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tv   Legal View With Ashleigh Banfield  CNN  August 12, 2016 9:00am-10:01am PDT

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clinton over donald trump. >> if you can put together a map with donald trump winning the presidency without north carolina, call us. >> legal view with ashleigh banfield starts right now. hello, everyone. i'm ashleigh banfield. welcome to "legal view." we're going o begin with breaking news in the presidential campaign. hillary clinton has just released her 2015 tax returns as promised after repeatedly challenging her opponent, donald trump, to do the very same thing. still waiting on that. joining me now from washington, our chief political corresponde correspondent, dana bash. here in new york, our business correspondent alison kosik who knows her way around a tax form. what are the highlights from a big release, alison? >> right now i'm going through the release but the effective federal tax rate that hillary
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clinton paid was 34.2%. i am waiting to see what her income was, but if you look at what her income was in 2014, it was somewhere around the number of $27.9 million paying $9 million in taxes. that was 2014. once again, we are trying to go through 2015, which is being released as we speak. this is interesting because you're seeing hillary clinton in this political season make a big deal about obviously donald trump not releasing his taxes, but she's also in her economic plan, as she announced this week, looking to tax the wealthiest people in the country, and you know what, that includes her. she is included in that multi-millionaire bracket of making more than $5 million a year. and that means that on top of paying the effective tax rate she's also going to be taxed, if she is president, another 4% surcharge, so in this way once she actually presents this
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federal income tax report that she's ready to give you, she could basically say, look, i'm putting my money where my mouth is. i'm one of the wealthy but i'm willing to chip in and pay a lot, too. ashlee ? >> lee me sort of switch to the politics of this. no good deed goes unanalyzed, so, dana bash, that's why you are squeezing in the middle here. that is this move, it's not unexpected. the clintons have released, i think, 38 years, i could be off a little bit, of their tax release -- of their tax returns. >> 1977. >> when you and i weren't even born, right? >> of course. >> so to speak. maybe you. but this is cornering a guy. i mean, it's really pushing him into a corner because this is going to take the narrative and it's going to demand the answer once again and he's -- you know, hillary clinton has some strong people in her court, too, warren buffet saying, i'm under audit, i can release my tax returns. tell me about the strategy of
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this. >> it's in black and white along with the press release that went with them. her communications director jennifer palmieri says, in stark contrast donald trump is hiding behind fake excuses and backtracking on his previous promises to release his taurges. he has failed to provide the public with the most basic financial information disclosed by every major candidate in the last 40 years. and then asking what is he trying to hide? so you're right, that this is standard operating procedure for the -- they're right, for the past 40 years, but releasing it now and making such a big to do about it and putting this statement in the press release, there's no hiding why they're doing it. i mean, they are -- they fundamentally believe that this plays to the voter's questions about do we really know who this guy is? you know, he hasn't been vetted, if you will, the way other politicians have because he's
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not a politician. he has been until now a private citizen. and we don't know a lot about his financials because his company is private. so there's no question that is a main reason why they are doing this. now having said that, there's no evidence that donald trump is being punished by voters for not releasing his tax returns, and i think if he were and if they had any data to back that up, it might be more likely that he does release them. >> he's -- dana, he has only used that excuse as to why he's not releasing them, i'm currently under audit. >> yes. >> -- and the advice i'm getting is that i can't do that. warren buffet who's, you know, a financial genius saying, no, i'm under audit. i can do it. i have a question for you but i can't ask it until i know the financial technicalities. alison, if you can answer this. 34.2%, if you add that to the effective state and local tax
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rate, 43.2%. >> that's exactly right. >> that sounds super high to me but super rich people have fancy ways of doing taxes. put that in perspective. is that really, really high for someone who makes in the multi-millions in income? >> that is a huge percentage, yes, but if you look through her tax return from 2014 because right now we are still going through the 2015 return, she's, you know, done more than just been in government. she's written several books, she has been a consultant and she has had other ways of getting income so that's also part of what you're seeing there. i have to see as we go through this, her 2015 return, interesting to see to compare it. her income was only about 10 million in 2015, compare that to 2014 where she made $27.9 million. looks like she did fewer speeches, she had fewer speaking. obviously she was on the
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campaign circuit so she would, you know, take in fewer speaking fees. that was part of it, but her income significantly less between 2014 and 2015, ashleigh. >> ashleigh, can i add one thing as we're talking our producer is going through these numbers. since 2007 both clintons, because they're together, 43,885,000 and change. that's how much they've paid in taxes. >> that's a lot. that's a lot. >> that's a lot. let me bring chris freits in here as well. i think we have to think about that year, chris, it's 2015, that tax year, and 2015 if you're hillary clinton is a campaign year. i mean, you're not making any moves. you're not buying a starbucks without the idea that this is all going into the tax return i'm about to release as part of my campaign. so you could almost imagine any smart person running for president is going to do some
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financial campaigning along that year as well with her taxes, right? >> yeah, that's exactly right, ashleigh. if you look at the clintons going back to 1977, because that is the amount of information that we have about the clintons' tax returns, so it's almost 40 years of tax returns here, they have put them all out on public record and you can look through them. so this is not just something she's going to do because she's running for president this year. the clintons have always put out their tax returns and their whole tax history is available to the american public. that's a huge amount of information, and they have essentially kept things pretty even as they've gone through the years. the tax rate that we saw this year is about the tax rate that we had last year, for instance. you know, she paid 36 give or take in federal taxes, 36% in federal taxes last year. you know, that's about what she paid in 2015. so we see a lot of kind of things evening out, but as alison pointed out, a lot more income last year. she had about $28 million in
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income, about $10 million this year. you can see that in that way the campaigning really has taken a toll. less than half of what they made last year -- well, in 2014, they made about half of that in 2015. of course, they were campaigning in 2015, a little bit busy to do the speeches, to do some of the other things, to write books, to do some of the big income generators for hillary clinton. she was a little side lined campaigning for president, ashleigh. >> yeah, all right, chris. thank you for that. dana bash and alison kosik, all great work especially so speedy because we had to get that together very quickly to make this noon deadline show. right now i want to dig into this and find out the implications. if i can i want to bring in cnn political commentator errol lewis and phillip bump to discuss this further. okay, guys, you were waiting with baited breath for these taxes and figures. is this what you expected? is this a ho hum day? you can see it as black or
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white? >> it's part of the news cycle as it should be. one thing that stands out for me is like anybody else who has had to go through this process, you realize that there are within the tax code all kinds of places where you can find deductions and credits and ways to reduce your tax liability and it looks like, as you suggest for political reason, hillary clinton strategically avoided all of those, at least in the year 2015. she could have bought a farm, she could have bought some rental property, she could have made, you know, spectacular amounts of donations to charity. she didn't do any of that. >> wait a minute. i beg to differ because i think 10% of charitable -- of your income in charitable donations is a lot of money. >> they tell me that in church every week. >> that's why i'm saying that. >> that's the number. >> i can't believe that i always meet that number, but it ties back to something. it is explainable. you can call it sort of politically structured if you want to or at least in keeping with what the tax code urges.
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that's very striking. she could have taken far more of her income in investment income. that's really the main thing which tends to be taxed at a lower rate or tends to be basically not taxed at all. >> as we all got that lesson when mitt romney released his tax returns. >> 14%. >> 14% federal. federal effective income tax rate for a very wealthy guy. you think, wow, i pay upwards of 30 and 40 and how does a guy like that with so much money not pay the same? how about a headline for you and how do you think this will be spun, because it has to be spun in some way for her opponent? what will donald trump do or say? will this at all push him to do the same thing? >> it won't push him to do the same thing. that's clear. this reminds us is that this is a very weird year. normally we would get these documents and the last time someone didn't release a full tax return is gerald ford in 1976. we have a tradition of looking at this, seeing what sorts of
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investments were made, charitable donations were made and we can't do that contrast now. donald trump has made the calculation voters don't care that much. it has paid off so far. what he's going to say, look how much they pay. my strategy is to pay as little as possible. i'm not going to say how much that is. i'm going to make the most of your money, america. >> phillip, that is alice through the looking glass in any other year. >> yeah. >> somebody saying, look, i paid my fair share. i don't try to get around it. could actually be looked at as not skillful in your financial management, which i could see donald trump saying you can do better than that, mrs. clinton, just ask me. i could be your h&r block. >> thank you there. i do want you to stick around. i have a few more questions for you as the news cycle continues. donald trump, is he such a straight shooter who tells it like it is, then why is it that the media, and me, and so many other people have so much trouble understanding what he's saying when he's shooting so
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straight? do you get the sarcasm there? sarcasm is the headline today. i'm going to explain that controversy in a moment. quick reminder you can watch "legal view" at any time, cnn.gom. find me on twitter, keep it clean. facebook as well. cnn ashleigh. i'll be back right after this. for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. perfect driving record. until one of you clips a food truck. then your rates go through the roof. perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claims centers are available to assist you twenty-four seven. call for a free quote today. liberty stands with you™. liberty mutual insurance.
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can show you coverage options to fit your budget. oh -- ohhh! she slimed me.
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[ laughs ] you know, honestly, every day everything i seem to do is breaking news at the 12 noon hour. this is really, really breaking. when we get new poll numbers in, most people stop walking and they look at the monitor because they're dying to know where we are 88 days from voting when it comes to how donald trump is doing and how hillary clinton is doing and those very key swingy states that could actually make the choice for us. so you want to know how those states are doing? my own personal drumroll. i have four of them for you. colorado, florida, north carolina, and virginia. they're all very important and there are some headlines here. in colorado hillary rodham clinton is leading by 14 points. in florida she's leading by 5. in north carolina she's got him by 9 and in virginia she's got
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him by 13. so that's a big old deal any way you slice it. and i think right now what athena jones is trying to do is figure out how it's going to be sliced. she's our correspondent on the story. she joins us live. i think the headline is north carolina. north carolina seems to be the surprise. >> reporter: absolutely. hi, ashleigh. we know president obama won north carolina back in 2008 but then he lost it in 2012. it wasn't necessarily going to be a top target in terms of a gettable target for the democrats, but it's looking a lot more gettable right now, and that is a big deal. in fact, if you take these four states that were released today, add them to the other three battleground states, iowa, ohio and pennsylvania that -- from this poll that were released earlier -- several days ago, we have hillary clinton in the lead in every single one of them. the closest race is 4 points in iowa, her being 4 points ahead of trump. and this means that at least as of right now it's looking as
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though trump's path to the white house through the electoral college, the state by state oasis he has to win is looking more and more narrow. here's the thing, i spent several days in virginia looking at virginia as a battleground state. i had one top democrat tell me it's very important that democratic voters don't get over confident, complacent. anything can happen. we know anything can happen in this news environment, but as of right now, there's certainly quite a bit for the clinton team to celebrate at least at the moment, ashleigh. >> i think you're right. i mean, those numbers are great, but we've been hood winked by polls before. that's a lot of times what the comment is and you ask when you put them to a politician who's not looking so good at the moment. then there's this, athena. donald trump saying the comments that he made over and over and over again in the past 24 hours, maybe more actually, that
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president obama and hillary clinton are the founders of isis, he was saying he was misunderstood. he's saying it in a couple of different tweets. here's the first one, ratings challenged cnn reports so seriously that i called president obama and clinton, in parentheses, the founder of isis and mvp. they don't get sarcasm? i -- i get sarcasm. i do. i do, athena. i use it all the time. but there's a problem with it because for the last 48 hours, in fact, donald trump has repeatedly made that claim at rallies, in interviews. in fact, he was even given a bunch of off ramps to walk it back. i'm going to do this for you and our viewers, this chronological look, this order of him saying things over and over so that you can judge for yourself whether it was meant sarcastically or literally. have a look. >> he is the founder of isis. he's the founder of isis. okay? he's the founder.
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he founded isis. >> he was the founder, absolutely the founder. in fact, he gets the -- in sports they have awards. he gets the most valuable player award. >> last night you said the president was the founder of isis. i know what you meant. you meant he created the vacuum -- >> no, i meant he's the founder of isis. he's the most valuable player award. >> but he's not sympathetic to them. he hates them. >> i don't care. he was the founder. >> i called president obama and hillary clinton the founders of isis. they're the founders. barack obama is the founder, he is the founder in a true sense. >> barack obama and hillary clinton, these are the founders of isis. these are the founders of isis. as far as i'm concerned i'll say it and i'll say it to anybody who wants to listen, he is a founder of isis.
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>> that was a lot of dings. okay. my ears are ringing. do you think that's why there's all this talk about an rnc meeting that's planned with donald trump? is it talk? is it actual? what's the status between how the rnc's feeling right now, these polls, these comments, everything else that's come before them? >> well, i can tell you there is an rnc meeting that's reported to be taking place in florida, not with the top folks, not with donald trump, not with rnc chairman ryans priebus. this was a pre-planned meeting. it was to go over a campaign strategy in florida. more broadly to your larger question, there is a lot of concern within the rnc and among republicans broadly speaking in the u.s. about the direction the trump campaign is taking. they do not want to see him continue to take these outrageous comments that he has to then later walk back. they want him to stay on message, target hillary clinton
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and president obama but not in this outrageous way. and so there is concern that he's just not doing enough to broaden his appeal beyond that group of hard core supporters that voted for him in the primaries. he's going to need a lot more millions of votes in order to have a real shot at the white house. and so these kinds of statements are not -- are not serving him well. and, by the way, i should tell you, this sarcastic thing, we've got to discuss now what the meaning of the word sarcastic because he certainly didn't sound sarcastic in those clips. he told cnbc in another clip from yesterday that he was just being a truth teller. and he's done this before. a couple weeks ago when he was under fire for saying that the russians should hack hillary clinton's e-mails he later just said he was being sarcastic. the question becomes how many doovers do you get, ashleigh? >> yeah. especially when a guy like hugh hewitt keeps asking you over and over and over again if you are being metaphorical or it's
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hyperbole and you say, no, no, no, i mean it. you know who else doesn't get sarcasm by the way if he doesn't think cnn gets it? kim jong-un. athena jones, thank you for that. >> nice to see you. coming up next, hillary clinton releasing her tax returns, will that put any kind of pressure whatsoever on donald trump to dust his off of that giant pile that he talks about and bring them out? and does it matter an iota? more conversation next. ♪ ♪ only those who dare drive the world forward. introducing the first-ever cadillac ct6.
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we are continuing to follow the breaking news of this hour.
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hillary clinton just releasing her 2015 tax returns, and the clinton camp is hoping that that move is going to put some pressure on her opponent to do the very same thing, but donald trump has said he's not going to do it because he's under audit. others have said that doesn't matter. i want to discuss with senior advisor to the trump campaign boris epstein and douglas smykles. let's start right off the bat with the numbers. before you came on the air, boris, the analysts sitting in the chair before you said somehow this will come out spun by donald trump as something negative, this -- this tax release that shows she paid a lot of taxes. upwards of almost 40% inincome taxes. people would say, wow, that's a really good thing. is it? >> that's up to her and her family how much they pay. i would like to see the information on the tax returns. i'd like to see the clinton
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global foundation tax returns. they're putting these tax returns out now. i would like to see the 33,000 e-mails that supposedly didn't have anything state related in them but we all know they did and the other e-mails that she's hiding. >> we're going from the tax return story to the clinton foundation and the e-mails and that will be the narrative? >> if she is being transparent she should be transparent about everything. >> before i go to you, i need to get some reaction, boris, from the trump camp on these recent numbers. they are not good. honest to god, in four states that your guy has got to win, colorado, florida, north carolina, and virginia, respectively hillary is leading 14%, 5%, 9%, 13%. there's north carolina right there. nbc news wall street journal marist poll. i know you have colorado, 46 to 32. these numbers are stark and in
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some questions -- >> nbc has always had trump lower than he's performed including in the primaries. >> wall street journal and marist. >> that specific poll had him lower. 87 days to go. dukakis was down by 17 coming out -- dukakis was up 17. he got destroyed, walloped in your words by george h.w. bush. early days, there are polls that have trump tight in florida and ohio. not worried at all. we'll continue with national security. >> okay. so that's the question. >> your message on national security -- >> on monday? >> he makes a great point. he made a great point. >> which is what? >> your message on national security is that your president is the founder of isis. that's not a national security -- >> the national security message is that isis has sprung up under barack obama, under hillary clinton. isis has 2300 humvees somehow
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left by the u.s. government for them to use. that is not a play well. >> the iraqi army, not by the u.s. let's be really clear. >> we pulled out of iraq. we signaled that we would and that was all done by obama and hillary. libya's a failed state. syria's a failed state. isis exists because of the failed policies. i will tell you directly -- >> you can go to bush. beyond being the standard bearer of your party and to come out and say that the president of the united states, the sitting president of the united states is a founder of a terrorist organization and that the nominee of the democratic party is a co-founder of the same terrorist organization is not only irresponsible, it is reckless and it's disgusting in my opinion. >> issues of national security. >> that is not foreign policy. go back to an earlier point. she is being transparent. there is a constant drip of these e-mails that have gone on over a year now and will continue to go on. >> let me ask you a question
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about that because, you know, if you are talking about true transparency, hillary clinton promised when she went be to the state department there would be a complete disconnect between the clinton foundation and the state department and we're seeing e-mails now that suggest cheryl mills, her chief aide, had absolutely no disconnect whatsoever, that she boarded a train on her own dime, give her that, and volunteered to go to new york to help job interview for some of the top positions at the foundation. >> right. >> i hear the democrats and clinton's campaign saying, but she volunteered and she paid her own ticket. what about the whole appearance problem that hillary clinton's top person is actually working with the foundation? >> no, it's not really working at the foundation. >> that's work. >> come on. be honest. >> i'm absolutely being honest. look. these are folks that have known each other 20, 20 some odd years plus. so if the foundation asks someone who is in their circle to say, hey, look, i need your
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advice on this person, i need your advice on a particular hire. if you've worked for an elected official, i've worked for a lot of elected officials. >> you would say i can't. >> no. no. no. >> they have an incestual relationship. >> if you work for an elected official for a period of time, there are folks who are in your circle, the kitchen cabinet, people in your circle and will be for a long time. you seek those individual's advice over the course of time but if she did it on her own dime, she did it at her own time and just basically gave advice on a job interview. >> she also met with walmart and amazon executives. >> it sure gives an appearance you have to admit. i have to switch over to this letter from, you know, prominent republican to the rnc. >> having a fun morning. >> i would not want to be you guys. i have to say, i don't want to be me either. >> welcome back. >> boris, you're so adorable for continuing to come back. this letter is super troubling. these are prominent republicans, former elected officials, former
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gubernatorial -- some governors, former delegates. these are people who have written to the republican national committee saying enough. just since the convention. i'm not talking about the last year, i'm talking about the last three and a half weeks. just since the convention they put together a list of what they see are infractions by donald trump. he's attacked gold star families, he's urged russia to intervene in u.s. elections, he's urged gun owners to take action against clinton, repudiated our nato obligations, showed interest in preemptive use of nuclear weapons. total ignorance of basic foreign policy. he has admiration for violent foreign autocrats. refusing to disclose any of his past taxes. he's vicious and vengeful with his attacks on republicans. it sounds like it's hillary clinton's list. again, these are republicans saying to priebus and the rest of the rnc, stop spending money
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on him. save the rest of us. save the down ballot. spend all the money over there. is that going to happen? >> absolutely not. >> they said that's not going to happen. these folks are entitled to their opinion. a lot of folks who have been republicans have a pen shan't for the clintons. vengeful attack. let me finish now. >> go ahead. >> 14 million people voted in the primary for donald trump. voters have spoken. more voters than ever in the history of the gop primary. republican party is absolutely coalesced behind donald trump. these folks, you know, they're an outlier and they have the right to do so. i would like to point something out. we're not just jumping. from amazon and walmart.es they pay almost zero taxes. >> apparently donald trump is -- >> this pattern of -- >> it's never been evident.
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see, this is my problem with the trump talking points. >> this is the last point. >> this is my problem with the trump talking points. this notion of lock her up. calling the president -- >> i said lock her up. >> calling the president the founder of isis, that's just completely irresponsible. >> she'll lie to congress about the e-mails. >> there's no growth from the republican primary. he's not growing his base of support. it's shrinking and that is -- that is what i think that republican -- >> and hillary clinton continues to lie. she lied to congress by releasing her e-mails. >> do you know what i need? i need a 24 hour network just for me and us to have a conversation. >> be a lot of fun. >> just me so i can finish this. i love you both. have a great week. appreciate it. >> thank you. we're going to get back into politics for a moment. first we have this other story. i'm sorry, but there has been another campus rape and it's a big, big headline like the one from stanford where the sentence that's causing some serious outrage. a colorado judge now sending a rapist to jail for just two
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years but not even really two years in jail. he gets to go to school during the day if he wants to. he gets to leave jail every day to go to work if he wants to. it's kind of like what you might call sleepover jail. going to tell you what happened in this case next.
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the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ and still haveealthy, gum disease. use gum® brand for healthy gums. soft-picks®. proxabrush® cleaners. flossers and dental floss. gum® brand. we brought you the story back in june of stanford student brock turner who got six months in jail for raping a woman behind a dumpster, a woman completely unconscious. today we have a similar story sadly to tell you about. this comes from colorado. it has the same sickening formula, male college student, drunk female college student
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raped after a party. i want to show you a picture of austin wilkerson. he's 22 years old. he's a former university of colorado student and now he is a convicted rapist as well. he could have been sentenced for his crime between 4 and 12 years and all the way to life, in fact, in prison, but instead he is going to be spending the next two years in something that you could kind of call sleepover jail. in legalese it's called work release, meaning he gets to leave jail during the day if he wants to go to school, if he wants to go to work, but he has to come back and spend the night behind bars. two years of that. the judge's name is patrick butler and judge butler also sentenced him to 20 years of sex offender specific iensive probation, and that includes treatment and therapy and a lifetime registration as a sex offender with the chance of getting off the registry after
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20 years. judge butler was pretty transparent with his thought process. according to boulder new hampshire "the daily camera" the judge said this and i am going to quote him. i have struggled to be quite frank with the idea of do i put him in prison. mr. wilkerson deserves to be punished, but i think we all need to find out whether he truly can or cannot be rehabilitated, end quote. sentences, you can imagine, is not sitting well with the people who prosecuted him and wanted him behind bars and it is sure as hell not sitting well with the victim or her advocates and her family members and friends. dan simon joins me now with joey jason. dan, first to you for the reporting. austin wilkerson's stories were everywhere except one place. they changed all the time. so what ultimately did he finally admit to doing? >> well, you're right, ashleigh. he said a lot of things. he first told a university
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investigator that he made repeated advances on the victim and that she rebuffed him and then he proceeded to call her an expletive expletive. in talking with his friends he said that the victim was passed out and then he let his hands wander and then as soon as he gets to trial then he says that she's not drunk and this was totally consensual and then finally when you get to sentence time he says, yes, i did it and i'm sorry. so obviously he's been all over the map. this is what prosecutors who to say about the sentence. take a look. >> this is a victim that was targeted because of the state that she was in. she was heavily intoxicated. >> he definitely in our opinion and as we argued to the court throughout the process had given whatever version of the story at that moment is best going to serve him. >> and during the trial the defense actually suggested that the victim lodged this rape
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claim so her parents would not be angry about her grades, ashleigh. >> dan, stick around for a moment if you will. joey jackson, i want to bring you in on this. there's a detail that i think is really important and it's not something that anyone should take lightly in this case, especially the judge. this young man, austin wilkerson, promised this survivor's friend that he would get her home safely. they trusted him because he promised them that she was so inebriated, and he's an acquaintance of hers. 's he not a stranger. he's an acquaintance. i will get her home safely. >> that didn't happen. >> he texted them to say, everything's good. i've got things, we're all good. >> meanwhile, he sexually assaulted her. >> so there's that extra piece of dirt involved in this case. yet the presentencing report from the probation department recommends no punitive statement citing impressive responsibility for his conduct and characterized as a striking degree of accountability. on the stand he says, she was kind of into it.
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>> you can wiggle out of it and when there's no way out, you can accept responsibility and say sorry. a presentence report is something that's put together which includes the offense, includes the background, includes the circumstances, who the defendant is. judges are not bound by any presentence report. in fact, many times they reject the presentence report and do what they think is appropriate. if the system's going to work, ashleigh, i've said this before. it needs to treat everybody in a way that's respectful of the process. now in terms of how it treats the victim, it's deplorable. if anybody, i would ask anybody to read that victim impact statement and see what it does to you, see the feeling you get. if we're going to have a system that sticks to pup be fishment, rehabilitation and deterrent, we can't have sentences that disregard the victim and that flatly disregard the essence of what the criminal justice system is all about. >> it's distressing we're having this conversation again. >> again and again. >> and again and again and again and again and again. maybe the more conversations we have, the fewer we'll have to say again. >> i hope so. >> joey, thank you.
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dan simon, thank you. there was a recent campus survey that found that 28% of the students said that they were sexually assaulted. that is a really high number, and it's higher than most of the statistics that float around, like one out of five. university of colorado boulder has provided a statement and they've said this. we provide mandatory sex assault prevention training to all students and have a fair and impartial investigative process that respects the rights of the complainants and respondents. we have robust resources working to prevent and respond to sexual assault. we need everyone on our campus and in our community to be educated and engaged. coming up, rape survivor. her own powerful words. she made a plea to the judge. boy, you've heard this before, right? and then there was the prosecutor who worked so hard to get justice. does that prosecutor feel like there was any in this case? i'm going to ask her next.
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i'm hillary clinton, and i approve this message. michael hayden: if he governs consistent with some of the things he said as a candidate, i would be very frightened. gillian turner: he's been talking about the option of using a nuclear weapon against our western european allies. max boot: this is not somebody who should be handed the nuclear codes. charles krauthammer: you have to ask yourself, do i want a person of that temperament controlling the nuclear codes? and as of now, i'd have to say no. [bill o'reilly sighs]
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you heard the story of the
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colorado rape case and now i want you to hear from the survivor and what she wanted to see come out of the case. i want you to listen to her words, i will read her statement for you. this came to the judge. his life is ruined. yo, and it's not like my life isn't ruined or anything, it's always been about the rapist since the assault. as the victim of this sexual assault, my life has been ruined. socially, psychologically, academically and financially. she went on to say that i feel like those dogs who become afraid or don't like being around certain people. in my case, i'm afraid of aqaintances -- this was a big
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voice in there. the prosecutor who fought for justice in the case. did not work out how she hoped i'm assuming. what did you want to see happen in the case? >> we were hoping to see a prison sentence in the case, obviously we feel that prison is appropriate for someone who commits a rape of this nature and then particularly given the facts here. >> he got night time prison, night time jail. what would you have preferred? what length of time and other kinds of punishment? >> we didn't argue for a specific length of prison. it was to the judge's discretion, if he chose to impose prison, it was a minimum of four to 12 years up to life. prison is a more harsh environment than the county jail and it would not be providing for him to be released in the
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day to go to school or a job. we believe on a fundamental level that prison is an appropriate sentence for someone who is a convicted rapist. >> they interview them after the fact and get in his head and figure out what kind of guy he is, and they said he had a striking degree of accountability and yet, your side, prosecution said are you kidding me? he lied all the way through. how the it come to this when a judge says, you know what? maybe nighttime jail and that is it? >> we respected the probation recommendation, the issue with that is, they are relying on interviews with the defendant. and on what he is telling them and this individual like many sex offenders is a highly m
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manipulative individual, he gave whatever account of the night of the rape was best going to suit him in that situation, you get to sentencing when you have been convicted and you are going to get the most leniency if you accept responsibility for what you did. they were not aware of the trial testimony, that's where the judge and prosecutors come in. it's our job to argue to the court that this person is not contrite and that this person is not accepting responsibility for his crime. >> that's what is so frustrating to read the trial testimony and see the presentencing report and the ultimate result. thank you for your work in the courtroom, and thank you for coming on today to talk about it. i hope we don't have to have this conversation again and again and again, maybe since we had it, it will chasten some folks, it's back to school time after all. >> thank you. >> i will end this by saying, you will not believe the statistic, a national organization that uses the justice department statistics,
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said that 3 out of 100 rapists will spend a day in prison and the other 97 will walk free. thank you for watching legal view, we will be back after this quick break.
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♪ hello i'm wolf blitzer, wherever you are watching from around the world, thanks very much for joining us. we are following breaking news right now, we are getting our first look at hillary clinton's tax returns from last year. the democratic presidential candidate and her running mate are trying to put pressure on the republican presidential nominee, donald trump to release his tax returns. trump said he will not release his tax returns while he is under irs audit. joining us now,

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