THE WEST WING "ON THE DAY BEFORE" TELEPLAY BY: AARON SORKIN STORY BY: PAUL REDFORD & NANDA CHITRE DIRECTED BY: CHRISTOPHER MISIANO TEASER FADE IN: INT. A FLIGHT OF STAIRS - NIGHT A man in a suit we'll know later as KOVALESKI is accompanied by a uniformed guard as they go down the stairs. In Kovaleski's hand is a blue file. We follow them downstairs, into the hallway, and into an office labeled OFFICE OF THE EXECUTIVE CLERK. Kovaleski opens the door to the dark office as the guard follows behind him. The only man in the room, DONALD DOLAN greets them. DONALD DOLAN Good morning. KOVALESKI Are you Dolan? DOLAN Yes, and you're Mr. Kobaleski? KOVALESKI Kovaleski. With a "v." DOLAN We spoke on the phone. As I said I'm the only one here right now. KOVALESKI That's okay. DOLAN There's usually seven of us, but... KOVALESKI Yeah. DOLAN And I'm new. It's the end of my second week. KOVALESKI Do you know what to do? DOLAN I call the deputy chief of staff. KOVALESKI And you tell him the Clerk of the House has delivered a bill. Then you bring it to the President for his signature or veto. DOLAN Yeah. KOVALESKI Okay. Here it is. He hands Dolan the blue file, which turns out to be the death tax bill, and heads out. DOLAN Thank you. Dolan picks up the phone and dials just as Kovaleski exits with the guard in uniform. DOLAN Yes. This is Mr. Dolan in the Executive Clerk's Office. I'd like Mr. Lyman, please. CUT TO: INT. JOSH'S OFFICE - NIGHT Donna is busy tying Josh's bow tie. Josh is dressed up for a formal occasion. DONNA Why don't you just wear a pre-tied tie? JOSH 'Cause it's not the same. DONNA It looks the same. JOSH At the end of the night, you want to be able to pull it open, like Tony Bennett. DONNA You think the tie is the only thing standing between you and Tony Bennett? JOSH He's also shorter than I am. DONNA Do you know when you're bringing Buckland back here? JOSH [sighs] I was gonna do it before the entree. DONNA You should do it after the entree. JOSH Why? DONNA I don't know. It's more polite. JOSH Is there etiquette for this? DONNA No. JOSH Then why are you bothering me? Josh's phone rings. DONNA I need to talk to you about something. JOSH My phone's ringing. DONNA Yeah. JOSH You want to answer it? Donna finally finishes with the bow tie. DONNA Can we talk sometime tonight? Maybe after the cheese course? JOSH Donna? Donna turns and picks up the phone. DONNA Josh Lyman. Yes. [hangs up and turns to Josh] It's here. JOSH Call around. CUT TO: INT. C.J.'S OFFICE - NIGHT C.J., dressed in a beautiful red evening gown, is putting her shoes on. Toby, on the other hand, is waiting by the door. C.J. Quiz me. TOBY I don't think I will. C.J. Quiz me. TOBY You're a lively conversationalist. You won't have any problem getting... C.J. Quiz me. TOBY Who are you sitting next to? C.J. Dr. Kary B. Mullis, recipient of the 1993 Nobel Prize for chemistry. Born 1944, North Carolina. He earned his Bachelor's Degree from Georgia Tech and his PhD. in biochemistry from my alma mater, U.C. Berkeley. TOBY If all he wants to talk about is where he's from, where he went to school, and what his name is, you'll be fine. Carol shows up at the door. CAROL C.J.? TOBY It's here? CAROL Yeah. TOBY Uh... C.J. (to Toby) I'll meet you there. Toby exits into the hallway, where he joins Sam. They're headed for the Oval Office. SAM Toby? TOBY Uh, it's here. SAM Yeah, I know. Listen. The Social Office called. TOBY And? SAM They said the Republicans who RSVP'd for the dinner aren't gonna show up. TOBY We knew that might happen. SAM Well, it happened. You think we should... TOBY What? Put it off? SAM Yeah. TOBY I know. SAM I'm saying... TOBY The President said he was gonna veto the bill. C.J. announced he was gonna veto the bill. He's gonna veto the bill. CUT TO: EXT. THE WHITE HOUSE COLONNADE - NIGHT Bartlet, formally dressed as well, is walking with Leo. BARTLET There was a reason they had to cancel. LEO There's an emergency meeting of the Republican Leadership. BARTLET What do you think they're gonna be talking about? LEO I think they're planning a surprise party. BARTLET They could have left after the entree. LEO Yeah. BARTLET They're gonna miss hot pumpkin soup with a cheese gnocchi and a chevre brioche. LEO Yeah. They reach THE OVAL OFFICE. BARTLET That's a pretty big price to pay just to override my veto. LEO Maybe they think they've got the vote. BARTLET What are you saying? LEO Maybe something shifted in the last couple of hours. BARTLET Leo... LEO They just sent the bill out five minutes ago. They know you're gonna veto. Why schedule an override vote right now? BARTLET So I'd think twice about vetoing. LEO Well, that's what I thought too. BARTLET And now? Leo shrugs a little as Josh enters. JOSH Good evening, Mr. President. BARTLET Where is this thing? JOSH It's on its way. BARTLET You know what we're starting with tonight? JOSH No, sir. BARTLET Hot pumpkin soup with a cheese gnocchi and a chevre brioche. JOSH Was anything you just said food? Toby and Sam enter. TOBY Good evening, Mr. President. SAM Good evening, sir. BARTLET It's on its way. SAM Sir, the Social Office... LEO We know. SAM Seven Republicans who RSVP'd for the dinner... LEO We know. SAM You know that there's an emergency meeting of the Republican Leadership? LEO Yeah. BARTLET I say they could've waited until after the entree. JOSH Maybe they didn't know about the chevre brioche. SAM Does anyone want to consider waiting? TOBY No. SAM The Constitution gives them ten days. TOBY I'm familiar with it. SAM So why don't we...? TOBY 'Cause if it's a show of strength and resolve, you don't wait to think about it. SAM And if they override the veto, it's neither strong nor resolute. TOBY They don't have the votes to override. SAM Says you. TOBY Says me, Josh, the office of the Political Liaison, Legislative Liaison, and the Minority Whip. BARTLET Sometimes it's like I don't even need to be here. C.J. arrives. C.J. Good evening, Mr. President. BARTLET C.J., you look very nice. C.J. Thank you, sir. Is it here? LEO It's on its way.The room falls silent for a minute. C.J. I've been seated next to a chemist tonight. BARTLET Mullis? C.J. Twenty-three Nobel Prize winners in the East Room, I couldn't get literature, or I don't know, peace or something? LEO [to Toby] What's her problem? TOBY She thinks she won't be able to make conversation with the guy, but she's wrong 'cause she knows what year he was born and his name. C.J. You got to be a cryptographer. They speak in combinations of letters that don't spell anything, but end up meaning table salt. Charlie appears at the door. CHARLIE Mr. President? BARTLET Is it here? CHARLIE Yes, sir. BARTLET Okay. Charlie exits, and Dolan enters. He has the bill in his hands. His speech shows nervousness. BARTLET Hey. DOLAN Good evening, Mr. President. BARTLET What's your name? DOLAN I'm Donald Dolan from the Office of the Executive Clerk, sir. SAM Leo, I don't think it's a bluff. I don't think the Congressional Leadership holds their members back on a weekend for a bluff. LEO I don't think they're bluffing, Sam. TOBY You think they're holding an override vote tonight? LEO I'm sure of it. TOBY Why would they hold a vote if they didn't think they could override? BARTLET They wouldn't. What do you got in the box, Mr. Dolan? Dolan approaches the desk and offers the bill to the President. DOLAN Mr. President, I have House Resolution 10, the Death Tax Elimination Act. It bears the signatures of both the Speaker of the House and the President of the Senate, and is presented to you by the Congress of the United States for your signature or veto. TOBY Excuse me. Dolan steps back to get out of Toby's way. TOBY Leo, you think we lost some votes we don't know about? LEO I think we're about to find out. JOSH Sir, if the House successfully overrides the veto, we're gonna look weak. BARTLET If the House successfully overrides the veto, we are weak. Bartlet signs and stamps the bill. BARTLET NaCl, C.J. C.J. I'm sorry, sir? BARTLET Table salt. [gives the bill back to Dolan] Send it back. SMASH CUT TO: MAIN TITLES. END TEASER * * * ACT ONE FADE IN: INT. THE BRIEFING ROOM - NIGHT C.J. The clerk of the House presented the executive clerk with HR10, a bill repealing the estate tax, which our opponents sometimes call the Death Tax, or the We're Coming to Get Your Children tax. [laughter] We call it a tax on fewer than two percent of American estates valued at over a million dollars, the revenue from which helps fund frivolous Democratic spending programs, such as teaching people to read and curing disease. As promised, the President vetoed the bill, which was his first veto since taking the office 33 months ago. [clamor] Katie? KATIE Will there be a vote to override tonight? C.J. We don't know. Phil? PHIL You know why the Republican leadership's meeting in an emergency session tonight? C.J. Nope. MIKE They've held the members back. Would they have done that if they didn't think they could hold a vote tonight and override? C.J. You'd have to ask them. SHERRI WEXLER C.J.! C.J. Yeah. SHERRI Can you tell us what you're wearing? C.J. It's a dress. SHERRI C.J... C.J. Diane Cook. Anything else? Okay, I'll be in for periodic briefings and we'll try not to keep you too late. [walks out, to Carol] What's Sherri Wexler doing here? CAROL It's Friday night. C.J. and Carol walk out the HALLWAY. C.J. She's an entertainment reporter. CAROL Local news. She was here to cover the Nobel dinner. C.J. Yeah, but now she's going to cover a veto override in the House and I'm saying this is a girl who barely covers an Easter Egg hunt. CAROL What, are you afraid she's going to misspell Diane Cook? C.J. Ah, I've got to get back to dinner. Do you happen to have a copy of the Periodic Table of Elements? CAROL No. C.J. Okay. CUT TO: INT. SAM'S OFFICE - NIGHT Sam is inside on the phone. SAM [into phone] Yeah. [hangs up as Toby passes with a coffee cup] Toby! TOBY What did...? SAM That was the Minority Leader's office. They've scheduled a vote. TOBY When? SAM Ninety minutes. An hour to debate, then 20 minutes to vote. TOBY What do they think? SAM They think they must be down. How did we lose votes since yesterday? TOBY A low-in-the-polls president tells the chicken-ass Democrats to vote against a tax cut in an election cycle. What could possibly have gone wrong? Ginger! GINGER Yeah! TOBY We're going to need ten phone lines in the Roosevelt room and some bodies from Legislative affairs! Ginger nods at the door and walks away. SAM We need a whip count. TOBY The old whip count doesn't do us any good. We need a new one. SAM That's going to take a while. TOBY They're all sitting there. Tell them to raise their hands. SAM Bonnie! BONNIE Yeah. SAM Any Democratic members who've headed for National, get them back. Page Delta, United American. Nobody gets on a plane. CUT TO: INT. THE ROOSEVELT ROOM - NIGHT Sam, Toby, Ed and Larry come in. LARRY They scheduled a vote? SAM Straight up or down. LARRY When? SAM They start the debate in 90 minutes and vote an hour after that. LARRY We need a new whip count. TOBY [shouts] Ginger, the phones, the bodies, and keep an open line to the Whip's office! GINGER [VO] It's coming! TOBY And get Leo out of the dinner! SAM Excuse me. [steps out] Charlie? Out in the HALLWAY, Sam walks with Charlie. CHARLIE Yeah. SAM How's the dinner going? CHARLIE Fine. SAM You and I should talk, you know. CHARLIE Yeah? SAM The committee's going to offer you a chance to give a proffer. CHARLIE Look... SAM I know they are. CHARLIE I'm not allowed to talk about it. SAM You know what it is, right? CHARLIE I get immunity. SAM Yeah. CHARLIE And I'm not allowed to talk about it. Sam nods, and Charlie walks off. Donna catches up with Sam. DONNA So what's going on? SAM We're waiting for a new whip count. Listen... how ready is he on the environment? DONNA He's been studying. SAM I don't think I'll be able to get in there with him. DONNA In the Buckland meeting? SAM Yeah, I've got this in here. [points to the Roosevelt room] DONNA He'll be all right. SAM When is he doing it? DONNA Uh, sometime after the appetizer, before the entrée. SAM He needs to look at the latest EPA stats on child asthma, all right? Tell him! DONNA [as she walks into the Mural Room] He's got them! SAM [returning to Roosevelt room] What's going on? LARRY There's three we can't account for. We think Kimball flipped. SAM If it was Kimball, he'd have taken half of his committee with him. GINGER [walks in] Toby, the phone in front of you. LARRY Newhouse? SAM Newhouse I don't believe. Illinois 17 is safe. He doesn't want anything Leo enters. LEO What's happening? SAM There's a vote scheduled. We don't' have the count. I don't think it's Newhouse, I don't think it's Kimball. TOBY [phone in hand] It's Kimball. SAM I'm telling you, if it was Kimball, we'd have six... TOBY It's Kimball on the phone right now. LEO [takes the phone] Congressman, this is Leo McGarry. Please come to the White House right away. [hangs up] CUT TO: INT. JOSH'S BULLPEN AREA - NIGHT Josh bursts in. JOSH Donna? DONNA [at her desk] I'm right here, where do you think that... JOSH My tie's falling apart. DONNA Give me that. [stands up and starts redoing his tie] JOSH It's not going to be... DONNA It's not going to be Tom Jones tonight. JOSH Tony Bennett. DONNA Speaker's calling a vote? JOSH Yeah. DONNA Sam's not going to be able to be in the Buckland meeting with you. JOSH I'll be all right. DONNA He wanted to make sure you looked at the new EPA stats on child asthma. JOSH I got them. DONNA Can I talk to you about something personal? JOSH I gotta get back to dinner. Can it wait a little bit? DONNA Yeah. JOSH [pointing at the tie] How's it look? DONNA Good. Josh leaves. Donna watches him go. CUT TO: INT. A ROOM IN THE BULLPEN - NIGHT Sam, Toby, and Leo are inside. SAM Maybe he wants the compromise back on the table. TOBY He doesn't want to compromise. SAM He was ready to settle for a 10 million-dollar exemption instead of a 5 million. TOBY Compromising with a 10 million-dollar exemption - here's a conversation my father never had. MARGARET [comes in] Leo. LEO [to Sam and Toby] You're going to have to give away something, but don't give away the store. Leo walks out to the HALLWAY with Margaret. LEO Yeah? MARGARET Nancy McNally is in your office. LEO What's going on? MARGARET Something's happened. CUT TO: INT. LEO'S OFFICE - CONTINUOUS Leo comes in as Nancy McNally stands in front of his desk. LEO What's going on? NANCY A bomb went off outside a café on Ben Yehuda in Jerusalem. There was a suicide bomber, he detonated explosives strapped to his body. LEO How bad is it? NANCY Ten people were killed right away. It looks about a hundred and twenty-five injured, mostly young adults. Leo, two of the dead were American students. We think they may have been targeted. LEO [beat] All right. Nancy heads out. He follows her. LEO Margaret, I'll be in the Situation Room. Both Leo and Nancy walk down the hallway. FADE OUT. END ACT ONE * * * ACT TWO FADE IN: INT. THE SITUATION ROOM - NIGHT NANCY [to phone] Yeah. Leo, the INP thinks they have traces of C-4. LEO C-4? NANCY Yeah. LEO Did this guy have a car strapped to his chest? GENERAL Ten-hut. BARTLET [entering] Have the parents been notified? NANCY The consul general called the parents. BARTLET Has anyone claimed responsibility? LEO Not yet. NANCY In the next hour, everyone will claim responsibility. BARTLET Nancy, hasn't State issued travel warnings since Bekaa? NANCY They were there for a soccer match. BARTLET The Americans were targeted? ADVISOR Initial eyewitness accounts indicate the bomber turned left to go into the nightclub then stopped when he saw two people wearing U.S. Delegation sweatshirts with insignias and flags. OTHER ADVISOR They were brothers-- Ariel and Noah Levy. ADVISOR He walked up to them and detonated. BARTLET We know this? NANCY These are the facts as relayed by the embassy RSO at the scene. LEO And, Mr. President? BARTLET Yeah? LEO They think they've found traces of C-4. BARTLET You think there's an Afghan connection? LEO Or even Iran. NANCY We'll know more when the FBI attache gives a forensic analysis. BARTLET How long? NANCY 45 minutes, an hour. BARTLET I'm going to want some temperature-cooling options. ADVISORS Thank you, sir. Yes, sir. CUT TO: INT. LEO'S OUTER OFFICE - NIGHT C.J. stands next to Margaret's desk. C.J. "Na" is sodium. Sodium comes from the english word "soda" so wouldn't it make sense for the periodic symbol to be somehow related to that? No, because "na" comes from the latin word "natrium." MARGARET What does "natrium" mean? C.J. It means "sodium." LEO [passes by] Come on in. C.J. follows Leo inside. C.J. I'm pretty well briefed. LEO Is it on the news yet? C.J. Yeah LEO They were brothers. C.J. What were they doing there? LEO A soccer match. C.J. Can we say whether or not we think they were intentional targets? LEO Not yet, and we can't release their names. C.J. The Levys just lost their sons. I'll take the heat for a few hours. The President'll call them? LEO Yeah. C.J. Can I tell them the President's been in touch with the Prime Minister? LEO Yeah, but don't give them a read. The Israelis are going to do what they're going to do so ratchet down expectations. C.J. Anything else? LEO No. C.J. I'm going to get in there. LEO Thank you. C.J. walks out to the hallway and meets Charlie. C.J. Charlie? CHARLIE Yeah? C.J. Listen, I wanted to... CHARLIE I can't talk about it, C.J. C.J. Word is, you're- CHARLIE I can't talk about it. C.J. We'll talk hypothetically. Say a guy your age was offered a "get out of jail free" card. CHARLIE Nobody's going to jail. C.J. But everybody's getting called and everybody's getting lawyers and if you took immunity- CHARLIE I'd still need a lawyer. C.J. For a few hours, not 100 hours. CHARLIE Look- C.J. I know what you're thinking. CHARLIE I really can't talk about it. C.J. Okay. I'm going to change my clothes. CHARLIE [unflinching, and without any pause] I'll watch. C.J. gives Charlie a look. CHARLIE [whispers] No. CUT TO: INT. THE ROOSEVELT ROOM - NIGHT Josh walks in. JOSH What the hell's going on? SAM We're down four votes. JOSH I thought it was one. SAM Three of our guys are on airplanes, and out of reach. JOSH Why? SAM That's where they wanted to be. JOSH Where's Kimball? SAM He's on his way. Toby's waiting for him. DONNA [entering] Josh. JOSH Is he in there? DONNA Yeah. JOSH I got to go. SAM Did you look at the child asthma stats? JOSH Yeah. CUT TO: INT. THE MURAL ROOM - CONTINUOUS Josh walks in to meet the governor of Indiana, JACK BUCKLAND. Two other guests are with him. JOSH Governor. JACK BUCKLAND Josh, good to see you. JOSH Sorry to interrupt dinner. BUCKLAND You know Pam Wachtel and Jonathan. JOSH I do. Good to see you guys. Anybody need a drink, or anything? AIDES I'm fine. No. JOSH Thanks, Donna. So, Governor, the president's a tree-hugger? BUCKLAND I never said that. JOSH "If you want to save a spotted owl Vote for Bartlet, If you want to save a job, Vote for someone else"? BUCKLAND I never said that either. JOSH No, she did, in the Indianapolis Post-Dispatch. You weren't misquoted, right? PAM WACHTEL No. JOSH Okay, listen. I wouldn't know a spotted owl if he walked up and introduced himself but I do know the president's a pro-business pragmatist who has created 3.8 million new jobs. PAM WACHTEL Tell that to an unemployed steelworker in Indiana 'cause he's working three of those jobs the president created just to pay the mortgage. JOSH The decline in manufacturing isn't because of the environment. JONATHAN Of course it is. JOSH Jonathan... JONATHAN When the president raised standards for smog and soot emissions he raised the cost of business and closed down industrial plants across the Midwest. JOSH You want to see a study that says if we hadn't passed the Clean Air Act two million more people would have suffered from heart disease, bronchitis, respiratory- JONATHAN You want to see a study that says how many healthy people we've got on the unemployment line? JOSH The EPA stats on child asthma alone- BUCKLAND I don't want to talk about child asthma. Neither does Josh. Will the two of you excuse us, please? PAM and JONATHAN Yes, sir. JOSH It doesn't destroy jobs, Jack, it creates them. There's a $400 billion worldwide market in creating technologies that are environmentally safe. BUCKLAND You think a 55-year-old steelworker's going to get a job building hybrid engines? Ask me what you want to know. JOSH You invited Victor Campos to Indiana. BUCKLAND Yeah. JOSH Pam's quote in the Post-Dispatch... BUCKLAND Yeah. JOSH Jack, are you going to challenge the president in the primary? BUCKLAND Let's have that drink. CUT TO: EXT. THE WHITE HOUSE - NIGHT Toby meets Congressman KIMBALL, who's on his way inside after getting out of a car. TOBY Took you long enough. KIMBALL I was held up. TOBY And I'm not about to be. KIMBALL Yeah? TOBY We can win this without you. KIMBALL I've got four proxies in my pocket so you can't do anything without me. Don't worry about it, I came with a shopping list. TOBY How does a Democrat from Tennessee Farm Country, where we championed electrification -- the Tennessee Valley Authority, farm safety nets, the... how do you do this to a democratic president? KIMBALL Estate tax costs 65 cents on the dollar. TOBY That's not my point. KIMBALL Why would anyone want to build up-? TOBY That's not my point. KIMBALL Well, what's the point? TOBY You were with us yesterday and now you're holding us hostage. KIMBALL I've got some things I'd like to talk about and I feel I'm in a fairly strong negotiating position. TOBY: What? KIMBALL Grazing fees. TOBY Grazing fees? KIMBALL Yeah. TOBY Grazing fees. Let's go; we're running out of time. CUT TO: INT. THE PRESS ROOM - NIGHT C.J. I can't confirm the names of any Americans killed. Arthur? ARTHUR Is the White House ready to call the cease-fire a failure? C.J. The parties themselves negotiated the terms of the cease fire, and the government of the United States remains committed to the peace process. SHERRI C.J., What do you have to-? C.J. I like to call on people, Sherri. SHERRI What do you have to say to the people of Dallas who have just lost two of their native sons to this tragedy? C.J. Well, as I said earlier we can't confirm or deny the identities of any American victims of the bombing. SHERRI How is it that the United States Government, supported by the citizens of Dallas knows less than CNN, AP and Israeli TV? C.J. I think the citizens of Dallas will understand that the 1974 Privacy Act precludes me from discussing those details until the family gives its consent. Mark? MARK C.J., Since two Americans were killed is the U.S. Considering retaliating themselves? C.J. We're still investigating the circumstances. In the meantime, we continue to urge all parties to demonstrate restraint. Phil. CUT TO: EXT. PORTICO - NIGHT LEO It was a Palestinian splinter group called the Palestine Freedom Front. BARTLET Agency and FBI concur? LEO Yeah. BARTLET And we shouldn't be looking outside the box? LEO Hutchinson talked with the Israeli foreign minister and the interior minister. It was an isolated incident. BARTLET Retaliation for Bekaa? LEO Yeah. BARTLET If that's the case I want to hear it from Arafat's mouth. I want to hear it from him. A denunciation of violence. I want to see security cooperation with the Israelis. LEO We'll have the U.N. Secretary general put the screws to the chairman and Scorza can be at the prime minister's office. Maybe, maybe, maybe we can get Israel to hold their fire tonight. BARTLET Would you? LEO No. FADE OUT. END ACT TWO * * * ACT THREE FADE IN: INT. TOBY'S OFFICE - NIGHT Sam and Toby are meeting with Kimball. KIMBALL There are some 30,000 ranchers in western states who graze their sheep and cattle on Federal Lands. SAM Yes, and they do it for about one-tenth of market value. KIMBALL Mr. Seaborn- SAM Based on an archaic formula set by Congress 30 years ago. KIMBALL There was cattle 30 years ago. SAM We're not trying to stick it to ranchers. We want to raise grazing fees and use the money to restore streams, watersheds- KIMBALL Yes SAM --Fish and wildlife habitats that have been destroyed by over- KIMBALL And how do ranchers put food on their tables? And yours, for that matter? SAM It's cheaper for cattle to graze on federal lands than to feed a young basset hound. KIMBALL And it's easier to sell out the western states where you're not going to win anyway than to help cattlemen whose prices are plummeting. If you look at the range land- TOBY I don't want to look at the range land anymore. A one-year moratorium. KIMBALL The president waits a year before he tries to raise the fees? TOBY One year. Go vote. KIMBALL No. I've got more. TOBY Really? KIMBALL A GAO review of the deficiencies in the Freedom to Farm Act, and the need for a stronger Farm Safety Net Administration, support for an increase in production flexibility contracts and a promise... Sam sneaks outside and calls on Donna. SAM Donna? DONNA Yeah? SAM I need Josh. DONNA He's still in with- SAM Yeah, tell him we're going to need more time. Donna walks into THE MURAL ROOM. Governor Buckland and Josh are inside. DONNA Excuse me governor, I'm sorry. Josh? Josh stands and walks up to Donna. JOSH Yeah? DONNA Sam says they need more time. JOSH Tell him to call the minority leader's office. Tell him we need to stage an exhibition. DONNA Will he know how that works? JOSH There's a rule against exhibitions on the house floor. He'll have one of our members bring a poster on the floor another one of our members will object and the chair has to rule followed by a vote of the full house and that'll buy 20 minutes. DONNA Okay. [leaves] JOSH [back to Buckland] So... you're polling at slightly less than five percent in Iowa. After hearing your issue profile that number actually goes down. 39% of caucus-goers say they wouldn't even consider voting for you. "Shares our values"? 18%. Did you know that? BUCKLAND No. JOSH In New Hampshire, you got three percent. "Shares our values," 14%. After hearing your profile, 41% think you're a republican. Did you know that? BUCKLAND No. JOSH South Dakota, three percent; Georgia, eight percent; New York, seven percent. Did you know any of that? BUCKLAND No. JOSH The reason why you didn't know, Jack, is that you don't even have the money to do out-of-state polling right now. BUCKLAND So, you helped me out. JOSH I did. Now with those kinds of numbers and no kind of money how can you expect to run a campaign? BUCKLAND Where were the president's numbers? And what kind of money did he have when he challenged...? JOSH He wasn't challenging a sitting president and NOBODY challenges a sitting president in a primary by going to his right. This isn't a serious challenge you're contemplating so tell me what it is, Jack. BUCKLAND Well, if it isn't a serious challenge what are you doing in this room? JOSH Your health! We don't like your health. You're a Heisman trophy-winning football player, a U.S. Olympian, you still run the New York Marathon and every time we see b-roll of you tossing a ball around at the local boys' club it makes people think the president's got to campaign in an oxygen tent. BUCKLAND Well, it sounds like a bit of a serious challenge. It sounds like I need to be listened to. You want to see me do some push-ups? JOSH Yeah. That's what I want. CUT TO: INT. THE SITUATION ROOM - NIGHT LEO What do we know? NANCY Keyhole sees 12 Israeli F-15s on the tarmac at Hatzerim Air Base. LEO What are they armed with? NANCY Eight AIM-Sidewinders. Pilots are in the cockpits. We see heat plumes. ADVISOR We also got ten Douglas A.H. Apache Longbows airborne from Betzet. They're armed with Hellfires. LEO Any chance it's a training exercise? NANCY It's always a training exercise. LEO What do we think are the targets? ADVISOR It looks like the Abu Sneni Bab and al-Sheikh neighborhoods in Hebron, a police station in Ramallah and al-Watan, which is the newspaper of Hamas but we could be wrong about all of that. LEO Arab reaction? ADVISOR Egypt will call for an immediate Arab summit if Israel retaliates. LEO Nancy, what about the C-4? NANCY Good, 'cause this is what's interesting. The agency indicates that the bomber had ties to Abdul Mujeeb. LEO Really? NANCY Yeah. LEO Well, that may be our way out. All right, that may be it. Sally, I need to see the president. SALLY Yes, sir. CUT TO: INT. C.J.'S OFFICE - NIGHT CAROL The networks want to take you live the next time you brief. Is that okay? C.J. Yeah. CAROL Sherri Wexler is about to do her stand-up. C.J. The station can't send over someone who knows what they're doing? CAROL She thinks she knows what she's doing. C.J. I have to watch this? CAROL I thought you showed great restraint in there before. C.J. Walk softly... and do something else. CAROL Carry a big stick. C.J. Yeah. Walk softly. Walk around. C.J. turns on the T.V. SHERRI [on TV] With the White House not able to confirm or deny at this point the names of the Americans or, in fact, if any Americans were involved at all. In the meantime, debate continues on Capitol Hill over the president's veto of the legislation repealing the estate tax. So, it's a tense night here, Alan as staffers and press burn the midnight oil. ALAN Sherri, going back to the suicide bomber you say the White House can't confirm whether Americans were involved, yet other news outlets- SHERRI Yes. I should say the press secretary C.J. Cregg can't confirm if Americans were involved. It's not clear the extent to which C.J.'S in the loop on this. I can tell you, she's changed her clothes several times throughout the evening. ALAN I'm sorry, Sherri, say again? SHERRI I say, C. J. Cregg's known to be a bit of a clothes horse and perhaps she's missed some information during one of her wardrobe changes. C.J. Well... turns out she did know what she was doing. CAROL You want me to take care of it? C.J. I'll take care of it. CUT TO: INT. LEO'S OUTER OFFICE - NIGHT SAM Hey, Margaret. MARGARET He'll be here in just a minute. TOBY Be back in a second. [to Charlie, who is passing by] Charlie? CHARLIE I can't talk about it. TOBY You don't know what I was going to say. CHARLIE Immunity? TOBY Yeah. CHARLIE I can't talk about it. TOBY I could have been talking about a flu vaccine. CHARLIE That's immunization. TOBY Yeah. LEO [comes out] Come on. They enter LEO'S OFFICE. LEO So, what's happening in there? TOBY We've given him a one-year moratorium on grazing fees, support for anincrease in the production flexibility contracts a promise not to lower agricultural export subsidies. We're up to a tougher FDA crackdown on the illegal use of antibiotics in milk. LEO Are you kid-? TOBY I swear to God. LEO How's Buckland? JOSH He wants a seat at the table, that's for sure. TOBY How far do we go with these guys? JOSH Can I offer Buckland-? LEO No. JOSH Well, he's going to keep mouthing off- LEO [annoyed] I don't care, take him out! Enough's enough. First, Victor Campos then Kimball and his band of four, then Buckland? Let him know we're going to put it out he tried to Blackmail the President unless he caved to industry on clean air, clean water climate control, and worker safety. Emphasize worker safety. That'll get him in good with the unions. JOSH Everyone will know the leak came from us. LEO Yeah. You know what? Bill Russell was getting eaten alive 'cause they could never get him to throw an elbow. He didn't want to do it. So, Red Auerbach told him to do it one time. "Throw an elbow in a nationally televised game. You'll never have to do it again." You bet your ass they'll know the leak came from us. Toby, whatever's on the table in there... take it or leave it. TOBY Yes, sir. SAM Thank you. TOBY Thanks, Leo. Toby walks out and Sam catches up with him. SAM [to Toby] Hang on. TOBY What? SAM Listen- TOBY Yeah? SAM What's on the table, don't you...? Grazing fees, farm nets, milk subsidies--what's on the table. Aren't they the same things a farm district republican would want? TOBY Yeah. SAM Let's offer it to them. TOBY Offer it to who? SAM Republicans. Royce. He'll carry six Republicans. That'll be seven votes. First off, when Kimball and his four see we're going to win, they'll hop onboard so we've got a bigger margin. Second, C.J. can make a big deal out of bipartisanship but mostly- TOBY We threw an elbow. SAM On national TV. CUT TO: INT. TOBY'S OFFICE - CONTINUOUS Kimball waits as Toby and Sam return. KIMBALL We were talking about a tougher FDA crackdown on illegal uses of antibiotics in milk such as excess dosages of- TOBY No. KIMBALL Well, I wouldn't be so quick to say no. TOBY I think I will. KIMBALL No to the FDA crackdown? TOBY No to everything. KIMBALL What do you mean? TOBY I mean no to the FDA crackdown, no to lower agricultural subsidies, no to the production flexibility contracts, no to the GAO review, and the president will seek to raise the grazing fees at any time he sees fit. We're going to need the room. Would you mind, Congressman. KIMBALL Well- SAM Congressman? We're a little pressed for time. KIMBALL Good luck. SAM Thank you very much. TOBY [loud enough for Kirkland to hear] Ginger! We need congressman Robert Royce, Republican of Pennsylvania, on the phone. SAM Okay, well... now this really needs to work. TOBY Yeah. CUT TO: INT. THE PRESIDENT'S BEDROOM - NIGHT Bartlet walks in to his sick wife, who is lying on the bed. BARTLET Hey. How you feeling? ABBEY You shouldn't get too close. BARTLET It's all right. ABBEY I'm like a Petri dish over here. BARTLET Yeah, you're pretty gross. ABBEY How's the dinner? BARTLET It's good... but... a suicide bomber got two American kids in Jerusalem. ABBEY No. BARTLET Yeah. ABBEY Were they targeted? BARTLET We're pretty sure. We got some things going. ABBEY How old were they? BARTLET 19 and 21. They were brothers. You speak to Zoey today? ABBEY No. BARTLET I thought the deal was she calls once a day. ABBEY She calls most days. BARTLET I want her to call every day. ABBEY All right. BARTLET All right. You need anything? ABBEY No. BARTLET Okay. FADE OUT. END ACT THREE * * * ACT FOUR FADE IN: EXT. THE WHITE HOUSE PORTICO - NIGHT FRIDAY EVENING Leo is perched on a windowsill on the portico. He stands up when Bartlet walks through the door leading to the Residence. LEO We can connect the bomber to Abdul Mujeeb. BARTLET How? LEO Traces of C-4 and other chemicals that are tagged. Bartlet sits down on the windowsill. BARTLET So you think I get on the phone with the Chairman and... Leo sits down next to Bartlet. LEO I think you get on the phone and I think you tell him to hand Abdul Mujeeb over to the Israelis. You remind him Israeli secret police are gonna kill him anyway. BARTLET It's gonna take more than that. LEO If it does, you tell him... BARTLET Congress? LEO Yeah. BARTLET We'll withhold the $100 million in NGO aid if they don't hand him over? LEO Yeah. BARTLET And you think handing him over puts the pin back in the grenade? LEO For a day. BARTLET For a day? LEO Yeah. BARTLET [nods] All right. Set up the call. Bartlet and Leo both stand up. LEO Thank you, Mr. President. Bartlet walks back inside through the door to the Residence. Leo walks toward the Oval Office. CUT TO: INT. THE MURAL ROOM - NIGHT BUCKLAND This isn't... JOSH Hang on- BUCKLAND Wait. JOSH Hang on-- BUCKLAND No, you hang on, Josh. I'm the Governor of Indiana. You hang on. You're sayin' I should get out of the race 'cause I'm too healthy, and you're tellin' me I'm makin' a flaky argument? JOSH I didn't say... BUCKLAND How am I supposed to keep advocating the issues that I care about if I don't get into the race for a while? JOSH You... There's a knock on the door and it opens. Josh turns slightly in the direction of the door where Donna is standing. DONNA I'm so sorry, Josh... JOSH Yeah. Josh stands up and walks over to the where she's standing. Buckland looks mildly annoyed. Josh and Donna stand facing each other in the hall with the door open. DONNA Sam needs more time. JOSH All right. Tell him to have a Democrat call for a journal vote. If a member calls for a journal vote, the full House has to approve the previous day's floor activity." DONNA [scribbling on a notepad] Okay. JOSH After that, he can have a member try to attach an amendment to the override vote. DONNA What kind of amendment? JOSH Doesn't matter. "To qualify for the estate tax repeal, the estates have to have Astroturf™." DONNA And still it's hard to figure why Congress can't get anything done. Donna walks off to find Sam. Josh turns and walks slowly back into the Mural Room, closing the door behind him. JOSH I'm sorry. BUCKLAND No, that's all right. There's a lot goin' on here tonight. Josh sits down slowly, trying to look humble and gracious. Buckland puts his drink down on the table next to his chair. JOSH No, I meant...I'm sorry. [pause] You came through for us in Indiana. Really, the whole Midwest. You would've been great in the number two spot. And it was me as much as anyone pushing Hoynes. BUCKLAND You couldn't win without Hoynes. JOSH Yeah. BUCKLAND I'm term-limited, Josh, and I still have things I want to say. JOSH [quietly] Listen, I have instructions to...you know... BUCKLAND To bust me. JOSH Yeah. Buckland allows a whisper of a grin to appear on his face. JOSH If I could convince Leo to put you on the short list...think you could say what you want to say? BUCKLAND You can't offer me quid pro quo; it's against the law. JOSH I know. But I can tell you that Carl Reed wants to accept a position at Shearson, and he'll be leaving in about three months. BUCKLAND You guys are that afraid of my health, huh? Buckland allows a bit more of a grin to emerge and leans forward a bit in his chair. JOSH Well, we're afraid of everything. [laughs and sighs simultaneously, pauses] But no kidding, Jack, I-I, I think you'd make an interesting nominee for Labor Secretary. Buckland leans forward a little more. JOSH So if I could convince Leo... BUCKLAND I'm gonna go see if there's any dessert left. Buckland extends his hand to Josh and they shake hands. JOSH Thank you, Governor. Buckland stands up and leaves. Josh looks pensive. CUT TO: INT. ROOSEVELT ROOM - NIGHT Congressman ROBERT ROYCE is seated at the head of the table, with Toby and Sam seated on either side. ROBERT ROYCE I want to make sure I understand this. You're offering a one-year moratorium on grazing fees... SAM Yeah. ROYCE ...a GAO review of the need for a stronger farm safety net... SAM Yeah. ROYCE ...a promise not to lower agricultural export subsidies... SAM Yeah. ROYCE ...and a tougher FDA crackdown on what? SAM The illegal use of antibiotics in milk. ROYCE In exchange for my vote to sustain the veto? TOBY And the six that come with you. ROYCE And this is the exact same deal you were offering to Kimball? TOBY Yes. ROYCE And he was ready to take it? TOBY Yes. ROYCE [firmly, glaring at Toby] I don't want it. Royce takes a sip of coffee and sets his mug back down on the table. Toby glances across the table at Sam. They both remain fairly calm. TOBY Congressman, you've been uneasy about the estate tax from the beginning. ROYCE That's right, I have. And yet, the White House did what it always does: it went to the extreme flank of its own party. Which meant more arm-wrestling, more dealmaking, God knows how many billions wasted in pork-barrel promises... SAM What are you saying? ROYCE That the moderates get shut out! Let me tell you something. The idea of repealing the estate tax makes me embarrassed to be a Republican. We used to be about the sensible center, about fiscal discipline. A tax break for billionaires? [scoffs] Of course this thing should be vetoed! It was a Republican named Oliver Wendell Holmes who said, "Taxes are the price we pay for a civilized society." TOBY Are you saying... ROYCE Don't target me for defeat. I'm vulnerable in my district. The DNC'll run a conservative Democrat. If he's elected, he won't even be photographed with the President, much less vote with him. Take a look around at all the Democrats running from you right now. [pauses] Do you even know who your friends are anymore? Sam and Toby take this is for a few moments. TOBY If we do our best to see that you're not seriously challenged... ROYCE You have seven new votes tonight. [pauses] Oh, and, uh...throw in the milk thing. TOBY [stands up, shakes his hand] Go vote, Congressman. Sam shakes the Congressman's hand. Royce leaves. CUT TO: INT. HALLWAY OUTSIDE ROOSEVELT ROOM - CONTINUOUS As Royce walks briskly down the hall, he passes Leo, who's walking in the opposite direction. Leo gives Royce a mild questioning look. ROYCE You're home. Royce keeps walking. Leo walks over to the doorway of the Roosevelt Room. Toby and Sam are standing around the table gathering up their things. They both look up. Leo gives them a proud smile. Toby doesn't really react, but Sam smiles back. Leo turns and spots Charlie in the hallway. LEO [to Charlie] You. Get in here. CUT TO: INT. LEO'S OFFICE - CONTINUOUS Charlie walks in ahead of Leo, who closes the door behind him. They stand in the middle of the office facing each other. LEO [kindly but firmly] Take the immunity. CHARLIE I'm not allowed... LEO Take it. CHARLIE Is anyone else taking it? LEO No one else is being offered it. CHARLIE Would they take it if they were? LEO Charlie, who the hell knows what's gonna happen with this prosecution? It's a partisan prosecution. You could go broke! You could be barred from law school! Charlie looks concerned. CHARLIE Doesn't immunity imply guilt? LEO Not necessarily. CHARLIE And if someone in my position took a deal to protect himself...what would that person be saying to his employer? That they were wrong to trust him. LEO [a little annoyed] Don't be a hero. CHARLIE Why not? Leo looks a bit surprised. CHARLIE I'll stay with my team. People should stop trying to get me not to do that. There's a knock on the door. It opens and Margaret walks into the office. MARGARET Leo? Leo glances over at her but doesn't say anything. He's still staring, slightly stunned, at Charlie. CHARLIE [with a glint in his eye] Anyway, I'm not supposed to talk about it. LEO [nods] Yeah. Okay. Charlie turns and leaves via the door to the Oval Office. Leo watches him leave. MARGARET Nancy. LEO Thanks. Margaret shows Nancy in, closes the door, and goes back to her desk. Nancy looks pleased, but in a fairly subdued way. LEO What are you smiling about? NANCY Palestinian police arrested Mujeeb at his residence in Gaza. Leo looks very relieved. LEO Margaret? Margaret enters. MARGARET Yeah? LEO [smiling slightly] Get me C.J. on the phone... And see if there's still any food over there. CUT TO: INT. JOSH'S BULLPEN AREA - NIGHT Josh walks in, through the door across from her desk, fiddling with his bow tie. Donna is standing behind her desk, organizing papers. JOSH I got away with this thing, but you should really learn how to tie a bow tie. He tosses the tie on her desk. DONNA [weakly] Or you could. JOSH Yeah, but that doesn't seem that likely, right? You can go home. He starts to walk toward his office. DONNA I'll stick around. She walks over to a file cabinet and picks up a folder, then walks back behind her desk. He suddenly turns around and walks back toward her desk. JOSH [a little impatiently] You wanted to talk to me about something before. DONNA [forcing a weak smile] Yeah...Listen...I was fixed up on a blind date a few nights ago. She suddenly has his full attention. He's leaning on the doorframe next to her desk, his body language barely concealing his sense of unease and anger. JOSH When? DONNA A few nights ago... Josh is shifting from side to side, looking more and more uncomfortable and trying to control himself. DONNA ...and Ainsley fixed us up. He's a Republican lawyer working for Ways and Means but he was being transferred. And it turns out now... [sighs, tries to adopt a light tone] ...that he's on Government Oversight- JOSH [firmly] You can't see him anymore. DONNA [serious] I know that. JOSH You can't see him anymore. DONNA I know that. JOSH It was just that night? DONNA Yeah. [pauses] No... [sighs] We got together the next night again. We shouldn't have. Josh isn't looking at her. He's lowered his eyes and he's channeling as much frustration as he can bear to reveal into fumbling with the top button on his shirt. JOSH Yeah. DONNA [looking scared] Look, when we got together the first time... Josh finally manages to open the collar of his shirt and finally looks up at her. Disappointment and betrayal and hurt are infused in his voice. JOSH You just thought he was with Ways and Means who I was battling on the estate tax. DONNA I'm sorry... JOSH Did any reporters see you? DONNA No. JOSH The second night? DONNA No. Josh stares at her coldly. JOSH All right. You can go home. DONNA [disheartened] The President wants you in five minutes.He stares at her for several moments. JOSH Thanks. He turns and walks into his office, closing the door firmly behind him. Donna is still standing behind her desk. CUT TO: INT. WHITE HOUSE PRESS ROOM - NIGHT C.J. is briefing from the podium. Carol is standing beside her. PHIL C.J.? OTHER REPORTERS C.J.! C.J.! C.J. Phil. PHIL Did the President urge the Chairman to hand over Abdul Mujeeb? C.J. As I said, the President urged the parties to abide by the terms of the cease-fire and he reiterated the United States's commitment to the peace process. REPORTERS C.J.! C.J.! C.J. Katie. KATIE C.J., and AP report out of Gaza says the President threatened to withhold more than $100 million dollars to Palestinian NGOs unless the Chairman handed over Mujeeb. C.J. Well, I'm not gonna get into the details of the diplomatic exchange. There'll be more on that tomorrow. I'm told at this moment the House is getting ready to vote on the override of the President's veto, and I know you'll all want to cover that. Since this is the President's first veto, I thought it might be helpful if we brushed up on the rules. Sherri, can you tell us how many votes it takes to override a veto? SHERRI [surprised] I'm sorry? C.J. How many votes does it take to override, Sherri? SHERRI A majority. C.J. Actually, it takes two thirds. SHERRI Yes, a two-thirds majority. C.J. Yeah, 290. And how many votes does it take to sustain? Sherri gives C.J. a quizzical look. C.J. That should be easy. You just subtract 290 from the total number of members in the House, and add one. Sherri nods. C.J. How many people sit in the House of Representatives, Sherri? The other reporters all turn to look at Sherri, who looks fairly uncomfortable and remains silent. C.J. Okay, maybe you can get the notes from a classmate. That's all, guys. I'll see you in the morning. C.J. and Carol leave the room. CUT TO: INT. HALLWAY OUTSIDE PRESS ROOM - CONTINUOUS Carol scurries up behind C.J., who's walking briskly through the hall. CAROL They're meeting in the Oval Office. C.J. Thanks. Sherri comes out of the Press Room and walks after C.J. SHERRI C.J.? C.J. Hey. SHERRI That was totally uncalled for. C.J. keeps walking. C.J. Yeah? SHERRI My competitors are gonna show that tape. Every local station in town... C.J. stops walking to face Sherry. C.J. What? Are you crazy? That thing's going out to 154 affiliates! SHERRI Look... C.J. I changed my clothes because I didn't think it was appropriate to talk about the death of two teenagers while wearing a ball gown, and you knew that. Because you're stupid, but you're not stupid, you know what I'm saying? Security's gonna take your press credentials. You'll call my office every day and I'll decide if you get into the room. I'm taking your spot on Pebble Beach - you can do your stand-ups from Lafayette Park. SHERRI Who the hell... C.J. One more word out of your mouth and every local station in town but yours gets an exclusive with the President. Hunting season on me is over. Sherri glares at her and leaves. C.J. [quietly] And the chemical abbreviation for table salt is NaCl. C.J. walks off, presumably to the meeting in the Oval Office. CUT TO: INT. THE OVAL OFFICE - NIGHT It's nearing dawn on Saturday. Bartlet, Leo, Toby, Sam, and Josh are sitting on the sofas and side chairs. They all look quite tired. Bartlet nods slightly as the others talk. SAM [to Bartlet] You could say...you could say, "On behalf of Abbey and myself, please accept our deepest condolences. Your sons' lives were not lost in vain." JOSH They were lost in vain. SAM What I meant was that this calls national attention to the peace process. C.J. knocks softly on the door and comes in. Leo nods at her. She sits down next to Sam. SAM "Though tragic, this tragedy further calls national attention to this...alarming, escalating conflict." TOBY Is there anything to: "They went there in the spirit of peace"? C.J. The spirit of peace, at a soccer match? Hope of Israeli and Palestinian children playing together and... JOSH Studying together, discovering each other's worlds... They all glance at Bartlet, who looks very pensive and somber. BARTLET This guy at the dinner, he told me something I didn't know. On Yom Kippur, you ask forgiveness for sins against God. But on the day before, you ask forgiveness for sins against people. [looks over at Toby] Did you know that? TOBY Yeah. It's called, uh...I can't remember... JOSH It's... Erev. TOBY Erev Yom Kippur. BARTLET [nods] You can't ask forgiveness of God until you've asked forgiveness of people on the day before. Charlie knocks and opens the door. CHARLIE Mr. President? BARTLET [looks up at Charlie] Yeah? Charlie points toward the phone. BARTLET Yeah, I'm gonna do this alone. Have a good night, everybody. ALL Thank you, Mr. President. They all stand up and file out. Bartlet walks over to his desk and sits down. He picks up the receiver but pauses for a few moments to collect his thoughts. He lets out a deep sigh and hits the button on the phone. BARTLET [sadly] Mr. and Mrs. Levy, this is Jed Bartlet. I have three children. I really don't know what to say. DISSOLVE TO: END TITLES. FADE TO BLACK. THE END * * * The West Wing and all its characters are properties of Aaron Sorkin, John Wells Production, Warner Brothers Television, and NBC. No copyright infringement is intended. Episode 3.04 -- “On The Day Before” Original Airdate: October 31, 2001, 9:00 PM EST Transcript By: Giorgio, Irene, musicczar and Amanda July 15, 2002