borger and carl bernstein who has a best selling biographer of hillary clinton, and legal analyst jeffrey toobin, and you have seen many times through this type of thing, and what did you see? >> i think that we got a look at president hillary clinton, and the competence over the scene that she was asked to testify under, and there was nuance about her positions. it was impressive given what she was up against, and another thing, you have to go back to joe mccarthy and the house on american committee to find the process as abusive as a house congressional -- >> you really go back to mccarthy? >> yes, it is reckless and outrageous and the process is, but that said, she has a problem with stonewalling on the question of the e-mails and her server. the fbi is looking at it, and that is probably the appropriate place, but i the think that we have a real look at who hillary clinton would be as president, and comportment, and the composure, and the nuance in terms of policy and the familiarity of the issues and down in the weeds, and down on the senate armed services committee, and what she knows abou

and jeffrey toobin of the new yorker and cnn is with me here in new york. i am pleased to have both of them. let me go first to adam. what does this look like, adam? what are the things that we ought to take note of in the first monday in october. >> well, the big picture is that last year, last term, the left side of the court had a very good year. a lot of liberal decisions. a lot of liberal victories. this term the early signs are that the empire strikes back, that the conservative roberts court we know will deliver some more conservative opinions, justice kennedy still in the middle but i expect him to swing right rather than more than he did last term. and in cases on-- affirmative action and public unions, there's reason for the left to be nervous. >> they're also tackling items of political significance. always,. >> yes, and they are. this is, after all, the court of citizens united. and citizens united and as the lawyers say, an its progeny, the cases that have come out of citizens united have revolutionized campaign finance in the united states. an

a lot to talk about with our panel, senior legal analyst jeffrey toobin, senior political analyst andgen and donna brazile. david, hillary clinton has a lot of experience testifying on both sides of the table. you yourself have testified during white water, does it ever get easier? i mean, no matter how many times you've done it, do you think it gets easier for her? >> i think this one has gotten easier. >> because of the politics? >> she's on a roll and will come in a much more confident position. she's got the debate, joe biden dropping out and two republicans undermining the credibility of the investigation itself. so i think she's going to come in, you know, i haven't gone through this, she'll be very lawyered up. they will spend a lot of time with her. i think david kendall will be right there at her side and he's been with her on this whole e-mail controversy. she'll be in command of the facts but mostly i think her temperament. i think she'll come in respectful but be tough if she has to be. she'll let them hit her first. their worst mistake will be to bully her. >> jeff, you s

cnn senior washington correspondent jeff zeleny is here with me along with cnn legal analyst jeffrey toobin and paul begala and amanda carpenter. jeff, let me start with you. walk us through this marathon day of testimony. >> jake, this day was 17 months in the making. and clinton's appearance in that witness chair has been the top objective of this committee. but so far after hours of questioning and testimony there's much of a re-run of di visive arguments. republicans pressed clinton trying to make their case. she failed in her duty to secure the american diplomatic mission in benghazi, libya. democrats dismiss the entire episode as a partisan taxpayer-funded witch hunt. >> you know, i would imagine i've thought more about what happened than all of you put together. i've lost more sleep than all of you put together. >> hillary clinton stood her ground today before the congressional committee investigating the benghazi attacks from her time as secretary of state. her long-awaited testimony shed more fireworks than light on the 2012 assault on the u.s. consulate in libya that took the live

cupp jeffrey toobin and ana navarro.ut a lot of other developments happening right now. we'll take a quick break. we'll be right back. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans it h

. >> jeffrey toobin covered the 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 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, consensus doesn't emerge. the key defense strategy -- racism. >> this is not jus

and who best to walk us through this than the best selling author jeffrey toobin who wrote the "the nine." this is the death penalty case, and we have talked about it many time, and what is exactly coming to the desks? the constitutionality or the drug cocktail or what? >> it is going to be a little by of everything. they determined last year that drug cocktail is lawful, but out in the states, the states can't get their acts together, and they can't find the cocktail, and they can't get the correct drugs. one of the stories that we have talked about many times is that the death penalty is shrinking, and this year, 22 executions, and last year 35, and both of which would be record lows, and the supreme court hardly a liberal institution has gradually been shrinking the instances of when the death penalty is appropriate. >> is it stephen breyer who said that this needs to be revisited. >> stephen breyer and ruth bader ginsbeurg said that we have had it there. is no way that the death penalty can be constitutionally administered. they are 2 of 9, and the other seven ohave no ruling. and te

jeffrey toobin, she's been remarkably cool under a lot of pressure because several of these republicans have been going after her, raising their voices, making it clear they don't believe what she's saying. >> none more dramatically than jim jordan from ohio who just went after her as much as anyone has all day, and she has obviously made the decision she is going to greet all of these attacks with a smile and move on. >> i want to go outside the hearing room. dana bash is standing by with elijah cummings that just walked out of that room. dana. >> reporter: that's right, thanks, wolf. mr. coummings, last time we spoe it was after you and the chairman went at it after the process and whether you should release transcripts. do you think this afternoon's sessions things are going better as far as you're concerned? >> no, things are going downhill. basically, they are covering the same ground over and over again. information that we've had in some instances for two or three years, and so i -- you know, i think it's time to wrap this up, wrap up this hearing. it's my understanding we're goi

we'll talk about it with jeffrey toobin. what do you make of this.tle boy used not a handgun but a shot gun to kill the little girl in an unlocked closet. >> it's just a wall to wall tragedy and obviously, at a human level, if not a legal level, you ask why did the parents leave a shotgun where a kid could get at it? i don't see the parents having any criminal responsibility, and the child is certainly going to be prosecuted. we know he's not eligible for the death penalty, even though they charged him with first-degree murder because the supreme court said no one under 18 who -- no offender under 18 can get the death penalty, but he could still go to prison for a very long time. >> i mean, so if he's tried as an adult in terms of, and he got, i mean, what kind of a sentence would an 11-year-old get? whether tried as an adult or juvenile? >> i mean thanks would very much be up to the judge in tennessee because if he's tried as an adult, he could get life without parole. i think it's unlikely given the circumstances. the supreme court suggested that t

non-partisan team, cnn political analyst david garrigan, gloria borger and also, senior legal analyst jeffrey toobin. carl, you covered a lot of hillary clinton and you've seen a lot of hearings over the years. what do you make of this? >> i thought we got a great look at who president clinton would be, a competence and command over the scene she was being asked to testify under. she knew the issues. there was very impressive and you have to go back to joe mccarthy, to the house on american committee to find a process as abusive in a congressional hearing as this was. >> you think you go back to mccarthy here. >> i do. i think this was a reckless and outrageous hearing and the process is. that said, she has a problem with stone walling on the question of these e-mails and her server. the fbi is looking at it and that's probably the appropriate place but i think we got a real look at who hillary clinton would be as president. how she, her comportment, her composure, the terms of policy and familiarity with the issues down in the weeds. the fact she had been on the senate arms services committee and w

let's talk with our senior analyst jeffrey toobin.n 11-year-old takes a gun out of an unlocked closet? >> you ask, why did the parents leave a shotgun where a kid could get at it. i don't see the parents have any criminal responsibility, and the child is certainly going to be prosecuted. we know he's not eligible for the death penalty even though they charged him with first-degree murder, because the supreme court has said no one under 18 -- no offender under 18 can get the death penalty, but he could still go to prison for a very long time. >> so if he's tried as an adult in terms of -- and he got -- what kind of sentence would an 11-year-old get, whether he's tried as an adult or as a juvenile? >> that would very much be up to the -- up to the judge in tennessee, because if he's tried as an adult, he could get life without parole. i think it's unlikely given the circumstances. the supreme court has suggested that that also is problematic. he could get 10 years, he could get 20 years. this is a very serious -- first-degree murder is

. >> it was interesting, jeffrey toobin, you're a former prosecutor. gowdy, the chairman. he's a former prosecutor down in south carolina. he says he's not a prosecutor right now. he's very defensive on this issue. he says he's an investigator. he only wants to come up with the truth. if you listen closely, the way he was making his case, he sounded like a prosecutor. >> sure, he does. you know, michael kinsly, my mentor in journalism, you know, he had kinsly law about gaffes. which when you unintentionally tell the truth. mccarthy's statement that this whole committee is designed to bring down hillary clinton's poll numbers, that hangs over today's testimony enormously. i don't know that i heard anything from trey gowdy today that really refuteded what mccathy said. i think it's remarkable when you think he had ten minutes, only ten minutes, to ask questions of the former secretary of state and he chose out of all the supples regarding the four people who died here to ask mr. e-mails from blumenthal, a former colleague of mine at the new yorker, former colleague of paul's

let's talk about that with our cnn anchor don lemon joining us our senior legal analyst jeffrey toobintf executive and psychologist jeff gardere. a lot of these shooters seem to be young men disengaged from society, shooter complained abouting isolated. is mental illness enough to cause this mass murder? >> then you throw into the mix the deadly guns and a lot of people talked about looking at some sort of sensible gun control. i think that is something that's within our control if you will, but treating mental illness, being able to identify those with mental illness, the type of mental illness, especially those with severe personality disorders are very difficult to diagnose, very difficult to control but these illnesses lead to mass murders, young while males who have these sorts of issues become isolated, paranoid, develop these personalities with delusional thoughts and can't understand why the world is against them, at least that's the way they perceive it as part of this mental illness. >> matthew, you say there are more people in the world like this shooter than a lot of us mig

let's bring in our cnn law enforcement analyst, tom fuentes, jeffrey toobin, and dr.isa van susteren, psychiatrist. are there resources available to paef parents? assume they believe something is wrong with an adult child and weapons around, what can they do? >> not a lot, frankly, unless they're sophisticated and have a lot of money typically. sometimes social services are there for them. but oftentimes these are not available to them. and frankly, the real question is, though they may be there, try getting people in to actually take those services seriously and benefit them. that's the real crux of the issue. >> are there legal ways to deal with this, tom? because it's clearly a problem. we haven't just seen it in oregon but elsewhere as well. >> we have had so many parents complain how difficult it is to get help with a child but once a child becomes an adult, there's little, if anything, they can do. they can't access medical records they can't have them committed. they can't make them take their medicati medication if they're assigned to it. second issue, leave 1

law enforcement analyst, the former fbi assistant director tom fuentes and senior legal analyst jeffrey toobin federal prosecutor. tom, if it's true this correlation that brian just reported on, the nra seems to have an enormous amount of political clout here in washington on the law. what's going on? >> well, i think the first question is whether it's true or not, wolf. but the second question is that there are other factors, environmental factors. why is people in alaska want to commit suicide? are they isolated with the cold weather and get cabin fever and that causes it? compared to other states that are warmer in climate. i mean, there's a lot of causal factors and environmental factors, cultural factors. they all need to be analyzed. i'm not saying that the data's wrong. i'm just saying we need to analyze what's actually at the root cause. >> you spent your whole career in law enforcement. do you believe the greater the control on the availability of guns the better off the public is as far as gun violence is concerned? >> yes. yeah. i personally believe that. it's a personal opinion. bu

with don lemon, also joining us the former federal prosecutor and legal analyst sunny hostin and jeffrey toobin enforcement analyst tom fuentes is with us. his officers are not afraid to go out and do their jobs. they are doing their jobs even though some of them might be concerned they go ahead and get videotaped doing something controversial that could be the end of their career. >> i think the problem in this case, wolf, it seems to demonstrate a lack of training or understanding how to deal with a situation. if you have an unruly person in a crowd, classroom, on the street, at a sporting event. you're taught to try to separate the person causing the trouble from the crowd because they will be showing off for the crowd. so in this case, i think he should have asked that administrator and teacher, asked the other students to step out in the hallway and have a talk with this student and find out what's going on and see if it could be deescalated peacefully and have the girl come out of the class peacefully without having to be wrestled out of the chair and wrestled across the room. >> she's a

. >> we've had about five hours of testimony so far, jeffrey toobin, five hours of q and a with hillary clinton. what have you learned as far as what happened that tragic day in benghazi? what have you learned today that you didn't know? >> not a lot. i do think gloria was right. there was that very dramatic moment in the last hour or so when hillary clinton talked about what it was like in washington as they tried to figure out what actually had gone on and whether their colleagues had survived. i thought the last exchange with the congressman from illinois, roksam, was -- i thought of kevin mccarthy out there somewhere thinking, well, you know, i was right all along. because this was a purely political attack on hillary clinton. which may be an appropriate attack. they were -- he was saying, you know, you were just using the self-promotion. you were just trying to get publicity for yourself. that may be an interesting point for the campaign, but the idea that that has anything to do with benghazi or the death of these four americans really seems like a big stretch. so that seemed to m