Bad Boies

The renowned liberal attorney threw ethics out the window to help Harvey Weinstein.

Boies told Farrow that he didn’t think this was a conflict, explaining that he was doing the Times a favor by pushing the newspaper to vet its Weinstein coverage carefully. “If evidence could be uncovered to convince the Times the charges should not be published, I did not believe, and do not believe, that that would be averse to the Times’ interest,” he told the New Yorker.

 .. In the Trump era, we often measure justice along one simple axis, one that pits the president and his bullying New York attack dogs against legal rules and norms. But there is and has always been a second axis, one populated by respectable, principled attorneys who will work against the rule of law when they are working for the extremely wealthy. Consider Jamie Gorelick, the longtime Democratic activist and deputy attorney general under Bill Clinton, who represented Jared Kushner and Ivanka Trump in their business affairs. While Gorelick stepped back in July from handling anything related to Kushner and the Russia probe, her view has always been that everyone deserves quality representation.
It is a long-standing American legal tradition dating back to John Adams that even contemptible people deserve good representation. The problem comes when counsel for the 1 percent finds themselves helping their clients contract out of, or bully their way around, the legal rules imposed upon the rest of us.
wealthy to fail.

What Boies seems to have done here is the very opposite of fighting for the rule of law. Rather, it looks an awful lot like aiding and abetting a man determined to bypass legal sanctions with money, privilege, and terror. At the very least, he created an attorney-client bubble around grotesque abuse. But Boies also should have known what lawyers and investigators were doing to vulnerable women in the interest of protecting Weinstein. In conceding that he failed to supervise or manage a raft of outside investigators, Boies was also admitting that Weinstein essentially bought his way around his legal relationship with his lawyer, then deployed that same legal relationship for cover.

There are many, many legal stratagems that allow society’s wealthiest to buy their way out of criminal and civil sanctions. In Weinstein’s case, those stratagems have included oppressive nondisclosure agreements and legal threats and attempts to confuse and harass witnesses. Anyone who has watched Donald Trump ooze his way out from under oodles of lawsuits knows that there have always been Platinum Elite workarounds for the rule of law—and lawyers willing to fly you there. This week we learned that Boies may very well be one of them.