December 5, 1997

Sports of The Times column approves NBA's strong action against Latrell Sprewell for assaulting coach P J Carlesimo; photo (S)

Pres Clinton, in interview with New York Times reporters, says he is considering tax cut as part of next year's budget proposal but warns against temptation of spending budget surplus that does not yet exist; says he would consider proposing tax-cutting measure if he were persuaded that it was fair to average taxpayers, good for economy and would lead to simpler Federal tax code; indicates that he will flout Senate Republican objections and use his constitutional power to appoint Bill Lann Lee as Justice Dept's top civil rights officer while Senate is in recess; says dissent by FBI Dir Louis J Freeh to Atty Gen Janet Reno's decision not to seek independent counsel to investigate fund-raising telephone calls by Clinton and Vice Pres Gore will not undercut her credibility; photo (M)

New York State Court of Appeals upholds Gov George E Pataki's right to remove Bronx Dist Atty Robert T Johnson from murder case because of his opposition to death penalty; 4-3 decision is not just legal victory but political one for Pataki, who campaigned on pledge to restore death penalty and who called for its use in case taken up by court, 1996 killing of Police Officer Kevin Gillespie; Pataki removed Johnson from case in March 1996, after prosecutor declined to seek death penalty against Angel Diaz; Chief Judge Judith S Kaye writes majority opinion; Johnson photo (M)

Atlantic City Schools Supt H Benjamin Williams battles New Jersey Education Comr Leo Klagholtz over opening of Albany Avenue Middle School in huge building that was once high school; state orders transfer of 500 youngest students, out of 1,800, back to neighborhood schools because of continuing violence; Williams refuses, charging 'racism' by white officials, and case goes to court; photos; 150 students have been suspended and 40 arrested at Albany Avenue since September; state, on verge of taking over system, refuses to approve school construction plans and sends in financial auditor; Williams, backed by school board and teachers union leader, charges Mayor James F Whelan and state want to sell building to Mirage Resorts (M)

Giuliani administration explores possibility of using part of Governors Island in New York harbor for 'major casino and five-star hotel'; fierce opposition expected from civic organizations that want historic island to be devoted to park space, marinas and small-scale commercial uses; city official says gambling could be only financially viable way to maintain rest of island (S)