Skip to main content

tv   Anderson Cooper 360  CNN  May 25, 2016 5:00pm-6:01pm PDT

5:00 pm
>> thank you for joining us tonight. i'm jim sciutto. we'll see you tomorrow night. "ac 360" with anderson cooper starts right now. >> thank you for joining us. a lot happening tonight starting with breaking news. police in riot gear and some on horseback arresting protesters after a trump rally and damaging state department report on hillary clinton's e-mail practices and reports of a big trump endorsement that's if it happens and senator elizabeth warren who is yet to endorse secretary clinton emerging as her staunchest defender. we begin with violence out of a trump rally last night in albuquerque. clashes between protesters and rally today in southern california and string of verbal attacks on powerful women whether secretary clinton, senator warren or the governor of new mexico. we go outside of the venue in anaheim where clashes took place. gary, what happened? >> reporter: anderson, what happened today in anaheim, california, during and after the
5:01 pm
donald trump rally across the street from disneyland, the happiest place on earth, further evidence of potential of hot political summer in cities where donald trump comes particularly large metropolitan areas like anaheim, california. five people detained today in a demonstration that got very tense. fortunately, the violence was limited but the five people apprehended by police were considered to be the ringleaders and police feared they would stir things up more. rocks and bottles were thrown. police say they planned before today. hundreds of police officers from anaheim, california, the orange county sheriff's department and other municipalities in this county showed up on horseback, motorcycle, foot, car and trying to push demonstrators. it started here in the disneyland park. there were five arrests. nobody was seriously hurt although some rocks, some
5:02 pm
bottles were thrown and there was minor vandalism. >> gary, thanks. the rally itself and ongoing verbal onslaught from donald trump continues. >> reporter: donald trump is campaigning across the golden state. >> hillary, as i say crooked hillary. >> reporter: seizing on a new report from the state department's inspector general saying hillary clinton failed to follow the rules with her private e-mail server. >> she had a little bad news today as you know from some reports came down that weren't so good but not so good inspector general's report, not good. >> reporter: trump unleashing a spade of attacks against both clinton and democratic senator elizabeth warren. >> i call her goofy. elizabeth warren. goofy. she gets nothing done.
5:03 pm
>> reporter: as clinton slammed trump for rooting for the collapse of the housing market. >> i want you to know that donald trump actually rooted for the housing crash that cost 5 million families their homes. i'm not making this up. >> reporter: trump is playing defense. arguing he was simply speaking as a savvy businessman. >> they have a clip of me from many years ago where they say if it guess down, i'm going to buy -- i'm a businessman. that's what i'm supposed to do. >> reporter: trump's efforts to unite the party taking another turn after taking a swipe at a fellow republican. >> she's not doing the job. maybe i'll run for governor of new mexico. i'll get this place going. >> reporter: that prompting a sharp response saying the governor will not be bullied into supporting a candidate until she is convinced that
5:04 pm
candidate will fight for new mexicans. all of this as clintons piled on. >> last night he insulted the republican governor martinez of new mexico. i don't know. he seems to have something about women. i don't know. >> donald trump now fighting against leading women in both parties, there's a lot to talk about. joining us now is our guests. it's one thing for donald trump to go after hillary clinton. obvious thing and senator warren. the governor of new mexico? >> she made him mad. that's just the bottom line. >> that's what approximate boiled down to? >> don't you think? it certainly appears that way.
5:05 pm
all indications are that the fact he showed up in her state. she very pointedly decided not to go to his rally. she hasn't endorsed him or anything like that and had tough things to say to him and she's too busy to go and she snubbed him and he doesn't take well to that. he doesn't act like a normal politician in any way and that hasn't changed since he's become the presumptive nominee. for republicans who have been trying extremely hard to get the martinezes of the world to vote this way never mind be a sitting governor of large state and never mind be the head of the republican governors association, they're going huh? >> did you see the only female latina. >> that's understood. >> the first. this is clearly something that when donald trump feels that he's snubbed or attacked, his
5:06 pm
mojo is to go back and hit them harder and harder. she is the sitting governor of a state that is going to possibly be a battleground state. she's a latina. that's important for the republicans of course. more importantly, it's just about respect. common sense. she wants donald trump to lower his volume. that's all she said. all of a sudden today he said, well, you know what? i can attack her, too. i think it was a mistake. >> add it to the very long and growing and continuously growing list of things that official washington media and professional political consultants say that's it. john mccain is not a hero. at a time when he needs to unify the republican party, you go after a sitting governor who is head of a party organization, she's a woman. she's a hispanic. he has issues with these things. i don't think that will be a battleground state. i think new mexico is moving away from the republicans. on every box you check, this is negative for donald trump but what's he been doing for a year
5:07 pm
now? in his view, it ain't broke, don't fix it. >> jason, does it make sense? he got annoyed? >> you're right. >> is it good for a president to get annoyed and stay stuff? >> i know that donald trump is making everybody's brain hurt. n >> as a supporter and someone who works with a lot of politicians, someone who has temperament to be president? >> the thing about donald trump is he says what he's thinking. that's what a lot of americans like to see. he's not a politician but someone running for their president. they're tired as we saw in the republican battle of politicians that are just repeating the same lines over and over again and are robotic. he makes you laugh. whether you agree with him or not, you just want to say wow. i think what he did to susanna martinez, it wasn't a slight on her being latina. it wasn't a slight on her being a woman.
5:08 pm
it wasn't a slight on her being a republican. it's the fact that he was in her state and the republican party is trying to come together and that she made no effort to try to come out and say i'm going to meet you halfway. so what is he going to do? he's going to gloss over her record, which he pointed out what the problems with her record were, and he spoke the truth on it. he didn't embellish it. i don't think it's a problem. >> the lesson is there will be no quarter given. that's why people respond to him. it's also why people think it's not great quality in a president all the time when you are dealing with your domestic adversaries. it was not 24 hours ago he was saying and his team was saying if you want to distance yourself, fine. distances herself, says a critical thing and this is what he does. that's the pattern throughout the campaign and that's why people who are calculated can't can i endorse him or not and can i distance myself, it's a
5:09 pm
delicate game because donald trump does he wants to do at any moment. >> republicans around the country aren't sure they can trust his team. that can cause a lot of problems in a campaign if you call a campaign to say, listen, i need to do this. fine. you get a pass and then he chainsaws you, that's a problem. >> donald trump speaks for donald trump. you'll never hear me or advisers come out and say i'm speaking for donald trump. >> when he's president of the united states, does he still speak as donald trump? >> he's not president of the united states. he can speak for himself. >> when he's president, he's going to then shift? >> i don't see it as a shift. i see it as he's president of the united states and like his business, he's going to run his businesses. he's going to delegate people to do certain things? >> you don't think he'll just speak for himself?
5:10 pm
you think he'll speak for the country? >> i don't want to say what he's going to do or not do. >> a presidential campaign is complicated. you're trying to run it in 25 or 30 states. if he says governor romney is cool with this, the person needs to know that he is cool with it. >> what's striking is what donald trump did was not in donald trump's best interest. the two groups he needs most are hispanic and females. throw in elected officials who need to back him. it was absolutely nothing that donald trump got out of this. we can say he speaks his mind but when kids do that in class, they learn manners. the ability to speak whatever is in your head is not considered an asset in any kind of leadership role. the reality is if you look at the pattern here, there seems to be two ways that donald trump deals with people, either submission or he dominates.
5:11 pm
it's absolutely -- he respects you if you are defiant and if you submit to him, which is to endorse him, he seems to lose respect for you. and this submission or defiance is not a good pattern when you need to work with a lot of people and when you need to lead a lot of people and when people need to invest in you. it's a dangerous quality. >> i'm not sure that's entirely as black and white as that. the other quality that he has or character straight he has is he's fiercely loyal but more importantly he expects loyalty of him, right? >> no one can be his equal. there are no peers. who is with donald trump who would speak to him as a peer? he treats staffers with loyalty. maybe more loyalty than they deserve. but that's just dealing with the help. it's not a quality of leadership. martinez is a terrific governor. she's a wonderful person.
5:12 pm
a phenomenal story. this is someone you should embrace. it's not you will like me if i like you. we do that in high school, not when you're running for president. >> we'll continue this discussion. a lot more to talk about in the next two hours. when we come back, the other story with potential huge ramifications. a report what it says about hillary clinton's e-mails and what she said after the fact. remember she said she cooperated fully? not so much. and later trump supporter allegations about her defense of a man accused of rape as a court appointed defense attorney. ♪ what backache? what sore wrist? what headache? advil makes pain a distant memory. nothing works faster stronger or longer what
5:13 pm
pain? advil. the not cold, but not hot... it's amazing! ah, it's like a summer breeze cracked window. it's that perfect cooling effect when you sleep. my tempur-breeze makes me happy. my tempur-breeze makes me happier! sleep happy at mattress firm when you receive up to a $400 visa prepaid card on tempur-breeze mattresses with select adjustable bases. plus get zero percent apr financing for 72 months. it's just cool, it's great! mattress firm. america's #1 tempur-pedic retailer.
5:14 pm
new mirafiber from the makers of miralax. fall in love with a new daily fiber. it's the only fiber that supports regularity with dailycomfort fiber. so unlike others, mirafiber is less likely to cause unwanted gas. love your fiber. new mirafiber. to be taken care of. in good hands? like finding new ways home, car, life insurance obviously, ohhh... but with added touches you can't get everywhere else, like claim free rewards... or safe driving bonus checks. even a claim satisfaction guaranteeeeeeeeeee! in means protection plus unique extras only from an expert allstate agent. it's good to be in, good hands.
5:15 pm
[man] hello,totten designs. sales department? yes...i can put you right through. ♪ sales department-this is nate. human resources. technical support. hold, please. [announcer]you work hard to grow your business. [man] yes. i can totally do that for you. [announcer] working together, we can help your business thrive. wells fargo. together we'll go far.
5:16 pm
hillary clinton got bad news in washington. a state department report critical of her use of a private e-mail server. >> my personal e-mail use was above board and allowed by the state department as they confirmed. the truth is everything i did was permitted and i went above and beyond what anybody could have expected in making sure that if the state department didn't capture something, i made a real effort to get it to them. >> the report, which went to
5:17 pm
congress today, suggests otherwise. joining us with more is cnn's evan perez. give us the big takeaways. >> it contradicts her defense. her method of preserving records violated rules that were put in place when she took office and found no evidence that clinton or her staff requested or received approval from the state department's lawyers to conduct all of her government business on a private server. >> they never got permission to do this? >> right. exactly. they never sought or received permission from lawyers or security staff. >> and this report says that she explicitly did not want her personal e-mails on the state department server. is that why she did all this? >> that's one of the more interesting parts of this report. there is a section there that deals with an episode from november 2010. at one point, one of clinton's
5:18 pm
aides suggest she set up a state department e-mail address simply so that her e-mails didn't end up in the spam filter and clinton responds "i don't want any of the personal being assessable." that seems to shed new light on why she set up this personal server. she said she did this simply for convenience. >> and clinton, she wasn't the only secretary of state mentioned in this report. colin powell was also mentioned? >> he used private e-mail but that was before the state department changed its e-mail rules. what he was doing was permitted at the time that he was in office. >> it also says that she -- she's repeatedly said she's cooperated as much as possible. in this report it actually says that she declined to be interviewed for this report, correct? >> i got to tell you, that's one of the most surprising parts of this report. i'm sure her personal lawyers told her that it's best for her to wait for the fbi to interview
5:19 pm
her and you only want to do this once and you don't have to cooperate with the inspector general. the optics are simply not very good. she is the former leader of the state department. she ran this department and for her and her aids to refuse to cooperate with the inspector general is not good. >> evan, thanks for the reporting. donald trump is certainly talking about this on the campaign trail. >> crooked hillary. she's as crooked as they come. she had a little bad news today as you know from some reports came down that weren't so good. not so good. inspector general's report. not good. >> implication about being crooked remains to be proven in court or otherwise. an fbi investigation is ongoing.
5:20 pm
legal questions remain unanswered. joining the panel, jeffrey toobin and angela raj. all right. you're a lawyer. political fallout, legal fallout, anything? >> it's bad political news. no question about it. to read the report is to see a keystone cop's operation. they didn't know what they were doing or why they were doing it. the fact that they didn't get formal approval for this setup is really embarrassing and contradictory to what he said. >> legally this is different than the justice department? >> right. if you can say anything, that's good news. that's the good news in this report. it's not a crime to fail to follow state department policies. a crime is to violate the rules on classified information. this report does not deal with classified information. it doesn't deal with that whole subject. i don't think it affects one way or another how the fbi is ultimately going to resolve this
5:21 pm
investigation but just as an indictment of her leadership, it's bad. >> and john, the clinton campaign is obviously trying to spin this as well it's not a big deal but to jeff's point about political implications, it is and based on what she said previously about cooperating fully, it is a big deal. >> the optics are not good if you're running for president and you don't cooperate with an investigation. your decision in a department you led. that's not good. jeff is right in having covered the clintons over the years when there have been investigations, trust me, i know her lawyer will be interviewed once and you're not going to do this twice. that's why she's waiting for the fbi. any lawyer will tell her that. this is from nbc/"wall street journal" poll that just came out. voters were asked -- i say president hillary clinton, what phrase comes to mind? look how big liar and not
5:22 pm
trustworthy is. this is before the story came out. already she has a problem. these are voters who will decide in what will be a competitive presidential lex and this is a problem for her. legally we'll see where the fbi investigation goes and what rebuttal is to the state department. her campaign says the ig has a bias against her. politically she has a problem. this will reinforce it. >> angela, you're a clinton supporter? >> i am not a clinton supporter. you are trying to make announcements. breaking news. >> as a democrat -- >> one is i think this has been a distraction for far too long and it's more frustrating because i don't see how you wiggle your way out of this. i think it creates a huge issue for her. john showed you why in this world cloud. a number of people think that hillary clinton is not trustworthy. i often argued that it's because she presents herself as very guarded. this once again shows that.
5:23 pm
the quote that evan read. i don't want any risk of the personal being assessable. i think if we try to humanize this for a second, we can understand someone that's been targeted as the first lady in the clinton white house and then as senator. you can understand why she would want to be guarded. at the same time, you have a certain level of openness that's expected about you as a presidential candidate. this is really frustrating. i think the one thing i would ask as a lawyer is what are the consequences if she did not comply with this federal records keeping act? she didn't provide all of the e-mails in a timely manner. she decided which e-mails she was going to disclose. the question i want to ask now is what are the consequences. if there's really no consequence, how much longer is this going to be fodder? it's frustrating. a true distraction. >> she followed the practice of predecessors. she made a huge mistake -- >> colin powell did not have a
5:24 pm
private server off campus. >> look, i'm not here to litigate 79 pages. i haven't read them all. i'm sure with my sharp legal mind i'll borrow from mr. toobin later when i go through all 79 pages with a class of chardonnay, i'm going to find something that would make me so outraged. you know what? it was a huge mistake. she said that. >> how long after it did she say it? it took her weeks. >> you know that i'm a cat on a hot tin roof when i'm sitting next to john king. my point is that this was a mistake. i'm not going to litigate all 79 pages. i did get to 42. and the conclusion is this is a long standing systemic weakness realtied to electronic records and communications that existed in the state department. john kerry became the first
5:25 pm
secretary of state to actually have a e-mail. problems. no question. political problems, i don't think so. this stuff that john is talking about, that's what we've been talking about all year. can she be trusted? can she -- is she honest? she's going to be able to answer this and she will have to answer it. >> she's come forward and said i cooperated as much as anybody can. i've given everything over. in this report, it says she refuses to be interviewed and her aides refuse to be interviewed. >> she's not telling the truth. >> what strikes me here is why hasn't any of this blown back on the president? ultimately it was his choice for her to be secretary of state. the people she was communicating with are in his circle. she was there as his instrument of foreign policy. why is it this seems to have happened in a separate world and no one is holding the
5:26 pm
administration at large accountable for this? >> she didn't comply with standards that he put in place. >> why didn't they know that? they are receiving e-mails from her that aren't at an official address? >> why didn't anyone notice? >> the purpose of e-mail communications communicating with people in the administration so it would seem someone would raise a flag here and say why is it the secretary of state is writing me on a personal e-mail? >> the only other official doing this at the time was the ambassador to nairobi who actually was disciplined because of this and eventually stepped down because of this and some other unnamed things. >> it wasn't obama's policy, it was her own policy to her own staff. she issued a directive telling her staff they had to use she didn't follow that. i don't care about e-mails she
5:27 pm
got exchanging gumbo recipes with donna brazile. i'm going to have a server in my closet manned by people not vetted by the state department and that's okay and to blame it on a predecessor did the same thing. he probably had a gmail address or yahoo! but that's not the same thing. >> can't we call that above the law? i think we have to acknowledge the state department was hacked. i got the letter in the mail saying all of your information has been compromised. there is something to the fact that they were at risk for cybersecurity acts. maybe she was advised as she said that this would be safe. >> do you think that she knew the state department e-mail would be hacked? >> the state department had been hacked by the time they set this up. omb already hacked. white house hacked. are we going to say that it was because she was above the law?
5:28 pm
>> so then instead of trying to fix the problems that taxpayers pay for is to set up your own. >> we'll have more when we come back. donald trump has been on the war path against hillary clinton over her husband's alleged behavior and how she handled it. a surrogate to this program brought up a case showing that she won't be good for women. we'll look at the facts of that case next. nasal allergy sympto. houston: news alert... new from the makers of claritin, clarispray. ♪ welcome back. clarispray is a nasal allergy spray that contains the #1 prescribed, clinically proven ingredient. nothing is more effective at relieving your sneezing, runny nose and nasal congestion. return to the world with new clarispray. here's the plan. you're a financial company that cares, but your logo is old and a little pointy. so you evolve. you simplify.
5:29 pm
you haven't changed. you still help people live their best lives. and finally your new logo is ready, and you decide the perfect time to show the world is right... now. working my canister off to clean and shine... and give proven protection... against fading and aging. he won't use those copycat wipes. hi...doing anything later? the quiet type. i like that. armor all original protectant. don't be dull. i am totally blind. i lost my sight in afghanistan. if you're totally blind, you may also be struggling with non-24. calling 844-844-2424. or visit [ "dreams" by beck ] hmmmmm... hmmmmm...
5:30 pm
the turbocharged dream machine. the volkswagen golf gti. part of the award-winning golf family. wi probably got that question 3 to 4 times a week. i'd always get asked if i was asian or moroccan or something else. so i jumped at the chance to take the dna test through ancestry. and my results ended up being african, european and asian. it just confirmed what i guess people had seen in me all my life. i do feel like ancestry helped give me a sense of identity. "what are you?" now i know. discover the story only your dna can tell. order your kit now at
5:31 pm
5:32 pm
donald trump's line of attack on hillary clinton goes right to the heart of what her supporters think is one of her strengths that as a woman she could somehow better understand the issues that women face so they should vote for her. trump spent the better part of a week attacking that premise trying to paint her as something else. listen to one example from earlier this month in oregon when trump talked about the women at the center of bill clinton's rumored aside from monica lewinsky's infidelities. >> what she did to a lot of those women is disgraceful. >> now, we should point out there's no evidence that she did any of that. he was unspecific.
5:33 pm
some trump supporters, one on this program, take the argument a step further and point to the time that secretary clinton was a public defender in arkansas appointed by a judge to defend a man accused of sexually assaulting a girl. we reported on it in 2014. i was wrong. being brought up again today, we wanted to find out what happened back in that case. a lot of accusations flying around the campaign. we'll try to take as many opportunities in the coming months to take a step back and examine facts against the claims whenever we can starting with this one and our randi kaye. >> reporter: it happened on this stretch of highway in fayetteville, arkansas. they were reportedly in his pickup truck after midnight and parked in a ravine. that's where she says he beat and raped her. the sixth grader ended up in the
5:34 pm
emergency room. the young lawyer called on to defend the suspect in the case was hillary rodham. just 27 she moved to oregon to be -- to arkansas to be with her boyfriend, bill clinton. the defendant thomas taylor, requested a woman lawyer so the judge appointed the future mrs. clinton. it would be her first criminal defense case. gibson was the prosecutor at the time. >> the day after she was appointed, she called me and wanted to know if i could get her unappointed. she didn't want to represent the rapist. >> reporter: despite her objection, clinton immersed herself in taylor's defense as she was legally obligated to do. in this affidavit seeking a psychiatric evaluation of the victim and signed hillary rodham, the rookie lawyer painted the victim as emotionally unstable suggesting she brought false accusations
5:35 pm
like this before, that she fantasized about older men and that experts say children like the victim tend to exaggerate or romanticize sexual experiences. josh rogin interviewed the victim, now in her 50s, back in 2015, nearly four decades after the crime. the victim said the allegations in the affidavit are untrue. she had never romanticized sexual experiences or made any false accusations before. >> there's never been any evidence presented by anyone to substantiate the allegations that hillary clinton made in that affidavit. to the victim, this was an attempt to smear her in order to exonerate her attacker. the victim believes that hillary clinton lied in order to win. >> reporter: clinton insisted on getting her own expert opinion on the accused rapist's underwear after the crime lab cut out the key part of the sample to test and then lost it. in a bold move for her
5:36 pm
first-time defender, clinton brought what was left of the accused rapist's underwear from arkansas to brooklyn, new york, so a forensic expert could look it over. a move considered aggressive even by the prosecutor's standards. maybe so. it worked. clinton's expert cast doubt on what was left of the evidence saying it hardly showed the defendant's blood or semen. the prosecution's case quickly started to unravel. >> we began to scramble and consider the possibilities of lesser offenses. >> reporter: the story was mostly forgotten until in 2014, audio emerged of clinton talking about the case with an arkansas journalist back in the 1980s. listen to her laugh describing the moment she delivered her forensic expert's findings to the prosecutor.
5:37 pm
those recordings were played for the victim by josh rogin during the interview. her reaction was anger. >> you lie on me and you're supposed to be for women? you call that for women what you've done to me and i heard you on tape laughing. >> reporter: there's another piece of audio that clinton's critics pointed for some time. clinton laughing about her client passing a polygraph. >> whatever evidence the prosecutor had was trumped by clinton's defense. in fact, even the prosecutor told us clinton was doing what any good defense attorney would do. >> she was just doing her job. she was going to present the best defense she could and she
5:38 pm
was certainly going to require us to prove his guilt. >> reporter: in plea deal, she got her client's charges reduced from rape to unlawful fondling of a child. for rape thomas taylor could have gone to prison for life. instead he was sentenced to one year in the county jail. even that was reduced two months for time served. clinton was asked about the case weeks after her audiotapes emerged during this interview with an online parenting network in britain. >> when you're a lawyer, you often don't have the choice as to who you will represent and by the very nature of criminal law, there will be those who you represent that you don't approve of but at least in our system you have an obligation and once i was appointed, i fulfilled that obligation. >> reporter: no matter her explanation, the victim sees it very differently. >> she said the sentence was a miscarriage of justice. in the victim's view, you cannot once smear a rape victim and
5:39 pm
then turn around and claim to be a defender or role model for women. >> randi joins us. did the clinton campaign have anything to say about this? >> i reached out to the get their reaction earlier today and a spokesman for the campaign sent me a statement which covers the main points on our story. on the affidavit, clinton was citing information from experts and investigators involved in the case as a reason to seek further expert opinion. in other words, the affidavit didn't express her opinions about the victim. the campaign says she was just sharing the opinions of these experts. on the issue of her laughing on tape, the same campaign spokesman told me this. the reaction were very clearly expressions of disbelief at breakdowns in the handling of the case and absurdities she
5:40 pm
encountered within the system's bureaucracy. >> we'll talk to the panel about this. we'll be right back. there's no one road out there. no one surface... no one speed... no one way of driving on each and every road. but there is one car that can conquer them all. the mercedes-benz c-class. five driving modes let you customize the steering, shift points, and suspension to fit the mood you're in... and the road you're on. the 2016 c-class. lease the c300 for $359 a month at your local
5:41 pm
mercedes-benz dealer. only one network gives you more than just great coverage. it's t-mobile! only t-mobile's lets you stream video and music - for free! and we doubled our lte coverage in the last year. the other guys can't say that! we got you covered. it's my job and it's i takealso my passion.rises. but with my back pain i couldn't sleep... so i couldn't get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12-hour strength of aleve... for pain relief that can last into the morning. and now... i'm back. aleve pm for a better am. thope to see you again soon.. whoa, whoa, i got this. just gotta get the check. almost there.
5:42 pm
i can't reach it. if you have alligator arms, you avoid picking up the check. what? it's what you do. i got this. thanks, dennis! if you want to save fifteen percent or more on car insurance, you switch to geico. growwwlph. it's what you do. oh that is good crispy duck. create your own seafood trios you can try something new with every bite. pick 3 of 9 all-new creations for $15.99. like baked lobster alfredo chimichurri shrimp and crab cakes bursting with crab meat. just hurry in before it ends.
5:43 pm
5:44 pm
welcome back. we're talking about whether hillary clinton's past back to when she was a 27 lawyer in arkansas affects her ability to connect with women voters. strong allegations from donald trump and his supporters including some of this program she'll not be good for women and some say trump's record with women is problematic. joining the panel, a contributor. you saw randy's report there. the fact that the prosecutor in the case is sticking up for clinton, what do you make of that. does that change your opinion in any way? >> it doesn't. i will say this. hillary clinton took this case when she was 27 years old. it happened 40 years ago. do i think it's a linchpin case
5:45 pm
that frames the way she views women? i don't. if we'll dig decades into donald trump's past we have to apply the same standard to secretary clinton which means looking into this case. i understand her defense of herself. i graduated from harvard law tomorrow. i have taken professional responsibility, too. i understand her claim that everyone deserves an attorney and in fact someone in a criminal defense has a constitutional right to an attorney. i understand all of that. she's correct about that. my two qualms as an attorney are this. one, i think it exceeds the bounds of zealous advocacy when you paint a sixth grader as fantasizing and engaging with older men. i know she was citing a forensic report. we reported that in this piece. i would not go down that road if i were defending this man. i also think that i wouldn't laugh about the case. if you are defending someone you think is guilty, i wouldn't pass about him passing a lie detector case and would take that case with a heavy heart and not one that marginalizes in any way the
5:46 pm
victim's pain. i would like to turn to issues. i don't think this affects voters today. in order to leave this in the past, with he likewise need to leave donald trump's past in the past. >> anything in this? >> this was good legal work. first of all, consulting the expert in brooklyn, i mean, i can't imagine anyone criticizing her about that. that was just looking at the evidence. on the point about the affidavit and her history, it's worth remembering the date of this case. 1975. rape shield laws which protect victim's past from being gone into, have not gone into effect yet. unfortunately, that was how rape cases were defended in the '70s and earlier. i think she was doing exactly what people did to defend their clients in those days. it sounds like she did an effective job. i just don't think there's anything to complain about here.
5:47 pm
>> i think this is an older issue but it is an actual thing that hillary clinton did. there's audio of it. there's an issue of tone here and sensitivity and if she's going to make the overt argument, which she does, that believing the victim is paramount, then this is part of the story. she'll have to answer a bit to this insensitive recording that we have from the past. >> to me what was interesting is she tried to get out of doing this case. the whole notion of believing the victim is that at odds with the responsibility of an attorney to represent a client? >> that's the other side of this. it's a perfectly fine argument to say this is my duty and i was doing it. many people will buy that. i think laughing and tone is more the issue than the legal issue. that's just something that hits people on a gut level or it doesn't. it's bothersome. >> i had had a professor in law school who would say some people think some crimes are so terrible that not even innocence
5:48 pm
is a defense. this is a rape case. she was assigned to defend it. she had to defend her client whether he was guilty or not. i just think that what she did was clearly within the bounds of ethics, within the rules of the game, within that period. as for the laughing, you know, i didn't make out exactly what she was laughing about. it sounded like lawyers talking about war stories, which they do all the time. i didn't think anything on that tape suggested she was insensitive to women. >> a couple things. one, i remember sitting in my professional responsibility saying what if i think they're guilty? there has to be a way out. i actually empathize with this moment where she tried to get out of the case. she has this prosecutor saying that he remembers her trying to get out of the case. and she tried to talk to the judge. the issue and context is important. they say in washington county at that time, this defendant requested a female attorney. the judge could only think of three or four.
5:49 pm
the likelihood you'll get chosen to represent this defendant is highly likely. the other part i want to say is there are things that are said on anderson's show and other shows i'm on all the time and my response is are you serious? i think one and the same. i don't want to put myself in hillary clinton's shoes. it's not unfathomable to me. so i don't buy that that's what she was doing that she's making fun of rape victims. the one other piece we should remember is in this case she took this and felt like she really needed to do a good job because she was standing up a legal clinic for indigent defendants, poor people that can't afford good counsel, that's theed ed a miadmirable p this story. >> trump will bring up stuff like this that other nominees might not have been willing to bring up and we'll end up
5:50 pm
talking about it. like this. this is a real part of her past and some people will react negatively and others will not. >> i think that's a good point. also explanations rarely catch up with accusations. and even if people believe that she did nothing inappropriate here. hearing that she mocked a rape victim -- >> he brands people and has been successful. now he wants to make it crooked hillary. as to going to the clinton's past and bringing it to the present, will it work? i don't know. republicans have tried this in the past and clintons have come out on top. we'll see what happens. conservative base, problems unifying the conservative base. they like when they go after clintons aggressively. on the question of is he hurting her standing among women in that "wall street journal" poll, she has a 47-point advantage at the moment over donald trump.
5:51 pm
47 points over who is best to deal with issues of concern to women. >> there's a chance. >> this is -- she's on the high ground with that piece of electorate at the moment. >> we have to take a break. thanks to all of the panelists. congratulations on graduating harvard law school tomorrow. that's incredible. that's awesome. amazing. coming up next, is house speaker paul ryan about to endorse donald trump? is it true? we'll find out. it's true what they say. technology moves faster than ever. the all-new audi a4, with apple carplay integration. e*trade is all about seizing opportunity. and i'd like to... cut. thank you, we'll call you. evening, film noir, smoke, atmosphere... bob... you're a young farmhand and e*trade is your cow.
5:52 pm
milk it. e*trade is all about seizing opportunity. sign up at and get up to six hundred dollars. premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509.
5:53 pm
call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. put in dr. scholl's active series insoles. they help reduce wear and tear on my legs, becuase they have triple zone protection. ... and reduce shock by 40%. so i feel like i'm ready to take on anything. working my canister off to clean and shine... and give proven protection... against fading and aging. he won't use those copycat wipes. hi...doing anything later? the quiet type. i like that. armor all original protectant. don't be dull. real is touching a ray. amazing is moving like one. real is making new friends. amazing is getting this close. real is an animal rescue.
5:54 pm
amazing is over twenty-seven thousand of them. there is only one place where real and amazing live. seaworld. real. amazing i wani did my ancestrydna and where i came from. and i couldn't wait to get my pie chart. the most shocking result was that i'm 26% native american. i had no idea. just to know this is what i'm made of, this is where my ancestors came from. and i absolutely want to know more about my native american heritage. it's opened up a whole new world for me. discover the story only your dna can tell. order your kit now at make sure it's ano maintelligent one.. ♪ the all-new audi a4, with available virtual cockpit. ♪
5:55 pm
more breaking news, a senior aide to paul ryan says his boss is scheduled to talk on the phone with donald trump tonight. they'll continue the conversation about unifying the party. the day began with talk that ryan was finally ready to endorse his party's presumptive nominee. ryan publicly shot down these rumors saying he doesn't have a timetable for his decision. the two men appeared to make peace earlier this month but remain deeply divided over some major policy issues as house speaker and party leader who will run the republican convention, ryan's support is important and trump lost the primary in ryan's home state of wisconsin. joining me is trump critic charlie sykes. speaker ryan isn't ready to endorse trump right now. how does he get there especially if trump isn't changing his positions or his tone which right now he's clearly not. >> he's in a very tough spot. what paul ryan has to do is
5:56 pm
thread the needle. find some way to support donald trump without debasing himself. donald trump hasn't made that easier in the way he lashed out at new mexico's governor susanna martinez and nikki haley and indulging in theories about vince foster being murdered and engaging in juvenile taunts about mitt romney and all of that raises questions, okay, is he going to be a reliable partner and run as an adult and conservative. i would guess paul ryan would raise those questions. a week ago donald trump reassured those in washington that he gets it and will tone down and pivot and change the way he behaves. you're not seeing that over the last 24, 48 hours. >> if ryan does end up endorsing, what does that look like for him? could it ends up doing damage to his standing? >> it could. that's why this is an exquisi
5:57 pm
exquisitely delicate dilemma for paul ryan. he has to find a way as speaker of the house of representatives but give himself the ability to distance himself when he says things outrageous. he'll reserve the right to say he does not speak for me when he says this or that or attacks somebody. i do think that at some point the establishment, which is engaging in this group hug right now believes somehow that they can do business with donald trump. will he be a reliable partner for them? do they honestly think they can control donald trump? do they think he'll be more humble and more responsible when he actually has the powers of the presidency? by the way, one of the most disturbing things we've seen in the last 24 hours is not just that he attacks suzanna martinez, the first latina female governor of a state but you notice how few other republicans have come forward to
5:58 pm
defend her? how many other governors? she's the chairwoman of the republican governor's association. how many other governors have stood up for her? what republicans need to ask themselves is, okay, if you're not willing to stand up and defend someone being attacked by donald trump now when he's just a candidate, what will it be like if he's the president of the united states? and if you ever disagree with him, if you ever disagree with him and he attacks you, will anybody stand up for you? with donald trump it appears there's only two choices. capitulation or defiance. no room for civil disagreement. i think this is something that republicans including paul ryan are going to have to keep in mind over the next few weeks. >> charlie, thanks for being with us. more ahead in the next hour including more as you just heard on trump's latest attacks on powerful women. plus, who is hitting back right now and how. the big hilton world sale is on honors members save up to 25% on brands like hampton, doubletree, hilton garden inn, and waldorf astoria
5:59 pm
so stop clicking around. book direct at now that's satisfaction. find fast relief behind the counter allergies with nasal congestion? with claritin-d. [ upbeat music ] strut past that aisle for the allergy relief that starts working in as little as 30 minutes and contains the best oral decongestant. live claritin clear, with claritin-d. ♪coming soon from progressive, it's "savin' u," the new hit single from the dizzcounts. ♪ cash money ♪ the biggest discount and understand... ♪ the dizzcounts. safe driver, paperless, paid-in-full, multi-car and joey fatone. ♪ savin' you five hundred
6:00 pm
♪ i'm savin' you five hundred we have auto-tune, right? oh, yeah. that's a hit! all: yeah!