All language subtitles for Law.and.Order.S14E14.City.Hall.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system,

the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

Then she made him wait

until, like, midnight
just for a fax.

What a bitch.

Did he say anything
to Councilman Reardon?

No, what was
he supposed to...

Oh, God, Craig's
at the desk.

Hey, are one of those for me?

We didn't know
you were here, Craig.

Wait. Why did the fisherman
cross the road?

These are getting
cold, Craig.

No, why did the fisherman
cross the road?

To get away from you?

Just for the halibut.

Don't you get it?

Hell-of-it, halibut...?

Very funny, Craig,
for a five year-old.

Guy fires three rounds,
then he's out the door.

What's the body count?
Two down.

Councilman Clarence Johnson,
shot in the neck.

Bled out before anybody
could help him.

The other victim's
in surgery at Beekman.

Another Councilman?

No, thank God.
A guy named Tabachnik.

Works for D.E.P.
Water and Sewer.

Is he gonna make it?

Looks that way.

The Mayor's been notified.

He's on his way
back from the Bronx.

What about witnesses?

There were nine employees

here in the Rotunda
at the time.

They're upstairs
in the conference room.

Where they can
compare notes?

I'll put them
in nine different rooms.

Anything you need, Anita,
just ask.

Councilman Johnson's staff
still here?

We locked down the building
as soon as it happened.

Nobody's come or gone.

Yeah, except for
the shooter.

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GET THE FEELING.

I mostly saw his back. mid-,
He just tore ass past me.

You didn't try
to stop him?

Hey, I didn't get
the call on my radio

till like a minute
after it happened.

And by then the shooter
was in the wind.

I was coming in from lunch.

As soon as I walked in
I heard the shots.

Did you see
the gunman?

Ran right by me.

White guy about 40,
losing his hair a little,

with this crazed look
in his eyes.

He wants answers now.

I understand
how important this is.

When we know,
you'll know.

Any leads? I got to
give him something.

A White male, acting alone.

Give us some time,
Mr. Williamson.

Any way we can help,
let us know.

You have the full weight of
the Administration behind you.

That's fine.
Just keep it off my back.

How did he get a gun
through the metal detector?

Good question.
Give me a good answer.

Not everybody goes through
the metal detector.

If it was a busy day
like today,

people that work here,
we know them,

we usually let them
go around,

so they don't have
to wait in line.

There's a reason you're
not supposed to do that.

You have to be a city employee

or have an appointment
with someone.

You can't just walk in
off the street.

City Hall--
closed to the public.

Like every place else,
they tightened up after 9/11.

And like every place else,

they've slipped back
into business as usual.

So where are we on the gun?

The slug we pulled
from the wall is a .38.

No shell casings, so we're
looking for a revolver.

How about the eyewitnesses?

All over the map.

White guy between 20 and 40,

straggly dark hair
or no hair,

five foot eight
to six foot three.

So every White male
in the city except you.

Van Buren.

Thanks.

The second victim
is out of recovery.

I'm a water inspector.

Haven't been to City Hall
in 23 years.

Day I go, some wackadoo
blows a gasket.

Well, consider yourself
lucky, Mr. Tabachnik.

Councilman Johnson died.

Geez mareez,
I was three feet from the guy,

talking to somebody
about water meters.

Did you get a look
at the shooter?

Just for a moment.

It sounded like
a firecracker going off.

I turned around and there was
this lunatic with a gun.

What'd this lunatic
look like?

White guy, five-ten, six feet,

just a normal
looking guy.

Next thing I know,
somebody's yelling

"Get down!"

and I'm on the ground,
my shoulder's on fire.

Then I'm laying there,

on the marble floor there
next to the Councilman.

I could hear him moaning,
real soft like.

My brother-in-law
worked his way up

from firefighter
to the City Council.

He founded the Ft. Green
After-School Initiative,

pushed through legislation

to fund a free shuttle
for elderly voters.

The voters loved him.

Now what about family?

Is there a Mrs. Johnson?

Clarence was single.

Believe me, my mother-in-law
wasn't happy about it.

Any personal problems?

Not that I know of.

If you think this
was some romantic mess,

you're way off base.

Clarence wasn't
seeing anybody.

The gunman was white...
maybe it was a racial thing?

Maybe.

He was the only black
guy in his fire house.

You're not staying
for the service, Mark?

I can't.

Please give
my condolences
to your family.

Nice of you to stop by.

Actually, I'm surprised
he bothered.

He's not one of your
brother-in-law's admirers?

Mark Lanier.

He and Clarence came up through
the fire department together.

I think he was always a little
jealous of Clarence's success.

If you'll excuse me
for a minute.

Mr. Lanier...

Mind if I ask you
a couple questions?

I have to get back
to work.

Look, I hear that
you and Clarence

weren't on the best of terms.

Lot of people weren't
on the best of terms
with Clarence.

Like who?

City Council voted to close
a couple of fire stations

last session
for budgetary reasons.

Clarence led the charge.

Johnson's on the job,
putting his life on the line

like the rest of us.

Then one day

he trades his turnout gear
for a suit and a tie

and suddenly
he don't know us from Adam.

Do other guys in the department
feel the same as you do?

The men in the houses
that closed

weren't thrilled
about being transferred,

but truth be told,
at the end of the day,

nobody lost his job.

How about the neighborhoods
that lost station houses?

According to the study

commissioned by
Councilman Johnson,

response time won't be
adversely affected

by the closures.

You don't sound convinced.

Trucks got to come from
somewhere further away.

You do the math.

Which neighborhoods
got the short straw?

Bay Ridge and Sheepshead Bay.

Black Councilman closes station
houses in Italian neighborhoods.

Engine 244's been in
Sheepshead Bay for 86 years.

One day they wake up and decide
we don't need it anymore.

Well, the truth is,
Mrs. Antinori,

the whole city's
feeling the pinch.

Yeah, well, let them
pinch somewheres else.

We formed
the Community Association

'cause we're sick of getting

the short end of the stick
from the city.

Councilman Johnson
being the guy holding
the other end.

I didn't see them closing
any fire stations in Ft. Green.

I think we're going to need
the names and addresses

of all the members
of your association.

I think you watched
The Godfather too many times.

We dealt with this the good,
old-fashioned, American way.

How was that,
with a .38 revolver?

A grassroots campaign.

We got behind a candidate to
challenge Johnson for his seat.

Sonny Rodino.

It's January.

The primary isn't
until September.

Yeah, well, there's
still plenty to do.

Sonny organized rallies,

a letter writing campaign
to keep the station open.

He even debated Johnson
right in the firehouse.

How'd that go?

Not good.

A couple of the firefighters
had to pull them apart.

You know where can
we find Mr. Rodino?

He hasn't
been around much

since he started a new job
a few weeks ago.

We're looking for Sonny Rodino.

Who?

Sonny Rodino.

Never heard of him.

We were told that
he works here.

Well, I don't know
who told you that

or what their problem is,

but there's no Sonny Rodrigo

here.

Call your boss.

C.J., I got a couple
of cops out here

want to talk to you.

He'll be right out.

That's quite a coincidence,
Mr. Abernathy,

you employing your
brother-in-law's political
rival.

Yeah, you know,
it might've been nice

if you mentioned
that little tidbit

the first time we met.

Clarence asked me to hire Sonny.

You know, off the books.

A no-show job.

Which explains why
I-Love-Lucy

out there didn't know
who the hell he was.

It was the only way Rodino
would stay out of the primary.

How much cash is Rodino
getting under the table?

He was getting
$1,500 a week.

Was?

The filing deadline
for the primary passed.

There was no way he could
challenge Clarence for his seat.

So Clarence told me
to cut Sonny loose.

You better have
a damn good reason

for hauling me down here.

Empire State Printing,
Mr. Rodino.

What about it?

No-show job, $1,500 a week,

tax-free.

Which I got for three weeks
before the bastards fired me.

Sounds like a good reason
to shoot somebody.

Oh, no. no way.

Okay, where were you at
2:00 Wednesday afternoon?

Aqueduct.

Spending some of
your hard earned cash.

That's right.
I actually hit a trifecta.

I keyed a filly named
Miss Demeanor in the third.

Paid $700 and change.
You can check it out.

Yeah, just like you did

in Thursday morning's
sports section.

This is bull.

I'm going home.
Not till we say so.

What am I charged with?

You can start with tax evasion.
You got an IRS badge

you didn't show me?
'Cause if you don't,

I'm out of here.

Whoa, whoa.

Everybody take a deep breath.

Can I see you two
outside for a second?

What do we actually have
on this guy?

You mean besides
a bad attitude?

He's got a nothing alibi

and a kick-ass
revenge motive.

It's not good enough
on a case like this.

Arrange some line-ups

with whatever witnesses
you can pull in.

We got six different
descriptions.

To be honest, Rodino doesn't
fit any of them to a tee.

The guard on
the metal detector said

he let the regulars through
without a scan.

See if you can put Rodino
on the VIP list.

Yeah, I've seen this guy
come through here before.

How'd he get in?

Always some kind
of official business.

What, I can't tell ya.
What about the day
of the shooting?

It's hard to say.

There was a bunch of stuff
going on-- school field trip,

a bill signing, a huge notice
and comment session

in the Main Council Room.

Notice and comment?

Refresh my memory.

I slept through
high school civics.

It's a big public hearing.

What was it about?

A bunch of business people
pissing and moaning

about their water bills.

Man, were they ticked.

Water bills?

Was Councilman Johnson
involved in that?

Nah. He'd just come in
from lunch.

They must've been
going off on somebody else.

Somebody else.

Like a water inspector?

The day our water
inspector got shot,

there were 200 citizens
at City Hall

griping about
their water bills.

Plus, Rodino's
alibi checked out.

A clerk at Aqueduct
confirmed that he
took his bet.

So we were looking
at the wrong victim.

Well, high-profile councilman,
low-level bureaucrat--

I mean, you hear hoofbeats,
you think horses, not zebras.

We also took for granted

that the shooter hit
who he was aiming for.

All right,
if the shooter
wasn't a regular,

how'd he get the gun past
the metal detector?

The magnetometers
are outside City Hall.

He could've slipped the gun
under the fence,

gone through security,
then picked it up
on the other side.

Great. I have to break
all this to the mayor.

Run down that water bill angle.

I've never done nothing
to nobody.

Why would anybody want
to kill me?

That's what we're trying
to figure out.

On the day
of the shooting,

a lot of business owners
were down at City Hall

complaining about
their water bills.

Not their bills.
How they're calculated.

The City's considering new regs
allowing for estimated readings.

Pretend for a minute
that water regs aren't
our life's work.

Well, estimated readings,
just what it sounds like.

One master meter per block.

Wait, what are you saying,
that you guess

how much
individual businesses use?

Well, that doesn't sound fair.

They get ticked off either way.

Water and sewer combined,

bills can run to five figures
on a commercial property.

And nobody thinks
they owe what they owe.

Anybody angry enough
to do something about it?

It's the city does the billing.

I'm just the guy people see.

You ever hear the expression,
"shooting the messenger"?

Geez.

You know, I...

I take so much crap,
I-I never thought...

They don't pay me enough
for this.

The people who dole out

this crap you take,

we're gonna need a list
of your top ten.

We're looking for the owner.

Hey, Stu. Cops.

Stuart Rubin.

Can I help you boys
with something?

We got, uh, scanners,

state-of-the-art walkies,
antennas...

No. We got questions
about a water inspector.

He said you got pretty worked up
over a bill he hit you with.

And he called the cops?

So you were worked up.

Do you see a laundry here?

You see a commercial kitchen?

No way we could use 30 grand
worth of water in a year,

much less a month.
The water inspector
we're talking about

was one of the shooting
victims over at City Hall.

And you think that I...?

Looks like you had

30,000 reasons to be mad.

Yeah, I've also got arthritis.

I can barely make a fist.

You tell me, how am I
supposed to shoot a gun?

I told Tabachnik,
I was grandfathered in

under the old '97 rates.

All it'd take is
one lousy look at the regs.

All he knows is what's written
on his friggin' clipboard.

Mm, that must've
pissed you off.

Well, it didn't exactly
thrill me.

Who's gonna lend me
money to pay my bills

with a water lien
hanging over my head?

So maybe you thought
you'd teach him

a .38 caliber lesson?

I was in 'Nam, two tours.

If I wanted to throw
a shot at Tabachnik,

believe me, he wouldn't
be talking to you.

That ain't exactly
a denial, Dale.

Well, then this is:
it wasn't me.

I'm sure
you'll understand

if we don't just
take your word for that.

Wednesday afternoon,
I would've been

closing down a
lunch hour rush.

I could line up
a few waitresses,

a half a dozen
customers if I had to.

And you have to.

Names and numbers.

We've exhausted
Tabachnik's fan club.

All right, thanks.

Not the right age,
not the right race,
some kind of alibi...

And these are all the people
who were angry with him?

Oh, probably
not even close.

Just the ones who gave him
the most grief.

So start with the ones
who suffered in silence.

Tabachnik read half
the meters in Manhattan.

Here, you want
to take our picture

so you can remember
what we look like?

You're right.
What if we could get

all these people
to come to us?

Oh, then we'd be magicians,
not cops.

Remember that sting
operation when

the Warrant Squad invited
its top fugitives

to a giveaway
for Yankee tickets?

That's right, on
the first-base line.

They grabbed, what,
almost a couple dozen felons?

Tabachnik's
angry businessmen

would go anywhere we told them
if they thought it would get

their water bills
wiped clean.

And maybe Tabachnik
can I.D. one of them.

Set it up.

Maybe you didn't hear me
the first time.

Form G-5 is the one
you have to fill out
in triplicate.

But there are
only two copies.

Hey, I don't
make the rules.

I just follow them.

All right!
We'll mail you one.

Next.

He is enjoying this
way too much.

Any familiar faces?

Not yet.

I'm sorry, but amnesty's
only being given to people

who meet a specific set
of criteria.

And what's the criteria?
We'll let you know.

I came all the way down here
for "we'll let you know"?

It's a bureaucracy, ma'am.

Well, that's three hours
of my life

I'm never gonna get back.

Was it worth it?

Well, we got
one candidate.

I'm pretty sure
this is the guy.

That makes him Peter Rubin.

7912 Parsons Boulevard,

Flushing, New York.

Rubin, as in Stuart Rubin?

As in Stuart Electronics?

Well, I won't.

All right,
then just put...

Detectives, I thought we
took care of everything.

That was before we found out
your son doesn't have arthritis.

Yeah, Peter?
You don't think

you should've
mentioned him before?

Why would I?
He had nothing
to do with...

Ah, speak of the devil.

Is there something wrong?

You're the only
putz I know

who can go downtown for amnesty

and come back
with homicide detectives.

Homicide detectives?

I have no idea
what this is about.

It's about that monster
water bill Tabachnik
dumped on you.

I didn't do anything.

You should be talking

to those schmucks down
at Radio Zone-- they're...

I can handle it, Pop.

Yeah, fine job
you're doing, too.

What's Radio Zone
got to do with this?

They're a national chain.
My father...

They've been trying
to buy us out.

We told them
to take a hike.

A week later,
this Tabachnik shows up

with a water bill
for a hundred times

what we owe-- which could put us
out of business like that.

So your son decided
to get even.

Tabachnik's the crook.

If he's doing the dirty work
for that company,

how many enemies
do you think he made?

You serious about
checking out Radio Zone?

I've been meaning
to return

this nose-hair trimmer
I got for Christmas.

Tabachnik tagged Peter
as the shooter.

Hey, I'm not saying
I don't like him
as the shooter,

but if Tabachnik
is crooked,

there could be more
to this than we think.

You honestly believe

that we would bribe

a water inspector
to get what we want?

It could come in handy--
you soften the ground

with a large bill
your target can't pay,

then you move in and
scoop up the leftovers.

And I should go through
all that trouble

for Stuart Electronics?

They haven't turned a profit
in the last two years.

Ground's already soft.

It does seem like a
hell of a coincidence

that Tabachnik shows
up a week after the
Rubins told you

where to stick
your buyout.

Is that what they told you?

Did they also tell you
the son is a paranoid lunatic?

Did they tell you Junior
brought a gun into my office?

What kind of gun?

A .38 revolver.

I know guns--
my brother's a cop.

Little punk had it stuck
in his waistband,

but he made sure
I saw it, you know?

He kept going on
about how he wasn't going

to stand for this nonsense
anymore.

Would you be willing
to sign a complaint?

Sure.

Mind if we come in?

What the hell's going on?

You can't just break
in here like this.

Well, actually,
we have a warrant

that says we can do
exactly that.

Peter Rubin,
you're under arrest.

You have the right
to remain silent.

Peter, what's
going on?

It's all right, honey.
Just a misunderstanding.

In front of his wife and kids,
you got to do this?

Hey, if you want
to make a complaint,

call your councilman.

You have the right
to remain silent...

Charge is murder in
Peoplethe second degree,

attempted murder in
the second degree.

Oh, the City Hall shooting--
how did I get so lucky?

May it please the court,
the firm of

Fernands, McCarthy and
Clymer, by John W. Clymer,

counsel for the
accused, Peter Rubin.

First time in criminal court,
Mr. Clymer?

I ordinarily handle the Rubins'
business and probate work.

Well, I'll tell you what,

for you, we'll keep it simple--
guilty or...

Not guilty, Your Honor.

You see how
easy that was?

Now, let's see how
you do with bail.

The People request remand,
Your Honor.

Mr. Clymer?

My client has a family,

a business, strong ties
to the community.

Not strong enough

to keep him from opening fire

on people in a cathedral
of that community.

What happened to the
presumption of innocence?

I see you still remember
a few things from Crim-Pro.

The surviving victim picked
the defendant out of a lineup.

Set bail at $250,000,

cash or bond.

Another thing I remember
from Crim-Pro

was that evidence
isn't admissible
when it's obtained

pursuant to
an unlawful search.

My motion to suppress.

This case must be high-profile

if you're bird-dogging
the arraignment.

I wasn't there
to second-guess.

The mayor's office
is all over Arthur,

so Arthur's all over me.

Well, tell him
not to worry.

Did you see
Rubin's lawyer?

I saw him hand
you a blueback.

It's a suppression motion,
but it doesn't make any sense.

A civil lawyer who's
out of his element.

He's under the impression
that the police found

a .38 special
during the search.

So... they think
we have the murder
weapon, but we don't?

If the search
of Rubin's apartment

turned up anything,
it's news to me.

Talk to Briscoe.

If they found
the smoking gun,

it would be nice if
they kept us in the loop.

You sure you're not confusing
this with some other case?

Well, if I am,
then Rubin's lawyer is, too.

Now I'm confused.

What, Rubin's lawyer
said we found

a gun in Rubin's home?
That's right.

Off the record,
the officers that
assisted you,

you sure they didn't
pocket the gun?

Well, that would be
textbook police work.

I'm not accusing.

Then what do you call it?

Covering my ass--
I have to ask you,

because at some point a
judge is going to ask me.

Okay, so ask.
Did anyone find

any type of weapon in
Peter Rubin's home?

Not unless you count
the world's most boring
record collection.

So basically,
we've been served

with a motion to suppress
evidence we don't have.

Well, look
at the bright side--

if we lose,
we're no worse off.

But still left with
the question of why

the defense thinks
we found a gun.

Well, I'm sure Rubin
told his lawyer that
his .38 was missing,

and Clymer was too green
to keep his mouth shut.

Which is why they hired
me. Hey, Jack. Serena.

How's the leg, Danielle?

Great. The doctor says
by this time next year,

I'll be dancing the night away.

And in the meantime,

you're representing
Peter Rubin.

That surprises me.
A victim of gun violence...

Defending a victim
of government misconduct, Jack.

The detectives executed
a valid warrant.

Yeah, too little, too late.

What are you talking about?

Two days before the search
warrant was issued,

the police tossed
my client's apartment

and seized his gun

without a warrant.

Come on, you didn't know?

Ms. Melnick, you're saying
there were two searches?

Exactly, Your Honor.

We talked to our detectives.

They denied executing
a prior search.

What?

You telling me you didn't know

that Peter Rubin had a gun
in his apartment?

Not until
the motion to suppress.

Great.

This is what you get
for hiring a probate lawyer

to defend you
for murder.

Sure they're being
honest with you?

Ms. Southerlyn.

I have an affidavit, Your Honor,
right here

from Peter Rubin's neighbor

who swears that she saw
two men exit a sedan

and enter the Rubin's apartment

after his wife and his children
had left for the day.

One hour later they emerged
with a file carton

containing my client's
.38, which they removed
from the premises.

How could this neighbor
even know

that the men that she saw
were police.

It could have been a burglary.
Oh, come on.

Burglars in suits
and trenchcoats?

In any event, the court can't
exclude evidence

the People don't have
in the first place.

He's right, Ms. Melnick.

It seems your motion is moot.

But if I were you,
Mr. McCoy,

I'd get to the bottom of this.

I checked with Rubin's
local precinct.

There's no record
of any ongoing case.

What about other
jurisdictions?

There's no precinct
in the Tri-state area
investigating the Rubins.

But the Feds could be
another story.

I'm sorry, but I can't
confirm or deny

any ongoing investigations

conducted by
the U.S. Attorney's Office.

In other words,
it's classified?

Let's just say

there are some very real
security concerns

that necessitate
strict confidentiality.

You can trust us

to keep your secrets,
Mr. Cagnetta.

It's not a question of trust.

Then what is it a question of?

Policy.

So it's DOJ policy

to sit on material evidence
that would convict a murderer?

We don't "sit"
on evidence,

Ms. Southerlyn.
There are some things

that are bigger
than your little world,

if you can imagine that.

I doubt those "things"
would justify

a warrantless search.

Do you honestly think we'd send
agents into anyone's home

without a warrant?

Do you really think
we're that stupid?

No, Mr. Cagnetta, I don't.

Bureaucratic double-speak
and non-denial denials.

But if you read
between the lines,

it looks like the men
who searched Rubin's
apartment were FBI.

Yeah, but even if
we knew the agent's names,

I doubt they'd talk to us.

Probably not,
but Cagnetta as good

as told us
they had a warrant.

And a warrant means
a paper trail.

R-U-B-I-N?

That's right.
Stuart or Peter.

Nope. Sorry.

What about
"Stuart Electronics"?

Strike two.

There's no record of any warrant
of any kind

applied for or served on

a Rubin
or Stuart Electronics.

So nothing on
the judicial docket.

What about
the national database?

The only thing coming up
is a rejected application

for a video game export license.

Nothing too sinister there,
right?

Okay. Thanks.

Why would Stuart Electronics
need a license

to sell video games?

Beats me.

Hey, Andrew.

This lady wants to know
why you would need a license

to export video games?

It's not the games,
it's the systems
they're played on.

Those things are just
really fast computers.

Anything with a speed

of over 85,000 M-TOPS
U.S. Export Administration

is worried the wrong people
are going to use the technology

to build encryption machines
or missile guidance systems.

The wrong people?

You know, countries
on speaking terms

with the Axis of Evil.

I doubt the government's worried
Osama's spending too much time

playing "Grand Theft Auto"
on his PlayStation.

The game machines qualify
as "dual-use" technology.

Benign products that
can be turned into weapons.

Stuart Electronics
applied for a license

to ship these gizmos overseas?

And the Feds denied it.

But according
to their UPS account,

the Rubins shipped 14 units
of something to Algeria anyway.

Not exactly a country
on our Christmas card list.

But definitely on the list
of countries

which we can't export

dual-use technology to.

And they sold the machines
for ten times

what they would get
in the States.

That'll get the DOJ's attention
every time.

Now that we know what the FBI
was doing in their clubhouse,

maybe they'll let us in
without the secret password.

We know you're investigating
Stuart Electronics

for violating various

export administration
regulations.

We know that you sent the
FBI to conduct a search

of Peter Rubin's apartment,

and we know that
they seized evidence,

including a .38
caliber handgun.

We believe it was used
in the City Hall shooting.

It sounds like you think
you know quite a bit.

Which begs the question

of why your office continues
to keep us in the dark.

Particularly when you have
the evidence

we need to convict
a murderer.

This issue is very complex,
Mr. McCoy.

I'm a smart guy.

We're not being proprietary
here.

The black box policy exists
to preserve

the integrity
of our investigations.

SOUTHERLYN
In other words,

you don't want anyone
to find out

that you're entering people's
homes without a warrant.

Assuming, arguendo,
the FBI conducted a search

of Mr. Rubin's apartment,

I assure you it was 100% legal.

Except that there's no record
of any search warrants

being applied for
at the federal level.

That's because all
of the court proceedings
in this case are secret.

Secret?

A secret warrant.

Issued by a secret court.

The FISA Court in Washington.

It's been around since '78.

FISA?

The Foreign Intelligence
Surveillance Act.

The PATRIOT Act expanded
its scope after 9-11.

It took 3,000 dead Americans

to get the politicians
off their butts.

Isn't the idea of a secret court

antithetical
to our system of justice?

The court isn't secret.
The proceedings are.

No different than a grand jury.

Except with a grand jury,

it's my fellow citizens
who are calling the shots.

The FISA Court was set up to go
after spies and terrorists.

Its proceedings need
to be classified.

Except Peter Rubin isn't
a spy or a terrorist.

Or he may have aided
and abetted them,

in clear violation
of Federal law.

So the Feds can
go into my home

without ever telling me,
search my house

and hack into my computer

if they say it's related
to foreign intelligence?

Sneak-and-peek
warrants

were valid long
before FISA came along.

They were also rarities, Arthur.

There have been over 14,000
FISA warrants requested.

Only five have ever been denied.

Well, that tells me

that the deck is stacked.

It tells me
that prosecutors

don't make
frivolous applications.

You all don't have much faith

in the federal government,
do you?

They are the ones who won't
give us the murder weapon.

I missed you at last
year's reunion, Arthur.

Oh, I don't have time to sit
around and pontificate

about the significance
of Hadlev v. Baxendale.

Of course, if I were on the
Federal bench like you...

You wouldn't have to spend
all your free time

pandering to constituents
before Election Day.

What's on
your mind, Arthur?

Oh, I wanted to talk to you
about that little stint

you did down in Washington.

Now, you know I can't
comment on that.

I'm prosecuting a case where
the murder weapon was seized

pursuant to a FISA warrant.

I'm not sure I like
where this is going...

The Feds won't

turn the evidence over to us.

This is the City Hall shooting,
Vance.

The world has changed, Arthur.

We all have to roll
with the punches.

Agreed.

But I still need my gun.

Can I help you?

Special Agent Jamal Atkinson.

To what do we
owe the pleasure?

This Colt .38 Special
was recovered

from the home of Peter Rubin

by federal agents.

What are we supposed
to tell the jury--

that the gun fell from the sky?

Here's my chain-of-custody
affidavit.

If your case goes to trial,
keep me off the stand.

I can't make any promises.

You know I can't keep you off
the stand

unless the defense stipulates

to the gun.

The people who sent me here

did you a favor, Mr. McCoy.

You see what you can do.

Hey, Jack.

Can I join you?

Shouldn't you be spoon-feeding
witnesses for tomorrow?

I don't have to
anymore, do I?

Thanks to the FBI.

Can I have a soda water
with lime, please.

You knew?

I suspected.

Positive ballistics

and a print match
with your client.

He was the City Hall shooter

and we've got him
dead to rights.

Yeah, thanks to a search

the Star Chamber would
be proud of.

If that's the way you feel,
Danielle,

move to suppress.

Right. Judge Logan's
going to rule

FISA violates
the Fourth Amendment.

How many beers have you had?

This doesn't bother you?

It was a legal search.

Letter of the
law, maybe,

but when federal agents

creep into my client's home
and go through his possessions

because some secret court
rubber-stamped

a secret warrant,
are you kidding?

This is outrageous.

And if you use the evidence,
you're complicit.

Complicit in putting
a murderer away?

What do you think
my responsibility is?

To seek justice
for the city

without undercutting
the rights of its citizens.

Exactly.

If all they think about
is getting the conviction,

nothing's going to stop them
from kicking in our doors

in the middle of the night.

That's not happening, Danielle,
and you know it.

Yet.

Melnick's just unhappy
because we've got her client

by the scruff of the neck.

So the search
doesn't bother you?

FISA?

There's nothing
sinister about it.

We're at war here.

Balancing liberty
and security

is never easy
even on the best of days.

Melnick's bound

to make an issue out of this.

You worried about

jury nullification?

You know Danielle.

She doesn't have a case.

She'll play
to the jury's emotions,

put the government's
conduct on trial.

Feds had every right
to do what they did.

I worry I'm complicit
in opening a Pandora's Box.

This is the City Hall shooting.

And a city councilman is dead.

I don't see where
your problem is, Jack.

The day I read the meter
at Stuart Electronics,

I wasn't feeling so hot.

I was coming down
with the flu.

Did it affect
the reading,

Mr. Tabachnik?

I transposed

the water and sewer numbers.

When that got back
to our accounts department,

Stuart Electronics

got billed $29,000.

When the actual bill
should have been what?

$80-something.

This wasn't some
big conspiracy, you know.

It was just a mistake.

Do you see the man who shot you
in the courtroom today?

Yes.

In the gray suit

at the table.

Mr. Tabachnik,

did my client
ever complain to you

about this water bill?

He left several messages
on my voicemail.

But you never

returned his call

or paid another visit
to the store?

We're all very busy.

There's four inspectors
for the whole city.

I see. So you
can understand the frustration

that he must
have felt

trying to get through
to you to correct

this enormous and
terrible error?

Objection.

Withdrawn.

Nothing further.

Call your next
witness, Mr. McCoy.

I've subpoenaed
Special Agent Jamal Atkinson.

This is the .38 Special
I recovered from the home

of Peter Rubin
on the night of January 23.

Did the gun undergo

any scientific testing?

Ballistics
analysis
determined

it was the weapon used
in the City Hall shootings.

Latent prints were a ten-point
match to Peter Rubin.

Mr. Atkinson, your search
of Peter Rubin's apartment--

was it related to this case?

No, it was not.

But you had a search warrant?

Yes.

Issued from which judge?

I'm not at liberty
to disclose that.

Well, was the name
of the judge

written on the search warrant
that you showed to Mr. Rubin?

I'm not required
to show him the warrant.

He didn't
ask to see it?

He wasn't home when we entered.

I see.

In fact, no one was,
is that correct?

Correct.

So who let you in,
Agent Atkinson?

We let ourselves in.

The door was unlocked?

We picked
the lock.

Let me understand this.

Federal agents broke

into this man's home

and ransacked
his possessions

in total secrecy?

I have a problem
with these questions.

A witness can't object.

Just answer the question.

We didn't ransack anything.

The warrant was executed

pursuant to
federal law.

I thought the
Constitution was

federal law, Agent Atkinson.

Did your warrant specify
what you were looking for?

Again, Ms. Melnick,

I can't reveal any

of the contents of the warrant.

So you never

informed Peter Rubin
which of his possessions

you spirited
out of his home?

Whether you tapped
his kids' computer?

Whether you
bugged his phones?

Did you ever inform

Mr. Rubin of your actions,
Agent Atkinson?

The law doesn't require that.

Which law is that?
The Fourth Amendment?

Or something the FBI
borrowed from the KGB?

Your Honor,
objection.

Ms. Melnick, please.

Which law, Agent Atkinson?

FISA.

The Foreign Intelligence
Surveillance Act.

Is Peter Rubin a foreign agent?

Or just some poor schmuck
who runs a mom-and-pop

electronics
store in Queens?

Okay, that's enough.

When we got

that water bill...

it was like a death sentence
for our business.

We called Tabachnik,
we called the D.E.P.

Nobody'd talk to us,
get our side of the story.

Instead, the
city slapped

a lien on
our store.

And all this over something
Mr. Tabachnik now acknowledges

was a clear mistake?

That lien really
screwed up our credit.

Some suppliers
pulled their business.

To make ends meet,
we had to stay open

on Sunday.

We shipped some
stock overseas.

Are you talking

about those deadly
super-computers

you shipped to Algeria?

We sent video-
game machines

to a toy store.

We weren't in a position
to turn customers away.

So your desperation

drove you to
break the law?

Look, I started

this business 50 years ago.

It paid for the home
my kids grew up in.

It put them through college.

They were trying
to take it away.

Right.

I want to turn
your attention

now, Mr. Rubin, to the day
your son was arrested.

Objection.

Sidebar, Your Honor.

Approach the bench.

The circumstances
of the defendant's arrest

have no relevance here.

It goes to the pattern

of the government's
conduct, Your Honor.

Which is a legal question.

What counsel
is obviously fishing for

is jury nullification,

which is not
a defense in any court.

Your Honor, I can
offer evidence

as to the defendant's
state of mind.

You have a point, Mr. McCoy,

but in this case, Ms. Melnick,

I'm going to give you
some latitude.

Don't abuse it.

Step back.

Mr. Rubin,

I was asking you
about your son's arrest.

It was a nightmare.

The police pushed
their way through the door,

scared my grandchildren

half to death, and
then they started

to tear the
place apart.

If they wanted

to arrest my son,

he would have turned himself in.

We could've sent the children

to his mother-in-law's.

Why did they have
to do it like that?

And when did you learn
of the FBI's search

of your son's home--
the one done in secret?

When that agent testified.

First they ruin
our business.

Then they sneak
into my son's home.

They seize his
belongings.

Objection.

This is America!

Don't tell me this is right.

Your Honor!

Nothing further.

Your son was angry.

About the water bill
and the lien on your business.

Of course he was.

So angry he was capable
of killing

the man
he held responsible.

You're putting words
in my mouth.

Mr. Rubin,

the gun was found
with his fingerprints--

the murder weapon.

If you believe
what the police say.

How do you know
they're not making it up?

Manufacturing
evidence?

They can do whatever
they want now.

You think this
can never happen here.

I know better.

I've seen it.

And I suppose
Mr. Tabachnik was lying

when he pointed at your son
in the courtroom here.

How deep does
this conspiracy go, Mr. Rubin?

The People of the State
of New York v. Peter Rubin.

The prosecutors
aren't the People.

You are.

You are the People.

You speak for all of us,

and not only
on guilt or innocence,

but on the government's
conduct

in this case.

How fitting that
the incident in question

should take place at City Hall,

because evidence here

shows how the government

systematically victimized

Peter Rubin.

How they took his business,

his livelihood,

even his privacy.

The government that was
supposed to protect him,

tormented him instead,

and Peter Rubin and his family

were the third victim
in this case.

Now, we're all terribly sorry

about what happened
to Councilman Johnson,

but nothing you do today

can bring him back.

You can do something
about how the government

treated Peter Rubin,

or next time,

the home they enter
in the dead of night

could be yours.

The government's conduct has
nothing to do with this case.

Peter Rubin
took a gun to City Hall

and shot two people,
one of them fatally.

How ironic that he
should murder a lawmaker

and now implore you
to ignore the law.

While his story
might be sympathetic,

the actions that he took
are reprehensible.

As the judge will instruct you,

the Rubins knowingly
violated federal law.

The search of Peter Rubin's home

by federal agents

was legal and beyond reproach,

and the law that permitted it

was not applied randomly

or capriciously.

You may not like the law.

But no one in this room

has the authority to pass
judgment on it in this forum.

When we disagree with the laws,

we take it up
with the people who write them.

We speak out with our pens,
our voices, our votes--

not with guns.

We don't settle grievances

or perceived injustices
with violence.

Has the jury
reached a verdict?

We have, Your Honor.

On the counts of murder
and attempted murder

in the second degree,
how do you find?

We find the defendant,
Peter Rubin, guilty.

Verdict
in the Rubin case?

Guilty on all counts.

The jury was only
out 35 minutes.

What in the world
would you expect?

A smoking gun
and an eyewitness.

He got convicted
for the same reason

they always do.

He pulled the trigger.