The Short List

[Admin]

From NBC:
When a Supreme Court Justice (Mason Adams) retires, President Bartlet (Martin Sheen) has a golden opportunity to impact the court's composition by nominating Judge Peyton Cabot Harrison III (Ken Howard); 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.

[Joey Lucas]

From The Official Companion:
Josh is in his office with a phone pressed to his ear, a smile playing on his lips. C.J.’s listening in on an extension, and her expression belies the excitement for what they’re about to hear. Josh gets confirmation and hangs up, ecstatic. Not even the tremendous thumping and banging coming from somewhere right above his office can divert him from his triumph. He rushes into the halls to tell everyone the news.

MRS. LANDINGHAM: Is it done?
JOSH: That depends on your answer to this question, Mrs. Landingham: Who da men?
MRS. LANDINGHAM: Excuse me, Josh?
JOSH: Um . . . . who da men?
MRS. LANDINGHAM: (pause) You da men?
JOSH/TOBY/SAM: (in triumph) We da men!!
LEO: You got yourself a Supreme Court nominee, Mr. President.
BARTLET and LEO shake hands.
BARLET: This is huge.
JOSH: Yes, sir.
BARTLET: Which one of you is the man?
JOSH/TOBY/SAM: I am.

As the excitement dies down, Leo lays out the plan. In four days there’ll be a ceremony to parade the nominee and Toby will ensure there are no slip-ups or leaks. They vetted the guy for two months but Toby says they’ll vet him again. Giddily, Josh walks back to his office, where the banging continues, getting even louder. Just as he announces that Peyton Cabot Harrison III of Philips Exeter and Princeton, a Rhodes Scholar, editor of Harvard Law Review and dean of Harvard Law School is a lock, a chunk of Josh’s office ceiling falls onto his desk.

The celebration of the Supreme Court nominee is not far-reaching. The President realizes this when he places a courtesy call to the outgoing Justice Joseph Crouch (Mason Adams). Even by the standards of the Supreme Court, Crouch is years past retirement, and clearly believes he’s earned the right to speak bluntly. Crouch assumes Bartlet has chosen Harrison, which Bartlet won’t confirm or deny, but what about Mendoza? Bartlet acknowledges that Mendoza was on the short list, but Crouch calls his bluff: it was just for show. Crouch admonishes Bartlet for always leaning towards the middle of the road in his administration. Crouch put back retirement until a Democrat was elected to office, but he got Bartlet instead. He wants the President to think about Mendoza.

The President’s used to having the upper, more experienced hand in conversations, but Crouch keeps shutting him down. Bartlet says they’ll consider Mendoza for the next seat but Crouch says he won’t get the chance, because he’ll lose in three years. He reminds Crouch he has to contend with “an opposition Congress, powerful special interest groups, and a bitchy media.” So did Truman, Crouch retorts. Bartlet says he’s not Harry Truman. Crouch tells Bartlet he needn’t point that out. Bartlet’s had enough of this whipping, so he reminds Crouch it’s Dr. Bartlet, and says pointedly, “Let’s go start your retirement.”

Sam notices on Toby’s television that Congressman Peter Lillienfield is holding a press conference. It’s clear he sounds off a lot and Toby’s not at all interested in hearing the man preach from his soapbox. “Gone are the days of the best and the brightest,” Lillienfield begins, waxing poetically. He then says the White House is staffed by Ivy League liberals and Hollywood darlings, one in three of whom smoke marijuana or snort cocaine regularly. Toby’s eyes move up to the screen – he’s interested now.

It’s open to season on the White House, and the West Wing figure out how to respond to the unsubstantiated claims. Josh says Lillienfield’s a featherweight, they should deny the allegations and move on. C.J. knows it’s not as easy as that. If she tells the press none of the 1,300 White House workers are drug users, and it turns out three of them find recreational drugs to be a fun habit, then she’s a liar. Leo says to report that they’re looking into it, and then tells his staff to look into it on the double. Mandy thinks they could end the scandal fast by drug testing the White House staff, but Josh is adamant there’ll be no testing. He’s indigent that Toby wants him to investigate the story at all.

TOBY: This isn’t the time, Josh, we’re takin’ water over the side –
JOSH: I’m not indifferent to that, but there’s a principle –
TOBY: No, there’s not! Not this week! We’ve been doing this for a year and all we’ve got is a year older. Our job approval’s at forty-eight percent and I think that number’s soft. I’m tired of being the field captain for the gang that couldn’t shoot straight! We’re getting the done. (pause) What do we know/what do they know. (pause) You can start with me if you want.

Regardless of the developing crisis, the staff doesn’t lose faith in good news; it had been looking like Harrison was a lock with unanimous committee approval and ninety votes in the Senate. All the same, Bartlet requests a brief on Mendoza from Toby, so he is prepared to answer any questions about Mendoza and his qualifications for a Supreme Court Justice. He wants to show that Mendoza wasn’t placed on the short list for appearances.

Sam is reading Harrison’s old papers when he gets a call that diverts his attention. The voice on the other end of the line yields information about Harrison and it’s not good. Sam rushes to Toby with a copy of an “unsigned note,” a scholarly document prepared by members of the Law Review and published anonymously. Sam recognizes Harrison’s style, and he and Toby know they must inform Bartlet of the development.

Josh is struggling to make sense of Lillienfield’s motivations. Lillienfield sits on the House Government Oversight Committee that controls the White House budget, and he would have access to all staff background checks. Brainstorming, Josh asks Donna if she knows anyone on the staff who uses drugs. She says she does. Josh asks if she wants to tell him who. Donna says she doesn’t. Josh says good, she should consider herself interviewed.

JOSH: I’ve looked at your records.
DONNA: I know.
JOSH: You gotta learn that no parking means no parking.
DONNA: The thing is, sometimes I can’t find a space.

Mandy and Josh continue to butt heads about the legality and necessity of drug tests. Mandy says not only would the gossip be extinguished, but they’d end up with a drug-free White House to show the world. Josh points out you can’t force people to incriminate themselves for the sake of hushing an unflattering story. Mandy just wants him to talk to whoever it is he talks to.

One of these people is Danny Concannon. Danny tells Josh that Lillienfield is a jackass but he’s not stupid; he must have a bite and now he’s after someone. In a gesture of thanks, Josh gives Danny some unsolicited advice. C.J. likes goldfish.

Danny continues his barrage of C.J. Trying to keep a lid on the story, she told the press corps Lillienfield has offered no evidence and no one has been subpoenaed. Danny said she blundered by being the first to say “subpoena.” Why challenge Lillienfield to produce evidence that could bring harm to the administration? Then he asks C.J. to watch the Knicks game with him.

Sam’s the bearer of bad news: their princely nominee wrote a paper at Harvard that argues that privacy is not a right guaranteed by the Constitution. Toby rationally says they can’t necessarily hold a fifty-five-year-old man responsible for something he wrote when he was twenty-six, but Sam knows they won’t get the chance to hold him responsible if they put him on the bench. The issue will come up, guaranteed. Bartlet tells Sam he wants to see Harrison first thing in the morning. And then he announces he wants to meet Mendoza.

Josh has figured out who Lillienfield is after. With his pride in his pocket and a great amount of courage in his heart, he goes to Leo.

JOSH: Leo, you know the worst kept secret in Washington is that you’re a recovering alcoholic, right?
LEO: (pause) I had a hunch.
JOSH: Leo, you’re a Boston Irish Catholic and back there and back then a drinking problem wasn’t a problem. This isn’t what he’s going for. Were you into something that maybe wasn’t so acceptable?
LEO: (beat) Pills.
JOSH: Were you ever in treatment?
LEO: Sierra-Tucson. Six years ago.
JOSH: Leo –
LEO: Records kept by these facilities are confidential, Josh.
JOSH: He’s got ‘em.
After a moment JOSH reaches over and puts a hand on LEO’s knee . . .
JOSH: You’re Leo McGarry. You’re not gonna be taken down by this small fraction of a man. (beat) I won’t permit it.

[Joey Lucas]

From The Official Companion (cont.):
The instant Harrison (Ken Howard) sits down in the Oval Office, Bartlet asks him if he wrote the unsigned note. Unabashedly, he says he did. The President introduces Sam and Toby. Before the meeting, Toby’s still inclined to give him the benefit of the doubt. They hold a seminar. Harrison explains that for litigation purposes, the Constitution has to be interpreted strictly according to the text and it doesn’t mention a right to privacy. His explanation doesn’t sit well with Sam who believes the Framers didn’t intend the Bill of Rights to limit rights. In fact, many people were against codifying a bill of rights. In 1787, a member of the Georgian delegation said:

SAM: “If we list a set of Rights, some fools in the future are going to claim that the People have only those rights enumerated and no more.”
HARRISON: We’re you just calling me a fool, Mr. Seaborn?
SAM: I wasn’t calling you a fool, sir, the brand-new state of Georgia was.

Pompously, Harrison starts objecting to the questioning. He finds it rude and disgusting, and unable to adequately defend himself, he hops on the offensive. The White House needs him as much as he needs them, Harrison threatens. The ninety Senate votes, a seven-to-ten point poll bump. “I was courted. And now you’ve taken me to school by some kid.” Bartlet says he gave Sam leave to take him for a ride. Harrison leaves in a huff. Sam says they should put him on a bus but Toby wonders if it’s wise to send home a guaranteed confirmation.

SAM: It’s the next twenty years. Twenties and thirties it was the role of government. Fifties and sixties it was civil rights. The next two decades are gonna be privacy. I’m talking the Internet, I’m talking about cell phones, I’m talking about health records and who’s gay and who’s not. Moreover in a country born of the will to be free, what could be more fundamental than this?

The room rings with a new sentiment: bring on Mendoza.

Danny Concannon has heeded Josh’s advice and approaches C.J. armed with a goldfish in a bowl. C.J. admits he was right: every paper except Danny’s leads with her saying “subpoena.” She stops for a moment; why’s he holding a goldfish? Danny says Josh told him she liked goldfish. C.J. breaks up laughing – she likes the crackers. But she’ll keep the fish.

Mandy and Josh debate the merits of Mendoza and Harrison. She says Mendoza would be a great justice, but he’s going to be a lousy nominee who’ll have to explain his position on same-sex marriages and free speech. She draws up a comparison to Harrison: Mendoza went to P.S. 138 in Brooklyn, CUNY, and the New York Police Academy. Yes, Josh says, then he worked in the NYPD and was an assistant DA who put himself through law school. He says, “If you don’t think that’s America’s idea of a jurist, then you don’t have enough faith in Americans.” Clearly Josh would have taken Mendoza any day.

Leo gives the President a heads-up about what Lillienfield has discovered.

BARTLET: Did you have a drink yesterday?
LEO: No, sir.
BARTLET: That’s all you ever need 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 run the country, I think we all owe you one, don’t you?

Mendoza (Edward James Olmos) is in the Oval Office, unaware of why he’s been called there. Toby has one question for him. Absent details or special circumstances, what would Mendoza say of someone being fired for refusing to take a drug test on the order of the President? Mendoza says regardless of circumstance or who ordered the test, it would be an illegal search. Toby is sold. The President tells Mendoza he’s going to nominate his as an associate justice of the U.S. Supreme Court. Mendoza, shocked and stunned, accepts. The nomination process will be a dogfight. Let it begin.

[Brad's Girl]

In my opinion the best opening to any episode. So, so funny in the part with Brad, Richard, Rob and Kathryn.