i want to bring in jeff toobin. you with me? >> yes, hi, brooke. >> tell me exactly what the government is alleging here as it concerns john edwards and these affluent donors. >> well, the allegation is fairly straightforward. it's that the money from these two people, which added up was an illegal campaign contribution. well in excess of what they were allowed to give. and john i had kwards knew that and commitmented the crime of violating the cam main law. >> that's the argument we're going to hear from the federal government. what about the defense here. what did they argue? >> the defense argument was that this money was not a campaign contribution. this money was there, two wealthy friends, contributors. it was their attempt to get edwards out of marital trouble, to put money up so that rielle hunter, the woman who had his baby, could be taken care of and it would not destroy edwards' marriage. that -- the allegation from the defense is that this was a personal matter, not a campaign contribution. >> okay, so given what you

we'll bring in jeff toobin, talk about what's really going on. jeff says actually this is kind of a -- >>> and if you spent money for someone to tweet for you, it should be brilliant, aridite. we'll share that story with you. if you're about to head to work go to our live blog at cnn.com/startingpoint. >>> get right to john's play list this morning. "roadrunner," jonathan richman. [ female announcer ] introducing coffee-mate natural bliss. ♪ made with only milk... cream... a touch of sugar... and pure natural flavors. ♪ who knew being natural could be so delicious? coffee-mate natural bliss. from nestle. add your flavor naturally. i get my cancer medications through the mail. now washington, they're looking at shutting down post offices coast to coast. closing plants is not the answer. they want to cut 100,000 jobs. it's gonna cost us more, and the service is gonna be less. we could lose clientele because of increased mailing times. the ripple effect is going to be devastating. congress created the problem. and if our legislators get on the ball,

jeff toobin is joining us with jay sekulow from the american center for law and justice.eff, first to you. can federal judges be distressed by what the president said without being characterized as deranged by hatred? >> absolutely not. this is a phony controversy from day one. what obama said in its full context is completely appropriate and uncontroversial. of course the president knows that judges can declare laws unconstitutional. his own administration is asking the courts to declare the defense of marriage act unconstitutional. they declare laws unconstitutional every year. every first year law student, most college students know that. obama didn't suggest otherwise. he simply said under the precedence of the commerce clause which is relevant in the health care law, he thinks the supreme court should uphold this law. there's nothing wrong with that. >> jay, i know you disagree with jeff on this. if politics and ideology permeated the judiciaries to really damaging levels at least in some instances. >> well, look, the damage here was the president of the united state

jeff toobin, welcome. >> hi, howie. >> do you feel you went out on a limb based on the questioning byin saying the individual mandate on the health care law looks doomed? >> i did. yeah. >> we have videotape. >> no i mean, i did. i -- you know, i have to say it make embassy little nervous i went out on a limb like that but i sat there, i listened, familiar with how the justices argued and i just thought i was being straight with people. i thought it was doomed. >> now, harry reid, among others, criticized you by name, senate majority leader saying the questions you get from the justices doesn't mean that's what's going to wind up in the opinion. i'm sure you considered that. >> absolutely. but you know, one of the things that's interesting about following the supreme court for a long period of time, ever since william rhenquist was chief justice, he really sort of cut down on the social interaction among the justices and said good fences make good neighbors. so, starting with the rhenquist court, you saw the justices using the oral arguments to communicate with each other even more th

i spoke earlier to jeffrey toobin about it. jeff, the details of this case are unbelievable.ou can't make this stuff up. >> it is really a great case, you know, obviously it's grounded in the tragedy as most crimes are. but at the core, it's that same problem, that the criminal justice always has, is this defendant crazy or is he crazy like a fox. >> you say it's a good case of insanity and competency. >> that's right. and those are separate questions. i think sometimes people think they're the same question. before you even get to the issue of sanity, you have to decide, or a judge has to decide whether someone is competent to stand trial and make those decisions. that's where this case is stuck, just like in the tucson shooting case, the jerod loughner case. that case is stuck, too, and maybe stuck for a long time, while the judge determines whether the defendant is fit to stand trial. >> if he is found competent, though, to stand trial, he can still use an insanity defense, correct? >> that's right. that's a separate thing. that's actually -- it's a very high standard. peo

i don't know how important politically it is. >> jeff toobin, always nice to have you. >> good to bence to chat with jeff three times this week. >> lucky for both of us. >> yes it is. >>> still ahead on "starting point," new audio released at the center of the bounty scandal. on tape you can hear him calling for the bounty on players. >>> out of lockup and onto the links, how an inmate ended up doing time at a golf resort in catalina island. sounds like something we might all want to do, ahead on "starting point." [ female announcer ] introducing coffee-mate natural bliss. ♪ made with only milk... cream... a touch of sugar... and pure natural flavors. ♪ who knew being natural could be so delicious? coffee-mate natural bliss. from nestle. add your flavor naturally. ♪ billy jean is not my lover, she's just a girl who ♪ ♪ claims that i am the one >> what has happened to you today, will cain? >> something happened to him. >> he's dancing. oh it's ali velshi happened to you? >> will got his groove back. >> i like that. i like that. obviously michael jackson, "billy jean." we're going to s

. >> joining me now, police veteran lou plum boolumbo, jeff toobin and defense mark geragos. >> that word, if it was a bad word or just saying it was cold, f'ing cold. >> the only way the federal government has jurisdiction over this homicide is if they can prove there was racial hostility at the core of it. a simple shooting is purely state matter and that would not -- then the federal government wouldn't be involved. there may be other evidence in the case. this is obviously very important. it's not the only piece of evidence in the case. the justice department presumably will investigate every aspect of this to determine it. certainly if the word is cold, not c-o-o-n, that is highly relevant. >> mark geragos, is there some way this can be cleared up? it's an important point 100%. >> i don't know that anything's ever 100% in the criminal justice system. this is precisely what they do, they go to an audio specialist, try to bring it up or enhance it is the term we use in the courts and once they've enhanced it and they've gone through it, then everybody listens to it and tries to fi

jeff toobin, thank you so much for calling in talking about that. we're getting word now of a secret meeting, the secret meeting between rick santorum and a group of conservative leaders. the topic, newt gingrich. dana is there for us in washington. what do you know? >> we understand from a couple of sources now who were present at the meeting that newt gingrich was one of the topics, but more broadly, what this was was a group of conservative activists, some conservative leaders who asked rick santorum to come to northern virginia to talk about strategy. these conservative activists have a lot on the line. remember, back in january many of them got together and decided to throw their support between senator santorum and now obviously we have been reporting extensively on the delegates count looking better for mitt romney and rick santorum obviously being in big trouble. the part of the discussion i am told was trying to figure out how they can try to convince newt gingrich or at least the supporters of newt gingrich to leave him and support rick sa

also jeffrey toobin and sunny hostin. jeff, first of all, second-degree murder. were you surprised by this? what does this mean what, does second-degree mean? >> it means the possibility of a life sentence. and it's probably a greater sentence than a manslaughter. as mark was saying, it's not dramatically different, but this is the single most severe crime he could have been charged with under these circumstances. and so she threw the book at him. >> how is that different than first-degree murder? >> well, first-degree murder is sort of this premeditated murder. second-degree murder, the prosecution has to show a depraved mind. i've got to tell you, i think knowing what we know, what's in the public domain, that's a difficult charge to prove. so i suspect, anderson, that there is some evidence that we just don't know about, because no prosecutor in a high-profile case wants to walk into court and not be able to prove each and every charge, each and every count beyond a reasonable doubt. you don't want to lose so publicly. so i suspect that we're going to hear a l

standby, sin, because jeff toobin is on the phone and our senior legal analyst. very day we see something like this develop in such a high profile case. >> that was certainly one of the wackiest news conferences i have ever seen. i think they are obviously concerned about with his well-being, but they are also, i think, potentially setting him up for an earlier arrest than they might have because one of the reasons a prosecutor doesn't arrest someone right away is that the prosecutor is assured by the counsel that, look, he'll surrender. he's not going anywhere. i know where he is and he'll turn himself in. at this point the lawyers don't know what he's doing and don't know where he is and the prosecutor may say, look, i better arrest this person or he's going to be in the wind. so i think this bizarre episode might accelerate the prosecutor's timetable if, in fact, she's going to arrest him. >> ashleigh banfield is watching what's going on. you're learning more information, ashleigh, in what's happened in this dramatic turn of, vents in the trayvon martin shootin

. >> jeff toobin, joe johns, thanks. let me know what you think on twitter.f you think john edwards is guilty of these federal violations. >>> a lot more happening tonight. the u.n. admitting it's being played in syria. the killing stops when u.n. observers goes in and starts up again when they live. i'll speak to senator john mccain next. [ male announcer ] you are a business pro. omnipotent of opportunity. you know how to mix business... with business. and you...rent from national. because only national lets you choose any car in the aisle. and go. you can even take a full-size or above. and still pay the mid-size price. i could get used to this. [ male announcer ] yes, you could business pro. yes, you could. go national. go like a pro. but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land

. >> jeff toobin, joe johns, thanks. let me know what you think on twitter.you think john edwards is guilty of these federal violations. >>> a lot more happening tonight. the u.n. admitting the killing stops when u.n. observers goes in and starts up again when they live. i'll speak to senator john mccain next. >>> also waiting for word tonight from newt gingrich. the buzz could be reassessing his campaign even calling it quits. he's expected to speak any minute. we'll bring it to you, whatever he says, live. [ male announcer ] when this hotel added aflac to provide a better benefits package... oahhh! [ male announcer ] it made a big splash with the employees. [ duck yelling ] [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. ♪ ha ha! 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female annou

. >> jeff toobin, joe johns, thanks. we'll be watching. let me know what you think on twitter.you think john edwards is guilty of these federal violations. >>> a lot more happening tonight. the u.n. as much as admitting it's being played in syria. the killing stops when u.n. observers goes in and starts up again when they leave. i'll talk to senator john mccain who wants more action to stop the slaughter, next. >>> keeping them honest now. a new reason why night after night we keep bringing you images of the killing in syria. the reason is simple but sad. the fact is it's frankly pathetic. our nightly video shot at great risk by ordinary syrians may be the best way to monitor the cease-fire that bashar al assad agreed to and is breaking day after day. today a spokesman for the u.n. professionals now on the ground in syria, these observers, as much as admitted that his men are just not up to the job. he says there are credible reports and take note at that phrase -- credible reports. that when observers like these guys in the blue bodarmor into places like homs, the killing stop

our dream newscast, he'd be a cnn contributor mixing up mary madeline, going head to head with jeff toobin but not doing any weather reporting. we'll leave that to the experts. that does it for us. we'll see you one hour from now, another edition of "360" at 10:00 eastern. >>> when i sat down with israeli prime minister benjamin netanyahu, he said yes to something incredible. let's go outfront. good evening, everyone, i'm erin burnett. outfront tonight, peace in the middle east. what would that mean for america? for decades the united states has been at odds with the arab world over its support for israel in its conflicts over palestine. the palestinian conflict has dominated 70% of israel's existence as a nation, and it's the reason given for animosity in the arab world against america. but that conflict could be coming to an end if you believe what israeli prime manager benjamin netanyahu told me this week. >> i think there's one other thing. i think that i could deliver a peace agreement. i could get the israeli people to follow me, if i believed that i have a serious partner on the oth

our dream newscast, he'd be a cnn contributor mixing up mary madeline, going head to head with jeff toobin but not doing any weather reporting. we'll leave that to the experts. that does it for us. we'll see you one hour from now, another edition of "360" at 10:00 eastern. piers morgan tonight starts now. >>> tonight the race is on. >> we're in this thing together, and america is not about just a few people doing well. >> it's still about the economy. and we are not stupid. >> i'll talk to the man who says this election is for sale to the highest bidder. frank rich on what super pacs are doing to america. >>> plus giving mama's boy a whole new mining. he became a -- >> the sexual orientation of my parents has had zero effect on the content of my character. >> my exclusive with zach walls. >> marilu henner. she's one of the only people on the planet with total memory recall. >> august the 16th of 1977, that was a tuesday, and i heard on the radio that elvis presley had died. >> my god! >> in one of the weirdest things i've ever seen, she can remember every detail of her life. tonight i'll p

martin savidge is in sanford florida, sunny hostin, jeff toobin and mark in florida. you have had a conversation with mark o'mara. what did he tell you? what is his next move? >> i spoke to him in fact while ms. corey was making her announcement. he is with mr. zimmerman. he is already beginning to start his defense and putting it all together. he learned when we all learned about the charge and the fact it was a no-bond and second-degree murder. the next step will be to coordinate mr. zimmerman going to the seminal county jail where he will be booked and processed like anybody else. like anybody else, he will have a first appearance the following morning. i suggest he will request a bond at that time or it will be put off shortly there after for a bond hearing so that it can be considered by the court. help me understand the specific. the prosecutor said, we will not discuss the evidence. how much evidence do they have to disclose to the court when they file the information, the complaint? >> there is really no information. in florida, we don't do this by grand jury

our dream newscast, he'd be a cnn contributor mixing up mary madeline, going head to head with jeff toobinut not doing any weather reporting. we'll leave that to the experts. that does it for us. "early start" begins now. >>> good morning to you. welcome toea

. >> our senior legal analyst, jeff toobin, thanks for your help and insights. in the next half hour, we're going to speak to the arizona governor, jan brewer. she was there and she said she came out of today's supreme court hearing very encouraged and very confident. that conversation a bit ahead. >>> moving to politics, newt gingrich plans to suspend his presidential campaign next week and endorse mitt romney. this morning, fresh off a five-state campaign sweep last night, mitt romney phoned the former speaker to ask for his support. in north carolina today, gingrich said he's working out the details of his campaign's traditi transition. >> i am committed to this party, i am committed to defeating obama. we will find ways to try to be helpful. i think it is pretty clear that governor romney is ultimately going to be the nominee. and we'll do everything we can to make sure that he is, in fact, effective. >> it is now, without a doubt, mitt romney's republican party. let's consider the challenges ahead. cnn's chief political analyst gloria borger and joe klein.

we'll talk to jeff toobin about why that is.s ridiculist and a lot more at the top of the hour, erin. >> looking forward to seeing that. >>> i just flew back from israel. and when it comes to flying, israel takes security very seriously. if you've experienced it, you know they ask you all sorts of questions. they go through your bags. they take nothing for granted. they do a lot more than what we go through here in the united states. now, some of the more extreme examples of what we've seen recently here at home, the little boy in the wheelchair, tsa was checking him for explosives, or a woman sobbing uncontrollably as she submitted to a very public pat-down. then there's our recent favorite. >> i have no problems with my body. and decided that this was the most -- >> well, i do. because no one wants to see anybody naked at the tsa, no matter how you look. he believes it was an invasion of his privacy, and stripped down to prove he wasn't dangerous. the former head of the tsa said this is all for nothing, and in the new book "pe

. >> jeff toobin, joe johns, thanks. we'll be watching. let me know what you think on twitter. if you think john edwards is guilty of these federal violations. >>> a lot more happening tonight. the u.n. admitting it's being played in syria. the killing stops when u.n. observers goes in and starts up again when they leave. i'll tuk senator john mccain who wants more action to stop the slaughter next. ♪ [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. of all our different items in our festival of shrimp so we can describe them to our customers. [ male announcer ] red lobster's festival of shrimp starts now! for just $12.99, pair any two of 9 exciting shrimp creations like new bar

our dream newscast, he'd be a cnn contributor mixing up mary madeline, going head to head with jeff toobin weather reporting. we'll leave that to the experts. that does it for us. we'll see you one hour from now, another edition of "360" at 10:00 eastern. >>> when i sat down with israeli prime minister benjamin netanyahu, he said yes to

. >> the best word from jeff toobin is whacky, whackiest news cons conn friends we have seen n case folkstting home from work, if you missed this news conference today, the big news is that george zimmermann's attorneys are bou s ars are bow haven't heard from him since sunday, we will replay the sound. how does this affect the case going forward? where is george zimmermann? >>> also, a story we were "outfront" on friday, talking about house majority leader eric cantor and $25,000 donation to the super pac, the super pac who by the way, their mission is to oust incumbents, including incouple bonnets of the house majority leader's own party. now they are saying, oops, it was a staff mistake. really? what are republicans saying on the hill? we are all over those stories and more at the top of the hour. mr. king, back to you. >> say a little more than oops. looking forward to that one, brooke. see you in a few minutes. >>> here, we will continue the political conversation and a school bus driver goes limp at the wheel and a middle schooler sprints into action. you will see what happens next.