presumptive, yeah, but let's wait until the facts are in. >> coming up, another hour of "360s." and sources saying donald trump has issued a statement to the people to act on his behalf over criticizing a federal judge over seeing a lawsuit against him who donald trump says he can't do his job in part because his parents were mexican immigrants. f the morning ritual around here. people rely on that first cup and i wouldn't want to mess with that. but when (my) back pain got bad, i couldn't sleep. i had trouble getting there on time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12 hour strength of aleve. for pain relief that can last into the morning. ♪ look up at a new day... hey guys! now i'm back. aleve pm for a better am.

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good evening, welcome to a day that began with donald trump under fire which ended with word of a conference call and according sources telling sources not to back down and keep it up, keep going after the judge. that's the breaking news. it's our lead this hour. and when asked about the cont controversy by bill o'reilly, he suggested he was threw talking about the case. >> at least by talking about it, people understand it's a civil lawsuit that should have been dismissed a long time ago but the judge is treating me very unfairly. and frankly, i don't looik waisting my time talking about this lawsuit. i'm going to win this lawsuit. >> and more from sarah murray with the latest. explain what we know about it. >> it sounds like it began as a

way for trump to explain what's going on and why he's been picking this fight with the judge so his supporters could better understand it. but it seemed to, according to sources, morf to continued to take on the judge, and members of the media being critical of this judge and stand by donald trump at a time when many republicans are trying to distance themselves from him. >> and there wauz a -- was a memo yesterday. >> and what sparked the confusion and fire storm was surrogates had received a memo the night before saying this was a legal matter, leave it alone, don't deal with trump university. and former arizona governor jan brewer said look, we got a memo yesterday that said the exact opposite. and he was dismissive of the

chatter that people should talking about the lawsuit and he instead encouraged people to back him up and continue hammering this judge, this case. the trump campaign's official line is that it was a very positive call, a way for him to thank supporters. but obviously we're getting a lot of different story lines out of this. >> sarah, thanks very much. and in addition to siting judge curiel's ethnicity, this one ties the judge to bill and hillary clinton and you've probably heard it by now as well as the counter argument. and whenever something like this comes up, we'll try as best we can to search for the facts. >> reporter: the law firm in this san diego office building being pulled into the political fire storm. the trump campaign is saying that the law firm connected to

curiel has givingen money to the clintons. the clintons did receive payment from the law firms, $675 thousand over a five year period. former president bill clinton giving two speeches september 2009 and september 2013 and hillary clinton spoke in september of 2014. before she was a presidential candidate. each of the three speeches amounting to $225 thousand a pop. but the lawfirm was not hand picked by the judge. it was the first plaintiff who filed a motion to have the law firm considered as counsel and that was before a different judge, not judge curiel. it wasn't until february of 2014 when judge curiel signed this order formally appointing the law firm. he said then that the court is

satisfied that the plaintiff's counsel met the criteria. that approval made more than a year before trump even declared his candidacy for president p. a legal experts say the choice makes sense. >> this a firm with experience of class a lawsuits. it's a narrow area of the law. >> and it's not unusual for law firms to hike over sizeable funds. >> and that the includes hiring speakers. so, it'sinate outside the realm that they would have other notable figures speak to them and pay exorbitant fees. >> reporter: they say this issaunather layer that the judge is biassed against trump. they appointed two high profile law firms, one a hillary clinton supporter had given hundreds of thousands of dollars to hillary

clinton and her husband. >> reporter: there are legitimate questions raised by the judge's selection of the firm. >> these are the kinds of questions that should be asked in connection with any case. does the judge have the kind of relationships or circumstances that exist that would call into question the impartialiality of the judge. >> the law firm did not respond to cnn for comment, nor would they provide a full accounting to other political figures they paid in the past. joining us is senior legal analyst, jeffrey. since you're just joining us, the things trump has been throwing out there about this case, does it make sense to you? >> i think itk it's important t separate these two things. the alelkleged conflicts of interest, which as far as i can

tell are a conflict ofert inte. and donald trump has not talked about that. only that he's mexican and once corrected then it was mexican heritage. and it's ridiculous. because donald trump is the one running for president and the only issue he's raised is that the judge is mexican. >> some people will hear why is this big law firm paying the clinton's money. is that standard? >> it is fairly unusual to have a law firm pay that much money to any sort of public figure and the robens firm is known as one that has been sympathetic to democratic politicians in the past, as have most plaintiff side lawyers. remember, the judge was appointing a plaintiff-side lawyer in this case. so, it's mostly democrats. it's a very experienced firm. it was a very common thing for

this law firm to be appointed and both judge curiel and the other judge were making this selection before donald trump was even a presidential candidate. so, how could this be an example of biassed against him? >> trump supporter. the fact that the plaintiff was the one to file a motion to consider this firm for counsel and not judge curiel and in fact a different judge completely. >> judge curiel signed off on this. is that not what you were just saying? >> yes, after the other judge had ruled on it as well. >> right. exactly. and i might add, the head of the law firm gave something like $2700 according to reports in may of last year to hillary clinton, just a year before

donald trump announced his candidacy. >> that's -- >> yep. >> did trump's lawyers oppose the appointment? >> let me make one point about this. if this judge is as bad as donald trump has said. he said he's a hater, he's biassed. why haven't his lawyers made a simple motion to recuse him. if i may offer a hypothesis is that the lawyers, like most lawyers have to follow the law and there is no law that suggests this judge is biassed in any way. so, it's worth pointing out that they have not moved to get rid of him. >> does that concern you? >> 6$675 thousand. that concerns me. and it's true, yes, it is unusual that those fees are paid to politicians by law firms sf. the selection is concerning

without question. >> even though it was the plaintiff who asked for this law firm? you don't buy there's a limited pool of law firms? >> let's come to new york city -- >> requires californ >> it's california. >> i don't care where it is. it's a class action lawsuit. this is a very political law firm. there's a lot of suspect issues surrounding the selection. >> this occurred before donald trump was running for president. >> we saw a remarkable blunder that the judge releases confidential information and unreleases it. >> we talked about that. >> that all counts. >> this is distracting from the actual question which is can somebody of a certain ethnicity, rule impartially in a case --

and that is a fundamental question we should know. many of us think that's racist, what the nominee of the republican party -- >> and a lot of us think the opposite. >> and we'll see just how many those are. >> the possibility of a potential bias. there's nothing wrong with that. >> but what you're doing is in the court of public opinion trying to stoke this notion that somehow there is this injustice because of this -- you're not -- donald trump started all of this. donald trump believes -- he started all of this. >> donald trump must believe he gets something out of it. >> maybe he gets a new judge. >> i think he's using this as a ploy to get the judge to recuse himself because as jeffrey mentioned, he has not filed anything and there is no legal pathway for him, based on what he has said that this judge is

biassed based on his heritage. what donald trump should really do is move on from this, let his lawyers handle it, to have his surrogates be responsible for litigating a civil issue in public -- >> can we go to another question here. and that is i believe, in talking to republicans again, if this is a case, that donald trump thought there was some electrical advantage to saying what he said and raising this question and he put it out there to help him win this election and now it's backfired. we're swimming around in a sea of red herring. >> this is what drives main stroo stream republicans up the wall. and a period of tooim where hillary clinton is facing damaging questions about emails in the state daand the questionf

whether he's attacking a judge in racist turmerms. this is not the way any conventional candidate would handle this matter and i think you're seeing the benefits of seeing a slightly unconventional candidate is. >> he raised the race. he raised it purposely and the question of muslims as well. that is his central underlying questions. >> he didn't raise that. he was asked about that. >> he brought up the judge's name at a political rally for one purpose only and that is to bring up the issue of race saying he's being treated poorly by a man of mexican heritage. >> jeff, go ahead. >> carl, again, president kennedy, race has no place in american life or law. i agree, donald trump agrees, unfortunately, a lot of republican establishment folks

are into that and that's not good. >> you're completely reversing. it is donald trump who has brought up -- >> was he in the american left? >> this is the block of the thought process of republican party is the constitution should be color blind, carl and what we've had for decades nonow is politics for umthe left that wants to racialize everything. being counted, etc., etc. >> didn't your candidate bring up the ethnicity of this person? >> and thank goodness he did so we can sit here on cnn and have this conversation. >> that's what you think donald trump was trying to promote? a discussion of racial politics? >> i think that's a very good outcome. >> so, he was actually subtly

commenting on a tradition of the left talking about identity politics? that's what you're actually saying? >> anderson, there's no question i think he backed into the this with the trump university situation but it does bring this up exactly. this has been going on for years. >> let's take a quick break. >> this is an important discussion to have. >> i have certainly thing it is important to know where candidates stand on issues like this. and more from the state of texas, also looking at trump university. trump down plays it. and the reasons why it was dropped are raising questions and a rock star size rally for bernie sanders wi bernie sanders in san francisco. ♪ ♪

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case and says other attorney generals have investigated his case. and drew griffin reports. >> reporter: it was a serious enough investigation that the state of texas attorney general's office was seeking $5.4 million from donald trump and trump universe tattorerse t lawsuits to bay back the texans the school defrauded, which makes this comment seem at the very least completely misleading. >> you know this case was turned down by almost every attorney general from ttexas, florida, many of these states. >> in texas he was part of a full-scale investigation. it alleged trump university violated 12 different texas commercial codes and accused the school and trump himself of

false, misleading and deceptive acts and practices that were unlawful. in fact, these documents obtained by cnn show texas state investigators actually went undercover, inside trump real estate seminars here in texas and found the same patterns and practices that has trump defending his university, lawsuits in california and new york. the pitch. >> success. it's going to happen to you. >> reporter: trump university can turn anyone into a successful real estate investor. the reality, it was all about bait and switch. according to the texas attorney general. the free seminars were really in infomercial for the three-day, $1495 course and it had a primary goal to use more sales tactics to get students to buy the gold elite package for $35

thousand. dozens of students said they didn't learn anything except how to pray upon home owners in financial term oil and to target forclosure properties. and there is this. acknowledgment from donald trump's attorney that trump personally reviewed and approved the course materials. texas state officials felt they had a solid evidence-filled case but just before the settlement meeting, trump lawyers told texas they would completely pull out of the loan star state, never to return and the state's lawsuit was dropped, leaving those texans forced to pursue refur refunds on their own. >> why did the texas attorney general drop their case, why not get money back the texans lost? >> it's the texas governor today and governor greg abbott's a republican, so there's been a lot of allegations this has been

lost because of the republican connection. and he said six years ago he had no say in the decision to drop the trump case and the person who was involved in saying we're going to drop this case said they did it for one reason they had successfully driven trump university out of texas and no one else was go foing to be scad so they had done their job. >> question is will it be bernie sanders's last stand, and hillary clinton just 26 delegates away from clinching the nomination. we'll hear what his supporters are saying ahead. wrely on the us postal service? because when they ship with us, their business becomes our business.

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well, the primary season unlike any other is nearing the finish line. six states vote tomorrow. california, the biggest prize, 475 democratic delegates at stake. hillary clinton, the frontrunner is just 26 delegates short of clinching the nomination. sources say president obama could endorse her by later this week. and senator sanders has not said

he's bowing out and sanders' concert is underway right now in san francisco. gary got there early to talk to supporters. >> reporter: these are true bernie believers. ♪ bernie sanders bring me a dream ♪ >> reporter: sanders supporters lining up as far as the eye can see in san francisco, hours before the candidate himself arrives. >> bernie or bust. >> reporter: but is that bust about to occur? is this bernie sanders's last stand. >> if he doesn't get the nomi e nominee, it will be really depressing. i don't think people will stop fighting the good fight but that will be sad day. >> reporter: sanders refuses to step aside for hillary clinton, despite the fact that she's on the verge to clinch the presumptive nominee. >> i don't want to hear that. but it looks like that could very well happen. >> reporter: how do you feel

about that? >> okay. she's still better than the alternative. >> reporter: but viewpoints like those seem to be the exception among these supporters. >> president obama and vice president biden are likely to support her soon. >> they're friends. i didn't vote for obama because i consider him part of the same click as hillary, the establishment. >> reporter: hillary clinton is named the presumptive nominee, what are you going to do or say? >> she won't be. straight up, dude, she won't be. >> reporter: she's angry and no plans to compromise. >> reporter: the fact is it's really likely going to happen. >> that's your script dude. everybody on the internet, social media, there's all the polling out there and you guys are straight lying. rits arbla

it's a blackout. >> reporter: many say they have a message for democratic party leadership. >> what i say is their days are numbers because they're obviously subverting the will of the people. >> reporter: there is time for the anger to subside. five months ago, the iowa cogishcog i -- caucuses hadn't happened. five months is a long time. but some here swear they will never get over it. if you watch tv on tuesday night and see hillary clinton's name next to the term presumptive democratic presidential nominee, how will that make you feel? >> bad, like doom. i think hillary clinton and donald trump both represent doom. >> it seems like number of the people really believe bernie sanders has a shot at winning the nomination? >> reporter: that's a common sentiment. a lot of people still believe that. for many it's wishful thinking.

they don't know how exactly that will work and others are specific. saying there will be massive superdelegate switch and by the time the convention comes they'll cast their vote for sanders. by the way that's dave matthews behind me. dave matthews will be leading off and then bernie sanders will take the stage. >> her support among super delegates has given her a huge edge among sanders. i mean, they're 100% confident she's going to be the presumptive nominee tomorrow night. any reason to doubt that? >> no. let me show you why. in the pledge delegate count, she's shy of a 300 lead and this is changing by the second. 561 super delegates in now. 47 for senator sanders. we have her up here kissing the

line. shy by 10 delegates but this is chaic changing by the second. and media counts are beginning to put them at or over the line. and with the remaining 600 super delegates, dozens of them, i'm told, have already privately committed to secretary clinton. but they want oo be able to say the voters did it. they expect to win tomorrow. but even if senator sanders were to pull off an upset in new jersey, hillary clinton is across the finish line. they are quite certain. if there is any doubt by 9:00, there will be none when we start counting in new jersey. >> and the young lady in gary's piece saying on the internet there's all these polls, there's a blackout for the mainstream media. is there a path for a comeback

for senator sanders tomorrow? >> there is a path. if senator sanders won them all. we got to tap this here. if he can win them all and this is at 55-45. i'm giving him all six. the clinton campaign thinks it will win new jersey, new mexico and maybe california. they think at least two, maybe three and think sanders will get the dakotas and montana. if sanders won them all, he would still be 220 or so down in the pledged delegate count. he needs 60%, 70% in some of these states. is it possible? maybe up here. california, new mexico and new jersey? probably not. but maybe the super delegates get a case of jitters if he wins all of them. part of this is because of what they're being told by the senator's allies. if this is about democracy, into tomorrow, she's won 29, he's won

21. for senator sanders to create the environment for super delegates to switch, six tomorrow, the final contest in the district of columbia. if he can make this 29-28, if he can get this down to within 100, maybe it will be a case of jitters, but most people think that's quite unlikely, including the president of the united states who's prepared as earl eas wednesday to come out in support of hillary clinton. >> and a bernie sanders surrogate who also ran against hillary clinton for her senate seat in 2006 and a clinton supporter and member of the democratic party. >> i'm not going to -- no. she's not clinching it tomorrow. here's a statement 23rufrom the sanders count. it's a shame in the media they're ignoring the democratic national party's clear statement

that it is wrong, with all due respect to john king who i admire, wrong to count the vote of super delegates before they vote that convention this summer. she does not have and will not have the requisite number of delegates to secure the nomination and i can't fathom why the media is rushing to call it over. >> isn't the president rushing. >> let me tell you two things about the president. people are going to want to vote in california and if the media has already started calling this, that's discouraging people from voting. that's not good for democracy. there's still a -- >> is that silencing the votes of people? >> i think the president should wait until the super delegates and vote at the convention. i understand why he's doing that. but if you look at the facts about when the nomination is -- >> basel. >> i don't know why the

president should wait because the super delegates have actually made up their mind. but it's incumbent upon the sanders' campaign to change their mind. yes, the language, presumptive nominee but the fact of the matter is she's won 3 million more votes, moshe's won more primary states. she has the majority of the delegates and the rules say you add these super delegates which get you to that number and yes, you can go to the convention, do whatever you'd like to do to try to sway some of those delegates one way or another. it's unlikely to happen p. a. frankly, it's important to start early a ground game that gets tuse a place where we can go after donald trump. >> we're all going to be on board of defeating donald trump. basel made a slight adjustment. tomorrow, we can't use the word

clinched. i understand if the media says it's a steep hill but it's not clinche clinched. >> the media saying hillary clinton is overwhelmingly likely is going to discourage people, we would have seen that in april. >> jonathan, come on. senator sanders -- >> let him respond. >> senator sanders a couple weeks ago was raising a cry that they should be getting super delegates have the will of their states, now we're supposed to have them vote any which way they please. i respect senator sanders wants a path forward, but let's not say the press is doing anything than the math. >> they should not use the word clinch because it's not factual. that's what the dnc pf's positi

is. >> hillary clinton gist wrapped up a convention in long beach. and what will bernie sanders's next move be

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the sanders concert and rally on the left, bill clinton speak to speaking on the right. it's the eve of the final super tuesday. what has history shown in terms of when we saw clinton against then candidate obama coming together at the convention. how likely are we going to see a repeat of that at this convention? >> i think that would be the model for a respectful and graceful winding down. i think it's more than the clinton campaign would like to give senator sanders. and you had this show unfold going into the convention and she wanted to have her moment in the sun but you didn't have surrogates for hillary clinton

saying this thing could still go anyway. who knows what could happen to barack obama between now and then. the thing that makes democrats very nervous is senator sanders is just a man of a democratic party. >> do you believe, your candidate trump can actually still pick up sanders ais porters? >> absolutely. every poll shows it. and there's an assumption that if bernie sanders endorses hillary clinton, they're going to come. that's not happening. she didn't clinch anything. a lot can happen between now and the convention. she can be indicted between now and then. more information about the emai. >> is that the subtext of the sanders campaign? >> yes, they think there's a

chance that some news will come out or leaks or whatever, not necessarily an indictment, that will make the super delegates think twice, meanwhile, you have president obama who thinks she is the better candidate, he's going to come out for her and he's the one person who can really help her in this election. he has real credibility, he can pull the party together. sanders is also going to move to hillary if she is the nominee and he's going to help. i cannot imagine he wants to be put in the roll of electing donald trump. i know no one who knows bernie sanders who thinks he's going to campaign with everything he's got to beat donald trump. >> while i respect so many of you on this panel. i think it's disingenuous to hold this issue of indictment over her head like -- >> i said it's very unlikely. >> but the fact we keep talking about it. >> let him respond.

>> the fact we keep talking about it, seems to me all it does is fuel the folks on the right that have basically only promoted this issue as a means to disqualify her instead of talking about her on the substance and the real policies. >> your point, jonathan. >> it's about reporting in journalism. not favoring a candidate. there is a real investigation going on, we don't the results of. we know there are a lot of people in the investigation that might leaking thes. whether they're fair or naurt is something else again. it's part of the dynamic, that's why we're raising it as reporters. >> some bernie supporters will be outraged. buts there is a bigger thing. all the polls show that bernie does much better against donald trump trump.

there's a sense that economics don't work well for other people. and i think just based on the issues, the pitch i would make and i think bernie would make to super delegates has nothing to do with the emails but about the issues. why he's straionger and will brg a better america to the people. >> we have to take a break. coming up e the prosecutor involved in whether the boy's mom will face charges. what he said today. >> everybody back up. every ingredient is the main ingredient. the new green goddess cobb with avocado, bacon, freshly made dressing, tomato... and chicken. at panera. food as it should be.

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could be a missing piece for you. see if you're eligible for 12 months free at mybreo.com. the prosecutor investigating the incident that left a guerilla dead and a boy's family shaken up says the boy's mother will not face charges. the boy fell in the exhibit and was dragged by the guerilla. he said if anyone think as 3-year-old can't scamper off quickly doesn't have kids. a zoo keeper shot q killed horambe. guerilla behavior can obviously ebe unpredictable. and here to learn more.

>> reporter: this is how most guerillas spend their days. sitting quietly, snacking on leaves and berrys. matuba is 31 and weighs more than 400 pounds. >> these are relatively mellow adult male guerilla. they have personalities just like people. some more excitable, some less excitable. >> reporter: he has studied climatolog climatology. we were given an up close look at how they behave. >> it's the male responsible for managing their day to day activities. >> reporter: activity saies tha include play time. >> tackling, wrestling, all the things you would expect to see inned ad lessant humans. >> reporter: they have as many

as 30 different vocalizations, including rumbles if satisfied. compared to other primates, they are quiet but at times can be hostile. >> that whole chest thumping thing but it's with an open hand and they can charge across and usually not make contact with the object of their display. >> reporter: such a colorful display is most often provoked by someone or something else. andy says while guerillas in general may not be aggressive, certain things can set them off, for example, humans use direct eye contact, but for a guerilla, it can be perceived as a threat and they may lash out. still, at the philadelphia zoorks stazoo, staring is all they can do. here visitors get to see the guerillas and their trainers interact. the zoo keeper uses vegetables

as rewards to indice them to get close to get medical treatment, this way they can administer an evacuation through the mesh fence, with the guerilla's chests pushed to the mesh, he can even get a cardiagram. trainers even did an ultrasound on honey a pregnant guerilla. she's learned to press her belly to the fence. this is a picture of the baby guerilla inside her. no question guerillas are smart and like the learn but andy reminds us they are unpredictable. >> predicting what guerillas, us, any wild animal is going to do is not something you can do with a high degree of re reliability. >> andy baker, our expert did tell us that sort of dragging behavior we saw with the guerilla dragging a boy is part

of the guerilla's dramatic display and usually goes along with the chest thumping and they tend to drag branchs into their display when they're responding to something in their environment and pointed out it's typical to see a guerilla and little guerilla wrestling and playing, just like a human dad may do with his son. though, their behavior he admits can be unpredictable. >> thank you very much. we'll be right back. ♪ ♪ i'm getting dark chocolate and a hint of butterscotch.

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that does it for us. thanks for watching. "cnn tonight" with don lemon starts now. >> announcer: this is cnn breaking news. >> the breaking news is hillary clinton and bernie sanders vow to fight for every last vote in tomorrow's primaries despite reports she has reached the magic number to clinch the democratic nomination. this is "cnn tonight." i'm don lemon. this on the day that donald trump doubles down on his criticism of a judge presiding over his trump university case, telling his top surrogate dmz a conference call that he won't apologize and insisting they back him up. democrats having a field day with this. >> trump doesn't want you to pay attention to what this case is revealing. so he is attacking the judge and saying outrageously that the judge, who is