THE WEST WING
5x11 - “THE BENIGN PREROGATIVE”
WRITTEN BY CAROL FLINT
DIRECTED BY CHRISTOPHER MISIANO
Transcribed by Walking, Talking, And Yelling At Clouds
(kegofglory.blogspot.com)
TEASER
FADE IN: INT. - WHITE HOUSE CORRIDOR - NIGHT
JANUARY 20TH
Someone walks down the hallway outside the Communications bullpen carrying a bouquet of flowers. We hear a wolf-whistle as the camera pans to TOBY and CJ approaching. CJ is wearing a red dress.
TOBY
Now I remember why I love this night.
CJ
You love this night because in two hours you’ll have a sour mash in hand and nothing to re-write.
TOBY
Ha. The press conference was a hit.
CJ
The President did well this morning.
TOBY
Are they ranting on cable about that liberal pantywaist gone soft on crime?
CJ
What we expected.
RINA rushes up to meet CJ and TOBY, tucking a package of gum into TOBY’S shirt pocket.
TOBY
What?
RINA
Extra gum. For your big night. It’s okay. We all get oral when we’re nervous.
RINA walks away. CJ and TOBY look at each other.
CJ
You heading over to pace on the Hill?
TOBY
After I finish pacing here.
TOBY walks away as CJ goes into her office. She speaks to CAROL, who is on the phone.
CJ
Did the special guests arrive?
CAROL holds up a finger as CJ goes behind her desk. CAROL hangs up and stands in CJ’S doorway.
CAROL
It’s Gentle Ben, on hold.
CJ
You put him on hold?
CAROL
That’s what you told me to do!
CAROL walks away. We see DONNA coming down the hallway.
CJ
Carol, maybe you ought to -
DONNA
CJ.
CJ
Donna, my darling, would you pick up line one and tell this guy you can’t find me -
CJ stops and looks at DONNA, who appears stricken as she stands in her office.
CJ
What’s wrong?
DONNA stands silent.
CUT TO: INT. - WHITE HOUSE CORRIDOR – NIGHT
CJ, TOBY, JOSH and DONNA are walking with purpose.
TOBY
Leo won’t want to tell him before the State of the Union, it might throw him off his game. And it doesn’t change anything.
CJ
You want him hit with it leaving the podium?
TOBY
One hour. Guy couldn’t wait one hour.
DONNA
My God, Toby.
TOBY
Yeah, uh … you’re right. Sorry.
They stop outside LEO’S office. CJ speaks to MARGARET, standing behind LEO’S desk.
CJ
Has – he hasn’t left, has he?
MARGARET
They’re having tea.
WILL enters LEO’S office.
WILL
You heard?
CJ
It hit the wires?
WILL
I got a call. Does the President know?
CUT TO: INT. - OUTER OVAL OFFICE – NIGHT
CHARLIE is looking over binders. MEESHELL ANDERS walks up behind him.
MESHELL
Charlie?
CHARLIE
Ms. Anders?
MESHELL
Ms.? You sorry son of a -
MESHELL slaps CHARLIE, just as PRESIDENT BARTLET walks out of the OVAL OFFICE carrying a cup of tea.
BARTLET
Charlie, are we -?
BARTLET stops and stands still. CHARLIE and MEESHELL stand nervously.
BARTLET
I beg your pardon.
CHARLIE
Mr. President, may I have a moment?
BARTLET nods and goes back into the OVAL OFFICE, closing the door. CHARLIE turns and looks at MEESHELL.
SMASH CUT TO: MAIN TITLES.
END TEASER.
***
ACT ONE
FADE IN: INT. - OUTER OVAL OFFICE – NIGHT
We are back at the end of the TEASER, as the OVAL OFFICE door closes behind BARTLET.
MEESHELL (whispers)
Oh my God.
CHARLIE
Yeah.
MEESHELL
I am so sor- What did I just do?
CHARLIE
We can’t do this. He’s got a speech. Maybe you’ve heard of it? Any minute we could get the word and he goes.
MEESHELL
I have never hit anyone, not since my kid brother -
CHARLIE
You’re a natural, then.
MEESHELL
You deserved it.
CHARLIE
We can’t do this now.
MEESHELL
I shouldn’t have come.
CHARLIE
How did you even get in?
MEESHELL
What, without you to wave me in?
CHARLIE
I really can’t do this.
MEESHELL
So a one-night thing would’ve worked better for you?
CHARLIE
I know three weeks was too long.
A Secret Service agent, DONNIE, speaks from offscreen.
DONNIE (voiceover)
Charlie? They’re ready.
CHARLIE and MEESHELL look at each other a moment, then MEESHELL exits.
CUT TO: INT. - ANGELA BLAKE’S HOME – NIGHT
THREE WEEKS EARLIER
NEW YEAR’S EVE
A party is going on. CHARLIE walks up to ANGELA in the kitchen, putting on his coat.
ANGELA
Hey.
CHARLIE
Thanks for having me.
ANGELA
Are you sneaking out? Gonna breakdance at 3:00.
CHARLIE
Happy New Year.
CHARLIE walks away from the kitchen. A group of young people are just arriving, including MEESHELL and two young men. They are having some kind of political discussion.
MAN ONE
Look, I’m not proud, I’ll take my rights on the installment plan.
MAN TWO
A voting delegate for the District?
MAN ONE
Well, they can give Utah their own chamber for all I care.
MEESHELL
Yeah, but if we accept a specially created House seat it could be an obstacle to DC statehood.
CHARLIE is walking by the group, and speaks over MEESHELL’S shoulder.
CHARLIE
I wouldn’t lose any sleep over it.
MAN ONE
I disagree. A seat for us, balanced by one for Mormon missionaries …
MEESHELL
Got that something-for-everyone feel.
MAN ONE
And it’s coming from Congressman Drake.
CHARLIE
Drake didn’t propose a bill, he floated a notion. Probably because he took heat over sponsoring DC vouchers.
MEESHELL
So you think it’s just talk?
CHARLIE
Folks in the District are no closer to getting the vote than our ancestors were.
MEESHELL
Can I quote you on that?
CHARLIE
You’re a reporter?
MEESHELL
Wannabe. I’m an intern at The Afro-American. Meeshell Anders.
CHARLIE
I read the Afro – every time I’m in a barber shop.
MEESHELL
Well, that’s our market penetration.
CHARLIE
I can’t really give you that for attribution, Meeshell. But if you want to say “White House staffer” …
CHARLIE hands his card to MEESHELL. We can see it reads CHARLES YOUNG, THE WHITE HOUSE.
CUT TO: INT. - CJ’S OFFICE – DAY
JANUARY 6TH
The camera slowly pushes in down the hall towards CJ’S office doorway.
CJ
Am I mad at you?
CAROL
It’s not my question, it’s Ben’s.
CJ
Ben?
CAROL
Of the husky voice, no last name, and the 907 area code?
CJ
Oh.
CAROL
He said you never return his calls, and are you mad at him?
CJ
What’d you say?
CAROL
That you’d have to get back.
CJ sees TOBY walking past and dashes out to walk with him.
CJ
Toby! Great draft, Shakespeare.
TOBY
Oh, thanks.
CJ
Really, you nailed it. State of the Union’s finished.
TOBY
Okay.
CJ
What are you gonna do the next two weeks? Dot the I’s …
TOBY
I’ve got pollsters waiting.
CJ
They tested this draft?
TOBY
That’s their job.
CJ
I’m sure they’re gonna love it.
CJ walks away.
CUT TO: INT. - JOSH’S OFFICE – DAY
JOSH is talking to DONNA.
JOSH
Really? Joey Lucas stopped by?
DONNA
She was sorry you weren’t in yet. Nice suit.
JOSH
Was it a heads-up, pre-meeting kind of stopping by, or a long-time-no-see kind of stopping by?
DONNA
You know, I couldn’t tell.
JOSH
How’d she look?
DONNA
Great.
They begin walking down the corridor.
JOSH
I heard she was seeing someone.
DONNA
Yeah, I think she is.
JOSH
Did she say she was seeing someone?
DONNA
No.
JOSH
So who knows? Maybe the time is ripe.
DONNA
Maybe not so much.
JOSH
That’s not very supportive. Here at the start of a new year, with clean slates, broad horizons, and anything’s possible -
JOEY LUCAS and her interpreter, KENNY, enter through a door behind JOSH and DONNA.
JOEY
Josh!
JOSH turns to see her. JOEY is very pregnant. She taps her belly. JOSH reacts with exaggerated surprise, his mouth wide open.
CUT TO: INT. - LEO’S OFFICE – DAY
LEO is behind his desk. TOBY and JOSH are sitting in chairs, with JOEY and KENNY on the sofa. KENNY is speaking as JOEY signs.
JOEY (through KENNY)
… and with women, the draft scored even higher. You can see spikes in all your policy priorities. In the 80 percentile in education and job retraining.
JOSH
Where’s the “room to improve” addendum?
JOEY
There isn’t any.
JOEY (through KENNY)
We’ve never seen this before, but two weeks out, it looks like you’ve locked your State of the Union message.
LEO
Well, that’s impressive, Toby.
TOBY (standing)
Come on, the section on anti-terrorism, uh …
JOEY (through KENNY)
It didn’t make people sing “Oh, What A Beautiful Morning,” but -
JOEY gestures toward JOSH and TOBY.
KENNY
She wants you to know that she actually sang that.
TOBY smiles.
JOEY (through KENNY)
But it was well within the “interested” range. We’ll put it out to mall tests next week, get feedback on the key paragraph.
TOBY
Yeah, because we haven’t really found that yet.
JOEY (through KENNY)
It’s not the writing that we’ll examine. Mall tests are about tone, how the President should deliver the speech. We’ll hire a spokesman.
TOBY
An actor?
JOEY (through KENNY)
Not a known actor.
TOBY
Oh, that’s better.
JOEY (through KENNY)
Purchase intent can vary dramatically -
TOBY
Purchase intent? What are we doing, selling corn flakes?
JOEY holds up her hands.
JOEY (through KENNY)
Come out and watch.
LEO
Good idea, Toby. It doesn’t sound like you have anything else to do.
LEO exits.
CUT TO: INT. - WHITE HOUSE CORRIDOR – DAY
LEO walks out of his office and meets ANGELA.
ANGELA
The Freeway Alert bill is on a fast track. The Senate may have something for the President to sign before they recess.
LEO
Grants to track kidnappers? I think the President would welcome that on his desk.
ANGELA
Yeah, well, there’s an amendment.
CUT TO: INT. - COMMUNICATIONS BULLPEN – NIGHT
JANUARY 8TH
The camera pushes in through the bullpen toward TOBY’S office. MARGARET is in the office talking to TOBY.
MARGARET
All your plane tickets are e-tickets, your flights are all confirmed - Buffalo, Grand Rapids, Bradenton – Joey Lucas will meet you at the Michigan Mall, your research assistant has the latest itinerary.
TOBY walks out of his office carrying luggage, MARGARET follows.
TOBY
Then why tell me?
MARGARET
I wasn’t sure she – She’s … new. This position is kind of a jump for her.
TOBY
She compiled clippings at Energy.
MARGARET
I know Leo’s been pressuring you to hire someone and I heard she was helpful during the shutdown, but -
TOBY
I thought I’d give her a shot.
TOBY and MARGARET arrive at the foyer entrance to the West Wing, where RINA is waiting.
MARGARET (whispering)
Just know if she doesn’t work out -
RINA
Cab’s here, Mr. Ziegler. Ready for blastoff?
TOBY
Uh-huh.
TOBY heads out the door with RINA.
MARGARET
Have a good trip.
CUT TO: INT. - OUTER OVAL OFFICE – NIGHT
CHARLIE is reading a copy of The Washington Afro-American. ANGELA comes in the doorway.
ANGELA
Can she write as well as she slow-dances?
CHARLIE
Leo and Josh are already in there.
ANGELA
You always move in so fast, or is she special?
CHARLIE
Not that it’s any of your business, but we hit it off.
ANGELA
And you can find time for a love life?
CHARLIE
I did have to cancel on her Sunday. An attempted coup in Riyadh.
ANGELA
Excuses, excuses.
CHARLIE
Tonight, I thought I was home free with the President at the opera, but he bailed at intermission, and now you’re here.
ANGELA
Don’t cancel. Go late. A demanding job is a strong aphrodisiac.
CHARLIE
Are you the Devil?
ANGELA
It’s folks who act like angels I worry about.
ANGELA heads into the Oval Office.
CUT TO: INT. - OVAL OFFICE – NIGHT
LEO and JOSH are sitting in the OVAL OFFICE as ANGELA enters.
ANGELA
It arrived?
LEO
It did.
ANGELA
Hicks’ amendment wasn’t written in disappearing ink?
JOSH
Unfortunately.
LEO
He can sign this. The body of the bill is right-on. Helps communities mobilize when a child is abducted.
JOSH
But, the amendment isn’t limited to kidnapping. It toughens federal sentencing guidelines for all offenses.
ANGELA
No Congressman ever lost re-election for looking tough on crime.
JOSH
Any President who vetoes a crime bill risks becoming the Pillsbury Doughboy.
ANGELA
Well, at least he’s got ten working days to decide. If he does veto, it can wait until after the State of the Union.
A door opens from the Portico and PRESIDENT BARTLET and ABBEY enter.
LEO
Mr. President, Abbey. Turandot wasn’t all you hoped for.
BARTLET
Yeah, I’m becoming a cultural wimp, can’t even sit through Puccini without banking a good night’s sleep.
ABBEY
You certainly haven’t done that lately.
BARTLET
So, Congress launched another assault on judicial discretion?
LEO
I think they were aiming at kidnappers.
BARTLET
And slipped in the amendment hoping we wouldn’t notice.
JOSH
Indiana’s in a budget crunch. They had to mothball a new state prison. Hicks’d probably like to reassure voters that the Federal Bureau of Prisons will take up the slack.
BARTLET
This is what we were talking about, I should’ve issued those pardons.
ABBEY
You found a few things on your plate.
BARTLET
Congress doesn’t know I’m serious about these draconian sentences.
LEO
Sir, I don’t think issuing pardons would have stopped Congress.
ABBEY
No, they’ve been at it for thirty years.
BARTLET
Yeah, war on drugs, war on crime, somehow it turned into a war on judges.
ABBEY
Apparently we no longer need subtle minds on the bench. Is Counsel even working on a list of pardons?
JOSH
Of course. That’s ongoing.
BARTLET
But never gets done. Let’s talk to Justice, get back into it.
LEO
Yes, sir.
LEO exchanges a look with JOSH.
LEO
Of course, with the run-up to the State of the Union, this isn’t the best time. We need to stay focused.
BARTLET
Yeah.
LEO
The fallout over Gabriel Lessieur alone would be -
ANGELA
Someone wants to pardon Gabriel Lessieur?
ABBEY
I think Lessieur’s case merits consideration.
ANGELA
Sorry, ma’am.
BARTLET
Not as sorry as you’ll be if she gets started on what the FBI did or didn’t do on that Indian reservation in 1977.
LEO
Sir – you know I’m only concerned with timing. This bill isn’t perfect. But you sign it now, you arrive for the State of the Union in a spirit of renewed cooperation.
BARTLET
Something to sleep on.
ABBEY
Speaking euphemistically.
BARTLET
There’s always hope. Good night, all.
EVERYONE
Good night, sir, good night, Abbey.
BARTLET and ABBEY head out the Portico door.
BARTLET (calling out as he heads out the door)
Good night, Charlie, go home.
JOSH
Could there be a worse time to consider pardons?
LEO
I don’t want him distracted.
JOSH
Should I drag my feet?
LEO
How about you don’t break your neck.
ANGELA
Is that how it usually works, the First Lady tees him up?
JOSH
Honestly, I’ve never seen her weigh in like that, not on policy.
ANGELA
You missed her homecoming.
LEO
Okay. Enough.
ANGELA
But is this their dynamic?
JOSH
It’s new to me. Leo?
LEO
He’s sleeping on it, that’s all I heard.
LEO exits into his office.
FADE OUT.
END ACT ONE.
* * *
ACT TWO
FADE IN: INT. - WEST WING FOYER – DAY
JANUARY 10TH
CJ and JOSH walk past the camera and continue towards the offices.
CJ
Where’s this coming from?
JOSH
You gotta put a damper on it.
CJ
The President is not considering pardons at this time?
JOSH
Right.
CJ
He’s not considering a commutation of tribal leader Gabriel Lessieur convicted in the deaths of two FBI agents in North Dakota?
JOSH
No.
CJ
He’s not considering clemency for a former Republican governor indicted for fraud and recently diagnosed with liver cancer?
JOSH
No.
CJ
Why does everyone in my press room think he is?
JOSH
Maybe because we called the assistant AG in charge of clemencies and asked the pardon attorney from Justice to meet with the Counsel’s office today.
CJ
So, how about, ‘the ongoing process of reviewing petitions is proceeding but the President is not considering pardons at this time.’
JOSH
That works.
CUT TO: INT. - DONNA’S DESK – DAY
DONNA lifts a comically large stack of papers off her desk and gingerly carries them into JOSH’S OFFICE. As she places them on JOSH’S desk, JOSH enters.
JOSH
What’s all this?
DONNA
Counsel’s office sent these over. The case files for today’s meeting with the pardon attorney.
JOSH
I didn’t think there’d be so many.
DONNA
There are only 36, but they aren’t short stories. Each file has the original trial record, a petition by the prisoner, the Bureau of Prison’s recommendation, the DOJ recommendation, White House Counsel’s preliminary report -
JOSH
Don’t leave them here.
DONNA
They said you wanted to take a look.
JOSH
I said we wanted to take a look, and when I said we -
DONNA
You meant me.
JOSH
I’ll help you -
DONNA
Thanks.
JOSH
- move them.
JOSH picks up part of the stack of papers and walks out, followed by DONNA carrying the rest.
DONNA
Right.
JOSH
You need a space where you can spread out. We need to be familiar with the specifics of each of these petitions.
DONNA
And when you say we …
JOSH
That’s the spirit.
CUT TO: INT. - LARGE ROOM WITH CUBICLES AND COMPUTER MONITORS – DAY
GRAND RAPIDS MALL
KENNY is translating for JOEY as TOBY and RINA listen.
JOEY (through KENNY)
Each participant is paid $10 to answer a battery of questions and then listen to one of three versions of the speech. In booth A, we have execution one.
KENNY sits and starts playing a video on the monitor. We see an actor delivering a speech.
ACTOR (onscreen, speaking in a gentle, friendly tone)
… and we know that the hard work of forming this more perfect union, belongs to us all. The state of our union is strong …
JOEY (through KENNY)
Booth two is version B.
KENNY starts playing a new video. We see the same actor, now a bit more forceful, but still with a smile.
ACTOR (onscreen)
The state of our union is strong. With courage, with faith in our democratic foundation, and the human spirit it fosters …
JOEY (through KENNY)
And booth three.
KENNY clicks a mouse. The actor appears again, with a much firmer delivery punctuated by hand movements.
ACTOR (onscreen)
… that the hard work of forming this more perfect union belongs to us all. The state of our union …
TOBY
So which one are they gonna go for, the Amana fridge, Samsonite luggage, or door number three?
JOEY (through KENNY)
Most of my political clients are reassured to know that these tests work in sales.
TOBY
What about your commercial clients?
JOEY (through KENNY)
They like knowing they work in politics.
RINA
It’s gotta be version B. It’s strong but not mean. That’s the one, right?
JOEY (through KENNY)
It is. B’s showing a significant 26 percent movement in purchase intent.
TOBY
I need some coffee.
RINA
I’ll get it.
TOBY
No. I’d rather, thank you.
RINA
Okay, well, uh, don’t forget we’re a left turn at the Mrs. Fields.
TOBY looks back as he heads down the hallway.
CUT TO: INT. - OUTER OVAL OFFICE – DAY
CHARLIE is on the phone with MEESHELL.
CHARLIE
It’s usually slow on weekends, we’ll get takeout. And I’ll give you a tour, if that sounds okay.
MEESHELL (through phone)
Okay.
CHARLIE
E-mail me your date of birth and Social so I can wave you in. I’ll call you later?
CHARLIE hangs up as WILL enters.
WILL
Charlie, any chance of getting five minutes for a meet-and-greet next Friday?
CHARLIE
Friday?
WILL
The Vice President is in Atlanta and the Kaehlers are coming to town unexpectedly.
CHARLIE
They are … ?
WILL
Robert and Jean Kaehler, WestCo Mining, one of our most generous contributors west of the Rockies.
CHARLIE
I’ll see what I can do.
WILL
Thanks.
WILL starts to leave.
CHARLIE
Don’t promise them.
CUT TO: INT. - OVAL OFFICE – DAY
LEO enters.
LEO
Yes, sir?
BARTLET
Did you know Woodrow Wilson averaged 344 acts of clemency a year?
LEO
I didn’t.
BARTLET
Calvin Coolidge managed 326. FDR was over 300 yearly, for a grand total of 3,687. Until the last 40 years, Presidents routinely exercised their power as stated in the Constitution, to give relief against harsh sentences. Recent Presidents have averaged 40, 20, and seven pardons a year. Why’d we get so stingy?
LEO
Law and order’s become a national concern.
BARTLET
And the pardon process has become less transparent. No records kept, no rationales given … the ones we do remember, the Eugene Debs, the Jimmy Hoffas, were controversial, if not downright scandals.
LEO
You understand, sir, I’m not against you issuing pardons.
BARTLET
The benign prerogative, that’s what Hamilton called them.
LEO
Benign? It’s a bag of lit dynamite. Yeah, maybe the FBI bungled its investigation on an Indian reservation 30 years ago.
BARTLET
And maybe we let the wrong guy go from puberty to retirement in a prison cell.
LEO
And sure, maybe it would be a generous act of bipartisanship to forgive an ex-governor who’s battling cancer -
BARTLET
Who never would have gone to trial if a Republican were sitting in this office.
LEO
I know the First Lady has received letters from tribal leaders -
BARTLET
Is Josh sitting in on this meeting with Justice today?
LEO
He’s in and out.
BARTLET
The Attorney General send a deputy with a heartbeat?
LEO
Sir, I don’t believe Fisk sent a deputy AG, just the pardon attorney.
BARTLET
The AG expects White House Counsel to sit down without a -
LEO
Well, actually Counsel isn’t in this either, it’s more preliminary.
BARTLET
Is deputy counsel there?
LEO looks away.
BARTLET
Who is in this meeting, Leo?
CUT TO: INT. - ROOSEVELT ROOM – DAY
DONNA is at the table taking notes with a group of attorneys, including PORTIA COLGRAVE.
PORTIA
So that’s my main concern … if Josh doesn’t return -
DONNA
I’ll get you an answer.
PORTIA
We need guidance. Is the President looking for packing peanuts, or does he want to -
DONNA
Packing peanuts?
We hear a door opening.
PORTIA (rising)
Yeah.
PRESIDENT BARTLET walks in the door.
BARTLET
Please, everyone, sit. (to PORTIA) You’re my pardon attorney?
PORTIA
Yes, Mr. President. Portia Colgrave.
Everyone takes a seat.
BARTLET
You’ve survived three administrations in this job, am I right?
PORTIA
You are, sir.
BARTLET
Well, how do I stack up?
PORTIA
You’re about at par.
BARTLET
Which ain’t saying much, is it? (motioning to the pardon list) May I?
PORTIA
Yes, sir.
BARTLET
This is the list that we’ve been discussing?
PORTIA
These are first-time offenders who’ve served at least five years of a ten-year or longer sentence under the guidelines.
BARTLET
Ten years or longer. All nonviolent?
PORTIA
Oh, yes, Mr. President.
BARTLET
So where were you?
DONNA
We were about to discuss packing peanuts.
CUT TO: INT. - WHITE HOUSE HALLWAY – NIGHT
SUNDAY
JANUARY 11TH
At the end of the hall we see CHARLIE showing MEESHELL around.
CHARLIE
So this is the Roosevelt Room, which was the President’s office until FDR decided he deserved some sunlight, and built the Oval. Here’s the Communications bullpen -
MEESHELL
Whoa, whoa, slow down, Charlie, I’m a little overwhelmed.
CHARLIE
It’s part of my plan to sweep you off your feet.
MEESHELL
You already did that.
CHARLIE
You were pretty easy.
MEESHELL
And boy, was I relieved when you called again. I never do that, I’m actually kind of a prude.
CHARLIE
Fooled me. This is the West Lobby. You should get your bearings for when you come back.
MEESHELL
What do you mean?
CHARLIE
I talked to CJ about getting you into the -
MEESHELL
CJ Cregg?
CHARLIE
Next week. The President’s meeting with some college editors for Martin Luther King Day, and I asked CJ if it’d be okay for you to join.
MEESHELL
(stammers) Did you say something after ‘President’?
CHARLIE
It’ll be an intimate group of 60.
MEESHELL
Thank you, I – I’m nervous already.
CHARLIE
I read your piece. You got game.
CHARLIE and MEESHELL walk into the area near DONNA’S desk.
CHARLIE
Hey, Donna.
DONNA
Hey, Charlie.
CHARLIE
Donna Moss, Meeshell Anders.
DONNA
Hi, nice to meet you.
MEESHELL
Nice to meet you.
CHARLIE
I’m giving Meeshell the nickel tour.
DONNA
It’s pretty great, huh? We all forget.
MEESHELL
Yeah, it’s amazing.
CHARLIE
We’ve got food coming, if you want to join us.
DONNA
Oh, you’re too polite. He’s too polite.
CHARLIE
What are you doing here today?
DONNA
Don’t ask. It’s too depressing.
DONNA drops a stack of papers on a desk and sits.
DONNA
It’s nice to meet you.
CHARLIE and MEESHELL walk away. DONNA sighs, then opens a file. We see a page for a Daisy Aimes, with a mug shot and details of her case. The camera pans to a page titled “The personal history of Daisy Aimes,” with a photograph of her and her daughter. DONNA continues reading the file.
CUT TO: INT. - RESIDENCE KITCHEN – NIGHT
PRESIDENT BARTLET and ABBEY are having a discussion next to the stove.
BARTLET
Packing peanuts, that’s what they’re called.
ABBEY
The low-profile cases?
BARTLET
Apparently these nameless offenders can be useful insulation for any cronies I may want to spring.
ABBEY
Are you getting pressured or -
BARTLET
All over my call sheet. I’ve been thinking if I commute a Chippewa and an indicted Republican, they might cancel each other out.
ABBEY
But they’re off the front burner now?
BARTLET
I know how you feel about Lessieur. I’ll consider him in the future, but it’s these packing peanuts, these victims of minimums that are bugging me. That’s what Congress pushed front and center with this amendment. I can’t sign a bill that toughens guidelines and ties judges’ hands then turn around next month and advocate judicial discretion. (As ABBEY hands him a cup) What’s in this?
ABBEY
Just warm milk.
BARTLET
Does this ever work?
ABBEY
It has.
ABBEY thinks as BARTLET takes a sip.
ABBEY
Are you worried this might be another Wallace Turner?
BARTLET
A little, sure.
ABBEY
You were a new Governor. And you listened to the advice of your parole board.
BARTLET
His victim’s family probably isn’t too comforted by that. Leo’s worried it’s the wrong time for pardons.
ABBEY
Leo hates to see you sleepless and distracted when you’re about to announce your agenda for the year.
BARTLET
Do you hate to see me sleepless and distracted?
ABBEY
This is just your preamble. You’re about to be inspired.
CUT TO: INT. - PRESS BRIEFING ROOM – NIGHT
The room is dark as CHARLIE and MEESHELL come in the back door.
MEESHELL (laughing)
Wait! Never mind!
CHARLIE
No, it’s right here. Umm …
CHARLIE looks for a light switch, then flips it on. The room lights up.
MEESHELL
Good finale.
CHARLIE
As seen on TV.
MEESHELL
It’s a little smaller than I thought.
CHARLIE
And dirtier. (He starts to pick up some trash) Why the press can’t clean up after themselves … You enjoy the picnic?
MEESHELL
On a porch outside the Oval Office? It was all right.
CHARLIE
And the President only called once.
MEESHELL
Was that really him?
CHARLIE
No. I faked it. It was weekend protocol.
MEESHELL
Yeah, it was kinda sexy. You were all, “ah, yes, sir, did you look on the bookshelf, Mr. President?”
CHARLIE (chuckling)
Go on. Get up behind the podium. I’ll take your picture.
MEESHELL
You brought a camera?
CHARLIE
Go on. You belong up there.
MEESHELL (hesitating)
Charlie, I started to bring this up before, but I didnt’ want to say on the phone.
CHARLIE
What?
MEESHELL
I do belong here.
CHARLIE
I know it.
MEESHELL
No, I mean I really do belong here. It wasn’t for certain when we met, but -
CHARLIE
What?
MEESHELL
I’m coming to work here.
CHARLIE
Here?
MEESHELL
My internship’s ending, and I’ve been offered a really entry-level job in the press corps.
CHARLIE
The White House press corps.
MEESHELL
Uh, I’m gonna be an off-camera reporter for NBC, mostly making sure that the on-camera reporter gets called when something happens.
CHARLIE is taken aback.
CHARLIE
You’re covering the White House … the President … for a network.
MEESHELL
I will be.
CHARLIE
And you let me act like – you didn’t mention this.
MEESHELL
I know, I, I didn’t want to -
CHARLIE
Anything I said today, everything I said was off the record -
MEESHELL
No! Of course!
CHARLIE
He depends on my discretion.
MEESHELL
Charlie, I would never -
CHARLIE
He’s not just the President.
MEESHELL
What do you mean?
CHARLIE
Never mind.
MEESHELL
I really don’t think this should change anything.
CHARLIE stares uncomfortably at MEESHELL.
FADE OUT.
END ACT TWO.
* * *
ACT THREE
FADE IN: INT. - SHOPPING CENTER – DAY
JANUARY 13TH
BRADENTON, FLORIDA
A group of people are in a room at a shopping center, sitting at small tables filling out forms on clipboards. TOBY and RINA are near the entrance to the room. RINA is on the phone.
RINA
We have seats on the 1:10, Bill – uh, is it Bill? We were hoping you could get us something earlier.
TOBY
Please.
One of the people at the tables stands, irritatedly crumpling the form he’s been writing on.
IRRITATED MAN
This is murder, I’m out of here.
POLLSTER 1
Is something wrong, sir?
IRRITATED MAN
Yeah, keep your ten bucks.
RINA (on phone)
That might work. Is, is that into Dulles? Uh-huh.
TOBY considers the IRRITATED MAN as he walks out of the room. He follows him outside. Another POLLSTER is talking to a shopper outside the room.
POLLSTER 2
Hi, are you a registered voter?
TOBY catches up to the irritated man.
TOBY
Excuse me, sir? I’m, uh, with the polling group inside.
IRRITATED MAN
Yeah, I saw you in there.
TOBY
I was curious, why’d you walk out?
IRRITATED MAN
It’s a waste of time.
TOBY
Why?
IRRITATED MAN
Politics. What, are you guys trying to target me, or trying to find out what makes me, uh, I don’t know … what is it you want, you want me to feel like I’m part of the club?
TOBY
Uh, maybe.
IRRITATED MAN
Well, you won’t do it with words. Not words that are pre-tested and reworked, sanded down, wrapped in a bow. Hey, you wanna impress me? Do something. Talk’s cheap, pal.
The IRRITATED MAN starts to walk off.
TOBY
You ever listen to the President when he addresses the nation?
IRRITATED MAN
Yeah, sometimes. I usually end up throwing something at the set.
The IRRITATED MAN leaves. RINA comes up to TOBY with the phone.
RINA
Josh is calling. What was that?
TOBY
That’s my guy. That’s who I write for. (into phone) Yeah.
JOSH (voiceover)
Toby, we need you back. President’s made some decisions that are going to affect the State of the Union.
TOBY
How?
CUT TO: EXT. - WHITE HOUSE ENTRANCE – DAY
TOBY and RINA walk up to the White House, suitcases in tow.
CUT TO: INT. - LEO’S OFFICE – DAY
ANGELA, CJ, and JOSH are meeting with LEO.
ANGELA
I’m saying, if he vetoes the bill tomorrow -
LEO
How many times do I have to tell you, he’s -
CJ
He’s vetoing the amendment, we’ll make that clear.
JOSH
It’s still a veto, it’s not like Congress will forget in a week.
LEO
Could be an icy reception for the State of the Union.
The discussion continues as we see TOBY and RINA arrive at TOBY’S office.
CJ
I’m still not clear about the pardons.
ANGELA
Maybe the First Lady could explain it.
JOSH
He’s not pardoning Lessieur or any ex-governors, he’s strictly granting commutations where minimums and guidelines have resulted in unfair sentences.
We return to LEO’S office.
CJ
Yeah, I’ve been trying to say that, but -
LEO
When pardons are rumored, lobbying takes on a life of its own.
CJ
There’s no chance he could delay?
TOBY walks into LEO’S office.
JOSH
Hey.
LEO
You’re straight from the airport?
ANGELA
Welcome to hell.
TOBY
So – Congress forced our hand with a crime bill.
ANGELA
And the President wants to run into the fire and issue pardons.
CJ
Plenty of lemons, we just can’t find a recipe to make anything out of them.
JOSH
Except hemlock.
TOBY
Actually, I think the President’s instinct is right. We don’t run away from this, we … we pack his veto of the Hicks amendment and his policy-based pardons in with the State of the Union, make it more than just an isolated speech.
CJ
Yeah, he can come out for gay marriage in the military at the same time.
TOBY
I’m serious, I say the President announces his veto on the eve of the State of the Union. The next morning, his pardons become act two -
JOSH
Of respect for federal judges.
TOBY
And prelude to his trip to the Hill that night. Which now is more than hat-in-hand begging Congress for a laundry list of priorities, the State of the Union becomes a few words about his agenda from the President, who, as you’ve seen, is a busy guy.
LEO
It’s the closest thing I heard to what the President wants. Can we pull it off?
JOSH
Well, at least we come out swinging. Well, we own the news. Courage of our convictions.
ANGELA
Republicans will still try to demagogue us with these pardons.
CJ
Maybe we focus on the most sympathetic cases. Personal stories will make it less abstract.
TOBY
I gotta keep writing.
TOBY stands, the meeting begins to break up.
LEO
Josh – I need you to hone this list of commutations to a perfect few. I understand Justice has given some 30 names to Counsel?
JOSH
Thirty-six - we’re taking a look, too.
CJ
We need poster kids, former and future altar boys and girls.
ANGELA
Are they all doing time for crack?
JOSH
Not all, but we’re talking mandatory minimums. That means drugs. (to LEO) You want ten names?
LEO
Five or six. Remember how they’re gonna look in the Times photo and let’s spare him any recidivists.
JOSH, CJ and ANGELA exit. MARGARET enters and stands at LEO’S desk.
MARGARET
The First Lady called to remind you of your invitation to New Hampshire for Presidents’ Weekend. She doesn’t want to pressure you, but they won’t take no for an answer.
MARGARET exits. LEO sits at his desk, considering.
CUT TO: INT. - CJ’S OFFICE – DAY
JANUARY 16TH
CAROL and CJ are walking through the hall towards CJ’S office.
CAROL
Do we want to comment on a rumor that FBI agents will picket the White House if the President considers pardoning Gabriel Lessieur?
CJ
We don’t comment on rumors. Did the FBI?
CAROL
Bureau chief said that it would only be off-duty officers.
CJ
Oh, good. Any other calls?
CAROL
Ben of Glacier Bay. Is he really a park ranger? He did this Smokey the Bear riff -
CJ
What are you - ? Don’t talk to him.
CAROL
You want me to hang up?
CJ
I – put him on hold, and find me if he calls again.
CAROL
If?
CAROL exits. CHARLIE comes into the office.
CHARLIE
You were looking for me?
CJ
You never gave me the name of your friend for the MLK college junket.
CHARLIE
Yeah, that’s – forget that. It isn’t gonna happen.
CJ
Are you sure? It’s no problem.
CHARLIE
I’m sure. (pause) CJ, with the press, could you ever trust a reporter?
CJ
Is this the beginning of a joke?
CHARLIE
Never mind.
CHARLIE exits.
CUT TO: INT. - JOSH’S OFFICE - DAY
JOSH comes out of his office and puts a folder into a rack along the wall. RINA meets him, carrying a sheet of paper.
RINA
Uh, Mr. Ziegler asked if you could give this a read and give him notes ASAP.
JOSH
Was he smiling?
RINA
Does he smile?
JOSH turns back to his office but is interrupted by DONNA.
DONNA
The Kaehlers are in the Mural Room.
JOSH
Who are the Kaehlers?
DONNA
Moneybags from Colorado, the Vice President’s out of town, the President got held up with the Joint Chiefs.
DONNA walks back to the desk where she’s been working on pardons. JOSH follows her.
JOSH
You don’t have to be pissy.
DONNA
This is not pissy.
JOSH
Donna, it’s a huge risk for the President, we have to cull the list, we have to be brutal.
DONNA
These 36 people haven’t been culled enough, out of thousands of applicants? Forget that they’ve all been in prison for at least five years.
JOSH
For committing crimes.
DONNA
Still, they submitted petitions to Justice that took two years to inch from desk to desk. None of them are violent, although by now I would be, none of them have priors. A lot of them, their judges spoke at their sentencing against the harshness of what they had to impose.
JOSH
Doesn’t mean we stop scrutinizing.
DONNA
Scrutinize away. You tell me, do we toss out Daisy Aimes, mother of three, with two jobs, had a boyfriend who stored a kilo in her closet? She’s done eight years and is facing 11 more, that’s longer than rapists and child molesters get. There’s about 15 Daisys in here. Do we pick three?
JOSH
Donna -
DONNA
You haven’t read these files, or looked at these photos and I don’t blame you, I wish I never had. But I don’t see a list anymore. These are people. If you wanna cull them, jump in. I’m done.
WILL appears in the doorway.
WILL
Sorry, am I - ?
DONNA
No, uh, he’s got the Kaehlers in the Mural Room, we know.
WILL
Actually you may want to skip the Kaehlers, they’re not here by chance.
JOSH
What do you mean?
WILL
Their son petitioned for clemency, they’re here to plead his case.
JOSH
There’s a major party contributor with a family member under pardon consideration?
DONNA
No, there’s no Kaehler on the list.
WILL
He’s the wife’s son, from a former marriage. His name is Morrisey?
DONNA
Donovan Morrisey? Estes Park, high school senior who FedExed LSD.
WILL
I could tell them you’re tied up.
DONNA
No. I will.
CUT TO: INT. - OUTER OVAL OFFICE – NIGHT
CHARLIE is putting on his coat. ANGELA walks up to him.
ANGELA
Charlie …
CHARLIE
He’s gone for the day.
ANGELA
Charlie, she’s gonna be working here, you can’t ignore her.
CHARLIE
Good night, Angela.
CHARLIE walks out of the office, ANGELA follows.
ANGELA
Give her the respect of taking her calls, don’t get mad and write her off the guest list.
CHARLIE
She’s beyond college editors, way beyond. Her family founded the Afro-American.
ANGELA
If you want to know a girl’s entire history and career plan before you get involved, I have two words for you: search engine.
CHARLIE
So you knew she was joining the press corps?
ANGELA
I didn’t. I’m friends with her aunt.
CHARLIE
I should’ve guessed. The sprawling web of District aunts that can’t be avoided.
ANGELA
Unless you date the President’s daughter.
CHARLIE stops and stares at ANGELA.
CHARLIE
Have a nice weekend.
CHARLIE exits.
CUT TO: INT. - OVAL OFFICE – DAY
PRESIDENT BARTLET is meeting with LEO, JOSH, and TOBY.
BARTLET
How did it ever get this far?
JOSH
He has his mother’s name. He fit all our criteria for commutation.
BARTLET
We didn’t put it together, maybe the press won’t, either.
LEO
Sir, if they do -
TOBY
Your message gets stampeded. ‘White House bends justice for big bucks.’
JOSH
Even though we weren’t.
TOBY
And who’s gonna believe that? The kid’s parents practically bankroll the Colorado party not to mention that White House visit.
BARTLET
So this kid gets screwed for having an important family.
TOBY
Sir, you can commute him sometime in the future.
LEO
How’s Counsel doing on the rest of the list?
JOSH
I touched base with them about an idea, I know you and Toby need to work on the new sections of the speech.
LEO
No, we need to settle this.
JOSH
If you want to throw light on how minimums and guidelines conspire to produce disproportionate punishments -
BARTLET
And worse, leave judges impotent. Our judicial system is predicated on an individual’s right to a fair trial. But how individual is that process if a 258-box grid seals your fate before you ever step foot in front of a judge, a federal judge, that my office has invested considerable effort in selecting, who is then constrained from exercising basic common sense while 29-year-old prosecutors, who make their bones on their win-loss record, hold the only discretion in the whole system?
LEO (to TOBY)
Were you taking notes?
TOBY
Got it.
JOSH
Sir, let’s say the list stays at 36 names, or 35 without this Colorado man. We don’t monkey around creating a few poster kids, we say all these cases represent a larger injustice. It’s not just about them.
LEO and BARTLET exchange looks. BARTLET nods.
BARTLET
Is she waiting outside?
JOSH
She is. But honestly, sir, I -
BARTLET
No – she took the bullet we all managed to dodge, show her in, please.
JOSH goes to the door.
JOSH
Hey. You can come in.
DONNA enters.
DONNA
Mr. President.
BARTLET
I understand you have a message for me.
DONNA
Yes, sir. I promised Mrs. Kaehler I’d do my best.
BARTLET
What did she say?
DONNA
She said her son, Donovan, made a terrible mistake when he was still a teenager. It doesn’t excuse anything, but her divorce was very hard on him. By the time he went to trial, the shock of his arrest had given their family a wake-up call. Donovan had completed a drug treatment program, finished high school and been accepted to college. Unfortunately, the guidelines prevented the judge from considering any of those things. She said after Donovan finished one year in prison – missed one birthday, one Christmas, one fly-fishing season – the other six years he spent in Leavenworth have been a frozen hell. Her words, ‘a frozen hell.’ She wasn’t … she’s … she’s someone who copes. But, she said if it would make a difference, she’d get on her knees. She begged for your mercy. That’s all.
BARTLET
Thank you, Donna.
DONNA exits. There’s a pause as the men consider what they’ve heard.
LEO
Mr. President?
BARTLET
Take him. Take Donovan off the list.
LEO
You can pardon him in the spring, after the dust settles.
BARTLET
Yeah.
BARTLET slowly walks out of the OVAL OFFICE.
FADE OUT.
END ACT THREE.
* * *
ACT FOUR
FADE IN: INT. - OVAL OFFICE – DAY
JANUARY 20TH
MORNING OF THE STATE OF THE UNION
PRESIDENT BARTLET is at his desk, giving a televised address.
BARTLET
… the price tag for our failure to learn this lesson is far too costly. We have to listen to what our federal judges are telling us about the sentencing guidelines and mandatory minimums. And Congress has to wean itself from the expensive high they get enacting laws that appear tough on crime, but are ineffective. I will never surrender in the war on drugs, but if you’re consistently getting slaughtered on the battlefield, you’ve probably misjudged your enemy. I don’t offer these pardons today to kingpins or career traffickers who lay waste to our innocent citizens. But I do extend these clemencies like amnesties after a prolonged, bloody war, to some among us who have fallen to a ravaging and confounding enemy. I offer these clemencies confident that if we re-enlist our -
CUT TO: INT. - LEO’S OFFICE – NIGHT
THAT NIGHT; BEFORE STATE OF THE UNION
LEO is watching the tape of BARTLET’S speech from that morning.
BARTLET (voiceover)
- judges’ wisdom, we stand a better chance of prevailing against crime. We have to accept that to be truly tough on crime, we must first understand how to be smart on crime -
ABBEY enters the office behind LEO.
ABBEY
That’s our boy.
BARTLET (voiceover)
… it was not a simple lack of -
LEO
If it was you whispering pardons in his ear – it was the right thing.
ABBEY
I don’t whisper, Leo. That’s not how it works between us. My job is to help Jed be as good a President as he is a man.
LEO
Oh?
ABBEY
I’m not gonna sit back and judge anymore. I’m gonna jump in and get my hands dirty.
LEO
We can use the help.
ABBEY
Come on in here. Let’s have a cup of tea, Leo.
ABBEY leads LEO into the OVAL OFFICE.
ABBEY
Unless you ignore my invitations on principle these days.
LEO
About Presidents’ Weekend, I’m thrilled. But I thought I’d give you a chance -
ABBEY
To back out? We want to see you, we invited you. It’s been ages since we stayed up late, arguing the proper sequence of hands in Shanghai Rum.
LEO
It’s one set, one run, a run and a set.
ABBEY laughs.
LEO
I thought you might reconsider, you may not have gotten your invitation yet.
ABBEY
Is this about Jenny’s wedding?
LEO
Yeah.
BARTLET enters the office, holding a few ties.
BARTLET
I can’t dress for this thing without you. Which one screams ‘dominance’?
ABBEY
Do I get to wear it afterwards?
BARTLET
No comment.
ABBEY (offering a cup to LEO)
Darjeeling?
LEO
Thank you.
ABBEY (looking at BARTLET’S ties, then selecting one)
Leo thinks we should reconsider attending his ex-wife’s wedding.
BARTLET
No way.
LEO
You’re old friends. Jenny’d like it.
ABBEY
We plan on sending them something nice, don’t we, Jed?
BARTLET
Something for the kitchen. A juicer, maybe.
ABBEY
Encourage Howard to lose a few pounds.
BARTLET
Or his-and-hers binoculars. They have these prism optics now.
ABBEY
Mmm, I don’t think Howard actually goes outdoors, he’s more of a Discovery Channel type of birder.
LEO is looking on, smiling at the BARTLETS’ banter.
BARTLET
That’s probably better, with his asthma.
ABBEY
Ah.
BARTLET
A nice book, then.
ABBEY
Mmm.
BARTLET
Something with large print, of course.
ABBEY
Yeah. Um-hmm.
BARTLET
We’ll think of something.
LEO
You two are evil.
BARTLET
We’ve always loved Jenny.
ABBEY
But you’re the one we want to spend the weekend with. To union.
All three clink their tea cups.
ABBEY
All states of it.
BARTLET
Hear, hear.
CUT TO: INT. - DONNA’S DESK – NIGHT
We are back to the scene from the TEASER, only we see DONNA’S perspective. We hear a wolf whistle as CJ and TOBY walk down the hall. DONNA answers her phone.
DONNA
Josh Lyman’s office.
TOBY
Now I remember why I love this night.
CJ
You love this night ‘cause in two hours you’ll have a sour mash -
DONNA
That’s me. I’m Donna Moss.
TOBY (in background)
The press conference was a hit.
CJ (in background)
The President did well this morning.
TOBY (in background)
Are they ranting on cable about -?
DONNA
Uh-huh.
Whatever she’s hearing is affecting DONNA. We hear the scene continue in the background.
CJ (in background)
About what we expected.
RINA (in background)
Extra gum. For your big night.
CUT TO: INT. - WHITE HOUSE FOYER – NIGHT
ANGELA and MEESHELL are walking into the West Wing.
MEESHELL
Guess this makes it official.
ANGELA
You do your family proud.
MEESHELL
Are you sure I shouldn’t just stick my head in and say ‘hello’?
ANGELA
I wouldn’t.
MEESHELL
I’d keep it professional. You know, just shake hands. I don’t want it to be awkward.
ANGELA
Number one, I don’t believe you. You got broken heart written all over you. Number two, he’s got the State of the Union in less than an hour.
MEESHELL
I just thought -
ANGELA
Don’t be a fool. Stay out of there.
ANGELA walks away. MEESHELL thinks for a moment, then heads in a different direction.
CUT TO: INT. - DONNA’S DESK – NIGHT
DONNA is stricken by what she heard on the phone. She slowly walks down the hallway towards CJ’S office. We hear the discussion from the TEASER in the background.
CAROL (in background)
It’s Gentle Ben on hold.
CJ (in background)
You put him on hold?
CAROL (in background)
That’s what you told me to do!
CJ (in background)
Carol, maybe you ought to -
DONNA has reached CJ’S doorway.
DONNA
CJ.
CJ
Donna, my darling, would you pick up line one and tell this guy you can’t find me?
CJ sees the look on DONNA’S face.
CJ
What’s wrong?
DONNA
I just had a call from Anne Kaehler, Donovan’s sister. He killed himself.
CJ
Who’s Donovan?
CUT TO: INT. - HALLWAY OUTSIDE ROOSEVELT ROOM – NIGHT
WILL is walking quickly towards LEO’S OFFICE. RINA catches him at a doorway.
RINA
I lost Mr. Ziegler, he was just here -
WILL
Dorry. Can’t help.
WILL continues to LEO’S OFFICE, where TOBY, CJ, JOSH, DONNA, and MARGARET are standing.
WILL
You heard?
CJ
It hit the wires?
WILL
I got a call. Does the President know?
BARTLET calls out from inside the OVAL OFFICE. We see BARTLET, ABBEY and LEO having tea through the open door.
BARTLET
Looks like the gang is hovering.
ABBEY
Come on in, guys.
LEO comes to the doorway.
LEO
What’s up?
DONNA breaks away from the group and escapes down the hall.
CJ (to JOSH)
Go on.
TOBY
We’ve got this.
JOSH chases after DONNA.
CUT TO: INT. - OUTER OVAL OFFICE – NIGHT
CHARLIE is gathering papers at his desk. MEESHELL enters. We saw this scene before as well.
MEESHELL
Charlie?
CHARLIE
Ms. Anders.
MEESHELL
Ms.? You sorry son of a =
MEESHELL slaps CHARLIE. As he recoils, BARTLET steps out of the OVAL OFFICE.
BARTLET
Charlie, are we -
CHARLIE and MEESHELL stand quietly uncomfortable.
BARTLET
I beg your pardon.
CHARLIE
Mr. President, may I have a moment?
BARTLET goes back inside the OVAL OFFICE and closes the door.
CUT TO: EXT. - OUTSIDE THE WHITE HOUSE ENTRANCE – NIGHT
The motorcade is waiting to depart, with Secret Service agents and DC policemen bustling about. JOSH is talking to DONNA.
JOSH
There’s nothing you could have done.
DONNA
It’s stupid. I don’t even know why -
JOSH
It’s not stupid. You met them. They got to you.
DONNA
I need to learn how to not be so … how to keep things at arm’s length.
JOSH
I hope not.
TOBY comes outside, putting on his coat.
TOBY
We’re heading over. (to DONNA) The President asked if you’d escort the special guests.
JOSH puts his arm around DONNA and they head towards the entrance.
CUT TO: INT. - OUTER OVAL OFFICE – NIGHT
MEESHELL
So a, a one-night thing would’ve worked better for you?
CHARLIE
I know three weeks was too long.
A Secret Service agent, DONNIE, leans through the doorway.
DONNIE
Charlie – they’re ready.
MEESHELL starts to walk out of the office.
CHARLIE
Actually, the first two weeks were pretty great.
MEESHELL
When you thought I was nobody? No threat?
CHARLIE
I protect him! It’s my job!
MEESHELL
And I meant no threat to you. When you said he wasn’t just the President, I understood.
CHARLIE
I’ll see you around, Meeshell.
MEESHELL turns and walks glumly away.
CUT TO: INT. - ROOSEVELT ROOM – NIGHT
TWO HOURS LATER
The ROOSEVELT ROOM is set up for a reception, with waiters carrying trays of food and music playing. As the camera moves through the room and into the hallway, we see TV screens with the news program Capitol Beat and its post-address coverage of the speech.
MODERATOR (on TV)
Were you surprised by the warmth of the reception?
PANELIST (on TV)
I was. When you consider our government was gridlocked two months ago over budget disputes, tonight’s State of the Union had a welcome forward momentum.
MODERATOR (on TV)
Absolutely. Let’s take another look at some of the significant high points.
BARTLET (on TV)
The hard work of forming this more perfect union beongs to us all. We need to be as wise as we are resolute, as smart as we are strong.
The camera moves to the hallway outside the Mural Room, where DONNA is leading a group of some of the special guests. She gestures for them to enter the Mural Room.
DONNA
The President will join us shortly for photos … if anyone would like refreshments?
DONNA follows the guests into the room, where she is greeted by MR. HOLMES, standing next to his sister, KANDY.
MR. HOLMES
That was quite a speech the President made.
DONNA
Quite a day for your organization.
MR. HOLMES
Yes, ma’am. I wish that you could have been in there when we made those 35 phone calls to the families this morning.
The people in the Mural Room begin to applaud as BARTLET enters.
DONNA
President Bartlet. Wonderful speech, sir.
BARTLET
Thank you.
DONNA
Mr. President, this is Mr. Holmes of Families Against Mandatory Minimums.
BARTLET
How are you, sir?
MR. HOLMES
Sir.
DONNA
And his sister, Kandy.
BARTLET
Hi.
KANDY
Hello.
DONNA
She just got home a few hours ago.
MR. HOLMES
Sir, there are no words to express our gratitude. Today has been overwhelming.
KANDY
Thank you, sir.
DONNA
Kandy was saying on the way over she feels like she’s been hit by lightning.
BARTLET
I hope it’s not quite that random.
KANDY
I can never repay you.
BARTLET
Oh, yes, you can. You got the second chance you deserve, but it’s also a heck of a burden. If you screw up again, you don’t just hurt yourself and your family. You damage me, and worse - you hurt all those prisoners still hoping for the fair shake most of them won’t get. Am I right, Donna?
DONNA
Yes, Mr. President.
BARTLET
Miss Holmes, you need to take your life in your hands and make sure that none of those left behind are ever more deserving than you.
KANDY
I will, sir. I promise.
BARTLET
Okay.
KANDY
Thank you.
BARTLET (to MR. HOLMES)
Keep in touch.
MR. HOLMES
Yes, sir.
BARTLET walks away.
MR. HOLMES
Bless you all. It must be an honor to work for him.
DONNA
It is.
A hint of a smile flits across DONNA’S face.
DISSOLVE TO: END TITLES.
FADE TO BLACK.
THE END.
* * *
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The West Wing Transcript
Episode 5x11 – The Benign Prerogative
Original Airdate: January 14, 2004
