jeffrey toobin in the "new yorker" law blog predicts that the united states supreme court will not take the case because of how narrowly it's crafted and drawn. i think it's hard to tell. >> and if they do they will be saying what? that we see an issue of constitutional law here? >> yes, they have to. they'd have to say we see an issue of constitutional law that is unsettled and i think one of the reasons why a number of legal scholars think the united states supreme court might not take it is because the united states supreme court decided a case call involving colorado, called roemer... >> rose: the gauche. >> colorado had taken away the power of localities to promote equal rights for gays and lesbians. and what the court said is that you can't take away a right if it's from a disfavored class and you take away that disfavored class and only that disfavored class and that's exactly what happened in california. because california... in california people had a right under state law, under the state constitution, to get married. and proposition 8 took that away. so that is a distinction

we'll bring in jeffrey toobin and tom fuentes. tom, the complaints is a tip led to the fbi work. how do they taerm this one warrants serious attention? >> that's right. they get thousands and begin to look at every single one to see if there's any credibility or any possibility of truth in it. and fortunately, they weed out 99.99% of those reports as being unfounded or made up by somebody to get somebody else in trouble. so when they get into an area where the subject, where it takes on credibility, where they start to believe this guy really means it, he's going to try to do something, he's looking for someone to help him assemble an explosive or obtain the fire arms, provide the assistance he needs to carry it out, that's when it takes on the much more serious aspects of the investigation. >> and tom, you have great sources in the bureau. are they convinced this is a lone wolf and there's nobody out there who is part of the operation? >> yes, and that's something that is a key factor for them to determine when to take the case down, when to allow the subject to finally be arres

jeffrey toobin talks about that. the knew details of the criminal charges just emerging and brian todd's got new details tonight. what have you learned about this suspect and his alleged plot? >> reporter: well, john, the details that we're getting indicate that this man, this suspect, identified as am meean elkhalis si. when he thought he was working with al qaeda operators but were really fbi and other law enforcement undercover agents. one of the most extraordinary details we got when he seemed to change his plans from first wanting to allegedly bomb a restaurant in washington, d.c. to then potential wanting to hit a military installation, to by mid january, amending those plans to wanting to detonate a suicide bomb inside the united states capitol, or on the grounds of the capitol, possibly in the visitor's center. that was the details we read in these court documents. when he amended those plans to want to hit the capitol, he went to a quarry, and tested out a bomb. dialed a phone number that he thought would de

senior legal analyst jeffrey toobin has more on the story. let me ask you what does it mean. done? >> this is what it means. remember raymond donovan, the secretary of labor under ronald reagan, he was investigated for years. and he was cleared and asked a famous question. he said, where do i go to get my reputation back? who do i see about that? it's kind of a haunting question for those of us who cover and report all these accusations. he has been investigated for years. nothing has come of it. this investigation is over. >> there are people who will always believe he did it, it affected his reputation. >> it will, and it's not fair. this guy is cleared. it's done, it's over. >> so this is then the deciding that he's innocent, not that they didn't have enough facts. >> the justice department never says anyone is innocent. they're not in the bgz of providing clear health. they're saying we can't find proof beyond a reasonable doubt that person x did thing y. as journalists, as citizens, i think the only thing we can conclude is there's nothing there. >> are they going to apo

jeffrey toobin is here. what does that mean? is it done? >> this is what it means.ymond donovan, the secretary of labor under reagan. he was investigated for years. >> going back to the gregoirian calendar. >> he was cleared. he asked a famous question. where do i go to get my reputation back? who do i see about that? it's a haunting question for those of us who cover and report all these accusations. lance armstrong has been investigated for years. nothing has come of it. this investigation is over. >> there are people who will always believe he did it and affects his reputation. >> you know what, it's just not fair. this guy is cleared, it's done, over. >> this is not saying he's innocent, didn't have enough facts. >> the justice department never says any is innocent. they don't provide bills of clean health. they say we cannot prove person x did y. the only thing we can say as journalists, the only thing we can conclude is there is nothing there. >> will they apologize to him? >> they don't do apologies. they don't. i'm i'm a former federal prosecutor myself. cas

senior legal analyst jeffrey toobin has more on the story. let me ask you what does it mean. is this done? >> this is what it means. remember raymond donovan, the secretary of labor under ronald reagan, he was investigated for years. and he was cleared and asked a famous question. he said, where do i go to get my reputation back? who do i see about that? it's kind of a haunting question for those of us who cover and report all these accusations. he has been investigated for years. nothing has come of it. this investigation is over. >> there are people who will always believe he did it, it affected his reputation. >> it will, and it's not fair. this guy is cleared. it's done, it's over. >> so this is then the deciding that he's innocent, not that they didn't have enough facts. >> the justice department never says anyone is innocent. they're not in the bgz of providing clear health. they're saying we can't find proof beyond a reasonable doubt that person x did thing y. as journalists, as citizens, i think the only thing we can conclude is there's nothing there. >> are they goin

jeffrey toobin joins us to talk about that along with tom fuentes with new details just b those.hat have you lurjed about the suspect and his alleged plot? >> the details we're getting this man, this suspect identified as a 29-year-old moroccan national seem to escalate during the points in the operation when he was working with people he thought were al qaeda operatives but were really five and other law enforcement undercover agents. one of the most extraordinary details we got was when he seemed to change his plans from first wanting to allegedly bomb a restaurant in washington, d.c. to possibly wanting to hit a military installation to mid-january amending the plans to wanting to detonate a suicide bomb in the capitol or on the grounds of the capitol, possibly in the visitor's center. >> stay with us because a sting operation netted the guy, and often cases raise questions of entrapment. we'll bring in jeffrey toobin and tom fuentes. tom, the complaints is a tip led to the fbi work. how do they taerm this one warrants serious attention? >> that's right. they get thousands and

we'll bring in jeffrey toobin and tom fuentes. tom, the complaints is a tip led to the fbi work. how do they taerm this one warrants serious attention? >> that's right. they get thousands and begin to look at every single one to see if there's any credibility or any possibility of truth in it. and fortunately, they weed out 99.99% of those reports as being unfounded or made up by somebody to get somebody else in trouble. so when they get into an area where the subject, where it takes on credibility, where they start to believe this guy really means it, he's going to try to do something, he's looking for someone to help him assemble an explosive or obtain the fire arms, provide the assistance he needs to carry it out, that's when it takes on the much more serious aspects of the investigation. >> and tom, you have great sources in the bureau. are they convinced this is a lone wolf and there's nobody out there who is part of the operation? >> yes, and that's something that is a key factor for them to determine when to take the case down, when to allow the subject to finally be arres

our senior legal analyst jeffrey toobin is joining us with more. simply wind up at the supreme court, but not necessarily. >> you know, wolf, i think what makes the decision today so interesting, it seems designed to avoid review by the supreme court. it's a fairly narrow decision, very much tailored to the peculiar circumstances in california, where you had the california supreme court say that same-sex marriage was legal, proposition 8 overturning it. what the court said is those circumstances violated the constitution. the court said nothing about a university right to seismic marriage which presumably been would the issue of most interest to the supreme court. >> so if the supreme court doesn't take this case, doesn't hear the arguments, what happens practically as far as same-sex marriage in california is concerned. >> presumably the defense in this case will ask what is called the en banc, which is the full circuit. if the ninth circuit declines to hear the kay and there's snow supreme court review, then it's over. we'll know that if a few we

our own jeffrey toobin is standing by next tell a big lie can get you arrested. the u.s. court will not decide just how big a lie has to be before it's a crime. [ male announcer ] the cadillac cts sport sedan was designed with near-perfect weight balance from front to back... and back to front. ♪ giving you exceptional control from left to right... and right to left. ♪ the cadillac cts. ♪ we don't just make luxury cars. we make cadillacs. dave, i've downloaded a virus. yeah. ♪ dave, where are we on the new laptop? it's so slow! i'm calling dave. [ telephone rings ] [ sighs ] i need a new i.t. guy. [ male announcer ] in a small business, technology is all you. staples easy tech experts are here to help. you must be... ...dave. [ male announcer ] with everything from new computers, to set-ups, to tune-ups. stapes. that was easy. >>> the united states supreme court will hear a case that can't mean the end of affirmative action in the united states. the case started when a white student's application was rejected from the university of texas. she then sued the school and now

jeffrey toobin, thank you very much.usly, a very significant case that the supreme court is going to weigh in on and could affect an awful lot of students coming through the system. i want to hear from you on a story that we actually told you about earlier. should schoolteachers get free plastic surgeries? nip/tucks paid for by taxpayers. send us your thoughts, we'll read them on the air, up next. [ woman ] my boyfriend and i were going on vacation, so i used my citi thank you card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates. forty years ago, he wasn't looking for financial advice. back then he had something more important to do. he wasn't focused on his future. but fortunately, somebody else was. at usaa we provide re

. >> in a moment, we'll talk to jeffrey toobin on the words no harm mean from a legal standpoint, what no harm and no suffering means to people that lost loved ones, this's a different story. tiffany ellis brewer lost her sister. >> he's in jail for 18 years. she was 20 years old when she died and had her child laying in her arms when he shot her in her head. and he's pardoned? >> governor barbour going to pardon us for our aches and pains and heart ache we have to suffer? is he going to pardon a child that had to grow up without a mother? >> ran i can walker shot and nearly killed in the attack lives in fear the killer now free may come after him and the sister of joseph oz montd's victim and charity smith's parents all suffering tonight. despite requests, governor barbour will not come on this program. his law office sent a statement saying, quote, the governor's schedule will not accommodate an appearance. we'll keep asking. tiffany el blis brewer joins us shortly. ed lavendera is in mississippi. take us through what happened in court. >> reporter: it lasted about three hours and th

joining us senior legal analyst jeffrey toobin and randy walker. how did you find out that gatlin was serving as a trustee in the governor's mansion? >> i have never been contacted by the mdoc or anybody about that. the way we found out was the website for the department of corrections in mississippi. you can look up an inmate by last name or inmate number and i kept a check on david every time -- probably about every two weeks i'd look to see where he was. there for a for a while he was transferred between different facilities as a trustee and it was a shock when i saw in november of 2009 that he came a trustee at the governor's mansion. >> you knew, if he was a trustee at the governor's mansion you knew that was a road eventually to getting pardoned as other killers have in the past. did you try to contact him and tell them he should not be working in the governor's mansion? >> we tried to plead our case. when i found out in november, we tried for about four months before we got a meeting with lucien smith. one of haley barbour's legal advisers.

. >> we'll talk to jeffrey toobin on what the words no harm mean from a legal standpoint. what no harm and no suffering means to people who lost love ones, though. that's a different story. tiffany ellis brewer lost her sister. betty ellis lost a daughter. >> he's in jail for 18 years. she was 20 years old when she died. and had her child laying in her arms when he shot her in her head. and he's pardoned. >> governor barbour going to pardon us for our aches and pains and the heartheadache we have to offsuffer? is he going to pardon a child that has to grow up without a mother? >> then randy walker who was shot and nearly killed in that attack. he lived in fear that the killer may come after him. also the sister of joseph osment's victim and charity smith's parents all suffering tonight. governor barbour will not come on the program. we have tried multiple, multiple times, the law office sent us a message saying, quote, the schedule won't accommodate an appearance. let's check in with ed lavandera in jackson, mississippi. take us through what happened in court today. >> wel

also joining us is jeffrey toobin. >> how did you find out that gatlin was serving as a trustee in the governor's mansion. >> i have never been contacted by the mdoc or anybody about that. the way we found out was a website for the department of corrections in mississippi. you can look opan inmate by last name or number, and i kaunconsty kept a check on him. there for a while, he was being transferred around between different facilities, and it was quite a shock when i saw in november of 2009 he became a trustee at the governor's mansion. >> you knew that he was a trustee at the governor's mansion. you knew that was a road to getting pardoned as other killers have in the past. did you try to contact theme, tell them he shouldn't be working at the governor's mansion? >> we tried to plead our case. when i found out in november, we tried for about four months before we got a meeting with lucien smith, one of haley barbour's legal adviser. it was pretty much a pat you on the back meeting, listened to what we said, said, yeah, that's not going to happen. he's a trustee, live with it. that w

. >> also a big thanks to jeffrey toobin who you thought i was going to get a bill league argument out of. >> we agree. >> thanks to both of you. thanks to both of you. >>> moving on, democrats have tapped a man that they want to lead their national convention this fall. so what does the l.a. mayor have to say about the big new role that he has taken on and what can he do for the democrats in their big battle for the white house. we're going to talk to him? just a moment. citracal maximum . it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. [ horn honks ] [ dog barks ] [ dog whimpers ] [ wind whistling ] [ dog whimpers ] discover visine® tired eye relief with hydroblend™, only from visine®. just one drop instantly soothes and revives tired, overworked eyes. and comforts them for up to ten hours. visine® tired eye relief. try now and save $3. >>> well, there certainly are surprises in the north part of this country. mitt romney's home town of michigan is not exactly showing the love. that

so while we wait on the ruling, i want to bring in our senior legal analyst jeffrey toobin.entially what is at stake? >>> this is actually a simple situation here. the decision today will determine whether same-sex marriage is legal in california. those are the stakes of today's decisions. the implications may be bigger, but today's decision by the ninth circuit court of appeals will solely determine, it's a big state, almost 40 million people, whether same-sex marriage exists or shall exist in the state of california. >> so jeff, is today's ruling by the ninth u.s. circuit court of appeals the last word on whether gays will be able to marry in the state of california? >> probably not. there are a lot of legal mac nations left to spin. this is a three-judge panel of the ninth circuit. the losing side, whichever side it is, will answer a choice -- will they appeal this to the full ninth circuit, a bigger group of judges, or will they go to the united states supreme court? the united states supreme court has never ruled on whether there's a constitutional right to same-sex mar

cnn's senior legal analyst jeffrey toobin joins me now from new york. are you surprised by today's decision? >> well, i'm not surprised by the result. given the background of the two judges in the majority, given the way the oral argument went, it is not a surprise that they struck down proposition 8. the way they did it is somewhat surprising, and, frankly, a little confusing. >> what about the supreme court? >> i think the way they decided this case makes a trip to the united states supreme court less likely. the two judges in the majority very much limited their ruling to the peculiar circumstances of california. california had a california supreme court decision which said same-sex marriage was legal. as you pointed out earlier, about 10,000 couples got married. then proposition 8 ended same-sex marriage in california. what today's ruling in the ninth circuit said was, that unusual set of circumstances, granting, and then taking away the right to same-sex marriage, that was unconstitutional. the court very explicitly did not say that the consequenti