jeffrey toobin, dr. a gupta, thanks for being us with. >> thank you. >>> a quick program note, because this story has so many facets to it, 360 will explore all the angles next week in a special series of reports called "gone to pot 36 0" starting monday night. >>> a banker accused of fraud and embezzlement who reportedly said he was going to kill himself after charges against him came to light, the fbi never bought that and turns out, they were right. we'll have details next. >>> also, ahead, the family of a brain-dead 13-year-old girl wins time in their effort to keep her on a ventilator. the latest in the truly heart wrenching legal battle when 360 continues. [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪ all aboard. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm maki

. >> jeffrey toobin, our legal analyst is here as well. what the letter does, at a minimum, suggests that there's been a total split between david wildstein and the governor, governor chris christie, that they are on different sides of the story because in this political paragraph, his lawyer has written it and he's strongly, strongly alleging that christie lied. >> right. if you recall the famous two-hour press conference, it was basically a two-hour wildstein under the bus.id they were high school classmates. christie wi christie went out of his way to say i was one of the cool kids in high school and david wildstein was a loser and i didn't even know him. what's happening here is the split is now irreconcilable between them. wildstein is apparently in the process of taking considerable revenge and arguing that christie's statements at the news conference were false and, more importantly, saying that he has evidence which suggests text messages, e-mails, evidence that would contradict what christie said and that's the most significant pa

jeffrey toobin and i discussing this throughout the speech. two big things we're waiting to hear, not sure we were satisfied on this. number one, just how much of this material might end up before the fisa court. where will this meta data ultimately be stored and number two, how adversarial is this fisa court going to be? this panel of ombudsmen. will they get to argue or be part of that office where you send your complaint? >> here is an interesting situation, because when an ordinary prosecutor -- when i was an assistant u.s. attorney and wanted a search warrant, i would just go to a magistrate and say, here's the affidavit, we want to search this house. what the president seemed to be suggesting is that the fisa court could become more of an adversarial process, where the government, the nsa, through department of justice, would say, we want to look at this data, and there would be some privacy participant, some committee, some lawyers, and what that role would be, and at what stage in the process is very important. also, what information w

listens to this stuff would believe it's an estate case and -- >> the conversation is not over and jeffrey toobin toobin and ger ra goes show thank you to you both. coming up next, answers to lingering questions in the death of actor paul walker and some of those answers released today. >>> also, proof that inspiration comes in all sizes. and there you have it right there. nine years old, climbing one of the tallest mountains in the world and you're about to meet him. before you settle for another ordinary mattress, isn't it time you discovered the sleep number bed? because only the sleep number bed offers dual air technology that lets two people find the perfect balance of comfort and support for their bodies. their sleep number setting. ok, right there. and only the sleep number bed is clinically proven to relieve back pain and improve sleep quality. oh that feels really good. it's hugging my body. and right now, we're offering our lowest prices of the season. save $300 to $800 on our newest innovations. it's the perfect time for you to try the sleep number bed. plus, take advantage of 18-month

i want to bring in legal analyst jeffrey toobin who is in florida. it's a shocking case. reeves told police he was, quote, in fear of being attacked. he says that the victim threw a bag of popcorn on him. now, the police didn't directly answer whether this could be -- i think the police said they don't think it will be a stand your ground case. i'm not sure whether they've ruled that out. what are your thoughts? >> actually, this just happened and the city and state attorney are going to have to investigate it thoroughly. there's a lot to know, even though this seems like a very brief series of events. undoubtedly there are other events in the theater. there will be people who saw the full exchange. the police officer, the former police officer is 71 years old. they are going to have to look into what sort of -- does he have any sort of criminal record? does he have any health problems, any mental health problems, all of that is going to have to be explored before the authorities decide how he's going to be charged. >> how much time could the former officer be looking at,

let's bring in senior analyst jeffrey toobin.d you ever expect the doj to say that it wasn't going to seek the death pen thaalty in this c? >> it's hard to think of a crime that more qualifies for it than this one. i mean, here you have extensive premedication, obvious intent to kill, multiple deaths, including an 8-year-old boy. this is a case that if you believe in the death penalty seems to cry out for the death penalty even though the defendant is only 19 years old is potentially the junior partner to his brother. i think this is a very good decision. >> does the burden of proof have to be higher for a death penalty case than a case that has a different punishment? will the government have to show something extraordinary? >> it's not that it's a different burden of proof. there will be a guilt phase whether the they prove that they have to prove beyond a reasonable doubt that there are aggravating factors, factors that justify given the death penalty and, of course, his lawyers led by judy clark who was a legendary death pena

let's bring in jake tapper along with senior analyst jeffrey toobin. jake, it appears that christie's senior aide was looped in on the e-mail exchange between these port authority officials about the lane closures. it's unclear if the aide read the e-mail. could this just be the beginning of more to come? >> well, there is still so much that we don't know about why this happened, whether this traffic study was borne from political vendetta, who was responsible, who knew about it. bridget kelly, we haven't heard from her. david wildstein, we haven't heard from him besides his right to not incriminate himself. as these documents indicate, there's much, much more that we don't know. a lot of these documents pose more questions than they answer. >> and jeffrey, let's talk a little bit about that because potentially a lot could still happen to governor christie as far as the legal investigation now under way. >> and i think it's becoming increasingly real. miss kelly, bridget kelly, who is the person who sent the infamous time to stop the traffic in ft. lee

our senior legal analyst jeffrey toobin joins me now. so talk more about this co-intel pro. who don't know. >> co-intel pro was j. edgar hoover's program to infiltrate the anti-war movement in many respects illegally by harassing people, by injecting criminality where it didn't exist. it wasn't directly part of their effort to harass martin luther king but it was part of the same category of fbi behavior that was just clearly illegal. >> and the statute of limitations has run out, which is why some of these people came forward. >> right. they have no exposure to criminal charges anymore. >> obviously the comparison to edward snowden comes up. you have been opposed to what edward snowden has done. how do you see what these people did? what they found out did it just justify the means? >> well, first of all, it's a great story. retro report and betty metsger, certainly my hat's off to them for tracking it down. i don't think what they did is right. good faith is not a defense to crimes. these people were well motivated. but a lot of people are well motivated. abortion opponent

let's bring in our senior legal analyst, jeffrey toobin, to talk about what's going on.ere there. you heard the arguments in court today. historically speaking, this is a very significant case. >> it is. and you could see that in court. there were lots of references to george washington, thomas jefferson, james madison, because the recess appointment power has been used by every president since george washington. but the supreme court has never really addressed how constitutional it really is. and under what circumstances. and you could tell that the court was fascinated by the case. but also a little intimidated by just the scope of the issue before it. >> the specific case you heard arguments about today involves two agencies of the u.s. government. the national labor relations board and the consumer financial protection bureau. talk a little bit about the specifics of the arguments here. >> well, the case is really rooted in the partisan warfare we're so familiar with. because particularly when it comes to the nlrb, national labor relations board, republicans in the s

which is why we like to keep senior legal analyst jeffrey toobin around. >> so the list of gifts weisite louis vuitton shoes, purses, wallet, the list here very fashionable. it is staggering but in and of itself it doesn't prove corruption. >> john, i've read a lot of legal documents. the indictment in this case is the juiciest, riveting, fascinating legal document i've ever read because it does read like these people who spent their lives as the mcdonnells did in the military, in government service, suddenly getting access to all these riches. and they jump in with both hands. but as you point out, it is not illegal under virginia law or even under u.s. law to receive gifts unless you do something in return. and that's the legal controversy at the heart of this case. did governor mcdonnell do anything in response to getting all this money. >> so how do you prove that? the legal term i believe is quid pro quo. >> your latin is very good. the government charges that he the governor and the first lady had a series of meetings promoting star scientific this, dietary supplement company, i

. >> jeffrey toobin, thanks. story. >> people should buy the book. >> thanks to our reporter retro reporter who covered that job. "the ridiculist" is next. we'll be right back. [ male announcer ] this is the story of the little room over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreling down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had the power to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did. in a little dorm room -- 2713. ♪ this magic moment ♪ i have a big meeting when we land, but i am so stuffed up, i can't rest. [ male announcer ] nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka seltzer plus night fights your worst cold symptoms, plus has a decongestant. [ inhales deeply ] oh. what a relief it is. to get our adt security system. and one really big reason. our neighbor's house was broke

with us tonight, jeffrey toobin. margaret hoover. and sunny hostin and david gergen.nas to the key players in the new jersey traffic scandal and one very big name, the chairman of the agency

joining us more is jeffrey toobin.s of the colorado state decision is repeatable in other states. >> well, washington, too. washington state, too. >> there's our answer. >> it's happening there. this is a big american experiment. the states are the laboratories for democracy, they're going to be the laboratories of weed, these two. i think there's a lot of curiosity. if you look at public opinion polls, there is growing sympathy. >> 58%. >> of legalizing it. but you know, it's very complicated. >> right. what's allowed and what's not allowed? people have to be reminded of this. >> in colorado they're working on an alcohol model, that stores, dispensaries will apply for permits from the state. you can only buy a small amount, an ounce or less. obviously children can't buy it. and everybody will watch and see, what about driving? are there going to be accidents in the drunk driving mode? are children going to get it? ks@%quájjuo create social disorder or is it going to create a situation where people who were perceived t

we're going to welcome cnn's legal analyst, jeffrey toobin. it's been one of those weeks in sports and we are going to start with this woman, federal judge anita brody. she shocked the sports world by rejecting the $765 million settlement the nfl reached with its former players over concussions. this has really become the defining issue facing america's favorite sport. this judge is saying $765 million is not enough to cover the problem. >> cte, which is the illness that is at the heart of this problem, can't be diagnosed until people are already dead. so no one knows how many people are affected, and it's -- so you can understand why the judge said this much isn't enough, but how much is? >> one of the reasons i did not get involved originally, is because i've taken care of myself. i never felt any team i played for ever put me in harm's way. i always was taken care of. i felt that doctors watched out for me. i think i had four diagnosed concussions in the nfl. i never took any drugs to put myself back out on the field or anything like that.

joining us now to talk about this are analyst jeffrey toobin. what do you make of this decision to temporarily prevent same-sex marriage in utah? >> you're right, there's no question this was a real setback for the same-sex marriage movement. last week gay people could get married in utah. today they can't. it's as simple as that. plus the way the order is phrased, it will probably be at least months before same-sex marriages can resume because the supreme court's order said the tenth circuit court of appeals, which now has the case, has to completely resolve it before same-sex marriages can resume. given the way it it works, it's likely to be many months before the case is resolved and certainly whichever side loses in the tenth circuit will very likely appeal to the supreme court and that could be a very big test indeed. >> what happens to all the couples who did get married over the past few weeks in utah? will the state of utah recognize those marriages? >> wolf, that's a good question and i don't think there's a clear answer. the attorney g

this will go on for years. >> jeffrey toobin, thank you very much. approximately three million people are enrolled in private plans through obamacare, indicating a jump in enrollment ahead of the march 31st deadline to enroll or face a fine. for the system to function properly, the government estimates 40% of those enrolled must be young and healthy. we're getting new signals from the white house that president obama may attempt to turn around his stalled second-term agenda by turning up the heat on congress before a national tv audience as he fine-tunes his state of the union address. let's go to jim acosta. jim, you're learning about the president ds strategy on tuesday night in a state of the union address? >> reporter: well, wolf, no surprise that the white house is being very tight-lipped about what the president will lay out in his speech but he has been instagraming pictures of the president working on his address with his speechwriter. the president is expected to return to that goal and that's combatting income inequality and administration

your part today, thanks very much for joining us. >> thank you for inviting me. >> and thanks to jeffrey toobin very much for watching. "crossfire" starts right now. >>> tonight on "crossfire," is the u.s. keeping iran from building a nuclear bomb or getting fooled? president obama says -- >> key parts of the program will be rolled back. >> but iran's president just told cnn -- >> we will not accept any limitations. >> who's correct? on the left, stephanie cutter, on the right, newt gingrich. in the crossfire, tom periello and ran sick santorum, a former senator and presidential candidate. is iran fooling itself or the u.s.? tonight on "crossfire." >>> welcome to "crossfire." i'm stephanie cutter on the left. >> i'm newt gingrich on the right. in the "crossfire" tonight, guests with very different views of president obama's foreign policy. here's how i see it. libya is in chaos, syria is in chaos, iraq is descending into chaos, pakistan is a mess, afghanistan is teetering on the edge, and then you have the iranians. within the past two weeks, cnn has record three things that should alarm every

jeffrey toobin, and pamela brown, in the middle of a blizzard near buffalo.n minneapolis, stephanie elam. pame pamela, how cold is it? >> reporter: anderson, it's the kind of cold where your cheeks hurt, your teeth hurt. we're dealing with a trifecta of the cold and the whipping winds and of course, the snow. in fact, this blizzard warning has been effect here in buffalo since last night. it's expected to two through tomorrow morning. there hasn't been a blizzard warning here in buffalo since 1993. despite that, residents here, they're no strangers to winter weather. this is a lot, anderson, that it's a ghost town. you see here around me, there's no cars on the roads. all the businesses are closed. people are heeding those warnings and hunkering down, san diego inside. authorities are saying that's a big reason why they believe there haven't been any big injuries or they haven't seen many cases dealing with frostbite, hypothermia. so far, there haven't been any deaths. it is very dangerous. officials said on one highway, there were 50 stranded cars there, and

>>> when we come back, we'll talk with jeffrey toobin. >>> you heard in the uncle of jahi mcmath. she's been declared brain dead following a tonsillectomy. joining me now is arthur kaplan. welcome to both of you. we've been discussing this before, has anything changed in your opinion of this case, since we last talked about it. >> nothing's changed medically, the chance of her recovering, becoming conscious in anyway showing life is not there, the brain death diagnosis has been confirmed, independent experts. i know the family wishes for a miracle here. and one has to empathize as you were doing with their plight, the fact that she's out of oakland children's, if anything, it may be more difficult to keep her heartbeating on machines. >> has anybody to your knowledge recovered after being declared brain dead? >> i checked this, there have been a couple instances where people were misdiagnosed as brain dead in situations like drowning where it's hard to be sure if it's a young child if they are truly brain dead, in situations where we know someone's gone without oxygen, no one is e

jeffrey toobin, what do you make of this? >> the new america foundation has done a study.a limited amount you can learn if you don't have a security clearance. they were hamstringed by that. but it is true that the new america foundation, as well as president obama's own commission, said that the metadata program was not that valuable. whether that means it should be scrapped or reworked in some way, that's something the president will announce, i think, on friday. his answer to that question. but it is -- it does appear that this is a program very expensive, very intrusive that has not paid the dividends. >> i just hate the idea that nsa is able to gather this information and i'm thinking about the post office, a big government bureaucracy, a ton of mail, e-mail, as it may be and phone messages and so on. the post office can't get the letter to our house. is the government doing anything valuable with this information? i doubt it. >> i think what's fascinating is no matter what one might think of edward snowden is he has had the debate and sparked it worldwide on the para

i'm trying to get ahold of jeffrey toobin.o be extra clear. >>> outrage in new york city over this headline. that's a picture of a millionaire, a hasidic jew whose charred body was found in a dumpster. the headline beside his picture reads, who wouldn't want him dead? they labeled him as a slumlord had had shady business practices. they are demanding an apology saying osama bin laden got better from the "new york post." >> reporter: it was a horrific death stunning them that knew menachem stark. he left work thursday and his family never saw him again. his charred remains discovered in the next county over inside a trash bin. police say he had several injuries. take a look at security video that was taken when stark left work on a very cold and snowy thursday night. if you look closely, police say you can see stark being hustled into a van. we have another piece of video that was taken even before this one. the struggle goes on for at least two minutes. it is unclear how many people are involved. who kidnapped him, why, how di

join us is jeffrey toobin, anna navaro, charles bloke, sunny hostin and mark geragos and dr. sanjay gupta. the medical condition of this fetus, how serious is this? what does this actually mean? >> it sounds very serious. you're talking about deformities of the lower extremity, and also hydrocephalus, which is fluid on the brain. that's serious no matter what the cause is. now, i think one of the things people will ask is, why is -- what has happened to the fetus here? could it have been there was a low oxygenated blood situation for the fetus? the same thing that happened to the brain of the mother affected the placenta as well, or is this a genetic abnormality? we don't know the answer to that. you could find out by doing a genetic test, but regardless to your question, this is a very serious situation. it's not even clear what sort of brain function or other functions this fetus has. >> there's going to be an emergency hearing about this on friday. sunny, all along you said the courts should decide this, because you said you don't believe that the mother would have wanted

with us andrew sullivan, mikayla angela davis and jeffrey toobin. out in the cold, stephanie elam in minneapolis and chad myers in the weather center. stephanie, how cold is it where you are right now. what has it been like? you have been out there for hours. >> it has been a long day out here in the cold. it is negative 15 degrees out here. and it feels more like negative 40 degrees with the wind. we have seen it snow but the snow has been an after thought. you don't think about the snow. it's about the wind and the cold. it was so cold that the governor had the public schools closed and tomorrow is the fourth day in his life he has gone without school. they are used to cold in minnesota. but it was so drastic they didn't want to take any classes. a lot of police out making sure people are in shelters. one thing that was funny is that crime goes down. that's definitely something that happens here, anderson. but what does seem to go up are the domestic disputes because people are caged up in their houses. but there is one shelter here, a salvation a

and joining me is jeffrey toobin. bobby, thank you for joining us.to start with you, the spokesman for children's hospital in oakland. he said it is unfortunate for the schiavo foundation to play on the idea that jahi might come back to life in a highly emotional case. this has a lot of emotional controversial like your sister's case did. why did you decide to get involved with the mcmath family? >> i don't think we are giving the mcmath family any false hopes. all we're saying is that the family should have the right to make the decision to provide jahism with the help to see if she can improve before you make the decision to end her life. and the family should be the one making the decision and not ethics committees and hospital boards. we are seeing it more and more with the ethics committees are making the decisions instead of families when it comes to medical situations particularly when the hospital has a financial interest involved. >> do you think is it the hospital making the decision. three doctors and a judge have declared jahi brain dead.

let's talk about this with cnn legal analyst jeffrey toobin. he's made it abundantly clear in the past that he believes that snowden should be in prison. jeffrey, that's your perspective on him. what sort of deal do you think the justice department may be considering giving snowden a guilty plea. this isn't clemancy that they are putting out there. >> right. the department of justice also has clients. they represent the entire government. think about how angry people at the nsa are about him. the justice department represents the whole government, including the nsa. so if they were to give him some sort of deal that involved probation or immunity, i just can't conceive that the justice department's client, the nsa, would sit still for that. now, that remains a broad array of possible negotiating points but a guilty plea to some sort of prison time would seem indispensable in the deal. >> and snowden seems to suggest, in the answer that he gave to me on the online chat, that the law would have to be changed, extending whistle blower protections t

>>> when we come back, we'll talk with jeffrey toobin. [ male announcer ] research suggests cell healthys a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+. in the nation, we reward safe driving. add vanishing deductible from nationwide insurance and get $100 off your deductible for every year of safe driving. which means you could save... a lot of benjamins. we put members first, because we don't have shareholders. join the nation. ♪ nationwide is on your side ♪ >>> you heard in the uncle of jahi mcmath. she's been declared brain dead following a tonsillectomy. joining me now is arthur kaplan. welcome to both of you. we've been discussing this before, has anything changed in your opinion of this case, since we last talked about it. >> nothing's changed medically, the chance of her recovering, becoming conscious in anyway showing life is not there, the brain death diagnosis has been confirmed, independent experts. i know the family wishes for a mira

i talked to cnn senior legal analyst jeffrey toobin and the aclu's ben wisner, a legal advisor to edwardk that "the new york times" makes the case very powerfully, and i urge your viewers to go to "the new york times" and see it. but i think it boils down to the following. the disclosures that mr. snowden is responsible for vastly improved a much, much needed public debate, both in the united states and around the world, the claims that they caused damage are hugely overblown. he had no alternative but to do it in the way that he did, because the people who were responsible for oversight of the programs already knew about what he reported and hadn't done anything about it. and the law under which he would be prosecuted if he would returned to the united states would not allow him to make a public interest defense, would not allow him to say what i just said, that these disclosures were valuable, that they didn't cause harm, that, in fact, they revealed programs found unconstitutional by open courts. they're basically strict liability offenses under u.s. law. so prosecutors would be able

jeffrey toobin joins me. i don't get it. exempt some organizations that are affiliated, certainly the catholic church, but catholic affiliated organizations and not others and how does this get resolved? its complicated. justice sotomayor didn't stop the implementation of obamacare, for one group there's a stay for a few days until the government can respond. it's not like obamacare is off the books. here's the question, there are religious organizations that discriminate. the catholic church is allowed to hire only catholics as priests, right? that's just -- makes sense. but they are not allowed to say we're not going to install fire escapes in our churches. some rules, they have to follow. some rules, they don't have to follow. the question is, where does this birth control mandate fall? is it like a fire escape in that, tough, you have to apply. >> how far can it spider out? how many organizations out there can say, i'm not going pay for your pill? >> the supreme court is dealing with this question in a very big way in --

drew griffin joins us, as well as jeffrey toobin. drew, the family are suing, they want money and they want more than that. >> they absolutely are filing a claim against the city and asking the city to set this will case for monetary damages. but above all, they want to send out a reminder to all rescuers, check the bodies. don't just assume because a body is laying on the ground that that person is dead. check the pulse, do the triage that they're all trained in. >> jeff, you have a different take on this. look, the firefighters are concerned about a larger catastrophe possibly happening, a larger number of casualties in the triage situation, the plane exploding in a triage situation, they may overlook an individual because they're concerned about greater casualties. >> that's right. and i don't want to diminish this tragedy at all and the loss of this girl and the pain that her parents are going through. but let's be clear. what's happening now is a lawsuit to try to extract millions of dollars from the taxpayers of san francisco,

with us tonight, jeffrey toobin. margaret hoover. and sunny hostin and david gergen. new jersey lawmakers sending out 20 new subpoenas to the key players in the new jersey traffic scandal and one very big name, the chairman of the agency overseeing the george washington bridge. he's the state's former attorney general. dana bash is covering the story and joins us now. so what do you make of these subpoenas? >> reporter: it goes to the heart of chris christie's inner circle. first, names that people are going to be familiar with. bridget anne kelly, the governor's deputy chief of staff. and bill stepien, who is a top political aide. and there are other people who are -- fit that description. kevin o'dowd. he was the governor's chief of staff. he was just appointed to -- or named to be the next attorney general. then there's charlie mckenna, the governor's counsel. and david samson, who is the chairman of the port authority of new york and new jersey, but more importantly in this case, in addition to that, is very, very close confidant of chris christie and has been for

jeffrey toobin, our senior legal analyst, is here. i'm going to make it real simple for you, jeff. really late at the golden globes, and i'm having a really tough time getting the issue straight on these recess appointments. it seems like we have always done it. so what's going on now that this should change. >> well, it is a real manifestation. it's a real example of how the partisan warfare in front of me in congress has had implications for really how the country works and how the constitution is interpreted. and the big issue here is that president obama has nominated people for the national labor relations board, which is what this case is about. but also for other independent agencies for sub cabinet positions and auto those positions are subject to the advice and consent of the senate, according to the constitution. the senate has the right to approve or reject those nominations. but sometimes the senate has not acted. sometimes the senate has simply not voted one way or the other. and what the president has done is what presidents have done since george washington. and geor

digging deeper with legal analyst jeffrey toobin, former prosecutor, mark geragos, criminal defense attorney. jeff, obviously, even though the video doesn't look very chaotic, it is, you know, a chaotic scene. what do you make of this? i mean, i give a lot of leeway always to firefighters and first responders. it's difficult. they are certainly usually very well trained. is it possible they were more concerned about other people on the flight, that there were mass casualties? >> absolutely. you know, look, no one can doubt the horrible pain that this family is going through, and i don't want to minimize that at all, but let's remember how this story is coming out. it's coming out from personal injury lawyers who want to extract a great deal of money from the taxpayers of san francisco. and this is a complicated situation where the chronology is very important, and you know, we're not talking about a traffic accident where there is one body on the floor, and of course, firefighters should check that. we're looking at a situation where firefighters are potentially looking at hundreds of casual

i want to bring in our senior legal analyst jeffrey toobin with presidential historian and reagan biographertimes says snowden has done a great service to the country. do you disagree with that? >> i do disagree with that. look, i'm not going to pretend that this hasn't been a healthy conversation for the country, it has been. but edward snowden went about it the wrong way. he broke the law. dramatically. ex-traffic gently. g flagrantly broke the law. instead of doing the right thing, going to congress, going to the inspector general, he fled to china, hong kong, then russia. two countries where freedom of speech is nonexistent compared to the united states. and i don't think that's something that deserves celebration. i think it deserves prosecution. should there be a plea bargain, that's fine with me, i don't think he needs to spend decades in prison but when you break the law like this, you deserve to pay a price. >> craig you agree with the times and disagree with jeffrey. how do you respond? critics say snowden has damaged important relationships between the was our key allies. >> well,

and jim, first of all, jeffrey toobin and i were talking about this a couple days ago, how ridiculous it is in this country that you can be a married couple one month, and then the next month have it be completely annulled, have your marriage be illegal. i mean, it seems as if the justice department is listening to that argument, and saying, look, we've got to make this right. >> reporter: right. and because of that conflicting situation out in utah, department of justice has decided to weigh in here, and in the last several minutes, department of justice has released a statement from eric holder, the attorney general. there's actually a video message from eric holder, and we hope to bring you that as soon as we can here on cnn. so sort of a remarkable thing that eric holder would do this. but basically, what department of justice is saying is that the federal government will recognize those roughly 1,300 same-sex marriages performed in utah when they had this period essentially when a federal judge last month decided that the utah ban on same-sex marriages was not valid. same-sex mar

joining us now to talk about the growing implications of all this senior legal analyst jeffrey toobin and senior political analyst david gergen. jeff no smoking gun. there's still a lot of questions. is it going to take immunity from say the u.s. attorney for someone like bridget kelly to actually testify? >> absolutely. i think the action here was really going to shift to someone named paul fishman who's probably not a familiar name to most people. he's the u.s. attorney in new jersey. and he's going to have to make the decision, does he give immunity to the two key figures at this point? kelly and wildstein? because they're the ones who can explain what went on here, who ordered this bridge -- these lanes shut down? how did this all happen? documents themselves don't explain themselves by and large. you need human beings to explain what they mean. and they're the key figures. they're the the ones who can say if christie was involved or who's was involved. and it looks like, certainly for wildstein and probably for kelly as well, they're not going to speak unless they get immunity. >

jeffrey toobin joins me with the details. supreme court weighing in on something we had been waiting on, saying, utah, put the brakes on. a federal judge may not have done the right thing? >> well, the appeals process is going to go forward. it will go forward with same-sex marriages banned in utah. same-sex marriage has been legal since a federal district court judge two weeks ago decided that the constitution required utah to allow gay people to get married. the court of appeals for the tenth circuit did not disturb that ruling but just a few minutes ago. the united states supreme court unanimously, all nine justices, said, there should be a stay. this ruling should be on hold while the united states court of appeals decides the case. that could take weeks or months. >> what is it that the supreme court wants the federal court to re-examine. >> the issue here is a really profound one. this is really the big case that a lot of us have been waiting for. >> it seemed kind of simple, jeff. it seemed like the federal judge said,

, because i want to bring in senior political analyst david gergen, also senior legal analyst jeffrey toobin. this committee acted very quickly in getting the subpoenas out. what does that tell you? >> it shows they want to mean business, but in particular, you send out subpoenas so that the recipients know that if they destroy documents at that point, it's obstruction of justice. you want those subpoenas in their hands, so their e-mails, their records, they freeze the situation so that nothing gets destroyed, and that's the hope, i suppose, of the prosecutors, that this way, they can do their best to make sure all the documents are staying in place. >> this is a legislative committee, though, not a court of law, so what kind of powers do they have? >> the most important difference between the u.s. attorney, paul fishman, and the investigating committees is the committees do not have the power to give immunity. so, if david wildstein continues to take the fifth, as i expect he will, they can't do anything about it. bridget kelly, i would be shocked if she did not take the fifth. so, it's rea

i want to bring in senior political analyst david gergen, senior legal analyst jeffrey toobin. committee has acted very quickly in getting these subpoenas out. what does that tell you? >> it said they want to show they mean business. in particular you send out subpoenas so that the recipients know that if they destroy documents at that point it's obstruction of justice. you want those subpoena in their hands so their e-mails, their records, they freeze the situation so that nothing gets destroyed. and that's the hope, i suppose, of the prosecutors that this way they can do their best to make sure all the documents are in place. >> this is a legislative committee, though, not a court of law. so what kind of powers do they have? >> the most important difference between the u.s. attorney, paul fishman, and the investigating committees is the committees do not have the power to give immunity. so if david wildstein continues to take the fifth as i expect he will, they can't do anything about it. bridget kelly, i would be shocked if she did not take the fifth. so it's really going to