Blank Check with Griffin & David - Judging The Judge
Episode Date: June 8, 2015One year ago acclaimed actors Robert Downey Jr. and Robert Duvall appeared together in the film The Judge. The movie is about a big city lawyer returning to his childhood home where his father, the to...wn’s judge, is suspected of killing someone after running them over. It was directed by David Dobkin, was the first feature release from “Team Downey,” Robert and wife Susan’s production company AND Duvall even received a Oscar nomination for best supporting actor. It must be great. No it’s a steaming pile of garbage. You the fans did not ask for it, but in this week’s special episode hosts Griffin and David judged the Judge. Together, they discuss at length the trajectory of RDJ’s career and what lead him to turn down roles in Gravity, Oz the Great and Powerful and Inherent Vice to produce and star in the Judge, why Dobkin thinks he’s funny and why possible incest is always a great sign for drama. Music courtesy of "Night Court Theme" by Jack Elliott
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Judge, judge, judge, judge.
Judge, judge, judge, judge, judge.
I'm Bob Duvall!
I'm the judge!
Judge.
Here's Downey Jr.
He's my son.
We fight a lot. Junior. He's my son.
We fight a lot.
He used to smoke pot.
And now he makes out with his daughter and wipes shit
off my legs.
Judge in the judge.
Judge. Court is in order.
My friends.
Order.
Come to order.
Come to order.
All rise.
All rise for Judging the Judge.
This is episode one of Judging.
Episode one of one.
Episode one of one.
This, of course, is Griffin and David Presents,
what has now been revealed American Horror Story style
to be an anthology series.
This is a real, this is an American Horror Story,
what we're doing tonight. This is American Horror Story colon The Judge. This is a real, this is an American horror story, what we're doing tonight.
This is American horror story colon The Judge.
This is Judging the Judge.
We're going to discuss the movie The Judge.
I'm Griffin Newman.
I'm David Sims.
So this was, you know, we did 10 episodes, 11 if you count the bonus, the commentary
episode, which thank you to everyone who listened.
I have no idea why.
Have you listened yet?
Have you listened back?
I tried.
It was so, so trying.
Listening to us just sort of ramble to each other in a hot room.
Yeah, there's a point where you try to get me to tell you how much money I'm making.
Oh, yeah, yeah, yeah.
For like 15 minutes.
I was like, come on, come on.
How much money do you make?
It's a terrible piece of content.
That was great.
That was one of my better ideas.
Go on.
What are you making?
What are you making weekly?
Thank you to everyone who listened and hashtagged in.
I have no idea why.
You're all crazy.
A funny sidebar story.
I had a comedy show last night.
Yep.
And guess who came, was in the audience.
Robert Duvall.
My old friend Molly from middle school.
All right.
And in one of my jokes, I invoked the name of someone else who went to middle school with.
And she was like, that was really funny when you used her name.
And I was like, thank you.
And she's like, thank God you don't make any jokes about me.
And I was like, well, don't listen to episode 11.
Poor Molly.
Now I feel bad.
Molly of Cody and Molly fame.
And how's she doing?
She's doing great.
That's good.
She's my oldest friend.
I haven't seen her in a while, but I've known her since I was like two or three.
You doxed her, as they say, on that episode.
No last name.
For all you know, it's Molly Sims, your sister.
Isn't Molly Sims like an actress?
Yeah, a model.
Was she the one who was on Las Vegas?
Yes.
We're clearly avoiding talking about the movie that we've selected today for obvious reasons.
That you selected.
I'm going to say that you selected because I had never seen this film before.
Fans demanded it.
You remember all those emails we got.
Fans demanded it.
That's true.
We were inundated.
It's not like I just pushed this thing up a hill.
People wanted it so badly.
Star Wars Episode I, one of the 10 highest grossing films of all time.
What do you follow that up with?
The Judge?
Yeah, yeah, yeah.
Oscar nominated, two hour, 22 minute drama from 2014.
Yeah.
David Dobkins, The Judge.
Nominated for one Academy Award.
One Academy Award.
Which we'll get to.
Oh yeah, we'll get there.
We, you know, recently discovered that there was a sequel to Star Wars, episode two.
So judging The Judge was-
I keep forgetting about it.
I know.
Attack of the Clones.
Attack of the Clones. Attack of the Clones. That's next week, guys. That's next week. You guys want about it. Attack of the Clones.
That's next week, guys.
You guys want to hear about Attack of the Clones?
Tune in next week. Now you're stuck with us talking about The Judge. We're going to do
10 episodes on The Judge and now it's just one because
we've got to get to Attack of the Clones.
We did have 10 episodes planned. There's
enough time in The Judge to do
10 episodes worth. I don't know
about material, but there is time, literal time in this movie.
Yeah, my greater concern is we only have so many listeners we can afford to hemorrhage
per episode.
Yeah, that's very true.
Can you imagine?
If we do Judging the Judge, every episode we'll lose another 15 loyal listeners.
Yeah, right.
Because the commentary already, that already cut into things, I bet.
So it would leave us with negative 2,000 listeners.
We'd be paying robots to listen to our show.
Is that what you're saying?
Yeah.
In the end zone.
Okay.
The judge.
El judge.
El judge.
Judging the judge.
So yeah, we said, how did we get on the judge?
Is it just because I made a Robert Duvall joke in the first episode of this podcast?
I think so.
And I was like, you've got to see this fucking movie. It's insane. You don't understand how crazy it is. Just to start, the judge? Is it just because I made a Robert Duvall joke in the first episode of this podcast? I think so. And I was like, you've got to see this fucking movie.
It's insane.
You don't understand
how crazy it is.
Just to start,
the judge,
Robert Downey Jr.
is one of my favorite actors.
I have a huge soft spot
for him.
Same here.
Always have.
Same here.
I think,
when I was a kid
and he was on Ally McBeal,
I just loved him.
I'm going to eat a bagel
while you say this.
Yeah, go right ahead.
Just unwrap it
as much as possible right next to the microphone. Tell me about your love of Bobby Deming. I love loved him. I'm going to eat a bagel while you say this. Yeah, go right ahead. Just unwrap it as much as possible right next to the microphone.
Tell me about your love of Bobby Downey Jr.
I love RDJ.
Love RDJ.
And I am a film and television critic for The Atlantic.
I am invited to press screenings of all major releases.
I was invited to see The Judge.
Robert Downey Jr. is the star of it.
And he never makes movies anymore.
He makes Marvel movies and, like, nothing else, basically.
I check that the running time is an hour and, sorry, is 145 minutes, basically, and I refuse to go.
So that was my experience of the judge before last night.
You are covered in scallion cream cheese right now.
It's disgusting.
My mustache has made my love of bagels and cream cheese very difficult.
Because now I just always got, it looks like I got semen in my face.
Griffin has a big bushy mustache for the role he's currently playing on HBO's Rock and Roll.
Salary undisclosed.
I had a similar experience too.
I love Robert Downey Jr.
Love him.
When did you fall in love with Robert?
I really do think it was Ally McBeal for me.
Because I was a little too young for his first wave.
Yeah, no, the moment I remember really falling in love with him was weirdly,
because it's a small part, but Bowfinger.
Oh, he's great in Bowfinger.
Ah, that's true.
That's when he was mired in the drug use and the personal problems, like Bowfinger, Wonder Boys.
He's giving these really fun, supporting performances, but he's just not figured his life out yet.
Putting a lot of spice on the side dish, you know?
I loved him in Bowfinger, too. I loved that movie.
Yeah, I just remember, because he was so much a part of the news, and I was a kid who wants to know the fucking pop culture stuff and make easy jokes about it.
Yeah, me too. So like the meme was just like this guy's a disaster.
He's going to die.
He's showing up on lawns.
He's doing crazy shit, whatever.
Right.
And I remember seeing him in that movie and like being prepared to like make jokes about how bad and drugged out he was to get easy laughs out of my parents.
And I was like, oh, this guy's really good.
He is really good.
I can't reconcile that with the cultural narrative that is being presented right now.
He was someone, I think, and still is, someone with just such bottomless charm on screen
that he just holds the camera really well no matter what crappy part or what crappy
lines he has.
And that's even at his lowest point.
I remember his Inside the Actors Studio episode, he talks very openly about the waves of his
addiction and how it coincides with certain things.
When's that episode?
When in his career is that episode?
I want to say it's maybe like Kiss Kiss Bang Bang.
Okay.
Which is a masterpiece and one of my favorite movies.
On the mend, but hasn't become arguably the biggest movie star in the world.
No, yeah, for sure.
If you ask me, I would say-
I think he's probably the highest paid movie star right now.
Yeah, and I think the most bankable.
If you ask me to anoint the king and queen of Hollywood-
The judge didn't make a lot of money.
Who?
But the judge didn't do very well.
Well, this is what we're getting to.
Yeah, yeah, go on.
If you ask me, the king and queen of Hollywood are Downey Jr. and Jennifer Lawrence.
I feel like they're the two people who are at the top of the heap, you know?
Right now.
Really have the public in the palm of their hands.
They've got big franchises.
Yeah, you're talking people.
They're in franchises.
They're big movie stars.
And very likable.
Yeah, but also respected serious actors.
Not just movie stars.
It's like Lawrence has an Oscar.
And this is getting to our big point here.
Right.
Danny Jr.
Danny Jr. nominated twice.
Is viewed as an inevitable.
You think so?
I think.
If he made some more movies he would yeah
his first oscar comes when he's what 24 his nomination you mean for a chaplain yes his
first nomination he's very young yeah in chaplain and and that's when he was being touted as this
like whoa look at this guy he's the next big guy right yeah yeah um what's he you know he's in like
air america he's in less than zero He did the whole run of teen films.
He's got a supporting part in Weird Science.
He was on SNL for a season.
Yeah.
So, I mean, quick backstory.
But his father is like a notorious sort of countercultural gonzo comedy satire filmmaker. Everyone should see Putney Swope.
It's an incredible movie.
My dad's favorite movie of all time.
It's such a good movie.
It's an awesome, awesome movie.
And he's a great guy. He's also out of his mind. It's such a good movie. It's an awesome awesome movie and he's a great guy.
He's also out of his mind. Notoriously a lunatic.
Right? And Diane Jr.
was the product of that man
and a French ingenue who he fell in love
with and cast in a lot of his films.
And grew up in a household where he was surrounded
by all these sort of like
counter-cultural
fuck the man
we don't need to play by the rules.
I'm sounding like such a grandpa describing this.
Artists, right?
Yeah, yeah, yeah.
In California, surrounded by these sorts of people who are obsessive in their work.
Yeah.
I think he was kind of ignored a little.
Sure.
And I think he started using drugs at a very young age, he said.
His first on-screen performance, I think, was in Robert Downey Sr.'s Pound when he was like four or five.
And his first line is
what you don't think I got hair on my balls? And it was
like I think that says a lot about his
relationship to his father is like he had to
be in his dad's movie saying a thing that was inappropriate for a kid
like that. I think he said he first
smoked pot when he was like seven or eight. Yeah it's something
like that. It was just like lying around.
I think that was the. Yeah he was like
I think he said some guy literally handed it to him like,
do you want to try this?
And so like he was very much
the product of his surroundings.
All this stuff was available to him. He saw all these
adults using these things in recreational
ways, you know,
inhibiting, unleashing the full potential of their creativity.
There was no stigma around
doing this and he very much was
a gateway drug for him and he very quickly went fully spinning out of control.
So even by the time he's like 17, 18, and he's in Lesson Zero, which was a big performance that put him on the map, playing a dude who is—
And the pickup artist, same year.
Yeah, is like a brilliant, charismatic, wise beyond his years young man who is clearly falling prey to his own self-destructive vices, you
know, who may not make it.
There's already life imitating art and vice versa.
I think there's a narrative in Hollywood of like, oh, but this is where does it end?
Where does it begin?
He's the second youngest cast member on SNL ever.
He and Anthony Michael Hall get on.
He does one season on the show.
And then, yeah, he's pretty quickly a movie star, Air America,
like I said. Soap Dish, Chaplin,
Short Cuts, you know,
Natural Born Killers. He's doing an Altman
film and everything. But Chaplin's a big one. You're playing
Charlie Chaplin. That's a huge...
And he kicks ass in that movie. That's a tall order. You're gonna
play Charlie Chaplin. You're gonna have to recreate
Chaplin a bit. He does it beautifully.
I mean, the physicality is insane in that movie.
It's not a good movie, though. It's not a good movie.
It's a very aggressively mediocre movie.
Yeah, I mean, it's Richard Attenberg kind of, yeah.
It's super bland.
Yeah.
But he gives a great performance, and everyone goes, Jesus Christ, how did this kid pull
it off?
Right, yeah.
He's the guy.
He's the guy of the generation.
Right.
And proceeds to, you know, they kind of try to push him into a movie star.
He does some romantic comedies.
None of them really work.
He's falling more and more prey to his addiction issues.
Home for the holidays, yeah.
Yeah, Home for the Holidays, which on that episode of Inside the Actor's Studio, he refers
to as the most relaxed performance in the history of film because of how much heroin
he was on.
Jesus. It's crazy he's still alive.
And he said, like, Jodie Foster would come in and be like, I know that no one calls you
out on this because you're still able to deliver but I will not let
you behave this way. Wow.
And he's like is it affecting my performance?
And she's like no it's not. And he's like then what's the fucking
problem? He sounds like a really nice guy
too. Was really you know struggling.
I really like Two Girls and a Guy too.
Remember that movie? It's not a good movie but it's
kind of a fun movie. Jimmy Toback
who's also out of his
mind. The most Tobackean filmmaker.
Do you know that James Toback in interviews will say,
I think it's probably the most purely Tobackean of my films.
Anyway, his career basically spirals for years and years and years.
He keeps, like he's in U.S. Marshals.
He's in The Gingerbread Man.
He keeps having these kind of cool supporting roles.
But at the same time, he's out of his mind.
Okay.
He gets on Alan McBeal.
It's supposed to be like, here's a saving grace.
So he blew it as a movie star.
At this point, doing TV is very much considered a lesser art form.
You don't cross the Real Grande line.
If you punch up to TV, you don't get to go back down.
You know?
Yeah.
And he goes back to TV.
On the fourth season of Alan McBeal.
This is not even like a, you know, he's dropping into an
established show. But they tailor make this
role for him and he destroys it.
Which is funny because again, he talks about it. He's like, I was just
out of my mind. I don't know what I was doing.
He has no memory of being
good on that show. And it was supposed to be like
he's going to prove himself. He's going to show up on time
every day on a TV show, which is long hours,
hard work. I know. I'm getting paid an undisclosed
amount to do it.
You know, it's a very demanding situation.
Yeah, yeah, yeah.
It's open end.
You're going to do nine months a year, and then maybe then.
Yeah, no.
Yeah, yeah.
And at the time, because a movie star had not gone down to TV, there weren't that many
instances of it.
A lot of critics were like, this is the best performance in the history of television. Yeah, people were all over it. They were hyperbolic. I mean, he is good in it. A lot of critics were like, this is the best performance in the history of television. Yeah, people were all
over it. They were hyperbolic. He is good in it.
Yeah, but people were like, we've never seen this
quality of work on television. He won a Golden Globe,
he got nominated for an Emmy, yadda yadda yadda.
Did a very nice job. And he's fired by the end
of that season. Right, yeah. Because he can't fucking get it together.
He doesn't show up or whatever, and yeah, they fired him.
Now there's a big turning point. Early,
I think, the 2000s, 2002,
2003 maybe, Rob Dine Jr. is given a Hail Mary pass. Early, I think, the 2000s, 2002, 2003 maybe,
Rob Dine Jr. is given a Hail Mary pass.
He finally sobers up.
Right.
Gets it together.
And you can read all about that.
I mean, I think he's talked about it a lot.
We're not going to go into it.
But yeah, he finally, I think he goes to rehab.
It takes.
He meets a woman, I think, who helps keep him on the straight and narrow.
No, not yet?
That's what I want to build up to here.
He gets on the straight and narrow first.
He sort of finds new focuses in life, becomes very health-crazed spiritually.
Right, makes the same detective.
Yes.
I think that's his first kind of like back-in-the-world movie.
And that was Mel Gibson, a man who clearly has similar struggles.
Went to bat for him.
They had done Air America together.
And he said, no one else will hire you.
No one else will insure you.
Because that's the big thing with a movie.
If you're going to be the lead character.
Yes, he was uninsurable.
They need to take out an insurance bond to prove that the actor is not going to die before you're filming.
Because then you throw away the whole movie.
Right.
Or in the case of Fast and Furious 7, you spend like an additional $80 million.
Worth it.
CGI.
Worth every penny.
Right.
Now, they got that from-
The insurance.
Right.
But it was a belabored thing.
He can't get insured.
Mel Gibson puts up the insurance bond because he believes this guy needs a chance, but the
movie doesn't do very well.
It's not a bad movie, but-
He's great.
Have you seen the Gambon?
Anyway, go on.
At this point-
And he's in Gothica, same situation.
Well, that's the one, David.
Right.
Gothica's weirdly the turning point, okay?
Not a good movie.
A terrible film. Also, I think he Gothica is weirdly the turning point, okay? Not a good movie. A terrible film.
Also, I think he was also a struggle to ensure, right?
But that was his first big studio, sort of back on the straight and narrow.
He has a small part.
He fought really hard to get it.
Right.
On that film, there's a woman producing it whose last name I don't remember.
Susan something.
She marries him.
She was Joel Silver, heavyweight Hollywood producer,
producer of the Die Hard films.
The Matrix.
Tons of others.
Predator.
Right.
Tons of stuff.
Hudsucker Proxy, one of my favorite films of all time.
But he's mostly a big action director,
and he's starting to do more sort of horror.
Producer.
Yeah, sorry.
More horror genre, a little bit of stuff when that's starting to hit big gothka
Halle Berry put in they give him this small role the the legend goes that this
woman Susan who was originally his assistant moves up to being a producer
partner with him is on the set with him one day turns to Downey jr. and says I
don't get it why aren't you the biggest star in the world right and he was like
well I thought I just struggled this and that.
And she goes, but you got it together now.
I mean, it feels like you really got it together.
It's not a temporary thing.
And he's like, I don't know how to do it. And she makes it her life's mission to make Robert Downey Jr.
the star she believes he was always intended to be.
They also fall in love.
It's quite a story.
She becomes Susan Downey, which is why we don't remember her last name.
Susan Downey PGA.
She's in the credits of The Judge.
Yeah.
And she very quickly gets Joel Silver to-
Is it Kiss Kiss Bang Bang?
Yes, which is produced by Joel Silver, written by Shane Black, who wrote some of Joel Silver's
biggest hits.
Wrote like Lethal Weapon.
Lethal Weapon, all those, right.
The Longest Good Night, yeah.
Yeah.
And so he gets in.
That's a big thing because now he's the leading man in a film.
It doesn't do tremendous business, but it's really well loved.
It is a critical hit, and it is, yeah, it's basically a calling card.
It's like, hey, remember Robert Downey Jr.?
He's so fucking charming.
And he can carry this shit.
He's so funny.
He's so charming.
He's so in control.
I recently watched the movie for the 80th time, and it's incredible.
Oozing star power.
And now we're in a slightly older Don Jr.
He's a little salt and peppery, and he's showing the battle scars.
He seems like a man who's been through some stuff, and it makes him more interesting.
And he's playing a sort of career criminal who's now getting a second chance.
He starts doing roles along those lines, like good night, good luck,
and the guide to recognizing your saints in the scanner darkly,
lines like good night good luck and the guide to recognizing your saints in the scanner darkly and zodiac these roles of slightly weathered guys who uh like are kind of clinging on a little bit you
know like rather than uh sort of breezing through things he's using his life experience and my mouth
full of bagel of course to to tap into like a sort of previously unseen but also retaining his
original like super charm.
Yeah, and I would argue, to paraphrase F. Scott Fitzgerald,
there's no second acts in American lives.
Sure.
He's playing characters who are struggling to define a second act,
who want a second act.
It's true.
Kiss, kiss, bang, bang.
True to the shaggy dog.
Just kidding.
I haven't seen the shaggy dog.
He's actually great in it.
Okay.
He's genuinely phenomenal in it. Right. He's genuinely phenomenal in it.
Right.
But he's starting to establish a second act.
Yeah. And it's like, maybe he's just going to be a really solid, you know, secondary actor
in big movies.
And then like indie.
Family movies, dramas.
And he'll be the lead.
And he'll play it.
And then, Jon Favreau.
Yeah, we kind of know the rest.
Right.
Yeah.
Goes, this is the guy.
Marvel goes, no way.
It's not even a conversation.
I wonder who else would have even been considered for Tony Stark.
Because, like, do you know?
I know Sam Rockwell was very seriously talked about.
That's interesting.
He wouldn't be good.
Not as good.
No.
There's some other people I forget.
I love Sam Rockwell, but he's not.
Sam Rockwell, I know, was very high up on the list, which is why they wrote him that part in the second one.
No, right.
But when Robert Downey Jr. was cast as Iron Man, I was
just instantly, especially because
Iron Man is this character in the comics who has struggled
with drinking and his
excess, and you're like,
oh yeah, that's exactly
right, yes. And I have a very
distinct memory of my father
saying, hey, did
you hear that Robert Downey Jr.
was playing, was it Iron Man? And I went, yeah, and he went, they're really Downey Jr. was playing Iron Man?
And I went, yeah. And he went, they're really scraping the bottom
of the barrel, huh? Wow. And my dad's assessment
was, if that's the biggest
guy they can get, the movie is a
predetermined flop. Right, whereas I think
my assessment went, and I had heard Marvel
making Iron Man. And also my dad didn't know who that character was.
Who is this fucking... Yeah, no one heard of Iron Man.
And I heard that and I was like,
they made the creatively appropriate decision.
That's crazy.
Right.
I hope it doesn't blow up in their faces.
You know, the approach for superhero movies has always been like, who's hot?
Ben Affleck?
Okay, he can be Daredevil.
You know what I mean?
Like, no thought of the character he might be playing.
But yeah, Favreau goes to bat for him, sells him really hard because this is the only guy, he does like 20 screen tests and Marvel finally relents.
He gets paid less than any other actor in the film.
Terrence Howard got three times as much as him.
Terrence Howard was the highest paid actor in that movie.
Which is why he didn't do the second movie because he then demanded the same proportionate
raise for the second one and they were like, go suck two turds.
Yeah.
But he's back, baby.
RDJ.
RDJ.
And in a way that has, you know, rarely happens anymore.
Overnight,
over a weekend,
he goes from,
oh,
that guy,
Robert Downey Jr.,
who I've seen some stuff
over the years,
who's in that movie,
Iron Man,
that looks cool,
to like,
America's favorite movie star.
Overnight,
he's undeniably
a huge A-list movie star.
Let's not forget,
the same year,
he does have Tropic Thunder.
Yes.
He's the breakout of that movie.
He gets an Oscar nomination for it.
I mean,
it couldn't have played out any better. Yeah, and breakout of that movie he gets an Oscar nomination for it I mean it couldn't
have played out
any better
yeah and then
after that
he basically
doesn't make
a ton of movies
he immediately
vaults to
Superstardom
he makes The Soloist
which I think
he might have
shot before
that was in the can
that was originally
supposed to come out
before Iron Man
they pushed it back
so it could receive
the bump of him
being a bigger deal
that movie's terrible
he's good in it
it's a bad movie
he does good work
he's okay in it.
He does good work.
Sherlock Holmes,
which is produced
by the Silver Company.
This baby's so fucking good.
The Silver Company
and his wife,
they said,
now that you're
a proven box office star,
let's make a franchise
for you where we
can benefit from it.
Right.
Two movies kill
at the box office.
Yep.
So he's now like
a franchise guy.
Iron Man 2 is next.
I mean, massive.
Terrible movie, but massive.
Then Due Date.
Which I love.
I haven't seen it, honestly.
I think it's a secret masterpiece.
I'm not sure about that.
I would love to do an episode about Due Date as well.
I think it's brilliant.
But it did pretty well, Due Date.
And then Sherlock Holmes 2, Avengers, Iron Man 3, The Judge.
He literally just stops making movies that aren't Marvel movies.
Right.
So he only is pretty much doing his two franchises.
From the moment after Iron Man comes out, because Soloist and Tropic Thunder were in the can.
Right.
He experienced the boost from the two of them.
But from the moment the movies he signs on to after that point are just Marvel movies, Sherlock Holmes, and the two exceptions, The Outliers, are Due Date and The Judge.
Due Date is directed by Todd Phillips,
coming straight off of The Hangover.
He's very much in the get-out-of-jail-free card position
we're talking about.
And it's got Galifianakis right off The Hangover, too.
And the interesting thesis question that Todd Phillips
said he was interested in making Due Date was,
he went, it's so weird that Downey Jr.
is now this beloved as an American star
because he's so odd and he's so prickly
that he went, I want to
try to experiment with how far
I can push Downey Jr. in a film and still have
audiences like him.
And the whole movie is like an exercise in
the subtext of
the usual Downey Jr. performances
because he was doing this very odd, playing dark
characters, and suddenly those characters are dropped
into big movies that kids love.
And he's still like they play it as a little more fun.
And if you really think about it, you're like this guy's a mess.
And Due Date is just acknowledging how much of a mess he is and being like you still like him?
Do you still like him?
And you do the whole time.
It's a real test of him as a movie star.
The movie does well financially.
It's not liked critically.
And I think that pushes him even further away from trying to experiment
outside these things.
The Marvel movie's
playing so well.
At this point,
he's 50 years old.
There are only so many more years
he's going to get to do this stuff.
So I think there's this part of him
that's like,
I became a movie star
to this degree,
very late,
I want to ride this out
as hard as I can,
doing dramas.
I can always go back
and do that.
Was recently sort of
lambasted in the press
for saying he didn't want to make
shitty indie movies anymore but but he did so many for so he did a lot and also i yeah i remember
defending him to my boss when she was like this is rude and i'm like he knows he can't be on an
indie movie like yeah he obviously operates under very strict sort of control of like i want to be
in like a very uh comfortable hollywood environment when I'm making these movies because, like, that's the time when I am at my most kind of vulnerable.
I really –
Yeah.
Yeah, and it also is, like, a thing I think you can't speak to unless you've – you know, you've done the job.
But the environment –
I haven't done the job.
The environment really – I'm not saying you can't speak to it.
No, no, no.
I immediately understood everything he was saying.
Oh, sure.
As someone who mostly does
tiny, shitty indies
by people who are unprofessional
and don't know what they're doing,
I'm happy to do any work I can.
But I also see
the couple of times
I've gotten to be on bigger stuff,
how much easier it is to work
when everything is planned out properly
and the circumstances are correct
and there's room for error
to be corrected
rather than just like,
oh, can you also hold this light while you're in the scene
because our light guy has pneumonia?
Okay, but the judge.
The judge. Our
key question that we're trying
to answer today. This episode's going to be six and a half
hours long. Our key question that we're going to
answer today, now that we've set up the Downey
Jr. narrative. Sure.
Why would he make the judge?
Why did he make the judge? This is his first he make the judge? Why did he make the judge?
This is his first film as a producer.
He sets up a first look deal
at Warner Brothers
to bring them properties.
Yeah.
He drops out of a bunch
of big movies.
He was going to be
the Clooney part in Gravity.
And he was going to be
the Franco part in
Oz the Great and Powerful.
He was going to play
Joaquin Phoenix's role
in Inherent Vice.
In Inherent Vice.
Oh, he would have been so good.
So that's an interesting mix
of two guaranteed blockbusters.
I wish he had made
all of those movies. One guaranteed classic from an auteur. Yeah. And he's an interesting mix of like two guaranteed blockbusters. I wish he had made all of those movies.
One guaranteed
classic from an auteur.
You know?
Yeah.
And he drops out
of all of them.
He's really just
sticking to the Marvel thing.
He's getting Warner Brothers
to acquire properties
for him.
Hey, I want this book.
I want to reboot this thing.
Yeah.
He wants to make
the Black Mirror episode
about the memory implant.
The thing that,
you know,
the camera in your brain.
And there was some old series of detective novels that he wants to make as a franchise.
RDJ, do this shit.
Do it.
He's bringing tons of properties to them.
Yeah.
But none of them are getting off the gate.
Not because he doesn't want to.
But I think it's him choosing, I really want to do this.
And his first step forward, his first film as a producer with his new Team Downey banner
is The Judge.
Why would a man who could get any film he wants made at this point in time
make this film yeah it is like the the crappiest like 1994 like kind of oscar baity how do you how
else do you describe the judge it's just like it's like treacle it's like toxic treacle it's it's a ham-fisted, sort of like cliche-laden, overwrought, desperate-
Overlong, overcast, overacted, overdirected.
Overbageled.
Desperate plea-
Underlit.
For Oscars, right?
Yeah.
Seemingly the only reason, because look, maybe he thought my power is so big right now I want to test it if I can make mass audiences flock to an adult character drama, which is not a bankable genre anymore.
Sure.
At least people keep telling me.
And I think, did the judge do it?
I actually have no idea how it did.
It didn't do very well.
No?
I mean, I don't think it lost money.
I think it was made for a budget.
He did it for less than his usual films.
Yeah, right.
But still wasn't.
He's making 50 million bucks on every Avengers movie.
He doesn't really.
It was not a hit by any conventional metric.
You know, I don't think it was a big, like, loss leap for them.
It came out in, what, like, September or October?
Yeah.
Yeah.
And it did, you know, boring business.
It made $47 million domestically on a $50 million budget.
And it made 83 worldwide, which is pretty bad.
Like, it made almost no money outside of the U.S.
I'd argue, I mean, those numbers are astounding for how bad the film is
and how uninteresting it looked.
You're saying it's amazing the movie made that much money?
Yeah.
It opened at number five, though, at the box office.
That's pretty terrible.
Yeah.
In October.
Agreed, agreed.
But we were talking earlier about like-
Behind Dracula Untold, which is not a film that actually existed and no one saw it.
I've seen it.
How was it?
Phenomenal.
Charles Dance deserves an Oscar nomination.
Behind the second weekend of Annabelle, this movie opened.
Yeah.
We were talking right before this about Men, Women, and Children,
which was your least favorite film of last year,
the same year that The Judge came out.
I really despise that movie.
That film features Adam Sandler, Jennifer Garner,
a couple of big deal movie stars,
Ansel Elgort, who is popping in a major way because of Falling Our Stars,
Jason Reitman, director nominated for four Academy Awards across his first three films.
Is that right?
I mean, between producing, writing, and directing.
Yeah, you're right.
Nominated for directing Juno and then three nominations for Up in the Air.
Yeah.
You might have gotten a screenplay done for Thank You for the Smoking, too, maybe?
No, he didn't? Okay.
But four nominations, and that film ended up at, I think, $840,000.
Sure, right.
Nobody saw that movie.
Under a million dollars.
Right.
Most people don't even know it existed.
Yeah.
Worldwide negligible.
Yeah.
I'm saying Judge is a similar level of overly earnest big stars doing a Vandy Project catastrophe.
I know what you mean.
I know what you mean.
Yeah.
I know what you're saying.
And for the judge to make $80 million is not something that's going to make Warner Brothers or Robert Downey Jr. happy.
But in hindsight, it's like it is a test of his star power that he even got that much out of it.
And also, I'm sure it's the kind of movie that people rent, right?
Like, isn't that the idea?
Yeah, it's probably doing crazy numbers on that.
It's like sort of a, yeah, it's a cable movie.
Yeah.
But why would he do this film?
Because I genuinely think Robert Downey Jr. thought he was going to win the Oscar.
You think so?
You think Robert Downey Jr. thought he was going to win the Oscar. You think so? You think Robert Downey Jr. read this script?
That's the question I now pose 40 minutes into this episode to try to answer.
I think it's 30, but yeah.
To try to answer.
I think, and we'll debate this and track it with an answer, did Robert Downey Jr. think
he was going to win the Oscar?
Because what other reason would he have to make this film?
He produced it?
No, I know what you're saying.
He started it.
He had two chances to win an Oscar, and I think he thought it was it.
There was an interview he did a couple years ago where they talked to him about, does he
feel bad that he's been spending all this time doing these blockbusters, he's been seeing
on serious parts.
He's not going to win an Oscar for Iron Man.
Iron Man.
As much as he might deserve it.
And he went, well, for me, it's just inevitable.
And they went, really?
And he went, look, I've been doing this for so long.
I know what I'm doing.
I know what I'm capable of. I'm doing these parts right now, but it's not something that
I'm worried about because I'm very confident that someday I will get the part that will
show everyone. And it's just a matter of time.
Okay. So you think he is literally scanning the horizon for this part?
Yeah. I think he goes, okay, I'm going to see the script where I know I can knock it
out of the park. I have immense visibility now, so no one's going to ignore the movie.
If I'm delivering and the movie works,
I will get nominated and I can win. This movie is so
bad, though. Horrendous, but that's why he made it.
So let's talk about the movie.
It's so bad.
It's so bad! It begins with him pissing on
a man. This is the opening of the film.
This film is ostensibly a drama.
Not a comedy. No, it's a drama.
It has maybe 3%
comedic elements, and all of them are misjudged.
Yes, misjudging the judged.
Misjudging the judged. And all of them are
basically just Robert Downey Jr. kind of doing his
like, you know, funny guy thing. Like,
anytime the movie's like a little bit light,
it's him trying to be, you know,
it's just Robert Downey Jr. Go on. Or potentially
fucking his daughter, which we'll get to in a second. Oh, we'll get there.
But yeah, the opening of the film, David Krumholz, the great Dave Krumholz.
Yeah, the great, ever chubbier David Krumholz.
Looking real bloated.
Yeah, they're like, I don't know if they dressed him in like a suit that was like eight times too big or something,
but David Krumholz looks terrible.
I would sue my agent.
I think they stuck a bicycle pump in his neck before each take and gave it a few little up and downs.
I love David Krumholz, by the way.
He's great.
But the opening scene, they are rival lawyers.
Is it in LA?
I can't even tell.
Is it Chicago?
I think so.
One of those places that's so superficial where it's all fucking live, live, live, money, money, money, business, business.
He lives in Highland Park.
He says that to Krumholz because he's like, I have a fucking perfect wife and I fuck my wife and she looks incredible.
And I think it is Chicago.
The idea is that he is a morally bankrupt, sort of duplicitous, success-driven lawyer who takes on cases, defending clients who he knows are guilty.
Right.
He's just a bottom line lawyer.
He doesn't care about the, whatever,
what's the word?
Justice.
Yes, he's really manipulating morality around.
It's so lame though.
Who gives a shit?
Who gives a shit?
And the movie spends no time on it too.
It's like, how do you feel like your clients are always guilty?
And he's like, I feel fine.
Drive my car and fuck my whatever.
Yeah,
and are we supposed to be like,
oh God,
this guy's really
like at the bottom of his,
he really needs to figure it out.
He's such denial.
He never really seems
that stressed out
about his life.
No,
he seems like he's killing it
the whole movie.
He seems totally level.
In this opening scene,
he pisses all over David Krumholz.
David Krumholz is like, do you really think
this man's innocent? And he's like, innocent men can't
afford me. Which, like, that also doesn't
make any sense. Sure they can! I mean, does he
just mean, like, evil people, I guess, are
rich? Or are they willing to spend the money
because they know he's the only one who will. Who can get them
off, right. He's this renowned trial
lawyer. He's great on the cross-exam.
Like, right, you know, that's... He's at a urinal
and he turns around to say something to him and literally just literally just pees yeah krumholtz is complaining
about something minute three of the movie it's a drama rardine jr an adult male is peeing on
another adult male and i was like oh sorry did i pee on you no that was a mistake insert shot of
urine on shoes on like polished yeah black dress shoes right and, right, right. And you're like, already, what the fuck is this movie?
Because it's shot in this very Tony way.
It's shot by Janusz Kaminski, who's a great director of photography.
Steven Spielberg's regular.
Has shot every Steven Spielberg film.
It's quite nicely shot.
I mean, the man's a master of light and shadow,
and it's used all the time.
It's always these pools of light coming through the window.
It's dramatic.
It's great, but I have no idea why he's, you know.
If he and director David Dobkin, if they had a conversation, I don't know what it was because I don't know why he's shooting the movie so seriously.
And quick sidebar, David Dobkin had this idea apparently based on experiences with his father in elder years.
Is that right?
Pitched it to some writers.
They wrote it for him.
Pitched it basically
to the writer of Gran Torino.
Uh-huh.
Sent it around.
Downey Jr. saw it,
I think connected
with the Oscar potential
and we'll get in a second
maybe perhaps some
of the father issues
in the film.
Sure, yeah, maybe.
And the past demons
that the character
is dealing with
and brings it to Warner Brothers.
They give it a go ahead.
Dobkin's filmography
up until that point is
starts out with Clay Pigeons.
Yeah, in the sort of
comedy drama with Vince Vaughn.
It's alright. It's fine.
Yeah. Then he makes Shanghai
Nights. The sequel to Shanghai
Noon. Which is a masterpiece.
Shanghai Noon's great. Yeah.
Nights is a catastrophe. Not so good.
It's a super tonally misjudged
film. When Shanghai Noon gets
it just right. Yeah, Shanghai Noon's great.
And Shanghai Noon, for perspective, is from the director who then went on to direct Failure to Launch and Marmaduke.
So it's not like this is like, oh, he's got to take the reins over.
It's a cute script and good chemistry between them.
We didn't need another Shanghai Noon, really, anyway.
I did.
I was really asking for it.
I would pray for it every night before I went to sleep.
That's fair enough.
Why can't this franchise be Rush Hour 2?
That's what I would say.
Rush Hour comma T-O-O.
Then he makes Wedding Crashers.
Sure, which is a monster hit even though it's a garbage, overlong, bloated, misogynistic.
Fucking come at me, bro.
It's the worst.
It's not funny.
Wedding Crashers is terrible.
And it's ugly.
It's ugly. It hates gay people. It hates women. It only the worst. It's not funny. Wedding crashes are terrible. And it's ugly. It's ugly.
It hates gay people.
It hates women.
It only likes cool bros who fuck chicks.
Pretty much.
And it's not funny, and it's way too long.
It's also like two hours and 15 minutes.
It is very well shot, though.
I will say it looks nice.
Interesting.
I don't really remember how well it is.
It's very well shot.
Yeah.
Then he makes-
Fred Claus.
I mean, a catastrophe.
Yep.
Vince Vaughn is
Santa Claus' brother
Santa Claus played by
Paul Giamatti
The Jewiest Goy
In the world
I know he's not
But you can't
No yeah sure
I know what you're saying
It's the most Jewish
Well I think they were just like
We need a fat guy
Who's a fat guy
And like sideways
I'm trying to bring
Presents to the kids
Like he's
It's such an erotic
Santa Claus
Sure
Ludacris plays an elf.
They filmed a little person.
Yeah, they filmed a little person and then superimposed Ludacris' head so his neck never
moves properly.
John Michael Higgins plays another elf, has a love affair with Elizabeth Banks.
Murderers are of talent.
Kathy Bates Academy Award winner.
He gets good actors.
Miranda Richardson Academy Award nominee.
Okay, moving on from Fred Claus.
Did he make anything
between Fred Claus?
He made The Change-Up
which also blows so hard.
Another movie about peeing
where Jason Bateman
and Ryan Reynolds
pee into a fountain
and lightning hits it
and they change bodies.
And then he makes The Judge.
So at this point
his filmography is mostly
ugly misjudged comedies
that have regressive
social politics.
Fair enough.
And relationships in them.
And he goes, hey, this is my personal film.
Right.
I'm ready to make a Tony drama with Janusz Kaminski and heavy-duty big-deal actors,
and page four is peeing on another guy.
Like, immediately, he's up to his old fucking shenanigans.
He loves peeing.
It raises the question, would the judge be better if it was more of a comedy?
And I don't think there's a version of the judge that's good, but I wonder if the judge would be better if it took itself less seriously.
There is no doubt that the judge would be better if you cut literally 45 minutes from it and lightened it up.
Like, way up.
up like way up you know if you made the relationship between him and his dad similarly strained but in a more kind of like hey fuck you you know like not this like they're so mad at each other and
you do not know why like i know you kind of are told why but like it doesn't make any sense
and if robert dungeon was just allowed to be funny the whole time, and Duvall was allowed to be funnier, and there was no cancer, you've got to get rid of the cancer.
Uh-huh.
Then the movie would be okay.
It's also that thing you're saying-
And also way more of the, did I fuck my daughter?
Yeah.
Way more of that.
Okay, so let's get to this.
He's doing the case, and then he gets a call.
Yeah, he gets a call in the middle of the case.
His mother dies.
He goes, can we postpone this trial?
Right, yeah.
Which would never happen. Would never happen. Never, ever happen. Never happen. No, yeah, a call. In the middle of the case, his mother dies. He goes, can we confirm this trial? Which would never happen.
Would never happen. Never, ever happen.
No, yeah, that whole thing is weird. But he's so slick. He's such a fucking snake oil salesman.
He can charm anybody. Even if they hate him, they go,
oh, goddammit, you got it your way.
Goes back home to his daughter.
He's divorced. Oh, yeah, he goes to his, or he's
getting divorced. He's married to Sarah Lancaster.
Yeah. Who's, like,
complaining that she's sad. I don't know. But she had an affair or something. Like, she's not allowed to Sarah Lancaster. Yeah. Who's like complaining that she's sad.
I don't know.
But she had an affair or something.
Like she's not allowed to be particularly sympathetic.
No, she's got a ton of money in their house.
It's unbelievable.
Yeah.
And he's like, I'm taking my fucking daughter.
You know, like, and she's like, I'm sad.
You suck.
You're a shitty.
You work all the time or whatever.
You know, like we're getting a little more like rote exposition.
Like this guy's kind of, you know, divorced from everything but his job. But the immediate takeaway from the scene of him, he
and his ex-wife interacting is that both of them are
garbage people. Oh yeah, they're terrible. Both of them are
piece of garbage human beings. And they have this
awful daughter.
Oh my god.
A Jake Lloyd level
performance. You can hear the dad
reading the lines to her. It's like
she's supposed to be like precocious and level-headed or whatever and you dad reading the lines to her. She's supposed to be precocious and
level-headed or whatever, and you just
want to strangle her. It's
awful. But big information revealed
is that she did not know that
her grandfather was alive.
He goes, I'm going back home to see dad.
She's like, isn't he dead? And he's like, no, he's just
dead to me. He's dead to me.
He's from some podunk town in
Indiana where his dad is the local judge.
Yeah.
Who everyone calls.
The judge?
Yep.
So he drives back.
Everyone literally just calls him Judge.
Judge.
Like, how you doing, Judge?
Yeah.
My name is Judge.
I can't stop thinking about it.
I know, the whole time.
Yeah, I know.
It would have improved the film.
Yeah.
Every time they open a magazine in the film.
Yeah, my name is Judge.
He goes to this town.
He's got a nice car.
He's like, oh, boy, god damn it.
He's making a bunch of snarky asides to himself under his breath while he's driving through the town.
Right.
Back in hell.
This and that.
Goes home.
He gives some monologue.
Everyone wants to leave.
No one wants to stay.
Whatever.
Funeral service.
Funeral.
His mom is dead.
His dad, played by the legendary Bob Duvall.
Sure.
Is immediately very cold.
Right.
He's basically like, thanks for coming.
See you later.
How you doing?
And he's got two brothers.
He's got a brother played by Jeremy Strong who's like maybe a little slow.
He's always got a Super 8 camera.
He seems a little touched.
He's got, I'd say, like a Forrest Gump, Rain Man disease.
Yeah, kind of maybe some sort of,
it's completely unspecified.
Like there's no investment
in like what's going on with him,
but he's like, he's a little funny.
I would call it,
the term I'd like to coin now
is convenient retardation.
It's so fucking funny.
It's just enough retardation
to get weird things happening on screen,
but also not too much
that he's not functional.
And then you've got Vincent D'Onofrio, who I think gives the best performance in the film.
I'm going to counter that with a performance I want to get to in a second.
Okay, fine.
But I think D'Onofrio's good as his kind of washed up, fat, former athlete of a brother
who I think was maybe the golden boy, but now he's...
Yeah, and just feels like a sad, broken man, but with a really good, big heart.
Yeah, I guess so. He's really not a character. No, but he's trying to hold the family boy, but now he's... Yeah, and just feels like a sad, broken man, but with a really good, big heart. Yeah, I guess so.
He's really not a character.
No, but he's trying to hold the family together, right?
They go to this funeral, everything's tense.
Sidebar for D'Onofrio here for a second, because it's the thing that you and I are both obsessed with.
Oh, yeah, sure.
We both love credits.
Yeah.
We love...
Because it's getting to the politics of...
Yeah, yeah, billing.
Who gets what bank, billing, what ranking, who's above the title,
who gets separate title cards in the trailer.
All that sort of stuff is fascinating to us.
We are obsessed with the and or the with.
The with, featuring.
Yeah, those things.
Because all those are intense negotiations that you go through to get those kinds of things.
And so we love breaking those down.
The judge has one of the most tragic occurrences that can happen in the world of separate title cards and trailers.
The judge is really trying to present himself as an Oscar movie.
In the trailer.
In the trailer.
Academy Award nominee Robert Downey Jr.
Sure. And they show the shot of Robert Downey Jr.
Yep.
Academy Award nominee.
Robert Duvall.
And they show him and he's looking stern.
No, no.
Winner.
Winner.
Winner.
Winner.
Two time winner.
Yeah.
One time.
Just the one time?
Tender Mercies. That's it. Yeah. He didn't win for The Apostner. Two-time winner. One time. Just the one time? Tender Mercies.
That's it.
He didn't win for The Apostle.
He's looking stern.
Academy Award nominee Vera Farmiga.
She's smiling.
Half smirk.
Sure, yeah.
Vincent D'Onofrio.
And Academy Award nominee, winner, Billy Bob Thornton.
So he's just sandwiched in there.
There are five names and he's the only one who gets nothing.
His title card looks so naked.
It's so sad. There's so little
text on it. If I'm his agent, I'm like,
no, take him out of the trailer.
I'd rather he's not in it.
You're making him look shitty.
And he's a good actor. He's a great actor.
You don't want to put Emmy nominee in there?
He might be a Golden Globe nominee or something.
Yeah, for Law and Order, he must
at some point.
But he's giving a great performance.
It's nice that they put him single title.
Yeah, no, he's pretty good in it.
They go to the funeral.
Everything's kind of whatever.
Dad, he's acting irascible.
He gets in the car.
He drives off.
Yeah, right.
If they get in a fight, does he drink at that point or has he not had a drink at that point?
No, he's not drinking, but Downey saw him forget someone's name, his bailiff's name, in court.
And so Downey's like, is something up with him?
Interesting.
And yeah, we're told Duvall's characters are a recovered alcoholic, he insists.
And so Downey thinks he might be drinking again.
Right.
And he drives off in a car.
And then he gets arrested for running someone over.
The next morning, they look, the car has weird scratches on it.
Sure.
I mean, let's move things along.
The cops show up.
Yes.
And they say, you're a father.
Who drove this car last night?
Right.
And he goes, it was me.
And they go, you're a father. Who drove this car last night? Right. And he goes, it was me. And they go, you hit a man.
Yeah, you hit a man who you have a personal history with.
He's like, what?
Don Jr. is like, this is surely a mistake.
He's an old man.
It was an accident.
Why are you trying him for manslaughter?
Right.
And they said, because the man he hit was blankety blank blank.
Generic southern criminal name.
Jimmy Jock Jock Jock.
Yeah. And this was a man who was stalking a woman. Right. blank. Generic southern criminal name. Jimmy Johnson. Jimmy Jock Jock Jock.
This was a man who was stalking a woman.
The case came before
Duval 20 years
earlier. 30 years earlier. He gives him a lenient sentence.
30 days. Something like that.
He proceeds to the second he gets out of jail
He kills the woman. He kills the woman. He sinks her in
and he kills her. And so he goes in for 20 years
he just got out apparently and what does Duval do? Runs him the fuck over. He sinks her in a window. He kills her. And so he goes in for 20 years. He just got out apparently.
And that night.
What does Duval do?
Run him the fuck over.
Runs him over.
Yep.
Kills him.
This is an R-rated movie, by the way.
They say fuck a lot in this movie.
A lot.
Yeah.
A lot.
Yeah.
Nothing else.
Like, there's no other R-rated material in this movie.
They just say fuck a lot.
So here's the central dramatic crux of The Judge.
Donnie Jr. is ready to leave.
I really hate this movie.
There's nothing left for him in this town.
He's done his due time with his dead mother.
You guys know what the crux is.
Yeah, he has to defend his dad,
his grumpy old piece of shit dad
who won't even admit that maybe he did run this guy over.
Because I did not.
I really...
But then where were you that night?
I don't remember.
Why can't you remember?
I don't know.
He's a judge.
He's a judge.
He's the judge and now he has to go on trial.
He knows how the law works. And he's just being like, I don't know. I don't know. I's a judge. He's a judge. He's the judge and now he has to go on trial. He knows how the law
works. And he's just being like,
I don't know. I don't know. And he hires
Dax Shepard. My favorite character in the film
and the best performance in the film. Oh yeah, he's alright.
Yeah. Ben, do you agree or do you
hate it? I kind of hate it.
Really? I like Dax Shepard. But I guess
he's doing what he can with the
part. Dax Shepard's character is
like the local DA in the town. What's his day job? No, he's not a DA. He's just what he can with the part. Dax Hepburn's character is the local DA in the town.
What's his day job?
No, he's not a DA.
He's just a guy.
He's a lawyer, but what's his day job?
He works at a pawn shop or something.
He works at a pawn shop, and he's got a little office upstairs.
And he went to whatever, Indiana Community College.
I don't know what it is, but his diploma might as well be from Kinko's or whatever.
Dax Hepburn went to Harvard Law. He went to Northwestern.
Northwestern. I actually like that.
It's a reasonably good school, but it's not like he went
to the best school in the country. He went to a good
law school. He's always yelling at his dad for not even
showing up at his graduation. He was never there for him.
Which, by the way,
yeah, dick move, Duvall.
Show up for the graduation, at least.
You don't even have to talk to him.
Dak Shepard's like, why do you want me?
Your son's in the room.
Yeah, your son's a good lawyer.
He's a big shot lawyer.
And he's like, I refuse.
I won't have my son be the lawyer.
And he keeps talking about how we just need a good country boy.
Not as fancy city talk.
This movie is so fucking bad.
It's the worst.
He said, not as fancy city talk.
Every piece of dramatic shorthanded and play, Every five minutes there's some nonsense like that
So instead he hires
Zach Shepard
Who is a man with such
No we gotta say the best character detail about him
With a mouth full of bagel
He is a man with such intense stage fright
When it comes to performing in court
That he vomits extensively every time before
He has to appear in court
Because I think Downey Jr. is like
Oh it's cause you feel like you have a life in your hand You still care about your clients Don't worry it'll pass Or he has to appear in court. Because I think Downey Jr. is like,
oh, it's because you feel like you have a life in your hand and you still care about your clients.
Don't worry, it'll pass.
And Dan Schiffer's like, I sure hope it doesn't pass.
You're a real cynic, Mr. Downey.
He is, for me, the TC-14 of the judge.
No, he's not that good.
He's the character I want to see the entire film about.
No, no, Dino Fria's better.
No, I'm sticking with this.
They both should have been nominated.
No, they should not have been nominated for anything.
We skipped over a huge, huge scene.
Okay.
First night, funeral, three brothers are bummed out.
They go to a bar.
Sure.
There's a hot young piece behind the bar.
Leighton Meester in, I think Leighton Meester's an okay actress, but this is her worst work.
Yes.
She has an accent like someone was like, it's like she asked someone, like, where's this movie set?
The South?
And someone was like, huh?
And she's like, great.
And does a Southern accent for reasons I cannot decipher.
But it's like her research was just going to the Country Bear Jamboree at Disney World 12 times.
Well, we here at Bears are going to sing a song for you.
She's so bad.
She's so bad now.
Anyway, yeah, she's like, oh, you boys are sure cute.
I'm the bartender. A bunch of bro-y
guys come in, and they're trying to fucking start shit
with her, and Downey Jr. talks the guys down.
He does some crazy, like, oh, actually,
he's like, oh, yeah, you're gonna hit on her?
Well, I'm a lawyer, and I bet you guys have priors,
and they're all like, whoa, this guy's smart.
Yeah, rapist at three o'clock. He's making, like,
pithy, like, comments like that.
He's essentially doing the Fancy City talk,
right? Oh, God.
And she immediately falls for it.
And there's a cut, there's a time jump
to him really making out with Leighton Easter
in a phone booth.
Right.
And the two brothers,
the one who's conveniently retarded,
and D'Onofrio, heart of gold,
and no other character development,
are like,
up to his old tricks, what can he say?
The man is away.
Whatever it is, right?
Right.
But none of them have ever seen this girl before, seemingly have no no they don't yeah they don't they don't
say like oh that's blah right so i'm going this is gross yeah it's already gross because downey's
50 and leighton meester's like 24 and she's playing even younger you know i mean like it's
super gross and it's you're like i don't know if they fucked or they're just getting really handsy but either way, it's way too much.
I don't like it.
Yeah.
At the funeral,
the morning of,
he goes to a diner
and who's there working there
but his...
His old flame.
His great lost love.
His high school sweetie.
His high school sweetheart
who he left.
He didn't show up to the prom, right?
I don't know.
He ditched her.
He left town right after,
never came back.
Yeah, yeah, yeah.
But she was the one.
Played by Vera Farmiga.
She's still there and he's like, I'm surprised you're still here.
And she's like, I'm surprised.
Played by like a triple peroxided Vera Farmiga with like way too much eyeshadow where they're
like, let's make her look trashy.
Like she's a, anyway.
But good performance.
Solid.
No.
You don't think so?
I love Vera Farmiga, but she's terrible in this movie.
I think it's a solid performance.
I don't think it's her fault.
No, she's bad.
I don't think it's her fault, but they're catching up, right? I think it's her fault. I think it's a solid performance. I don't think it's her fault. No, she's bad. I don't think it's her fault. But they're catching up, right?
I think it's her fault. I think it's everyone's fault.
Everyone in this movie, it's a little bit
their fault. It's Duvall's fault
and it's definitely
Downey's fault. Yes. Yeah, anyway, go on.
Okay, so those two pieces are set in place,
right? Yeah, and I love Vera Farmiga. He's got this
hot side piece in town. Right, and he's got
the old flame. Okay, so now he's
still in town and he refuses to go back home because he's trying to make
sure his dad...
Yeah, out of some stubbornness.
I guess, like, it's never really explored why he's like, you know what, I'm gonna stay,
even though apparently all he's ever done is get the hell out of this town.
But I guess it makes sense.
So there's a lot of plot development in the first 30 minutes that we just set up.
And now the film introduces, like, one big wrinkleinkle and the film just essentially goes in circles.
Are you saying the cancer is the big wrinkle?
Yeah.
Yeah.
Why can't he remember?
Is he drinking?
And then you realize now he has cancer.
It's in his brain.
It's like brain cancer, right.
Right.
And he's losing his memory.
He's having chemo, which could have the side effects.
He's losing his memory.
Memory loss.
He refuses to acknowledge it because then all of his trials for like the last six months
as you know, when he was the judge.
Longer I think.
He's been in for a little while.
Yeah.
Would be maybe declared a mistrial because he was impaired.
And he's this old fashioned man who goes the legacy is the most important thing a man can
have.
I do not want my legacy called into question.
I'm going to die.
Right.
Yeah.
I might as well die.
Who cares if I die in jail, not in jail?
Like, I just don't want.
I just want to be a good judge.
Never cared about being a good dad.
He just wants to be a good judge.
I really would almost prefer to see a movie where he is the judge.
Like, because you just see one brief where he's like, he gives kind of a Judge Judy type,
like, you're going to sell your car back to that guy.
Yeah.
And that's the judge's ruling.
Judge, judge. Bang. You get, like, you're going to sell your car back to that guy, and that's the judge's ruling. Judge, judge, bang.
You get, like, the judge, judge.
You get, like, oh, this guy's a great judge.
Yeah, you're like, oh, tough but fair.
I would go show up to watch him do it, because he's, like, folksy and funny.
I would watch a reality show, yeah, about this folksy judge.
And fair, and he gives you kind of life lessons.
You can tell why the whole town would love him.
But then after that, he doesn't get to be the judge.
He just gets to be cranky mean dad and like silent
what's the
accused person. Yes.
In court. Eventually
you know, Dax Shepard's blowing the case
so hard that Johnny Jr. sort of. He like won't
object. Johnny Jr.'s like throwing legal pads
at him. Right. Yeah, he's throwing pads
over his shoulder with things to say.
Ken Howard, by the way, plays the judge in this movie.
The great Ken Howard. Sag after a president. Oh, movie. The great Ken Howard. I think he's running for
re-election. I just read the deadline yesterday.
And he's not good either.
I don't like you in this movie, Ken Howard.
And again, you kind of wish
he would have a little more fun with it, but instead
it's just like, objection! And Ken Howard's like,
overruled. Like, there's no
chance to play around.
You know what this movie
feels a little like to me?
Go ahead. David Dobkin,
a man with such crass,
base, stupid,
ugly comedic instincts. Sure.
Really trying to prove that he's a serious
master adult. Right, so he's dialing it too
far back. It feels like
the way that
13-year-old boys have to act during their bar mitzvah.
During the actual service in the Torah portion where they really have to put on the airs that they are now a man.
Right.
And then the second, like, the party, they fucking take it off and they put a glow stick around their dick and they're dancing to fucking Flo Rida.
And, like, you know, it's like.
Yeah, yeah.
Did you get bar mitzvahed?
I didn't.
No, I never have had a glow stick around my dick.
But you know what I'm saying?
It's like the kid, it's like, that's not a man.
That's a little boy.
I know.
And he wants to be poking someone with a stick.
And then once in a while, someone pisses on someone's shoes and you're like, right, there
he is.
He wants to have Dax Shepard vomiting.
He wants to do this.
But it's like, bar mitzvah kids, I saw some of the most charismatic 13-year-olds of my
generation get up on that stage and be so fucking boring because their main objective
is be serious.
Yes.
Look serious.
Right.
And like you're really thinking about what you're saying.
And so David Dobkin's direction in the scenes where people aren't peeing or puking.
Yeah.
Or shitting themselves.
This movie has a ton of bodily fluids.
That's true.
My favorite scene in the movie, we'll get to.
Okay.
It's like him going like, but I'm a very serious filmmaker and this is a very serious movie, which makes it so difficult to watch.
Also, it's really, really overlong.
Like you say, everything's kind of set up in the first half hour, 40 minutes of the movie.
So much in the first 30 minutes.
And then it just doesn't go.
You kind of want, the movie I wanted is all this set up and you're like, fine, and then give me a court case.
Give me an exciting court case.
Right.
Downey Jr.'s locking horns with Billy Bob Thornton who's playing this wise guy, really, really smart, kind of quiet, shark of an attorney.
He's like the southern Downey Jr.
Exactly.
But he has morality.
He's a shark.
Let's see them match wits.
Doesn't happen.
There's almost no court stuff except for the worst scene in the movie, which is the cross-examination of Robert Duvall.
What do you think of Billy Bob Thornton's performance?
I don't know.
He's kind of sleepwalking.
It's kind of a classic Billy Bob where you're like, I wish you, you know, he's one of the most talented actors of his generation.
But I don't know.
I think he's kind of phoning it in.
At least he's not over the top.
He looks amazing.
His look in this film is incredible. He's got a really, really, he's super of phoning it in. At least he's not over the top. He looks amazing. His look in this film is incredible.
He's got a really, really, he's super slim.
He is.
He's gotten really skinny.
He's gotten really skinny.
He's got his gray wig on.
Yep.
I prefer him with gray hair.
Yep.
A goatee.
Yep.
And like a really sharp three-piece suit.
Yeah.
He looks like a shark.
He looks fine.
Yeah.
But he doesn't do anything in this movie.
He hasn't. It's a terrible character. It's underwritten. So, Don Jr. He looks fine. Yeah. But he doesn't do anything in this movie. He hasn't.
It's a terrible character.
It's underwritten.
So,
Don Jr. becomes part of the case
and he's trying to prove it
and it's this whole battle
where he wants the dad to admit
if he says that he is undergoing chemo.
Right.
Then he basically wins
because impairment.
But this and that.
And the movie's just back and forth
arguments about this
and while they're back home
and he's going,
why were you never there for me?
Why were you this?
And the dad goes, why are you a disappointment? Why were you this? And the dad goes
why are you a disappointment?
Why do you still suck?
The brother
Go ahead.
has obsessively over his life
as one of those
magical little tics
He's got a Super 8 camera
and he films everything.
He's constantly filming everything.
I go put that damn camera down.
And Don Jr. is like
your camera's fine
but the dad hates the camera.
I hate this movie.
And so while they're fighting
about things that happened
in the past
sometimes the brother just sets
up a projector and plays
home videos. 8mm
films. It's so fucking annoying.
And so they're fighting about something and project it
onto their shirts and the background
behind them is video of them in
younger days. As children running around with cowboy hats
on. It's also, this movie's set in
2014. Yeah. 2014.
So Downey Jr. when he was a kid, well I guess, what was it? The 70s. I guess it's like, movie's set in 2014 yeah 2014 so Downey Jr. when he was a kid
well I guess
what was it
the 70s
I guess it's like
because it feels like
he grew up in like 1948
all the ages in this movie
are fucked up too
because Duvall they say
at one point
he was like 72
right
like he's playing
like 10 years younger
than he really is
and Downey Jr.
kind of is as well
Downey Jr.'s character
should be like 40
and Duvall should be 70 yeah yeah Downey Jr.'s character should be like 40. Yeah, right. Because he was a small kid.
And Duvall should be 70.
Yeah.
Yeah.
Danny Jr.'s character should be 40 at the most.
And he's 50 and Duvall's like 82.
Right.
And Duvall has like no hair left on his head, but they dye it brown to make him look a little younger.
So he's got these like wisps that are slicked back just on the sides and they dye it like a deep brown.
And it's like, oh, you're right.
That makes him look 70 instead of 80.
Well, he's in chemo, too.
He's in chemo.
He's going to dye those wisps.
It's like he's an old man.
Just let him play an old man.
But I really think, you know, Duvall and Daniel Jr. had done a couple films together.
Had they?
What's their?
This was a trivia question at the trivia night we used to go to.
It was The Gingerbread Man.
Okay.
And Lucky You, the Curtis Hansen poker movie.
I've never seen that movie. Neither have I.
It's supposed to be terrible.
Wait, Downey Jr. is in Lucky You?
I don't think he is.
Uncredited, I believe.
Yes, he is.
All right.
Duvall got the and on that film.
It's Eric Bana, Drew Barrymore, and Robert Duvall, and Downey Jr. is uncredited.
Oh, you're right.
Yeah, Telephone Jackie plays, whatever that means.
Yeah.
So clearly the two have some sort of admiration for each other.
Sure.
I think a big impetus in this film, in doing this film for him,
was this is a great part for Duvall.
I want to do a film with Duvall.
Right.
I have my own father issues.
I'm fighting with all this stuff.
And over the course of the film, it is revealed that the reason there's so much resentment
is that Downey Jr. had
as a young man
severe substance abuse.
He's high
and he's in a car accident where he's
driving I guess and D'Onofrio
is in the car and he like breaks his
hand or something and that means he can't be like a
pro ball player which is all Robert Duvall wanted
for him. Just like you want to
throw the movie out the window.
It's so hackneyed.
Now he's fat and sad.
Yeah.
Everything in the movie.
Great casting.
Poor Deneau Freelance.
Yeah.
Go ahead.
I mean, you're saying everything's so hackneyed.
There's literally a moment in this film where the two of them get in a fight and then storm
out of a car.
They can't deal with each other anymore.
Right.
And then they cut to a wide shot of the two of them walking in opposite directions.
Sure. On the directions. Sure.
On like the road.
It's like a big wide shot and it's just like, oh, these men walk different paths in life.
Like every, there's so much like fucking heavy handed, like visual symbolism of like, I mean,
literally projecting flashbacks onto their bodies.
Well, no.
And also then that scene where it's like the camera, the super, you know, starts playing and they're like, oh, turn it on.
He's like, no, leave it on.
And they watch it.
Like, oh, we were so cute.
And then there's footage of like the car, the totaled car and all this stuff.
Yeah, why did he go to the scene of the car?
Turn this off!
Turn this fucking off!
And it's like, oh, my God.
It makes no sense.
No, it's, and also we already know about that Duvall is mad at Robert Downey Jr. for this car accident.
Yet we need another scene where it's literally projected and Robert Downey Jr. starts, I mean, sorry, Duvall starts screaming like, fast forward it.
And he's like, I can't, it's film.
I can't fast forward film.
He's like, turn the fucking crank if you have to.
Turn the fucking crank.
It's so bad.
So their relationship gets worse and worse.
And Duvall's health declines more and more.
My favorite scene in the movie is
Dianne Jr. goes upstairs.
Is it the shower scene?
And he's shit all over himself.
Bob Duvall has shit all over himself.
The great Bob Duvall.
You don't really see it.
It's not.
Oh, I would disagree.
You think so?
Well, there's one key shot I will never forget.
There's one image that is permanently
burned into my mind but deval uh inarguably one of the finest actors ever to live i agree um
as shit himself and he's like puttering around and danger is like it's fine let me take care of you
and he like sort of pulls his pants and his underwear down you see the pants are totally
stained with shit yeah i guess and then he takes the shower head there's like one of those like
handle shower heads.
And he starts like hosing him down. And there's a very clear shot of Robert Duvall's wrinkly old man legs.
It's like the shot is like from like his lower thigh to his feet.
And you see the drain of the bathtub.
And he's just hosing him down.
And you just see shit running down his legs, down the drain.
The great Bob Duvall.
And they're in the shower
together for a while
and Duvall is naked
and like you know
again
I don't know
I got no beef with you
Bobby
and like I'm glad you want
you know
it's that thing where like
in a good movie
this would be like
a really tough to watch
kind of like difficult
a brave moment
like oh god
look at Duvall
he looks terrible
you can tell they think that's what it is.
Sometimes you got to take a real risk
and do a scene that's too tough for people to watch.
But then they undercut it by having the daughter
be outside the bathroom, like knocking me,
like, can I come in?
Can I help?
And they're like, no, you can't come in.
Fuck off.
Like, go away.
It almost turns into like a dumb gay panic thing.
Like it almost turns into like a fucking little fucker scene
where like they're naked together in a bathtub
and it's like, oh no, what's she going to think?
Yeah, yeah.
Just go away.
And she's like, well, I want to help.
I can't remember what excuse.
Because the daughter comes to visit
and the grandpa's really nice.
Yeah, yeah.
The daughter comes to visit and Downey Jr. is like,
no, don't be mad or don't be freaked out
just because my grandpa is so scary.
Don't worry about it.
And then, of course, yeah, he's really nice to her.
He only hates you, Downey. really nice to her. He only hates
you, Downey. He likes everyone else.
He only hates Downey Jr. And there's a dumb
speech at the end where it's like, hey,
it's because you had the most potential. I couldn't
watch you. This and that. Right? Okay.
Now, here's a subplot
that we've been burying. Okay.
We set up the two women. Yeah, yeah, yeah.
Right. And there's the scene
where Downey Jr. is... Is it when they walk away from the car. Yeah, yeah, yeah. For Miga and Meester. Right. Then there's the scene where Downey Jr. is...
Is it when they walk away from the car?
Yeah, it's somewhere around there.
Or a scene where his bike fucking breaks down.
He starts wearing his old Black Sabbath t-shirt, and he's on the bike, and he takes his hands
off the handles, and he raises them up in the air, and he's like, whoo!
And all these...
Garbage.
Garbage, garbage, garbage.
One of those scenes where he's on the side of the road for some reason. It happens a lot in this film.
A car pulls out and it's like, oh, need a ride?
Right.
And it's Vera Farmiga.
Sure.
And he gets in and she goes, hey, have you met?
My daughter.
And it's fucking Leighton Meester.
Sure.
So at first.
Already a little gross.
You're like, oh, weird.
He's making out with his sweetheart's daughter.
Yes.
And then. He starts to investigate with his sweetheart's daughter. Yes.
And then.
He starts to investigate the timeline.
When were you born exactly?
Ooh, that was eight months after I left town.
Yeah, it's like nine months after prom night.
Yeah.
To be exact.
When I left and then never came back and never contacted you ever again.
Right.
So he starts freaking out that he fucked his daughter.
Yeah. Although he just says made out with. Because he even vocalizes at one again. Right. So he starts freaking out that he fucked his daughter. Yeah.
Although he just says made out with
because he even vocalizes
at one point.
Okay.
He's like,
made out with your daughter.
We don't know that they had sex.
They definitely made out.
It was very handsy.
Yay.
They're in a phone booth
and he's fucking feeling her out.
No, no, I get you.
Yeah, he's got pussy fingers.
Excuse me while I eat more
of this pickle.
But it's kind of dropped.
You know, like,
they don't really...
It's one... I mean, again, and it's this weird mix of like, like you say, stately, Oscar
Beatty, prestige, and then that Dobkin shit charm where he's like, what if you fucked
your daughter by mistake?
Whoa!
Because this plot line is exclusively played for laughs.
It is, and it's exclusively played for Downey to do his classic, like, oh, did I, wait, did I
He's, like, trying to ask the questions around it.
It's, like, nervous, like, comedy of manners.
Oh, one question.
How old are you?
Twenty?
Oh.
What kind of genes do you think she has?
Like, it's that kind of, like, it's all played like that.
Anyway, ultimately, it's revealed that she's Vincent D'Onofrio's daughter.
Yeah, that is high school sweetheart.
So he didn't fuck his daughter, he fucked his niece.
It's okay.
And the movie treats it like, what a success.
Yeah, they're like, phew.
Not, oh, my brother slept with my girlfriend who I was in love with at the time before I left her and broke her heart.
He dumped her.
And also, I maybe fucked my niece.
And then that's it.
Done.
He doesn't even...
How does this movie even end?
Is he going to move back or not?
Well, it's...
It's kind of implied that he's going to move back in town, right?
Yeah.
With his daughter probably.
The dad ends up...
He gets convicted of manslaughter.
Squeezes the confession out of him.
No, no, no. There's this horrible scene horrible scene where yeah he's cross-examined yeah no i hated this scene
it's like you know what it reminded me most of the scene in big daddy where adam sandler
tells his dad how much he loved him on the stand during yeah you know what i'm talking about i love
that scene it works in big daddy it works over the Daddy. It works in Big Daddy. It's over the top, but it works in Big Daddy.
Oh, yeah, because Big Daddy's a ribald comedy.
Big Daddy's so awful.
Anyway, yeah, so it's a scene where Downey cross-examines his dad because his dad's like,
only guilty people don't take the stand.
And, you know, he asks him some basic questions.
Billy Bob Thornton asks him some questions.
It's kind of going nowhere.
And then Robert Duvall basically just confesses on the stand like, I think I hit him. You're forgetting
what the plot point is, how he gets it out of him.
Go ahead. He goes, and your
memory's intact. Have you been experiencing chemo?
No, no, no, no. My memory
is perfect, this and that. And he goes, let me ask you
a question. What's the name of your bailiff?
Set up from the first scene.
The bailiff who he's had at his side for like
30 years. It's like his old friend
the bailiff, Gus.
And when he can't remember the name of the bailiff, it's like open and shut.
This guy has a fucking faulty memory.
They still convict him.
No, but then you forget.
Then there's 20 minutes of that monologuing to each other of like, why did you convict this guy?
Why did you let him off easy the first time?
Because he reminded me of you.
Because he reminded me of you and I wanted to give him a second chance.
He was a troubled kid.
And then after I saw what he did to that girl, I became tough on you because I wouldn't let you become that.
By the way, I just want to say this movie is a lot worse than Star Wars Episode I The Phantom Menace.
No question.
Because, yeah, they're just reading out their character motivations.
Yep.
And it's horribly acted, especially on Duvall's part.
And you know what this movie doesn't have any of at all?
Spaceships.
Very true.
Where are the spaceships?
Which, like, we were burned out on fan mass by the end, but you watch something like The Judge and you go, like, well, any movie with spaceships is kind of cool.
Yeah.
It's true.
It's kind of cool.
It is.
It's true.
Yeah.
Even if it was this whole movie just set on a spaceship, it'd be a little better.
I love smart adult dramas.
No, yeah, sure.
This is a dumb adult drama.
Right, which I hate.
I'd rather take a dumb spaceship movie than a dumb adult drama.
Anyway, Duvall gets manslaughter, four years in the slammer.
After seven months, Robert-
He admits that he did it consciously, too.
Yeah, yeah, whatever.
Downey Jr., it doesn't matter.
You don't really care because the movie's like, the guy killed is a piece of shit anyway.
Don't worry about it.
Like, Grace Zabriskie has this weird performance in the background as the dead guy's mother.
Right.
Where she's kind of like undercut as like this manipulative, lying scumbag.
She's like, I visited him all the time in prison.
Robert Downey Jr. is like, you visited him twice in 20 years, so you can shut up, bereaved
mother of the deceased.
Fair-weathered friend.
Anyway, yeah, Duvall goes to prison.
After seven months, Downey springs him, I guess, for a fishing trip, even though he's
in prison?
I thought it was he was being released early for good.
After seven months?
That's pretty good behavior.
Yeah, really good behavior.
Anyway, maybe-
He's a judge.
He told other people.
He gave them folksy lessons.
Maybe it's because he is literally dying of cancer.
He looks terrible. He's all purple. He told other people. He gave them folksy lessons. Maybe it's because he is literally dying of cancer. He looks terrible.
He's all, like, purple.
Right.
They do some awful makeup on him.
And then they take a fishing trip, and he dies during the fishing trip.
And does he say, I love you?
He says something nice right before he dies.
They have a nice little comment.
I really wish that the movie ended with Danny Jr. just kicking Duvall into the lake.
You know, he's dead fine.
Boom.
Anyway.
Final moment.
He says whatever his thing is, like, you know, a judge dies, I keep the flag up, and I want
them to keep the flag up.
And they put the flag up.
And it's like, oh, great.
They go to the funeral, and the final moment of the film is, Dandrea walks through the
courthouse.
Oh, it's like a sacred place.
This is where Dad works.
He's finally understood who his dad was, and he sort of gets up there in the box, and he
starts spinning around the chair chair and the chair keeps on
spinning around and he's sort of looking at it.
And that's the final shot. Is he going to move back here?
Is he going to become the judge?
Who cares? I don't care!
Question. Do you think they were trying to set up a sequel?
Judge 2!
Judge Junior!
Yeah, sure. A TV show.
I would totally watch a TV show about Robert Downey Jr. as an irascible small-town judge.
Yeah, I would too.
Like, if his career had not taken off again, you know, like, yeah, I'd watch that.
I would also watch a season of a TV show in which Robert Downey Jr. played a hotshot lawyer,
and that season is called Alan McBeal Season 4.
That's true, and he's great in it.
That's another option. You can just watch that instead.
He's very slick, and he's funny, and he doesn't play a piece of garbage.
And there's one episode that's a musical
and you get to see him sing
and he's a great singer.
He's a great singer.
He released a couple albums of jazz standards.
Just the one, but it's pretty good.
It's called The Futurist.
The Futurist.
Anyway, Robert Downey Jr. in this movie.
Thoughts?
You're saying he was going for the Oscar.
Yeah. I'm pretty sure he is phoning this in. I disagree. You saying he was going for the oscar because i'm pretty sure he is phoning
this in i disagree you think he's going for it i think he's really going for phoning in but he's
just kind of doing his shtick i think it's so easy for him that's the thing it's always funny i think
he's working really hard but there's a thing of like i think artists always need to strive for a
little bit above what they've done before.
I think every single project you do in any fucking medium, whatever you're doing, if you've done something well before, you get lazy.
It's why so many sequels are shitty because the director goes, oh, I made this once.
I know how to do it again.
I can just do it again.
I can repeat it.
And even if they think they're really, they put their heart in it, they're working really hard, There's that tension that comes from when there's something at stake.
I've never tried something like this before, something at this scale before or whatever it is.
And Di Junior syncs up with those comments in that interview where he's like, me winning an Oscar, it's inevitable.
It's a matter of time.
I'm going to get the part.
So he just read the script and went, oh, this is a part I can kill.
This is an Oscar-y movie.
Weird thing, though.
Not really.
I mean, you look at the last 15 years of
oscars they don't reward this kind of stuff no and even the best picture winners of the last
whatever years are like the artist and the hurt locker and like no country for all men you know
i mean like some good some bad but they're not really like this the last sort of like very
sort of mannered beautiful mind um yeah and I'd say King's Speech falls into that too.
Oh, King's Speech, yeah.
But that's the British Tony thing.
And Beautiful Mind is like biopic.
It's like a historic figure.
There hasn't been a movie like The Judge
that's really sweet the Oscars in a long time.
And what I find interesting about it is
it's specifically the kind of shitty Oscar movie
that was getting attention and slam dunk nominations
for shitty performances
for Downey Jr.'s contemporaries
at the time that he was spiraling out of control.
Fair enough. In the 90s when he was
failing to make good on the promise he
had as a movie star, he was seeing like
These were the prestige movies.
I know what you're saying.
I mean the movie kind of looks
like a civil action which
Robert Del Valle was nominated for, which
she's fantastic in.
It's not a great movie with Travolta.
Another really well-commerced, I all shot it.
It's a really good-looking movie.
But it feels like he's like, I want to make an Ed Zwick or Steve Zalian.
That's the problem with this movie.
It is too shitty.
It's a stately legal drama and an annoying
like my dad doesn't love me drama if he's working through his issues like in this performance which
might be it doesn't really show because he kind of just keeps up the downy junior force field all
the time like the kind of charming even when he's mad and he's like you're such a fucking bad dad
and he punches thing like you know he's still doing he's also such an unlikable character yeah
he doesn't lose it he's such an unlikable character there's one moment in that scene where he gets kind of
real i remember like sitting there for like five seconds being like oh that feels a little real
and a little raw but literally five seconds within two hours and 25 minutes of a fucking movie
um now we should say duval was nominated for an oscar which is bananas it is crazy because i mean
i think they just were like oh sure because he's Because he's just- Tell the audience what I'm doing right now.
He's pointing to a banana.
I'm holding up a banana because it's bananas.
It is bananas.
I mean, it really felt like just some kind of default.
Like, sure, the veteran gets it.
Yeah, why not?
And he's nominated with Edward Norton for Birdman.
Sure.
One of his finest performances in a movie I hate, but a great performance.
Good performance.
Ethan Hawke in Boyhood.
Probably his best work ever.
So good in that movie.
Mark Ruffalo in Boxcatcher.
I mean, just one of the best actors.
Incredible.
Incredible in that, but also great in everything.
And then J.K. Simmons, who won for Whiplash.
Performance of a lifetime.
I mean, one of the most iconic performances of the last ten years.
Absolutely.
And then The Judge.
And The Judge.
And I can't, I mean, my memory's lapsing me after fucking like eight months of us obsessively handicapping these things to each other.
There were other better performances.
There were other people who were sort of like in the running who were worthy, who were in films that were seen and were recognized.
All of that is so annoying.
And there's sort of the argument of like, well, it's Duvall, they now name him for everything.
Civil Action was previously his last nomination.
There was almost 20 years.
Is that right?
Civil Action, I think, is 97 and this was 2000.
Isn't The Apostle in between those?
He's really good at that.
I believe The Apostle's before.
Is it?
That's fair.
I think Civil Action was his last one.
You know what?
He's fantastic in his open range.
He's so good in that.
Get Low, a lot of people thought he was close to getting a nomination. He's okay in that.
That's more of a classic kind of grumpy
Duvall. But my point is...
He makes so many bad movies. You're right. Civil Action, 98.
And The Apostle, 97, which he is
so good in. He directed that film. That's
a terrific film. Nobody talks about it anymore.
I think Duvall's great. I think he's one of the finest actors
of all time. Absolutely. He has won an Oscar.
He makes a lot of shitty movies, though. Yeah, but it's so...
Fucking De Niro and Pacino and whatever. I have no beef. I'm just saying. He's He has won an Oscar. He makes a lot of shitty movies, though. Yeah, but it's so, I mean, fucking De Niro and Pacino and whatever.
I have no beef.
I'm just saying, like, you know,
he's happy to phone it in.
Well, but here's the thing.
I think Duvall phoning it in
is better than a lot
of his contemporaries.
Because we like to watch him yell.
We like to watch Duvall
be like grumpy old Duvall.
And he's always been
so naturalistic.
Yeah.
You know, so small
but so emotionally deep.
There's a real well of feeling
within him, whether he's yelling or he's sad, he's
broken, he's angry, whatever it is.
He's a very engaging
screen presence. De Niro, when he's phoning
it in, really is sleepwalking. That's true.
And Pacino, when he's phoning it in, is just yelling.
You know, to talk about two of the other guys who came up around
the same time as him as sort of this new wave
of method actors. The Godfather guys. Right, the Godfather
boys. Godfather boys. Godfather boys. of method actors. Right, the Godfather boys.
Godfather boys.
Godfather boys.
Duvall's so good in the Godfather movies.
Yes.
Oh, Tom Hagen is one of my favorite characters ever.
And he's so restrained in those films.
So restrained.
I mean, it's beautiful, beautiful work.
And he only didn't win because the other Godfather people won.
No.
Was he nominated for both of them? He was nominated for the first, not for the second.
Okay, so the first one he loses to.
That year, Khan, Duvall, and Pacino were all nominated for Supporting Actor.
They all lost to Joel Grey in Cabaret.
Oh, which is a great performance.
My point is, the argument that, oh, they just nominate Duvall for everything doesn't hold any water.
You could go, well, this is a meatier part that he's got in a while but it's a shitty meaty
part it's a piece of shitty meat
it's a fucking horse steak it's even
a garbage piece of fucking
cat rib I don't know
you know it's like garbage meat
what's this movie wild horses season next year
though I don't know that sounds cool
James Franco's in it
like
why now be like you know Deval
is doing good work.
And my argument is,
if you're going to nominate him for the judge,
then you should retroactively nominate him
for literally every movie he's done the last 20 years.
Because he is no better or worse in the judge
than he is in Jack Reacher.
Like, he's fine in Jack Reacher.
And he's fine in this.
He's a great actor.
But I think part of it is what we're talking about.
Like, he does a scene where he shits himself and gets washed off naked in a shower.
He has a couple of...
I remember, I think his Oscar clip was that scene where he's yelling at Downey during the tornado.
We forgot about the tornado.
Oh, Jesus Christ.
Suddenly they're like, it's a tornado!
And they have to go into the basement and they have a fight.
They have a fight so bad that they have to leave the tornado shelter and go fight out in the open.
And an homage to everyone's favorite father-son scene from Man of Steel.
Oh, yeah.
Warner Brothers has become the go-to studios for...
Tornado fights.
Tornado fights between fathers and sons.
Anyway, and that's the scene where he's like,
Oh, boo-hoo, I didn't come to your graduation.
Well, fuck you, I paid for it.
And it's, you know...
Again, you're like, he could have gone to his graduation.
Look good at graduation, brother. Anyway, I hate this movie. And it's, you know, again, you're like, he could have gotten a risk-earned duration. Look good, graduation, brother.
Anyway, I hate this movie.
I can't believe you made me watch it.
I had to watch it the same day I watched Entourage, the movie,
which is a better movie than The Judge.
Wow.
It's really bad.
So a new question to present for you
before we try to answer our major question
and then never talk about The Judge ever again.
Never.
And for any of our listeners who actually watch The Judge.
We're so sorry.
I'm so sorry.
And thank you.
And we won't test your loyalty this much going forward.
But I do think.
Yeah, we won't.
That's true.
You will learn something from seeing this movie.
It will give you a needed perspective.
It's like what Einstein said.
We need to drop the atomic bomb once so that we never dropped it ever again.
Yeah.
I just want to make this clear.
Yeah.
We're not doing a podcast about bad movies.
No.
That's not our intention at all.
Yeah.
I find this one fascinating.
We're going to cover some of our favorite pieces of art of all time.
Definitely.
We're going to cover interesting failures.
Our job here is not just to shit on things and then wash the shit off our legs with a
shower handle.
That's not what we're here to do.
But I needed to share this movie with people because no one fucking saw it.
I watched it out of completism. I wanted to share this movie with people because no one fucking saw it.
I watched it out of completism.
I wanted to see all the nominees for the Oscars.
I even watched the fucking documentary shorts and everything.
I watched literally everything last year.
The Judge was the last one I watched.
I watched it with my roommate,
and he resented me for making it.
He had a tough day at work,
and he was like,
yeah, you want to watch some TV? And I was like,
what if we watched The Judge?
Yep. So you saw a screener. I did. SAG screener. I got a SA what if we watched The Judge? Yep.
So you saw a screener.
I did.
SAG screener.
I got a SAG screener of The Judge.
Yeah.
After it had been nominated, I had to vote in the SAG awards.
Who'd you vote for?
I forgot to vote this.
You idiot.
I'm obsessed with awards.
I forgot to vote.
But here would have been my choices.
I would have gone J.K. Simmons, Patricia Arquette, Rosamund Pike, and Jake Gyllenhaal.
That's pretty good.
Gyllenhaal was nominated for the SAGs and not for the Oscars.
I didn't like Nightcrawler.
We can talk about it.
I love that performance.
It's a pretty good performance.
Cumberbatch would have been my runner-up.
I think that was...
I didn't like Cumberbatch.
I hate that movie.
I think it's a beautiful performance.
Weirdly, I like the movie.
Okay, I hate...
I don't hate the performance.
I don't think much of it.
No, he's pretty good.
You know what?
Whatever.
This is a perfect lead-in to the big question I want to ask you.
Oh, go ahead. David, we've been friends for a little over two years now. Is that right? Yeah. Yeah, he's pretty good. You know what? Whatever. This is a perfect lead into the big question I want to ask you. Oh, go ahead.
David, we've been friends for like a little over
two years now.
Is that right?
Yeah.
Yeah, more than two years.
Right.
But we became fast friends
and deep friends.
We very quickly were like,
we became friends
because Alyssa Stonoa,
a friend of the Gethard show,
followed both of us on Twitter.
I think we followed each other
and pointed out that we were
tweeting very similar things
at the same time.
Yeah, especially about our respective crushes on Winona Ryder and Beetlejuice.
Right.
Either when we were that age or aging her up to present day.
No, I think it was when we were that age.
Yeah.
And was like, are you guys not friends?
Yeah, right.
And then we started DMing, sliding to your DMs.
We slid into the DMs.
Yeah.
Saw some movies together, got drinks, had a fun time.
Then started going to this trivia night together.
Became obsessive. It took over
our lives for about a year.
We both sort of felt like we need to step away
from it because we were failing in other aspects.
That's true. Responsibilities
as men.
One of the reasons we wanted to do this
podcast together was to find a reason to spend
time together. We love analyzing these things. We thought we
could make something out of it so we're not just jawing about
chewing the fat. Yeah. Return to something else
that people might like. It's a great excuse for us to
hang out on a weekly basis. I agree.
I am really touched that people actually like listening to it.
Me too. It's so much fun.
Does the fact that I made you watch
The Judge, will it
have irreparable damage on our friendship?
No, not at all. No? No.
I felt a little guilty.
Last night when I realized you were watching The Judge, I was like, this is actually maybe
a big ask for a good friend.
Please.
No.
No, not at all.
I love watching these movies.
Come on.
I love watching movies.
I know.
Even when I hate them.
Even when I have to watch Entourage the same night and review it for The Atlantic.
Still happy to do it.
But here's the question.
Go ahead.
Did Don Jr. really think this was going to win him
an Oscar? I don't know what he was thinking.
But that's crazy, right? Because his part's not
even that showy. I mean, Duvall's the good part.
Yeah, Duvall's the good part. In quotes.
It's the Oscar-y role.
It's not a well-written role.
He played it to the best it could be played.
I mean, Downey must have thought, like, this movie
will be a big hit, it'll get good reviews, and I'll coast to a nomination based on that.
I guess.
I don't know.
In this case scenario, he's the Tom Cruise to the Dustin Hoffman in Rain Man.
I mean, it's like he's the support part to make someone else look better.
Does he think, well, Duvall's going to win the Lifetime Achievement Award, the second
Oscar before he dies, and I get Best Picture?
Yeah, no, Downey's out of his mind.
Here's what you got to do.
Biopic, you you know like you did
with Chaplin
something where you're
really physically
testing yourself
as an actor
Buster Keaton
hey man
that's actually
a pretty good idea
he'd be great
old sad
Buster Keaton
when Buster Keaton
wasn't allowed to
he fucked up
he got sold to MGM
and they made him
do talkies
with Jimmy Durante
and he wasn't good at it
and he had this
really gravelly voice
and everyone was
thrown off
by the fact that
Buster Keaton who like looked like an
angel was like I don't know where this
beer is coming from
this is the thing if Downey Jr.
just free advice Robbie and come on the
old sad Buster come on the show
anytime I love you Robert Downey Jr.
one of my favorite actors
I'm sorry we shat all over your movie
for an hour and 20 minutes
but you know your movie was 2 hours and 20 minutes we could, you know, your movie was two hours and 20 minutes.
Oh, boy.
We could have gone longer.
He's got to do something where he doesn't do the Robert Downey Jr. thing.
Agreed.
Like, that's the thing that's holding him back.
Yes.
He needs to not rely on his natural charisma, his natural kind of, like, screen magnetism,
and do something where people are like, whoa, like, that's Robert Downey Jr.?
I can't believe it.
I believe that-
That's what impresses awards voters.
Yes.
I believe that the cornerstone to getting an acting nomination, especially a win, is
to surprise people.
It's a surprise.
Because Robert Downey Jr. should have been nominated for Kiss Kiss Bang Bang.
He should have been nominated for Iron Man.
Those are magnetic screen performances.
The Marvel movies literally are on the back of his performance in Iron Man where it's like, here's a guy who makes a comic book character seem like a human being but also seem like a comic book character
and fun and in charge of witty and zingy and ugh.
And he notoriously rewrote and or improvised most of the dialogue in that film.
Right, and it's great.
It was the bare structure of the script and he was like, I don't want to say these things this way
and reworked every scene.
He's playing with great actors.
He's awesome in it.
That's the thing that people realize down the line, like, oh, we should have given him more credit for what he was doing there, especially in the first one.
And he's great in Tropic Thunder, too, which is like, you know, he gets nominated for a thing where he's out of his mind in that movie.
So I think there are, like, two different types.
It's like, oh, I've never seen this actor be this good before.
I'm surprised because I've never seen them kill it this hard.
Right.
Or I've never seen them even try to play something like this.
And Meryl Streep, everyone goes, oh, they nominated for everything.
They nominated for everything.
She's always fucking doing crazy things.
She's always doing something different.
Every year when the slam dunk Meryl nomination film comes out with its trailer
and I'm like, what is it this time?
I go, that actually is something I haven't seen her do before.
Right.
And I'm not saying she's always good, but she is always at least changing it up.
There's always a surprise.
Oh, I didn't know she could play that kind of thing.
You know?
She's doing a different dialect.
She physically transforms herself.
All these kinds of things.
You know?
Yep.
You need that element.
And Donnie Jr. is so cynically trying to give the people what he thinks they want based
off of the movies he wasn't allowed to make in the 90s because he was doing too much heroin.
And what he needs to do is surprise us,
work with someone who's going to push him out of his boundaries,
not a fucking David Dobkin who's got dumb instincts
and also he can probably step over if Daniel Jr. wants to overpower him,
but someone like Paul Thomas Anderson,
you know, who's not going to let him coast.
Even Sam Raimi.
Even Sam Raimi.
He actually would have been great in Oz the Great and Powerful.
He would have been great.
And that movie would have been 40% better if he was in it. Still would have been bad. But it would have been great in Oz the Great and Powerful. He would have been great. And that movie would have been 40% better if he was in it.
Still would have been bad.
But it would have been 40% better, which means it would have been 40% good.
Right.
It's maybe 10% good.
Yeah.
It's got a couple of good Raimi touches.
The opening's actually beautiful.
And Zach Braff's weirdly kind of funny in it.
Nope.
Okay.
Not giving you that one.
I'm going to cut that.
He plays a monkey.
Yeah, cut it.
Please cut it.
He plays a porcelain monkey. Yeah, put a lightsaber. No, the little girl's plays a monkey. Please cut it. He plays a porcelain monkey.
Put a lightsaber.
No, the little girl's porcelain.
Put in a lightsaber effect and cut that out.
He plays like a monkey in a bellhop uniform.
Yeah, and also don't mention my dad's financial problems, Ben.
Let's not talk about those.
Right, don't mention those on Mike, Ben.
That's the judge too.
That's true.
Griffin Newman and his dad get mad at him because he keeps talking on the podcast about his dad's financial problems.
Judging my dad's finances.
And the poster's me like this going, oh boy.
All right.
We have gone really long.
We needed to.
And we should never speak of this movie again.
We should solemnly swear never to talk about the judge.
It's in the Disney vault.
We're never talking about it ever again.
Lock it down.
And next week we're going to talk about Star Wars Episode 2.
Attack of the Clones.
Dose.
Attack of the Clones. DOS. Attack of the Clones.
And I think an interesting angle to hit it at for the first week to give you a little teaser of what's coming is how does Episode 2 function as a sequel?
Yeah.
I want to next week just review it as a sequel.
And we can just talk about our first impressions of this film.
Right.
And what we thought would happen in a second Star Wars movie and what does happen in it.
Whew.
Special guests Cody and Molly are going to be on mic.
No, they are not.
No, they're not.
I don't think they've spoken to each other in like eight years.
Thank you all very much for listening.
Next week we'll do Star Wars stuff that you like.
And producer Ben, the poet laureate of Griffin David Presents,
Closing Thoughts,
Judging the Judge,
Closing Thoughts.
You watched the first half
of this movie,
gave up,
said it was garbage.
Yep.
I really could not
keep watching.
But, hey,
there's a great shit scene.
Thank you all for listening.
And as always,
keep on wiping that shit.
On the beats,
the parts I'm not singing, will you keep on repeating judge?
Sure.
Judge, judge, judge, judge, judge.
Judge.
Judge, judge, judge, judge, judge.
Judge.
I'm Bob Duvall. Oh!