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CNN Legal View With Ashleigh Banfield August 20, 2013 15:28:00

make a run at the white house in 2016 wants to make it perfectly clear he s a natural born united states citizen in compliance with the united states constitution. he s a texas republican. his name is ted cruz. he was born in canada to an american mother, which may technically make him a dual citizen. if that s the case, cruz says he plans to renounce his canadian citizenship. he issued a statement saying nothing against canada but i m an american by birth and as a u.s. senator, i believe i should be only an american. senator cruz moved to the united states when he was age four across the border. it has people questioning here whether he s eligible to be president. we certainly have history with the birther movement here in the u.s. and senator running for. one president barack obama. joining me now is legal analyst jeffrey toobin. is this the same story all over

CNN Legal View With Ashleigh Banfield August 20, 2013 15:56:00

off. sincerely, one pissed off mother. while you germinate for a little bit i want to bring in federal prosecutor jeffrey toobin and cnn legal analyst mark nejame. where to begin? let me start with you because the canadian authorities are taking this seriously. they are looking into the possibility that this might constitute criminal behavior and a threat of some kind what have you found? canada doesn t have the first amendment. in the united states i don t think this would be grounds for any sort of case. the first amendment allows you to say some hateful things and i think it would cover this letter. in canada it s different. it s not as protective. if you could identify the sender there could be some sort of harassment filed. harassment case filed against the author.

CNN Legal View With Ashleigh Banfield August 20, 2013 15:18:00

a sex offender for the rest of her life. community service as i recall. community service and she would have two misdemeanors. let me ask you this. an allegation that she sent nude photographs of herself and there were 25 of these photographs. there was a sexual encounter between the two as recent as a couple weeks ago and that immediately got my senses tingling that sex trafficking of pornography of underage kids and number two, additional rape charges for whatever incident occurred recently. there could be more charges if the prosecutors want to go in that direction. i mean, sending videos from an adult to a child is absolutely a federal offense. that could happen. faith is right. there should be prosecutorial discretion. every case really does need to be on a case by case basis. under the law you could have a senior in high school going out with a junior or sophomore, part of a social group and commit a

CNN Legal View With Ashleigh Banfield August 20, 2013 15:05:00

insanity issue just to get to trial, you have to be able to assist in your defense. i don t know that he is assisting in his defense. he clearly doesn t seem to understand a lot of the questions the judge has warned him about. he is doing what he wants with this trial. the judge has told him in no uncertain terms that this is a bad idea. that this is going to hurt his case. but the judge is not obliged to do anything more than that. remember the case of the tenth hijacker, parallel situation. you had an eccentric politically orientated terrorism suspect who wanted to represent himself. lots of hurdles. right. he was frankly much crazier than hasan and less in touch with reality. that was a much tougher call. hasan is clearly rationale and clearly an intelligent person. he s a doctor after all. he s made a decision about how he wants this trial to go and

CNN Legal View With Ashleigh Banfield August 20, 2013 15:04:00

perhaps not the best course of action. i m putting it mildly. jeffrey toobin is here to talk about this whole notion of this case but also hasan and what he s doing in the courtroom. don t know if i ve seen a better example of ineffective assistance of counsel but to say i did it is an unusual circumstance but could someone step in and say it s a disaster in the making? he s been warned enough times. hasan knows what he s doing. he wants to be a martyr. he wants to be executed. i have very little doubt that he will be executed. the judicial system doesn t require you to act in your best interest. you have to make an informed choice. he s not insane. he s not legally insane by any stretch of the imagination. i think he s competent. as i understand it and i m not a lawyer, as i understand it in order to be deemed competent and that s the first stage to even going to trial, not

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