tv Legal View With Ashleigh Banfield CNN August 30, 2016 9:00am-10:01am PDT
>> hello, everyone, i'm ashley ban feel, there are less than ten weeks to influence friends and voters and a little more than one day for donald trump to do ba we are awaiting for, a long awaited immigration plan. donald trump's address comes tomorrow night in phoenix, arizona, another day we could see more on the hillary clinton e-mail saga. because the fbi toll us something, they are expecting to make more of tear investigation public for you to view and read and parce and decide upon. so i want to go right to our justice toernt evan perez with more of the details. what are we expecting from the fbi, doubt, notes?
all of that from above? how is that different what we have laid out? smr up with of the things you will see the report that the fbi prepared for prosecutors to recommend there not be charges brought in this e-mail investigation against hillary clinton. it's a 30-payment report, it was provided with the fbi's recommendations to fought bring charges as well as another 12-page summary essentially of the fbi's interview with hillary clinton. >> that occurred last month just before the february fib made its recommendations nationally. >> this is weird. to put this in context, the fbi, they deep take, this is standard operating procedure. youbone don't put it open the video or the audio. to take notes old school style, detective style, the real thing is in this day and age, we don't get that stuff. whether you are hillary clinton or fought the public doesn't get
to see the work behind these interviews. they do this time. explain. >> this is extraordinary, nothing has been done, it's what jim comey did last month as well was without precedent. to go out there and describe the details of an investigation in which you did not bring charges, it's not done. obviously, in the context of what's happening the investigation of a presidential candidate, the fbi decided it was important to explain to the public why there would not be any cardinals and again this release which we expect to happen under the fremont of informationing a, as soon as tomorrow, actually, is in answer to that, there is such great public interest in what exactly the fbi did. we expect we will learn a little more than the details that comey provided in his press conference, his press announcement last month. >> i know you and your people are working your phone lines to get more. we will check in throughout the
day with breaking news. i want to go over to the trump front, immigration topping the agenda, the nominee's attempt to win blacks and hispanic support. my colleague joins me live with that. in this whole effort of outreach to the minority communities, there is a lot of pullback going on today, particularly with the black pastor who said and did some things. they that out, if you would. >> definitely regrets. much of the touk talk would be about trump's much ap tis pated speech on immigration. then have you this trump surrogate, pastor apologizing repeatedly for posting that picture of clinton in blackface. burn says he has not spoken to trump about it. repeatedly apologizing for tweeting the car teen, see it there, which he admitted was quote divisive. >> obviously, my page, i stand by it. but the methodology i do not.
the message is simply this, i believe that the democrat party has been using the plaque vote, that black voting drop and because that party already knows they own that voting block, the promises that have been made to the african-american community are not being cared out. >> well, you see there, him apologizing repeatedly, say, talking about met oddology, what was interesting ability that, ashley, he said what he was trying to do, he was trying to be inclusive. you know, only he can sort of try to get through putting a racially charged image like that would be inclusive. it most definitely complicates the trump campaign. >> made a lot of headline, jason that he probably didn't want. then there are tse headlines.
it's all about the kkk again, something else the trump campaign doesn't want either. david duke is running for senate, u.s. senate. he put out a fancy dancy robo-calls we hear all time, asking for support, he threw the donald in there, let's listen. >> massive immigration stopped now, we will be out footballed and out voted in our own nation. it's happening. it's time to stand up for donald trump for president and vote for me, david duke, for the u.s. senate. >> so with that fancy technology comes a real quick response from the trump campaign. jason. >> i think the trump campaign wants it to go away. as you know, trump has been criticized during the primary quickly enough. the time, though, the trump campaign was quick to disavow doug and that robo-call you heard there t. campaign released a statement saying there is no place for duke's racist views. the trump catch looking or
trying to look ahead to tomorrow's immigration speech. there are some people out here who do wantp to talk about policy. trump's hard line supporters are concerned he is softening his position on using that deportation force that he promised to deport some 11 million people living undocumented in the occupation. trump's campaign papger saying trump may be softening his approach to illegal immigration but fought softening his policy position. this morning, trump did tweet about if wall that he intends to build, saying, quote, if day one, i said i was going to build a great wall on the southern border and much more. stop illegal immigration, watch wednesday, ashley, i know you will be watching. i will be watching, a number of people will be watching. >> i have been waiting for weeks. i am dieing to know. jason carroll, thank you, sir. good day as always. so much for my think that to
dive into now. where should i begin? we are joined by politics editor of the root.com jason johnson, jason i will begin with you. what we sort of dove-tailed off with jason carroll's reporting. it was a the minority outreach, david duke ugliness. anderson cooler had spike lee on his show, how about the minority outreach thing going do you suppose? this is how the response came off. take a look. >> dominican republic says he's reaching out to african-american, he says what the heck have you got to lose, as you hear that as a black man in america, what do you think? >> i don't know. >> jason he laughs with a dead serious face. how many people within thing aen american community duping that spike lee is speaking for? go he is probably speaking for a lot of people in the polls. every pom has shown not only is
donald trump at zero or 1 ', with african-american voters, none of hissests have improved everything. this is a trump problem. this is deeper tan the republican party. because john kasich, chris christie, marco rubio, george w. bush, there are plenty of republicans that can getting aen americans out to vote for them. trump has turned off black republicans. so his outreach is having the opposite effect. it will hurt down battled republicans. i think everybody is terrified of getting dragged down with his fawn sense and his poorly run campaign. >> out comes the fbi. alex, i will get you to just in on news that we have more fbi e-mail information to digest tomorrow. which is the drip drip drip. obviously, the clinton campaign does not want. no one's gotten to any smoking fun. does that ma itself? >> i think in terms of the trust issues hillary clinton has with
a lot of voters. people have reached those conclusions without the presence of a smoking gun t. challenge for the clinton campaign is looming out of this really quiet and slow august for her campaign when she has been mostly behind closed doors, down day after day, holding private fund raisers, not necessarily driving and i gressive public message, which aloud all this information about the e-mails and the checkpoint foundation to flood into the vacuum, i think coming out of labor day, you will see democrats hoping, the campaign liveing a much, much more spencive schedule, a much much more aggressf louder message, as potive message about her in addition to the contrast she has been drawing with trump. >> since you pensioned, sometimes you get an iphone going during her private fund raisers and for hillary clinton, i think it might have been last night in new york, how she was i don't have heard during one of the fund raise raisers talking about donald trump. have a listen to what she said. >> and i'm running against
someone who will say or do anything. >> which donald trump will show up? and the truth is, i don't each know that his own aids snow, he said i don't ned to debate, according to reports. it's an unusual debate prep mechanism he is employing at this point. now the co-writer of "the art of the deem" is fully working for the clinton catch. i would think he would have a fawn disclosure agreement. that's a lot to chew on. what do you expect in the clinton catch to kwo cope with no clue what is coming. >> i think they will deal with expectations. one of the things is the debate in 2000, al gore went into that, he was presumed to be able to mop the floor with george wind chill bush.
george w. bush came off as very accessible. gore was fruching his way through it. it didn't do gorani good. >> i heard. that then i heard interviews some surrogates saying he will be helpful. he will not have issues. that's not setting expectations. that's writing the memo. >> it's possible they didn't get the memo. it's standard you want to much up your opponent t. question is very real, how is donald trump going to perform in this debate? we all seen what he did in the republican debate where there were a lot of people on the stage and can absorb a lot of the attention, this i one on one. i think clinton thinks they have an advantage when it comes down to policy, they can hammer him in a way that he nodes to respond. >> it's the polling the new monmouth poll with registered voters. checkpoint comes in 7 points ahead of donald trump at 43% to donald trump's 36%. we have been seeing polls like
this before. i think the one that screams the loudest headline is the combined unfavorability of these candidates, which by the way is 2%. favorable is 2%. when you put them both together, i'm not sure, but basically, what do you think of these guys? 2% together says i don't. >> this is like game of throne, if you had to choose, these are two horrible leaders nobody seems enthusiastic about. i think a lot of republican, never trump, i got to vote. you have a lot of democrats, i guess i have to hold my nose for hillary clinton. these debates will be key. whichever candidate finds themselvess to be less unsufferable to the american people will have a hume advantage in what will be i think a very close and very tight election in the popular vote come november. >> it's hard to say that 2% business, that itself the
chrissy cross of both of those unfavorablys coming toke. because there are plenty of people who think these candidates are fantastic. they certainly are. it will be fun to do, isn't it? thank you. all three of you. appreciate it. coming up next, as i said, 70 days ticking away. the polls are opened right now in a couple key states. big time politicians and their careers on the line. you recognize them. whether do they stand and what is today gentleman to bring for them? that's next. you pay your car insurance premium like clockwork.
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>> the presidential race seems to not only be testimony fating the headlines but also overshadowing several primary races. arizona senator john mccain is looking to earn his sixth term, but he's up against this woman, kelly ward. senator mccain has had a tough go this election cycle. the party's presidential nominee donald trump has repeatedly accused mccain, a navy vet and former p.o.w. of being weak on veterans issues. let that sing in.
a florida disney chair woman debbie wasserman schultz is battling against opponent tim canova, of the fallout of the leaked epales, suggesting they were unfavoring hillary clinton over bernie sanders during primaries. staying in the sunshine state right now, for moreco rubio facing off against a wealthy businessman, which sound familiar. rubio is trying out instead to be as far as, yet again, we spoke with marco rubio, i'm assuming you had your chance to sit down with president rubio, you put those titles in front of him. like i think it's a sham and a con artist. it goes on from there. is he disavowing all of those things, now he is basically a down tick for donald trump?
>> absolutely not. in fact, he is going as to stand by those criticisms. i asked him dwrektly, how can you support? he will dom those answers, look, after the real thing how does patrick murphy support hillary clinton with all the questions about her ties to the clinton foundation and the e-mails passing around classified spell jens in her e-mail and private e-mail server, to trying to dodge her insure race and tie the opoint to marco roub u rubio. he needs dominican republic supporters to come out to the polls, also those disaffected supporters to vote for him as well. up with thing from that interview, ashley, i asked marco rubio, will you commit to a six-year term if you win re-election?
he wouldn't say. can you now exit to voters here in florida that you will serve the entire six years if you are elected? have no one can make that commitment, because you don't know what the future will hold in your life personally or politically. i am running to be a u.s. senator him i am fully prepared to have it be the last u.s. office to hold. getting into a race at the last minute and the most competitive state in the country after having lost the presidential primary was not the ideal political choice to make. it was a risky political choice. but it was the right choice for our state and our country at this employment. >> reporter: now, already as patrick murphy is jumping on that comment saying he would commit to serving a full six years if he does win in november, but marco rubio is in the lead in this race, has about a three to 5-point lead, depending on the polls, largely this state is a state to run in.
republican leaders are very happy that they encourage them, you remembering him to change his mind and dump into this race, actually. >> once he deals with the whole murphy issue, he has to deal with the donald issue, still, did he say anything about those joint campaign appearances that so many congressmen do? they show up with the top of the ticket? donald trump had called marco rubio little marco. he did it for months, he insulted him regularly in massive autopsy debate. would he share a stage with him? >> he may. i asked him that specifically. he wouldn't rule it out. it depends if the schedule is aligned. i won't cancel event. if they work out, they work out. he is clearly opened to it. mar do rubio is in a differently spot. he said all those negative things about druchlt it isn't that he walks those back. at the same, he doesn't want to
pile on the tom fee. he believes the best way is to attack hillary clinton and the presidential candidate. it's a difficult thing for him to balance here him clearly, he believes at the end of the day donald trump can be for asset that liability. >> way to go in the interview, thank you for that, appreciate it. manu joining us live. coming up next, you may remember that on this stage here in this set on this live program, we read the words of a stanford rape survivor, made a lot of news. what hasn't made the news is what she said on the stand to the jury that also what we agreed with her and convicted her wripisrapist. you will hear her per speccive, what happened that night next. which is great for families. finally! whatever captain obvious. save up to 50% during the hotels.com labor day sale. and get an extra 10% off with promo code lastchance.
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>> in three day, stamford racist brock turner is expected to get out of jail. he raped a woman behind dutchster and got a six month jail time and three month probation. with food behavior, he had to serve a couple of months. today we want to focus on the survive, we are fought naming wind chill le call her emily joe. that's the name the prosecutor was using to describe her. he was emily doe's courageous letter to the judge and court and rapist that has now inspired a bill. a bill that's making big headlines. it's called b-2880. it is if california. yesterday lawmakers of that state vote unanimously,
unanimously to ensure that anybody whose convicted a sexual assault in the state of california cannot simply get a sentence of probation. they got to go to jail. the bill now goes to the governor's desk, dr. jerry brown, as to whether he wants to sign it or fought. california state senator jerry hill and evan lowe co-sponsored the bill live from sacramento. they introduced it to the public and their colleagues. and this has to be quite a victory. for hill, give me a reaction to this. >> well, it's quite exciting. we're very happy that hopefully we will see in the future when it's rape. it will be rape. it will be called rape, regardless of whether it's forcible or someone is unconscious and you take someone and give them come, get them druchg, to make them unconscious, then you know you will get away without rape. rape is rape regardless of whether you are conscious or unconscious, that's the
important part. >> i saw a report from you saying the judgment's ruling was unjustifiable and morally wrong. under current law, it was within his discretion. so this is where you were all at. saying he had the right to do that. he had the right to give that sentence to progress turner him but it wasn't morally right. hence this bill. with all of that in mind, duping that backlash against judge per ski has been fair? >> well, ashley, i think what's important is that we look at the loophole in the current law. it's unconscionable an individual could rape an individual and be eligible for probation because this individual was conscious. we are closing this loophole say figure you do the crime, will you do the time. it's important we make a strong statement. >> duping it's fair that there is a backlash the recalled percy campaign, so many find i found
it so offensive? >> this is a part of the democratic process, certainly, it was within the purview of his duties. but, certainly, we also want to ensure we are doing our obligation as legislators and being responsible to the people. this is an atrociousing a. we want to make sure we are taking action accordingly. >> there is criticism about the new law. you feel this is going to have unintended consequencens and impact minorities, especially. what's your reaction to that? >> well, i don't agree with that. i think that this law is appropriate. it's very fair and it just adds clarity to what goes on. if you rape someone whether it's forcible or lie in wait for them to become drunk and unconscious, the penalty is the same. it should be prison time, not
probation, as we saw in palo alto over the case that we are currently looking at. i think the other part related to judge pers ki, if lookiin lo at some of the cases, i become disturbed when you find an athlete scholar, a student, the sentences always seem to be a little lightt lighter than shea should. his reliance on what seems to be on me probation roar. the only person not in the trial not there at all is the probationosis. yet his report or her report is the up with that's followed. that's not right. the judge is independent and can make his own decisions. >> i know you haven't spoken to emily doe the rape survive directly. but you have been able to xup indica communicate with her about this. can you give me feedback about this new law? >> her i dean didentity is bein
private to have her own safety. i have been in touch with jeff rosen who indicated she is if support of the bill and we want to make sewer we are taking the appropriate apgs action. >> it's good, thank you. evan lowe, appreciate it. we will see what the governor does, sign it or fought. thank you. >> thank you, ashley. when we come back the survive, herself, with her testimony. you may not have heard these words yet. she wrote a letter, that became public. what did she say on the stand that convinced that jury? her words are chilling and heart breaking and very descriptive of what happened that night. that's next.
>> you heard her letter to the judge. you may not have heard the stanford rape survivor's testimony from the stand. in newly released court documents, we learned she gravely walked up. she faced an entire courtroom to recount her version of events. it's hard to testify t. questions are frightening. there is cross examination, but this young woman testified that she had no clue what happened to her that horrible night. she remembers drinking and dancing. she remembers going outside to use a pathroom with the group of her frind. she did not remember the rape. ly quote here t. prosecutor asked her, what is your next menlry after going to the bathroom outside, coming back to the patio, having a beer and seeing some of the guys shotgun. her answer, i woke up in the hospital. when you woke up in the hospital. can you tell us, do you have any idea what time it was in no do
you have any idea what hopped you were at? >> no. did you have any idea why you were in the hospital? no. >> how were you feeling when you woke up, your physical feel something. >> i week up and saw like dried blood on my hand and embows and bandages, so i thought maybe i had fallen or i thought maybe i was in trouble a and i had become too druchg and i was like if an administration office at stan sford. she learned very quickly afterwards, that's not why she was in the hospital. i want to bring you the legal view here. guys, when we hear these accounts from the stand, this is a rape survivor in front of dozens of people. it's frightening, some of the questions are friendly, some of them are terrifying when it's
the defense attorney coming to interview you. obviously, that's their job to do. the woim women was physically bloodied. he was injured in many ways. it's hard to understand there is some concept of son senttual sex, which is what a lot of the argument was when you have her describing physical bandages and blood and injuries, like this help us get through that. >> it's more than what you read, ashley, because you learn through her testimony and victim impact statements that she learned about what happened to herbie reading a newspaper and it was from the account of the newspaper while she was at work that she finally realizes that she's wrede e reading, this is me. so it's very compelling when you think about her testimony and you think about what it means and you have to credit her because of the stand she took. through her testimony, through her victim impact statement, and the result that it's causing. the legislation that's being developed as a result to ensure
that people get justice, that people who do these things are held accountable. >> so again, we had heard a lot of details with her letter. but on the stand, there are additional details and i think this has really helped a lot of people who don't understand what happens to someone when they go to the hospital after a rape. i do have to warn our viewers, that her testimony is facttual. so it's very graphic. it's uncomfortable. it's disturbing. it's not appropriate for kids. so if you got some kid in the room, either ton your volume down or give you a little moment while we get to you do that. i'll give you free amble. this is called a sexual response team exam. just about every rape survivor who goes to the hospital gets them. it's not a sweet little interview and a glass of water. here's how we know. this would be testimony from the stand. question. how would you describe the smart
exam? emily doe response, invasive. they like took a plastic beak in me and painted my vagina blue to look for abraegsings. they put q-tips in my anus. they've gave me a shot for civil lus. they had me swallow pills for stds athefted me for hi vi and told me to get tested again if sex months. they had me take off all of my clothes, put a ruler against different abrasions on my body and photographed those. and then they spread my legs opened and they photographed my vaj na. the prosecutor said, how long did that process take? she answers, a long time. maybe a few hours. so, danny, this is really uncomfortable and very painful for people to listen to.
clearly, this affected the jury. is that description part of the injury suffered and something the jury has to take into account when thinking of guilty and obviously later the sentencing that comes down if. >> it's compelling testimony partly for that reason and partly because it makes the jury go through everything the victim did if real time almost the way she testifies. the way she testifies as to losing memory and going through this invasive exam, puts the jury there. it makes every injury, no matter where or when it happened very real, not only for us now reading it for the first time, but for the jury, surely, for the jury back then, it was compelling and something that just had to affect there decision to convict. which is something that can only be done if they are convinced of guilt beyond a reasonable doubt. marching through this testimony, the prosecutor surely knew was an effective step towards that verdict. >> i'll bet that she had no idea at the time that she was
testifying and then reading her letter in open court. the effect she would have on i dare say tens of millions of people, because millions of americans are seeing this, people hear what an exam is like for victims of rape. it's horrifying. >> millions have no idea is there they fell it was a couple questions and you a you go with an aspirin? no, it is not. it's vile and disgusting. she is a survivor and a victim and really secondly, she, you know, she was able to let us all know about this, because this is making news. so she has had this impact on so many people all around the world who watch this online it became viral. reminder, guys. >> briefly on the issue of this. the legislation that it's led to in closing a loophole in the law that says if you physically use force, then you get a minimum of three years.
if you wait until your victim is unconscious and can't consent, there is no mandatory minimum. i think through her and the confident she embodied by telling her story and leaving that victim impact for all of us to bake it in led to the change in this law. >> i think we all owe a huge debt of gratitude to emily doe. if you are watching, thank you, amazing. thank you, guy, appreciate it. coming up next, you have probably heard the main governor, governor state of maine, his obscenity filled voicemail and threat to a state law maker who he believes called races, i bet you haven't heard the latest fallout or some of the other astounding things that he said about black people and his pappic peoplhis panic peopl.
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racist. >> that is actually up for discussion. i want you to hear the voicemail left by the to have in response to that. >> i want you to prove that i'm a racist. i spent my life helping black people and you little son of a [ bleep ], socialist [ bleep ] sucker, i need you to just [ bleep ] i want you to record this and make it public, because i'm after you. thank you. . >> you're welcome. nj lee joins me live. after that he wanted to be in a dual and shoot him right between the eyes. it went on and on. today it's coming home to roost. >> they are looking to steal a lot of heat right now. he gave a local radio interview. he suggested he may not finish out his term. he said in that interview, if i have lost my ability to help the people of maine, maybe it's time
for me to move on. just that voicemail were enough, just the suggestion that he could be a historical viewer and shoot them in the eyes. he said something in a friday press conference. we want to play a sound byte, which captured these comments, again, if front of the press, fully intended to say the following. you two to war, if you see the n enemy if red, you dress in blue. you shoot at red, don't you? you have been in youthful. you shoot at the enemy. if the enemy want the i don't have welling people to come in are people of color or his uponupopanic origin. >> the people is the enemy the drug epidemic they're having in
maine. this is astoupding. this just had to be a bicker domino effect after it hit the airways. nationally, as a republican figure, because of some of the things that he has said in the past people viewed as ratist or inflammatoriory. remember, it wasn't clear whether he would win election as a second term as governor. he is certainly fought popular with the democrats in the state. i think very fascinating to watch, what happens in the context of the 2016 election. le page is a surrogate for druchlt he has campaigned with him. maybe the donald trump came feels they have to respond. >> thank you for. that appreciate it. we are back right after this.
a former convicted jihadist is now working at george walk university. here's cnn's elizabeth coen with the story. >> reporter: this u.s. citizen was once a radicalized extremist. >> i went to prison for proskel izing. >> it became a call to go out open your back porch and killing civilians. >> reporter: we couldn't tell you then, we can tell you now. his name is jessie morton. he has a few job as a research fellow at george washington university center for cyber and homeland security, where he will be doing research if writing but fought teaching. so what can you given your backgrounds contribute to this program? >> well, i have a backgrounds if radicalizing others. i understand the mentality. i understand what attracts people to the idea ochlg i
understand -- ideology. i understand i can stop that. >> reporter: the hope he can stop others, but can he be trusted? take a look at this story from cnn's drew goodrich nearly seven years ago, when morton called himself mohammed. >> we are accident happeneding to terrorizing the disbelieveer. this is a religion. the what karan says this means terrorize them. it's a command. >> reporter: we showed this story to seamus hughes, who hired him to work at george washington. >> the occupation is the enemy it really is. >> reporter: is this the man you know now in. >> no, that was jessie who he was. that's not jessie who he is now. he's reform. he's changed. >> reporter: do you trust him? >> i trust him. we did our due diligence. i called my old colleagues the prosecuting attorney, the fbi, of which he has been working the last year. >> reporter: you are an expert
in extremists. does he know something you don't? is there it's one thing to read a book. it's another thing to experience it. >> reporter: can you see why someone would say, i can't believe jp morgan washington would hire this guy? smr i understand people's concern. >> reporter: is this the same man as i'm looking at right now? >> no, that is an ignorant man. >> that is a man that has been brainwashed. >> reporter: how does it make you feel to see this now? 12k34r regretful. i want to deter others from adopt tack sainl same position. >> reporter: jessie was a choir boy in pennsylvania at his grpd mother's baptist church. he came from an abusive household, in and out of jail on drug and other charles. he came into contact with radical islamists and co-founded a group revolution muslim in 2008. >> jesse morton. >> reporter: he maintains those viewed earning a master's degree in international affairs in colombia university in 1989.
he encouraged others to engage if violent jihad according to u.s. attorney's office. in 2012, morton was sentenced to 11 years in federal prison for threatenning the creators of the tv show "south park," which depicted the provest mohammed in a pare suit. he was released less than three years. he later cooperated with the fbi self high profile cases, according to jp morgan washington university. >> there are a lot of people that interacted with me in law enforcem. i treated like a demon. >> reporter: he said one fbi agent saw him differently. >> i had interaction where a femaling a. she was a human being, she was a good family person. she loved her country. it wasn't a manipulation as far as i saw it. and so i opened up i. was rehumanized by my interactions with someone i once to the to be
my enemy. >> reporter: morton says he hopes the american public will come to believe him and ideally forgive him. i 3457b8g imagine only people will say, he was a voice for hate and violence. why should we believe him, that he's changed? >> i will have to prove myself and deal with the questions that come as they dpochlt i have an enormous amount of guilt and cre get. this is a ways to make some amends to some degree. >> reporter: have you forgiven yourself? >> i think, yes. i have seen things that people have done and to know that i once sort of sympathized and supported that view, it sickens me. >> reporter: elizabeth coen, cnn, washington. >> thanks for watching. wolf starts now. >> hello, i'm wolf