David Boies and David Ellenhorn rewrite the gift rules

There is a story in the NY Daily News by Ken Lovett that says JJOKE has determined that David Ellenhorn violated New York State travel rules when he took a private jet ride from superlawyer David Boies.  BUT JJOKE is not going to punish Ellenhorn because "Ellenhorn . . . did not profit financially. It also says having Ellenhorn aboard did not cost Boies more money." 
And Boies doesnt get punished at all for providing this trip to opposing counsel. 

Back in May I blogged about this trip and analyzed the law surrounding Boies and his largesse, you can read it here http://davidgrandeau.blogspot.com/2014/05/david-boies-integrity-airplanes-and-why.html

Obviously I was wrong on the application of the law.  After this case I think its fair to say JJOKE is applying a new rule when it comes to offering bribes oops illegal gifts. 

Now as long as the recepient "did not profit financially" and having the recepient in attendance did not cost the giver  "more money"  its not a violation.

WOW that is a very liberal oops progressive interpretation.

Using that rule lets see how the following bribes oops gifts oops transactions would be handled.

The governor is invited to spend the weekend at a lobbyists summer home in the Hamptons and catches a ride from the city on the lobbyists helicopter with the lobbyist.  A lobbyist with say a casino proposal before the state.  Under JJOKE's new Boies rule there is no problem with this bribe oops gift oops transaction.  The governor did not profit financially and the helicopter was flying with or without him and the summer home was going to be in the Hamptons with or without the gov and its not like there is a per night cost for guests to use it.

OR

The speaker is invited to watch a rangers game from the corporate box of a major corporation with business before the state.  Under JJOKE's new Boies rule there is no problem with this bribe oops gift oops transaction. The speaker did not profit financially and the rangers were playing with or without him watching and the private box was going to be used with or without the speaker being there and its not like there is a per person per game cost for guests to use it.

OR

The majority leader is invited to play a round of golf on a private course owned by a corporate titan with business before the state.  And the leader catches a ride to the course with the titan in his limo.  Under JJOKE's new Boies rule there is no problem with this bribe oops gift oops transaction. The leader did not profit financially and the limo was going to the course with or without him and the golf course was going to be playable with or without the leader and its not like there is a per round cost for guests to use it since no one but the titan has access to it.

Now those are hypotheticals lets apply this new rule to actual cases from the past.

Governor gets tickets from the Yankees to see a Yankee playoff game.  The gov did not profit financially and the seats did not cost the Yankees more money they already owned them.  If I was Governor clueless I'd demand a do over on that one.   OOPS

How about the speaker getting that cool suite in Vegas from Caesars?  The speaker did not profit financially, in fact if he gambled and lost he would be in the opposite situation.  And it did not cost Caesar's any more money to let him use the suite it was already there.  My apologies to Shelly had I known of this rule I never would have put you thru the trouble.   OOPS

How about Roger Green taking that free limo to Albany from correctional services?  Roger did not profit financially and the limo did not cost Correctional Services more money they were already traveling to Albany.  My apologies to Roger had I known of this rule I never would have put you thru the trouble and caused your resignation.   OOPS

I think the point is clear JJOKE once again has proven that they are inept or corrupt or both.

In this case I think two factors were at work.

One  - Democrats protecting Democrats.  Boies is a major democratic party supporter.  Schneiderman's office is full of democratic apparatchiks.  Including Boies former partner Harlan Levy.  JJOKE's chairman Dan Horwitz allegedly has ties to those same people.  OOPS

Two - Smart NYC lawyers protecting smart NYC lawyers.  The tribe takes care of it's own.  This logic of "it didn't cost Boies extra and Ellenhorn didn't profit financially" sounds exactly like a smart NYC lawyer justifying doing something that is clearly unethical.

One last point on Boies Ellenhorn  how does JJOKE explain the fact that Ellenhorn got a free limo ride to the city and he was the only one in the limo?

Shame on you JCOPE commissioners and staff you are no better than Nixon's plumbers that claimed they were just following orders.

There is no ethical concience left in Albany.  And no shame in Boies or Ellenhorn at all.

And if you think I'm overracting read the excellent story in the New York Times about Cuomo and his Moreland Commission.   The only way to stop this is to prosecute the commissioners and staff at Moreland and JCOPE and Legislative ethics that pervert the offices they hold.