Scene 5: Skilling's House, October 2006
Daughter watches an Enron commercial on television with no sound. Eventually –
The Lawyer lets himself into Skilling's house.
Slowly, eerily, she rises to face him, stares at him.
She walks away from him, leaving the room.
Daughter (offstage) Daddy!
Eventually Skilling enters in his robe, drinking a Diet Coke and eating a Twinkie.
Lawyer You mind me having a key?
Skilling No.Thanks for coming to the house.
Lawyer Not a lot of choice.
Skilling Are we going to talk about the appeal?
Lawyer We can do that.I want to talk about the sentence.
Lawyer I can tell you the maximum, but that is the maximum.If they want to make an example of you –
Skilling Which they may do –
Lawyer They absolutely do.
Skilling Let's talk about the appeal.
Lawyer That's what you're instructing me to do?
Skilling You believe me, don't you?
Lawyer I'm gonna be straight with you, I think we should appeal, I think that's our option. But there is further evidence coming to light all the time of alleged wrongdoing at the company –
Skilling Not my wrongdoing.
Lawyer Not your wrongdoing.
Skilling Doing. Doyng. Wrongdoyng!
Lawyer Recordings and testimony from those involved, particularly traders –
Skilling Oh those fucking guys –
Lawyer Stating that they behaved in an amoral manner –
Lawyer An appeal would only shed further light on –
Skilling I told my daughter I was innocent. I believe I am innocent.
Lawyer Neither of those things make you innocent.
Skilling Being innocent makes me innocent though, right?
Lawyer Jeff, they're going to imply that the traders at your company caused huge blackouts in California for months, maybe years. That you gamed the state –
Skilling The state's regulations were a mess.
Lawyer And you took advantage of that?
Skilling Took advantage of that. Are you kidding me? Took advantage of …! That's what we do. In business, you buy something at one price, you sell it at a higher one and what's in between, that's your advantage. Which you take. That's how the world works. If you want an objective morality present in every contract, you're living in a dream. You know how difficult it is to get five people in a room to agree anything? The only way I can be sure I can trust a contract is cos every party's in it for themselves. So when you ask, 'Did we take advantage of that?' … you know what I hear? I hear, 'Do you make a living, do you breathe in and out, are you a man?' And I know that the only difference between me and the people judging me is they weren't smart enough to do what we did.
Lawyer A lot of people lost everything.
Skilling I get that! I've lost everything. This is my life! I'm a captain of fucking industry!
Lawyer Well you wanna put some pants on, captain?
Skilling None of them fit.
Lawyer There's another player in this still we should talk about. You were running that company but you reported to its chairman, Ken Lay. And he's gonna be getting the same advice Andy got –
Skilling Andy broke my goddamn heart. Ken'll never go that way.
Lawyer But you could.
Skilling What? Blame Ken?
Lawyer The man's sixty-four years old –
Skilling (snorts) You're going with that! You're going with the guy's closer to death …?
Lawyer They want a name. They want a face.
Skilling And then just go on like before …
Skilling's home phone begins to ring. He makes to answer the phone.
Lawyer I need you to stop answering the phone. Stop answering questions. Your name needs to be 'no comment' until I tell you.
The Lawyer answers the phone.
Lawyer Who is it?
Skilling But that makes us look guilty.
Lawyer I'm his lawyer.
The Lawyer listens.
Lawyer OK. OK.
Skilling You don't think that makes me look guilty?
Lawyer I will.
The Lawyer hangs up.
Lawyer Jeff. Jeff, Ken Lay died.
Skilling tries to process the news.
Lawyer They didn't say.
Lawyer I'm sorry. I gotta find out what this means.
Skilling I know what it means. It's just me.