Elsbeth & Co. had to poke a hole in Jackie's testimony, which turned out to be pretty easy because of Jackie's aforementioned stroke. (In fact, Eli called Jackie a "blind donkey," referring to her memory and orientation problems.) They put Jackie back on the stand, and she brought up her stroke willingly. She said that since she suffered her stroke, she had days when she couldn't even recall her own name. Eli asked her why she did it, and she said, "It's the truth, isn't it?" Awwww. Jackie did something nice for a change!
Judge Ellis had no choice but to disqualify Landau's testimony because no one could corroborate his story. But Perrotti assured Ellis he could add a new co-conspirator to the charge. Elsbeth had to rely on Perrotti's testimony in the civil case with Judge Marx to determine that the new co-conspirator was Diane.
Back in federal court, Perrotti proved that Lockhart/Gardner signed off on a 25 percent discount for Green Gate. Diane's initials were on the bill, which implied that Diane approved the discount. But here's a sentence I'd never thought I'd say: The firm's bankruptcy was a good thing! As you'll recall, over the last few months all the Lockhart/Gardner financial decisions were made by the trustee, Clarke Hayden. Yes, Diane signed off on the discount, but she didn't approve it. Clarke did. So that ruled out Diane and Lockhart/Gardner from co-conspirator charges. It appears as though Eli's troubles with the DOJ are over, along with Perrotti's hope that Elsbeth accompany him on a date:
Josh: "Do you like the ballet?"
Josh: "Me neither. Let's not go together. Dinner?"
Elsbeth: [Long pause] "No."
Josh: "May I ask why?"
With that monster of a case out of the way, let's talk about the other important developments: How genius was it that both Alicia and Will started out the episode with a cold? Now, of course, we don't know the exact cause of their under-the-weatherness. But the implication is that they were both sick at the same time courtesy of their recent lip-lock. Fortunately they got over their respective colds, but not before an encounter in the Lockhart/Gardner elevator. Will told Alicia the kiss was a mistake, and that it wouldn't happen again. He said they couldn't avoid each other forever, and she agreed. Am I the only one slightly bummed this didn't turn into to a sexy elevator tryst?
But fear not, Alicia got her sexy times elsewhere. Later in the episode, she and Peter were seen re-dressing after a presumed campaign-bus hookup. And then Peter did something really weird: He asked Alicia out to dinner. On a date. I know these two are married, and they've certainly rekindled the flame, so to speak, over the course of the last few episodes. But it's still interesting to see them back together in a more official sense. She agreed to the date, but we didn't get to see that play out. Perhaps next week?
NEXT: Alicia takes on a new role; Peter takes on Maddie....