Five Votes Down - TWW S1E4

Original airdate: October 13, 1999

Teleplay by: Aaron Sorkin (4)
Story by: Lawrence O'Donnell Jr. & Patrick Caddell

Directed by: Michael Lehmann (1)

Synopsis

• A gun control bill the Bartlet administration desperately wants to pass in order to kick-start momentum stalls when five Democratic congressmen pull their support, causing Josh and Leo to twist arms and pull strings to try and get those votes back. Leo's marriage crumbles as his wife realizes his job comes first, and Leo also comes to a personal understanding with Vice President Hoynes. The staffers, especially Toby, deal with the fallout over financial disclosure reports. And don't forget the hilarious President Bartlet, loopy on his back pain meds! 

"We got what we deserved. It was hubris, and we got what we deserved."

Leo sums things up in two sentences, and hubris (as well as taking things for granted) indeed is the guiding force behind the events of Five Votes Down, another outstanding episode of The West Wing. All the main plot lines deal with the staffers going too far, disregarding warning signs and pressing ahead to win a particular point, without realizing their methods are going to cost them significantly in other areas.

This episode is heavy on the politics, the back-and-forth of getting laws passed and the horse-trading necessary in the process. It's not wonky in any way, really, but presented in a fast-paced yet easily followed manner. It's also kind of quaint, looking back from 2017 - it's a gun-control bill at stake here, something banning the sale of several types of weapons. Gun control doesn't even seem to be on the radar any more, as the Republicans and the NRA and the Supreme Court have pretty much sealed the deal with legislation in that direction. Instead, we're seeing moves in the other direction, towards more freedom to carry and the elimination of many gun and ammunition restrictions. So this particular bill is certainly a product of its time, and that sticks out a bit in our present.

The "sausage-making" details no doubt were provided in the story by Lawrence O'Donnell (a former legislative aide and committee staffer to Senator Patrick Moynihan, and yes, the same Lawrence O'Donnell you can see nightly on MSNBC) and Patrick Caddell (key aide in the Carter White House and pollster/strategist for Democratic presidential candidates between 1976 and 1992). But just as an example of the great entertainment value and skill from the entire cast and crew of The West Wing, check out the opening scene.

After President Bartlet's rip-roaring speech on the upcoming passage of an important gun-control bill - during which Leo and Josh discover the defection of five Democratic votes - there is one unbroken shot of the entire group making their way down flights of stairs and through the backside of the hotel to the waiting motorcade. Seriously, watch this. It's a thing of beauty, a nearly three-minute long single shot with all the major characters coming in and out delivering those Sorkin lines, as the camera operator films almost the entire thing walking backwards. Remember, one slip, one flubbed line, one wrong move by an extra, and you have to start from the beginning all over again. No doubt this was a long night of filming for the cast and crew. Plus we get this great shot of CJ looking calm:

Back to the story. The Bartlet team is desperate to get this bill through Congress and signed - it's been an implication throughout the first four episodes of the series that there hasn't been much of a honeymoon since the President took office about nine months ago, and the West Wing needs to get momentum going with some kind of significant win. Unfortunately, what they're trying to do (Josh in particular) is use the power of the White House to bully Democrats to support this bill, in order to enhance the power of the White House. It's kind of circular reasoning; if the Bartlet administration is lagging in approval ratings, what kind of muscle do they really have anyway?

Josh: "Sam, LBJ never would've taken this kind of crap from Democrats in Congress. He'd have said you're voting my way in exchange for which it is possible that I might remember your name, pal. We need to win. And I mean win. We need to take a curtain call and a victory lap, and that's how we get momentum. We get it by being tough and we give away nothing."

Josh puts the screws to Congressman Katzenmoyer of Wisconsin, telling him if he doesn't get back on board, the President will support a primary challenger to him next year. Katzenmoyer pleads that he only got 52 percent of the vote, and if the NRA comes down against him, he'll probably lose the seat to a Republican, but Josh is ruthless. Perhaps the windiness of the day has something to do with it.

(On a technical note, The West Wing would pack up cast and crew and go to DC a couple of times of year to get location shots that they would use throughout the season. I can't believe they were able to work very far ahead, though - Aaron Sorkin made it clear that by midseason he was barely getting scripts done in time to shoot them. But they weren't able to get location shots on a weekly basis, that's for sure.)

He then twists the arm of Christopher Wick, who won his seat thanks to Josh (it appears perhaps they might have been college friends?). Wick says he's standing up against the President just to get some attention, and it's working. All he wants is a round of golf or a game of chess with Bartlet, with some photographers on hand to record it all. (Another cinematographic trademark of The West Wing here - the camera spinning around Josh and Wick as Josh gets right after his old friend.)

The staffers all believe Rep. Tillinghouse of Texas is key to get back in the fold, and encourage Leo to go to Vice President Hoynes (also a Texan) to make it happen. If you recall from "Post Hoc, Ergo Propter Hoc", Leo just lectured Hoynes about who's in charge,and he made it clear it's not the VP. The last thing he wants to do is swallow his pride and ask Hoynes for a favor. So instead, Leo goes to Congressman Mark Richardson, a leader of the Congressional Black Caucus, and makes a serious tactical error by appealing to his sense of outrage about the gun deaths of African-Americans. Richardson believes the bill doesn't go nearly far enough to stop dangerous firearms, and rips into Leo for his playing of the race card.

Richardson (to Leo): "You write a law that can save some lives, I'll sign it. In the meantime, please don't tell me how to be a leader of black men. You look like an idiot."

Leo also has to deal with a personal crisis. Hashing things over with the staffers after the speech, he doesn't leave the White House until 2 am. This proves rather unfortunate, as he arrives home only to be reminded that he just forgot his wedding anniversary. His wife Jenny tries to deal the best she can, but Leo eventually comes clean with the fact that his job and this administration come first, ahead of his marriage.

Leo: "This is the most important thing I'll ever do, Jenny. I have to do it well."

Jenny: "It's not more important than your marriage."

Leo: "It is more important than my marriage right now. These few years while I'm doing this, yes, it's more important than my marriage." 

Toby's situation is played more light-heartedly, but if you really think about it, the poor guy takes a big hit in his wallet. It's financial disclosure time, where federal employees report the gifts and outside compensation they have received (Josh gets a lot of flak for an $1189 smoking jacket and a $345 cigarette holder, both from a female admirer). Toby bought $5000 of one tech stock about a year prior, which has now jumped to $125,000 in value (oh, yes, this was the era of the rocketing internet stocks, like Pets.com and so many others - in real life, this bubble was about to burst). The problem, however, is that most of this increase came immediately after Toby arranged for a friend of his to testify in front of a congressional committee about the future of internet stocks, which gives the impression that Toby set the whole thing up just to manipulate the price of the stock he bought. That's not the case, he claims (and it doesn't really seem like the show is implying he's done anything illegal), although it's never quite made clear exactly why Toby needed to arrange for this professor's testimony. Anyway, his hubris is thinking he doesn't need to worry about appearances. It's made clear that he does need to worry, though.

How does all this hubris end up? Well, Leo's marriage crashes, as his wife moves out. He also has to give in and go to Hoynes, who talks to Tillinghouse and brings him around to help pass the bill, based on the fact that a favor now will mean something when Hoynes becomes President - a move designed to set up Hoynes' next run for office in 8 (or is it 4?) years. And Sam's solution to Toby's problem has Toby reducing his salary to $1 for the next year, while selling off his stock - sure, it's $125,000 worth, but selling it all off at once is going to mean a huge capital gains tax hit ... so Toby, as he puts it, "just got screwed with my pants on."

There's quite a realization by the entire staff at the end of the episode that, while they got what thought they wanted in passage of HR 802, they didn't get what they really wanted - a landmark White House win to jump-start the Bartlet agenda. Instead, Hoynes is getting the lion's share of the credit for the bill's passage, both from the media and from the congressmen who were pushed around by Josh and Leo. Josh goes to Hoynes to congratulate him on the maneuvering, whereupon Hoynes tells him, "Welcome to the NFL." Leo has to come to grips with putting his job ahead of his personal life. And Toby - well, Toby will just have to keep his 1993 Dodge Dart and the 23 bucks in his pocket a little longer.

We also get an important insight into Leo. When he goes to see Hoynes, right after his wife has moved out, the Vice President can see something is up with Leo. Hoynes is incredibly supportive and helpful, quickly offering to go to Tillinghouse (having his own motives, as we will see) - but then sees through Leo's facade and asks about when he'd last been to an AA meeting. This is obviously not public knowledge - Leo makes the point that he can't go to any old meeting, given his sensitive position - so how exactly did Hoynes know? Well, the fact that Hoynes hosts his own weekly AA meetings also comes as a surprise to Leo, and maybe Hoynes is just able to identify a fellow alcoholic in his dark time. Or maybe it was the way Leo gratefully gulped the ice water Hoynes offered. At the very close of the episode, we see Leo making his way to the basement of the Old Executive Office Building to take part in the "card game."

Let's not miss the fact that we're treated to a scene of near slapstick in the Oval Office, in what's the funniest moment so far in this season of The West Wing. In the opening scene (Monday night), it's established President Bartlet has back pain issues that he takes medicine for, and Charlie is urging the pills onto him at the direction of the First Lady - causing the President to say "Those damn things make me goofy." (Chekov's pain pills, anyone?) On Wednesday morning, Leo informs the senior staff that the President is taking the morning off because of his back pain ... yet Jed shows up anyway, loopy on two kinds of painkillers, and turns a serious discussion about what to do with Toby's ethics issue into hilarity.

Leo: "Which did you take, sir, the Vicodin or the Percocet?"

President: "I wasn't supposed to take them both?" 

 Take a look at the reaction of the staff as the President makes his way into the Oval Office:

And here, after the President calls Sam "Toby," correcting his mistake with a hug:

And finally, after professing his love for everyone in the room and blessing Sam's idea that will cost Toby dearly financially, a hug for Toby as well:

Everybody, especially Martin Sheen, is spot-on in this scene, and it's just hilarious. Don't forget the way the scene ends:

President: "Before I go, please, let me just say this ... (sigh) ... I'm seriously thinking about getting a dog."

Leo: "Well, feel better, Mr. President."

President: "Maybe an Irish setter, Charlie, what do you think?" 

Some random things:

- There are phone booths in the background of the laundry area of the hotel after the speech. Sure, we still had phone booths in 1999, but it seems odd now.

- Another minor example of hubris: as the staffers are eating Chinese after the big speech, trying to figure out which representatives have bailed on 802 and how to deal with the perception, Mandy hits on using the financial disclosure releases to distract from the political fallout. The idea is none of them are financially well-off, so this will get the public on their side. Then Josh and Toby have disclosures that kind of go against that ...

- There's Carol! Apparently an assistant to Toby, as she drops by to give him a bit of information. The assistant's roles are still in flux (I think this is the first episode we don't see Kathy as Sam's assistant).

- John Spencer is heartbreaking as his wife moves out. "Call me before you go to sleep" - crushing.

- I've got to figure out the timing of all this: we know Mandy and Josh had a thing during the campaign. The campaign was over the previous November, when Bartlet won the election. Mandy mentions Josh's gifts from Sarah Wissinger came on July 3, and she broke up with Josh on July 9. That must mean July 9 of 1998, during the campaign - if they hadn't broken up until this year, that means they were still an item well after Bartlet took office, which really wouldn't make sense given the events of the first three episodes. But that would mean these financial disclosures were covering over a year, since this is the fall of 1999 and we're talking July 1998 ...

- Leo tells Jenny he's "five votes down" in the scene where she's walking out. By that time, they're only one vote down, as they've gotten Katzenmoyer, O'Bannon, LeBrandt and Wick back on board. Only Tillinghouse is left, and as Jenny mentions, Leo has a meeting set up with Hoynes later that evening to have him deal with Tillinghouse.

- Hoynes' AA meetings are pretty high-powered: three Senators, two Cabinet secretaries, a federal judge, two agency directors, and the Vice President. Plus a Secret Service agent guarding the door.

- This is one of two episodes submitted for Richard Schiff's Emmy win in 2000, along with In Excelsis Deo.

- Product placement in this episode: Harry Winston jewelers (with the pearl choker for Jenny); Dom (Perignon) and Cristal champagne; Pepsi and Diet Coke cans on the table with Chinese food (although mocked up with generic "Cola" markings, the Pepsi logo is clearly visible); a Dunkin Donuts box and Krispy Kreme cup in the press briefing room; Jed wears a Notre Dame sweatshirt made by Starter.

Quotes 

Girls: "We love you, Josh!"

Josh: "Thanks."

CJ: "It helps not to know him."

-----

CJ: "What's up?"

Josh: "I want you to look calm while I'm telling you this."

CJ: "Telling me what?"

Josh: "We lost five."

CJ: "What do you mean?"

Josh: "802 - Five votes jumped the fence."

CJ: (shocked) "Are you kidding me?!"

Josh: "Nice job looking calm." 

----- 

Josh (to Katzenmoyer): "President Bartlet's a good man. He's got a good heart. He doesn't hold a grudge. That's what he pays me for."

Donna: "Congressman Wick is waiting in the Mural Room."

Josh: "I know."

Donna: "He's been waiting for 20 minutes."

Josh: "I know."

Donna: "You have a legislative liaison meeting in 15 minutes."

Josh: "I know."

Donna: "And then the East Asia briefing."

Josh: "I know."

Donna: "All right, well, then this entire conversation served only as a reminder."

Josh: "Actually, it only served as a colossal waste of time and energy. Keep up the good work."

-----

Mandy: "Let's start at the bottom."

Sam: "What do you mean?"

Mandy: "There's always resignation."

President: "Hot damn, now you're talking!"

Toby: "I think she meant me, Mr. President."

President: "Ah." 

Story threads, callbacks, and familiar faces (Hey, it's that guy!)

• Jillian Armenante (Fresh Off The Boat, Judging Amy, many others) as Leela, Toby's attorney friend going over the financial disclosure stuff. 

• Mark Blum (NYPD Blue, Law & Order, Union Bob in Mozart In The Jungle, many others) as Congressman Katzenmoyer.

• We will find out later on that Josh actually worked with Hoynes for a while in his Presidential campaign. There's no real indication of that when Josh goes to see the Vice President after the vote here, and Hoynes' "Welcome to the NFL" line actually kind of works against the notion that Hoynes values Josh's work.
• Leo's house has changed in just a few weeks. Here is his house from Pilot: 

           And here is his house in this episode:

• Josh also compares the weak gun control bill to fighting tobacco by regulating the color of matchbook covers. Josh is going to take the lead in an anti-big tobacco charge down the road.
• For the first time we see President Bartlet in a Notre Dame sweatshirt. One of Martin Sheen's requirements for taking the role was that Jed had to be an ND alum.
• Look, it's newsman Ivan Allen again! I thought he was on CNN last week in A Proportional Response, but looking back it was the same as this week - something called "CND." (Cable News ... Dossier? Department? Destination? CND really makes no sense as a network name.)

• Hoynes' rather coy comment to Tillinghouse - "One day I'm going to be President, and you're not" - does that indicate some foreknowledge by Hoynes of Bartlet's future plans, which we're going to discover later this season? Or is he simply making the groundwork for a run in eight years? I suppose you can look at it either way.
• An internal thread: While Sam and Josh are enjoying beers at the post-speech strategy session/Chinese food bash, Leo asks Sam to "slide me a soda." Later, when he's having Margaret order gifts for his wife, he gives her two choices for champagne. She asks which one he likes and he replies "I don't drink champagne." A couple of subtle comments that are revealing when Hoynes asks him when his last AA meeting was.
• Josh's "fan club" is mentioned by CJ, then a group of young ladies call out to Josh as the group exits the hotel after the President's speech. We saw two female college students come up to Josh in the diner with Mandy in Pilot, and this notion of his appeal to the ladies will come up again.
• In his speech President Bartlet mentions having a "civil procedure professor." That's typically a class one would take in law school - but remember, Jed is a world-class economist, not a lawyer. When would he have taken a civil procedure class?
• It's only episode 4, and already Sorkin is taking a good-natured poke at his "walking and talking" scenes. Sam and Josh come out of the Oval Office and stroll through the West Wing, talking about deal making and Josh's financial disclosures, only to end with:

Sam: "Where are you going?"

Josh: "Where're you going?"

Sam: "I was following you."

Josh: "I was following you. (beat) All right. Don't tell anyone this happened."