All language subtitles for The West Wing (1999) - S05E11 - The Benign Prerogative (1080p AMZN WEB-DL x265 ImE)_track3_[eng]

Previously on The West Wing...

Oh, I hate this.
Can I just go now?

I don't think so.

Mom's getting remarried.

I know that.

You know that?

She called me.

Do any of you guys know
where the Dumpsters are?

Yeah. It's okay.

I'll find them.

Who's that?

A walking lawsuit.

Toby's taking first chair
on State of the Union.

Not just writing it.

The agenda?

That's great.

( wolf whistles )

Now I remember
why I love this night.

You love this night
because in two hours,

you'll have a sour mash
in hand

and nothing to rewrite.

Press conference
was a hit.

The President
did well this morning.

They ranting on cable

about "That liberal pantywaist
gone soft on crime"?

What we expected.

What?

Extra gum
for your big night.

It's okay.

We all get oral
when we're nervous.

You heading over
to pace on the Hill?

After I finish
pacing here.

Hmm.

Did the special guests arrive?

( reporter on TV in background)

...the sixth such address

this President...

It's Gentle Ben.

On hold.

You put him on hold?

That's what you told me to do!

Carol,
maybe you ought to...

DONNA:
C.J.?

Donna, my darling,

would you pick up
line one

and tell this guy

you can't find me.

What's wrong?

JOSH:
Leo won't want to tell him

before the State of the Union.

It might throw him off his game.

But it doesn't
change anything.

You want him hit with it
leaving the podium?

One hour. Guy couldn't
wait one hour?

My God, Toby.

Yeah, you're right.
Sorry.

He hasn't left, has he?

They're having tea.

You heard?

It hit the wires?
I got a call.

Does the President know?

Charlie?

Ms. Anders.

Ms?

You sorry son of a...

Charlie, are we...?

I beg your pardon.

CHARLIE:
Mr. President,

may I have a moment?

Oh, my God.

Yeah.

I am so s...
What did I just do?

We can't do this.

He's got a speech.
Maybe you've heard of it.

Any minute,
we get the word and he goes.

I have never
hit anyone,

not since
my kid brother...

You're a natural, then.

You deserved it.

We can't do this now.

I shouldn't have come.

How did you even get in?

What? Without you
to wave me in?

We really can't do this.

So, a one-night thing
would have worked
better for you?

I know three weeks
was too long.

AGENT:
Charlie?

They're ready.

( R&B song plays )

* Yeah

* Are you diggin' on me? *

* Yeah

* I'm diggin' on you,
now, baby *

* Yeah

* Do you want a little bit
of my love *

* Yeah, yeah...

Hey.

Thanks for having me.

Are you sneaking out?

I break dance at 3:00.

Happy New Year, Angela.

MAN:
Look, I'm not proud.

I'll take my rights
on the installment plan.

A voting delegate
for the District?

Oh, they can give Utah
their own chamber,
for all I care.

Yeah, but if we accept
a specially-created House seat,

it could be an obstacle
to D.C. statehood.

I wouldn't lose
any sleep over it.

I disagree.

A seat for us,
balanced by one
for Mormon missionaries...

Got that
"something-for-everyone" feel?

And it's coming
from Congressman Drake.

Drake didn't propose
a bill.

He floated a notion,

probably because
he took heat

over sponsoring
D.C. vouchers.

So, you think
it's just talk?

Folks in the District

are no closer
to getting the vote

than our ancestors were.

Can I quote you on that?

You're a reporter?

Wannabe. I'm an intern
at the Afro-American.

Meeshell Anders.

I read the Afro
every time I'm
in a barbershop.

Well, that's
our market penetration.

I can't really give you
that for attribution,
Meeshell.

But if you want to say
a White House staffer...

C.J.:
Am I mad at you?

It's not my question.
It's Ben's.

Ben...

Of the husky voice,
no last name,

and the 907 area code.

Oh.
He said
you never

return his calls
and are you mad at him.

What did you say?

That you'd have
to get back.

Toby!

Great draft,
Shakespeare.

( sighing ):
Oh, thanks.

Really, you nailed it.

State of the Union's
finished.

Okay.

What are you gonna do
the next two weeks?

( sighs )

Dot the i's?

I've got pollsters
waiting.

They tested this draft?

That's their job.

I'm sure
they're gonna love it.

( sighs )

JOSH:
Really?

Joey Lucas stopped by?

She was sorry you weren't
in yet. Nice suit.

Was it a heads-up pre-meeting
kind of stopping by,

or a long-time-no-see
kind of stopping by?

You know,
I couldn't tell.

How'd she look?

Great.

I heard she was
seeing someone.

Yeah, I think she is.

Did she say
she was seeing someone?
No.

So who knows?

Maybe the time is ripe.

Maybe not so much.

That's not very supportive.

Here at the start
of a New Year

with clean slates,

broad horizons
and anything's possible...

Josh!

...and with women,

the draft scored
even higher.

You can see spikes
in all your
policy priorities.

In the 80 percentile
in education
and job retraining.

Where's the "room
to improve" addendum?

There isn't any.

We've never seen
this before,

but two weeks out,
it looks like

you've locked your State
of the Union message.

Well, that's impressive,
Toby.

Come on, the section
on antiterrorism is...

It didn't
make people sing

"Oh What A Beautiful
Morning," but...

She wants you to know

that she actually
sang that--

but it was well within
the "interested" range.

We'll put it out
to mall tests next week,

get feedback
on the key paragraph.

Yeah, 'cause we haven't really
found that yet.

It's not the writing
that we'll examine.

Mall tests
are about tone--

how the President should
deliver the speech.

We'll hire
a spokesman.

An actor.

Not a known actor.

TOBY:
Oh, that's better.

Purchase intent
can vary...

"Purchase intent"?
What are we doing?

Selling cornflakes?

Come out and watch.

Good idea, Toby.

Doesn't sound like you
have anything else to do.

The Freeway Alert Bill

is on a fast track.

The Senate may have something

for the President to sign
before they recess.

Grants to track
kidnappers?

I think the President'd
welcome that on his desk.

Yeah, well,
there's an amendment.

MARGARET:
Your flights
are all confirmed--

Buffalo, Grand Rapids,
Bradenton.

Joey Lucas will meet you
at the Michigan mall.

Your research assistant
has the latest itinerary.

Then why tell me?

I wasn't sure she...
She's new.

This position is kind of
a jump for her.

She compiled clippings
at Energy.

I know Leo's been pressuring
you to hire someone.

And I heard she was helpful

during the shutdown,
but...

I thought
I'd give her a shot.

Just know, if she
doesn't work out...

Cab's here, Mr. Ziegler.

Ready for blastoff?

Uh-huh.

Have a good trip.

Can she write as well
as she slow dances?

Leo and Josh
are already in there.

You always move in
so fast,

or is she special?

Not that it's any

of your business,
but we hit it off.

And you can find time
for a love life?

I did have to cancel
on her Sunday--

an attempted coup
in Riyadh.

Excuses, excuses.

Tonight I thought

I was home free
with the President
at the opera,

but he bailed at intermission,
and now you're here.

Don't cancel.

Go late.

A demanding job
is a strong aphrodisiac.

Are you the devil?

It's folks who act like angels
Iworry about.

It arrived?
It did.

The Hicks Amendment
wasn't written
in disappearing ink?

Unfortunately.

He can sign this.

The body of the bill
is right on.

Helps communities mobilize

when a child is abducted.

But the amendment

isn't limited to kidnapping.

It toughens federal
sentencing guidelines

for all offenses.

No congressman
ever lost re-election

for looking tough on crime.

JOSH:
Any president
who vetoes

a crime bill risks becoming
the Pillsbury dough boy.

Well, at least

he's got
ten working days to decide.

If he does veto, it can wait

until after
the State of the Union.

( door opens )

Mr. President, Abbey.

Turandot wasn't
all you hoped for?

Yeah, I'm becoming
a culture wimp.

Can't even sit through
Puccini

without banking
a good night's sleep.

And you certainly
haven't done that lately.

So, Congress launched
another assault

on judicial
discretion?

I think they were
aiming at kidnappers.

And slipped in

the amendment
hoping we wouldn't notice?

JOSH:
Indiana's in
a budget crunch.

They had to mothball
a new state prison.

Hicks'd probably like
to reassure voters

that the Federal Bureau
of Prisons will take up
the slack.

This is what
we were talking about.

I should have issued
those pardons.

You've had a few
things on your plate.

Congress doesn't know
I'm serious

about these
draconian sentences.

Sir, I don't think
issuing pardons

would have stopped
Congress.

No, they've been
at it for 30 years.

War on Drugs,
War on Crime.

Somehow, it turned into
a War on Judges.

Apparently, we
no longer need

subtle minds
on the bench.

Is Counsel even working
on a list of pardons?

Of course.
That's ongoing.

PRESIDENT:
But never gets done.

Let's talk to Justice,
get back into it.

Yes, sir.

Of course, with the run-up
to the State of the Union,

this isn't the
best time.

We need
to stay focused.
Yeah.

The fallout over Gabriel
Lessieur alone would be...

Someone wants

to pardon Gabriel Lessieur?

ABBEY:
I think
Lessieur's case

merits consideration.

Sorry, ma'am.

Not as sorry as you'll be
if she gets started

on what the FBI did or didn't do

on that Indian Reservation
in 1977.

LEO:
Sir, you know I'm only
concerned with timing.

This bill isn't perfect.

But you sign it now,
you arrive

for the State of the Union

in a spirit
of renewed cooperation.

Something to sleep on.

Speaking euphemistically,
of course.

There's always hope.
Good night, all.

Good night, sir.

Good night,
Mr. President.

Good night.
Good night, Abbey,

Good night, Charlie.
Go home.

Could there be
a worse time
to consider pardons?

I don't want him distracted.

Should I drag my feet?

How about
you don't break your neck.

Is that how it usually works?

The First Lady tees him up?

Honestly, I've never

seen her weigh in like that--
not on policy.

You missed her homecoming.

Okay, enough.

But is this their dynamic?

It's new to me.
Leo?

He's sleeping on it.

That's all I heard.

The President is
not considering
pardons at this time?

Right.
He is not considering
a commutation

of tribal leader
Gabriel Lessieur,

convicted in the deaths
of two FBI agents

in North Dakota?

No.

He is not considering
clemency

for a former
Republican Governor,

indicted for fraud and recently
diagnosed with liver cancer?

No.

Why does everyone
in my press room think he is?

Maybe because we called

the Assistant AG
in charge of Clemencies

and asked the Pardon Attorney
from Justice

to meet with the Counsel's
office today.

So, how about,

"The on-going process
of reviewing petitions

"is proceeding,
but the President is not

considering pardons
at this time."

That works.

What's all this?

Counsel's office
sent these over.

They're the case files
for today's meeting
with the Pardon Attorney.

I didn't think
there'd be so many.

There are only 36,
but they aren't short stories.

Each file has
the original trial record

a petition by the prisoner,

the Bureau of Prisons'
recommendation,

the DOJ recommendation,

White House Counsel's
preliminary report...

Don't leave them here.

They said you wanted
to take a look.

I said we wanted
to take a look.

And when I said "we"...

You meant me.

I'll help you.

Thanks.

Move them.

Right.

You'll need a space where
you can spread out.

We'll need to be familiar
with the specifics

of each of these petitions.

And when you say "we..."?

That's the spirit.

Each participant is paid $10

to answer a battery
of questions

and then listen to one
of three versions
of the speech.

In Booth A,
we have Execution One.

ACTOR:
And we know that the hard work
of forming

this more perfect union
belongs to us all.

The state of our union
is strong...

Booth Two is Version B.

The state of our union
is strong.

With courage, with faith
in our democratic foundation

and the human spirit it
fosters...

And Booth 3.

...that the hard work of forming
this more perfect union

belongs to us all.

So, which one
are they gonna go for?

The Amana fridge,
Samsonite luggage

or Door Number 3?

Most of my political clients
are reassured to know

that these tests
work in sales.

What about
your commercial clients?

They like knowing
they work in politics.

It's gotta be Version B.

It's... it's strong,
but not mean.

That's the one, right?

It is.

B's showing a significant
26% movement

in purchase intent.

I need some coffee.

RENA:
Oh, I'll get it.

No, I'd rather, thank you.

Okay, well, d-don't forget.

We're a left turn
at the Mrs. Fields.

CHARLIE:
It's usually slow on weekends.
We'll get takeout.

And I'll give you a tour,
if that sounds okay.

E-mail me your date of birth and
Social, so I can wave you in.

I'll call you later?
All right.

Charlie, any chance
of getting five minutes

for a meet and greet
next Friday?

Friday?

The Vice President
is in Atlanta,

and the Kaehlers are coming

to town unexpectedly.

They are...?

Robert and Jean Kaehler.
WestCo Mining.

One of our most
generous contributors
west of the Rockies.

I'll see what I can do.

Thanks.

Don't promise them.

Yes, sir?

Did you know Woodrow
Wilson averaged

344 acts of clemency
a year?

I didn't.

Calvin Coolidge managed 326.

FDR was over 300 yearly,

for a grand total of 3,687.

Until the last 40 years,

Presidents routinely
exercised their power--

as stated in the Constitution--

to give relief
against harsh sentences.

Recent presidents have averaged

40, 20, and seven pardons
a year.

Why'd we get so stingy?

Law and order's become
a national concern.

And the pardon process has
become less transparent.

No records kept,
no rationales given.

The ones we do remember--

the Eugene Debs,
the Jimmy Hoffas--

were controversial,

if not downright scandals.

You understand, sir,

I'm not against

you issuing pardons.

"The benign prerogative,"

that's what Hamilton
called them.

Benign? It's a bag
of lit dynamite.

Yeah, maybe the FBI bungled
its investigation

on an Indian reservation
30 years ago.

And maybe we let the wrong guy
go from puberty to retirement

in a prison cell...

And sure, maybe it
would be a generous
act of bipartisanship

to forgive an ex-Governor
who's battling cancer...

Who would have never gone
to trial

if a Republican were sitting
in this office.

I know the First Lady
has received

letters from tribal leaders...

Is Josh sitting in on this
meeting with Justice today?

He's in and out.

The Attorney General sent
a deputy with a heartbeat?

Sir, I don't believe
Fisk sent a Deputy AG.

It's just the Pardon Attorney.

The AG expects White House
Counsel to sit down without...?

Well, actually, Counsel

isn't in this, either.

It's more... preliminary.

Is Deputy Counsel there?

Who is in this meeting, Leo?

WOMAN:
So, that's my main concern.

If Josh doesn't return...

I'll get you an answer.

We need guidance.

Is the President looking
for packing peanuts,

or does he want to...?

"Packing peanuts"?

Yeah.

( door opens )

Please, everyone, sit.

You're my Pardon Attorney?

Yes, Mr. President.

Portia Colgrave.

PRESIDENT:
You've survived three
administrations

in this job, am I right?

You are, sir.

So, how do I stack up
so far?

You're about at par.

Which ain't saying much, is it?

May I?

Yes, sir.

This is the list
that we've been discussing?

These are
first-time offenders

who've served
at least five years

of a ten-year-or-longer
sentence under the guidelines.

Ten years or longer.

All nonviolent?

Oh, yes, Mr. President.

So, where were you?

We were about to discuss
packing peanuts.

CHARLIE:
So, this is the Roosevelt Room,
which was the President's office

until FDR decided
he deserved some sunlight

and built the Oval.

Here's the Communications
Bullpen...

Wait, wait, wait,
slow down, Charlie.

I'm a little overwhelmed.

It's part of my plan
to sweep you off your feet.

You already did that.

You were pretty easy.

And boy, was I relieved
when you called again.

I never do that.

I'm actually kind of a prude.

Fooled me.

This is the West Lobby.

You should get your bearings
for when you come back.

What do you mean?

I talked to C.J.
about getting you into...

C.J. Cregg?

Next week,
the President's meeting

with some college editors
for Martin Luther King Day,

and I asked C.J. if it would
be okay for you to join.

Did you say something
after "President?"

It'll be an intimate
group of 60.

Thank you.
I'm nervous already.

I read your piece;
you got game.

Hey, Donna.

Hey, Charlie.

Donna Moss, Meeshell Anders.

Hi. Nice to meet you.

Nice to meet you.

I'm giving Meeshell
the nickel tour.

It's pretty great, huh?
We all forget.

Yeah, it's amazing.

We've got food coming,
if you want to join us.

Oh, you're too polite.

He's too polite.

What are you doing
here today?

Don't ask,
it's too depressing.

Nice to meet you.

( sighs )

PRESIDENT:
"Packing peanuts."
That's what they're called.

The low-profile cases?

Apparently, these
nameless offenders

can be useful insulation
for any cronies

I may want to spring.

Are you getting pressure...?

All over my call sheet.

I'd been thinking if
I commute a Chippewa

and an indicted Republican,

they might cancel
each other out.

But they're off
the front burner now?

I know how you feel
about Lessieur.

I'll consider him
in the future.

But it's these packing peanuts--

these victims of Minimums--
that are bugging me.

That's what Congress
pushed front and center

with this amendment.

I can't sign a bill
that toughens guidelines

and ties judges' hands,
then turn around next month

and advocate
judicial discretion.

What's in this?

Just warm milk.

Does this ever work?

It has.

Are you worried this might be
another Wallace Turner?

A little, sure.

You were a new Governor,

and you listened to the advice
of your parole board.

His victim's family probably
isn't too comforted by that.

Leo's worried it's
the wrong time for pardons.

Leo hates to see you
sleepless and distracted

when you're about to announce
your agenda for the year.

Do you hate to see me
sleepless and distracted?

This is just your preamble.

You're about to be inspired.

MEESHELL ( laughing ):
Wait. Never mind!

No, it's right here.

Um...

( keys clank )

Good finale.

As seen on TV.

It's a little smaller
than I thought.

And dirtier.

Why the Press can't clean
up after themselves...

You enjoy the picnic?

On a porch outside
the Oval Office?

It was all right.

And the President
only called once.

Was that really him?

No, I faked it.

It was Rick in Protocol.

You know, it's kind of sexy
when you're all,

"Yes, sir, did you look on
the bookshelf, Mr. President?"

Go on.

Get up behind the podium.

I'll take your picture.

You brought a camera?

Go on.

You belong up there.

Charlie, I started
to bring this up before,

but I didn't want
to say it on the phone.

What?

I do belong here.

I know it.

No. I mean, I really
do belong here.

It wasn't for certain,
when we met, but...

What?

I'm coming to work here.

Here?

My internship's ending,
and I've been offered

a really entry-level job
in the Press Corps.

The White House Press Corps?

I-I'm going to be an
off-camera reporter for NBC--

mostly making sure that
the on-camera reporter

gets called when
something happens.

You're covering
the White House--

the President--

for a network?

I will be.

And you let me act like...

You didn't mention this?

I know-- I-I didn't want...
Anything I said today--

everything I said--
was off the record.

No, of course.

He depends on my discretion.

Charlie, I would
never, ever...
He's not just the President!

What do you mean?

Never mind.

I really don't think
this should change anything.

RENA:
We have seats on the 1:10,
Bill... Is it Bill?

( laughs )

We were hoping you could
get us something earlier.

TOBY:
Please.

Oh, this is...
I'm out of here.

Is something wrong,
sir?

Yeah. Keep your 10 bucks!

POLLSTER:
Hi, are you a registered voter?

Excuse me, sir...
Huh?

I'm with
the polling group inside.

Yeah, I saw
you in there.

Just curious:
Why'd you walk out?

It's a waste of time.

Why?
Politics.

What, are you guys
trying to target me,

or trying to find
out what makes me...

I don't know...
what is it you want?

You want me to feel like
I'm part of the club?

Maybe.

Well, you won't
do it with words.

Not words that are
pre-tested and reworked,

sanded down...
wrapped in a bow.

Hey, you want to impress me?

Do something.

Talk's cheap.

You ever listen to the President
when he addresses the nation?

Yeah. Sometimes.

I usually end up throwing
something at the set.

( chuckles )

Josh calling.
What was that?

That's my guy.
That's who I write for.

Yeah.

Toby, we need you back.

The President's
made some decisions

that are going to affect
the State of the Union.

How?

ANGELA:
I'm saying if he vetoes
the bill tomorrow...

LEO:
How many times do I have
to tell you...

C.J.:
He's vetoing the amendment.
We'll make that clear.

It's still a veto.

It's not like Congress
will forget in a week.

LEO:
Could be an icy reception
for the State of the Union.

C.J.:
I'm still not clear
about the pardons.

ANGELA:
Maybe the First Lady
can explain it.

JOSH:
He's not pardoning Lessieur
or any ex-Governors.

He's strictly granting
commutations

where Minimums and Guidelines

have resulted
in unfair sentences.

Yeah, I've been trying
to say that, but...

When pardons
are rumored,

lobbying takes on
a life of its own.

There's no chance
he could delay?

Hi.

You straight
from the airport?

ANGELA:
Welcome to hell.

So Congress forced our hand
with a crime bill...

ANGELA:
And the President wants

to run into the fire
and issue pardons.

Plenty of lemons;
we just can't find a recipe

to make anything
out of them.

Except hemlock.

Actually, I think the
President's instinct is right.

We don't run
away from this.

We... We pack his veto
of the Hicks Amendment

and his policy-based pardons
in with the State of the Union;

make it more than just
an isolated speech.

Yeah, he can come out for
gay marriage in the military
at the same time.

No, I'm serious.

I say the President
announces his veto

on the eve of the
State of the Union.

The next morning, his
pardons become Act Two...

..of "Respect
for Federal Judges..."

...and prelude to his trip
to the Hill that night.

Which now is more
than hat in hand,

begging Congress
for a laundry list

of priorities.

The State of the Union becomes
a few words about his agenda

from the President who,
as you've seen, is a busy guy.

It's the closest
thing I've heard

to what the
President wants.

Can we pull it off?

At least we come out swinging
while we own the news.

Courage of our convictions.

ANGELA:
Republicans'll still try

to demagogue us
with these pardons.

Maybe we focus on the
most sympathetic cases.

Personal stories will
make it less abstract.

I gotta keep writing.

Josh, I need you to hone
this list of commutations

to a perfect few.

I understand Justice
has given some 30
names to Counsel.

Thirty-six.
We're taking a look, too.

C.J.:
We need poster kids.

Former and future
altar boys and girls.

Are they all doing
time for crack?

Not all; but we're talking
Mandatory Minimums.

That means drugs.
You want ten names?

Five or six.

Remember how they're going
to look in the Times photo

and let's spare him
any recidivists.

The First Lady
called to remind you
of your invitation

to New Hampshire
for Presidents' weekend.

She doesn't want
to pressure you,

but they won't take no
for an answer.

CAROL:
Do we want to comment
on a rumor

that FBI agents
will picket the White House

if the President considers
pardoning Gabriel Lessieur?

C.J.:
We don't comment on rumors.

Did the FBI?

The Bureau Chief said
that it would only
be off-duty officers.

Oh, good.

Any other calls?

Ben of Glacier Bay.

Is he really
a park ranger?

He did this Smokey
the Bear riff...

What are you...

Don't talk to him.

You want me to hang up?

I... put him on hold
and find me.

If he calls again.

"If"?

You were looking for me?

You never gave me
the name of your friend--

for the MLK college junket.

Yeah. That's...

Forget that.
It isn't going to happen.

Are you sure?
It's no problem.

I'm sure.

C.J.-- with the press--
could you ever trust a reporter?

Is this the beginning of a joke?

Never mind.

Uh, Mr. Ziegler asked if
you could give this a read

and get him notes ASAP.

Was he smiling?

Does he smile?

DONNA:
The Kaehlers are
in the Mural Room.

Who are the Kaehlers?

Moneybags from Colorado.

The Vice President's
out of town;

the President got held up
with the Joint Chiefs.

You don't have to be pissy.

This is not pissy.

Donna, it's a huge risk
for the President.

We have to cull the list.

We have to be brutal.

These 36 people
haven't been culled enough?

Out of thousands
of applicants?

Forget that they've
all been in prison

for at least five years.

For committing crimes.

Still!
They submitted petitions

to Justice that took two years
to inch from desk to desk.

None of them are violent,
although, by now, I would be.

None of them has priors.

A lot of them, their judges
spoke at their sentencing

against the harshness
of what they had to impose.

Doesn't mean we
stop scrutinizing.

Then scrutinize away,
but tell me,

do we toss out Daisy Aimes,
mother of three,

worked two jobs, had a boyfriend
who stored a kilo in her closet?

She's done eight years

and is facing 11 more.

That's longer than rapists
and child molesters get.

There's about 15 Daisys in here.
Do we pick three?

Donna...

You haven't
read these files

or looked at these photos

and I don't blame you;
I wish I never had.

But I don't see a list anymore.

These are people.

If you want to cull them,
jump in.

I'm done.

Sorry, am I...?

No-- he's got the Kaehlers
in the Mural Room; we know.

Actually, you may want
to skip the Kaehlers.

They're not here
by chance.

What do you mean?

Their son petitioned
for clemency.

They're here
to plead his case.

There's a major
party contributor

with a family member
under pardon consideration?

No. There's no Kaehler
on the list.
He's the wife's son

from a former marriage.
His name is Morrisey.

Donovan Morrisey?

Estes Park high school senior
who FedEx'd LSD.

I can tell them you're tied up.

DONNA:
No.

I will.

Charlie...

He's gone for the day.

Charlie, she's gonna
be working here.

You can't ignore her.

Good night, Angela.

Give her the respect
of taking her calls.

Don't get mad and write
her off a guest list.

She's beyond college editors;
way beyond.

Her family founded
the Afro-American.

If you want to know
a girl's entire history

and career plan before
you get involved,

I have two words for
you: search engine.

So you knew she was joining
the press corps?

I didn't. I'm friends
with her aunt.

I should've guessed.

The sprawling web
of District Aunts.
It can't be avoided.

Unless you date the
President's daughter.

Have a nice weekend.

PRESIDENT:
How did it ever get this far?

JOSH:
He has his
mother's name.

He fit all our criteria
for commutation.

If we didn't put it together,
maybe the press won't either.

LEO:
Sir, if they do...

Your message
gets stampeded:

"White House Bends Justice

for Big Bucks."

JOSH:
Even though
we weren't.

TOBY:
And who's gonna
believe that?

The kid's parents
practically

bankroll the Colorado Party;

not to mention
their White House visit.

So this kid gets screwed for
having an important family.

Sir, you can commute him
sometime in the future.

LEO:
How's Counsel doing

on the rest of the list?

I touched base with
them about an idea.

I know you and
Toby need to work

on the new sections
of the speech...

No, we need to settle this.

If you want to throw light
on how

Minimums and Guidelines
conspire

to produce disproportionate
punishments...

And worse,
leave judges impotent.

Our judicial system
is predicated on
an individual's right

to a fair trial.

But how individual
is that process

if a 258-box grid

seals your fate

before you ever step foot
in front of a judge--

a federal judge that my office

has invested considerable effort
in selecting--

who is then constrained from
exercising basic common sense,

while 29-year-old
prosecutors,

who make their bones
on their win-loss record,

hold the only discretion
in the whole system?

Were you taking notes?
Got it.

JOSH:
Sir, let's say the list
stays at 36 names--

or 35-- without
this Colorado man.

We don't monkey around creating
a few poster kids.

We say all these cases
represent a larger injustice.

It's not just about them.

Is she waiting outside?

She is.

But honestly, sir--
No,

she took the bullet
we all managed to dodge.

Show her in, please.

Hey.

Come in.
Come in.

DONNA:
Mr. President.

I understand you have
a message for me.

Uh, yes, sir.

I promised Mrs. Kaehler
I'd do my best.

What did she say?

She said her son Donovan

made a terrible mistake
when he was still a teenager.

It doesn't excuse anything,

but her divorce was
very hard on him.

By the time he went to trial,
the shock of his arrest

had given their family
a wake-up call:

Donovan had completed
a drug treatment program,

finished high school, and
been accepted to college.

Unfortunately, the Guidelines
prevented the judge

from considering
any of those things.

She said after Donovan finished
one year in prison,

missed one birthday,
one Christmas,

one fly-fishing season,

the other six years
he spent in Leavenworth

have been a frozen hell.

Her words: A frozen hell.

She wasn't-- She's...

She's someone who copes...

but she said if it would
make a difference,

she'd get on her knees.

She begged for your mercy.

That's all.

Thank you, Donna.

Mr. President?

Take him...

take Donovan off the list.

You can pardon him
in the spring.

After the dust settles.

Yeah.

to learn this lesson
is far too costly.

We have to listen to what our
federal judges are telling us

about the sentencing guidelines
and Mandatory Minimums,

and Congress has to wean itself
from the expensive high they get

enacting laws which appear tough
on crime, but are ineffective.

I will never surrender
in the War on Drugs,

but if you're consistently
getting slaughtered

on the battlefield, you've
probably misjudged your enemy.

I don't offer these pardons
today to kingpins

or career traffickers who lay
waste to our innocent citizens,

but I do extend these
clemencies,

like amnesties after
a prolonged, bloody war,

to some among us
who have fallen

to a ravaging
and confounding enemy.

I offer these clemencies
confident that,

if we reenlist
our judges' wisdom,

we stand a better chance
of prevailing against crime.

We have to accept that,
to be truly tough on crime,

we must first understand
how to be smart on crime.

That's our boy.

Mercy is not a weakness.

It is not a symptom
of lack of...

If it was you
whispering
pardons in his ear,

it was the right thing.

I don't whisper, Leo.

That's not how
it works between us.

...and pride
in our great nation,

as well as the laws...

My job is to help Jed

be as good a President
as he is a man.

Oh?

I'm not going to sit back

and judge anymore.

I'm going to jump in
and get my hands dirty.

We can use the help.

Come on in here.

Let's have a cup of tea, Leo.

Unless you ignore my invitations
on principle these days.

About Presidents Weekend--
I'm thrilled.

But I thought I'd
give you a chance...

To back out?

We want to see you.

We invited you.

It's been ages
since we stayed up late

arguing the proper sequence
of hands in Shanghai Rum.

It's one set, one run,
a run and a set.

( chuckles )
I thought you
might reconsider.

You may not have
gotten your
invitation yet.

Is this about
Jenny's wedding?

Yeah.
I can't dress

for this thing without you.

Which one screams dominance?

Do I get to wear
it afterwards?

No comment.

Darjeeling?

Thank
you.

Leo thinks we
should reconsider

attending his
ex-wife's wedding.

No way.

You're old friends.

Jenny would like it.

We plan on sending
them something nice.

Don't we, Jed?

Something for the kitchen--
a juicer, maybe.

Encourage Howard
to lose a few pounds.

Or his and hers
binoculars.

They have these
prism optics now.

ABBEY:
I don't think Howard
actually goes outdoors.

He's more a Discovery Channel
type of birder.

PRESIDENT:
That's probably better,
with his asthma.

A nice book then--
something with large
print, of course.

Yeah. Mm-hmm.
We'll think of something.

You two are evil.

PRESIDENT:
We've always
loved Jenny.

But you're the one
we want to spend
the weekend with.

To union.

All states of it.

Hear! Hear!

( phone ringing )

( wolf whistle )

Josh Lyman's office.

Now I remember why
I love this night.

You love this night because,
in two hours,

you'll have a sour mash
in hand.

That's me. I'm Donna Moss.

The press conference
was a hit.

The President
did well this morning.

They ranting
on cable?

Uh-huh.

Guess this
makes it official.

You'll do
your family proud.

Are you sure
I shouldn't just

stick my head in
and say hello?

I wouldn't.

I'd keep it
professional, you know.

Just shake hands.

I don't want it
to be awkward.

Number one,
I don't believe you.

You have "broken heart"

written all over you.

Number two, he's got
the State of the Union
in less than an hour.

I just thought...

Don't be a fool.
Stay out of there.

CAROL:
It's Gentle Ben on hold.

C.J.:
You put him on hold?

CAROL:
That's what you told me to do.

C.J.:
Carol, maybe you ought to...

C.J.

Donna, my darling,

would you
pick up line one

and tell this guy
you can't find me?

What's wrong?

I just had a call

from Anne Kaehler--
Donovan's sister.

He killed himself.

Who's Donovan?

I lost Mr. Ziegler.

He was just here.

Sorry. Can't help.

You heard?

It hit the wires?

I got a call.

Does the
President know?

PRESIDENT:
Looks like
the gang is hovering.

Come on in, guys.

What's up?

Go on.

We've got this.

Charlie?

Ms. Anders.

Ms.?

You sorry son...

Charlie, are we...?

I beg your pardon.

Mr. President,
may I have

a moment?

There's nothing
you could have done.

It's stupid. I
don't even know...

It's not stupid.

You met them.

They got to you.

I need to learn
how to not be so...

how to keep things
at arms' length.

I hope not.

We're heading over.

The President asked if you'd
escort the special guests.

So a one-night thing would
have worked better for you?

I know three weeks
was too long.

Charlie, they're ready.

Actually, the
first two weeks

were pretty great.

When you thought I was nobody?
No threat?

I protect him.

It's my job.

And I meant no threat to you.

When you said he
wasn't just the President,

I understood.

I'll see you around,
Meeshell.

TV HOST:
Were you surprised by the warmth
of the reception?

GUEST:
I was. When you consider our
government was gridlocked

two months ago
over budget disputes,

tonight's State of the Union
had a welcome forward momentum.

HOST:
Absolutely.
Let's take another look

at some of the significant
high points.

PRESIDENT:
The hard work of forming
this more perfect union

belongs to us all.

We need to be as wise
as we are resolute,

as smart as we are strong.

The President will join us
shortly for photos.

If anyone would
like refreshments...

That was quite
a speech the
President made.

Quite a day
for your organization.

Yes, ma'am. I wish that you
could have been in there

when we made those
35 phone calls

to the families
this morning.

President Bartlet,
wonderful speech, sir.

Thank you.

Mr. President,
this is Mr. Holmes

of Families Against
Mandatory Minimums.

How are you, sir?
Sir.

And his sister, Kandy.

Hi.
She just got home
a few hours ago.

Sir, there
are no words

to express our gratitude.

Today has been overwhelming.

Thank you, sir.

Kandy was saying
on the way over

she feels like she's
been hit by lightning.

I hope it's not
quite that random.

I can never
repay you.

Oh, yes, you can.

You got the second chance
you deserve,

but it's also a heck
of a burden.

If you screw up again,
you don't just

hurt yourself
and your family--

you damage me.
And worse,

you hurt all those
prisoners still hoping

for the fair shake
most of them won't get.

Am I right, Donna?

Yes, Mr. President.

Ms. Holmes,
you need to take

your life in your hands

and make sure that none
of those left behind

are ever more
deserving than you.

I will, sir. I promise.

Okay.

Thank you.

Keep in touch.
Yes, sir.

Bless you all.

It must be an honor
to work for him.

It is.