Prominent attorneys, including David Boies, voiced their apprehensions on Wednesday regarding the corrosive impact of incivility and politics on the U.S. legal system. Speaking at an event hosted by the conservative Federalist Society in Washington, D.C., Boies expressed deep concern over the increasingly “toxic” process of confirming federal judges, emphasizing its domination by political considerations rather than a focus on appointing capable judges for non-controversial cases. The panel discussion, centered around upholding civility in the legal profession, also featured Deborah Enix-Ross, President of the American Bar Association, and Charles Cooper, a well-known conservative lawyer from Cooper & Kirk.
Boies, known for his involvement in politically charged cases such as Al Gore’s Supreme Court battle against George W. Bush in the 2000 election and the overturning of California’s gay marriage ban, emphasized the necessity for lawyers to exhibit respectful conduct even during contentious cases. Furthermore, Boies expressed his belief that the indictment against former President Donald Trump in New York’s criminal case “contributes to the divisiveness” prevalent in American society. He criticized the prosecution, asserting that it undermines both the rule of law and public confidence in prosecutorial discretion, suggesting that a “higher hurdle” should be required to charge a former president. Trump faces charges of falsifying business records related to concealing pre-election payments made to Stormy Daniels, an adult film actress who claimed to have had a sexual encounter with him. Trump maintains his innocence and has accused prosecutors of political motivations.
The decision to elevate what would typically be a misdemeanor offense to a felony charge has raised eyebrows among legal experts due to prosecutors suggesting the involvement of a second crime. Although the specific offense has not been disclosed, court filings have indicated that it may encompass tax and election law violations.
While Manhattan District Attorney Alvin Bragg has defended the case, characterizing it as a standard white-collar prosecution, his office declined to comment on Boies’ remarks.
David Boies, renowned for his liberal advocacy and courtroom triumphs, has faced criticism in recent years for his involvement in high-profile cases such as representing Harvey Weinstein, the disgraced former Hollywood producer convicted of rape, and Elizabeth Holmes, the founder of Theranos.
