hapter of their life. >> we are learning to take it as it comes and move on. >> i'm looking for that sense of calm in every step i take. i think i'm going in that direction. >> to nominate a hero, go to cnn heros.com. that's it for us tonight. see you back here tomorrow. "ac 360" starts right now. good evening. thank you for joining us. today we are going to mexico but not before first taking a man's life. that is what surviving fugitive and cop killer david sweat is reportedly telling authorities. he is spilling details about from his hospital bed about his now dead partner richard matt their escape from prison when and why they split up and who he planned to kill. on top of that gene palmer was in court answering charges to favors he admitted to doing for them in the prison.

the fbi is investigating possible drug and corruption there. much more from those threads. and tonight late word on richard matt and how he looked when the law caught up with them. we start with the time line of david sweat's takedown and gary tuchman. >> reporter: the word came over police radios around 3:20 p.m. gun shorts fired. as scores of police raced to the ironically named town of constable on the canadian border there was hope that david sweat had been captured. but only one officer was at the scene. >> as he was driving down the road he spotted a male basically jogging along the side of the road. he approached him. as he approached the male turned to him and said hey come over here. >> reporter: the male was david sweat, only two miles as the crow flies from the canadian border. >> the male ignored him. he called out again.

at which time the male turned aren't like what do you want from me? and he recognized him to be david sweat. >> reporter: sergeant cook says sweat took off from the street into this field. the sergeant chased after him. he was afraid that sweat would run into the woods and disappear. he fired two shots, and the manhunt was over. this very rural area has man amish residents. in the aftermath, vehicles were being searched by police including amish buggies to make sure only residents were allowed back into the area where the capture was made. gene burke and paul belgium were visiting an amish family whose barn was adjacent to where sweat was caught. >> 600 feet away from that barn is where they apprehended him. across the field, there is nothing there but forest and the canadian border. >> i heard the two shots. i didn't know if one was him or

one was them or back and forth or not. >> reporter: he says within three or four minutes swarms of police arrived. he took these pictures of the police cars estimating 30 or 40 police vehicles on the rural code road. >> they threw their cars in parked and ran out of the cars. some have guns in hand. they were running through the field and then the ambulance came in the feel and headed down to where he was shot. >> reporter: you can still see the tire tracks of the vehicles in the wet field. also crime tape remains where the field disturbs into forest which would have been the beginning of sweat's route to canada. >> so see all this was overwhelming. >> reporter: two ambulances accompanied by police vehicles raced to a nearby hospital leading to fears more than one person was shot. but sweat was the only person who had been hurt. in frank lin county where most of the three-week long man hunt was centered there was great relief. about 200 residents gathered in front of the courthouse to show their appreciation to the law

enforcement agents who risked their lives to find the two escapees. >> they did an amazing job tracking these guys and getting them. >> reporter: 1300 men and women looking for these killers. but it came down to onan marks sergeant jay cook whose alert patrolling on this quiet road put an ends to the fears of a region. >> gary joins us close to where david sweat was shot and taken into custody. how long would it have taken sweat to actually get to canada from where you are if he hadn't been caught. >> reporter: earlier in the evening i took a hike in the woods just to get an idea of the twinning of the journey to canada. this is wilderness. it is a forest it's not odds. st there are no paths. it's mosquito infested. there are holes that are deep. so it is adangerous. it took me 15 minutes to go a quarter mile and 15 minutes to come back. if you had the desire to go fast if you were an inmate escaping the law you could probably do a mile in less than

an hour. two miles in less than two hours. when he got here to this spot at 3:20 yesterday, if there were no police officer here sweat probably could have gotten to the unguard canadian border by 5:15 in the afternoon. i must say the mounties on the queb beck side would have done a great job with the investigation if it was estimated that sweat was in canada. but it's much more difficult to deal with an international manhunt than a mant manhunt solely here in the united states. >> i spoke to someone who you also talked to in your piece saying on the canadian side there wasn't a high level of visible law enforcement. gary thank you. david sweat's condition has been upgrated. so has our picture of exactly what he and richard matt had in mind for their escape. we are learning more about their plan a and what they did when it

became unglued. more from the hospital where sweat is recovering and talking. miguel marquez has more. >> reporter: he is giving them solid details as to what their plans were. they want him to survive because he is their best link to their unraveling how this escape from prison occurred. their plan a was joyce mitchell the prison worker who was going to give them a ride. he told investigators their man plastic to kill her husband and then to go to mexico hoping to be toasting margaritas on the beach in mexico before anybody was the wiser. clearly that didn't work out. when she got cold feet they scrambled for a plan b spending much of their 22 days in the wilderness. clearly not making good headway. they only got 32 miles away. about a mile and a half a day, a

snail's pace if you are trying to get away from that many law enforcement. >> we are learning what kind of shape richard matt was in when he was confronted by police. what have you learned? >> reporter: not as terrible as one might expect. one authority said it smelled like he had been drinking. but he was dressed like essentially a hunter. camouflage gear. they had broken into a cabin. so apparently they had gotten a hold of proper clothing for the environment they were in and they were log to go the whole way. the coroner said he did have big bug bites on him but they weren't as terrible as one might expect that they weren't as swollen as one might expect leading them to believe that perhaps for some period of days they did have cover in some sort of cabin or something appropriate for the elements. >> let's go to one of the lead searchers, a sheriff for frank lin county where the manhunt was

focused and where it ended. sheriff, i appreciate you being with us. you saw david sweat after he was shot. what did he look like? was he talking? was he saying anything at that point? >> no. i saw him -- i was at the alice hyde hospital when they unloaded him from the ambulance and brought him into the emergency room. he was sem conscious. his eyes were barely open he wasn't speaking. and his chest was covered. >> what made you in law enforcement so sure he was in that area? >> well some of the fbi profilers had said right along that sweat would try to make an attempt to go north towards the border. i think major guess stated on friday in our press conference that we were casting our nets further north. even after matt's shooting we continued patrols in this area thinking on the possibility that he was really going to try to enter into canada. >> it's fascinating because in

terms of what we understand that he is telling law enforcement -- everybody had been wondering whether joyce mitchell was plan a or a red herring. seems like she was really plan a. >> yeah for as intelligent as these guys are, breaking out of a maximum security prison evading police for three weeks, joyce mitchell was plan a. >> do you think joyce mitchell and gene palmer are as far as it goes as far as helpers inside the prison? >> i think others will be implicated that may or may not they played a role in this. some small thing that somebody did for them. when you add that up -- it's like building a wall. everybody i think provided a brick so to speak if their plan was complete. >> and i mean this thing -- it's obviously going going on a long time. you, you a all the law enforcement personnel have been working a lot of 30s, dangerous conditions -- what does it feel

like to know that it's done? >> what a sense of relief. i was in the forward operating base when we got the call that sergeant cook was down here and had fired some shots and the subject was down. it was just a tremendous relief that went through -- tremendous relief that went through the forward operating base. hoots and hollers, handshakes pats on the back big smiles. just a huge relief for the commune. >> is there something -- i assume sort of after action reports will be done in terms of the actual manhunt. do you think there are things you can learn from this manhunt that could be applied down the road in the future whether in this area or elsewhere? >> sure. every time that we have a search like this -- you know the state police went through the bucky philips search a number of years ago. we learned things from that. and we applied those here. and there are things that we've learned here -- we'll sit down as a group and have discussion. there is things that we did well but there are things we know we can do better. >> sheriff over hill thank you

very much. coming up next we have more late details tonight about what we briefly mentioned at the top of the program. the fbi has now started investigating possible corruption at dannemora including a heroin ring inside the prison. we'll bring you up to speed on that. and why nbc told donald trump essentially you're fired. what the presidential candidate has to say about it. and of course he certainly has a lot to say about it. deliciously fruity, grab-and-go, take on the world with 100 calories, snack. yoplait greek 100. there are hundreds of reasons to snack on it. ♪ [music] ♪ defiance is in our bones. new citracal pearls. delicious berries and cream. soft, chewable, calcium plus vitamin d. only from citracal. what do a nascar® driver... a comedian... and a professional golfer have in common? we talked to our doctors about treatment with xarelto®. xarelto® is proven to treat and help reduce the risk of dvt

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to find hotel savings up to 30%. book! book...book...book! over 200 sites checked to save up to 30%. so don't just visit tripadvisor... book at tripadvisor. the breaking news tonight, captured fugitive david sweat talking to authorities from his hospital bed. his condition upgradesed one of his reportedly self confessed enablers prison guard gene palmer was in court today. that's him heading to court. state police have a sworn statement from him detailing the favors he did for sweat and matt. the district attorney has says that sweat palmer was not involved in the actual escape

plan. he said does make you wonder what exactly was going on inside that question. state investigators have been at the clinton correctional facility since last week as you may know. today we learned that the fbi has launched a probe of its own. details on now from our justice correspondent evan prer r perez who joins us from washington. what do we know about the fbi probe? >> the prison was a dysfunctional place. the fbi is investigating possible criminal activity inside the correctional facility including heroin trafficking. investigators want to know whether the two former fugitives nat and sweat were working with guards as part of the drug ring. law enforcement officials tell cnn that some of the prison employees who have been interviewed have described widespread availability of heroin at the prison and the role of employees of getting the drugs inside. we know that matt and sweat had the a lot of freedom inside this

prison. and the question now is was their alleged involvement in some of the criminal activity part of the reason for that freedom. anderson? >> do we know if either joyce mitchell or gene palmer are suspected of being involved in this heroin ring or other illegal activity? >> that's one of the big concerns here is that the fbi has already identified a couple of prison employees other than mitchell and palmer. so the committee question -- the suggestion here is that problems run much deeper than just those two people who have now been arrested and charged. anderson. we should say the new york state inspector general is doing its own investigation into security and other lapses that led to the escapes. >> evan perez, fascinating development. to platsberg where gene palmer and his new lawyer went briefly before a judge. it seemed like it was a fast proetd proceeding. what happened? take us through it. >> it was very fast.

i think the biggest thing was to actually see gene palmer. we hadn't seen him before. he did not enter a plea in this court and his attorney said that they were waving any more appearances. this is a very small court. this is justice court. now they are going now to county court. the district attorney said he will be convening a grand jury and taking it to the grand jury maybe not until a month from now because he has a new attorney and he wants him to have time to learn the case. >> what palmer's demeanor like during the proceeding? reporter were asking him questions on the way and he was not saying anything and he seemed stoic. >> that's a good word stoic. he seemed frozen in court. he seemed distressed uncomfortable and very scared to tell you the truth. he didn't speak to anyone except for the judge when i had to say a few words. when he arrived the media here absolutely surrounded him,

asking him every question. he didn't respond to anything and when court was over he just drove away. but these are very serious felonies because they are alleging that he brought tools from the outside to the inside four different times. for nat and sweat, seemingly so they could fix their electric box right on the other side of their cell in the catwalk, the same area that they happened to get the hole in and escape from. and then also that he allegedly burned and buried paintings that they made for him after they escaped from prison. >> and what if anything is the d.a. saying about whether or not other prison loyees could be charged with helping these guys escape? is he saying anything? you. >> know, he is sort of ambivalent on his answer. a week ago at this very courthouse there was a press conference and he said they expect nod other charges from any other prison employees. now this morning on cnn he said there is an investigation, we are looking to see if there is more charges. i asked him that very question

as he came out of court today. his response was me was, no comment. coming up next an up close look at the physical clues to how sweat and matt lived on the run. forensic evidence that ultimately helped authorities close in on them. plus the state officials resisting the supreme court's ruling on marriage. and the high level state officials who are encouraging them. they say they have the constitution behind them. the question is do they really? legal advice ahead from our jeffrey toobin. 8 grams of high-quality protein. which could be the difference between just living life. and milking it. start every day with the power of protein and milk life. leave early go roam sleep in sleep out star gaze dream big wander more care less beat sunrise

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david sweat's escape from the clinton correctional facility ganske with help. how it transpired week after week is told in a trail of clues left behind. that a stort story in and of itself. more from tom foreman. >> reporter: on the run-in the great north woods the two inmates had to live off of their wits and the land. unable to move freely in the roads or in towns where everyone was on the look out. >> these are two dangerous individuals. >> reporter: so what kept them ahead of the chase? first, they had maps showing just how close they were to the

canadian border and to cabins barns, remeet houses dozens of places where they might find supplies. second camouflaged clothing. when or how they obtained it is a mystery but it certainly could have made it harder for grounds patrols to spot them. third, pepper. yes, pepper. >> go in there and get me chilly powder and pepper and curry. a lot of it. >> >> reporter: just as cool hand luke used peptory confound tracking dogs early on police dogs appeared to have a strong trail, but then inexplicably lost night we believe that possibly these two males were using pepper to throw the scent off of the dogs who were tracking them. >> reporter: fourth the inmates had obtained a 20-gauge shotgun. one more thing to make officers move extra cautiously in their pursuit. nbc news obtained these images of a russ particular cabin which

police police say contained signs of intruders, a paver underwear and dna from the two inmates. >> there are numerous items we recovered from the cab ion. >> reporter: officials say the inmates broke into other places the net tighten. soon richard matt was shot and killed. and by the time david sweat was shot and captured police say all he had to sustain himself was a pack of pop tats. tom foreman, cnn. >> let's dig deeper with forensic scientist and cnn contributor john kobe listenski. also chris sweker a former fbi assistant director who led the investigation in the search for eric robert rudolph. the fact they were able to get their hands on camouflaged clothing didn't have insects bites, swelling seems to be that they were spendsing a fair amount of time inside some of these cabins? >> it does. they were doing a great job foraging and.howing from cabin

to cabin -- i've red about three cabins. they were probably well stocked. and that's where they got the equipment and the maps possibly. >> dr. kobe listenski, this whole notion of pepper as a way to throw off the scent of the dogs does that work? >> if you watch cool hand luke yeah you think it works. i think for the most part pepper -- it is a myth it really doesn't work the way people think it does. but if you have a high enough concentration, i think it will irritate the eyes the nose, the throat. i think it will throw a dog off. if the dog wants to walk around the pepper and kind of regain the scent, it can do that. but i certainly think in the right concentration it will throw the dog off. >> i guess the question is were they harding pepper inside the prison they then brought with them? is this something they found in kanes? >> and how much would they really have? >> all of this is be po. and after all, the zugs dugs didn't do the job they thought they would.

>> because it rained so often -- does that throw dogs off? >> rain could have an adverse affect. the win, the direction of the wind can throw the dog off. the dogs are amazing. they can smell things 1,000 times better than a human being. >> a thousand times. >> they have got 5 billion receptors in the nose. they are amazing creatures. but still you can throw them off. >> chris, it's interesting that after successfully eluding law enforcement for two weeks that sweat was found walking through a wide open field. i mean is that -- does that surprise you? or is that the kind of mistake that fugitives usually ends up making at some point? >> well, it surprised me because we heard representations and very confident ones from the search leaders that they had him, they had him inside a perimeter. they didn't know exactly where he was -- >> right, that was friday night they were talking about that perimeter. >> very much. it turns out, though he very smartly separated earlier and he was making his way north. and apparently matt had had

enough. and the psychopath that he was, he was willing to take on law enforcement in a more direct fashion. and sweat was smarter and was trying to work his way through. i think it is similar to eric robert rudolph in that it was goose policing by a police officer. it was out of the area they were closing in on. >> it is amazing when you think about ho close he was to canada. he was not far from a heavily wooded forested area. our gary tuchman was saying it is not even a place that has trails it's that dense and from there it's uninterrupted all the way to the border. >> he may have been a little bit careless when he looked out and didn't see, you know this huge presence of law enforcement and the search teams. i think maybe he felt like he could make a sprint to the border. it wasn't that far. he had the maps to tell him that. so he took a chance.

and i think probably fatigue was a factor as well. you get to where you can't think clearly. >> dr. kobe listenski, is there a way for authorities to tell how long ago a dna sample was left? i assume with rotted food there probably is if there is bugs or things like that but -- >> unfortunately, just looking at the dna itself you can't really tell. you can't tell when it was deposited. yes, you are right, let's say if it comes from saliva from the bite of an apple, you can sense from the apple how old the apple is. that will give you some idea. but from dna alone you cannot tell when it was deposited. >> in terms of testing it i mean we've talked about this before, but it is interesting to me how oftentimes a cite is committed we are hearing dna won't be available within two weeks. you are saying it actually can be done -- >> within 90 minutes. i think a lot of credit goes to the crime lab to do this kind of work. they prioritized it worked nonstop and got the results very

quickly. that's the state-of-the-art nowadays. >> chris, in terms of them spliting up did that surprise you? we talked in the past couple of weeks how often they stay together while they can use each other, while there is a benefit to it. did it surprise you that they had separated a couple of days previous? >> not surprising. these people they are concerned about themselves. it wasn't like one was going a hero and take care of the other one. when sweat realized matt was a burden he took off in the other direction. not that surprising anderson. >> it would be fascinating to hear details of how that conversation actually took place. you know was it amicable? was it just taking off? it will be interesting to see how much he reveals. appreciate you being with us. coming up nbc network dumps ties with donald trump after he calls immigrants rapists and drug dealers. trump says nbc is weak and he is

telling it like it is. also wedding bells and celebrations after the supreme court's decision but not everywhere. we'll take you to where the county clerk is refusing to issue marriage licenses to guy couples. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr. the latest choice for frequent heartburn. get complete protection. nexium level protection.

what do a nascar® driver... a comedian... and a professional golfer have in common? we talked to our doctors about treatment with xarelto®. xarelto® is proven to treat and help reduce the risk of dvt and pe blood clots. xarelto® has also been proven to reduce the risk of stroke in people with afib, not caused by a heart valve problem. for people with afib currently well managed on warfarin, there is limited information on how xarelto® and warfarin compare in reducing the risk of stroke. i tried warfarin before, but the blood testing routine and dietary restrictions had me off my game. not this time. not with xarelto®. i'll have another arnold palmer. make mine a kevin nealon. really, brian? hey, safety first. like all blood thinners, don't stop taking xarelto® without talking to your doctor as this may increase your risk of a blood clot or stroke. while taking, you may bruise more easily and it may take longer for bleeding to stop. xarelto® may increase your risk of bleeding if you take certain medicines. xarelto® can cause serious,

and in rare cases, fatal bleeding. get help right away for unexpected bleeding, unusual bruising or tingling. if you have had spinal anesthesia while on xarelto® watch for back pain or any nerve or muscle related signs or symptoms. do not take xarelto® if you have an artificial heart valve or abnormal bleeding. tell your doctor before all planned medical or dental procedures. before starting xarelto® tell your doctor about any kidney liver, or bleeding problems. xarelto® has been prescribed more than 11 million times in the u.s. and that number's growing. like your guys' scores. with xarelto® there is no regular blood monitoring and no known dietary restrictions. treatment with xarelto® was the right move for us. ask your doctor about xarelto®.

on the show the apprentice donald trump is the one who fires people. today he was on the receiving edge. nbc universo dumped trump based on remarks he made about illegal immigration. >> descending people, they have lots of problems and they are bringing those problems with us. they are bringing drugs. they are bringing crime. they are rapists. and some i assume are good people. >> those remarks sparked a firestorm of sorts, and true to form trump is not backing down. athena jones has the latest. >> am i so bad? >> reporter: nbc universal has cut its ties with donald trump citing his derogatory statements calling mexican immigrants rapist drug dealers and criminalers. >> somebody has to come out and tell it like it is. >> in chicago, he quoted a

report by fusion owned by spanish language channel union vision and abc. >> they think it's like mother theresas coming across the border. okay? this one says 80% of central american women and girls are raped crossing into the united states. well i said drug dealers. i said killer. and i said rapists. >> reporter: nbc says it will no longer air the miss u.s.a. or miss universe pageants partly owned by trump followed a similar step by ufer vision who also dumped the events. trump is planning to shoe. >> i'll be suing union vision. maybe i will be suing nbc, too. >> reporter: nblz was facing growinger pressure to respond. with more than 200,000 people signing on to a petition on change.org calling on the company to dump trump. and angry protesters outside the chicago event.

he had already planned to give up his hit show the apprentice. amid the controversy, trump has been surging in the republican poles. up to second place in the first primary state of new hampshire. oozing confidence in classic trump style he taughted the cnn poll. >> there is a cnn poll that just came in. they have interesting categories. who is the best on terrorism? that's a pretty important subject. trump, right at the top. who is the best on handling international trade? like not even close. trump is like almost double anybody else. right? that's incredible. >> reporter: as for the man besting him in that poll former florida governor jeb bush trump says he is a nice guy who can't win in 2016. >> believe me he will never ever in a million years bring you home. >> a lot of talk about. athena jones joins me along with bill carter and jeffrey

toobin. the conference where trump addressed this was it contention? >> it was contention. it was in a small crowded room. and more than half of the comment were about these comments he made, the controversial comments that have now cost him this relationship with nbc and with union vision. it was very contention. several of the journalists were actually shoet shouting at mr. trump. it seemed as though there were folks there who took his comments personally. i should mention before the event there were people protesting outside, chant being his hate speech what they called his hate speech, and saying that nbc should dump trump, which of course nbc did do in the end. one person even had a donald trump opinion yachta. i should tell you done trump is very, very die phi yant. he is not backing down. he is doubling down and even blasted nbc. he blasted them forestanding behind quote, lying brine williams but not behind quote, people that tell it like it is

as unpleasant as that may be. he sees himself as a truth teller. >> this is not the first thing done trump has said things like this. or things that were controversial, he had the whole thing about president obama and the birth certificate. nbc kept him around after all those comments. why dump him now? is it ratings? is it the fact that he is a presidential candidate? >> all the difference? >> i think those are the two big things. obviously if you are running to president, everything you say now is hugely magnified. but also you know the run of trump as a huge success for them has not continued. he is still a success i guess, and they would like to keep his show. but given these kinds of comments and the fact he is now going to be running for office means he wouldn't be on the air anyway for them. they have to take the show off the air anyway. i think it's much more convenient for them to step away from him. you are right, the old comments that he was make being president obama you would think might have drawn some level of reaction

from them but it didn't but that was just donald being donald. now he is donald being presidential candidate. that's a big difference. >> and nbc wasn't quick to make the decision. it has been several days since he made the comments. i'm wondering, was it union vision's decision that forced nbc's hand? they are keeping the apprentice just getting a different host? >> that's what they are saying. remember they tried martha stewart. that didn't work. i think they were boxed in by the fact that union vision made this decision and there was huge pressure on them from social media, et cetera they were generally uncomfortable. they have been uncomfortable from what trump has said. this is what hedays does. they liked it because he is excel event at drawing publicity and attention. this is a different ball game. now he is running for office saying things their extremely

controversial trying to enhance his standing in the republican primaries. that's an inconvenience for them and i think they finally said we have to do something about it. >> jeff legally, he said he is going to sue union vision sue perhaps nbc. likely? >> it depends -- >> i mean he can sue anybody. >> yeah, but it depends on one thing, which is the contract a. judge is not going to look at who is right and who is wrong. a judge is going to say what does the contract say between all these parties? and what are the provisions that allow nbc and union vision to drop trump. most of the time in the entertainment business there are provisions that allow talent to be dropped if they do something that embarrasses the company. what that is is often up for debate. and that's where a lawsuit can come from. but the one place where he might have a hook for a lawsuit is like i'm done trump. what did you expect me to say?

this is why he's famous because he says outrageous things. so the idea that he could be fired for saying outrageous things is maybe something that he could work with. >> bill does he have ownership in the apprentice or is he just the paid host? >> he does not have ownership in apprentice. he has ownership in the butty pageants. i think that would be the area where he would per sue some sort of legal action. one thing jeffrey said which is true in the better at the same time world, relationships are severed for all kinds of reasons, usually called creative differences. certainly they are going to say there is a creative difference here in terms of his image and they are incomfortable with it. i don't know any lawsuits in the entertainment world that have been successful base on they have decided the talent isn't what they want anymore. >> the talent almost always lose inside these circumstances.

often it ends with a settlement the talent gets money to go away. i think trump is enjoying, as always the attention, and the controversy. it's so cynical. you know what. i should be much more naive about how decent and good donald trump is. perhaps i just am not. i think he probably will not wind up filing an actual lawsuit. and if he does it will probably just sort of peter out. but, you know he's where he wants to be on television. >> athena i understand trumpl was asked about who he goes to for advice when giving speeches. what did he say? >> well, this was interesting. a lot of us tried to get a lot of questions in and producer -- cnn producer betsy klein asked him who do you to generally? he said i like to sort of think for myself. but you know who is very good at advice advice? my wife. and you know who else ivanka his daughter. interesting that he brings up two family members as people

that he seeks -- that he looks to for advice in addition to him. he didn't mention any other experts or friend. that was interesting. >> the only experts have the last name trump, apparently. >> how about that? jeff toobin thank you very much jeff carter athena jones as well. jeff is going to stick around. we have more legal issues to address. the celebrations for same-sex marriage being legalized are barely over but we will take you to texas to county that is refusing to give same-sex marriage licenses and we'll talk about whether they are allowed to do that in that county. we talked to our doctors about treatment with xarelto®. xarelto® is proven to treat and help reduce the risk of dvt and pe blood clots. xarelto® has also been proven to reduce the risk of stroke in people with afib, not caused by a heart valve problem. for people with afib currently well managed on warfarin, there is limited information on how xarelto® and warfarin compare in reducing the risk of stroke.

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with the c4 queen mattress set only $1499.98. know better sleep with sleep number. just days after the landmark supreme court ruling that made same hj section marriage legal in all 50 states this is texas sized resistance. they say county clerks can refuse to give same hj sex couples marriages licenses on the grounds of religious freedom and that he will protect them. quote, it is important for any clarke who wishes to defend their religious objections and

who chooses not to issue licenses may well face litigation and or a fine. but numerous lawyers stand ready to assist clerks defending their religious believes -- >> many while, county clerks in texas are taking his advice saying they won't give marriage licenses to same-sex couples despite what the supreme court says. one of those clerk is in hood county. ryan nobles joins us from grand bury texas texas with more. i know you tried to talk to this county clerk. what happened? >> reporter: anderson katie lang is the county county clerk here in hood county she is among a large group of clerks who said they were not going to issue licenses to same-sex couples looking to get married. we came here to find out why. we went into her office. we spoke with her receptionist. she said she wasn't granting interviews. so we waited for her to leave.

and this is what happened. i was hoping you could provide clarity as to how your county is going to handle -- >> i already gave an interview. i don't want to talk to you guys right now. >> reporter: well you are a public official, ma'am, can you explain -- there is a lot of people who don't have clarity as to how your county is going to handle this. could you handle us? >> i already gave an interview. >> reporter: you didn't give an interview to us. >> i know. >> are you not going to issue the licenses then. >> i'm going to post something on our website so you can read about it tomorrow. >> so you content comment whether or not the county is going to do it. >> thank you. appreciate it. >> wow. so a public official will not even explain her public position despite her position of authority, and people in that county now just have to wait until she decides to post this on her website? >> that's what it appears, and an. she did not give us any clarity as to what is going to be in

that statement tomorrow morning. the interview she is talking about, we believe, is with the fort worth star telegram where she said she has the right through the first amendment to deny these licenses based on the guidance provided by the attorney general. we talked to a constitutional law professor from the university of texas, and he said it's not quite that simple. perhaps there is some guidance to what the attorney general is saying to individuals within the office but not the entire office itself. he said that the best evidence of that is while the attorney general says he is going to publicly help the county clerks he is not going to specifically help them himself but instoed stead hand them to lawyers who will help hymn them for free. we should pointed out that this county clerk hasn't received any same-sex marriage license requests as of yet. >> back with us is jeffrey toobin. can she do that?

can she say it's against my religious belief to issue marriage licenses even though the supreme court said it is the law of the land? >> she can't do it if she stops the whole county from issuing marriage license. now, if she makes other officials in her office available to conduct those -- those ceremonies then i think she personally could refuse to do it. but hood county is part of texas. texas is part of the united states. after the decision last week same-sex marriage is the law of the land in all 50 states. and they have to comply. >> so can -- i mean i guess where does the role of a public official and a private citizen, where is that line? can somebody at the dmv say well i don't like guy people. they are violating my religious believes? i'm not going to issue them a driver's license? >> that appears to be the position that the attorney general of texas is taking that individuals have that right.

i don't think the courts would recognize it in those circumstances. i think perhaps in a marriage situation the judge -- a judge might allow an individual to excuse him or herself. but for a whole county no way. >> we should also just point out, this is not churches being forced to marry guy people against their teachings. this is the county. this is the state. >> that's right. that's right. >> this is a completely secular office. >> and another way of thinking about this whole issue is that you know in 1967 the supreme court said that interracial marriages had to be allowed. >> right. >> and the justification -- >> they did it based on equal protection. >> very same -- the loving decision the 19 -- it's cited repeatedly in justice kennedy's opinion last week. and a lot of the same justifications were used for banning interracial marriage, that god didn't intend for races to marry.

public opinion polls were more opposed to interracial marriage than they are of the same-sex marriage today. that was the same argument. >> based on what the texas attorney general said if that woman decided she didn't like sbrer racial marriages -- obviously, she hasn't taken that position. but if a public official says it goes against my religious believes can they deny that based on this argument? >> they don't want -- the opponents of the supreme court decision don't want to answer that question because interracial marriage is now so accepted in our society and so recognized as something that only really big otsed people oppose, they don't want to draw the parallel. but the parallel is precise.

>> it's precise because the ruling by the supreme court back in '67 in loving v virginia it's the same idea. it was used to justify the supreme court ruling this time. ? >> precisely. >> call protection under the law. >> call protection under the 14th amendment. and the idea that the state is different from a private individual and is different from a church. you know one thing that's very clear, and justice kennedy went out of his way to say this is that no state can force a church to marry two men, or marry two women. churches have absolute discretion to decide who can be married under their auspices. but the state is very different. marriage is a set of rights you get from the state. it gets you tax rights. it gets you rights for custody. it gets you rights to visit people in the hospital and that is something that is -- the state has to abide by the 14th amendment. >> how does this get worked out? does it ends up going back to

the supreme court? ? if there are actually entire counties that refuse to conduct these weddings it will go into federal court. and i don't think the supreme court would waste its time on this. there is no question that a federal court even in the most conservative jurisdiction, in light of a supreme court opinion on this exact subject would say no. >> this teerge clearly he is playing politics -- whatever his personal beliefs he is clearly playing politics because he is saying i am not going to defend you or pay your court costs but i'm rooting for you. >> moral support. >> that does it for us. our coverage continues from cnn headquarters in atlanta. sleep out star gaze dream big wander more care less beat sunrise chase sunset do it all. on us. get your first month's payment

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the time has come to either pay up or deal with debt default for greece. world marketing are watching closely. >> and talking from his hospital bed, the now-captured new york prison escapee details his three weeks on the run. and there are arrests in the tunisia terror attack a possible link to libya, and the heroic efforts to stop the killer. glad to be with you, this is "cnn newsroom".