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Key: Culture |
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Key: National Politics |
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| Preshow |
Web Promo |
| Hello/Intro |
Key: Culture |
| Conversation |
Key: National Politics |
| Thanks/Goodbye |
| Preshow Return to index of stories... |
PROMO/PRESHOW Track: They faced each other for the highest stakes in the nation's highest court. Now, Ted Olson and David Boies have teamed up to save America's courts. OUTLOOK OPEN Track: This is a NH Outlook Special Presentation |
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Track: They first met as adversaries in Bush v. Gore. Ted Olson was the lead attorney for candidate George Bush; David Boies for Candidate Al Gore. More than a month after the 2000 election, in a 5-4 Supreme Court decision, Bush prevailed. Bite: NewsHour Gore Concession 0:48 ** While I strongly disagree with the court's decision, I accept it. Track: Now these former adversaries have found common cause: preserving the justice system. They are cochairs of a Task Force holding hearings around the nation. With shrinking budgets, court personnel are being laid off, and those left must cope with increasing demands on a shrinking resource. Bite: ABANow Web. 0:57 And, actually, we have taken to soliciting pen and pencil donations from vendors like Westlaw and Lexis. Now, that's -- that is as -- as tight a budget, I think, as you can get. Track: Following the task force hearing in Concord, Ted Olson and David Boies and Olson sat down to talk about their nationwide effort to preserve justice for all. HOT SWITCH HOT SWITCH |
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16:54:30 David Boies and Ted Olson, welcome to NH Outlook. I think it's fair to say you two have an interesting history. You faced off in Bush v. Gore - Olson for George W. Bush, Boies for Al Gore, with the presidency at stake for a month. 16:54:50 NOW - A DECADE LATER - WHAT STANDS OUT ABOUT THAT CASE FOR BOTH OF YOU? 16:54:54 in some ways…the aftermath….bitterly contested court…after is was over, accepted the rule of law…by one vote…nobody took to the streets…a lot about our democracy…determines what happens. 16:55:50 WAS IT YOUR BELIEF IN THE SYSTEM THAT HELPED YOU GET OVER IT? 16:55:52 I think that's what helped everybody…resolution in the courts, not in the streets…could vote him out of office…here in the United States. 16:56:23 BEING ON THE WINNING SIDE, WHAT IS YOUR… I agree with David…. went to England and France after that….they said the same thing - 5 weeks contest…lots were emotional…no one went to the street 16:57:09 It was….great testimony to the Supreme Court…Justice Breyer…talks about …respect the court… 16:57:35 there were 2 arguments separated by 10 days…everyone was focused on…THE WORLD WAS HOLDING ITS BREATH…we had been working day and night …on opposite sides.were tired and worn out…exhilarating…respect that process. 16:58:25 IN THE YEARS THAT FOLLOWED BUSH V. GORE, I THINK MOST WOULD SAY THE TONE OF OUR POLITICAL DISCOURSE HAS GONE DOWN. YET YOU TWO - WHO COULD BE CONSIDERED TO BE NATURAL ANTAGONISTS, INSTEAD JOINED FORCES IN 2009 IN A VERY DIFFERENT FIGHT - AGAINST CALIFORNIA'S PROPOSITION 8 WHICH BANNED GAY MARRIAGE - AFTER 18,000 MARRIAGES. HOW DID YOU CONNECT AT THAT POINT? 16:58:52 I was originally asked by some in CA…took away the right ….16:59:10 DO YOU THINK THEY WERE LOOKING FOR SOMEONE - WELL-KNOWN CONSERVATIVE - TO FIGHT THE UNEXPECTED FIGHT? 16:59:13 …they wanted that to be done by someone who knew the Supreme court…an added attraction that I was a conservative…right thing to do…I did not want it to be about me…what is going on…I said we need someone respected…I suggested David…a millisecond…I called him up …don't think I got the question out…before he said yes. 17:00;40 17;00:45 IT'S GONE WELL SO FAR, IT'S NOW - IN APPEAL? On appeal…17:00;50 WHAT IS YOUR EXPECTATION? IF IT DOES GO TO THE SUPREME COURT, WHAT KIND OF FIGHT DO YOU EXPECT THERE, GIVEN THE CURRENT COMPOSITION OF THE COURT? 17;01:00 Let me interrupt for a moment, it's gone well because we won in the district court.a 134 page opinion…Prop 8 violated the due process…YOU WERE QUOTED AS SAYING "WE WERE OVERWHELMED BY THE STRENGTH OF OUR OWN CASE." BUT LOOKING AHEAD, AS YOU BELIEVE THIS CASE IS EN ROUTE TO THE SUPREME COURT. 17:01;37 Probably…some issues particular to California….going to be a case….another challenging…going to go to the supreme court at some stage. 17:02:11 17:02:12 TED, I WAS WONDERING WHEN YOU SIGNED ONTO THE CASE, WHAT WAS THE REACTION OF YOUR MANY CONSERVATIVE COLLEAGUES? 17;02;18: Some of them think it's not a great idea….some are libertarian…out of private lives…time in this country to put discrimination behind us…relationships of 10 years. 35 years…more we talk…people want to talk to David and I…hear our story. 17;03:21 That gives us an opportunity to talk about discrimination. 17:03:25 17:03:26 DO YOU FEEL THE WAY YOU ARE DOING IT COULD MAKE IT EASIER FOR REPUBLICAN AND CONSERVATIVE CANDIDATES WHO WISH TO TAKE A STAND ON THIS SIMILAR TO YOURS. WE'VE HAD ISOLATED CASES - FORMER VICE-PRESIDENT CHENEY - WE HAVE THE NH PRIMARY ABOUT TO GET UNDER WAYAND IT'S CLEARLY A LITMUS TEST. 17:03:48 17;03:49 We have seen a 17 point shift…part of that is our case…expert witnesses….two of us talking…they know someone who is gay. more and more are changing their minds…let's put that behind us. This is not our country. 17:04:44 I think it could….legislative battle…leading proponents of equality are conservatives…that kind of shift….uniting …this is an issue of constitutional rights, this is an issue of ending the last bastion of official discrimination in this country. 17:05:29 And moving on to a more inclusive society. You see people of every political stripe coming out that way …25 years from now, people growing up now…won't comprehend what all the fuss was now. 17:06:00 17;06:09 TED, ON A MORE PERSONAL NOTE, ON 9/11, YOU WIFE BARBARA WAS LOST ABOARD ONE OF THE HIJACKED PLANES. NEARLY 10 YEARS LATER, WHEN YOU LEARNED THAT OSAMA BIN LADEN WAS DEAD, WHAT WERE YOUR THOUGHTS? 17;06:24 So many things, of course it brought back…one of the feelings…sense of relief…symbol of brutality…innocent people…all faiths…feel him laugh and mocking us…still doing it…this is like how many felt when they learned Hitler was dead…was very relieved.no such thing as closure…coming up to 10th anniversary…also very gratifying what president did…members of our ….great relief. 17;08:05 17:08:04 FOLLOWING THAT, YOU SERVED FOR A TIME AS SOLICITOR GENERAL AND WERE INVOLVED IN THE FIGHT AGAINST TERRORISM. LOOKING BACK ON THAT ERA - SOME OF IT WAS CONTROVERSIAL SUCH AS THE PATRIOT ACT - DID WE DO IT RIGHT - DID WE GO TOO FAR IN SOME WAYS? 17;08:25 17;08:26 I think we did a good job…greatest civil right is to be alive….by and large we have done well…irritated like anyone else when I have to go through airport. 17;09:10 I KNOW THE FORMER DEAN HERE AT THE LAW SCHOOL, JOHN HUTSON, HAS BEEN OUTSPOKEN ABOUT GUANTANAMO BAY. DAVID, DO YOU AGREE WITH TED ABOUT THE BALANCE WE HAVE ACHIEVED? 17;09;18 I think.never exactly right but refining that balance….constitution is not a suicide pact…two administrations grapple with this problem…each trying to find that balance…not that different…didn't get that wrong either. 17:10:36 17;10:40 LET'S TALK ABOUT YOUR LATEST COLLABORATION WHICH IS THE TASK FORCE ON PRESERVATION OF THE JUSTICE SYSTEM. DURING THE HEARING IN ATLANTA, TED YOU SAID "we are at a crisis point. AND USED SIMILAR LANGUAGE HERE. 17;11:00 HOW DO YOU CONVINCE THE AMERICAN PUBLIC WHICH IS FACING SO MANY DEMANDS AT A TIGHT FISCAL TIME TO MAKE THIS A NUMBER ONE PRIORITY? 17:11:04 When you car is stolen…that person is arrested but out on the streets…every one needs the justice system….finding because of dramatic cuts…taking 5 years for a civil case…not able to get into the court room…have to get across …going to happen to you tomorrow…been degraded so we don't have a justice system anymore. 17;12:28 17:12:30 WOULD YOU SAY IT'S NOT A QUESTION OF COMPETENCE BUT OF CUTS? I think it's clearly a question of funding…they can't do their job without adequate funding….25% laid off in NH….modern technology…everyone suffers…and the day after. 17;13:20 SO MANY LEGISLATURES ARE MADE UP OF LAWYERS - THEY ARE THE LAWMAKERS. SO WHAT IS THE PROBLEM HERE - ARE THEY IGNORANT OF THE NEEDS OF THE LEGAL SYSTEM. 17:13:40 a number of things…judges, court clerks…surprised by some of the things we learned…responding to pressure and attention…justice system doesn't have a natural political constituency…left really to bar associations …protect it …beginning to see…protects our liberties…when that system begins to deteriorate…1% of the budget…that is something …people beginning to do that. 17:15:28 WHEN YOU HEAR THE STORIES. SUPREME COURT THAT HAS TO BEG FOR PENS AND PAPER. Or the Supreme court judges that don't have health insurance. DON'T THESE SOUND LIKE THIRD WORLD COMPLAINTS? 17:15:40 We heard today …lawyer from Guatamala was shocked…yes it sounds 3rd world…trying to sound the alarm 17;16:30 We thought it was bad.vastly more…this message needs to be out…officers of the court - we owe…tell the truth….lives up to its constitutional promise. 17:17:03 17:17;06 WE HEARD FROM AN ATTORNEY TODAY DURING ONE OF THE SO-CALLED HUMAN INTEREST STORIES, AND AT THE CONCLUSION OF THE PRESENTATION, HE ASKED, OF OTHER ATTORNEYS, 'WHERE IS THE OUTRAGE?' A VERY RESONANT MOMENT. REPLACE THIS QUESTION WITH THESE BITES OR DISSOLVE INTO THEM PARTWAY THROUGH MY QUESTION. Task Force Tape 1 12:52:15 The order had been granted months ago. It was sitting in a pile. It was overlooked somehow. Task Force Tape 1 12:58:05 Where is the call to action here? I've heard a lot of problems - but where is the call to action? Where are the protest signs? Where are the other lawyers brave enough to file the lawsuits against the states and say 'let's get this right.' That's my question to all of you who are supposed to be the leaders. 17:17:28 WHAT ABOUT THE OFFICERS OF THE COURT? I think that's right. I wouldn't blame the legislators…lawyers have failed to make this a priority…all working too hard…have lost sight of the centerpiece which is the justice system. 17:18:07 And there are lawyers everywhere in the country …this is the ABA - saying it is time. IS THIS A CLARION CALL? YOUR FINAL REPORT -HOW DO YOU KEEP IT FROM JUST SITTING ON THE SHELF? 17;18:24 We're going to submit a resolution…going to go another year…alert the American people through the lawyers. 17:18:40 I KNOW WE'RE JUST ABOUT OUT OF TIME BUT I DID NEED TO TOUCH ON ONE MORE ISSUE WITH YOU - BECASUSE AS IF YOUR MUTUAL CAREERS HAVEN'T HAD ENOUGH TWISTS AND TURNS, YOU ARE BOTH INVOLVED IN THE CURRENT NFL LABOR DISPUTE - ONLY DAVID IS ON THE SIDE OF MANAGEMENT - AND TED IS ON THE SIDE OF LABOR. David is representing a cartel. I'm just trying to preserve collective bargaining. BRIEFLY, WHAT'S GOING ON? ARE WE GOING TO HAVE A SEASON? 17;19:16 I sure hope so…both clients.want a season. 17:19:20 A NATIONAL POLL DONE BY SUFFOLK UNIVERSITY LAST WEEK SHOWED 32% BLAME THE OWNERS AND 19% BLAME THE PLAYERS. When we speak…do know with David and another….do think owners and the league want football back…players do - a very short time to perform in their profession…most popular…do hope the spirit we bring…see them play again. 17:20:35 THAT'S WHAT YOU TWO DO, DON'T YOU - TRY TO RESOLVE IT. That's right. DAVID BOIES, TED OLSON, THANK YOU SO MUCH FOR BEING HERE. Thank you. It's a pleasure. 17:20:43 END OF SHOW |
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That's all the time we have today on this NH Outlook. I'm Richard Ager, I'll see you next time. |
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NEW HAMPSHIRE OUTLOOK Air Date/Time: 6/10/2011 HOST: Richard Ager Length: 26:00 They first met as adversaries in Bush v. Gore. Ted Olson was the lead attorney for candidate George Bush; David Boies for Candidate Al Gore. More than a month after the 2000 election, in a 5-4 Supreme Court decision, Bush prevailed. Now these former adversaries have found common cause: preserving the justice system. They are cochairs of a Task Force holding hearings around the nation. With shrinking budgets, court personnel are being laid off, and those left must cope with increasing demands on a shrinking resource. Following the task force hearing in Concord, Ted Olson and David Boies and Olson sat down to talk about their nationwide effort to preserve justice for all. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS:Al Gore\ Candidate for President\Dec. 13, 2000,Task Force Hearing, Atlanta, GA\Feb. 9, 2011, Carol Hunstein\Chief Justice, Georgia Supreme Court, Ted Olson\Cochair - Justice Task Force, David Boies\Cochair - Justice Task Force, Task Force Hearing, Concord, NH\May 26, 2011, Kirk Simoneau\Attorney |
| Key: National Politics Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 6/10/2011 HOST: Richard Ager Length: 26:00 They first met as adversaries in Bush v. Gore. Ted Olson was the lead attorney for candidate George Bush; David Boies for Candidate Al Gore. More than a month after the 2000 election, in a 5-4 Supreme Court decision, Bush prevailed. Now these former adversaries have found common cause: preserving the justice system. They are cochairs of a Task Force holding hearings around the nation. With shrinking budgets, court personnel are being laid off, and those left must cope with increasing demands on a shrinking resource. Following the task force hearing in Concord, Ted Olson and David Boies and Olson sat down to talk about their nationwide effort to preserve justice for all. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS:Al Gore\ Candidate for President\Dec. 13, 2000,Task Force Hearing, Atlanta, GA\Feb. 9, 2011, Carol Hunstein\Chief Justice, Georgia Supreme Court, Ted Olson\Cochair - Justice Task Force, David Boies\Cochair - Justice Task Force, Task Force Hearing, Concord, NH\May 26, 2011, Kirk Simoneau\Attorney |