And meanwhile james comey embarking on a book tour, but might he endanger the probe publishing before mueller is finished . Plus cosby show returns to a pennsylvania courtroom monday, a pretrial of his assaults charges with the judge allowing additional women to testify. Will the new jury reach a verdict . And in addition to weaning documents off tobacco, the latest ecigarettes are introducing kids to nicotine highs and they are bragging about it online. Is there any way to stub out this trend . Plus inside a new movie about the new that everything changed if Teddy Kennedys political career, the chappaquiddick car crash that left a Young Campaign worker dead. But first, on friday, the Trump Administration imposed new sanctions on seven of russias richest men and 17 top government officials as punishment for meddling in the 2016 election. And cnn is reporting that the president has begun the initial steps of going over potential topics for an interview with the special counsel. These headlines followed a story earlier in the week in the Washington Post under this banner mueller told trumps attorneys the president remains under investigation but is not currently a criminal target. In the lead of that story, it says special counsel robert s. Mueller informed President Trumps attorneys last month that he is continuing to investigate the president but does not consider him a criminal target at this point. According to three people familiar with the discussions. Well, lets game out what this means. First of all, last month if the white house had thought this was great news, i dont think that it would have taken a month to leak out. After all, the president has had no reluctance to tweet criticism of the fbi while touting no company sclugs. Collusion. But it was greeted with radio silence. And only a later leak put the news in the Washington Post. And second in a more important big picture sense, it suggests to me that the real outcome of the Mueller Probe might rest with the midterm election. And that is because when mueller is finished his work, he will give a report to deputy ag Rod Rosenstein who is overseeing the probe given to the recusal of jeff sessions. Ing it be rosenstein who determines whether the report is made public and if it is shared with the congress. It is likely the report sees the like of public day because that might be reminiscent of when james comey made Public Comments on the probe of Hillary Clintons private email server. Although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive highly classified information. If the result of Mueller Probe is similarly critical of President Trump where many legal scholars believe a sitting president cannot be indicted, the ball will now be in the court of congress and what congress will do will surely depend on who controls it at the time. Remember, democrats need to pink 23 seats to take control of the house of representatives. On friday, the cook political report, well respected for its prognostication, moved 13 races in the democrats favor, changes that mean that 50 republican held seats are rated as sxe i have competitive and five democratic seats. That matters because impeachment for treason, bribery or other high crimes requires a majority vote in the house which is tantamount to an indictment in which case there would be a trial in the senate when the chief justice presides and a twothirds vote is required. So unless there is a major revelation in the report that mueller gives to rosenstein, given our polarized climate, it will never get to the Senate Unless democrats control the house. The post also reported muellers team is considering releasing its findings in stages starting with obstruction. So the precise timing of muellers reports is key. And so too could be the outcome of the midterm elections because unless democrats take the house, then this whole process will end with muellers report. That is the net impact of the Washington Post revelation that the president is the subject, not a target in, the current probe. Timing could be everything. Now james comey former fbi director who President Trump famously fired last may 9 is about to publish a new book, a higher loyalty, truth lies and leadership. The books promotional copy touts the fact that comey has been, quote, involved in some of the most consequential cases and policies, including overseeing the Hillary Clinton email investigation as well as ties between the Trump Campaign and russia. Comey is echl bambarking on a m media blitz including here at cnn, but might it have a disrupt ti difference impact on the mueller propose . Joining me nowdisruptdifference mueller propose . Joining me now retired fbi a agent. He wrote an article saying comeys book tour is a colossal mistake. Why . It is not unprecedented that fbi directors write books. J. He had xwedgar hoover wrote about the kremlins attempt to medal in oig into election systems here. And then there was a book called my fbi and he touched upon some of the misgivings he had with the president he served under president clinton. What i think about the current book that is coming out and the former directors which was the 7th fbi director james choem is th comey is this, he has become a darling of the resistance. Half of the country believes that there will be indisputable evidence in this book that will lead to the president s either indictment or potentially impeachment hearings. Here is the problem with that. There are two major consequential probes going on right now. The russia probe and with the findings not being leased yet james comey is putting himself into a perjury trap position. He will be talking aboabout thi, he had nine separate intersections either on the phone or in stern with the president and he will set himself up to purposefully or unwittingly saying something that is not consistent with what he is going to have told the special counsel. Then were still awaiting the igs report, the department of justice and fbi are being scrutinized at senior levels by ig horowitz. He will also be a central figure in that. So i think the timing is the issue. Not that he does not have a right on to write a book. Of course he does. He is an american citizen. It is just the timing. When you speak of a potential perjury trap, it makes me wonder, are you worried about comeys reputation, the bureaus reputation or both . Yes. And here is what ill say about that. When james comey was fired on may 9 of last year, i came on cnn on may 10 and talked about it. And i lauded comey for his reputation and i contrasted him with the president and some of the issues of moral turpitude that surrounded the current president. I also lambasted the president for ill give him the benefit of the doubt and say ham handed but maybe something more neff fa nefarious there. James comey finds on out about his determination in l. A. Neff nefarious there. James comey finds on out about his determination in l. A. Eff nefarious there. James comey finds on out about his determination in l. A. Ff nefarious there. James comey finds on out about his determination in l. A. Nefarious there. James comey finds on out about his determination in l. A. Nefarious there. James comey finds on out about his determination in l. A. That was a really bad look and no public ser vanvant should ha been treat that hed that way. Were more things have come to light. I initially defended james doem for that july 5 press conference. You showed the clip of him speaking where he exonerated Hillary Clinton. He took it from gross negligence to extreme careless necessary and he made a decision there at the fbi that should have been handled at doj. You can say the last week of june when that meeting happened on the famous phoenix tarmac between then Loretta Lynch the attorney general and former president bill clinton the golf and grandkids discussion, you could say comey was put into a box and had to do that. He should have pubtsed the ball back across the street to doj and given that to sal ily yates. And the decision should have been made there, not by the fbi. This is going to be damage comeys reputation. Heres what i think you are saying. Big picture sense, i think James Galliano is saying that comey is playing into the perception of some that this whole process has been politicized. Is that fair to say . Michael, absolutely. I think you just said it very succinctly. I dont think james comey is a bad man. I served under four of the only eight fbi dwrekd tors dwrektd d. I think this is a bad decision. I think the twitter battle with the president is a back looked and i dont think it will look good for him or the fbi. If you want to see him in chicago,d for the book rollout, it will set you back 1,000. Is there something unseemly about the idea that the fbi director while the Mueller Probe is going on is out there selling a lot of books and people paying like this is front row tickets to u212 . I wont tell him he doesnt have a right to certain a living. But not now. Got it. Okay. Jamg james, thank you. I want to know what you think. Go to smerconish. Com. Answer this question. Is it appropriate for james comey to publish a memoir before the Mueller Probe is completed . Ill give you the results later this hour. Up ahead, ecigarettes were supposed to wean adults off of the real thing. Well, the latest version is getting kids hooked on nicotine before they even hit their teens. And this new generation is vaping everywhere, in class, at games and telling their tales about it on youtube. This guy is about to be here. Watch. I hear them say we have a few individuals vaping. You cant just say it. I was literally just [ bleep ] holding it. And that is how i got in trouble. Ng to manage my a1c, then i learn type 2 diabetes puts me at greater risk for heart attack or stroke. Can one medicine help treat both blood sugar and cardiovascular risk . I asked my doctor. She told me about noninsulin victoza®. Victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease, victoza® is also approved to lower the risk of major cv events such as heart attack, stroke, or death. While not for weight loss, victoza® may help you lose some weight. announcer victoza® is not for people with type 1 diabetes or diabetic ketoacidosis. Do not take victoza® if you have a personal or Family History of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. Stop taking victoza® and get medical help right away if you get a lump or swelling in your neck or symptoms of a serious allergic reaction such as rash, swelling, difficulty breathing, or swallowing. Serious side effects may happen, including pancreatitis. So stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. Tell your doctor your medical history. Gallbladder problems have happened in some people. Tell your doctor right away if you get symptoms. Taking victoza® with a sulfonylurea or insulin may cause low blood sugar. Common side effects are nausea, diarrhea, vomiting, decreased appetite, indigestion, and constipation. Side effects can lead to dehydration, which may cause kidney problems. Change the course of your treatment. Ask your doctor about victoza®. Try revitalift triple power antifrom loreal. I have more confidence. My coworkers were like, your skin looks great revitalift triple power visibly reduces wrinkles, refirms and smooths texture in one week. Guaranteed, or your money back. From loreal paris. People say watching paint dry is boring. But some of you know paint can bring a wall to life. Because you are particular. Particular helps you find the perfect color and nail the details. Look, particular people make the best art and science and. Things. So be proudly particular with paint like no other. Benjamin moore. The standard for paint professionals. Only at local paint and hardware stores. The standard for paint professionals. Hes playno, with us. Hes trying to tell us something. Lets see what forensics thinks. Sorry im late. What did i miss . Wanna get away . Now you can with southwest fares as low as 49 dollars oneway. Yes to low fares with nothing to hide. Thats transfarency. Its softer than ever. Charmin ultra soft is softer than ever so its harder to resist. Okay, this is getting a little weird enjoy the go with charmin ecigarettes were supposed to be another alternative for adults to kick the habit, but they are also introducing a young generation to possible nicotine addiction as early as middle school. A recent report found that since 2011, ecigarette use among High School Students has increased 900 . That is accelerating nanks than hidden devices, the most popular called a juul that can be concealed in a closed fist. They emit so little smoke that some students are even vaping in class. And ecigarettes are too new for researchers to understand the Long Term Health effects. Students are getting in trouble because in some schools they are considered the same as marijuana paraphernalia. But the internet abounds with videos of kids sharing tales of their suspensions including my next guest, a High School Sophomore from outside of pittsburgh. His video has over 600,000 views. Hey, guys. I got suspended. Everyone at my school juul. It is like this little black vape thing. It is basically just vaping and you get super buzzed on off of it. Joining me now is kyler. Thanks for being here. When did you first start vaping . I started when i was 12 because my friend was doing it. And how prevalent are you the outlier or is that common . How prevalent is it among your friends . Its really common monday my friends. Id say about 90 respect about of them have a juul or some kind of vape. About of them have a juul or some kind of vape. Why do you do it . People like the head rush, the buzz. And they like to do trick trick. Like smoking tricks . Yeah, like going ghost and blowing nose and stuff like that. I see. Have you vaped in class . Yeah, ive done that before. And how common is vaping in class . I mean, it happened on friday, so like i saw it happen. Happened in one of your classes on friday. Yeah. Tell me your suspension story. So basically i was in the bathroom with one of my friends and i was in the stalled trying to fix a broken juul. And there was some kid outside that had a vape mod and he was blowing big clouds out in the open to someone snitched on him and the teacher walked in and on my way out, they saw the juul in my hand so i basically just got suspended for having it. Right. And because the smoke dissipates so quickly, if they dont see the juul, chances are you can get away with it, right . Yeah, i would have gotten away with it if i had it in my pocket. Okay. Key question. Do you Smoke Cigarettes . No. Do you have any interest, have you ever spoken smocken a cigarette . Yeah, like one time. I hated it. I think that the perception among many who are not familiar with vaping is that this is a great way to cigarette smoking. What is your answer to that . It is definitely not because people like swraping bettvaping because it doesnt leave a smell or anything and it tastes better. Are you nevertheless worried about the health risks because there is a nicotine aspect to vaping . Honestly, not at all. Because there is no studies proving that it is doing anything wrong yet. So i dont see a problem with it. If there were such studies, do you think it would take away your desire for vape . Yeah, definitely. Is vapingtfor vape . Yeah, definitely. Is vapingofor vape . Yeah, definitely. Is vapingor vape . Yeah, definitely. Is vapingr vape . Yeah, definitely. Is vaping vape . Yeah, definitely. Is vaping a gateway to weed . No. So what is it that you want adults to know about vaping . Because here is my perspective having spent some time reading in on the subject. Vaping it seems might be a Good Alternative to adults who smoke because vaping seems to be less hazardous to your health than smoking a cigarette. At the same time that we wean an Adult Population off of conventional cigarettes, we dont want for turn on middle school kids and teenagers generally to vaping. Yeah, well, i think it would be better for middle schoolers to be smoking i mean using vapes than smoking cigarettes. Because vaping is better for you. And it is like with the studies now, it is almost definitely true that vaping is definitely better for you. Okay. But obviously better for you ill speak like your father as if you are one of my sons. All right. Obviously better for you is not doing any of the above. You get that. Im sure you hear that from your own parent, righ, right . Yeah. They dont like me doing it especially my mom because she like is getting testeds, right . Yeah. They dont like me doing it especially my mom because she like is getting tested right . Yeah. They dont like me doing it especially my mom because she like is getting tested for cancer because she smoked cigarettes before. But you dont listen to that advice. How come . Because i dont really see like because she was smoking cigarettes. She wasnt vaping. And i think vaping doesnt cause cancer. The punishment that you received for your vaping incident, how long was it and was it the same as if you had cigarettes or the same as if you had pot . I got a three day inschool suspension, so basically for three days i spent the desienti day in school doing unless luns my teachers brought something down which most didnt. But if you bring w50ed to school, you get expelled. Kyle rchltl, dont smoke, do vape. Lets see what you are saying. Hit me with it, katherine. Smerconish, my sons High School Just this week took all the doors off the bathrooms because vaping has become such a problem. Rea ma rita marie, take a look at a ju juul. I first thought it was a smum drive. Used to be you saw a pask cigarettes and you knew exactly what they were up to. Now it is not so simple. Give me another one. Why stamp out vaping . It is far less harmful than smoking and is an effective aid in quitting cigarettes. That is not my attitude. I think that vaping is a positive development for adults who have a nicotine habit. Because i think that the science agrees with the idea that they would be better vaping than smoking a conventional cigarette. Here is the came none dwrum for policymakers. The conundrum is how do we allow the weaning off of conventional cigarettes via vaping for adults but if he same time not to turn on a whole generation of junk americans to vaping . Because wed rather they dont vape at all, right . Up ahead, bill cosby returns to court monday for a retrial. But it will be significantly different than the first one which ended in a mistrial ten months ago after the jury deadlocked. And ted kennedys president ial hopes were dashed after the infamous incident when a female Campaign Worker drowned in his car while he swam to safety. A new movie chappaquiddick examines what happened that fate fall 1 fateful night. A body holds a lot of secrets. Not a lot of senators charged with smamanslaughter that goes to become president. Of the original disease. I never felt i was going to die. We know so much about transplantation. And were living longer. You cannot help but be inspired by the opportunities that a transplant would offer. My donors mom says you were meant to carry his story. Im your phone,istle text alert. Stuck down here between your seat and your console, playing a little hidenseek. Cold. Warmer. Warmer. Ah boiling. Jackpot. And if youve got cutrate car insurance, you could be picking up these charges yourself. So get allstate, where agents help keep you protected from mayhem. Like me. Mayhem is everywhere. Are you in good hands . When heartburn hits. Fight back fast with tums smoothies. It starts dissolving the instant it touches your tongue. And neutralizes stomach acid at the source. Tum tum tum tum. Smoothies. Only from tums only tylenol® rapid release gels have laser drilled holes. They release medicine fast, for fast pain relief. Tylenol® internet providers promise Business Owners a lot. Lets see who delivers more. Comcast business offers fast gigspeeds across our network. At t doesnt. We offer more complete reliability with up to 8 hours of 4g Wireless Network backup. At t, no way. We offer 35 voice features and solutions that grow with your business. At t, not so much. We give you 75 mbps for 59. 95. Thats more speed than at ts comparable bundle, for less. Call today. The night of july 18, 1969 changed american political history forever. And a new movie revisits the controversy. Senator ted kennedy drove his car off a bridge and escaped to swim to shore. But a 28yearold former rfk Campaign Worker died in the car. Kennedy waited until the next day to report the incident. And miss account of the night never really added up. Today he probably would be ousted, but it was a different time and kennedy ended up remaining a senator. Still the scandal surrounding that night did forever tarnish him preventing him from ever being a serious president ial candidate able to continue his brothers legacy. A new movie called chappaquiddick dives deep into the events of that night. It was an accident. I was driving. Something like this could dominate the headlines for weeks. We got a body. Dead body holds a lot of secrets. Joining me now is the producer. Mark, on chappaquiddick on a bike i retraced the route ted kennedy took that night. He comes out of a house party, takes a right and goes to a t intersection. The ferry is to the left. The beach is to the right. Theres is. There is the sign. There is only one reason he is going to the beach, right . S is. There is the sign. There is only one reason he is going to the beach, right . Is is. There is the sign. There is only one reason he is going to the beach, right . Ts is. There is the sign. There is only one reason he is going to the beach, right . Is. There is the sign. There is only one reason he is going to the beach, right . You can only speculate what his intentions were that night. We didnt go into the salacious facts of a lot of the whispers. He did take that right turn and hit that bridge on an angle and the car went in. He denied infidelity. What got him in trouble is not so much the accident, its the fact that he went back to bed, went to brunch the next morning, without ever having reported the accident. True . Yes. That is what happened. You know, the writers used the inquest as their source material. And once you added up all those things from the time the accident happened, it is quite an indictment on his choices that evening and next morning. Ive been paying close attention to the reviews. I watched and enjoyed and learned from it even though id spent some time reading about it. But i find interesting the reviews that it is getting. Lets put up on the screen how it has been received. Washington post, ch chappaquiddick pays it fair. The New York Times, how it distort as tragedy. And a long overdue dismantling of the kennedy myth. I thought this was a pretty balanced presentation, but speak to the political dynamics of releasing this movie at this time. You know, when we first got the script, it was 2015. And we didnt think too much of todays political climate. It just became er rer irrelevan everything that has been going on. So it kind of caught up to the moment in time and just become a little more important it seems. And i think were holding our leaders to a higher standard and kind of abuse of power. So all those things i think become more relevant right now. The movie made me appreciate that perhaps one of the reasons why ted kennedy was able to weather the storm, he never became president , but weather the storm and continue to go back to the u. S. Senate, is because these events coincided with the moon landing which was quite a remembrance of his brothers legacy. Do you think that that is one of the factors that played a role here in his politically surviving . Yeah, i mean probably the greatest achievement in 20 onth century gave great cover. Without that, would he have been on the front page for weeks and weeks. He have been on the front page for weeks and weeks. An interesting juxtaposit. When i first heard of the project, i wondered why now. And then i saw an interview that kate mara who plays mary jo kopechne, always miss zoey barns from house of cad cards, but she was explaining that she didnt know of the chappaquiddick incident and there is probably a whole generation that has never heard of it before. Of the chapp and there is probably a whole generation that has never heard of it before. Feven the writers had to do research and it was incredible what they found and they downloaded the inquest. And that narrative of the week that we examine is really interesting. And it is historical and the movie is a thriller more than anything. But it is a piece of American History that, you know, you look at it now and it is incredible especially with the moon landing. Its been a couple years since i did my sleuthing on a bicycle, but what was remarkable to me then is that dike bridge now had guardrails, but nothing else had really changed between the seen of the accidecene of t where the house party had taken place. And what stood out to me are the number of houses that he would have had to pass that night after he gets out of the water and before he eventually goes to edgar town. A lot of doors he could have knocked on for help. I think that is a lot of criticism with what happened that night. You know, he passed and we actually shot the real bridge when you see in the movie the fisherm fishermen man and his son find the car in the morning, we watched this young boy go from that bridge to the dike house. E the car in the morning, we watched this young boy go from that bridge to the dike house. Ne car in the morning, we watched this young boy go from that bridge to the dike house. Man a car in the morning, we watched this young boy go from that bridge to the dike house. Man an car in the morning, we watched this young boy go from that bridge to the dike house. Maybe 100 yards away at the most. And the light was on that evening and he walked past that and as well as several other houses. So i think in a lot of ways that is the mf of his actions, you know, of not knocking on the door, lighting thats land up and at least trying to attempt to rescue with authorities was the thing that i think the big criticism comes. I thought it was a very balanced presentation and entertaining. So for what it is worth, there is my rot tonten tomatoes revie. Appreciate it. And the latest episode of cnns original series of the kennedys, legend of camelot, premieres tomorrow night at 9 00. Answer the survey question. James galliano was lear and her talked about this. Vote, is it appropriate for james comey to publish a memoir before the Mueller Probe is completed . Results coming up in a couple minutes. Still to come, after his first trial ended, can in a mis trial, bill cosby will be back in court monday but his retrial will be significantly different than the first and will be tried against the backdrop of the me tuiasosopo movement. Lets fly, lets fly away just say the words and well beat the birds down to acapulco bay its perfect for a flying honeymoon they say come fly with me lets fly, lets fly away come fly with me lets fly, lets fly away iit was the last song of theh my brnight. It felt like my heart was skipping beats. I went to the er. They said i had afib. Afib . Whats afib . I knew that meant i was at a greater risk of stroke. I needed answers. Once i got the facts, my doctor and i chose xarelto®. Xarelto®. To help keep me protected from a stroke. Oncedaily xarelto®, a latestgeneration blood thinner significantly lowers the risk of stroke in people with afib not caused by a heart valve problem. In a clinical study, over 96 of people taking xarelto® remained strokefree. Xarelto® works differently. Warfarin interferes with at least 6 of your bodys natural bloodclotting factors. Xarelto® is selective, targeting just one critical factor. For afib patients well managed on warfarin, there is limited information on how xarelto® compares in reducing the risk of stroke. Dont stop taking xarelto® without talking to your doctor, as this may increase your risk of stroke. While taking, you may bruise more easily or take longer for bleeding to stop. Xarelto® can cause serious, and in rare cases, fatal bleeding. It may increase your risk of bleeding if you take certain medicines. Get help right away for unexpected bleeding or unusual bruising. Do not take xarelto® if you have an artificial heart valve or abnormal bleeding. Before starting, tell your doctor about all planned medical or dental procedures and any kidney or liver problems. Learn all you can to help protect yourself from a stroke. Talk to your doctor about xarelto®. You could start your search at the allnew carfax. Com that might help. Show me the carfax . Now the car you want and the history you need are easy to find. Show me used minivans with no reported accidents. Boom. Love it. [struggles] show me the carfax. Start your used car search and get free carfax reports at the allnew carfax. Com. Im allbusiness when i, travel. Even when i travel. For leisure. So i go national, where i can choose any available upgrade in the aisle without starting any conversations or paying any upcharges. What can i say . Control suits me. Go national. Go like a pro. You wouldnt accept from any one else. So why accept it from your allergy pills . Most pills dont finish the job because they dont relieve nasal congestion. Flonase allergy relief is different. Flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which pills dont. Flonase helps block 6 key inflammatory substances. Most pills only block one. And 6 is greater than 1. Start your day with flonase for more complete allergy relief. Flonase. This changes everything. The second bill cosby trial begins monday at what is my home county courthouse. A jury has been selected. The first trial ended in a mistrial after juries deadlocked. Last time cosby did not take the stand in his own behalf. Something he revealed exclusively to me before that trial began. Dont you want to testify and tell your story . No. Why not . I just dont want to sit there and have to figure out what i believe is a truthful answer as to whether or not im opening a can of something that my lawyers are scrambling. The new trial however will not be a rerun. A great deal has changed not the least of which is the climate. Six months ago this week the New York Times published its expo say so Harvey Weinstein ushering in me too. Joining me now, two journalists covering the case. Nicole has been covering the case for 13 years. And manuel was in the courtroom for the first go round. A jury has been seated. But on friday, the defense said we already want to remove one of the jurors. How come . What happened is one of the jurors came forward and said they overheard one of the jurors that got picked say that he thought bill cosby was guilty. So she made sure that the defense knew about that and now there is a challenge to have the juror on the panel. So monday for jury selection, the judge in the case asked the 120 perspective jurors who showed up how many of you have already are form pd ed an opini. 68 said they had. Tuesday same qui questioestion, they had. Difficult to find folks. Thats true. And they asked again and they started whether they had a fixed opinion with b. The case to try to exclude them. So they have had a hard time of this. B. The case to try to exclude them. So they have had a hard time of this. Manuel, you would think it is a difficult climate for bill comsby to go on trial with thes allegations in the midst of the me too movement. And the defense is aware of that. They have mentioned it in court filings. They have said in court to the judge. It is definitely on their minds that metoo is hovering over the case. Manuel, in this goround, five women might testify and say literally me too. In the first case there was only one. Respond to that issue. Huge change. Really a sea change between the first trial and the retrial. The judge really laid down a marker in that first case that he wasnt going to allow the prosecution to dem of tlve too into the past. This time around he shifted significantly. Five other women now will be testifying. These allegations go from the 80s to the 90s. And you really have to wonder how a juror will look at this. Will they be able to say, oh, i dont believe Andrea Constand the main accuser, but i believe these other women. How do they reconcile that. It is a key element of this retrial. So that was a big break for the prosecution pretrial, but a break for the defense is that a woman who will testify who will say presumably that an de andr constand made this up. Explain. Right, they have a woman from Temple University who claims that andrea said she was going to set up a high profile person. However, we still dont know if she will testify. The defense could be just floating that to the media to get some headlines out there. And in her own statement, she come tacontradicts herself. So there are problems with this witness. So before the last trial began, i asked bill cosbycontra. So there are problems with this witness. So before the last trial began, i asked bill cosbycontra. So there are problems with this witness. So before the last trial began, i asked bill cosbycontra. So there are problems with this witness. So before the last trial began, i asked bill cosbycontra. So there are problems with this witness. So before the last trial began, i asked bill cosbyontrad. So there are problems with this witness. So before the last trial began, i asked bill cosby what he made of the shear number of women. And here is the way he handled that question. What do you say to the person who puts credence in the charges against you because of the number of women who have come out and said this similar thing . I think that the numbers came because the numbers prior to the numbers didnt work. Are you telling me they are all lying . You know better than that. Manuel, presumably i should have known better than that because if he said they were lying, hed be on the receiving end of defamation litigation right now. We dont know if cosby will take the stand in this goround on his own behalf, but we do know that he has new lawyer. Who is tom mesereau . He is a very wellknown attorney from los angeles, he is best known for winning an acquittal for michael jackson, someone who you might be able to say is as famous or even more famous than bill cosby. This guy mesereau the attorney has a real courtroom presence and a physical presence. He has this beautiful white hair, long hair, and he has a calm commanding demeanor in the courtroom and it will be fascinating to see him and a half indicanavigate this case. You cannot take your eyes off him. And another which i think ch the jury will learn of the amount that Andrea Constand was paid to settle the civil lit xwa litigation. Right, in the first trial it wasnt mentioned. This time they can menkts tcan civil suit. But if it is a large amount, it could show that he really did believe that there was something to the charges against him, but it also helps the defense paint her as this person who just wanted to get money out of a high profile person. So a quick final question for each of you. Because i think that weve now exhibited the fact that this is going to be a significantly different trial because of the rulings that have been made in anticipation of its beginning on monday. Who has benefited, which side has benefited from the different instructing and or climate of this case . Nicky, i ask you first. I think both sides have. And i think that it is too early to tell who is going to prevail in this case. I think both of them got some favorable rulings. There are still a couple of o outstanding ones about where the quaalude testimony will be admitted and whether a phone call can be admitted. So still a close call and i dont think we know what will happen. And do you think, manuel, that one side has benefited more than the other in the pretrial determinations . If you had asked me this yes just a couple weeks ago, i would have without hesitation said that the prosecution had the upper hand. They had gotten these five previous being a cure ekucure a in. But the defense has a bit of momentum. Cure accusers in. But the defense has a bit of momentum. Now pressing the issue for this jury to be removed, they have a bit of momentum going. And both sides are going to be able to credibly say that they are ready to go in feeling like they can win it. Thank you both so much for being here. It all begins on monday. Still to come, your best and worst tweets and facebook xhintds lixhintd comments like this one bill cosby is a done deal. This time the climate hats changed with metoo movement. He will probably be punished for his foolishness. You know, arlene, when i heard that 68 of the 120 perspective jurors on monday and then 83 of the 119 on tuesday said they had a firm opinion in the case, and by the way they were dismissed, they will not be in the jury box come monday, i came to a similar conclusion. I wondered can he get a fair shake in this climate. You say it is his foolishness. Ill wait for a factual determination by the jury. But anxious neck doelgtsz neco say flag it was a set up. Well have to see. So go to smerconish. Com. Is it appropriate for james comey to publish a memoir before the probe is completed . Results in a sec. Your hair is so soft did you use head and shoulders two in one . I did mom. Wanna try it . Yes. It intensely moisturizes your hair and scalp and keeps you flake free. Manolo . Look at my soft hair. I should be in the shot now too. Try head and shoulders two in one. With pg e in the sierras. And im an arborist since the onset of the drought, more than 129 Million Trees have died in california. Pg e prunes and removes over a Million Trees every year to ensure that hazardous trees cant impact power lines. And since the onset of the drought weve doubled our efforts. I grew up in the forests out in this area and honestly its heartbreaking to see all these trees dying. What guides me is ensuring that the public is going to be safer and that these forests can be sustained and enjoyed by the community in the future. All right. Lets do this. Time to see how you voted on this question is it appropriate for james comey to publish a memoir before the Mueller Probe is completed. 10,516 votes were cast. Interesting. 53 said no. Is it appropriate . No, its not appropriate. James galliano who made that case will be ecstatic, though pretty close. 53 47. Lets see what your social immediate would reaction. Comey is striking when the iron is hot. I get he has a version of events at odds with the president , and me wants as to put it out. I think James Galliano had a good point, why not keep your powder dry. This may influence the reaction to the Mueller Probe. What else has come in . Comeys timing destroyed Hillary Clintons timing again, wait until mueller is done. Im wonder if mueller will learn from comeys example of voicing an opinion in the wait he did in the midst of the Hillary Clinton. Better to put it in a report and good i have it to rosen stein. You know, donna, it was not the infidelity that got him in trouble form it was the lack of report over nine or ten hours. That was inexcusable. Can you catch up with us anytime on cnn go or on demand. See you next week. People who rely on us every day to deliver their dreams theyre handing us more than mail theyre handing us their business and while we make more ecommerce deliveries to homes than anyone else in the country, we never forget. That your business is our business the United States postal service. Priority you we are the tv doctors of america, and we may not know much about medicine, but we know a lot about drama. We also know that you can avoid drama by getting an annual checkup. So go, know, and take control of your health. It could save your life. Cigna. Together, all the way. It could save your life. Hesumatra reserve told in the time it takes to brew your cup. Lets go to sumatra. Wheres sumatra . Good question. This is win. And thats wins goat, adi. The coffee here is amazing. Because the volcanic soil is amazing. Making the coffee erupt with flavor. So we give farmers like win more plants. To grow more delicious coffee. That erupts with even more flavor. Which helps provide for wins family. And adi the goats family too. Because his kids eat a lot. All, for a smoother tasting cup of coffee. Green mountain coffee roasters. Packed with goodness. When heartburn hits. Fight back fast with tums smoothies. It starts dissolving the instant it touches your tongue. And neutralizes stomach acid at the source. Tum tum tum tum. Smoothies. Only from tums if youd have told me three years ago. That wed be downloading in seconds, what used to take. Minutes. That guests would compliment our wifi. That we could video conference. And do it like that. snaps if youd have told me that i could afford. A gigspeed. A gigspeed network. Its like 20 times faster than what most people have. Id of said. Id of said youre dreaming. Dreaming definitely dreaming. Then again, dreaming is how i got this far. Now more businesses in more places can afford to dream gig. Comcast, building americas largest gigspeed network. Good morning, everyone. Im Dianne Gallagher in for christi paul. And im victor blackwell. This is the first on cnn. Secret talks between the u. S. And north korea. We want to be right to the story. Elise labott has all the