Kipling has also been accused of being a racist, believing in the white man's burden.

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Because of his strong personality "he may be one of the few people that can overcome" the traditional Senate-to-White House difficulties, Burden says.

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"The Court emphasizes that it is not making a determination on the merits of (CBS') claim, which might be proven at trial, but only that defendants have not met their initial burden" for the purpose of ending the lawsuit, White wrote.

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According to Burden, the typical problems that befall senators in their aspirations for the White House might not be so pronounced this year.

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