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Jewish World Review Dec. 6, 2000/ 10 Kislev, 5761
Marianne M. Jennings
http://www.jewishworldreview.com --
RICH IRONIES surround the battle for the White House. Baby boomers who
rioted at Kent State and sat unrepentantly stoned as they occupied Columbia
now see anarchy in every assembly of Republicans with "Sore/Loserman"
placards. Those who defended to the cob the right of Gen Xers to dress as
ears of corn in the streets of Seattle in protest of Frankenfood, thereby
disrupting the flow of Komodo Dragon Blend Starbucks (a felony in
Washington), are suddenly skittish about shouting young Republicans in
khakis.
But there is unsurpassed irony in a nation held hostage by lawyers, both
on and off the bench. 'Tis disconcerting. One of the Florida Supreme Court
justices queried on the "electorial" college during oral argument. Ruth Bader
Ginsburg sounded like part of a vaudeville team cueing Laurence Tribe with
softballs. This woman once found the Alabama Supreme Court incapable of
handling damage limitations and imposed a silly "raises a judicial eyebrow"
standard on the local yokels. Now she bows to the Florida Supreme Court for
Al Gore, whose boss appointed her.
Lawyers nearly gave themselves whiplash rushing to get to Florida for a
piece of the action. Mr. Gore's lawyer, Laurence Tribe, a constitutional
scholar and Harvard law professor, is walking proof of William Buckley's
theory that we would be better off governed by the first 500 souls listed in
the Boston phone book than by Harvard's faculty. Tribe's 30 appearances
before the U.S. Supreme Court cannot disguise the fact that he is little more
than a bottom-feeder trial lawyer. He was part of the tobacco cases and now
shakes down gun manufacturers for billions for cities. He led the successful
and vitriolic fight against Robert Bork's Supreme Court nomination. Tribe is
the founding father of the destructive modus operandi Democrats have used
ever since to get their way. Mr. Gore is a perfect client for Tribe.
David Boies, Mr. Gore's Florida point man, was ousted from Northwestern Law
School for having an affair with a professor's wife who later became his
second wife. However, Yale Law School (alma mater to Hillary, Bill and that
nice Lieberman boy) took him in and the faculty call him "absolutely
brilliant." Not brilliant enough to sustain a marriage - he is on his third.
These are seedy folk, these trial lawyers, the number one contributors to the
Democrats in the last three federal elections. Boies' temporary victory for
Gore in the Florida Supreme Court (all 7 justices were trial lawyers) had its
cornerstone in a false affidavit he filed stating that Illinois counted
dimpled chads as votes. The court ruled just the opposite. Mr. Boies has
yet to retract the affidavit, something even loosey goosey lawyer ethics
demand. Justice John Paul Stevens relied on it in oral argument with no
correction by Mr. Tribe forthcoming. Mr. Tribe is the perfect lawyer for Mr.
Gore.
These lawyers come as close to ethical lines as one can without doing
hard time. The Leon County omnibus hearing on hand counts found Gore's Yale
statistician humiliated during cross-examination because Team Gore filed his
incorrect and contradictory affidavit before the Florida Supreme Court
without his knowledge, review or signature. Gore's recount case is
embarrassingly contrived and weak - and that's with the lying. It is only
Boies' name that prevents guffaws. Boies serves as the handmaiden of trial
lawyers who fear controls should Bush prevail. He reigned them in in Texas.
Boies et al. are part of an elite group of legal technicians who can argue
any side of any case for any body. Tactically brilliant, they are artists of
argument and wizards of briefs. But the law they practice comes with the
price of moral disengagement. Legal technicians never question the merits of
their clients' claims or the implications of their victories. Like
gunslingers, it's the notch on the belt that matters. Morality is in the
win, not the cause, case or client.
The president of the Arizona State Bar (take our leader, please)
responded, when asked for his proudest moment, that it was when it took a
jury only 12 minutes to reach a "Not guilty" verdict for a client who had
confessed to killing a convenience store clerk. The Circle-K murderer is
free and his morally disengaged technician brags.
Legal technicians now hold democracy hostage. But, we have been
imprisoned by lawyers and activist judges for some time. They have been
unilaterally remolding society for decades in everything from product
liability to sexual harassment. Still, their work in Florida for Al Gore's
"counting the votes" is a real coup. They need not bother with litigation
end-runs around voters if they can control what votes count. Stalin was
right, "Those who count the votes decide everything." Trial lawyers' Florida
litigation has them moving beyond the judiciary they already control. They
are there for the kill in the legislative and executive branches. The fight
for votes is not Gore's alone.
From the tactical depths of moral
disengagement, lawyers lay siege to the will of the
12/01/00: Liberals' art of trashing of women
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