Boies has been in front of Sauls this week, parrying with the Bush
campaign's attorneys over a range of issues, including whether the judge should order yet another hand recount of thousands of contested ballots from
Palm Beach and Miami-Dade counties.
Tuesday, Sauls refused to order the recount at this time, instead
setting a hearing later in the week on the issue. But the ballots are now on
a truck headed for Tallahassee just in case.
Late this afternoon, Boies put in front of Sauls an order prepared by
Boies saying that the judge had ordered the hand recount not to occur.
Once the order was signed, Boies could then take an appeal of this issue to
the Gore-friendly Florida Supreme Court. The law is that you can't take an
appeal unless and until there is an order entered. No order, no appeal.
Sauls angrily told Boies, who persisted in asking for the order, that
he wasn't signing any order until he decided what to do on the recount issue
after the hearing, not before.
The judge has received a fax directly into his chambers alerting him that
Boies is ethically challenged, as shown by his submission of a false
affidavit to the Florida Supreme Court, which allowed Boies to mischaracterize a
key Illinois Supreme Court case.
The bottom line is that this evening Boies has no order to appeal,
thanks to Sauls.
Judge Sauls knows that desperate lawyers do desperate things, and he seems to
know that there is a desperate lawyer in his courtroom.
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