let's bring in jeff toobin. jeff, no matter what side of this debate or case one is on, it is extraordinary this has been going on for, what? more than 22 years now. or 22 years. what does that say about this system that is in place whether you are for execution or not? >> the system is broken. i mean, this is the problem. this is one of the problems with the death penalty. is that we have this somewhat contradictory attitudes about it. we want certainty, we want this punishment. but as the supreme court has said many times, death is different. the level of certainty we want and the level of fairness we want in a death penalty case is different from any other kind of case. so there is more scrutiny and more lawyers and more procedures in death penalty cases. so you have the situation where executions if they take place are -- can be 20 years after the crime. this is unusual for a lot of reasons. but the length of delay is not all that unusual. and the suffering that puts on the victim's family, on the witnesses,

very welcome. >> i want to, if we can, bring in jeff toobin and bj bernstein again. ff, at this point, i mean, legally there is -- there is obviously no more -- there's no more legal appeal? >> no. and what made this situation even more tense and bizarre is at 7:00, georgia had the legal right to execute him just then. they decided to wait to hear what the supreme court would do. but at this point, there was no illegal impediment at all. now with the supreme court having denied the stay, there -- you know it is official that the last -- the last legal step has been taken. but for the last three and a half hours, georgia would have been within its right to begin the execution process. >> we will be back our continuing coverage, more amount breaking news, supreme court rejecting the last-ditch appeal from troy davis. the state of georgia can now proceed with his execution. we will be right back. my doctor told me calcium is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases c

jeff toobin, thanks so much. >>> two of nascar's biggest names battle it out at atlanta motor speedway 276. held him off the rest of the way. gordon's third victory of the season, by the way. 85th of his career. >>> here's something you don't see in major league baseball very often. the reds' brandon phillips running for home. he's going to be out by a mile. but instead, look at this. instead of plowing into the catcher, he tags him, hugs him. what's up? how your doing? let's get together. have a beer. then mariners' outfielder ichiro on the right and check out the fan who looks just like him on the left. the real guy makes a great grab in last night's game against the angels. jumps the s at the wall. makes the catch. and then check out the fan look alike in the stands. taking a bow. thank you very much. he got some boos from the angels fans. >>> ten years after the 9/11 attacks. >>> say the death toll continues to rise. dr. sanjay gupta investigates the first responders' health. d . for those of us with lactose intolerance... lactaid® milk. the original 100% lactose-free milk. have i

joining us now is also with us, senior legal analyst jeffrey toobin and bj bernstein. jeff, in terms of the lethal injection, the process, it -- that itself is a process filled with controversy? >> these right. lethal injection was developed as a supposedly more humane alternative to electrocution and the gas chamber. but in recent years, lethal injection itself has become very controversial, not as simple al thing as someone would assume to put someone to death intra venously. many of the states use what's known as the three judge cocktail that has been problematic. some of the drugs that have been use ready not available in sufficient quantities this three-judge -- three-drug cocktail has been challenged as inhumane. in fact, the united states supreme court in a very controversial case in 2009 called bays v reese addressed the issue of whether lethal injection was cruel and unusual punishment in violation of the eighth amendment. and the court said, no, but it was a 5-3 decision, as i recall, and it is just -- it's -- it's in and of itself, controversial and sometimes not

jeff toobin, do you really believe, though -- this has certainly ignited a die badebat about the death penalty, but these debates have been going on now in this country for decades. is this some sort of watershed event or change something? >> i don't think so support for the death penalty today is 60%. according to most polls. about ten or fist even years ago it was about 70%. now that's down and a lot of change in the altitudes about the death penalty those do with the fact there is just less crime in the united states than there used to be. in the early '90s, there were about 300 death sentences every year. last year 112. in the early '90s, one year, 98 people are were executed, last year, 46 people were executed. all the numbers are heading in that direction, but the movement for the absolute abolition of the death penalty is not really that strong in this country. barack obama is for the death penalty, most major political figurers are for the death penalty. it's not as big a political issue as it once was, but it doesn't look like it's disappearing any time soon. >> it does say a

jeff toobin, appreciate it, bruce, always good to talk to you. >> my pleasure. >> that's it for our specialine." thanks for joining us. open an e-trade account and open doors, seize opportunities, take action with some of the most powerful yet easy-to-use trading tools on the planet all built to help you maximize the potential of every dollar you invest. successful investing isn't done by throwing ideas against the wall and hoping. it's done by lowering your costs and raising your expectations by using unbiased research and powerful screeners to build a diversified portfolio with stocks, bonds, mutual funds, and every etf sold. and we'll help you every step of the way. with 5-star research and free education covering everything from the basics to advanced investing strategies. start now and we'll give you up to $500 and let you trade free for 60 days. visit our website, call us, open an account. e-trade. investing unleashed.

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jeff toobin as well. let us know what you think. we are on facebook, twitter #andersoncooper. >>> up next, herman cain's controversial statement about why african-americans vote democrat and his jump in the polls. >>> later, the michael jackson death trial, damaging testimony about what dr. conrad murray was doing as michael jackson lay dead or dying. >>> first, let's check in with isha sesay. isha? >>> anderson, as amanda knox's defense team makes their case that her murder conviction should be overturned, we'll show you photos you've never seen before, exclusive pictures taken of her inside the prison she could soon go free from or possibly spend many more years in. that and much more when "360" continues. and i know a thing or two about fast. i purchased 3 homes with quicken loans. i wouldn't use anyone else. there were no hidden fees and no surprises. quicken loans is a lot like me -- we're both engineered to amaze. it'd be easier to compare. you think these all cost about the same. they all give safe drivers a discount. but wha

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jeff toobin as well. let us know what you think at facebook, twitter. >>> up next, herman cain's controversial statement about why african-americans vote democrat being and his jump in the poles. >>> later, the michael jackson doctor's testimony, testimony about what he was dog as michael jackson lay dead or dying. >> anderson, as amanda knox's defense team makes their case that her murder conviction should be overturned, we'll show you photos you've never seen before, exclusive pictures taken of her inside the prison she could soon go free from or possibly spend many more years in. that and much more when "360" continues. we're america's natural gas and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses... ... and giving us cleaner rides to work and school... and tomorrow, we could do

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soil or as jeff toobin said, this is war. >> that's right.and my successor, in the obama administration, john brennan said, we're not going to let anyone use their american citizenship as a shield in this war. that's exactly right, but it's a big step. we don't take likely in the united states government the targeting of an american, wherever you would be, and so this is a very significant step. >> fran townsend, thanks for joining us. hopefully you'll join us against next hour. looking forward to it. >>> details how the attack went down are sketchy. we know the united states targeted al awlaki before the drone strike but just missed. of course, this man is on the cia target list. barbara starr is live for us at the wepentagon. the white house confirmed that al awlaki is dead. what more can you tell us about how he died? is there any information coming at all from the pentagon? >> reporter: there isn't at this hour, carol. a little technical issue. sorry. there is not at this hour, but, you know, the fact that the white house so rapidly confi

our senior legal analyst jeffrey toobin is joining us now. jeffegy on the part of the obama administration? >> you know, i think it is, because first of all the agencies which are preparing to implement this law have to know whether it's constitutional or not and there really is no point for waiting another year. also, i think if the law is approved, obama can say i passed a constitutional law. if it's not approved he can run against the supreme court as presidents have done in the past but the uncertainty can't help anyone and seems like a wise choice for all concerned just to move ahead and get this thing resolved >> do you have a sense, do you think, who is going to win before the united states supreme court? no one knows the nine. that's the name of your best seller. how does it look. >> i think there are four certain democrats, ginsburg, briar, societomayor will certai vote for it, just as thomas won't we. can the liberals get one more vote? anthony kennedy is their best hope. if i would bet i would say the law will be upheld but this is a cl