at 10:15 lewis powell is to kill secretary of state seward in his home on lafayette square. ide powell out of the city via the navy yard bridge. george atzerodt is to kill president johnson at the kirkwood house hotel. the only change in the plan is that booth will not be attending "aladdin" at grovers. >> hello, john. >> he'll kill lincoln at fords theater. it's still early in act two. booth has calculated that the appointed time of 10:15 will fall at the beginning of act three of "our american cousin," and there will be an intermission between the acts. booth retrieves his horse from humphreys stable. ♪ >> have this ready for me in 10 to 15 minutes. >> mr. booth, it's almost intermission. >> i'll cross backstage. >> i can't keep the horse. just go with him and tell peanuts to come here and hold this damn horse. >> our american cousin. carried off by three -- >> i have no humor. >> booth heads next door to the star salute. whether or not francis burke, the man who drove the lincoln carriage, and john parker, the man detailed to protect the president, are drinking at the star

first in m had been their class in harvard law justice d clerked for lewis powell and he gave each of a sitting judge to read their them on, nd to advise you know, whether they would make good justices. wester who later ecame the director of the fbi and the cia. he was always too busy, which is fortunate because i was not qualified. narrowed to two court of appeals justices. and the president took all of research, their opinions, the memos, attorney general levy went to camp david for the weekend. back, the e came president decided, john paul stevens, which i don't know if levy made a specific ecommendation from among the final two. if he did. event, they agreed hat the president took this seriously. he read the opinions, he read the research. appoint somebody who was regarded as conservative at the time but a real craftsman as a judge and while the prediction future conservatism definition change, the projection of john paul tevens as a consummate craftsman as a person dedicated intelligent, al, interpretation and application of the law was validated by history, i would say. >> i wan

it was a split case and one justice, lewis powell, was this one justice who said that you cannot have quotas but you can take race into account as one of many factors. and by the way, that's the law of bakke is still the reigning law of the supreme court. it might change a bakke still holds. >> host: do we have an active what happened to alan bakke country yes, we do. he went to medical school and he's become a doctor. from what i can tell he has led a painful, productive life. >> host: al franken to be in discussions about race and the law with your students at harvard? >> guest: i am very frank. -- how frank lex in all of my books i have attempted to be frank. i take my position. i take my position. i argue my position strongly. i am pro-affirmative action, for instance. but in my book i also talk about the costs. in fact, so my friends give a little -- get a little bit miffed with me because they think a give away too much. they think maybe i talk about the cost too much, but i think people are smart. i don't think it's useful to try to hide the ball. i take a position. i believe i