Response to Tom Bauerle

Written by James Ostrowski on February 21, 2010 – 6:48 pm -

Last week, for the second time, WBEN’s Tom Bauerle attacked me for my representation of a client. And for the second time, he tried to write me out of the tax revolt movement I helped to start in November of 2004. He failed the first time and he will fail this time. Tom, I’ve been fighting the political machine in this town since you were a boy and I won’t stop now.

The first time, he attacked me for representing George Holt, an independent candidate for county legislature (albeit a former incumbent), who the machine was trying to knock off the ballot. So, I was doing what I usually do in election cases: fighting the machine to give the people a choice. In the course of that case, I also defended the First Amendment rights of a homeless man to carry petitions. Thus, I was doing what I usually do in court: fighting for the Bill of Rights.

I lost that case and the result was that the people were deprived of any choice in the primary or general election and the machine candidate won Soviet-style.

The most recent attack has to do with a website publisher who posted commentary about how much money an attorney had allegedly billed a government agency (the taxpayers in other words). The attorney sued for defamation. I am a First Amendment lawyer and a libertarian and I take a dim view of defamation suits directed at political speech, the core of the First Amendment.

I have been on the receiving end of barbs from this very same website but when a person comes to a lawyer, it’s not so different from when a person goes to the ER: you don’t give him an ideological litmus test and you put personal feelings aside. Lawyers have an ethical duty to accept clients even when their cause is unpopular.

EC 2-27
History is replete with instances of distinguished sacrificial services by lawyers who have represented unpopular clients and causes. Regardless of personal feelings, a lawyer should not decline representation because a client or a cause is unpopular or community reaction is adverse. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

EC 2-28
The personal preference of a lawyer to avoid adversary alignment against judges, other lawyers, public officials or influential members of the community does not justify rejection of tendered employment.

I find it extremely difficult to turn people down when they ask for my help, which is one of the reasons I am not a rich man.

As for my law practice, I try very hard not to take any case that would violate my libertarian principles. Thus, for example I do criminal defense work which enforces the Bill of Rights against arbitrary prosecution and I sue government officials who violate the Constitution. Obviously, this adherence to principle has reduced my income.

Neither of these cases violated my political principles or any principle upheld by the tax revolt or tea party movements. In fact, the opposite is true. Both cases vindicate the right of free speech, the legal basis for Bauerle’s living. The First Amendment was one of the key accomplishments of the Revolution sparked by the Boston Tea Party. In the most recent case, I am on the side of the right to publish commentary critical of the expenditure of taxpayer money.

In sum, Bauerle’s attack is not only wrong but exactly wrong, 180 degrees wrong.

I have always treated Bauerle with respect and even friendship and I defended him against an attempted boycott of his show (for which I was in turn sharply attacked.)

I will continue my fight against big government in this town that I started in 1975 when I worked to defeat Bill Stachowski in the Democratic Primary for county legislature.

Last year, I helped form a tea party coalition to get all the groups together to defeat the forces of big government including the local political machine. This year, the coalition will kick into high gear with bold plans to challenge several career politicians and to hold a people’s convention to choose our candidates.

I have said recently that the only thing that can defeat the tea party movement is itself. I urge all tea party activists to focus on defeating our opponents, not each other.


Posted in Uncategorized | 8 Comments »

8 Comments to “Response to Tom Bauerle”

  1. TomNo Gravatar Says:

    Like water off a ducks ass Jim.
    Carry on.

  2. James OstrowskiNo Gravatar Says:

    Thanks, will do.

  3. Frank PNo Gravatar Says:

    Such old news by Bauerle.you gave your explanation yrs ago on Holt. I questioned it yrs ago but after seening you in action I realized you are one of the good guys. Bauerle can be such a jerk.I heard him say last week you will not be allowed on “his show” and ya know what good for you, Bauerle only likes his “sheep” on his show.

  4. Tea New YorkNo Gravatar Says:

    Your reasons for representing who some
    consider unworthy are not only noble, in keeping with your ethical duty and representative of your dedication to upholding the beleaguered First Amendment despite the criticism, it also exhibits a sound biblical principle — to love those who hate us, and to treat well those that spitefully use us.

  5. Frank BroughtonNo Gravatar Says:

    Jim – I remember you strongly defending Tom and the onslaught you received for that. Some reward eh?

    I work for a church and try to help people as much as I can with some very serious matters of life. Sometimes the ones you help the most turn on you. It is hard to take in my field – but it goes with the territory.

    I do not have much respect for Tom now. I do not listen to his shows mostly these days as he has a burlesk / gossip tint for rating only purposes (or that is his personality).

    Keep helping lift up good candidates and stick with the stuff. Ran into Lynn Dixon at a recent town of Brant town Board meeting. It was refreshing to hear from her instead of “give the house away” Bob Reynolds.

  6. James OstrowskiNo Gravatar Says:

    Thanks Frank.

    I have high hopes for Lynn. The tea party coalition will be meeting with her soon.

  7. James OstrowskiNo Gravatar Says:

    Some comments got stuck in moderation, sorry.

  8. Bill CarsonNo Gravatar Says:

    Jim, you should talk to some of the people in Williamsville who see Tom on a regular basis. Tom frequents the Creek View restaurant near Ed Young’s Hardware store. A friend of mine caught Tom’s irrational anger and wrath several months ago while at the Creek View. Tom is a nut. Plain and simple. A local douche with a reputation to match.

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