and in gerstein too. it's just a label to, in a sense, distinguish this case from detention without legal process. >> let me give you a hypothetical. that's actually close to this case. officer fabricates evidence in order to arrest and book the defendant. then there's a gerstein hearing within 48 hours. evidence is still fabricated, same fabricated evidence is introduced. he's held for three months. then there's a pretrial suppression hearing. the evidence is still fabricated and he's still held for two more months. then there's a trial, evidence is still fabricated and he's convicted and held for six more months. then there's an appeal field and then suddenly they find out the evidence is fabricated and the charges are dismissed. fourth amendment violation for the entire detention? >> no, we would say the fourth amendment at least based on your case is the fourth amendment claim ends at conviction and then there can be a due process claim or whatever. >> why is the trial and conviction any different tha

then, there is a gerstein hearing within 48 hours. evidence is still fabricated, same fabricated evidence is introduced. he is held for three months. then there is a pre-trial suppression hearing. fabricated, and he is still held for two more months. then there is a trial. evidence is fabricated and he is convicted and held for six more months and then there is an appeal filed. suddenly, they find out the evidence is fabricated and evidence is dismissed. the fourth amendment is still a problem? >> we would say the fourth amendment claim ends at conviction and then the due process claim or whatever. >> why is the trial on conviction any different than the gerstein hearing? they are both a legal process. there is an inquiry. why is it that the fourth amendment applies after the gerstein hearing but not after the conviction? >> one reason is that the gerstein hearing is a nonadversarial hearing. it would be a grand jury proceeding. a conviction in a sense presumes that you were held with probable cause, and then you really have a due pro

and in gerstein too. it's just a label to, in a sense, distinguish this case from detention without legal process. >> let me give you a hypothetical. that's actually close to this case. officer fabricates evidence in order to arrest and book the defendant. then there's a gerstein hearing within 48 hours. evidence is still fabricated, same fabricated evidence is introduced. he's held for three months. then there's a pretrial suppression hearing. the evidence is still fabricated and he's still held for two more months. then there's a trial, evidence is still fabricated and he's convicted and held for six more months. then there's an appeal field and then suddenly they find out the evidence is fabricated and the charges are dismissed. fourth amendment violation for the entire detention? >> no, we would say the fourth amendment at least based on your case is the fourth amendment claim ends at conviction and then there can be a due process claim or whatever. >> why is the trial and conviction any different tha

michael schmidt, josh gerstein, we thank you. >> thank you, judy.whrmplegh >> woodruff: and now for a closer look at director comey's decisions and some of the behind the scenes at the f.b.i., we turn to peter zeidenberg, an attorney and partner at arent fox, he spent 17 years at the justice department as a federal prosecutor. he's also joined 100 others in an open letter critical of comey's actions. and daniel richman, professor at columbia law school, he's a former federal prosecutor, and current policy advisor to director comey. and we welcome both of you to the program. daniel richman, starting with you. as we have been discussing, there is a lot of criticism directed at director comey for what he did friday. what do you know about what motivated him and whether this was a result of criticism from the f.b.i. or something else? >> i think this is less about criticism from anybody and more about protecting the credibility of the organization and of his own credibility with congress. here we had him having made statements about the completion of th

larry gerstein, thank you much. >>> much more today in the bay.rancisco make the day of a special polar bear at the zoo. >>> beautiful sky over walnut creek right now. 49 degrees and we should be clearing out for a very nice sunday ahead. plus, a look at what you can expect for the super moon coming up in just a little bit. denny's knows the holidays should be shared with friends and family. except denny's all-new holiday pancakes. you won't want to share those with anybody. denny's new fluffier, tastier, better pancakes now in holiday flavors. >>> good morning, bay area. if you're just now waking up and maybe pouring yourself a cup of coffee or maybe tea if you prefer. a nice, cool start. patchy fog clearing out already and still seeing the cloud cover near the peninsula and 56 degrees. tri-valley at about 49 and out near the south bay, we're talking 54 degrees. san francisco still seeing those overcast skies. we did see some pretty dense fog early on in the day and overall in the day we are expecting to clear out and some sunshine and not a lot

we will get it from karen alexis josh gerstein, simendinger and manu raju. >> award-winning reporting and analysis, covering history as it happens, live from our nation's capital this is "washington week" with gwen ifill. funding is provided by -- > x q institute. >> additional funding is provided by boeing, new man's own foundation, donating all profits from new man's own food products to charity and nourishing the common grouped, the ford foundation, the ethics in excellence in journalism. the ewen foundation, committed to bridging cultural differences in our committees. the corporation for public broadcasting and by contributions to your pbs station from viewers like you. thank you. once again from washington, sitting in for gwen ifill this week, ed o'keefe from the "washington post." ed: the blitz has begun. they are slugging it out as national polls h shows the race has tightened dramatically. that's when the f.b.i. announced it was revisiting the email investigation. she led by 6% in the average of polls. that lead has dwinnled to 2.4% this week in a four-way matchup. with that

from the rom decision supreme court, this is josh gerstein writing.he supreme court unanimously rejected plea from democrats to restore injunction barring campaign and allies from election day actions that voters looking to cast in the battleground state, specifically ohio. says following page, it the appeals court judges did not offer detailed explanation of granted the stay, but ohio democrats failed to meet the injunction they received. the plaintiff did not demonstrate before the district was on the mersxit that requisite factors weighing in granting the stay. appeal.s sixth circuit that did not play out at the supreme court. that story is in politico this morning. adding that on the statewide level, federal judges in north carolina and turned down have request for orders barring republican counter parts from voters and rulings on onday, both judge said insufficient evidence on the injunction brought against state gop officials. donald trump campaign stop the -- we ask you to tell us fist your candidate does not win. texas,from stephenville, suppo