1 00:00:02,380 --> 00:00:03,420 Previously on "For the People"... 2 00:00:03,420 --> 00:00:04,460 This is your home, your kitchen... 3 00:00:04,460 --> 00:00:05,460 [ Refrigerator door opens ] ...your food. 4 00:00:05,460 --> 00:00:06,580 Not that. That's Seth's. 5 00:00:06,580 --> 00:00:08,540 [ Pounding on door ] Your listing said 6 00:00:08,540 --> 00:00:10,120 "One-bedroom apartment," 7 00:00:10,120 --> 00:00:11,210 nothing about sharing. 8 00:00:11,210 --> 00:00:12,620 [ Air blasting ] 9 00:00:12,620 --> 00:00:14,250 My mother came by for lunch and wanted to say hi. 10 00:00:14,250 --> 00:00:16,540 I hope my son is doing an adequate job for you, 11 00:00:16,540 --> 00:00:18,420 but if he's not, promise you'll never show him 12 00:00:18,420 --> 00:00:20,380 any special favor just because of me. 13 00:00:20,380 --> 00:00:22,040 Deal. If anything, I'll make it even harder on him. 14 00:00:22,040 --> 00:00:23,380 How about that? 15 00:00:23,380 --> 00:00:24,120 Prison isn't the answer for everything. 16 00:00:24,120 --> 00:00:25,670 Have some compassion. 17 00:00:25,670 --> 00:00:26,960 I have compassion for people who follow the rules. 18 00:00:26,960 --> 00:00:28,330 Did you ever break a rule? 19 00:00:28,330 --> 00:00:29,960 For which you didn't pay the appropriate price? 20 00:00:29,960 --> 00:00:30,920 Has that ever happened? 21 00:00:30,920 --> 00:00:32,000 You could be a good lawyer. 22 00:00:32,000 --> 00:00:33,000 What did I get? 23 00:00:33,000 --> 00:00:34,210 You said, on the first day, 24 00:00:34,210 --> 00:00:35,170 "Get something." 25 00:00:35,170 --> 00:00:36,250 You got beat. 26 00:00:36,250 --> 00:00:38,040 And now you got to get up. 27 00:00:39,710 --> 00:00:42,790 [ Alex Goose & Hemlock Ernst's "No Label" plays ] 28 00:00:42,790 --> 00:00:44,540 ♪♪ 29 00:00:44,540 --> 00:00:46,540 ♪ Wanna be respected as a man, not a label ♪ 30 00:00:46,540 --> 00:00:48,380 ♪ Wanna be a legend, not a fable ♪ 31 00:00:48,380 --> 00:00:50,330 ♪ Just trying to put food on my family's table ♪ 32 00:00:50,330 --> 00:00:51,830 ♪ And I'm ready, willing, and able ♪ 33 00:00:51,830 --> 00:00:53,880 ♪ To lay all the cash on this blacktop ♪ 34 00:00:53,880 --> 00:00:56,420 ♪ The bar slinger, Harriet with the hair trigger finger ♪ 35 00:00:56,420 --> 00:00:58,000 ♪ Signed, sealed, delivered, heavy ball swinger ♪ 36 00:00:58,000 --> 00:00:59,380 ♪ Cash and card clinger ♪ 37 00:00:59,380 --> 00:01:00,710 ♪ Remember the kiss behind the gym? ♪ 38 00:01:00,710 --> 00:01:02,250 ♪ She stepped up at grade six ♪ 39 00:01:02,250 --> 00:01:04,040 ♪ Now it's caked fish in the lobby ♪ [ Elevator bell dings ] 40 00:01:04,040 --> 00:01:05,710 ♪ A diamond hobby, Lexington Grand ♪ 41 00:01:05,710 --> 00:01:07,460 ♪ Handle hard and stick to the plan ♪ 42 00:01:07,460 --> 00:01:09,040 ♪ Handle hard and then we're in it for life ♪ 43 00:01:09,040 --> 00:01:10,790 ♪ No passion out the dog in this fight ♪ 44 00:01:10,790 --> 00:01:12,500 ♪ Just too bright in this limelight ♪ 45 00:01:12,500 --> 00:01:14,790 ♪ Dimes pop up in low places, give me your name ♪ 46 00:01:14,790 --> 00:01:16,500 ♪ She likes the way I move platelets ♪ 47 00:01:16,500 --> 00:01:18,330 ♪ Heaven and earth in one millisecond ♪ 48 00:01:18,330 --> 00:01:20,290 ♪ Cursed to move heaven from birth in one vivisection ♪ 49 00:01:20,290 --> 00:01:21,580 ♪ And I'm up for it ♪ 50 00:01:21,580 --> 00:01:23,330 ♪ Crowd's applause all worth the problems ♪ 51 00:01:23,330 --> 00:01:25,790 ♪ Seeming a gladiator in the coliseum ♪ 52 00:01:25,790 --> 00:01:27,380 ♪ Problems find me when I'm hardly breathing ♪ 53 00:01:27,380 --> 00:01:29,000 ♪ Head heavy with my lady screaming ♪ 54 00:01:29,000 --> 00:01:30,580 ♪ She love and hate me, and she love to hate me ♪ 55 00:01:30,580 --> 00:01:32,880 ♪ Wanna be respected as a man, not a label ♪ 56 00:01:32,880 --> 00:01:34,580 ♪ Wanna be a legend, not a fable ♪ 57 00:01:34,580 --> 00:01:36,580 ♪ Just trying to put food on my family's table ♪ 58 00:01:36,580 --> 00:01:38,040 ♪ And I'm ready, willing, and able ♪ 59 00:01:38,040 --> 00:01:39,790 ♪ To lay all the cash on this blacktop ♪ 60 00:01:39,790 --> 00:01:42,250 ♪ Wanna be respected as a man, not a label ♪ 61 00:01:42,250 --> 00:01:43,620 ♪ Wanna be a legend, not a fable ♪ 62 00:01:43,620 --> 00:01:45,960 ♪ Just trying to put food on my family's table ♪ 63 00:01:45,960 --> 00:01:47,420 ♪ And I'm ready, willing, and able ♪ 64 00:01:47,420 --> 00:01:48,880 ♪ To lay all the cash on this blacktop ♪ 65 00:01:48,880 --> 00:01:50,080 Dani Rios. 66 00:01:50,080 --> 00:01:51,500 Dani Rios. 67 00:01:51,500 --> 00:01:54,250 26, ex-military, now a government contractor 68 00:01:54,250 --> 00:01:56,620 working for the NSA in intelligence analysis. 69 00:01:56,620 --> 00:01:57,750 You see where this is going? 70 00:01:57,750 --> 00:01:59,460 She's a whistle-blower... She's a thief... 71 00:01:59,460 --> 00:02:00,960 ...who allegedly leaked documents revealing 72 00:02:00,960 --> 00:02:03,120 that the NSA has been illegally accessing 73 00:02:03,120 --> 00:02:05,040 confidential medical databases 74 00:02:05,040 --> 00:02:07,460 in order to identify undocumented Americans. 75 00:02:07,460 --> 00:02:10,040 ...who stole highly-classified government files 76 00:02:10,040 --> 00:02:12,620 jeopardizing an important national security initiative. 77 00:02:12,620 --> 00:02:14,710 She sent the documents to a fringe left-wing website. 78 00:02:14,710 --> 00:02:16,170 The mainstream media. 79 00:02:16,170 --> 00:02:17,710 The documents haven't been published. ...yet. 80 00:02:17,710 --> 00:02:19,880 But there are rumors of the programs existence. 81 00:02:19,880 --> 00:02:21,460 If I were to guess... I am certain... 82 00:02:21,460 --> 00:02:23,290 ...Dani is an idealist... ...a punk... 83 00:02:23,290 --> 00:02:24,580 ...well-intentioned... ...sanctimonious... 84 00:02:24,580 --> 00:02:25,830 ...misguided... ...entitled... 85 00:02:25,830 --> 00:02:27,960 ...in over her... ...swollen head. 86 00:02:27,960 --> 00:02:30,380 I'm giving this case to you, Sandra, 87 00:02:30,380 --> 00:02:31,880 because I think you can connect with her... 88 00:02:31,880 --> 00:02:33,330 I'm giving this case to you, Littlejohn, 89 00:02:33,330 --> 00:02:34,580 because I know you'll want to crush her... 90 00:02:34,580 --> 00:02:36,790 ...because you understand the rule breakers. 91 00:02:36,790 --> 00:02:37,790 ...because you believe in the rule of law. 92 00:02:37,790 --> 00:02:38,500 Do your best. 93 00:02:38,500 --> 00:02:39,620 Win. 94 00:02:43,830 --> 00:02:45,500 Taj Mahal? 95 00:02:45,500 --> 00:02:46,750 No. 96 00:02:49,080 --> 00:02:51,170 Do you know how long it took me to get here on the train? 97 00:02:51,170 --> 00:02:52,460 [ Chuckles ] You took the train? 98 00:02:52,460 --> 00:02:53,330 45 minutes. 99 00:02:53,330 --> 00:02:55,290 It takes 45 minutes. 100 00:02:55,290 --> 00:02:56,330 You're nervous, aren't you? 101 00:02:56,330 --> 00:02:57,790 It's my first sentencing. 102 00:02:57,790 --> 00:02:58,960 Oh, well, you're gonna do great. 103 00:02:58,960 --> 00:02:59,880 Is this your new case? 104 00:02:59,880 --> 00:03:01,380 Mm-hmm. 105 00:03:01,380 --> 00:03:02,960 Okay, now I'm nervous. 106 00:03:02,960 --> 00:03:03,880 I've read your sentencing brief. 107 00:03:03,880 --> 00:03:04,960 It's superb. 108 00:03:04,960 --> 00:03:06,170 Y-You always do this. 109 00:03:06,170 --> 00:03:08,080 Not that. This. 110 00:03:08,080 --> 00:03:10,080 You're up against Kate Littlejohn. 111 00:03:10,080 --> 00:03:11,670 So what? Not so what. 112 00:03:11,670 --> 00:03:14,040 Talk to Jay. Definitely not "so what." 113 00:03:15,670 --> 00:03:16,960 Hey. 114 00:03:16,960 --> 00:03:18,120 I'm busy. 115 00:03:18,120 --> 00:03:19,460 I thought you'd like to know 116 00:03:19,460 --> 00:03:21,000 that things are getting better with me and Ezra. 117 00:03:22,830 --> 00:03:24,080 My Airbnb roommate. 118 00:03:24,080 --> 00:03:26,330 We worked out this, uh... shower schedule. 119 00:03:26,330 --> 00:03:27,420 As long as I'm in by 5:00, 120 00:03:27,420 --> 00:03:28,790 I can stay in there as long as I want -- 121 00:03:28,790 --> 00:03:30,500 literally as long as I want. 122 00:03:30,500 --> 00:03:31,920 I negotiated that. 123 00:03:31,920 --> 00:03:33,210 So...that's pretty cool. 124 00:03:33,210 --> 00:03:34,380 Do you need something? 125 00:03:34,380 --> 00:03:36,790 Just wanted to say "hi," good morning. 126 00:03:36,790 --> 00:03:38,250 I'm glad you showered. 127 00:03:38,250 --> 00:03:40,250 I just have this new case, and it's a lot. 128 00:03:40,250 --> 00:03:42,170 This partner in my old law firm once told me 129 00:03:42,170 --> 00:03:43,880 the first thing you do when you get a case 130 00:03:43,880 --> 00:03:46,670 is find out who opposing counsel is. 131 00:03:46,670 --> 00:03:48,460 Most of the time, it's some deadbeat, 132 00:03:48,460 --> 00:03:50,250 and then you feel better about yourself. 133 00:03:50,250 --> 00:03:54,580 Opposing counsel is Sandra Bell. 134 00:03:54,580 --> 00:03:57,580 So that partner's advice was pretty bad all around. 135 00:03:57,580 --> 00:04:06,880 ♪♪ 136 00:04:06,880 --> 00:04:16,380 ♪♪ 137 00:04:16,380 --> 00:04:25,830 ♪♪ 138 00:04:25,830 --> 00:04:27,750 You're gonna tell the judge my uncle gave me that gun 139 00:04:27,750 --> 00:04:29,460 after our apartment got broken into twice? 140 00:04:29,460 --> 00:04:31,540 Yes. Everything is in our papers. 141 00:04:31,540 --> 00:04:33,120 And those kids who stopped me and little brother that day 142 00:04:33,120 --> 00:04:34,380 are in a gang. 143 00:04:34,380 --> 00:04:36,080 I bought the gun just to get them to back off. 144 00:04:36,080 --> 00:04:39,290 I would never hurt anyone, but I got to protect Donovan. 145 00:04:39,290 --> 00:04:40,420 We've only got each other. 146 00:04:40,420 --> 00:04:42,040 I know, Keenan. I know. 147 00:04:42,040 --> 00:04:44,460 But you did plead guilty to possession of a firearm. 148 00:04:44,460 --> 00:04:46,710 We have to be prepared for some jail time. 149 00:04:46,710 --> 00:04:48,460 If I go away for too long, 150 00:04:48,460 --> 00:04:50,460 I don't know what'll happen to my mom and Donovan. 151 00:04:50,460 --> 00:04:51,670 I take care of them. 152 00:04:51,670 --> 00:04:53,830 Judge Barish will factor all of this 153 00:04:53,830 --> 00:04:55,710 into her sentencing determination. 154 00:04:55,710 --> 00:04:57,290 She's reasonable. 155 00:04:57,290 --> 00:05:00,290 [ Elevator bell dings in distance ] 156 00:05:00,290 --> 00:05:02,500 I've reviewed the pre-sentence report, 157 00:05:02,500 --> 00:05:04,420 and I have both of your briefs. 158 00:05:04,420 --> 00:05:06,460 I'm prepared to impose my sentence. 159 00:05:06,460 --> 00:05:08,500 I do want to inform you that I'll be utilizing 160 00:05:08,500 --> 00:05:11,500 the Greene-Haot risk-assessment software, EVALUATE, 161 00:05:11,500 --> 00:05:13,120 to assist in determining the appropriate sentence. 162 00:05:13,120 --> 00:05:14,580 Software? 163 00:05:14,580 --> 00:05:16,670 An algorithm that makes a determination 164 00:05:16,670 --> 00:05:18,880 about the defendant's potential recidivism. 165 00:05:18,880 --> 00:05:22,620 Many courts across the country are already utilizing this tool. 166 00:05:22,620 --> 00:05:24,210 I'm sorry, Your Honor. 167 00:05:24,210 --> 00:05:25,880 Can the court educate counsel 168 00:05:25,880 --> 00:05:28,080 on what factors go into this algorithm? 169 00:05:28,080 --> 00:05:29,830 There are a lot of factors, 170 00:05:29,830 --> 00:05:32,080 but the exact formula is proprietary. 171 00:05:32,080 --> 00:05:34,960 What we do know is that this technology promises 172 00:05:34,960 --> 00:05:38,210 to bring uniformity and fairness and scientific discipline 173 00:05:38,210 --> 00:05:40,080 to an area of law that has always been 174 00:05:40,080 --> 00:05:41,710 arbitrary and capricious. 175 00:05:41,710 --> 00:05:43,380 This is a good thing, Ms. Adams. 176 00:05:43,380 --> 00:05:45,710 You're asking my client to simply have faith 177 00:05:45,710 --> 00:05:47,460 that this program is fair? 178 00:05:47,460 --> 00:05:51,040 I am not asking you or your client anything. 179 00:05:51,040 --> 00:05:54,170 I am telling you how I plan on determining this sentence. 180 00:05:54,170 --> 00:05:56,960 If you need faith in something, 181 00:05:56,960 --> 00:05:59,380 have faith that I've been a federal judge for 17 years 182 00:05:59,380 --> 00:06:00,790 and I know what I'm doing. 183 00:06:00,790 --> 00:06:02,750 Respectfully, Your Honor, 184 00:06:02,750 --> 00:06:05,080 I'd like the opportunity to address the court 185 00:06:05,080 --> 00:06:06,880 on the software before sentencing. 186 00:06:06,880 --> 00:06:09,710 I'll give you one week to prepare an argument. 187 00:06:09,710 --> 00:06:11,210 We're in recess. 188 00:06:11,210 --> 00:06:12,750 ♪♪ 189 00:06:12,750 --> 00:06:13,920 [ Knocks on door ] 190 00:06:13,920 --> 00:06:16,540 You went up against Kate Littlejohn, right? 191 00:06:16,540 --> 00:06:18,330 Why would you say that name in this office? 192 00:06:18,330 --> 00:06:19,830 This is a safe space. 193 00:06:19,830 --> 00:06:21,830 What's the problem with her? 194 00:06:21,830 --> 00:06:23,250 You ever go to a movie and there are, like, 195 00:06:23,250 --> 00:06:24,670 two people talking right behind you 196 00:06:24,670 --> 00:06:26,290 and they're ruining your movie and you're like, 197 00:06:26,290 --> 00:06:27,790 "Mm! I really want to say something, 198 00:06:27,790 --> 00:06:30,080 but I'm scared they're gonna dog-pile me"? 199 00:06:30,080 --> 00:06:32,750 And then some other person just says, "Hey, shut up!" 200 00:06:32,750 --> 00:06:34,380 And the people talking shut up, 201 00:06:34,380 --> 00:06:36,080 and you're really grateful for that person 202 00:06:36,080 --> 00:06:37,210 and wondering why you were so wimpy, 203 00:06:37,210 --> 00:06:38,920 but then you start worrying 204 00:06:38,920 --> 00:06:40,420 that person who told them to shut up 205 00:06:40,420 --> 00:06:42,210 is now gonna yell at you about something, 206 00:06:42,210 --> 00:06:43,290 and you realize that person 207 00:06:43,290 --> 00:06:45,120 is the person that really scares you? 208 00:06:45,120 --> 00:06:46,460 That's Kate Littlejohn. 209 00:06:46,460 --> 00:06:48,580 She's intense and uncompromising, 210 00:06:48,580 --> 00:06:51,750 and she instills in you an incalculable fear... 211 00:06:51,750 --> 00:06:55,670 and dread. 212 00:06:55,670 --> 00:06:58,380 I think you might not have the same issues I did, though. 213 00:06:58,380 --> 00:07:00,290 ♪♪ 214 00:07:00,290 --> 00:07:02,080 You went up against Sandra Bell, right? 215 00:07:02,080 --> 00:07:03,750 And won. Why? 216 00:07:03,750 --> 00:07:05,880 She's opposing counsel on my next case. 217 00:07:05,880 --> 00:07:06,920 Did you get the leaker case? 218 00:07:06,920 --> 00:07:08,040 Don't tell me you got the leaker case. 219 00:07:08,040 --> 00:07:10,620 O...kay. 220 00:07:10,620 --> 00:07:11,460 Did you get the leaker case? 221 00:07:11,460 --> 00:07:13,170 Yes. 222 00:07:13,170 --> 00:07:14,920 If it was anybody but you, I'd be annoyed. 223 00:07:14,920 --> 00:07:16,120 You're annoyed. Super-annoyed. 224 00:07:16,120 --> 00:07:17,830 Roger's punishing me for bringing my mom here. 225 00:07:17,830 --> 00:07:19,420 Tell me about Sandra. 226 00:07:19,420 --> 00:07:21,790 She's self-righteous, passionate, in your face. 227 00:07:21,790 --> 00:07:23,670 I don't like her. I don't like what she represents. 228 00:07:23,670 --> 00:07:25,380 I don't like who she represents, and if I ever got arrested, 229 00:07:25,380 --> 00:07:28,290 she'd probably be the first person I'd call. 230 00:07:28,290 --> 00:07:31,210 I can cancel my date tonight and work on this with you. 231 00:07:31,210 --> 00:07:32,880 I don't want you to cancel your date. 232 00:07:32,880 --> 00:07:34,080 You sure? 233 00:07:34,080 --> 00:07:35,580 Yes. Oh. 234 00:07:35,580 --> 00:07:39,670 I'll be thinking about you the whole time. 235 00:07:39,670 --> 00:07:41,670 High-profile case, Kate Littlejohn. 236 00:07:41,670 --> 00:07:43,420 The press is gonna have a field day with this. 237 00:07:43,420 --> 00:07:47,960 It's important. It's not high profile. 238 00:07:47,960 --> 00:07:49,330 [ Buzzer blares ] 239 00:07:49,330 --> 00:07:51,330 You know what they're doing, right? 240 00:07:51,330 --> 00:07:53,420 They're accessing hospital databases 241 00:07:53,420 --> 00:07:55,290 without patients' permission. 242 00:07:55,290 --> 00:07:57,750 They say it is an anti-terror program, 243 00:07:57,750 --> 00:08:00,040 a-a way to find people who are off the grid, 244 00:08:00,040 --> 00:08:02,290 but they're not using it to find terrorists. 245 00:08:02,290 --> 00:08:04,080 They're using it to deport people, 246 00:08:04,080 --> 00:08:06,170 regular people, 247 00:08:06,170 --> 00:08:08,420 people who were brave enough and hopeful enough 248 00:08:08,420 --> 00:08:10,250 to leave everything they knew and come here. 249 00:08:10,250 --> 00:08:13,120 I was trying to do the right thing. 250 00:08:13,120 --> 00:08:14,620 I know you were. 251 00:08:14,620 --> 00:08:16,750 But it may have been the right thing at the wrong time. 252 00:08:16,750 --> 00:08:19,460 The government is aggressively prosecuting leakers right now. 253 00:08:19,460 --> 00:08:21,040 They're gonna try to punish you. 254 00:08:21,040 --> 00:08:22,960 I believe our best chance is gonna be to try 255 00:08:22,960 --> 00:08:25,120 to negotiate with the government for a deal. 256 00:08:25,120 --> 00:08:27,500 You face decades in prison if you get convicted at trial. 257 00:08:27,500 --> 00:08:29,710 A deal, I might be able to get it down to five years. 258 00:08:29,710 --> 00:08:32,460 I never thought I'd end up in here. 259 00:08:32,460 --> 00:08:33,710 In jail? Me? 260 00:08:33,710 --> 00:08:35,420 Two tours in Iraq, 261 00:08:35,420 --> 00:08:37,420 and now I'm an enemy of the state, 262 00:08:37,420 --> 00:08:40,000 all over the news. 263 00:08:40,000 --> 00:08:41,830 You're not all over the news. 264 00:08:41,830 --> 00:08:43,580 ♪♪ 265 00:08:43,580 --> 00:08:45,290 Kate: We never sent out a press release. 266 00:08:45,290 --> 00:08:46,880 'Cause we didn't want any press. 267 00:08:46,880 --> 00:08:49,120 Isn't the point of prosecuting a leaker to send a message? 268 00:08:49,120 --> 00:08:50,960 No, the point of prosecuting a leaker 269 00:08:50,960 --> 00:08:52,830 is to stop the leaking of classified information. 270 00:08:52,830 --> 00:08:54,210 The more we talk about it, 271 00:08:54,210 --> 00:08:55,670 the greater the risk that information gets out. 272 00:08:55,670 --> 00:08:57,170 Well, I think it was a mistake. 273 00:08:57,170 --> 00:08:59,290 Burying this makes it look like we're hiding something. 274 00:08:59,290 --> 00:09:00,620 We are. 275 00:09:00,620 --> 00:09:02,960 [ Chuckling ] Well, if I was on the other side, 276 00:09:02,960 --> 00:09:04,170 I'd do something with that. 277 00:09:05,380 --> 00:09:07,210 They never issued a press release. 278 00:09:07,210 --> 00:09:08,620 Because they didn't want any press. 279 00:09:08,620 --> 00:09:10,290 Why? My guess? 280 00:09:10,290 --> 00:09:12,120 Dani's a highly sympathetic defendant. 281 00:09:12,120 --> 00:09:14,420 If her story gets out, people will be mad, 282 00:09:14,420 --> 00:09:15,830 and then they'll be more interested 283 00:09:15,830 --> 00:09:17,710 in the very thing the government was trying to protect. 284 00:09:17,710 --> 00:09:19,120 That puts pressure on the government 285 00:09:19,120 --> 00:09:20,670 to reveal more about what happened. 286 00:09:20,670 --> 00:09:23,170 To drop or at least reduce the charges against Dani. 287 00:09:23,170 --> 00:09:25,250 You're gonna do this, aren't you? 288 00:09:25,250 --> 00:09:28,120 Unless you tell me not to. 289 00:09:28,120 --> 00:09:31,040 24 hours ago, the FBI arrested a young woman 290 00:09:31,040 --> 00:09:32,540 for telling the truth, 291 00:09:32,540 --> 00:09:34,960 that in the false name of anti-terrorism, 292 00:09:34,960 --> 00:09:37,500 the United States government has been illegally accessing 293 00:09:37,500 --> 00:09:40,620 the confidential medical records of millions of Americans 294 00:09:40,620 --> 00:09:44,500 in order to identify and deport undocumented immigrants. 295 00:09:44,500 --> 00:09:47,290 The government tried to keep this program a secret, 296 00:09:47,290 --> 00:09:49,920 and now it's trying to keep this arrest a secret, 297 00:09:49,920 --> 00:09:51,380 but this is America. 298 00:09:51,380 --> 00:09:53,000 My client's name is Dani Rios. 299 00:09:53,000 --> 00:09:54,710 She's a hero. 300 00:09:54,710 --> 00:09:55,880 Not a criminal. 301 00:09:55,880 --> 00:09:58,540 [ Indistinct chatter ] 302 00:09:58,540 --> 00:10:01,540 ♪♪ 303 00:10:08,710 --> 00:10:13,670 ♪ I don't know how to say no ♪ [ Both breathing heavily ] 304 00:10:13,670 --> 00:10:16,580 ♪ Don't hold me accountable ♪ 305 00:10:16,580 --> 00:10:17,710 [ Sighs ] Damn. 306 00:10:17,710 --> 00:10:20,040 Damn! 307 00:10:20,040 --> 00:10:21,750 You broke my brain. 308 00:10:21,750 --> 00:10:23,960 You literally broke my brain. 309 00:10:23,960 --> 00:10:26,330 [ Cellphone chimes ] 310 00:10:26,330 --> 00:10:29,330 ♪♪ 311 00:10:29,330 --> 00:10:30,500 Gotta go. 312 00:10:30,500 --> 00:10:31,420 Find my clothes. 313 00:10:31,420 --> 00:10:33,290 Everything okay? [ Sighs ] 314 00:10:33,290 --> 00:10:35,880 Work stuff. I have to be in Brooklyn. 315 00:10:35,880 --> 00:10:37,120 Why? 316 00:10:37,120 --> 00:10:39,000 Because it's where I work, Brooklyn. 317 00:10:39,000 --> 00:10:40,620 Yeah, what's the case? 318 00:10:40,620 --> 00:10:42,000 Can't say. 319 00:10:42,000 --> 00:10:43,710 I'm Southern District, you're Eastern. 320 00:10:43,710 --> 00:10:45,210 We're family. 321 00:10:45,210 --> 00:10:46,790 [ Chuckling ] That's messed up. 322 00:10:46,790 --> 00:10:47,880 You broke my brain. 323 00:10:47,880 --> 00:10:49,500 [ Sighs ] 324 00:10:49,500 --> 00:10:51,380 Bart McKenna. 325 00:10:51,380 --> 00:10:53,210 The Bart McKenna? 326 00:10:53,210 --> 00:10:56,120 $100 million Ponzi-scheme Bart McKenna? 327 00:10:56,120 --> 00:10:57,960 Saw the story broke yesterday. 328 00:10:57,960 --> 00:10:59,000 Yeah, we were scrambling to make a case, 329 00:10:59,000 --> 00:11:00,380 and then he ran. 330 00:11:00,380 --> 00:11:01,830 Slipped town last night on a cruise ship, 331 00:11:01,830 --> 00:11:04,250 except his ship stalled in the middle of the Hudson River. 332 00:11:04,250 --> 00:11:05,670 And as soon as we can get it towed to Brooklyn, 333 00:11:05,670 --> 00:11:07,620 I'll be waiting there with the FBI. 334 00:11:07,620 --> 00:11:09,920 Which is why I have to go to Brooklyn. 335 00:11:09,920 --> 00:11:12,120 Congratulations. That's huge. 336 00:11:14,080 --> 00:11:15,420 This is our secret. 337 00:11:15,420 --> 00:11:16,750 Mm-hmm. Which part? 338 00:11:16,750 --> 00:11:18,960 All of it. 339 00:11:18,960 --> 00:11:22,750 [ Door opens, closes ] 340 00:11:22,750 --> 00:11:25,170 ♪♪ 341 00:11:25,170 --> 00:11:28,790 Bart McKenna's on a boat. 342 00:11:28,790 --> 00:11:31,040 Is this that game where I add a sentence to yours 343 00:11:31,040 --> 00:11:32,670 and we make a story? The Ponzi guy -- 344 00:11:32,670 --> 00:11:34,420 He's stuck on a cruise ship in the middle of the Hudson. 345 00:11:34,420 --> 00:11:35,620 Eastern is trying to make that case. 346 00:11:35,620 --> 00:11:37,120 Yes, but they haven't yet. 347 00:11:37,120 --> 00:11:38,170 And he's incorporated in Manhattan. 348 00:11:38,170 --> 00:11:39,330 Several of his victims are here, 349 00:11:39,330 --> 00:11:41,250 so if I get that boat to dock in Manhattan, 350 00:11:41,250 --> 00:11:42,960 we can claim venue as much as they can. 351 00:11:42,960 --> 00:11:44,040 You're trying to steal this case? 352 00:11:44,040 --> 00:11:45,620 Trying to get off the bench, 353 00:11:45,620 --> 00:11:47,710 get you a win, get myself a game ball. 354 00:11:47,710 --> 00:11:49,290 I hate sports metaphors. 355 00:11:49,290 --> 00:11:50,460 But I like what you're saying. 356 00:11:50,460 --> 00:11:51,620 You want me to go after this? 357 00:11:51,620 --> 00:11:53,330 Yes. Great. 358 00:11:53,330 --> 00:11:54,290 If you steal a case for the Southern, 359 00:11:54,290 --> 00:11:56,210 that's good for me, and if you blow this, 360 00:11:56,210 --> 00:11:57,750 then I can feel less guilty about making you pay 361 00:11:57,750 --> 00:11:59,170 for parading your mom through my office. 362 00:11:59,170 --> 00:12:00,170 Win-win. 363 00:12:02,960 --> 00:12:04,420 You wanted to see me. 364 00:12:04,420 --> 00:12:05,670 You need to respond to that press conference. 365 00:12:05,670 --> 00:12:07,380 I thought we didn't want press. 366 00:12:07,380 --> 00:12:09,000 We didn't want press, but now there's press, 367 00:12:09,000 --> 00:12:10,880 and it's not the press we want, so you need to respond. 368 00:12:10,880 --> 00:12:12,250 I think that's a mistake. 369 00:12:12,250 --> 00:12:13,830 Didn't you think it was a mistake not to go to the press? 370 00:12:13,830 --> 00:12:15,290 Before she made a move, yes. 371 00:12:15,290 --> 00:12:17,540 But now she's a made a move, a big one -- 372 00:12:17,540 --> 00:12:18,670 outside the lines. 373 00:12:18,670 --> 00:12:20,250 When you go outside the lines, 374 00:12:20,250 --> 00:12:21,830 there can be unintended consequences, 375 00:12:21,830 --> 00:12:24,460 so let's see what they are before we respond. 376 00:12:24,460 --> 00:12:26,500 I didn't ask to see you. 377 00:12:26,500 --> 00:12:27,620 I know. 378 00:12:27,620 --> 00:12:29,620 I just knew you'd want to. 379 00:12:31,880 --> 00:12:34,330 This algorithm Barish wants to use is so far from objective 380 00:12:34,330 --> 00:12:35,670 I can't even find a word to describe it. 381 00:12:35,670 --> 00:12:37,170 Subjective? 382 00:12:37,170 --> 00:12:38,290 It's called EVALUATE? 383 00:12:38,290 --> 00:12:39,670 I evaluated EVALUATE, 384 00:12:39,670 --> 00:12:41,790 and Keenan is now twice as likely to get a max sentence 385 00:12:41,790 --> 00:12:43,710 just because he's black, from Mott Haven, 386 00:12:43,710 --> 00:12:45,620 and dropped out of high school at 15. 387 00:12:45,620 --> 00:12:47,080 I've heard of these programs. 388 00:12:47,080 --> 00:12:48,460 They're intended to remove bias. 389 00:12:48,460 --> 00:12:50,420 The data is biased. 390 00:12:50,420 --> 00:12:53,000 A computer doesn't know that Mott Haven is policed 391 00:12:53,000 --> 00:12:54,830 at a significantly higher rate than Riverdale. 392 00:12:54,830 --> 00:12:56,290 Maybe it does know. 393 00:12:56,290 --> 00:12:58,580 But it can't possibly know why. 394 00:12:58,580 --> 00:13:00,710 This software has no historical context. 395 00:13:00,710 --> 00:13:04,250 It can't account for slavery, Jim Crow, Reaganomics, 396 00:13:04,250 --> 00:13:06,580 the war on drugs, a crumbling education system -- 397 00:13:06,580 --> 00:13:08,330 10 more seconds. What? 398 00:13:08,330 --> 00:13:10,580 10 more seconds of preaching to the choir, 399 00:13:10,580 --> 00:13:12,790 and then you have to decide what to do. 400 00:13:12,790 --> 00:13:14,380 You have to defend Keenan 401 00:13:14,380 --> 00:13:16,290 as vigorously as you can, of course, 402 00:13:16,290 --> 00:13:18,710 but you also have to consider whether Judge Barish 403 00:13:18,710 --> 00:13:21,080 is going to listen to you, whether she's dug in, 404 00:13:21,080 --> 00:13:24,040 whether your digging in is gonna make it worse for Keenan. 405 00:13:24,040 --> 00:13:26,920 You have to be realistic. 406 00:13:26,920 --> 00:13:29,290 [ Telephone rings in distance ] 407 00:13:30,790 --> 00:13:32,420 Keenan didn't finish high school 408 00:13:32,420 --> 00:13:34,460 because his mom's MS went into hyperdrive. 409 00:13:34,460 --> 00:13:35,830 He had to work so his brother 410 00:13:35,830 --> 00:13:37,500 could keep playing travel football. 411 00:13:37,500 --> 00:13:39,880 Keenan thinks his brother can get a college scholarship, 412 00:13:39,880 --> 00:13:42,750 and if he lived one block over, he'd be in a better zip code, 413 00:13:42,750 --> 00:13:45,120 according to that stupid machine. 414 00:13:45,120 --> 00:13:46,460 Then you've decided. 415 00:13:46,460 --> 00:13:47,710 Good. 416 00:13:47,710 --> 00:13:48,920 Fight the machine. 417 00:13:48,920 --> 00:13:54,710 ♪♪ 418 00:13:54,710 --> 00:14:00,580 ♪♪ 419 00:14:04,080 --> 00:14:07,710 [ Footsteps approach ] 420 00:14:07,710 --> 00:14:08,830 Has she called to make a deal? 421 00:14:08,830 --> 00:14:10,420 She will. 422 00:14:10,420 --> 00:14:13,250 Did you know Kate was Secretary General of the U.N.? 423 00:14:13,250 --> 00:14:16,500 Uh, in high school, model U.N., but still... 424 00:14:16,500 --> 00:14:18,420 Uh...what happened at sentencing? 425 00:14:18,420 --> 00:14:21,420 [ Telephone rings ] 426 00:14:21,420 --> 00:14:23,500 Yes. 427 00:14:23,500 --> 00:14:24,830 Okay. 428 00:14:24,830 --> 00:14:26,210 I'll be right there. 429 00:14:26,210 --> 00:14:27,120 Kate? 430 00:14:27,120 --> 00:14:28,710 No. 431 00:14:33,210 --> 00:14:34,880 I saw you on the news. 432 00:14:34,880 --> 00:14:36,580 They let us watch some TV. 433 00:14:36,580 --> 00:14:38,960 I'm trying to put some pressure on the government 434 00:14:38,960 --> 00:14:40,210 to bring them to the table. 435 00:14:40,210 --> 00:14:42,210 And...? 436 00:14:42,210 --> 00:14:44,580 And I haven't heard from them yet. 437 00:14:44,580 --> 00:14:46,460 Good. 438 00:14:46,460 --> 00:14:47,880 I don't want a deal. 439 00:14:47,880 --> 00:14:49,250 What are you talking about, Dani? 440 00:14:49,250 --> 00:14:52,120 You called me a hero. I wasn't trying to be. 441 00:14:52,120 --> 00:14:54,210 I mean, it wasn't like I wanted to get caught, 442 00:14:54,210 --> 00:14:55,250 but I was. 443 00:14:55,250 --> 00:14:57,330 And now I'm hearing from people -- 444 00:14:57,330 --> 00:15:00,620 people who need someone to listen, and... 445 00:15:00,620 --> 00:15:03,380 I want to stand up for them like you stood up for me. 446 00:15:03,380 --> 00:15:05,170 Standing up for people is my job. 447 00:15:05,170 --> 00:15:07,580 It's not your job. 448 00:15:07,580 --> 00:15:08,880 It's who you are. 449 00:15:08,880 --> 00:15:10,290 A job is what I was doing 450 00:15:10,290 --> 00:15:12,210 on the 14th floor of the Vetracom Building, 451 00:15:12,210 --> 00:15:15,120 working for the NSA, but it's not who I am. 452 00:15:15,120 --> 00:15:17,000 It's crazy -- I served in Iraq, 453 00:15:17,000 --> 00:15:19,000 but this feels like the real test for me. 454 00:15:19,000 --> 00:15:20,080 It's time to be brave. 455 00:15:20,080 --> 00:15:21,460 You are brave, 456 00:15:21,460 --> 00:15:22,960 but that doesn't mean staying in jail. 457 00:15:22,960 --> 00:15:25,920 It does mean that if that's what it takes to send a message. 458 00:15:25,920 --> 00:15:27,790 If I take a deal and plead guilty, 459 00:15:27,790 --> 00:15:29,210 what message does that send? 460 00:15:29,210 --> 00:15:30,790 That I didn't believe in what I did? 461 00:15:30,790 --> 00:15:32,210 That I was wrong? 462 00:15:32,210 --> 00:15:35,290 Our government is targeting people who are sick and hurt 463 00:15:35,290 --> 00:15:37,210 and brought to emergency rooms by relatives 464 00:15:37,210 --> 00:15:40,170 who are terrified of going to the hospital, 465 00:15:40,170 --> 00:15:42,290 but they risk it because they're even more terrified 466 00:15:42,290 --> 00:15:43,790 of losing a loved one. 467 00:15:43,790 --> 00:15:45,620 And now -- 468 00:15:45,620 --> 00:15:47,330 They'll lose them anyway. 469 00:15:47,330 --> 00:15:48,960 All my life, I've been around people like this, 470 00:15:48,960 --> 00:15:50,460 who were afraid to stand up 471 00:15:50,460 --> 00:15:52,330 because they felt like they couldn't. 472 00:15:52,330 --> 00:15:54,540 But now I have a choice. 473 00:15:54,540 --> 00:15:56,380 You showed me that. 474 00:15:56,380 --> 00:15:58,710 I can sit at the table and negotiate away my soul, 475 00:15:58,710 --> 00:16:01,290 or I can stand up... 476 00:16:01,290 --> 00:16:02,830 like you. 477 00:16:02,830 --> 00:16:04,830 I don't want to take a deal. 478 00:16:04,830 --> 00:16:06,750 You know what that means? 479 00:16:06,750 --> 00:16:08,880 It means I can make a difference. 480 00:16:08,880 --> 00:16:10,500 ♪♪ 481 00:16:14,960 --> 00:16:15,920 She doesn't want a deal. Because? 482 00:16:15,920 --> 00:16:17,040 Because of me, my press conference. 483 00:16:17,040 --> 00:16:18,880 So try again. It's not gonna happen. 484 00:16:18,880 --> 00:16:21,380 Dani doesn't want a deal because there isn't a deal. 485 00:16:21,380 --> 00:16:24,500 It's always easier to say "no" to something in the abstract. 486 00:16:24,500 --> 00:16:26,670 People say, "I don't want to get married." 487 00:16:26,670 --> 00:16:28,250 Then some handsome man stands there, 488 00:16:28,250 --> 00:16:29,580 telling you he loves you, 489 00:16:29,580 --> 00:16:30,920 and before you know it, you're married. 490 00:16:30,920 --> 00:16:32,040 I don't want to get married. 491 00:16:32,040 --> 00:16:33,380 I really wouldn't recommend it. 492 00:16:33,380 --> 00:16:36,080 Talk to Kate, see what she's offering. 493 00:16:36,080 --> 00:16:39,210 Looking at 15 years in prison versus a deal in hand, 494 00:16:39,210 --> 00:16:41,500 you'd be surprised how quickly minds change. 495 00:16:41,500 --> 00:16:43,120 [ Indistinct chatter ] 496 00:16:48,000 --> 00:16:49,580 [ Telephone rings in distance ] 497 00:16:51,920 --> 00:16:54,960 [ Gasps ] That's a Classic Italian from Zeno's. 498 00:16:54,960 --> 00:16:56,830 With extra peperoncinis. 499 00:16:56,830 --> 00:17:00,460 The greatest sandwich in the world. 500 00:17:00,460 --> 00:17:02,540 I'm gonna eat this until you to tell me to stop. 501 00:17:02,540 --> 00:17:04,210 Okay, what's up? 502 00:17:04,210 --> 00:17:06,210 Judge Barish is using a sentencing algorithm 503 00:17:06,210 --> 00:17:08,120 that was basically built to screw my client 504 00:17:08,120 --> 00:17:09,460 and everyone who looks like him, 505 00:17:09,460 --> 00:17:11,500 and I'm pretty sure I need the help of an expert 506 00:17:11,500 --> 00:17:12,790 to discredit it -- 507 00:17:12,790 --> 00:17:15,960 namely, a mathematician. 508 00:17:15,960 --> 00:17:17,830 Okay. 509 00:17:17,830 --> 00:17:19,830 Okay. So...you go. 510 00:17:19,830 --> 00:17:21,500 Be nice. 511 00:17:21,500 --> 00:17:22,670 Your brother will be flattered. 512 00:17:22,670 --> 00:17:24,380 [ Chuckles ] You don't know Eddie. 513 00:17:24,380 --> 00:17:26,040 Not as much as I'd like to. 514 00:17:26,040 --> 00:17:27,080 I'm the odd one out in this family. 515 00:17:27,080 --> 00:17:28,460 You know that. 516 00:17:28,460 --> 00:17:31,120 They're all science and data "great minds," 517 00:17:31,120 --> 00:17:33,790 and I'm an idealistic public defender. 518 00:17:33,790 --> 00:17:35,460 It's squishy to them. 519 00:17:35,460 --> 00:17:36,750 I might as well be in a mime troupe. 520 00:17:36,750 --> 00:17:38,420 [ Laughs ] They don't get me. 521 00:17:38,420 --> 00:17:41,120 You probably don't get them. 522 00:17:41,120 --> 00:17:42,080 Whose side are you on? 523 00:17:45,290 --> 00:17:47,420 Oh, my God, this sandwich is so good. 524 00:17:47,420 --> 00:17:50,290 I'm sorry. [ Chuckles ] 525 00:17:50,290 --> 00:17:52,540 You have a client who needs you. 526 00:17:52,540 --> 00:17:54,670 You share blood with someone who can help. 527 00:17:54,670 --> 00:17:56,040 Do what you have to do. 528 00:17:56,040 --> 00:17:57,500 [ Sighs ] 529 00:17:57,500 --> 00:17:59,000 Give me that. 530 00:18:01,500 --> 00:18:03,580 I'm saying, a ship that size dead in the water, 531 00:18:03,580 --> 00:18:05,620 we'd have to mobilize a lot of tugboats to haul it in. 532 00:18:05,620 --> 00:18:07,380 McKenna sees that, he might freak out and take hostages. 533 00:18:07,380 --> 00:18:09,080 We don't need to do this on the water. 534 00:18:09,080 --> 00:18:10,540 If the captain makes a routine announcement, 535 00:18:10,540 --> 00:18:11,750 like "help is on the way," 536 00:18:11,750 --> 00:18:13,710 you can send in tugboats without raising suspicion 537 00:18:13,710 --> 00:18:16,080 and tow the ship to Manhattan, which we can all agree 538 00:18:16,080 --> 00:18:17,380 is closer to where the boat is than Brooklyn. 539 00:18:17,380 --> 00:18:19,290 It's not gonna happen. What's not gonna happen? 540 00:18:19,290 --> 00:18:21,250 A storm's coming in, a big one. 541 00:18:21,250 --> 00:18:22,330 I'm not putting a bunch of little boats 542 00:18:22,330 --> 00:18:24,500 on the water in a storm. He's right. 543 00:18:24,500 --> 00:18:26,290 Let the storm pass and tow it somewhere then. 544 00:18:26,290 --> 00:18:29,080 Manhattan. Has to be here. 545 00:18:29,080 --> 00:18:32,620 [ Indistinct conversations ] 546 00:18:32,620 --> 00:18:33,580 Excuse me. 547 00:18:35,620 --> 00:18:37,290 You'd have done the same thing. Never. 548 00:18:37,290 --> 00:18:39,040 And now you can send all of these people home 549 00:18:39,040 --> 00:18:40,920 because I'm gonna get my boss to call your boss 550 00:18:40,920 --> 00:18:42,710 and put a stop to this. 551 00:18:42,710 --> 00:18:45,330 And when he asks how I knew Bart McKenna was on that ship? 552 00:18:45,330 --> 00:18:47,330 Meanwhile, I go to my boss, who calls his boss, 553 00:18:47,330 --> 00:18:48,540 and on up it goes until it's settled 554 00:18:48,540 --> 00:18:50,040 by whichever guy owes some other guy dinner, 555 00:18:50,040 --> 00:18:51,290 and everyone up the chain thinks we're idiots 556 00:18:51,290 --> 00:18:52,620 for not figuring this out on our own. 557 00:18:52,620 --> 00:18:53,960 There's one crucial part of this you're not getting. 558 00:18:53,960 --> 00:18:55,920 This is my case. Was. 559 00:18:55,920 --> 00:18:56,750 Now it's nobody's. 560 00:18:56,750 --> 00:18:58,330 I snaked you. I did. 561 00:18:58,330 --> 00:19:00,170 So as an act of kindness, 562 00:19:00,170 --> 00:19:01,500 I'm gonna leave this up to the weather. 563 00:19:01,500 --> 00:19:02,750 The weather? Storm. 564 00:19:02,750 --> 00:19:04,120 Ship will blow one way or the other. 565 00:19:04,120 --> 00:19:06,040 Whichever side it's closest to, they get the case. 566 00:19:06,040 --> 00:19:07,710 That's stupid. It's fair. 567 00:19:07,710 --> 00:19:09,000 I don't trust you. I don't trust you. 568 00:19:09,000 --> 00:19:10,790 Deal? 569 00:19:10,790 --> 00:19:13,290 You're the worst. 570 00:19:13,290 --> 00:19:15,170 I would have done the same thing. 571 00:19:15,170 --> 00:19:17,500 But you're coming to my place in Red Hook tonight 572 00:19:17,500 --> 00:19:20,040 and making this up to me in the filthiest way possible. 573 00:19:20,040 --> 00:19:23,880 ♪♪ 574 00:19:25,670 --> 00:19:26,790 [ Knocks on door ] 575 00:19:30,290 --> 00:19:31,380 [ Door closes ] 576 00:19:31,380 --> 00:19:32,580 Sister. 577 00:19:32,580 --> 00:19:34,500 Brother. 578 00:19:34,500 --> 00:19:37,500 Anywhere you like. 579 00:19:37,500 --> 00:19:38,790 First time you've been to my office. 580 00:19:38,790 --> 00:19:39,960 It's nice. 581 00:19:39,960 --> 00:19:41,000 I'm not in the basement anymore. 582 00:19:41,000 --> 00:19:43,330 That's good. 583 00:19:43,330 --> 00:19:45,000 How's work? 584 00:19:45,000 --> 00:19:46,750 That's kind of why I'm here. 585 00:19:46,750 --> 00:19:48,290 I need your help. 586 00:19:48,290 --> 00:19:51,420 Have you heard of the sentencing software EVALUATE? 587 00:19:51,420 --> 00:19:52,830 It's amazing. 588 00:19:52,830 --> 00:19:54,250 Amazing? 589 00:19:54,250 --> 00:19:56,330 "Groundbreaking" and "revolutionary" also apply. 590 00:19:56,330 --> 00:19:57,580 The algorithm is biased. 591 00:19:57,580 --> 00:19:59,170 An algorithm isn't biased. 592 00:19:59,170 --> 00:20:01,580 That's definitively the point, why it's a good thing. 593 00:20:01,580 --> 00:20:04,420 It sentences blacks and Latinos disproportionately to whites 594 00:20:04,420 --> 00:20:05,290 for the same crimes. 595 00:20:05,290 --> 00:20:07,040 So do judges, right? 596 00:20:07,040 --> 00:20:08,620 This algorithm is an improvement. 597 00:20:08,620 --> 00:20:10,460 It's a check on an already-flawed system. 598 00:20:10,460 --> 00:20:12,620 My client's looking at more time than he should 599 00:20:12,620 --> 00:20:14,170 because of this software. 600 00:20:14,170 --> 00:20:15,960 More time than you think he should. 601 00:20:15,960 --> 00:20:17,830 You see? There. That's bias. 602 00:20:17,830 --> 00:20:19,380 I didn't come here to debate this with you. 603 00:20:19,380 --> 00:20:21,330 Then why did you come here... for the first time ever? 604 00:20:21,330 --> 00:20:22,620 To ask a favor. 605 00:20:22,620 --> 00:20:24,830 I need you to look at that software, 606 00:20:24,830 --> 00:20:27,540 look at the coding, tell me how it works. 607 00:20:27,540 --> 00:20:28,880 [ Chuckles softly ] So you can discredit it? 608 00:20:28,880 --> 00:20:30,920 So I can do what's right by my client. 609 00:20:33,290 --> 00:20:35,750 Interesting tact when asking a favor, 610 00:20:35,750 --> 00:20:37,500 to insult what I do? 611 00:20:37,500 --> 00:20:39,670 But that's what you do, whatever you want -- 612 00:20:39,670 --> 00:20:42,500 answer to no one, and everyone is at your service, 613 00:20:42,500 --> 00:20:44,250 except I'm not Mom and Dad. I don't think you understand 614 00:20:44,250 --> 00:20:45,670 my relationship with Mom and Dad. 615 00:20:45,670 --> 00:20:47,420 I understand they let you live in their gorgeous apartment. 616 00:20:47,420 --> 00:20:48,500 I live in Washington Heights. 617 00:20:48,500 --> 00:20:49,670 You said you wanted to be close to work. 618 00:20:49,670 --> 00:20:50,620 They never asked if I wanted it. 619 00:20:50,620 --> 00:20:52,000 They gave it to me out of pity 620 00:20:52,000 --> 00:20:53,960 because they think that I can't take care of myself. 621 00:20:53,960 --> 00:20:55,500 [ Scoffs ] 622 00:20:55,500 --> 00:20:57,330 I'm not surprised you believe that. 623 00:20:57,330 --> 00:20:59,210 I have to go. 624 00:21:05,120 --> 00:21:06,290 You've never been to my office. 625 00:21:06,290 --> 00:21:07,500 What? 626 00:21:07,500 --> 00:21:10,040 Your snarky comment about me not visiting you? 627 00:21:10,040 --> 00:21:12,040 But you've never been to my office either. 628 00:21:12,040 --> 00:21:14,290 That's fair. 629 00:21:14,290 --> 00:21:15,710 You want to know what that algorithm can't do? 630 00:21:15,710 --> 00:21:16,920 Feel. 631 00:21:16,920 --> 00:21:18,620 Understand nuance. 632 00:21:18,620 --> 00:21:20,290 Empathize. 633 00:21:20,290 --> 00:21:22,710 No wonder you respect it so much. 634 00:21:22,710 --> 00:21:29,120 ♪♪ 635 00:21:29,120 --> 00:21:31,710 [ Footsteps approach ] 636 00:21:36,580 --> 00:21:37,880 Ms. Bell. 637 00:21:37,880 --> 00:21:40,920 Please, call me Sandra. 638 00:21:40,920 --> 00:21:42,210 Let's get started. 639 00:21:42,210 --> 00:21:44,540 There are two counts against Ms. Rios 640 00:21:44,540 --> 00:21:46,080 under the Espionage Act, 641 00:21:46,080 --> 00:21:49,000 each of which carries a maximum penalty of 15 years. 642 00:21:49,000 --> 00:21:50,960 If Ms. Rios pleads to one count, 643 00:21:50,960 --> 00:21:53,000 we will recommend 78 to 97 months, 644 00:21:53,000 --> 00:21:54,710 taking into consideration 645 00:21:54,710 --> 00:21:57,420 the severity of the leak and prior criminal history. 646 00:21:57,420 --> 00:21:59,000 She has no prior criminal history. 647 00:21:59,000 --> 00:22:02,000 She has a juvenile adjudication for disorderly conduct. 648 00:22:02,000 --> 00:22:03,540 When she was a juvenile. 649 00:22:03,540 --> 00:22:06,080 Juvenile adjudications can be applied in sentencing, Ms. Bell. 650 00:22:06,080 --> 00:22:07,170 Don't lecture me about sentencing, 651 00:22:07,170 --> 00:22:08,210 and my name is Sandra. 652 00:22:08,210 --> 00:22:10,540 If you call me Ms. Bell again, I'm leaving. 653 00:22:10,540 --> 00:22:12,540 The offer is 78 to 97 months. 654 00:22:12,540 --> 00:22:13,670 That's too high. 655 00:22:13,670 --> 00:22:14,790 This isn't a negotiation. 656 00:22:14,790 --> 00:22:16,710 Then what is it? 657 00:22:16,710 --> 00:22:19,540 63 months. 658 00:22:19,540 --> 00:22:22,790 [ Chuckles ] 659 00:22:22,790 --> 00:22:25,000 Why don't you tell me what you have the authority to go to? 660 00:22:27,420 --> 00:22:29,580 Oh. 661 00:22:29,580 --> 00:22:32,330 Oh, I see. You don't have any authority. 662 00:22:32,330 --> 00:22:34,080 You came here to see what you could get 663 00:22:34,080 --> 00:22:35,420 and then try to sell it to your client. 664 00:22:35,420 --> 00:22:36,290 Is that it? 665 00:22:36,290 --> 00:22:38,420 63 months is not good enough. 666 00:22:38,420 --> 00:22:40,210 There is no offer of 63 months. 667 00:22:40,210 --> 00:22:41,500 You're withdrawing your offer? 668 00:22:41,500 --> 00:22:44,170 If you can't accept, I can't offer. 669 00:22:44,170 --> 00:22:45,330 Why doesn't she want a deal? 670 00:22:45,330 --> 00:22:47,620 Because she wants to take the stand 671 00:22:47,620 --> 00:22:49,750 so she can tell the world how evil the government is. 672 00:22:49,750 --> 00:22:50,880 Dani loves her country. 673 00:22:50,880 --> 00:22:52,080 Odd way of showing it. 674 00:22:52,080 --> 00:22:53,710 I'm sorry, how long did you serve in the military? 675 00:22:53,710 --> 00:22:55,250 Same amount of time you did. 676 00:22:55,250 --> 00:22:58,120 Why don't you be reasonable here? 677 00:22:58,120 --> 00:22:59,790 Why don't I be reasonable? 678 00:22:59,790 --> 00:23:02,380 Your client decides one day, "You know what? 679 00:23:02,380 --> 00:23:04,250 I'm gonna decide public policy 680 00:23:04,250 --> 00:23:05,790 for the United States government -- 681 00:23:05,790 --> 00:23:07,330 me, by myself. 682 00:23:07,330 --> 00:23:09,040 Forget the laws passed 683 00:23:09,040 --> 00:23:11,000 by the elected representatives of the people, 684 00:23:11,000 --> 00:23:12,830 the deliberations of the professionals 685 00:23:12,830 --> 00:23:15,420 charged with protecting our national security 686 00:23:15,420 --> 00:23:17,420 and enforcing our immigration laws. 687 00:23:17,420 --> 00:23:20,960 I, Dani Rios, have decided I know better than all that. 688 00:23:20,960 --> 00:23:22,880 I'm gonna do what I want. 689 00:23:22,880 --> 00:23:25,380 And my lawyer is gonna do what she wants 690 00:23:25,380 --> 00:23:27,710 and enter a plea negotiation in total bad faith 691 00:23:27,710 --> 00:23:30,750 because we do what we want. 692 00:23:30,750 --> 00:23:32,710 Because everything works out in the end, 693 00:23:32,710 --> 00:23:34,750 as long as I'm reasonable." 694 00:23:34,750 --> 00:23:37,290 Is this what you wanted to be... 695 00:23:37,290 --> 00:23:39,330 when you were growing up, really? 696 00:23:39,330 --> 00:23:41,170 I genuinely do not understand it. 697 00:23:41,170 --> 00:23:42,330 You're a glorified hall monitor 698 00:23:42,330 --> 00:23:43,920 walking around with your clipboard, 699 00:23:43,920 --> 00:23:47,120 taking names, checking lockers, wrapping knuckles. 700 00:23:47,120 --> 00:23:50,170 Don't you care about what was in those documents Dani leaked, 701 00:23:50,170 --> 00:23:51,670 what they mean, 702 00:23:51,670 --> 00:23:53,290 that our government is accessing 703 00:23:53,290 --> 00:23:56,580 confidential medical information to deport people? 704 00:23:56,580 --> 00:23:59,120 Why are the rules more important 705 00:23:59,120 --> 00:24:04,170 than the people they are designed to protect? 706 00:24:04,170 --> 00:24:06,080 I think we're done here... 707 00:24:06,080 --> 00:24:07,210 Ms. Bell. 708 00:24:14,960 --> 00:24:17,120 [ Door opens, closes ] 709 00:24:20,790 --> 00:24:22,120 ♪♪ 710 00:24:22,120 --> 00:24:23,580 [ Sighs deeply ] 711 00:24:23,580 --> 00:24:29,330 ♪♪ 712 00:24:29,330 --> 00:24:35,080 ♪♪ 713 00:24:35,080 --> 00:24:38,290 Jill: Come in, Sandra. 714 00:24:38,290 --> 00:24:41,210 Secretary: You can go in, Ms. Littlejohn. 715 00:24:46,960 --> 00:24:48,040 I understand if you're upset -- 716 00:24:48,040 --> 00:24:49,620 I'm not upset. 717 00:24:49,620 --> 00:24:50,960 I'm disappointed. 718 00:24:50,960 --> 00:24:52,670 I picked you for this case because I thought 719 00:24:52,670 --> 00:24:54,670 you would identify with Dani -- 720 00:24:54,670 --> 00:24:56,670 identify with her, not be her. 721 00:24:56,670 --> 00:24:57,830 Dani isn't the problem. 722 00:24:57,830 --> 00:24:59,250 You let this woman get inside your head, 723 00:24:59,250 --> 00:25:00,710 and then you went into that meeting 724 00:25:00,710 --> 00:25:03,290 without the tools you needed to get the job done. 725 00:25:03,290 --> 00:25:05,330 Dani is too young and naive 726 00:25:05,330 --> 00:25:06,880 to understand what's at stake here, 727 00:25:06,880 --> 00:25:07,790 but you're not. 728 00:25:07,790 --> 00:25:09,330 Kate Littlejohn is unreasonable. 729 00:25:09,330 --> 00:25:10,380 She's a prosecutor. 730 00:25:10,380 --> 00:25:11,380 I think it's more than that. 731 00:25:11,380 --> 00:25:15,330 Don't let it be more than that. 732 00:25:15,330 --> 00:25:16,750 I understand if you're upset. 733 00:25:16,750 --> 00:25:17,580 I'm very upset. 734 00:25:17,580 --> 00:25:18,620 We're going to trial. 735 00:25:18,620 --> 00:25:20,080 Oh, no, you're not. 736 00:25:20,080 --> 00:25:21,170 She rejected the deal. 737 00:25:21,170 --> 00:25:22,750 Well, try again. 738 00:25:22,750 --> 00:25:24,380 Sandra Bell is unreasonable. 739 00:25:24,380 --> 00:25:25,500 She's a public defender. 740 00:25:25,500 --> 00:25:28,040 She's an unreasonable public defender. 741 00:25:28,040 --> 00:25:29,460 Now you're just getting redundant. 742 00:25:29,460 --> 00:25:30,500 This isn't about her. 743 00:25:30,500 --> 00:25:31,830 It's about what's good for your client, 744 00:25:31,830 --> 00:25:33,500 and your client is the United States, 745 00:25:33,500 --> 00:25:39,920 and a trial is not good for the United States. 746 00:25:39,920 --> 00:25:43,120 I picked you for this case because you are stone cold. 747 00:25:43,120 --> 00:25:45,000 I do have feelings. 748 00:25:46,880 --> 00:25:47,830 They're in the way. 749 00:25:50,250 --> 00:25:51,620 Newscaster: Jim, while the residents of New York's 750 00:25:51,620 --> 00:25:53,250 five boroughs still need to prepare themselves 751 00:25:53,250 --> 00:25:55,120 for the brunt of the storm, 752 00:25:55,120 --> 00:25:57,500 we now see indications that it might veer to the south. 753 00:25:57,500 --> 00:25:59,880 No, no! Not south! 754 00:25:59,880 --> 00:26:01,710 North! Go north! Hey. 755 00:26:01,710 --> 00:26:02,880 What's going on in here? 756 00:26:02,880 --> 00:26:04,880 Storm's getting bigger. That's not good. 757 00:26:04,880 --> 00:26:06,670 Not if it blows that boat to Brooklyn, it's not. 758 00:26:06,670 --> 00:26:10,330 Plus the possible loss of life and property, but okay. 759 00:26:10,330 --> 00:26:11,420 You know why I became a prosecutor? 760 00:26:11,420 --> 00:26:13,540 So you could steal cases from other prosecutors? 761 00:26:13,540 --> 00:26:15,000 'Cause we hold all the cards. Mm. 762 00:26:15,000 --> 00:26:16,580 We choose when to charge, if to charge, 763 00:26:16,580 --> 00:26:18,120 how much to charge, what evidence to use. 764 00:26:18,120 --> 00:26:20,330 We're in control. 765 00:26:20,330 --> 00:26:21,670 Today my whole job depends 766 00:26:21,670 --> 00:26:23,620 on something as random as the weather. 767 00:26:23,620 --> 00:26:25,120 Oh, yeah, but fortunately for you, 768 00:26:25,120 --> 00:26:26,670 it's not 1875. 769 00:26:26,670 --> 00:26:28,710 What? 770 00:26:28,710 --> 00:26:29,960 For most of human existence, 771 00:26:29,960 --> 00:26:31,920 we didn't imagine weather could be predicted 772 00:26:31,920 --> 00:26:34,460 or even should be because that was God's area. 773 00:26:34,460 --> 00:26:38,460 But with the rise of technology in the late 19th... 774 00:26:38,460 --> 00:26:40,000 As a teenager, 775 00:26:40,000 --> 00:26:43,080 I was a bit of an amateur meteorologist. 776 00:26:43,080 --> 00:26:44,420 You were into magic, too, I bet. 777 00:26:44,420 --> 00:26:46,420 Nah. 778 00:26:46,420 --> 00:26:47,880 I may have done a mentalist act. 779 00:26:47,880 --> 00:26:49,920 Anyway, point is, by the turn of the century, 780 00:26:49,920 --> 00:26:51,330 the more information we had, 781 00:26:51,330 --> 00:26:52,460 the less that chance played a role 782 00:26:52,460 --> 00:26:54,790 in predicting the weather. 783 00:26:54,790 --> 00:26:58,250 Sit, predict. 784 00:26:58,250 --> 00:27:00,540 Well, first, you need to understand the Coriolis effect. 785 00:27:00,540 --> 00:27:03,330 No, I mean tell me where my ship is gonna land. 786 00:27:03,330 --> 00:27:06,500 ♪♪ 787 00:27:06,500 --> 00:27:08,210 Oh, I don't know why I'm so upset. 788 00:27:08,210 --> 00:27:09,670 Jill's right. He's so wrong. 789 00:27:09,670 --> 00:27:11,170 I'm being emotional. 790 00:27:11,170 --> 00:27:12,620 How can he have no emotions? 791 00:27:12,620 --> 00:27:14,420 But I've got this idealistic girl in front of me. 792 00:27:14,420 --> 00:27:16,000 He's like talking to a robot. 793 00:27:16,000 --> 00:27:17,540 I do need to be the adult. 794 00:27:17,540 --> 00:27:19,330 All he cares about are facts and data. 795 00:27:19,330 --> 00:27:21,170 No one's interested in context. 796 00:27:21,170 --> 00:27:22,790 Dani can't see what's right for her. 797 00:27:22,790 --> 00:27:25,620 Soon we're all going to be reduced to data points, numbers. 798 00:27:25,620 --> 00:27:29,250 ♪♪ 799 00:27:29,250 --> 00:27:30,960 Oh, my God. 800 00:27:30,960 --> 00:27:32,830 Thank you. 801 00:27:32,830 --> 00:27:35,210 [ Footsteps depart ] 802 00:27:35,210 --> 00:27:36,620 [ Buzzer blares ] 803 00:27:36,620 --> 00:27:38,380 [ Door opens ] 804 00:27:38,380 --> 00:27:40,170 I literally had to wade through a crowd 805 00:27:40,170 --> 00:27:41,880 of your supporters to get in here. 806 00:27:41,880 --> 00:27:42,580 [ Door closes ] 807 00:27:42,580 --> 00:27:43,880 You did? 808 00:27:43,880 --> 00:27:46,880 At least 300 people. 809 00:27:46,880 --> 00:27:50,290 [ Sighs ] This is all so strange. 810 00:27:50,290 --> 00:27:52,960 Tomorrow, there will be more people, 811 00:27:52,960 --> 00:27:55,330 even more when the trial starts. 812 00:27:55,330 --> 00:27:58,920 The reading of the verdict will be an absolute spectacle. 813 00:27:58,920 --> 00:28:01,580 And if you're convicted, 814 00:28:01,580 --> 00:28:03,790 your supporters will be outraged. 815 00:28:03,790 --> 00:28:06,540 They'll march to stop the lying and spying you exposed. 816 00:28:06,540 --> 00:28:09,500 They'll organize to stop these deportations. 817 00:28:09,500 --> 00:28:11,620 They'll get brave, just like you. 818 00:28:11,620 --> 00:28:13,710 They'll stand up. 819 00:28:13,710 --> 00:28:15,620 But you -- 820 00:28:15,620 --> 00:28:18,040 You won't get to be a part of it, 821 00:28:18,040 --> 00:28:20,000 this community you helped to create, 822 00:28:20,000 --> 00:28:21,620 because you will be here, 823 00:28:21,620 --> 00:28:23,880 just another number in the federal prison system. 824 00:28:23,880 --> 00:28:26,540 45278-054. 825 00:28:26,540 --> 00:28:27,580 That will be you. 826 00:28:27,580 --> 00:28:32,540 ♪♪ 827 00:28:32,540 --> 00:28:35,330 I want to make a difference. 828 00:28:35,330 --> 00:28:38,040 Then let me get you out of here. 829 00:28:38,040 --> 00:28:40,080 Let me go to the table. 830 00:28:40,080 --> 00:28:41,710 Let me do the job I was meant to do 831 00:28:41,710 --> 00:28:45,080 so you can do what you were meant to do. 832 00:28:45,080 --> 00:28:47,080 Stand up and fight. 833 00:28:55,620 --> 00:28:58,670 I know you like to eat at 12:30 on the dot, 834 00:28:58,670 --> 00:29:02,380 [Singsong voice] so I brought you something. 835 00:29:02,380 --> 00:29:03,960 [ Normal voice ] Classic Italian from Zeno's. 836 00:29:03,960 --> 00:29:05,120 You don't like peperoncinis, 837 00:29:05,120 --> 00:29:07,290 but you prefer to pull them off yourself. 838 00:29:07,290 --> 00:29:09,000 You introduced me to this place. 839 00:29:09,000 --> 00:29:11,380 I've had this sandwich a thousand times, 840 00:29:11,380 --> 00:29:14,540 and there's always exactly 24 peperoncinis inside. 841 00:29:14,540 --> 00:29:16,380 You don't want to know the odds on that. 842 00:29:16,380 --> 00:29:19,750 I don't. 843 00:29:19,750 --> 00:29:24,120 I'm grateful for the sandwich, but I'm not helping you. 844 00:29:24,120 --> 00:29:26,290 I'm sorry about what I said before. 845 00:29:26,290 --> 00:29:28,880 I'm sorry about how you feel about Mom and Dad 846 00:29:28,880 --> 00:29:30,250 and about me growing up. 847 00:29:30,250 --> 00:29:32,290 It's just crazy because I always looked up to you. 848 00:29:32,290 --> 00:29:34,120 I was jealous that 849 00:29:34,120 --> 00:29:36,670 you wanted to follow in their footsteps. 850 00:29:36,670 --> 00:29:38,670 I was jealous of how much they seemed to love it. 851 00:29:38,670 --> 00:29:40,080 I felt like they didn't care as much 852 00:29:40,080 --> 00:29:41,330 about the things I was into. 853 00:29:41,330 --> 00:29:42,790 I felt like I never had a choice. 854 00:29:42,790 --> 00:29:44,580 Huh? 855 00:29:44,580 --> 00:29:47,040 Look, I'm the oldest. 856 00:29:47,040 --> 00:29:49,420 They were into math and science, so I wanted to be. 857 00:29:49,420 --> 00:29:50,880 I didn't have anything to rebel against. 858 00:29:50,880 --> 00:29:53,120 It was me and them. 859 00:29:53,120 --> 00:29:55,210 You felt like they didn't understand you. 860 00:29:55,210 --> 00:29:57,330 I felt like they let you be you. 861 00:29:57,330 --> 00:29:58,750 Free. 862 00:29:58,750 --> 00:30:00,250 They're controlling. 863 00:30:00,250 --> 00:30:01,420 You never saw that. 864 00:30:01,420 --> 00:30:03,080 You think living in that apartment 865 00:30:03,080 --> 00:30:04,670 doesn't come with strings? 866 00:30:04,670 --> 00:30:06,420 You don't think it gets thrown in my face 867 00:30:06,420 --> 00:30:09,750 anytime I don't call for a week or blow off dinner with them? 868 00:30:09,750 --> 00:30:11,540 [ Sighs ] 869 00:30:11,540 --> 00:30:13,120 This kid, Keenan, 870 00:30:13,120 --> 00:30:16,170 is about to get lost in the federal prison system. 871 00:30:16,170 --> 00:30:18,380 Every extra day he spends in there 872 00:30:18,380 --> 00:30:21,750 is one less day he gets to spend with the brother he adores. 873 00:30:21,750 --> 00:30:23,420 It's 12:30. 874 00:30:23,420 --> 00:30:26,790 You got to eat. 875 00:30:26,790 --> 00:30:29,830 Two people can see the same factual events differently. 876 00:30:29,830 --> 00:30:31,460 You and I are an example of that. 877 00:30:31,460 --> 00:30:33,880 It's why humans are imperfect machines. 878 00:30:33,880 --> 00:30:36,250 That's why we need these algorithms. 879 00:30:36,250 --> 00:30:38,620 You're trying to fight the algorithm. 880 00:30:38,620 --> 00:30:40,290 You want to discredit the data -- 881 00:30:40,290 --> 00:30:41,620 That's the wrong approach. 882 00:30:41,620 --> 00:30:42,710 Okay. 883 00:30:42,710 --> 00:30:44,170 Use the data. 884 00:30:44,170 --> 00:30:45,710 Play the human, 885 00:30:45,710 --> 00:30:47,960 the judge. 886 00:30:47,960 --> 00:30:49,920 Machines don't have ego. 887 00:30:49,920 --> 00:30:51,290 People do. 888 00:30:51,290 --> 00:30:56,380 ♪♪ 889 00:30:56,380 --> 00:30:59,000 How are things with the AUSA who shall not be named? 890 00:30:59,000 --> 00:31:00,830 [ Chuckles ] Off to see her now. 891 00:31:00,830 --> 00:31:02,330 Ugh. I'm sorry. 892 00:31:02,330 --> 00:31:04,330 But that also means you convinced Dani 893 00:31:04,330 --> 00:31:05,790 to let you negotiate a deal for her. 894 00:31:05,790 --> 00:31:06,960 I know. Small victories. 895 00:31:06,960 --> 00:31:08,580 Big victories. Congratulations. 896 00:31:08,580 --> 00:31:10,460 Well, at the very least, I'm not gonna fill up our office 897 00:31:10,460 --> 00:31:12,420 with hundreds of boxes of discovery. 898 00:31:12,420 --> 00:31:14,880 Hundreds of boxes of discovery? 899 00:31:14,880 --> 00:31:15,960 The government would never produce documents 900 00:31:15,960 --> 00:31:18,000 in a case like this. 901 00:31:18,000 --> 00:31:23,040 ♪♪ 902 00:31:29,250 --> 00:31:32,750 [ Telephone ringing ] 903 00:31:32,750 --> 00:31:33,670 Kate: You're late. 904 00:31:33,670 --> 00:31:34,540 I'm not late. 905 00:31:34,540 --> 00:31:36,120 I'm pretty good with time. 906 00:31:36,120 --> 00:31:37,500 I'm not late because I'm not coming, 907 00:31:37,500 --> 00:31:38,620 but I'll be in court in an hour. 908 00:31:38,620 --> 00:31:39,620 You should be there, too. 909 00:31:39,620 --> 00:31:42,120 [ Receiver slams ] 910 00:31:42,120 --> 00:31:44,920 [ Receiver clacks ] 911 00:31:44,920 --> 00:31:46,790 As you're aware, the statute under which 912 00:31:46,790 --> 00:31:50,380 Ms. Rios is being charged, 18 USC 793d, 913 00:31:50,380 --> 00:31:52,710 requires that the government prove Ms. Rios' leak 914 00:31:52,710 --> 00:31:54,250 caused injury to the United States 915 00:31:54,250 --> 00:31:56,250 or advantage to a foreign government. 916 00:31:56,250 --> 00:31:57,580 As long as the government refuses 917 00:31:57,580 --> 00:31:59,000 to even acknowledge the existence 918 00:31:59,000 --> 00:32:00,920 of the surveillance program Ms. Rios leaked, 919 00:32:00,920 --> 00:32:02,960 it is impossible to determine whether it could cause 920 00:32:02,960 --> 00:32:06,170 injury or advantage. 921 00:32:06,170 --> 00:32:07,710 What exactly are you saying? 922 00:32:07,710 --> 00:32:09,710 I'm saying that, in order to prepare our defense, 923 00:32:09,710 --> 00:32:11,830 we need the government to produce all the documents 924 00:32:11,830 --> 00:32:13,420 related to this surveillance program. 925 00:32:13,420 --> 00:32:15,880 Those are highly-classified documents, Your Honor. 926 00:32:15,880 --> 00:32:18,210 That are essential to our defense. 927 00:32:18,210 --> 00:32:20,210 This is an unusual request. 928 00:32:20,210 --> 00:32:21,460 We're in an unusual situation. 929 00:32:21,460 --> 00:32:23,540 Your Honor, if you grant this request, 930 00:32:23,540 --> 00:32:25,420 the government will be forced to choose 931 00:32:25,420 --> 00:32:27,460 between revealing classified information 932 00:32:27,460 --> 00:32:29,920 and continuing with this prosecution. 933 00:32:29,920 --> 00:32:33,710 I understand the government's predicament. 934 00:32:33,710 --> 00:32:35,920 But the basis for this request is valid, 935 00:32:35,920 --> 00:32:37,170 and I'll grant it. 936 00:32:39,540 --> 00:32:41,250 As the production of these documents is 937 00:32:41,250 --> 00:32:43,380 obviously problematic for the government, I assume -- 938 00:32:43,380 --> 00:32:44,790 We'll produce the documents. 939 00:32:44,790 --> 00:32:45,830 What? 940 00:32:45,830 --> 00:32:47,040 Ms. Littlejohn... 941 00:32:47,040 --> 00:32:48,830 We'll produce the documents. 942 00:32:48,830 --> 00:32:50,670 Do you need to check with your supervisor, Ms. Littlejohn? 943 00:32:50,670 --> 00:32:52,420 No. You sure? 944 00:32:52,420 --> 00:32:54,540 Yes, however, the documents will need 945 00:32:54,540 --> 00:32:56,920 to undergo a full national-security review 946 00:32:56,920 --> 00:32:59,290 and then be redacted prior to production. 947 00:32:59,290 --> 00:33:01,670 Based on the volume and sensitivity of this material, 948 00:33:01,670 --> 00:33:04,380 I'd estimate a delay of at least 18 months, 949 00:33:04,380 --> 00:33:06,460 during which time, the government would 950 00:33:06,460 --> 00:33:09,120 strongly advocate for Ms. Rios' continued detention. 951 00:33:09,120 --> 00:33:12,750 Your Honor -- I'd like to see the two of you in my chambers now. 952 00:33:12,750 --> 00:33:16,710 ♪♪ 953 00:33:16,710 --> 00:33:19,670 Listen, I'm not gonna get involved on one side of this, 954 00:33:19,670 --> 00:33:22,420 but I know neither of you wants this case to go to trial. 955 00:33:22,420 --> 00:33:24,620 Figure this out. 956 00:33:24,620 --> 00:33:26,880 ♪♪ 957 00:33:26,880 --> 00:33:28,620 [ Door opens, closes ] 958 00:33:28,620 --> 00:33:29,500 [ Sighs ] 959 00:33:41,670 --> 00:33:46,000 His name was Richard Prince. 960 00:33:46,000 --> 00:33:47,920 You asked me why I wanted to do this? 961 00:33:47,920 --> 00:33:49,420 Richard Prince -- 962 00:33:49,420 --> 00:33:51,380 He sat behind me in Ms. Diller's history class. 963 00:33:51,380 --> 00:33:54,460 He talked a lot. He cheated. 964 00:33:54,460 --> 00:33:56,000 At the end of the first semester, 965 00:33:56,000 --> 00:33:58,920 he had the highest grade in the class because he cheated. 966 00:33:58,920 --> 00:34:00,880 I liked school. 967 00:34:00,880 --> 00:34:03,710 Richard didn't like school. 968 00:34:03,710 --> 00:34:05,080 Maybe he didn't need it. 969 00:34:05,080 --> 00:34:08,380 I don't know, I don't care. I needed it. 970 00:34:08,380 --> 00:34:11,380 I looked forward to Mondays, school. 971 00:34:11,380 --> 00:34:14,290 The weekends, when I was at home... 972 00:34:14,290 --> 00:34:16,920 [ Inhales deeply ] 973 00:34:16,920 --> 00:34:20,580 We had two field trips every year in my middle school. 974 00:34:20,580 --> 00:34:22,080 The big one in seventh grade 975 00:34:22,080 --> 00:34:24,250 was across the state to the U.S. Capitol. 976 00:34:24,250 --> 00:34:27,380 I had been looking forward to the Capitol trip 977 00:34:27,380 --> 00:34:30,670 since I was... 5 years old. 978 00:34:30,670 --> 00:34:32,290 I'd memorized every Speaker of the House 979 00:34:32,290 --> 00:34:33,710 since Frederick Muhlenberg. 980 00:34:33,710 --> 00:34:35,580 I knew that the prize 981 00:34:35,580 --> 00:34:37,210 for designing the Capitol building 982 00:34:37,210 --> 00:34:38,880 was $500. 983 00:34:38,880 --> 00:34:41,170 I knew that the Dome was made 984 00:34:41,170 --> 00:34:44,120 of 8,999,200 pounds of cast iron. 985 00:34:44,120 --> 00:34:45,750 I knew this, 986 00:34:45,750 --> 00:34:47,960 and I wrote all these things down in a little notebook, 987 00:34:47,960 --> 00:34:49,620 and I pasted pictures into the notebook 988 00:34:49,620 --> 00:34:51,500 so I could bring it with me when we went our trip 989 00:34:51,500 --> 00:34:55,040 and make sure I saw everything I'd ever read about. 990 00:34:55,040 --> 00:34:56,830 I was more excited about this trip 991 00:34:56,830 --> 00:35:00,250 than I've ever been about anything in my life. 992 00:35:00,250 --> 00:35:02,580 We were 18 miles outside of Roanoke 993 00:35:02,580 --> 00:35:07,120 when Richard Prince pulled out his phone on the bus. 994 00:35:07,120 --> 00:35:09,080 There was one strict rule on this trip -- 995 00:35:09,080 --> 00:35:11,540 no electronic devices, none. 996 00:35:11,540 --> 00:35:16,380 But Richard Prince had brought his phone. 997 00:35:16,380 --> 00:35:17,750 Ms. Diller told him to put it away. 998 00:35:17,750 --> 00:35:19,120 He refused. 999 00:35:19,120 --> 00:35:20,580 His friends started to defend him. 1000 00:35:20,580 --> 00:35:22,000 It got loud. 1001 00:35:22,000 --> 00:35:24,460 I sat in the back of the bus with my hands over my ears, 1002 00:35:24,460 --> 00:35:25,830 looking through my notebook, 1003 00:35:25,830 --> 00:35:28,330 staring at pictures of the Dome, 1004 00:35:28,330 --> 00:35:30,750 the crypt, the Old Senate Chamber. 1005 00:35:30,750 --> 00:35:33,460 But it just got louder, louder, more out of control, 1006 00:35:33,460 --> 00:35:38,500 and then I felt... the wheels of the bus turn. 1007 00:35:38,500 --> 00:35:40,380 ♪♪ 1008 00:35:40,380 --> 00:35:43,580 I didn't look up, but I felt it. 1009 00:35:43,580 --> 00:35:45,540 We were going home. 1010 00:35:45,540 --> 00:35:47,210 I was looking forward to that Capitol trip 1011 00:35:47,210 --> 00:35:49,500 for six years -- six years -- 1012 00:35:49,500 --> 00:35:52,040 and I did not get to go, 1013 00:35:52,040 --> 00:35:56,290 because Richard Prince decided the rules didn't apply to him. 1014 00:35:56,290 --> 00:36:02,420 49 kids didn't get to go because of 1 person. 1015 00:36:02,420 --> 00:36:05,620 Is this what I wanted to be when I was growing up? 1016 00:36:05,620 --> 00:36:06,620 Yes. 1017 00:36:06,620 --> 00:36:10,120 Injustice isn't only felt 1018 00:36:10,120 --> 00:36:14,620 by the loudest person complaining about it. 1019 00:36:14,620 --> 00:36:17,460 ♪♪ 1020 00:36:17,460 --> 00:36:19,670 The government withdraws the espionage charges 1021 00:36:19,670 --> 00:36:23,040 and Dani pleads guilty to theft of government property. 1022 00:36:23,040 --> 00:36:25,830 Time served plus three years of supervised release. 1023 00:36:25,830 --> 00:36:31,380 ♪♪ 1024 00:36:31,380 --> 00:36:36,920 ♪♪ 1025 00:36:36,920 --> 00:36:38,210 [ Buttons clicking ] 1026 00:36:38,210 --> 00:36:39,080 Roger. 1027 00:36:39,080 --> 00:36:41,420 Hey, sorry about that ship. 1028 00:36:41,420 --> 00:36:42,880 Why sorry? 1029 00:36:42,880 --> 00:36:45,710 Oh, I heard it didn't end up in Brooklyn or Manhattan. 1030 00:36:45,710 --> 00:36:48,080 New Jersey, ugh. That's a kick in the ass, huh? 1031 00:36:48,080 --> 00:36:49,880 Mm. Actually, because of some 1032 00:36:49,880 --> 00:36:52,040 weather-predicting calculations I won't bore you with, 1033 00:36:52,040 --> 00:36:53,500 I knew where that ship was going. 1034 00:36:53,500 --> 00:36:55,250 So I arranged to thank some NYPD officers 1035 00:36:55,250 --> 00:36:56,420 that have been assisting me by sending them 1036 00:36:56,420 --> 00:36:58,040 to a fine dinner at a great restaurant, 1037 00:36:58,040 --> 00:36:59,790 which happened to be near New Jersey's 1038 00:36:59,790 --> 00:37:01,210 Cape Liberty Cruise Ship port. 1039 00:37:01,210 --> 00:37:02,620 So they were in perfect position 1040 00:37:02,620 --> 00:37:04,290 to nab McKenna when he stepped off that ship, 1041 00:37:04,290 --> 00:37:06,500 and before the sun came up, he was safely back here, 1042 00:37:06,500 --> 00:37:08,960 in the arms of the Southern District of New York. 1043 00:37:08,960 --> 00:37:10,120 [ Bell dings ] 1044 00:37:10,120 --> 00:37:11,830 Win-win. I'm off here. 1045 00:37:11,830 --> 00:37:18,250 ♪♪ 1046 00:37:20,420 --> 00:37:23,880 Your Honor, I understand the appeal 1047 00:37:23,880 --> 00:37:26,620 of using this sentencing software, EVALUATE. 1048 00:37:26,620 --> 00:37:28,040 I do. 1049 00:37:28,040 --> 00:37:31,250 It appears to be efficient, precise, 1050 00:37:31,250 --> 00:37:34,460 immune to emotion and lapses in logic. 1051 00:37:34,460 --> 00:37:37,290 It seems fair and unbiased, 1052 00:37:37,290 --> 00:37:40,080 so shouldn't we attempt to be fair and unbiased 1053 00:37:40,080 --> 00:37:43,000 in evaluating whether it actually works? 1054 00:37:43,000 --> 00:37:46,670 32, 19, 34. 1055 00:37:46,670 --> 00:37:49,420 Are you picking lotto numbers for me, Ms. Adams? 1056 00:37:49,420 --> 00:37:52,710 32% is the federal recidivism rate. 1057 00:37:52,710 --> 00:37:54,620 19%? 1058 00:37:54,620 --> 00:37:58,290 19% is the recidivism rate of defendants tried 1059 00:37:58,290 --> 00:38:00,830 and sentenced in your court, Judge Barish. 1060 00:38:00,830 --> 00:38:03,170 It's one of the lowest in the Southern District. 1061 00:38:03,170 --> 00:38:04,710 34%? 1062 00:38:04,710 --> 00:38:07,290 That's the recidivism rate of EVALUATE, 1063 00:38:07,290 --> 00:38:09,080 higher than the national average, 1064 00:38:09,080 --> 00:38:11,670 15 points behind you. 1065 00:38:11,670 --> 00:38:13,750 I'm sure you have a theory as to why that is. 1066 00:38:13,750 --> 00:38:15,380 I think you know I do, 1067 00:38:15,380 --> 00:38:18,290 but you asked me to have faith in you, 1068 00:38:18,290 --> 00:38:20,750 in your experience, your judgment, 1069 00:38:20,750 --> 00:38:21,670 and I do. 1070 00:38:21,670 --> 00:38:24,000 And these numbers back that up. 1071 00:38:24,000 --> 00:38:27,580 You're not arbitrary or capricious. 1072 00:38:27,580 --> 00:38:29,500 [ Sighs ] 1073 00:38:29,500 --> 00:38:31,920 When you were in elementary school, 1074 00:38:31,920 --> 00:38:34,500 IBM built a computer that it claimed 1075 00:38:34,500 --> 00:38:37,000 could beat a world champion in chess. 1076 00:38:37,000 --> 00:38:37,920 It couldn't. 1077 00:38:37,920 --> 00:38:40,420 Lost to Garry Kasparov. 1078 00:38:40,420 --> 00:38:43,620 IBM made some tweaks, and Deep Blue the rematch. 1079 00:38:43,620 --> 00:38:45,710 Today, every one of us can download 1080 00:38:45,710 --> 00:38:47,580 free chess software on our phones 1081 00:38:47,580 --> 00:38:50,330 that would demolish Kasparov. 1082 00:38:50,330 --> 00:38:56,330 Technology isn't perfect, but it's always improving. 1083 00:38:56,330 --> 00:39:00,880 I may have been premature in relying on EVALUATE, 1084 00:39:00,880 --> 00:39:06,380 but this is the future, Ms. Adams. 1085 00:39:06,380 --> 00:39:09,960 I appreciate your arguments here today. 1086 00:39:09,960 --> 00:39:16,960 ♪♪ 1087 00:39:16,960 --> 00:39:18,080 [ Indistinct chatter, camera shutters clicking ] 1088 00:39:18,080 --> 00:39:20,380 [ Sighs ] This is it. 1089 00:39:20,380 --> 00:39:23,080 Own it. 1090 00:39:23,080 --> 00:39:26,460 [ Horn honking in distance ] 1091 00:39:26,460 --> 00:39:28,540 My name is Dani Rios. 1092 00:39:28,540 --> 00:39:31,830 I stand here today as a veteran, a patriot, 1093 00:39:31,830 --> 00:39:32,920 and the proud daughter of immigrants. 1094 00:39:32,920 --> 00:39:33,960 Well, how does it feel to be free? 1095 00:39:33,960 --> 00:39:35,210 Woman: What is it like to be a folk hero? 1096 00:39:35,210 --> 00:39:36,330 I am not a hero. 1097 00:39:36,330 --> 00:39:38,290 I am just a regular American citizen 1098 00:39:38,290 --> 00:39:39,880 who wanted to shine light on injustice. 1099 00:39:39,880 --> 00:39:42,620 [ Indistinct shouting ] 1100 00:39:42,620 --> 00:39:45,420 ♪♪ 1101 00:39:45,420 --> 00:39:46,960 Thank you. That's all for now. 1102 00:39:46,960 --> 00:39:47,670 Thank you. 1103 00:40:01,710 --> 00:40:03,540 I like it. 1104 00:40:03,540 --> 00:40:04,620 How long you been working on that? 1105 00:40:04,620 --> 00:40:05,960 Long time. 1106 00:40:05,960 --> 00:40:07,290 Ever been? 1107 00:40:07,290 --> 00:40:10,500 No. 1108 00:40:10,500 --> 00:40:12,330 [ Molly Kate Kestner's "Compromise" plays ] 1109 00:40:12,330 --> 00:40:14,380 ♪ People tell me, sell me potions ♪ 1110 00:40:14,380 --> 00:40:17,080 ♪ Notions, all success and fortune ♪ 1111 00:40:17,080 --> 00:40:18,120 ♪ Who are they to tell me? ♪ 1112 00:40:18,120 --> 00:40:19,380 [ Singsong voice ] Come home with me. 1113 00:40:19,380 --> 00:40:21,880 Barish only gave Keenan six months. 1114 00:40:21,880 --> 00:40:23,460 The government wanted two years. 1115 00:40:23,460 --> 00:40:24,710 We're celebrating. 1116 00:40:24,710 --> 00:40:27,290 I know you prefer wine out of the box, 1117 00:40:27,290 --> 00:40:28,880 but this is amazing. 1118 00:40:28,880 --> 00:40:30,500 I've got work to do. 1119 00:40:30,500 --> 00:40:32,580 If you don't come home with me, I'll drink this entire bottle. 1120 00:40:32,580 --> 00:40:33,830 You know what happens when I drink 1121 00:40:33,830 --> 00:40:35,420 an entire bottle of wine. 1122 00:40:35,420 --> 00:40:37,380 You do all the Schuyler sister parts from "Hamilton" 1123 00:40:37,380 --> 00:40:38,750 and our neighbor calls the cops. 1124 00:40:38,750 --> 00:40:41,170 Don't do that to me. 1125 00:40:41,170 --> 00:40:43,540 Please. 1126 00:40:43,540 --> 00:40:45,920 ♪ I won't ♪ ♪ I won't say goodbye ♪ 1127 00:40:45,920 --> 00:40:47,000 [ Knocks on door ] 1128 00:40:47,000 --> 00:40:48,920 Hey, you got to come out for drinks. 1129 00:40:48,920 --> 00:40:50,330 No date tonight? 1130 00:40:50,330 --> 00:40:51,920 She might need a little cooling-off time. 1131 00:40:51,920 --> 00:40:53,750 Well, I can't, thanks. I have to work. 1132 00:40:53,750 --> 00:40:54,790 I don't care. 1133 00:40:54,790 --> 00:40:56,080 I told Seth I owe him a drink sometime 1134 00:40:56,080 --> 00:40:57,000 for his help with the cruise ship. 1135 00:40:57,000 --> 00:40:58,920 He said tonight's good. 1136 00:40:58,920 --> 00:41:00,620 I'm not drinking alone with him. 1137 00:41:00,620 --> 00:41:01,960 Don't make me do that. 1138 00:41:01,960 --> 00:41:04,540 ♪ Try to shut me, cut me down to size ♪ 1139 00:41:04,540 --> 00:41:07,750 ♪ But trust me, they don't even know me ♪ 1140 00:41:07,750 --> 00:41:10,380 ♪ They don't even know me ♪ 1141 00:41:10,380 --> 00:41:14,000 ♪ I don't need to justify the way I live my life, ♪ 1142 00:41:14,000 --> 00:41:16,000 ♪ It's mine, so who are you to tell me? ♪ [ Knock on door ] 1143 00:41:16,000 --> 00:41:17,460 Guest of honor. 1144 00:41:17,460 --> 00:41:18,750 ♪ Who are you to tell me? ♪ 1145 00:41:18,750 --> 00:41:22,170 ♪ I owe you the part of me, heart of me ♪ 1146 00:41:22,170 --> 00:41:23,210 ♪ Just enough to start something ♪ 1147 00:41:23,210 --> 00:41:24,380 Reach in my pocket. 1148 00:41:24,380 --> 00:41:26,040 Don't. 1149 00:41:26,040 --> 00:41:27,080 No way my card's in there. 1150 00:41:27,080 --> 00:41:28,710 [ Sighs ] 1151 00:41:28,710 --> 00:41:29,710 Dude... 1152 00:41:29,710 --> 00:41:30,880 That's incredible. 1153 00:41:30,880 --> 00:41:32,710 Would've been cooler if it was a rabbit. 1154 00:41:32,710 --> 00:41:34,460 [ Cellphone chimes ] ♪ I won't say goodbye ♪ 1155 00:41:34,460 --> 00:41:36,960 ♪ Dreams I had since I was five ♪ 1156 00:41:36,960 --> 00:41:39,120 ♪ You can never break me ♪ 1157 00:41:39,120 --> 00:41:40,880 Can you feel that? One more. 1158 00:41:40,880 --> 00:41:42,040 Nice. 1159 00:41:42,040 --> 00:41:44,250 ♪ Won't apologize ♪ 1160 00:41:44,250 --> 00:41:46,120 ♪ I don't care if you're satisfied ♪ 1161 00:41:46,120 --> 00:41:47,710 [ Chuckles ] Hi. 1162 00:41:47,710 --> 00:41:48,540 Long time. 1163 00:41:48,540 --> 00:41:51,210 Too long. 1164 00:41:51,210 --> 00:41:53,920 ♪ Never gonna change me ♪ 1165 00:41:53,920 --> 00:41:55,580 ♪ Never gonna change me ♪ 1166 00:41:55,580 --> 00:41:57,920 ♪ No, no, no, no, no ♪ 1167 00:41:57,920 --> 00:42:00,880 ♪ Oh, you're never gonna change me ♪ 1168 00:42:00,880 --> 00:42:03,710 ♪ Never gonna change me ♪ 1169 00:42:03,710 --> 00:42:06,460 ♪ I won't ♪ ♪ I won't compromise ♪ 1170 00:42:06,460 --> 00:42:08,620 ♪ I won't ♪ ♪ Won't apologize ♪ 1171 00:42:08,620 --> 00:42:10,920 ♪ I don't care if you're satisfied ♪ 1172 00:42:10,920 --> 00:42:13,040 ♪ Never gonna change me ♪ 1173 00:42:13,040 --> 00:42:15,460 ♪ Never gonna change me ♪ 1174 00:42:15,460 --> 00:42:18,210 ♪ Never gonna change me ♪ 1175 00:42:18,210 --> 00:42:20,670 ♪ Never gonna change me ♪ 1176 00:42:20,670 --> 00:42:23,540 ♪ I won't compromise, no ♪ 1177 00:42:26,580 --> 00:42:35,830 ♪♪ 1178 00:42:35,830 --> 00:42:45,040 ♪♪ 1179 00:42:45,040 --> 00:42:54,120 ♪♪