Regarding United States v. Microsoft, a case in which he prosecuted anti-trust charges against the software giant, Boies said that the opposition’s themes kept changing, and they could not sustain the themes they ended up with. He called Microsoft Chairman Bill Gates’ deposition the second toughest he ever had. “Westmoreland was the toughest because at 30-years old, and as a civilian lawyer, I had to prove to the jury that Westmoreland was a liar. That was hard.”

Speaking briefly about the Florida recount, Boies pointed out that the speed of the process was an important factor in Bush v. Gore. This was because after clearing the potential hurdles of Judge Sauls taking too long to rule the case, or the Florida canvassing board taking too long with the recount, it was the Supreme Court that slowed down the process. They took too long to decide the case and left no time for any more recounts to meet the constitutionally mandated deadline. He agreed with Justice Souter’s dissenting opinion, stating that the Supreme Court should not have taken the case because it overstepped its bounds in attempting to decide a presidential election. Noting that the equal protection argument promulgated by the majority of the justices was flatly inconsistent with their application of its holdings in other cases, Boies quipped, “I hope this newfound affinity for the equal protection clause is not transient.”