Goliath (2016) s01e08 Episode Script
Citizens United
1 Oh, my God, please help me Knee-deep in the river trying to get clean He says wash your hands, get out the stains But you best believe, boy, there's hell to pay Yeah, you best believe, boy, there's hell to pay, saying Oh, my God, please help me Neck-deep in the river screaming for relief He says, it's mine to give but it's yours to choose You're gonna sink or swim, you're gonna learn the truth No matter what do, you're gonna learn the truth, saying Ate the bread that once was stones Fell from a cliff, never broke a bone Bowed down to get the kings overthrown And I'm all alone and the fire grows And I'm all alone and the fire grows [cigarette hisses.]
[knocking.]
[knocking.]
Brittany.
Brittany? Go away.
Billy, go away! I'm not here! Go away! [sobbing.]
Brittany, open the fucking door.
- I can't talk to you.
- Come on.
I can't talk to you.
Just talk to me for a minute.
What the fuck are you doing? - [sniffle.]
- Huh? You need to leave.
What do you mean, I need to leave? You look me in the fucking eye right now.
God damn you, look me in the fucking eye.
What did you expect me to do, Billy? I don't have a fucking choice.
What do I expect you to do? I expect you to be my fucking friend! You were never my friend! Really? You got a short memory, honey! - Billy! - You got a really short fucking memory! The only reason you hired me is because I fuck guys for a living and you thought that I'd be handy for you! That was it! And you were right because you're fucking smart! Because I did it! I fucked that cop because you asked me to.
I asked you to do that? I asked you to find some shit out for me.
- Okay? - You asked me to do it.
How much did Callie offer you? After you watched the video, you looked at me with so much fucking shame! What did Callie Really? I never felt like more of a fucking whore in my entire life! I told you I was sorry about this shit, okay? What did she offer you? What did Callie offer you? She didn't offer me anything.
Really? She offered you nothing? This is my only chance You're selling me down the fucking river to not go to fucking prison for ten years.
Really.
I'm supposed to sit in there and fucking rot while you go and do your fucking case? That's the only thing you care about! You don't give a shit about anyone else! People have been killed.
Do you know that? I know that, yeah.
Well, you didn't save fucking Rachel! What are you going to do for me? You're too fucking fancy for this place! Get the fuck out of here! Okay, you sleep well, okay? I came here to try, all right? Oh, fuck.
[clicker clicking.]
Finally.
Are we set? We just came from a meeting with the management committee.
There's no way you can get in that witness chair, Donald.
I have been summoned.
We can get you out of that.
You are part of the defense team.
Anything you would say is shielded by both privilege and work product.
That was once true.
It is no longer so.
After Wendell Corey chose to invoke my name during his testimony, legally he waived the privilege by raising a reliance on counsel defense.
You know this plays right into Billy's hands.
He has no case right now.
By you taking the stand, you risk giving him one.
The fact that his case rests on me - what more could we want? - This isn't about you.
It isn't about your ego or your intelligence or your Billy grudge.
This is about you doing what is best for the client.
Ohh.
[chuckle.]
[click.]
And you can't use that damn thing in court.
Are you saying they might see me as a monster? You're damn right.
Hey, hey, hey, hey, hey, Letts.
I have been summoned.
I will comply with the court order, and I will discharge my civic duty.
Donald.
Did you puppeteer this? You told Wendell to hide behind privilege, knowing full well that they would ask you to the stand.
This is the big day.
We don't want to be late.
The risk you are putting us through is enormous.
I need to get to court.
[click.]
["Sentimental Journey".]
What a sight you all are for me.
You may find my appearance odd.
Remember, I am in no pain.
[no audible dialogue.]
You are my people.
I'm your people.
[continues.]
Do you solemnly swear to tell the truth, so help you God? Yes, I do.
I'm sorry.
I didn't hear that.
Yes, I do, I said.
Hmm.
Sir, in a nice loud voice, please introduce yourself to the members of our jury.
Donald Cooperman.
And you're an attorney.
Yes.
A well-compensated, Yale-educated attorney.
Not only Yale, but yes.
You represent the defendant, Borns Technology? Yes.
As an experienced attorney, you're familiar with something called the advice of counsel defense.
That's a legal doctrine involving good faith reliance on an attorney's, uh advice.
Let me pose a hypothetical.
If someone like Borns Tech were to detonate napalm bombs off the coast of Long Beach, which is just a few miles from this courtroom, that defense could come in pretty handy, couldn't it? I don't agree with your premise.
A clever attorney could invoke that defense to help his client avoid responsibility.
It's a it's it's it's it's a legitimate legal defense honored in courts across the land.
Ever advise Borns Tech about testing cluster bombs in the ocean? I did not.
- Wendell Corey says you did.
- That's not what he said on the closed circuit television replay I saw, but if he did say that in some other venue, I would say he was mistaken.
Did you advise or instruct Ryan Larson or anyone else at Borns Tech to design or test cluster bombs? No.
I did not.
Did a man named Karl Stoltz ever authorize Ryan Larson to test cluster bombs? Uh, I've never heard of anyone by the name of Karl Stoltz.
Are you familiar with the original plaintiff in this lawsuit Rachel Kennedy? Only from the pleadings.
Hmm.
She had to drop out of the suit after she was run over by a car and killed.
Mm, yeah, I I know I know she had to drop out.
Who's Lucy Kittridge? Callie: How is this remotely relevant? I was just getting to that.
You and Miss Kittridge had a personal relationship.
Right? She worked for the firm.
Are you aware of a conversation between Miss Kittridge and a man named Karl Stoltz? Objection.
Hearsay.
Not offering for the truth, Your Honor.
Are you aware of a conversation? I don't know anyone named Stoltz.
Very well.
Are you aware Mr.
Stoltz made threats on your life? Can we at least get an offer of proof? - Where is this going? - My offer of proof is that Mr.
Stoltz made threats against this witness, and then the next day he wound up dead in the trunk of a car.
What's the basis of knowledge here? [chuckle.]
It was my car.
There isn't a scrap of evidence tying our client to a murder.
So if Lucy Kittridge there she is right here Lucy if she gets on the stand and testifies that you know Karl Stoltz, - would she be lying? - Objection.
Calls for speculation.
Well, Miss Kittridge is going to be my next witness.
I will take it to bene.
Go ahead.
Miss Kittridge is going to say that Mr.
Stoltz had a conversation with you.
You know what I find, uh unconscionable? Yes, please.
A bottom-feeding vulture picking flesh off the bones of the dead at the expense of a great company, one that employs thousands of Americans with good jobs, all the while protecting American interests here and abroad.
And making you and Wendell Corey rich.
We get paid well because we do our work well.
The beneficiaries of that work are not just Borns Tech.
It's everyone.
Even you.
Me? Yeah.
You, sir I have As a soldier, as a lawyer, as a citizen, I have given my life to this country's this nation's fundamental infrastructures, its systems of law and security.
It's what allows little men like you your day in court.
It Even when it means letting you try to commit fraud.
Miss Kittridge will take the stand and testify that you damn well know Karl Stoltz.
Is it still your testimony that you do not know Karl Stoltz? I know what he is.
I know what you are.
This is your last chance to set the record straight, sir.
I know Mr.
Cooperman, can you finish answering the question? [spectators murmuring.]
Mr.
Cooperman.
[Donald exhales.]
Can you answer the question? - Woman: Oh! - Mr.
Cooperman! Are those new glasses? Yeah.
Cute, right? - Hey.
- Billy.
How's it going? So what's up? How's he doing? He had a stroke.
There's some bleeding on the brain.
He's getting an MRI now to determine how much.
Was he sick or anything? Did he show any signs of it? Well, the doctor just told me that he had some sort of a mini-stroke three months ago, so maybe that's why he's been acting crazy.
You know his testimony now, it's not going to Yeah, I know.
I didn't get a chance to Seriously.
I didn't get a chance to cross-examine him, so No, I get it.
I can't afford to let it go.
I'm not going to let it go.
Is there any question as to what we should do? No.
We should go forward.
What? Well, we're winning, Wendell.
They've put on a thin case at best.
We're in a good position.
[scoff.]
Cooperman actually seemed sympathetic.
Whoever thought that was possible? [chuckle.]
Leonard? Your call, Wendell.
M Leonard, you've been telling me to settle this from the start.
We are winning.
Let's just keep going and get this shit done already.
He's right.
Is he going to die? I don't know.
So what happens now? I guess we'll see tomorrow.
Do you think we should go for a mistrial? Why would we do that? No, I'm I'm worried that the stroke is going to make him seem human somehow to the jury.
Yeah, I get that.
But the odds of me getting any of that shit into evidence at a second trial are pretty bad.
Yeah.
God, think about where we started, Really.
It is pretty cool.
Yeah.
I guess it did seem kind of impossible to be this far, didn't it? While I'm sure we all wish Mr.
Cooperman a quick recovery, the case must necessarily continue, which means we must proceed without Mr.
Cooperman's testimony.
Mr.
Cooperman's health issue means the defense was not given the opportunity to cross-examine him.
Not giving the defense their right to confront the witness against them is prohibited by law, unfair, and unduly prejudicial.
You are therefore instructed to disregard all of Mr.
Cooperman's testimony.
It is not part of the trial record.
It is not evidence.
You may not consider it in any way.
Put it out of your minds.
By law it did not happen.
Is that clear? Okay.
Mr.
McBride.
Anything else? No, Your Honor.
Very well.
Miss Senate.
Your Honor, we call Brittany Gold to the stand.
Raise your right hand.
Do you, Brittany Gold, swear to tell the truth, the whole truth, and nothing but the truth, so help you God? You'll have to say it for the record.
Yes.
Please.
Ms.
Gold, do you know Mr.
McBride? - Yes.
- How do you know him? Um, ahem, um, we he was my attorney in a criminal matter, and now he's he's my employer.
Um, I I do paralegal work.
On this case? Mm-hmm.
Ms.
Gold, did Mr.
McBride ask you to blackmail anyone involved in this case? A police officer.
Um Officer Sanders, the one who arrested Mr.
McBride for DUI.
Bil Uh, Mr.
McBride asked me to sleep with the officer to get information on Karl Stoltz.
What did you blackmail the officer with, exactly? I made, um a sex tape.
Just me sleeping with the officer, and Mr.
McBride used it to blackmail the officer in order to give us more into telling us who Karl Stoltz was.
No further questions, Your Honor.
[whisper.]
Billy.
Miss Gold, did the defense offer you anything to testify against us? No.
No? I've had some recent legal problems, and they told me that they would help me with with those problems if I if I came here and I told the truth about what I knew.
Miss Gold, did I ask you to have sex with a police officer? You Did I say "Hey, will you go have sex with this police officer and make a tape?" Did I say that? You told me to do anything I had anything I had to do to get information about Karl Stoltz.
The question is, did I ask you to have sex with a police officer? No.
Thank you.
No further questions.
Redirect, Your Honor.
Ms.
Gold, have you ever been charged with solicitation? Um, yes.
And did Mr.
McBride represent you in these legal troubles? Yes.
So it's your understanding that Mr.
McBride was aware that you work as a prostitute.
Yes.
And when he asked you to blackmail the officer, was your understanding that he implied - that you would use - Objection.
your skills as a prostitute - Objection.
- to blackmail him? No further questions.
You may step down, Miss Gold.
The case is going very well.
We're expecting a good result.
[mumbling.]
What? I had a stroke.
I had a stroke.
Yes.
- Yes.
- Yes, you had a stroke.
It was scary, but the doctors say you're on the mend.
The partners will want to [exhales.]
replace me.
Shh shh shh shh shh.
Don't worry about that now.
No.
Donald.
Don't worry about that now.
[sputter.]
I can't I cannot live like this.
I'm, uh paralyzed.
Hey.
They say it's only temporary.
Ha ha.
Don't lie to me.
I cannot live like this.
Will you help me? What do you mean? You know what they do to the lead dog of a sled team when it's time to retire.
Bullet in the brain.
Mm.
It's a kindness.
Callie: Ryan Larson committed suicide.
He said so himself in not one but two suicide notes.
His priest and his wife thought so, too, until Mr.
McBride showed up, trying to make money off this tragedy.
Mr.
McBride asks you to believe in a fantasy that Ryan Larson was testing weapons and that Borns Tech blew him up, based on what evidence? A toy model buried on the property by someone, the ramblings of a mentally ill, disgruntled ex-employee, a porn revenge guy, the testimony of a drug trafficker who showed you a video of the boat blowing up, a fact that was never in question.
We all know the boat blew up.
And finally, a prostitute who blackmailed a police officer with a sex tape at Mr.
McBride's behest.
People sue deep pocket corporations all the time, and for some attorneys it's a business model a hit and run, bleed and plead, and eke out a settlement.
And why not? These corporations have lots of money.
What do they care? But some of them also have principles, and Borns Tech is one such company.
We are in the business of making the tools our troops need to win the war on terror.
We're in the business of protecting American soil, and we're in the business of protecting American values values like truth.
And the sad truth is that Ryan Larson was an unhappy man whose wife was having an affair, and he took his own life It's a tragedy.
His wife Gina Larson accepted it, and she had somehow made peace with it, when Mr.
McBride convinced her that there was money to be had.
And Mr.
McBride asks you to believe in this fantasy because he cannot substantiate his version of reality with facts.
And, consider what they're asking you to swallow that we blew up Ryan Larson and while we were at it we ran over his sister, assaulted her attorney, got his witnesses convicted of drug trafficking, and killed a snitch and hid it in the trunk of Mr.
McBride's car.
How industrious we are.
And he wants you to believe, in a feeling of injustice for the common man fighting the good fight against the big bad corporation.
But Mr.
McBride is not a common man.
He is a con man.
And while he may elicit your feelings of compassion feelings are not facts.
Judge: Mr.
McBride? Rebuttal? Ahem.
Callie Senate is an excellent attorney.
I've known her a long time.
And she's just doing her job.
And I'm doing mine.
Does she want to win? Of course.
Do I? Of course.
That is the job.
So we follow these rules and regulations, and sometimes we can't introduce things that we want to.
Someone objects.
Or there's a law that a rule that the judge says he can't allow something.
That happens.
But here's the great thing about the law, and I love the law.
I wouldn't have gotten into it if I didn't.
The great thing about the law is at the end of the day it doesn't really matter what we say or think.
It matters what you think.
That's the beautiful thing.
So here's what I have.
I have a client who lost a loved one.
He blew up on a boat owned by Borns Tech.
He didn't blow up on, you know, Bill's tuna boat.
He blew up on a boat owned by Borns Tech.
I can't tell you beyond a reasonable doubt what happened on that boat.
Neither can they.
But I don't have to.
I only have to have 51% of your confidence.
Is it more likely than not? Do I wish I could convict this company criminally? Absolutely.
Positively.
But I can't.
You see, these corporations are not people.
They don't bleed.
They don't cry.
It's a company.
They put one witness on the stand one who told you she did not tell the truth.
Those are the facts.
I can't do anything about that.
You can't, either.
That's true.
When are we going to send a message to them to quit telling us what to think and what we need to be protected from? You can use your voice to say they have done something wrong.
And if you don't think your vote counts, if you don't think your decision counts, you're wrong.
There's an old West African proverb, and I'm going to be paraphrasing this, that says if you think you're too small to make an impact, try spending the night in a room with a few mosquitoes.
[Donald grunts.]
[cough.]
[cough.]
Lucy Kittridge.
My protégé.
Mm.
- You betrayed me.
- No.
You told Billy about Stoltz.
No.
I loved you.
Oh? Is that why you ch chose to kill me? You betrayed everything that I believed in.
The law, the work we do, us, my brother.
[sigh.]
You only care about money and power.
No.
And what can be more evil than that? [grunt.]
Not evil.
Not entire tirely.
I know.
It's what makes this so sad.
How could they have deliberated for one day? That makes no sense.
Oh, did you call Gina? - No, Marva did.
- Okay.
- Oh, do you have your keys? - Yes.
Yeah.
Ohh, my God.
- No.
- Hey.
No.
- Billy.
- Patty: Today? - Billy, can I just - Oh, go away, Brittany.
Can I just talk to you for a second? No.
Come on.
No, you don't get to talk to him because you fucked us.
- Patty, let me just talk - You understand that? for a second, okay? Yeah, do some good and walk away.
- Do something good - I don't have and walk the fuck away, Brittany.
Billy, please just talk to me for five minutes.
Please? Billy, you blocked my number.
Back off, honey, you're gonna get hurt.
How am I supposed to talk to you? Billy, please! Billy, please, please, please just talk to me for five minutes! Come on! [sobbing.]
Oh.
Thank you.
[whisper.]
They're not looking at us.
Doesn't mean anything.
[spectators murmuring.]
Judge: Okay, then.
Ahem.
Claim 1, question 1.
Was the death of Ryan Larson caused by the wrongful actions of Borns Tech? The jury says yes.
Claim 1, question 2.
Did the defendant establish an affirmative defense of advice of counsel, rendering them not legally liable for Ryan Larson's death? The jury answer no.
Having found in the affirmative to question 1 and the negative to question 2, the jury proceeds to question 3: damages.
Your Honor, I would like to be heard, please.
You may not be heard, Miss Senate.
Ahem.
Pain and suffering.
Based on the nature of Ryan Larson's death, the likelihood his death was immediate, the jury awards damages in the amount of one dollar.
Number 2, actual damages based on Ryan Larson's life expectancy, the jury awards the Larson family $100,000.
Yes.
That's it? And finally claim 2, question 1.
Did Borns Tech commit fraud in regards to the cause of Ryan Larson's death? The jury answer: yes.
Having found in the affirmative to question 1, the jury proceeds to determine damages.
The jury awards the Larson family damages in the amount of 162 - million dollars.
- [spectators gasp.]
Your Honor, I would like to be heard now, please.
You've been heard, Ms.
Senate, and the jury's given you their answer.
You don't like it, take it up on appeal.
The jury is thanked and excused.
[gavel pounds.]
Can I have a word, please? Sure.
$25 million paid today.
Waive all appeals, no claim of responsibility.
Over and done.
- No.
- Was I talking to you? This verdict is off the charts.
It'll be set aside by the court of appeals.
We'll take our chances, okay? Between appeals and motions of remittitur and the present-day value, by the time you get it I'm sorry.
I'm sorry.
Uh, are you under the impression that you won? Because you did not at all.
You did the opposite of winning.
Right? I mean 25 million today in hand.
50 million and an admission of guilt.
God damn, you just got a jury verdict.
50 million and a clear admission of what happened on that goddamn boat, okay? That's it.
Could everybody give Mr.
McBride and myself the room, please? Bad idea.
I strongly urge against any kind of communication Jesus Christ, Leonard, please.
- Wendell - I I would like to have the room with just Mr.
McBride and myself.
Thank you.
Look, I don't know what happened on that boat that night, okay? But it wasn't a suicide.
So you can tell his family that.
That's not good enough.
What? Of course that's good enough.
What do you think, I'm gonna sit in here and sign a goddamn confession? You just won a trial, for Christ's sakes.
Let's get get this over with.
Mr.
Corey come on.
[sigh.]
He was dumping fuel.
Okay? He wasn't supposed to.
Fuel for the cluster weapon.
And bombs.
No There aren't bomb The fuel is the weapon.
Okay? The fuel's what does all the damage.
You can't test it because you're not supposed to have it.
And if you're not supposed to have it you can't get rid of it.
We got worried there was going to be a surprise inspection.
Ryan Larson stepped up, solved the problem for us.
I wonder who had Rachel Kennedy killed.
It wasn't us.
We don't kill people.
Oh, come on, Mr.
Corey.
What do you mean you don't kill Let me make the distinction.
We don't murder people.
We kill enemies of the state.
There's a difference.
We didn't kill your girlfriend.
[scoff.]
Girlfriend.
Uh, we're good.
Let's go.
[elevator door dings.]
What? What happened? Well, other than some phone troubles What phone troubles? It's okay.
We're good.
We got the 50 million.
- Fuck off.
- Yeah.
Stop.
Holy shit.
- Hi.
- Hey.
What's up? Did you just call me? What do you need? Come here a minute.
Uh, I'm not so good with gadgets.
I was trying to get a video, but all I got was audio here, so I was wondering if maybe you could help me out with it.
Let me see it.
The fuel is the weapon.
Okay? The fuel's what does all the damage.
You can't test it because you're not supposed to have it.
And if you're not supposed to have it you can't get rid of it.
Yeah, that's, uh, that's a serious phone issue, but I think I know someone who can fix it.
You mind if I, uh Be my guest.
[laughing.]
- Hey.
- Hey.
- Huh.
- Sorry about the case.
You can't win them all, only this was a big one.
Well, Donald figures he'll be voted out, so he asked me to collect some of his personal things.
I wonder who they'll move in here.
If we'd won, it could have been me.
That was my plan anyway.
I'm sure it was.
You smell good.
So what are you going to do now? Why? Am I fired? I'm sure you already knew that.
So the partners have spoken.
[scoff.]
Here I thought I was being so clever, helping Wendell throw Donald to the wolves.
Ã'est la vie.
It should be you.
It should be you in charge now.
I don't want it.
How very Julius Caesar of you.
Is everything a game to you, Callie? And you don't play any games, Michelle? No.
[phone rings.]
Hi.
You've reached Rachel.
I'm not home right now, but leave a message, and I'll get back to you.
Thanks.
Have a great day.
Bye.
[ring.]
Hi.
You've reached Rachel.
I'm not home right now, but leave a message, and I'll get back to you.
Thanks.
Have a great day.
Bye.
[beep.]
[grunt.]
Nurse: The doctor adjusted your levels.
Donald: Hmm.
You should feel more comfortable soon.
And your pressure's stable.
Hmm.
Sorry if I'm interrupting.
[groan.]
Can you let us have some privacy? I'd like to talk to my old friend.
Just a few minutes.
Yes, ma'am.
Thank you.
Hmm.
Hmm.
I hate to see this happen to you.
Ohh.
[chuckle.]
[shaky inhale.]
Oh, Billy.
Wow.
You You know me, don't you? Yeah.
I know you.
I sure do.
And that feels good.
To be known.
But you think you're the good guy, don't you? [chuckle.]
No, Donnie, I don't.
Yes, you do.
Ohh.
You You come down here.
I do think you are the good guy.
That's why Look, I know you cannot cannot let me suffer like this.
Not even me.
I'm close anyhow.
Help me.
It'll be easy.
You don't give up, do you? You still trying to get me put away.
Yeah, I'd help you.
I'd show mercy, even to you.
But you see it's against the law.
It burns you up to think I beat you.
You want to hear something worse? I wasn't even fighting you.
You know your friend Rachel Kennedy? Don't start with me.
Don't you fuck with me.
She wasn't the one we were trying to get.
You were supposed to get it.
She took yours.
Oh, I'd kill you right now myself if I could, and I would spit in your face.
[breathing heavily.]
It's not going to work.
- [groan.]
- It's not going to work, sir.
"Sir.
" [chuckle.]
[click.]
[click.]
[click.]
You know, Donnie I really do hope it's true that your life passes in front of you.
You'll just drift away.
[shallow breaths.]
You want some whiskey?
[knocking.]
[knocking.]
Brittany.
Brittany? Go away.
Billy, go away! I'm not here! Go away! [sobbing.]
Brittany, open the fucking door.
- I can't talk to you.
- Come on.
I can't talk to you.
Just talk to me for a minute.
What the fuck are you doing? - [sniffle.]
- Huh? You need to leave.
What do you mean, I need to leave? You look me in the fucking eye right now.
God damn you, look me in the fucking eye.
What did you expect me to do, Billy? I don't have a fucking choice.
What do I expect you to do? I expect you to be my fucking friend! You were never my friend! Really? You got a short memory, honey! - Billy! - You got a really short fucking memory! The only reason you hired me is because I fuck guys for a living and you thought that I'd be handy for you! That was it! And you were right because you're fucking smart! Because I did it! I fucked that cop because you asked me to.
I asked you to do that? I asked you to find some shit out for me.
- Okay? - You asked me to do it.
How much did Callie offer you? After you watched the video, you looked at me with so much fucking shame! What did Callie Really? I never felt like more of a fucking whore in my entire life! I told you I was sorry about this shit, okay? What did she offer you? What did Callie offer you? She didn't offer me anything.
Really? She offered you nothing? This is my only chance You're selling me down the fucking river to not go to fucking prison for ten years.
Really.
I'm supposed to sit in there and fucking rot while you go and do your fucking case? That's the only thing you care about! You don't give a shit about anyone else! People have been killed.
Do you know that? I know that, yeah.
Well, you didn't save fucking Rachel! What are you going to do for me? You're too fucking fancy for this place! Get the fuck out of here! Okay, you sleep well, okay? I came here to try, all right? Oh, fuck.
[clicker clicking.]
Finally.
Are we set? We just came from a meeting with the management committee.
There's no way you can get in that witness chair, Donald.
I have been summoned.
We can get you out of that.
You are part of the defense team.
Anything you would say is shielded by both privilege and work product.
That was once true.
It is no longer so.
After Wendell Corey chose to invoke my name during his testimony, legally he waived the privilege by raising a reliance on counsel defense.
You know this plays right into Billy's hands.
He has no case right now.
By you taking the stand, you risk giving him one.
The fact that his case rests on me - what more could we want? - This isn't about you.
It isn't about your ego or your intelligence or your Billy grudge.
This is about you doing what is best for the client.
Ohh.
[chuckle.]
[click.]
And you can't use that damn thing in court.
Are you saying they might see me as a monster? You're damn right.
Hey, hey, hey, hey, hey, Letts.
I have been summoned.
I will comply with the court order, and I will discharge my civic duty.
Donald.
Did you puppeteer this? You told Wendell to hide behind privilege, knowing full well that they would ask you to the stand.
This is the big day.
We don't want to be late.
The risk you are putting us through is enormous.
I need to get to court.
[click.]
["Sentimental Journey".]
What a sight you all are for me.
You may find my appearance odd.
Remember, I am in no pain.
[no audible dialogue.]
You are my people.
I'm your people.
[continues.]
Do you solemnly swear to tell the truth, so help you God? Yes, I do.
I'm sorry.
I didn't hear that.
Yes, I do, I said.
Hmm.
Sir, in a nice loud voice, please introduce yourself to the members of our jury.
Donald Cooperman.
And you're an attorney.
Yes.
A well-compensated, Yale-educated attorney.
Not only Yale, but yes.
You represent the defendant, Borns Technology? Yes.
As an experienced attorney, you're familiar with something called the advice of counsel defense.
That's a legal doctrine involving good faith reliance on an attorney's, uh advice.
Let me pose a hypothetical.
If someone like Borns Tech were to detonate napalm bombs off the coast of Long Beach, which is just a few miles from this courtroom, that defense could come in pretty handy, couldn't it? I don't agree with your premise.
A clever attorney could invoke that defense to help his client avoid responsibility.
It's a it's it's it's it's a legitimate legal defense honored in courts across the land.
Ever advise Borns Tech about testing cluster bombs in the ocean? I did not.
- Wendell Corey says you did.
- That's not what he said on the closed circuit television replay I saw, but if he did say that in some other venue, I would say he was mistaken.
Did you advise or instruct Ryan Larson or anyone else at Borns Tech to design or test cluster bombs? No.
I did not.
Did a man named Karl Stoltz ever authorize Ryan Larson to test cluster bombs? Uh, I've never heard of anyone by the name of Karl Stoltz.
Are you familiar with the original plaintiff in this lawsuit Rachel Kennedy? Only from the pleadings.
Hmm.
She had to drop out of the suit after she was run over by a car and killed.
Mm, yeah, I I know I know she had to drop out.
Who's Lucy Kittridge? Callie: How is this remotely relevant? I was just getting to that.
You and Miss Kittridge had a personal relationship.
Right? She worked for the firm.
Are you aware of a conversation between Miss Kittridge and a man named Karl Stoltz? Objection.
Hearsay.
Not offering for the truth, Your Honor.
Are you aware of a conversation? I don't know anyone named Stoltz.
Very well.
Are you aware Mr.
Stoltz made threats on your life? Can we at least get an offer of proof? - Where is this going? - My offer of proof is that Mr.
Stoltz made threats against this witness, and then the next day he wound up dead in the trunk of a car.
What's the basis of knowledge here? [chuckle.]
It was my car.
There isn't a scrap of evidence tying our client to a murder.
So if Lucy Kittridge there she is right here Lucy if she gets on the stand and testifies that you know Karl Stoltz, - would she be lying? - Objection.
Calls for speculation.
Well, Miss Kittridge is going to be my next witness.
I will take it to bene.
Go ahead.
Miss Kittridge is going to say that Mr.
Stoltz had a conversation with you.
You know what I find, uh unconscionable? Yes, please.
A bottom-feeding vulture picking flesh off the bones of the dead at the expense of a great company, one that employs thousands of Americans with good jobs, all the while protecting American interests here and abroad.
And making you and Wendell Corey rich.
We get paid well because we do our work well.
The beneficiaries of that work are not just Borns Tech.
It's everyone.
Even you.
Me? Yeah.
You, sir I have As a soldier, as a lawyer, as a citizen, I have given my life to this country's this nation's fundamental infrastructures, its systems of law and security.
It's what allows little men like you your day in court.
It Even when it means letting you try to commit fraud.
Miss Kittridge will take the stand and testify that you damn well know Karl Stoltz.
Is it still your testimony that you do not know Karl Stoltz? I know what he is.
I know what you are.
This is your last chance to set the record straight, sir.
I know Mr.
Cooperman, can you finish answering the question? [spectators murmuring.]
Mr.
Cooperman.
[Donald exhales.]
Can you answer the question? - Woman: Oh! - Mr.
Cooperman! Are those new glasses? Yeah.
Cute, right? - Hey.
- Billy.
How's it going? So what's up? How's he doing? He had a stroke.
There's some bleeding on the brain.
He's getting an MRI now to determine how much.
Was he sick or anything? Did he show any signs of it? Well, the doctor just told me that he had some sort of a mini-stroke three months ago, so maybe that's why he's been acting crazy.
You know his testimony now, it's not going to Yeah, I know.
I didn't get a chance to Seriously.
I didn't get a chance to cross-examine him, so No, I get it.
I can't afford to let it go.
I'm not going to let it go.
Is there any question as to what we should do? No.
We should go forward.
What? Well, we're winning, Wendell.
They've put on a thin case at best.
We're in a good position.
[scoff.]
Cooperman actually seemed sympathetic.
Whoever thought that was possible? [chuckle.]
Leonard? Your call, Wendell.
M Leonard, you've been telling me to settle this from the start.
We are winning.
Let's just keep going and get this shit done already.
He's right.
Is he going to die? I don't know.
So what happens now? I guess we'll see tomorrow.
Do you think we should go for a mistrial? Why would we do that? No, I'm I'm worried that the stroke is going to make him seem human somehow to the jury.
Yeah, I get that.
But the odds of me getting any of that shit into evidence at a second trial are pretty bad.
Yeah.
God, think about where we started, Really.
It is pretty cool.
Yeah.
I guess it did seem kind of impossible to be this far, didn't it? While I'm sure we all wish Mr.
Cooperman a quick recovery, the case must necessarily continue, which means we must proceed without Mr.
Cooperman's testimony.
Mr.
Cooperman's health issue means the defense was not given the opportunity to cross-examine him.
Not giving the defense their right to confront the witness against them is prohibited by law, unfair, and unduly prejudicial.
You are therefore instructed to disregard all of Mr.
Cooperman's testimony.
It is not part of the trial record.
It is not evidence.
You may not consider it in any way.
Put it out of your minds.
By law it did not happen.
Is that clear? Okay.
Mr.
McBride.
Anything else? No, Your Honor.
Very well.
Miss Senate.
Your Honor, we call Brittany Gold to the stand.
Raise your right hand.
Do you, Brittany Gold, swear to tell the truth, the whole truth, and nothing but the truth, so help you God? You'll have to say it for the record.
Yes.
Please.
Ms.
Gold, do you know Mr.
McBride? - Yes.
- How do you know him? Um, ahem, um, we he was my attorney in a criminal matter, and now he's he's my employer.
Um, I I do paralegal work.
On this case? Mm-hmm.
Ms.
Gold, did Mr.
McBride ask you to blackmail anyone involved in this case? A police officer.
Um Officer Sanders, the one who arrested Mr.
McBride for DUI.
Bil Uh, Mr.
McBride asked me to sleep with the officer to get information on Karl Stoltz.
What did you blackmail the officer with, exactly? I made, um a sex tape.
Just me sleeping with the officer, and Mr.
McBride used it to blackmail the officer in order to give us more into telling us who Karl Stoltz was.
No further questions, Your Honor.
[whisper.]
Billy.
Miss Gold, did the defense offer you anything to testify against us? No.
No? I've had some recent legal problems, and they told me that they would help me with with those problems if I if I came here and I told the truth about what I knew.
Miss Gold, did I ask you to have sex with a police officer? You Did I say "Hey, will you go have sex with this police officer and make a tape?" Did I say that? You told me to do anything I had anything I had to do to get information about Karl Stoltz.
The question is, did I ask you to have sex with a police officer? No.
Thank you.
No further questions.
Redirect, Your Honor.
Ms.
Gold, have you ever been charged with solicitation? Um, yes.
And did Mr.
McBride represent you in these legal troubles? Yes.
So it's your understanding that Mr.
McBride was aware that you work as a prostitute.
Yes.
And when he asked you to blackmail the officer, was your understanding that he implied - that you would use - Objection.
your skills as a prostitute - Objection.
- to blackmail him? No further questions.
You may step down, Miss Gold.
The case is going very well.
We're expecting a good result.
[mumbling.]
What? I had a stroke.
I had a stroke.
Yes.
- Yes.
- Yes, you had a stroke.
It was scary, but the doctors say you're on the mend.
The partners will want to [exhales.]
replace me.
Shh shh shh shh shh.
Don't worry about that now.
No.
Donald.
Don't worry about that now.
[sputter.]
I can't I cannot live like this.
I'm, uh paralyzed.
Hey.
They say it's only temporary.
Ha ha.
Don't lie to me.
I cannot live like this.
Will you help me? What do you mean? You know what they do to the lead dog of a sled team when it's time to retire.
Bullet in the brain.
Mm.
It's a kindness.
Callie: Ryan Larson committed suicide.
He said so himself in not one but two suicide notes.
His priest and his wife thought so, too, until Mr.
McBride showed up, trying to make money off this tragedy.
Mr.
McBride asks you to believe in a fantasy that Ryan Larson was testing weapons and that Borns Tech blew him up, based on what evidence? A toy model buried on the property by someone, the ramblings of a mentally ill, disgruntled ex-employee, a porn revenge guy, the testimony of a drug trafficker who showed you a video of the boat blowing up, a fact that was never in question.
We all know the boat blew up.
And finally, a prostitute who blackmailed a police officer with a sex tape at Mr.
McBride's behest.
People sue deep pocket corporations all the time, and for some attorneys it's a business model a hit and run, bleed and plead, and eke out a settlement.
And why not? These corporations have lots of money.
What do they care? But some of them also have principles, and Borns Tech is one such company.
We are in the business of making the tools our troops need to win the war on terror.
We're in the business of protecting American soil, and we're in the business of protecting American values values like truth.
And the sad truth is that Ryan Larson was an unhappy man whose wife was having an affair, and he took his own life It's a tragedy.
His wife Gina Larson accepted it, and she had somehow made peace with it, when Mr.
McBride convinced her that there was money to be had.
And Mr.
McBride asks you to believe in this fantasy because he cannot substantiate his version of reality with facts.
And, consider what they're asking you to swallow that we blew up Ryan Larson and while we were at it we ran over his sister, assaulted her attorney, got his witnesses convicted of drug trafficking, and killed a snitch and hid it in the trunk of Mr.
McBride's car.
How industrious we are.
And he wants you to believe, in a feeling of injustice for the common man fighting the good fight against the big bad corporation.
But Mr.
McBride is not a common man.
He is a con man.
And while he may elicit your feelings of compassion feelings are not facts.
Judge: Mr.
McBride? Rebuttal? Ahem.
Callie Senate is an excellent attorney.
I've known her a long time.
And she's just doing her job.
And I'm doing mine.
Does she want to win? Of course.
Do I? Of course.
That is the job.
So we follow these rules and regulations, and sometimes we can't introduce things that we want to.
Someone objects.
Or there's a law that a rule that the judge says he can't allow something.
That happens.
But here's the great thing about the law, and I love the law.
I wouldn't have gotten into it if I didn't.
The great thing about the law is at the end of the day it doesn't really matter what we say or think.
It matters what you think.
That's the beautiful thing.
So here's what I have.
I have a client who lost a loved one.
He blew up on a boat owned by Borns Tech.
He didn't blow up on, you know, Bill's tuna boat.
He blew up on a boat owned by Borns Tech.
I can't tell you beyond a reasonable doubt what happened on that boat.
Neither can they.
But I don't have to.
I only have to have 51% of your confidence.
Is it more likely than not? Do I wish I could convict this company criminally? Absolutely.
Positively.
But I can't.
You see, these corporations are not people.
They don't bleed.
They don't cry.
It's a company.
They put one witness on the stand one who told you she did not tell the truth.
Those are the facts.
I can't do anything about that.
You can't, either.
That's true.
When are we going to send a message to them to quit telling us what to think and what we need to be protected from? You can use your voice to say they have done something wrong.
And if you don't think your vote counts, if you don't think your decision counts, you're wrong.
There's an old West African proverb, and I'm going to be paraphrasing this, that says if you think you're too small to make an impact, try spending the night in a room with a few mosquitoes.
[Donald grunts.]
[cough.]
[cough.]
Lucy Kittridge.
My protégé.
Mm.
- You betrayed me.
- No.
You told Billy about Stoltz.
No.
I loved you.
Oh? Is that why you ch chose to kill me? You betrayed everything that I believed in.
The law, the work we do, us, my brother.
[sigh.]
You only care about money and power.
No.
And what can be more evil than that? [grunt.]
Not evil.
Not entire tirely.
I know.
It's what makes this so sad.
How could they have deliberated for one day? That makes no sense.
Oh, did you call Gina? - No, Marva did.
- Okay.
- Oh, do you have your keys? - Yes.
Yeah.
Ohh, my God.
- No.
- Hey.
No.
- Billy.
- Patty: Today? - Billy, can I just - Oh, go away, Brittany.
Can I just talk to you for a second? No.
Come on.
No, you don't get to talk to him because you fucked us.
- Patty, let me just talk - You understand that? for a second, okay? Yeah, do some good and walk away.
- Do something good - I don't have and walk the fuck away, Brittany.
Billy, please just talk to me for five minutes.
Please? Billy, you blocked my number.
Back off, honey, you're gonna get hurt.
How am I supposed to talk to you? Billy, please! Billy, please, please, please just talk to me for five minutes! Come on! [sobbing.]
Oh.
Thank you.
[whisper.]
They're not looking at us.
Doesn't mean anything.
[spectators murmuring.]
Judge: Okay, then.
Ahem.
Claim 1, question 1.
Was the death of Ryan Larson caused by the wrongful actions of Borns Tech? The jury says yes.
Claim 1, question 2.
Did the defendant establish an affirmative defense of advice of counsel, rendering them not legally liable for Ryan Larson's death? The jury answer no.
Having found in the affirmative to question 1 and the negative to question 2, the jury proceeds to question 3: damages.
Your Honor, I would like to be heard, please.
You may not be heard, Miss Senate.
Ahem.
Pain and suffering.
Based on the nature of Ryan Larson's death, the likelihood his death was immediate, the jury awards damages in the amount of one dollar.
Number 2, actual damages based on Ryan Larson's life expectancy, the jury awards the Larson family $100,000.
Yes.
That's it? And finally claim 2, question 1.
Did Borns Tech commit fraud in regards to the cause of Ryan Larson's death? The jury answer: yes.
Having found in the affirmative to question 1, the jury proceeds to determine damages.
The jury awards the Larson family damages in the amount of 162 - million dollars.
- [spectators gasp.]
Your Honor, I would like to be heard now, please.
You've been heard, Ms.
Senate, and the jury's given you their answer.
You don't like it, take it up on appeal.
The jury is thanked and excused.
[gavel pounds.]
Can I have a word, please? Sure.
$25 million paid today.
Waive all appeals, no claim of responsibility.
Over and done.
- No.
- Was I talking to you? This verdict is off the charts.
It'll be set aside by the court of appeals.
We'll take our chances, okay? Between appeals and motions of remittitur and the present-day value, by the time you get it I'm sorry.
I'm sorry.
Uh, are you under the impression that you won? Because you did not at all.
You did the opposite of winning.
Right? I mean 25 million today in hand.
50 million and an admission of guilt.
God damn, you just got a jury verdict.
50 million and a clear admission of what happened on that goddamn boat, okay? That's it.
Could everybody give Mr.
McBride and myself the room, please? Bad idea.
I strongly urge against any kind of communication Jesus Christ, Leonard, please.
- Wendell - I I would like to have the room with just Mr.
McBride and myself.
Thank you.
Look, I don't know what happened on that boat that night, okay? But it wasn't a suicide.
So you can tell his family that.
That's not good enough.
What? Of course that's good enough.
What do you think, I'm gonna sit in here and sign a goddamn confession? You just won a trial, for Christ's sakes.
Let's get get this over with.
Mr.
Corey come on.
[sigh.]
He was dumping fuel.
Okay? He wasn't supposed to.
Fuel for the cluster weapon.
And bombs.
No There aren't bomb The fuel is the weapon.
Okay? The fuel's what does all the damage.
You can't test it because you're not supposed to have it.
And if you're not supposed to have it you can't get rid of it.
We got worried there was going to be a surprise inspection.
Ryan Larson stepped up, solved the problem for us.
I wonder who had Rachel Kennedy killed.
It wasn't us.
We don't kill people.
Oh, come on, Mr.
Corey.
What do you mean you don't kill Let me make the distinction.
We don't murder people.
We kill enemies of the state.
There's a difference.
We didn't kill your girlfriend.
[scoff.]
Girlfriend.
Uh, we're good.
Let's go.
[elevator door dings.]
What? What happened? Well, other than some phone troubles What phone troubles? It's okay.
We're good.
We got the 50 million.
- Fuck off.
- Yeah.
Stop.
Holy shit.
- Hi.
- Hey.
What's up? Did you just call me? What do you need? Come here a minute.
Uh, I'm not so good with gadgets.
I was trying to get a video, but all I got was audio here, so I was wondering if maybe you could help me out with it.
Let me see it.
The fuel is the weapon.
Okay? The fuel's what does all the damage.
You can't test it because you're not supposed to have it.
And if you're not supposed to have it you can't get rid of it.
Yeah, that's, uh, that's a serious phone issue, but I think I know someone who can fix it.
You mind if I, uh Be my guest.
[laughing.]
- Hey.
- Hey.
- Huh.
- Sorry about the case.
You can't win them all, only this was a big one.
Well, Donald figures he'll be voted out, so he asked me to collect some of his personal things.
I wonder who they'll move in here.
If we'd won, it could have been me.
That was my plan anyway.
I'm sure it was.
You smell good.
So what are you going to do now? Why? Am I fired? I'm sure you already knew that.
So the partners have spoken.
[scoff.]
Here I thought I was being so clever, helping Wendell throw Donald to the wolves.
Ã'est la vie.
It should be you.
It should be you in charge now.
I don't want it.
How very Julius Caesar of you.
Is everything a game to you, Callie? And you don't play any games, Michelle? No.
[phone rings.]
Hi.
You've reached Rachel.
I'm not home right now, but leave a message, and I'll get back to you.
Thanks.
Have a great day.
Bye.
[ring.]
Hi.
You've reached Rachel.
I'm not home right now, but leave a message, and I'll get back to you.
Thanks.
Have a great day.
Bye.
[beep.]
[grunt.]
Nurse: The doctor adjusted your levels.
Donald: Hmm.
You should feel more comfortable soon.
And your pressure's stable.
Hmm.
Sorry if I'm interrupting.
[groan.]
Can you let us have some privacy? I'd like to talk to my old friend.
Just a few minutes.
Yes, ma'am.
Thank you.
Hmm.
Hmm.
I hate to see this happen to you.
Ohh.
[chuckle.]
[shaky inhale.]
Oh, Billy.
Wow.
You You know me, don't you? Yeah.
I know you.
I sure do.
And that feels good.
To be known.
But you think you're the good guy, don't you? [chuckle.]
No, Donnie, I don't.
Yes, you do.
Ohh.
You You come down here.
I do think you are the good guy.
That's why Look, I know you cannot cannot let me suffer like this.
Not even me.
I'm close anyhow.
Help me.
It'll be easy.
You don't give up, do you? You still trying to get me put away.
Yeah, I'd help you.
I'd show mercy, even to you.
But you see it's against the law.
It burns you up to think I beat you.
You want to hear something worse? I wasn't even fighting you.
You know your friend Rachel Kennedy? Don't start with me.
Don't you fuck with me.
She wasn't the one we were trying to get.
You were supposed to get it.
She took yours.
Oh, I'd kill you right now myself if I could, and I would spit in your face.
[breathing heavily.]
It's not going to work.
- [groan.]
- It's not going to work, sir.
"Sir.
" [chuckle.]
[click.]
[click.]
[click.]
You know, Donnie I really do hope it's true that your life passes in front of you.
You'll just drift away.
[shallow breaths.]
You want some whiskey?