to simplify your experiences with us. now with instant text and email updates you'll always be up to date. you can easily add premium channels so you don't miss your favorite show. and with just a single word, find all the answers you're looking for. because getting what you need should be simple, fast, and easy. download the xfinity my account app or go online today. i'm michael smerkonish in philadelphia, we welcome viewers in the united states and around the world in pensacola last night, president trump made clear his vote in tuesday's alabama senate election. >> get out and vote for roy

moore. >> one closely watched factor in the battle for jeff sessions' old seat is whether voters believe or care if roy moore assaulted a 14-year-old when he was in his 30s. can opponent doug jones score an upset? on a related note. al franken announces he's resigning from the senate, not right away. but in the coming weeks. so is this really the world, or has franken left the door open? plus the fbi is fighting to maintain something that has always been sacrosanct, its reputation. the agency's top critic is the president, after a top fbi agent let go from the mueller team last summer, reportedly sent anti-trump text messages and softened comey's statement on hillary's emails. and the president and others attacked the not guilty verdict of an undocumented immigrant in the death of kate steinle. but one of the alternate jurors

said the jury did its duty. if you cheered the termination of someone in the arts, caught up in the reckoning over sexual harassment, should you no longer watch, listen or enjoy their past work? tweet and facebook me on that. for later in the program. but first, for those voting in the alabama senate race on tuesday, and wondering whether they might be voting for someone who as an adult fondled the genitals of an underage girl, i think i can distill the concerns over roy moore's past into a single question -- is it reasonable to conclude that moore, at age 32, assaulted a 14-year-old given evidence of his involvement with other slightly older teenaged girls? my answer is yes. and despite our politically polarizing world, i'm relying on critical thinking. i think a person's custom and practice tell us a great deal. first, here's my baseline. just about the only thing we know for sure, moore was 38 when he married his wife, kayla

kaiser, then aged 24. nothing illegal, maybe an eyebrow-raiser at best. the older that men get, the greater the past they seem to acquire from society for dating women their junior. but still it tells us about his tastes. at least in one case. now there are several women who have told similar stories to the "washington post." wendy miller was 14 and working as a santa's helper at the gads den mall when she said moore in his early 30s, first took an interest in her and 16 when he asked her out. gloria thacker was 16 and moore was 32 when she said they met at a mall where she worked for a jeweler and they began dating. debbie wessen gibson saved her high school scrapbook, doulting after she met moore as a speaker in her high school civics class, he accompanied her to her high school graduation. she wrote a hand notation

reading "3-4-81. roy s. moore and i went out for the first time. we went out to eat at catfish cabin at albertville. i had a great time." she was 17, he was 34. butt it all together. when moore was 38, he married a 24-year-old. when he was with a in his early 30s, he asked out a 16-year-old. when he was 32, he dated an 18-year-old. when he was 34, he dated a 17-year-old. finally, most importantly, this brings us to lee corfman. who was just 14 years old, two years below alabama's age of consent, when she claims she met 32-year-old moore, at the etiwah county courthouse where he was an assistant district attorney. korfman was accompanying her mother. moore offered to watch korfman, obtained her telephone number

and soon after, drove her 30 minutes to his home in the woods and allegedly touched her inappropriately while guiding her hand to do likewise. two friends told the "washington post" she reported her involvement with moore at the time. now when sean hannity asked moore on his radio program about dated teenaged girls, the best the former judge could muster was that it would have been out of my customary behavior. moore recently on the campaign trail, has taken to saying, i don't know any of these women. but clearly, he does. and just one more thing. as noted by kyle whittmeyer for al.com in moore's book, "so help me god" he tells the story of meeting his wife at a christmas party when he was 37 and she was 23. quote many years before i had attended a dance recital at gadsden state junior college. i remembered one of the special dances performed by a young woman whose first and last names began with the letter k. it was something i had never

forgotten. could that young woman have been kayla kisor? he said that long after, he determined he had indeed, she had indeed performed a special dance recital years before in gadsden. in a radio interview this year, moore said the recital was about eight years prior to their formal meeting. that means she would have been either 15 or 16. ironically, in a court of law, a judge might rule much of this inadmissible, because it's too prejudicial. it's too damning. and i'm not even including gloria allred's client with the yearbook. but if you look at all the evidence and assess it by the legal standards of proof, either by a preponderance of the evidence, meaning more likely than not, or clear and convincing evidence, a jury would likely believe that when moore was 32, he was with a 14-year-old. now, with all eyes of the nation focused on tuesday's special election pitting moore

against democrat doug jones, let's get a view from the ground. joining me now former alabama gop chair, marty connors. marty, from afar it seems like this race is a referendum on whether you believe the accusers. but what's it look like from the state of alabama? >> well, you can, you can honestly assess that the circus is definitely in town. we've had gloria allred here twice, so i think you know what that means. but generally speaking, there's three variables. black vote, will that be intense? will the democrats succeed? in suppressing suburban republican votes? and frankly, will rural voters backlash at the lectures they're getting from washington and some of the media. people in the south and western states expect to get preached at on sunday mornings, but not by jimmy kimmel on late-night television. >> but how about the way in which i just laid out the public

record of the accusers? that's not lecturing, right? that's a pretty balanced analysis of exactly -- >> no, no. >> let me just finish this question. yours is a pretty conventional h analysis, viewing this race by constituencies. but the elephant in the room at least if afar is, do you believe these women? or do you believe judge moore? i guess what i'm trying to understand is, is that what the race will come down to? or not necessarily? >> i think the race will come largely down to that. but there's also a couple of things that you don't see on the national media. for example, gloria all red has had this yearbook they've altered it and they won't subject it to a forensic study. this whole gadsden mall thing has been repeated and repeated and repeated, yet the manager of

the mall at that very time says he doesn't remember roy on any list. as a matter of fact, the manager of that same kbmpb adsden mall said, i'm going to vote for roy moore. you will not see that on jimmy fallon's show. >> you noticed that i left out gloria allred's client. why muddy the water of this. my own opinion is, that whatever notation she added, she should have revealed much sooner in time. doesn't necessarily mean that's not his signature. put that aside. what about all other accounts? it does tend to present a custom and practice for the man. >> let me use your very word. the word is custom. you can say what you want to say in the accusations that may or may not have occurred. 30, 40 years ago. what's happened since? i mean normally, people of this behavior repeat themselves. i can't see any evidence of that in the last 35 years. >> question for you. the franken resignation.

do you think that that will factor into the thinking of alabama voters in so far as they might go into a voting booth saying, you know, the democrats are cleaning house. how can we justify that franken is out, and we're about to seat roy moore, given the cloud that surrounds him? >> i don't think it's going to have a factor at all. first of all, al franken didn't say he's out. he's sort of treading water. i thought it was particularly funny when he said, i want to be investigated by the ethics, senate ethics committee. the last time a sitting senator was thrown out of the senate? 155 years ago. so if i was franken, i, too, would want the senate to investigate me. >> let me ask you a question in your role as a party man. because you're a former state chair. does it occur to you that maybe the worst thing that happens nationally for republicans is that roy moore wins on tuesday because then in the mid-term

election in 2018, the democrats are going to saddle him with every republican across the country? >> yeah. i expect that will come out of the mouth of every democrat who opposes a republican. of course, and the answer is pretty quite simple. i'm not running for the senate in the state of alabama. and here's my set of issues. next question, please. it's really that simple. and we've had other controversial candidates who didn't win. and they, too, were hung around the next of republican senate and house members. it didn't seem to matter. we still have a majority of. >> final question, does he win or lose on tuesday? >> my bet is, in vegas, odds makers are still saying roy has the edge. i'm going to guess plus four. but i still have to wade through those final variables. i think if suburban voters are not brow-beat noon staying at home, roy moore should be the winner. >> marty, thank you, appreciate your analysis. >> thank you.

>> what are your thoughts? tweet me @smerkonish. i'll read some comments live during the program. katherine, what do you have? from facebook. that is not evidence. i would not doubt that he did it. but the fact that he was with other young girls does not mean he was with a 14-year-old. i can't stand moore, i think he is a nut. but showing a propensity to go after other young women does not mean he was with this particular girl. we will see. brad, you may be correct. but i wanted to show a pattern of his interests in teenaged girls at a time when he was in his 30s. one more quickly, if we can. smerkonish, the only thing we can be sure of is that you are a liberal pushing their agenda. really, linda? watch the entire program and see if that's your conclusion by the end. because there's a lot more to come. be sure to tune in to cnn tuesday night. election coverage begins at 5:00 p.m. eastern. the polls close at 8:00 p.m. eastern. and still to come, with news that an fbi agent who had been part of the clinton email and

mueller probes seemed to have an anti-trump bias, the president tweeted that his own fbi is in tatters. what harm might this spat due to the fbi's reputation? and following charges of sexual impropriety, al franken stepped down from the senate this week. but i think that his speech left his foot in the door. and i'll explain. - [narrator] imagine a shirt that actually makes you feel better. introducing tommie copper's all new shoulder centric posture shirt. they're biggest breakthrough yet. advanced engineering promotes healthy posture

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♪ get up to $400 towards a galaxy note8 or s8 with qualifying trade-in. only on samsung.com i am announcing that in the coming weeks i will be resigning as a member of the united states senate. >> in the coming weeks, that was one of just many aspects of senator al franken's resignation speech that struck me as unusual. if you listen carefully, he kept

his foot ever so slightly wedged in the door. in fact, if instead senator franken had been making a speech and announcing he was staying and fighting instead of stepping down, he would have had to have changed maybe one sentence in the speech? there was no admission there was no contrition and who announces they're resigning in the coming weeks? if you've done something so egregious that you're resigning your job, you head for the door immediately. in fact that's what trent franks did yesterday. and that's not what al franken is doing. he was trying to thread the needle. of refusing to admit charges of his accusers, while not antagonizing them further. franken's hand was forced by female democratic colleagues led by new york's kirsten gillibrand who perhaps had their eyes on tuesday's special senate election in alabama and wanted to establish the moral high ground by ridding washington of

conyers and franken before alabama voters cast their judgment on roy moore. franken walked the plank but he never admitted wrongdoing. he said he had been anticipating an opportunity to defend himself before the senate ethics committee. >> some of the allegations against me are simply not true. others i remember very differently. i said at the outset that the ethics committee was the right venue for these allegations to be heard. and investigated, and evaluated on their merits. that i was prepared to cooperate fully and that i was confident in the outcome. >> don't misunderstand -- i am not saying that franken is staying. if he leaves in a week or a month it won't diminish my observation. i am saying when he spoke on thursday, he sought to leave open the possibility that after tuesday's vote there might be

some rethinking among his colleagues, perhaps with moore getting elected, where franken would then say hey, here's a guy against whom credible evidence exists that he assaulted a 14-year-old and he's about to be seated in the u.s. senate, but i have to pack my bags? that doesn't seem right, he'll think. joining me now, someone who was on cnn's "new day" with me yesterday morning and called my analysis crazy. minnesota public radio host kerry miller. okay, kerry, i've invited you to explain "crazy." why do you think he said in a couple of weeks? >> you know, michael, when i hear you explain all this, i think you're trying to have it all ways. i mean you're saying -- don't get me wrong, i don't think he's staying, but i'm not convinced he's leaving. and i'm also going to say here that somebody better tell minnesota governor mark dayton what's going on here. if franken has his fingers and toes crossed. because governor dayton is

spending the weekend thinking about who's going to replace senator franken. so i think it's a done deal, i'm not sure why you're going around saying that you think it's not a done deal. but everybody here in minnesota, at least the political leaders are proceeding as if it is a done deal. so i think if senator frank won change his mind on wednesday morning, it would be, it would be a complete shock. and i don't think anybody is expecting that. >> i don't think he changes his mind. i don't think he changes his mind. i think he's tried to leave the foot in the door so if there's -- look, he's leaving with a gun to his head. which was set by female democratic colleagues in the senate. i don't think he's leaving of his own volition. this is a guy who in that statement acknowledged no wrongdoing. and to the extent that your governor is quickly going to make an appointment known, i'll just finish this thought, to the extent that your governor is quickly going -- it's because your governor wants to slam the door shut. because your governor is not on

board with senator franken. you get the floor. >> no, no, governor dayton is proceeding because he is taking senator franken at his word. as most people are. you being the exception. governor dayton doesn't want to leave minnesota unrepresented in the united states senate. he's also aware that whoever he's going to appoint needs a few weeks to you know, get to washington and get prepared. everybody in the political class here in minnesota, i think is acting like senator franken meant what he said. and as i said to you yesterday on "new day," i take senator franken at his word. i hear what you're saying. his reluctance is obvious. it's clear that he does not want to be leaving. and that he feels in some ways maneuvered into leaving. but he's a grown man, and he got on the floor of the u.s. senate and he made this decision and he expressed that decision. and, i just simply think it's

kind of absurd to think that on wednesday he's going to say -- you know what, i've thought about it this roy moore one and now i'm not going to do it. >>dy not say that. i did not say that. >> that's not what you're saying. >> i couldn't be more crystal clear. >> what is your theory? >> let me ask you -- >> i don't think so. i'm confused about your theory. >> my question is, this is a guy who wants to keep his job. so let me ask you, the very first question i asked, which is this -- why did he say "i'll leave in a couple of weeks" if it's not his angle to leave his foot in the door? why "a couple of weeks"? >> you are correct that congressman franks resigned and left. i think senator franken is going to wrap up his business in washington by the end of the year. and i think that that's the timeline that he's given governor mark dayton to name somebody and have that person get prepared to step in. that's what -- i don't think

there's anything underlying the "i'll do this in a couple weeks" other than, it's a timeline that allows a replacement to get settled. and senator franken to pack things up and leave washington. i don't hear anything -- >> yesterday a guy in the house of representatives said he's resigning and he did it the conventional way -- >> anything nefarious. >> i'm not saying nefarious. there's no acknowledgement of wrongdoing and a couple of weeks. and the way in which he was forced to walk the plank. mine is only analysis that he'd like to stay and he's hoping that there will be requests made that he can do so. thank you so much for being here. i appreciate your point of view, even if i disagree with it. thank you. >> and i disagree with you. thank you. >> let's see what you are saying about this via facebook and twitter. michael, you're absolutely correct. really? i'm not crazy? i think it is genius of franken to do it this way. it is the only thing that makes sense. really why should franken leave

if moore gets seated? nathalie, i think that's what's going through his mind. there's no other explanation. the guy yesterday, franks, who is leaving the house of representatives, what did he do? i'm out of here -- and boom, he's gone like the wind. that's not what senator franken did. i'm not endorsing it. i'm not criticizing it. i'm analyzing it. he'd like to stay and he feels like he's been forced out the door, maneuvered to quote my guest. up ahead -- what harm comes when the fbi's reputation is subject to the political divide? the president on the attack against the bureau after the demotion of the agent who led the investigation into hillary clinton's private email server, and had been the fbi's lead investigator in the mueller probe. >> this is a rigged -- this is a rigged system. this is a sick system from the inside. the ceramides in cerave. they help restore my natural barrier, so i can lock in moisture

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reputation of the federal bureau of investigation that the mere threat of there being a federal investigation has quelled unrest and restored order. but those days might be over. this week we learned some troubling facts about fbi agent peter struck who led the fbi investigation into hillary clinton's private email server and who was for a time a lead investigator in the mueller probe. struck was revealed to have sent anti-trump texts to his mistress. he also changed the wording in then-fbi director james comey's criticism of clinton's email from grossly negligent to extremely careless. that caused president trump to tweet about the struck story, suggesting both the flynn and clinton investigations, have been tainted by bias, after years of comey, with the phony and dishonest clinton investigation and more running the fbi, its reputation is in tatters. but fear not, we will bring it back to greatness.

another report, anti-trump fbi agent led clinton email probe, now it all starts to make sense. the department of justice's inspector general is conducting an investigation of the fbi's handling of the clinton email case. has the fbi's reputation been damaged? and will peter struck's conduct harm the mueller investigation? joining me is tom fuentes, you know that tom spent 30 years in the fbi. four of them as assistant director. he was also a member of interpol's senior committee. i know you worry about the simmage of the fbi and the harm that might be done in all of this to its reputation. explain. >> well michael when the president puts out a tweet referring to the reputation of the fbi in tatters, that's not just bad pr for the organization, and when he puts out a tweet about some movie star, that's fine. but these kind of comments about the fbi can be out and out dangerous. during my experience running the fbi's organized crime program.

my last five years in the bureau running its international program and as you mentioned on the executive committee of interpol. i saw firsthand all the time where the bureau's reputation helped in serious cases. whether it was terrorism, organized crime, financial crimes, because people trusted the fbi. they trusted it to be honest. trusted it to be thorough. and efficient and effective. you mentioned unrest. that's exactly true. cases like ferguson, baltimore, charlotte. when there's rioting going on, when buildings are being set on fire and police officers are being barraged with rocks and bottles, what quells the riot in the community is the knowledge that the fbi has opened a civil rights investigation and they are on their way to investigate what started from normally, a police officer-involved shooting of a member of the minority community so these situations matter. that the fbi has the highest regard from the members of the american public and worldwide

from our partners you know that help us everywhere on all of these cases. not just terrorism. but other major criminal events. >> i totally get that and understand based on your analysis, how therefore, the president's criticism of the fbi might impact the very granular nature of the fbi's mission. but that criticism also applies, i imagine to fbi agent struck, because by texting a paramour, in criticism of donald trump while he's investigating donald trump that blows the reputation of that investigation, to some extent, doesn't it? >> absolutely. it absolutely does. and i think the shame of this whole thing is, that the whole fbi is taking the blame for where i think the blame lies is with director comey. and his immediate staff around him. the deputy director, andrew mccabe should have recused himself when his wife took hundreds of thousands of dollars for her democratic political campaign in the state of

virginia. and struck unquestionably should not have been involved in this investigation. and if he was, not be expressing any public opinions like this. that he was anti-trunk or pro hillary clinton or any of that type of bias. we don't want biased investigators. and for my experience, the biases have not affected many, many investigations, they're conducted with integrity and honesty and thoroughness. and it realry makes no difference which party is in power. ten years ago, we had the fbi basically taking on scooter libby, working for the vice president of the united states, while the republicans were in power during the bush administration. so this fbi, and i've had questions about well, the fbi is pro republican. no, they put republicans in prison, they convicted scooter libby. convicted several other likely lobbyists, abramov. so these investigations are not

conducted with bias, they're conducted strongly. and in this situation where bias is shown, it should be severely dealt with. now on the other side, during the director ray testimony, he was repeatedly asked about what's going on with you know, what happened in the clinton case, what happened with agent strok being put in these positions to rewrite speeches and conduct interviews of key subjects and all of that. that's true. but it's again, this is a circle right around director comey. and that's where the responsibility, i think, lies. he was also asked questions about why did special counsel mueller pick this person or that person? those questions belong directed at either comey or director mueller. and they're all the subject of, not all of them, but at least during the clinton email investigations, those are the subject of inspector general investigations, which the fbi and the department of justice have no control over. the fbi would like those

investigations conducted quickly, and make the recommendations of discipline. if it's appropriate, and director ray said he would mete out discipline where it's shown to be appropriate in those cases. but they need to be handled and handled quickly. and again you can go back to other cases where there were serious allegations made against an fbi person who went to jail or was immediately fired or discipline was meted out. so i am not covering for the fbi or for strock. >> i don't think you cover for anybody. i wanted the no bs dispassionate analysis and you gave it to me. tom fuentes, thank you for that. >> thank you, michael. let's check in on your facebook and twitter comments what do we have? from tweet, any agency can be compromised by a few. trump is absolutely right. hey, jay, nobody here is defending not tom fuentes and

certainly not yours truly, an fbi involved involved in an investigation criticizing to his mistress, the subject of a probe in that's outrageous and i get tom's worry about the harm to the reputation of the fbi that could flow from all of this, it's terrible and it will come back to haunt us. one more quickly. smerkonish, the fact that trump would throw our fbi under the bus, not only shows his guilt but also that he's unpatriotic. sophia, look, if you're going to be a snitch for the fbi, you're doing that because you respect the fbi and you feel like you'll be safe in the hands of the fbi. and comments about the fbi's reputation being in tatters, that doesn't help any of us as americans. by the same token, an fbi agent who speaks out of turn while he's doing an investigation? needs to go. still to come and you can tweet me your thoughts in advance on this one -- with the revelations that so many famed creative people are accused of sexual misconduct, should we never again watch or enjoy their

work? and there was a lot of outrage over the acquittal of the undocumented immigrants who discharged a gun that killed an innocent woman, kate steinle. i'm about to talk to one of the alternate jurors in the case who says justice was served. non-insulin victoza® lowers a1c, and now reduces cardiovascular risk. victoza® lowers my a1c and blood sugar better than the leading branded pill. (avo) and for people with type 2 diabetes treating cardiovascular disease, victoza® is now approved to lower the risk of major cardiovascular events such as heart attack, stroke, or death. and while it isn't for weight loss, victoza® may help you lose some weight. (avo) victoza® is not for people with type 1 diabetes or diabetic ketoacidosis. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and get medical help right away

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jose inez garcia zarrate who was an illegal immigrant, caused a gun to be fired and the bullet killed an innocent kate steinle. yet last week the jury exonerated the defendant of murder charges, leading to an outcry from the president and many on the right but what's the view from the jury box? my next guest was an alternate juror on the case. he says the jury made the right call given the case the way it was presented. joining me is phil van stockham, who had is a mechanical engineer. i saw the case up close, the jury didn't botch it phil, you didn't get to vote but you saw all the evidence, you heard the jury instructions and you chatted with your colleagues when it was all over. true? >> true. >> let me tick through some of the aspects of this case. first of all we often hear that this guy was deported five times. but that's not what this was about. that wasn't even in the purview of the jury, correct?

>> that's correct. we were told at the beginning of the trial by the judge that immigration was not an issue in this trial and did not come up as part of the evidence during the five weeks that we were there. >> she was killed by a ricochet. what does that tell us? >> i think that says something about the state of mind of the defendant. it was actually a very bad ricochet. it hit the ground 12 feet in front of him and traveled another 78 feet to kate steinle. i think that's good evidence that he did not intend to kill her and maybe didn't intend to kill anyone. >> was the gun his? >> no. >> so how did he happen upon that weapon? and what is your conclusion as to how the critical events transpired? >> the defense claims that he found that weapon at his seat on the pier, possibly wrapped in some kind of fabric. picked it up out of curiosity and accidentally caused it to fire i. not sure quite what i think. unfortunately in this case we don't have enough evidence about that to really know what happened. and we have a presumption of innocence, so the jury has to go

with a version of the events that is consistent with the evidence. that is in favor of the defendant in that case. >> he was charged with first-degree murder and the lesser charge, which included offenses of second-degree murder and involuntarily manslaughter. let's focus only on the murder charges. why did the jury believe the criteria were not met? >> the murder charges require a specific type of intent. for first-degree, it's must be delivered and premeditated. for second-degree murder, he must have had malice afore thought which means he intentionally did something extremely dangerous or intended to kill someone and because of the ricochet and a few other pieces of evidence and a general lack of evidence that showed his state of mind, including direct witnesses of him holding the gun or shooting the gun, it's very hard to prove beyond a reasonable doubt that he had that intent. >> okay. so lacking intent, the jury could not conclude on the murder charges. but of course, the manslaughter conviction was not successful,

either. why not? >> i think that's surprising to many people. manslaughter does seem like an appropriate charge for this case. the jury was unable to convict on manslaughter because the prosecution chose to include the crime of brandishing a weapon as a precursor and a requirement for that charge. they had to choose some crime that had been committed during the act that caused death and they chose brandishing of the weapon. no evidence of brandishing was presented during the trial. so i don't see how the jury could have found him guilty beyond a reasonable doubt with that part of that crime. so therefore not be able it convict him on the manslaughter charge. >> what you're describing in the aggregate is a methodical process whereby the jurors went through, as they're supposed to do, charged with doing, each of the elements of the crimes with which this guy was charged and seeing whether they're met. they weren't met with regard to murder because there was no intent that was offered. and now with regard to manslaughter, you're saying that during the course of the closing arguments, i think, you hear the

word brandishing for the first time and that wasn't proven as an element of manslaughter. >> that's right. and i should point out that the jury's job is not to do the thing that they think is right. their job is to rule according to the law as it's given to them. as it was given to them, think they made the right call. >> so final comment, you know that this gets cast in the oh, those folks in san francisco, all those liberals, they let this guy walk. and he murdered kate steinle, and it sounds outrageous. your response is what? >> my response is that i hope anyone in the country would have acted the way that these jurors did. i think they did an excellent job of setting aside any biases or preconceived notions that they had and ruled according to the evidence and the law as it was presented in the courtroom. >> and phil, i recommend that people read what you published, via politico. i'll tweet it out during the upcoming break because i think it lays it out in more time than we have to dedicate to it. but thank you so much for being here. >> thanks for having me.

>> let's check in on facebook and twitter. it's not tough. it's not easy, you get a jury notice, these people go and they stand up and they fulfill their responsibility and the outsiders all glom on like oh, you blew it. i hate to say it, but in this case the prosecutor really messed up in this case. he should have tried for manslaughter. well, deeba, manslaughter was a possibility. but they didn't meet the element of a crime being committed in the act that caused the death by saying that that crime was brandishing. i looked at this and i come to the same conclusion. the way in which it was prosecuted is subject i think to reasonable criticism. but you don't hear anybody say that you know why? because that's not a good sound bite. up next -- and you can tweet me your thoughts on this baby in advance -- now that we're having this global conversation about sexual harassment and assault, is it okay for all of us to enjoy the work of those accused? can i still watch "house of cards." ? can i listen to the metropolitan opera?

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in this era of reckoning with regard to sexual impropriety and sex ra harassment, what is our responsibility as consumers? every day, the arts s.e.c.s are filled with new allegations of bad behavior of cultural icon, dustin hoffman allegedly groping a broadway costar to james lavine's alleged relationship with an underaged boy. if i listen to an old roecordin of the met or rewatch tootsie, am i comply sit?

can we enjoy the fruits of the labors of those now under a cloud of suspicious? these are not new questions. we've lived through troubling news about michael jackson, pab b low pi casso was notorious, but the e recent cavalcade of exposes has the potential to taint a wide spectrum of artistic endeavor, so i find myself wrestling with so many questions. can i still enjoy transparent when we're not really sure about the accusations concerning jeffrey tambor? am i damned if i listen to a bill o'reilly podcast? if i watch house of cards? can can i no longer rely on mark halperin's book, game change, about the 2008 election? if we say these people should no longer be allowed to work in their respective fields, would we be hypocritical to still especially joy their past work

without conscious? can i still watch entourage reruns? watch arrow supergirl or the flash? what about pixar movies? all the weinstein movies? people in the public eye tend to be larger than life by definition, but when we heard the sord it details, what does it mean for our past relationships to their work? i'm having trouble making up my mind. i hold my radio website. if you approve of the professional termination of an individual on sexual misconduct charges, should you no longer watch or listen to their past work? still listening and watching? 68% no longer listening or watching. 32% or that's what they say. your thoughts welcome. we'll keep this conversation going on my facebook page. quickly, hit me with one or two. how can you watch a performance objectively without thinking of that perp's actions?

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we fight for what we want. even for the things that were once a given. going to college... buying a home... and not being in debt for it for the rest of our lives. but we're only as strong as our community. who inspires and pushes us to go further than we could ever go alone. sofi. get there sooner. top of the hour. you're live in the cnn newsroom. i hope your weekend is going well. all eyes are on alabama right now in the hotly contest ed senate race there. just three days to go until the election and tonight, some big national names had descended on the state. doug jones is focusing this weekend on turning out the african-american vote. and he just held a