David Boies

Law Professors, Lawyers, And Donald Trump: A Time For Patriotism Over Sycophancy

In the midst of the national and international crisis of Donald Trump’s “love affair” with Vladimir Putin, we are seeing law professors and lawyers who are acting like sycophants, and in the process harming their reputations, at a time when patriotism should win out over sycophancy.

Law Professors, including Alan Dershowitz and Jonathan Turley are finding ways to justify Trump’s illegal, immoral, and unconstitutional behavior, while Laurence Tribe is adding to his reputation as a respectable and legitimate scholar.

Meanwhile, well known attorney Joseph diGenova is promoting conspiracy theories about the “Deep State” and is undermining the FBI and the intelligence agencies, while Theodore Olson is showing how dignified, decent and credible he has always been.

And these are just the best known law professors and attorneys, splitting and dividing, as we learn who the legitimate law professors and lawyers really are, in this greatest of all constitutional crises.

Dershowitz, a former professor at Harvard Law School, and a renowned attorney in the O J Simpson case and many others, has said that Special Counsel Robert Mueller should never have been appointed, and that a “witch hunt” is being conducted against Donald Trump, using the exact language of the President. Dershowitz sees no evidence of any crimes by Trump, but also does not see it as likely that Trump would fire Mueller, although last June, Trump came close to firing Mueller, a month into the investigation. This is crazy legal judgment, and makes one wonder what Dershowitz’s whole purpose is.

Turley is a professor of law at George Washington University, claims there is no evidence of collusion by Trump with Russia, and he agreees with the idea of a second Special Counsel to investigate the FBI, a mind boggling example of sycophancy by Turley, undermining the ability to investigate the illegal actions by Trump. Turley has become a favorite to be on Fox News Channel, and it undermines his whole career as a law professor.

Tribe, a renowned professor at Harvard Law School, has been a strong critic of Donald Trump, and has advocated his impeachment, and is publishing a new book on that topic, out in May, but already number one on the Amazon list of best selling books. Tribe has been a credit to his profession and to the law school community for decades, and is not selling his soul to the Right Wing which has no problem with the disgraceful Presidency of Donald Trump.

diGenova has long been seen as an attorney who relies on conspiracy theories and undermining of respect for the law, so it is not surprising that he has now joined the Trump legal team, out to destroy the FBI and the intelligence community, and overlook the facts on the case against Trump.

And Olson is a well respected attorney, who defended George W. Bush in the 2000 Presidential election controversy; then lost his wife Barbara in the plane that crashed into the Pentagon on September 11, 2001; followed by joining fellow attorney David Boies, his rival in the 2000 election controversy in fighting the case for gay marriage in court, leading to the Supreme Court decisoin in 2015. Olson has rejected the idea of joining the Trump defense team, and adds to his stature by doing so.

This is a time for patriotism and justice over sycophancy and demagoguery, so Tribe and Olson are to be commended, while Dershowitz, Turley, and diGenova are to be condemned!

Gay Marriage Finally National: The Advancement Of Human Rights Reaches A New Pinnacle Of Social Justice!

On June 28, 1969, the Stonewall Inn, a gay restaurant and nightclub in Greenwich Village in New York City, was raided by police, leading to a large scale riot. It was the beginning of the gay rights movement, the struggle against oppression.

46 years have passed, and on June 26, 2015, the Supreme Court upheld the right of gays and lesbians to marry everywhere in the United States, a path breaking advancement in human rights, reaching a new pinnacle of social justice. It makes America a more perfect democracy, promoting equality and liberty for another class of citizens who have faced oppression. It is a tremendous expansion of human rights and social justice!

America is a better nation for this fantastic development, and much credit is due to several people, including:

Then San Francisco Mayor Gavin Newsom, who was the first chief executive to promote gay marriage in California, and officiate at many gay weddings n 2003. He is now Lieutenant Governor of California, and likely successor to Governor Jerry Brown in the next gubernatorial election in 2018.

Ted Olson and David Boies, opposing attorneys in the Bush-Gore Presidential battle in 2000, who pursued the constitutional case promoting gay marriage, helping to lead it to Supreme Court decision yesterday.

Associate Supreme Court Justice Anthony Kennedy, who wrote the majority opinion in four crucial Supreme Court cases, in 2003 (Lawrence V Texas), two in 2013 (Hollingsworth V Perry) and (US V Windsor), and yesterday (Obergefell V Hodges) Without him, none of this advancement of gay rights and gay marriage could ever have occurred. Interestingly, all four of these cases were decided on June 26, of those years, 2003, 2013, and 2015!

The history of the gay rights movement is yet to be written, but it will be seen as part of the great movement forward as evidenced by the abolitionist crusade against slavery; the woman suffrage movement; the civil rights movement; the labor union movement; the environmental movement; the disability reform movement; the promotion of a safety net as represented by Social Security, Medicare, and now ObamaCare; and the immigration reform movement!

Irony: Bush V. Gore Attorneys Joined Together To Win Gay Marriage Case In California!

It is extremely ironic to realize that the opposing attorneys in the infamous Bush V. Gore case, which George W. Bush won over Al Gore in the Supreme Court, making Bush the 43rd President of the United States, have now triumphed in the most significant civil liberties decision in recent memory, the case against Proposition 8 in California.

This victory in the Supreme Court last month allowed the revival of gay marriages in the most populous state in the Union, with about one out of every eight Americans!

That case, along with the case that declared the Defense of Marriage Act unconstitutional for its discrimination against gay couples who wished to marry, will stand out in the history of civil rights and civil liberties in America.

And these two heroes are Ted Olson, who represented George W. Bush, and David Boies, who represented Al Gore, and now are joined together in a case that will go down in history as just as important as the Bush V. Gore case, and possibly more so, as the long range effect of winning gay marriage in the Supreme Court is massive!

The Bush V. Gore Attorney Rivals Now On Same Side For Gay Marriage

It is ironic that the two attorneys joining forces to fight for gay marriage and call for the rejection of Proposition 8 in California and the Defense of Marriage Act are rivals who fought the case for the 2000 Presidential election contest in the Supreme Court between George W. Bush and Al Gore.

Now, Ted Olson and David Boies are working together after Olson won the case for George W. Bush, but both of them, one Republican and one Democrat, felt that the case for gay marriage was so strong that they were willing to overcome their rivalry, and fight for a basic human right, the right to marry, for all people, not just straight but gay as well!

It demonstrates that there is a case for both Republicans and Democrats, conservatives and progressives, to join together on an issue of fairness, equality, equal protection of the laws, and basic civil rights.

The gay marriage and gay rights movement could not have finer advocates for their cause than these two brilliant attorneys!

NAACP Endorsement Of Gay Rights And Gay Marriage As Another Civil Rights Struggle: Major Victory!

The leading, and most reputable, Civil Rights organization in America, the National Association For The Advancement Of Colored People (NAACP), has just endorsed gay rights and gay marriage as equivalent of another civil right, as much as the African American struggle for equality in the 1950s and 1960s.

This is a major victory for gay rights and gay marriage, and will help bring over many African Americans, who because of religious beliefs, have opposed such developments in California, North Carolina, and elsewhere, helping to cause defeats of referendums on the issue of gay marriage.

There were already signs of a beginning of a new attitude among blacks on the topic, and this will only help the progression toward something that will become more and more the norm over time, and in 40 years, we will look back with amazement at the opposition, just as was so with interracial marriage in the 1960s.

The “equal protection” clause of the 14th Amendment was utilized by the NAACP to justify their stand for gay marriage as a civil right.

This is the way that could be utilized in the future by the Supreme Court, and if a case came up in the short term, such as the California case pursued by Ted Olson and David Boies, the Court COULD rule in favor by a vote of 5-4,. assuming that Justice Anthony Kennedy, who made the majority in 2003 for gay privacy rights in Lawrence V. Texas, were to vote the same way.

One could say that Anthony Kennedy’s vote in 2003 had a great effect in spurring the rapid development of the gay rights movement in the intervening nine years from then to now!

So a Supreme Court endorsement of gay marriage could be in the offing sooner, rather than later!

Did Barack Obama Go Far Enough On Gay Marriage? Ted Olson Does Not Think So!

In the midst of all the celebration and joy over President Barack Obama’s strong endorsement of the right of gay men and women to marry, he included in his statement on the issue that the matter should be dealt with on the state level, state by state.

But Ted Olson, former Solicitor General under President George W. Bush, disagrees.

He and David Boies, the two lawyers involved in the Bush V. Gore election controversy in 2000, are fighting to bring the denial of gay marriage in California, after it was first allowed, to the Supreme Court, with the idea that the Court can determine the constiitutionality of gay marriage, much as they did with interracial marriage in 1967, with the Loving V. Virginia case.

Yes, it is true that 31 states have banned gay marriage in votes of the people of those states, but why should a basic human right, the right to marry, be subjected to a vote of the people?

If this was done about interracial marriage, even today, a majority in many states would ban such a relationship, but it is not the right of anyone to tell others that they cannot have happiness, and this is the point of conservative Ted Olson and liberal David Boies!

There should be a national standard on marriage, and it should be legal and consistent everywhere in the country.

A Supreme Court decision could mandate this and end the issue for good!

And it is certain that such a decision would not prevent churches and synagogues from deciding not to marry gay people, since civil marriage is all that would be covered by such a decision.

Hopefully, sometime soon, the issue of gay marriage by civil method will be resolved in the law in favor of human rights!

An Amazing Alliance: David Boies And Ted Olson!

The California District Court case today, declaring Proposition 8 unconstitutional, was won because of the strong arguments of an amazing alliance of two leading attorneys–David Boies and Ted Olson!

David Boies is a liberal Democrat and Ted Olson is a conservative Republican, who opposed each other in the Supreme Court case of Bush V. Gore, which led to the Court declaring the vote count in Florida over, and awarding the state’s electoral votes to George W. Bush over Al Gore in the 2000 Presidential Election!

But the two men now have joined together in an impressive alliance, based on the idea that gays have the same rights as other citizens, and that prejudice and discrimination cannot be allowed to deny basic civil liberties and human rights, including the right to marry!

Olson was Solicitor General under President George W. Bush, and therefore has argued cases before the Court other than the Bush V. Gore case! Boies also has a very impressive record in court on numerous cases, so this is an alliance of power!

Hopefully, the two men will go down as the equivalent of Thurgood Marshall was in the Brown V. Board of Education case in 1954!

The battle must still be fought through the higher courts, but with such stalwart figures behind the gay marriage case, hopefully the moral and right thing will win out, and justice will be served! πŸ™‚

The California Gay Marriage Case: A Civil Rights Cause!

An important case is about to be decided in California, regarding the issue of gay marriage.

For two brief periods, gay marriage was allowed in California, until Proposition 8 negated the idea in the 2008 election. About 18,000 couples were married before the passage of Proposition 8.

The plaintiffs are a lesbian couple with four children who are represented by a unique duo: the opposing lawyers in the Gore V. Bush case in the Supreme Court in 2000, which decided the Presidential election that year.

Ted Olsen, who represented George W. Bush, and David Boies, who represented Al Gore, have teamed together to fight Proposition 8, as discriminatory against two lesbians or gays having the right to the institution of marriage.

To many Republicans and conservatives, the fact that Ted Olsen, who was Solicitor General under President Bush, would agree to take on the case jointly with David Boies was a surprise, but Olsen argues that giving the right to marry to two people of the same gender does no harm to anyone, but provides due process and equal protection under the 14th Amendment!

No matter what the result in the California courts, it will have to be sent on to the federal appellate courts, and ultimately, to the US Supreme Court.

But Olsen’s comparison of the issue of sexual orientation in marriage to earlier 20th century civil rights struggles was an inspiring closing argument in the case!