i'm going to start with jeffrey toobin. and coming out to say, an indictment was likely in an ongoing fbi inquiry into the clinton foundation, take a look at this. >> i explain aid couple times yesterday the phrasing of one of my answers to brick hume saying it was in artful about the way i answered one of my questions about whether the investigation should continue after the election and our sources said it would, they would continue to likely lead to an indictment. it was inartful, and i should have said they should continue to build their face. >> brett bear is a good reporter. on this one he apologized. nobody's perfect. i give him credit for apologizing. when you hear this with all the leaks and the fbi what's your reaction? >> again and so do i, journalists make mistakes and he's right to apologize and i've made them and it's just part of that -- at part of the world in which we live and how we should behave. however, i think it is indicative of the fact that there are people in the fbi who are desperate to get anti-c

i'm a bit skeptical along with jeffrey toobin that he might actually do that. jeffrey, i mean -- >> it just seems completely out of the question he would do that, not -- >> there's nothing compelling him to do it, right, richard? >> and he also said he wouldn't do it. >> well, wait until the first -- >> he can say he wouldn't do it but he's going to end up violating the law. >> who would enforce that, the ju justice department? who would provide for it. >> the congress. it provides for the process of impeachment, and i hate to see the country go into that direction. we have a congress that impeached president clinton for lying under oath about his sex life, and this is a lot more serious. the president-elect has to deal with this situation. we could have allegations of bribery. we even just today had a story, apparently a false story, that there was a communication with the president of argentina by the president-elect and that the question of building permits came up. apparently that didn't happen. but these types of stories are going to come up again and agai

so with me now, jeffrey toobin, our cnn senior legal analyst. jeffrey toobin, officials have said the conversation was friend friendly we know the deal, we know lynch disagreed with comey's decision to do this. we weren't there, but what do you think that conversation looked like? >> well, what's done is done and i think that loretta lynch made clear her view and the justice department made clear its view that comey should haven't done what he did, but he did and he's still the director of the fbi, she's still the attorney general, they have a lot of serious work to do together. national security. prevention of terrorism. they are big enough people to put this controversy aside but it's a real controversy and it's not going away. >> it's not and james comey is an obama appointee. let's play this out. he has seven years left on his ten-year appointment. if, jeffrey toobin, if hillary clinton gets elected after this, would she clean house? replace him or others or would he beat her to the punch? >> i don't think there is any way hillary clinton po

this can take months. >> let me bring jeffrey toobin in. donald trump said in that "60 minutes" interview, gay marriage, settled law, forget about it. it's going to stay the law of the land. but on roe versus wade, he said he wants to appoint what he calls pro-life justices so that the states will make those decisions instead of nationally. so why is one settled law, roe versus wade has been the law of the land since 1973. >> and just reaffirmed by the supreme court in june, striking down part of texas' abortion restrictions. i think the difference is political. even the conservative movement has very quickly come to terms with the existence of same-sex marriage. people are not very exercised about it anymore. but abortion remains the most important issue to the conservative movement in this country. and donald trump, though not too long ago described himself as very pro choice, has very clearly said he's going the appoint justices who will -- who will be opposed to roe v. wade, said it during the campaign, said is to leslie stahl in the in

and cnn legal analyst jeffrey toobin. we have these words that say trump white house won't pursue clinton prosecution. well, in fact, white houses don't pursue prosecutions. so in and of itself, the entire structure here is flawed. trump as president would never have the power to charge anyone with any crime. however -- >> i think this story is far from over. i think donald trump's justice department may well continue this investigation. you have a group of fbi agents who are dedicated, fanatically opposed to hillary clinton, who want to see her prosecuted for the clinton foundation in particular. even though there has never been an allegation made -- i mean a serious allegation made that she committed a crime. i think the door remains wide open for the justice department to say we found new information, in good conscience, we can't avoid looking into this. i think that statement from kellyanne conway was sufficiently ambiguous to let a very conservative justice department, a very dedicated fbi to continue their investiga

. >> cnn senior analyst jeffrey toobin joining me now. pretty fascinating. he's saying, well, they could go to another state. not -- although, of course, democrats would say that's unacceptable. this should be a right, but he's not talking like a republican on this issue at all, of abortion? we >> well, i think in practical terms she supporting the republican position, and he's in a unique position to do it because lehe's going to apoint least one supreme court justice. they're both settled. both have supreme court majorities that support abortion rights that support same-sex marriage. the difference is political, that -- >> public opinion, right? >> and public opinion is sort of, given up on same-sex marriage. abortion rights remains the central, social issue fight. it's been that my entire life. your entire life, and it shows every sign of continuing. >> he's discerning. for him settled he's not talking like a lawyer? when you say this is settled, normally a lawyer or someone with legal knowledge would say settled law. right? >> exactly. >> so what is the

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because, jeffrey, how would you put something like this in a blind -- >> you mean jeffrey toobin? >> law first and politics. i'll come to you second, jeffrey lord. >> a lot of jeffreys. >> a blind trust is very hard to do if you can't make it blind, which means if the kids are running the company, it's not a blind trust. that would mean you'd have to remove the kids from the company, and that would mean that you would remove the soul of the company. so is that the right way -- is that the only solution here that should satisfy? >> i don't think there is going to be -- i mean, just since you asked about the law, there is no law that says a president has to put his holdings in a blind trust. it has been the custom ever since blind trusts were -- >> like with the tax, it's a custom and we heard from trump's team that they probably won't do what presidents do right now which is show their taxes every year. >> exactly. i think donald trump is playing by his own rules. he got elected president by not releasing his taxes, by running his business while he was running for president. i thin

back with me alan dershowitz, jeffrey toobin and bryan garner. bryan, let's start with you. let's take a look now at the first amendment. this is a short passage and is a huge amount of what makes this country great. congress shall make no law expecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or the press or the right of people peaceably to assemble and to petition the government for a redress of grievances. so donald trump has spoken out about many of these rights publicly as a candidate and as the president-elect. do you think he understands how sacred this passage is? >> well, i mean you could make the argument that cynically he does and that he is perhaps doing what i suggested earlier and going for a constitutional amendment. but you could also make the argument that our president-elect needs a basic lesson in civics. the separation of powers and civil liberties and what they mean in this country. you know, it's cynical in the sense that this declaration this morning appeals to the -- let's say the hoy pal

jeffrey toobin. here we go. this is where the best-seller comes in. wisconsin, not once, not guys but three times you can change your vote from a legal perspective how complicated. theoretically a lot of people might be interested in this. >> yes, that's true. in the big picture it is worth keeping in mind how badly run our elections are. we don't have one presidential election. and we don't even have fifty. we have different presidential elections within different counties. different machines used. different people in charge and the people who are in charge in the polling places, the poll workers in many states average over 70 years old. and so they are people who are not necessarily up to date with the technology. most of the time this doesn't matter. because the elections are not so close that we have to look at how each ballot was counted. but as we all learned in 2000, once you look under the hood and see how our elections are run, we see that, you know, we don't know exactly who voted for each side and if that were to happy in a state like wisco

jeffrey toobin, thank you very much. no smarter legal minds than you, by the way. >>> coming up, more on this tragedy in the colombian jungle. the plane carrying a brazilian soccer team crashes. more than 70 people killed but miraculously several manage to survive. what we know and this incredible cinderella story of this team. also ahead, we are back at trump tower where major selections for the president-elect's cabinet are being made. we will take you there live. again, dan quayle walking in the building with kellyanne conway. what's going on? you're watching cnn. i'm terrible at golf. he is. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. for the holidays. before his mom earned 1% cash back everywhere, every time. [ dinosaur growls ] and his dad earned 2% back at grocery stores and wholesale clubs. yeah! even before they earned 3% back

. >> we have senior analyst jeffrey toobin and rana and host of "quest means business" richard quest. we're talking about business, let's stick with it for a moment. we expected the markets to react negatively to the election of donald trump. the next layer, what did we hear from other leaders of this being accepted by our friends aboard. what do you see? >> oh, they haven't wasted much time. the president of france, basically says, i've congratulated mr. trump in this situation. this result leads to uncertainty. i urge vigilance because of statements made by donald trump. the foreign minister of iran says whoever is the president of the u.s. needs to understand the realities of our eregion and have a realistic approach. angela merkel in germany says that the relationship between germany and the u.s. is on the basis of respect of people's dignity regardless of race and religion and on the basis of these values, i'll work with donald trump. the only person celebrating, perhaps, mae, the prime minister of the united kingdom. why? because donald trump said britain would go to the front o

>> sure, jeffrey toobin. what pressure is he under? he just won. he's never going to release those tax returns. we're never going to see them. this is a guy who just won. this is what worked for him. why should he feel pressure to do anything? this is a guy who made campaign promises and, like most politicians, he is going to keep those campaign promises. have mass deportations and have an investigation and prosecution of hillary clinton. this is what he ran on and this is why he won. >> and he's going to have to deal, though, with the economic consequences of all this, which is very different than stumping, having a lot of populous rhetoric and talking about 4% growth. he is now going have to deal with the fact that if he implements these policies and tax cuts that are unfunded and run up the deficit and sets off a trade war, we're going to end up in recession. you better believe he's going to be under pressure then. >> and he is going to have, if there are legitimate conflict of interest questions that arise, there will be investigations. >> who

jeffrey toobin and douglas brinkley. mark, you know we've been seeing these protests happening around the country. it's definitely the right of these -- of these individuals to protest earlier today the president talked about the transition and he referenced what happened back in 2008. i want you to listen to this. >> i have instructed my team to follow the example president bu bush's team set to make sure this is a successful transition for the president-elect, because we are now all rooting for his success, in uniting and leading the country. the peaceful transition of power is one of the hallmarks of our democracy, and over the next few months, we are going to show that to the world. >> so park looking at the protests tonight, do you think that we'll be able to have a peaceful transition of power that president is talking about? >> yes. i mean look, i think by the time that donald trump is sworn in, in late january, it will be fine. people will be upset. he's inflamed a lot of tension or has created a lot of tension a

let's discuss the impact on the election with jeffrey toobin and cnn contributor and senior editor at "the atlantic," mr. david frum. jeffrey, on the legal side, the criticism is that the fbi doesn't usually talk, and comey breached protocol twice and both times to ill effect. the second time now without any basis of fact to support the disclosure. how do you see it, fair criticism? >> well, i think the key issue is the timing. you know, even i, a lowly assistant u.s. attorney in the 1990s, knew that one of the things the justice department, including the fbi, never did was make an announcement that affected an election in the last two months. this is just a rule that's been in existence at the justice department for decades. we can argue about whether comey should have made either of these statements, the elaborate explanation of the exoneration and the announcement of the new investigation. what's really troubling is the timing. doing it 11 days before the election when you didn't have to do it at all, i think that's why you've seen so much criticism of comey by republican as well a

and i think -- and i'm fine with that. >> jeffrey toobin, again, on the softening, he never said -- and i've played it back a few times. he never said, yes, i will overturn roe v. wade. >> but, you know, put me in the no-softening camp. i don't buy this whole softening hypothesis. i think he'll appoint someone to overturn roe v. wade. in terms it of same-sex marriage, it is settled in the supreme court. there's no way for a state to challenge that ban. that ban is gone. politically, there is not a big movement to reinstate the ban on same-sex marriage. in terms of ending obamacare, in terms of building a fence, in terms of getting millions of people out of the country, i don't see any softening at all. rhetorically you could argue he's sounding a little different. in terms of prosecution of hillary clinton, he's not ruling out a prosecution of hillary clinton. i mean, donald trump -- you know, one of the things we miss about politicians, i think, is that they believe in their campaign promises. and by and large, they keep their campaign promises. and i see every sign that that is what d

again, what just heard from jeffrey toobin, it's a suggestion the fbi is settling grudges? >> i don't know. >> i think more of the fbi and jim comey than this. i'm disappointed that suddenly they find themselves now viewed as an arm of the gop or the trump campaign. how sad is that? for the great fbi. you see stories in the paper comparing comey to j. edgar hoov hoover. getting into the gutter politics of trying to harm a campaign. they had no business in this. you have seen this from left and right. >> you are -- >> not just liberal media but conservative media. this is wrong. that's why i say, people say, this is -- >> obviously the clintons -- >> people are saying, gosh, this is the fbi. if they're doing this, something really is wrong. somebody is trying to skew an american election. it's corruption on the part of the fbi? >> what about the part of cnn and the role they're playing and the commentary they have? this is not a good news day for them or for a news cycle in terms of their involvement and being complicit. they had to let one of their people go that was greatl

let's discuss with jeffrey toobin, cnn senior analyst and jennifer barry haas is a reporter for the charleston post and courier. you were inside the courtroom today, jennifer. what happened? tell us about the proceedings. >> reporter: well, the morning started pretty predictably, people were arriving expecting for jury selection to begin. the proceedings had been delayed for three weeks at that point waying for a experience hearing and a judge's ruling on roof's mental state. on friday the judge ruled he was competent to stand trial, and so most people arriving in the courtroom this morning were expecting for that to go forward. when the judge took his seat he discussed the fact he had received a last minute motion for roof to represent himself, and he moved forward with that and pretty quickly made a decision that roof had the right and the capacity to represent himself. and so suddenly the entire nature of the day and the proceedings changed. >> what was his demeanor? >> you know, he was like he always is when i've seen him in court. he was quiet, respectful, answered the judge with, you kno

jeffrey toobin is with us, and our senior law enforcement analyst tom fuentes, as well. jeffrey, based on the description of events, do you agree with the decision to not bring charges against this police officer? >> certainly the d.a. made a convincing case, but i am not in the position that the authorities are down there. one thing i think the authorities did do well here is that they were open about the process. they disclosed a lot of evidence. they let the public see all the evidence or just about all the evidence that was available to them, and that sort of transparency i think leads to more credibility when the government makes a decision. and here, when mr. scott had a gun, it unfortunately is really something that is pretty conclusive, even though in much of the country, including north carolina, a lot of people carry a lot of guns a lot of the time. >> tom, the district attorney admitted that there was no evidence that mr. scott ever raised his gun or pointed the gun at a police officer. is it still appropriate for an officer to use deadly force in that type of

. >> jeffrey toobin, let me defend donald trump for a moment. it got him elected. got him the republican nomination, the tweets in part. he beat hillary clinton for the presidency. why not continue that successful strategy. >> well, i am with you on this. i mean, and i mean no disrespect to our colleagues here. i think all this transition chaos stories are much ado about very little. we know what donald trump's administration is going to be. it's going to be very conservative. he is going to try to deliver on his campaign promises. and whether the attorney general is one person or another or the secretary of state is one person or another, donald trump is president, donald trump wants to end obamacare, he wants to deport two or three million people, he wants to appoint conservatives to the supreme court. that's going to happen regardless of who is named here. i don't think people care very much who the secretary of commerce is going to be. and that's a lot of what this is about. donald trump won. that's what's important. >> does it show something, jeffrey, about hi

here to discuss is jeffrey toobin, and alan dershowitz. good evening to both of you, al alan, president obama weighed in on the controversy, let's listen. >> i've made a very deliberate effort to make sure i don't look like i'm modeddling in what are supposed to be independent processes. there is a norm when, there are investigations, we don't operate on innuendo, we don't operation incomplete operation, and leaks. >> he says no meddling, does that sound lie corporation to you? >> wyes, it does. man on first, score -- you don't go give evaluations as things are happening. what he should have done on the day the investigation was closed, he should have said the investigation is closed, president, then when he found new information, he should have said to congress, i have found new information, that's it, but you don't go around saying it's pertinent and don't give evaluations of the evidence. by the way the director of the fbi shouldn't say anything at all. it should be the attorney general and the deputy general. >> i don't disagree with a

. >> how do you see it, jeffrey toobin? >> well, i agree that it's certainly good news. you know, the question is, it's a very big economy, and how can, you know -- can the president of the united states negotiate about every factory in the united states? i mean, given the size of the economy, it is policies and economic trends that are largely going to determine this. and, you know, i think back to, you know, barney frank, who i covered a long time. he always talked about harold mcmillan, the prime minister of england, who said events, dear boy, events. that's what matters. you know what. if the economy gets better under donald trump, he will get the credit. if it gets worse, he'll get the blame. and one factory is certainly a step in the right direction, but it's going to be the whole economy that matters. >> manu raju, you are always up on capitol hill, as you are right now. mike pence, the vice president-elect, who clearly had an important role in shaping the deal with carrier, he has been up on capitol hill meeting with the leadership there. what's the very latest?

let's discuss some of these issues with cnn senior legal analyst jeffrey toobin and cnn business correspondent christine romans. jeffrey, first one for the legal mind. the advancement of the proposition of legalized marijuana in colorado, legalized assisted suicide. how do you see these two playing out? >> well, this is -- you know, colorado was one of the two states, washington state being the other, that legalized marijuana for recreational use. these have proven popular in these states. the assisted suicide has passed in other states. marijuana has passed. we're going to see how well it does around the country today. but the polls are showing that it has a very good chance of passing today in colorado. >> all right. let's hop quickly to minimum wage. very big deal, christine, on different levels. take us through some of the contrast between the politics and the reality when it comes to minimum wage. >> you're going to see this in four states. it looks like they're going to pass. every minimum wage ballot initiative since 2000 has passed. even in red states two years ago in the midterms, you

toobin. let's start off on the straight legalities. what control over the defendant to want to represent himself called being pro se, for yourself, what control does the judge have? >> he doesn't have a lot. one has a constitutional right to be one's own lawyer. if you are not competent, if you are legally insane you can't represent yourself. if you are going to disrupt the courtroom, you can't represent yourself, but the judge satisfied himself that dylan roof is not insane and that he would not be disruptive so he gets to represent himself. >> bacari, so often when people hear things like this they realize for the first time that the criminal justice system is about the constitution, it's not about justice for the victims. and i know that you are friends with some of the victims. you were friends with reverend pi pickney. this will be traumatic for them to have to see him every day in court and to possibly be cross examined by him. >> i think it's going to be very traumatic and very painful

a lot of people, jeffrey toobin included, are -- if donald trump tweets it, does it make it news? here's the thing i would say. when the president-elect says anything, written word, twitter word or spoken word about how someone should lose citizenship or what should be illegal, though it is protected by the constitution, it's a big deal. >> it is, i think it's a fundamentally different conversation than we might have had about this during the campaign when candidates are simply saying outrageous or provocative things. it's a fair question for the media to debate how much play, how much attention and seriousness do you give to something like that. when it's the president-elect making this kind of pronouncement, in a situation like this, where it appears pretty -- obviously to be an extra constitutional pronouncement or any number of other sort of policy proposals that he raised during the campaign that run afoul of existing u.s. law or that show an attitude that's dismissive of existing u.s. law, i think we can't just say this is clearly out of bounds and we just need to pretent th

toobin and and bill carter. the law clear when it comes to flag burning, just because we don't like it. 69, 89, it's been ratified many times in the supreme court. but it goes to the window of what trump sees the first amendment as in terms of what to protect and not to protect. how so? >> well, the, i mean, you know, if you went to donald trump rally one of the highlights was always when he would point to the media and say they're scum. they're dishonest. they're horrible. and the way i interpret that is he thinks the media is scum and dishonest and horrible. i think there is genuine distaste. now, the question is, is that just his opinion, which, of course, he is free to have. or will that have implications in how the law is administered in this country? i don't think we know the answer to that at this point. certainly in terms of press access, he does appear to be heading towards cutting back on press pools and, you know, sort of the white house operation. >> hasn't given a press conference since he won. hasn

. >> jeffrey toobin, you have to admit that he's stunned not only the united states but the world with his success so far. >> it's really an astonishing story when you think about the only other non-politician to be the nominee of the republican party was dwight eisenhower. all he did was win the most important war in the history of the world. and the other person who won the nomination is donald trump trump. historians are going to be evaluating this for a long time, win or lose. he -- i do think, though, to quote george w. bush, when we say he's reading the teleprompter, that might be the soft bigotry of low expectations. we are saluting him for reading every word that comes up on the teleprompter. [ overlapping speakers ] >> we're going to have live coverage of donald trump's speech coming up. we're getting ready for that. we heard from the president of the united states in the last hour when donald trump goes to the microphones there in scranton, pennsylvania. we'll hear from him. but jim sciutto, you've been tracking potential threats on this election day here in the united states

jeffrey toobin and danny savalos. we're starting with trump, fellows, because we know what's going on with clinton. we know that she could be facing the, whatever, the fruits of this investigation are from the foundation and from the e-mail. but what do you see on the legal landscape here, jeffrey? >> it's important to remember what happened in 1997. 1997 bill clinton was being sued by paula jones and he was going to be deposed. clinton said i'm the president and i can't be distracted by this and the supreme court said, tough luck. you can be deposed. you are not above the law. so, all these suits that are pending against trump, he could be deposed, he could be forced to testify in court. and, remember, the trump university fraud case, the one with guy who was born in indiana, that case is supposed to go to trial immediately after the election. so, this is far from a theoretical issue. >> now, full disclosure. there is a case in new york, federal court, that has really ugly allegations towards trump that involve sexua

jeffrey toobin, to you first. he tweeted this this morning. nobody should be allowed to burn the american flag. if they do, there must be consequences. perhaps loss of citizenship or a year in jail. what's your reaction to the notion of sending someone to jail or revoking their citizenship if they burn the american flag? >> well, it's kind of doubly unconstitutional. first of all, it's unconstitutional because, as you have mentioned, it is clearly protected speech under the constitution. and according to two relatively recent supreme court opinions. 1980 and 1990. the other way it's unconstitutional is the court has said you cannot, as a penalty, take away someone's citizenship. you can put them in pris on. take aware their right to vote. forcing people to surrender their citizenship against their will is something that's not available to the government. i think donald trump is reflecting the views of a lot of people. as he often does. a lot of people don't like that it's legal to burn the flag but that's been the law of the land for some time

. >> with me now is cnn senior legal analyst, jeffrey toobin. democratic strategist, paul begala, monica langley, kayleigh mcenany, senior political analyst and journalist, carl bernstein, and cnn political commentator and ceo of impact strategies, angela ry. jeff, the record on recounts, it doesn't make that much of a difference. i was looking back at the green party in 2004, i think it was, in ohio and insisted on a recount, raised more than $100,000 to do it, george bush got 300 less votes and still won the state. >> that's almost entirely the rule. 300, 500 votes at the absolute outside. if you look at donald trump's margins in these states, they're narrow by political standards, but they are not within the range of a recount, barring some sort of systemic failure. and there's no evidence. >> and by and large, in ohio, i was looking in particular, back in 2004, it wasn't massive voter fraud, it was some bad, you know, badly trained polling workers, malfunctioning machines in some cases, some ballots had been ruled as, i guess, not valid, and

let's discuss with cnn's senior legal analyst and former federal prosecutor jeffrey toobin. always a pleasure, my brother. a little irony, he was crushing clinton during the campaign about perceived conflicts of interest, and now we are dealing with a situation where we don't even know what we don't know. he has disclosed almost nothing about conflicts. how does this size up legally, ethically? >> i think it is, at this point, much more of a political issue than a legal issue. as you said, every president in modern american history has put their assets in what's called a blind trust so that they don't even know what their assets are so they can't act to favor them. that's a tradition. it is not a law. there is no law requiring presidents to put an asset in a trust. >> it's also traditionally easy. we're talking about securities usually. they put them in a trust, a legal vehicle, so whoever is investing them does it on their own and you don't know. that's not his scenario. i don't know that a blind trust would work. >> the only way it would work is if you simply sold the whol

joining me, senior legal analyst, jeffrey toobin, also, jonathan turley, professor at law at george washington university, who's written extensively about issues concerning institutional law. jeff, the distinction that donald trump seems to be making between the supreme court ruling on same-sex marriage and roe v. wade, it's interesting, he says one is settled, doesn't seem like he thinks the other necessarily is. >> that's not really true, legally. the supreme court just last june reaffirmed roe v. wade in very ringing terms in the case out of texas and of course, they have approved same-sex marriage. as a legal matter, they're actually in very similar situations. politically, it's very difficult. it's that even the conservative movement has sort of given up on same-sex marriage, whereas, abortion remains where it has remained for our entire lives, the most important issue to social conservatives. and he made promises and he's going to keep them. >> jonathan, how realistic is it that the supreme court could fully overturn roe v. wade? it's been more than 40 years since the ruling. 40 years wi

. >> do you think, jeffrey toobin, that will work for hillary clinton? >> can't hurt, right? she's got jay zee coming up. this is something democrats, you know, the republicans have a real hollywood gap, and whether that's something that they care about, they sort of take advantage of the fact that they are the people of the center of the country and the godless people on the coasts are the ones who are for the democrats. you know, it's a big party. the interesting thing to me is, you know, where is bruce springsteen? he's supported every democratic candidate, including john kerry, including barack obama. where has he been? >> i don't know. >> good question. we'll try to find out. pamela brown, you just heard jason chaffetz tell me he's got enough material for two years worth of hearings for hillary clinton, whether she's elected or not. he's asked the justice department to make sure they don't destroy any evidence or documents. he wants access to all of it. >> it makes you wonder his end game if she is elected president. you can't be impeached for actions before you took off

jeffrey toobin, let me start with you. all of a sudden the clinton campaign is calling on the fbi to release more information about these supposed investigations going on involving the fbi, investigations, trump connections with russia right now. they're saying the fbi is cherry-picking what to release to the public, releasing information that's negative about her but not about him. >> it's a terrible idea. a bedrock principle of the department of justice is you don't release information about pending investigations, you put up or shut up, you file charges or you say nothing at all. the whole problem the fbi got into is that comey violated this principle particularly close to an election. but the worst thing the fbi could do is compound that by disclosing partial information about donald trump. a big problem here, though, is that the fbi is leaking like a sieve. so james -- so it's in a way the worst of all possible worlds. there's this partial, perhaps inaccurate information coming out. but the fbi should do its job and s

back with the panel, and cnn senior analyst, jeffrey toobin. john? >> let me play the violin for you. if the obama people think they're going to convince trump -- maybe one or two things, they can convince him, but to david gergen's point. they call it a point of personal privile privilege. mr. axelrod, you were still tight with the president, gearing up for 2012, when donald trump was the chief cheerleader for the birther movement and donald trump's comments were one of the reasons, a factor, in the president deciding to put out the long form birth certificate. the personal animosity between this president and this president elect cannot be denied. they are going to sit in the sacred shrine of democracy. he's got to be sitting in that house stewing. >> you said the right words, the sacred shrine of democracy. he takes that seriously. what he says outside is what he says privately about this election. he talked to the staff today as i understand it. >> what has he said about donald trump in those days? >> he's irritated, no doubt -- secretary state a

cnn legal analyst, former federal prosecutor, jeffrey toobin. gloria borger. also trump supporters kayleigh mcenany and jack kingston. clinton supporters bakari sellers and paul begala. jack and bakari are former lawmakers. jeff tuben -- i think we talked friday. you said comey is not going to speak anymore on this and this is is not going to be done until past election day. seems like you were right on both counts. will anything develop between now and election day on this? >> a lot of leaks from the fbi. >> that's how it's going to happen. >> i think one of the really unfortunate aspects of this announcement of raising in issue is it will contribute to a constant stream of leaks from the fbi, from the justice department, some of which may turn out to be accurate, some which may turn out to be wrong. the number of e-mails. how many e-mails are from, if any, hillary clinton, how many e-mails are classified? i mean, these are the things that all of us who are reporters are going to be trying to find out over the next eight days. we will get answers. some of tho

and cnn senior legal analyst jeffrey toobin. good night, everybody. before we talk about why donald trump is tweeting this out, not just what was happening at hampshire but also the politics behind it or media strategy behind it, just the legality of this. this has been asked and answered by the supreme court. the constitutionality of the american flag as distasteful as burning the american flag is. >> two things actually in that tweet have been settled by the supreme court. one is the more famous issue which is in 1989 and 1990 the supreme court said there is a constitutionally protected right to burn the american flag. it is protected under the first amendment. the other thing the supreme court has said is that the right to citizenship is a constitutional right. so a court can't take it away from you. it's like having the right to a lawyer when you're charged with a crime. the court can't sentence you to no lawyer in court. so they can't take away your citizenship. they can put you in jail, they can execute you. they can take away your right to vote

let's discuss now, jeffrey tube en toobin and jennifer. i want to start with you, you were inside that courtroom today, what happened? tell us about the proceedings. >> the morning had started pretty predictably. people were arriving, expecting jury selection to begin. the proceedings had been delayed for three weeks at that point. waiting for a competency hearing. and roof's hadn'tal state on friday, the judge ruled he was competent to stand trial. most people were expecting that to go forward. when the judge took his seat, he discussed the fact that he received a last minute motion for roof to represent himself and he moved forward with that pretty quickly made a decision that roof had the right and the capacity to represent himself, suddenly the entire nature of the day and the proceedings changed. >> what was his demeanor? >> he was like he always is, when i've seen him in court. he was quiet, respectful, answered the judge with yes, sirs and really did not elaborate a lot on much of anything, other than to ask the judge questions. he