Take This Sabbath Day

Friday Evening, U.S. Supreme Court: An application for a stay of execution is denied. The prisoner, as yet unnamed, is remanded to a federal facility in Terre Haute, Indiana, to be executed by lethal injection, Monday morning at 12:01 AM. The prisoner's three lawyers look dejected.

Out in the corridor, the prisoner's three lawyers are arguing madly about who they could possibly call at the White House. One guy thinks they don't know anybody there who has "the ear of the President," but the biggest guy says, "Sam Seaborn." Apparently the big guy used to beat Sam up in high school, which seems pretty plausible. They decide to see if Sam will take a call from them.

Over at the White House, Josh is telling Donna that he's leaving. Donna reminds him that he needs to see Sam, and walks beside Josh and checks to make sure he's going to behave himself tonight.

Josh: It's a bachelor party!
Donna: That's what I'm saying.
Josh: I can hold my liquor!
Donna: No you can't.
Josh: I can drink with the best of them!
Donna: You can't drink with any of them, Josh.
Josh: I'm in politics, okay? I can drink.
Donna: You have a very sensitive system.
Josh: I wish you'd stop telling people that. It makes me sound like an idiot.

Donna harangues Josh about how he'll spend the weekend sleeping off two drinks. Josh points out that it'll be his first opportunity in ages to do anything other than work all weekend. Donna asks if there are going to be strippers at the party; Josh vigorously denies it. "Men don't like that anymore." This is news to me, as it apparently is to Donna: "Men don't like naked women anymore?" Josh replies, "No, we still like naked women a lot...it's looking at them in a room full of your best friends that makes you a feel a little..." Donna: "Sleazy?" Josh: "Uncomfortable." Just then Sam rounds the corner and Josh asks him what he needs. Sam yells out to his secretary who's off-screen: "What do I need?" A voice calls back, "O'Dwyer!" Apparently Sam needs Josh to meet with O'Dwyer's campaign manager, Joey Lucas, to explain "what's going on," although that's as specific as Sam gets. Sam seems to have scheduled a meeting with O'Dwyer's people for early Saturday morning, but seeing as Sam is planning to go sailing, he'll need Josh to meet with them. Josh is annoyed and bounces up and down in frustration, saying, "Aw, come on! On a Saturday?" Sam insists that it will take ten minutes, fifteen, tops, and that O'Dwyer's people will be thrilled to meet with Josh Lyman. Josh want to know what he's supposed to tell them; Sam suggests Josh tell them the truth. Josh snorts and says, "I don't think so. What else you got?" Suddenly Donna's at Sam's door inquiring, "What time?" and Sam tells her ten o'clock. She relays this information to Josh, as if he isn't standing right there: "You have to be here at ten tomorrow morning." Josh corrects her: "We have to be here at ten tomorrow morning." Donna's pretty miffed and gives Josh a pouty face. She complains that she had things to do -- shopping, for "whatever." Josh says it'll take ten minutes and when it's over, he'll buy her some shoes. At this, Donna brightens up. Josh and Donna leave as Sam yells that he's "bringing back the Cup" from his sailing race. Josh advises him, "Sam, just stay in the boat this time, and I'm a happy guy." Sam yells that he has foul-weather gear, as he wanders back to his office. He banters with his secretary about how he's done, and going to be unreachable for the weekend, cut off from the White House, and he's not taking his pager or his cell phone. His secretary makes encouraging noises in response to all this. Sam changes his mind a couple of times about taking the pager and/or cell phone, finally deciding to leave them, as originally planned. As he grabs his gym bag and hustles off, his phone rings. He hesitates, but turns off the light and closes the door. Of course, within two rings, he's back to pick up the phone. Roll them credits.

After the commercials, Sam is talking to the lawyer guy who used to beat him up, whose name is Bobby. Sam's asking if the guy is guilty. Bobby avoids the question, trying to draw Sam's attention to that fact that his client killed a couple of drug kingpins. Sam: "You want me to argue it was a public service murder?" Then Bobby's talking about some guy named Harry Blackmun, who must be the judge in this prisoner's case, and how he reversed himself on the death penalty in 1994. Sam says Bobby doesn't need to quote Blackmun to him. Bobby goes into bully mode, pointing a finger at Sam's chest and telling Sam to go to the President and tell him he can't "run from this one," and that POTUS has to consider his client. Sam calmly tells Bobby that he doesn't speak to the President that way, and that nobody does. Sam adds, "And I gotta tell you, not that many people talk to me that way anymore." Bobby mentions he's got forty-eight hours to save his client's life and asks if Sam is going to make things personal. Sam inquires as to how Bobby ended up at the Public Defender's office; it sounds like Bobby lost a job at some prestigious law firm. Sam mentions that POTUS is very serious about the separation of powers. Bobby quotes the Constitution, which states that the President shall have the power to grant reprieves and pardons for offenses against the United States. They argue about whether or not the President should intervene once the judicial branch has spoken; Bobby asks if that's what the President is going to "hide behind." Sam points out that POTUS isn't hiding from anything; he's on Air Force One returning from Stockholm. Bobby wants to know whether Sam will speak to POTUS as soon as he arrives on Saturday morning. Sam tells Bobby that he'll pass it up to Toby Ziegler, since he won't be around himself. Bobby attempts to ensure that Toby will speak to POTUS first thing in the morning; Sam indicates that, since it's Saturday, Toby will probably be at temple. Bobby wants to know which temple. Pushy, much? Sam doesn't know which one; Bobby presses him and Sam finally says that he thinks it's on Delaware. ["Hey, that's my street! Shout-out?" -- Wing Chun] Bobby thanks him and bombs off.

Back at the White House, Sam runs into Leo. Leo questions him about what happened with the case, and we find out the prisoner's name: Simon Cruz. Sam tells him it was denied; Leo indicates that he thought it was being sent back to the Sixth Circuit. Sam says it didn't happen and the appeal was denied five to three. Leo says that wasn't supposed to happen; Sam tells him they've got to get Mendoza on the bench. Leo points out that if Mendoza had been on the bench the vote would have been five to four. Sam points out that the execution is in two days and that the ball is in their court now. Sam and Leo agree that they're not so sure that POTUS wants the ball in their court. Leo tells Sam he'll let POTUS sleep a bit after he arrives in the morning and then speak with him about the case. Sam is going to brief Toby. Just as Sam's leaving, Leo inquires about the reason for the two-day delay before execution. "Why isn't he being executed at midnight tonight?" Sam: "We don't execute people between sundown Friday and sundown Sunday." Leo: "Why?" Sam starts to explain, "Hard as it may be to believe..." but Leo figures it out first: "We don't execute people on the Sabbath." Leo thinks that's about the most bizarre thing he's ever heard, but Sam suggests that Leo will probably find throughout the weekend to come that "there's virtually no part of this discussion that isn't bizarre." Sam leaves as Leo requests that he "hold on to a rope or something." Clearly Sam's colleagues don't have a great deal of faith in him as a yachtsman.

Sam starts to sign out, but then goes back to his office and begins looking stuff up in a big fat reference book. He leaves his coat on, but sits down and turns on his desk lamp.

Saturday, 9:00 AM: Donna arrives only to find Josh asleep on the floor of his office. He's sleeping in front of his desk, with his wadded-up jacket serving as a pillow, snoring grotesquely. Donna looks disappointed but not particularly surprised. She calls his name loudly and he wakes up with one last congested snore and a cough, sitting bolt upright. He has a pair of red lace panties around his neck and he looks god-awful, but says "Hi." Donna asks whether he spent the night there. He says he's only been there a couple of hours. Turns out the party went on until the wee hours. Donna has to ask him a couple of times why he didn't go home. As he pulls the underwear over his head, he says he couldn't find his keys, or remember where he lived. As he stands up, he says he thinks there might have been strippers at the party. He shakes out his jacket as Donna makes a disgusted face and says, "Oh, my God!" Josh shushes her. "What happened to your clothes?" she asks. Josh: "I may have wrinkled my suit." Josh makes a praying gesture with his hands and begs her to speak very softly. She's still a tad shrill as she asks how he got like this. Josh tells her that people were pouring champagne over each other. Donna: "And then wrestling in dirt?" Josh: "I can't remember, but it's certainly not out of the question." He folds his arms and regards her, squinty-eyed. She's still giving him disgusted looks and reminds him that he has a meeting. He remembers, or he thinks he does. Actually, he's a little vague on the details so Donna reminds him that it's Joey Lucas about O'Dwyer. She also tells him, while trying to politely shield her nose, that he can't wear those clothes. He insists he's fine, but Donna goes off to find other clothes asking, as she goes, "Are you going to listen to me from now on?" Josh: "I'm not even listening to you now." Donna, shouting: "I said, are you gonna listen..." Josh, also loudly: "Yes! Yes! Yes! Yes! Yes!" Then his head plops down on his desk. Josh, old buddy, you might want to stick to Shirley Temples and Virgin Marys.

A shot of the Presidential limo. C.J., POTUS and Charlie are disembarking Air Force One, returning from Stockholm. Leo's there to greet them. A long flight with POTUS seems to have left C.J. a little testy.

POTUS: C.J., look...
C.J.: Don't start with me, Mr. President.
POTUS: I was helping pass the time. I was being entertaining as well as instructive.
C.J.: I am back in America now. I have rights. I'm no longer belted down to the passenger from hell.
Leo: Welcome back, Mr. President.
POTUS: Leo, what are you doing here?
Leo: I need a minute, sir. How was the flight?
POTUS: Great!
C.J. It was gruesome. "If you'll look out the left side of the cabin, you'll see the fjords." Then we got a history of the fjords. Then we got a quiz on the fjords. Do you have any idea how much I would like to dress you up in lederhosen and drop-kick you into a fjord?
POTUS: Aw, you don't know how to have fun when we're travelling.

As C.J. and POTUS continue griping and get into the limo, Charlie quietly remarks to Leo, "It was quite a trip." Leo mutters to himself, "It's not over yet," and climbs in after them.

After a few words from our sponsors, Donna comes back to Josh's office bearing some coffee and a pair of bright yellow hip-waders. Josh looks at the pile of yellow rubber on his desk and asks, "What's that?" Donna replies, "It's Sam's foul weather gear. Drink this." She mentions that the coffee's strong, and that he should drink it all. As she whips out of his office for a minute, Josh takes a mouthful. He immediately just opens his mouth and lets the coffee slop onto his undershirt, which is, of course, showing, because his clothes are so disheveled. Way to be even more disgusting, Josh. Donna mentions that "it's from yesterday, so it might not be hot anymore." She says he has forty minutes before his appointment arrives, and to put the hipwaders on. He doesn't want to, but she says there's a one-hour dry cleaner on Connecticut. He reminds her that his appointment is in forty minutes. Donna tells him that "Zuzu'll do it in half an hour." Josh wonders who Zuzu is; Donna explains that Zuzu is the dry cleaner, and tells him to just change his clothes already. Josh complains, "I'm going to look like the Gorton's fisherman in this thing." But that guy probably smells better than you do right now, Josh. He reluctantly grabs the gear and starts taking off his shirt and jacket.

we're at Toby's synagogue. It's a very lovely temple, too. The rabbi is beginning his sermon, aking reference to Passover being on the horizon, and Jews gathering for seder meals, singing songs and reciting the traditional Passover questions. Toby's pager starts beeping like crazy, and it's a pretty loud one, too. I have trouble believing that Toby wouldn't turn the thing off, or to a vibrating setting, during a religious service, but for dramatic purposes I can see why they wanted to create a disruption. Toby grapples with the pager for a few seconds before managing to turn it off and look at it, all the while getting some stink-eye from other worshippers. He leaves his seat as the rabbi is telling his congregants that the Haggadah (the narrative, read at Passover, that details the story of Israeli enslavement under, and escape from, Egyptian rule) reminds them that "violence begets violence...vengeance is not Jewish." Toby goes to the entryway and phones Sam. He's annoyed to have been disturbed during the service and wants to know what Sam wants. Sam asks if his rabbi is giving a sermon on capital punishment. Toby's puzzled but holds the phone on his shoulder for a moment and listens as the rabbi states that no matter how strong the desire for retribution, that Jews are commanded to relocate their humanity, and he reiterates, "Vengeance is not Jewish." Toby wants to know how Sam knew that. Sam says that he'll explain when Toby gets over there. Toby wants to know why he has to come to the White House; Sam tells him that the appeal was denied. Toby says he's on his way. Just as Toby's hanging up his phone, and the rabbi is saying the word "quietly," he leans ever so slightly on a stack of folding metal chairs and knocks them all down with a tremendous clatter. Poor Toby.

Suddenly we get a bit of hangover-cam as someone zooms into Josh's office; he's got his head down on his desk and he's still wearing the hipwaders and an undershirt. He looks up, completely bewildered, to see an angry-looking woman (Marlee Matlin) gesticulating vigorously and a man at her side, barking, "Are you the unmitigated jackass who has the DNC choking off funding for the O'Dwyer campaign in the California 46th?" Josh asks, "What in God's name is happening right now?" The man says, "I'm Joey Lucas." Josh asks the man, "You're Joey Lucas?" The woman signs to the man and he says, "No, I'm Joey Lucas." This doesn't help Josh, who pleads, "Help me, 'cause I...I don't..." The man makes a sign-language gesture to the woman which I will take to mean, "This guy's baked," and the woman says, in her own voice now, thoroughly exasperated, "You idiot! I'm. Joey. Lucas!" Suddenly Josh gets it, and introduces himself. He's still trying to wrap his mind around things, and Joey, with her interpreter's help, asks Josh what he was expecting. Josh is too addled for anything but the truth and says, "A man." She points out the obvious -- that she's a woman -- and starts in about how she has three sources, two at the DNC...but before she can continue, Josh stands up and she looks at the Gorton-gear and the coffee-stained undershirt, says in her own voice again, "What the hell are you wearing?" Josh sputters something about spilling stuff on his clothes and suggests they all take a deep breath for a second while he tries to remember where he is right now. He walks closer to Joey and she asks if he's drunk. Josh: "I have a very delicate system." Hee! She tells him she's "totally serious about this" and that she's trying to get a guy elected to Congress and wants to know why the White House is screwing around with her. Josh's stupor is palpable and I must hand it to Brad Whitford. Just then Donna shows up with his dry cleaning and Josh says, "Thank God." Josh makes some introductions and then excuses himself to change his clothes. Joey holds her nose as Josh brushes past her and he promises to be right back. Josh complains about how long it took Donna to get back. As Josh nips into what looks like a coffee room or something (unless they put bulletin boards in the washrooms at the White House), Donna tells him he needs to go see Sam, because the appeal was denied. Josh tells Donna to make sure his visitors are okay, as it may take him a few minutes to go see Sam Actually, in his present state, I think it may take him a few minutes just to get the hipwaders off.

Over in the communications area, Toby wants to know why his rabbi is writing sermons directed at him. Sam explains that Bobby Zane, a public defender, spoke to Toby's rabbi. Toby wants to know how Bobby Zane knows which synagogue he attends, or how he knows that Toby attends services at all. Just then Josh shows up, saying he thought the case was being sent back to the Sixth Circuit. Toby thought so, too. Apparently they're all going to be getting a briefing from Justice very soon. At this point we see that Mandy "Amandeleine" Hampton is there too, perched on a desk. Josh asks when the execution is; Sam says Sunday at 12:01 but Mandy corrects him and says that it's on Monday at 12:01. Josh confirms that the execution is to take place by lethal injection. Mandy finally inquires, "Josh, [did] you sleep in a dumpster last night?" Josh: "Possibly." Josh asks Sam why he isn't sailing right now; Sam simply replies, "I stayed." Mandy asks whether there's any evidence that capital punishment serves as a deterrent. Sam says the evidence is speculative at best. Mandy also wants to know the stats on federal executions and the President stepping in? Sam knows: 1963 was the last year in which a president stayed an execution; the last president to commute a sentence was Lincoln. Mandy: "Abraham?" Josh: "No, Bert Lincoln." Snicker. He starts to snipe at Mandy. Then he says, "I don't want a debate on the death penalty. Let's get some stuff together and get ready for the President." Toby's watching them all with his arms crossed and the expression of a dismayed father on his face. Mandy says she needs to work with C.J.; Josh says he's got to get back to his office. He mentions to Sam that Joey Lucas is waiting for him in his office. Sam asks what he's like, to which Josh replies, "Well, for a campaign manager he's got very nice legs." Sam: "He's a woman." Josh: "Yes, he is. He's also deaf, and very pissed." Josh rushes off, saying he'll be right back. Sam goes back to his papers. Toby's still standing there with his arms crossed. I think somebody else is very pissed. Toby says, "Sam." Sam: "You know, there's room to give the President some judicial cover if he wants to commute." Toby repeats, "Sam." Sam: "This guy was convicted of three murders by a Mexican court. What does that matter to us? During the penalty phase, the trial judge let the prosecutor introduce the evidence of the Mexican convictions." Toby: "I know." Sam: "The Mexican courts are ridiculous, Toby! That never..." Toby: "How did the public defender know I was at that temple?" Sam keeps rambling about the case, and Toby asks again how the Bobby Zane knew where he would be this morning. Sam snaps, "I told him!" Toby wants to know what Sam thinks he's doing, giving out that kind of information. Sam knows it was wrong. He doesn't know why he did it; Sam claims that it seemed like the thing to do at the moment. Toby tells Sam that POTUS is not going to commute the sentence. Sam argues, "We don't know what the President's going to do." Toby asks him, "It seemed like what you should do?" Sam says, "Yeah." Toby says, "Okay," and walks away. Toby gets mad, but he seems to have trouble following through.

Leo and POTUS in are in Jed's bedroom discussing the Cruz case. As Jed changes into what I believe is a Notre Dame sweatshirt, Leo informs him that Cruz was convicted four years ago by a Michigan district court and that the Sixth Circuit turned down his appeal. He further explains that the Supreme Court granted him a stay, heard the case, and as we already know, turned down the appeal. Jed says that they've got to get Mendoza on the bench. Leo tells him, "Well, that's Monday's problem. Your problem's today." POTUS wants to know why it's his problem at all, as opposed to, say, being the governor of Michigan's problem. Turns out that Cruz was prosecuted by the U.S. Attorney under the 1988 drug kingpin bill that was modified into the 1994 crime omnibus bill, which allows for the death penalty in certain drug-related homicides. Leo expects that the deputy Attorney General's office is going to have a briefing ready for POTUS in about an hour. Jed says he's going to want to see his "people" over the few days; Leo lets him know that everyone's either already there or on his or her way. POTUS says, "I'm not going to be very good at this, Leo." Leo responds, "Well, you'll be joining a pretty big club, Mr. President." Leo says that he'll call POTUS when the briefing is ready, and takes his leave. Jed calls Charlie in and requests that he get hold of a priest, named Thomas Cavanaugh, in Hanover at the Immaculate Heart of Mary. He tells Charlie he'd like to arrange for Father Cavanaugh to come down and spend some time with him this weekend, and that it will be on Jed's nickel because it's very important that the White House not pay for Cavanaugh's trip. Jed starts to request something else, hesitates, and then informs Charlie that he's going to want to talk to the Pope. Jed also wants to ask Charlie a question: "And this is one of those times when it's okay to tell me I've stepped over the line, and I should shut my mouth, okay?" Charlie's okay with that. Jed: "What happened to the guy who shot your mother?" Charlie says he hasn't been found yet, and looks at the President very, very soberly. POTUS: "If they did, would you want to see him executed? Killing a police officer's a capital crime. I figure you must have thought about it." Charlie: "Yes, sir." Jed: "And?" Charlie: "I wouldn't want to see him executed, Mr. President." There's a pause, and Jed nods understandingly, and seems unsurprised. Charlie adds, "I'd want to do it myself." Jed seems a little taken aback but nods again, saying, "Yeah." Charlie takes off to make the arrangements, and Jed wanders over to his bed and leans on the high wooden footboard.

C.J. is walking through an open office area talking to her secretary, Carol, and saying that she'll need biographical information on Simon Cruz. Carol asks if it's spelled C-r-u-z. C.J. doesn't know. Carol asks what kind of biographical information she needs. C.J.: "We're going to need to know how to spell his name, for sure." C.J. and Carol pass behind the President's little walking tour and disappear into another corridor. Jed's making small talk with Joey, asking if she reads lips (she does), and whether her name is short for Joanne (nope, Josephine) and whether her last name is Polish (it's Dutch). He asks if she's Protestant; she's Quaker. They've arrived at the Oval Office. Joey seems suitably awed. POTUS invites them to sit down; Josh hangs back, standing behind the chesterfield. Jed asks Joey where she went to school. Joey attended UCLA and Stanford. You can just about hear Josh thinking, "Another paranoid shiksa feminista from the West Coast." POTUS is done with the small talk; he wants to pick Joey's brain. He mentions Simon Cruz's case and asks what she thinks he should do. She thinks a moment and then says, "Stay the execution." Jed wants to know why, of course; she thinks the state shouldn't kill people. POTUS informs her that he was found guilty of a double murder as well as drug trafficking. Joey thinks he should be sent to prison, and confirms that she's against capital punishment. I'm not sure what else he'd expect from a Quaker. She's probably not wearing a T-shirt under her camel coat that says, "Kill 'em all and let God sort 'em out!" The President wants to know if she studied St. Augustine and Thomas Aquinas at Stanford; she did. "Two pretty smart guys, right?" asks Jed; Joey agrees. POTUS says, "They believed in that part of the Old Testament which said, 'Who sheddeth a man's blood, by man shall his blood be shed.'" Joey replies, "And Immanuel Kant said that the death penalty is a categorical imperative. But, Mr. President, those writings are from other centuries." Those other centuries when nobody murdered anybody? POTUS points out that a Harris poll says that seventy-one percent of Americans support the death penalty. Joey's rejoinder is that that's a political problem. POTUS remarks that he's a politician. He then gestures subtly to Josh to indicate that this little impromptu meeting is over. Josh thanks Jed and gestures to indicate they should be going, but Joey sees her opportunity and explains who she is and why she's come to the White House. The President doesn't mince words and says, "O'Dwyer's an empty shirt." Joey's puzzled. POTUS explains, "I don't like guys that run for Congress because they think it's a great gig. Find yourself a live one and I'll get interested. In the meantime, the devil you know beats the devil you don't, and I like the devil I got." She starts to protest but Jed's firm and tells her Josh will take care of her. Out in the hall, Joey tells Josh through her interpreter that they're going back to the hotel. Kenny also says that it was nice meeting Josh. Josh calls after her that it was nice meeting her, too, but Kenny explains that it was only him saying it, not Joey. Josh asks, "You didn't have a good time meeting me?" She turns around and gives him a "Screw off!" gesture, and before Kenny can interpret, Josh states, "You know, I think I know that sign." Kenny interprets Josh's comments for Joey and she starts to sign something else, which looks to me like she's spelling something quickly and then takes off. Josh says, "I don't know that one...but I can probably guess."