tv At This Hour With Berman and Bolduan CNN October 21, 2016 8:00am-9:01am PDT
hello. i'm kate bolduan. >> i'm john berman. this morning we know this campaign is no joke. at least probably not a good one. judging by the al smith dinner. more on that in just a moment. in just a few minutes, donald trump holds a rally in fletcher, north carolina. then it's off to pennsylvania for two events later today. this as he says he will or won't or may accept the results of this election, an election where he's down by an average of eight points nationwide.
hillary clinton goes to ohio today where she's been trailing in some polls although a new poll shows the race there even. >> but about last night. the two candidates were a little too close for comfort both on the seating chart and where their jokes landed. at the annual al smith charity dinner in new york city. as is tradition, the candidates traded jokes and jabs but as is tradition for this election cycle it was mostly jabs. some were funny. some were kind of not. some may have gone a little too far. you be the judge. >> hillary accidentally bumped into me and she very civilly said pardon me. and i very politely replied let me talk to you about that after i get into office.
>> people look at the statue of liberty and they see a proud symbol of our history as a nation of immigrants, a beacon of hope for people around the world. donald looks at the statue of liberty and sees a 4. maybe a 5 if she loses the torch and tablet and changes her hair. >> hold your laughs, your boos, your judgment. let's first get to the news. cnn's jessica schneider in fletcher, north carolina, where donald trump is about to take the stage. so jessica, are we expecting more standup comedy today? >> reporter: yeah, you know, donald trump expected to touch down here in north carolina shortly and the question is, will he once again dig in on those rallying cries of a rigged election. we heard him yesterday digging into his plans to potentially protest the election if it doesn't come out in his favor, in fact saying yesterday that he would accept the results of the election and adding a dramatic
pause, if he won. then he went on yesterday to clarify that he was reserving his rights to legally challenge the results of the election. right here in north carolina there's at least one person not taking kindly to that rhetoric. it's the gop executive chair here in north carolina. he put it quite bluntly yesterday, saying we at the north carolina republican party are not aware of the results being optional. of course, other lawmakers also coming out. south carolina senator lindsey graham as well as arizona senator jeff flake, both of them putting it very bluntly as well, saying that donald trump is doing a disservice to democracy by repeating this rhetoric and casting doubt on the country's democracy. well, the voters here are hyped up for yet another rally as we head into the final days of the election. right here in north carolina, the polls are showing this race neck and neck. in fact, the latest cnn poll that was released on monday
showed hillary clinton polling at 48%, donald trump at 47%. so a very close race here. we will see what donald trump has in store for us today. he was full of a lot of rhetoric throughout his rallies of course and at that dinner yesterday. >> thank you so much. we'll be watching for donald trump to take the stage and what will come next. was it comedy, was it cringe-worthy, was it a little of both at last night's al smith dinner? this is the annual white tie fund-raiser for catholic charities in new york city. hillary clinton and donald trump both told jokes or at least both tried. cnn's senior political correspondent brianna keilar joins us now. i want to say highlights or lowlights but give us the lights of the event. >> all right. i'm going to start off with a bit of low light. this is actually probably the thing that got donald trump in the most trouble last night. keeping in mind as you mentioned, this is to benefit catholic charities. it's hosted by the archdiocese of new york. you had cardinal dolan as the one sitting between donald trump and hillary clinton in this
event to benefit needy children. donald trump said this and it didn't go over too well. >> hillary believes that it's vital to deceive the people by having one public policy -- [ boos ] -- and a totally different policy in private. that's okay. i don't know who they're angry at, hillary, you or i. for example, here she is tonight in public pretending not to hate catholics. [ boos ] >> so the background here, he's referring to an e-mail, hacked e-mail released in wikileaks, not an e-mail from hillary clinton or to hillary clinton, but from one of her top aides that came years before the campaign started but nonetheless, spoke disparagingly about catholics even though this aide was catholic. this aide was talking about how
conservatives are catholics because they feel it's the most socially accepted conservative religion. so that didn't go over well in a room full of people there for a catholic charity dinner, as you can imagine. the other thing that was sort of an interesting barb i know you rather enjoyed, kate, this was hillary clinton responding to this very weird statement by donald trump leading up to the debate that hillary clinton may have previously been on drugs at a debate and that they should do drug testing. here's what she said. >> donald wanted me drug tested before last night's debate. and look, i got to tell you, i am so flattered that donald thought i used some sort of performance enhancer. now, actually, i did. it's called preparation. >> and prepare, she did. she spent five days preparing for that last debate. she spent several days preparing for each previous debate. some observers as you know looked at that and thought it
might have made her a little robotic but it also helped her win because according to our scientific instant polls she won all three debates. >> who won the al smith debate? we will find out. great to see you. thank you. so joining us now, alex burn, national political reporter for "new york times," cnn political commentators, s.e. cupp, bill press, and kayleigh mcinany, donald trump supporter. after last night, cardinal dolan, who had the most difficult seat in the house, maybe the only man who could handle it, he was on the "today" show speaking about kind of what was said, what his job was. he said in private the two sounded a little different than they did in public. watch this. >> after the little prayer, mr. trump turned to secretary clinton and said you know, you are one tough and talented woman. and he said this has been a great -- a good experience, this
whole campaign, as tough as it's been. she said to him and donald, whatever happens, we need to work together afterwards. i thought this is the evening at its best. >> then there were rainbows and unicorns. >> then we woke up from the dream. yeah. >> cardinal dolan has a great sense of humor and he's just adorable. but seeing him sandwiched between two people who come in with really legitimately bad character issues was odd to watch. i got to be honest, i actually thought, i know these jokes were scripted for them but i actually thought the front ends of donald trump's delivery, his jokes were funnier and they were written by other people. i get it. they were funnier. her delivery is not that great. but in typical trump fashion, he took i thought the good will he had earned through some of those jokes and threw it in the dumpster and lit it on fire when he turns toward hillary clinton as so corrupt and hillary clinton is pretending not to
hate catholics, the room just sunk. it was a thud. and it's sort of typical of what he does. she, on the other hand, gave sort of a flat joke performance and then turned to but let's all come together and we're better than this and of course, the room loved that. so it was sort of almost two different kinds of moments within both of their speeches. >> alex, at the risk of making too much of this, chuck todd said it's really hard to go in and lose the al smith dinner. but donald trump may have done that. is that a fair analysis? >> i think it is. i think what makes it sort of additionally a weird thing to see happen is that this should have been a room that trump is pretty familiar with. it's a bunch of rich new yorkers including many in the real estate development business. this ought to have been something of a hometown crowd. not that trump is deeply involved with catholic charities in new york, but still, it was a room he should have been able to read. i think as s.e. pointed, we have
seen over and over trump in this general election really struggle to read a room that isn't high school gymnasium in central pennsylvania full of cheering fans who are with him in the republican primary. he's not a terribly maneuverable candidate. frnchlg >> they can all put away the white tuxes and back to the campaign trail. so donald trump on the issue of will he accept the election results when they come out, he went from holding voters in suspense yesterday afternoon, making a joke about it, and then he seemed to back off of that in his speech even yesterday, backtrack, maybe clean it up a little bit. listen to this. >> of course i would accept a clear election result, but i would also reserve my right to contest or file a legal challenge in the case of a questionable result. >> if you listen to that one, and you forget everything else,
that seems not unreasonable. does it settle it for you now? >> no. just say he will accept the results of the election. i just have to say one quick thing. i wish the comments they made according to the cardinal privately, they had said publicly at the debate. i think the american people would have been -- >> we wish they shook hands at the debate. we got criticized for saying that. >> they didn't shake hands at the debate at all. they did last night. i have to say, look, this whole thing about -- i have been a candidate. i have lost an election. it's hard to do but it's what you have to do as a candidate. richard nixon did it when he could have challenged john f. kennedy and john mccain, john kerry could have challenged. they didn't. they accept the results and move on. that's what donald trump has to say emphatically. i think it's wrong and i think it's dangerous because i think the result is not for him, maybe, but his supporters then will not trust the legitimacy of the clinton presidency which looks like we are going to get so it will be birther round two.
>> didn't he open up the door now to accepting it saying if there is a clear result? granted, it comes after everything else. >> stop playing games. just say yes, of course i'll accept it. i'm an american. this is our democratic process. god bless america. i hope to win but if i don't, yes, i will get behind, i will just accept the results. >> i think the apocolyptic reaction to what donald trump said is stunning and really overblown. the fact that he wants to wait and see what happens in two weeks on the heels of a video coming out where you have democratic operatives talking about how to commit mass voter fraud, naming the states they want to do it in, i think it is entirely fair for him to say one, be vigilant. two, i want to wait and see what happens. >> there is no evidence, zero evidence of any voter fraud. >> except the video with democratic operatives -- >> that was not voter fraud. by the way, condemn it, we all should. a couple of democratic operatives who have since been fired who are trying to stir up allegedly some violence at a trump rally. we never support that.
but that is not massive voter fraud on a national scale. it does not exist. >> can i just say i think on this issue, what donald trump is saying is horrific and dangerous. kayleigh is right though. i talked to a lot of people around the country over the past couple of days. they feel this is an overblown issue. they feel this is fake outrage, like it's an academic sort of interpretation of what he said. >> why? >> because he doesn't even believe what he's saying? >> no, they don't understand the consequences. when we talk about the consequences of that kind of language, really undermining democracy and this idea of a peaceful transition of power and how terrible that is, they will say well, he doesn't have an army. what's he going to do? they don't think that these sort of academic arguments -- >> no real people -- >> it's not really working in the heartland. as much as i wish it were compelling argument because i really do believe it's dangerous, i'm not sure this is
going to move people who aren't already decided. >> i think that may very well be the case. i do think it's an issue that's important enough that we ought to be focusing on it irrespective of whether the man in the street is that concerned about it. i spent yesterday talking to a number of diplomats about what this conversation does to the image of american democracy internationally and it's less a matter of trump saying that he will wait and see, you know, what the results are before conceding and more this constant talk that the system is rigged, you can't trust the result, it's all, the fix is in from the elites on high, they have already sort of decided the vote tallies. for people around the world who see the united states as a beacon of democracy, that's really really dangerous talk. >> i just want to get your take on one of the other big moments. this obviously was the moment that overshadowed a lot of the debate, post debate. another moment that so many we are talking about, i know you have been asked about it as well, when donald trump said hillary clinton was such a nasty woman. this has put a lot of
republicans in the position of being asked do you agree, don't you agree. this is what texas congressman ryan babin said when he was asked about it. listen to this. >> do you think it's appropriate to call her a nasty woman? >> well, i'm a genteel southerner. >> so that means no? >> no, i think -- i think sometimes a lady needs to be told when she's being nasty. >> this helping your cause? >> i think he was trying to dispel any sense of this was some gender criticism because i don't think this was sexism when donald trump said nasty woman. >> he said lady. he said lady there. i'm not sure that helps say it's not a gender issue right there. >> a lady needs to be told, kayleigh. >> i think that's reading too much into that. look, i don't think donald trump should have said the comment nasty woman on the stage. i don't think it helped him win voters. i don't think it hurt him. i do think he was speaking to a deep frustration of standing next to someone whose associates smashed blackberrys with hammers who got out of the clinton quid
pro quo allegations and his deep frustration with the smugness and arrogance she had on that stage. he shouldn't have said it but i understand his frustration. >> here's why he was frustrated. he was frustrated because he knows he's losing this election and knew he had lost that debate and she had gotten under his skin. she was talking for god's sakes about the fica tax and social security. the driest subject on the planet. she wasn't attacking him in any way. he could not -- >> she did get a dig in. right before that, about him not paying. >> one last point on this. does this show the kind of bind republicans around the country can be in when dealing with donald trump? this guy on the radio show, congressman babin was asked about the nasty comment. your choice is to either disavow the candidate or weigh in. he chose option three, which is make it worse. >> yeah. if are you taxed with the duty of defending donald trump it's very difficult and you are seeing the kind of contortions that you have to get yourself into to put a positive spin on what is clearly indefensible. that's why a lot of republicans have chosen not to defend him.
>> guys, great to see you. thanks so much. >> thank you. while trump and clinton fight for the white house, 34 senate seats are also on the ballot and there's a case being made for one senator by suggesting trump has already lost. the strategy behind that ahead. occasionally florida is an important state in presidential elections. by occasionally we mean always. coming up, we speak with a republican party head of florida with new information about the state of the race there. and a possible anti-ryan rebellion. could the speaker of the house, paul ryan, have his job on the line because of his position or lack thereof on donald trump? stick around. he is. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you.
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correspondent dana bash to explain what's going on. >> that's right. this is potentially a moment that we will look back on as a key turning point in the race in terms of how the republican sort of establishment writ large looks at where the resources go. at least that is what one of the groups, the chamber of commerce, is hoping. they are starting an ad they say today in new hampshire which is to benefit the incumbent republican kelly ayotte but more importantly, the message in it to voters in new hampshire is vote for kelly ayotte as a check and balance on the white house. doesn't explicitly say hillary clinton will win, but that is the clear message. let's take a listen. >> america's future is far from certain. but no matter who the next president is, new hampshire needs a strong voice in the u.s. senate. that's senator kelly ayotte.
she works across the aisle to get things done. maggie hasesan's record, she voted over 100 times for more taxes and fees. just imagine what she would do unchecked in washington with a new president. >> now, you showed the public polling that shows kelly ayotte, the incumbent republican, pretty far behind her democratic challenger. i'm told internal polling has kelly ayotte closer and that they think this is somewhere where she actually can win if they can successfully separate her from donald trump and more importantly, as this ad tries to do, say it's critical to put her in the senate and other republicans, keep the majority in order to sort of offset what they believe will be a democratic white house. you both remember back in 1996 when bob dole was on the ticket about this point in the campaign with the blessing of bob dole, a
lot of resources, including party resources, were shifted over on the senate because it was clear he was not going to win. this is different in that the party resources are still going for donald trump. they are still working hand in glove. but i'm told specifically by a source at the chamber of commerce this is an important republican group that they are hoping this does send a signal to other candidates in tough senate races and other outside groups like them, that it is time to really put the money and resources in the senate and make clear message wise to voters it is because they think hillary clinton is going to be the one in the white house. >> dana bash, important moment. thanks so much. want to bring in the state representative and chairman of the republican party of florida. mr. chairman, thanks so much for being with us. dana bash was just talking about the senate race in new hampshire so let's talk about the senate race in the great state of florida. yesterday president obama was in your backyard and he weighed in decisively on that senate race. let's listen.
>> how can you call him a con artist and dangerous and object to all the controversial things he says, and then say but i'm still going to vote for him? come on, man. come on, man. it is the height of cynicism. that's a sign of somebody who will say anything, do anything, pretend to be anybody, just to get elected. >> the president saying marco rubio said some pretty tough things about donald trump, yet he's still going to vote for him. your response to the president? >> well, i would say to the president the reason why marco rubio is voting for donald trump is marco rubio understands that we need a federal government that is accountable and he understands the importance of
keeping the supreme court in check. look, you could say that about marco rubio and donald trump but let's talk about patrick murphy. patrick murphy is casting a vote for perhaps what people will say is the most corrupt career politician ever to run for the presidency. so if the president is going to ask marco rubio that question we need to ask patrick murphy why is he still standing by hillary clinton. >> you are the republican chair in the state of florida, maybe the most important state for donald trump for a path to victory right now. how enthusiastic are you about donald trump? >> look, i think there's a lot of enthusiasm for a donald trump presidency. but what i want to remind everybody is please do not underestimate the level of frustration with americans with their federal government. look, as long as this race is close i believe that the shadow vote that we keep on talking about is going to help put donald trump over the top in some of these states. what is that shadow -- >> mr. chairman. >> yes, sir. >> i couldn't help but notice
you didn't say i have a lot of enthusiasm for donald trump. you said there is a lot of enthusiasm for donald trump. kate's question was how supportive are you personally of donald trump's candidacy? >> look, i'm voting for donald trump. i also understand the importance of keeping a federal government in check. i understand the importance of a supreme court that is accountable to the people and goes by the strict meaning of the constitution. what we can't afford is a hillary clinton presidency. with the pay to play schemes, with somebody who has the office, who is only there to enrich herself and her friends, a lot of people will see past this. the last thing we need is a continuing of the status quo in this federal government. >> are you concerned about widespread voter fraud in florida? >> what i am concerned about is some things we are seeing that are some cause for concern. when you put it all together, it is some cause for concern. we have seen how -- >> marco rubio, though, when he was asked about it, you are supportive of marco rubio, marco
rubio said definitively in a debate this election is not going to be rigged, there is no evidence behind any of this and donald trump should stop talking about it. >> well, the first thing i would say is let's talk about the f florida system. it is very very safe. we are a paper based system that goes through optical scanners on a closed network. in a worst case scenario we can recreate the election here in florida. let's talk about what the florida democrat party and hillary clinton's campaign did in the state of florida this week. they actually filed a lawsuit asking a judge to count the votes of people who are not registered in the state of florida. that is unprecedented. it's scary. it can create chaos. what they did was basically ask a judge to have anybody who shows up to the polls not even to verify they are registered to come in and cast a vote. that is unprecedente eed it's scary. thanks god the judge shot that down. >> so it's not happening. got it. thank you so much for joining
us. appreciate it. so house speaker paul ryan is now feeling the heat for his lukewarm support of donald trump. now some of the speaker's republican colleagues in the house are threatening rebellion. details ahead. plus, legal experts call it the doomsday scenario. what happens if the supreme court has to weigh in on this election? a court that's down a member right now so if there's a 4-4 tie, who gets to pick the president? >> john berman. you inherit lots of traits from your family.
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republican. it's now republican versus republican. some house members increasingly angry over speaker paul ryan's refusal to campaign for donald trump. >> now more -- i can't talk anymore. more are saying that if ryan won't do more to help trump, they might not help him keep the speaker's gavel. cnn's senior political reporter manu raju joining us from capitol hill. apparently it's friday. i have lost the capacity to speak. please take. >> reporter: you know, paul ryan is in a donald trump dilemma. now that the speaker says he can no longer defend donald trump, some are saying they can't back him. you already had one congressman, jim bridenstine of oklahoma criticizing him. >> honor the people who believe so desperately take we need to
put donald trump in the white house, they question the loyalty of the speaker. i do think there will be real discussions after november 8 on who our leadership will be and what that will look like going forward. >> reporter: why are a couple congressmen so significant? because of the margins. if the house gop keeps the majority next month they almost certainly will have a small majority because they are certainly to lose seats, potentially up to ten, including moderates. meaning that conservatives would have even more sway over the party's leadership next congress. ryan will face a vote on the floor so he cannot afford to lose many votes to get to 218 he needs to get re-elected speaker. he already lost ten votes the first time he ran. so every vote counts. that could be one reason why we have not heard paul ryan speak up publicly against donald trump for the last couple of weeks since the release of that "access hollywood" video. radio silence from ryan, avoiding all questions about trump as he tries not to criticize the nominee because if he does, that could provoke even more backlash from the right.
>> my favorite was when he took prescreened questions from a college audience. college republicans. wouldn't even let them ask the questions. thanks so much. so is this paul ryan's republican party or is it now donald trump's? we will discuss with our panel as we wait on donald trump. you are looking at live pictures right now. donald trump will take that stage in just a few moments. plus, what does doomsday look like? if you are a legal expert, it could be election day. more on that ahead.
minute now. le he will be taking to the stage in fletcher, north carolina. >> before the break we were talking about paul ryan's issues within his caucus. there are now rumblings down ballot across the country. let's bring in bill krystol, krystal ball, no relation -- [ speaking simultaneously ] >> john phillips, who is merely grateful he's not in the studio with us right now. >> i feel left out. >> and donald trump supporter. bill, let me start with you. "washington post" has an article out today essentially saying after the third debate there are republicans convinced the presidential race is lost. it has quotes, not just blind quotes from people saying it's over and now down ballot candidates have to deal with that situation. if you are running for senate right now, how do you deal with
that reality and keep in mind everyone is not like you. everyone is not going to stand up and say i'm not voting for donald trump. how do you position yourself? >> that's the editorial in the new weekly standard this morning. we are on the same page. i think he's very very likely to lose, donald trump. no one has reversed a six, seven, eight point deficit this late in the campaign after the tee bat debates and his unfavorable numbers. i think senate and house candidates need to say you are looking at hillary clinton as president. i don't want it. i'm voting republican. that's what they can say. but this is the facts. do you want hillary clinton and nancy pelosi and chuck schumer unchecked running wild, replay of 2009, '10, all this liberal legislation passed, or do you want checks and balances. that's a pretty effective message. >> isn't that everything people don't like about politicians? they haven't broken with him yet, how can they honestly inoculate themselves? >> look, in more elections than not, voters have sent back
divided government. one or both houses controlled by the other party than the presidential candidate they voted for. voters are kind of used to it. they don't love checks and balances. it's oh, gridlock. on the other hand, compared to -- i think especially if i were a republican house candidate i would just say hillary clinton and nancy pelosi. is that who you want running the country? >> does that become a self-fulfilling prophesy if you start to have candidates saying it's inevitable and it starts to become inevitable and are there consequences for these people among donald trump supporters? >> i quote tip o'neill and say all politics is local. i would run my race to whatever local audience it is in whatever district or state i'm running in. secondly, there's a lot of truth to what bill just said. americans do like divided government. let's go back to the 2008 election when barack obama won in a huge national landslide. what happened in the next midterm election? the democrats took a thumping in the tea party revolution. same thing happened after he was
re-elected in 2012. the republicans had huge gains in the midterm elections. there's a lot of states out there including massachusetts and california that are heavily democratic states that have a long history of electing republican governors for that very reason. people do like divided government. hillary clinton's unfavorables are very high so there's going to be a lot of people that vote for hillary clinton even though they don't like her. if you vote for her and don't like her, you definitely want a check on her to make sure she doesn't have complete control over the government. >> there are two problems with that analysis. first of all, john, you have to wait i guess until the next midterm election before you see this backlash that brought us divided government because in 2008 and '12 democrats did fairly well down ballot. the second thing is -- >> republicans controlled the senate in 2012. >> the trend over time has been that fewer and fewer people are ticket splitting. it's just not what we have seen so far. but going back to bill's analysis here, i think you are absolutely right that the trump base is going to show up.
they are not going to vote for democrats just to spite the republicans that might have gone against them. i do think their best bet at this point even though they should have done it long ago is to separate themselves as much as possible and say hey, nancy pelosi is still very much hated among republicans, do you want her to be back in charge. >> for democrats, we have seen president obama, he's made this his election kind of battle cry, is taking on the down ballot races. we saw him take on marco rubio over and over in miami, who are not really hearing that from hillary clinton. she is -- you don't really hear her talking about down ballot races in the forceful manner that barack obama is talking about. why do you think that is? is that more of a statement of they don't want her -- >> there's a challenge here. she's been trying to reach out to moderate republicans and she doesn't want to say all the republican party is terrible for standing by trump. she wants to distinguish between the trump folks and the rest of the party. but you do see in terms of money and this is where money becomes
really important, she has the resources and frankly the electoral college flexibility to be moving money from hillary clinton super pac, going now top peb support the senate candidate. even the money plays out and has a ripple effect. >> bill, another area where you have weighed in on, teeing this up for you right now, is the issue of paul ryan. we were talking about paul ryan before in trouble with some of his caucus for turning his back partly on donald trump. but you sort of say he didn't turn his back enough. he's going to get it from both sides right now. where is the future for paul ryan? >> look, i think he acted out of good motives, he felt he had to try to represent his members who wanted to be pro-trump. he's personally anti-trump. he tried to split the difference. sometimes you get the worst of both worlds. sometimes that works. we were talking about this
before the show. she lives in kentucky where mitch mcconnell is from. he's kind of a cynical guy or shrewd guy. we made one statement three months ago, donald trump will be the nominee, i support the republican nominee and literally to my knowledge not said a word about trump. paul ryan wanted, i can work with him, i'm going to convince him to be on board our entitlement reform agenda and kind of got himself wrapped around the axle of half working with trump, then had to denounce trump when trump said something bad, then has to reassure people he's voting for trump. it's been rough. honestly, it has been personally a rough few months for paul ryan. >> paul ryan would probably agree with you. >> our thanks to all of you. looking at live pictures right now from north carolina. there they are. donald trump getting ready to speak in the town of fletcher, north carolina is a swing state. of course it's a swing state he needs to swing his way. we will take it live when it happens. republicans suggesting the unthinkable. giving president obama the parting gift of a full supreme
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let's play one of our favorite games. what if? what happens if donald trump disputes election results as he suggested. if on november 9th there's a dispute in one state and the u.s. supreme court is forced to decide the winner? one legal expert calls this the doomsdoi scenario. >> why we have -- >> speaking of doomsday. >> jeffrey toobin is here. jeffrey toobin, this is an issue. elections have gone to the supreme court. >> indlooed deeed. >> only eight justices on the supreme court with bush/gore. what happens then? >> let's just back up. remember, we don't have in an a presidential election, we have 50 all with different rules, different voting machines. so there will not be one lawsuit dealing with the presidential election. there may be one are more state.
and the state, of course, has to be dispositive. doesn't matter if one candidate has 350 electoral, one state. but what made florida so important in 2000 was that it held the balance of the 270 electoral votes. the supreme court gets the case. whatever the lower court decision was supporting one side or the other would be affirmed, 4-4, if that's how the courts split. >> sounds like a not good result. for anyone involved. >> i mean, this is why the supreme court has an odd number of seats on it. >> become odd numbered because of the ginsburg factor now? ruth bader ginsburg statements made in an interview with cnn she then essentially had to apologize for about donald trump. what do you think would happen? >> that, again, is a difficult question. one of the oddities about the supreme court is that unlike
other federal courts, the lower federal courts, there is no binding rule of legal ethics on the supreme court. it's the honor system. they have to decide themselves whether to recuse themselves in any given case. that's been the subject of some criticism, but that's the rule as it is now. so it could simply be up to ruth ginsburg whether she wanted to recuse hems, and there's no review, no appeal of that decision. it's just up to her. >> so speaking of the supreme court merrick garland. if hillary clinton does win the election on november 8th the lame duck senate should take up the issue of guardland, confirm him and put him on the panel of the supreme court? >> he is not the majority leader. mitch mcconnell, has said over and over again there will not be a lame duck vote on marek
garland, by which he means, i think, there will not be a lame duck vote on garland. interesting idea. you can see the logic, i don't think there's any way it's going to happen. >> putting pressure on hillary clinton if she wins. does she renominate? >> i have been pursuing that issue unsuccessfully. i cannot get an answer and i think she has not made up her mind. >> great having you here. to win the white house, frump will likely -- not even likely, needs north carolina. where he'll be speaking live. looking at live pictures. we'll bring you there live. be right back.
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this week's cnn hero trying to save teenagers lives in the united states. >> a lot of parents would never toss their kid a loaded gun and tell them to have fun but many don't think twice about throwing them the car keys, and expect them to be prepared to handle every situation. we're doing our job to make a difference and make the roads safer for all of us. >> "inside politics" with john king starts now. welcome to "inside politics." i'm john king. donald trump in battleground north carolina this hour. another must-win trying to mount a comeback and a major battleground in control for the united states senate. dropping in live on that event. and 18 days out from the election, even jokes at an iconic charity roast have an edge to them. >>