> 00:15:10,327
A job is what I was doing

450
00:15:10,327 --> 00:15:12,246
on the 14th floor
of the Vetracom Building,

451
00:15:12,246 --> 00:15:15,166
working for the NSA,
but it's not who I am.

452
00:15:15,166 --> 00:15:17,042
It's crazy ‐‐
I served in Iraq,

453
00:15:17,042 --> 00:15:19,003
but this feels like
the real test for me.

454
00:15:19,003 --> 00:15:20,087
It's time to be brave.

455
00:15:20,087 --> 00:15:21,463
You are brave,

456
00:15:21,463 --> 00:15:22,965
but that doesn't mean
staying in jail.

457
00:15:22,965 --> 00:15:25,926
It does mean that if that's what
it takes to send a message.

458
00:15:25,926 --> 00:15:27,803
If I take a deal
and plead guilty,

459
00:15:27,803 --> 00:15:29,221
what message
does that send?

460
00:15:29,221 --> 00:15:30,806
That I didn't believe
in what I did?

461
00:15:30,806 --> 00:15:32,224
That I was wrong?

462
00:15:32,224 --> 00:15:35,311
Our government is targeting
people who are sick and hurt

463
00:15:35,311 --> 00:15:37,229
and brought to emergency rooms
by relatives

464
00:15:37,229 --> 00:15:40,191
who are terrified of
going to the hospital,

465
00:15:40,191 --> 00:15:42,318
but they risk it because
they're even more terrified

466
00:15:42,318 --> 00:15:43,819
of losing a loved one.

467
00:15:43,819 --> 00:15:45,654
And now ‐‐

468
00:15:45,654 --> 00:15:47,364
They'll lose them anyway.

469
00:15:47,364 --> 00:15:48,991
All my life, I've been
around people like this,

470
00:15:48,991 --> 00:15:50,492
who were afraid to stand up

471
00:15:50,492 --> 00:15:52,369
because they felt like
they couldn't.

472
00:15:52,369 --> 00:15:54,580
But now I have a choice.

473
00:15:54,580 --> 00:15:56,415
You showed me that.

474
00:15:56,415 --> 00:15:58,751
I can sit at the table
and negotiate away my soul,

475
00:15:58,751 --> 00:16:01,295
or I can stand up...

476
00:16:01,295 --> 00:16:02,838
like you.

477
00:16:02,838 --> 00:16:04,840
I don't want
to take a deal.

478
00:16:04,840 --> 00:16:06,759
You know what
that means?

479
00:16:06,759 --> 00:16:08,886
It means I can make
a difference.

480
00:16:08,886 --> 00:16:10,512
♪♪

481
00:16:14,975 --> 00:16:15,935
She doesn't want a deal.
Because?

482
00:16:15,935 --> 00:16:17,061
Because of me,
my press conference.

483
00:16:17,061 --> 00:16:18,896
So try again.
It's not gonna happen.

484
00:16:18,896 --> 00:16:21,398
Dani doesn't want a deal
because there isn't a deal.

485
00:16:21,398 --> 00:16:24,526
It's always easier to say "no"
to something in the abstract.

486
00:16:24,526 --> 00:16:26,695
People say, "I don't want
to get married."

487
00:16:26,695 --> 00:16:28,280
Then some handsome man
stands there,

488
00:16:28,280 --> 00:16:29,615
telling you he loves you,

489
00:16:29,615 --> 00:16:30,950
and before you know it,
you're married.

490
00:16:30,950 --> 00:16:32,076
I don't want
to get married.

491
00:16:32,076 --> 00:16:33,410
I really wouldn't
recommend it.

492
00:16:33,410 --> 00:16:36,121
Talk to Kate,
see what she's offering.

493
00:16:36,121 --> 00:16:39,250
Looking at 15 years in prison
versus a deal in hand,

494
00:16:39,250 --> 00:16:41,543
you'd be surprised
how quickly minds change.

495
00:16:41,543 --> 00:16:43,128
[ Indistinct chatter ]

496
00:16:48,008 --> 00:16:49,593
[ Telephone rings in distance ]

497
00:16:51,929 --> 00:16:54,974
[ Gasps ] That's a Classic
Italian from Zeno's.

498
00:16:54,974 --> 00:16:56,850
With extra peperoncinis.

499
00:16:56,850 --> 00:17:00,479
The greatest sandwich
in the world.

500
00:17:00,479 --> 00:17:02,564
I'm gonna eat this until
you to tell me to stop.

501
00:17:02,564 --> 00:17:04,233
Okay, what's up?

502
00:17:04,233 --> 00:17:06,235
Judge Barish is using
a sentencing algorithm

503
00:17:06,235 --> 00:17:08,153
that was basically built
to screw my client

504
00:17:08,153 --> 00:17:09,488
and everyone
who looks like him,

505
00:17:09,488 --> 00:17:11,532
and I'm pretty sure
I need the help of an expert

506
00:17:11,532 --> 00:17:12,825
to discredit it ‐‐

507
00:17:12,825 --> 00:17:15,995
namely, a mathematician.

508
00:17:15,995 --> 00:17:17,871
Okay.

509
00:17:17,871 --> 00:17:19,873
Okay. So...you go.

510
00:17:19,873 --> 00:17:21,542
Be nice.

511
00:17:21,542 --> 00:17:22,710
Your brother will
be flattered.

512
00:17:22,710 --> 00:17:24,378
[ Chuckles ]
You don't know Eddie.

513
00:17:24,378 --> 00:17:26,046
Not as much
as I'd like to.

514
00:17:26,046 --> 00:17:27,089
I'm the odd one out
in this family.

515
00:17:27,089 --> 00:17:28,465
You know that.

516
00:17:28,465 --> 00:17:31,135
They're all science and data
"great minds,"

517
00:17:31,135 --> 00:17:33,804
and I'm an idealistic
public defender.

518
00:17:33,804 --> 00:17:35,472
It's squishy to them.

519
00:17:35,472 --> 00:17:36,765
I might as well be
in a mime troupe.

520
00:17:36,765 --> 00:17:38,434
[ Laughs ]
They don't get me.

521
00:17:38,434 --> 00:17:41,145
You probably
don't get them.

522
00:17:41,145 --> 00:17:42,104
Whose side are you on?

523
00:17:45,316 --> 00:17:47,443
Oh, my God,
this sandwich is so good.

524
00:17:47,443 --> 00:17:50,321
I'm sorry.
[ Chuckles ]

525
00:17:50,321 --> 00:17:52,573
You have a client
who needs you.

526
00:17:52,573 --> 00:17:54,700
You share blood with
someone who can help.

527
00:17:54,700 --> 00:17:56,076
Do what you have to do.

528
00:17:56,076 --> 00:17:57,536
[ Sighs ]

529
00:17:57,536 --> 00:17:59,038
Give me that.

530
00:18:01,540 --> 00:18:03,626
I'm saying, a ship that size
dead in the water,

531
00:18:03,626 --> 00:18:05,628
we'd have to mobilize
a lot of tugboats to haul it in.

532
00:18:05,628 --> 00:18:07,379
McKenna sees that, he might
freak out and take hostages.

533
00:18:07,379 --> 00:18:09,089
We don't need to do this
on the water.

534
00:18:09,089 --> 00:18:10,549
If the captain makes
a routine announcement,

535
00:18:10,549 --> 00:18:11,759
like "help is on the way,"

536
00:18:11,759 --> 00:18:13,719
you can send in tugboats
without raising suspicion

537
00:18:13,719 --> 00:18:16,096
and tow the ship to Manhattan,
which we can all agree

538
00:18:16,096 --> 00:18:17,389
is closer to where the boat is
than Brooklyn.

539
00:18:17,389 --> 00:18:19,308
It's not gonna happen.
What's not gonna happen?

540
00:18:19,308 --> 00:18:21,268
A storm's coming in,
a big one.

541
00:18:21,268 --> 00:18:22,353
I'm not putting a bunch
of little boats

542
00:18:22,353 --> 00:18:24,521
on the water in a storm.
He's right.

543
00:18:24,521 --> 00:18:26,315
Let the storm pass
and tow it somewhere then.

544
00:18:26,315 --> 00:18:29,109
Manhattan.
Has to be here.

545
00:18:29,109 --> 00:18:32,655
[ Indistinct conversations ]

546
00:18:32,655 --> 00:18:33,614
Excuse me.

547
00:18:35,658 --> 00:18:37,326
You'd have done
the same thing.
Never.

548
00:18:37,326 --> 00:18:39,078
And now you can send
all of these people home

549
00:18:39,078 --> 00:18:40,954
because I'm gonna get my boss
to call your boss

550
00:18:40,954 --> 00:18:42,748
and put a stop to this.

551
00:18:42,748 --> 00:18:45,376
And when he asks how I knew
Bart McKenna was on that ship?

552
00:18:45,376 --> 00:18:47,336
Meanwhile, I go to my boss,
who calls his boss,

553
00:18:47,336 --> 00:18:48,545
and on up it goes
until it's settled

554
00:18:48,545 --> 00:18:50,047
by whichever guy owes
some other guy dinner,

555
00:18:50,047 --> 00:18:51,298
and everyone up the chain
thinks we're idiots

556
00:18:51,298 --> 00:18:52,633
for not figuring this out
on our own.

557
00:18:52,633 --> 00:18:53,967
There's one crucial part of this
you're not getting.

558
00:18:53,967 --> 00:18:55,928
This is my case.
Was.

559
00:18:55,928 --> 00:18:56,762
Now it's nobody's.

560
00:18:56,762 --> 00:18:58,347
I snaked you.
I did.

561
00:18:58,347 --> 00:19:00,182
So as an act of kindness,

562
00:19:00,182 --> 00:19:01,517
I'm gonna leave this up
to the weather.

563
00:19:01,517 --> 00:19:02,768
The weather?
Storm.

564
00:19:02,768 --> 00:19:04,144
Ship will blow one way
or the other.

565
00:19:04,144 --> 00:19:06,063
Whichever side it's closest to,
they get the case.

566
00:19:06,063 --> 00:19:07,731
That's stupid.
It's fair.

567
00:19:07,731 --> 00:19:09,024
I don't trust you.
I don't trust you.

568
00:19:09,024 --> 00:19:10,818
Deal?

569
00:19:10,818 --> 00:19:13,320
You're the worst.

570
00:19:13,320 --> 00:19:15,197
I would have done
the same thing.

571
00:19:15,197 --> 00:19:17,533
But you're coming to my place
in Red Hook tonight

572
00:19:17,533 --> 00:19:20,077
and making this up to me
in the filthiest way possible.

573
00:19:20,077 --> 00:19:23,914
♪♪

574
00:19:25,708 --> 00:19:26,834
[ Knocks on door ]

575
00:19:30,295 --> 00:19:31,380
[ Door closes ]

576
00:19:31,380 --> 00:19:32,589
Sister.

577
00:19:32,589 --> 00:19:34,508
Brother.

578
00:19:34,508 --> 00:19:37,511
Anywhere you like.

579
00:19:37,511 --> 00:19:38,804
First time you've been
to my office.

580
00:19:38,804 --> 00:19:39,972
It's nice.

581
00:19:39,972 --> 00:19:41,014
I'm not in the basement
anymore.

582
00:19:41,014 --> 00:19:43,350
That's good.

583
00:19:43,350 --> 00:19:45,018
How's work?

584
00:19:45,018 --> 00:19:46,770
That's kind of
why I'm here.

585
00:19:46,770 --> 00:19:48,313
I need your help.

586
00:19:48,313 --> 00:19:51,442
Have you heard of the sentencing
software EVALUATE?

587
00:19:51,442 --> 00:19:52,860
It's amazing.

588
00:19:52,860 --> 00:19:54,278
Amazing?

589
00:19:54,278 --> 00:19:56,363
"Groundbreaking" and
"revolutionary" also apply.

590
00:19:56,363 --> 00:19:57,614
The algorithm is biased.

591
00:19:57,614 --> 00:19:59,199
An algorithm
isn't biased.

592
00:19:59,199 --> 00:20:01,618
That's definitively the point,
why it's a good thing.

593
00:20:01,618 --> 00:20:04,455
It sentences blacks and Latinos
disproportionately to whites

594
00:20:04,455 --> 00:20:05,330
for the same crimes.

595
00:20:05,330 --> 00:20:07,082
So do judges, right?

596
00:20:07,082 --> 00:20:08,667
This algorithm is
an improvement.

597
00:20:08,667 --> 00:20:10,461
It's a check on
an already‐flawed system.

598
00:20:10,461 --> 00:20:12,629
My client's looking at
more time than he should

599
00:20:12,629 --> 00:20:14,173
because of this software.

600
00:20:14,173 --> 00:20:15,966
More time than
you think he should.

601
00:20:15,966 --> 00:20:17,843
You see? There.
That's bias.

602
00:20:17,843 --> 00:20:19,386
I didn't come here to debate
this with you.

603
00:20:19,386 --> 00:20:21,346
Then why did you come here...
for the first time ever?

604
00:20:21,346 --> 00:20:22,639
To ask a favor.

605
00:20:22,639 --> 00:20:24,850
I need you to look
at that software,

606
00:20:24,850 --> 00:20:27,561
look at the coding,
tell me how it works.

607
00:20:27,561 --> 00:20:28,896
[ Chuckles softly ]
So you can discredit it?

608
00:20:28,896 --> 00:20:30,898
So I can do what's right
by my client.

609
00:20:33,317 --> 00:20:35,778
Interesting tact
when asking a favor,

610
00:20:35,778 --> 00:20:37,529
to insult what I do?

611
00:20:37,529 --> 00:20:39,698
But that's what you do,
whatever you want ‐‐

612
00:20:39,698 --> 00:20:42,534
answer to no one,
and everyone is at your service,

613
00:20:42,534 --> 00:20:44,286
except I'm not Mom and Dad.
I don't think you understand

614
00:20:44,286 --> 00:20:45,704
my relationship
with Mom and Dad.

615
00:20:45,704 --> 00:20:47,456
I understand they let you live
in their gorgeous apartment.

616
00:20:47,456 --> 00:20:48,540
I live in Washington Heights.

617
00:20:48,540 --> 00:20:49,708
You said you wanted
to be close to work.

618
00:20:49,708 --> 00:20:50,667
They never asked
if I wanted it.

619
00:20:50,667 --> 00:20:52,002
They gave it to me
out of pity

620
00:20:52,002 --> 00:20:53,962
because they think that
I can't take care of myself.

621
00:20:53,962 --> 00:20:55,506
[ Scoffs ]

622
00:20:55,506 --> 00:20:57,341
I'm not surprised
you believe that.

623
00:20:57,341 --> 00:20:59,218
I have to go.

624
00:21:05,140 --> 00:21:06,308
You've never been
to my office.

625
00:21:06,308 --> 00:21:07,518
What?

626
00:21:07,518 --> 00:21:10,062
Your snarky comment
about me not visiting you?

627
00:21:10,062 --> 00:21:12,064
But you've never been
to my office either.

628
00:21:12,064 --> 00:21:14,316
That's fair.

629
00:21:14,316 --> 00:21:15,734
You want to know what
that algorithm can't do?

630
00:21:15,734 --> 00:21:16,944
Feel.

631
00:21:16,944 --> 00:21:18,654
Understand nuance.

632
00:21:18,654 --> 00:21:20,322
Empathize.

633
00:21:20,322 --> 00:21:22,741
No wonder you respect it
so much.

634
00:21:22,741 --> 00:21:29,164
♪♪

635
00:21:29,164 --> 00:21:31,750
[ Footsteps approach ]

636
00:21:36,588 --> 00:21:37,881
Ms. Bell.

637
00:21:37,881 --> 00:21:40,926
Please, call me Sandra.

638
00:21:40,926 --> 00:21:42,219
Let's get started.

639
00:21:42,219 --> 00:21:44,555
There are two counts
against Ms. Rios

640
00:21:44,555 --> 00:21:46,098
under the Espionage Act,

641
00:21:46,098 --> 00:21:49,017
each of which carries
a maximum penalty of 15 years.

642
00:21:49,017 --> 00:21:50,978
If Ms. Rios pleads
to one count,

643
00:21:50,978 --> 00:21:53,021
we will recommend 78
to 97 months,

644
00:21:53,021 --> 00:21:54,731
taking into consideration

645
00:21:54,731 --> 00:21:57,442
the severity of the leak
and prior criminal history.

646
00:21:57,442 --> 00:21:59,027
She has no prior
criminal history.

647
00:21:59,027 --> 00:22:02,030
She has a juvenile adjudication
for disorderly conduct.

648
00:22:02,030 --> 00:22:03,574
When she was a juvenile.

649
00:22:03,574 --> 00:22:06,118
Juvenile adjudications can be
applied in sentencing, Ms. Bell.

650
00:22:06,118 --> 00:22:07,202
Don't lecture me
about sentencing,

651
00:22:07,202 --> 00:22:08,245
and my name is Sandra.

652
00:22:08,245 --> 00:22:10,581
If you call me Ms. Bell again,
I'm leaving.

653
00:22:10,581 --> 00:22:12,583
The offer is
78 to 97 months.

654
00:22:12,583 --> 00:22:13,709
That's too high.

655
00:22:13,709 --> 00:22:14,835
This isn't a negotiation.

656
00:22:14,835 --> 00:22:16,712
Then what is it?

657
00:22:16,712 --> 00:22:19,548
63 months.

658
00:22:19,548 --> 00:22:22,801
[ Chuckles ]

659
00:22:22,801 --> 00:22:25,012
Why don't you tell me what
you have the authority to go to?

660
00:22:27,431 --> 00:22:29,600
Oh.

661
00:22:29,600 --> 00:22:32,352
Oh, I see.
You don't have any authority.

662
00:22:32,352 --> 00:22:34,104
You came here to see
what you could get

663
00:22:34,104 --> 00:22:35,439
and then try to sell it
to your client.

664
00:22:35,439 --> 00:22:36,315
Is that it?

665
00:22:36,315 --> 00:22:38,442
63 months is not
good enough.

666
00:22:38,442 --> 00:22:40,235
There is no offer
of 63 months.

667
00:22:40,235 --> 00:22:41,528
You're withdrawing
your offer?

668
00:22:41,528 --> 00:22:44,197
If you can't accept,
I can't offer.

669
00:22:44,197 --> 00:22:45,365
Why doesn't
she want a deal?

670
00:22:45,365 --> 00:22:47,659
Because she wants
to take the stand

671
00:22:47,659 --> 00:22:49,786
so she can tell the world
how evil the government is.

672
00:22:49,786 --> 00:22:50,913
Dani loves her country.

673
00:22:50,913 --> 00:22:52,122
Odd way of showing it.

674
00:22:52,122 --> 00:22:53,749
I'm sorry, how long did you
serve in the military?

675
00:22:53,749 --> 00:22:55,292
Same amount
of time you did.

676
00:22:55,292 --> 00:22:58,128
Why don't you be
reasonable here?

677
00:22:58,128 --> 00:22:59,796
Why don't I be
reasonable?

678
00:22:59,796 --> 00:23:02,382
Your client decides one day,
"You know what?

679
00:23:02,382 --> 00:23:04,259
I'm gonna decide
public policy

680
00:23:04,259 --> 00:23:05,802
for the United States
government ‐‐

681
00:23:05,802 --> 00:23:07,346
me, by myself.

682
00:23:07,346 --> 00:23:09,056
Forget the laws passed

683
00:23:09,056 --> 00:23:11,016
by the elected representatives
of the people,

684
00:23:11,016 --> 00:23:12,851
the deliberations
of the professionals

685
00:23:12,851 --> 00:23:15,437
charged with protecting
our national security

686
00:23:15,437 --> 00:23:17,397
and enforcing
our immigration laws.

687
00:23:17,397 --> 00:23:20,984
I, Dani Rios, have decided
I know better than all that.

688
00:23:20,984 --> 00:23:22,903
I'm gonna do what I want.

689
00:23:22,903 --> 00:23:25,405
And my lawyer is gonna
do what she wants

690
00:23:25,405 --> 00:23:27,741
and enter a plea negotiation
in total bad faith

691
00:23:27,741 --> 00:23:30,786
because we do
what we want.

692
00:23:30,786 --> 00:23:32,746
Because everything works out
in the end,

693
00:23:32,746 --> 00:23:34,790
as long as I'm reasonable."

694
00:23:34,790 --> 00:23:37,334
Is this what you wanted
to be...

695
00:23:37,334 --> 00:23:39,336
when you were growing up,
really?

696
00:23:39,336 --> 00:23:41,171
I genuinely do not
understand it.

697
00:23:41,171 --> 00:23:42,339
You're a glorified
hall monitor

698
00:23:42,339 --> 00:23:43,924
walking around
with your clipboard,

699
00:23:43,924 --> 00:23:47,135
taking names, checking lockers,
wrapping knuckles.

700
00:23:47,135 --> 00:23:50,180
Don't you care about what was
in those documents Dani leaked,

701
00:23:50,180 --> 00:23:51,682
what they mean,

702
00:23:51,682 --> 00:23:53,308
that our government
is accessing

703
00:23:53,308 --> 00:23:56,603
confidential medical information
to deport people?

704
00:23:56,603 --> 00:23:59,147
Why are the rules
more important

705
00:23:59,147 --> 00:24:04,194
than the people
they are designed to protect?

706
00:24:04,194 --> 00:24:06,113
I think we're done here...

707
00:24:06,113 --> 00:24:07,239
Ms. Bell.

708
00:24:14,997 --> 00:24:17,165
[ Door opens, closes ]

709
00:24:20,794 --> 00:24:22,129
♪♪

710
00:24:22,129 --> 00:24:23,588
[ Sighs deeply ]

711
00:24:23,588 --> 00:24:29,344
♪♪

712
00:24:29,344 --> 00:24:35,100
♪♪

713
00:24:35,100 --> 00:24:38,311
Jill: Come in, Sandra.

714
00:24:38,311 --> 00:24:41,231
Secretary: You can go in,
Ms. Littlejohn.

715
00:24:46,987 --> 00:24:48,071
I understand
if you're upset ‐‐

716
00:24:48,071 --> 00:24:49,656
I'm not upset.

717
00:24:49,656 --> 00:24:50,991
I'm disappointed.

718
00:24:50,991 --> 00:24:52,701
I picked you for this case
because I thought

719
00:24:52,701 --> 00:24:54,703
you would identify
with Dani ‐‐

720
00:24:54,703 --> 00:24:56,705
identify with her,
not be her.

721
00:24:56,705 --> 00:24:57,873
Dani isn't the problem.

722
00:24:57,873 --> 00:24:59,291
You let this woman get
inside your head,

723
00:24:59,291 --> 00:25:00,751
and then you went
into that meeting

724
00:25:00,751 --> 00:25:03,295
without the tools you needed
to get the job done.

725
00:25:03,295 --> 00:25:05,338
Dani is too young and naive

726
00:25:05,338 --> 00:25:06,882
to understand
what's at stake here,

727
00:25:06,882 --> 00:25:07,799
but you're not.

728
00:25:07,799 --> 00:25:09,342
Kate Littlejohn is
unreasonable.

729
00:25:09,342 --> 00:25:10,385
She's a prosecutor.

730
00:25:10,385 --> 00:25:11,386
I think it's more
than that.

731
00:25:11,386 --> 00:25:15,348
Don't let it be
more than that.

732
00:25:15,348 --> 00:25:16,767
I understand
if you're upset.

733
00:25:16,767 --> 00:25:17,601
I'm very upset.

734
00:25:17,601 --> 00:25:18,643
We're going to trial.

735
00:25:18,643 --> 00:25:20,103
Oh, no, you're not.

736
00:25:20,103 --> 00:25:21,188
She rejected the deal.

737
00:25:21,188 --> 00:25:22,731
Well, try again.

738
00:25:22,731 --> 00:25:24,399
Sandra Bell
is unreasonable.

739
00:25:24,399 --> 00:25:25,525
She's a public defender.

740
00:25:25,525 --> 00:25:28,070
She's an unreasonable
public defender.

741
00:25:28,070 --> 00:25:29,488
Now you're just
getting redundant.

742
00:25:29,488 --> 00:25:30,530
This isn't about her.

743
00:25:30,530 --> 00:25:31,865
It's about what's good
for your client,

744
00:25:31,865 --> 00:25:33,533
and your client
is the United States,

745
00:25:33,533 --> 00:25:39,956
and a trial is not good
for the United States.

746
00:25:39,956 --> 00:25:43,168
I picked you for this case
because you are stone cold.

747
00:25:43,168 --> 00:25:45,003
I do have feelings.

748
00:25:46,880 --> 00:25:47,839
They're in the way.

749
00:25:50,258 --> 00:25:51,635
Newscaster: Jim, while
the residents of New York's

750
00:25:51,635 --> 00:25:53,261
five boroughs still need
to prepare themselves

751
00:25:53,261 --> 00:25:55,138
for the brunt of the storm,

752
00:25:55,138 --> 00:25:57,516
we now see indications that
it might veer to the south.

753
00:25:57,516 --> 00:25:59,893
No, no! Not south!

754
00:25:59,893 --> 00:26:01,728
North! Go north!
Hey.

755
00:26:01,728 --> 00:26:02,896
What's going on in here?

756
00:26:02,896 --> 00:26:04,856
Storm's getting bigger.
That's not good.

757
00:26:04,856 --> 00:26:06,691
Not if it blows that boat
to Brooklyn, it's not.

758
00:26:06,691 --> 00:26:10,362
Plus the possible loss of life
and property, but okay.

759
00:26:10,362 --> 00:26:11,446
You know why I became
a prosecutor?

760
00:26:11,446 --> 00:26:13,573
So you could steal cases
from other prosecutors?

761
00:26:13,573 --> 00:26:15,033
'Cause we hold
all the cards.
Mm.

762
00:26:15,033 --> 00:26:16,618
We choose when to charge,
if to charge,

763
00:26:16,618 --> 00:26:18,161
how much to charge,
what evidence to use.

764
00:26:18,161 --> 00:26:20,372
We're in control.

765
00:26:20,372 --> 00:26:21,706
Today my whole job depends

766
00:26:21,706 --> 00:26:23,667
on something as random
as the weather.

767
00:26:23,667 --> 00:26:25,127
Oh, yeah,
but fortunately for you,

768
00:26:25,127 --> 00:26:26,670
it's not 1875.

769
00:26:26,670 --> 00:26:28,713
What?

770
00:26:28,713 --> 00:26:29,965
For most of human existence,

771
00:26:29,965 --> 00:26:31,925
we didn't imagine weather
could be predicted

772
00:26:31,925 --> 00:26:34,469
or even should be
because that was God's area.

773
00:26:34,469 --> 00:26:38,473
But with the rise of technology
in the late 19th...

774
00:26:38,473 --> 00:26:40,016
As a teenager,

775
00:26:40,016 --> 00:26:43,103
I was a bit of an amateur
meteorologist.

776
00:26:43,103 --> 00:26:44,437
You were into magic,
too, I bet.

777
00:26:44,437 --> 00:26:46,439
Nah.

778
00:26:46,439 --> 00:26:47,899
I may have done
a mentalist act.

779
00:26:47,899 --> 00:26:49,943
Anyway, point is,
by the turn of the century,

780
00:26:49,943 --> 00:26:51,361
the more information we had,

781
00:26:51,361 --> 00:26:52,487
the less that
chance played a role

782
00:26:52,487 --> 00:26:54,823
in predicting the weather.

783
00:26:54,823 --> 00:26:58,285
Sit, predict.

784
00:26:58,285 --> 00:27:00,579
Well, first, you need to
understand the Coriolis effect.

785
00:27:00,579 --> 00:27:03,373
No, I mean tell me where
my ship is gonna land.

786
00:27:03,373 --> 00:27:06,543
♪♪

787
00:27:06,543 --> 00:27:08,211
Oh, I don't know
why I'm so upset.

788
00:27:08,211 --> 00:27:09,671
Jill's right.
He's so wrong.

789
00:27:09,671 --> 00:27:11,173
I'm being emotional.

790
00:27:11,173 --> 00:27:12,632
How can he have
no emotions?

791
00:27:12,632 --> 00:27:14,426
But I've got this idealistic
girl in front of me.

792
00:27:14,426 --> 00:27:16,011
He's like talking
to a robot.

793
00:27:16,011 --> 00:27:17,554
I do need to be
the adult.

794
00:27:17,554 --> 00:27:19,347
All he cares about
are facts and data.

795
00:27:19,347 --> 00:27:21,183
No one's interested
in context.

796
00:27:21,183 --> 00:27:22,809
Dani can't see
what's right for her.

797
00:27:22,809 --> 00:27:25,645
Soon we're all going to be
reduced to data points, numbers.

798
00:27:25,645 --> 00:27:29,274
♪♪

799
00:27:29,274 --> 00:27:30,984
Oh, my God.

800
00:27:30,984 --> 00:27:32,861
Thank you.

801
00:27:32,861 --> 00:27:35,238
[ Footsteps depart ]

802
00:27:35,238 --> 00:27:36,656
[ Buzzer blares ]

803
00:27:36,656 --> 00:27:38,408
[ Door opens ]

804
00:27:38,408 --> 00:27:40,201
I literally had to wade
through a crowd

805
00:27:40,201 --> 00:27:41,912
of your supporters
to get in here.

806
00:27:41,912 --> 00:27:42,621
[ Door closes ]

807
00:27:42,621 --> 00:27:43,914
You did?

808
00:27:43,914 --> 00:27:46,917
At least 300 people.

809
00:27:46,917 --> 00:27:50,295
[ Sighs ] This is
all so strange.

810
00:27:50,295 --> 00:27:52,964
Tomorrow, there will
be more people,

811
00:27:52,964 --> 00:27:55,342
even more when
the trial starts.

812
00:27:55,342 --> 00:27:58,929
The reading of the verdict will
be an absolute spectacle.

813
00:27:58,929 --> 00:28:01,598
And if you're convicted,

814
00:28:01,598 --> 00:28:03,808
your supporters
will be outraged.

815
00:28:03,808 --> 00:28:06,561
They'll march to stop the lying
and spying you exposed.

816
00:28:06,561 --> 00:28:09,481
They'll organize to stop
these deportations.

817
00:28:09,481 --> 00:28:11,650
They'll get brave,
just like you.

818
00:28:11,650 --> 00:28:13,735
They'll stand up.

819
00:28:13,735 --> 00:28:15,654
But you ‐‐

820
00:28:15,654 --> 00:28:18,073
You won't get
to be a part of it,

821
00:28:18,073 --> 00:28:20,033
this community
you helped to create,

822
00:28:20,033 --> 00:28:21,660
because you will be here,

823
00:28:21,660 --> 00:28:23,912
just another number
in the federal prison system.

824
00:28:23,912 --> 00:28:26,581
45278‐054.

825
00:28:26,581 --> 00:28:27,624
That will be you.

826
00:28:27,624 --> 00:28:32,545
♪♪

827
00:28:32,545 --> 00:28:35,340
I want to make
a difference.

828
00:28:35,340 --> 00:28:38,051
Then let me get you
out of here.

829
00:28:38,051 --> 00:28:40,095
Let me go to the table.

830
00:28:40,095 --> 00:28:41,721
Let me do the job
I was meant to do

831
00:28:41,721 --> 00:28:45,100
so you can do what
you were meant to do.

832
00:28:45,100 --> 00:28:47,102
Stand up and fight.

833
00:28:55,652 --> 00:28:58,697
I know you like to eat
at 12:30 on the dot,

834
00:28:58,697 --> 00:29:02,409
[Singsong voice]
so I brought you something.

835
00:29:02,409 --> 00:29:03,994
[ Normal voice ]
Classic Italian from Zeno's.

836
00:29:03,994 --> 00:29:05,161
You don't like
peperoncinis,

837
00:29:05,161 --> 00:29:07,330
but you prefer
to pull them off yourself.

838
00:29:07,330 --> 00:29:09,040
You introduced me
to this place.

839
00:29:09,040 --> 00:29:11,418
I've had this sandwich
a thousand times,

840
00:29:11,418 --> 00:29:14,546
and there's always exactly
24 peperoncinis inside.

841
00:29:14,546 --> 00:29:16,381
You don't want to know
the odds on that.

842
00:29:16,381 --> 00:29:19,759
I don't.

843
00:29:19,759 --> 00:29:24,139
I'm grateful for the sandwich,
but I'm not helping you.

844
00:29:24,139 --> 00:29:26,307
I'm sorry about
what I said before.

845
00:29:26,307 --> 00:29:28,893
I'm sorry about how you feel
about Mom and Dad

846
00:29:28,893 --> 00:29:30,270
and about me growing up.

847
00:29:30,270 --> 00:29:32,313
It's just crazy because
I always looked up to you.

848
00:29:32,313 --> 00:29:34,149
I was jealous that

849
00:29:34,149 --> 00:29:36,693
you wanted to follow
in their footsteps.

850
00:29:36,693 --> 00:29:38,695
I was jealous of how much
they seemed to love it.

851
00:29:38,695 --> 00:29:40,113
I felt like
they didn't care as much

852
00:29:40,113 --> 00:29:41,364
about the things
I was into.

853
00:29:41,364 --> 00:29:42,824
I felt like I never
had a choice.

854
00:29:42,824 --> 00:29:44,617
Huh?

855
00:29:44,617 --> 00:29:47,078
Look, I'm the oldest.

856
00:29:47,078 --> 00:29:49,456
They were into math and science,
so I wanted to be.

857
00:29:49,456 --> 00:29:50,915
I didn't have anything
to rebel against.

858
00:29:50,915 --> 00:29:53,168
It was me and them.

859
00:29:53,168 --> 00:29:55,211
You felt like they didn't
understand you.

860
00:29:55,211 --> 00:29:57,338
I felt like they
let you be you.

861
00:29:57,338 --> 00:29:58,757
Free.

862
00:29:58,757 --> 00:30:00,258
They're controlling.

863
00:30:00,258 --> 00:30:01,426
You never saw that.

864
00:30:01,426 --> 00:30:03,094
You think living
in that apartment

865
00:30:03,094 --> 00:30:04,679
doesn't come
with strings?

866
00:30:04,679 --> 00:30:06,431
You don't think
it gets thrown in my face

867
00:30:06,431 --> 00:30:09,768
anytime I don't call for a week
or blow off dinner with them?

868
00:30:09,768 --> 00:30:11,561
[ Sighs ]

869
00:30:11,561 --> 00:30:13,146
This kid, Keenan,

870
00:30:13,146 --> 00:30:16,191
is about to get lost
in the federal prison system.

871
00:30:16,191 --> 00:30:18,401
Every extra day
he spends in there

872
00:30:18,401 --> 00:30:21,780
is one less day he gets to spend
with the brother he adores.

873
00:30:21,780 --> 00:30:23,448
It's 12:30.

874
00:30:23,448 --> 00:30:26,826
You got to eat.

875
00:30:26,826 --> 00:30:29,871
Two people can see the same
factual events differently.

876
00:30:29,871 --> 00:30:31,498
You and I are an example
of that.

877
00:30:31,498 --> 00:30:33,917
It's why humans are
imperfect machines.

878
00:30:33,917 --> 00:30:36,252
That's why we need
these algorithms.

879
00:30:36,252 --> 00:30:38,630
You're trying to fight
the algorithm.

880
00:30:38,630 --> 00:30:40,298
You want to discredit
the data ‐‐

881
00:30:40,298 --> 00:30:41,633
That's the wrong approach.

882
00:30:41,633 --> 00:30:42,717
Okay.

883
00:30:42,717 --> 00:30:44,177
Use the data.

884
00:30:44,177 --> 00:30:45,720
Play the human,

885
00:30:45,720 --> 00:30:47,972
the judge.

886
00:30:47,972 --> 00:30:49,933
Machines don't have ego.

887
00:30:49,933 --> 00:30:51,309
People do.

888
00:30:51,309 --> 00:30:56,356
♪♪

889
00:30:56,356 --> 00:30:59,025
How are things with the AUSA
who shall not be named?

890
00:30:59,025 --> 00:31:00,860
[ Chuckles ]
Off to see her now.

891
00:31:00,860 --> 00:31:02,362
Ugh. I'm sorry.

892
00:31:02,362 --> 00:31:04,364
But that also means
you convinced Dani

893
00:31:04,364 --> 00:31:05,824
to let you negotiate
a deal for her.

894
00:31:05,824 --> 00:31:06,991
I know.
Small victories.

895
00:31:06,991 --> 00:31:08,618
Big victories.
Congratulations.

896
00:31:08,618 --> 00:31:10,495
Well, at the very least,
I'm not gonna fill up our office

897
00:31:10,495 --> 00:31:12,455
with hundreds of boxes
of discovery.

898
00:31:12,455 --> 00:31:14,916
Hundreds of boxes
of discovery?

899
00:31:14,916 --> 00:31:16,000
The government would never
produce documents

900
00:31:16,000 --> 00:31:18,002
in a case like this.

901
00:31:18,002 --> 00:31:23,049
♪♪

902
00:31:29,264 --> 00:31:32,767
[ Telephone ringing ]

903
00:31:32,767 --> 00:31:33,685
Kate: You're late.

904
00:31:33,685 --> 00:31:34,561
I'm not late.

905
00:31:34,561 --> 00:31:36,146
I'm pretty good
with time.

906
00:31:36,146 --> 00:31:37,522
I'm not late
because I'm not coming,

907
00:31:37,522 --> 00:31:38,648
but I'll be in court
in an hour.

908
00:31:38,648 --> 00:31:39,649
You should be there, too.

909
00:31:39,649 --> 00:31:42,152
[ Receiver slams ]

910
00:31:42,152 --> 00:31:44,946
[ Receiver clacks ]

911
00:31:44,946 --> 00:31:46,823
As you're aware,
the statute under which

912
00:31:46,823 --> 00:31:50,410
Ms. Rios is being charged,
18 USC 793d,

913
00:31:50,410 --> 00:31:52,745
requires that the government
prove Ms. Rios' leak

914
00:31:52,745 --> 00:31:54,289
caused injury
to the United States

915
00:31:54,289 --> 00:31:56,291
or advantage
to a foreign government.

916
00:31:56,291 --> 00:31:57,625
As long as
the government refuses

917
00:31:57,625 --> 00:31:59,002
to even acknowledge
the existence

918
00:31:59,002 --> 00:32:00,920
of the surveillance program
Ms. Rios leaked,

919
00:32:00,920 --> 00:32:02,964
it is impossible to determine
whether it could cause

920
00:32:02,964 --> 00:32:06,176
injury or advantage.

921
00:32:06,176 --> 00:32:07,719
What exactly
are you saying?

922
00:32:07,719 --> 00:32:09,721
I'm saying that,
in order to prepare our defense,

923
00:32:09,721 --> 00:32:11,848
we need the government
to produce all the documents

924
00:32:11,848 --> 00:32:13,433
related to this
surveillance program.

925
00:32:13,433 --> 00:32:15,894
Those are highly‐classified
documents, Your Honor.

926
00:32:15,894 --> 00:32:18,229
That are essential
to our defense.

927
00:32:18,229 --> 00:32:20,231
This is an unusual request.

928
00:32:20,231 --> 00:32:21,482
We're in an unusual
situation.

929
00:32:21,482 --> 00:32:23,568
Your Honor,
if you grant this request,

930
00:32:23,568 --> 00:32:25,445
the government will
be forced to choose

931
00:32:25,445 --> 00:32:27,488
between revealing
classified information

932
00:32:27,488 --> 00:32:29,949
and continuing with
this prosecution.

933
00:32:29,949 --> 00:32:33,745
I understand
the government's predicament.

934
00:32:33,745 --> 00:32:35,955
But the basis for this request
is valid,

935
00:32:35,955 --> 00:32:37,207
and I'll grant it.

936
00:32:39,584 --> 00:32:41,252
As the production
of these documents is

937
00:32:41,252 --> 00:32:43,379
obviously problematic
for the government, I assume ‐‐

938
00:32:43,379 --> 00:32:44,797
We'll produce
the documents.

939
00:32:44,797 --> 00:32:45,840
What?

940
00:32:45,840 --> 00:32:47,050
Ms. Littlejohn...

941
00:32:47,050 --> 00:32:48,843
We'll produce
the documents.

942
00:32:48,843 --> 00:32:50,678
Do you need to check with your
supervisor, Ms. Littlejohn?

943
00:32:50,678 --> 00:32:52,430
No.
You sure?

944
00:32:52,430 --> 00:32:54,557
Yes, however,
the documents will need

945
00:32:54,557 --> 00:32:56,935
to undergo a full
national‐security review

946
00:32:56,935 --> 00:32:59,312
and then be redacted
prior to production.

947
00:32:59,312 --> 00:33:01,648
Based on the volume and
sensitivity of this material,

948
00:33:01,648 --> 00:33:04,400
I'd estimate a delay
of at least 18 months,

949
00:33:04,400 --> 00:33:06,486
during which time,
the government would

950
00:33:06,486 --> 00:33:09,155
strongly advocate for
Ms. Rios' continued detention.

951
00:33:09,155 --> 00:33:12,784
Your Honor ‐‐
I'd like to see the two of you
in my chambers now.

952
00:33:12,784 --> 00:33:16,746
♪♪

953
00:33:16,746 --> 00:33:19,707
Listen, I'm not gonna get
involved on one side of this,

954
00:33:19,707 --> 00:33:22,460
but I know neither of you
wants this case to go to trial.

955
00:33:22,460 --> 00:33:24,629
Figure this out.

956
00:33:24,629 --> 00:33:26,881
♪♪

957
00:33:26,881 --> 00:33:28,633
[ Door opens, closes ]

958
00:33:28,633 --> 00:33:29,509
[ Sighs ]

959
00:33:41,688 --> 00:33:46,025
His name was
Richard Prince.

960
00:33:46,025 --> 00:33:47,944
You asked me
why I wanted to do this?

961
00:33:47,944 --> 00:33:49,445
Richard Prince ‐‐

962
00:33:49,445 --> 00:33:51,406
He sat behind me in
Ms. Diller's history class.

963
00:33:51,406 --> 00:33:54,492
He talked a lot.
He cheated.

964
00:33:54,492 --> 00:33:56,035
At the end of the first
semester,

965
00:33:56,035 --> 00:33:58,955
he had the highest grade in
the class because he cheated.

966
00:33:58,955 --> 00:34:00,915
I liked school.

967
00:34:00,915 --> 00:34:03,751
Richard didn't
like school.

968
00:34:03,751 --> 00:34:05,086
Maybe he didn't need it.

969
00:34:05,086 --> 00:34:08,381
I don't know, I don't care.
I needed it.

970
00:34:08,381 --> 00:34:11,384
I looked forward
to Mondays, school.

971
00:34:11,384 --> 00:34:14,304
The weekends,
when I was at home...

972
00:34:14,304 --> 00:34:16,931
[ Inhales deeply ]

973
00:34:16,931 --> 00:34:20,601
We had two field trips every
year in my middle school.

974
00:34:20,601 --> 00:34:22,103
The big one
in seventh grade

975
00:34:22,103 --> 00:34:24,272
was across the state
to the U. S. Capitol.

976
00:34:24,272 --> 00:34:27,400
I had been looking forward
to the Capitol trip

977
00:34:27,400 --> 00:34:30,695
since I was...
5 years old.

978
00:34:30,695 --> 00:34:32,322
I'd memorized every
Speaker of the House

979
00:34:32,322 --> 00:34:33,740
since Frederick Muhlenberg.

980
00:34:33,740 --> 00:34:35,616
I knew that the prize

981
00:34:35,616 --> 00:34:37,243
for designing
the Capitol building

982
00:34:37,243 --> 00:34:38,911
was $500.

983
00:34:38,911 --> 00:34:41,205
I knew that
the Dome was made

984
00:34:41,205 --> 00:34:44,167
of 8,999,200 pounds
of cast iron.

985
00:34:44,167 --> 00:34:45,793
I knew this,

986
00:34:45,793 --> 00:34:47,962
and I wrote all these things
down in a little notebook,

987
00:34:47,962 --> 00:34:49,630
and I pasted pictures
into the notebook

988
00:34:49,630 --> 00:34:51,507
so I could bring it with me
when we went our trip

989
00:34:51,507 --> 00:34:55,053
and make sure I saw everything
I'd ever read about.

990
00:34:55,053 --> 00:34:56,846
I was more excited
about this trip

991
00:34:56,846 --> 00:35:00,266
than I've ever been about
anything in my life.

992
00:35:00,266 --> 00:35:02,602
We were 18 miles
outside of Roanoke

993
00:35:02,602 --> 00:35:07,148
when Richard Prince pulled out
his phone on the bus.

994
00:35:07,148 --> 00:35:09,108
There was one strict rule
on this trip ‐‐

995
00:35:09,108 --> 00:35:11,569
no electronic devices,
none.

996
00:35:11,569 --> 00:35:16,407
But Richard Prince had
brought his phone.

997
00:35:16,407 --> 00:35:17,784
Ms. Diller told him
to put it away.

998
00:35:17,784 --> 00:35:19,160
He refused.

999
00:35:19,160 --> 00:35:20,620
His friends started
to defend him.

1000
00:35:20,620 --> 00:35:22,038
It got loud.

1001
00:35:22,038 --> 00:35:24,499
I sat in the back of the bus
with my hands over my ears,

1002
00:35:24,499 --> 00:35:25,875
looking through
my notebook,

1003
00:35:25,875 --> 00:35:28,336
staring at pictures
of the Dome,

1004
00:35:28,336 --> 00:35:30,755
the crypt,
the Old Senate Chamber.

1005
00:35:30,755 --> 00:35:33,466
But it just got louder, louder,
more out of control,

1006
00:35:33,466 --> 00:35:38,513
and then I felt...
the wheels of the bus turn.

1007
00:35:38,513 --> 00:35:40,390
♪♪

1008
00:35:40,390 --> 00:35:43,601
I didn't look up,
but I felt it.

1009
00:35:43,601 --> 00:35:45,561
We were going home.

1010
00:35:45,561 --> 00:35:47,230
I was looking forward
to that Capitol trip

1011
00:35:47,230 --> 00:35:49,524
for six years ‐‐
six years ‐‐

1012
00:35:49,524 --> 00:35:52,068
and I did not get to go,

1013
00:35:52,068 --> 00:35:56,322
because Richard Prince decided
the rules didn't apply to him.

1014
00:35:56,322 --> 00:36:02,453
49 kids didn't get to go
because of 1 person.

1015
00:36:02,453 --> 00:36:05,665
Is this what I wanted to be
when I was growing up?

1016
00:36:05,665 --> 00:36:06,666
Yes.

1017
00:36:06,666 --> 00:36:10,128
Injustice isn't only felt

1018
00:36:10,128 --> 00:36:14,632
by the loudest person
complaining about it.

1019
00:36:14,632 --> 00:36:17,468
♪♪

1020
00:36:17,468 --> 00:36:19,679
The government withdraws
the espionage charges

1021
00:36:19,679 --> 00:36:23,057
and Dani pleads guilty
to theft of government property.

1022
00:36:23,057 --> 00:36:25,852
Time served plus three years
of supervised release.

1023
00:36:25,852 --> 00:36:31,399
♪♪

1024
00:36:31,399 --> 00:36:36,946
♪♪

1025
00:36:36,946 --> 00:36:38,239
[ Buttons clicking ]

1026
00:36:38,239 --> 00:36:39,115
Roger.

1027
00:36:39,115 --> 00:36:41,451
Hey, sorry about
that ship.

1028
00:36:41,451 --> 00:36:42,910
Why sorry?

1029
00:36:42,910 --> 00:36:45,747
Oh, I heard it didn't end up
in Brooklyn or Manhattan.

1030
00:36:45,747 --> 00:36:48,124
New Jersey, ugh.
That's a kick in the ass, huh?

1031
00:36:48,124 --> 00:36:49,917
Mm. Actually,
because of some

1032
00:36:49,917 --> 00:36:52,044
weather‐predicting calculations
I won't bore you with,

1033
00:36:52,044 --> 00:36:53,504
I knew where that ship
was going.

1034
00:36:53,504 --> 00:36:55,256
So I arranged to thank
some NYPD officers

1035
00:36:55,256 --> 00:36:56,424
that have been assisting me
by sending them

1036
00:36:56,424 --> 00:36:58,050
to a fine dinner
at a great restaurant,

1037
00:36:58,050 --> 00:36:59,802
which happened to be
near New Jersey's

1038
00:36:59,802 --> 00:37:01,220
Cape Liberty
Cruise Ship port.

1039
00:37:01,220 --> 00:37:02,638
So they were
in perfect position

1040
00:37:02,638 --> 00:37:04,307
to nab McKenna
when he stepped off that ship,

1041
00:37:04,307 --> 00:37:06,517
and before the sun came up,
he was safely back here,

1042
00:37:06,517 --> 00:37:08,978
in the arms of the
Southern District of New York.

1043
00:37:08,978 --> 00:37:10,146
[ Bell dings ]

1044
00:37:10,146 --> 00:37:11,814
Win‐win.
I'm off here.

1045
00:37:11,814 --> 00:37:18,279
♪♪

1046
00:37:20,448 --> 00:37:23,910
Your Honor,
I understand the appeal

1047
00:37:23,910 --> 00:37:26,662
of using this sentencing
software, EVALUATE.

1048
00:37:26,662 --> 00:37:28,080
I do.

1049
00:37:28,080 --> 00:37:31,292
It appears to be
efficient, precise,

1050
00:37:31,292 --> 00:37:34,462
immune to emotion
and lapses in logic.

1051
00:37:34,462 --> 00:37:37,298
It seems fair and unbiased,

1052
00:37:37,298 --> 00:37:40,092
so shouldn't we attempt
to be fair and unbiased

1053
00:37:40,092 --> 00:37:43,012
in evaluating whether
it actually works?

1054
00:37:43,012 --> 00:37:46,682
32, 19, 34.

1055
00:37:46,682 --> 00:37:49,435
Are you picking lotto numbers
for me, Ms. Adams?

1056
00:37:49,435 --> 00:37:52,730
32% is the federal
recidivism rate.

1057
00:37:52,730 --> 00:37:54,649
19%?

1058
00:37:54,649 --> 00:37:58,319
19% is the recidivism rate
of defendants tried

1059
00:37:58,319 --> 00:38:00,863
and sentenced in your court,
Judge Barish.

1060
00:38:00,863 --> 00:38:03,199
It's one of the lowest
in the Southern District.

1061
00:38:03,199 --> 00:38:04,742
34%?

1062
00:38:04,742 --> 00:38:07,328
That's the recidivism rate
of EVALUATE,

1063
00:38:07,328 --> 00:38:09,121
higher than
the national average,

1064
00:38:09,121 --> 00:38:11,707
15 points behind you.

1065
00:38:11,707 --> 00:38:13,793
I'm sure you have a theory
as to why that is.

1066
00:38:13,793 --> 00:38:15,378
I think you know I do,

1067
00:38:15,378 --> 00:38:18,297
but you asked me
to have faith in you,

1068
00:38:18,297 --> 00:38:20,758
in your experience,
your judgment,

1069
00:38:20,758 --> 00:38:21,676
and I do.

1070
00:38:21,676 --> 00:38:24,011
And these numbers
back that up.

1071
00:38:24,011 --> 00:38:27,598
You're not arbitrary
or capricious.

1072
00:38:27,598 --> 00:38:29,517
[ Sighs ]

1073
00:38:29,517 --> 00:38:31,936
When you were
in elementary school,

1074
00:38:31,936 --> 00:38:34,522
IBM built a computer
that it claimed

1075
00:38:34,522 --> 00:38:37,024
could beat a world champion
in chess.

1076
00:38:37,024 --> 00:38:37,942
It couldn't.

1077
00:38:37,942 --> 00:38:40,444
Lost to Garry Kasparov.

1078
00:38:40,444 --> 00:38:43,656
IBM made some tweaks,
and Deep Blue the rematch.

1079
00:38:43,656 --> 00:38:45,741
Today, every one of us
can download

1080
00:38:45,741 --> 00:38:47,618
free chess software
on our phones

1081
00:38:47,618 --> 00:38:50,371
that would
demolish Kasparov.

1082
00:38:50,371 --> 00:38:56,335
Technology isn't perfect,
but it's always improving.

1083
00:38:56,335 --> 00:39:00,882
I may have been premature
in relying on EVALUATE,

1084
00:39:00,882 --> 00:39:06,387
but this is the future,
Ms. Adams.

1085
00:39:06,387 --> 00:39:09,974
I appreciate your arguments
here today.

1086
00:39:09,974 --> 00:39:16,939
♪♪

1087
00:39:16,939 --> 00:39:18,107
[ Indistinct chatter,
camera shutters clicking ]

1088
00:39:18,107 --> 00:39:20,401
[ Sighs ] This is it.

1089
00:39:20,401 --> 00:39:23,112
Own it.

1090
00:39:23,112 --> 00:39:26,490
[ Horn honking in distance ]

1091
00:39:26,490 --> 00:39:28,576
My name is Dani Rios.

1092
00:39:28,576 --> 00:39:31,871
I stand here today
as a veteran, a patriot,

1093
00:39:31,871 --> 00:39:32,955
and the proud daughter
of immigrants.

1094
00:39:32,955 --> 00:39:33,998
Well, how does it feel
to be free?

1095
00:39:33,998 --> 00:39:35,249
Woman: What is it like
to be a folk hero?

1096
00:39:35,249 --> 00:39:36,375
I am not a hero.

1097
00:39:36,375 --> 00:39:38,294
I am just a regular
American citizen

1098
00:39:38,294 --> 00:39:39,879
who wanted to shine light
on injustice.

1099
00:39:39,879 --> 00:39:42,632
[ Indistinct shouting ]

1100
00:39:42,632 --> 00:39:45,426
♪♪

1101
00:39:45,426 --> 00:39:46,969
Thank you.
That's all for now.

1102
00:39:46,969 --> 00:39:47,678
Thank you.

1103
00:40:01,734 --> 00:40:03,569
I like it.

1104
00:40:03,569 --> 00:40:04,654
How long you been
working on that?

1105
00:40:04,654 --> 00:40:05,988
Long time.

1106
00:40:05,988 --> 00:40:07,323
Ever been?

1107
00:40:07,323 --> 00:40:10,534
No.

1108
00:40:10,534 --> 00:40:12,370
[ Molly Kate Kestner's
"Compromise" plays ]

1109
00:40:12,370 --> 00:40:14,413
♪ People tell me,
sell me potions ♪

1110
00:40:14,413 --> 00:40:17,124
♪ Notions,
all success and fortune ♪

1111
00:40:17,124 --> 00:40:18,167
♪ Who are they to tell me? ♪

1112
00:40:18,167 --> 00:40:19,418
[ Singsong voice ]
Come home with me.

1113
00:40:19,418 --> 00:40:21,879
Barish only gave Keenan
six months.

1114
00:40:21,879 --> 00:40:23,464
The government wanted
two years.

1115
00:40:23,464 --> 00:40:24,715
We're celebrating.

1116
00:40:24,715 --> 00:40:27,301
I know you prefer wine
out of the box,

1117
00:40:27,301 --> 00:40:28,886
but this is amazing.

1118
00:40:28,886 --> 00:40:30,513
I've got work to do.

1119
00:40:30,513 --> 00:40:32,598
If you don't come home with me,
I'll drink this entire bottle.

1120
00:40:32,598 --> 00:40:33,849
You know what happens
when I drink

1121
00:40:33,849 --> 00:40:35,434
an entire bottle of wine.

1122
00:40:35,434 --> 00:40:37,395
You do all the Schuyler sister
parts from "Hamilton"

1123
00:40:37,395 --> 00:40:38,771
and our neighbor
calls the cops.

1124
00:40:38,771 --> 00:40:41,190
Don't do that to me.

1125
00:40:41,190 --> 00:40:43,567
Please.

1126
00:40:43,567 --> 00:40:45,945
♪ I won't ♪
♪ I won't say goodbye ♪

1127
00:40:45,945 --> 00:40:47,029
[ Knocks on door ]

1128
00:40:47,029 --> 00:40:48,948
Hey, you got to come
out for drinks.

1129
00:40:48,948 --> 00:40:50,366
No date tonight?

1130
00:40:50,366 --> 00:40:51,951
She might need a little
cooling‐off time.

1131
00:40:51,951 --> 00:40:53,786
Well, I can't, thanks.
I have to work.

1132
00:40:53,786 --> 00:40:54,829
I don't care.

1133
00:40:54,829 --> 00:40:56,122
I told Seth I owe him
a drink sometime

1134
00:40:56,122 --> 00:40:57,039
for his help
with the cruise ship.

1135
00:40:57,039 --> 00:40:58,958
He said tonight's good.

1136
00:40:58,958 --> 00:41:00,668
I'm not drinking alone
with him.

1137
00:41:00,668 --> 00:41:01,961
Don't make me do that.

1138
00:41:01,961 --> 00:41:04,547
♪ Try to shut me,
cut me down to size ♪

1139
00:41:04,547 --> 00:41:07,758
♪ But trust me,
they don't even know me ♪

1140
00:41:07,758 --> 00:41:10,386
♪ They don't even know me ♪

1141
00:41:10,386 --> 00:41:14,015
♪ I don't need to justify
the way I live my life, ♪

1142
00:41:14,015 --> 00:41:16,017
♪ It's mine,
so who are you to tell me? ♪
[ Knock on door ]

1143
00:41:16,017 --> 00:41:17,476
Guest of honor.

1144
00:41:17,476 --> 00:41:18,769
♪ Who are you to tell me? ♪

1145
00:41:18,769 --> 00:41:22,189
♪ I owe you the part of me,
heart of me ♪

1146
00:41:22,189 --> 00:41:23,232
♪ Just enough to start
something ♪

1147
00:41:23,232 --> 00:41:24,400
Reach in my pocket.

1148
00:41:24,400 --> 00:41:26,068
Don't.

1149
00:41:26,068 --> 00:41:27,111
No way my card's
in there.

1150
00:41:27,111 --> 00:41:28,738
[ Sighs ]

1151
00:41:28,738 --> 00:41:29,739
Dude...

1152
00:41:29,739 --> 00:41:30,906
That's incredible.

1153
00:41:30,906 --> 00:41:32,742
Would've been cooler
if it was a rabbit.

1154
00:41:32,742 --> 00:41:34,493
[ Cellphone chimes ]
♪ I won't say goodbye ♪

1155
00:41:34,493 --> 00:41:36,996
♪ Dreams I had
since I was five ♪

1156
00:41:36,996 --> 00:41:39,165
♪ You can never break me ♪

1157
00:41:39,165 --> 00:41:40,916
Can you feel that?
One more.

1158
00:41:40,916 --> 00:41:42,084
Nice.

1159
00:41:42,084 --> 00:41:44,253
♪ Won't apologize ♪

1160
00:41:44,253 --> 00:41:46,130
♪ I don't care
if you're satisfied ♪

1161
00:41:46,130 --> 00:41:47,715
[ Chuckles ] Hi.

1162
00:41:47,715 --> 00:41:48,549
Long time.

1163
00:41:48,549 --> 00:41:51,218
Too long.

1164
00:41:51,218 --> 00:41:53,929
♪ Never gonna change me ♪

1165
00:41:53,929 --> 00:41:55,598
♪ Never gonna change me ♪

1166
00:41:55,598 --> 00:41:57,933
♪ No, no, no, no, no ♪

1167
00:41:57,933 --> 00:42:00,895
♪ Oh, you're never gonna
change me ♪

1168
00:42:00,895 --> 00:42:03,689
♪ Never gonna change me ♪

1169
00:42:03,689 --> 00:42:06,484
♪ I won't ♪
♪ I won't compromise ♪

1170
00:42:06,484 --> 00:42:08,652
♪ I won't ♪
♪ Won't apologize ♪

1171
00:42:08,652 --> 00:42:10,946
♪ I don't care
if you're satisfied ♪

1172
00:42:10,946 --> 00:42:13,074
♪ Never gonna change me ♪

1173
00:42:13,074 --> 00:42:15,493
♪ Never gonna change me ♪

1174
00:42:15,493 --> 00:42:18,245
♪ Never gonna change me ♪

1175
00:42:18,245 --> 00:42:20,706
♪ Never gonna change me ♪

1176
00:42:20,706 --> 00:42:23,584
♪ I won't compromise, no ♪

1177
00:42:26,587 --> 00:42:35,846
♪♪

1178
00:42:35,846 --> 00:42:45,064
♪♪

1179
00:42:45,064 --> 00:42:54,156
♪♪