Season 1 – Episode 9 – “The Short List”

Episode Summary:

When a Supreme Court Justice Crouch (Mason Adams) retires, President Bartlet (Martin Sheen) has a golden opportunity to impact the court’s composition by nominating Judge Peyton Cabot Harrison III; but when further study reveals the candidate’s conflicting ideology, the President might opt for Judge Roberto Mendoza (Edward James Olmos). In addition, a headline seeking congressman, Peter Lillienfield (Holmes Osborne) on the House Government Oversight Committee accuses the White House staff of substance abuse — a dicey issue for one important member, Leo McGarry (John Spencer).

Script:

THE WEST WING
'THE SHORT LIST'
STORY BY: AARON SORKIN & DEE DEE MYERS
TELEPLAY BY: AARON SORKIN & PATRICK CADDELL
DIRECTED BY: BILL D'ELIA

TEASER

FADE IN: INT. THE WHITE HOUSE - JOSH'S OFFICE - DAY
MONDAY MORNING
There is a continuous banging from somewhere. Josh and C.J. are both on the
phone in
his office. Josh is doing the talking. C.J. is listening through another
phone line.

JOSH
[into phone] Yes... Yes... Yes... So are you prepared at this point to...

Josh and C.J. suddenly jump as if they won something.

JOSH
[into phone] Thank you. Thank you, sir. Uh, if you'll sit by the phone for
a few minutes,
you can expect a call from the president. Thank you again. [hangs up the
phone slowly]

C.J.
YES!

JOSH
It's done.

C.J.
We did it!

JOSH
It is done!

C.J. goes running screaming into JOSH'S BULLPEN AREA. Josh follows
quickly. Donna is
outside. Everyone looks at them.

C.J.
It's done!

DONNA
Who did it?

C.J.
We did it!

JOSH
I did it! C.J. was on the phone with her fingers crossed.

C.J.
All you did was just one phone call.

JOSH
It was a series of phone calls, which I masterminded, while I'm not one to
be selfish
about credit, I think it is important to know that it is done, and I DID
IT! Donna, call
Toby. Call Sam. Call Leo. Call the president. Tell them I'm on my way over.

C.J.
Congratulations!

JOSH
Nothing to the press.

C.J.
Yes. [starts to walk away]

JOSH
Claudia Jean?

C.J.
Yeah?

JOSH
We did it!

C.J.
Yeah!

They hug tight. C.J. walks off as Josh walks the other way. Donna quickly
catches up
into the NORTHWEST LOBBY.

DONNA
Wait!

JOSH
What?

DONNA
Don't you want to know about the banging in your office?

JOSH
Banging in my office?

DONNA
They've been at it all morning.

JOSH
Banging?

DONNA
Yeah.

JOSH
I don't know what you're talking about.

They cut into the HALLWAY.

DONNA
Josh, there's a loud banging or thumping coming from the floor above your
office.

JOSH
I didn't notice.

DONNA
How could you not notice?

JOSH
Because I didn't, Donna. I've been on the phone for the last hour trying to
seal the deal
to fill a seat on the Supreme Court.

DONNA
It was a pretty loud banging, Josh.

JOSH
You got to understand I'm talking about the United States Supreme Court right?

DONNA
Yes.

JOSH
Okay.

Josh and Donna pass the COMMUNICATIONS OFFICE. Sam comes out and gives Josh
a high five.
Toby comes out from an office and also gives Josh a high five.

SAM
Who da man?

TOBY
You da man!

SAM and JOSH
We da man!

DONNA
This is just gross.

JOSH
Wait there for me.

Josh, Sam and Toby walk inside the OUTER OVAL OFFICE. Mrs. Landingham is
behind her desk.
Toby laughs.

TOBY
Good morning, Mrs. Landingham.

MRS. LANDINGHAM
Good morning.

JOSH
Good morning!

SAM
Good morning, indeed.

MRS. LANDINGHAM
Josh?

JOSH
Yes, Mrs. Landingham?

MRS. LANDINGHAM
Is it done?

JOSH
Well, that depends on your answer to this question, Mrs. Landingham: Who da
man?

MRS. LANDINGHAM
Excuse me, Josh?

Toby is still laughing.

JOSH
Hmmm... Who da man?

MRS. LANDINGHAM
You da man.

JOSH and SAM
[bumps chests] We da man!

TOBY
You da men.

MRS. LANDINGHAM
He's waiting for you.

JOSH
Thank you.

Toby sighs. They walk in THE OVAL OFFICE. Bartlet and Leo are inside.

BARTLET
I heard we may have...

JOSH
Yes sir.

BARTLET
I can call him?

JOSH
He's waiting for you sir.

BARTLET
It's done?

JOSH
Done.

LEO
You got yourself a Supreme Court nominee, Mr. President.

BARTLET
This is huge. Which one of you is the man?

TOBY
On this one, we'd like to think of ourselves collectively as the men, sir.

BARTLET
Mrs. Landingham, let's make the phone call!

JOSH
Congratulations.

BARTLET
Thank you. You too. [They shake hands.]

SAM
Well done, sir.

BARTLET
Thank you.

Leo, Toby, Sam and Josh go into LEO'S OFFICE. Mandy is already inside.

MANDY
You guys rock.

SAM
Oh, we really do.

LEO
Let's bring in the chairman and the ranking member from judiciary, the
leadership from
both sides, and C.J. you should...where is C.J.?

C.J.
[comes in behind Leo] Right here.

LEO
[turns around] Oh.

C.J.
Sorry.

LEO
You should wear a bell around your neck, you know that?

C.J.
Thank you.

LEO
So what do we want to we do?

TOBY
C.J. will let the press know that the president will introduce his nominee
in an east room
press ceremony Thursday, 5 p.m.

JOSH
Can we do it on Friday, and give ourselves more time?

TOBY
Thursday.

JOSH
Why?

SAM
Because that's when people watch T.V.

MANDY
We can do this in four days?

TOBY
Yep.

LEO
Are you sure?

TOBY
Yep.

LEO
Toby, you're running the show.

TOBY
I know.

LEO
Put the ball in the hole.

TOBY
It's done.

LEO
No, it's not. So get it done.

TOBY
Yes sir.

Toby comes out of Leo's office into the HALLWAY. Josh, Sam, Mandy and
C.J. follow.

TOBY
Josh, get me everything.

JOSH
We vetted him two months.

TOBY
I'm gonna vet him four more days. I want to know every parking ticket. I
want to know
every girlfriend he stood up for dinner in 1953. Mandy, you're gonna roll
this guy out
on a show that makes the queen's coronation look like dinner theater. Sam,
you're gonna
write the president's introduction. You're also gonna write the Harrison's
remarks.

SAM
Harrison's not gonna like that.

TOBY
Show him the robe he gets. He'll like it fine.

They all walk inside the COMMUNICATIONS OFFICE.

TOBY
C.J., no leaks. If the name of this nominee is leaked out before I want it
to be leaked
out, I'm gonna blame you, and you're gonna find that unpleasant.

C.J.
I got to tell you something, Toby. You're hot when you're like this.

TOBY
[yells] I am gonna put Harrison on the Court! I swear to God I am!

JOSH
We meet again three hours.

MANDY
C.J., come talk to me.

Toby goes inside his office. Mandy and C.J. walk off.

SAM
Did you see his face?

JOSH
We're home.

SAM
I'll see you later.

Sam goes inside his office. Donna quickly appears in front of Josh.

DONNA
It's a maintenance crew.

JOSH
The banging?

DONNA
They're working upstairs.

They walk out into the HALLWAY.

JOSH
Peyton Cabot Harrison III.

DONNA
Yes.

JOSH
Peyton Cabot Harrison III. He sounds like he should be a Supreme Court
justice.

DONNA
It's a good name.

JOSH
Phillips Exeter, Princeton, Rhodes scholar, Harvard Law Review, for which
he was, oh yeah,
the editor. Did I mention that he was dean of Harvard Law School? Did I
mention that his
father was attorney general to Eisenhower?

DONNA
Peyton Cabot Harrison III.

JOSH
That's right.

DONNA
Jewish fellow?

JOSH
You're not gonna ruin this moment for me, Donna.

DONNA
I'm sharing this moment with you.

JOSH
This is a big day for us.

DONNA
You're the men.

The two go inside JOSH'S OFFICE. Josh sits in his chair. Donna sits across
him.
The banging still continues.

JOSH
You know what we're finally gonna have?

DONNA
A waspy old man in the Supreme Court?

JOSH
A smooth confirmation process.

DONNA
You think?

JOSH
It's gonna sail.

DONNA
I hope so.

JOSH
It's gonna sail, Donna.

DONNA
There's many a slip twixt the tongue and the wrist, Josh.

JOSH
Yes. Well, your fortune cookie wisdom notwithstanding, it's gonna sail.

DONNA
Please don't get your hopes up.

JOSH
Why shouldn't I get my hopes up?

DONNA
Because when it doesn't work out, you end up drunk in my apartment in the
middle of
the night and yell at my roommate's cats.

JOSH
Smooth sailing, Donna.

DONNA
Cautious optimism, Josh.

JOSH
Nothing bad is gonna happen this week.

DONNA
Exercise cautious optimism.

JOSH
Look, there is no reason...

A big chunk of the ceiling comes falling down in front of Josh. It crashes
on his desk.

JOSH
Well... okay.

He dusts his sleeve and looks up the ceiling.

SMASH CUT TO: MAIN TITLES.
END TEASER
* * *

ACT ONE

FADE IN: INT. THE SUPREME COURT - JUSTICE CROUCH'S OFFICE - DAY

The retiring Supreme Court Justice JOSEPH CROUCH is with President Bartlet.

BARTLET
You're too young to retire, Joseph.

CROUCH
[laughs] You're an excellent liar, Mr. President.

BARTLET
[chuckling] Yes sir.

CROUCH
You're gonna go with Harrison?

BARTLET
He's on the short list.

CROUCH
Yeah?

BARTLET
Yeah.

CROUCH
With how many other names?

BARTLET
We'll make our announcement on Thursday.

CROUCH
You've decided on Harrison.

BARTLET
I haven't made a decision yet, Joseph.

CROUCH
You've made the call. [beat] Did you even consider Mendoza?

BARTLET
Mendoza was on the short list.

CROUCH
Mendoza was on the short list so you can show you had an Hispanic on the
short list.

BARTLET
That's not true, Joseph.

CROUCH
You ran great guns in the campaign. It was an insurgency, boy, a sight to
see. And then
you drove to the middle of the road the moment after you took the oath. Just
the middle
of the road. Nothing but a long line painted yellow.

BARTLET
Excuse me, sir...

CROUCH
I wanted to retire five years ago. But I waited for a Democrat. I wanted a
Democrat.
Hmm! And instead I got you.

CUT TO: EXT. THE SUPREME COURT - DAY
The press is waiting below the stairs of the Supreme Court. Danny is among
them.
C.J. approaches.

DANNY
Hey.

C.J.
Hey.

DANNY
How you doing?

C.J.
I'm doing fine, Danny.

DANNY
Is it gonna be Harrison?

C.J.
Why, why, oh why do you ask me questions that you absolutely, positively
know I'm not
gonna answer?

DANNY
It's a good conversation starter.

C.J.
I can't go out on a date with you, Danny.

DANNY
Who asked you?

C.J.
Okay.

DANNY
You think Harrison is gonna be a good Justice?

C.J.
Danny?

DANNY
You see what I did there?

C.J.
Yeah.

DANNY
I tried to trick you into confirming it was Harrison.

C.J.
Yes.

DANNY
It didn't work.

C.J.
No.

DANNY
And you won't go out on a date with me, right?

C.J.
Right.

DANNY
Okay.

C.J. walks behind the podium and grabs a bunch of papers. She takes a look
at Danny and
walks away.

CUT TO: INT. JUSTICE CROUCH'S OFFICE - DAY
Justice Crouch and President Bartlet are still talking.

BARTLET
I suppose we should get out there.

CROUCH
Not yet, sir.

BARTLET
I'm sorry Joseph, but I am...

CROUCH
I've served on this bench for 38 years. I took my seat the year you began
college.
I believe I've earned the right to say a word.

BARTLET
You've said quite a few words.

CROUCH
Not enough.

BARTLET
Let's get out there.

CROUCH
Take the next few days with your staff, and give Mendoza the consideration
he deserves.

BARTLET
Joseph, when the next seat opens up, I promise you...

CROUCH
When the next seat opens up, you'll be writing your memoirs.

BARTLET
In three years, I would hope to be running for reel...

CROUCH
You're gonna get beat in three years.

BARTLET
That's a little pessimistic, Joseph.

CROUCH
American voters like guts. And Republicans have got them. In the three years,
one of them
is gonna beat you.

BARTLET
You know I imagine the view from your largely unscrutinized place in history
must be very
different from mine. But I remind you sir, that I have the following things
to negotiate:
an opposition Congress, special interests with power beyond belief, and a
bitchy media.

CROUCH
So did Harry Truman.

BARTLET
Well, I am not Harry Truman.

CROUCH
Mr. Bartlet, you needn't point out that fact.

BARTLET
[beat] It's 'Dr. Bartlet,' your honor. Now, let's go start your retirement.

CUT TO: EXT. THE SUPREME COURT - DAY
C.J. is pacing back and forth. Danny is with her.

DANNY
Want my gloves?

C.J.
No, thanks.

DANNY
I asked because you look pretty cold.

C.J.
I'm fine.

DANNY
What do you suppose they're talking about in there?

C.J.
The president and Justice Crouch are old friends.

DANNY
The president and Justice Crouch can't stand each other.

C.J.
The man's retiring today. It's a courtesy call. What do you want from me?

DANNY
Dinner and a movie.

C.J.
No.

DANNY
You think Crouch is pissed because the president has already settled on
Harrison?

C.J.
Danny?

DANNY
I did it again!

C.J.
Yeah.

DANNY
But you know what you did?

C.J.
What?

DANNY
You outfoxed me.

C.J.
You're killing me. You know that, Danny.

A woman, coming down from the stairs, passes by.

WOMAN
Here we go.

We see Bartlet, Crouch and several Secret Service Agents coming down the
front stairs
of the Supreme Court. C.J. approaches them. Danny goes back to the press area.

CUT TO: INT. JOSH'S OFFICE - DAY
A maintenance guy is working on the ceiling. Josh and Donna stand watch.

JOSH
That was inches from my head.

DONNA
Josh.

JOSH
Inches.

DONNA
It was not inches.

JOSH
It was inches. A little bit this way, a little bit that way, bam! Massive
head wound.

DONNA
You're fine.

JOSH
Yeah, but there for the grace of God, you know what I'm saying?

DONNA
Yes.

JOSH
I really think if big chunks of ceiling are gonna fall on anyone... I don't
know...

A brief silence as Josh inhales.

DONNA
What?

JOSH
It should be you.

DONNA
Ugh. I knew you were gonna say that.

JOSH
From now on, before I come in in the morning, I want you to test my office.

MANDY
[comes up] Josh?

DONNA
Staff in ten minutes. [leaves]

JOSH
You see this?

MANDY
Yeah.

JOSH
Inches from my head.

MANDY
Why is Peter Lillienfield holding a press conference?

JOSH
Who cares?

MANDY
I do. Why is Lillienfield holding a press conference?

JOSH
I don't know.

MANDY
Is he unhappy about something?

JOSH
He's always unhappy about something. [calls] Donna! Where's my east Asia
memo?!

DONNA [OS]
[yells] Right here!

MANDY
It starts in two minutes.

JOSH
What starts in two minutes?

MANDY
Lillienfield's press conference.

JOSH
[shouts] It's okay, Donna. I'll just come and get it myself!

DONNA [OS]
Keep your pants on Josh! I'm on my way!

MANDY
Josh?

JOSH
Mandy.

MANDY
I'm just saying that we don't need any surprises today.

JOSH
We're not gonna have any surprises today.

MANDY
I'm putting on a show. I don't want to get upstaged.

JOSH
You're not gonna get upstaged.

Mandy leaves. Donna comes in hurriedly with a piece of paper. She gives it
to Josh.

DONNA
Here.

JOSH
Thank you.

DONNA
You're welcome.

JOSH
You should be nice to me. I could be dead you know.

DONNA
I don't have that kind of luck. [leaves]

CUT TO: INT. TOBY'S OFFICE - DAY
Toby is behind his desk writing. Sam comes in.

SAM
Yeah?

TOBY
I would like you to play out that as a lifelong Democrat, he clerked for a
Republican.
I would like you to play DOWN that he'd never written a judicial opinion on
abortion or
revealed his thinking on Roe.

SAM
I'm already there.

TOBY
Well, thank you.

Sam looks at the television. It shows PETER LILLIENFIELD'S press conference.

SAM
What's this?

TOBY
Lillienfield's talking about something that's bothering him today.

SAM
WHAT could possibly be less interesting? I'll be in my office.

TOBY
Okay.

Sam leaves and closes the door. Toby goes back to writing. We hear the
television.

LILLIENFIELD [on T.V.]
...Gone are the days of the best and the brightest. Stained, I believe,
are the legacies
of the great White House staffers. Names like Schlesinger, Sorenson, Rumsfeld,
and Persons
have been replaced by a roster of Ivy League liberals, Hollywood darlings. One
in three of
who, one in three... used drugs on a regular basis.

A surprised Toby slowly looks at the television.

LILLIENFIELD [cont.]
And in case there should be any confusion about my meaning, I'm not talking
about aspirin
or decongestants...

Toby picks up the phone and dials.

LILLIENFIELD [cont.]
...Members of my staff will be passing out the most recent figures...

TOBY
[into phone] Get her.

CUT TO: INT. C.J.'S OFFICE - DAY
Carol knocks and comes in. C.J. is standing in front of the television,
watching the
press conference.

CAROL
C.J.?

C.J.
Tell him I'm watching.

LILLIENFIELD [on T.V.]
...And to ask who exactly is it that's helping lead our country, who has
the ear of the
president, advising the president... [continues]

FADE OUT.
END ACT ONE
* * *

ACT TWO

FADE IN: INT. HALLWAY - DAY
Leo and C.J. are walking.

LEO
One in three?

C.J.
Yes.

LEO
He said one in three White House staffers were on drugs?

C.J.
Yes.

LEO
Where does he get these stats?

C.J.
Leo...

LEO
I mean where does he pull them from?

C.J.
Out of the clear blue sky, but that doesn't matter.

They walk inside LEO'S OFFICE. Margaret is on her way out.

LEO
Is somebody bringing me a tape of this?

MARGARET
They're getting it. [leaves]

Mandy is inside the office.

MANDY
This isn't happening to me.

LEO
Nothing's happening. Stay cool.

SAM
[pops his head and walks in] Is it possible for Peter Lillienfield to be a
bigger
jackass? You think if he tried hard, there's room for him to be a slightly
bigger
horse's ass than he's being right now?

C.J.
At some point, you hit your head in the ceiling, don't you?

SAM
I think there's unexplored potential.

JOSH
[comes in] 'Sup?

MANDY
Josh.

JOSH
Five White House staffers in the room. I would like to say to the 1.6 of
you who are
stoned right now, that it's time to share.

Everyone laughs except Mandy.

MANDY
This isn't funny, Josh.

JOSH
Mandy, if you can't laugh at this, then you're just not having enough fun
in show business.

MANDY
Josh?

JOSH
He's a featherweight, Mandy. He's a hairdo.

SAM
I think if he put his shoulder into it, he could be a slightly bigger gasbag.

JOSH
Yeah.

SAM
You know, if he really reach for the stars.

TOBY
[quickly walks in] Good morning.

C.J.
Hey.

TOBY
There's no way you saw this coming?

LEO
Toby...

TOBY
Leo, I know I'm in your office. Forgive me. [yells] But nobody saw this
coming?!

C.J.
Yeah. I can't believe my psychic didn't tell me, Toby. Rest assured, I'm
gonna get
my twenty bucks back.

LEO
Short-term, long-term?

JOSH
Short-term nothing.

C.J.
I can't go with nothing.

JOSH
Why not?

C.J.
Pretend we didn't see it?

JOSH
He's a liar. He's a fool. Categorically deny it and move on.

MANDY
She can't.

C.J.
I can't.

JOSH
Why not?

C.J.
Because more than 1300 people work for the White House, Josh. I go to the
Press Room
and categorically deny that anyone uses drugs, and it turns out that three
guys in the
photo lab blew a joint over the weekend, which is not like out of the realm
of possibility.
And my next question is...

MANDY
But you categorically denied it, now you admit there are three.

C.J.
Yes. Well, I categorically deny that there are any more than three.

Toby paces.

MANDY
But now it seems that the assistant to the deputy director of White House
beverages--

JOSH
All right.

MANDY
--is confessing to a life of a closet junkie.

C.J.
Yes, and I understand she's selling her story to Random House for a middle
six-figure advance.

TOBY
[now has his head against the wall] All right. Are we done with Masterpiece
Theater?

LEO
C.J., we're looking into it, okay?

C.J.
Yeah.

LEO
That's what we're saying right now.

JOSH
I don't care if we say that, but... we're not actually looking into it,
are we?

LEO
Yes.

JOSH
This is a joke, right?

MARGARET
[walks in] Leo?

LEO
Yeah? Toby. [points at the staff]

TOBY
Yeah.

Leo walks away with Margaret.

CUT TO: INT. HALLWAY - DAY
Toby and the rest of the staff follow him as they walk out of Leo'S office.

TOBY
C.J., go do your briefing. The president paid a courtesy call on Crouch this
morning.
We got some exciting names. On the short list is Ed Harrison. We'll introduce
the nominee
Thursday, 5 o'clock. This business with Lillienfield...

C.J.
I've heard about it, and I'd like the chance to see it first before I comment.

They all walk inside the COMMUNICATIONS OFFICE.

TOBY
Is the president aware?

C.J.
We'd like to keep this things off the president's desk until we measure what,
if any,
credibility...

TOBY
Good girl.

C.J. walks off. Toby, Josh, Mandy and Sam stop in front of Toby's office.

MANDY
Toby, if the alternative is getting Harrison bumped off the top story...

TOBY
We're not gonna postpone.

MANDY
Let's end this fast.

JOSH
How?

MANDY
You know how.

JOSH
No, I don't.

SAM
Mandy.

MANDY
What I'm saying...

TOBY
Go back to work, Mandy.

JOSH
Now, hang on a second. I'd like to hear what-

TOBY
Hey! Go back to work.

MANDY
Lillienfield is walking on a stage, and he's not gonna get off until he gets
off is
what I'm saying.

JOSH
We are not taking drug tests.

MANDY
Why not?

JOSH
Because we're not!

MANDY
Toby, let's end this.

JOSH
Toby, if you...

TOBY
Shut up. [to Mandy] Go. [Mandy leaves.] Sam, go back to doing what you're
doing.

SAM
They just delivered five cartons of Harrison's old papers.

TOBY
Then go start reading.

Sam goes inside his office.

JOSH
Toby...

TOBY
What do we know? What do they know?

JOSH
Now, wait, hang on a second.

TOBY
Josh...

JOSH
You're not making me--I'm not gonna be the internal affairs cop around here.

TOBY
Yes, you are.

JOSH
You want to know who's doing what around here, you ask them yourself!

TOBY
This isn't the time, Josh. We taking water over the side...

JOSH
Yes, and I'm not indifferent to that, but there's a principle here-

TOBY
No, there's not. Not this week. We've been doing this for a year, and all
we've gotten is
a year older. Our job approval's 48%, and I think that number's soft, and
I'm tired of
being the field captain for the gang that couldn't shoot straight! We're
getting this done!
[beat] What do we know? What do they know? Start with me, if you want.

Toby goes into his office.

CUT TO: INT. SAM'S OFFICE - MORNING
TUESDAY MORNINGH
The sun is not out yet. Sam is sleeping in his chair. Around him are a bunch
of cartons
containing old papers. The phone rings. He wakes up and picks up the phone.

SAM
Hello? This is Sam Seaborn. [listens] What's your name? Uh, I'm not a
cop. What's your
name? [listens] Where are you right now? [listens] All right. I'm the only
one in my
office, but as soon as the secretary get--you know what? Hang on. I'm on my
way.
[hangs up the phone, wears his jacket, heads out, and trips over one of the
cartons]
Ow!

CUT TO: INT. THE WHITE HOUSE PORTICO - DAY
Bartlet and Leo are headed for the Oval Office.

BARTLET
A quick confirmation's gonna be good for us.

LEO
Ritter says we'll get unanimous approval out of committee and 90 votes in
the Senate.

BARTLET
That's a blowout, Leo.

LEO
Mm-hmm.

BARTLET
Just what the doctor ordered. [An agent opens the door.] Thank you.

Bartlet and Leo walk inside the OUTER OVAL OFFICE.

BARTLET
Good morning, Mrs. Landingham.

MRS. LANDINGHAM
Good morning, Mr. President.

LEO
Good morning.

MRS. LANDINGHAM
Good morning.

BARTLET
When is Harrison getting in?

LEO
Late tonight.

BARTLET
Good.

They finally get to THE OVAL OFFICE. Charlie is inside.

BARTLET
Good morning, Charlie.

CHARLIE
Good morning, Mr. President.

LEO
Good morning.

BARTLET
Peyton Cabot Harrison. Find out what kind of cigars he likes, what kind of
perfume his
wife likes, and have them sent over to their hotel, okay?

CHARLIE
Back channels, sir?

BARTLET
Yeah.

Charlie takes Bartlet's jacket and leaves.

LEO
They're gonna stake the hotels. Gifts coming from the White House...

BARTLET
We're using back channels. What is going on with Lillienfield?

LEO
You're staying out of it.

BARTLET
Fine.

LEO
Anything else?

BARTLET
We're gonna get this done, right?

LEO
Yes sir.

BARTLET
All right.

MRS. LANDINGHAM
[walks in] Mr. President?

BARTLET
I'm on my way.

LEO
Thank you, Mr. President.

BARTLET
Thank you.

Leo is on his way to his office.

BARTLET
Leo?

LEO
Yes, sir?

BARTLET
We looked at everybody, right?

LEO
Sir?

BARTLET
The short list. We looked at Mendoza?

LEO
We looked at him.

BARTLET
Leo...

LEO
We fixed on Harrison.

BARTLET
Yeah, you're right. I'll see you later.

LEO
Yes sir.

Leo goes into his office. Bartlet heads out into the OUTER OVAL OFFICE. Two
military
types are waiting at the door.

BARTLET
Good morning, gentlemen. Sorry to keep you waiting. Let's go.

Bartlet and the men walk out into the HALLWAY. Two Secret Service Agents
are waiting.
They follow the president.

BARTLET
Good morning. Good morning. Hang on a second.

They all stop walking as Bartlet goes inside the COMMUNICATIONS OFFICE. The
staffers
quickly stand up at the sight of the president.

STAFFER 1
Good morning.

BARTLET
Good morning. Keep your seats.

STAFFER 2
Good morning, Mr. President.

BARTLET
Good morning.

Bartlet goes into TOBY'S OFFICE. Toby is inside.

BARTLET
Good morning, Toby.

TOBY
Good morning, sir.

BARTLET
Do this for me. Put together some information on Roberto Mendoza.

TOBY
Sir... it's natural to have second thoughts, but...

BARTLET
No. I just want to be able to know something. There's gonna be a lot of
questions.
I don't want it to be 'we had a Hispanic on the short list.'

TOBY
What is it you're looking for?

BARTLET
The reason we didn't go with him.

TOBY
The reason we didn't go with him is because Harrison said yes.

BARTLET
Let's do better than that.

TOBY
Yes sir.

BARTLET
Uh, what's going on with this drug thing?

TOBY
You don't want a piece of that.

BARTLET
All right. I'll trust ya. Thank you.

Bartlet walks back out to the COMMUNICATIONS OFFICE. The staffers stand up
again.

SAM
[passes by] Good morning, sir.

BARTLET
Good morning, Sam.

We follow Sam as he goes inside TOBY'S OFFICE.

SAM
Toby.

TOBY
He wants me to look at Mendoza. What...?

SAM
[slams an envelope on Toby's desk] I got a phone call before from a guy with
some
information. I just picked it up. I read it on the way back. It's not good.

TOBY
Is it the drugs?

SAM
No.

TOBY
What is it?

SAM
It's Harrison.

TOBY
Close the door.

Sam looks around the Communications Office and closes the door.

FADE OUT.
END ACT TWO
* * *

ACT THREE

FADE IN: INT. TOBY'S OFFICE - DAY
Sam is still there. Toby is going over through a bunch of papers.

SAM
It's called an unsigned note. Every member of Law Review is required to
prepare one.
It's like an article.

TOBY
I know what an unsigned note is.

SAM
It's 40 or so pages, well researched, footnoted, and revised with faculty
supervision,
and it's published.

TOBY
Without the names.

SAM
Without the names. It's scholarly work.

TOBY
How do we know Harrison...?

SAM
Toby...

TOBY
What, I'm supposed to just trust 'the guy on the phone?'

SAM
I spent the last three months reading everything Harrison's written, from
decisions,
to memos, to amacus briefs, Toby. He's the author of the unsigned note.

TOBY
[pause, calls] Bonnie!

BONNIE
[opens the door] Yeah?

TOBY
I'm gonna need the next five minutes the president's got.

BONNIE
Yeah.

Bonnie leaves and closes the door. Toby looks at Sam.

CUT TO: INT. NORTHWEST LOBBY - DAY
Josh and Donna are walking.

DONNA
How does Lillienfield get his information?

JOSH
Ah, he's got a half government oversight committee. These are the people
who literally
decide if we get heat and electricity in the White House.

They go near the JOSH'S BULLPEN AREA - CONTINUOUS
Josh is getting himself coffee. Then they walk again.

DONNA
So they have access to background information?

JOSH
Yeah.

DONNA
Josh?

JOSH
Yeah?

DONNA
You shouldn't feel uncomfortable about interviewing me.

JOSH
I met you. I talked to you. I hired you. You know anybody around here who
uses drugs?

DONNA
Yeah.

JOSH
You want to tell me who they are?

DONNA
No.

JOSH
Good for you. Consider yourself interviewed.

DONNA
You're a good boy, Josh.

JOSH
Donna, I've seen your records.

DONNA
I know.

JOSH
You need to learn that 'no parking' means no parking.

DONNA
The thing is sometimes I can't find a space.

JOSH
Go to work.

Donna goes to her desk. Josh goes inside his OFFICE. Mandy is sitting at
the table
beside the door.

MANDY
We have everyone take a drug test and be done with it.

JOSH
What makes you think that everyone here can pass a drug test?

MANDY
The ones who can't already know it and will quietly resign.

JOSH
[laughs] Oh, okay. Problem solved.

MANDY
What is wrong in this day and age with demonstrating that the White House
is drug free?
What is wrong with giving people that comfort?

JOSH
I would think that in this day and age, people would be more comfortable
knowing that they
will not now, nor will they ever be forced to turn over evidence against
themselves. And
please, do not try and paint your position as anything other than preservation
of a spotlight.

MANDY
This thing gets bungled, and we're not gonna have to struggle much to find
the spotlight.

JOSH
[pause] So what do you think's really going on here?

MANDY
I don't know.

JOSH
I don't know either.

MANDY
That's what makes me nervous.

JOSH
What do we do?

MANDY
It's time to talk to whoever it is you talk to.

JOSH
Yeah.

CUT TO: INT. BRIEFING ROOM - DAY
C.J. is doing the briefing. A reporter asks a question.

REPORTER
Is there any reason to believe that White House staffers regularly use
illegal drugs?

C.J.
For those who didn't understand me the first nine times, we are looking into
this.

REPORTER
C.J.?

STEVE
C.J., would you forgive a blunt question?

C.J.
These questions haven't been blunt yet?

STEVE
Do you use drugs?

C.J.
No, and you're forgiven.

CHRIS
It's been 24 hours since Congressman Lillienfield made his accusations,
C.J. When is the
White House...?

C.J.
We have 1300 people on the payroll, Chris. That's a lot of information to
gather, and
it's not like we were loaded with free time before. And let me just add that
as no one
and nothing here has been subpoenaed, and Mr. Lillienfield has offered
nothing to support
his very bizarre claim, we're not feeling the real need to get this done in
a hurry.

CHRIS
C.J., one more question...

C.J.
Thank you. That's all. [walks away, to a staffer] Set fire to the room. Do
it now.

The staffer laughs as C.J. walks out into the HALLWAY. C.J. does not see
Danny following her.

DANNY
How you doing?

C.J.
What do you want?

DANNY
It was a bit of a blunder back there.

C.J.
It was fine.

DANNY
You challenged Lillienfield to present evidence. He knows his cue when he
hears it.

C.J.
[looks around] I left my notebook somewhere.

DANNY
Also, did you really want to be the first person to use the word 'subpoena'?

C.J.
In the context?

DANNY
What the context was. It's the only word anybody's gonna read tomorrow.

C.J.
I really don't need your tips, Danny.

DANNY
As a matter of fact, you do, C.J. but that's not why I'm here.

C.J.
Why are you here?

DANNY
I'm here because there's a basketball team called the New York Knickerbockers
who are
playing in town tonight.

C.J. and Danny go back to THE BRIEFING ROOM. The reporters have left, and
it's now empty
and dark.

C.J.
I don't have time for a little basketball game!

DANNY
Neither do I. Which is why we I thought could watch it in your office while
I explain it
to you in a patronizing manner, 'cause I know it's something women usually
like.

C.J.
Thank you, anyway.

DANNY
You understand I'll talk slow and explain it the way any girl would
appreciate.

C.J. walks out. Josh has come in the room through the back door. Danny turns
around.

JOSH
Danny. You got a minute?

DANNY
Walk me to my car.

CUT TO: EXT. WASHINGTON D.C. - NIGHT
Josh and Danny are walking along a street.

DANNY
Josh, the information I get I have to print.

JOSH
Do you have any information?

DANNY
No.

JOSH
Would you tell me if you did?

DANNY
What kind of information?

JOSH
You know what kind of information.

DANNY
Hey.

JOSH
You know no one knows where I got it.

DANNY
You know in the highroad, I'm not supposed to hand out any information I get.

JOSH
You're right.

DANNY
You know I'm right. It's not my job to help you out. As a matter of fact,
I get fired
from my job for helping you out.

JOSH
I know that.

DANNY
Lillienfield's a jackass, but he's not stupid. He's talking. He's got
something.

JOSH
What?

DANNY
Whatever it is it's small potatoes. It's enough to get the rock rolling down
the mountain.

JOSH
What's he trying to hit?

DANNY
I don't know.

JOSH
Is it the nomination?

DANNY
That's what I thought too, but Harrison's gonna sail by no matter what.

JOSH
Nobody said it's Harrison.

DANNY
Yeah. Yeah. My point is this: He's not gonna waste it on a done deal. He's
after
something better.

JOSH
Okay. Thanks. [starts to walk the other way]

DANNY
Josh, it's one of those times, man. Don't screw this up.

JOSH
C.J. likes goldfish.

DANNY
What?

JOSH
She likes goldfish. Can't get enough of them.

DANNY
Thanks!

Josh walks away.

CUT TO: INT. THE OVAL OFFICE - NIGHT
Bartlet is holding some papers. Sam and Toby are with him.

BARTLET
Here's an interesting statement. [reads] 'I join Judge Black, insomuch as
while enjoying
my privacy, I am compelled to admit that government has a right to invade
it unless
specifically prohibited by some specific Constitutional provision.' Unquote.

SAM
Mr. President, this paper, is, in no uncertain terms, an argument of privacy
is not a
right guaranteed by the Constitution.

BARTLET
Why isn't this ever been brought up?

TOBY
It never came up, sir.

BARTLET
We spent two months vetting our homerun nominee, he doesn't believe in a
privacy guarantee,
and it never came up?

TOBY
It was simply never an issue in any order to be handed down, and if I may sir,
we don't
know for sure that he's the author of the document...

SAM
We do know.

TOBY
...If he is, I don't think we can necessarily hold a 55 year old man
responsible...

SAM
Toby?

TOBY
...for something he wrote when he's 26.

SAM
We're not gonna be able to hold him responsible if we put him on the bench. And
I promise
you, this issue's gonna come up!

BARTLET
[pause, sighs] When does Harrison get in?

SAM
Later tonight.

BARTLET
I want him first thing in the morning.

SAM
Yes sir.

BARTLET
When was the last time either of you slept, I don't care. Get ready for this.

TOBY
Yes sir.

SAM
Thank you, Mr. President.

TOBY
Thank you sir.

Toby and Sam leave.

CUT TO: INT. LEO'S OFFICE - NIGHT
Leo is meeting with a few people.

LEO
Seventeen billion isn't gonna fly. They're gonna say it's too much at thirteen
five.

The door to the Oval Office opens. Bartlet comes in. Everyone stands.

BARTLET
Excuse me.

LEO
Give us the room. [The people leave at an instant.]

BARTLET
I want to meet Mendoza.

LEO
Yes sir.

Bartlet walks back to the Oval Office.

CUT TO: INT. OUTER OVAL OFFICE - DAY
THURSDAY MORNING
Toby and Sam are waiting to be called inside the Oval Office. Mandy is with
them,
walking back and forth.

TOBY
Does Mendoza know why he's coming here?

MANDY
He thinks he's interviewing for a place in the President's Commission for
Hispanic
Opportunity.

TOBY
Is there such a thing as the president's...?

MANDY
It's the best I could do in short notice, Toby.

TOBY
Fine.

MANDY
I had to make a letterhead.

TOBY
That must have taxed your considerable creativity.

MANDY
Toby?

TOBY
Fine.

CUT TO: INT. THE OVAL OFFICE - DAY
Bartlet is inside with Judge PEYTON CABOT HARRISON III. Charlie is waiting
at the door.

BARTLET
Judge Harrison, first thing's first, are you the author of this unsigned note?

Bartlet gives several papers to Harrison, who looks it over.

HARRISON
[chuckles] Yes sir.

BARTLET
When I was 26, I wrote a paper supporting the deregulation of Far East trade
barriers.
Nearly got thrown out of the London School of Economics. I was young and
stupid, and
trying to make some noise.

HARRISON
Yes sir.

BARTLET
I'm gonna bring Toby Ziegler and Sam Seaborn in here and talk about this a
little bit.

HARRISON
That's fine sir.

BARTLET
Okay. Charlie, please?

CUT TO: INT. OUTER OVAL OFFICE - DAY
Toby, Mandy and Sam are still waiting. Josh appears behind them.

JOSH
Toby, you got a minute?

TOBY
They're about to call me in.

Josh and Toby go out into the HALLWAY.

JOSH
Privacy?

TOBY
I don't know.

JOSH
He doesn't acknowledge the protection?

TOBY
Hang on a second.

JOSH
When were you gonna tell me this?

TOBY
Number one: I don't report to you.

JOSH
Toby...

TOBY
Number two: He wrote the paper a quarter century ago.

JOSH
He hasn't changed his mind.

TOBY
We don't know whether he changed his mind or not.

JOSH
We don't care whether he changed his mind or not. You're painting a picture
for the president.

TOBY
The president can paint his own picture.

JOSH
Yeah, but he listens to you. [beat] When did we get the idea that Harrison
was our guy?
When we used to talk it was never Harrison.

CHARLIE
[walks up] Toby?

TOBY
Yeah?

CHARLIE
They're ready for you.

Charlie and Toby go inside. Josh walks the other way.

CUT TO: INT. LEO'S OFFICE - DAY
Leo is seated in a chair, reading. Margaret knocks and comes in.

MARGARET
Leo?

LEO
Yeah?

MARGARET
Josh was wondering if you had a moment.

LEO
Yeah.

Margaret leaves. Josh comes in.

JOSH
Leo.

LEO
Hey.

Josh closes the door.

LEO
I guess you're the guy with the worst job in the building this week, huh?

JOSH
[laughs] I was interrogating this intern from the Legislative Liaison's
Office, and
she broke down crying while telling me about the bong she had made out of
an eggplant.

LEO
You can do that?

JOSH
I used to use a potato.

LEO
You've always been industrious.

JOSH
[goes around and sits across Leo] Lillienfield's not after that kid in the
Liaison's
Office, and he's not even after the Senior Staff.

LEO
Yeah.

JOSH
Leo, you... know the worst kept secret in Washington... is that you're a
recovering
alcoholic, right?

LEO
I had a hunch.

They both chuckle.

JOSH
Leo, you're... Boston-Irish Catholic. Back there and back then, a drinking
problem
wasn't a problem. [beat] This isn't what he's after... Were you maybe into
something
that wasn't so acceptable?

LEO
[pause] Pills.

JOSH
Were you in treatment?

LEO
Sierra-Tucson. Six years ago.

JOSH
Leo...

LEO
Records kept by these facilities are confidential, Josh.

JOSH
[quietly] He's got 'em.

Leo is shocked. Josh grabs Leo by his jacket and pats him.

JOSH
You're Leo McGarry. You're not gonna be taken down by this... small fraction
of a man.
[stands and opens the door] I won't permit it.

Josh leaves and closes the door. Leo is still shocked.

FADE OUT.
END ACT THREE
* * *

ACT FOUR

FADE IN: INT. THE OVAL OFFICE - DAY
Bartlet and Harrison are now with Sam and Toby.

HARRISON
Judges are bound to interpret the Constitution within the strict parameters
of the text
itself. The Constitution doesn't provide for a right of privacy. The right
doesn't exist.

SAM
The third amendment says soldiers can't be quartered in private homes. The
fifth provides
protection against self-incrimination, and the fourth against unreasonable
searches.
You deny the right to privacy lived in those passages?

HARRISON
No. I do not deny it, but the fact that the framers enumerated those specific
protections is
all the more reason to believe that they had no intention of making privacy
a de facto right.

SAM
They just fought a revolution but they had no question of their freedom. The
Bill of Rights
wasn't meant to codify the most crucial of those rights not to limit the
others.

HARRISON
I do this for a living, Mr. Seaborn.

SAM
So do I, your honor.

BARTLET
Peyton, do I have the right to put on an ugly plaid jacket and a loud
polka-dot tie and
walk down Main Street?

HARRISON
Yes.

BARTLET
Where in the Constitution is that right guaranteed?

HARRISON
First Amendment. Freedom of expression.

BARTLET
What about the use of cream in my coffee? Surely, there can be no free speech
argument
to be made there?

HARRISON
No.

BARTLET
So you have no objection to the state of New Hampshire passing a law banning
use of cream
in coffee?

HARRISON
I would have strong objection, Mr. President, as I like cream as well,
but I would have no
Constitutional basis to strike down the law when you brought this case to
the Supreme Court.

BARTLET
As I lose the votes of coffee drinkers everywhere.

CUT TO: INT. C.J.'S OFFICE - DAY
C.J. is going over some newspapers. Danny comes in carrying a fishbowl,
with a goldfish
swimming inside.

DANNY
Hey.

C.J.
Hey.

DANNY
What you doing?

C.J.
You were right.

DANNY
I know.

C.J.
The word 'subpoena' appears in the lead in every story of this morning's
papers.

DANNY
I know.

C.J.
Not yours.

DANNY
That's just 'cause I couldn't spell it.

C.J.
What are you holding?

DANNY
It's a goldfish.

C.J.
Why?

DANNY
It's for you.

C.J.
Really?

DANNY
Josh said you liked goldfish.

C.J. suddenly bursts out in laughter. Danny is puzzled.

C.J.
[out of her laugh] The crackers, Danny. The cheese things that you have at
a party?

DANNY
Well... You know what, I'm not a hundred percent sure I'm supposed to know
that.

C.J.
The crackers, Danny.

DANNY
Fine. Now I got a goldfish.

C.J.
[laughs] Give it to me.

DANNY
No.

C.J.
No, you'll kill it.

DANNY
You think I can't take care of a goldfish?

C.J.
I absolutely do not. [takes the fishbowl from Danny]

DANNY
The name's Gail, by the way.

C.J.
The fish?

DANNY
Yeah.

C.J.
You named it Gail?

DANNY
No, the guy in the store.

C.J.
[laughs again] Oh... That's... Come here. [kisses Danny on the cheek] Thanks
for the fish.

DANNY
Keep your head in the game.

Danny leaves. C.J. looks at the goldfish in the table. She looks at the door,
and laughs
once more.

CUT TO: INT. THE OVAL OFFICE - DAY

SAM
In 1787, there was a sizable block of delegates who were initially opposed
to the
Bill of Rights. One member of the Georgia delegation had to stay by way of
opposition:
'If we list the set of rights, some fools in the future are going to claim
that people
are entitled only to those rights enumerated and no longer. The framers
knew...'

HARRISON
Were you just calling me a fool, Mr. Seaborn?

SAM
I wasn't calling you a fool, sir, the brand new state of Georgia was.

HARRISON
Gentlemen, laws must emanate from the Constitution.

TOBY
There are natural laws, judge.

HARRISON
I do not deny there are natural laws, Mr. Ziegler. I only deny that judges
are empowered
to enforce them.

TOBY
Then who will?

HARRISON
That's not up to me. And this sideshow is over. With all due respect,
Mr. President, I
find this kind of questioning very rude.

SAM
Well then, you're really gonna enjoy meeting the U.S. Senate.

HARRISON
Be that as it may, it's disgusting. We all know you need me as much as I
need you. I read
the same polling information you do. Seven to ten point bump, 90 votes,
unanimous out of
committee, I was courted. Now, you have me taken to school by some kid.

Sam reacts to the remark.

BARTLET
This Sam is young, drives me nuts too, but he took you off for a ride, sir,
because that's
what I told him to do.

HARRISON
I am an extremely well credentialed man, Mr. President, and I'm unaccustomed
to this sort
of questioning.

BARTLET
I understand, Peyton. Could you give us a little time, please? We'll make
you comfortable
while you're waiting.

HARRISON
Certainly.

BARTLET
Thank you.

Everyone stands as Harrison exits.

SAM
Put him on a bus.

TOBY
With a guaranteed confirmation we're sending out the door based on a
30-year-old paper,
which by the way, no one will know about but us.

BARTLET
You don't think the guy who called Sam wouldn't know how to call a senator's
office?

TOBY
Mr. President, if this is really about abortion, we already talked about...

SAM
It's not about abortion. It's about the next 20 years. Twenties and thirties,
it was
the role of government. Fifties and sixties, it was civil rights. The next
two decades,
it's gonna be privacy. I'm talking about the Internet. I'm talking about
cellphones.
I'm talking about health records, and who's gay and who's not. And moreover,
in a
country born on a will to be free, what could be more fundamental than this?

BARTLET
Toby?

TOBY
[beat] Let's meet Mendoza.

CUT TO: INT. JOSH'S OFFICE - DAY
Mandy knocks. Josh is inside looking out the window.

MANDY
They're meeting with Mendoza.

JOSH
Yeah.

MANDY
Yeah, and I'm just gonna go kill myself now.

JOSH
You think Mendoza would be a bad justice?

MANDY
I think Mendoza would make a great justice. I think he makes a lousy nominee.

JOSH
Why?

MANDY
He's ruled in favor of same sex marriages...

JOSH
He didn't rule in favor of it, Mandy. He's not recommending it. He's ruled
that the state
has no right to interfere with it.

MANDY
He's got the broadest possible interpretation for free speech.

JOSH
And listening to you sometimes, I honestly wish you'd narrow it, so...

MANDY
You don't have to tell me how to be a good person, Josh. I'm the one who
has to sell this.
And he is not exactly America's idea of Supreme Court justice.

JOSH
Mandy, I don't...

MANDY
Let's do a side-by-side comparison. [reads from piece of paper] Harrison
went to Walnut
Park Country Day, Phillips Exeter, and Princeton undergrad, and Harvard
Law. Mendoza
attended P.S. 138 in Brooklyn, City University of New York, and the New York
Police
Department. Harrison clerked for Warren Berger. Mendoza...

JOSH
[off of the top of his head] New York City Police Department '65 to '76,
Assistant
District Attorney Brooklyn '76 to '80, Assistant U.S. Attorney Eastern
District, Federal
District Judge, Eastern District -- Let me tell you something, Mendoza went
to Law School
the hard way. He got shot in the leg, and when they offered him a hundred
percent
dispensation, he took a desk job instead and went to law school at night. He's
brilliant,
decisive, compassionate, and experienced. And if you don't think that he's
America's
idea of a jurist, then you don't have enough faith in Americans.

MANDY
It's not Americans I don't have faith in, Josh. It's the White House Senior
Staff.

Josh scoffs.

MANDY
This is not gonna be an easy one, and if all hell breaks loose over
Lillienfield,
it could honestly cripple us for a year, maybe more.

JOSH
[sighs] Well, I mean, just the law of large numbers says We got to win one
one of
these days, right?

MANDY
Yeah.

JOSH
So let's make it a good one.

MANDY
I still hate you.

JOSH
Whatever.

CUT TO: INT. HALLWAY - DAY
Judge ROBERTO MENDOZA and two staffers are walking along the hallway. They
pass the
Communications Office. Margaret and Ed are at the door when the walk by.

ED
Who was that?

MARGARET
Roberto Mendoza.

CUT TO: INT. THE MURAL ROOM - DAY
Inside the closed room, Harrison is standing waiting. Charlie is seated at
the corner.

HARRISON
It's not necessary for you to stay here.

CHARLIE
The president asked me to stay with you in case you needed anything. I'd be
glad to stay
outside if you prefer.

HARRISON
Yes, please.

CHARLIE
Would you like anything?

HARRISON
Coffee, please.

CHARLIE
Yes sir. [about to head out]

HARRISON
You look very familiar. Is it possible we've met?

CHARLIE
I caddied for two summers at Sandy Hooks, sir.

HARRISON
Ah. Yes, of course.

CHARLIE
Charlie Young.

HARRISON
Charlie, of course.

CHARLIE
I'll get your coffee. [leaves and closes the door]

CUT TO: INT. THE OVAL OFFICE - DAY
Bartlet, Toby and Sam are now meeting with Mendoza.

BARTLET
I'm sure we're almost done. Sam, what else you got?

SAM
Judge Mendoza, I have a note that your rulings have been upheld by the Court
of Appeals
more than any other district judge in the country.

MENDOZA
Well, that's what comes by being right most of the time, I guess.

Bartlet laughs. Leo walks in.

BARTLET
You need me, Leo?

LEO
For just a moment, sir.

BARTLET
Would you excuse me?

MENDOZA
Certainly.

Bartlet and Leo walk into LEO'S OFFICE. Leo closes the door.

LEO
Mr. President...

BARTLET
What is it, Leo?

LEO
There's gonna be trouble.

BARTLET
Lillienfield?

LEO
Yes sir.

BARTLET
He knows?

LEO
We think so.

BARTLET
We?

LEO
Josh has it.

BARTLET
What does Josh say?

LEO
Get through it.

BARTLET
Josh is a smart guy.

LEO
No sir. Josh is a young guy.

BARTLET
We used to be too.

LEO
Mr. President...

BARTLET
Did you have a drink yesterday?

LEO
No sir.

BARTLET
Are you gonna have one today?

LEO
No sir.

BARTLET
That's all you ever have to say to me.

LEO
You know it's gonna make things very hard for a while.

BARTLET
You fought in a war, got me elected, and you run the country. I think we
all owe you
one, don't you?

CUT TO: INT. THE OVAL OFFICE - CONTINUOUS
Bartlet and Leo go back in. Charlie approaches Bartlet and whispers.

CHARLIE
Mr. President...

BARTLET
Did Harrison get off okay?

CHARLIE
Yes sir. There's a crowd building outside your office.

BARTLET
Why?

CHARLIE
I think word's gotten out what's going on in here, sir.

BARTLET
I'll bet it has. [turns to Sam] Do you have any more questions, Sam?

SAM
No sir.

TOBY
I have one, sir.

MENDOZA
Let me say that this is not an easy commission to get appointed to.

TOBY
Judge, without knowing details of special circumstance, what would you say
of someone
being fired from refusing to take a drug test at the order of the president?

MENDOZA
Without details of special circumstances?

TOBY
Yes sir.

MENDOZA
Without showing cause, I would say that the order constitutes an illegal
search, and
I would order that the employee be reinstated.

BARTLET
Toby?

TOBY
Sold.

BARTLET
Judge Mendoza, would it surprise you to learn that for the past few months,
your name
has been in the short list of candidates for the bench?

MENDOZA
Yes, Mr. President.

BARTLET
Well, then this is gonna knock your socks off. Tomorrow evening at 5 o'clock,
I am
naming you as my nominee to be the next associate justice of the United
States Supreme
Court. You were not the first choice, but you are the last one, and the
right one.
[beat] Will you accept the nomination?

MENDOZA
[beat] With honor.

BARTLET
Good.

Everyone stands.

BARTLET
Thank you. Sam and Toby will be in charge of your confirmation.

SAM
Congratulations, Judge.

MENDOZA
Thank you. [shake hands]

TOBY
It's gonna be an excruciating battle, Mr. Justice, one I have no intention
of losing.

BARTLET
What do you say, Leo? You up for a good fight?

LEO
I believe I have one in me, yes sir.

BARTLET
Good. Let the good fight begin.

CUT TO: INT. OUTER OVAL OFFICE - DAY
A large crowd is waiting just outside the Oval Office. Bartlet opens the door.

BARTLET
Mr. Justice Mendoza!

Mendoza walks out with Sam, Toby, and Leo. Staffers outside, including Josh,
Mandy,
C.J. and Donna are clapping. Mendoza shakes hands with C.J. and then Josh. He
makes
his way down the line of people with the staff following behind him, as
everyone
continues to clap for the nominee.

DISSOLVE TO: END TITLES.
FADE TO BLACK.
THE END
* * *

The West Wing and all its characters are properties of Aaron Sorkin, John
Wells
Production, Warner Brothers Television, and NBC. No copyright infringement
is intended.

Episode 1.9 -- 'The Short List'
Original Airdate: November 24, 1999, 9:00 PM EST

Transcript By: Giorgio
August 16, 2000

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