Now that The Good Wife has gotten plenty of mileage out of its personal drama, it's time to throw some professional scandal back into the mix.
Last week's episode ended with Eli finding out that an anonymous source sent the press video that insinuates Peter may have become Governor of Illinois through some less than ethical means. (You have to feel for Eli. He's just moved past worrying that Peter slept with his ethics consultant, and now this happens.) Eli brings this development to Peter and Marilyn, and the latter immediately starts an investigation. At the center of it is fixer Jim Moody (Skipp Sudduth of Third Watch fame, returning to the show for the first time this season).
While Eli tries to do damage control with Moody, Alicia tells Marilyn that she has no idea about the video, but then walks into her husband's office to confront him. "Just tell me that you will fix this," she insists, after referring to Zach as "my son" and not "our son." One could argue that Alicia still doesn't completely trust her husband.
Marilyn goes on to question Will, who admits to awareness of the video but declines to tell her whether or not he brought it to Peter's attention, citing attorney-client privilege. When Marilyn then hauls Will into Peter's office, Peter asks for a moment alone with Will, where we find out that Will told Peter about the video, but Peter didn't want to see it.
Will then goes on to say he'll claim he told Peter what was on the tape, therefore incriminating Peter, because he wants to "make a point." The two of them start trading barbs about Diane's revoked judgeship and of course, Will's affair with Alicia. It's the most interesting scene in the entire episode. Peter tells Will not to waive privilege, therefore shutting down Marilyn's investigation, much to Eli's annoyance (and he knows exactly what's happening).
Meanwhile, Will and Alicia are each defending one half of a couple accused of drug smuggling (Josh Pais and Auden Thornton), since they first took the case on when both were still at Lockhart/Gardner. Judge Spencer (Victor Garber) takes the unorthodox step of ordering a double jury, telling the two legal teams that they need to cooperate, but of course they quickly decide not to. This feels implausible and generates a ton of confusion, for not just the characters but also the audience.
And it's not surprising when Will and Alicia spy members of the separate juries talking to each other, nor that he then claims he didn't see it when she brings it to the judge. Ultimately, Will's client winds up being found not guilty and Alicia's client takes a deal. But do we really care about their fates? Not necessarily.