our chief legal analyst, jeffrey toobin, is with me. obamacare. this is the decision from the high court, jeff, on obamacare. the issue of severability. can you strike down part of the law or do you have to get rid of the whole thing? as we wait for the decision, walk us through how we got here. >> for the third time, the supreme court of the unite, is deciding the fate of obamacare. the justice who is writing the decision, and i don't know who it was, because it's happening as we speak. there's no cameras allowed in the courtroom. we know that the decision in california v. texas, the name of the case, is coming down as we speak. we will know the result in a handful of minutes. it's difficult to overstate. >> i think we got it, jeff. i'm sorry. good point to jump to jessica on. jessica, where did the justices come down? >> poppy, the supreme court, dismissing this challenge to the affordable care act. they're saying the plaintiffs in this case, who were the republican-led states, the attorneys general of these various states, including texas, who

and, you know, i bet the awkwardness lasted after that interview, too, because you know that jeffrey toobin doesn't trust cameras anymore. >> "and cut. jeffrey, we're clear." >> "so the camera is off." >> "yup." >> i'm just going to smash that camera with a hammer if you don't mind." one thing i don't get is when he says he's been in therapy and working in a food kitchen. like, that's great, but i don't really see the connection. if anything, that's just unfair to the people at the food kitchen. "hello, would you like a nice piece of fruit?" "no thank you. i think i'll go a couple of more days without eating. but let's move on to our top story. thanks to america's successful vaccine campaign, millions of americans are finally getting back to doing the things they used to do before the pandemic, like going out to restaurants, seeing friends, and then shit-talking those friends to another group of friends. "yeah, i know what you said about me, mary. people talk." but, apparently, a lot of people might not be quite ready to be a part of society again. and we'll tell you why in another edition

jeffrey toobin is with us. breyer with the majority opinion. you're surprised? >> i am surprised. famous case in 1965 out of des moines, iowa, where a student wore an armband to protest the vietnam war and she was disciplined, and the supreme court said students have free speech rights except when it's disruptive. all of the subsequent cases have been about whether the speech is disruptive. there have been a long series of interesting cases that the court has dealt with with free speech rights of students, and in recent years, the students have lost most of the time. but this time in a really almost unanimous opinion, 8-1, the student won. i have to say, the snapchat itself is like poetry. it is so -- i will paraphrase it because we can't say it exactly. it is f school, f softball, f cheer, f everything. i believe the student is speaking for every high school student whoever went to high school ever. this sentiment is so universal in the frustration expressed in such a colorful way. that i think breyer at oral argument, kavanaugh at oral argument said, look, this is how high schoo

jeffrey toobin week. >> do they have a meeting? was she the one to talk about jeffrey toobin masturbating? >> kat: why did he go? how can he be that full of yourself? [bleep] zoom call. >> julie: i want matt lauer to come back and talk about the panic button all the stuff that went on in his office. >> did the scene and executive say we can't have a man do this because we will look like we are not treating it seriously? >> julie: whoever gets to come out and talk after you're obviously guilty. >> kat: aman! >> greg: i have to say it kind of took balls for him to do this. >> julie: no pun intended. >> he's not a young guy. >> greg: he's in his 60s. he lived a full life. >> do we know what he's looking at? >> greg: he's never said that. >> that's the first thing i thought? >> greg: that's a million-dollar question. if it was the women on the zoom call, that's another story. >> also even weirder. >> greg: it's beyond julie banderas weird. if you don't see eye to eye, will liberals say bye-bye? g. it didn't get us to the moon. it doesn

thank you jess and jeffrey toobin for explaining it all to us. we'll be right back.can help grow and protect your money. an annuity can help cover essential expenses in retirement, so you can live the life you want. this is what an annuity can do. learn more at protectedincome.org. so, you have diabetes, here are some easy rules to follow. no. you know what you want? no fettuccine. no fries with that. no foods you love. no added salt. no added sugar. in a can? you can-not. no pizza. have that salad. unless there's dressing. then, no. remember, no skipping meals. but no late-night snacking. and no sleepless nights! is this stressing you out?! no stress! stress...is bad! exercise. but no overdoing it! and no days off! easy, no? no. no. no. no. no. or... you can 'know.' with freestyle libre 14 day, know your glucose levels and take the mystery out of your diabetes. now you know. sir, do you know what you want to order? yes. freestyle libre 14 day. try it for free. one, two! one, two, three! only pay for what you need! with customized car insurance from liberty mutual! y

. >>> joining us is former federal prosecutor, cnn analyst jeffrey toobin. 8-1 on this scotus decision. what's your reaction? >> it's a remarkable story. it's a cliche, you can take your case all the way to the supreme court. here this cheerleader in a very obscure controversy about who makes a cheerleading team in the middle of pennsylvania, it went all the way to the supreme court. it's a real issue because this is a case about how people, especially young people communicate in the real world. this is a snapchat where this young woman expressed an opinion that in my experience every high school student has felt at some point, and most of them have expressed in exactly this way, f school, f softball, f everything, and that prompted her suspension from the team. and the profound question raised by this case is, is this speech on campus or off campus. the supreme court said, you know what? it really doesn't matter where physically you are. you can't be punished if you're expressing something that just is blowing off steam and doesn't hurt anybody. there is a very important limitation on

his boxers and it appears many cnn have a proclivity broadcasting half clothed, both him and jeffrey toobin, had a lot of issues, no wonder the declining viewership. >> sean: why did you have to bring up jeffrey toobin? very bad memories for anyone who has a soul and a conscience. the thing that i find most interesting and i just don't care what other people say. whatever switch i'm supposed to have that cares about what other people think of me, it doesn't exist. they seem to be so hypersensitive in their little blue check bubble world that they live in that they can't take the criticism that they rightly deserve, no or that they are biased. >> i used to be a cnn contributor, spent two years they are and have to say it was under a different president, not under the current president. it was a very different newsgathering organization and right now, the direction of flows from the top and then top is to play to the left, use the words that divide the country and go after fox. i'm writing a book about the media called "broken" and cnn will have its own chapter in it. cnn put michael avenatti

jeffrey toobin is with me. usually cases like this are civil. not always.ee happening here. i'm very interested in if like does it ever work to go to the d.a. and prosecutors and say please don't do this? back off? >> it works rarely. it is customary to allow defense lawyers to meet before an indictment is filed and point out to prosecutors reasons why the case should not be brought. in a high-profile situation like this, it's extremely unlikely that it would work. the fact that these meetings take place is not at all unusual. what's unusual about this case is that, first of all, it's a corporate prosecution, apparently. and corporate criminal prosecutions take place rarely because criminal law is not really designed very well to deal with corporations. criminal law is about deterring and punishing individuals. and when there is a corporate case, all that can happen really is that there can be a fine. so it is almost like a civil case, it seems like small p potatoes stuff. the idea that you'll build a case around not paying taxes on a company car or other s

. >> some perspective now from cnn chief legal analyst, jeffrey toobin. times the former attorney general indulge election conspiracy theories leading up to the election. but now, in this excerpt of john carl's book, he is quoted as saying, quote, my attitude was, it was put up or shut up time. if there was evidence of fraud, i had no motive to suppress it but my suspicion, all the way along, was that there was nothing there. it was all bullshit. we realized, from the beginning, it was just bullshit. so, the theories he was stoking over the summer to that. what do you make of this? >> well, you know, the -- the donald trump, among other things, was the great-reputation destroyer. you know, virtually, everyone who served in his administration came away with a diminished reputation. and that goes triple for william barr, who had a, more or less, respectable tenure as attorney general. briefly, under george herbert walker bush. but he used his position, not as the people's lawyer, but as donald trump's lawyer throughout his two-year tenure. and, you know, in

so joining me now is cnn's chief legal analyst, jeffrey toobin. make this make sense for me. why would the trump doj -- doj investigate and seek the records of the trump white house lawyer? >> well, let -- let's just talk about what's unusual, and what's not unusual about this. you know, there have been leak investigations, for many years. under many different presidents. under president obama. it was very controversial, actually. he obtained or his justice department obtained the records of 20 phone numbers from "the associated press," as a leak investigation. a fox-news reporter, named james rosen. his records. so -- so looking at journalists. it's controversial but it wasn't invented by donald trump. what makes this so unusual is that, if you look at the people who were targeted, the journalists, including our colleague, barbara starr. the members of congress, eric swalwell, adam schiff. and even don mcgahn. what they, all, have in common is they created political problems for -- for president trump. it's not, it appears, any sort of national-s

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. >> some perspective now from cnn chief legal analyst jeffrey toobin.former attorney general indulge election conspiracy theories leading up to the election. in this except of john karl's book he's quoted saying, my attitude was it was put up or shut up time. if there was evidence of fraud i had no motive to suppress it but my suspicion all wait along was there was nothing there. it was all bullshit. we realized from the beginning it was just bullshitt. so now -- a long way from the theories stoking over the summer. what do you make of this? >> you know, donald trump among other things was the great rep trep reputation destroyer. everyone in his administration came away with a diminished reputation and that goes triple for william barr who had a tenure as attorney general under george herbert walker bush. not as people's lawyer but donald trump's lawyer throughout think tenure. when donald trump was starting the conspiracy theories based on nothing, on no evidence that mail-in ballots were froaud, th attorney general was spec speculating. now, at least

first up, cnn is getting cold out for giving jeffrey toobin a second chance.logy. >> obviously come i wasn't thinking very well or very much. and it was something that was inexplicable to me. i think at one point and i wouldn't say exactly in my defense because nothing is in my defense. i didn't think i was on the call. i didn't think other people could see me. it was wrong, stupid and i'm trying to be a better person. >> okay, greg come over to you. >> greg: the best part about the interview, you could see his hands, so that is important. [laughter] i was told by an insider at cnn they had the whole interview on a 72nd delay in case he started. and i also think the apology was worse than this and peer to because if you leave your laptop on while you are doing it, that could be an honest mistake but that was a deliberate travesty. i would love to be in the meeting when they came up with this and who to do it, what did he do to deserve this? i have no idea, she was on red eye ones, that? the favorite part is this is a character flaw. i will solve this and i wen

jeffrey toobin, thank you. the votes are still being counted here in new york city's mayoral primary. we will break down where things stand. plus, a significant potential upset in buffalo looking more and more like it where a socialist has declared victory over the four-term incumbent democrat. >> and the phoenix suns pulling off an incredible victory over the los angeles clippers. with one second left -- well, it's not this play, but the play they did it in. there's a question about whether it was even legal. is this it? can you do that? we'll explain next. (dad vo) i saw them out of the corner of my eye. just a blur when they jumped the median. there was nothing i could do. (daughter) daddy! (dad vo) she's safe because of our first outback. and our new one's even safer. (vo) the subaru outback, an iihs top safety pick+. the highest level of safety you can earn. ok, at at&t everyone gets our best deals on all smartphones. let me break it down. you got your new customers — they get our best deals. you got your

again, in the end, the justice department had just had it by, brianna. >> jeffrey toobin is back withs on this front. i have two reactions, two and a half. the first one is wow. the second one is so jeffrey rosen was the last line of defense for democracy there? and then my extra half reaction is, wow again. >> well, and good for jeffrey rosen. you know, we have belabored the trump justice department for its politicization throughout the four years of his presidency, but it is worth remembering by this point william barr, who had done a lot of trump's bidding, had quit more or less in protest about the crazies in charge at the white house. and rosen, who is known as a less political figure, is in charge. he held the line. but i think whitney mentioned a very important point here which is that the proximity to january 6th, that this his tears you is building in the white house. this is part of the story of how january 6th happened. you have on one hand these people pushing these really whack doodle legal theories and so-called evidence about fraud. at the same time, they're gathering p

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eagle analyst jeffrey toobin is back on the party scene, this time being spotted at a book party at someone'sjob back. your reaction, greg? >> these are two variables designed to make you cringe. jeff toobin and brian seltzer book party. two guys who love their sausage, mixing it up. by the way, who throws a book party for a paperback? both parties are only to soothe the ego when your ratings are going down. >> brian: been in the big picture jeffrey toobin feels like he turned a page. in greg gutfeld's mind, has he? >> if i went strictly by the fact that would say he made an honest mistake because he forgot to turn off a button. however, we don't know if it was an honest mistake. i haven't delved into it too deep, i just make jokes about him. and he is kind of ski v, let's be honest. >> brian: a good lawyer with a deep voice. that is all you need. kamala harris inviting women of the senate for dinner when she served them homemade cheese puffs. many people called them doodles. it makes me wonder, doesn't she have better things to do than bake cheese puffs? maybe go to the border perhaps? >> di

. >>> cnn legal analyst jeffrey toobin is bak on the air.s after he was caught exposing himself on a zoom call with colleagues at the "new yorker." the magazine fired him a month later. cnn's allison camerota asked toobin about the incident. >> to quote jay leno, what the hell were you thinking? >> well, obviously i wasn't thinking very well or very much. and it was something that was inexplicable to me. i think one point -- i wouldn't exactly say in my defense because nothing is really in my defense. i didn't think i was on the call. i didn't think other people could see me. >> toobin said he had no excuse for his conduct and apologized. he said he's been in therapy and doing community service at a food bank. a cnn spokesperson said toobin will be back on the network regularly as chief legal analyst. >>> south africa is investigating a woman's claim that she gave birth to a record ten babies. a newspaper in the capital of peoria -- rather, pretoria, says the woman and her husband claim she gave birth to the babies prematurely on monday. it

younger generations of men with drugs online addictions, addictions, not discounting jeffrey toobin. overall devaluation of men and males. we've had a me to monologue, not to me to dialogue. and we really need to have a conversation and men need to be in that conversation be it i talk about this in my book. the dv elation of males in general. and we have to start talking about it, male mental health. you know, stay-at-home dads are fine, but what -- how are we going to break through this century old way of thinking that men are either traditional or now modern men and this toxic masculinity. it smashed the patriarchy. we need to have fathers, we need to have good men, we need to have strong male role models in society. i'm concerned and the devaluation of men and men's mental health. so if we want equality, shouldn't we have a quality the board? >> greg: that would be scary. i like to see you in the front lines. you could probably handle it. speak i would do a pavement die for you. >> that email that that iheartradio sent -- you cover a lot of business. wasn't that an unspeakable tru

joining me now, chief legal analyst jeffrey toobin. good to see you.ek the records of the trump white house lawyer? >> well, let's just talk about what's unusual and what's not unusual about this. there have been leak investigations for many years under many different presidents. under president obama, it was very controversial. he obtained, or his justice department obtained the records of 20 phone numbers from the associated press as a leak investigation. a fox news reporter named james rosen, his records. so looking at journalists, it is controversial but it wasn't invented by donald trump. what makes this so unusual, if you look at the people who were targeted, the journal. is including our colleague barbara starr, the members of congress, eric swalwell, adam schiff and even don mcgahn, what they in common is they created political problem for president trump. it is not, it appears, any sort of national security issue. don mcgahn had all the clearances. he was someone associated with news stories in question, the mueller investigation that were ver

they are still eating cicadas and letting jeffrey toobin hang out, but this is like, you can' keep denyingbecause these are compelling images. what you said about the guatemalan president is really interesting because i think thi is the actual problem. the democrats choose to ignore common sense if it comes to people like us because they don't like us. so when they don't hear from us if we say we need a strong border and we need a process, like typical xena phobic fox news anchors, and then the guatemala can president says th same thing, what are you going to do? he doesn't work at fox, althoug i kind of like the cut of his jib. >> democrats have said this, jo biden, that is something that came back into talked about heightened border security. barack obama has an incredibly have talked about it, the question is to figure out how t do this humanely so we make sur we recognize everybody's right to claim assignment, to get think we had a humane way which was a message. tucker is going to talk about that next, how biden's open border policy is letting these killers in. finding new routes to r

joining right now, cnn chief legal analyst, jeffrey toobin and abby phillip, the host of "inside politics sunday." taking me back to when i was hit next to you in the oral arguments, to the original challenge of obamacare way back when. what do you think as jessica is laying it out, four conservative justices joining three liberal-leaning justices for this challenge. >> this was a bad case. this was a long shot for the plaintiffs. in the oral argument, it looked like, even the con serservative justices, like chief justice roberts and brett kavanaugh were skeptical. the message that chief justice roberts is trying to send now, for almost a decade, if you, my conservatives, want to overturn the affordable care act, do it through the political process. don't trust the courts to do it. we saw, when the president was donald trump, and the senate and the house were in republican hands, they couldn't do it. they couldn't come up with a replacement. this is a supreme court that changes nothing. this isn't the same-sex marriage case, where states tomorrow have to allow same-sex marriages. all the

how could anybody ever watch any segments with jeffrey toobin evr again when this is the firste' thingg to come to your mind when he comes on the air. look, it's not like he's completely indispensable. i'm pretty sure there's no shortage of legal analysts in this industry that can replace him. no, not at all. and to your point again, i didn't know that the camera was on? erso this is a okay if the camea isn't on during a work meeting with other female staffers? and the new yorker fired him right away. cnn continued to pay him for th eight months that he had this extended vacation. it's unbelievable. >> jeanine: i want to change subjects and talk about what i don't like happened at the church of st. john's last year that trump don't like they said that trump tear gassed these black gloves matter protesters. that turns out certainly not to be the case.d and i haven't heard of any retractions but i haven't heard anyone saying i'm sorry. i mean, it's just a lie.'t and there is no consequence in journalism for any of this. go ahead, tell me. >> all they did for the entire trump administrati

younger generations of men with drugs online addictions, addictions, not discounting jeffrey toobin.aluation of men and males. we've had a me to monologue, not to me to dialogue. and we really need to have a conversation and men need to be in that conversation be it i talk about this in my book. the dv elation of males in general. and we have to start talking about it, male mental health. you know, stay-at-home dads are fine, but what -- how are we going to break through this century old way of thinking that men are either traditional or now modern men and this toxic masculinity. it smashed the patriarchy. we need to have fathers, we need to have good men, we need to have strong male role models in society. i'm concerned and the devaluation of men and men's mental health. so if we want equality, shouldn't we have a quality the board? >> greg: that would be scary. i like to see you in the front lines. you could probably handle it. speak i would do a pavement die for you. >> that email that that iheartradio sent -- you cover a lot of business. wasn't that an unspeakable truth for a lot

. >>> joining me for more on this is cnn chief legal analyst and former federal prosecutor, jeffrey toobin your reaction to this ruling? >> i couldn't help but thinking about nick saban, the coach of the university of alabama football who makes $9 million a year from the university. the players who play for them, who put their lives on the line, are not allowed to get even the minimum wage from the university of alabama. the absurdity of that situation is really becoming apparent to more and more people. the -- college sports is not a multimillion dollar business. it is a multiple billion dollar business. the athletes, the people we all want to see, the people who make these sports are not allowed even to get a living wage out of it while lots of people are making a great deal of money, the coaches, the administrators, the conferences. and here you have what is often a politically polarized supreme court unanimous in saying this situation is really out of control and has to stop. >> this -- as jessica lays out, though, this is narrow, i mean as the supreme court does, right? this decision

15 months ago that this how long it would take to return we all would've laughed at you but if jeffrey toobin come back, why can't we? we hope you are as happy to see us here as we are as happy to see each other and if you are not, just like your germs, keep them to yourself. i have to commend you, dana, after i applied to the peer pressure, you had a fairly invasive procedure this morning and yet you showed up. >> dana: when we first started "the five," i was ten years away... actually, 11 years away from needing a colonoscopy. yes, okay, america, that's what i did this morning. everybody should get their checks, they just changed it to 45. >> greg: they lowered it? >> dana: which is why i had to go. >> greg: had to go back in time and get a retroactive colonoscopy which is like watching cnn. to be when you get to go to sleep for like 25 minutes. >> greg: jesse, you are now part of the family. it took a few mistakes and writing a book. >> jesse: i love being back at the table because i have something to prop my book up on. there it is, hard copy. greg, was it a man i propose to you? >> jesse

. >> will: didn't we learn the zoom lesson with jeffrey toobin? the ultimate cautionary tale.compunction. hey, thanks for watching "fox news primetime." new episode up today at fox news podcast and i will be back tomorrow, 7:00 p.m. tucker carlson is up next. check amount check him out. ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." it was a year ago this month check the calendar university of chicago economics called harold bewley questioned in public the wisdom of defunding the police. german by birth, a macro economist by trade so a fairly rational person. it may be a functional society might want to

for more on this we're joined by cnn chief legal analyst jeffrey toobin.xactly what clarence thomas says it is. >> i think he's making a point that lots of people are making at this point, that the system of marijuana regulation in this country is completely absurd. it remains illegal, clearly illegal under federal law, to possess, distribute, grow marijuana. virtually every state now allows it in some greater or lesser way. the federal government has said informally to the states, we are not going to prosecute anyone as long as you meet certain conditions about keeping organized crime out, keeping it away from children. but the laws are explicitly contradictory and at some point they're going to need to be harmonized. the question is will the courts force them to do it? and i think that's what thomas was suggesting. or the smarter thing, the more rational thing would be for congress to do it, but congress doesn't appear to be in any hurry to do it. >> they're not working as well together these days. we'll leave that one alone. >>> moving on to topic numbe

christine brennan sports columnist for "usa today" and cnn sports analyst and cnn chief legal analyst jeffrey toobinillions of dollars a year. what will be the immediate impact of this ruling for college athletes? and how much of those billions in revenue are they actually likely to see? >> we would maybe want to check back in about 20 or 30 years and see where this goes. i do believe this is a signal for the future in terms of athletes having the opportunity to make some money on their name, image, and likeness. i don't know we'll ever get to the point of paying athletes. of course if you pay the football players you intoed to play the field hockey players. there is something called title 9 which celebrates its 49th anniversary on wednesday the law that opened the floodgates for women and girls to play sports so you have to be very aware we're not just paying the men but also the women. i do think obviously the legal issue is there but right now this is about lap tops and internships. this is a very narrow look at a huge issue in college sports, the issue in college sports. one of the biggest issue

fired from "the new yorker" magazine last year for masturbating on a zoom call, legal analyst jeffrey toobind on cnn last week. but don't worry, they were extra careful. former white house press secretary kayleigh mcenany said yesterday, she quote, "never lied while working for former president trump. added mcenany, "or even when i worked for president obama." a man dropping off a package at a florida post office at 3:30 in the morning recently discovered a seven-foot alligator walking around the lobby still not as scary as a man dropping off a package at the post office at 3:30 in the morning. uh, where do you send hot meth [ light laughter ] according to a recent survey, 57% of americans say, have said, excuse me, that they've wanted to slap a politician though i'm pretty sure, some politicians have wanted to slap 57% of americans amazon announced yesterday it's testing new technologies to help make its warehouses safer, including two roobots -- roobots. caught that one. as soon as i said it, i was like, it's not roobots including two robots named bert and ernie. and they brought in this g

here discussing it, david axelrod former senior adviser to president obama and jeef cnn analyst jeffrey toobinied when the affordable care act passed back in 2010. as someone who spent so much time with president obama working to pass that law, what is your reaction to what the supreme court has ruled? >> relief. it was a little anticlimactic because most people deadduced deduced from the arguments earlier in the year that the affordable care act would survive. but still, this was the last major challenge in terms of throwing the whole act out. that was what was being asked. there are some other legal issues that are rooting around out there that may still surface. i think this was a watershed event. for all of the people who have benefited from the law and all of the people who will, i feel a great sense of relief. the reason i wept was because i had my own battles with the health care system when i have a child with a chronic illness, epilepsy, pre-existing condition. and it was hell to deal with the insurance companies and all of the problems that entails. i thought about all the folks who

fired from "the new yorker" magazine last year for masturbating on a zoom call, legal analyst jeffrey toobindropping off a package at a florida post office at 3:30 in the morning recently discovered a seven-foot alligator walking around the lobby still not as scary as a man dropping off a package at the post office at 3:30 in the morning. uh, where do you send not meth [ light laughter ] according to a recent survey, 57% of americans say, have said, excuse me, that they've wanted to slap a politician though i'm pretty sure some politicians have wanted to slap 57% of americans amazon announced yesterday it's testing new technologies to help make its warehouses safer, including two roobots -- roobots. caught that one. as soon as i said it, i was like, it's not roobots including two robots named bert and ernie. and they brought in this guy to make sure they meet their quotas and finally, the movie "in the heights" opened in theaters this weekend. a musical about a dominican and puerto rican neighborhood in new york city. one of our writers, jenny hagel, is puerto rican and she's here to review