DOJ Celebrates Sweep In Court

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November 05, 1999 (12:00 AM EST)

By Darryl K. Taft,

WASHINGTON, D.C. -- It was like watching the New York Yankees celebrate after their sweep of the Atlanta Braves in the 1999 World Series. It was just that sort of atmosphere that comesafter a dominant one-sided decision in a major event.

The Department of Justice and representatives from some of the 19 states that brought charges against Microsoft last year effectively celebrated its courtroom "sweep" of Microsoft, following a federal judge's findings of fact issued Friday evening.

Government officials engaged in an ongoing session of back-slapping and glad-handing before, during, and after a promptly called news conference at DOJ headquarters here in Washington, D.C. If only there had been champagne on hand, federal officials and many journalist would have been soaked, for all the celebratory activity going on.

All the major players in the government's case, from U.S. Attorney General Janet Reno to Asst. Attorney General for Antitrust Joel Klein, to attorney David Boies, who led the government's trial team, to Richard Blumenthal, attorney general of Connecticut, and other officials stood beaming in the great hallway outside the DOJ's main news conference room awaiting their signal to take the stand behind the podium.

Photographers snapped photo after photo, and TV cameras followed the entourage as they headed down the hall and into the room where a standing room only audience of reporters waited and more TV camera operators jostled for position with print reporters who were unable to find seats.

A beaming Reno in a striking blue suit led the charge, calling the judge's findings "a great day for America's consumers." She said U.S. District Judge Thomas Penfield Jackson's findings of fact, in which he called Microsoft a monopolist, "fully support the view that this case is about competition."

Reno stepped aside after a few, brief comments and turned the floor over to Klein, who crowed like a rooster at his team's success. Klein spun some homilies, even quoting his father at one point. And after a reporter beckoned a reluctant Boies to step to the podium with the slang compliment of "you da man," Klein grabbed Boies around his neck and hugged him snuggly and with a big smile repeated a few times that Boies was, in fact, "the man."

Boies, who has taken on not only the biggest high-technology case to date, but also has taken on many other high-profile cases with his 34-member law firm, looked somewhat tired and worn under the bright lights of the DOJ press stage. But as soon as he took the microphone, he perked up, albeit with an "aw shucks" opening comment that "I had my shot in the courtroom."

"I think this opinion speaks for itself," Boies said. "This opinion reflects what the facts are and what the evidence showed in the case."

Boies then stepped back grinning his elfin grin, the same grin he put on after every news conference outside the courthouse. And the very same grin he wore after dismantling some of Microsoft's witnesses on the stand.

But both Boies and Klein seemed to bristle at one question about the DOJ encouraging foreign governments to file cases against Microsoft. Klein denied the accusation and said under the law, Boies would be prohibited from taking on similar cases against Microsoft and that Boies was one of the most "ethical" and "professional" attorneys he knew. Again Boies flashed his elfin grin.

However, Klein did say this case is likely to "have an important impact on the economy and on markets as we move forward." He added, "Under the law, there are effects of one case on other cases," referring to private lawsuits that might now be brought against Microsoft. But he said he was not sure of "collateral effects."

Klein also seemed to relish in saying that "page in and page out" the judge's 207-page findings of fact document singled out Microsoft as a monopoly.

"This is a blanket critical finding," he said.

Klein would not address the issue of remedies, still calling it "premature," but he did issue a challenge to Microsoft regarding any possibility of settlement talks. "We have always said we are prepared to discuss a settlement so long as competitive issues are addressed."

Connecticut's Blumenthal did address remedies, saying the "serious far-reaching" abuses cited against Microsoft, "require serious and far-reaching remedies."

The states entered the case with strong sentiments about the remedies against the software giant.

Despite criticism that the judge's procedure is too strongly aimed at pushing the parties to settle by separating the findings of fact and the conclusions of law, Klein said he believed the judge was right to proceed as he has.

"The judge did what my father often said to me: That the mother should kiss the children one at a time," Klein said to a hearty round of laughter from the audience.

Klein put on a show. And it was his show, though he thanked Reno and each member of his staff that accompanied him onto the stage. And he did not sway. Asked about possible negative public reaction and political backlash, he simply said: "The judge spoke on the findings of fact. I welcome scrutiny of the judge's opinion."

However, Klein refused to comment on Microsoft's attempts to have the DOJ antitrust division's budget for next year cut. He merely smiled and repeated his pleasure at the judge's findings when asked about the Microsoft lobbying attempt.

On the question of whether Microsoft might win on appeal, as it did in the consent decree battle last year on an issue before Judge Jackson, Klein said, "I think we'll take this one step at a time. The last ruling was not on [trial] evidence, but on a consent decree, which has its vagaries."

And so the DOJ lovefest went. The glad-handing and back-slapping continued as the group left the room and boarded elevators to continue their celebration in less crowded quarters.

Meanwhile, a somber Microsoft held a conference decrying the judge's findings and openly wishing that "at the end of the judicial process," the company would succeed in proving its case.