here he is cnn's senior legal analyst jeffrey toobin. these issues with the hospital, the way in which they reacted and perhaps didn't react. with your legal hat on, where would this stand? >> the first thing in any legal situation is you need to know the facts. you need to know who was in charge. what they -- >> we don't have facts. >> that's right. obviously this nurse has a story to tell about what she regards as improper behavior by the supervisors at the hospital. it would be certainly important to hear their side of the story. also, the whole idea of suing someone is based on the idea of reasonable care. did the hospital exercise reasonable care? this is an extraordinary situation. we don't know what reasonable care is when it comes to ebola because no one in the history of united states had ever treated ebola before. >> that's pretty stunning. >> it's true. that was the first case in american history. >> that doesn't mean people won't try to sue. hang with me for a second. >> this is america. people sue all the time. >> this is fr

our jeffrey toobin is here, also, to talk about a bit of this legal dance, if you will, going on. good to have the two of you. jean, we've got to start with you. not only did she break the quarantine, she outright defied her? set the scene for us. did police follow her? did she say anything when she got back? >> reporter: she's a person of her word. she said she was going to do it on thursday morning if the state didn't change its position. what happened, we were out here and all of a sudden from the back of the house she and her boyfriend came, they had their helmets on with their bicycles. they didn't talk to anyone, they jumped on the bikes and they were off. about 55 minutes later they came back up from the other direction. but after they got back, the chief of police right here of fort kent maine spoke privately with them. i talked to him afterwards and i asked him, what did you say to them? he told me. he said he wanted to welcome her back to the community. he said they are concerned for her safety. he told me previously that people were saying really nasty things about her

also do we have jeffrey toobin with us as well? i'm sorry, we do have jeffrey toobin?ffrey -- no toobin. okay. i got it now, gloria, i'm glad you're with me. thank you so much for joining me. explain this to us. why is the u.s. supreme court intervening now? >> well, the u.s. supreme court is receiving cases pro and against gay marriage in a particular state and what the supreme court is saying now is that the idaho law was one that wasn't before and now it is. it's giving the other side time to address the issues that has been raised by its denial of grants earlier this week. >> so is this unusual for the high court to intervene on an emergency basis. >> well, the high court intervenes on emergency basis all the time, we just don't hear about it. this is a very controversial case so we're hearing about it as it goes up through the court. we were watching these cases across the country approaching the court through the appellate system, whether through the state court system or federal court system and these states for and against are waiting for the supreme court to t

let's bring in our senior legal analyst jeffrey toobin.t deciding to hear those appeals is a major decision by these nine justices of the u.s. supreme court. >> when the supreme court decides not to hear a case that's always very important meaning the lower court rulings stand and lower court rulings in all five of the states said that those states have to allow gays and lesbians to get married so as of today, these states are going to allow gay marriage. >> we got word that for example in utah and oklahoma, same-sex marriage now for all practical purposes is legal. people can start getting married in utah and oklahoma. also in virginia as of an hour or so ago, same-sex marriage is legal and they say that the federal appeals court for indiana and wisconsin is going to allow same-sex marriage in those states as well even though the legislatures in those states rejected same-sex marriage, the federal courts rule that those laws were unconstitutional because they violated the rights of same-sex couples and said you have to let these people ge

cnn's senior legal analyst jeffrey toobin joins me. there he is.an you explain why the rejection of this review will lead to these additional states allowing for same-sex marriage. >> here's the deal. what happened was three federal appeals courts held that there is a right to same-sex marriage. the opponents appealed and said reinstate the ban on same-sex marriage. what the supreme court did today was nothing. they left standing the rulings of lower courts that said these bans in the five states, which represents 11 states, those bans are gone now. this is not to say the supreme court couldn't down the road revisit the issue and say we will look at this issue and rule the other way but for the time being 30 states with more than 60% of the population all those states have same-sex marriage. >> that was my next question that you kind of answered. i wonder if this inaction/action would mean that this was it as far as debate at the u.s. supreme court. i think you're saying they can change their minds. >> in fact, there are some cases pending in court

senior legal analyst jeffrey toobin joins us by phone. so, jeffrey, why doesn't the u.s. supreme court want to rule on any of these cases? >> well, the supreme court doesn't explain when it declines to review so we have to infer the reason. but apparently they feel like the issue was s developing at a -- in an appropriate way in the lower court at the moment. there is no conflict among the lower courts, all the circuit courts that have addressed this issue have found that there is a constitutional right to same-sex marriage so they don't feel the -- the justices don't feel like they need to solve a dispute among the circuit courts at this point. but i think in real life same-sex marriage is now going to become even more available, although not yet in all 50 states. >> well the five states that asked the u.s. supreme court to rule were virginia, oklahoma, utah, wisconsin, and indiana. so if you're a gay couple married in these states, does your marriage stand? >> well, in most of those states they have not been allowed to -- yet to have same-sex marriage and i think as a r

jeffrey toobin writes about this issue in the new "new yorker."a prosecutor who said that hacking, obviously horrific, but no matter how damaging it is to the life of the victim, it's not a sex crime. i don't know if jennifer lawrence was using hyperbole or what. >> this is not a crime that cannot be prosecuted in a courtroom but certainly jennifer lawrence is right, if it's an egregious violation of privacy. they are violating copyright, people's property. if you can find them, you can force them to take the photos down. the interesting question is, can you force google not to link to these photos? and the answer is, no, you can't do that in the united states but you can in europe. europe has a different law on this. >> that's interesting. google told us, told cnn the following. "we have removed tens and thousands of pictures within hours of the requests being made and we have closed hundreds of accounts. the internet is made for many good things. stealing people's private photos is not one of them". the lawyer says more photos must still be remo

i want to bring in our supreme court head honcho jeffrey toobin. e understand this is better than anyone. jeffrey, as i see it, this has two immediate effects, where judges have ruled that same-sex marriage is legal, it's still legal and the supreme court isn't about to declare -- at least not this year -- any kind of national right to same-sex marriage. >> that's right. the one thing we know for sure is that there will not be a 50-state ruling same-sex marriage is required in every state in the union. what is complicated and, frankly, somewhat mysterious, is what happens now in the states where the lower courts have said ed "under our interpretation of the constitution, we believe there is a right to same-sex marriage." certainly in the five states you just showed on the screen, same-sex marriage will become law. but there are other states covered by rulings that were not brought to the supreme court which also say same-sex marriage should be allowed and those jurisdictions, i think it's a little more mysterious what will happen in the immediate fu

. >> joining me to talk about duncan's potential legal problems is danny cevallos and jeffrey toobin.of all, he was in a neighborhood that knowingly had cases of ebola. he lifted a woman, trying to get her to the hospital for treatment and was told, no, she's too far gone, took her back, and then he gets to an airport and then puts no on a form? that is problematic, to say the least. is this criminal intent? >> you know, i don't claim great expertise with the liberian justice s justice system but the idea that prosecuting their way to public health is some sort of good idea. look, he didn't have ebola symptoms, as far as we know, on a plane. what he said on a form in liberia is not going to make much difference here today. i just think is not very productive to figure out how he's going to be -- whether he's going to be prosecuted in liberia or not. >> what do you think, danny, about america? this is a very lit tij jous society. what if people said that he knowingly got on a plane knowing that he had contact with someone that had this disease? >> they can get them for apparently lying

i want to bring in cnn's senior legal analyst and former federal prosecutor jeffrey toobin as well as the legal director of the human rights campaign, the nation's largest lesbian, gay, transgender organization. jeff, first to you. some people are saying that they are surprised that the nine justices decided to take a path on weighing in on something that seems to be so critical in the american conversation right now. >> well, i'm surprised. and frankly, i'm pretty disgusted. i mean, what are they, busy? this is a big issue in this country. you've had courts all over the country issuing rulings on it. many state statutes have been declared unconstitutional. i think it was a dereliction of duty for them not to settle the issue for all 50 states. as you point out, a nondecision is a decision and same-sex marriage is going to become legal in a lot more states because of this nondecision. >> sarah, if you could just pick up on that. it seems a bit confusing for folks who hear news headlines about same-sex marriages banned and then attempts to overthrow bans and then challenges and then st

i also have jeffrey toobin good enough to stick around with me as well and we'll talk about legalities of this in a minute. she said this is in reaction to this judge overturning the quarantine imposed by the state of maine and mentioned three points she'll abide by. this good compromise she reached. what are those three points? >> reporter: they are, number one, direct active monitoring, which means that once a day a maine cdc official, health worker, comes to the home, asks her questions about how she feels and takes her temperature and just observes her. that will need to continue for the remainder of the 21 days. if she's going to travel at all in public transportation, she has to alert and work it out with the public health authorities here in the state. number three, if she gets any symptoms at all or feels anything, she must immediately contact the health officials in maine. i have to tell you, i was standing here minutes ago when she spoke, and she was so extremely gracious in person as you watched her talk and humbled today by the judge's decision. >> jean, stay with me. jeff

so the risks should not be overstated either. >> jeffrey toobin, great to see you. thank you. >> we'll take a quick break. up next, the secret service under fire for lapses of its handling of president obama's protection. are race and gender playing a role in the screw-ups? >>> also ahead, the young man who thought it was cool to violently kick a cat into the air, may end up cooling his heels behind bars for a long time. does the punishment fit the crime? we'll get some answers. ♪ t-mobile's network has more data capacity than verizon or at&t. it's a network designed differently. a network designed data strong. >>> so what role, if any, are race and gender playing in the level of protection that the president is receiving from the secret service? this week on "the view," whoopi goldberg wondered if the problems are all about race. >> i'm kind of shocked. i mean, the one thing -- you always see the secret service jumping in front of bullets. but somehow with him, they're like, oh, look, somebody is running on the road. you want to call somebody to get him? it's li it

once again, our justice reporter evan perez is joining us together with our senior legal analyst jeffrey toobinlyst tom fuentes, the former fbi assistant director. we were talking, jeffrey, what happens now to this guy? he's going to need a lawyer. there's going to be a proceeding. this is going to go on and on. presumably he shot and killed a state trooper in pennsylvania, he would be eligible for the death sentence. >> right. pennsylvania has -- it does have the death penalty. and given the circumstances here, it's at least possible that the federal government could prosecute him as well, and there's a federal death penalty as well. i don't want to get too far ahead. but certainly given the magnitude of this crime, and apparently premeditated murder of a law enforcement official, that would certainly be eligible for both the death penalty in pennsylvania, and in a federal prosecution, but, the key is, just to state the obvious, he's not going anywhere. he's not going to get out on bail. and the federal government and the commonwealth of pennsylvania can sort of who is going to prosecute him w

jeffrey toobin, and the former assistant fbi director, tom fuentes.e store where michael brown was allegedly in there with his friend stealing some cigars, that could be significant? >> i think it is significant. we heard the narrative that michael brown was a gentle giant. he's not aggressive. he wouldn't hurt anybody. in the video, you see him take on the store clerk that's about half his size, after stealing the cigars. he's confronted. he shoves the guy violently into the rack. starts to leave the store. that's not good enough. he turns around and comes back in menacingly toward the clerk and then leaves. that incident occurs about ten minutes before the encounter with officer wilson on the street. so he could have, in his own mind, thought that officer wilson was going to arrest him for the incident at the store. that would be a motive for being aggressive and wilson being caught by surprise. >> what do you make of that, don? >> i think it goes to state of mind. i think he's right, that's going to come up. when you're dealing with a grand jury, y

joining me now from washington, cnn chief legal analyst jeffrey toobin. so tell me about the new supreme court term, we are here on the first monday in october. >> well, what we know is what it will not include. is the final climactic battle over whether there is a constitutional right to same-sex marriage. in a surprise to many people, including me, i must say, the supreme court today denied serbary, in other words, refused to hear five cases where circuit courts of appeals had held that there is a constitutional right to same-sex marriage. so in fact, the decision today brings to 30 the number of states that will have same-sex marriage. but it does not issue a ruling for all 50 states about whether there is a right to same-sex marriage. so they're kicking the can down the road a little farther. but the direction seems to be clear. >> rose: and they're looking for the perfect case before they hear? >> i don't think that's-- that's it so much as they're looking to see, first of all, is there a conflict between appellate court rulings on issues. so far eve

joining us is jeffrey toobin, coy barefoot and tom fen tuesday.al major developments as we just heard at the court appearance in fairfax, virginia. what can you tell us about this psychiatric evaluation that was requested by his attorney? >> that evaluation request, wolf, was one of the big takeaways from this morning. it was a time of high drama during that entire hearing. as i was watching it, i was just thinking, holy cow, a very polite battle of wills of who will represent jesse matthew. the psychiatric evaluation coming now, my read on that is that it's sort of setting up a mitigation of guilt. that's not about guilt or innocence. that's about lessening the penalty of an expected guilty verdict coming this early in the process. mr. camblos named co-counsel, second chair, those of us who know jim know he doesn't play second fiddle very well. so it will be interesting to see if he accepts that arrangement long term. >> jeffrey, i want to pick up on that point. the judge asked that a public defender in fairfax serve as co-counsel. explain why th

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paul callan and jeffrey toobin is joining us. the state where we are in texas right now when the texas governor tries to reassure people in texas and now since we're on a national network across the country, the chance of someone contracting this disease is extremely rare. it's true. but don't tell that to the three people who have it in dallas, one is who dead and family members who are dead and don't tell that to all of the people who are now stuck at home from cleveland all the way to dallas and now presumably on a cruise ship as well and who are losing money and unable to go to work and are terrified as to what the answers to their questions are. >> ebola problems in america don't look like lots of americans affected with ebola. that's not what we're worried about. what we're worried about is the markets taking a dive. beyond the 70 people having immediate effects, we have my pension that is worthless today. these kind of reassurances, you're not going to catch ebola. i'm worried about my flights taking twice as long, worried

and we'll also speak to her attorney, steven hymin, as well as jeffrey toobin.ne person recording secret incidents of being harassed by men making lewd comment, all sorts of comments. she is speaking out to me, more on ridiculist. >>> and now, a marvel of film editing for its time in 1960, still a marvel, being recreated using pumpkins just in time for the week. here is jeanne moos. >> reporter: alfred hitchcock has never been presented like this. carved in a pumpkin that might drive him psycho. in honor of halloween there is a new take on that famous shower scene. matched practically frame for frame right down to the shower rings and shower head, carved in pumpkin by this brooklyn artist. >> if there is somebody out there who has carved more shower tiles than i have, i would like to meet them. >> reporter: she sat here for a couple of weeks carving 30 frames from the classic scene, frames like the one showing marion crane's eye. she carved us a new eye, ouch! >> sorry, marion. >> reporter: she calls her three-minute video psycho-lantern, she is no pumpkin waste

jeffrey toobin talks about the definition of undue burden. the definition is so narrow it may be invisible. the members of the fifth circuit seem to believe that anything short of a nationwide ban on abortion does not amount to an undue burden on women's rights. this is the argument that will soon be heading to the supreme court. i mean, clearly 1.3 million women in texas live more than 100 miles from a clinic and that is not considered undue burden. if 1.3 million men lived 100 miles from a clinic where they were having a reproductive related surgery there would be no question about whether that was a burden or not. >> look, i think everyone from rick perry wannabe greg abbott. they want to make abortion inaccessible and ultimately illegal as the law of our land have shown they don't care on the burden generally or poor women specifically. what they care about is legislating their ideology joy and morality on everyone. >> in terms of the mid-terms, texas is the site of the battle between greg abbott and wendy davis. wendy davis made her name

also cnn analyst, jeffrey toobin. just from a legal standpoint, can the politician, a state government just label somebody has future sick, and therefore stay at home? >> you're asking me, anderson? >> yeah. >> well, we'll see. this is going to be before a judge. and you know, usually -- judges defer to the government on public health matters. judges say look, i'm not a doctor. i have to accept what the medical doctors say. if they say there is a public health risk. but here, we have a situation that as far as i know there is no public health risk. and so the challenge is going to be what will the state of maine say to convince a judge to keep nurse kaci hickox in this house when as far as we all know there is no medical risk to the community based on her circulating normally? >> so sanjay, the other thing i'm hearing from people, and they understand her fears and concerns. they are saying look, the government has gotten it wrong about the ebola cases and the protective gear and so on and so forth. how do we know the

>>> joining me now to talk about the legal aspects of all of this is cnn senior legal analyst jeffrey toobin. great to see you. there are so many facets that interest me. let's talk for a moment about the hospital where apparently the patient presented and instead of admitting him they sent him home. what kind of exposure might they face, what exposure might he, the patient, face give whan we know? >> you know, the first piece of advice i would give is ignore anything that imbissels like donald trump say about this situation. the second thing is this is not a crisis at the moment. and there is no necessity for the hospital to be punished, for this man to be punished. obviously procedures have to evolve, this is a complicated new threat in the united states. certainly the hospital could face some sort of loss or challenge or fine regarding its accreditation. i can't imagine that the state of texas really needs to prosecute an ebola victim for making a false statement at a hospital which as far as i'm aware is not a crime under any circumstances to make a false statement to a hospital so. i th

senior legal analyst, jeffrey toobin, from a legal standpoint, can a politician, the state government just label somebody as future sick and, therefore, stay at home? >> you are asking me? >> yes, jeff. >> we'll see. this is going to be before a judge and, you know, usually judges defer to the government on public health matters. judges say, i'm not a doctor. i have to accept what the medical doctors say if they say there is a public health risk. here, we have a situation that as far as i know, there is no public health risk. so the challenge is going to be what will be state of maine say to convince a judge to keep nurse hickox in this house when, as far as we all know, there is no medical risk to the community based on her circulating normally. >> sanjay, the other thing i'm hearing from people and i understand their fears and concerns about it, is, look, the government has gotten it wrong so far about ebola in a lot of cases, about the protective gear needed, stuff like that. hu how do we know for sure that 21-day period is for real? you can't give it unless you have a fever of 101

compel you to stay in your home when you've done nothing wrong, danny savalis in new york and jeffrey toobind.c. how can they do it? >> it's the law. every state has a law like this for obvious reasons. the public health demands in certain narrow limited circumstances that when a communicable disease can infect large numbers of people, these people can be forced to stay home. it makes sense. it's the law everywhere and it's now being enforced in dallas. >> but what's the bar? i mean, you know, there are plenty of people who have come into contact, why aren't they under quarantine? police officers stationed outside their doors? >> obviously there is a certain amount of prosecutorial discretion and relies on the good faith of the public health officials not to quarantine people unnecessarily, but you know, all laws require a certain amount of discretion on the part of enforcement officials and in this sirc starngs i don't think anyone can debate that it's being used appropriately and if the time comes when there is some controversy, then the courts splits court s might have to sort it out this

jeffrey toobin and others have said it took exception. the case was set for the reargument and that almost out of the blue mcconnell was put up for grabs in terms of what issue should be briefed. i think that's posture -- idb that citizens united was correct although i do think that the case could have been disposed on statutory grounds that would have been entirely consistent. at the time they argue to come and correct me if i'm wrong, but that this was an issue that was likely to recur in other cases and given that they should reach the first amendment question. reasonable minds can differ. i will rush to judgment and citizens united did create a part of the animus to the case. it would have happened sooner or later and i think that it was inevitable and the main reason that the liberals are critical is because it is speech they see as antithetical not to the constitutional principle that the principle of their liberalism. >> let me think about for a little bit because it is very much much would you argue to the court and the second cit

joining us, jeffrey toobin, cnn law enforcement analyst tom fuentes and daniel vongino.ral problem right now in the secret service? >> yes, but it's not the broad based culture problem that the media are reporting. it's a small group of managers within the secret service who have been there for a long time who, in my opinion, have decimated the agency. they've almost used it as a job search for their second career. >> how many people are involved in this decimation? >> between 20 and 40. most of the agents, if you got them off the record, they know who they are. >> they have to get rid of these people. >> they do. some of the sources are saying this may not necessarily cure the problem right now. >> do they need to bring in a new director from the outside or move someone up? >> i thought an outside director would have been a better choice. if there was an insider you were going to bring into the director position, you are not going to find a finer person than joe clancy. >> he's going to be the acting director, but i'm sure there will be a lot of pressure to bring somebo

naacp board member john gaskin and jeffrey toobin.h this new wave of protests outside of ferguson? what's the goal here? >> well, it appears the protesters are being more creative if their strategy. they are broadening the issue and broadening the folks, at least the crowd of people that are seeing the protests, that protest that took place saturday night was probably the most creative that i've ever seen. the typical folks that go to the symphony are a demographic that we have never appealed to. so for them to get the opportunity to hear that there are people within that community that want justice for michael brown, that want them to be aware of these types of issues, to know the type of racism that's taking place in the city of st. louis i think is a good thing. the protest was quite organized and i believe it was done in a way that was quite dignified. because as you can hear, some people even joined in. there was some applause during that performance, or demonstration rather, as well as after. and even after the protest, no one w

. >> jeffrey toobin, thank you so much. that's it for "the lead". i'm jake tapper. i turn you over to wolf blitzer. he's in "the situation room." >> happening now, american jihadists. the fbi is asking to identify an isis fighter speaking perfect north american english who apparently murdered prisoners in a video. >>> turkey's president says the key syrian border town is about to fall to the terrorists. >>> and missing for a month. where is north korea's leader? he hasn't been seen in public even as his deputies pay a surprise visit to south korea. are they now in charge? i'm wolf blitzer. you're in "the situation room." >> amid new fears that jihadists are bringing troops back to their own country, fbi is asking that you help identify this man who is speaking english with a north american accent. >>> we're getting news about a u.s. teenager charged with trying to join isis overseas. a source saying an islamist terrorist plot may have been foiled in its earliest stages. that's as isis is on the move in the middle east and may be on the brink of a huge victory on the

let's get to more now, joining us, the community activist, don lemon who covered the violence, jeffrey toobinit was just announced for the ferguson commission challenging leaders to solve the problems plaguing them. he cautioned it wouldn't be focused directly on michael brown's death saying that was the responsibility of investigators. here's the question. was governor nixon's hand forced in creating this commission by all the recent unrest? what's your analysis? >> well, i have the opportunity of speaking with several leaders today and protesters, and many people within the community are feeling as though this is window dressing. this is almost too little too late. they feel if he is going to appoint anybody, it should be a special prosecutor and not a commission. you know, we know the issues that ferguson and other urban areas in our state are facing. we need tangible realistic measurable results. this is really too little too late. the governor really sat back and allowed this to unfold while many of the citizens on the ground were dealing with these difficulties. now he wants to appoint

reporter evan perez is joining us along with our other guests, john gaskin, our senior legal analyst jeffrey toobinentes, former fbi assistant director. evan, you reported this police chief is on his way out. what's the latest? >> every time you have someone who is being pushed out essentially, you often have this kind of pushback. people don't want to hear the news before they're ready to put it out. we're told this announcement is expected as soon as next week. the plan right now is to have the st. louis county police temperature take over some of the management of the ferguson police department, and start healing some of the rift there between the police and the community that they're supposed to be protecting. >> that certainly is a serious rift over there. john, what are you hearing over there in missouri? what's the reaction to this report that the police chief, thomas jackson, may soon be leaving? >> many people on the ground have heard various things. many people were expecting the resignation to make place today, but now we have the understanding it could be taking place next week. but sev

joining us, jeffrey toobin and our chief medical correspondent dr. sanjay gupta is still with us.an this to-called ebola czar do that's not already being done? >> overseeing some of these things you were just talking to jim about. beside tls medical and science mart of this, the issue of travel is obviously a big travel. the interface with the military. there could be a few thousand troops now going to west africa and the travel ban and all that could affect that, as well. the whole notion of aid getting into west africa. hospital preparedness. all of these things. there's so many different concentric circles around ebola beyond just the science of the virus and how it's transmitted and the medical treatment of it. i think having one person who can oversee all those things, i think there's some real value in it. >> jeffrey, you know ron klain. is he qualified? >> he's certainly not a scientist, but he's devoted the bulk of his career to trying to make government work. when he worked for vice president biden, something i know he spent a great deal of time on was the implementation

seema yasmin and with us senior legal analyst jeffrey toobin.share the concerns of the writebols with how her treatment could affect other health care workers going to africa to fight this epidemic? >> this has caused outrage in the medical community here in the u.s., some of the biggest names in infectious disease and public health has signed on to a strongly worded petition from the infectious disease society of america and two other huge health care associations in the u.s., they're outraged about how this nurse was treated and the potential that it has to hinder the outbreak response in west africa. and also the stigma that is then associated with returning health care workers could really actually threaten the public health of people here in america if they don't stop the outbreak and if we don't treat returning health care workers and troops with dignity. >> i'll talk to an hiv/aids activist in our 9:00 hour on 360 who said this is like the early days of hiv/aids fears and the stig mmatization of people that had that then. the guidelines t

john gaskin, jeffrey toobin, and tom fuentes, who is also a former fbi assistant director.at these documents are so difficult to obtain? >> there could be a possibility that they have something to hide. you would think with all of the unrest within the city of ferguson, within st. louis as a whole, you would think that the best way to try to move forward, to try to ease some of that tension, would be to be as transparent and lawful as you can be. so to hide documents, to put up extra hurdles for networks like yours to get access to those documents to bring this type of information to the public eye, i think that's a problem and that makes people very concerned, makes me concerned, it makes our organization concerned to believe that they have a lot of information, a lot of information that they are trying to withhold from the public, because they're fearful of public reaction, i'm sure. >> it does seem that that may very well be the case, and you look at this, and we heard sara sidener's report. this is legal, but come on. >> i've had my own battles with the fbi about trying

let's talk more about it, jebry toobin is cnn legal analyst and joins us now. jeffreyat do you think of the new testimony and evidence that's come to light that blood was found inside the car, found on officer wilson's uniform and on the gun? >> i think the problem is when you look at one piece of evidence in a complicated case, and this is fairly complicated, and think you somehow have the answer. but yes, this is a fact. this latest forensic evidence. that seems helpful to officer wilson. because it suggests that he was not the aggressor. in the struggle. however, it is important to remember, that michael brown was shot outside the car. and the most important forensic evidence we don't know yet. how far apart were they? was he shot in the back? was he shot in the front? those are going to be the key issues. not what went on inside the car. >> but by the way, just because michael brown's blood was found on the gun and inside the patrol car and on the officer's uniform. how does that mean that he was the aggressor? we don't actually know what happened. >> we don't know