A Defense of Marriage - Recap

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The episode begins with Cary being beaten up in the parking lot. It looks like it is one of Nick’s guys. Next, we see that the CEO of, Vance Foster, is on the stand and Bucky is cross examining him. Bucky is representing the State. This company allows tax payers to file their taxes online. Bucky then states that the company began to file fraudulent returns from criminals using stolen social security numbers. There were 86 tax refunds sent to the same address and the CEO says that he did not have time to check every envelop and that he trusted his employees to do that work for him; like Dale. Alicia and Diane are defending Dale.

Bucky then plays a wire tap of the defendant speaking with his wife. Alicia objects again and the Judge tells Bucky that this wire tap cannot be used. The case will proceed once Bucky brings in a proper evidence of a conspiracy. Dale is the CFO of the company and he tells the CEO that he is not going to go to the jail for him. Diane reminds them that they are on the same side here. Owen, Alicia’s brother is in the court. Owen shows her a postcard he got from their mother. He tells her that their mother is flying in tonight. He tells her that their mother met a man named Henry who is an oilman. He feels that she might want a divorce from Malcolm. Next, Cary arrives to meet Nick and tells him that there might be a problem with his lawsuit. It appears that his second man Bill, has a record for drugs and that could be a problem.

Also, one of the cars that was towed by Nick’s company, carried 80 grams of heroin. This also could be a bad mark on the lawsuit as this could be a way to transport drugs and Nick could be implicated. In the courtroom, Bucky plays another tape. This time it is Dale talking to his spouse, Warren. Diane states that the spousal shield should be applied to tone as well as Dale married Warren in a State that allowed same sex marriage. Bucky argues that Federal Law sates no such thing about same sex marriage. The Judge says that she will review it. At the firm, Cary comes across Jeremy Breslow. Jeremy used to give speeches in Harvard. Jeremy introduces Cray to his assistant, Hal. Meanwhile, Diane, Will and Alicia are discussing Dale’s tape and they see that this tap does not have the orders that the CEO gives to him.

Cary arrives declaring the presence of Jeremy Breslow, the Supreme Court Super lawyer. He wants to meet them about the Taxlaunch case. Jeremy then tells them that this case is a gateway of overturning the Defense of Marriage Act and that is why he is here. He wants to defend his gay brothers. Will doesn’t want Jeremy on this case because the case will then be all about his glory. Diane receives a message saying that all charges against their co-defendant have been dropped. Without the other tape, they don’t have enough against the CEO. Alicia arrives home and Owen tells her that their mother is has arrived and she has brought presents for Grace and Chris. Owen then tells her that Malcolm has passed away and Veronica is having some legal issues with his will. Malcolm’s son doesn’t not agree with the will as Malcolm as included Veronica in the will.

Veronica hands over a paper to Alicia. It is a subpoena for the previous day saying that Malcolm’s son has amended the will. And according to the subpoena, it looks like Malcolm left her nothing. Veronica now needs Alicia’s help. The court allows Jeremy to proceed with the case as Bucky doesn’t have a problem with it. Jeremy calls upon a former State Attorney who says that same sex marriage should be granted the same discretion as a regular marriage. But then Bucky points out that the other benefits that the spouses receive are still unconstitutional for the same sex marriages. Since there are mixed signals on this topic, the Judge asks the defense to produce Dale’s proof of marriage. At the firm, David Lee meets Veronica.

Malcolm says that Veronica was cheating on his father and so he wants her excluded from the will. She says that this is a lie. This is Veronica’s third marriage. Brian arrives with his lawyer. David establishes that Brian told his father that Veronica was cheating on him and that she was going to divorce him and due to this Malcolm changed his will. David is going to sue Malcolm with intentional interference for expected inheritance. Moreover Brian has no proof. Alicia is worried and she tells David that Veronica was cheating on Malcolm and that she told this to Owen. David tells Alicia not to disclose this to anyone and they will be fine. In the courtroom, Bucky tells the court about the “free Fridays” arrangement between Dale and Warren, where they are allowed to date other men and have sex with them, hence trying to prove that this is not a real marriage.

Alicia then shows a record where the CEO has had 12 affairs post marriage and so, Bucky’s point becomes irrelevant. But then the Judge rules against Dale; the tape is now admissible in court. At home, Alicia is shocked to learn that Veronica knows about Will. Owen told Veronica that Alicia had a crush on Will as Veronica thought that Will was gay and he is into Owen. In court, the tape is played and we hear Dale telling Warren that he isn’t sure if he hasn’t done anything wrong. Jeremy doesn’t cross examine Warren. Diane and Alicia are furious as this will prove that Dale is admitting guilt. Diane realizes that Jeremy wants to take the DOMA issue to the Supreme Court and that is why he wants Dale to lose so that he can appeal to the Supreme Court. In the courtroom, Vance tries to pin this fraud on Dale. Jeremy once again sits tight and Alicia decides to cross examine Vance. She plays the tap done on Vance.

Since Vance is no longer a defendant and is now a witness, the tap is allowed for impeachment. The Judge allows the tap to be played. At the firm, Bucky offers the plea for Dale. He needs to serve four months, admission to complicity and $500,000 in restitution. Everyone is happy. But Jeremy isn’t. He brings in Warren and then convinces them to lose so that the DOMA issue can be taken to the Supreme Court. They agree. This means they are not taking the plea. Next, Brian has subpoenaed Owen. Alicia tells Owen that if he lies about being unaware of Veronica’s affair with Henry, he will be perjuring himself. She tells him to tell the truth. Next, the Head of IT is called on the stand and he says that Dale is innocent but Jeremy cleverly uses this guy as a character witness for Dale which allows Bucky to question his personal relation with Dale.

Jeremy is really screwing them. Kalinda tells Alicia that there were two taps on that call. Somebody else was investigating the CEO. Cary guesses it is the State who was investigating him. Alicia and Diane tell Bucky about the second tap by the State as the State was investigating Vance for embezzlement. Diane tells Bucky that they will present this in court and this will portray some embarrassing inter-agency confusion. Jeremy is not happy that this information was withheld from him. Case Closed. Owen tells at the deposition that he did not discuss Henry with Brian. Veronica wins her probate. Jackie arrives with Cristian.

Peter arrives after a while and is surprised to see the two women together in the kitchen. Later, Veronica tells Alicia that she should let go off Peter and be with Will. She then tells Peter to divorce Alicia and set her free. By not doing so, he is only being selfish. Alicia interrupts their conversation and takes Peter to the bathroom, and they have sex. The episode ends.