joining me with special insights on the legal angles on this are cnn senior analyst jeffrey toobin andm houston, former military lawyer and now professor at south texas college of law, jeffrey corn. colonel, i'd like to begin with you, if i may. i just want to get your feelings about what you've been seeing and hearing thus far as the story continues to develop on the circumstances that bow bergdahl right now finds himself in. >> well, i think it's very clear in the reintegration program there's going to be efforts to find out what happens. he potentially committed violations and arguably violations that led to the loss of life of members his of own unit in their efforts to recover him. so there's no doubt in my mind that there's going to be a very deliberate and careful effort to develop the facts, although that also raises complicating issues related to whether or not he is entitled to a miranda-type warning under the military code. which might lead him to say he doesn't want to talk about it at all. >> and if that is the issue and if he is not talking about it at all, i'm only guess

jeffrey toobin as well, the author of "the run of his life: the people v. o.j. simpson." torney carl douglas who represented simpson in his criminal trial. jeffrey, there is video of a young jeffrey toobin, i want to take you back to the trial. you're in the courtroom, you sat behind the goldman family as the verdict was read. what was that verdict like? >> it was like nothing that i've experienced before since. it aged me, obviously. the going through it. i was stunned. i remember the jury was out only for one day. and just to lay my cards on the table, i thought then and i think now o.j. was completely guilty of killing those two people. and i thought the jury got it wrong. and i was horrified, frankly. and then to compound the outrage of the day, we saw how the public reacted. we saw the incredible racial divisions, black folks cheering the verdict, white people appalled, which somehow made the whole experience both more important and more depressing because it created a political -- >> you were in the courtroom. you didn't see that. those of us who were watching, you k

jeffrey toobin, jonathan turley, pamela brown. thanks to all of you.right back. ll them anu feel like saving money. it don't matter, day or night. use your computer, your smartphone, your tablet, whatever. the point is, you have options. oh, how convenient. hey. crab cakes, what are you looking at? geico. fifteen minutes could save you fifteen percent or more on car insurance. yeah, citi mobile. pay the dog sitter? and deposit that check? citi mobile. pack your bathing suit? wearing it. niiice bank from almost anywhere with the citi mobile app. radio announcer: it's mattrebulldog:unters that cloud reminds me of... radio announcer: a queen size serta pillow top mattress... bulldog: that's it! radio announcer: now on sale for just $597. bulldog: that's a ringer of a deal! radio announcer: mattress discounters 4th of july sale ends soon. >>> we've already seen two big decisions froms u.s. supreme court come down today, but this is the ruling that everyone is waiting for. will hobby lobby, a christian owned company, be forced to provide emergency contracep

i'm jeffrey toobin. quote, rarely has a u.s.wrong about so much at the expense of so many, unquote. that's from former vice president dick cheney talking about president obama and iraq. and some people are saying, pot, kettle? it's an understatement to say dick cheney is still a polarizing figure, and the questions remain. is cheney a reliable source on iraq? should you listen to what he says? and there's this question. does he damage national security by saying it? joining me now to discuss that is in new york cnn military analyst and retired lieutenant colonel rick francona and here in d.c. count injury terrorism analyst phillip mudd. dick cheney's given a lot of interviews lately and one was with charlie rose. here's the exchange. >> you've heard this at every interview. here comes the guy who's responsible for a lot of the bad things that went wrong in iraq, now wants to come in and point the finger to the obama administration for the situation we have in iraq today. and they often even say how dare he step forward to do tha

cnn's legal analyst jeffrey toobin and sunny hostin are with me.ny, i know where you stand on this. we were already debating during the commercial break. i looked at that instantly and i saw the typical 5-4. typically kennedy is the swaying voter. i rarely see it as a gender issue. sure, there are gender issues involved in this issue. but why is it specifically when you looked at the opinion you zeroed in on that? >> the fact you have all three female justices voting together. while they do vote together often, when you look at the wording and the language of this particular decision, which was written by justice ginsburg, women's rights issues are peppered throughout. she started off in her dissent saying this has startling breadth. while the majority of the decision seems to suggest the narrative should be very narrow, she's saying, huh-uh, this is a hugely important decision. it has startling breadth. she says women of child bearing age spend 68% more in out of pocket health care costs then men. she go on to talk about how health care decisions

i'm not exactly sure what steps he can take, jeffrey toobin. >> i don't know either.'s one of the things we're waiting to hear. it may simply be he tells his staff, come to me with recommendations. but that is -- it's -- it may be easier said than done, because he has already pushed the limits of his authority in certain areas. the dream act was very controversial. the law that said children who came here as very young citizens -- as very young people could -- who had easier path to citizenship. he put in part of that through an executive order, which is regarded as very controversial by many republicans. that was an immigration act he could take on his own. is there -- are there further acts that he could do on his own? i suppose there are. maybe we'll hear some today from him. >> right. and this is also his way, honestly, of using the bully pulpit, literally, and saying to the american public, i have tried. ihave not gotten anywhere. house speaker john boehner has just told me that the house has no intention of taking up immigration reform. we have a crisis at the b

. >> and you know, jeffrey toobin did something the other people didn't do. he didn't diminish the evidence. he didn't belittle himself. but he really broke it down in a way that was palpable for us. >> one of my favorite guests. >> i remember, mike, co-explain very difficult forensic evidence, you know, in a very, very, sort of like how sue does the weather forecast, complicated storm. she breaks it down. this is what it means to you. and jeffrey toobin really began that way of legal -- >> and still works for cnn to this day. >> ya. >> i'll be darned. wow. >> are you going to mention my favorite? >> who? >> faye resnick. >> oh, my goodness, i forgot that name. >> remind me who fay was, a friend of nicole, right? >> yes. remember, there was plenty of accusations thrown her way, drug abuse, and all kind of things. and that was the other thing about this case. is that they didn't want to victimize the victim. remember this? we heard this so many times. >> yep. >> and again, there was this mountain of evidence, that nicole was long the victim of domestic abuse.

and jeffrey toobin is also with us. pam, we want to start with you the scene of where this all played out. obviously, this is one of the biggest and most anticipated rulings. it was the one left for last. a little bit of drama before they end their session. >> so much anticipation for this ruling today. it is the final day of the public session. the crowds were out, demonstrators on both sides of this issue, issues combining abortion, religious liberty, obamacare, corporate rights, all into this one ruling, and today we heard the ruling from the majority, the five conservative justices ruling in favor of hobby lobby striking down this key provision in the affordable care act requiring closely held family owned companies to provide comprehensive coverage of contraception to its employees. now the two companies that brought this case forward argued that four types of contraception in particular violated their faith because they equate it to abortion and they said that they should not be forced by the government to provide

i'm joined in the studio by jeffrey toobin and gloria borger. jeffrey, president obama explaining all the executive actions he has been taking, saying he would prefer not to, but he does it when congress doesn't act. >> right. in fact, one of the lines that jumped out at me, and i'm paraphrasing, i take these executive actions when we have a problem and congress refuses to act. el with, that's not necessarily the way the constitution set it up. he can only act when article 2 of the constitution says the president has the authority. he can't allocate money. he -- he can allocate money that's already been appropriated by congress, but he can't appropriate money himself. so he is trying, potentially, on treacherous legal grounds here. and he did say, for example, i'm telling the department of homeland security to move resources from the center of the country to the border. clearly, within his power. >> sure. >> no doubt about that. but once you start new initiatives, it gets a little more dicey legally. >> and floor i can't gloria, president obama

thank you very much, jeffrey toobin. coming up, love behind bars.ho fall in love with convicted murders. meet a coupe whole met while he was on death row. now they're building a new life together. >>> but first, cnn's the orange series "the sixties." watch tomorrow night 9 eastern. >> we will prevail in vietnam. >> 14,000 american dead. the war in vietnam has become the most divisive in 100 years. >> what vietnam did is introduce us to a new kind of america, one that was not pure. >> can't expect to do your job and feel pity for these people. >> the vietcong and the north vietnamese didn't play by our rules. >> they're being killed and why? >> i don't think we can get out. >> we started to distrust your own leaders because you started to say well, they're lying to us. >> i can assure you that we intend to carry on. ♪ >> as the casualties mounted, that was turning the public in this country against the war. >> david millie publicly burned his draft card. >> lyndon johnson realized he was no longer in charge of the war. the war was in charge of him. [

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and jeffrey toobin and leslie sanchez. unbelievable. came as a shock to just about everyone., ben ferguson. did anyone predict this loss? >> i don't think anyone definitely predicted it, but there were indications this was very possible in the last several weeks. when you saw ralph hall lose in a seat in texas. he was the oldest sitting seat in texas. they didn't they he was leading enough in congress. and he lost to, a lot of people said it was a no-name. and that's when a lot of people were like, holy cow, if that guy can lose after 30-plus years in congress, eric cantor can sure be the possibility of a loss. and i think he took his seat for granted. he did not do what he needed to do in his district. he cared too much about being a gop established republican. >> ann coulter had this to say about how immigration will affect the republicans going forward. take a listen. >> i wish it would have the effect of republicans waking up and seeing that this is a winning issue for the republicans. and not just with the republican base. we're talking about african-americans being hurt

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joining us from new york, our chief legal analyst jeffrey toobin.bya wants him, is it okay for the u.s. legally to send in special operations forces, fbi agents, go into libya, snatch him, put him on a boat in the mediterranean and bring him back to the united states? >> that's up to the united states. the libya and the united states can have a diplomatic dispute about this. but a defendant himself cannot go to court in washington, d.c. where this case is going to be prosecuted and say, oh, i prefer to be prosecuted in libya. he is he has no challenge, he has no standing to challenge this. he has no right to object. >> the fact is, there's so much chaos in libya right now, there's a semblance of a government but not much, as we all know, those of us who know what's going on in libya. also, u.s. officials say khattalah has not been read his so-called miranda rights on that ship or after he was captured. republicans say he shouldn't be read his miranda rights so he can be integrated. how does this all fit in, if he's not going to guantanamo, there won

we also have our senior legal analyst jeffrey toobin and chief political analyst gloria borger here in the studio. i want to begin with pamela down at the supreme court. so the court said its ruling applies only to closely held companies. i was looking at the definition here. companies with more than 50% of their value held by five employees. how does that distinction work? >> yes, absolutely, jim. so think family owned companies. closely held, for profit, family owned companies. not a big publicly traded company like fedex. that's what the justices said in the ruling today. the ruling applies to these closely held company. it doesn't necessarily mean they have to be small. important distinction. you look at hobby lobby, it's an arts and craft chain with more than 13,000 employees nationwide and more than 500 stores nationwide. but today the majority, the five conservatives, saying essentially that these closely held for profit companies should be afforded the same religious liberty rights as individuals under this 20-year-old federal law called the religious freedom restoration act. s

joining me now on the phone, cnn's legal analyst jeffrey toobin. jeff, you heard pamela just now.t law enforcement was advocating. is there an exception? for example, when, perhaps, either public safety or officer safety, may be at risk. >> well, that's something the courts will undoubtedly be dealing with as this ruling comes into wide use. i think the principle is very clear. as i think most people know, when someone is arrested, the police pat you down. l they look for any weapons. they make sure they or the public is not at risk. if you find a cell phone in the course of that patdown, which of course is very common, most people now have them, is you can't just rummage through it. you can't look for texts. you can't look for a record of phone calls. you can't look for internet searches. unless you get a warrant first. because the supreme court said it is not a matter of public safety. to look through someone's -- to look through someone's phone calls right away. all you need to do is check if that person has a weapon. once you know they don't have a weapon, then you have to get

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. >>> let me bring in jeffrey toobin, our senior legal analyst.and the signing statement. you've gone through it. did the president break the law? >> i think he clearly broke the law. the law says 30-days' notice. it's true he issued a signing statement but signing statements are not law. it's the president's opinion about what the law should mean. now, it may be that the law is unconstitutional, a violation of his power as commander in chief but no court has held that. the law is on the books and he didn't follow it. >> president bush used to do these signing statements that there would be a violation of what he signed into law saying that if he determines, as commander in chief, he could go ahead and do it, it's okay, even though thatting negates the la the land. >> presidents since president roosevelt have issued timing statements but liberals were outraged by george w. bush's signing statements. they think that he was deciding which laws he was going to follow and which ones he wasn't. >> was president bush break the laws, too? >> certainly th

i'm jeffrey toobin. we have a lot going on this week. rather on the big changes in network news this week. >>> first, did you see this? matt lauer's interview with the first female ceo of general motors, mary barra. check out these questions and answers. >> i'm going to tread lightly here but you've heard this. you got this job because you were hugely qualified, 30 years in this company, a variety of different jobs, but there are some people who are speculating that you also got this job as a woman and as a mom because people within general motors knew this company was in for a very tough time and as a woman and a mom you could present a softer face and softer image for this company as it goes through this horrible episode. does it make sense or does it make you bristle? >> well, it's absolutely not true. you know, i believe i was selected for this job based on my qualifications. >> you're a mom i mentioned, two kids. you said in an interview that your kids said they're going to hold you accountable for one job, and that is being a mom.

cnn legal analyst, jeffrey toobin. >> oh, i think he clearly broke the law.0 days' notice. he didn't give 30 days' notice. >> it comes with some surprise and dismay that the transfers went ahead with no consultation, totally not following the law. >> reporter: the president, of course, disputes this. >> i am the father of captured u.s. soldier bowe robert bergdahl. >> reporter: and then there's bergdahl's father. which leads to question number five, did he send this tweet directed to a taliban spokesman, "i am still working to free all guantanamo prisoners. god will repay for the death of every afghan child." the comment was deleted shortly after it was posted. cnn has no way of independently confirming the authenticity. >> it turns out, he's one of ours. >> reporter: it's a story with so many subplots that no wonder many are comparing bowe to brody on "homeland." >> i am an american. >> reporter: this drama, however, is far from over. dan simon, cnn, san francisco. >> appreciate that, dan simon. all of those unanswered questions have turned bowe bergdahl's s

. >> this is jeffrey toobin's dream come true. we have another one we want to talk about as well. the court handing down a key free speech case. it strikes down the massachusetts law that restricted protesting about abortion on the public sidewalks 35 feet within a buffer of an abortion clinic entrance. so pamela brown, this is a unanimous opinion, which might surprise some. it's about free speech. take me inside the opinion. >> that's right. it's a unanimous ruling, but it's also a narrow ruling. essentially, the justices today saying that the commonwealth of massachusetts, the law that the commonwealth has requiring 35 feet buffer zones outside of reproductive clinics that provide abortion are constitutional saying that it violates the free speech rights of the anti-abortion protesters. important to note here. the whole reason they have the 3 35-feet buffer zones is to protect the safety of the patients because in the past in the commonwealth there have been violence outside of these reproductive clinics. however, the justices said it's too big. you can still go back to the draw

cnn senior analyst jeffrey toobin knows a lot about constitutional law. former navy s.e.a.l.and afghanistan combat veteran chris heben who knows a lot about these kinds of attacks. and also cnn commentator, legal analyst, mel robbin, a lawyer herself. jeff, i'll start with you. this is a big memo and you have read it thoroughly. it doesn't seem to be the legalese that i expected would come out to make the case for a summary execution of an american citizen who, up until now, i kind of thought enjoyed constitutional protections. >> i actually thought it was a pretty straight-forward memo. the heart of the memo is, stripped of its legalese, we have authorized, congress has authorized the use of military force to fight al qaeda all through the middle east. you don't get immunity as an american citizen if you join up with our enemy. he was a military figure on the al qaeda side. so he was a legitimate target. that's the core of the argument and the memo. >> chris, i don't know how much you're allowed to say, given the years that you spent, doing the kind of work that you navy s.e

joining us is senior research scholar eugene fidel and jeffrey toobin. >> you think the president broke law by not notifying congress? >> no question. the law couldn't be clearer. you have to inform congress within 30 days of a release from guantanamo and they didn't do it. >> but the administration was saying it would interfere with the functions assigned by the constitution protecting american lives and american soldiers. >> well, if the president felt that way, he shouldn't have signed the law in the first place. what he tried to do was the same thing president bush tried to do which was finesse the issue saying i agree with this part of the law. that's not how the law is supposed to work. and i think he's now gotten caught up in the fact that he didn't follow the law and now he has to apologize for it. >> eugene, you disagree. you think his powers as commander-in-chief trumps the statute. >> yes, i do. the constitution gives the president the responsibility of being commander-in-chief of the armed forces. what happened in this case is an exercise of the president's core functions as

russell burrman, congressional reporter for the hill.com and jeffrey toobin. and leslie sanchez, author of "why hispanics and need each other." first, ben, did anyone predict this loss? >> i don't think anyone predicted it. but there were indications that this was possible over the last several weeks. when you saw the oldest sitting member of congress, he didn't have a bad vote that people would reprimand him on. they just didn't think he was leading enough in congress. and he lost to, a lot of people say, a no-name. that's when people were like, holy cow. if that guy can lose after 30 plus years in congress, eric cantor can be a possibility after loss. and i think he took his seat for granted. he did not do what he needed to do in his district. he cared too much about being a gop established republican. and it lost him his job. he they said he's had a couple of bad races. not in this one. >> ann koultier had to say about republicans going forward. take a listen. >> caller: i wish it would have the effect of republicans coming forward and see it is a winning i

this are justice correspondent pamela brown at the supreme court and also senior legal analyst jeffrey toobin. pamela i want to start with the issue of recess appointments. fascinating. this is a traditional executive end run around congress. what did the supreme court say? >> that's right. the supreme court unanimously ruling today, john and michaela, in favor of congress. it's a big defeat for the white house so this has been a high stakes power tug of war between the legislative branch and the executive branch for years. the president can use his executive power to temporarily appoint people into government positions while congress is in recess. in this specific case the president appointed three people to the national labor relations board, the nlrb, but the senate republicans said that they were in pro form a session where they hit the gavel and they claim that they were in session. that was really the heart of this. was the senate really in session when the president put these three people on the nlrb and today the justices said yes, for purposes of the recess appointments clause, the s

. >> one of donald sterling's attorneys joins me now along with senior legal analyst jeffrey toobin,lso former prosecutor. thanks for being with us. these are reports your client has hired multiple investigation firms to look into conduct of other nba owners in the league. can you confirm that? and if so, what's the reason? what's the point? >> right, thank you, anderson. first of all, i'm not going to talk or, you know, discuss speculation in the media that he's done something. i think the bigger picture here, the real issue is there's inconsistency in the conduct. hiring private investigators in the course of a litigation is something which is very normal, it's not spectacular. it happens all the time. but the purpose here is -- and i don't mean to confirm or deny any of this, but something we've been talking about for a long time is that the nba has come out and said, we are the ones to establish the standard. the standard is zero tolerance. but the problem is, their own conduct is inconsistent with that. so if you're going to apply a standard to donald sterling, you should apply

jeffrey toobin, let me bring you in from washington today. our legal senior legal analyst. toobin, first question on this whole bowe bergdahl story. the army is saying bergdahl doesn't have a lawyer, hasn't been read his rights. but they're also saying today that anything he says and we know through these medical teams he's being encouraged to tell his stories over the last five years. could this be used against him later? is he even aware of this? >> well, it's possible. you know, this whole situation is so murky, and you know, i just think people need to take a step back and recognize that this is someone who was, you know -- effectively a prison of war for five years, just released and suddenly all these people in the press attacking him. what the army is trying to do, and it seems like the right thing, is get his head together as much as possible. deal with his physical and mental condition. yes, it is theoretically possible that he could be prosecuted down the line. but i think the army is focusing on his mental and physical health, and yes, it is possible that they co

>> and as jeffrey toobin just nailed it, how do you find the evidence?ny other questions as well. by the way, i jean, i just want to draw our viewers' attention to the right-hand side of the screen. we are still watching for the president to come out and give his briefing after this big national security meeting. he's a little bit later than expected. who knows if that means that the meeting was more contentious than he expected. i'm not going to draw any conclusions there. but clearly the pentagon with a very big proposal to send 100 special forces over to iraq. that mean boots on the ground, folks. and we're not sure whether that's exactly what the president will address or what that very high-level national security meeting, there may be more to it. we're watching that. meantime, jean, i want you to dovetail out of that report the significance of this, trying to try someone like this, evidence that's 70-plus years old. not only that, but the notion that this isn't the first time there's been an effort to bring this man to justice. >> that's right. >>

policy director at the judicial crisis network, nor na tannin and cnn's senior legal and nis jeffrey toobinrrie, talk about where this all ends up. this was a decisioning about two types of morning after pills and two types of iuds. but what about the individual who has religious objections to regular birth control pills? >> well, this case deals with a closely held corporation, a family business that has been built for 40 years and now they don't want to have to choose between following the law and following their conscience. this can apply to other situations. the court has to baens the interests of the state and the interests of religious freedom and in this case, the government has already developed ways where they could cover account cost of contraceptives so women would still be getting free contraceptive coveraging >> you disagree. >> you know, first of all, 90% of companies in america are closely held. this isn't like a small decision. hobby lobby has 10,000 work persons that's just one. this is going to apply to millions of women potentially. the truth is the court i think was here

jeffrey toobin, senior cnn legal analyst and former federal prosecutor is here to discuss. figure out if icahn passed along non-public information to this vegas gambler and he and mickelson were able to benefit. how difficult is it for that to establish? that's the whole core of the case, right? >> these cases are very hard to make because of a simple reason. it's not unlawful to get a stock tip and trade on it and make money. what is unlawful is if you, as the recipient of the tip, the so-called tipee, the receiver of a tip, know that the information you're receiving is improper, is insider information. it's very difficult to prove on the part of a stock buyer, a tipee mike mickelson that he knew the information he could he shouldn't have had. at least that is what seems to have stopped this investigation. remember, this stock trade was in 2011. the fbi has been investigating it for a long time, and they haven't been able to make a case. >> and still, and the fact that this all kind of leaked out before any charges were filed. is that a big problem for this probe, the fact

. >> and rachel nichols, host of "unguarded" is joining us along with don lemon and jeffrey toobin. you think this is going to be a deal, rachel? what do you think? >> i'm not sure you can be overly cautious with donald sterling. i think he's being smart. donald sterling's lawyer has said, hey, we agree to that. shelly sterling has agreed, hey, we agree to this and that will buy you a phone call or cup of coffee, maybe. until you get the piece of paper in writing saying, hey, this lawsuit has been withdrawn and all of the paperwork is signed off on, i wouldn't believe it either and it's interesting to hear the commissioner of the nba saying it, hey, everybody, hold your horses, we've got to wait until all of the t's are crossed and i's are dotted because we've been here before. >> don, i know you've been skeptical about this deal with donald sterling from the beginning. what is your take? >> i take it rachel is not buying a coffee from a starbucks because it cost as lot more than a quarter. listen, i've said all along, wolf, you guys have been listening to me. i don't trust him. he

right now this billion dollar lawsuit is against the nba and there's a lot of legal experts, if jeffrey toobin was here, he would say that he's not going to win that battle. however, if he's fighting with shelly in the courts, which he says he doesn't want it to come to that but in the past he has said everything so you can't count on anything that he says, if he does start to fight with shelly and can prove somehow that she did not have the right to declare him incompetent and sell the team on her own, then the whole thing could unravel. this is going to be very big if he turns around and makes that pivot. >> you also heard him suggest that if the nba were to walk away from the $2.5 million fine they imposed on sterling and the lifetime ban, then there could be a sale, there could be a deal. the team was sold to steve ballmer for $2 million and is that something that the nba can accept? >> you know, i don't know at this point. i'd hate to say if i were the nba, i'd do whatever i needed to do just to get rid of -- >> no. >> listen, though. >> no. >> you know where i've been. i was going to sta

let's dig deeper on this and more joining us senior legal correspondent jeffrey toobin.brand-new article on ted cruz in the new issue of "the new yorker"" magazine. plus ourply commentators, republican strategist ana navarro and democratic strategist donna brazile. ana, let me get your reaction first. democrats trying to downplay their wealth. what do you make of this? >> this is a discussion that no strategist wants to be having. if you don't believe me, ask the mitt romney strategist. it is a losing argument. when she first started doing these things, i thought she's rusty. at this point, i'm thinking she's got foot in mouth disease. because she's now the taking several shots at trying to explain this issue and she keeps digging the hole deeper. it's fascinating me that her husband who lives in the same rarified air who's made as much money be they're joint assets, yet he has the political gift of making you feel like he feels your pain. hillary clinton just seems to not be able to get it right. >> donna, react but i want to quote what you told "the washington post." i

our senior legal analyst jeffrey toobin is here not often that there's a unanimous decision.is pretty significant setback for the white house. >> definitely because the republicans in the senate have held up a lot of the president's appointees. one way he responded was through the recess appointments. what the court said unanimously today is what you president obama calls a recess is not really a recess. so those appointments made in this case specifically to the national labor relation board are invalid and all the actions taken by the nlrb during that time are invalid. >> that's a huge deal. it's unconstitutional. but all presidents have done what are called these recess appointments. let me put up on the screen, reagan did 240rks george h.w. bush 77, bill clinton 139, george w. bush, 171, barack obama only 32 so far. some notable recess appointments include the late president when he was a general, dwight eisenhower, the justice thurgood marshall is, earl warren, alan greenspan, the former federal reserve chair. the supreme court today said there are recess appointments an

let's bring in chief political analyst gloria borger, senior legal analyst jeffrey toobin and completelyadienator ryan lizza. so jeffrey, you've got the majority saying this is a narrow ruling. is it really? you're hearing all these other concerns we hear pam bringing up. >> certainly it is broader than anything we've seen before. before today, the supreme court had never even said corporations have the right to freedom of religion. that is clearly established now. and now the court is going to having to define how broad that right is. who can exercise it? is it just a corporation controlled by a single family or what about other for profit privately held companies? and how much religious freedom can they ask for? contraception, these four areas. what about other forms of contraception that many religions have auction to? blood transfusions, cristian scientist who have objections to broad ranges of prekd medical treatment. >> so many political figures weighed in about this including hillary clinton while on the decision while at an event in aspen. shears what she said. >>. >> it's very t

joining us alsos are jeffrey toobin and chief political analyst gloria borger. >> what a shocking developmentday, gloria. >> as joe was saying is, it's tragic. this was such a bitter divisive ugly race in every way and this development is just one more kind of twist in, you know, a race that was ugly from the start. and you know, where pictures were taken of thad cochran's wife who suffers in a nursing home and then were posted. so i think it's just a sad story, wolf. >> jeffrey, what do you make of it? >> how about how revolting what chris mcdaniel is doing. his whole argument at this point is, i lost because black people voted. isn't that awful? >> i was robbed. >> what kind of message is that if you are trying to appeal to a broad group of people. by the way. >> it's not. >> he lost by 7,000 votes. i mean, it wasn't even that close. i mean, the guy is obviously a sore loser, looking to damage the republican party. >> jackie, do you think he's got a shot of overturning this election because that's what he's trying to do? >> flow, i don't think so. when you talk to some of his supporters the

. >> jeffrey toobin, always wonderful to talk to you. especially in a pinch like this., and for your expertise. >>> coming up, we're staying on the breaking story. i'll talk to a speech expert talking to me about the notion that bowe bergdahl lost some ability to speak his native tongue, speak english while in afghanistan. but first, we'll talk about slender man, this scary character on the internet that allegedly led these two 12-year-olds to try to murder their friend at a sleepover. where did all this begin? we'll look into that, coming up. you're watching cnn. ♪ so nice, so nice ♪ sweet, sweet, st. thomas nice ♪ ♪ so nice, so nice ♪ st. croix full of pure vibes ♪ so nice, so nice ♪ st. john a real paradise ♪ so nice, so nice ♪ proud to be from the virgin islands ♪ ♪ and the whole place nice [ female announcer ] to experience your virgin islands nice, book one of our summer packages today. virgin islands nice, ♪ ♪fame, makes a man take things over♪ ♪fame, lets him loose, hard to swallow♪ ♪fame, puts you there where things are hollow♪ the evolution of luxury continues

so senior legal analyst, jeffrey toob toobin, is in washington to explain here what the court found that>> you know, brooke, germany was a very tough team. there is no doubt that, you know, we played them close, and worry moving -- >> scotus -- >> i'm sorry, i'm a little distracted. i was like so involved in the game. >> it was exciting. >> the decision today is -- it's a big defeat for president obama. because there has been so much intransigence on the part of the republicans refusing to confirm his nominees to various positions. and now, not only can't he do it in the future, because the court has basically said the republicans can keep the senate in session, essentially as long as they want, the decisions made by the nlrb, when those -- those commissioners were in place, are now all up for grabs again and the nlrb has to look again. it's a big mess. >> new york city. their attempt to ban those big old, you know, sugary drinks. the state appeals court refused today to reinstate that ban. is that -- is this fight over? >> it is. because this was really a signature initiative of may you

cnn's senior legal analyst jeffrey toobin is joining us, also a former federal prosecutor. have the laws caught up with the digital age. this is an important one. this could have a big impact on everything we do on the internet. >> that's right. people are stupid on the internet. >> true. this guy was really stupid on the internet. >> and it's very easy to spout off on facebook, social media, you're just -- people are sitting there typing. everybody knows that comments on works of journalism are often very nasty. i'm going to kill that guy, that's terrible. and the question here is, is what this guy wrote about his ex-wife and others a crime. >> and how do the juchstices ta it up? it comes to this question of intent which sounds like that's tough for the justices to decide a sweeping rule on. >> well, the issue really is how do you judge the intent of the defendant. and the defendant argues here i didn't intend any harm. subjectively i didn't intend to hurt anybody. this was just rhetoric. the government argues, no, no, your subjective intent is not the standard. what would