Thursday, May 11, 2017

Better Call Saul, Season 3, Episode 5, Chicanery

This hour opens with a flashback, which does much to explain how Jimmy has decided to navigate his current predicament with Chuck and the New Mexico Bar.  The hearing becomes a turning point both for Jimmy and Kim as they work together to save his legal career.  It’s nice to see the solidarity between the couple after what has been an “on-again-off-again” relationship.  Chuck refers to “Perry Mason” later in the program and the mostly courtroom setting of the episode bears similarities to the famous legal drama.  Again, the cinematography is outstanding and this week’s theme is blue with splashes of red (Jimmy’s tie, Exit signs) to punctuate danger and lawlessness.  It’s clear by the end of the hour that the McGill brother’s relationship will never be the same again.

Many preparations are taking place at Chuck’s residence.  Groundskeepers mow half the lawn while other workers rearrange furniture inside the home including putting back appliances.  Jimmy reviews the progress inside with his brother. Chuck asks whether he should remove his wedding ring and Jimmy affirms this choice. Jimmy asks, “Are you sure about this? In my experience, the bigger the lie the harder it is to dig out.” Chuck dismisses the concern, “I’ll cross that bridge when I come to it.”  

A few hours later, Chuck lights candles and works on preparing gourmet dinner using a propane stove.  The VIP dinner guest is Chuck’s ex-wife Rebecca.  When she arrives Chuck explains the power company disconnected the power due to an address mix-up on the payments.  (A foreshadowing of what Jimmy later does to Chuck.)  The preparations were all part of a ruse to hide Chuck’s condition from her.  Despite the lack of electricity, Chuck insists dinner can occur as planned in the “rustic” condition.

Rebecca spends much of the dinner together talking about her new life and husband. She travels extensively with the orchestra that she is a member and her husband the conductor.  Chuck tries to remind her of their own travels together as a married couple.  She seems to enjoy his company but she’s always had affection for Jimmy that obviously still causes Chuck distress.  She’s impressed at his achievement of going to law school and passing the Bar all while working in the mail room at HHM. Jimmy observes their interaction while “doing the dishes” in the kitchen. It’s obvious Chuck is still very much in love with his ex.
  
Suddenly, Rebecca receives a phone call from her work on her cell phone.  Chuck tries to exit to the kitchen but she follows him around oblivious to his distress.  Jimmy tries to interject but she ignores him, focused on the details of her discussion. Finally, Chuck hits the phone out of her hand.  She picks up the phone in shock and ends her call.  Jimmy looks at Chuck, imploring him to “say something” and tell Rebecca about his illness.  Instead, Chuck chides Rebecca for having horrible manners, taking a phone call when with company.  “I didn’t know you felt that way.”  Rebecca decides to take a cab home immediately.  Jimmy is frustrated, “You can’t let her leave like this, would you rather have her think you are a raging prick than to know the truth?” Jimmy leaves to tell her but Chuck stops him and makes Jimmy promise he will never tell his ex-wife about his illness.  The opening credits flash, a bright green bus bench with Saul’s advertisement.

Jimmy waits to see the shifty vet holding a goldfish in a plastic bag.  Once he’s in the exam room, the vet scolds him for not having enough oxygen in the bag.  After a minute discussing fish health and maintenance, Jimmy reveals the true purpose of his visit.  “I need someone with a ‘light touch’ and I don’t mean a teenager getting a five-finger discount from the Stop-n-Shop. I need highly skilled, discreet high-end a real pro.” The vet asks if he needs the man to get into a tight space.  (Could it be Huell from Breaking Bad?) The vet says he has just the guy.

Kim confers with her Mesa Verde clients after a successful day in the courtroom. The boss offers to take them out to dinner to celebrate.  They heap praise on Kim and promise her “a whole lot more work coming her way.”  Kim looks pensive, “I hate to be a buzzkill but there is something I need to tell you about your former counsel Charles McGill.”  Kim proceeds to inform them about Chuck’s “ugly allegations” against his brother involving their case.  She states Chuck blames the address mistake on his brother.  The details sound fantastical.  Kim makes it known that these allegations could create some publicity. She adds if this makes them uncomfortable with her continuing to represent them that they could “discuss options.”  At this point the boss chimes in, “If there is one thing I cannot abide by it’s when people don’t take responsibility for their own mistakes. Whatever mud Mr. McGill is slinging I’m not going to let it screw me of the best outside counsel I’ve ever had!”  Kim took a big risk in revealing this information to her sole client but it proves she holds herself to a high ethical standard. They agree to keep her on and plan on celebrating late with dinner out.  Paige asks her privately if this “McGill thing” will present any problems for them in the future.  Kim assures her that Mesa Verde is not involved in the case in any way.

The courtroom hums with electricity for a moment before the lights are switched off.  Howard and Chuck are given a tour of the room to review measures to accommodate for his condition.  Chuck asks that the court recorder to be moved to the back of the room, farther away from where he will take the witness stand.  The other attorney, Mr. Alley, apologizes for the “Exit” signs, which can’t be switched off due to fire code. Howard asks for Mr. Alley to leave them alone for a moment and the younger man complies.  Howards asks, “How are you feeling? If you’re not up to it, maybe there’s a way you don’t need to testify at all.”  Chuck is adamant he’s the only one who can explain the circumstances surrounding the creation of the tape.  Howard argues it’s already a solid case, especially with the confession and witness testimony.  Chuck counters, “This isn’t about me, or my health, it’s about PR.”  Howard acknowledges they’ve already lost Mesa Verde while he was “incapacitated” and the storing of documents unsecured in his home led to this predicament.  Chuck is firm, “This is not the time to worry about how we look, this is about what’s right and what’s wrong.  I’m not going to risk Jimmy getting a year or two suspensions when he DESERVES disbarment, not some slap on the wrist.”  Chuck concludes there is only one correct course of action, “Let justice be done though the heavens fall!”  Chuck exits the dark courtroom full of vengeful confidence.  (Fiat Justitia Ruat Caelum is a Latin Maxim dating back centuries.  The New Orleans D.A. Garrison invoked it during the trial of the murder of JFK.  It basically means the justice needs to be done regardless of the turmoil it creates. )

Jimmy and Kim get ready for their day in court, overheard during the domestic scene is the Bar’s attorney reading the charges against Jimmy.  They share a small moment where Jimmy places his hand on Kim’s shoulder as she reviews the documents. Arriving at the courthouse, they both wear navy suits; Jimmy has on a maroon tie.  They appear confident and resolved about the day ahead.

Mr. Alley proceeds to conclude his opening statements, “Once a review is made of these charges, we hope that you will agree that disbarment is warranted for James McGill.”  Kim makes her opening statements, she explains that Jimmy doesn’t dispute the charges against him and “deeply regrets” his actions.  However, she hopes to explain the circumstances surrounding the events, “A dispute in a strained relationship between two brothers which finally broke.”  She adds that Jimmy is an “asset to the legal community.”

The testimony begins with Howard as a witness.  Kim objects to Howard’s characterization of the tape as “evidence.”  He explains the attack at Chuck’s as violent and unhinged. Howard notes that they feared Jimmy might “strike”  Chuck so they appeared to assist him.  Kim reviews Howard’s ten-year relationship with Jimmy.  Howard notes he hired him for the mailroom at HHM and that he possessed “a lot of get-up-and-go.”  They called him “Charlie Hustle.” Howard remarks he was surprised to learn Jimmy had become a lawyer and notes he did not hire him due to Chuck’s recommendation that it would look like “nepotism.”  Kim shrewdly notes that the “HH” stands for Hamlin & Hamlin, Howard’s father.  Jimmy looks pained reviewing this part of his history with Chuck.  Howard brings up Jimmy’s eventual hiring at Davis and Main but Kim steers the narrative back to Chuck.

“After Charles condition appeared, Jimmy was the one who took care of him, correct?”  Howard concedes that Jimmy brought Chuck groceries, newspapers and looked after him.  Kim tries to get Howard to confirm Charles left the firm on a leave of absence due to “mental illness.” Kim is warned by Alley and the panel that “this is not a competency hearing” and to make her point.  She dismisses Howard.

Mr. Alley requests to play the tape for the Board.  Kim objects but is overruled. “We need to know if one lawyer tampered with the evidence of another.”  Jimmy whispers with Francesca, they speak about a flight delay of forty minutes.  Jimmy calls for time to stall the hearing of the damning tape.

In his darkened living room, Chuck practices his testimony.  He’s trying to appear sincere in his concern for his younger brother.  His repeated musings out loud reveal how little he actually cares for Jimmy.  “The law is too important!” he concludes, repeating the statement.  Howard knocks on the door to bring him to the hearing.

The courtroom is filled with the audio from the tape.  Jimmy passionately defends his actions were done to help Kim who deserved the Mesa Verde case.  The worst part is when Chuck reveals, “You realize, you’ve just confessed to a felony!”  Jimmy’s voice from the tape replies, “But you feel better, right? Besides, it’s your word against mine.”  That indication of Jimmy’s concern for Chuck may be what he uses later to explain his actions that day.  Mr. Alley looks smug; he feels this tape is the end of Jimmy’s legal career.  The board states they now need to “prepare the room” for their next witness. Jimmy states he left his phone in the care.  Even the clock on the wall is removed.

Charles arrives with Howard in his Jaguar, they park between traffic cones labeled “reserved parking.” (How does Chuck handle riding in a car with all the electronics?)  As Chuck and Howard make they way up the stairs, Huell bumps into Chuck briefly.  Huell is wearing a red and blue checkered shirt; he looks up the stairs at Chuck and smiles briefly.  It’s not clear what just happened but we know Jimmy set it up.

Chuck is sworn in as a witness. He proudly states he is a senior partner at HHM, not mentioning his extended leave of absence.  He tries to appear collegial, asking the court recorder if she can hear him from the back.  Mr. Alley notes that they do not need to review the details of the “assault and burglary” but what he does wish to discuss is the creation of the tape.  Chuck states, “I had a suspicion that my brother had tampered with evidence in a case I was working on.”  Jimmy looks expressionless at this damning charge.  Charles explains it as a conspiracy to make him look poorly and give the case back to Ms. Wexler.  Chuck notes, “My brother did an excellent job at covering his tracks!” Kim objects but is overruled by the panel.  Mr. Alley continues his questions.  Chuck reveals that the tape was the first step in collecting evidence against Jimmy.  He cites Jimmy’s break-in as proof that his younger brother was also concerned about the damning nature of the tape.  Mr. Alley asks Chuck if he was “in charge of his faculties” at the time of the recording, noting he sounds “unhinged” on the tape.  Charles testifies that “What you heard was theater, I was exaggerating my symptoms of my disease to extract the truth.”

Mr. Alley to ask about the nature of Chuck’s illness.  Charles tries to appear composed, explaining his pain and symptoms.  He further claims how TB, AIDS and other diseases were also not well understood by science for many years. “Would you say your illness affects your ability to think?”  Charles declares it only affects him physically and that he is completely in control of his mental faculties.  Mr. Alley asks him if he “hates his brother.”  Chuck has rehearsed his answer, “Absolutely not, I love my brother.  He has a way of doing the worst things for reasons which sound almost noble.  But what I know for sure is the law is too important to be tampered with!  The rule of law is what sets mankind apart, the idea that no matter who you are your actions have consequences. The way my brother treats the law breaks my heart. That’s why I did what I did.”  Jimmy looks stricken by his brother’s harsh words.  Mr. Alley concludes his questioning of Chuck. Jimmy whispers to Kim they need to stall a bit more.  She asks for a small break to confer. Jimmy whispers, “She’ll be here.”  Rebecca arrives in the courtroom.  Chuck asks for a “moment to get a breath.”  The panel calls a fifteen-minute recess.

Chuck embraces his ex-wife at the back of the courtroom.  He asks her why she came, and encourages her not to testify, noting she’s not on the witness list.  Rebecca replies, “I’m not here for that. Chuck, I wish you had told me! I can’t believe what you’ve been going through! How long has it been?” Chuck looks down and then rolls his eyes, feeling betrayed by Jimmy. “Ah, you’re here to help?” He tries to extract what Jimmy has told him about his condition.  She reveals Jimmy sent her pictures of the house; she was shocked to learn how he’s been living and why he didn’t inform her.  He claims he didn’t want to upset and worry her.  She apologizes, seeing she’s upset him.  He implores her to stay, “You’ve been sold a bill of goods Rebecca, I want you to see what’s what.”

Jimmy eats chips forlornly by the vending machine.  Kim notes Rebecca is not what she expected, but can’t elaborate further.  Kim adds, “You know she’s going to hate you when this is over.”  Jimmy nods, “Yep.”  He leaves to return to the hearing.

The panel reconvenes.  Chuck is reminded he’s still under oath.  Kim hands the cross-examination over to Jimmy.  He clears his throat and approaches his brother.  Jimmy notes they’ve not had a chance to really discuss “why and how” he recorded the tape.  Chuck replies he lost that opportunity when he broke into his house to destroy it.  Jimmy again apologizes to the court for his actions.

Jimmy asks his brother if using the tape recorder hurt him and where he hid it, noting the voice recording is pretty clear.  Chuck states it was wrapped in “space blanket.”  Jimmy notes he wouldn’t have seen it given the “state your place was in.”  Jimmy asks for Chuck to “set the scene” for the panel, which he does over Mr. Alley’s objections.  “I had covered the walls in Scrim-Foil insulation and Mylar sheeting.”  He explains how it protects him from the mild electromagnetic current.  “It was like the inside of a disco ball! You went all out in entrapping me!” Chuck denies the charge, “I provoked an admission.”  Jimmy asks how he knew it would work, how did he know that it would worry him so much.  Chuck again admits it was a ruse and usually his house is “perfectly normal.”

Jimmy calls the panel’s attention to exhibit nine, photographs of Chuck’s house taken during Mike’s handyman trip. One picture shows a stack of newspapers under a propane lantern, others show exposed wires.  Chuck defends his “adaptations for a physical condition.”  Jimmy recounts that the doctor who granted him custodianship disagreed that Chuck suffered from a physical condition.  Mr. Alley objects but Jimmy notes that the State opened up this line of inquiry when Chuck admitted to his “play-acting.”

Jimmy says, “This tape is evidence that my brother hates me.  I lied to make him feel better!” He states the board has to view the situation through his eyes to understand why he said what he did on the tape. The panel allows him to proceed.  Jimmy asks Chuck about the onset of his symptoms, which started shortly after his divorce.  Chuck states his divorce was amicable and accuses Jimmy of bringing Rebecca to court to highlight the incident in which he hid his condition from her.  He apologizes to Rebecca but then further accuses Jimmy of exploiting his feelings for Rebecca to “break him down, split me apart at the seams like a murderer confessing on an episode of Perry Mason!”  Chuck ends his speech by nearly sneering at his younger brother, “Have I answered your questions to your satisfaction? Do you have anything else?”

Jimmy proceeds to ask Chuck if he had been suffering from a disease like lung cancer, would he have told Rebecca?  Chuck is non-committal.  The panel grows impatient.  Jimmy probes Chuck on his symptoms and physical pain.  Chuck describes pain and shortness of breath.  Chuck again praises the court for accommodating him.  Jimmy motions to Francesca, who reappears with Huell.  Chuck drones on about how the “Exit” signs don’t bother him because they are far away.  “The farther away it is the stronger the current needs to be to have an effect.”  Jimmy presses him to find the nearest source of electricity is in the room, can he locate it?  Chuck asks if Jimmy if he has something in his pocket.  Jimmy reveals a cell phone to the shock of the court.

Jimmy places the cell phone in front of Chuck, “From this point, you should feel it and you don’t!”  Chuck winces, and the panel scolds Jimmy for bringing in the phone.  Chuck asks to see the phone, he illustrates for the court it has had the battery removed.  “That’s a sorry little trick, isn’t it?”  Jimmy concedes, “You got me Chuck, dead to rights!”  Chuck raises his voice, explaining that he has an actual physical condition.

Chuck seems triumphant but Jimmy asks his older brother to check the chest pocket of his own coat jacket.  Chuck pulls out the phone battery from his jacket and drops it to the floor in horror!  Jimmy points to Huell, stating he placed the battery in his pocket an hour and a half prior when he bumped into him on the stairway.  Huell corrects him, "One hour and forty-three minutes ago."  Mr. Alley objects, “Mr. McGill’s mental illness is a non-issue in this case, if he was schizophrenic it wouldn’t…”

Chuck begins yelling, “I am not crazy!”  Chuck begins a rant describing Jimmy’s behavior beginning with the address then listing the billboard incident and “defecating through a sunroof!”  Mr. Alley urges him to cease his rant but Chuck continues, “You think this is bad, this, this chicanery!”  Fully animated with rage Chuck shouts, “I covered for him and I shouldn’t have! I took him into my own firm.  He’ll never change! He’ll never change! Ever since he was nine, couldn’t keep his hands out of the cash drawer! And he gets to be a lawyer!  I should have stopped him, you have to stop him!” 

The court sits in stunned silence.  Rebecca shakes her head.  Chuck finds himself, apologizes for getting “carried away.”  He asks Jimmy politely if there’s anything further.  Jimmy says, “No, nothing else.”  The camera pans out with the Exit sign buzzing in the foreground and Chuck sitting impotently alone in the witness box.  Jimmy’s prediction that Chuck will die alone seems destined to come to pass.

It seems like this is the “death nail” in Chuck and Jimmy’s relationship. It seems that any empathy Jimmy had for Chuck was exorcised by his crazed outburst in court.  Jimmy has “outed” his brother as mental ill, and perhaps would have felt guilty if Chuck hadn’t hurt him so badly.

Next week promises a return to the “Pollos Hermanos” story line; Gus Fring and Salamanca are headed for a stand off.  Howard counsels Chuck to move past his dispute with Jimmy.  Jimmy offers his services possible criminal elements.  Rebecca seems torn between the McGill brothers. Kim suggests the name “Saul Goodman.” This season has been excellent and I eagerly await the upcoming second half. 

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