Harry's Law (2011) s02e07 Episode Script
American Girl
Okay, we all clear? Any problems, any emergencies Nobody call.
Have fun, Harry.
I don't take vacations to have fun, I take them to shoot birds.
Harry.
- Chun something, right? - Chunhua.
Wa, right.
Wa.
Hi.
How you doing? See ya.
Chunhua? Adam.
Hello.
Hi.
Hi.
What hello.
This is Jun and Yan Chen.
They're from Beijing.
Uh, Adam Branch.
- Hello.
- Nice to meet you.
They're in need of a lawyer.
They were referred to me by a friend of a friend who I thought you might be able to help them.
Okay.
What's going on? Our daughter, Min, she was stolen.
What do you mean, stolen? She was our second child, which some of the local governments have been stealing children from people who violate the one-child policy.
They put them in orphanage, which then sell them for adoption in foreign countries.
They stole our daughter from us when she was two.
We've tracked her to a family here in Ohio.
We'd like you to help us get her back.
Harry's Law 2x07 - American Girl Original air date November 9, 2011 Oh, great.
Morning, ma'am.
It was.
License and registration, please, ma'am.
May I ask why you pulled me over? I was only going 30.
The speed limit is 35.
Ma'am, back at that last mile-marker, you crossed into the Langford City limits.
Yes, that's been known to happen occasionally when one's destination is Langford.
Well, you're also in violation of Langford City Ordinance number 302.
25.
Okay.
You want to tell me what that is? The "buy American" ordinance.
No foreign automobiles may be owned, driven or parked in the town of Langford.
Notice was published in all local papers, plus it's clearly marked on our borders.
No foreign cars? Is this a joke? Would you step out of the car, please, ma'am? Why? We'll have to impound your car, ma'am.
Like hell you will.
Step out of the car, ma'am.
Look, Barney, I happen to be a lawyer, okay? So if this is some kind of scam where you think I'll need you to step out of the car, ma'am.
Try to get this.
I'm white, I'm rich, and I'm republican.
That makes it legal for me to mistake you for a quail.
What do you mean, she threatened to shoot him? She said she hinted at it.
- Give me the keys to your car.
- What? I can't take mine; it's a Porsche.
Let me borrow yours to go pick her up.
Maybe I should go.
Tommy, no.
Just give me your keys.
Please.
What complicates this is that she's been here for four years.
She may have settled into a new life.
The courts will ultimately consider what's in the best interests of the child She's our daughter.
She was stolen from us.
I understand, but The adoptive couples often have no idea.
They think they're legitimately adopting a child.
And since the girl has been here four years, they've been her parents longer than you have.
Well, that was easy enough.
Mother's on Facebook.
Seems she posted the kid's life story.
How did you get on their Facebook? You don't want to know.
They seem to be on the up-and-up.
Private adoption, they gave about This is Min.
Are you sure? It's her.
I know her eyes.
Okay, this is what she looked like when she was first adopted.
That's our baby.
You need to get her back.
You need to get her back.
I did not threaten to shoot the guy.
I simply made a topical reference to a hunting mishap.
Turns out he reads.
Who knew? I say we pay the thousand bucks and we get out of here.
They've agreed that if you I'm not paying that fine.
It's a ridiculous law, Oliver.
- Don't you want to go hunting? - I do, but I'm not paying that fine! Ms.
Korn? My name is Connor Bertram.
I'm the attorney for the town of Langford.
City attorney? Mm-hmm.
How old are you? I'm 23.
You're the city attorney? Yes, sir.
My uncle's the mayor, so I had connections.
Look, I'm real sorry about all this.
Yeah, well, just give me my damn car back.
And you can reimburse me for that half day of hunting I paid.
Oh, I'm afraid we can't dismiss it, ma'am.
The law is the law.
Listen, kid, do you know who this is? This is Harry Korn.
I know that, sir, and trust me, I don't want to be taking her on.
How many trials have you had, son? Well, nearing it off to the closest zero, zero.
I just passed the bar in July.
And you really want to start off with this one? No.
The idea terrifies me, truth be told.
Which is why I'm really hoping you'll pay the fine.
My uncle kind of terrifies me, too.
Well, I won't be paying any fine.
It's a dumb ordinance.
Seems you got a dumb mayor.
Oh, dear.
Mr.
Thomas? My name is Adam Branch.
This is Cassie Reynolds.
Could we come in for a minute? She was taken to the orphanage.
From there, she found her way to several adoption agencies, the last of which you dealt with.
We were told the parents were dead.
Yeah.
They're not.
It's likely that the orphanage reported the parents as being deceased, but they're not.
So what's going on? They hired you? Mom! She had the TV for an hour! You had it for an hour before that.
Only, like, for 20 minutes! Plus you had it all day yesterday! You know I watch Action Jackson every single Monday! Hey, hey, hey.
We have guests.
And you're both being rude.
This is Mr.
Branch and Ms.
Reynolds.
Our daughters Lee and Darlene.
- Hi.
- Hello.
- Hi.
- Nice to meet you.
How much more for Action Jackson? - Ten minutes.
- No, 20 minutes.
Commercials don't count.
- Yes they do.
- All right, all right, all right.
Look, you let her finish, then you get to watch for an hour, and that's enough television for both of you, okay? Now if you please excuse us.
You started it.
No, I did not.
Sorry.
They're sort of like Irish twins.
They're very close but sometimes very combative.
Yeah, my brother and I were a lot like Mr.
Branch, I don't mean to be rude.
But why exactly are you here? Lee's biological parents have come to the United States.
To reclaim their child.
What? They want the child back.
You must be That's impossible.
What do you mean, they want her back? That's why they've hired us.
We wanted to meet you in person, given the delicacy of the situation.
We're going to be bringing a motion in Superior Court tomorrow on behalf of the biological parents.
Given the sensitivity of this matter, we didn't want to just send a subpoena.
A motion in court to take her away from us? To return the child to the biological parents.
Whole thing is like a nightmare.
I can't even sneak off to shoot a few quail without Ms.
Korn? Connor Bertram.
We met yesterday.
Yes, I do remember.
I'm not as old as I look.
Mayor Franklin Chickory.
It's a pleasure, ma'am.
Connor, why don't you go prep, my good man, so I can get to know our worthy adversary.
Yes, sir.
We'll see you inside.
Sorry, I don't believe I caught your name.
Oliver Richard.
A pleasure, sir.
First of all, let me welcome you both to Langford.
Now, Ms.
Korn, I understand you've graced us before to fill some of our finer birds with buckshot, have you? Um, I don't handle homespun too well, Mr.
Chickory.
I'm only here right now because you people have inconvenienced me with this ridiculous law.
Well, I can see that you are one very feisty woman.
The funny thing is you remind me of the people of Langford somewhat.
You know, our original homesteaders included a lot of women such as yourself who took up arms with their husbands and fought off the Indians.
Of course, the Indians weren't nearly the threat as, say, foreign-made automobiles.
Uh, you mind connecting the dots for me on that one? Well, in case you haven't noticed, we're in the midst of a terrible recession.
We need jobs.
Now, I'd like to ride around in a Mercedes-Benz as much as you.
But this is not the time to be promoting employment in foreign countries.
We all need to do our share.
Langford does its, I'm doing mine.
Now, what are you doing, Ms.
Korn, besides riding around in your big ol' Mercedes Benz? Obviously, this is a very difficult and delicate situation.
But America and China are both signatories to the Hague Inter-Country Adoption Convention Both sides agree this child was abducted? We have no foundation to dispute the account given by the biological parents.
We know this goes on.
But there has been no suggestion, nor could there be, that my clients acted in any unlawful manner or that they didn't observe all proper adoption protocol.
Counsel, have you found any evidence to suggest that the adoptive parents are guilty of any wrongdoing? No, Your Honor.
On its face, we will stipulate that this appears to be a valid and lawful adoption.
And the child has been here with this couple - for four years? - That's correct.
Have you all gotten together with the child? The attorneys have met briefly with the child, but My question is, have you all sat down and tried to work this out? No, Your Honor.
You just lawyered up and charged into court? All right.
Let me tell you how this is going to go down.
I'll hear from your side, then yours, but you all need to get this right now.
Those are the biological parents.
You cannot change that.
And you need to get this.
This little girl has been raised by them since the age of two.
They're a part of her life.
A big part.
Like it or not, you're all in this pot.
One side does not get to erase the other.
You understand me? The five of you will likely be in each other's lives forever.
So, before we even begin, you all need to get in a room.
You understand me? This isn't chattel here.
We're talking about a child.
The room will be sealed.
We'll see you all back here at 2:00.
Adjourned.
What fun.
Min.
She doesn't remember Chinese.
Remember me, Min? Your father.
Please understand.
She thought that she thought that you were no longer alive.
And she's very glad that you are, but this has been very overwhelming.
She hasn't quite processed that, uh and she goes by the name Lee now.
Lee? We have missed you so much.
We have, uh Look, I generally prefer to buy American.
I, in fact, own a Cadillac, but for this trip, I rented a four-wheel drive to be taking off-road.
One with surround sound, satellite radio.
All right, fine.
Can't you just switch it out for a Ford? I mean, what's so wrong with a city ordinance that says "buy American?" Is that really a crime? It sure as hell would be to our founding fathers.
It's unconstitutional.
- How so? - Well, let's start with article one, which says only the United States Congress gets to regulate commerce.
There's nothing, not even in the fine print, that gives Langford a say.
This law also violates The First Amendment, which, in addition to free speech, protects the consumer's right to choose what to buy, be it a doormat, a newspaper or a luxury German SUV with leather seats, climate control and a logo on the hood that obnoxiously declares its owner to be successful.
You seem to be, uh, taking this - a little to heart.
- Well, you know what, Your Honor, I do.
The constitution and stop me if you've read it is foremost about individual freedom.
Mine, yours, everybody's.
And this philosophy of "buy American" is based on the premise of collectivism.
Excuse me? Do you have an objection, Mr.
Bertram? Oh, well, this is my first trial, so I'm not exactly sure how it should go, but isn't it supposed to be like, he asks the questions and she answers them? Or does she get to make up speeches? The objection is sustained.
What else, if anything, strikes you as illegal about this ordinance, Ms.
Korn? It's a blatant form of bigotry.
- Bigotry? - Yes.
By giving special preference to cars made by Americans? That's economic protectionism, which is per se unconstitutional.
You're judging a car not by the character of its content, but instead by where it comes from.
What if you had an ordinance that said only cars made by white people? Would that fly? You all should be ashamed of yourselves.
All right, Ms.
Korn, I think you've made your point.
Mr.
Bertram.
Hmm? Oh.
Yeah.
Um You, uh, mentioned the commerce clause.
Yeah? Uh, let's see.
Hmm.
"United States Congress" "shall have the right to regulate commerce" "with foreign nations among the states.
" You're right nothing in here about Langford.
Guess we have to give you that one.
Oh.
Except there is that necessary and proper clause.
I I could be wrong, but didn't the Supreme Court say that meant government could pass laws not granted by the constitution if they were rationally related to the common good? I think the Supreme Court would be highly suspect of any ordinance that curtailed an individual's fundamental right.
Okay, so you have a fundamental right to a Mercedes-Benz? I enjoy a fundamental right as an American consumer to choose what I buy or, in this case, rent.
Okay, uh, so your freedom to choose to drive a $100,000 SUV takes priority over a person's right to, say, uh, get a job or eat.
First of all, I don't really believe your "buy American" ordinance would provide jobs.
- That's just a fallacy.
- Okay, uh, but If you were satisfied that this ordinance would promote jobs, you would then be okay with it? No.
I think it's dangerous when government can tell us what we can and cannot buy.
But the government does it all the time, don't they? The FDA bans all kinds of products from China.
The government tells me I can't buy fireworks every Fourth of July.
Those are laws based on safety grounds.
Okay, so it is okay, then, if the government says what you can or cannot buy in some cases so long as it's a good reason say, necessary and proper? It's not that simple.
- Clearly not.
- Don't you get snide with me, you Harry.
It's one thing for a government to limit our freedom - for safety concerns, but - But it goes on.
The government limits our freedom in all kinds of ways, often on community whims.
The particular law you question today is one that can get people jobs or help a family from starving.
Is driving a Mercedes-Benz really that important to you, Ms.
Korn, that it justifies the suffering of your neighbors? Look, son, I appreciate the fact that you're sticking up for your uncle here, but he's anything but a patriot in all this.
- Trust me.
- I see.
Uh, it was F.
D.
R.
who first signed the "buy American" act to help stave off a depression.
History books called him an American hero.
Would the history books be wrong, ma'am? You let him just go on and on and on.
- What was I supposed to do? - It was like a closing argument.
- You'd already alienated yourself from the judge.
- You just sat on your hands.
- You object to the speech.
- What's going on? - Oliver here got his ass kicked by Doogie Howser.
- I did not.
- He picked her apart.
- Because you didn't object.
You just sat there while he compared Mayor Chickory to F.
D.
R.
Maybe I should just handle - No! - No! Supposed to be my damn vacation.
At first, for the violators, they might lock the parents up some.
Then they started tearing down our homes.
This to people who had more than one child.
Or single mothers.
Yes.
Then they started confiscating our children.
The Chinese government does this? Local governments.
They would sell them on the black market or just put them in orphanage which would do so.
And your child was taken when she was two years old? And we have not seen her since.
For four years, we have searched and searched and searched.
It has taken us all this time to She's been a part of our family, our home, for She is our family.
She has a sister.
How does a mother describe She's our daughter.
She's our daughter.
Okay.
Mrs.
Thomas, I think I can appreciate where you're coming from.
Is the child in the building? I take it you know why we're all here.
Yes, ma'am.
You must feel a little like you got hit by a pretty big wallop.
You doing okay? Yes, ma'am.
I hear you've got a sister.
How's she doing with all this? She's scared.
Scared of losing her little sister? - Yes, ma'am.
- Mmm.
And you're scared? What are you most scared of? Having to leave my family.
Yeah, that sure would scare me.
Seems like you got a pretty good family, too.
Well, I sure am sorry that we've had to put you through all this.
Okay, we'll hear from the experts tomorrow.
Lee doesn't have to be here for that.
Hang in there, honey, okay? We'll all get through this.
Thank you.
We'll see you tomorrow.
Lawyers hang back, please.
You make sure that your clients are getting counseling? What about you? You got yours in with a family therapist? You a parent? No, ma'am.
Either of you? No, Your Honor.
Wow.
We got two sets of parents in really good hands.
They got themselves lawyers.
Guess that's all they need.
Nothing going on here that a little litigation can't fix, right? We'll hear from the experts tomorrow, and then I'll rule.
Get out.
Obviously, the psychological effects of taking this girl out of the only home, the only family, the only country she knows, would cause long-lasting, if not irreparable damage.
Trans-racial adoption is perilous at best.
In my professional opinion, they simply do not work.
A psychological syndrome known as reactive attachment disorder These babies often grow up to suffer from major depression and separation anxiety disorders.
She's lived with them since the age of two, for God's sake.
It would be unconscionable to simply rip her from her family.
Enormous difficulty developing any racial, ethnic or cultural identity.
She may look Chinese, she may have been born there, - but she is very black-identified.
- They grow up not feeling - welcomed by any ethnic group.
- And she is from Ohio.
- And they want to be something other than they are.
- It would simply be cruel - to take her from her mother - Kids need to have a biological and ethnic relativity How could the court even be considering this? - She is six years old.
- in order to develop well emotionally.
As tragic as it would be to take her from the family she knows, the long-term benefits are in favor of her returning to China with her biological parents.
The judge will now hear from each attorney kind of a summation thing and then she'll rule.
The experts felt like kind of a wash to me, so There's really no telling.
The law is with you.
Got a second? Excuse us just one minute.
Listen, Lee the daughter her church choir is performing this afternoon.
She's invited your clients.
I don't know how you want to play it.
Come see the well-adjusted child sing in her new life? Come on.
I don't think the intent is to manipulate.
The offer is coming from the child.
But I leave it to you whether you I know it's radical, but these are radical times.
People don't have jobs.
They continue to lose their homes.
Congress won't act, so I did.
I imagine Ms.
Korn thinks your heart's in the right place, but she feels a little Well, she likes that Mercedes-Benz of hers.
This country has a trade deficit in the trillions.
Much of this 'cause our production has moved overseas.
If we could keep it here, we can create millions of new jobs, and just as importantly, over $60 billion in tax revenues.
We could flip this economy like a flapjack.
All it would take is for people to buy American-made products made by American companies.
That's all it would take.
But isn't that a little greedy or selfish? I mean, this is kind of a "me first" policy, here, isn't it? My God, we have to put us first.
We can't be loaning and investing all around the world while our own economy is going down the drainpipe.
That's like a-a drowning man passing off his life jacket.
- Well - And if you want to talk greed, it's greed that put us in this hole.
Corporations looking to squeeze out every last penny of profit started outsourcing to make their products cheaper.
Do you have any idea how many jobs that has cost us? And when you talk about cars, there's nearly three million American workers dependent on the U.
S.
auto industry, directly or indirectly.
Now, I don't care where you stand politically.
If you're on the left, you can mourn the loss of union jobs.
If you're on the right, you can mourn the loss in shareholder value and the decline of an industry that's been emblematic of American capitalism.
The fact is, the automobile industry is essential to America.
If I may quote an old slogan: "They don't need a handout, they just need a hand.
" And the "buy American" ordinance is Langford's way of lending them that hand.
Just to get a clear understanding of this policy, would you apply this principle to, say, no foreign films in your local movie houses? Look, my primary concern is manufacturing.
It's the loss of manufacturing jobs - that has brought this country to its knees.
- Okay.
What about an American company that does its manufacturing overseas, would you have a problem with that? Oh, you're damn tootin' I would.
I got a pet peeve with companies that call themselves "American" but outsource their jobs overseas.
Like, say, Apple.
All those iPads and iPhones were made in China.
No more iPhones in Langford? Look, Apple employs a lot of people here at home.
So does Toyota.
They manufacture most of their cars here.
In fact, they hire more people here than Apple.
Here's a good riddle.
A guy gets caught texting on his China-made iPhone while driving his American-made Camry.
What does he get ticketed for? Look, my policy isn't perfect.
No.
Some might call it catastrophic.
Suppose it caught on, and every town started banning foreign products.
What if countries like Japan and China and Germany figure they'll just stop importing our goods, then or worse, stop investing in the United States this country would flatline; we'd go into bankruptcy.
You ever thought about that? Look, the fact that we've become so dependent on foreign countries speaks exactly to my point.
But we are dependent.
And what's more, the health of our economy will very much turn on our ability to open up new markets abroad.
How do we convince the world to buy our products when we won't take theirs? You're a very good lawyer, Ms.
Korn, but it really comes down to this: if I buy a Ford, I get the car, and America gets the money.
If I buy a Mercedes, I get the car, but Germany gets the money.
- It's that simple.
- No, Mr.
Mayor.
It actually isn't that simple.
Trade can be very complex.
What is fairly simple is this, though: if foreign countries adopt similar policies and outlaw American goods, we all go the way of Enron.
But hey at least Enron was American, right? The courts have repeatedly said that any law motivated by economic protectionism is per se unconstitutional.
It's a flat-out violation of the commerce clause.
As economic theory, virtually every leading economist would simply laugh.
And if other countries retaliated and started banning our stuff, it'd be lights out.
And for Mayor Chickory to hang his hat here on patriotism, that's what makes me the most nauseous.
This isn't what America is.
We're the nation of inclusiveness.
We're capitalism.
We're free market.
This policy is marxism.
Ford makes a great car.
I happen to want a different one.
I shouldn't be able to make that choice because it doesn't promote the common good? I mean, really? That certainly isn't freedom.
There's nothing American about this policy.
I see traces of the Soviet Union.
I see China.
I don't see America.
Free market means best idea wins.
Sure, our economy is in the toilet.
A lot of people don't have jobs.
But that doesn't mean we just start tossing our principles overboard.
Is that the world you want? Really? Mr.
Bertram.
Well, I'm gonna be honest.
I don't want a world without individual liberties, but nor do I want one without jobs.
The Supreme Court held that the necessary and proper clause means government can make laws that are rationally related to the common welfare.
That's all we're talking about here.
We got a tire plant here in Langford.
We make tires for American cars.
The more people drive American-made cars, the better off the folks in Langford are.
That's just a fact.
Ms.
Korn talks about what it means to be American.
Well, that sort of rides on perspective.
People in Arizona and Texas got immigration problems folks in Ohio might not fully understand.
In Maine, freedom may go to how many lobster traps you can set.
In Virginia, liberty is the right to manufacture cigarettes.
That's why the federal government recognizes state sovereignty and allows each one to figure some things out for themselves.
A city lawyer in Cincinnati may not understand a small town's need to promote American-made tire sales.
I'd imagine some folks here would object to police arresting kids just for congregating, like they do in some of the Cincinnati gang neighborhoods.
Different towns, different problems.
Best we let the Cincinnati people figure out what's best for Cincinnati.
And maybe they could extend the same courtesy to us folks in Langford.
I don't get it, Harry.
You've blown your whole vacation over this? A $1,000 fine? It costs more than $1,000 to rent a Mercedes, for God's sake.
What's going on? Just think it's a bad law.
And principles are important.
More important than shooting quail? You know how I got into shooting quail? My father and I used to go hunting.
We'd go once or twice a year.
And then one day, on on my 12th birthday, he decided he was going to take me to a private club.
He had a friend who was a member.
We were both so excited.
You know, got all dressed up in proper hunting clothes, and we planned to have lunch When we got to the club, they turned us away.
'Cause we were Jewish.
We were excluded.
Because On the drive home, my father's hands were shaking.
And he just kept saying, "this isn't what America's supposed to be.
" We're becoming less and less inclusive every day, Tommy.
And it's not what America's supposed to be.
You know what galls me? It's how the American people don't want to make the slightest sacrifice.
Uh-oh, this doesn't sound good.
We just fought two wars.
One, we're still fighting.
It cost trillions of dollars.
The American people don't want to pay for it.
We don't want to pay an extra nickel in taxes.
We don't want to give up a single benefit.
You don't even want to sacrifice your right to drive a luxury Mercedes-Benz on your vacation.
It leaves me a little ill, truth be told.
We have become such a selfish, selfish people.
But I would have to agree with Ms.
Korn, in that the last thing the American people should start sacrificing is their principles.
Our most cherished commodity is freedom itself.
Banning foreign cars though I appreciate where your heart is, Mr.
Mayor, you want to help our local people feed their families it goes against our American grain.
Mine, anyway.
I hereby invalidate Langford City Ordinance number 302.
25, on the grounds that it violates the First Amendment, the commerce clause.
Give this woman back her Mercedes-Benz.
We're adjourned.
Well, well, well.
I should never doubt you, Harry.
Well, I guess the best lawyer won.
It was an honor to go up against you, Ms.
Korn.
Yeah, you can spare me all the obsequious crap.
Look, should you ever want to drop all that home-spun hoo-hah and work for me, we can talk.
You're a hell of a young lawyer.
Wow.
Coming from you? Yeah, let's leave it at that.
Ollie.
Let's blow Langford.
Let's go.
All rise.
Yeah, yeah.
Sit, sit.
Okay, Mr.
Branch.
I'll hear from you if you've got something to say that I don't already know.
I can't tell you anything you don't know, Your Honor.
Obviously, there's no easy solution here.
Whichever way you decide, there's going to be a lot of pain.
And you know that.
But I just Imagine if an American child were abducted, taken to a different country.
The parents go to that country, to get their child back, only to hear, "sorry, the child belongs here now.
" That would turn our stomachs.
The very reason we have this hague treaty is to prevent this kind of horror.
These people have spent the last four years of their life, all their money, trying trying to get their baby back.
They, uh haven't come all this way to ask you for some miracle.
Only a little justice.
It's not about them.
Or them.
It's about Lee.
Her best interest.
It cannot be in any child's best interest to remove her from the only family she knows.
Her parents, her sister, her country, which is now America.
My heart goes out to you.
I simply cannot imagine your pain here.
Or the horror that has been the last four years of your life.
If this were about you, I'd hand the child over myself.
But it's not.
It's about Lee.
I find life and the law often come down to what judge you get.
I was adopted by a white family at birth.
Did I grow up white-identified? I don't know.
Could be.
What I do know my adoptive parents were my parents.
They loved me, and I loved them right back.
And it had nothing to do with genetics.
The notion that anybody could take me away from them But I am also a mother, and if anybody had abducted my daughter I would hunt her down to the ends of the earth, wherever they took her to, for as long as it would take.
Two years, four years.
I would never stop till I got my daughter back.
I will be ordering detailed visitation rights together with my ruling.
Like I said, you're all in this together, like it or not.
I am awarding custody to the Thomases.
Mr.
and Mrs.
Chen, I am deeply sorry, but I cannot justify upending this little girl's world by I am so sorry.
I will be publishing a more detailed ruling, together with visitation, later today.
We are adjourned.
Have fun, Harry.
I don't take vacations to have fun, I take them to shoot birds.
Harry.
- Chun something, right? - Chunhua.
Wa, right.
Wa.
Hi.
How you doing? See ya.
Chunhua? Adam.
Hello.
Hi.
Hi.
What hello.
This is Jun and Yan Chen.
They're from Beijing.
Uh, Adam Branch.
- Hello.
- Nice to meet you.
They're in need of a lawyer.
They were referred to me by a friend of a friend who I thought you might be able to help them.
Okay.
What's going on? Our daughter, Min, she was stolen.
What do you mean, stolen? She was our second child, which some of the local governments have been stealing children from people who violate the one-child policy.
They put them in orphanage, which then sell them for adoption in foreign countries.
They stole our daughter from us when she was two.
We've tracked her to a family here in Ohio.
We'd like you to help us get her back.
Harry's Law 2x07 - American Girl Original air date November 9, 2011 Oh, great.
Morning, ma'am.
It was.
License and registration, please, ma'am.
May I ask why you pulled me over? I was only going 30.
The speed limit is 35.
Ma'am, back at that last mile-marker, you crossed into the Langford City limits.
Yes, that's been known to happen occasionally when one's destination is Langford.
Well, you're also in violation of Langford City Ordinance number 302.
25.
Okay.
You want to tell me what that is? The "buy American" ordinance.
No foreign automobiles may be owned, driven or parked in the town of Langford.
Notice was published in all local papers, plus it's clearly marked on our borders.
No foreign cars? Is this a joke? Would you step out of the car, please, ma'am? Why? We'll have to impound your car, ma'am.
Like hell you will.
Step out of the car, ma'am.
Look, Barney, I happen to be a lawyer, okay? So if this is some kind of scam where you think I'll need you to step out of the car, ma'am.
Try to get this.
I'm white, I'm rich, and I'm republican.
That makes it legal for me to mistake you for a quail.
What do you mean, she threatened to shoot him? She said she hinted at it.
- Give me the keys to your car.
- What? I can't take mine; it's a Porsche.
Let me borrow yours to go pick her up.
Maybe I should go.
Tommy, no.
Just give me your keys.
Please.
What complicates this is that she's been here for four years.
She may have settled into a new life.
The courts will ultimately consider what's in the best interests of the child She's our daughter.
She was stolen from us.
I understand, but The adoptive couples often have no idea.
They think they're legitimately adopting a child.
And since the girl has been here four years, they've been her parents longer than you have.
Well, that was easy enough.
Mother's on Facebook.
Seems she posted the kid's life story.
How did you get on their Facebook? You don't want to know.
They seem to be on the up-and-up.
Private adoption, they gave about This is Min.
Are you sure? It's her.
I know her eyes.
Okay, this is what she looked like when she was first adopted.
That's our baby.
You need to get her back.
You need to get her back.
I did not threaten to shoot the guy.
I simply made a topical reference to a hunting mishap.
Turns out he reads.
Who knew? I say we pay the thousand bucks and we get out of here.
They've agreed that if you I'm not paying that fine.
It's a ridiculous law, Oliver.
- Don't you want to go hunting? - I do, but I'm not paying that fine! Ms.
Korn? My name is Connor Bertram.
I'm the attorney for the town of Langford.
City attorney? Mm-hmm.
How old are you? I'm 23.
You're the city attorney? Yes, sir.
My uncle's the mayor, so I had connections.
Look, I'm real sorry about all this.
Yeah, well, just give me my damn car back.
And you can reimburse me for that half day of hunting I paid.
Oh, I'm afraid we can't dismiss it, ma'am.
The law is the law.
Listen, kid, do you know who this is? This is Harry Korn.
I know that, sir, and trust me, I don't want to be taking her on.
How many trials have you had, son? Well, nearing it off to the closest zero, zero.
I just passed the bar in July.
And you really want to start off with this one? No.
The idea terrifies me, truth be told.
Which is why I'm really hoping you'll pay the fine.
My uncle kind of terrifies me, too.
Well, I won't be paying any fine.
It's a dumb ordinance.
Seems you got a dumb mayor.
Oh, dear.
Mr.
Thomas? My name is Adam Branch.
This is Cassie Reynolds.
Could we come in for a minute? She was taken to the orphanage.
From there, she found her way to several adoption agencies, the last of which you dealt with.
We were told the parents were dead.
Yeah.
They're not.
It's likely that the orphanage reported the parents as being deceased, but they're not.
So what's going on? They hired you? Mom! She had the TV for an hour! You had it for an hour before that.
Only, like, for 20 minutes! Plus you had it all day yesterday! You know I watch Action Jackson every single Monday! Hey, hey, hey.
We have guests.
And you're both being rude.
This is Mr.
Branch and Ms.
Reynolds.
Our daughters Lee and Darlene.
- Hi.
- Hello.
- Hi.
- Nice to meet you.
How much more for Action Jackson? - Ten minutes.
- No, 20 minutes.
Commercials don't count.
- Yes they do.
- All right, all right, all right.
Look, you let her finish, then you get to watch for an hour, and that's enough television for both of you, okay? Now if you please excuse us.
You started it.
No, I did not.
Sorry.
They're sort of like Irish twins.
They're very close but sometimes very combative.
Yeah, my brother and I were a lot like Mr.
Branch, I don't mean to be rude.
But why exactly are you here? Lee's biological parents have come to the United States.
To reclaim their child.
What? They want the child back.
You must be That's impossible.
What do you mean, they want her back? That's why they've hired us.
We wanted to meet you in person, given the delicacy of the situation.
We're going to be bringing a motion in Superior Court tomorrow on behalf of the biological parents.
Given the sensitivity of this matter, we didn't want to just send a subpoena.
A motion in court to take her away from us? To return the child to the biological parents.
Whole thing is like a nightmare.
I can't even sneak off to shoot a few quail without Ms.
Korn? Connor Bertram.
We met yesterday.
Yes, I do remember.
I'm not as old as I look.
Mayor Franklin Chickory.
It's a pleasure, ma'am.
Connor, why don't you go prep, my good man, so I can get to know our worthy adversary.
Yes, sir.
We'll see you inside.
Sorry, I don't believe I caught your name.
Oliver Richard.
A pleasure, sir.
First of all, let me welcome you both to Langford.
Now, Ms.
Korn, I understand you've graced us before to fill some of our finer birds with buckshot, have you? Um, I don't handle homespun too well, Mr.
Chickory.
I'm only here right now because you people have inconvenienced me with this ridiculous law.
Well, I can see that you are one very feisty woman.
The funny thing is you remind me of the people of Langford somewhat.
You know, our original homesteaders included a lot of women such as yourself who took up arms with their husbands and fought off the Indians.
Of course, the Indians weren't nearly the threat as, say, foreign-made automobiles.
Uh, you mind connecting the dots for me on that one? Well, in case you haven't noticed, we're in the midst of a terrible recession.
We need jobs.
Now, I'd like to ride around in a Mercedes-Benz as much as you.
But this is not the time to be promoting employment in foreign countries.
We all need to do our share.
Langford does its, I'm doing mine.
Now, what are you doing, Ms.
Korn, besides riding around in your big ol' Mercedes Benz? Obviously, this is a very difficult and delicate situation.
But America and China are both signatories to the Hague Inter-Country Adoption Convention Both sides agree this child was abducted? We have no foundation to dispute the account given by the biological parents.
We know this goes on.
But there has been no suggestion, nor could there be, that my clients acted in any unlawful manner or that they didn't observe all proper adoption protocol.
Counsel, have you found any evidence to suggest that the adoptive parents are guilty of any wrongdoing? No, Your Honor.
On its face, we will stipulate that this appears to be a valid and lawful adoption.
And the child has been here with this couple - for four years? - That's correct.
Have you all gotten together with the child? The attorneys have met briefly with the child, but My question is, have you all sat down and tried to work this out? No, Your Honor.
You just lawyered up and charged into court? All right.
Let me tell you how this is going to go down.
I'll hear from your side, then yours, but you all need to get this right now.
Those are the biological parents.
You cannot change that.
And you need to get this.
This little girl has been raised by them since the age of two.
They're a part of her life.
A big part.
Like it or not, you're all in this pot.
One side does not get to erase the other.
You understand me? The five of you will likely be in each other's lives forever.
So, before we even begin, you all need to get in a room.
You understand me? This isn't chattel here.
We're talking about a child.
The room will be sealed.
We'll see you all back here at 2:00.
Adjourned.
What fun.
Min.
She doesn't remember Chinese.
Remember me, Min? Your father.
Please understand.
She thought that she thought that you were no longer alive.
And she's very glad that you are, but this has been very overwhelming.
She hasn't quite processed that, uh and she goes by the name Lee now.
Lee? We have missed you so much.
We have, uh Look, I generally prefer to buy American.
I, in fact, own a Cadillac, but for this trip, I rented a four-wheel drive to be taking off-road.
One with surround sound, satellite radio.
All right, fine.
Can't you just switch it out for a Ford? I mean, what's so wrong with a city ordinance that says "buy American?" Is that really a crime? It sure as hell would be to our founding fathers.
It's unconstitutional.
- How so? - Well, let's start with article one, which says only the United States Congress gets to regulate commerce.
There's nothing, not even in the fine print, that gives Langford a say.
This law also violates The First Amendment, which, in addition to free speech, protects the consumer's right to choose what to buy, be it a doormat, a newspaper or a luxury German SUV with leather seats, climate control and a logo on the hood that obnoxiously declares its owner to be successful.
You seem to be, uh, taking this - a little to heart.
- Well, you know what, Your Honor, I do.
The constitution and stop me if you've read it is foremost about individual freedom.
Mine, yours, everybody's.
And this philosophy of "buy American" is based on the premise of collectivism.
Excuse me? Do you have an objection, Mr.
Bertram? Oh, well, this is my first trial, so I'm not exactly sure how it should go, but isn't it supposed to be like, he asks the questions and she answers them? Or does she get to make up speeches? The objection is sustained.
What else, if anything, strikes you as illegal about this ordinance, Ms.
Korn? It's a blatant form of bigotry.
- Bigotry? - Yes.
By giving special preference to cars made by Americans? That's economic protectionism, which is per se unconstitutional.
You're judging a car not by the character of its content, but instead by where it comes from.
What if you had an ordinance that said only cars made by white people? Would that fly? You all should be ashamed of yourselves.
All right, Ms.
Korn, I think you've made your point.
Mr.
Bertram.
Hmm? Oh.
Yeah.
Um You, uh, mentioned the commerce clause.
Yeah? Uh, let's see.
Hmm.
"United States Congress" "shall have the right to regulate commerce" "with foreign nations among the states.
" You're right nothing in here about Langford.
Guess we have to give you that one.
Oh.
Except there is that necessary and proper clause.
I I could be wrong, but didn't the Supreme Court say that meant government could pass laws not granted by the constitution if they were rationally related to the common good? I think the Supreme Court would be highly suspect of any ordinance that curtailed an individual's fundamental right.
Okay, so you have a fundamental right to a Mercedes-Benz? I enjoy a fundamental right as an American consumer to choose what I buy or, in this case, rent.
Okay, uh, so your freedom to choose to drive a $100,000 SUV takes priority over a person's right to, say, uh, get a job or eat.
First of all, I don't really believe your "buy American" ordinance would provide jobs.
- That's just a fallacy.
- Okay, uh, but If you were satisfied that this ordinance would promote jobs, you would then be okay with it? No.
I think it's dangerous when government can tell us what we can and cannot buy.
But the government does it all the time, don't they? The FDA bans all kinds of products from China.
The government tells me I can't buy fireworks every Fourth of July.
Those are laws based on safety grounds.
Okay, so it is okay, then, if the government says what you can or cannot buy in some cases so long as it's a good reason say, necessary and proper? It's not that simple.
- Clearly not.
- Don't you get snide with me, you Harry.
It's one thing for a government to limit our freedom - for safety concerns, but - But it goes on.
The government limits our freedom in all kinds of ways, often on community whims.
The particular law you question today is one that can get people jobs or help a family from starving.
Is driving a Mercedes-Benz really that important to you, Ms.
Korn, that it justifies the suffering of your neighbors? Look, son, I appreciate the fact that you're sticking up for your uncle here, but he's anything but a patriot in all this.
- Trust me.
- I see.
Uh, it was F.
D.
R.
who first signed the "buy American" act to help stave off a depression.
History books called him an American hero.
Would the history books be wrong, ma'am? You let him just go on and on and on.
- What was I supposed to do? - It was like a closing argument.
- You'd already alienated yourself from the judge.
- You just sat on your hands.
- You object to the speech.
- What's going on? - Oliver here got his ass kicked by Doogie Howser.
- I did not.
- He picked her apart.
- Because you didn't object.
You just sat there while he compared Mayor Chickory to F.
D.
R.
Maybe I should just handle - No! - No! Supposed to be my damn vacation.
At first, for the violators, they might lock the parents up some.
Then they started tearing down our homes.
This to people who had more than one child.
Or single mothers.
Yes.
Then they started confiscating our children.
The Chinese government does this? Local governments.
They would sell them on the black market or just put them in orphanage which would do so.
And your child was taken when she was two years old? And we have not seen her since.
For four years, we have searched and searched and searched.
It has taken us all this time to She's been a part of our family, our home, for She is our family.
She has a sister.
How does a mother describe She's our daughter.
She's our daughter.
Okay.
Mrs.
Thomas, I think I can appreciate where you're coming from.
Is the child in the building? I take it you know why we're all here.
Yes, ma'am.
You must feel a little like you got hit by a pretty big wallop.
You doing okay? Yes, ma'am.
I hear you've got a sister.
How's she doing with all this? She's scared.
Scared of losing her little sister? - Yes, ma'am.
- Mmm.
And you're scared? What are you most scared of? Having to leave my family.
Yeah, that sure would scare me.
Seems like you got a pretty good family, too.
Well, I sure am sorry that we've had to put you through all this.
Okay, we'll hear from the experts tomorrow.
Lee doesn't have to be here for that.
Hang in there, honey, okay? We'll all get through this.
Thank you.
We'll see you tomorrow.
Lawyers hang back, please.
You make sure that your clients are getting counseling? What about you? You got yours in with a family therapist? You a parent? No, ma'am.
Either of you? No, Your Honor.
Wow.
We got two sets of parents in really good hands.
They got themselves lawyers.
Guess that's all they need.
Nothing going on here that a little litigation can't fix, right? We'll hear from the experts tomorrow, and then I'll rule.
Get out.
Obviously, the psychological effects of taking this girl out of the only home, the only family, the only country she knows, would cause long-lasting, if not irreparable damage.
Trans-racial adoption is perilous at best.
In my professional opinion, they simply do not work.
A psychological syndrome known as reactive attachment disorder These babies often grow up to suffer from major depression and separation anxiety disorders.
She's lived with them since the age of two, for God's sake.
It would be unconscionable to simply rip her from her family.
Enormous difficulty developing any racial, ethnic or cultural identity.
She may look Chinese, she may have been born there, - but she is very black-identified.
- They grow up not feeling - welcomed by any ethnic group.
- And she is from Ohio.
- And they want to be something other than they are.
- It would simply be cruel - to take her from her mother - Kids need to have a biological and ethnic relativity How could the court even be considering this? - She is six years old.
- in order to develop well emotionally.
As tragic as it would be to take her from the family she knows, the long-term benefits are in favor of her returning to China with her biological parents.
The judge will now hear from each attorney kind of a summation thing and then she'll rule.
The experts felt like kind of a wash to me, so There's really no telling.
The law is with you.
Got a second? Excuse us just one minute.
Listen, Lee the daughter her church choir is performing this afternoon.
She's invited your clients.
I don't know how you want to play it.
Come see the well-adjusted child sing in her new life? Come on.
I don't think the intent is to manipulate.
The offer is coming from the child.
But I leave it to you whether you I know it's radical, but these are radical times.
People don't have jobs.
They continue to lose their homes.
Congress won't act, so I did.
I imagine Ms.
Korn thinks your heart's in the right place, but she feels a little Well, she likes that Mercedes-Benz of hers.
This country has a trade deficit in the trillions.
Much of this 'cause our production has moved overseas.
If we could keep it here, we can create millions of new jobs, and just as importantly, over $60 billion in tax revenues.
We could flip this economy like a flapjack.
All it would take is for people to buy American-made products made by American companies.
That's all it would take.
But isn't that a little greedy or selfish? I mean, this is kind of a "me first" policy, here, isn't it? My God, we have to put us first.
We can't be loaning and investing all around the world while our own economy is going down the drainpipe.
That's like a-a drowning man passing off his life jacket.
- Well - And if you want to talk greed, it's greed that put us in this hole.
Corporations looking to squeeze out every last penny of profit started outsourcing to make their products cheaper.
Do you have any idea how many jobs that has cost us? And when you talk about cars, there's nearly three million American workers dependent on the U.
S.
auto industry, directly or indirectly.
Now, I don't care where you stand politically.
If you're on the left, you can mourn the loss of union jobs.
If you're on the right, you can mourn the loss in shareholder value and the decline of an industry that's been emblematic of American capitalism.
The fact is, the automobile industry is essential to America.
If I may quote an old slogan: "They don't need a handout, they just need a hand.
" And the "buy American" ordinance is Langford's way of lending them that hand.
Just to get a clear understanding of this policy, would you apply this principle to, say, no foreign films in your local movie houses? Look, my primary concern is manufacturing.
It's the loss of manufacturing jobs - that has brought this country to its knees.
- Okay.
What about an American company that does its manufacturing overseas, would you have a problem with that? Oh, you're damn tootin' I would.
I got a pet peeve with companies that call themselves "American" but outsource their jobs overseas.
Like, say, Apple.
All those iPads and iPhones were made in China.
No more iPhones in Langford? Look, Apple employs a lot of people here at home.
So does Toyota.
They manufacture most of their cars here.
In fact, they hire more people here than Apple.
Here's a good riddle.
A guy gets caught texting on his China-made iPhone while driving his American-made Camry.
What does he get ticketed for? Look, my policy isn't perfect.
No.
Some might call it catastrophic.
Suppose it caught on, and every town started banning foreign products.
What if countries like Japan and China and Germany figure they'll just stop importing our goods, then or worse, stop investing in the United States this country would flatline; we'd go into bankruptcy.
You ever thought about that? Look, the fact that we've become so dependent on foreign countries speaks exactly to my point.
But we are dependent.
And what's more, the health of our economy will very much turn on our ability to open up new markets abroad.
How do we convince the world to buy our products when we won't take theirs? You're a very good lawyer, Ms.
Korn, but it really comes down to this: if I buy a Ford, I get the car, and America gets the money.
If I buy a Mercedes, I get the car, but Germany gets the money.
- It's that simple.
- No, Mr.
Mayor.
It actually isn't that simple.
Trade can be very complex.
What is fairly simple is this, though: if foreign countries adopt similar policies and outlaw American goods, we all go the way of Enron.
But hey at least Enron was American, right? The courts have repeatedly said that any law motivated by economic protectionism is per se unconstitutional.
It's a flat-out violation of the commerce clause.
As economic theory, virtually every leading economist would simply laugh.
And if other countries retaliated and started banning our stuff, it'd be lights out.
And for Mayor Chickory to hang his hat here on patriotism, that's what makes me the most nauseous.
This isn't what America is.
We're the nation of inclusiveness.
We're capitalism.
We're free market.
This policy is marxism.
Ford makes a great car.
I happen to want a different one.
I shouldn't be able to make that choice because it doesn't promote the common good? I mean, really? That certainly isn't freedom.
There's nothing American about this policy.
I see traces of the Soviet Union.
I see China.
I don't see America.
Free market means best idea wins.
Sure, our economy is in the toilet.
A lot of people don't have jobs.
But that doesn't mean we just start tossing our principles overboard.
Is that the world you want? Really? Mr.
Bertram.
Well, I'm gonna be honest.
I don't want a world without individual liberties, but nor do I want one without jobs.
The Supreme Court held that the necessary and proper clause means government can make laws that are rationally related to the common welfare.
That's all we're talking about here.
We got a tire plant here in Langford.
We make tires for American cars.
The more people drive American-made cars, the better off the folks in Langford are.
That's just a fact.
Ms.
Korn talks about what it means to be American.
Well, that sort of rides on perspective.
People in Arizona and Texas got immigration problems folks in Ohio might not fully understand.
In Maine, freedom may go to how many lobster traps you can set.
In Virginia, liberty is the right to manufacture cigarettes.
That's why the federal government recognizes state sovereignty and allows each one to figure some things out for themselves.
A city lawyer in Cincinnati may not understand a small town's need to promote American-made tire sales.
I'd imagine some folks here would object to police arresting kids just for congregating, like they do in some of the Cincinnati gang neighborhoods.
Different towns, different problems.
Best we let the Cincinnati people figure out what's best for Cincinnati.
And maybe they could extend the same courtesy to us folks in Langford.
I don't get it, Harry.
You've blown your whole vacation over this? A $1,000 fine? It costs more than $1,000 to rent a Mercedes, for God's sake.
What's going on? Just think it's a bad law.
And principles are important.
More important than shooting quail? You know how I got into shooting quail? My father and I used to go hunting.
We'd go once or twice a year.
And then one day, on on my 12th birthday, he decided he was going to take me to a private club.
He had a friend who was a member.
We were both so excited.
You know, got all dressed up in proper hunting clothes, and we planned to have lunch When we got to the club, they turned us away.
'Cause we were Jewish.
We were excluded.
Because On the drive home, my father's hands were shaking.
And he just kept saying, "this isn't what America's supposed to be.
" We're becoming less and less inclusive every day, Tommy.
And it's not what America's supposed to be.
You know what galls me? It's how the American people don't want to make the slightest sacrifice.
Uh-oh, this doesn't sound good.
We just fought two wars.
One, we're still fighting.
It cost trillions of dollars.
The American people don't want to pay for it.
We don't want to pay an extra nickel in taxes.
We don't want to give up a single benefit.
You don't even want to sacrifice your right to drive a luxury Mercedes-Benz on your vacation.
It leaves me a little ill, truth be told.
We have become such a selfish, selfish people.
But I would have to agree with Ms.
Korn, in that the last thing the American people should start sacrificing is their principles.
Our most cherished commodity is freedom itself.
Banning foreign cars though I appreciate where your heart is, Mr.
Mayor, you want to help our local people feed their families it goes against our American grain.
Mine, anyway.
I hereby invalidate Langford City Ordinance number 302.
25, on the grounds that it violates the First Amendment, the commerce clause.
Give this woman back her Mercedes-Benz.
We're adjourned.
Well, well, well.
I should never doubt you, Harry.
Well, I guess the best lawyer won.
It was an honor to go up against you, Ms.
Korn.
Yeah, you can spare me all the obsequious crap.
Look, should you ever want to drop all that home-spun hoo-hah and work for me, we can talk.
You're a hell of a young lawyer.
Wow.
Coming from you? Yeah, let's leave it at that.
Ollie.
Let's blow Langford.
Let's go.
All rise.
Yeah, yeah.
Sit, sit.
Okay, Mr.
Branch.
I'll hear from you if you've got something to say that I don't already know.
I can't tell you anything you don't know, Your Honor.
Obviously, there's no easy solution here.
Whichever way you decide, there's going to be a lot of pain.
And you know that.
But I just Imagine if an American child were abducted, taken to a different country.
The parents go to that country, to get their child back, only to hear, "sorry, the child belongs here now.
" That would turn our stomachs.
The very reason we have this hague treaty is to prevent this kind of horror.
These people have spent the last four years of their life, all their money, trying trying to get their baby back.
They, uh haven't come all this way to ask you for some miracle.
Only a little justice.
It's not about them.
Or them.
It's about Lee.
Her best interest.
It cannot be in any child's best interest to remove her from the only family she knows.
Her parents, her sister, her country, which is now America.
My heart goes out to you.
I simply cannot imagine your pain here.
Or the horror that has been the last four years of your life.
If this were about you, I'd hand the child over myself.
But it's not.
It's about Lee.
I find life and the law often come down to what judge you get.
I was adopted by a white family at birth.
Did I grow up white-identified? I don't know.
Could be.
What I do know my adoptive parents were my parents.
They loved me, and I loved them right back.
And it had nothing to do with genetics.
The notion that anybody could take me away from them But I am also a mother, and if anybody had abducted my daughter I would hunt her down to the ends of the earth, wherever they took her to, for as long as it would take.
Two years, four years.
I would never stop till I got my daughter back.
I will be ordering detailed visitation rights together with my ruling.
Like I said, you're all in this together, like it or not.
I am awarding custody to the Thomases.
Mr.
and Mrs.
Chen, I am deeply sorry, but I cannot justify upending this little girl's world by I am so sorry.
I will be publishing a more detailed ruling, together with visitation, later today.
We are adjourned.