The appraisal was in a batch of documents released in June from the Clinton Library, and Gershengorn quickly put out a statement that said everyone has regrets from their 20s. “Suffice to say, I have the highest respect for Justice Breyer and believe he has proven to be a terrific justice. As Earl Weaver once said, ‘It is what you learn after you know it all that counts’,” he said.
Reportedly, Breyer was gracious about it, and got word to Gershengorn not to worry.
Fast forward to Tuesday, and Gershengorn was making his first Supreme Court argument since the disclosure. And who do you guess was one of his most persistent questioners?
To be fair, most of the court seemed skeptical of Gershengorn’s argument on behalf of the government that an air marshal who had been fired after leaking information to a reporter was not entitled to claim whistleblower protection.
At one point, Gershengorn offered a far-fetched analogy about Chief Justice John G. Roberts barring him from the courtroom.
“We would never bar you from the courtroom,” Breyer said sweetly.
“He wasn’t talking about you,” Roberts replied.