-Caveat Lector-

XXXXX DRUDGE REPORT XXXXX SUN DEC 03, 2000 20:29:31 ET
XXXXX
CONTROVERSY SWIRLS AROUND SUPREME JUSTICE
BREYER; COMMENTS MADE BY GORE 'FRIEND'  INDICATE
PREJUDICE

As the nation waits for the US Supreme Court to rule, Justice
Stephen Breyer found himself in the middle of complete
controversy after Friday's historic oral arguments where he
indicated a prejudice against Florida's Secretary of State.

Justice Breyer, appointed by the Clinton/Gore administration,
slipped during questioning and revealed just how   Election 2000
has become a bitter battle split down partisan lines -- even inside of
the land's highest court!

Breyer stunned watchers inside of the courtroom as he grilled
Joseph Klock, a lawyer for Republican Secretary of State Katherine
Harris. Justice Breyer framed the debate by stating:  Whether we
win, whether your side wins.

"And now the secretary has certified a winner," Justice Breyer
declared. "And therefore, I guess, whether we win -- whether your
side, the side you're supporting wins or loses, it doesn't change
that."

The Justice's view that he is on the opposing side of Secretary
Harris, who awarded George Bush the state's electoral votes,  may
be rooted in the fact that Vice President Gore is a personal friend --
who argued vigorously for the selection and confirmation of Breyer
to the Court.

Gore was a driving force during formal meetings held by President
Clinton's Supreme Court search team in the Spring of 1994.  During
the sessions, a list of a dozen prospects were considered to fill
retiring Justice Harry  Blackmun's seat.  In the end, the nomination
was given to Breyer, a personal friend of Gore's.

And Gore presided over Breyer's swearing-in ceremony.

"Justice Breyer has already given much," Gore intoned at the East
Room ceremony in August, 1994.

"But his greatest challenges lie ahead.  The court he joins will no
doubt face questions of great difficulty and consequence.  We will
all need his wisdom to help shape America's future into the next
century and beyond."

On July 8, 1994, Gore said of Breyer:  "Just speaking in personal
terms, it is a great pleasure to be able to promote the virtue of this
particular nomination.  He is a friend and he is obviously an
outstanding jurist... the more you know him, the more you come to
appreciate what he is really like -- his wife and his family and he,
himself, are really wonderful people... His whole approach to life,  I
think, is just a real model.  I think he's a wonderful person."

Breyer's "whether we win, whether your side wins" comment made
in open court on Friday ignited nonstop conversations throughout
Washington, even though the nation's main press has remained
silent on the slip.

Said one insider:  "What if  Justice Scalia had made such a
revealing comment?  Or Clarence Thomas? Another media
lynching would have begun, at a minimum with calls for recusal
from Jesse Jackson."

One court staffer told the DRUDGE REPORT late Sunday, "I think
you can now understand why the justices would rather debate
without the glare of the camera, or even the broadcast microphone."

A Gore campaign spokesman refused to comment for this report.
-----------------------------------------------------------
Filed By Matt Drudge
Reports are moved when circumstances warrant
http://www.drudgereport.com  for updates
(c)DRUDGE REPORT 2000
Not for reproduction without permission of the author

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Every reform is only a mask under cover of which
a more terrible reform, which dares not name
itself, advances. - Ralph Waldo Emerson

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