"Another Ham Sandwich" recalled episode 17, second season, entitled "Ham Sandwich" (original air date March 22, 2011) in which Lockhart & Gardner's David Lee and Alicia Florrick represented drug kingpin Lemond Bishop in his divorce and custody settlements; Blake confronted Kalinda about her one-night affair with Peter Florrick; Kalinda was subpoenaed to appear before a grand jury related to a variety of her past crimes with Alicia advising Kalinda to not answer questions (on grounds she might incriminate herself); wherein the grand jury questions suggested that Cook County State Attorney Glenn Childs may have had another target in mind.
Main plots of tonight's episode surround evidence against Will Gardner in an effort to send him to prison for judicial bribery; Eli Gold and rival lobbyist/businesswoman Stacie Hall face off.
Individuals in a courtroom creating marker and pencil doodles on legal pads -- a line, an eye and brow, what appears to be a pirate, a compass, etc. A woman's voice states: "...trial for a crime punishable by imprisonment unless the initial charge has been brought by indictment of a grand jury. And that's where you come in. You are 16 citizens who have been given an immense responsibility. You must decide a man's fate. My name is Wendy Scott-Carr and this is Deputy State's Attorney Cary Agos and A.S.A. Dana Lodge. We are the prosecution. Unlike a trial, there is no defense. You will only hear our case. It is up to us to convince you that there's probable cause to bring William Paul Gardner to trial."
There is a group of people at the offices of Lockhart & Gardner. Diane greets Alicia, apologizing and thanking her for waiting. Alicia asks if everything is "all right;" Diane responds, "Uh, no," and that she wanted to talk to Alicia before she broke it to the equity partners and associates. Alicia asks if it's about Will. Diane responds, "Yes. A jury has been impaneled and our expectation is he will be indicted within the next two days...judicial bribery...of course, it's not true, but the State's Attorney believes that Will arranged bets between judges and bookies at his Wednesday night basketball game. Alicia responds she didn't know it was "that serious" to which Diane says, "It is. Felony bribery...three-to-seven years." Alicia asks if it's Wendy Scott-Carr or Peter? Diane states, "Both...Peter has put Wendy Scott-Carr in charge of the prosecution. Alicia asks what she can do. Diane responds that she doesn't want Alicia to feel responsible, or obligated, to do anything, then retracts "responsible," and states to Alicia, "We've never considered you an extension of the State Attorney's office and you've never acted like one. So, again, I leave it to you." They both leave the office and Alicia is met by Caitlin (David Lee's niece) who asks if she wants her to help Mr. Gold today. Alicia tells her "Yes." Caitlin further asks if there's anything Alicia wants help with, and Alicia responds, "Nope." Alicia heads over to her husband's office; initially, he is not there. As she begins to leave, Peter calls her, asks her what's wrong, what she needs. Alicia says she has to "rush off, it's nothing...it's about Jackie, we can talk about it later." They agree on eight o'clock, tonight.
Courtroom is in session and Attorney Elsbeth Tascioni and Will are speaking in hallway. Alicia arrives; she and Will speak. He says he's sorry. Alicia states, "No. Why? I am." Will says he didn't tell her because it's legal, Alicia tells him he doesn't have to explain, and Will states further that if he told her it would become personal. She states she's a lawyer, a third-year associate in his firm, so "use me." Alicia and Ms. Tascioni greet one another (recall she represented Alicia in the case involving the U.S. Treasury); Alicia relays her desire to help with what she knows about the State's Attorney (her husband, Peter).
Andrew Wiley is on the witness stand and states he was hired as an investigator by the State's Attorney's Office. Cary asked if in that capacity he reviewed Mr. Gardner's cases. He states he did and that he was surprised by how many cases, both civil and criminal, in which Mr. Gardner achieved a successful verdict. Cary asks him to elaborate, Andrew responds that on average you would expect a 60% win rate as a ceiling but that with Mr. Gardner's cases, he had 75% wins. Cary asks Andrew if he found anything suspicious with regard to which judges ruled favorably for Mr. Gardner and Andrew responds affirmatively, that three judges decided favorably for Mr. Gardner 95% of the time: Judges Winner, Dunway and Parks. He further stated he discovered that they all played regularly in a pick-up game on Wednesday nights run by Will Gardner.
Diane arrives at court and Ms. Tascioni, talking strategy, tells her she's up next. Will asks Diane how the partners responded; she states they were concerned and that they will work the phones in the afternoon to handle clients. Diane asks how things are there. Ms. Tascioni asks Alicia to join them, Will agrees. Ms. Tascioni states, "Grand juries indict, that's what they do, hamburgers and all." Will corrects, "ham sandwiches." She agrees, tells Will he will get indicted unless someone "pulls the plug, someone higher" to which Will adds, "State's Attorney." Ms. Tascioni tells Diane she has an audience of one in the courtroom. Cary, who defers to the State's Attorney. She further states, "Wendy Scott-Carr does not...you need to keep bringing the testimony back to Peter Florrick." Alicia adds, "that'll get Cary talking to Peter." "That's right. If you want to stop this at the grand jury stage you need to get the State's Attorney to stop it, and he'll only stop it if it looks like it will hurt him," strategizes Ms. Tascioni. Will agrees, "Yes. Good."
Eli phones Alicia from GLAC (Gay & Lesbian Alliance of Chicago), angry that she is not there to campaign against the Defense of Marriage Act, and that Caitlin is there (who he refers to as "Alicia Light"). Alicia asks why Eli wanted her, and he states it's because she's a "gay icon" according to the "gay blogosphere," that she's "one of those spurned wives" whose suffering has made her iconic. Eli states that GLAC has a lot of money to fight DOMA. Alicia tells Eli he is who they want and that Caitlin is smart, studious and the niece of David Lee (the divorce attorney) and that means something to Spencer Roth. Eli is stunned and states that he and Alicia need to talk. Stacie Hall comes from around a corridor, giggling and engaged in animated conversation with a man (likely Spencer Roth), stating "I'll be waiting by the phone...don't you dare...it'll get ugly..."). Eli and Stacie greet one another; she states they shouldn't be enemies, but friends, despite being "all for the same jobs." Eli says they should be "best friends." She asks his pitch on DOMA, and he responds that it's wrong. She giggles and says she wants to learn from him, there's so much she could learn -- and says she wants to have lunch. Eli agrees. She then changes her mind -- instead, she wants hot drinks -- mulled wine with brandy -- they're amazing, and she will call him. Eli grimaces, then phones a male switchboard operator at GLAC, states he is Stacie Hall's assistant having a hard time texting her, that she's currently in a meeting with Spencer Roth and he (Eli) wants to leave an immediate message that her 11 a.m. meeting with Rush Limbaugh has moved to noon.
Back to the grand jury courtroom. When questioned by Scott-Carr, Diane agrees she and Will have known one another for eight years and that they were originally partners in opposing firms. Scott-Carr asks Diane if she knew about Will's troubles at his first Baltimore firm. Diane states she'll need more clarity in order to answer that, and Scott-Carr states that Diane knew that Will took $45,000 from a client's account to pay off a gambling debt. Diane responds that all she knew was what she heard from Scott-Carr when she questioned Diane in her office, and that Peter Florrick, State's Attorney, doesn't feel there's enough there to prosecute him. Scott-Carr states she understands her defensiveness, and Diane responds she thought she was just being clear. Scott-Carr asks her if she has ever been to one of Mr. Gardner's pick-up basketball games; Diane responds, "No." When Scott-Carr why not, Diane responds that she doesn't play basketball. She asks Diane if Will has asked her to go; Diane responds, "Yes." Scott-Carr asks why he would ask her to go if she doesn't play basketball; Diane responds, "he said it was a good place to go to meet judges and prosecutors who matter, for example, Peter Florrick, the current State's Attorney, often participated in the pick-up games." When Scott-Carr suggested that Diane decided not to go to those pick-up games because she thought there was something corrupt about these relationships, Diane denied this and stated again it was because she does not play basketball Further, Diane offered she does not think there is anything wrong with judges and lawyers unwinding over sports and her guess is that the current State's Attorney doesn't think so either, or he wouldn't participate. Dana asks Cary what she is doing, and he replies that Diane is tying Peter Florrick to Will's case. Scott-Carr asks Diane about the McDermott lawsuit, involving a child who died from eating food tainted with peanut oil, a client she (Diane) brought into the firm, but Will took it over from her. Diane agrees. Scott-Carr asks why and Diane responds that Will thought he would be better. Scott-Carr states that Will took the case only after a change of courts, after Judge Parks took over case. Diane agrees. Scott-Carr asks Diane if she explained to her associates that the switch was because Will had a better relationship with Judge Robert Parks. Diane agrees. Diane leaves the courtroom and requests that she and Will talk. Diane tells him there was a lot of questioning about McDermott and wanted to know why they won that case. He stated it was a good case, they argued it well. She doesn't agree, stating it was not a good case and he argued it without her. She asks him how Scott-Carr knew about her conversations with the associates, Will glances at Kalinda and then tells Diane that they should talk.
Kalinda and Dana are in a garaged car; Dana states she doesn't want to see Alicia prosecuted either, but she needs more, that the McDermott file doesn't connect the dots, stating it isn't for her, but for Scott-Carr. Give her evidence on Alicia and they'll tear up the Gardner matter; Kalinda nods.
Ms. Tascion advises David Lee to smile or he will appear hostile in front of the grand jury. She then approaches Will and Kalinda who are chatting privately; they were worried about the McDermott case and the grand jury questions would suggest deeper familiarity, as if someone were providing information to them. Will agrees, says they were just talking about that; Kalinda says she'll check into it and she departs.
Caitlin brings copies to Eli, who in turn hands her a list of items he requests from downstairs, and she departs. Alicia walks into his office and notes the copies are from last year; Eli states he may need them again...Eli states he wants to be freed up so he can work, after Alicia asks who he is acting out against. Alicia suggests he use paralegals, Eli is sarcastic when he states that he wants Caitlin. He states he wants to talk about Alicia's attitude, that he outranks her as an equity partner and he "feels" (marriage counselor-speak) that she is treating him with the same degree of disregard as when he was Peter's campaign strategist; he thinks it is wrong and that they all need to evaluate anew their working relationship there. She agrees and asks what he needs. Eli requests her help with his pitch for GLAC, that Spencer Roth wants the pitch of all of GLAC by Wednesday; she agrees they should begin working on it.
Back in the courtroom, Dana asks David Lee if he still agrees with his Chicago Magazine interview quote, "What I love about Will Gardner is he is as sneaky as I am," to which Lee replies, "I think what I meant 'is sneakily charming'." She then says, "So that's why the next line reads 'The sneaky thing is to cross that ethical line and not lose track of your client' -- is that what you meant?" Lee chuckles, "Uh, something like that." Dana continues, "You did contract work for Judge Parks, didn't you? Lee says he did. Dana continues, "his wife was ill and you helped him with a will and his children's trust..." Lee answers, "If 'by help' you mean he paid me, yes." She asked if he paid less than what usual for this kind of work and Lee said what he paid was fair, considering the will and trust were simpler than most. She asked if Will brought the judge to Lee, and he said that was probably right. She asked if the case was a pay-off for the judge deciding the McDermott case for Lee; he replied it was an odd pay-off to charge him for work Lee did. She asked if this was a conflict of interest and he stated it was no more a conflict than the trust work he did for the current State's Attorney, Peter Florrick, their boss, for which he charged even less than Judge Parks. Lee states, "If this is a conflict of interests, isn't that?" He enters the hallway and says to Will, "that's how a pro does it...you're welcome" telling him they asked all about Judge Parks. Will enters Judge Parks' chambers and Andrew Wiley (with his child in a stroller) follows him into the reception area, inquiring about a rest room with a changing table; Wiley takes a photo of a manila envelope being exchanged from Will to Judge Parks to Will while the receptionist fusses over his child.
Stacie and Eli are sharing their hot drinks; she states she has a sweet tooth and places ample amounts of whipped cream into Eli's and her drinks; Eli finds it very sweet. She has met Eli at noon, to toast "Eli and Stacie, new friends" when she was "scheduled" to meet Rush Limbaugh to argue against DOMA. She states that she desires Eli, every part of him. there on the floor of the bar. At first, he snickers. He then tells her to make the first move, he's ready. She dares him to. He calls her bluff when she does nothing and he tells her it's called Sun Tzu, destabilizing your enemy. He then tells her the only problem with Sun Tzu is he never fought the Jews: "We're Masada, baby, we don't mess around with mind-games, we use knives." After a few more words, she applies whipped cream to his fingers and licks it off. Eli says it's lacking subtlety, as she continues.
Peter and Alicia meet at her home and over wine, says he will talk to Jackie (his mother). Alicia is appreciative and says she doesn't want things turning sour. Peter asks how things are there and Alicia says "good...work is hard, of course, because of this grand jury investigation...." Alicia asks Peter what's going on and he replies he doesn't think they can have this conversation, that it has nothing to do with them, that's why he chose Scott-Carr. Alicia presses and asks how it can not, that Scott-Carr is making it worse. Peter states she is not him; Alicia says it keeps his hands clean at the expense of her firm (and Peter asks, "Will?"). Alicia's boss with whom she's sleeping...Peter yells, "Of course that's the issue!" Alicia states there is nothing between her and Will. Peter states he used to be able to tell when she was lying, manipulating the truth like a pro. Alicia states, "Well, you would know about pro's." Peter says he will not stop the grand jury, like he did in the past -- stopping things that worked that were wrong. Alicia states his problem was that he didn't do things that were wrong, but he did things that were wrong against his family. Peter states that may be so, but Will Gardner is not his family.
Back at the courtroom, Cary questions Judge Parks whether he is a reluctant witness, who states he thinks what is occurring is a witch-hunt, trying to criminalize behavior ("friendships and acquaintances between justices and attorneys outside work") that is far from criminal. When questioned, Judge Parks states, "Upon the advice of counsel, I am here to assert my right under the Fifth Amendment against self-incrimination, even when asked if he met with Will Gardner the day before. The prosecution produces the photo of him with Will taken by Investigator Wiley. Judge Parks leaves the courtroom, asks Will if he is setting him up (because of the photo) and states that Will "brought them" to him -- if Will goes down, he (Parks) is not going down, too, and he walks away. Ms. Tascion approaches Will and Kalinda, stating she can see there is strategy going on there, inquiring whether or not it is legal. Alicia phones Will to recommend he assert his rights under the Fifth Amendment. Will isn't sure, but states his attorney wants him to. She says she is sorry, he tells her not to be. She insists she is, Will tells her then be sorry this is happening, not because of anything else. She tells him, "Do good." He replies, "Always."
David Lee enters Eli's office, tossing files off Eli's desk. Eli calls for Caitlin to pick up the files. Lee tells Eli Caitlin will not be picking up the files, and Eli states, "It's such a double-edged sword; nepotism gets you the job while you have to clean up all the poop your uncle should. Lee inquires how the campaign is going for Peter Florrick, stating he hopes "well" because Alicia and he have been chatting, attorney-client privilege and he can't share any information. Caitlin enters, Lee says Eli doesn't need her and she leaves. Lee tells Eli that he loves his niece, she is all that is good in the world and Eli ought to "clean that up."
Back at the courtroom, Scott-Carr asks Gardner if he met with Judge Parks the day before. Will answers he did. She thanks him for not pleading the Fifth, presents a photo of him (which Will acknowledges) and asks what is in the envelope. Gardner replies, "Money." Scott-Carr appears to be very confident. She asks if there was an agreement between him and Judge Parks based on the exchange of that cash, and he answers there was. Pressed further, he states it was for Judge Park to give to UNICEF for their immunization drive in Uganda. Scott-Carr begins to stammer, questioning how much money it was; Will tells her $2000. She asks if Gardner thinks $2000 is a lot of money to go to UNICEF; he agrees with her that it is, because he thinks children in Uganda should be immunized. She asks Will if it isn't "just a little bit suspicious" that he gave Judge Parks money on the eve of his testifying at the grand jury. Will states he hadn't thought of it. She asks why they should trust the money was for UNICEF. He offers to and produces a receipt. Scott-Carr places a copy of an email (received from Dana) purportedly from Will to Judge Parks exchanging information about which settlement would be agreeable to his client. Will asks her, "Really? Where did you get it?" She asks if the emails are from him to Judge Parks; he replies they are not. She asks him to read to whom the emails are addressed. He states it says Judge Parks, but someone must have typed over the real addressee. She asks why someone would do that. Will states he has no idea and produces original emails. Scott-Carr states she wants to go back to Judge Parks and doesn't want to know about the original emails. Will testifies anyway, stating they were addressed to his partner, Diane Lockhart and that it's only natural to discuss the award amount. Scott-Carr tries to quiet Will and demands that information be struck from the record.
Kalinda is outside the courtroom and Dana approaches her, stating, "You fooled me?" Kalinda replies, "Yeah...go ahead...hit me...it'll make you feel better. Dana slaps Kalinda's cheek and departs. Will leaves the courtroom, gesturing to Kalinda a right 'thumb's-up' and whispers to her that he "owes" her. Kalinda replies that he doesn't, smiling. Ms. Tascion approaches them stating she (Scott-Carr) promises a new subpoena and she figures it will become personal. Ms. Tascion realizes Will gave Scott-Carr the McDermott case as bait so she wouldn't go where he is vulnerable (by serving a subpoena on Alicia).
At GLAC, Caitlin asks Alicia if she's heard from Mr. Gardner and if she knew why Mr. Gold is being "so cold" to her now, not talking to her. Alicia tells Caitlin she though Eli was overworking her and distracted and not to worry. Caitlin tells Alicia she wanted to tell Eli something about the meeting, but he won't listen. Alicia asks, "What?" Stacie phones Eli to tell him she's in her bed, thinking of him, that he shouldn't have 'wimped out last night'; Eli responds that she's just trying to throw him off of his meeting with Spencer Roth which is to occur in five minutes. Stacie agrees (although she is shown to be in bed), Eli states he is not "thrown" and something about 'kicking her ass'. He introduces Roth to Alicia, Roth gives her a compliments about her suit and Alicia asks Roth if he would just give the three of them (Eli, Caitlin and herself) a few moments to themselves. Alicia prompts Caitlin to tell Eli what she learned; he appears exasperated with her. Bottom line, GLAC is not about DOMA; it didn't add up to Caitlin that GLAC would be searching for a crisis manager to fight against DOMA when, as she learned by studying for the meeting, that the national committee was handling it; further, in reading some gay blogs she learned that Spencer Roth wrote a letter in support of the proposed AT&T merger with T-Mobile as "Acting-Head" of GLAC; AT&T supposedly gave GLAC a $60,000 grant last week. Alicia adds that this is about damage control - the GLAC board does not want to be criticized for its involvement in the merger; they're attacking DOMA to sidestep publicity that they're really shopping for crisis managers. Eli realizes they have to change their pitch immediately and suggests "attacking the GLAK board is attacking gays" and he asks if Alicia thinks it is too cynical. Alicia tells Eli to thank Caitlin, and he does. Alicia's phone rings, she says it's about Will and she departs.
Ms. Tascion and Alicia are speaking at the courthouse about Scott-Carr targeting the McDermott case and Alicia is questioning why she is being subpoenaed, despite never working on that case. Ms. Tascion suggests Scott-Carr will probably probe Alicia about things Will did that she could paint as legally questionable, reminding her a prosecutor can ask anything at a grand jury hearing. She asks Alicia what she knows that could hurt Will.
In the courtroom, Alicia is spelling her last name and states it's the same spelling as her husband's, the State's Attorney. Scott-Carr asks if they've met before and Alicia responds that they have, at last year's State's Attorney elections (and she had lost, to Peter). She asks Alicia how long she has worked at Lockhart & Gardner and who hired her: two and one-half years and Will Gardner. Alicia affirmed that she and Will were friends in college, at Georgetown. She asks Alicia how long it had been since she had last practiced law: 13 years, to raise her children. "A 13-year layoff; that was quite generous of Mr. Gardner," quips Scott-Carr. She asks Alicia if she has ever seen Mr. Gardner do anything she would consider illegal, and she replies, "Not that I recall." Scott-Carr then asks if, since joining his firm, Alicia has been engaged in a sexual relationship with Mr. Gardner; Alicia questions the relevance of her query. Cary approaches Scott-Carr, telling her this line of questioning is inappropriate. Scott-Carr tells Cary the jury needs to know if she has an incentive to protect him. Cary tells her he speculated about the Alicia-Will relationship with her in confidence. Scott-Carr states that if he is uncomfortable, he is free to "step out." Scott-Carr asks Alicia again, and she answers affirmatively. She asks Alicia if their sexual relationship is still active; Alicia states it is not. Scott-Carr asks for the start and finish, Alicia states it began in spring and ended a few months ago. Scott-Carr then asks if during the course of this relationship with Will if her office was moved to the 28th floor, the floor of the senior partners; she states it was. Alicia rises from her seat and begins to leave after Scott-Carr asks whether during that time she was advised she was on track to make partner. Scott-Carr advises her to sit, declares she is not excused. Alicia states she is out-of-control. [During her questioning, Alicia glances at Cary a number of times; he appears unsettled.] Scott-Carr tells her she will be held in contempt if does not return to her seat. Alicia replies, "Fine, arrest me!" and departs.
Ms. Tascioni and Alicia cross paths on the street and Alicia learns the grand jury transcript will not be made public unless Will is indicted, that it's 'state-sealed.' Alicia tells her she has to get home to her children.
Eli meets Stacie at the same bar, having ordered the same drinks and whipped cream they shared previously. Stacie wants to know what the surprise is; Eli says it's that he desires her, too. Stacie repeats his earlier words, "just trying to throw me off my game," and he agrees, but stated he still desires her. She suggests they go do something about it: his apartment is 15" away, hers is 10"; they tease about playing chicken, swerving off the road and crashing, then they kiss. He then tells her he got the GLAC account; she doesn't believe him. He states he got the call about an hour ago and he still desires her "the way a victor desires his spoils." He asks how she is going to 'play this' -- "contrite and compliant or tough and brash" -- she says they should go and have intercourse. She leaves while Eli settles the tab.
Back in the courtroom, Scott-Carr addresses the jury stating, "...if there are no further questions, the people of Illinois ask that you vote a true bill to indict Mr. Gardner on the charges of conspiracy to commit bribery and interfering with a judicial officer, Class 3 and Class 2 felonies. Please signify by raising your hands." A female juror has a question: "Who is this Peter everyone was talking about?" Cary responds that it is Peter Florrick, State's Attorney, who hired Ms. Scott-Carr to conduct investigation. The juror then asks if it isn't weird to bring in his wife and Scott-Carr replies they are only permitted by law to answer questions about the facts of the case. The juror continues, "I mean, who cares who she sleeps with...I mean, if she's getting some, great." Another juror states, "Here's what I don't get. Why even go after Will Gardner? Why not that judge guy? ...And, at least Will Gardner answered the questions; the judge just kept taking the Fifth." A juror asks, "Maybe this judge knows Peter Florrick. Maybe they should both be arrested." Another juror, "I think Florrick and the judge are in it together." Others agree.
Eli and Stacie have are through with intercourse and asks Eli to hand her robe to her, uncovering a booklet with Virginia Gold for State Senate. Stacie states it's "just a mock-up" and talks about suggesting a deeper blue border to make it "pop." Eli asks if she's working on his ex-wife's campaign, and Stacie replies "only 'cause she asked me; she threw me a lot of business in D.C." Eli states that's why he's there, gestures while leaving. Stacie tells Eli she desires him.
Alicia is at home when her children arrive and they ask if something is wrong; she says there isn't, but she just wants to talk to them. The phone rings, Kalinda tells Alicia there's no bill. "They didn't indict a ham sandwich...Will's free." Kalinda invites her to the office where they're having a party. Alicia declines and thanks her for calling. Will asks his attorney to dance, and she declines. Diane and Will greet and Will says that was "a close one." Diane agrees asks they try to reduce the excitement level and joins Will for a dance. The Florrick children ask if the phone call was work and if it was good and remind her they were going to talk. Alicia states it was and that she hasn't been the best mother, that she wants to change all that -- she thinks she should take a week off from work and they should take a vacation.
Peter states he wants to thank Ms. Scott-Carr for her service and says she is excused. She says they can still indict Will Gardner, with the next grand jury. She says there are "other ways." He asks, "By calling my wife?" She replies it was a strategic move, thanks her again for her service and offers his assistant will validate her parking. She turns to leave and halts, saying she's sending Will Gardner's infractions to the bar association and if Peter won't pursue him, they will. He tells her to do what she has to do and to leave his office.
[The next new episode of 'The Good Wife' will air on February 19, 2012.]