War Crimes (Episode 305)
First Aired: Wednesday, 7th November, 2001
Teleplay: Aaron Sorkin
Story: Allison Abner
Director: Alex Graves

Not a Josh and Donna scene, but interesting and relevent, nevertheless.

She Should Be Done By Now
Sam's Office. Josh frets whilst Donna is at the deposition.

SAM: Donna thinks you're still pissed at her.
JOSH: I'm not. I wasn't before. When did she tell you that?
SAM: Before she left.
JOSH: You've heard from her?
SAM: No.
JOSH: She should be done by now.

I Screwed Up
Bullpen / Josh's Office. Donna returns from the deposition and sees Josh near her desk.

JOSH: How did it go?
DONNA: Well, I need to talk to you for a second.
JOSH: What happened?
DONNA: I need to just--can we go in your office?
GINGER: Hey, how'd it go?
DONNA: Fine.
(they go into his office and close the door)
JOSH: What happened?
DONNA: I was asked if I kept a diary, and I said no. Only, I do keep a diary.
JOSH: Why did you say you didn't?
DONNA: I don't know.
JOSH: What do you mean you don't know?
DONNA: Nothing in the diary is relevant, I just--
JOSH: Is there anyone else on the witness list who know you keep a diary?
DONNA: Well, there's nobody who knows I keep a diary, except the thing is, Cliff saw it.
JOSH: What do you mean?
DONNA: Cliff came to me after the deposition and told me he saw the diary when he was in my apartment. (beat) I swear it wasn't premediated--no-nothing in it was material--nothing in it was--
JOSH: You don't get to decide that! You don't get to decide what's material and what isn't, Donna!
DONNA: Please keep your voice down.
JOSH: This is how it happens--they've got nothing on the President with MS, they're trawling, then you go in and hand them a--
DONNA: I know--
JOSH: You were subpoenaed--you were under oath! You answer the damn questions!
DONNA: I screwed up--
JOSH: You think?!
DONNA: (beat) What should I do?
JOSH: Do nothing. Do absolutely nothing.

It's Going To Be Fine
Evening, park bench. Donna and Josh sit in silence as Cliff approaches from the other side of a fountain. Josh walks over to him.

JOSH: There's a coffee shop across the street. You'll read it there, you've got an hour. (Cliff nods) I haven't read it. But if anything bothers you, you'll issue a subpoena in the morning--you'll have it back before the end of the day. If not, that's that.
CLIFF: Yeah.
JOSH: If I read any of this in the newspaper or anything happens I don't like, I've got the entries for October fourth and fifth.
CLIFF: What's October fourth and fifth?
JOSH: You.
CLIFF: That's fair. (beat) Thank you.
(Josh hands Cliff the diary and slowly walks back to the bench after watching him leave)
JOSH: It's starting to get cold already. (off Donna's silence, he half-heartedly puts an arm around her) It's going to be fine.

Many thanks to The West Wing Collection for the wonderful screencaps!