Suits s05e15 Episode Script
Tick Tock
1 Previously on "Suits" I don't owe Harvey shit.
He may have gotten me out, but he done came and put me in there in the first place.
You're right, you don't owe Harvey, but you do owe me because I didn't have anything to do with putting you in there, but I broke the law to get you out.
I came here to compliment you on getting rid of Sheila's ass.
If she's not back by the start of trial, I'm gonna assume you want to be brought up on charges.
I just stopped by to give you this restraining order preventing you from contacting Louis Litt.
You're done driving a wedge between me and my people.
If I represent myself, every second I'm up there they're gonna see me as a lawyer.
And if she rattles you for one of those goddamn seconds, they're gonna see you as a fraud and they're never gonna see you as anything else.
Did Mike Ross go to Harvard Law School or not? I'd like to assert my Fifth Amendment right.
If I was on that jury, I'd find you guilty.
They're not gonna let me change my goddamn lawyer in the middle of a trial.
We need to figure out a way to make them, 'cause if we don't, we're gonna lose.
You have one last chance to save yourself.
Call me before it's too late.
Okay, so we have a plan for you to start representing yourself.
We just need a way to rattle Gibbs when we execute it.
I have a way, but you're not gonna like it.
I'm gonna call Clifford Danner to the stand.
No way, it's too risky.
- Harvey, listen to me - He's angry and volatile and in case you forgot, he's one of the people you were dumb enough to tell your secret to.
I know all of that, but you said it yourself, we need sympathy, and no one is gonna get us more sympathy than the innocent guy we got out of prison.
Harvey, you said I needed to do this.
Well, this is how I do it.
[tense music.]
Do you have faith in me or not? [door opens.]
Mrs.
Gloria Danner? - Yes.
- Hi, my name is Mike Ross.
I'm a lawyer at Pearson Specter Litt and I was hoping I know who you are, and I know what you're doing here.
You've come to get Clifford to testify for you, but I'm afraid he's not going to.
Please, ma'am, I promise you, the DA cannot reopen his case I'm not talking about the district attorney.
My son's dead, Mr.
Ross.
- What? - Clifford was shot and killed three weeks ago, so I'm sorry, he can't help you.
- Hello? - Are you in the office? It's Thursday night.
I'm watching my show.
Well, then goddamn Tivo it because I need your help.
It better be important if you're taking that tone with me.
And if this is about that mah-jongg game I don't give a shit if it's mah-jongg or kung pao or Chinese checkers.
This is the most important thing that I'm ever gonna ask you to do in your entire life.
Give me an order.
I need you to pull whatever strings you have to get me a transcript of Mike's trial and I need you to keep it to yourself.
Mind if I ask what you need it for? Because I need to know if we have a snowball's chance in hell of winning this thing.
Is defense ready to call its first witness? - I am, Your Honor.
- What? I'm calling my witness.
Does prosecution have a problem with that? Objection, this is outrageous, Your Honor.
They can't switch attorneys in the middle of a trial.
And that would be true except for the fact that I've been co-counsel on this case from day one.
Co-counsel? What planer are you living on? The one where Pearson Specter Litt is my attorney of record.
I have the employee directory right here.
My name is in it.
It's been there since the beginning of this trial, and if you wanted to object to me, you would have had to have done it at the beginning of this trial.
Then I want them waiving all rights to a mistrial and I want it in the record.
Your Honor, I'm not gonna be punished just because she didn't understand that I've been representing myself this whole time.
He's got a point, Ms.
Gibbs.
Then I want them waiving all rights to a mistrial based on him representing himself.
My pleasure, Your Honor, 'cause I don't expect we'll be needing a mistrial at all.
Then call your first witness.
Defense would like to call Gloria Danner to the stand.
Please state your name for the jury.
Gloria Danner.
Mrs.
Danner, a number of years ago, your son Clifford was convicted of murder and sentenced to prison, is that right? Yes.
For a crime he didn't commit.
How do you know he didn't commit it if he was convicted of it? Because you proved he didn't.
Mrs.
Danner, can you tell the jury why it is that you're here today testifying and not your son Clifford? He was working late at the diner.
It was the only place he could get a job when he got out.
Two men came in to rob the place, and when Clifford tried to stop them, he was shot and killed.
[somber music.]
I'm so sorry.
[crying.]
I worked my whole life to put him through school and he ends up dying in the back of that shit restaurant in that shit part of town.
Can you tell the jury why you agreed to come share your story for me today? Prison ruined Clifford's life And if you had been our lawyer from day one, he never would have been convicted in the first place.
Thank you, Gloria.
No more questions, Your Honor.
Mrs.
Danner, I happen to be familiar with your son's case.
and I understand that in order to reopen it, Mr.
Ross risked increasing his sentence to life.
That's correct.
Well, I'd like to know how you'd have felt if he lost that gamble.
I'd have been devastated.
And if that happened, how would you have felt if you then found out that Mr.
Ross wasn't even a lawyer after all? Objection, Your Honor, how many hypotheticals can she ask? That's okay.
I think everybody in this courtroom knows how they would feel.
No more questions, Your Honor.
I wouldn't have cared what a piece of paper had to say, because Mr.
Ross is the only lawyer I ever ran into that ever gave a damn about my son.
Mr.
Ross, would you care to call your next witness? I can't imagine anyone being more eloquent than that, Your Honor.
Defense rests.
See the money, wanna stay for your meal Get another piece of pie for your wife Everybody wanna know how it feel Everybody wanna see what it's like I'll even eat a bean pie, I don't mind Me and Missy is so busy, busy making money All right All step back, I'm 'bout to dance Suits 5x15 Tick Tock The greenback boogie @elderman - [sighs.]
- Having trouble with your closing? No, it's just part of the process.
Would it make you feel better if I told you that I have never felt more proud of my future husband than I did watching you up there today? Yes, it would.
Good.
Because I want to talk to you about your closing.
Ugh.
Don't tell me you want me to go with jury nullification.
There is nothing wrong with getting a jury to sympathize with you, and, Mike, your parents died in a car accident.
Who isn't gonna feel for a person like that? Rachel, the only problem with me saying, "Let me off because tragedy struck me as a child" is I've pretty much admitted that I'm guilty.
No, the difference is that that accident is the reason that you wanted to become a lawyer in the first place.
And they won't just understand it, they will love you for it.
How can you know that? Because I love you for it.
Tell them your story and I am telling you, they'll let you go.
[soft music.]
Louis, you wanted to see me? Yeah, that was hours ago.
We need to talk.
We need to talk right now.
- About what? - About the fact that Mike Ross is all of a sudden representing himself.
And why exactly do we need to talk about that? Because it means Harvey thinks he's gonna lose.
You wanna walk me through that logic? Harvey's never given up control of a case in his life, and if he's doing that now, it means he wants that loss on Mike's record.
Louis, at a time like this, Harvey doesn't care about records.
Bullshit.
I read the transcript backwards and forwards.
He thinks he's gonna lose.
Louis, what's really going on here? I'll tell you what's going on.
If Harvey thinks we're gonna lose, then we'll lose, and if that happens, you know who Gibbs is coming after next.
Louis, we will deal with that when and if she does, but I am telling you, Harvey letting Mike take the reins is not him giving up.
It's him growing up and realizing he is not the one to bring this home.
Do you want to talk about it? Talk about what? Oh, I don't know, maybe the fact that Mike is working on a closing to keep himself out of jail and you're not working on it with him.
There's nothing for me to do, Donna.
It's in his hands.
In his hands? Harvey, that was a trial maneuver.
It doesn't mean you can't help him when he needs you.
- He doesn't need me.
- He needs you more than ever.
No, he doesn't, and it's time for him to put the clipboard down and get in the game.
- Harvey - Donna, this wasn't just some move to slip testimony in.
This is Mike's life.
It's his story and he needs to be the one to tell it.
Everything he's done up until now has prepared him for this, and I'm telling you, he's ready for it.
Is defense ready for closing statements? Mike? You okay? Mr.
Ross? Oh, uh, yes, Your Honor.
Um, ladies and gentleman of the jury, I think most of us [sighs.]
[tense music.]
You guys heard evidence earlier in the trial that I have a photographic memory, and I do, but the way it works I don't just take a snapshot of something.
See, I read it and then I understand it, and once I understand it, then I never forget it, but I've been trying to memorize my speech, but I can't because it's bullshit, because I I am bullshit.
You see, the truth is, is that I am guilty of being a fraud.
My whole life I have wanted to be a lawyer so that I could help people like Clifford Danner.
People who have no one else to fight for them.
No one who believes in them, but instead, all I've done as a lawyer is work night and day to put money into the hands of rich people.
I was given a gift and I wasted it, and I'm ashamed of myself.
And and as a final insult, I paraded this mourning woman out in front of you just as a way to get you to admire me.
I am so sorry, Gloria.
- [mouthing.]
- And all I can say is that I promise you, whether these people find me innocent or not, I am gonna spend the rest of my life fighting for the Clifford Danners of this world.
I will not waste that gift again.
You could believe it or not, but I am a lawyer, and I always will be.
Thank you.
Well, it's an interesting thing, really, how criminals can play with our emotions.
Mike Ross is articulate and persuasive and passionate and listening to his closing argument, I almost want to let him go myself, except for one thing: He's a liar.
He didn't commute to Harvard one day a week as he so laughably claims.
He didn't go to college.
There is no paper record of his enrollment, no applications to law school, no picture in the yearbook, no class rankings, no one at all who even remembers him.
Except for that one indebted friend with a lot to lose, and if you believe his testimony, I got a bridge over Brooklyn I'd like to sell you.
And whether he says it or not, he's banking on the fact that you are gonna think this is a victimless crime, but if you acquit him, you are giving permission to everyone to say [voices reverberating.]
"Hey, I'm gonna pretend "to be a lawyer.
"I think I'm gonna say I'm a doctor.
"Hell, you know what? Today, I'm gonna pose as a pilot.
" Imagine if one day you woke up on the operating table to discover the man who was about to crack open your chest is not really a doctor.
Guilty.
Guilty.
Guilty.
Make no mistake about it, Mike Ross thinks he's better than you.
He thinks he doesn't have to play by the same rules, but we know he does because, ladies and gentleman of the jury, Mike Ross [dark music.]
Is a fraud.
Mike Mike [voices return to normal.]
Mike.
She was good, Harvey.
- Yeah, so were you.
- You were great.
She was better.
Everything she said was true and the jury knows it.
No they don't.
Look, ever since the day I met you, you have always seen the good in people, and we only need one person on the jury to feel that way about you.
- And what if they don't? - It doesn't matter because we can't do anything about it anyways.
So, let's get out of here.
- I can't.
- What do you mean you can't? I mean, I can't leave until that jury comes back.
Mike, they might not come back for days.
I don't know what to tell you, Harvey, but I can't leave here.
It's okay, Harvey.
[tense music.]
Look, Mike, if we really don't have time, I don't want to waste it here.
Rachel, if I leave, all I'm gonna be thinking about is what's happening in that jury room.
Then I am going to go and get us some food and we're gonna have a bite to eat because I'm not gonna let this time go to waste.
Okay.
[indistinct chatter.]
- What? - What do you mean what? I want to know what you think.
I think I saw a heavyweight fight that's gonna come down to the goddamn cards.
You see it any different? What I see is my fate in the hands of a jury, and I don't like it.
Why the hell do you think I cut so many deals instead of going to trial? Well, the only deal that Gibbs is going to cut is the one that hangs us out to dry.
And I don't know about you, but I don't feel like just sitting by while this thing goes to verdict.
You think I do? Look, there's no other w [soft music.]
Hold on a second.
We could go get us a mistrial.
What good would that do? A mistrial's just gonna kick the can down the road till Mike gets tried again.
Listen to me.
When Mike wanted to represent himself, Gibbs jumped out of her chair saying that we were trying to get a mistrial.
Then she demanded we waive our rights to one completely.
And the only reason she'd do that is because she doesn't have authorization to try this case again.
Which means, a mistrial isn't just kicking the can down the road.
No, it's blowing it to kingdom come.
The only problem is, we don't have grounds for a mistrial.
Well, then you better go out and find some.
And you better do it before that jury comes back.
That's what I'm trying to tell you.
My lawyer's not here.
That's not my problem.
Then why did he tell me that if I told you he couldn't make it, you'd give me a continuance or something? I'll tell you what I'll do, Mr.
Diaz.
Since Perkins isn't here, I'll help you out.
Instead of going to trial and winding up with a five year sentence, I'll let you cop to three and a half right here.
Five years? We stole some TVs.
For the third time, and that's five years.
I was only driving the car, man.
Then you can drive yourself to prison, man, but I'm not giving you a continuance.
Hey, I'm sorry to interrupt, but he doesn't give you a continuance, the judge does.
And you're entitled to one automatically if this is the first time your attorney didn't show.
- And who the hell are you? -That's not your concern.
And this is not your concern.
Yeah, well, I'm making it my concern since I don't like watching prosecutors take advantage of unrepresented defendants.
All I'm doing is offering the man a deal.
I'm not taking advantage.
That is bullshit.
You know full well his lawyer didn't tell him to ask you for a continuance.
He told him to ask the judge for one.
Now you're gonna try and bully him into three and a half years for what sounds to me like a simple misdemeanor theft.
You don't know shit about this case.
Well, I'm about to.
Hand over the case file.
I don't have to give you anything.
You're not his attorney.
Mr.
Diaz, my name is Mike Ross.
Now, do you want me to represent you or do you want to stick with this asshole Perkins who didn't even show up to your hearing? He's my lawyer.
Donna, I need your help and I need it right now.
What's going on? Is the jury back? No, I need to know if Stephanie Liston still works at the U .
S.
Attorney's Office.
She does, why? I need the names of the jurors.
Harvey, if you're even thinking about tampering No, I'm not thinking of tampering with the jury.
I just need to find grounds for a mistrial.
A mistrial? You told Mike he killed it.
Was that a lie? - No, it wasn't.
- Then why are you so suddenly having doubts? It's called hedging.
No, it is called breaking the law and I don't want any part of it.
Goddamn it, Donna.
I'm trying to protect Mike.
Then maybe you should be getting a mistrial legally instead of having me do what you're asking.
- We don't have time.
- I don't care! What the hell's wrong with you? - Me? - Yes, you.
Whose side are you on? Oh, don't you dare ask me that.
You know damn well that I would break the law for you and Mike, but you are asking me to have my friend do it, and I am not going to.
Donna Harvey, even if I did ask Stephanie and she said yes, which she never would, you would have to drag innocent people through the mud to get this done.
And the Harvey I know isn't that kind of person.
[dramatic music.]
Donna, what is going on? Why are you so upset? I'm not upset.
[sighs.]
When you say, "I'm not upset," is that you acting? Because it sucks.
What do you want from me, Louis? I want you to cut the bullshit and tell me what's wrong.
I just saw you leave Harvey's office and five seconds later, I saw him do the same thing.
Okay, Louis, what's wrong is Harvey wants me to get the names of the jurors from my friend in the U.
S.
Attorney's Office.
- He's trying to tamper? - He's trying to get a mistrial.
Well, then why the hell aren't you helping him do it? - What? - You heard me.
Why aren't you doing whatever you can do help him? I can't believe you just said that to me.
Donna, listen to me, if Harvey's doing this, it means he thinks he's going to lose.
And if he thinks he's gonna lose, it means he is gonna lose.
And if Mike goes down, everybody goes down with him.
Don't you care about that at all? I'm getting a little tired of people asking me whether I care or not.
Because I do, but not enough to push women and children aside to get on a lifeboat.
So, if that's all you came in here to ask me, why don't you be on your way? Okay, I got us some bread, cheese, a little bit of wine, and a picnic blanket.
So, I feel like we should just go outside - I can't.
- What do you mean you can't? Did the jury come back? No, I, uh, I met a defendant.
He got caught in the act of some petty larceny, and, uh, they're trying to railroad him, so I So, you're taking a case? Rachel, he tried to sell a couple of TVs out of the back of a truck.
Now he's facing five years.
And somewhere in this building there are 12 people deciding whether or not you're a fraud and you're sitting here doing the exact thing that they're accusing you of.
They were right in front of me.
His lawyer didn't show up - What is wrong with you? - Whoa, Rachel, hey Don't you understand that I am scared, and that I am trying to be supportive and to keep a brave face, but that I could lose you, Mike? So, I understand you wanting to be here, but I don't understand you not wanting to be with me.
Come here.
Look, I'm scared too.
That's why I can't go home.
And I don't know how I got into this, but I know that I need to do this, Rachel.
You really meant what you said to the jury, didn't you? Yeah.
And you said that you fell in love with me because of me wanting to help other people.
Well, this guy needs my help.
And it may be the last time I can do something like this.
Well, then let's figure out a way to help him together.
What's for lunch, David? Quinoa salad.
Well, enjoy it, because it's gonna be your last meal as a U.
S.
Attorney.
Mike Ross promised me that if I gave him those phone records, he wouldn't say anything to anyone.
I'm not Mike Ross, and the way I see it, there's no reason for me not to tell Gibbs about your shady past unless you give me a reason.
And how am I supposed to do that? You pack up your lunch, you take it down the street to the courthouse cafe, and you share a table with whatever juror shows up when they break for coffee in about two hours.
What's this for? For when you buy juror number whatever a cup of coffee.
Jesus Christ, you want me to give you a mistrial? I do that, I could lose my job.
You're gonna lose your freedom in two hours if you don't.
This is blackmail.
I call it atonement, and today's the day you face the music.
- You were right.
- About what? I shouldn't have been willing to hurt innocent people to get done what I needed to get done.
Well, it sounds like you got it done anyway.
I did, and you're gonna get a call from Vanessa as soon as she gets me some pictures I need.
Harvey, you just said that you shouldn't have been willing to hurt innocent people, and I didn't hurt any innocent people, Donna.
I found a guilty one.
Well, then I will go tell Jessica and I will let you know the second Vanessa calls.
Donna.
What, Harvey? Thanks.
[tense music.]
I can't believe we found that.
I can't believe you did.
Rachel, this might give us the leverage to make sure Diaz doesn't do any jail time at all.
- Do you really think so? - Yeah, I do.
And it doesn't surprise me 'cause I also think that you're gonna make a great lawyer.
Well, then spending our time doing this wasn't such a bad idea after all.
Mr.
Diaz, are you ready to enter a plea? Before we do, Your Honor, I'd like to enter a motion to invalidate the search of Mr.
Diaz's vehicle.
- What? - The warrant was obtained because of a phone call between my client and his cousin, and there's no evidence that Mr.
Alexander had authorization to tap that call.
Your Honor, we had other sources for our search warrant.
- And what exactly were they? - Mr.
Alexander? Objection, Your Honor.
Ms.
Gibbs, this case isn't under the Justice Department's jurisdiction, so, what exactly are you objecting to? I'm objecting to the fact that this man is not a lawyer.
Your Honor, that is a lie.
And as we speak, a jury is finding him guilty.
And until they do, my bar number is active.
This is ridiculous, Your Honor.
He is making a mockery of this entire courtroom, and I urge you to at least delay this case until his jury comes back.
Your Honor, the only reason I'm representing Mr.
Diaz, is because his court-appointed lawyer didn't show up, and then that man attempted to railroad him into an outrageous plea deal.
Ms.
Gibbs, he may be a fraud in your court, but since he hasn't been convicted of anything, he isn't one in mine.
And unless Mr.
Alexander here magically finds his voice, Mr.
Ross's motion to exclude the search of his clients vehicle passes.
[dramatic music.]
Is it true what that woman was saying? Yes, they're deliberating on his fate right now.
I don't give a shit if they're deliberating.
Is he a fake or not? You saw what he just did, and he's about to cut you a deal from four years behind bars to maybe a few months.
So what do you think? What'd he say? He's too pissed off to make a deal right now, but trust me, he'll calm down, and then he will.
Mike, where are you going? I'm gonna go try and make a deal of my own.
You ran out of there so fast I didn't get a chance to talk to you.
What exactly do you want, Mr.
Ross? I want to make a deal.
You finally ready to turn on Mr.
Specter? Nope, but I am ready to plead guilty and never practice law again if you agree to not go after any of the partners at Person Specter.
That's the same bullshit your boss said to me when I first met him.
You're done practicing, so I should just let you get away with it? Why would I listen to you now if I didn't listen to him then? Because you've got it written all over your face.
Seeing me be a lawyer makes you sick.
Right? And if I win, I'm gonna keep being a lawyer, and it's gonna make you sick for the rest of your life.
No deal.
It's not a good enough reason.
Okay, then let's try this one.
You've been at the same level at the U.
S.
Attorney's Office for a long time.
Now, a person who can't get a conviction against a man that everyone thinks is a fraud, well, that's a person who's going nowhere.
This is a chance for you to save face.
I don't need to save face because they're gonna find you guilty.
Are you sure about that? 'Cause you couldn't convince one judge to make me stand down, so what makes you think you're gonna convince 12 jurors? You know what, Mike? The truth is, you would have made a good lawyer, but you're not one, and I'm gonna put you away.
- What can I do for you, Donna? - Harvey wanted me to let you know that as long as they don't reach a verdict in the next few hours, you'll have a mistrial.
I'll have a mistrial? What's on your mind, Donna? Nothing.
I guess I just never thought I'd see the day when you thought Harvey was gonna lose.
And who says I think Harvey's going to lose? - A mistrial says it.
- No, it says I'm not willing to take a chance on 12 complete strangers.
It says you don't have faith in him.
Donna, you don't know what you're saying.
Don't I? I know I'm not a lawyer, but isn't it true that if Mike gets found innocent, there's no double jeopardy, but if a mistrial happens, they might come after him again one day? Yes, Donna, that is true, but Harvey and I are banking that never happens.
- And what if it does? - Then I'm sorry, but the truth is, Mike Ross is the reason why we're in this mess in the first place, and if it's a choice between his peace of mind down the road and mine today, I'm choosing mine.
Now, is that all? [keyboard clacking.]
Louis Litt, what a coincidence, I was just about to call your office, say I was your cousin, and ask if you'd decided to take me up on my offer.
Before I give you an answer, I want to know, if I give you proof that Harvey knew about Mike, will you give me immunity? Well, that depends.
What do you have? What do you mean, what do I have? I have me.
Well, that's not good enough.
Well, then what the hell did you come to me for? Because I was expecting something more than the testimony of a man who's saving his own ass, which gets me nothing.
Nothing? I'd be giving you my word.
And I don't need your word.
I need proof.
Well, goddamn it, I don't have any proof.
Well, then you're no good to me.
And now I'm in the position of having to work that much harder to get both you and your partners, so, if you'll excuse me, I need to get back to it, Louis.
Donna, I need you to start prepping a motion for Mike to ask for a mistrial, and we're gonna need to do it first thing in the morning.
Harvey, I don't think there's gonna be a mistrial.
What the hell are you talking about? I just got off the phone with Vanessa.
David Green never showed.
Whatever it is, Louis, I don't have the time.
Well, you better find the time because Anita Gibbs just offered me a deal.
And I assume you told her to shove it up her ass.
I did, but what I really wanted to say was, "Where do I sign?" What the hell did you just say to me? Did you ever think for one second, what's gonna happen if Mike gets convicted? Mike is not gonna get convicted.
- How could you be so sure? - Because I'm gonna go get us a goddamn mistrial.
That's not good enough.
I want to know how you're gonna do that.
- None of your business.
- It is my business.
If you're gonna go and break some more laws like you did when you hired the fraud in the first place.
What the hell do you want, Louis? You want me to give you permission to cut a deal? I want you to give yourself up.
- Are you out of your mind? - No, I am in my mind.
You can't get a mistrial, that verdict comes back the wrong way, everyone in this entire firm goes to jail because of what you did.
- Go home, Louis.
- No, no, no, I want you to say it.
You went out on your own, you hired a fraud, and this whole firm's paying for it.
- Shut the hell up.
- You and you alone are responsible for the carnage of what's to come.
- Louis - Just say it! You listen to me.
I may have hired a fraud, but you're the one who had the chance to turn him in and you used his secret to get what you always wanted.
So, don't come here at the 11th hour trying to blame me for having to sleep in the bed that you made.
I don't want to go to prison, Harvey.
Then get out of my way, and let me do what I do.
[dramatic music.]
[beeps.]
What are you doing here? I came to talk.
I gotta hand it to you, you would have made a good lawyer, but you're even better than I gave you credit for.
You got in my head.
You came here to take my offer? I came to make an offer of my own.
You said you were giving me a chance to save face, but I let you get off with no punishment.
As far as my career goes, I might as well have let them find you innocent.
What do you want? You plead guilty, do two years in prison, and I won't go after any of your friends.
There's no way I agree to prison time for a crime I didn't commit.
We're not in the courtroom right now, Mike, so let's cut the bullshit.
We both know you did this.
So if you don't want to pay, then you take me up on my original offer.
You do no time, and all I need in return is one name partner at your firm.
And I told you that's never gonna happen.
[floor board creaks.]
Well, maybe you want to talk to your fiancé because the look on her face says she'd rather throw one of them to the wolves then see you in prison.
So it's up to you.
You take either one of my deals, or you take your chances with the jury.
Just remember, tick tock.
[door opens and closes.]
What did she mean, "either deal"? She countered my offer.
- How long? - Rachel How long would you have to be away for? - Two years.
- No, Mike.
No, you can't.
Do you know how much time I'm facing if I'm found guilty? You're not gonna be found guilty.
Seven years.
You're not gonna be found guilty.
I saw you up there.
You were amazing.
You were that same empathetic, brilliant man that I fell in love with.
There's no way the jury didn't see that.
Rachel, the jury is not in love with me.
What if all they saw when they looked at me was the same fraud that I've been since the first day I took that job? Is that why you're thinking about going to prison? Because what? You want to punish yourself and that's your only way to stop feeling guilty? Yes, maybe that's a part of it.
Okay, well it sounds like it's all of it.
All I know, is it's the only sure way to put this to bed and make sure that the only person who is hurt by it is me.
What about me? Because all I did was love you! And if you take some deal that sends you to prison Rachel, we can survive this Goddamn it, Mike, they were in on it too! I'm not gonna rat them out.
And I'm not asking you to.
I'm just asking you to have faith in yourself.
Okay, I will.
Where the hell were you? You mean why I wasn't at the cafe? I was just coming to the conclusion that you could take that threat and shove it up your ass.
You think I'm bluffing you? I don't give a shit whether you're bluffing or not.
It made me sick to let Mike Ross back into a court.
I'm not letting that happen again.
I don't think you understand what's gonna happen to you when I call Anita Gibbs tomorrow morning.
You never made a mistake? You never did something you regret? What do you think I'm trying to fix right now? Look, if you don't help me, making sure you never practice law again isn't gonna be on my list of regrets.
You know, I've heard a lot of people talk about the great Harvey Specter, completely unbeatable.
From what I'm seeing, you're just a bully who uses other people's fears to get what he wants.
Well, it's not gonna happen tonight, because Mike Ross is about to go to prison and I'm not going to stop him.
[knock on door.]
[door opens.]
Harvey, it's the middle of the night.
What are you doing here? I had to see you.
I know you said I couldn't do this anymore, but I need to talk to you.
- Talk about what? - About what I have to do.
You're gonna turn yourself in, aren't you? Louis, the jury didn't come back, and since they went home, I'm going home.
So, whatever it is, it's gonna have to wait until tomorrow.
Tomorrow could be too late.
Too late for what? This is all his fault.
You didn't start it.
I didn't start it.
He started it.
I'm not having this conversation behind Harvey's back.
That's okay.
I already had it to his face.
Tried to get him to do the right thing and turn himself in, but he wouldn't.
I'm not going to convince him to do that.
I know, because he'll never be convinced.
Which is why we need to go to Gibbs together - Louis - Goddamn it, Jessica, we don't have any time! Did it ever occur to you that if Mike gets found guilty, the first thing Harvey is going to do is walk in there and take the bullet for me and you? - No, it didn't.
- Well, it occurred to me.
We turn on him now, we're not better than Daniel Hardman or Charles Forstman or any of those other people you despise.
Don't you see? We could protect each other.
You don't want us to protect each other, Louis.
You want someone to tell you that what you're thinking is okay, and I'm not going to do that.
Jessica, please.
Good night, Louis.
So you want to turn yourself in because some cheater called you a bully? No, Donna, I want to turn myself in because he was right.
I'm not unbeatable.
No, Harvey, I think he made you feel guilty, and now you're not seeing clearly.
Donna Harvey, if it were anybody other than Mike on trial and you saw his closing, do you think that the jury would convict him? I don't know, Donna, but I can't afford to be wrong about this.
Then let me as you a question: Why aren't you talking to Dr.
Agard about this? - How do you know about her? - Because I do.
And I also know that the last time you had a huge decision to make, you went to her and not me.
Because that was about business and this is personal.
No, Harvey, you didn't go to her because you know she won't try to talk you out of this, but I will.
- Donna - Don't do it.
Don't fall on your sword again.
- I have to - No, you don't.
We might not win.
You don't always have to be the hero.
I'm not doing it to be the hero.
Then why the hell are you doing it? Because it's my goddamn fault.
[soft music.]
No, Harvey, it's not.
It's Mike's fault just as much as it is yours.
Then why should I be the one to throw him under the bus? Don't you get it? I am not asking you to throw him under the bus.
I am asking you to believe that the two of you are worthy of being found innocent.
And what if I can't do that? Then you can march yourself down to Gibbs's office in the morning and turn yourself in.
But I don't want you to do that.
Why not? Because I think you're worthy.
And I don't want to lose you.
Harvey, go to the courthouse in the morning, sit with Mike until that verdict comes in, and show him that you have faith in him.
Like I have faith in you.
[soft music.]
[cell phone buzzing.]
[cell phone beeps.]
Hello? Yeah, this is him.
Yeah, yeah, I'll be right there.
How's the jury back so early? Oh, it's not the jury.
It's the prosecutor from the Diaz case.
He wants to talk.
[sighs.]
I may have hired a fraud, but you're the one who had the chance to turn him in, and you used his secret to get what you always wanted - Mr.
Litt - So don't come in here I'm sorry to interrupt, but your cousin Gertrude's on the phone.
She said she needs to know whether you found that old mixed tape of hers.
Tell her I didn't.
Tell her it must have gotten thrown out, and to never ask me about it again.
- Good.
- What do you mean "good"? I been wanting to tell Anita Gibbs to go to hell since this whole thing started.
Mr.
Ross, I'd like to make your client an offer.
We're listening.
We don't want you, Mr.
Diaz.
You said you were just driving the truck and I believe you, and we already have the two gentleman who committed the actual felony.
So, all you have to do is testify against them, and you walk.
What? Holy shit.
No jail time? - No jail time.
- Okay that's enough.
I need a moment with my client.
No, I don't need a moment.
I'll take it.
Mr.
Diaz, listen to me.
Testifying against your friends may not seem like a big deal right now, but it's something you are gonna have to live with for the rest of your life.
I don't owe them anything, and if I can get myself off, that's what I'm gonna do.
He's only offering you this because he doesn't have a case against you.
He's a two-time loser.
I'll make a case against him.
Mr.
Diaz Give me the pen.
[exhales sharply.]
You are making a huge mistake.
Yeah, well, I don't think so, and if you were in my shoes, you'd do the exact same thing.
I would never send my friends to prison.
Yeah, well, they find me guilty, they're gonna send my friends to prison anyways.
[dark alternative music.]
Harvey, thank God.
The jury came back.
We have an hour.
- Where's Mike? - I don't know.
What's the matter? Harvey? I have to go.
- You know they're back, right? - I don't care.
I'm ready to take your deal.
Which one? @elderman
He may have gotten me out, but he done came and put me in there in the first place.
You're right, you don't owe Harvey, but you do owe me because I didn't have anything to do with putting you in there, but I broke the law to get you out.
I came here to compliment you on getting rid of Sheila's ass.
If she's not back by the start of trial, I'm gonna assume you want to be brought up on charges.
I just stopped by to give you this restraining order preventing you from contacting Louis Litt.
You're done driving a wedge between me and my people.
If I represent myself, every second I'm up there they're gonna see me as a lawyer.
And if she rattles you for one of those goddamn seconds, they're gonna see you as a fraud and they're never gonna see you as anything else.
Did Mike Ross go to Harvard Law School or not? I'd like to assert my Fifth Amendment right.
If I was on that jury, I'd find you guilty.
They're not gonna let me change my goddamn lawyer in the middle of a trial.
We need to figure out a way to make them, 'cause if we don't, we're gonna lose.
You have one last chance to save yourself.
Call me before it's too late.
Okay, so we have a plan for you to start representing yourself.
We just need a way to rattle Gibbs when we execute it.
I have a way, but you're not gonna like it.
I'm gonna call Clifford Danner to the stand.
No way, it's too risky.
- Harvey, listen to me - He's angry and volatile and in case you forgot, he's one of the people you were dumb enough to tell your secret to.
I know all of that, but you said it yourself, we need sympathy, and no one is gonna get us more sympathy than the innocent guy we got out of prison.
Harvey, you said I needed to do this.
Well, this is how I do it.
[tense music.]
Do you have faith in me or not? [door opens.]
Mrs.
Gloria Danner? - Yes.
- Hi, my name is Mike Ross.
I'm a lawyer at Pearson Specter Litt and I was hoping I know who you are, and I know what you're doing here.
You've come to get Clifford to testify for you, but I'm afraid he's not going to.
Please, ma'am, I promise you, the DA cannot reopen his case I'm not talking about the district attorney.
My son's dead, Mr.
Ross.
- What? - Clifford was shot and killed three weeks ago, so I'm sorry, he can't help you.
- Hello? - Are you in the office? It's Thursday night.
I'm watching my show.
Well, then goddamn Tivo it because I need your help.
It better be important if you're taking that tone with me.
And if this is about that mah-jongg game I don't give a shit if it's mah-jongg or kung pao or Chinese checkers.
This is the most important thing that I'm ever gonna ask you to do in your entire life.
Give me an order.
I need you to pull whatever strings you have to get me a transcript of Mike's trial and I need you to keep it to yourself.
Mind if I ask what you need it for? Because I need to know if we have a snowball's chance in hell of winning this thing.
Is defense ready to call its first witness? - I am, Your Honor.
- What? I'm calling my witness.
Does prosecution have a problem with that? Objection, this is outrageous, Your Honor.
They can't switch attorneys in the middle of a trial.
And that would be true except for the fact that I've been co-counsel on this case from day one.
Co-counsel? What planer are you living on? The one where Pearson Specter Litt is my attorney of record.
I have the employee directory right here.
My name is in it.
It's been there since the beginning of this trial, and if you wanted to object to me, you would have had to have done it at the beginning of this trial.
Then I want them waiving all rights to a mistrial and I want it in the record.
Your Honor, I'm not gonna be punished just because she didn't understand that I've been representing myself this whole time.
He's got a point, Ms.
Gibbs.
Then I want them waiving all rights to a mistrial based on him representing himself.
My pleasure, Your Honor, 'cause I don't expect we'll be needing a mistrial at all.
Then call your first witness.
Defense would like to call Gloria Danner to the stand.
Please state your name for the jury.
Gloria Danner.
Mrs.
Danner, a number of years ago, your son Clifford was convicted of murder and sentenced to prison, is that right? Yes.
For a crime he didn't commit.
How do you know he didn't commit it if he was convicted of it? Because you proved he didn't.
Mrs.
Danner, can you tell the jury why it is that you're here today testifying and not your son Clifford? He was working late at the diner.
It was the only place he could get a job when he got out.
Two men came in to rob the place, and when Clifford tried to stop them, he was shot and killed.
[somber music.]
I'm so sorry.
[crying.]
I worked my whole life to put him through school and he ends up dying in the back of that shit restaurant in that shit part of town.
Can you tell the jury why you agreed to come share your story for me today? Prison ruined Clifford's life And if you had been our lawyer from day one, he never would have been convicted in the first place.
Thank you, Gloria.
No more questions, Your Honor.
Mrs.
Danner, I happen to be familiar with your son's case.
and I understand that in order to reopen it, Mr.
Ross risked increasing his sentence to life.
That's correct.
Well, I'd like to know how you'd have felt if he lost that gamble.
I'd have been devastated.
And if that happened, how would you have felt if you then found out that Mr.
Ross wasn't even a lawyer after all? Objection, Your Honor, how many hypotheticals can she ask? That's okay.
I think everybody in this courtroom knows how they would feel.
No more questions, Your Honor.
I wouldn't have cared what a piece of paper had to say, because Mr.
Ross is the only lawyer I ever ran into that ever gave a damn about my son.
Mr.
Ross, would you care to call your next witness? I can't imagine anyone being more eloquent than that, Your Honor.
Defense rests.
See the money, wanna stay for your meal Get another piece of pie for your wife Everybody wanna know how it feel Everybody wanna see what it's like I'll even eat a bean pie, I don't mind Me and Missy is so busy, busy making money All right All step back, I'm 'bout to dance Suits 5x15 Tick Tock The greenback boogie @elderman - [sighs.]
- Having trouble with your closing? No, it's just part of the process.
Would it make you feel better if I told you that I have never felt more proud of my future husband than I did watching you up there today? Yes, it would.
Good.
Because I want to talk to you about your closing.
Ugh.
Don't tell me you want me to go with jury nullification.
There is nothing wrong with getting a jury to sympathize with you, and, Mike, your parents died in a car accident.
Who isn't gonna feel for a person like that? Rachel, the only problem with me saying, "Let me off because tragedy struck me as a child" is I've pretty much admitted that I'm guilty.
No, the difference is that that accident is the reason that you wanted to become a lawyer in the first place.
And they won't just understand it, they will love you for it.
How can you know that? Because I love you for it.
Tell them your story and I am telling you, they'll let you go.
[soft music.]
Louis, you wanted to see me? Yeah, that was hours ago.
We need to talk.
We need to talk right now.
- About what? - About the fact that Mike Ross is all of a sudden representing himself.
And why exactly do we need to talk about that? Because it means Harvey thinks he's gonna lose.
You wanna walk me through that logic? Harvey's never given up control of a case in his life, and if he's doing that now, it means he wants that loss on Mike's record.
Louis, at a time like this, Harvey doesn't care about records.
Bullshit.
I read the transcript backwards and forwards.
He thinks he's gonna lose.
Louis, what's really going on here? I'll tell you what's going on.
If Harvey thinks we're gonna lose, then we'll lose, and if that happens, you know who Gibbs is coming after next.
Louis, we will deal with that when and if she does, but I am telling you, Harvey letting Mike take the reins is not him giving up.
It's him growing up and realizing he is not the one to bring this home.
Do you want to talk about it? Talk about what? Oh, I don't know, maybe the fact that Mike is working on a closing to keep himself out of jail and you're not working on it with him.
There's nothing for me to do, Donna.
It's in his hands.
In his hands? Harvey, that was a trial maneuver.
It doesn't mean you can't help him when he needs you.
- He doesn't need me.
- He needs you more than ever.
No, he doesn't, and it's time for him to put the clipboard down and get in the game.
- Harvey - Donna, this wasn't just some move to slip testimony in.
This is Mike's life.
It's his story and he needs to be the one to tell it.
Everything he's done up until now has prepared him for this, and I'm telling you, he's ready for it.
Is defense ready for closing statements? Mike? You okay? Mr.
Ross? Oh, uh, yes, Your Honor.
Um, ladies and gentleman of the jury, I think most of us [sighs.]
[tense music.]
You guys heard evidence earlier in the trial that I have a photographic memory, and I do, but the way it works I don't just take a snapshot of something.
See, I read it and then I understand it, and once I understand it, then I never forget it, but I've been trying to memorize my speech, but I can't because it's bullshit, because I I am bullshit.
You see, the truth is, is that I am guilty of being a fraud.
My whole life I have wanted to be a lawyer so that I could help people like Clifford Danner.
People who have no one else to fight for them.
No one who believes in them, but instead, all I've done as a lawyer is work night and day to put money into the hands of rich people.
I was given a gift and I wasted it, and I'm ashamed of myself.
And and as a final insult, I paraded this mourning woman out in front of you just as a way to get you to admire me.
I am so sorry, Gloria.
- [mouthing.]
- And all I can say is that I promise you, whether these people find me innocent or not, I am gonna spend the rest of my life fighting for the Clifford Danners of this world.
I will not waste that gift again.
You could believe it or not, but I am a lawyer, and I always will be.
Thank you.
Well, it's an interesting thing, really, how criminals can play with our emotions.
Mike Ross is articulate and persuasive and passionate and listening to his closing argument, I almost want to let him go myself, except for one thing: He's a liar.
He didn't commute to Harvard one day a week as he so laughably claims.
He didn't go to college.
There is no paper record of his enrollment, no applications to law school, no picture in the yearbook, no class rankings, no one at all who even remembers him.
Except for that one indebted friend with a lot to lose, and if you believe his testimony, I got a bridge over Brooklyn I'd like to sell you.
And whether he says it or not, he's banking on the fact that you are gonna think this is a victimless crime, but if you acquit him, you are giving permission to everyone to say [voices reverberating.]
"Hey, I'm gonna pretend "to be a lawyer.
"I think I'm gonna say I'm a doctor.
"Hell, you know what? Today, I'm gonna pose as a pilot.
" Imagine if one day you woke up on the operating table to discover the man who was about to crack open your chest is not really a doctor.
Guilty.
Guilty.
Guilty.
Make no mistake about it, Mike Ross thinks he's better than you.
He thinks he doesn't have to play by the same rules, but we know he does because, ladies and gentleman of the jury, Mike Ross [dark music.]
Is a fraud.
Mike Mike [voices return to normal.]
Mike.
She was good, Harvey.
- Yeah, so were you.
- You were great.
She was better.
Everything she said was true and the jury knows it.
No they don't.
Look, ever since the day I met you, you have always seen the good in people, and we only need one person on the jury to feel that way about you.
- And what if they don't? - It doesn't matter because we can't do anything about it anyways.
So, let's get out of here.
- I can't.
- What do you mean you can't? I mean, I can't leave until that jury comes back.
Mike, they might not come back for days.
I don't know what to tell you, Harvey, but I can't leave here.
It's okay, Harvey.
[tense music.]
Look, Mike, if we really don't have time, I don't want to waste it here.
Rachel, if I leave, all I'm gonna be thinking about is what's happening in that jury room.
Then I am going to go and get us some food and we're gonna have a bite to eat because I'm not gonna let this time go to waste.
Okay.
[indistinct chatter.]
- What? - What do you mean what? I want to know what you think.
I think I saw a heavyweight fight that's gonna come down to the goddamn cards.
You see it any different? What I see is my fate in the hands of a jury, and I don't like it.
Why the hell do you think I cut so many deals instead of going to trial? Well, the only deal that Gibbs is going to cut is the one that hangs us out to dry.
And I don't know about you, but I don't feel like just sitting by while this thing goes to verdict.
You think I do? Look, there's no other w [soft music.]
Hold on a second.
We could go get us a mistrial.
What good would that do? A mistrial's just gonna kick the can down the road till Mike gets tried again.
Listen to me.
When Mike wanted to represent himself, Gibbs jumped out of her chair saying that we were trying to get a mistrial.
Then she demanded we waive our rights to one completely.
And the only reason she'd do that is because she doesn't have authorization to try this case again.
Which means, a mistrial isn't just kicking the can down the road.
No, it's blowing it to kingdom come.
The only problem is, we don't have grounds for a mistrial.
Well, then you better go out and find some.
And you better do it before that jury comes back.
That's what I'm trying to tell you.
My lawyer's not here.
That's not my problem.
Then why did he tell me that if I told you he couldn't make it, you'd give me a continuance or something? I'll tell you what I'll do, Mr.
Diaz.
Since Perkins isn't here, I'll help you out.
Instead of going to trial and winding up with a five year sentence, I'll let you cop to three and a half right here.
Five years? We stole some TVs.
For the third time, and that's five years.
I was only driving the car, man.
Then you can drive yourself to prison, man, but I'm not giving you a continuance.
Hey, I'm sorry to interrupt, but he doesn't give you a continuance, the judge does.
And you're entitled to one automatically if this is the first time your attorney didn't show.
- And who the hell are you? -That's not your concern.
And this is not your concern.
Yeah, well, I'm making it my concern since I don't like watching prosecutors take advantage of unrepresented defendants.
All I'm doing is offering the man a deal.
I'm not taking advantage.
That is bullshit.
You know full well his lawyer didn't tell him to ask you for a continuance.
He told him to ask the judge for one.
Now you're gonna try and bully him into three and a half years for what sounds to me like a simple misdemeanor theft.
You don't know shit about this case.
Well, I'm about to.
Hand over the case file.
I don't have to give you anything.
You're not his attorney.
Mr.
Diaz, my name is Mike Ross.
Now, do you want me to represent you or do you want to stick with this asshole Perkins who didn't even show up to your hearing? He's my lawyer.
Donna, I need your help and I need it right now.
What's going on? Is the jury back? No, I need to know if Stephanie Liston still works at the U .
S.
Attorney's Office.
She does, why? I need the names of the jurors.
Harvey, if you're even thinking about tampering No, I'm not thinking of tampering with the jury.
I just need to find grounds for a mistrial.
A mistrial? You told Mike he killed it.
Was that a lie? - No, it wasn't.
- Then why are you so suddenly having doubts? It's called hedging.
No, it is called breaking the law and I don't want any part of it.
Goddamn it, Donna.
I'm trying to protect Mike.
Then maybe you should be getting a mistrial legally instead of having me do what you're asking.
- We don't have time.
- I don't care! What the hell's wrong with you? - Me? - Yes, you.
Whose side are you on? Oh, don't you dare ask me that.
You know damn well that I would break the law for you and Mike, but you are asking me to have my friend do it, and I am not going to.
Donna Harvey, even if I did ask Stephanie and she said yes, which she never would, you would have to drag innocent people through the mud to get this done.
And the Harvey I know isn't that kind of person.
[dramatic music.]
Donna, what is going on? Why are you so upset? I'm not upset.
[sighs.]
When you say, "I'm not upset," is that you acting? Because it sucks.
What do you want from me, Louis? I want you to cut the bullshit and tell me what's wrong.
I just saw you leave Harvey's office and five seconds later, I saw him do the same thing.
Okay, Louis, what's wrong is Harvey wants me to get the names of the jurors from my friend in the U.
S.
Attorney's Office.
- He's trying to tamper? - He's trying to get a mistrial.
Well, then why the hell aren't you helping him do it? - What? - You heard me.
Why aren't you doing whatever you can do help him? I can't believe you just said that to me.
Donna, listen to me, if Harvey's doing this, it means he thinks he's going to lose.
And if he thinks he's gonna lose, it means he is gonna lose.
And if Mike goes down, everybody goes down with him.
Don't you care about that at all? I'm getting a little tired of people asking me whether I care or not.
Because I do, but not enough to push women and children aside to get on a lifeboat.
So, if that's all you came in here to ask me, why don't you be on your way? Okay, I got us some bread, cheese, a little bit of wine, and a picnic blanket.
So, I feel like we should just go outside - I can't.
- What do you mean you can't? Did the jury come back? No, I, uh, I met a defendant.
He got caught in the act of some petty larceny, and, uh, they're trying to railroad him, so I So, you're taking a case? Rachel, he tried to sell a couple of TVs out of the back of a truck.
Now he's facing five years.
And somewhere in this building there are 12 people deciding whether or not you're a fraud and you're sitting here doing the exact thing that they're accusing you of.
They were right in front of me.
His lawyer didn't show up - What is wrong with you? - Whoa, Rachel, hey Don't you understand that I am scared, and that I am trying to be supportive and to keep a brave face, but that I could lose you, Mike? So, I understand you wanting to be here, but I don't understand you not wanting to be with me.
Come here.
Look, I'm scared too.
That's why I can't go home.
And I don't know how I got into this, but I know that I need to do this, Rachel.
You really meant what you said to the jury, didn't you? Yeah.
And you said that you fell in love with me because of me wanting to help other people.
Well, this guy needs my help.
And it may be the last time I can do something like this.
Well, then let's figure out a way to help him together.
What's for lunch, David? Quinoa salad.
Well, enjoy it, because it's gonna be your last meal as a U.
S.
Attorney.
Mike Ross promised me that if I gave him those phone records, he wouldn't say anything to anyone.
I'm not Mike Ross, and the way I see it, there's no reason for me not to tell Gibbs about your shady past unless you give me a reason.
And how am I supposed to do that? You pack up your lunch, you take it down the street to the courthouse cafe, and you share a table with whatever juror shows up when they break for coffee in about two hours.
What's this for? For when you buy juror number whatever a cup of coffee.
Jesus Christ, you want me to give you a mistrial? I do that, I could lose my job.
You're gonna lose your freedom in two hours if you don't.
This is blackmail.
I call it atonement, and today's the day you face the music.
- You were right.
- About what? I shouldn't have been willing to hurt innocent people to get done what I needed to get done.
Well, it sounds like you got it done anyway.
I did, and you're gonna get a call from Vanessa as soon as she gets me some pictures I need.
Harvey, you just said that you shouldn't have been willing to hurt innocent people, and I didn't hurt any innocent people, Donna.
I found a guilty one.
Well, then I will go tell Jessica and I will let you know the second Vanessa calls.
Donna.
What, Harvey? Thanks.
[tense music.]
I can't believe we found that.
I can't believe you did.
Rachel, this might give us the leverage to make sure Diaz doesn't do any jail time at all.
- Do you really think so? - Yeah, I do.
And it doesn't surprise me 'cause I also think that you're gonna make a great lawyer.
Well, then spending our time doing this wasn't such a bad idea after all.
Mr.
Diaz, are you ready to enter a plea? Before we do, Your Honor, I'd like to enter a motion to invalidate the search of Mr.
Diaz's vehicle.
- What? - The warrant was obtained because of a phone call between my client and his cousin, and there's no evidence that Mr.
Alexander had authorization to tap that call.
Your Honor, we had other sources for our search warrant.
- And what exactly were they? - Mr.
Alexander? Objection, Your Honor.
Ms.
Gibbs, this case isn't under the Justice Department's jurisdiction, so, what exactly are you objecting to? I'm objecting to the fact that this man is not a lawyer.
Your Honor, that is a lie.
And as we speak, a jury is finding him guilty.
And until they do, my bar number is active.
This is ridiculous, Your Honor.
He is making a mockery of this entire courtroom, and I urge you to at least delay this case until his jury comes back.
Your Honor, the only reason I'm representing Mr.
Diaz, is because his court-appointed lawyer didn't show up, and then that man attempted to railroad him into an outrageous plea deal.
Ms.
Gibbs, he may be a fraud in your court, but since he hasn't been convicted of anything, he isn't one in mine.
And unless Mr.
Alexander here magically finds his voice, Mr.
Ross's motion to exclude the search of his clients vehicle passes.
[dramatic music.]
Is it true what that woman was saying? Yes, they're deliberating on his fate right now.
I don't give a shit if they're deliberating.
Is he a fake or not? You saw what he just did, and he's about to cut you a deal from four years behind bars to maybe a few months.
So what do you think? What'd he say? He's too pissed off to make a deal right now, but trust me, he'll calm down, and then he will.
Mike, where are you going? I'm gonna go try and make a deal of my own.
You ran out of there so fast I didn't get a chance to talk to you.
What exactly do you want, Mr.
Ross? I want to make a deal.
You finally ready to turn on Mr.
Specter? Nope, but I am ready to plead guilty and never practice law again if you agree to not go after any of the partners at Person Specter.
That's the same bullshit your boss said to me when I first met him.
You're done practicing, so I should just let you get away with it? Why would I listen to you now if I didn't listen to him then? Because you've got it written all over your face.
Seeing me be a lawyer makes you sick.
Right? And if I win, I'm gonna keep being a lawyer, and it's gonna make you sick for the rest of your life.
No deal.
It's not a good enough reason.
Okay, then let's try this one.
You've been at the same level at the U.
S.
Attorney's Office for a long time.
Now, a person who can't get a conviction against a man that everyone thinks is a fraud, well, that's a person who's going nowhere.
This is a chance for you to save face.
I don't need to save face because they're gonna find you guilty.
Are you sure about that? 'Cause you couldn't convince one judge to make me stand down, so what makes you think you're gonna convince 12 jurors? You know what, Mike? The truth is, you would have made a good lawyer, but you're not one, and I'm gonna put you away.
- What can I do for you, Donna? - Harvey wanted me to let you know that as long as they don't reach a verdict in the next few hours, you'll have a mistrial.
I'll have a mistrial? What's on your mind, Donna? Nothing.
I guess I just never thought I'd see the day when you thought Harvey was gonna lose.
And who says I think Harvey's going to lose? - A mistrial says it.
- No, it says I'm not willing to take a chance on 12 complete strangers.
It says you don't have faith in him.
Donna, you don't know what you're saying.
Don't I? I know I'm not a lawyer, but isn't it true that if Mike gets found innocent, there's no double jeopardy, but if a mistrial happens, they might come after him again one day? Yes, Donna, that is true, but Harvey and I are banking that never happens.
- And what if it does? - Then I'm sorry, but the truth is, Mike Ross is the reason why we're in this mess in the first place, and if it's a choice between his peace of mind down the road and mine today, I'm choosing mine.
Now, is that all? [keyboard clacking.]
Louis Litt, what a coincidence, I was just about to call your office, say I was your cousin, and ask if you'd decided to take me up on my offer.
Before I give you an answer, I want to know, if I give you proof that Harvey knew about Mike, will you give me immunity? Well, that depends.
What do you have? What do you mean, what do I have? I have me.
Well, that's not good enough.
Well, then what the hell did you come to me for? Because I was expecting something more than the testimony of a man who's saving his own ass, which gets me nothing.
Nothing? I'd be giving you my word.
And I don't need your word.
I need proof.
Well, goddamn it, I don't have any proof.
Well, then you're no good to me.
And now I'm in the position of having to work that much harder to get both you and your partners, so, if you'll excuse me, I need to get back to it, Louis.
Donna, I need you to start prepping a motion for Mike to ask for a mistrial, and we're gonna need to do it first thing in the morning.
Harvey, I don't think there's gonna be a mistrial.
What the hell are you talking about? I just got off the phone with Vanessa.
David Green never showed.
Whatever it is, Louis, I don't have the time.
Well, you better find the time because Anita Gibbs just offered me a deal.
And I assume you told her to shove it up her ass.
I did, but what I really wanted to say was, "Where do I sign?" What the hell did you just say to me? Did you ever think for one second, what's gonna happen if Mike gets convicted? Mike is not gonna get convicted.
- How could you be so sure? - Because I'm gonna go get us a goddamn mistrial.
That's not good enough.
I want to know how you're gonna do that.
- None of your business.
- It is my business.
If you're gonna go and break some more laws like you did when you hired the fraud in the first place.
What the hell do you want, Louis? You want me to give you permission to cut a deal? I want you to give yourself up.
- Are you out of your mind? - No, I am in my mind.
You can't get a mistrial, that verdict comes back the wrong way, everyone in this entire firm goes to jail because of what you did.
- Go home, Louis.
- No, no, no, I want you to say it.
You went out on your own, you hired a fraud, and this whole firm's paying for it.
- Shut the hell up.
- You and you alone are responsible for the carnage of what's to come.
- Louis - Just say it! You listen to me.
I may have hired a fraud, but you're the one who had the chance to turn him in and you used his secret to get what you always wanted.
So, don't come here at the 11th hour trying to blame me for having to sleep in the bed that you made.
I don't want to go to prison, Harvey.
Then get out of my way, and let me do what I do.
[dramatic music.]
[beeps.]
What are you doing here? I came to talk.
I gotta hand it to you, you would have made a good lawyer, but you're even better than I gave you credit for.
You got in my head.
You came here to take my offer? I came to make an offer of my own.
You said you were giving me a chance to save face, but I let you get off with no punishment.
As far as my career goes, I might as well have let them find you innocent.
What do you want? You plead guilty, do two years in prison, and I won't go after any of your friends.
There's no way I agree to prison time for a crime I didn't commit.
We're not in the courtroom right now, Mike, so let's cut the bullshit.
We both know you did this.
So if you don't want to pay, then you take me up on my original offer.
You do no time, and all I need in return is one name partner at your firm.
And I told you that's never gonna happen.
[floor board creaks.]
Well, maybe you want to talk to your fiancé because the look on her face says she'd rather throw one of them to the wolves then see you in prison.
So it's up to you.
You take either one of my deals, or you take your chances with the jury.
Just remember, tick tock.
[door opens and closes.]
What did she mean, "either deal"? She countered my offer.
- How long? - Rachel How long would you have to be away for? - Two years.
- No, Mike.
No, you can't.
Do you know how much time I'm facing if I'm found guilty? You're not gonna be found guilty.
Seven years.
You're not gonna be found guilty.
I saw you up there.
You were amazing.
You were that same empathetic, brilliant man that I fell in love with.
There's no way the jury didn't see that.
Rachel, the jury is not in love with me.
What if all they saw when they looked at me was the same fraud that I've been since the first day I took that job? Is that why you're thinking about going to prison? Because what? You want to punish yourself and that's your only way to stop feeling guilty? Yes, maybe that's a part of it.
Okay, well it sounds like it's all of it.
All I know, is it's the only sure way to put this to bed and make sure that the only person who is hurt by it is me.
What about me? Because all I did was love you! And if you take some deal that sends you to prison Rachel, we can survive this Goddamn it, Mike, they were in on it too! I'm not gonna rat them out.
And I'm not asking you to.
I'm just asking you to have faith in yourself.
Okay, I will.
Where the hell were you? You mean why I wasn't at the cafe? I was just coming to the conclusion that you could take that threat and shove it up your ass.
You think I'm bluffing you? I don't give a shit whether you're bluffing or not.
It made me sick to let Mike Ross back into a court.
I'm not letting that happen again.
I don't think you understand what's gonna happen to you when I call Anita Gibbs tomorrow morning.
You never made a mistake? You never did something you regret? What do you think I'm trying to fix right now? Look, if you don't help me, making sure you never practice law again isn't gonna be on my list of regrets.
You know, I've heard a lot of people talk about the great Harvey Specter, completely unbeatable.
From what I'm seeing, you're just a bully who uses other people's fears to get what he wants.
Well, it's not gonna happen tonight, because Mike Ross is about to go to prison and I'm not going to stop him.
[knock on door.]
[door opens.]
Harvey, it's the middle of the night.
What are you doing here? I had to see you.
I know you said I couldn't do this anymore, but I need to talk to you.
- Talk about what? - About what I have to do.
You're gonna turn yourself in, aren't you? Louis, the jury didn't come back, and since they went home, I'm going home.
So, whatever it is, it's gonna have to wait until tomorrow.
Tomorrow could be too late.
Too late for what? This is all his fault.
You didn't start it.
I didn't start it.
He started it.
I'm not having this conversation behind Harvey's back.
That's okay.
I already had it to his face.
Tried to get him to do the right thing and turn himself in, but he wouldn't.
I'm not going to convince him to do that.
I know, because he'll never be convinced.
Which is why we need to go to Gibbs together - Louis - Goddamn it, Jessica, we don't have any time! Did it ever occur to you that if Mike gets found guilty, the first thing Harvey is going to do is walk in there and take the bullet for me and you? - No, it didn't.
- Well, it occurred to me.
We turn on him now, we're not better than Daniel Hardman or Charles Forstman or any of those other people you despise.
Don't you see? We could protect each other.
You don't want us to protect each other, Louis.
You want someone to tell you that what you're thinking is okay, and I'm not going to do that.
Jessica, please.
Good night, Louis.
So you want to turn yourself in because some cheater called you a bully? No, Donna, I want to turn myself in because he was right.
I'm not unbeatable.
No, Harvey, I think he made you feel guilty, and now you're not seeing clearly.
Donna Harvey, if it were anybody other than Mike on trial and you saw his closing, do you think that the jury would convict him? I don't know, Donna, but I can't afford to be wrong about this.
Then let me as you a question: Why aren't you talking to Dr.
Agard about this? - How do you know about her? - Because I do.
And I also know that the last time you had a huge decision to make, you went to her and not me.
Because that was about business and this is personal.
No, Harvey, you didn't go to her because you know she won't try to talk you out of this, but I will.
- Donna - Don't do it.
Don't fall on your sword again.
- I have to - No, you don't.
We might not win.
You don't always have to be the hero.
I'm not doing it to be the hero.
Then why the hell are you doing it? Because it's my goddamn fault.
[soft music.]
No, Harvey, it's not.
It's Mike's fault just as much as it is yours.
Then why should I be the one to throw him under the bus? Don't you get it? I am not asking you to throw him under the bus.
I am asking you to believe that the two of you are worthy of being found innocent.
And what if I can't do that? Then you can march yourself down to Gibbs's office in the morning and turn yourself in.
But I don't want you to do that.
Why not? Because I think you're worthy.
And I don't want to lose you.
Harvey, go to the courthouse in the morning, sit with Mike until that verdict comes in, and show him that you have faith in him.
Like I have faith in you.
[soft music.]
[cell phone buzzing.]
[cell phone beeps.]
Hello? Yeah, this is him.
Yeah, yeah, I'll be right there.
How's the jury back so early? Oh, it's not the jury.
It's the prosecutor from the Diaz case.
He wants to talk.
[sighs.]
I may have hired a fraud, but you're the one who had the chance to turn him in, and you used his secret to get what you always wanted - Mr.
Litt - So don't come in here I'm sorry to interrupt, but your cousin Gertrude's on the phone.
She said she needs to know whether you found that old mixed tape of hers.
Tell her I didn't.
Tell her it must have gotten thrown out, and to never ask me about it again.
- Good.
- What do you mean "good"? I been wanting to tell Anita Gibbs to go to hell since this whole thing started.
Mr.
Ross, I'd like to make your client an offer.
We're listening.
We don't want you, Mr.
Diaz.
You said you were just driving the truck and I believe you, and we already have the two gentleman who committed the actual felony.
So, all you have to do is testify against them, and you walk.
What? Holy shit.
No jail time? - No jail time.
- Okay that's enough.
I need a moment with my client.
No, I don't need a moment.
I'll take it.
Mr.
Diaz, listen to me.
Testifying against your friends may not seem like a big deal right now, but it's something you are gonna have to live with for the rest of your life.
I don't owe them anything, and if I can get myself off, that's what I'm gonna do.
He's only offering you this because he doesn't have a case against you.
He's a two-time loser.
I'll make a case against him.
Mr.
Diaz Give me the pen.
[exhales sharply.]
You are making a huge mistake.
Yeah, well, I don't think so, and if you were in my shoes, you'd do the exact same thing.
I would never send my friends to prison.
Yeah, well, they find me guilty, they're gonna send my friends to prison anyways.
[dark alternative music.]
Harvey, thank God.
The jury came back.
We have an hour.
- Where's Mike? - I don't know.
What's the matter? Harvey? I have to go.
- You know they're back, right? - I don't care.
I'm ready to take your deal.
Which one? @elderman