The trial lawyer community, unwilling to offend the Democrats they depend
on for so much business, has been largely silent on the ethical breaches
of lead Gore attorney David Boies as the election crisis plays out in Florida.
Not so NewsMax.com's Jack Thompson, an attorney who, unlike Boies, is licensed
to practice in the Sunshine State.
After filing a complaint Wednesday against Boies with several legal disciplinary
committees in New York (the state where he actually is licensed to practice),
Thompson is on the warpath again.
Today he fired off this missive to the chief justice of the Florida Supreme
Court:
Dear Chief Justice Wells:
As you know, New York attorney David Boies is not admitted to practice
law in the State of Florida. He is doing so by special dispensation of this
Court by means of his temporary pro hoc vice status. You must revoke that
privilege.
Why? On behalf of the Gore-Lieberman campaign, Mr. Boies put before
you and the other six Justices an affidavit from a participant in Pullen
v. Milligan, 561 NE2d 585 (Ill 1990), which has been proven false. Mr. Boies
used that false affidavit to misrepresent to you all the ultimate resolution
in Pullen.
Additionally, aided by the false affidavit, Mr. Boies used dicta, or
extraneous language, from the Pullen decision to make it appear as though
"dimpled chads" were counted as votes, when in fact just the opposite was
the result in Pullen.
You cite prominently Pullen in your historic November 21 ruling. This
ruling was relied upon by the Broward County canvassing board. You have been
hoodwinked. The board was hoodwinked. America was hoodwinked.
Let us be generous and assume Mr. Boies simply did not have the time
or staff to research Pullen carefully. After all, his firm's web site
(www.bsfllp.com) links to
all the mainstream media's articles proving that he is the most brilliant
lawyer in America, and surely such a lawyer was a victim in all this. A man
of such reputation would not bend the truth for a client.
Surely now, however, Mr. Boies knows the truth, now that the Chicago
Tribune has proven that the affidavit upon which you relied is false and
that the result in Pullen is the opposite of what Mr. Boies has told you.
I have shared with Mr. Boies directly, in writing, his victim status
in this regard, and I have pointed out to him his clear duty to come to you
and admit the "mistake," upon which you all relied.
Mr. Boies refuses to do so.
Maybe his refusal is for lack of time. Mr. Boies was tied up in front
of Leon County Circuit Court Judge Sauls insisting that the Judge sign an
order on a ruling not yet rendered by Judge Sauls, so that Mr. Boies could
appeal his non-decision to the Florida Supreme Court before there is even
a hearing.
Your Honor, I went to Vanderbilt Law School with Al Gore, and he dropped
out before taking the mandatory third year course entitled "Legal Ethics,"
so he has an excuse for asking his lawyer to engage in the tactics that have
made Mr. Boies a victim.
But I would ask you to ask Mr. Boies what is his excuse for failing
to admit to you all that you improperly relied upon Pullen.
His mistake is no longer a mistake; it is now a calculation. He, by
his knowing silence, has calculated that you seven Justices will not care
that the most important judicial opinion of the year is based upon a lie.
I respectfully ask the Florida Supreme Court to begin immediately, as
you have the right to do, proceedings to revoke the pro hoc vice privilege
of Mr. Boies to practice law without a license in our state, a state he has
made the laughingstock of the world.
In doing so, please afford Mr. Boies all the equal protection he has
afforded the voters in our fair state who were foolish enough to live in
Republican counties.
By the way, today's NY Post reports that Mr. Boies is laboring under
an ethics investigation in New York State, as he is presently accused of
paying a fact witness to testify. You can read the story today at
www.nypost.com/gossip/pagesix.htm
on the Internet. A copy of the story is attached hereto.
Please cleanse your ruling of its false foundation. Cleanse our state
of Mr. Boies.
Respectfully, Jack Thompson
