Federal Court. Rebecca and McNally stand before the judge. She argues that Habib has been away from his family for weeks, and they don't even know what he's been charged with. McNally: "He hasn't been charged with anything." He sweeps his hands out in a butterfly kind of motion. So, Rod's teaching acting on the side? Rebecca: "Then how and why have you been holding him?" Blah material witness, blah he can't reveal to what blah. Judge Winwood presides. His bench is bigger than Kittleson's. Rebecca: "How do I represent him if I can't be told why he's being held?" McNally insists that the case contains information obtained by the Foreign Intelligence Surveillance Act. Well, Winwood doesn't buy it; he wants to protect Habib's rights. He orders McNally to present Habib, to let him see his lawyer and his wife, and he insists the Feds give him "some sort of hearing." McNally tries to say that Winwood doesn't have the authority to do what he just did. Winwood: "These are strange times. Nobody is quite sure who has what authority. But you don't want to be testing mine." Translation: Get Habib into court or McNally will be held in contempt.
Suffering County Courthouse. The hotly contested Dr. Siedman is on the stand. He explains his "cross-racial impairment" syndrome theory. Eugene asks if this is common? Dr. Siedman insists, "Very." How does he know? Blah clinical psychologist, blah fifty years of data blah. Eugene: "Are certain people more inclined to suffer from this impairment?" Well, Siedman is sure glad he asked that question because, in fact, people who are unfamiliar with members of the race in question are more likely to be confused when asked to identify one. Eugene thanks the doctor and sits back down. Helen swallows a pill and becomes a barracuda. Then she says, "Wonder Twin powers activate! Form of giant wave!" And swims over to the doctor and eats him whole -- suit, nasty opinions, research and all. Blah do black people all look alike, blah scientific opinion blah. Eugene objects. Helen turns back into a quasi-female and blasts some real questions at the man: "Did you interview the witness about her identification?" No. "Are you aware that there's no agreement in the scientific community that cross-racial impairment even exists?" The doctor doesn't look at Helen when he talks. He looks at the jury. And he doesn't even sort of glance their way; no, he twists his head and neck all the way around and talks to them with his body all contorted. Grrr: Helen hates paid-for-by-the-defense witnesses. They make her blood boil and her indignation steam. Blah studies confirm, blah the best proof blah. Okay, well, why have most courts rejected his theories then? Dr. Siedman's answer: Because science often outpaces the law. And he says it with a semi-straight face too. Helen barely contains an eye-roll as she makes her way back to her seat, dripping water all over the floor from her sojourn as a man-eating fish on the hunt.