heroin and it is extremely hard to get your hands on. the investigation will look at how he did that, if he had an illegal prescription for it. >> usually administered in a patch or lollipop i think. did prince have a prescription? >> that's a good question. we know that he had a prescription for something, we don't know what. we know from the search warrant one of the doctors that saw him the day before he died, showed up at his home to give him test result, and that he told investigators he had prescribed something to prince he was supposed to pick up at walgreen. we know there's a prescription, for what we don't know. we heard from investigators they couldn't find a prescription for pain medications on his person, in his home when they first searched his paisley park compound. >> thank you. hillary clinton ripped into

donald trump, saying he doesn't have ideas, just bizarre rants, feuds, outright lies. says he is temperamentally unfit to be president. and we will hear from the panel about the trump university lawsuit and his comments about the judge and his mexican heritage. be right back. you pay your car insurance premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone.

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thanks for joining us. it is a busy night, this is no exception. donald trump is about to speak in san jose. he gave an interview to "the wall street journal" and lashed out at the judge in the lawsuit against trump university, going after the judge's ethnic heritage. here's a relevant portion of the article. mr. trump said u.s. district judge had an absolute conflict in presiding over the litigation, given that he was, quote, of mexican heritage and member of latino lawyers association. mr. trump said the background of the judge born in indiana to mexican immigrants was relevant because of his campaign stance against immigration and the pledge to build the border. i am building a wall, it is inherent conflict of interest. joining us, senior legal analyst jeffrey toobin. you've seen the article. what do you think of what he said? >> first of all, it is clear that donald trump has first amendment rights, he's allowed to criticize judges like anyone

else, however the notion that a judge being of mexican heritage is a conflict of interest in any case involving a politician who may have interest in mexico is completely outside judicial, the current idea of judicial ethics. african-american judges sit on discrimination cases, catholic judges sit on cases of separation of church and state. there are two organizations, one is in fact an advocacy group for immigration rights but that's not the one that this judge is a member of. he is a member of an organization that's hispanic judges and lawyers that advocate for sort of -- more a social organization, like there are

jewish lawyer organizations, catholic lawyer organizations. it is certainly not a conflict of interest. donald trump can say what he wants, but what he is saying about the judge is completely wrong under all of the current rules of ethics. >> the idea that any judge because of his parents were from mexico or were immigrants or was of any ethnicity recusing himself because of that is unheard of. >> it has never been the law, it has never been object lig tree or suggested for judges that share ethnic heritage with one party in the case having to recuse themselves, that's contrary to the idea of what we expect of judges which is to be neutral arbitors, able to put

aside their background. if that were the case, we would have recusal in almost every case because every judge is a member of some religion or racial group and that often comes up in cases. so what trump is suggesting about the judge is not the law at all and never has been. >> jeff, stay on the line. want to bring in the rest of the panel. clearly seems donald trump has completed the lawyers group that uses the name lar az a. >> maybe that's opportunity to walk comments back. it wasn't just that part of it, it was bringing up mexican heritage. >> i like to think of the judge acting impartially, i am

optimistic that's the case. we were talking back stage earlier. the trump campaign has lost opportunity tonight that would otherwise be bashing clinton on foreign policy. this is part of the problem when he speaks a little off the cuff, you get interference on nights that would otherwise be a victory for him. >> donald trump mentioned he thinks the judge is biased because he didn't dismiss in summary judgment. he has a fair point there. one lawsuit in california is based on a rico statute, historic expansion of the statute in my opinion having just graduated from harvard lawyer, his lawyers' opinions as well saying it should have been dismissed. they're saying it was a criminal enterprise, engaging in racketeering. >> let me ask you about that. should the judge have -- these

are two separate issues. every litigant who moves for summary judgment thinks that he or she is right. the judge disagrees. we will have an argument about whether that's a correct decision. as far as i can tell, there's disputed evidence, that's why we don't have summary judgment, we move cases to allow juries to decide whose evidence is more credible, but that's a completely separate issue from whether the judge has a form of bias that requires reducing himself. whether it should be dismissed for summary judgment, that's what lawyers argue about. whether he is required to recuse himself, that's not even a close question and the judge is right and trump is wrong. >> again, david, bias according to trump based on the fact that

he is of mexican descent. >> that's the heart of the problem, becoming increasingly clear that donald trump's problem is not what he says but what he thinks. and periodically what he thinks comes to the surface. it is alarming ait is disturbin. the rest of the world is looking at this, making judgment of what kind of country we are, what kind of leadership we will exhibit. i have to say hillary clinton gave a speech why he is unfit, he walked right into her trap. he raised the question all over again. i don't understand why he went there. >> the other question, what message does it send to everybody of mexican heritage who is in the united states thinking of whether or not to vote for donald trump if the

candidate believes if you have mexican heritage, you have bias against somebody that has beliefs donald trump has. >> it implies no mexican can agree with his position on the wall. you can be mexican and agree with that. >> he made that point, said m y many agree with him. >> the logic isn't there. to me sends an awful message to mexican and latino americans of any race or color, he is dividing again. more deeply, speaks to temperament and impulse control. to your point, this is a potential victory day. hillary clinton did a great job breaking him down on foreign policy, not an entire victory but had a chance to rebut and rejoin. she opened herself by having the conversation. his comments show lack of discipline and there's something inside he can't control.

>> there's hypocrisy. i sit on the panel, heard over and over because he wants to build a wall, he is therefore isolating the whole of the hispanic community. the premise underlying that is that all of the hispanic community is against building the wall. that's a very racist way of thinking. >> isn't that what he said? >> that's my point. people on the panel said because of someone's heritage they're never voting for donald trump because of the wall. he is using the same logic. i am not referring to mark in particular, i am referring to many other people have said time and time again. it is the same idea that people because of race will vote a certain way because of a particular issue. >> but again -- >> he is the one that is categorizing this way. he set the conversation with this premise. that's destructive. >> that's a racist idea, so you

say what donald trump said is racist? >> i said it had racial undertones. because donald trump is embracing the same liberal thought pattern we said on here, i think it is not an appropriate comment to make. >> what he said has racial undertones? >> i am not saying that. >> you said when -- you claim when liberals say it about the wall, it has racial tones. >> he is taking that same pattern of thinking. my point is everyone is fine when a liberal says it. when donald trump says it, it is a problem. >> i don't know, it is hard to argue because you're arguing about a hypothetical liberal that's not here. >> i am making the point we need to have consistency. every time someone says on the panel going forward because donald trump wants to build a wall he is isolating the whole of the hispanic community, that has to be called out the same

way. >> the argument is not because he wants to build a wall. we could argue about that. the argument is why he wants to build the wall. he said about mexicans being violate, dangerous,i rapists. doesn't mean everyone won't vote, it is how he casts an entire race of people. that's not the same argument. >> it is. it has been made over and over. >> what's the argument? >> time and time again, everyone heard it. to me it is completely wishful thinking to say that hasn't been made. donald trump wants to build a wall, therefore he is isolating the whole of the hispanic community. that's false. >> wait a second, that's not what started this. >> in politics we typify certain groups, say this is the way they think. that's a racial way of thinking. >> this started when he declared

candidacy for the presidency talked about mexicans being rapists. he is the one went after mexicans to start with. then talked about a wall. talked about vthings. what are they thinking. we know that 80% of the hispanic community disapproves of him. that's a very important political fact. >> specificity matters. all mexicans are criminal and rapists, but that's not true. he said mexico sends people. >> there's no evidence mexico sent them. >> there's not. >> then don't say there's one. donald trump says that he talked

to border agents that told him that. >> for the record, talked to people in charge of border patrol, current and former attorney generals, there's no evidence -- >> i am not talking advocacy of that claim, it is unfair to say they're all criminals and rapists. >> he didn't say that. he phrased the question -- he justifies the wall based on the fact that he claims they're sending a lot of criminals and rapists here. >> there are criminals and rapists that have gotten across the border and killed people like kate steinle in california. >> there's a consistent pattern, like david said from the beginning of candidacy, hinged on xenophobic -- we watched the

ban on muslims. >> temporary ban on non-u.s. muslims until we isolate the problem. >> that's not what he said. >> we showed the clip. >> and he said until we isolate the problem. you left that out. >> but the problem is terrorism. no muslims can come into the country until we isolate the problem of terrorism. >> everybody take a breath, we will take a break, be back with more.

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heritage and his membership in a latino lawyers association. back with the panel, continuing the discussion. not sure where to pick it up. it is clear and we were making this error until tara was pointing it out, , the one organization is different than the lawyer organization that this judge, clearly again we have to wait to hear from donald trump. on top of that, he placed the idea that the judge whose picture we are showing that inherent conflict of interest because of mexican heritage, grew up in indiana. >> the fact we're even having the conversation about a presidential candidate of a major party is what is so dismaying for so many americans. that's why i am a never trumper, that's why many conservatives are concerned about this. we're looking at this. how irresponsible and reckless

is this individual. and hillary clinton and god help me, never thought i would agree with so much of what hillary clinton said in one speech, but that's the narrative that hillary clinton and the democrats will exploit from now until november and independent voters who are not primary voters, who are more partisan, independent voters are going to stand back, look at the choice. this is so -- the fact that -- your logic was nonsense five minutes ago. we are not going about that. >> let her respond. >> you say no conservatives are for donald trump. 80% of republican voters in the poll support trump. >> let her finish. >> tara, let her finish. >> i don't think that's true. go back, look it up. >> in the quinnipiac poll, not

only does he win independents but wins more democrats than hillary clinton wins republicans. >> snapshot in time for now. today was the beginning of a new campaign from hillary clinton and what the democrats are going to do. when you see the poll in a couple months. >> should point out in terms of accuracy, in terms of that poll, donald trump is the presumptive nominee for the party, that poll reflects that. on the democratic side, has bernie sanders. >> the idea that independents will wake up. they have been watching for months. >> fair point. couple things going on. jeff tu want to go to jeff toobin in a moment. donald trump is going to make remarks in san jose. not sure if he will address this. a large crowd is waiting there, listening to "you can't always get what you want."

i believe that's the song. jeff toobin, for those just joining us, let's take a breath. in this "the wall street journal" article donald trump says, let me get that. i want to read this paragraph from "the wall street journal." it said mr. trump said the district judge had, quote, an absolute conflict in presiding over the litigation given he was of mexican heritage and member of latino lawyers association. mr. trump says the background of the judge being a mexican immigrant is relevant because he pledged to seal the border. it is conflict of interest. a judge normally doesn't come out, defend himself. a judge usually remains silent in a case like this, right? >> that's right. they rule on the recusal, but

usually don't write an opinion explaining that decision. this is such an easy case. this is not a close case. >> explain why it is an easy case. >> there are two points trump raises. trump appears to have confused one laraza, an active organization critical of donald trump and pro-immigration rights. the judge is not a member of that organization. he is a member of a different organization, also called laraza, a fraternal organization of lawyers of hispanic heritage, which is a perfectly ordinary and familiar group, many catholic lawyers are involved with catholic organizations, jewish lawyers with jewish organizations, italian american

lawyers organizations, they are ethnic pride, not advocacy groups. do not under any theory represent a conflict of interest, and especially trump's second point is particularly outrageous, simply the fact that he is of mexican heritage means he should recuse himself. it is established law for decades that african-american judges can hear discrimination cases involving african americans, catholic and jewish justices can hear claims about separation of church and state. the ethnicity of the judge is not in and of itself a ground for recusal ever. and that is a claim that trump under the first amendment is certainly allowed to make but it is completely wrong under the law. >> we have to take a quick break. we await donald trump speaking tonight. there's a lot more to talk

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breaking news tonight in an interview with "the wall street journal," donald trump ramping up attacks against the judge presiding over two civil lawsuits against trump university or so-called university. a third lawsuit is being led by new york attorney general. earlier today trump tweeted after the litigation is disposed of, i instructed my execs to

open trump u. so much interest in it. i will be pres. that was it. all three lawsuits contend that trump university took in estimated $40 million, was mired in fraud and deception. one of the key issues concerns trump's involvement in the now defunct program, how it stacks up against the sales pitch, what he claimed. newly released documents shed more light on that. here's senior investigative correspondent drew griffin. >> you think you can teach people to be wealthy, michael, how to be wealthy? >> absolutely. >> reporter: that's the president of trump university appearing with trump larry king live when the joint business was getting under way. newly release depositions show sexton controlled almost all aspects of the school, except one crucial area. how it was marketed, promoted and advertised. the very heart of the lawsuits against trump's now shuttered real estate seminar business,

the business he promoted. >> these are people handpicked by me. >> reporter: one of the allegations of the lawsuit. that statement was a lie to trump students. we know who approved that line. michael sexton stated just that in a sworn deposition made public. any time we had a new ad, sexton said about trump, we would discuss it. why did he want to be involved in reviewing and approving the advertisements, sexton was asked. he, trump, wanted to see how his brand and image were portrayed in trump university marketing materials. >> trump was a pitch man. >> reporter: eric snyderman, attorney general of new york suing trump and his university says everything about the marketing donald trump approved was a scam. >> he made videos to lure people in who thought this guy is a successful real estate entrepreneur, i could benefit from the knowledge. but it was the pitch very much focused around my handpicked experts will teach you my personal secrets, copy that and

you'll get rich. >> reporter: that pitch is what lured george to trump university. he thought trump university would involve, well, donald trump. >> instead of donald there was a video screen, a projector screen. they projected a movie that had donald on it. and he introduced the people we were going to be hearing talk that afternoon. >> by name? >> no, he said these are people i picked myself. >> reporter: there's good reason donald trump never named those people. all right here in this deposition from december when donald trump admitted he could not remember a single name, not one of the instructors at trump university. the actual instruction, the courses left to michael sexton who told larry king trump university was his idea. >> i met mr. trump, pitched the idea. it was something that i think

captured his imagination. >> he came to you? >> he did. he has done an amazing job. i have known michael for years. smart guy. he loves the internet deal and loves education. >> reporter: now that both men are being sued, the story is different. under oath, trump revealed he didn't know the instructors but knew very little about the university president. called sexton more of an educational person. asked if he knew if sexton ran a school before, trump answered that i don't. it is too long ago. i don't remember. records show michael sexton, the president of trump university spent almost his entire career in business and consulting. >> we will see if donald trump responds to the latest interview he gave to "the wall street journal" where he said the mexican heritage of the judge in this case is an inherent

conflict for him to oversee the case. jeff toobin, in terms of what this case really hinges on, if it is proven donald trump did in fact lie, that he says he handpicked those professors, associate professors, not sure it is fair to call them professors, but he said he handpicked them and depositions say he didn't do that, is that a crucial piece of the case? >> it is an important part of the case but not the whole case. fraud requires intent to deceive, so in order to prove that trump committed fraud, the plaintiffs in this case would not only have to prove that what he said to -- in the marketing material was false, they'd have to prove he had evil intent, that he intended to deceive prospective students in order to get their money.

so trump's state of mind will be very important to determine the case. i think based on the evidence that's come out, it is not clear what trump's state of mind is. that's why the judge ordered a trial. that's the kind of fact that a jury will ultimately be required to determine. >> so just because he may -- at least on the face of it appears to have lied, saying he handpicked them when in fact he didn't, that doesn't go to whether or not he was intentionally trying to commit fraud? i mean wouldn't that inherently mean that he was trying to fool people to take the courses, believing that these teachers were more than they were or that he was involved in it more than he really was? >> if that's the case that he made that false statement, that would certainly be a bad piece of evidence in regard to his intent to deceive and this deception of students but i am

reluctant to say one piece of evidence would turn the whole case. you know, this will be, if it goes to trial, a complicated case with lots of evidence. if that's true, bad fact for trump. i am not prepared to convict donald trump of fraud based on one fact. >> jeff, why does donald trump continue to say he doesn't settle cases? it is a point he made repeatedly on the campaign trail saying if he start to settle, other people come after you. just a cursory look at a number of lawsuits against him, he has settled, routinely settles cases. >> he settles cases, all business people make a rational decision whether the cost of a lawsuit is worth -- maybe worth it just to settle rather than pay the cost of lawyers and the risk of a loss. i think it is mact it is macho .

he thinks that's indicative of his toughness, happens not to be true. >> how much problem do you think this is for trump between now and election day? >> i don't think we know at this point. he got a break. the trial was put off until after the election. he is not going to be on the stand testifying under oath. i think we have enough now that a lot of this will be -- we're going to have different arguments about whether he mislead people or did not. supporters were on cnn making an entirely different case to defend him. you have to weigh those things against each other. what i do think, anderson, he is going to be subjected to an intensive amount of scrutiny from mainstream press between now and november and the

question will become do his general practices, general business practices, are they injurous as the e-mail is to hillary clinton. >> he has laureate university, it will mute the trump university case. this university he was translore of, one of the colleges in chile lost accreditation. largest for profit college company in the world. 84% abroad. why it hasn't gotten -- >> there's a fundamental difference between losing accreditation and class action suit for fraud. >> they say they used high pressure tactics. >> we have to take a break, i'm sorry. we have to get this in. up next, donald trump getting house speaker paul ryan's endorsement. we will talk about that also. be right back. han i thought, it's just not in my nature to brag on myself.

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this is our community, this is where we live. we need to make sure that we have a beautiful place for our children to live. together, we're building a better california. before making headlines, donald trump collected endorsement of someone w who holding endorsing. paul ryan said it is no secret he and i have our differences, when i feel the need to, i'll continue to speak my mind. reality is on the issues that makeup our agenda we have more

common ground than disagreement. joining me, sharp critic of donald trump, charlie sykes. good to have you on the program. first i want your reaction to trump's comments in "the wall street journal," reiterating trit sic criticism of the judge. saying he had inherent conflict of interest because he has, quote, mexican heritage. >> this is what shocks me about donald trump and paul ryan's endorsement. comes after months of behaving badly. you have him lashing out at mitt romney, personalized attack against the judge presiding over the fraud case. the other night when reporters are doing their jobs. that makes paul ryan's timing disappointing here, it seems less a negotiation and a negotiated surrender by the speaker. >> how big of a problem do you

think this is for trump and the gop who need to do better with latino voters and also the fact that trump appears to have conflated two groups with laraza in their name. >> especially with groups saying we need to support donald trump because of the supreme court. this story raises question about his respect for independent judiciary, his respect for that branch of government and i think it is alarming. paup tal-- what does this say at a man that might be president of theist if he doesn't have the kind of respect for the judiciary. i understand rules are different for donald trump but here's somebody that's shown no willingness to step back and say look, what is appropriate and what is not appropriate to use for use of the bully pulpit as a presidential candidate. it is alarming.

you mention the hispanic element. jeffrey toobin was saying there's no legal basis for calling out someone because of their ethnicity, and the fact that donald trump persists with this indicates this is a huge problem, not just for republicans but for republicans that now decided they're going to join at the hip with him. >> senate majority leader mitch mcconnell said he is concerned what he could do to republicans with hispanics, alienate them for decades. >> mitch mcconnell is just now figuring this out? i understand why paul ryan is doing what he is doing. h made it clearest not endorsing donald trump or embracing trumpism, he is betting donald trump will support his agenda. here's the thing in terms of the art of the deal, there's no assurance donald trump will modify or moderate his behavior. i think it is naive or unusual on the part of republican leaders thinking somehow you're

going to see a new donald trump. that the donald trump you're seeing now will be different from the donald trump seen in november or in the oval office. i think that's naive. >> trump himself said that in a press conference, look, this is the way it is going to be, this is what it is. charlie sykes, thanks. up next, donald trump is speaking at the event in san jose, california. we are monitoring it to see if he makes any comments about the judge or his comments to "the wall street journal" or even hillary clinton. we will continue to monitor this and take a quick break. music: "sex machine" by james brown ♪ ♪

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we are monitoring the trump rally. we mentioned his remarks on the "wall street journal" about the judge in the trump university case or hillary clinton's scathing attack. today's other big piece of news, a medical examiner's report confirming what had been feared for weeks now about the death of perscription and opioid overd e overdose. he died of an accidental overdose of fentanyl which he administered to himself. it's stronger than morphine or heroin. now that the cause of death had been confirmed, prince becomes the latest celebrity face of a deadly epidemic in the united states. joining me now is specialist dr. drew pinsky. were you surprised to hear fentanyl was involved in his death? >> i was. fentanyl is a very powerful drug.

it was designed to be used for cancer patients and end-of-life issues. when people get into trouble, my patients when they get into trouble with fentanyl, they adulterate the usual delivery systems. >> crushing it or snorting it? >> no, it's given as a patch you put on your skin and it stay there is for three days or believe it or not a lollipop. so in order for them to get the high doses, they open the patches and suck down the contents, it goes through the cheek membrane that way or they shoot it. now the fact that they say there's two clues, again, this is an incomplete report. you have to read between the lines. one is that there were toxic levels. it's almost impossible to get toxic levels from the usual delivery systems. he had to have adulterate it had system in some way, number one. then number two, you look at what happened to him that night. he fell down in an elevator, probably couldn't get up and probable stopped breathing. that's very high levels of a medication and you have to wonder, they say self-administered. what exactly he was doing.

>> and i understand fentanyl -- it's lead to a surge in overdoses in the u.s. i've read it's like 50 times more powerful than heroin. is that possible? >> of course it is, but we use very, very small doses. when we're using it in a prescription basis, the delivery systems are slow low level release. it's when people get their hands on it and start adulterating how they administer it. the real problem is it gets sold as heroin so when these kids or not such young people are adjusting their dosing, they think they're using heroin and they can overdose. >> after prince died you said they suspected benzodiazepines could have been involved in causing prince to stop breathing. do you think that could be the cause of death? >> 70% of opioid death are in the setting of combination with benzodiazepines. that is the deadly combination. we don't have complete toxicology, all we have is there are very high levels of fentanyl. we don't know whether or not there were other things involved

here. >> what else would you want to see from an autopsy report? >> i want to see for instance what are the conditions of his hips? did he really have a hip problem? we hear there was a scar in his hip which suggests to me he may have had a hip surgery and i'm going to bet that that's where this problem got started. number two, i want the complete toxicology report. that is going to make a big difference in how we figure out what went on here and finally, i hate to say it, i want to know whether there were track marks. if this was intravenous use of fentanyl, that throw this is problem into an entirely different light. >> you were part of the town hall where we were discussing america's addiction to painkillers. you believe doctors are overprescribing it. we don't know if prince had an actual prescription for fentanyl and other drugs but if he did would the doctor who prescribed these drugs be responsible or partly responsible? >> i would humbly think so. you pointed out at that town hall meeting that we have 5% of the world's population, we consume 80% of the opioids on earth. it's an unbelievable excess that we participate in. and fentanyl is a medication

that was designed, again, for end-of-life and cancer. the fact that we have a young healthy male taking high amounts of fentanyl, if it is prescribed by a physician, that is as bizarre as a young healthy male getting propofol from a physician. >> but you could get it on the streets. you can get it illegally if you have contacts? >> you can but typically that's a powder form. there has been reports of a pill form they take sublingually, but, again, you can't get toxic levels. it leads to me to suggest that he might have been opening the pacts and eating it and that's where things got out of hand. >> awful to think about. dr. drew, appreciate you being with us. we'll be right back. ah, it's my brother. keep going... sara, will you marry... [phone rings again] what do you want, todd???? [crowd cheering] keep it going!!!! if you sit on your phone, you butt-dial people. it's what you do. todd! if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. i know we just met like, two months ago...

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busy night indeed. that does it for us. thanks for watching. "cnn tonight" with don lemon starts now. breaking news indeed. a big night on the campaign trail. dueling events in the battle for california. you're looking live at donald trump's event in san jose. bernie sanders in chico and bill clinton in reading set to speak soon. we're keeping an eye on all of them for you. this is "cnn tonight" i'm don lemon. let's listen to donald trump moments ago. >> i watched hillary today, it was pathetic. it was pathetic. [ boos ] it was so sad to watch. >> well, that comes after this scathing blast from hillary clinton in her major foreign policy speech today. >> donald trump's ideas aren't just different, they are dangerously