Cut to Leo's office. Margaret sticks her head in and asks if he has a moment for Josh. He does, and when Josh comes in, there's a bit of awkwardness. Leo tries to make it a little easier for Josh: "I guess you're the guy with the worst job in the building this week, hmm?" Josh lets out a half-hearted laugh and shakes his head. He tells Leo that one while interrogating an intern, "she broke down crying while telling me about a bong she had made out of an eggplant." Leo snorts a little: "You can do that?" Josh: "I used to use a potato." Leo: "You've always been industrious." Hee. (This all comes as news to me; but then, what I know about creative drug use wouldn't fill a bong made out of a Bing cherry.) Josh then tries again, mentioning the type of staffers Lillienfield's not after. He then asks, "Leo, you know the worst kept secret in Washington is that...you're a recovering alcoholic, right?" Leo doesn't flinch: "I had a hunch." Josh alludes to Leo's "Boston Irish Catholic" roots, and to a time and place when a "drinking problem wasn't a problem," and says that he doesn't think this is what Lillienfield is after. Josh asks Leo if he was maybe into something that wasn't so acceptable. (I can't imagine having to ask most of my former bosses this question.) Leo's quiet for a bit and then admits: "Pills." He's had treatment for it but maintains that those records are confidential. Josh feels sure that Lillienfield must have them. Leo has a pretty scared look as Josh reassures him; "You're Leo McGarry. You're not going to be taken down by this...small fraction of a man. I won't permit it." He leaves as Leo stares into space, imagining his career going down the tubes, hardly hearing Josh. Poor Leo. You better go, Josh.
After the commercials, it's back to the Oval Office, where Sam and Toby and Jed are grilling Harrison. Harrison's position is that judges are bound to interpret the constitution with the strict parameters set out by that text; the right to privacy is not enshrined therein. Sam points out that the right to privacy lives in certain passages of various amendments. Harrison agrees but takes the position that the framers of the constitution deliberately named those rights means that privacy was not intended to be a de facto right. Sam counters that the Bill of Rights was only meant to codify the most crucial rights, not to limit all others. Harrison snottily tells Sam, "I do this for a living, Mr. Seaborn." Sam: "So do I, your Honour." Jed butts in: "Peyton, do I have the right to put on an ugly plaid jacket and a loud polka-dot tie and walk down Main Street?" (Yes, but with all due respect, Mr. President, please don't do that.) Harrison allows that he does, and that such right is protected by the First Amendment. Jed then wants to know whether he would have any objection to, for example, the state of New Hampshire banning the use of cream in coffee, a right not protected by freedom of expression. Harrison admits he'd have a strong objection but would not have any constitutional basis upon which to strike down the law if the case was brought before him.