world of opinion, we have another 20er7b, one who worked for bill clinton and of course we have jeff toobin with us to pull me back into position. >> i am glad jeff is here with me. >> in order to her or not congress has the positive you are to compel americans to buy insurance, the individual mandate, we have to turn to the constitution. the constitution is a list of enumerated powers. it is a fancy way of saying here is a list of things congress can do. i want to focus on two of them. congress has the power to tax and spend. this is right here at the top of the powers. this, i know you can't read t it is old english script so i got it blown up. this is the general welfare clause that reads that congress shall have the power to lay and protect accident at thats, provide for the common defense and general welfare. why is that important? we have had a ton of congressional laws passed through the taxing power, things like a government retirement program and a/k/a social security or health insurance program for the elderly and medicare and, however, the taxing power is not the constitutional j

it brings us right to jeff toobin live in front of the supreme court with what could happen today. jeff, why don't you start by walking me through what the main issues are that are at stake here. >> this is really an epic case in the history of the supreme court because this piece of legislation affects so many different people. the heart of the dispute in this case is about what you call the individual mandate, the requirement that every american have insurance. obviously most americans already have insurance through their jobs. this law doesn't change that. 30 million people will get insurance according to the obama administration if this law goes fully into effect. there is a requirement in this law that every american have insurance. if you can't afford t the government will subsidize it for you. that requirement that every american have insurance is at the heart of the controversy. what the challenges to the law say is that congress in passing that law exceeded the power that the constitution gives to the congress under article 1 of the constitution to regulate interstate comme

former prosecutor jeff toobin, marcia clark. there you see jerry sandusky in a police car about to be taken off to a local jail where -- for the rest of his life, as we said. his new life has begun, his life in confinement. momentarily we expect to speak for an attorney for at least one of the victims who testified in this trial. there were ten alleged victims, eight of whom we heard the testimony in this relatively short trial. also relatively short deliberations. 21 hours for some 48 counts in all. we had a jury of seven women, five men. we're not going to be hearing from any of the jurors tonight. they were earlier, while this has been going on outside the courthouse, the jurors have been receiving instructions from the judge, who has told them according to reports not to speak to any reporters tonight. do we have justine? joining me now is justine andronichi, attorney for victims three and seven. thank you very much for being with us. first of all, have you talked to your clients tonight, and if so, what do they feel about t

clearly jeff toobin is expressing a fairly amount of skepticism being effective on an appeal. >> well, look. i've been on the receiving end of judges who don't give you continuances. i'd have to agree with jeff, that's not a winner on appeal. the one argument that i think they've got that's got some constitutional heft to it is the idea of the guy coming in and giving a hearsay statement. that is something that has been thrashed around in the federal courts at least and now trickles down into the state courts, the right of confrontation. that's an issue that's got a colorable basis on appeal. jeff didn't say it, i think he was probably biting his tongue. there aren't a whole lot of court of appeals justices who are going to be running for their pens or computers to write an opinion to reverse a conviction of jerry sandusky. let's be frank here. at this point they've got a guilty verdict. they've got a conviction on 45 counts. most people are going to want to put this behind them. unfortunately that's the reality of it. i don't think you've got a great chance of getting most cases reve

jeff toobin is joining us as well on the phone. extraordinary and i was just talking on the phone to victim number one, i guess i should say survivor number one, this is a kid who recently graduated high school. so when he came forward, he was in high school. you know, the young age of this victim adding to the difficulty of coming forward and not realizing at the time, i assume, and according to the attorney, that there were other victims out there. so the strength for this young man to have come forward i find pretty extraordinary. >> indeed. i would just like to point out, there was another very important piece of news today which was mon senior william lynn became the first roman catholic official to be convicted of covering up child abuse by priests. the catholic church in philadelphia and frankly much else many other places in the united states, behaved horribly in covering up the abuse and protecting priests, and penn state behaved horribly in letting jerry sandusky prey on children. the thing that haunts me in this case is

joining me to talk about all of that, senior legal analyst jeff toobin and david peril managing ed tord of radaronline.com and former editor-in-chief of "the national enquirer" which first broke the john edwards pregnancy scandal. jeff, are you surprised by this verdict? >> not at all. this was a weak, weak case, but john edwards was a deeply unappealing person to the jury, so you can see how the jury was pushed in different directions and i think in a way, a mostly hung jury is sort of appropriate resolution of this case because you wouldn't want to see john edwards given how he lived his life walking out of there completely vindicated, but this was not a person who deserved to be in prison for this set of activities. i thought his lawyer, abbey lowell, did a terrific job, had it just right when he said john edwards committed sins but not crimes and we don't put people in prison for sins in this country. >> after the verdict in his remarks john edwards went on to say there's no one else responsible. let me just say it, it's clearly me. i'm going to play a little bit of that and we'll t

jeff toobin, mark geragos, marcia clark.e right back. ♪ [ male announcer ] ok, so you're no marathon man. but thanks to the htc one x from at&t, with its built in beats audio, every note sounds amazingly clear. ...making it easy to get lost in the music... and, well... rio vista?!! [ male announcer ] ...lost. introducing the musically enhanced htc one x from at&t. rethink possible. >>> this, the moment when we and the world heard the verdict, the charge and counts of the verdict against jerry sandusky. 45 counts guilty, three counts not guilty. the crowd erupting into aplows, people running out, trying to get the word out of exactly what they saw and we heard from jason what we you. tonight jerry sandusky leaves court a converted sexual abuser. i want to bring in our legal panel. mark geragos, jeff toobin, marcia clark. >> what have you witnessed since you got the verdict? >> i don't know. there's so many conflicting thoughts that you have as you watch this. it's horrible what's happened to that community at penn state. i me

but in terms of their votes in an individual case, i don't think it plays much part. >> jeff toobin, we'll be here. >> and you're stuck there. pretty much. >> that's true. >> jeff, thank you. >>> has anybody noticed besides me how thick will cain's accent is today? >> no. i haven't noticed that. >> your texas accent. it's so strong. >> there's a lot of enthusiasm radiating. >> is that it? >> and then the accent comes through. >> i really am hearing it today, mr. texas. >> i'm blushing. >>> still ahead this morning, hollywood superstar jada pinkett smith is using her star power for an important cause. we'll tell you how her 11-year-old daughter, willow, inspired her to take action against sex slavery. one is for a clean, wedomestic energy future that puts us in control. our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us

senior legal analyst jeff toobin, has the supreme court skinny for us. jeff, let's start with you. do you see any, if you read the tea leaves, anything in this decision that could illuminate what might happen on thursday? >> i don't think there's anything in the opinions per se. the interesting thing is if you look at how the distribution of opinions has gone, the justices always try to share the responsibilities for the big cases. and you have anthony kennedy now having written the immigration case today. it really does look -- there are only three cases left and two of them are pretty minor. it really does look like chief justice roberts is going to write the health care opinion. given his performance and oral argument, that is not something that i think would fill hearts of the obama administration with joy. he's a very conservative republican. he was skeptical of the law. i think that's one tea leaf to read about how health care is going to come out. >> so, let's talk about the politics. you heard mitt romney -- i was going to say what he said, but really what he didn't say, wh

political analyst jeff toobin, gloria borger. and "360" m.d., dr. sanjay gupta. you said, instead of going on "anderson cooper" tonight and thundering about the injustices of the justices, i will be reduced to muing the mandate. i want to give you that chance. have at it. mue away. >> it's astonishing. when someone as gifted as barbara comstock. and that long one-sided soliloquy. it was kind of a tongue in cheek thing. i like to fulminate and scream and yell. i did something good for the soul. i visited teddy kennedy's grave. he would be thundering. begala, get your head out of all the baloney and talk about the people. sometimes hacks like me forget that. there's tens of millions of people with pre-existing conditions. with special needs children. who are going -- moms who need mammograms. grandparents who need to get medical care. folks like me who have kids in college who want to keep them on their health care. tens of millions people benefited by this decision. people like me tend to forget that sometimes. >> gloria, in all the conversation today, it's no que

let's go to jeff toobin at the high court.'m clear, in arizona now, with the upholding of this section, if someone runs a stop sign, gets pulled over and there's this reasonable suspicion, that police officer can legally ask that individual to show immigration papers? that's what the governor of arizona was staying she feels vindicated because that was upheld, correct? >> that's right. this was nicknamed the "show us your papers" law. if you have reason to stop someone whether it's jaywalking or dwu, if you have reasonable suspicion, you're allowed to ask for immigration papers. >> reasonable suspicion. define it. >> that's where you need to go to law school. it's not as much as probable cause or proof beyond a reasonable doubt. i'm sorry so be defining the terms loosely, but court vs the same trouble. the terms are difficult to define. >> because it's difficult to define, there are states with similar provisions, ie, alabama. this can still be challenged. i think you said this is something like legal trench warfare. we're in

political analyst jeff toobin, and because at the end of the day, this is about your health care and the health care system, "360" m.d., dr. sanjay gupta. you said, instead of going on "anderson cooper" tonight and thundering about the injustices of the justices, i will be reduced to mewing about the mandate. better for the americans to be sure, but tougher on me. damn that roberts. he outsmarted me again. i i want to give you that chance. have at it. mew away. >> it's astonishing. when someone as gifted as barbara comstock, in that long, one-sided soliloquy, still can't defend the indefensible, you know there's something big going down. it was kind of a tongue in cheek thing. i like to fulminate and scream and yell. i did something good for the soul. i visited teddy kennedy's grave. i said a prayer. what he would be saying now, he would be thundering, begala, get your head out of all the baloney and talk about the people. and sometimes hacks like me forget that. there's tens of millions of people with pre-existing conditions. with special needs children. who are going -- moms who ne

jeff toobin is the senior legal analyst and author of "the oath."en waiting on this decision in march. i'll quote you now, this was a train wreck. let's play that, shall we? >> this was a train wreck for the obama administration. this law looks like it's going to be struck down. i'm telling you, all of the predictions, including mine, that the justices would not have a problem with this law were wrong. >> do you think that's still true? do you still stand by that? anything change between then and now that would make you change your mind? >> soledad, accountability is for other people, not for journalists. i don't like having mee words played back to me. >> you should get a lawyer. >> i will have predicted it correctly -- no, the argument went badly for the obama administration, not so much because of the performance of the solicitor general, but because the conservative justices who asked questions seemed so unremittingly hostile to the health care law. that's the last we've heard from the court. it's the only institution in washington that doesn't

jeff toobin is outside the courthouse this morning awaiting the decision. dr.o talk about the medical ramifications and jim is live to talk about how the verdict will affect the 2012 presidential race and all-star lineup on capitol hill with mike lee and chuck schumer joining us live and there is no way out for attorney general eric holder. lawmakers will cold a contempt of congress vote against holder in a few hours. a group of house dmtz will planning a walkout to boycott the vote and leading the charge is emanuel cleaver and he will join us live and the life and times of j.j. walker, how a struggling stand up comedian from the south bronx became a television icon. he will join us live in the studios. >> say it. >> i will not. i will wait for him. >> say it. >> dine-o-mite. >> it was the anthem of our youth and we'll get the back story behind dynamite. we want to remind everybody you can watch cnn live on your computer or mobile phone while at work and go to cnn.com/tv. we'll see you in about 13 minutes. >> he doesn't look like he aged. >> at all. >> isn't th

i was talking to jeff toobin and he said, yes, he ripped into the federal government's council all of like five minutes in. what can we really glean from that. is it how he may decide? >> look, i think he did ask hard questions of the government. he said the government is doing something here that it's never done before forcing someone to enter the stream of commerce under the guise of regulating commerce. justice kennedy said he thought the government had a heavy burden to carry that. when he got to asking the challengers questions, he asked some fair and hard questions. you really only going to know how justice kennedy answered the questions tomorrow. >> i want you to take me into the room how this works. you have the nine justices sitting around a table. how many hours does this take to decide? how does that process work behind closed doors? >> the deliberations is relatively brief. they met in the conference room which is attached to the chief justice's chambers. i can't tell you how long they were there for. conference doesn't go for an hour or two to decide the cases on the agen

. >> so what jeff toobin is saying, it's not over yet. it's all about enforcement.izona and other states carry out the "show me your papers" provision. what's reasonable suspicion and will it amount to racial profiling? what's interesting about this is that even though the news is now, and we're talking about it now, it could be at least another year before all of this is sorted out. >> and to see how it's interpreted as well. thank you so much, alina cho reporting for us. >>> more latinos may be focused on the decision that's expected on thursday. a new survey shows immigration is not issue number one for hispanics. look where it falls. only 12% of hispanic voters rated immigration as their top policy concern while 21% rated health care as their top concern. that was number one on the list. much more on the fallout from the decision. congressman luis gutierrez, chair of the immigration task force, is going to join us at 6:30 eastern. and later on "starting point", the impact on the streets and the election. soledad will be joined by carlos gutierrez, and also alaba

those parts all fit together and how the skurt might take those parts apart, sanjay gupta and also jeff toobin been listening to oral arguments in the case and called them a disaster for the administration. not only do you say a disaster, you said a train wreck a plane wreck. you said the individual mandate is doomed. et cetera, et cetera, et cetera. has anything changed your mind since then and now? >> nope. the only thing we know is the oral argument. the supreme court is the one leak-proof institution in washington. and there have been no leaks about deliberations in this case. in my experience, this supreme court when you hear what they say at oral argument, that is a very, very good tip as to how they will vote in the case. i still believe that there balanced budget some sort of negative outcome, whether it's an individual man date. let's say the individual mandate is ruled unconstitutional. what does that literally mean for insurance companies? >> the people who are buying into the system help offset the cost of people who are sick and require more money to pay for their health care. you

her latest headline "why johnny walked on a mistrial," and jeff toobin. is it possible the justice department could refile charges? >> absolutely? >> it's likely? >> well, it's possible. they have the legal right to say tomorrow we are going to retry him on the last -- on those five counts. i think it's unlikely. i think cooler heads will prevail. this was a very marginal case to start with. very unusual use of the campaign finance laws. they had their shot -- >> you say marginal -- because -- >> because it was not a conventional crime. there has never been a justice department prosecution for similar activity. you know, the deterrent effect of this case is negbecause the facts are so odd. and in a world where the supreme court is essentially deregulating american campaigns, the idea they would try to put john edwards in prison again after failing so dramatically and spending so much time and so much money, i just think it's time to close the shop. >> the fact the jury couldn't reach a verdict on five of six counts. how often does this happen? >> it happe

together and how the supreme court may take that apart, sanjay gupta and senior legal analyst, jeff toobinwho has been listening to oral arguments in the case and called them a disaster for the administration. jeff, let's start with you. not only did you say a disaster, that's a quote by the way, you said a train wreck, a plane wreck, you said the individual mandate is doomed, et cetera, et cetera, et cetera. has anything changed your mind since then and now? >> nope. it's -- the only thing we know is the oral argument. the supreme court is the one leak-proof institution in washington and there have been no leaks about deliberations in this case. in my experience, this supreme court, when you hear what they say at oral argument, that is a very, very good tip as to how they will vote in the case. i thought the conservatives were very hostile, more hostile than i expected and i still believe that there will be some sort of negative outcome, whether it's just the individual mandate or the whole law. that i can't say i really have a clear view of. >> all right. so sanjay, let's say, hypothetic

. >> jeff toobin, thanks very very much. a lot more of more we're following tonight. asia's back. >> since john mccain is calling for the u.s. military to lead a coalition to help syrian opposition fighters seen here in battle. three of the top four vote getters in sunday's parliamentary elections in greece will meet tuesday at the presidential pal toys form a coalition government, according to an official with the socialist party passoff which placed third in the vote. the new democracy party took first place. >>> and jailhouse talk released today showed george zimmerman and his wife talked on the phone about their finances allegedly in code. prosecutors said the couple lied when they told the court they were indigent. many more phone calls which we don't have the transcripts for. andon >> interesting. asia, thanks very much. >>> up next, allegations of a widespread sex abuse cover-up. also allegations that the district attorney was actually part of the problem. critics say he protects the suspected molesters say he can stay in office. [ male announcer ] this is corp

our senior legal analyst jeff toobin joins us now.e was in the courtroom when the decision was announced. was it chaotic? >> it was the opposite of chaotic, soledad. i've been privileged to cover a lot of news events and i have never been in a room like that, there were not air molecules in that room everyone was poised and waiting. when john roberts announced the decision at 10:06, it was electric. he began by saying that the commerce clause, which we spent so much time talking about, did not give congress the right to support -- to pass the obama care law. and that as i looked at my colleagues in the press area, looked like it, seemed like the case was over and they were going to strike down the law. then he continued and said there is an alternative ground that the government puts forward that the congressional power to tax and as he was talking, it became clear, he was going to say that the law was -- would be upheld. i happen to be sitting a few steps away from senator orrin hatch. and i saw him brighten at the beginning of rober

also criminal defense attorney mark geragos and senior analyst jeff toobin. is it possible that the government could file more charges again them? >> they have the legal right to say tomorrow that we're going to retry him on those fife counts. i think cooler heads will prevail, this was a very marginal case to start with. >> you say marginal because? >> because it was not a conventional crime, there has never been a justice department prosecution for similar activity. you know, the deterrent effect of this case is negligible because the facts are just so odd, especially in the post citizens unite world where the supreme court is essentially deregulating american campaigns, the idea that they would try to put john edwards in prison again after failing to dramatically and spending so much time and so much money, i just think it's time to closed this shop down. >> the fact that the jury couldn't reach a verdict on five of the six counts, does that tell you anything about the case itself? i mean how often does this happen? >> it happens quite frequently, but i wi