i want to bring in our senior legal analyst jeffrey toobin to talk a little bit more about this. jeffrey, first, were you listening to that press conference along with us. a lot of very disturbing details. hard to stomach, quite frankly. what did you make of it? >> we're all in the news business. we see bad things happening in the world all the time. but, boy, this has to rank as one of the most shocking and appalling stories that i have ever encountered. here you have years of knowledge that this guy was abusing children. 2002. mid and late '90s and year after year the cops are not informed and this guy continues to be in contact with children. and how people very much appear to be much more concerned about him and his reputation and the schools and his non-profit rather than the future victims is just so horrifying. >> and if you go back to -- as you said, these allegations go back to really 1998. in 1998 he tool will you made comments that he had this inappropriate behavior with a young boy then. obviously he has claimed that he's innocent in this most recent case. but when yo

gloria borger, david gergen, jeffrey toobin. jeffrey, a cain supporter wants to be released from the confidentiality agreement. a, can she be released? b, is it -- i mean, is it right for her to be released? if she signed an agreement saying i'm not going to talk about this and taking money for that, why now should she be released? >> well, certainly, to answer your first question, she can be released. a contract is simply an agreement between two parties. here, presumably, the national restaurant association and this woman. contracts can be changed, they can be modified, if both parties agree. so to answer the question of can she, sure. is the answer of should she? i think, frankly, the answer to that is, yes, as well. herman cain is running for president of the united states. this is a very important thing about whether he committed sexual harassment or not. if this were to go to court, and i expect it to be resolved long before it goes to court, courts generally don't like confidentiality agreements. they construe them narrowl

jeffrey toobin is live on the phone with us. of states have argued it's constitutional. there's several cases pending. it's sort of confusing, so what should we pay attention to now that we've got the word? >> reporter: well, it's actually a fairly straightforward legal issue. the federal government has to abide by the constitution, and the constitution says that the federal government is allowed to regulate interstate commerce. under the interstate commerce clause, we have social security, we have medicare, we had mve medicaid, and the obama administration says the health care plan is a reflection of the way the federal government has been involved in health care for many, many years. many states have challenged that. they have said this is something different. this is requiring individuals to buy a private product that is health insurance, and that is something that the federal government simply does not have the authority to do. the courts are split on the issue. more courts have upheld it. some republicans -- very influentia

jason carroll and mike galanos and sports illustrated and cnn senior legal analyst, jeffrey toobin.our thanks to all of you. stay with us. our own anderson cooper has an interview with dr. phil mcgraw.i about all of this, all that's taking place at penn state university. my name is marjorie reyes. i'm a chief warrant officer. i love the fact that quicken loans provides va loans. quicken loans understood all the details and guided me through every step of the process. i know wherever the military sends me, i can depend on quicken loans. congratulations. congratulations. today, the city of charlotte can use verizon technology to inspire businesses to conserve energy and monitor costs. making communities greener... congratulations. ... and buildings as valuable to the bottom line... whoa ! ... as the people inside them. congratulations. because when you add verizon to your company, you don't just add, you multiply. ♪ discover something new... verizon. when you're a sports photographer, things can get out of control pretty quickly. so i like control in the rest of my life... especially

also with us, criminal defense attorney mark geragos, jeffrey toobin and dr. sanjay gupta. jeff, was this a verdict? was this the right individual? >> it seemed to me. i was skeptical of this case. given michael jackson's history of addiction, given all the possible involvements in his ill health, blaming conrad murray seemed unfair. but i thought the prosecution did an excellent job. they laid out a very straightforward case. and they showed that this was not just, you know, arguably bad medicine. this was really deep, deep incompetence. but they also didn't charge him with too much. they didn't charge him with murder, they charged him with a fairly -- a minor felony, but still a felony, and they got the verdict they deserved. >> randi you were in the court when the verdict was read, conrad murray was placed in handcuffs. i know there's a lot that you saw and heard that the fixed tv camera didn't capture. what struck you? >> well, if you're watching at home, you probably didn't see katherine jackson, michael jackson's mother, break down in tears as soon as that verdict was

i want to bring in our senior legal analyst jeffrey toobin who joins us from new york via skype.n issues essentially. what are they? >> well, the main issue is whether the federal government can force you to buy health insurance from a private company. that's really the heart of the challenge. >> the justice department's arguments in favor of the individual mandate, how do they justify that? >> well, what they say is health care is a national market. 16% of the gnp is spent on health care. if you choose not to buy health insurance, you are making an economic choice. you are choosing to have the taxpayers pay for you when you are sent to the emergency room. so the choice of whether or not to get health care is an economic choice that can be regulated by the federal government and the federal government has been involved in the health care market with medicare, medicaid, social security, for decades. this is simply the logical next step, not some new departure. that's the justice department's argument. >> this could impact all of us here. we are talking about a broad approach and t

cnn's legal analyst jeffrey toobin. >> the judge certainly should have raised the issue, disclosed her connections to the second mile, so that the parties in the case could decide whether they wanted to ask her to recuse herself. >> reporter: now, cnn has reached out. we did try to contact the judge in this case, but so far, alina, we haven't received a response. alina? >> mary snow live for us in state college, pennsylvania. mary, thank you. >>> all right. president obama talking jobs. terror and torture. and nudging the super committee, too, all on his visit to hawaii for the apec summit. >> 18 other world leaders are there who may hold the key to job creation in this country. our dan lothian has the latest from hawaii. >> reporter: alina, christine, president obama touted progress but also addressed challenges in the effort to boost trade with asia, create more jobs at home, but also in dealings with iran and china. at a press conference marking the end of the apec summit, the president also took a swipe at republican hopefuls when i asked this question about their views on waterboa

and cnn senior cnn analyst jeffrey toobin is joining us as well.dusky retired at what some thought was early in his career. isn't that odd looking back? >> very strange and there is ever reason to believe that joe paterno knew a lot about those 1998 allegations. one interesting story is at sandusky's retirement dinner, there was a peculiar situation. joe spoke very briefly, only a few words, a minute or so. only stayed at the celebration for a few minutes and left. it was odd to people at the time. no one knew why. you would think that joe would have stayed for a long time. but there was ever reason to believe looking back on that that joe was probably disgusted by the 1998 allegation and kind of wanted to distance himself as much as possible from jerry. so therefore -- but that begs the question, why was he allowed to coach the 1999 season? >> that's an extraordinary idea that if he knew about the 1998 allegations and at the retirement didn't didn't want to harngd because of his thoughts on sandusky, what is extraordinary and the significance of i

. >> cnn legal expert jeffrey toobin. >> basically what the supreme court said was, if you democrats and you republicans want to go out there and fight about redistricting, we are not going to get involved. that is not the place of the courts. we will get involved if race is being abused in that process. but if it's just politics, we're staying out of it. redistricting is a partisan enterprise. always has been. and we're just not going to get involved. >> this is marblehead, massachusetts, where gerrymandering was born. the name sake of this man but mispronounced. it should be -- >> gerry with a hard "g." >> as governor, gerry drew weird districts like this for the state legislature. town historian wayne butler. >> has a head like a dragon and two claws. marblehead is the bottom claw. >> here in chicago, you'd think they'd know all about gerrymandering. not necessarily so. outside wrigley field, during a cubs game. >> whoo! >> we ran in to this peanut vender. ever heard of gerrymandering? >> yeah. what are you running for? >> what's he running for? >> nothing right now. >> that's you

that's what we have here, our legal analyst jeffrey toobin weighed in on that.so that the parties involved in the case could decide whether they he wanted to ask her to recuse herself. >> reporter: so there you have it. jeffrey toobin weighing in, a lot of folks saying, wait a minute, the governor of pennsylvania weighing in saying the bail should have been higher. >> mike galanos for us, thank you. >>> also, the second mile charity claims it has helped thousands of children throughout the state of pennsylvania, many of whom didn't have direct contact with jerry sandusky like troy craig who considers himself a lucky one. here's what he told dr. drew. >> there was a period of about i'm thinking two to three years where if i was in the car alone with jerry his hand would guaranteed be on my left thigh. it never veered into anything overtly sexual, but certainly enough to make me uncomfortable. >> craig also says he went to sleep-away camp, part of this charity. we'll hear a lot more from troy craig, what he witnessed around sandusky. he'll join me live tomorrow. w

that brings us to cnn legal analyst jeffrey toobin to explain all of this, the legal terms here.th anything. >> you know, this gets very complicated. i have been reading the statutes here. frankly, i think that some of this stuff is pretty unclear. the law under which the two administrators are charged is the law that says people who have knowledge of a child abuse situation are obligated to report it if they are the head of the department. or head of the organization. and that's where there is a certain vagueness here. what i assume went on in the attorney general's office is these -- the prosecutors concluded that paterno by reporting it up the chain of command fulfilled his legal obligation. the two administrators did not report it to anyone. they did not go to any law enforcement thus they were prosecuted. but, frankly, i think this situation is murky. the investigation is continuing. i would not think it is totally out of the question that paterno might be charged down the line. >> you could see that possibility of him being charged as well? >> yes. i mean, just as a general

jason carroll and mike galanos and sports illustrated and cnn senior legal analyst, jeffrey toobin. our thanks to all of you. stay with us. our own anderson cooper has an interview with dr. phil mcgraw. i habe a cohd. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fruit and veggie nutrition... v8 v-fusion. could've had a v8. at red lobster. there's so many choices... the guests love it! [ male announcer ] it's endless shrimp today at red lobster. as much as you like any way you like, all for $15.99. offer ends soon. my name is angela trapp, and i sea food differently. ♪ imagine me and you, i do ♪ i think about you day and night ♪ ♪ it's only right ♪ to think about the girl you love ♪ ♪ and hold her tight ♪ so happy together [ male announcer ] when life changes, so can your ins

i want to bring in jeffrey toobin and sunny hostin to get their sense. i guess we shouldn't have been surprised by any of this, jeffrey. looked like pretty much of a slam dunk as far as conviction is concerned given the evidence brought forward. >> i don't know if it was a slam dunk but certainly not something to challenge the jury a great deal. they deliberated a reasonable amount of time but certainly an long time. they didn't ask to see any of the evidence. i have to say i'm a little surprised he was remanded without bail. the two factors, and the judge talked about a bunch of factors, but the two key factors are risk of flight. is this person a risk of flight and danger to the community. given the circumstances here, i didn't think he was either much after risk of flight or much of a danger to the community. but as the judge pointed out, this was a very serious crime and it involved the death of a human being. he is someone who lives in texas, not in california. so he doesn't have a lot of ties to the california community. which relates to the flight

joining us is chief analyst gloria borger and jeffrey toobin. gloria, you just got off the phone with the attorney for one of cain's accusers. >> right. >> what did he tell you? >> this evening he's not speaking with us. he's meeting with his client and she's the one that 12 years ago alleged sexual harassment against kairn. he told me that it is likely that he will ask the restaurant association to allow his client to issue a statement under his name, without her name, to issue a statement saying that she vehemently denies cain's remarks and that she was sexually harassed and she believes he needs information from the restaurant association because he wants to get an agreement that this would not be construed as a violation of the confidentiality agreement. >> he's already said that. he said this on the program last night. are you saying that he would go farther in a statement? >> well, i think that she feels she needs to issue an explicit statement. i asked him how much detail would be in it. denot know. but this is what he did say to me. he s

and cnn senior cnn analyst jeffrey toobin is joining us as well. sandusky retired at what some thought was early in his career. isn't that odd looking back? >> very strange and there is ever reason to believe that joe paterno knew a lot about those 1998 allegations. one interesting story is at sandusky's retirement dinner, there was a peculiar situation. joe spoke very briefly, only a few words, a minute or so. only stayed at the celebration for a few minutes and left. it was odd to people at the time. no one knew why. you would think that joe would have stayed for a long time. but there was ever reason to believe looking back on that that joe was probably disgusted by the 1998 allegation and kind of wanted to distance himself as much as possible from jerry. so therefore -- but that begs the question, why was he allowed to coach the 1999 season? >> that's an extraordinary idea that if he knew about the 1998 allegations and at the retirement didn't didn't want to harngd because of his thoughts on sandusky, what is extraordinary and the significance

jason carroll and mike galanos and sports illustrated and cnn senior legal analyst, jeffrey toobin. our thanks to all of you. stay with us. our own anderson cooper has an interview with dr. phil mcgraw. in 2 weeks. t i found a moisturizer for life. [ female announcer ] only from aveeno. [ male announcer ] got a cold? [ sniffling ] [ male announcer ] not sure what to take? now robitussin® makes finding the right relief simpler than ever. click on the robitussin® relief finder. click on your symptoms. get your right relief. ♪ makes the cold aisle easy. robitussin® has a new look, new simpler names, but the same effective relief. robitussin®. relief made simple. what's vanishing deductible all about ? guys, it's demonstration time. let's blow carl's mind. okay, let's say i'm your insurance deductible. every year you don't have an accident, $100 vanishes. the next year, another $100. where am i going, carl ? the next year... that was weird. but awesome ! ♪ nationwide is on your side >>> more now on the breaking news from penn state university. the legendary football head coach no longer

jeffrey toobin, what she's alleging would appear to be different from harassment correct? >> it's both harassment and potentially assault. when you push someone's head around, that can count as a sexual if that's what happened. >> let me ask you about something james carville just said. he is in a dead heat with mitt romney with one of the last polls. 54% of conservatives say they're not concerned about allegations of sexual harassment. >> herman cain never had any business running for president. this past weekend he did a debate with newt gingrich where he was asked about existing structure of medicaid. he completely drew a -- medicare rather. he drew a complete blank. it says something troubling about the party that the candidates who might -- who ought to be candidates, governors and senators are not the candidates and one front runner, mitt romney, is so mistrusted and disliked by republicans and meanwhile they keep flitting from people who are bound to have trouble in their baggage because they haven't gone through political process of being elected governor or mayor

we have cnn senior legal analyst jeffrey toobin and mike galanos and the professor who runs the penn state communications department who teaches a class called joe paterno, communications and the media. he started to cover penn state football in 1979. okay. jeff, toobining i want to start with you. looking at the headlines that came out today, you have a well-known respected attorney now confirmed that joe paterno has hired an attorney. why lawyer up? >> it's the only prudent thing to do. this criminal investigation is probably closer to the beginning than the end. new witnesses are coming forward. apparently new victims are coming forward. the attorney general, when she made her announcement, said joe paterno wasn't going to be charged. that doesn't mean he's not going to be charge down the line. plus, you have the absolute certainty of many civil lawsuits by these victims, by their families. he's going to neetd a lawyer for those. he's going to keep that lawyer busy. doesn't mean he did anything wrong, but he should have have a lawyer. >> professor, what's your take on this after t

we'll ask jeffrey toobin. keeping them honest. also ahead, a follow on calling ungodly discipline.and sometimes dying all their parents believe in the name of god. this is a 7-year-old lydia shotz beaten to death by her parents and hannah williams left outside died of hypothermia. a so-called how-to book how to train up a child found at the scenes. the authors say they can't be held responsible for the death. those stories and the ridiculous at the top of the hour. >> looking forward to it, as always, sir. >>> all right. what does the average american family spend $2,000 on a year? we're going to tell you next. no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink helps defends against occasional constipation, diarrhea, gas and bloating. with three strains of good ba

let's bring in jeffrey toobin and john avlon, cnn contributor. john, let me start with you. you live near the original encampment. no longer an encampment. you've been back and forth down there the past couple of days. >> the day of the eviction -- they really hunkered down with a pretty organized tent city. the next day, taken out. it's become a park again. the court order has said they're not allowed to bring back tents and sleeping bags. that's a challenge for the occupy movement in new york particularly. to ask themselves what's next. are they going to evolve and become a constructive political force or become a destructive political force which will lead to their declining poll numbers. the fact they're using the pedestrian bridge, that's a constructive step, as opposed to blocking traffic just to get a short-term headline. >> let me ask you, jeff toobin, because what are their rights? where does it come -- where is there a life if there is legally where you are allowed to protest and exercise your first amendment rights and then you're not allowed to because you're dis