Boston Legal Patriot Acts Season 4, Episode 20 Broadcast: May 21 ...
Boston Legal Patriot Acts Season 4, Episode 20 Broadcast: May 21 ...
Boston Legal Patriot Acts Season 4, Episode 20 Broadcast: May 21 ...
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<strong>Boston</strong> <strong>Legal</strong><br />
<strong>Patriot</strong> <strong>Acts</strong><br />
<strong>Season</strong> 4, <strong>Episode</strong> <strong>20</strong><br />
<strong>Broadcast</strong>: <strong>May</strong> <strong>21</strong>, <strong>20</strong>08<br />
Written By: David E. Kelley and Jill Goldsmith<br />
Directed By: Michael Hathaway<br />
© <strong>20</strong>08 David E. Kelley Productions. All Rights Reserved.<br />
Transcribed by Imamess for <strong>Boston</strong>-<strong>Legal</strong>.org; Thank you to olucy for proofreading, and Dana<br />
for the images.<br />
Clarence Bell is looking through a handful of letters when Alan Shore enters his office.<br />
Alan Shore: Clarence!<br />
Clarence Bell: Alan. You might want to look at this.<br />
Alan Shore: Paternity suit?<br />
Clarence Bell: No.<br />
Alan Shore: Sexual harassment?<br />
Clarence Bell: No.<br />
Alan Shore: Emperor's Club?<br />
Clarence Bell: He hands the letter to Alan. Just read it.<br />
Alan Shore: Oh. He opens the letter which has a letterhead from the Auxiliary Coast Guard. He<br />
gasps. I got in. I got in the Auxiliary Coast Guard! He dashes off. Denny! Runs in to Denny’s office.<br />
Denny! Denny! Denny, I got in! I'm in the Coast Guard!!<br />
Denny Crane: What?<br />
Alan Shore: Yeah!<br />
Denny Crane: Am I in?<br />
Alan Shore: I don't know! Did you get a letter?<br />
Denny Crane: I don't know. He rifles through a stack of letters on his desk, finds one, opens it,<br />
scans it quickly. I'm in!!! They both yell with glee, hug and jump up and down!<br />
Together: Ahhhh, ha, ha!!! We're in the Coast Guard!!! We're in the Coast Guard! We're in the Coast<br />
Guard! We're in the Coast Guard! We're in the Coast Guard!<br />
Judge Harvey Cooper steps off the CP&S elevator and turns the corner. Further down Carl Sack<br />
and Shirley Schmidt are walking together.<br />
Shirley Schmidt: You mean they actually got in?<br />
Carl Sack: We evidently need the soldiers. They pass Judge Harvey Cooper. Good morning, Your<br />
Honor!<br />
Judge Harvey Cooper: I'm not interested. He keeps on walking and stops at Clarence’s desk. I'm<br />
here to see Alan Shore. If he's busy, interrupt him.<br />
Clarence Bell: <strong>May</strong> I tell him wha…?<br />
Judge Harvey Cooper: No, you may not. You may tell him who. Judge Harvey Cooper.<br />
Judge Harvey Cooper enters Alan’s office followed by Alan.<br />
Alan Shore: You mean it's not a social visit? He closes the door.<br />
Judge Harvey Cooper: I will not suffer your sarcasm, Mr. Shore. I do not like you. He takes a chair.<br />
That having been said, I have enormous respect for your legal skills. I’m here to hire you in that<br />
capacity. He motions to a chair. Please sit.<br />
Alan Shore: Why, thank you. He starts to sit. I'm in the Coast Guard!<br />
1
Judge Harvey Cooper: A beat. Do you know where I hail from, Mr. Shore?<br />
Alan Shore: Dark and scary places with enchanted creatures?<br />
Judge Harvey Cooper: I'm from Concord, Massachusetts.<br />
Alan Shore: Right.<br />
Judge Harvey Cooper: There's a reason I choose to reside in Concord, Massachusetts. I'm an<br />
American.<br />
Alan Shore: Ah.<br />
Judge Harvey Cooper: Concord, Massachusetts is where the Minutemen fought off the British,<br />
personifying that heroism and patriotism are what it means to be an American.<br />
Alan Shore: Well, I'm in the Coast Guard, so…<br />
Judge Harvey Cooper: He forces a smile. I've come to you asking you to represent our historic town in<br />
a rather drastic cause of action.<br />
Alan Shore: Which is?<br />
Judge Harvey Cooper: We wish to secede.<br />
Alan Shore: Secede?<br />
Judge Harvey Cooper: From the Union. We want independence. The people of Concord do not like the<br />
direction of this country. In particular, its oppressive policies, both abroad and here at home. It was<br />
Thomas Jefferson who said, "Whenever any form of Government becomes destructive, it is the right of<br />
the people to alter or to abolish it, and to establish new Government. That is what we wish to do. The<br />
town council unanimously voted to approve it last night.<br />
Alan Shore: You wish to secede from the United States of America?<br />
Judge Harvey Cooper: We wish to secede from the United States of America.<br />
Carl, Shirley, Alan, Katie Lloyd, Jerry Espenson and Denny are in the conference room.<br />
Shirley Schmidt: You're not serious.<br />
Alan Shore: They really wanna do it.<br />
Carl Sack: And you agreed to represent them?<br />
Alan Shore: Yes! And how's it going with that bomb for Nantucket?<br />
Shirley Schmidt: Alan, come on.<br />
Alan Shore: It's been done, Shirley. In 18<strong>20</strong> a rather large chunk of Massachusetts seceded from the<br />
Commonwealth. Today we call it Maine.<br />
Shirley Schmidt: That was 18<strong>20</strong>!<br />
Alan Shore: Yes, and today there are five different groups who are trying to secede from the United<br />
States?<br />
Jerry Espenson: In February the Secretary of State from Montana said they'd secede if the Supreme<br />
Court limited firearm ownership.<br />
Katie Lloyd: <strong>May</strong>be we could have a tea party.<br />
Denny rises, then walks out.<br />
Carl Sack: Did they give you a reason for seceding?<br />
Alan Shore: Yes. They want to hold some neglected truths to be self-evident. Isn't it exciting?<br />
Alan walks into Denny’s office.<br />
Alan Shore: He knocks. You left the room rather abruptly, Denny.<br />
Denny Crane: On the very day we get into the military.<br />
Alan Shore: He takes a seat. What's the matter?<br />
Denny Crane: I don't want you to take this case.<br />
Alan Shore: Well, I already did.<br />
Denny Crane: For years I've sat back listening to you criticizing the US of A. Accepting your premise<br />
that dissent is patriotic. But seceding? I'm a founding father of this firm, a senior partner, I'm asking you,<br />
drop this matter now.<br />
Alan Shore: I can't do that.<br />
Denny Crane: This will affect our friendship, Alan.<br />
Alan Shore: I have great faith in our friendship. I trust it will survive my taking this case.<br />
Denny Crane: Get out, Alan.<br />
Alan Shore: Denny, this isn't personal, you have to know…<br />
Denny Crane: Please! Get out!<br />
Alan leaves.<br />
2
In the corridor, Denny meets up with<br />
Carl.<br />
Denny Crane: Carl?<br />
Carl Sack: Denny!<br />
Denny Crane: What do you think of this<br />
lawsuit Alan is bringing, that Concord<br />
secede?<br />
Carl Sack: I'm against it.<br />
Denny Crane: I have an idea.<br />
Carl Sack: You have an idea?<br />
Denny Crane: I get one. Every leap year.<br />
In the conference room, <strong>May</strong>or Thomas<br />
Steinbrenner and Judge Harvey<br />
Cooper are there with Alan, Katie and<br />
Jerry.<br />
Alan Shore: Before we get too far into this, I trust you've considered that you and your entire township<br />
will be deemed anti-American.<br />
Judge Harvey Cooper: Yes.<br />
Alan Shore: And that under The <strong>Patriot</strong> Act law enforcement is practically required to investigate your<br />
motives. Not just the <strong>May</strong>or and the Counsel, but the whole town! They get to dig into everything in your<br />
lives. Your political affiliations, your bank accounts, credit cards, your emails, phone records, the books<br />
you check out at the library, the videos…<br />
Judge Harvey Cooper: Mr. Shore, we understand fully the provisions of the <strong>Patriot</strong> Act, and the litany of<br />
Governmental powers it bestows. That's one of the very reasons we want to secede!<br />
Jerry Espenson: He puts a wooden cigarette in his mouth. Brashly. You won't likely win! You gotta<br />
know that, Judgey-boy! He takes the cigarette out and pops.<br />
Alan Shore: You're right. There is no<br />
way any court is going to let a town<br />
secede from the Untied States.<br />
Judge Harvey Cooper: You just bring<br />
the motion.<br />
<strong>May</strong>or Thomas Steinbrenner: In an<br />
election year we'll settle for a shot<br />
heard around the world.<br />
Judge Harvey Cooper: All we're<br />
looking for is to survive summary<br />
judgment. If we can just get to an<br />
actual trial…<br />
Alan Shore: Right. There's your<br />
political podium.<br />
Judge Harvey Cooper: You just bring<br />
the motion.<br />
In Judge Clark Brown's courtroom.<br />
Judge Clark Brown: Of all the ridiculous, absurd, preposterous, outlandish, far-fetched, incredulous…<br />
Alan Shore: Bring it home now…<br />
Judge Clark Brown: He's seems about to burst a blood vessel. Outrageous…!!!<br />
Alan Shore: There we go!<br />
Judge Clark Brown: … cases you have ever brought!<br />
Alan Shore: Your Honor, I believe if you just listen to us with that mind of yours which is so notoriously<br />
open one can hear huge gusts of wind swirling through…<br />
Judge Clark Brown: He pounds his gavel. A town cannot bring a lawsuit to secede from the United<br />
States!<br />
Judge Harvey Cooper: Of course we can.There's ample precedence for it, starting with the Declaration<br />
of Independence, you hack!<br />
3
Judge Clark Brown: Mr. Cooper…!<br />
Judge Harvey Cooper: I am still Judge Cooper, especially to you, sir.<br />
Judge Clark Brown: And if you were a decent Judge you would understand that the jurisdiction belongs<br />
in Federal, not State court.<br />
Judge Harvey Cooper: And if you were a decent Judge you'd know that the Federal Courts, wanting two<br />
bites at the apple to quash this would first kick it right back to State hoping you'll do their work for them.<br />
Judge Clark Brown: And I plan to quash it, don't you worry.<br />
Alan Shore: Whoa, whoa, whoa! Let's not do any rash quashing. Judge, all I ask is for you to listen to us<br />
before…<br />
Judge Clark Brown: Why?<br />
Alan Shore: Why? It's what Judges do. They typically weigh the merits before ruling on them. Did they<br />
not tell you this in judging school?<br />
Judge Harvey Cooper: Go ahead and quash it now! That'll simply allow us to refile with another Judge.<br />
Preferably one with an IQ exceeding that of celery. So, go ahead. Dismiss it! We don’t want you<br />
anyway!<br />
Judge Clark Brown: He pounds his gavel. Well, you've got me. I will hear this case.<br />
A.A.G. Norman Wood: Now wait, that's ridiculous.<br />
Alan Shore: Of course you think it's ridiculous, you represent the Commonwealth. By the way, since the<br />
Attorney General's office is the Commonwealth, our first order of business would be to disqualify you.<br />
You're the State! The State is the<br />
defendant, Judge!<br />
A.A.G. Norman Wood: That would<br />
be a very clever tactic if we<br />
weren't one step ahead of you.<br />
We've already hired outside,<br />
independent counsel! In fact,<br />
outside counsel came to us.<br />
Alan Shore: Really? Who? I don't<br />
see anybody.<br />
A.A.G. Norman Wood nods to<br />
the clerk standing before the<br />
doors to the courtroom. The<br />
clerk opens the doors and<br />
Denny and Carl march in.<br />
Alan Shore: You must be joking.<br />
A.A.G. Norman Wood: The<br />
Commonwealth has waived<br />
conflict.<br />
Judge Clark Brown: Wait a second! The same firm for both sides?<br />
Denny Crane: Saves on guest cast.<br />
Judge Clark Brown: Mr. Shore?<br />
Judge Harvey Cooper: Concord will waive conflict, Your Honor!<br />
Judge Clark Brown: He looks pained. Five o'clock!<br />
Carl Sack: In an aside to Alan. Isn't it exciting?<br />
Alan Shore: Could be. Denny…<br />
Denny Crane: Nothing personal, Alan.<br />
Carl and Denny are sitting in Shirley's office.<br />
Shirley Schmidt: This is a very bad idea.<br />
Carl Sack: It was Denny's.<br />
Shirley Schmidt: Oh! Well, then!<br />
Carl Sack: Shirley, now it is good that we oppose. First, it will offset any fallout this firm will get for<br />
representing perceived traitors. Second, what they're doing is wrong, whatever one's problems with<br />
America. You should be telling Alan to withdraw, not Denny and me.<br />
Shirley Schmidt: Who's arguing?<br />
Denny Crane and Carl Sack: In unison. I am.<br />
Carl Sack: But Denny, you specifically came to me.<br />
Denny Crane: For backup! I'll first chair.<br />
4
Carl Sack: Denny, I, I believe the client thinks they're getting me.<br />
Denny Crane: Why would they think that? I'm Denny Crane!<br />
Carl Sack: Ah.<br />
Shirley Schmidt: The problem is Alan knows you so well he might be able to exploit your weaknesses.<br />
Denny Crane: You forget I know him. I can exploit his weaknesses! Besides, I don't have any<br />
weaknesses. To Carl. I'll first chair.<br />
In Denny's office, he is peering intently into an<br />
aquarium at a large, lone fish.<br />
Alan Shore: He comes in. Denny! A beat. What's<br />
that?<br />
Denny Crane: Rainbow trout. You'd know if you ever<br />
caught one.<br />
Alan Shore: Can they survive in a tank like that?<br />
Denny Crane: He won't have to live long. As soon as<br />
I catch him, I'm gonna eat him.<br />
Alan Shore: You plan to fish for him?<br />
Denny Crane: Why wouldn't I?<br />
Alan Shore: Is that really sporting?<br />
Denny Crane: A beat. What do you want, Alan?<br />
Alan Shore: Denny, I think you and I trying a case<br />
against each other is a really, really bad idea.<br />
Denny Crane: Fine. Recuse yourself.<br />
Alan Shore: I can't do that. I've given my word to those<br />
people I'll represent them.<br />
Denny Crane: And I'm defending my country against a<br />
traitor.<br />
Alan Shore: This country was started by traitors,<br />
Denny.<br />
Denny Crane: I'm preparing a case. Please leave.<br />
Alan Shore: Denny, I don't wanna see you get hurt.<br />
Denny Crane: Oh. You think you'll win?<br />
Alan Shore: I'll certainly survive summary judgment.<br />
Denny Crane: Fifty thousand dollars says you won't.<br />
Alan Shore: I'm not going to bet you.<br />
Denny Crane: Chicken! You know you'll lose.<br />
Alan Shore: I won't lose.<br />
Denny Crane: Fifty thousand dollars.<br />
Alan Shore: Denny, I don't have to win on the merits here. All I have to show is that there's a possible<br />
case to be made.<br />
Denny Crane: Fifty. Thousand. Dollars.<br />
Alan, Katie and Jerry are walking down the corridor.<br />
Katie Lloyd: How could you wager? We're certain to lose!<br />
Alan Shore: Not in the summary judgment. All of the facts should be construed in our favor. We're on<br />
the side of the founding fathers here. The Constitution stands for everything that the town of Concord is<br />
advocating.<br />
Jerry Espenson: He puts the wooden cigarette in his mouth. Brashly. Let's not overplay the founding<br />
fathers! Most of them had slaves! Mistresses. <strong>May</strong>be that's where Spitzer found his motivation! He<br />
walks ahead of Katie. Love the dress, by the way. You could stop traffic today, I tell ya. He and Alan<br />
walk into the conference room.<br />
Katie Lloyd: Stunned, stops. What was that?<br />
Denny is in his office watching the news.<br />
Reporter: On TV monitor. The town of Concord has actually filed a motion seeking to secede from the<br />
United States and become its own sovereign nation! There is legal precedent for the unusual, if not<br />
extraordinary act…<br />
Shirley knocks.<br />
5
Denny Crane: Hey!<br />
Shirley Schmidt: Hey.<br />
Denny Crane: I'm preparing my case.<br />
Shirley Schmidt: I can see that. She comes all the way in. She seems to be looking for words.<br />
Denny? She takes a deep breath. You were once a brilliant attorney. You're… you're not anymore.<br />
You're forgetful, you don't stay current on the law. The last time I even saw you open a law book was<br />
because you had a copy of Rustler<br />
tucked inside. Denny looks down<br />
at the law book in his lap where a<br />
magazine appears to be tucked<br />
inside. Which I see you've found.<br />
Um. The thing… She sits down.<br />
Just then Alan approaches the<br />
door/ …about Alan is he's… Alan<br />
turns to walk away. …not just a<br />
gifted lawyer… Alan stops and<br />
turns to listen. … his competitive<br />
ego is extreme. As much as he loves<br />
you his first priority will be winning<br />
this case. And Denny, he will tear<br />
you up. You are absolutely no match<br />
for him. I don't want you to handle<br />
this case.<br />
Denny Crane: It's not your decision. Now if you'll excuse me, I've got a case to prepare. Shirley gets<br />
up. You too, Alan! Shirley realizes Alan had been standing there, Alan realizes he was caught<br />
listening and they both leave. Denny resumes reading his Rustler magazine, still between the<br />
covers of his law book.<br />
In Judge Clark Brown's courtroom, Alan has Judge Harvey Cooper on the stand.<br />
Judge Harvey Cooper: This is not about the people of Concord hating America. Just the opposite. We<br />
are simply seeking to form our own Government. One that reflects the values of an America that used to<br />
be.<br />
Alan Shore: Which values are those, sir?<br />
Judge Harvey Cooper: Freedom of speech! Freedom of religion! Majority rule, for starters!<br />
Alan Shore: You don't think America currently values those things?<br />
Judge Harvey Cooper: Certainly much less so. Today, one does not even have the right to protest at a<br />
Presidential appearance! We have things called Free Speech Zones. News crews are not allowed to<br />
film the return of military caskets from Iraq lest the public get the awful idea that soldiers are being killed.<br />
This is censorship worthy of the Cold War Soviet Union, not the United States! Certainly not the America<br />
I love.<br />
Alan Shore: Well, since we are in a time of war, maybe the rules…<br />
Judge Harvey Cooper: Yes, and typically in war we observe the Geneva Convention. That's no longer<br />
the case. We torture. We lock people in prison camps like Guantanamo with no opportunity for a real<br />
hearing. We are guilty of the very<br />
oppression the colonists reared up<br />
against to begin America.<br />
Alan Shore: Thank you, sir.<br />
Judge Harvey Cooper takes a<br />
deep breath and waits for Denny<br />
to get up. So does Carl. Alan. And<br />
Judge Clark Brown. And A.A.G.<br />
Norman Wood.<br />
Carl Sack: He leans over to Denny.<br />
Denny? This would be the point<br />
where you get up and ask a<br />
challenging question. Do you have<br />
any?<br />
Denny rises.<br />
6
A.A.G. Norman Wood: He leans toward Carl. Sotto. What's going on?<br />
Carl Sack: Not to worry… He straightens his tie. much.<br />
Denny Crane: Your Honor…!<br />
Judge Clark Brown and Judge Harvey Cooper: In unison. Mr. Crane.<br />
Denny Crane: He looks to Judge Clark Brown and points to Judge Harvey Cooper. You miss old<br />
America?<br />
Judge Harvey Cooper: That's exactly right.<br />
Denny Crane: Oh yeah. In old America we would never censor free speech?<br />
Judge Harvey Cooper: No, we would not.<br />
Denny Crane: Even though Woodrow Wilson jailed five thousand Americans for speaking out against<br />
World War I?<br />
Judge Harvey Cooper: That's one example. Would you like a lollipop?<br />
Denny Crane: And locking people up without giving them a hearing like Guantanamo?<br />
Judge Harvey Cooper: Many of them innocent people.<br />
Denny Crane: FDR jailed a hundred thousand Japanese Americans. Almost all of them innocent. Many<br />
of them children.<br />
Judge Harvey Cooper: The Japanese internment camps were an isolated incident for which we remain<br />
ashamed. One would hope we'd learn from it. Seems we haven't.<br />
Denny Crane: Spying on our own citizens. That would never happen in the America you grew up in?<br />
Judge Harvey Cooper: No.<br />
Denny Crane: What about Nixon? He spied. Do I get a lollipop for Watergate?<br />
Judge Harvey Cooper: Nixon did not represent the American…<br />
Denny Crane: What about LBJ? He used the FBI to spy on reporters. Bill Clinton…<br />
Judge Harvey Cooper: You're going to equate Bill Clinton with what goes on today?<br />
Denny Crane: According to the ACLU, Bill Clinton expanded stealth surveillance far beyond any<br />
previous administration ever! And that was during a time of peace!<br />
Judge Harvey Cooper: Bill Clinton certainly never tortured people!<br />
Denny Crane: No. He practiced rendition. Shipping suspects off to other countries like Saudi Arabia and<br />
Egypt. And they tortured for us. During the Cold War we did human experimentation on innocent<br />
people. College students. Mental patients. Government run experiments on unknowing victims. We<br />
tested everything from LSD to nerve gas. We exposed unwitting black men to syphilis trying to discover<br />
a cure. We used them as guinea pigs. No, Judge, you haven't named one thing America's doing today<br />
that we haven't been doing for a long, long time.<br />
Alan is in his office with Jerry.<br />
Jerry Espenson: He was good.<br />
Alan Shore: He's very good.<br />
Jerry Espenson: Never would know he's dying from Alzheimer's. Not with that little performance.<br />
Alan Shore: He's not dying!<br />
Jerry Espenson: I'm sorry, I just meant…<br />
Alan Shore: Why would you say that?<br />
Jerry Espenson: Well, people with Alzheimer's… there's no cure.<br />
Alan Shore: I know there's no cure! But people can live with it, Jerry. Sometimes for a very long time!<br />
That was a terrible thing to say!<br />
Jerry Espenson: I'm sorry. He stands up, places his hands on his thighs and rushes out to his<br />
office, where Katie is working.<br />
Katie Lloyd: What's wrong?<br />
Jerry Espenson: He places the wooden cigarette in his mouth. Brashly. I'll tell you what's wrong. I’m<br />
not his whipping boy. Ich fuhle machtig. Dami, dami, damino.<br />
Katie Lloyd: What language was that?<br />
Jerry Espenson: Swiss German.<br />
Katie Lloyd: Oh dear. It's come to Swiss German.<br />
Alan Shore: He comes in. Would you excuse us for a minute, Katie? She leaves. Jerry, I'm sorry. I've<br />
been stressed out with this trial. I guess I've gotten so used to calling it Mad Cow, I forget what it really<br />
is. He sees Jerry fiddling with his wooden cigarette. You seem to be going to the wooden cigarette a<br />
lot more lately. Is anything wrong?<br />
Jerry Espenson: Nope.<br />
A beat.<br />
7
Alan Shore: I feel as if I haven't seen<br />
much of you over the last year. We<br />
haven't really spoken since the troubles<br />
with Dana.<br />
Jerry Espenson: Well, you've been really<br />
busy, Alan. So have I. With work. Work<br />
has… He places the wooden cigarette<br />
in his mouth. Brashly. Hey! That's the<br />
beauty of being friends, isn't it?<br />
Relationships with long shelf lifes. You<br />
can just stick 'em on the shelf. I tell you!<br />
Alan gazes at him. What?<br />
Alan Shore: I have never ever considered<br />
myself someone who puts work before<br />
friendships. Seems I do.<br />
Jerry Espenson: We all do, Alan.<br />
Friendships are a little like back yard gardens. We plan to tend to them. We just always seem to put it<br />
off till next week.<br />
Denny sits comfortably on his<br />
couch, flicking his fishing rod which<br />
has been cast into his aquarium.<br />
Alan Shore: He comes in. Catch<br />
anything?<br />
Denny Crane: Not yet, but I will.<br />
Alan Shore: You were quite something<br />
in court yesterday.<br />
Denny Crane: Oh, thank you.<br />
Appreciate it.<br />
Alan Shore: Denny could you stop<br />
fishing for a minute? Denny puts the<br />
rod aside. I'm feeling uncomfortable<br />
about the bet. We don't need the kind<br />
of competition or animosity that a bet<br />
like that can fuel. Plus…<br />
Denny Crane: You're losing.<br />
Alan Shore: I'm not losing.<br />
Denny Crane: Oh yes, you're losing.<br />
Alan Shore: Do you understand how summary judgment goes? The burden is totally on the defense.<br />
You must prove there are no credible facts whatsoever upon which relief can be granted. It's all but<br />
impossible for defendants to win summary judgments.<br />
Denny Crane: Double it?<br />
A beat.<br />
Alan Shore: Fine.<br />
Denny Crane: Fine.<br />
Alan Shore: Just know doing your closing in that Minuteman outfit with the musket? Remember how the<br />
jury just loved that? Especially with money riding on this thing, it would be unfair for you take advantage<br />
like that. Promise me you won't wear the Minuteman outfit?<br />
Denny Crane: He smiles knowingly. Nice try.<br />
Shirley is in her office when Carl comes in.<br />
Shirley Schmidt: He's doing well?<br />
Carl Sack: Extremely. Denny may have Mad Cow, Shirley, but I don't think the cow is winning.<br />
Shirley Schmidt: Where are you now?<br />
Carl Sack: We've got a retired general testifying, then we close.<br />
Shirley Schmidt: Denny's closing?<br />
Carl Sack: He must be on some kind of medication. I don't know. All I can say is he's actually good.<br />
8
In Judge Clark Brown's courtroom,<br />
Denny has General Robert Seagram<br />
on direct.<br />
General Robert Seagram: Old America?<br />
Are you kidding me? We don't live in old<br />
America. This is a new world. The<br />
enemy isn't countries or states or<br />
governments. It's terrorists! Capable of<br />
attacking us here! Hell, they have<br />
attacked us here! This is new warfare<br />
requiring new tactics!<br />
Denny Crane: Including torture?<br />
General Robert Seagram: Absolutely!<br />
Look, if we have a suspect who has<br />
information that a bomb is about to go<br />
off, possibly killing thousands of<br />
Americans, are you really suggesting<br />
we treat him gently? That we don't do everything we can to save American lives?<br />
Denny Crane: I'm not saying it. He turns to Alan. He is!<br />
General Robert Seagram: Look, I long for yesterday myself. We used to know how to fight a war and not<br />
trip over ourselves. But we still stand for the same principles. That hasn't changed.<br />
Alan is now up.<br />
Alan Shore: I'm confused. Those principles you say we still stand for, do they include human rights? The<br />
fair and humane treatment of prisoners?<br />
General Robert Seagram: I'm saying, while those values remain important, we have to put them in<br />
perspective given the world we now live in.<br />
Alan Shore: And what world is that?<br />
General Robert Seagram: One of terrorism!<br />
Alan Shore: Right.<br />
General Robert Seagram: One where the Muslim world, much of it, hates us and would love to see the<br />
destruction of the United States!<br />
Alan Shore: Tell me. Do you make any room for the possibility, any room whatsoever, that the conduct<br />
of our country, be it starting a war under false pretenses…<br />
Denny Crane: Democrat!<br />
Alan Shore: Move to strike! This isn't Republicans versus Democrats.<br />
Denny Crane: Oh, right!<br />
Alan Shore: The Democrats, virtually all of them have supported the worst of Bush's policies. Only one<br />
Democrat in the Senate opposed the <strong>Patriot</strong> Act when it was first proposed. They stumbled over each<br />
other rushing to sign a blank check. I hardly stand here as a proud Democrat.<br />
Denny Crane: Where do you stand as a loyal American?<br />
Alan Shore: Oh, come on!<br />
Denny Crane: We don't question our country<br />
in a time of war!<br />
Alan Shore: Why the hell not? That to me<br />
seems like an especially apt time to ask<br />
questions.<br />
Judge Clark Brown: Mr. Shore!<br />
Alan Shore: I don't know who the hell came<br />
up with the notion that one can't criticize this<br />
country and still be patriotic. I bet it was<br />
Cheney. Well, he was wrong! Some of our<br />
most noble patriots were dissenters. Henry<br />
David Thoreau. Susan B. Anthony.<br />
Denny Crane: Are we doing closings now?<br />
Alan Shore: Would you like to? I'm ready!<br />
Denny Crane: Would have worn the outfit!<br />
Alan Shore: Why don't you just shut up<br />
instead?<br />
9
Judge Clark Brown: That's enough! Both of you! Alan and Denny are in a stare-off. Mr. Shore? Do you<br />
have anything else?<br />
Alan Shore: He looks at Denny for a moment. No.<br />
Denny is in his office when Alan knocks and comes in.<br />
Alan Shore: Denny.<br />
Denny looks up from the law book he's reading.<br />
Denny Crane: Working on my closing! Later! He looks down.<br />
Alan Shore: I'm sorry about telling you to shut up. A beat as Denny doesn't look up. Can we agree<br />
just to try this case and not let it get personal?<br />
Denny Crane: He puts down his book. Come in, Alan. Sit down. Alan does so. Something I thought<br />
you understood, but you clearly don't understand. For people of my generation, being an American is<br />
personal.<br />
Alan Shore: I realize…<br />
Denny Crane: No. You don't. You don't. In your life, growing up, you just took for granted that America<br />
would always be. Why not? It's a super power, the strongest country in the whole. In my lifetime with<br />
Hitler trying to take over the world and having the means to do so, we went to bed scared at night that<br />
America would end. Imagine that feeling, Alan! The tragedy for me here is, you have no idea how<br />
deeply offended I am by the idea of a town wanting to secede! You have no… He takes a moment to<br />
collect himself. Which means you don't know me, Alan. Not really. Our friendship has all the depth of<br />
a jigger of scotch. I really need to work on my closing right now. He picks up his books and starts<br />
paging through it. Alan leaves.<br />
In Judge Clark Brown's courtroom.<br />
Judge Clark Brown: Why are you<br />
wearing that ridiculous costume?<br />
Denny Crane: He is standing next to<br />
the defendant's table wearing his<br />
Coast Guard uniform. It's not a<br />
costume, Your Honor. I'm a member of<br />
the United States Auxiliary Coast<br />
Guard. I stand ready to defend my<br />
country against enemies, high crime<br />
and treason.<br />
Alan Shore: Objection. He rises. I<br />
object to the implication…<br />
Judge Clark Brown: Oh, Mr. Shore. Sit<br />
down!<br />
Alan sits down.<br />
Denny Crane: Thank you, Your Honor.<br />
I'll make this short. It's my belief that<br />
the best closing arguments are short. There's a lot to criticize about America today, I realize that. The<br />
truth be told, I'm embarrassed by the current administration. Who isn't? But whatever one wants to say<br />
about George Bush, there can be no question that he loves his country. He once made the simple<br />
statement that simply put reflects who and what he is.<br />
Alan Shore: Simple?<br />
Judge Clark Brown: Mr. Shore!<br />
Denny Crane: He said, "You're either with us or against us." Town of Concord comes in to court and<br />
says they no longer choose to be with us. They want to abandon America. It is the most unpatriotic act<br />
of heresy imaginable. It's treason! Your Honor, if you allow this case to continue a week, a day, an hour,<br />
you're saying that abandoning America in a time of war is conceivably acceptable. If you love this nation<br />
just one fraction of what George Bush does, or I do, or most Americans do, you cannot find that<br />
acceptable.<br />
Denny sits. Alan is now up.<br />
Alan Shore: Not too long along we set the example for the world on civil liberties and human rights.<br />
Today… He scoffs. ….today we have this bipartisan piece of legislation, the <strong>Patriot</strong> Act, that<br />
criminalizes free speech, authorizes warrantless searches, allows for wiretaps without probable cause.<br />
People can now be locked up on suspicion alone, denied due process or even a hearing. As for foreign<br />
10
nationalists, forget it, they<br />
can be deported for what<br />
they say or think, even if<br />
they're completely lawabiding<br />
they can be kept<br />
from ever entering this<br />
country under the<br />
ideological exclusion rule.<br />
Again, based on what they<br />
say or think. All this<br />
accomplished by a Bill that<br />
our leaders rushed to pass<br />
just six weeks after those<br />
towers came down. Did you<br />
read the <strong>Patriot</strong> Act, Judge?<br />
He doesn't wait for a reply.<br />
Members of Congress<br />
certainly didn't. It was<br />
pushed through with so<br />
much haste there was almost no deliberation because few, if any, members of the House or Senate had<br />
bothered to read it. Most still haven't! A Bill that mocks our Constitution and moves us ever closer to<br />
tyranny. We now round up suspects and throw them in detention camps, claiming they're not prisoners<br />
of war so that we may torture them in violation of the Geneva Convention. We set up these camps in<br />
Cuba and other foreign locations. This is not something done by a Government with moral integrity. It<br />
does not reflect a nation with a conscience. And let's talk about the torture. This isn't slapping around<br />
some suspect who knows of a ticking bomb. We now use torture as a matter of course. We use it<br />
against people just to see if they have information. Any information! Torture is no longer the exception,<br />
but the rule. It's systemic. Water-boarding. Sexual humiliation. Extreme psychological and physical<br />
abuse. We all know the horrors of Abu Ghraib. And those orders came from the very top! George Bush<br />
knew and approved of these tactics, as did Rummy, Condi, Dick, Ashcroft, Tennent, even Colin Powell.<br />
They all knew and participated in creating the policy, as did many others, and yet not one high ranking<br />
officer or member of this administration has been held accountable. Not one! We set up these secret<br />
prisons using techniques modeled on the dungeons of Egypt. We chain prisoners to ceilings! We<br />
subject them to simulated drownings or sexual abuse. This is not moral leadership! This is not the<br />
conduct of a country that regards the law or respects human rights. And the country I speak of is not<br />
Egypt or Saudi Arabia, or even North Korea. It's the United States of America. My country! To Denny.<br />
Your country! Denny Crane said to me that I cannot know the experience of lying down at night and<br />
facing the idea of losing America. Since September 11th, <strong>20</strong>01, I think most of us have laid down and<br />
imagined exactly that! But I wonder, "What is it about America that we most fear losing?" and I wonder,<br />
"How much of that have we lost already?" The town of Concord--what can it really do? Stage a protest?<br />
Have a rally? A parade? Call a press conference? Would that even make the news? But threaten to<br />
secede! That would get some attention! And if you look at all the facts here you'll see Concord isn't<br />
really seeking to leave America at all. It's America that has left them! And ultimately Concord will not be<br />
allowed to secede. We all know that. But if you quash this at the summary judgment stage you will in<br />
effect be ruling that their concerns are not even legitimate. And how can any true American conclude<br />
that? We stand here today asking you to defend a democracy that our Congress and our President<br />
refuse to defend. We're asking you to stand up for the Constitution which every Judge is duty-bound to<br />
protect. We ask you to stand up for an America that sixty years ago our soldiers stormed a beach at<br />
Normandy to defend. To Denny. This case is personal to you, and it's personal to me, it's personal to<br />
everyone in this courtroom. I love this country, Denny. I just… sometimes I just don't recognize it<br />
anymore.<br />
Alan sits down.<br />
Later in Judge Clark Brown's courtroom, he comes out of his chambers.<br />
Clerk: All rise. Everybody rises. The Judge sits. Be seated.<br />
Judge Clark Brown: I, like many Americans, am horrified that our Government tortures prisoners of war.<br />
That we have turned our police powers, many of them illegal, against our own citizens. If the goal of the<br />
terrorists on nine-eleven was to knock down democracy, then they surely have succeeded. But I, like<br />
11
many Americans, care more about the protection of our children, grandchildren, than I do our nation's<br />
ideals. I do not doubt for a moment that the Government is acting in good faith to make us safe. Nor do I<br />
doubt that if there's any time in our nation's history when we must simply stick together, it is now. The<br />
concerns and questions you have raised, Mr. Shore, are indeed legitimate, but I cannot and I will not<br />
allow to stand, Concord's motion to secede from this country. He pounds his gavel. We're adjourned.<br />
Alan Shore: To Denny. Still undefeated.<br />
Denny Crane: Never in doubt.<br />
Alan Shore: How about our friendship?<br />
Denny Crane: He places his hands on Alan's shoulders. Alan, a man's never so rich as he is with<br />
friendship. Except when he's got fifty thousand dollars.<br />
Alan Shore: I thought we doubled it?<br />
Denny Crane: I gave you half off because I like you. Alan nods. Denny picks up his hat. Walk out with<br />
me?<br />
Alan Shore: Please.<br />
In the men's room, Denny is at the<br />
sink when Shirley comes in.<br />
Denny Crane: Men's room!<br />
Shirley Schmidt: I got it wrong.<br />
Denny Crane: No biggie. The stalls<br />
are empty.<br />
Shirley Schmidt: I got it wrong about<br />
your no longer being a brilliant<br />
attorney. Seems you still are.<br />
Denny Crane: Sex?<br />
Shirley Schmidt: She chuckles. Not<br />
tonight.<br />
Denny Crane: Oh. I had a dream, you<br />
and I were swimming in my pool,<br />
buck naked, we began to make<br />
ferocious love, you screamed so<br />
loudly the police came and looked<br />
over the fence and said, "Ah, that just<br />
Crane, pool and Schmidt."<br />
They both chuckle.<br />
Shirley Schmidt: And on that lovely note, good night Denny. And way to go! She gives him a quick<br />
kiss and leaves.<br />
On the balcony, Alan and Denny are smoking cigars and drinking scotch.<br />
Denny Crane: She's still in love with me.<br />
Alan Shore: He chuckles. Everybody loves a winner.<br />
Denny Crane: You were pathetic. Trying to get me to wear that Minuteman outfit.<br />
Alan Shore: He laughs. You've worn it before.<br />
Denny Crane: Hm. I actually did listen to your closing. Almost made me cry.<br />
Alan Shore: Really?<br />
Denny Crane: Yeah. Cause for a second there I thought you'd win. Let me ask you a question. Don't<br />
you get tired of going on and on and on like that?<br />
Alan Shore: Yes. When you think of the hours and hours I've spent standing in front of a jury.<br />
Denny Crane: Let's not.<br />
Alan Shore: Jerry said something about how we don't tend to the friendships in our lives.<br />
Denny Crane: We do! Every night, right here.<br />
Alan Shore: Yes. But when I consider my job with all those closings…<br />
Denny Crane: Endless closings.<br />
Alan Shore: … many of them quite personal…<br />
Denny Crane: Long-winded closings.<br />
Alan Shore: All right!<br />
Denny Crane: What's you point?<br />
12
Alan Shore: My point is I've spent perhaps most of my adult life talking and talking and talking to<br />
strangers. Why don't people take more time to be with the ones they love? Why don't we take more<br />
vacations? We keep talking about going fishing again. My God, you brought a trout from a pet store!<br />
Denny Crane: Alan! Let's go! Now!<br />
Alan Shore: I'm being serious, Denny.<br />
Denny Crane: So am I! Let's hang the "Gone Fishing"<br />
sign on the door and go!<br />
Alan Shore: Where?<br />
Denny Crane: We start with the Charles River ! Go from<br />
there! Road trip, you and me.<br />
Alan Shore: Don't tease me, I'll do it.<br />
Denny Crane: I'm not teasing. Let's go. We'll camp! Fish!<br />
Toast marshmallows!<br />
Alan Shore: Same tent?<br />
Denny Crane: Separate sleeping bags. Come on. Nature<br />
awaits.<br />
Alan Shore: Oh! God! Why'd you have to bring up<br />
nature? You know I hate nature.<br />
Denny Crane: I’ll hold your hand! What was that quote you said from Ralph Waldo Emerson?<br />
Alan Shore: He said quite a few things.<br />
Denny Crane: A friend may well be reckoned a masterpiece of nature. Can't remember what I had for<br />
breakfast but that I remember.<br />
Alan Shore: You constantly surprise me.<br />
Denny Crane: Keeps the love fresh. Alan. He rises. Let's go fishing!<br />
Alan Shore: He rises. Let's go fishing.<br />
They touch their glasses and drink up.<br />
On the streets of <strong>Boston</strong>, Alan and Denny are walking, both wearing their Coast Guard uniform,<br />
hip waders, carrying a fishing rod, smoking a cigar and laughing as they walk towards the<br />
Charles River. Different areas at Crane, Poole and Schmidt, are shown as the Beatles sing:<br />
There are places I remember.<br />
All my life.<br />
Though some have changed.<br />
Some forever, not for better!<br />
Some have gone and some remain.<br />
All these places have their moment.<br />
With lovers and friends.<br />
I still can recall.<br />
Some are dead and some are living.<br />
In my life I've loved them all.<br />
In my life I've loved them all.<br />
Ending with a handwritten sign saying:<br />
Gone Fishin'<br />
13