Boies May Be Blocked From Supreme Court

Specifically, Al Gore is appealing the Dec. 4 order of Circuit Judge Sanders Sauls.

The identity of the organization that is about to file these documents to boot Boies from the case is known to me, but it cannot be shared at this time. As soon as the court papers are about to be filed, however, they will be published at NewsMax.com.

The basis for this effort is Boies' representation, three weeks ago in oral argument before the Florida Supreme Court, of the crucial Pullen vs. Milligan "dimpled chad" case.

Boies submitted to the high court the affidavit of a lawyer in Pullen, Mr. Lavelle, who swore that this Illinois Supreme Court case resulted in the counting of "dimpled chads."

A subsequent article in the Chicago Tribune proved that the affidavit was false and that indeed dimpled chads were never counted.

The false affidavit was also provided by Boies to the Broward canvassing board and improperly relied upon to count dimpled chads and harvest an extra 600 votes for Gore.

Boies was then given a corrective affidavit by Lavelle recanting the first false one.

Boies, however, has continued to miscite the Pullen case, even in Sauls' courtroom. Bush attorney Barry Richard, in his closing argument Sunday night, referred to Boies' misconduct in doing so.

Boies is bound by the lawyers' Code of Professional Responsibility to inform the Florida Supreme Court that it relied upon a false affidavit to fashion its Nov. 21 order, in which Pullen is extensively cited.

Proof of what Boies must do and yet has not done was provided in the Paula Jones sexual harassment case. When President Clinton was deposed in that case, with Judge Susan Webber-Wright presiding, Jones's lawyers asked about a woman named "Monica Lewinsky."

Bob Bennett, Clinton's lawyer, anticipated the question and had in his hand an affidavit signed by Lewinsky stating, under oath, in effect that "I did not have sex with that man, Bill Clinton." Bennett gave it to the judge to stop inquiry in that regard. But for the false affidavit, Clinton probably would have clearly committed perjury that even the Democrats in Congress could not have defended.

When, Bennett subsequently learned, as we all did, that the affidavit was false, he went back to Wright (as required by the ethics code) and told her that it was false and that she should not rely upon it. Shortly thereafter, Wright brought a bar complaint against Clinton.

Because of Boies' continuing failure to correct the record, the Washington-based National Legal and Policy Center filed formal ethics complaints against Boies in Florida and New York.

I have learned of an imminent filing with the Florida Supreme Court of a pleading that will ask the high court to revoke, immediately, David Boies' pro hac vice status before the Florida Supreme Court.

Boies is not licensed to practice law in Florida, having a license only in the New York, where, by the way, he is being investigated, as reported in the New York Post last week, for having allegedly paid a fact witness money to influence his testimony.

Boies, by virtue of his pro hac vice status, serves only at the pleasure of the high court and is, in effect, on probation as to any questions that can be raised about the ethical level of his lawyering.

Team Gore might do well to find, immediately, a new attorney to stand before the Florida Supremes to characterize the law and the facts who is not operating under an ethical cloud.

Gore needs a lawyer the Florida Supremes can believe. Boies, aided by a false affidavit, led the Florida high court down a primrose path at the end of which the U.S. Supremes, yesterday, handed them their heads.

Gore has a lawyer who reminds us of the fable of the little boy who cried "wolf" one time too many. Eventually, no one believed the boy.

No one believes Boies.

Al Gore won't stop. Read NewsMax.com's urgent letter. Click Here to find out how you can help inform America about Al Gore's election theft.