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Election 2000

Election 2kThompson Calls on Supremes to Nix Boies in Florida

By Carl Limbacher

November 30, 2000

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

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