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tv   Americas Newsroom With Bill Hemmer and Martha Mac Callum  FOX News  February 15, 2016 6:00am-7:16am PST

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the floor. they go on and on and on. >> and donna says, we've got a lot of them. i love my furniture feet. as soon on tv they work perfectly. i have them on all my chairs. wrong to say don't buy because they are a fight tight. >> after the show show george washington on. bill: morning, everybody, the battle that could shape the supreme court for decades to come and promises to throw the election into overdrive. antonin scalia making his final journey home and the fight to find a successor begins. i'm bill hemmer. welcome to america's newsroom. i'm bill hemmer. heather: i'm heather childers in for martha maccallum. president obama vows to nominate and justice saying it's his constitutional responsibility. >> does that mean you are going
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to filibuster anyone that president obama nominates? >> absolutely. this should be a decision for the people, george. we have an election. >> i think we should wait until after november. the president can nominate whoever he wants but the senate is not going to act. we are not moving forward on it, period. >> it's up to mitch mcconnell and everyone else to stop it. it's called delay, delay, delay. >> we'll have an election very soon and the people will understand what's at stake in that election. bill: epic battle. republicans showed their hands on saturday. senator mcconnell says they will not make a move. why does that matter?
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>> the republicans could have done this a different way. they could have said we look forward to working with the president on this issue and somehow the nomination never got confirmed. we have a huge constitutional conflict, an epic battle taking place in the middle of a presidential campaign. the president has a constitutional authority to nominate a justice but the senate has the constitutional authority to stop the nomination. but can they do that for another 341 days that he's president. >> if you know, there is one guarantee -- one way to guarantee that the judges appointed to the supreme court are judges that reflect our
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values, and that's to win elections. >> barack obama is president of the united states until january 20, 2017. that is a fact, my friends, whether the republicans like it or not. bill: there will be a battle for public opinion. how much does that matter now? what sort of sway do you finds in an election year? >> it's huge. senator barack obama held sam iewm alito to a 60-vote standard. he tried to filibuster to keep it from having a final vote. but public opinion is absolutely huge. it will in the context of a campaign. the president will put forward a nominee, i'm sure nominees are
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qualified. september 16, 2016, day 138 of republican obstruction of the real court nominee. there will be a lot of heat on republicans if they try to drag their feet on this all the way through january 2017. bill: conventional wisdom is leading you in the following direction, obstruction on the part of republicans there drive up democratic turnout. but i also remember from 2012 when mitt romney lost. and the reports were 4 million evangelicals stayed home. who's to argue who would turn out in greater numbers, democrats or evangelicals. or do they balance each other out. >> great question. the supreme court is an issue in general aside from the whole
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scalia death. it drives liberal voters. obamacare, abortion, gay marriage. some of the issues that evoke the most passionate feeling. if you talk to the most conservative republicans, we say we have got to keep the court in conservative hands and the opposite is true on the democratic side. my guess is it will drive turnout on both sides. if a democrat wins the white house, even if there is a republican senate, republicans cannot hold up against that. this is the whole ballgame as far as the supreme court's direction is concerned. >> in an election year do you find appeals process comes to an almost pleat stop? is that a fact? >> it is a fact. i covered a lot of confirmation battles for the circuit courts
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of appeal and the final word in a lot of legal matters. just as a practice in the senate, usually when we are one year out from a presidential election those confirmations slow down dr. mat tickally as both sides wait. in 2007 and 2008 we had democrats in the senate saying president bush can forget about more mom fleece. forget -- about more nominees. it's general practice for the senate to slow down in a presidential year to wait and see what happens. >> there are a host of cases pending before the court that justice scalia will no longer be able to weigh in on. the court is set to weigh in on
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a case on how far a state can regulate the abortion procedure. and the most high-profile case, the president's use of executive across on immigration. the justices will consider whether the president exceeded his executive powers by his executive action on immigration and whether private organizations are required to provide contraception for employees under the affordable care act. the president says he will offer up a nominee in due course. we are hearing a number of names who could be considered for the high court. who is on that short list? >> great question. is there a short list? the tech calculation answer is
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no. make no mistake about it, they have names they would like to consider. he already successfully nominated two people to the high court. justices sotomayor and ka kagan. this is judge patricia millet. she is considered to be centrist and has an impeccable background. this is the odds on favorite who will likely rise 0 the level that could earn a nomination from this white house. he clerked under several conservative judges and that might help him in that process. one more name, how about the attorney general, loretta lynch? she already survived a bruising
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process to become the attorney general that would seem to make her fairly well prepared to go through this nomination process. one more name i want to share with you is judge jane kelly. she is from the hawkeye state of iowa and it might make it difficult for chuck grassley on the senate judiciary committee to sort of stall that nomination. bill: we'll have more on the death of justice scalia and the battle between democrats and republicans on his replacement. is there precedence here or are wheat in uncharted territory. the battle for south carolina. a raucous debate saturday night. jeb bush bringing out the big guns. his brother and former president
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george w. set to join him on the cap pain trail. he was once again forced to defend his family against attacks from donald trump. >> i'm sick and tired of him going after my family. my dad is the greatest man alive in my mind. while donald trump was building a reality tv show, my broth brother was building a security apparatus to keep us safe. >> the world trade center came down. you remember that. >> he has the gall to go after my mother. >> i won the lottery when i was born and looked up and saw my mom. this is about the south carolina families that need someone to be a commander-in-chief that can lead.
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bill: donald trump tweeted, didn't want help from his family in his failed campaign and didn't even want to use his last name. then mommy, now brother. donald trump holds a rally at 7:00 p.m. eastern time. he's in the up country, greenville, south carolina. watch the dueling campaigns. that was something to witness saturday night. fireworks. bill: 11 minute past the hour. heather: senator cruz and marco rubio not sending each other valentines. >> ted cruz supported legalizing people in this country. >> that's not true. that's knowingly false. heather: marco rubio doubling down saying ted cruz is simply lying.
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a former 2016 candidate weighs in. plus this ... bill: fighting in syria intensifies days before this proposed truce was set to go in effect. russian trooped. who are they targeting. heather: more on the fight over the empty seat on the supreme court. should the president nominate his third pick? a move that can shape our laws for decades to go. >> the historic precedence is in the last year of the presidential term there is a bias towards the next president with the votes of the american people picking our president. on the floor! everybody down! nobody move! on the floor!
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he decided to save money by switching his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud. geico motorcycle, great rates for great rides. heather: russia launching a series of airstrikes in syria. some caught on camera from the ground. you can see the impact from the explosion shaking the camera there. the smoke rising from the ground, then another attack, this one caught from a distance. huge clouds of smoke rising from the buildings after the blast. bill: marco rubio accusing ted
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cruz of misleading campaign tactics. >> i like ted, but in this campaign in the past few weeks he has developed a disturbing pattern for saying things that aren't true. he had an ad pulled off the air because he lied about sanctuary cities. he lied about my background. we saw what he did to ben carson. now louisiana governor bobby jindal also endorsed our governor. welcome back to our program. i want to comment on the following exchange between marco rubio and ted cruz saturday. >> marco went on univision in spanish and said he would not rescind barack obama's illegal
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amnesty on his first day in office. >> i don't know how he knows what i said on univision, he does's speak spanish. >> ted cruz has just been telling lies. bill: governor, what's that all about. >> i don't speak spanish. i have no idea what senator cruz was saying in spanish. i criticized senator cruz for lying about senator rubio's record. specifically senator cruz criticized senator rubio's commitment to the pro-life cause and defunding planned parenthood. senator rubio is 100% pro-life. that's a personal conviction. in the previous debate he said he had a powerful moment where he said he would rather lose the election than be wrong on this
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issue, defending himself from folks who say he's too pro-life. the liberals are coming after him for being pro-life, you expect that from democrats, you don't expect it from his fellow republicans. things changed this weekend over the death of justice is cal. this is an important election. we have to elect a conservative. bill: i don't think democrats will disagree about how the death of justice scaly today changed this election. back to the debate saturday night. what do you think the back and forth did to the republican party and the gop brand in 2016. >> a lot of the republican he
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leets and ringing -- elites ring their hands. i think we should all come together and support our nominee. i think our nominee will be marco rubio. it used to be split 5-4. now that it's deadlocked 4-4 we need the president to appoint a judge who will actually read the constitution. we have a lot of issues coming before the court. there are a lot of south carolinians who think of voting for donald trump as a protest vote. donald trump will have a hard time winning in november. marco rubio would appoint somebody just like scalia who would read the constitution. bill: rubio was stumbling out of new hampshire, and many accounts say he won the debate saturday night.
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was that a must-win for him after the previous debate and the finish in new hampshire to get mojo back quickly? >> i think he did well in the debate. but i don't think there is one debate that will win or lose this election. his campaigns built for the long run and he's a print conservative and that's why i think he will win the election. heather: more on the fight to replace justice scalia. when was the last time a court seat went vacant for almost a year? we'll tell you. bill: a scary moment from some skiers. a dramatic rescue even before they got to the slopes. that's a mess. when heartburn hits
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bill: 50 people stuck on a tram, two central cars at cannon mountain in new hampshire. victims were trapped for two hours before they had to be rapelled down. mountain officials say a service brake issue caused the tram to stop. heather: poach francis make thed rounds -- pope francis make his rounds in mexico hoping to add to the faithful. william lajeunesse is live with more. reporter: this morning one hour he will say mass.
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sunday his services were held in a drug and crime-ridden part of the city. he says he sees opportunity. saying there is no need to quote emigrate in order to dream or be ex floitd order to work. he told them to stand up to the cartels and corruption. he says with the devil there is no dialogue. guests included the president and his wife. about half of mexico's citizens, 60 million, live in poverty. heather: the pope plans to visit the the -- the impoverished.
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reporter: all this week he will take up the issues of poverty, corruption, exploitation, corruption. he has criticized the political elite and his own church for being seduced to the trappings of wealth. his journey is meant to represent the perilous journey many migrants take to reach the united states. bill: a lot of news breaking over the weekend. there was another headline. the latest batch from hillary clinton's private server. details in a moment on what we are learning there. heather: an epic battle over rate can i -- over the vacancy
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bill: markets are closed. we'll leave that for another day. then there is this, a showdown over the supreme court after the sudden and shocking death of justice antonin scalia. it's become a major topic already on the campaign trail. >> the people of south carolina focused on the gravity of this election with justice school --e
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scalia's passing. >> barack obama is president until january 27, 2017. that's a fact, my friends, whether the republicans like the or not. >> people are indirectly pick the next judge of the supreme court. >> the president make its appointment, the senate confirms. the constitution is clear. let's get on with that business. bill: rich, good morning to you. can republicans effectively block an obama nominee to replace justice scalia until after the election? >> republicans say the timing of this allows them to do so. they say they have already had
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voting and they say it should be up to the next president to choose the justice. normally this would go through the senate nominating committee. the chairman much that committee chuck grassley said we need to defer to the american people to elect the next president. orrin hatch says there is a seemingly uniform opposition to considering president obama's nominee this year. >> right in the middle of a presidential campaign. somebody is going to win that, and the person who wins that will have the right to replace justice scalia, democrat or republican. i think it's pushing it to believe they should be doing it this year. bill: what options do democrats have?
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reporter: democrats say they will play this politically until the next election. the senate minority leader harry reid said it would be unprecedented for the supreme court to go a year with a vacant seat. democrats say this is a fight they look forward to having. heather: let's bring in our panel. katie pavlich is the news editor of townhall.com. and katie should republicans block it. >> it's president obama's duty to put someone up for nomination.
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but it's also the duty of the senate to block the nomination. to for the democrats to pretend that they would be cooperative fact the same fashion saying they are going to block a nominee is laughable. and it's amazing harry reid after years obstructionism in the senate, not bringing hardly anything to the floor for a vote is now demanding that not only president obama nominate someone, but they be confirmed. it's the job of the senate to consider nomination, and if the nominee is appropriate, the senate will confirm. they have no obligation to confirm. >> i mostly agree with katie. republicans are celebrating president's day by telling the
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president not to do his job. the reality is the hypocrisy of the republicans is what every voter in this country so far in iowa and new hampshire hate about republicans in washington. they say they wanted to fight, but they are running away from a fight. they say they are constitutionalists but they are ignoring the constitution. scalia never ran from a fight. he wanted kagan to be appointed to the supreme court. ginsburg was his best friend on the court. if they want to understand what's going on in the country, they need to look at how republicans have reacted. heather: you could argue they feel the same way about democrat
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and their support for bernie sanders. something you disagree on, that wok something during the senate recess. >> i think president obama should note nominate someone during a recess appointment. i think it very important to revisit what mitch mccon said. people are accusing him of saying president obama shouldn't nominate anyone. amount in not what he said. he said president obama should nominate someone and he says the senate has the obligation to block that person until a new president is elected. whether republican or democrat, the supreme court is a lifetime position. so whoever gets that person confirmed, this is a very serious situation. there is a lot at stake considering we are talking about the balance of the supreme court
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5-4 mostly in favor of conservatives. if president obama's nominee gets confirmed there is the shift. heather: at the mid-terms some could argue voters expressed their opinion there when democrats were knocked out across the board, republicans won. >> i think voters as say, do your job. in this case the senate won't be doing their job if they don't hold hearings. mitch mcconnell when he became majority leader said we are open for business. the republicans have a majority in the senate. a couple of justices, if there is a republican president next year, what are you afraid of, losing a senate majority. you just took four your republicans for a tough fight in
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swing state. walked the plank and said let's not have a vote on this, let's not have a nomination. when you are a hypocrite voters see that. do your job, hold the vote, i don't understand. >> it's not the job or the obligation of the senate to hold a vote. they can hold a vote this year or delay a vote which means the next president either republican or democrat will choose who sits on the court. >> thank you for joining us. appreciate. have a great day. bill: another showdown looming and there will be drama. what does history tell us about elect-year appointments. a closer look in a moment. heather: drug busts take on a
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when it's go, go to choicehotels.com. the site with the right room, rewards and savings up to 20% when you book direct. book now at choicehotels.com heather: the phrase drug bust getting a new meaning. police in australia seizing $900 million in liquid meth in bra inserts. it's the biggest drug bust down under to date. >> it's 300 million hits of meth with a street value of $3.6 billion. this is the result of organized criminals targeting the lucrative australian market from
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offshore. heather: there was a smaller sampling coming in from hong kong. bill: marco rubio calling on senate leaders to hold the line. >> in the last few months of the president's term we should not be appointing supreme court justices. the president can nominate over wants, but the senate shouldn't move forward on it until after the election. what is president obama's calculus on this? >> so i mean there are lots of things in play here. the president hearing what the senate has already said is likely to conclude that this is
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a political -- he can create a political bloodbath. so he's probably going to choose someone sympathetic to the public, and he probably knows that person is unlikely to get confirmed. so what the calculus is where do i get the biggest bang for my buck in november. bill: the conventional wisdom is he chooses someone who already sailed through the senate. >> i don't know. that's the conventional wisdom. but this is a president who likes to play to interest groups. he may decide to go with someone else who solidifies a particular voting bloc november. bill: mitch mcconnell was quick on the trigger saturday. why? >> because it's important to put
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down a marker here that this is an extraordinarily important seat. the reason it's an extraordinarily important seat. the court has taken an extraordinarily outsized role in american life. this court is supposed to decide cases in controversies. bill: isn't it ironic that justice scalia was one to say publicly, i wish it were different and the court had not found itself in this position in american political culture. i want to take you back to 2007. here is chuck schumer. i think it was 18 months before the election, december of 2007. this is what he said about appointments then in an election year. >> we should not confirm any
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bush nominee to the supreme court except in extraordinary circumstances. they must prove -- they must prove by actions, not words, they are in the main supreme rather than we have to prove that they are not. bill: i imagine if you played that for chuck human were what he would go back to us that phrase except in extraordinary circumstances. this would be by all measures rather extraordinary. how would you address that? >> i don't know what's extraordinary about this. this is a vacancy that happens frequently, and -- but the difference here is it's happening when we are on the precipice of deciding a presidency. i remember that chuck schumer quote at the time. three months earlier i was in a
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meeting with president bush if we were ready if there was another vacancy. i remember thinking to myself at the time, that's wishful thinking, the democrats won't allow to us move even then. we had judges in the system for over two years. my friend peter keisler who was an extraordinary public servant and great judicious nominee sat without a vote for 2 1/2 years to the d.c. circuit. bill: that's significant. you will hear a lot about what reagan did with kennedy after nominating him in november of 1987, confirmed in february of 1988. the con effect of that nomination and appoint and approval through congress is reagan had just been turned down on two of his nominations.
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he had robert bourke which was nasty stuff, then you had douglas ginsburg. only then did kennedy in his nomination ceremony, asked how do you feel about being the third choice, and he said i'm okay with it. within that context how would you address this debate that will happen back and forth. >> the kennedy precedence is just what you have say. the vacancy came up in june of 2006. there was a bloodbath of a nomination of probably the most qualified judicial nominee in our history in judge bourke. that process more than anything has set the stage for the last 30 years. we can talk about what happened in 1880.
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but what happened in 1987 is when the dems decided this nomination process was an exercise in ra it's what chuck schumer said in his speech in 2007. we are going to shut down this process. and so as a result, there is a sense of the chickens coming home to roost here. but the reality is, that's exactly what the founders had in mind. the president nomination and the senate consents. that's a political process. bill: 28 years later. >> it will have consequences at polls in november and that's the design. bill: i'm out of time. thank you for your time. orrin hatch was there. he will be our guest in 30 minutes. heather: while you were enjoying your weekend there will be was
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another huge seem dump in the hillary clinton email investigation. bill: picking up a massive diamond. his phony trump university? accused of fraud. he tried to seize private property to line his own pockets. four bankruptcies... and small businesses screwed over. poll after poll shows him losing... to hillary clinton. if trump wins, conservatives lose. right to rise usa is responsible for the content of this message.
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public will be posted by the state department by february 29. these are among the most complex because they have intelligence from multiple agencies and each agency must weigh in on the classification. several documents and discussions of the fallout on the raid on usama bin laden's raid in pakistan. they will not be declassified until 25 years after they were sent which means the contents about juror kerry's trip to pakistan after bin laden was killed. you will see they were classified at the time they hit mrs. clinton's server. this type of information should never have been outside government channels. >> the investigation has shown us there were a number of documents transmitted in a
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classified manner that were clearly classified. this retroactive classification is a red herring. it shows the level of interest the united states has in that region and the collection capability. reporter: a handful of the emails were about the compound and back-channel communications. they are retroactively classified. bill: saturday night, fireworks erupting in south carolina. donald trump ripping into jeb bush, including his brother's legacy, the war in iraq. he says republicans have to admit iraq was a mistake. the battle over replacing justice scalia.
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>> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. . . . .
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because no one kills germs better than clorox. bill: 10:00 here in new york city. good morning, everybody. sudden death of supreme court justice antonin scalia sending an already intense election in overdrive. hope you had a great weekend and stayed warm on a monday. bill hemmer, welcome to "america's newsroom." martha has time with the family. heather: good for her. hope someplace warm because it is cold outside. i'm heather childers in for martha. the battle lines are drawn for the high-stakes battle. democrats insisting swift replacement by president obama, republicans say it makes more sense to wait for the next president to name a candidate to take scalia's place. candidates wasting no time.
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>> someone on the stage will get to choose the balance of the supreme court by filling this vacancy. we need people to understand that the constitution is not living breathing document. to be term as originally meant. >> the simple fact the president needs to appointment someone to conservative judicial record, some one like justice scalia, lover of liberty, consistently performed that kind of philosophy and didn't legislate the bench. >> we're one just u justice away from the supreme court that would undermine the religious liberty of millions of americans. the stakes of this election for this year, for the senate, the senate needs to stand strong say we're not giving up the u.s. supreme court for a generation by allowing barack obama to make one more liberal appointee. bill: throughout scout carl line they're getting these questions. talking about it all the time. team fox coverage. carl cameron on the trail with george w. bush joining the fray today. stephen hayes, how the death of scalia amps up the race.
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both men on standby. heather: so it goes on. we begin with chief political correspondent carl cameron live in mount pleasant, south carolina. one of my favorite places, carl. the candidates are back on the trail after this weekend's favorite debate. what is going on today? reporter: a lot of positioning. donald trump has full campaign day. he announced he will have a news conference this afternoon at 2:00 which indicates he has not just something to say but he wants a lot of attention. not knew for donald trump but it is new in south carolina. it comes on the same day that jeb bush will have his brother, former president george w. bush on campaign trail this evening. trump has come under some criticism here in south carolina for having said that president george w. bush lied about weapons of mass destruction in the iraq war. and he would have, he, donald trump, would supported impeachment of the former president. george w. bush remains fairly popular among republicans here in south carolina. so that kind of criticism could cost donald trump.
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you can bet jeb bush would very much like to make at that point. both of them have been sparring back and forth. while trump doesn't have an event for a little while he is already tweeting jeb had to bring his mom in new hampshire and his brother out in south carolina as though that is a booed thing. in south carolina that may not be. jeb is getting fair amount attention in advance of that for exactly that reason. heather? heather: what did we do in a campaign before tweeting. what about senators cruds and rubio, carl? >> we through facts out before tweeting and internet campaigning before the internet they're doing. ted cruz finds himself in a squeeze. he is running second to donald trump here in south carolina but still in a big, big battle with marco rubio and he too is still talking what happened in the debate the other night. it was just a festival of attacks and criticisms and calling one another liars. here is how cruz phrases and frames both what trump and rubio
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are doing? >> amazing thing that both marco rubio, donald trump, whenever anyone points to their actual record they have this strange practice of just screaming liar. reporter: cruz this morning suggested donald trump's numbers are coming down, attempt to suppress some of his support this state. as for marco rubio he recognizes that the performance in new hampshire was a disappointment and south carolina will be a battlefield. it is worth remembering that back in 2000 when george w. bush won the south carolina primary it was considered at that time a particularly nasty race for stuff underhanded and under windshield wiper flyers and allegations between himself and john mccain. we're approaching that level of hostility. we still have five days left. heather if. heather: you think. carl cameron, live for us. thank you, carl. bill: justice scalia live in life. the effect of his death is playing an enormous role today. steve hayes, "weekly standard," fox news contributor. good morning to you.
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>> morning, bill. bill: do point by point here today. you say the president if smart will appoint someone who will make republican obstruction politically painful. what does that mean, steve? >> well i think actually republican candidates when they argue that the president shouldn't nominate somebody are wrong. i think president has every right to nominate somebody. the constitution permitses it. it is certainly his role. made clear in the statement on saturday night he intends to do so. if he wants to put republicans in a pinch. make this position republicans staked out they're not holding hearing and nominee, nominee, somebody replace that. moderate, former senate colleague on republican side. media would say republicans are being awfully obstruction it in their approach for the president. bill: that logic seems to suggest you drive out, or drive
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up democratic turnout. there is a lot of reporting of that over the weekend. i remember in 2012 made last hour, everyone said four million evangelicals stayed home. that is why mitt romney did not beat barack obama. you can make the same argument on the right as well. nomination fight will drive turnout as well for republicans. how do you measure that? and in effect do they cancel one another out? >> i think it will drive turnout for republicans. look, republicans, senate republicans had no choice but to take the position they have taken. they are certainly well within their rights constitutionally and historically to take the position. listening to your conversation earlier with shannon cauthen he is exactly right. james madison and framers considered possibility of leaving nominating to process to the president alone and decided against that. decided to leave the final veto, sort of a legislative veto in the hands of the senate so that
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the senate could do exactly what senate republicans are signaling they're prepared to do now. will this, i think, sort of create a turnout advantage for republicans? it could. the supreme court has been in the background of these campaigns now for several months. last weekend in new hampshire i was with ted cruz in peter borrow, new hampshire, he made argument, one justice away from all the sorts of problems for from point of view of conservatives. this thrusts those arguments to the forefront. it is the case that supreme court vacancy will be one of the most contentious and significant parts of the presidential campaign between now and november. bill: every election cycle we argue and debate this, the supreme court. and now -- >> right. bill: it is clear and right there and it is plain to see. now to the republican campaign. who perhaps has an edge or not. here is trump on saturday night after the debate here.
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watch. >> just so you understand, if you look at ted, he put robert -- i mean he put john roberts on the supreme court. i is the one that pushed for john roberts. john robert has been a disaster. john roberts had two chances to knock out obamacare around he didn't do it. bill: two points on this. repeatedly at every stop, every rally he has, obamacare is out. ted cruz meanwhile actually sits on judiciary committee in the senate. cruz has said that he will filibuster any nomination. how do you see this going, steve? >> trump has also said he is in favor of universal coverage. he said at one point he is in favor of single-payer. hard to know what trump is saying from one die to the next. just in that sound bite you played that is pretty significant exaggeration. donald trump saying that ted cruz is responsible for john roberts being on the court. what happened was george w. bush nominated john roberts to be on the court. ted cruz wrote about roberts and
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endorsed his candidacy to be on the court. quite a suggest to suggest he is responsible for it. this probably works to the advantage of ted cruz and marco rubio both lawyers by training. cruz was of course a supreme court clerk for former chief justice william rehnquist. knows this area quite well. as i said has been making arguments on the stump a long time. marco rubio has been doing the same thing. rubio just this past weekend raised a prospect of a supreme court vacancy and talked at some length what kind of justice he would want to fill that and has cited repeatedly consistently going back months, his model justice would be antonin scalia. so you have the two republicans both trained in the law who have been making these arguments a long time. it hurts donald trump to the extent this is viewed as more serious election. we said this before. it hasn't hurt donald trump. maybe it doesn't hurt him again but i think when you get to sort of the serious discussions about history of the constitutional
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republic and all that means, trump is likely to be one who doesn't quite measure up. bill: thank you, steve. >> thanks, bill. bill: stephen hayes analysis there in washington. ten minutes past. heather: and, what is the next thing to happen in the battle to replace justice scalia if the president nominates someone. it will be up to the senate judiciary committee to either confirm or delay. we will talk to a ranging member on that committee -- ranking. bill: former president george w. bush, 43, will hit the trail tonight with his brother in south carolina. this as the iraq war becomes a flashpoint in this debate. john sununu with more on this exchange from saturday night's debate. >> had the gal to go after my mother. i won the lottery born 63 ago, my mom is strongest woman i know. >> she should be running. >> this is not about your family or my family. this is for south carolina
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families that need someone who can lead. i'm that person. [bassist] two late nights in tucson.
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♪ >> i am sick and tired of him going after my family. my dad is the greatest man alive in my mind. [cheers and applause] while, while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. and i'm proud of what he did. [cheers and applause] >> world trade center came down
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during your brother's rein. remember that. [booing] >> hold on. >> world trade center came down because bill clinton didn't kill osama bin laden when he had the chance to kill him. [cheers and applause] bill: that was quite a battle. donald trump, jeb bush, marco rubio boiling over at the debate. who was to blame over 9/11. wow. jeb bush defending his older brother, president george w. bush, who will be on the trail later tonight in south carolina. former new hampshire governor john sununu. former white house chief of staff the president george h.w. bush, author of the book, the quiet man. >> happy monday. bill: thanks to you as will. happy monday. what do you think that, that debate did on saturday night to the republican party? did it advance the cause or set it back? i mean you're watching it. what do you think? >> it is starting to put some seriousness back into the campaign.
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look, i think donald trump really demonstrated that he ought to be in the democratic primary rather than the republican primary. secondly, his issue of temperment and problem he has in temperment is demonstrating that he should not be the guy in the oval office. i think the candidates ought to emphasize both of those things. trump was to the left of sanders and clinton on a lot of issues inyou concluding sounding more like codepink and accusing george w. bush of being responsible for 9/11, and trying to give the world the feeling that george bush was the devil in a state where george bush has a lot of standing. trump's support of planned parenthood. was only one on the stage that supported planned parenthood. bush and rubio ripped the scab off. bill: bush's father won in the state in 88.

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