cnn's jeffrey toobin with us,

this is the exciting stuff in a trial, right, jeffrey toobin? >> even the most interesting trial has intensely boring moment, and we happened to have capture one of those for our viewers. >> we did. >> tell us, jeffrey, about these defense witnesses and where we stand on the trial. the judge says things could be wrapped up as soon as next week. >>> one of the things that's remarkable about what we're going to hear today is that this is a use of force expert, the kind of expert you usually see in a prosecution of police officers. but here we have some who could easily be described as a vigilante, and he is being -- you know, his actions are being described by the use of force expert trying to justify or explain why he fired these fatal shots, which is -- i mean, it's pretty unusual to have a use of force expert -- >> on the defense side. >> -- in a case against a civilian. >> we remember this from the george floyd trial, the use of force experts talking about the cops' behavior. >> sure. >> we have larry seidlin and bob bianchi. la larry, back to

thank you. >>> joining us now, analyst jeffrey toobin.e the existing case, the weisselberg case, is really a small potatoes case. it is very bad news for weisselberg personally, but the amounts of money it issued, the kinds of crime, paying for a car and not paying taxes on it, paying for tuition at his grandchildren's school, not paying taxes on it. it is a criminal case but it is certainly not one that really implicates the former president in any way that's apparent from the face of the indictment. the investigation of the double booking, as you were talking about, you know, giving one valuation to tax authorities, one valuation to banks, that's a potentially much more serious case, also one that potentially implicates the former president. so it's a big deal, but we should, of course, say just because there is an investigation doesn't mean there are going to be any charges coming out of it. >> also just how tough an investigation might it be? as long as allen weisselberg isn't cooperating with prosecutors, there's no public indication

joining me now cnn chief legal analyst jeff relative -- jeffrey toobin.f this lawsuit, that does it say? . >> osha, which is the part of the deposit that is establishing these requirements, is issuing an emergency regulation. and under that emergency rule, they can impose a requirement if there is a grave danger to workers. that's the standard. and the question in these lawsuits is, is there a grave danger discussing this action by osha? frankly, based on what i understand of the law, i think it's not entirely clear. i think these lawsuits are not obvious in how they will come out. there may be different results in different parts of the country. i wouldn't be surprised to see this end up before the supreme court before long. >> and they have all held up, but this is different. >> it is different because it is the federal government and the federal government has smaller jurisdiction and states have broader jurisdiction and clearer right to impose these sorts of requirements. the federal government is more limited. we'll see if this holds up. >> all right

jeffrey toobin, than you so much. we'll be standing by as we watch this -- as we watch what's happening in kenosha, wisconsin, and that trial. >>> i want to get back over to washington right now as we have president biden, who is now approaching to take part in a wreath laying at the tomb of the unknown soldier. let's watch. >> present! >> present! >> arms! >> arms! ♪ ♪ ♪ >> present! >> present! >> arms! [ drum beats ] [ "taps" is played ] ♪ >> the wreath-laying ceremony is now complete. the veterans day program will begin momentarily. please move to your seats. >> all right. as we saw just there, president biden taking part in laying a wreath at the tomb of the unknowns, the first soldier laid to rest there on november 11th, 1921, three years after the end of world war i. the program will continue. president biden will be making remarks to honor all of those who have served in our armed services on this veterans day. he's going to be speaking very shortly. when those remarks begin, we'll take you back to washington.

. >> i want to bring in a former federal prosecutor jeffrey toobin. jeffrey, let's get your reaction to that sound from the judge knowing now that camera crews were embedded with the defense throughout the entire trial. i mean, i wonder, jeffrey, whether the judge was aware that tucker carlson had a film crew with rittenhouse during this trial. >> i doubt he did. and in fairness to fox news, i don't think they were under any obligation to disclose it in advance. i think the effort by fox news and people on the right generally, to make a hero of rittenhouse, is appalling and disgraceful even as i believe the verdict in the case was defensible. but, you know, i think what's so nauseating about this hero worship of rittenhouse is that it sends the message that his behavior was not just worthy of a not guilty verdict but somehow admirable, which i find repelling. >> yeah. as they talk to the media, should the rittenhouses be concerned about potential civil suits? >> i think they should be very concerned about that. just to refresh people's memory with the

joining us now is cnn legal analyst martin, and jeffrey toobin is become as well.liberations after working through the lunch. they are considering some accocomplicated charges against three men. might that drag things out? since they have to wade through each of these charges and decide the fates of these men. >> what we heard from sara is they wanted to work through the night and they were close to getting a verdict before they actually retired. it looks like they will be back tomorrow. so what we know is the prosecution put on a very effective case. she made the complex case, she made it pretty simple. she walked through the jury instructions and gave them a road map on how to even go through the jury instructions and how to show the evidence that was presented in had the case to those jury instructions. when you think about this case you have a young man jogging down the street. you have these two defendants jump in their car to chase him. they have not witnessed him commit a crime. and they trap him like a rat and then they it shoot at point blank this unarmed

and cnn chief legal analyst, jeffrey toobin. jeffrey, you surprised at the verdict at all given how this case unfolded? >> not really. this was always a tough case for the prosecution. i thought the reckless endangerment case was the strongest one that the -- the least serious count. um, the -- the -- the unfortunate message that -- of vindication that making a hero of -- of kyle rittenhouse is appalling. but the actual verdict in this courtroom, based on this evidence, is a defensible one i think. >> sara sidner's -- i mean, you heard sara sidner's report. the jury returned a full verdict today. i mean, the whole argument of his -- which seems to be the prosecution' argument, which was by his very being there, he was provoking things. and therefore, the -- the self-defense doesn't apply. but clearly, the jury said they didn't buy that. >> and -- and there were problems with the prosecution theory. think of the three people that he shot. um, rosenbaum chased him. >> right. attacking with a skateboard. >> the other one attacked hi

[laughter] he shouldn't be thinking about getting a permit before going after jeffrey toobin. i think you are going to see, if the media deliberately blocks this information from coming out and instead -- for example, you never would've known that gaige pointed a gun at this guy if you had been following the media's coverage of this. therefore, if he is acquitted, you are going to have the same thing were people go "oh, my god, why guy is acquitted, he can do whatever he wants!" even though he shot white people. our media is interested in the racial divide. they will make it about race. rex chapman artie did on people. what's going to happen is you will have the activist class egged on by the media again at cnn, saying "it's time to scream and yell, and yes, restorative justice can take the shape of looting and arson." we are in the business of misinforming the public to create conflict. >> dana: we have a montage of our team put together of some of the media coverage. >> to defend the actions of a 17-year-old man who killed two protesters, one of which was armed with a skateb

jeffrey toobin, student of humanity, what does this tell you? maggie said, it's always about him. youngkin won by distancing himself from trump. whether that model works in more republican districts is, i think, very much an open questionm question. if you look how the republican party seems to be embracing him. chris chriskchristie is a lonele in the party at the moment. that attitude is not widely shared in that party. >> he is right. i also think that the cohesion around donald trump did not happen overnight. i think it'll take not just christie but probably other voices saying it as well. see if others join him. about that statement, the thing that is -- christie didn't have 9% approval rating. it was low, but it was not 9%. it is done to throw a brush back. the more you start seeing people, if we start seeing people, not reacting to that, not being brush ed back, that's the only way republicans move away from trump. >> we're here again, a time of choosing. now we will see how people react. jeffrey toobin, maggie haberson, thank you is -- so

joining me now cnn legal analyst and former prosecutor jeffrey toobin. six weeks ago. what's going on here? >> what's going on here is somewhat of a mystery. the court is acting out of character in the way they have handled this case. first of all, they made this very important decision on the merits, letting the law go into effect with just a two-paragraph opinion but then deciding to hear a challenge to the law in li lightning fast speed by standards. i don't want to get into the weeds. when the supreme court agrees to hear a case they grant certiorari and within months hear the argument. here they took granted certiorari and set the argument a week later which suggests they realize the magnitude of the case they're dealing with. >> the "new york times" in their writing of this said maybe there was a justice who had if not a change of heart, felt like he or she needed to hear more about this right away and that person could be brett kavanaugh. >> it could be and that could have happened. i don't know it did happen. if you look at the voting patterns of

that's where you could really start to see some serious cases but we haven't seen them yet. >> jeffrey toobinto cooperate with. >> not yet. judge, i appreciate you being with us. jeffrey, thank you, sir. >>> so, tennis star peng shuai resurfaced other the weekend but not in public. instead, on a video chat. who show spoke with and why it's raising a lot of questions. that's when "360" continues. r ud purchases on your discover card. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th just getting by. it's an ongoing struggle. that's why president biden and democrats in congress have a plan to lower costs for america's working families. lower costs of health care premiums. and the price of prescription drugs. pay less for electric bills by moving to clean energy. we do it all by making the ultra-wealthy pay their fair share of

. >> chief legal analyst jeffrey toobin. there are things tied together loosely.ely we're in this period of limbo. let's start with mark meadows who i don't think is going to show up at 10:00 because he told us he's not going to and he could be in the steve bannon situation, which is that congress has voted him or referred him to the justice department to say, charge him with criminal contempt. we're waiting on merrick garland to decide. >> correct. and the one theme that is consistent throughout this is that time is passing. and this congressional committee does not have an unlimited amount of time. in fact, they want to wrap up this investigation at least by the middle of next year. and by not get being the witnesses they need, by not getting the documents they need, they are losing. and even though this decision by the d.c. circuit yesterday to -- was a brief delay, it's a delay. and delay hurts this committee. >> let's take these in sequence. merrick garland needs to decide what to do with steve bannon. >> correct. >> and that's enormously important for the pa

that's where you could really start to see some serious cases but we haven't seen them yet. >> jeffrey toobinese guys have nothing to cooperate with. >> not yet. judge, i appreciate you being with us. jeffrey, thank you, sir. >>> so tennis star peng shuai resurfaced over the weekend, but not in public, instead on a video chat. who show spoke with and why it's raising a lot of questions. that's when "360" continues. [gaming sounds] [gaming sounds] [gaming sounds] just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. to be a thriver with metastatic breast cancer means asking for what we want, and need... and we need more time. so, we want kisqali. living longer is possible and proven with kisqali when taken with a nonsteroidal aromatase inhibitor in premenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus a nonsteroidal aromatase inhibitor alone. kisqali c

you get jeffrey toobin and comes out and says this kid has no training.te lines with a gun. he didn't know the facts. he has training. he is not listening to the evidence. where does the hate come from? >> because two people ended up dead. he got the gun because it looked cool. he went to the riot about a black man being shot. >> holding a knife. we know this facts. the two people dead was a pedophile that raped children. >> he should be dead? >> absolutely! >> no, no. >> [overlapping talking]. >> i am the judge here. the bottom line is this. there is testimony not only from the defendant himself but from drew hernandez. all agree that rosenbaum came after kyle rittenhouse. there is testimony that grosskreutz came at him with a gun pointed at his head. that's self-defense and hoover came at him with a skate board and knocked him in the neck with it. forget all of the other stuff. this kid should not have been indicted? >> not on that charge. but the murder charges absolutely not. take the politics out, judge. every lawyer that has seen the trial and looke

that made them angrier than jeffrey toobin running out of kleenex. >> if they think they are going to of policing, that we are going to take to the streets again. there will be riots, there will be fires, there will be bloodshed. >> greg: that sounds like the status quo right now and that is the problem. when things are this bad on the street, vowing that things will be bad on the streets no longer rates, it doesn't matter. you are threatening us with what we already have, that's like the view threatening you with stupidity. are you hopeful at all that democrats are finally beginning to see they are incentivizing criminals. >> i'm not. i'm hopeful they would see the light of day but they are not going to, we saw this in the virginia election and we sell this in elections around the country. when you defund the police you shouldn't be surprised when you get more crime except democrats don't care. you saw with the bill they passed. the folks that i represent in west central ohio, they aren't going to get into that. they believe in the second amendment where i'm from. >> i don't think th

joining me for more is cnn chief legal analyst, former federal prosecutor jeffrey toobin. t's your reaction to what you've heard in the courtroom so far? i was listening -- i mean, it's an oral argument. there's a lot of nuance and it gets deep into a legal theory far above my head. what's your reaction to what you've heard so far? >> the one thing i think all nine justices would agree on is when justice keagen said we're in a procedural morass here. the procedural setting of this law intentionally is so bizarre and unusual. as jessica said, the issue before the court today is when you have a law like this where the state doesn't enforce the law but individuals anywhere in the 50 states can sue an abortion clinic and say you're violating the law, who do you sue? who is the defendant? what is the procedure for challenging this law? do you sue the judges who are hearing the case? do you sue the court clerks in texas who agree to accept the complaints in this case? it's a very difficult technical problem. and what is interesting to me is that there were examples of some of the

that made them angrier than jeffrey toobin running out of kleenex. >> if they think they are going tod ways of policing, that we are going to take to the streets again. there will be riots, there will be fires, there will be bloodshed. >> greg: that sounds like the status quo right now and that is the problem. when things are this bad on the street, vowing that things will be bad on the streets no longer rates, it doesn't matter. you are threatening us with what we already have, that's like the view threatening you with stupidity. are you hopeful at all that democrats are finally beginning to see they are incentivizing criminals. >> i'm not. i'm hopeful they would see the light of day but they are not going to, we saw this in the virginia election and we sell this in elections around the country. when you defund the police you shouldn't be surprised when you get more crime except democrats don't care. you saw with the bill they passed. the folks that i represent in west central ohio, they aren't going to get into that. they believe in the second amendment where i'm from. >> i don't th

shaking a ball that automatically starts a video chat on the lap top, making things weird for jeffrey toobin'slly exciting to get calls from zak, but then it became a bit more emotional in the end when zak would not call her. issing she blamed on him being confused. yeah, right. it's bad when you're the clinging one in a relationship with your dog. whatever you need to tell yourself. honestly, she sounds like a crazy cat lady. meanwhile, dogs are entering the world of technology and social media. it's a matter of time before they do what humans do and create their own pornography. [ applause ] you're applauding dog porn. what kind of audience is this? >> you know exactly what audience this is. >> you made videos of dogs into dog porn. >> yes. the music made it work, cat. you think we're ruining dogs' lives by introducing them to social media? >> yes, my dog is on social media, i don't run the account. i face that with my dog enough. when cam worked from home, i would facetime. this is not about me. i don't care. >> what did the dog -- what if the dog starts to crave the attention. is he going

. >>> more on the breaking news with jeffrey toobin. we're also joined by cnn legal and national security analyst. thank you, both of you, so much for being with us. jeffrey, let me start with you first. how important are these five individuals? roger stone, he's already been pardoned once. not going to get a pardon from this president. and alex jones. they're two of the most ridiculous, cartoonish liars on the face of the earth. do we really expect them to cooperate that much with this investigation or are we really getting to what he was just talking about, these lesser known individuals. they may hold a lot of information that's going to be very helpful. >> well, i think the committee has to act as if they can get every once they want. they have to go out and try to interview everyone who has relevant information and clearly, roger stone and alex jones would have relevant information about what went on on january 6th. the question of, first of all, will they cooperate, and second of all, can the committee force them to cooperate? thos

i am joined by jeffrey toobin. this is a case that i have been watching closely. states allowing people to carry in public could apply in other states, even if those other states oppose such laws. explain to us how this could transform the second amendment rights nation wide and where the court might be leaning on this. >> well, jim, you know in 28, the supreme court in the famous decision decided that there was a second amendment right to own a handgun within your home. but in the subsequent years, it's now a long time. they have not really addressed how broadly to concede to individuals really goes. this case is the first time now with three new term justices, the court will explore how broad the second amendment right is. the position of the gun rights supporters, the challengers to this law is that the second amendment is like the first amendment. you can't regulate the free speech in this country. so you can't regulate gun ownership. and the implications of that are really enormous. because when you think about gun regulation in this country, the size of guns

but for jeffrey toobin, to be the idiot police. >> lawrence: yes! >> when he may be the biggest idiot of all time. >> lawrence: you dumb dumb, you showing your business. >> that would be like i get on tv and be like hair extensions are bad. >> lawrence: i got to let you go, i will be back here tomorrow, tucker carlson is up next. >> tucker: good evening and welcome to "tucker carlson tonight." going to bring you in this evening alive picture coming to us from washington, this is your new boss. it is china's biggest retailer, it is the man who will soon be in charge of you, your family coming future, it is mr. jeff bezos speaking, for some reason, from the national cathedral in washington. before long, pictures like this will be mandatory of our dear leader, we should do you, we are telling you tonight's, voluntarily in preparation for the coming future for the years we will spend toiling cheerfully in the sugar caves. but we also wanted to point out a striking resemblance that may give you a taste of what's to come, so that is jeff bezos, again, you

let's get analysis, joining us, jeffrey toobin, author of "true crimes and misdemeanors, the investigationcal analyst, author of a book "saving grace, speak your truth, stay centered, learn to coexist with people that drive you nuts." thanks to you both for joining us and for the new books. meadows' lawyer says he hopes they don't have to waive executive privilege. does this set up another potential showdown of what meadows shares? >> i would like to, i think the announcement today is frankly mysterious. it is unclear what exactly he has agreed to testify about, what documents he agreed to testify about. the nightmare scenario for the committee is this just turns out to be more delay and they don't get anything meaningful out of meadows. the theory may be look, we don't want to have another long court fight, let's get what we can and move on, but meadows is an extremely important person and they certainly want to get a substantive interview out of him. the announcement today does not seem clear to me about whether there really will be a lot of meaningful information to come out of it. >> m

let's bring in cnn's chief legal analyst, jeffrey toobin. the author of true crimes and misdemeanors, the investigation of donald trump. how big of a bump in the road is this for the select committee? >> it's definitely a bump because tomorrow was going to be the day. they started to get the documents. and this is a win for the trump legal team. no question about it, but it may just be a reprieve. not a win for all time because this is an aggressive, fast schedule that the panel has set up and the panel, the three judges, are extremely favorable for the house plaintiffs in the case and not the former president. >> the federal judges were all appointed by democratic presidents. is that your point? >> that's right. they were appointed by president obama. judge jackson, she was just appointed by president biden to the d.c. circuit. she's considered a very likely possibility for the supreme court if there is a vacancy in the next year or so. so this is a dream panel for the democrats, but i think they recognize that if they didn't issue a stay,

joining us, our cnn chief legal analyst, jeffrey toobin.hor of true crimes and misdemeanors, the investigation of donald trump. also with us, cnn's senior legal analyst, preet barara. this showed the breadth of documents the former president is trying to keep secret. how necessary is it that the committee gets access to these logs and memos? >> i think it's absolutely necessary. it's fundamental to our ongoing c continuation as democracy. it's clear that it needs to be made public. the committee needs to review it. questions need to be asks about these materials. first so we can make sure it never happens again. second so we can make sure we hold accountable those who need to be held accountable and what laws might need to be changed and what laws might need to be pass ased. for fundamental democratic values and for future law making. i think there's nothing more important than getting everything together over these false claims and scandalous claims of privilege, which i don't think will hold up in court. >> you know, jeffrey, the pace wit

laughter ) if true, you know what this means: we may be one year away from sexiest man alive jeffrey toobinmorrow to see me make that announcement, and mr. jordan, enjoy your last 24 hours. i just pray we see a peaceful transfer of sexy. ( laughter ) we'll be right back with abc news chief washington correspondent and, possibly sexiest man alive, jonathan karl. ( cheers and applause ) ( band playing ) ♪ singing and driving ♪ ♪ playing the drums ♪ ♪ what could be better ♪ ♪ taking a nap ♪ ♪ drive a friend home ♪ ♪ stop for a snack ♪ ♪ things you can't do ♪ ♪ using an app ♪ ♪ don't send emojis ♪ ♪ go hug your mom ♪ ♪ drive to the airport ♪ ♪ show him some love ♪ ♪ now grab a taco ♪ ♪ because it's late ♪ ♪ and tomorrow is ♪ ♪ rated everyone. kyle wrote “there's literally nothing to do but play games in vr." well kyle, how about experiencing a couple of years on the iss? whoa, are you guys seeing this? affirmative. kyle doesn't get it. tender pork. tangy pickles. delicious sauce. any one of these alone would make a good sandwich. but to be the “most important sandwich of the year,” i'd humbly s

. >> joining us now, jeffrey toobin, the author of true crimes and misdemeanors, the investigation of donald trump. also with us, the former ohio governor, john kasich. and cnn's chief political analyst, gloria borger. jeffrey, how important are these witnesses going to be as the committee tries to piece together the events that led to january 6th? >> well, they're very important, but i think the odds of the committee hearing from any of them are remote. what jumps out about these six is none of them worked for the government so none of them should be in a position even to claim executive privilege for protecting their conversations, but like bannon, they are likely to refuse to testify because they are all trump loyalists. but look what's happened to steve bannon. yes, the house referred him for contempt to the justice department, but the justice department has been dithering since october 21st doing nothing, allowing bannon to run out the clock and it certainly seems like this six will follow a very similar pattern and this committee cannot last forever. the fact that they will go t

. >> stand by, jeffrey toobin has been watching all of this unfold. assessment, jeffrey? >> i still think this is a tough case for the prosecution. self-defense in circumstances like this is difficult to refute. but i do think the prosecution made some progress today. i thought the focus on the four shots that were used to kill mr. rosenbaum, four shots. um, that's a lot of shots. and he could have done it -- he could have done it with less or no shots. i thought that was a very effective moment for the prosecution. >> laura coates, what'd you think? >> i think the use of the phrase active shooter really ruled the day. we thought that victims or the idea of not being able to use that word would be very impactful but the idea of threading a very important needle here. not alienating gun owners in wisconsin but also asking the question did you forfeit your life if you try to be heroic and stop an active shooter? that was the most compelling today of the closing aurmtds. >> paul callan, what did you think? >> i think it's the difference between the prosec

cnn's jeffrey toobin with us, the author of "true crimes and misdemeanors: the investigation of donald trump". the committee is sending mark meadows another letter. how hard is it going to be for them to get the information they want from him? >> well, it's going to be difficult but it just got a bit easier because they now have new leverage. now that the justice department agreed to indict steve bannon, this threat of an indictment is now real. bannon obviously sees an environment as a marketing opportunity. he seems to be having the time of his life as a defendant. most people actually don't feel that way about being a criminal defendant. mark meadows lives more in the real world. the idea of being a criminal defendant is probably a lot less appealing to meadows than to bannon. >> i suspect you're totally right on that. gloria, the committee soon issuing more subpoenas. a member told me in the last hour they want information from people with personal knowledge of january 6th. but could lower profile witnesses reveal more information than the high-profile battles going on with meadows

cnn chief legal analyst jeffrey toobin is here as well as shan woo, defense attorney and former federal prosecutor. jeffrey jeffrey, clearly the judge was caught in the middle of something. tell me what you think happened there. >> if i can focus on a somewhat bigger picture, i feel so sorry for these jurors. what the hell is he talking about? this is the most incomprehensible collection of instructions that i have ever heard. jury instructions as a rule are terrible in the united states. but to ask reasonable, normal people to listen to this droning recitation and expect them to make sense of it is really extraordinary, especially now -- i don't know what he's confused about, but, i mean, i just think this is an appalling system. >> jeffrey, let's jump back in and see if he offers any clarity. let's listen in. >> you know, i worked with the instructions all weekend, and we discussed them by email. and then i'm reading them, and little things are striking me as i read them. but the jurors are never told to actually discuss self-defense except in the context of charged offenses. and what

but for jeffrey toobin, to be the idiot police. >> lawrence: yes!iot of all time. >> lawrence: you dumb dumb, you showing your business. >> that would be like i get on tv and be like hair extensions are bad. >> lawrence: i got to let you go, i will be back here tomorrow, tucker carlson is up next. >> tucker: good evening and welcome to "tucker carlson tonight." going to bring you in this evening alive picture coming to us from washington, this is your new boss. it is china's biggest retailer, it is the man who will soon be in charge of you, your family coming future, it is mr. jeff bezos speaking, for some reason, from the national cathedral in washington. before long, pictures like this will be mandatory of our dear leader, we should do you, we are telling you tonight's, voluntarily in preparation for the coming future for the years we will spend toiling cheerfully in the sugar caves. but we also wanted to point out a striking

joining us are jeffrey toobin, the author of the book true crimes and misdemeanors, the investigationtrump. also with us, our senior legal analyst, former u.s. attorney preet bharara. this former justice official jeffly clark is set to appear before the select committee tomorrow behind closed door but his testimony has been a moving target over the past couple of weeks, hasn't it? >> yes. he changed lawyers and delayed his initial appearance. we'll see if he shows up tomorrow. but if he does, one of the most important questions that he will be asked is who were you dealing with the at white house, who knew that you were engaged in this activity, who told you do to. it is not what he thinks about what happened, it is what his relationships were and what his conversations and potentially documents were related to what were they with other people, especially at the white house. >> preet, you heard a little of what the judge had to say today in this hearing over trump white house documents. how do you interpret that? >> well, the key takeaway is that this judge and i think most reasonable

cnn legal analyst former prosecutor elliott williams is with us and cnn chief legal analyst jeffrey toobin author of the book true crimes and misdemeanors, the investigation of donald trump. they just finished third day of delibe deliberations without a verdict. and he's feeling worse than i was yesterday. should the defense be getting increasingly more nervous? >> you know. i really don't think you could draw any serious conclusions from the length of the deliberation. it is not a lot deliberation. it is a complicated trial. the jury instructions are a mess as the the judge himself acknowledged. he should have -- he should have done a better job. jury instructions in the best of circumstances i find are very difficult for ordinary civilians to understand, these are an specially confusing set of instructions so i think three days of deliberations is not a particularly long time. i think if they go beyond tomorrow, that will suggest significant disagreement because jurors often wrap up things on fridays. they don't want to have to worry about it over the weekend. so i think tomorrow is a bi

i are have for years said that jeffrey toobin and others at cnn who make so many mistakes, so many falseplayed back after they've been proved false the same with scarborough, with don lemon. there has to be accountability. now, i'm a first amendment supporter, so i'm reluctant to encourage lawsuits although i'm suing cnn for doctoring a tape of what i said in front of the senate. the first amendment doesn't protect against malicious statements. here the statements were malicious, repeated, they continued to occur even after the verdict. there's no excuse for it. howard: obviously, not just cnn. you also mentioned the new yorker and other news organizations. but with all of that -- and mistakes were made, and maybe it's more than just mistakes, but the tone and the attitude of the coverage -- isn't vigilantes a pretty strong word? >> no, i don't think. vigilante is somebody who wants to impact the outcome of a case, to put the elbow on the scale of justice without any basis at all. i was using the term only because they used the term against rittenhouse. now, that's not a defamatory term,

joining us now to discuss, cnn's chief legal analyst jeffrey toobin, author of the american heiress. it's a self-defense case. tell us how well they made their cases so far. there are two different shooting deaths here with somewhat different circumstances. >> right. there are two ways also of looking at this whole case. one is a matter of public policy. what is a 17-year-old with no training, no gun permit, no ties to this community, doesn't even live in the state of wisconsin, going in the night -- in the middle of the night to a riot to help out? just an incredibly stupid irresponsible decision. but that's not what he's on trial for. he's on trial for murder and i thought he was an effective witness on the issue of self-defense because he could testify that there were other people with guns, somebody swung a skateboard at his head. that is not -- that suggests self-defense, and the prosecution, i thought, did not do a very effective job in cross examining him. >> the prosecution has faced a fair amount of criticism. what i found really remarkable is -- and this is not the first ti

i want to bring in chief legal analyst jeffrey toobin and former co-counsel for ahmaud arbery's mother chris stewart. as closing arguments wrap up for the day, which side do you think has made a more effective case, do you think? >> clearly the prosecution, especially when we saw today the defenses being put on. it was disrespectful, horrific, and attorney hogue should be ashamed of herself. to bring up his feet in the middle of trial? what's wrong with you? not only disrespecting ahmaud, but you know his mother was right there. attorney sheffield tried to make travis into a cop which he's not. he's not trained like our law enforcement are. and mr. goff, i have no earthly idea what he was saying and what he's trying to defend. >> jeffrey, as we saw in the rittenhouse trial, self-defense can be a difficult thing to disprove. what do you think? has the prosecution effectively laid out why the actions of these defendants don't qualify as self-defense in their view? >> boy, i am so struck by the differences between these two cases. the rittenhouse case, as we said from the beginning, struc

so joining us now, cnn chief legal analyst jeffrey toobin and co-anchor of state of the union d d dana

. >> i want you to stay with us and bring in jeffrey toobin, the author of true crimes and misdemeanorsonald trump. also maggie haberman, the washington correspondent for "the new york times." maggie, there's been serious tension as we know between former president trump and former vice president pence since the attack that day. will the level of cooperation from pence aides reflect that? >> there's less tension between pence and trump directly despite everything that happened than there is between the two camps. i do think this is going to cause more friction. i think that trump in particular does not want to see pence's folks go talk to the committee. these are not all identical advisers. keith kellogg, yes, he was in the oval office. keith kellogg is widely seen among pence's aides as candidly more loyal to trump than pence. among the questions people that, i understand robert o'brien was at southcom that day and was not available and that's why kellogg was there. but the fact that kellogg was there at the tent and the rally and not focused on pence raised a lot of questions for penc

so joining us now, cnn chief legal analyst jeffrey toobin and co-anchor of state of the union d d dana bash. talk to me about these issues >> these are serious documents if you are investigating the january 6th insurrection and what connections the white house had to it, if any. these are very important documents to congress. the national archives is supposed to turn them over on friday, the day after tomorrow. trump's lawyers vowed not only to appeal but to get a stay of this ruling. so what i expect we will see is a request to the judge who issued this, for her to issue a stay for her own ruling. i think that's probably unlikely since she made the ruling. but they will immediately then go to the united states court of appeals for the d.c. circuit, a three-judge panel, a very politically polarized court where, depending on which three judges he gets, may depend -- that may determine the outcome by -- just by knowing who is on the bench. we should know by friday if they are going to get the documents or not. if there is a stay, it could be months. >> jeffrey, the legal question at play

joining us now to make sense of it all, cnn chief legal analyst jef jeffrey toobin and former texas statets. what do you make of what happened today? >> well, i took away from it a glimmer of hope. i think a lot of people in texas are feeling that way today. it appears as though, based on the questions asked by some of the conservative justices, they may allow federal court review of what texas has done and kick this back to the district court, the federal district court, where of course -- was originally filed. we hope that by doing so, that court will be given the opportunity to declare this law violative of the constitutional principles that of course it does seek to violate. >> jeff, there's a lot of folks -- what did you learn today? >> what was interesting was that justice kavanaugh in particular did not seem interested in abortion as much as he seemed interested in protecting the right to bear arms. let me explain what i mean. is that this law, as you mentioned, allows citizens anywhere, anywhere in the united states, to sue an abortion clinic in texas for conducting an abortion af

he joining us now to make sense of it all, cnn chief legal analyst, jeffrey toobin who's also writtenooks on the supreme court. and former senator wendy davis. you listened to the oral arguments. what do you make of what happened today? >> i took away from it a glimmer of hope. i think a lot of people in texas are feeling that way today. it appears as though, based on the questions asked by some of the conservative justices, they may allow federal court review of what texas has done. and kick this back to the district court -- the federal district court where -- case was originally filed. and we hope that by doing so, um, that court will be given the opportunity to declare this law violative of the constitutional principles that, of course, it does seek to violate. >> jeff, i mean, obviously, there is a lot of focus justices barrett and kavanaugh as potential swing votes on this. what did you learn today? >> well, what was interesting was that justice kavanaugh, in particular, did not seem interested in abortion as much as he seemed interested in protecting the right to bear arms. let

. >> well, cnn legal analyst jeffrey toobin said the defendants will still face consequence including the prospect of having their wages garnished and property taken. stay on top of that story for you. >>> now to wisconsin where a child has died, becoming the 6th victim of sunday's christmas parade rampage. the man accused of deliberately ramming his suv into the crowd made his first court appearance on tuesday. his bail is set at $5 million. omar jimenez reports. >> there are not words to describe the risk that this defendant presents to our community. >> reporter: after being accused of killing six and injuring over 60 others, 39-year-old darrell brooks makes his initial court appearance. >> i have not seen anything like this in my very long career. >> reporter: he was charged with five counts of first degree intentional homicide. but prosecutors say a sixth is coming. >> i wish to notify the court sadly that today we learned of another death of a child. >> reporter: and there is new video of the moments -- >> whoa, whoa, whoa! >> reporter: police found and arrested the 39-year-old

our chief legal analyst joins us, jeffrey toobin and laura coates. laura, this jury found kyle rittenhouse not guilty on all charges. what is your reaction? >> you know, honestly not surprised by the ultimate verdict in this kachlcase. the prosecution had a very hard road ahead of them. the threshold in wisconsin for establishing self-defense made it such that prosecution had to disprove that kyle rittenhouse's belief he was in fear of his life or grave bodily harm was somehow unreasonable. and he gave very compelling testimony when he testified on the stand. he said the prosecution had to try to disprove that. remember, the jury instructions here are so key, wolf. not only did they talk about having the jury have to view through kyle rittenhouse's eyes, not monday morning quarterback, or hindsight of the jury, but also the idea of notion of did he do everything he could to try to escape even if his presence with the ar-15 was somehow provication? i think the prosecution had a very uphill battle trying to overcome not only the burden of proof but als

also cnn legal analyst jeffrey toobin.ve by the court of appeals mean for the house investigation? because yesterday you were saying it all boiled down to what judges or what mix of judges got the -- needed to make the ruling on this. >> right. and what these three judges decided was to put the matter on hold briefly. they set a very aggressive briefing schedule. they basically decided if they didn't grant the stay they would have effectively decided the case because the documents would have had to have been turned over. so this case is going to be argued on november 30th. this is unquestionably a victory for the trump team in the short term. but what's i think the most significant aspect is that this panel of judge wilkins, judge millett and judge jackson are the first two are obama appointees to the court. the last is judge jackson, a very recent biden appointee to the court, a very likely supreme court nominee. that is a very favorable panel for the congressional committee for their chances, the very aggressive briefing

want to bring in cnn's chief legal analyst, jeffrey toobin.or a stay, they are asking for a stay from the -- the same judge who gave that ruling? >> right. that's how it works. um, the -- the first thing you have to do when you are asking for a stay is you ask the judge who -- who made the original order. it's unlikely that judge will grant the stay since she said the -- the former president's position had no merit. but you have to jump through that hoop before you have the right to go to the court of appeals -- the d.c. circuit -- which then could grant a stay. and that's really, i think, where the action's going to be over the next 24 hours because, you know, that is a very politically polarized court, the d.c. circuit. there are seven democrats, four republicans. also, several republicans who are senior who have senior status, sometimes sitting cases. how the randomly-drawn three-judge panel turns out could be enormously important because if there are judges who are sympathetic to the former president, they could issue a stay. and that coul

he's called jeffrey toobin out. so not surprised to hear he's calling this lawyer out. and he is angry. and lawyers know demeanor matters, your relationship with the judge matters. all of that is being watched by the juror. jurors are listening to the facts, the evidence but also sizing up the lawyers. so prosecutors and defense attorneys have to be careful. you cannot disrespect a court's ruling and this was a really important ruling that the judge made about an alleged prior statement kyle made about wanting to have his gun to shoot at shoplifters. obviously the prosecution wants to get that statement in because they want the jurors to think he went there with the intent to shoot and kill people and he has the propensity to shoot and kill. and the judge says, no, there's no similarities, there's no evidence in the case he was lan planning to shoot anyone or lie in wait. he ruled that testimony couldn't come in and he stepped over what the judge saw was the line. and jurors know when they're rushed out of the courtroom and they can see, you know, the expression on the

. >> joining us now, we have jeffrey toobin. cnn legal analyst and criminal defense attorney, joey jackson and shimon who is on the ground for us in kenosha. joey, how do you think the defense has done at making kyle rittenhouse seem justified for using deadly force. >> don't get braizen. they've done excellent. putting aside this emotional piece, which was very powerful, people will debate was it real, the reality is i say they did well for the following reasons. number one, he explained himself with respect to why force was necessary. that when a gun was being raised at him, there was a witness who testified that lived and he came in and testified he shot him in the bicep. he said there was a gun pointed at me, i was in fear for my life. mr. rosenbaum, who grabbed his rifle, he explained the grabbing of the rifle. three, he explained how a skate board was being used as a bat to hit him. last point and that is that we always talk about defendants with respect to conscious of guilt. they do something and run away. he actually tu