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tv   CNN Newsroom With Brooke Baldwin  CNN  October 27, 2016 12:00pm-1:01pm PDT

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country into us versus them and those who tell us to embrace our better angels and choose hope over fear. and as we look into the eyes of our children, as we send them off to school each morning and tuck them into bed at night, as hillary said, the stakes in this election could not be more clea clear. and let me tell you this is not about republicans versus democrats, none of that matter this time around. this is about who we shape our children and the country we leave for them not just for the next four or eight years but for the rest of their lives. [ cheers and applause ] because as hillary pointed out, we all know, we know the influence our president has on our children.
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how they turn on the tv and they see the most powerful role model in the world, someone who shows them how to treat others, how to deal with disappointment, whether to tell the truth. they're taking it all in and as hillary said, when you've raised children in the white house like barack and hillary and i have, you were reminded everyday of the impact that you have, you start seeing the images of every child in this country in the face of your child. so when people wonder how hillary keeps her composure through the overwhelming pressure of not just this campaign but of her career, or how barack and i have dealt with the glare of the national spotlight knethese last eight years, that's the answer. with every action we take, with
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every word we utter we think about the millions of children who are watching us, who hang on to our every word looking to us to show them who they can and should be and that's why everyday we try to be the kind of people, the kind of leaders that your children deserve, whether you agree with our politics or not. [ cheers and applause ] and when i think about this election, let me tell you, that is what i'm thinking about. i am asking myself who do my girls, what do all our children deserve in their president? what kind of a president do we want for them? well, to start with, i think we want someone who is a unifying force in this country. someone who sees our differences not as a threat but as a
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blessing. [ cheers and applause ] as hillary said, we want a president who values and honors women. who teaches our daughters and our sons that women are full and equal human beings worthy, deserving of love and respect. [ cheers and applause ] we want a president who understand understands we were built by folks who came here from all corners of the globe who worked their fingers to the bone to create this country and give their kids a better life. we want a president who sees the goodness in all our communities, not just the brokenness, someone who understands that communities like the one where i was raised are filled with good hard-working folks. whoex who takes that extra
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shift, who work that extra job because they want something more for their kids. and finally we want a president who takes this job seriously. [ cheers and applause ] and that has temperament and mature toy to do it well. somebody who is study. someone we can trust with the nuclear codes because we want to go to sleep at night knowing our kids and country are safe and i am here today because i believe with all of my heart -- and i would not be here lying to you i believe with all of my heart that hillary clinton will be that president. [ cheers and applause ]
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over the years, i've come to know hillary. not just her extraordinary professional accomplishments but i know her personal values and beliefs. i know hillary was raised like barack and i in a working family. hillary's mother was an orphan, abandoned by her parents. her father was a small business owner who stayed up nights poring over the books working hard to keep their family afloat so hillary knows what it means to want something better for your kid. since the day of her campaign hillary has been laying out concrete detailed poll shows that will make a difference for kids and families in this country. she plans to make college
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tuition free, to help young people drowning in debt she's going to handle making sure our climate is protected. and let me tell you this about hillary she is involve and engaged in every policy issue that she's developed. you go on her web site. she's going to raise the minimum wage. she's going to cut taxes for working folks. she's going to do her best to help women get equal pay for equal work. [ cheers and applause ] . and if you want to know more, just go on her web site, because here's the thing about
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hillary. thankfully hillary is a policy wonk. and let me tell you, when you are president that is a good thing. because policies matter. they really matter. they determine whether our kids have good schools, whether they can see a doctor when they're sick. whether they're safe when they walk out the door on their wap to school. policies matter and that's why hillary has fought so hard for children's health insurance as first lady, for affordable child care in the senate. that's why as secretary of state she has gone toe to toe with world leaders to keep our kids safe and that is why day after day, debate after debate sthe has shown us such strength, such grace, refusing to be knocked down, refusing to be pushed around or counted out.
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hillary does all of this because she is thinking of children like her mother children like her daughter and her grand kids, children who deserve every chance to fulfill their god given potential. that is why hillary is in this. she is in this race for us. she is in this for our families, for our kids, for our shared future so let me tell you that is why i am inspired by hillary, that is why i respect hillary because she has lived a life grounded in service and sacrifice that has brought her to this day. that has more than prepared her to take on the hardest job on the planet. she has run an extraordinary campaign. she has built an impressive grass-roots organization. she's raised the money. she's won all the debate.
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[ cheers and applause ] so hillary has done her job. now we need to do our job and get her elected president of the united states. [ cheers and applause ] because here's where i want to get real if hillary doesn't win this election that will be on us. it will be because we did not stand with her. it will be because we did not vote for her. and that is exactly what her opponent is hoping will happen. that's the strategy. to make this election so dirty and ugly that we don't want any part of it. so when you hear folks talking about a global conspiracy and saying that this election is
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rigged, understand that they are trying to get you to stay home. they are trying to fins you that your vote doesn't matter, that the outcome has already been determined and you shouldn't even bother making your voice heard. they are trying to take away your hope. and just for the record, in this country, the united states of america, the voters decide our elections, they've always decided. voters decide who wins and who loses, period, end of story. and right now, thankfully, folks are coming out in droves to vote early. it's amazing to see, we are making our voices heard all across this country because when they go low -- [ audience responds with "we go high." ] >> and we know that every vote matters, every single vote. and if you have any doubt, consider this, back in 2008 and i say this everywhere i go,
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barack won north carolina by about 14,000 votes. [ cheers and applause ] which sounds like a lot. but when you break that number down the difference between winning and losing this state was a little over two votes per precinct. see i want you all to take that in. because i know that there are people here who didn't vote. two votes. and people knew people who didn't vote. two votes. if just two or three folks per precinct had gone the other way, barack would have lost that state, could have lost the election. and let's not forget back in 2012 barack actually did lose this state by about 17 votes per precinct. 17. that's how presidential elections go. they are decided on a razor's
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edge. so each of you could swing in this stadium, just think about it, each of you could swing and entire precinct and win this election for hillary just by getting yourselves, your friends, and your family out to vote. just doing what you're supposed to do. you can do this. but you could also help swing an entire precinct for hillary's opponent, with a protest vote or by not voting at all. so here's what i'm asking you. get out and vote. get out and vote for hillary, vote early, vote right now! leave here, go vote. and don't let anyone take that right away from you, as hillary mentioned, you may have mean? previous weeks that folks were trying to cut early voting places. and cut the hours they were open but that didn't stop people in the state.
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that's beautiful. now i understand there are more locations that are opening and i want you to all to crowd those places. i want you to remember that folks marched and protested for our right to vote. [ cheers and applause ] they endured beatings and jail time, they sacrificed their lives for this right [ cheers and applause ] so i know you can get yourselves to the polls to exercise that right because make no mistake about it. casting our vote is the ultimate way we go high when they go low. voting is our high, that's how we go high? [ audience responds with "we vote" ] >> that's it. and after you vote, volunteer. no, no, no, we need you to volunteer, roll up your sleeves, make call, knock on doors, get
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people to the polls, it's turnout that will make the difference. we have to turn our people out. do not let yourself get tired or frustrated or discouraged by the negativity of this election. as you were out their working your hearts out for my girl -- [ laughter ] here's the thing that i just want to tell you all because this has been a draining election. but i urge you to please, please be encouraged, you know, i want our young people to be encouraged because we still live in the greatest country on earth. [ cheers and applause ] we do. and i have never felt more hopeful about the future.
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and i want -- our young people deserve that. be encouraged. i feel that way because for the past eight years i have had the great honor offing with this country's first lady. [ cheers and applause ] first ladies, we rock. [ cheers and applause ] but i have traveled from one end of this country to the other and i have met people from every conceivable background and walk of life, including folks who disagree with just about everything barack and i have ever said. but who welcome us into their communities remember our neighbors are decent folks. we're all good people who are
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open hearted and willing to listen and while we might not change each other's minds, we always walk away reminded that when it comes to what really matters, when it comes to our hopes and dreams for our children we're just not all that different and i want you to remember that it's that part of us as americans, it's that piece of us that is in all of us, that's what drives folks like hillary's mother who said to herself "i may not have grown up in a loving family but i will build a loving family of my own. i will give my children what i never had. i l pour my heart into raising a strong, smart, loving daughter." that's what drives people like my father who kept getting up and putting in those long hours,
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who said i may not have gone to college but i'm going to keep working because maybe my son, maybe my daughter will because in this country anything is possible [ cheers and applause ] as we walk away from this election. remember that is what makes us who we are. remember that. it's a country where a girl like me from the south side of chicago whose great great grandfather was a slave can go to the finest universities on earth. a country where a biracial kid from hawaii, the son of a single mother, can make it to the white house. [ cheers and applause ] a country where the daughter of an orphan can break that highest and hardest glass ceiling and become president of the united
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stat states. [ cheers and applause ] that is who we are. that is what's possible here in america but only, only when we come together, only when we work for it and fight for it so that's why for the next 12 days, folks, we need to do everything possible to help hillary clinton a and tim kaine win this election. [ cheers and applause ] are you with me? [ cheers and applause ] are you with me? [ cheers and applause ] i can't hear you! are we going to do this? we're going to vote, we're going to vote early, we're going to stand in line, we're going to make our voices heard. no one is going to take away our home. let's get this done. thank you all, god bless. [ cheers and applause ] ♪ ♪
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♪ they call her "the closer." a hug of thanks, of gratitude between two women who have both raised children in the white house. folks, this is history, these two ladies, a former first lady who would like to be president and the current first lady embracing, standing there on that stage in north carolina side by side, former first lady who is now the first female to stand as a major party presidential nominee, hillary clinton and michelle obama together for the first time on the campaign trail, winston-salem, north carolina, the major moment strategically set in the south in north carolina. we'll get to all of that here and we'll stay on this as i bring in, i have gloria borger today, our chief political analyst, senior politics writer
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for u.s. news a"u.s. news and " report," dana bash and we have kate anderson brower still with us, author of "first women." it's wonderful to have all of you on. gloria, let me begin with you. even just the embrace, the way the two walked out the embrace between the two, the gratitude, the heaping of praise from hillary clinton to the first lady, what did you make of the whole thing? well, first of all, i think you have to say bar none michelle obama gets the prize of being the sur gas of the year. >> super surrogate. >> there's nobody that can talk about the race she can. first of all, humanizing hillary clinton, calling her the daughter of an orphan was so striking to me. talking about how hillary clinton grew up and what her mother -- that her mother was the daughter of annor unanimous and how hillary clinton grew up and how her mother raised her.
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the second thing that i think was so important and striking and i'd love to hear what you all think is the way she talked about voter suppression. she said, you know, their strategy the to make this election so dirty and ugly that you won't want to get out there and vote. she said to voters "don't let them take away your hope. you get out there and you vote. and-the-went on to talk about her husband's 14,000 vote margin in the state of north carolina in 2008 and how that was down to two votes a precinct and so she made the closing argument, she made it personal and she talked to every voter out there. she said they want you to stay home. i think that was very effective. >> when she said voters decide
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who win and lose and made such a big deal in north carolina and even calls out different precincts and voters numbers and her husband in 2008 and 2012. i want to get to that in a second but, kate, to you, who has such an incredible knowledge of first ladies, she called hillary clinton "my girl" a "policy wonk." even hillary clinton told the story of remembering when she was on the second floor of the white house waiting for chelsea to come home from school and she said she and the first lady have that in common, raising children under scrutiny and shielding them. >> that's true. i loved it when she said first ladies, with we rock and turned to hillary clinton. it's unprecedented for a sitting first lady to be so passionate. she humanized hillary clinton talking about the fact that they're both mothers, the mother of two young daughters which has
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helped her when she calls out donald trump in this election and she talked about what it's like to raise children in the white house and that she and hillary clinton have had this unique experience of living in the fish bowl of the white house, hillary clinton used to do home work with chelsea over fax when her husband was running and michelle obama did the same thing. she would make sure she was home for dinner with them so they both know what this existence was like and that's a powerful image for voters to hear. >> dana, what about gloria's point bringing up the rigged talk and saying well, they're just trying to keep you home? >> well she was explicit about it, this is coming from the first favor first lady reminding voters that that kind of talk is not new and that people in the 1950s and '60s and before that went through tough times in order to get the right to vote
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so that kind of imagery and reminder is powerful given who the messenger is but who the audience is, she's in north carolina but detective be for any one of the urban areas in these battlegrounds states where she is trying along with her husband, the president, are trying to sort sort of resurrect and keep together the obama coalition which included a huge percentage of the vote coming from the african-american communities so that kind of attempt to use donald trump's talk of rigged -- the rigged election to their benefit i thought was quite interesting. >> and david i want to hear from you. i want to hammer home why north carolina is so, so important but let's pivot into the arena. jeff zeleny is ready to roll. he was in there, he felt the crowd, jeff zeleny, tell me what that was like to hear it firsthand and also did i hear
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the "t" word, did i hear trump mentioned by name? i don't know if i did. >> i'm not sure i heard donald trump mentioned by name either. i don't believe so. certainly not from the first lady. but brook when you step back in what is a historic election, this is every bit as historic as the 2008 election and the election of the first african-american president, to have the current first lady with the former first lady on stage is a picture that we will remember hardless of the outcome of the election and if you think back 16 years ago at the end of secretary clinton's time as first lady, then she was first lady, never elected, she was already running for senate and you hear so many people asking what is michelle obama's future? i have talked to so many friends of hers who i have covered for a long time from chicago who say, look, she doesn't want to be on the ballot now or every so i certainly believe them and that i can their word at that but what a powerful person out here and dana was right about the
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obama coalition but there are so many young voters who were not able to vote for president obama even in 2012, talking to those opportunities on the campus of wake forest university so she is inspiring people who can essentially vote for hillary clinton but also give a vote for president obama's legacy. that is one of the reasons he is su -- she is such a powerful factor and no coincidence it's on a day that early voting starts in winston-salem so all the people here in this arena, some 11,000 of them, they're being encourage and in some ways pushed toward casting early votes. north carolina so important the f they win this. they believe it blocks donald trump's path to the white house. >> david, back to you. it's interesting. hearing the first lady throw out numbers and i have numbers, feskally they're in
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winston-salem, that's forsythe county which obama won in 2012 despite losing the state to romney by 100,000 votes which when you look at trump's -- now that the path is narrowing, the path to victory is narrowing, talk about how important north carolina is in this election. >> donald trump has no path to the presidency without north carolina so if north carolina comes in when the polls close in first wave on election night and it's towards hillary clinton we will know very early in the night, it won't be a long night. but who would have ever thought that barack obama would be the second-best speaker in the family? she is just so good and there's a generational thing. she's 52, hillary clinton is 69. when hillary clinton speaks to the audience it sounds like she's reading a script and peeking to them. when michelle obama speaks, and she had a script but when she speaks she sounds like she's speaking with an audience, there's a cadence to it, a
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chorus that hillary doesn't have and i think frankly because she's 52 she has a lingo that's cooler, that's relatable. that's important for younger voters and younger women particularly who hillary struggled with during the primary. and she helps not only having two females on the stage, not only having one being african-american but there's a generational aspect that michelle obama brings. she's just a cool politician and she talks in a way and speaks in a way that i think really relates and really is inspiring to young people and young women. >> at the white house they were referring to her speech as the closing argument which got me wondering, dana, this isn't the last time we'll see her on the stump do we know how much more they'll put out the first lady? >> my impression is as much as they think they need her. she's availing herself and she's really out there in a way as we
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have been reporting that she never has been before, especially and even when her husband was on the ballot. it's clearly something that she feels passionate about i think she's gotten pretty good feedback and knows she's pretty good at it and knows she does move numbers and move votes so my understanding is that both obamas are going to go where asked and that they see their job as, as david was saying, not just the african-american community but those millennials, millennials who love the obamas, who haven't gotten to vote and never could vote for an obama, who if they're told by the obamas a vote for hillary clinton is a vote for our legacy, that could go a long way. >> go ahead, gloria. >> my impression is that michelle obama really found her own voice in this campaign after the now infamous videotape came
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out. >> remember her speech in -- what was it new hampshire? >> exactly. exactly, when she called over to the campaign and said, hey, do you mind if i give this speech? and she then sort of stunned everybody when she spoke to women and gave the speech i think of her life about what that meant to her and what that meant to her daughters and what that should mean to women and she is very comfortable and she's at her best, i think, when she's talking about herself as a mother and talking to other members and young women so when she spoke today she also started by saying "by the way, hillary clinton happens to be a woman." and that's okay with us. and so i think that in an interesting way, yes, she comes at it because of policy, she says your votes matter and she
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personalizes it because it matters ant where you can afford to send your children to cool, how they get hair health care, et cetera. but i do think that that tape sparked something in her in this campaign and i think she's just kind of taken off and run with it and it's so personal to her. >> i remember when she got emotional when she was speaking to students in manchester and kate we talked that day, you talked about a chapter in in your book called bad blood and it wasn't always like this first lady fan girl session once upon a time so feel free to speak to that but also i know you make a point as well on how hillary clinton -- michelle obama is able to speak in a way and speak about things in a way a la what she did in manchester, new hampshire, that perhaps hillary clinton as she is the one running cannot. >> i think what's so interesting about michelle obama is it seems genuine, we know she doesn't like campaigning and she's very analytical, she's very
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methodical when she campaigns, it's always for a very specific reason so it seems genuine. she's also, like jeff said, probably not running for office herself so it makes it seem more genuine. then i thought it was interest when she said hillary is in this for us because a lot of the dynamic between the obamas and the clintons is the obamas thought of the clintons as this political dynasty that came before them. and they didn't necessarily do as much as they could have because of bill clinton's transgressions in the white house and these scandals that cropped up but obviously they're united in their shared dislike of donald trump and the stakes are high and michelle obama is making that clear that she is all in and it's fascinating to see how passionate she has been and some of her former aides are surprised to see her out there this often and passionately. >> thank you all. we have more breaking today. cnn's battleground map changing 12 states to go.
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here are the two states now leaning democrat, they're yellow, considered tossup. i'm brooke baldwin, this is cnn's special live coverage. n t. travel with my daughter. roller derby. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income... we could keep doing all the things we love. prudential. bring your challenges. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy.
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classic. cage free. and organic. only eggland's best. breaking today, we have to talk about this map here, right? the road map to 270, the battleground map. it's changing. two states that were leaning democrat are now tossups. cnn's john king breaks it all down at the magic wall. john? >>. >> take a closer look at the changes we're making to our cnn electoral map and a look at this whether this race is tightening up. here are the new changes, the big shifts. florida now a tossup state. nevada now a tossup state. in our map just yesterday, we had both leaning democratic but new polling in both states shows tied races so we've moved those races into the toss up category. what does that do? it downgrades secretary clinton.
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she's still at 272, enough electoral votes to win the presidency, but she's below 300 so, yes, this happen looks better for donald trump today than yesterday but he's still facing an extraordinarily steep hill. one, two, three, four, five, six toss up states, two of them usually ruby red republican states. the others, nevada, florida, north carolina, ohio, always the most competitive states when you get to the end in presidential politics. here's the problem for trump. even if he won all of the tossup states -- a steep hill -- it's still not enough. he would have to find something blue on this map and turn it red even as he won the tossup states. here's the complication with that. at the moment there's a third party candidate evan mcmullin who people think has a good chance to win utah. hillary clinton thinks she has a good chance to win arizona. on the map florida is tied, north carolina is a slight clinton lead, she thinks she can win both of those states and a lot of republicans on the ground agree with her and ohio is still in play.
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a tied race there but early voting could favor secretary clinton. trump has to be perfect in the final 12 days. steep hill for trump to climb. one more perspective. yes this was hillary clinton just a few days ago, we were talking about a possible blowout, a nine-point lead in the poll of polls nationally. now it's a smaller lead, no doubt about it, a six-point lead so donald trump is in better position now than he was just a few days ago but six points is remarkable. at this point in 2012, the obama/romney race was one point. in 2008 a big democratic year senator barack obama's lead over senator john mccain just about the same. so even though the race is tighter, secretary clinton remains in a commanding position. though listen to her on the trail. she's telling her supporters don't let up. >> john, thank you so much. gloria is still with us, so is david. david, put on your campaign
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strategery hat. if you are the donald trump campaign in these final 12 days, where do you put him? >> you have to put him in all the battleground states that he's going. his schedule is good. he has to be in ohio, north carolina, florida. you see that rotation but as john king said. even if he flips florida and ohio, keeps north carolina, he needs more states. iowa looks good for him, then he has to pick up nevada then flip colorado if he doesn't win new hampshire, which looks tough. so he's got -- >> i would put him in three big states then out west because if he has a chance and he's tied hillary going west he still has to flip nevada and colorado. two hard lifts for him. >> what about florida, gloria? i will be live in florida tomorrow. >> florida, florida. >> we know -- we were talking about the poll this is time yesterday, the florida poll where trump was up and so, you know, the hillary clinton campaign they said already, they now have adjusted so hillary
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clinton will be in florida on saturday, smart strategy? >> yeah. first of all i don't think donald trump has a path at all without florida and they know it and that's why he is in the state and will continue to be in the state and hillary clinton understands that as well which is why she's going to be in the state. it always seems to come down to florida, doesn't it, brooke? i was talking to republican strategists in the state last night and he pointed out to me something that is important. when we look at these polls from florida, what we have to look at is the percentage of republicans that donald trump is getting. mitt romney, who lost the state last time by 1% had 92% of republicans with him in the state of florida. right now trump is somewhere between 80% and 85% of republicans so he has to get republicans to vote for him in the state of florida, get those people to the polls, some are
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staying home, some of them are voting for hillary clinton and he's got to tell those people who may be staying home because they don't like either one of them that they have to vote for him. unless he can get that participation rate up in the state of florida, he's going to have real trouble. >> i'm also fascinated by utah and how neither major party candidate may win. that's another story. guys, thank you so much. up next, senator ted cruz suggesting he may put up a fight to keep the supreme court seat vacant for four years if hillary clinton were to win. a huge suggestion as the fate of the highest court in the land hangs in the balance.
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robert kearney: i fought for my country in kosovo and iraq, and i've been a republican all my life. but i'm the father of three girls. i can't stand hearing donald trump call women pigs, dogs, and bimbos...and i sure don't want my daughters hearing it. i want my girls to grow up proud and strong, in a nation where they're valued and respected. donald trump's america is not the country i fought for. so, i'm voting for hillary clinton. hillary clinton: i'm hillary clinton and i approve this message. you tell your inthey made a mistake. the check they sent isn't enough to replace your totaled new car. the guy says they didn't make the mistake. you made the mistake. i beg your pardon? he says, you should have chosen full-car replacement. excuse me? let me be frank, he says. you picked the wrong insurance plan. no. i picked the wrong insurance company. with liberty mutual new car replacement™,
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let's talk about the supreme court now, the open supreme court seat left by the late justice antonin scalia has been the deciding factor for a number of voters this election. during the final debate, hillary clinton called on the senate to confirm president obama's nominee, judge merrick garland, but she did not specifically say if she were to win the white house whether or not she, too, would agree and that she would renominate judge garland. now, you have texas senator ted cruz who is raising the possibility that he might not confirm any clinton nominee. this is what he told the "washington post," i'm quoting the texas senator. "i think there will be plenty of time for debate on that issue, there is certainly long historical precedent for a supreme court with fewer justices, that is a debate that we are going to have." so let's chat about that with jeffrey toobin, our cnn senior legal analyst and supreme court biographer and cnn legal analyst
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joan biskupic. great to have you on. first i defer to you who's written books on the supreme court. i mean, first of all, is this even -- do you think senator cruz's threat, should it be taken seriously? he says the constitution says that there is no language, you don't have to make me have any sort of nomination hearing and that's correct. >> absolutely. and i think it should be taken very seriously. >> you do? >> look, no one thought -- very few people thought -- that mitch mckonconnell would come out wit one hour of justice scalia's death saying no hearings, no vote. this is a life or death matter for a lot of republicans. this seat on the supreme court. it would be the first time there would be five liberals since the nixon administration and if they have majority in the senate, i think there is a realistic possibility they will try to keep this court at eight at least until the midterm
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elections and that's -- you know, the only check on that is political. there's no way they can be forced to have hearings, no way they can be forced to have a vote, it's all just political pressure or the absence of it. >> let me add to that, to this news with regard to what senator cruz said. then you have republican senator who's been very critical of donald trump, arizona republican jeff flake who does not agree with the threat and he said this "this is a difference between what can be constitutional and what you might do politically. leaving a vacancy for up to four years is not why we are here." i'm paraphrasing, joan, it's why they're members of congress. it's their job, no? >> right and in the past when the seat has remained vacant it was because the senators actually acted on someone and rejected them. this is unprecedented in the fact that the senate hasn't acted at all. think back to '87/'88 when louis powell stepped down and president reagan nominated
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robert bourque. the senate rejected robert bourque, but at least they acted on him and that seat was open, let's say, for about 200 days. then if we go back further in '69 and '70 it was actually a whole year that a seat remained open after abe fordice stepped down but, again, the senate was acting on people, rejeblgting th -- rejecting them but acting and i think it's amazing that the political pressure allowed -- there was not enough i think, once we get into 2017, things might change that way. and face it, this is a court that was designed to have nine seats. nine people. we might even see, you know, some of the justices themselves speaking out more about institutional concerns of leaving it open. >> you know, the one thing about supreme court is that those of us who follow it carefully always think, oh, this will be
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the year there will be a lot of political pressure, that voters will care about the supreme court. it never is. and mitch mcconnell and republicans, as far as i can tell, have played very little political price for delaying the merrick garland nomination. i don't know if that would be different in 2017. it may be a good thing, it may be a bad thing. but voters do not seem highly motivated by the supreme court. >> they should be. we've done entire segments on the supreme court this election. >> they should be because we talk about it. exactly! >> it matters. jeff, let me stay with you, though. on merrick garland, the president nominated him seven months ago. you have amy klobuchar, a good friend of the clintons, a minnesota dem, told bloomberg she was unsure if hillary clinton, if she were to win, if she would renominate judge garland. >> i interviewed a bunch of senators on this question for a new yorker story recently.
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they were unanimous that hillary clinton should renominate merrick garland because he should get confirmed. he is moderate. he is 64 years old. republicans will say we'll put up a fight but ultimately we'll let him through because the alternatives would be more liberal and younger. >> a lot of republicans are worried, if hillary clinton were to be elected, she would come in and say, oh, it's my turn to replace the scalia seat with someone very liberal. >> exactly. so the political dynamic is, do these democratic senators saying, look, let's get merrick garland through. you'll have more vacancies to fill. ruth ginsberg is 83. kennedy is 80. do this now and have a big fight later. >> how much of this, joan -- we can't crawl into president obama's mind but he is the one who nominated judge garland. how much do you think he would care once he is out of the west wing whether or not if it were to be hillary clinton in the white house, whether or not she,
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you know, takes his choice? >> i think he would care. i think he would get that she is going to have a lot of pressure from the left flank to go with someone who would be more liberal at this point. he nominated this man. he has been twisting in the wind for these seven months. i think that he would like to see a new president clinton, if she wins, pick him up. i actually think that she might have an incentive, given what else will be on her plate. does she want to spend a lot of political capital right in the beginning on a nomination when she will likely get more. i talked to ruth bader ginsburg about this, and i said, would you send a little signal that you would be going soon just to help your pal merrick garland. they are old friends. she said, i don't have to send a signal. a president clinton would know what's about to happen just because of the ages that jeff just mentioned. >> how many signals do you have to send when you're 83 years old? >> right. exactly right.
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that's the thing, you know. just think. she will be -- she'll be 84 in march. >> wow! >> anthony kennedy. they're all getting up there. and i think that, especially -- frankly, i don't think it's just democrats who would think about retiring during a hillary clinton presidency. i wouldn't be surprised if the republicans -- if the senate stayed republican and hillary clinton won, that even anthony kennedy who might be tiring of things, would think that he could step down then because there would be a check on who a president clinton would nominate if we had a republican senate. >> all right. i love that you brought up the notorious rbg. happy birththy day to her. happy 84. coming up next justin timberlake speaking out for the first time since the d.a. in his hometown said he would not press charges against the singer for what he did in the voting booth. [ male announcer ] eligible for medicare?
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here is an election tip for you straight from justin timberlake. don't snap a selfie in the voting booth, people. justin timberlake posted this selfie of him about to cast a ballot. popped it on instagram along with a call to his fans to get out and vote. but then, you know, all chaos erupted because tennessee law makes it illegal to take photos or video inside polling stations. >> get out and vote. you know. but -- [ applause ] >> damn straight. don't -- don't take a picture of yourself in the -- [ applause ] >> i had no idea. >> i had no idea either. i think we all learned a little something.
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>> i was like, this is going to be great. inspire people to vote! >> everyone was like -- >> wah, wah, wah. >> his selfie could have landed him in jail for 30 days. but the local district attorney says her office will not waste time nor resources investigating justin timberlake. we, at the top of the last hour, were watching two different live events, right? we saw the historic pairing on the same stage in north carolina between the first lady and a former first lady who would like to be president, hillary clinton and first lady michelle obama. before that we were listening in to donald trump speaking in the critical battleground state of ohio. here he was. >> when we win on november 8th -- we don't want to take it for granted, but we are winning in a lot of states, i have to say. the media now, they're going wild. the media is going wild, because they're