former federal prosecutor jeffrey toobin joining us now. impossible task here? i would think there's got to be very few people in the boston area who didn't have preconceived preconceived notions about tsarnaev's guilt. >> one of the things i find about high profile cases with journalists, we follow this closely and in fact they don't. it's not a disqualification to have heard of the bombings. everyone has heard of the bombings. but the people who didn't follow it closely, who don't have preconceived notions, they're eligible. there are more than 1300 people who have been brought in for jury selection. i have no doubt they will be able to find a jury in this case. >> and the fact that every member of the jury and all the alternates they have to be open to sentencing tsarnaev potentially to death. that's got to narrow down an already small pool even further, right? >> that's right, because and that actually plays into a big debate about death penalty cases in general because there are a lot of people who say, you know, i could definitely be

jeffrey toobin robert costa, thank you both being here. i'm a little better catching than i am passing. after quick break i want to turn to something meaningful yesterday. here in new york i interviewed four parents of the victims of colorado movie shooting. they told me why they think we and the press should not name the shooter show the shooter's face. i want to show you why it changed my mind. a really important interview coming up after this. andrew hunter debating who will win the big race between the tortoise and the hare. what do you think andrew? rabbits are faster. it's not a rabbit, it's a hare. what's the difference? maybe figure that out before debating the best wide reciever of all time. wait, are you odell beckham jr.? vote on twitter for your chance to win a mercedes-benz big race viewing party. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lot

earlier, i spoke with jeffrey toobin. he says it is really no surprise. >> in our somewhat unusual system that we have for prosecuting crimes in the united states, there are often two possible jurisdictions under which someone can be prosecuted. the state, in this case the state of ohio. but also the federal government sometimes can bring charges. but what made this case unlikely from the start was that in a case like this, where a law enforcement officer shoots and kills a civilian, the barriers to a federal prosecution are higher than a state prosecution. so the fact that a state didn't prosecute him made a federal case much less likely. >> the federal case was based on what, hate crimes, that officer darren wilson violated michael brown's civil rights? >> yes, the federal government can enforce the laws that say there can't be discrimination on the basis of race. in addition to proving that officer wilson shot and killed michael brown with bad intent, the federal case would require proving some sort of malicious or eve

senior legal analyst and supreme court expert, jeffrey toobin. >> here's what the georgia law says.hich shall distract such driver from the safe operation of a vehicle. so as far as i'm concerned, it comes down to what food. spaghetti, problem. salad, big problem. anything with rice, an even bigger problem. but a burger? that's not a big deal. you could eat a burger, you can drive too, but the problem, of course, would be if anything unexpected happened, but hey, some people can just do it all. >> jeffrey toobin can do it all. that's pretty much case closed. the guy who got pulled over has a court date next week. sir, feel free to use the previous clip as exhibit a. just in case we suggest eating lunch before you leave for court because you never know when the food police are in hot pursuit. that does it for us. morgan spurlock inside man, is next. >>> hey, america. where would you like to spend your hard earned wages? the mall, a new car, how about the doctor's office or a hospital? we americans spend more on our health care than any other country in the world, but at least that me

cnn senior legal analyst jeffrey toobin student of alan dershowitz.hey're not being named -- not being accused of any crime. why are they even named in this thing? >> this is such a bizarre lawsuit to start with. this is a lawsuit where these women are suing the u.s. government. >> it's not just one woman but several other, suing the american government? >> right for making a plea deal with jeffrey epstein that doesn't cover them. >> a lesser charge that gave him 18 months in prison and avoid a federal charge. >> correct. i've never heard of alleged victims being able to file a lawsuit like that much less succeeding in one. and it is especially bizarre that in that lawsuit they are allowed to file these affidavits, alleging this other supposed sexual misconduct. and, as you point out, alan was a teacher of mine dershowitz has remained a friend of mine for many years. it seems particularly outrageous that she's accusing him because he was one of epstein's lawyers in all of this. >> that's the thing that's so crazy to me. when you look at the details of

. >> jeffrey toobin covered this trial for "the new yorker." >> there has never been in american history more prominent defense lawyers on a single trial than in the o.j. simpson case. >> there's harvard law professor, alan dershowitz. >> an ideal intermediary between the ivory tower and the gritty world of trial practice. >> famed criminal attorney, f. lee bailey. >> the person you go to when you're really in lot of trouble and can afford it. >> and of course, johnny cochran, who would take the lead. >> flamboyant. outgoing. approachable. fun. and extremely charismatic, while also having considerable mastery of the details of the case. >> and known for defending celebrities like child actor todd bridges, football legend jim brown and superstar michael jackson. but would the all-star strategy work? >> the o.j. dream team was not a dream team. it was a nightmare team. most of the lawyers didn't get along with each other. there was a lot of competition for the limelight. >> despite all that competition, simpson's team comes up with this. they allege that lapd detective mark fuhrman was a r

. >> jeffrey toobin covered the trial for "the new yorker". >> there has never been in american historyinent defense lawyers on a single trial than in the o.j. simpson case. >> there's harvard law professor alan dershowitz. >> an ideal intermediary between the ivory tower and the gritty world of trial practice. >> famed criminal attorney f. lee bailey. >> the person you go to when you are really in a lot of trouble and can afford it. >> and of course, johnnie cochran who would take the lead. >> flamboyant, outgoing, approachable, fun and extremely charismatic while also having considerable mastery of the details of the case. >> and known for defending celebrities like child actor todd bridges, football legend jim brown and superstar michael jackson. but would the all-star strategy work? >> the o.j. dream team was not a dream team. it was a nightmare team. most of the lawyers didn't get along with each other. there was a lot of competition for the limelight. >> but despite all that competition, simpson's team comes up with this, they allege that lapd detective mark fuhrman was a racist w

. >> jeffrey toobin can do it all. that's pretty much case closed. the guy has a court date next week. sir, feel free to use the previous clip as exhibit a. just in case we suggest eating lunch before you leave for court because you never know when the food police are in hot pursuit. >> hey, america. where would you like to spend your hard earned wages? the mall, a new car, how about the doctor's office or a hospital? we americans spend more on our health care than any other country in the world, but at least that means we have the best health care, right? well, not necessarily. u.s. health care is complicated and expensive. even if you have insurance. and for the millions of americans that are uninsured or underinsured, what are the alternatives? where do you go? you might just have to go on vacation. this year alone, an estimated 1.2 million americans will get some sort of procedure overseas. mexicans will get some sort of procedure. health care? i'm going to find out. you'll be inside. inside man. ♪ ah, morning. the sore spot of my day. like two y

senior legal analyst jeffrey toobin joins us. corey say we're go for 60 years over the 20 years? >> because corey's incompetent. because she is vicious, and because she is a disgrace to the prosecutors around the country. this is one of the gross estest incompetence of power i have e ever seen and this sis a blot on all criminal prosecution in this country. >> her lawyers got a ruling from the trial judge that they could introduce evidence of all the abuse that -- that gray had imposed on other women. so that's the trial setting that it was going to happen. that got angela corey's office to negotiate down to essentially time served in this kind of house arrest. people should know, it's not house arrest like people -- and the stand your ground amendment was amended for cases like this. >> and fortunately, this case has prompted outrage in florida and around the country, and that change in the law is one, is one effect of this. it is too late for her tole help her. >> it has to be such a -- i mean a gut-wrenching decision to decide

joining us now, jeffrey toobin and also attorney rina martin and neal.the official report hasn't been completed according to the times. have any justice department officials contacted you or darren wilson about the impending recommendation? >> no and you're right. it's not final. i checked my phone and i had no missed calls from attorney general eric holder but having done this for 30 years, anderson i will tell you and represented many officers in civil rights investigations some who have been prosecuted and many have not called me. i would not expect it. it's only a recommendation. there's a lot of hands to go through before this becomes final. >> and i know you talked to darren wilson tonight. what did he have to say about it and what is he doing? >> he's doing okay. he's enjoying the anonymity i guess we've had here in st. louis for the past few weeks anyway but, you know, while he's cautiously optimistic he also knows and i've said to him time and again, if true this is at best a preliminary recommendation and we have to be very careful not just to

back with us is our cnn legal senior analyst jeffrey toobin.eve the 9,000 number for the jurors. why is that? >> right. 9,000. to put that in perspective, that's even more than were summoned in the boston bombing trial. but there are a few reasons here. first, this happened 2 1/2 years ago. there has been a tremendous amount of media coverage in the past couple of years regarding this high-profile case. of course, it's happening, this trial taking place in the same jurisdiction where the crime was committed. also this is a death penalty case. so people who don't believe in the death penalty are automatically going to be exkuded as potential jurors. and it's a case about sanity. james holmes pleading not guilty by reason of insanity essentially meaning he admits he was the gunman but that he didn't know what he was doing was wrong when the crime was committed. his lawyers say that he was in the middle of some kind of psychotic episode and suffering from severe mental illness when he went into that theater on that fateful night. so 12 jurors ulti

joining me from the courtroom now is cnn analyst jeffrey toobin.orneys and prosecutors had talked about some sort of plea agreement. >> only one initial this case, which is the death penalty. sure, he is presumed innocent. those of us who have followed the case, there is no conceivable way he will be acquitted of the underlying crime. >> the evidence is just too great? >> it's completely overwhelming. will he be sentenced to life in prison without parole or to death? and jiudy clark, lead defense lawyer, has been very successful in the past. >> helping others get plea deals. >> the unibomber. >> right. >> the big difference here, in most of those cases you had a real question about mental competency and you also had problems with proof in some of the cases. here, there's no issue that tsarnaev is insane and there's no issue about whether he did it or not. and the magnitude of the crime is so horrible that there is no way the government is going to agree to anything less than the death sentence here. >> that's why they couldn't come to an agreement?

let's bring in sonny hoston a cnn analyst and jeffrey toobin a former federal prosecutor. wants to be able to speak about what went on inside these sort of secret proceedings and why shouldn't he or she be allowed to do that? sonny? >> i think that'swith i'm at generally the grand jury proceedings are skrentecret. you never hear from them quite frankly, the law provides they should not speak out. but this case has been quite frankly very unusual. you've got a prosecutor who puts forth every single piece of evidence even evidence that wouldn't be admissible at trial. witnesses that clearly nowjer perjured themselves and that wouldn't be able to testify at trial and a release of grand jury transcripts. in that case why not have a grand juror have the ability to speak out in the name of what the prosecutors have called transparency? >> great argument. >> there's another point here which is that mccullough, the prosecutor characterized the views of the grand jury. he said everybody agreed there was no basis for charges. that is exactly what this grand juror wants to refute. so

jeffrey toobin our law enforcement analyst, the former assistant tom fuentes, and our cnn anchor donaacp for a special investigation of the st. louis county prosecutor. >> there are so many questions across the country bob mccoupling on has received regarding how he has hand the grand jury process. you have grand jurors who were really pounded with evidence throughout this process. darren wilson was given no type of cross-examination compared to the other witnesses that went before the grand jury and there are many questions, and quite hongsly, there's a lack of confidence in the criminal justice system not just in st. louis county but across this country. so hopefully, the legal defense fund will get some of the things they are asking for, for that judge to go in and conduct her own investigation of that grand jury and take a look at those irregularities being pointed out. >> if the naacp were to get its way, would that mean the police officer in question, the case against darren wilson work start all over again? >> it could. the investigative process has been you know pretty much c

let's get more now with our senior legal analyst jeffrey toobin and tom ffuentes.able? even though they rejected the plea bargain, as the jury procedures go on at any moment could they go ahead and accept the guilty plea from the defendant. >> yes, all the way up until the last day of the trial and not uncommon as the trial unfolds and defense maybe thinks it's not going to go as well as they hoped to make a change and go for a plea agreement. >> jeffrey, tsarnaev's demeaner was closely watched today. he was described by local media as nervously touching his bird walking with a swagger at times as he exited the proceedings. is that what you would expect to see in a case like this? >> it's hard for me to judge his demeanor sitting in this television studio. look he's got to be nervous. his life literally is on the line in this case. i don't think there's any doubt he's guilty of the bombing. the only issue is the death penalty and jury selection is in many respects the most important part of this case because it's all about whether the defense can find one juror who