tv The Real Story With Gretchen Carlson FOX News February 15, 2016 11:00am-12:01pm PST
good wishes. wonderful. >> so sweet. >> great advice. >> a long way to go to catch up with that. >> good for them. congratulations. >> thanks, everyone, sgroirnijo today. have a good day. >> and "the real story" starts with gretchen carlson right now. the death of supreme court justice antonin scalia sending shock waves through the judicial and political world. happy monday, everyone. i'm gretchen carlson. this is "the real story." friends and family morning the loss of a legal giant. and the bathts lotle looming ov will replace him. the republicans are saying the choice should be up to the next president. >> it is such a, such a very, very tough political year that i think almost anybody with brains would say, this is probably not the time to pick the next supreme court justice, because
there is too much in-fighting between both sides. >> and live in washington today, how ugly could the fight get? >> at this point, gretchen, you can see, both sides are digging in with the president vowing to name a replacement soon and senator mcconnell saying left up to the new president the people elect later in the year. and responding, senator elizabeth warren said this -- "senator mcconnell is right that the american people should have a voice in the selection of the next supreme court justice." in fact, they did when president obama won the 2012 election by 5 million votes. and senators including those on the campaign trail say they will stand firm. >> irrespective of what president obama does we're not moving forward for a nominee until after the next election. the next president should nominate and i believe i'll be the next president and look for
someone as much as scalia as possible. >> gretchen, an epic showdown on capitol hill. >> no doubt. meantime, the supreme court has to continue its business. how's that going to work out? >> this court is led by a chief justice, john roberts, committed to keeping it running at all times. we got nearly three feet of snow a few weeks ago, literally the only government entity that never closed down. he really likes to keep things moving. i expect they're going to forge ahead with their caseload including with abortion, and the president's use of executive power. any supreme court decision that ends in a tie vote leaves the lower court's ruling in place, however, it is possible that the chief justice could hold over some of the close cases until the court actually has nine justices sitting on the bench again. we'll wait for his lead. gretchen? >> shannon breen, thank you. critical cases coming up on the calendar. without justice scalia on the bench, they could end up gridlocked in a 4-4 tie.
edward waylon, president of the ethics policy law center and's great to have you on "the real story." i'm sorry for your loss because you knew the justice well. shannon touched on this. if it's 4-4 and goes back to the appeals court decision, will we see a lot of these crucial cases decided that way? >> look, in the grand scheme of things it's a trivial matter whether the court has eight justices for a little while. senator schumer, a democratic strategist recognized this back in the middle of 2007 when he said he would block all of -- any supreme court nomination by president bush for the remaining year and a half of president bush's term. absent extraordinary circumstances. so, look, we need to keep our eye on the big picture that we need a replacement for justice scalia, who is is a good justice, not another liberal activist who will do so much to
destroy first amendment, second amendment and property rights. >> okay. i want to go back to some of the cases, though, coming up. the union case. that has to do with whether or not people have to pay dues into the union if they don't agree with the political backings, et appeals court and were coming to the supreme court. if this was deadlocked and 4-4 it would go back to the ruling of the supreme court. abortion, another hit on obama care. what would happen? >> you're right. an equal vote 4-4 leaves in place the decision below but doesn't establish a precedent. the court can decide to hold over the cases until later. my point in the grand scheme of things a relatively minor matter. >> move on to what the president should or should not do, what he can or cannot do and what the senate and congress can do to
essentially try and stop him. he says it's within his constitutional right, which it is, to move forward with this process. is it also within the senate's right to say, no can do? >> absolutely. that's exactly the constitutional structure. the president may nominate, the senate has free reign to decide whether or not to give its consent and we may, have the a y as the constitution provides. >> all right. he says that he will not do a recess appointment. obviously that would be a political suicide, probably, although he could. so where do you see this whole thing ending up? >> well, i think the best result, which i think is a likely result, is that this issue will be teed up for the 2016 presidential election. it's really crystallized now, and the american people ought to have a chance to decide who fills this critical seat. so i hope very much that -- that the republicans maintain their position of saying, look, this is too important a matter to be
decided by a lame duck president. let's have the american people decide which president ought to be making a selection. >> right. very interesting, because sometimes presidents have, you know, put their person out there and they haven't ended up being the person they thought they would be on the court. we can all think of examples of that but we'll have to see how it plays out. edward, thank you. >> thank you. news of justice scalia's death making a big slash on the campaign trail. right now hillary clinton holding a rally in elko, nevada as her husband bill clinton is across the coast holding an organizing event in florida. she was supposed to be there but decided it was more important to stay in nevada. senator bernie sanders holding a rally about to get underway in michigan. chief correspondent ed henry live with mrs. clinton. you're on the ground. sounds like another state where the clinton camp is getting nervous? >> reporter: you're right. the big caucus saturday night. this is a state maybe supposed to be a slam dunk for hillary clinton but bernie sanders has been gaining. you mentioned she's in elko,
about a four-hour drive from reno. be here at a rally a couple hours from now obviously flying over here and john ralston, sort of the non-partisan political guru on the ground says that sanders is the one with the momentum right now. writing over the weekend, the enthusiasm as is real for sanders as it is anywhere. judging from his rallies and what i hear from folks in the field, and momentum in politics is difficult to blunt much less turn around. you can see hillary clinton trying to slow that sanders momentum. in fact, last night went into the break room at caesar's palace and counted all kind of workers, including you see in that photo, some of the cocktail waitresses, not usually dressed to be campaign ready, i guess, gretchen. >> that picture came up late. i just caught a glance just then. i'm sure you've looked at it for a long time. ed, bernie sanders. >> just want to get it right. >> bernie sanders is not just gaining in nevada. colorado now, too? >> reporter: yeah. look, this is a super tuesday
state on march 1st. he had 18,000 people at a rally. you can see these pictures. a huge crowd on saturday night. both clinton and sanders were in the state for a political dinner but he then had that rally. 18,000 people, and what's interesting here in nevada last night, he had a high school gymnasium packed and made it clear, he thinks he's going to win this state. watch. >> everything in my political gut telling me that we have the momentum here in this state -- [ cheers ] -- that if people come out in large numbers on caucus day, we're going to win here in nevada. [ cheers and applause ] >> reporter: and, in fact, we've just gotten word hillary clinton on saturday night as the caucus results will be coming in here in nevada she'll actually be headed to texas. another super tuesday state voting march 1st.
essentially insurance policies making sure if she doesn't do as well as expected in nevada got to do well in texas. florida you mentioned bill clinton is there on the ground today. they don't vote until march 15th, but bill clinton is trying to get the vote out, trying to get them ready. >> thank you, ed henry. the death of justice scalia setting up to a major battle between president obama and republicans in congress vowing to block any person he might nominate. how the choice could impact a presidential election, and does the senate have enough votes to stall the nomination process? plus former president george w. bush joining thus brother jeb bush on the campaign trail today, only days where before donald trump made the former president's record a regard. telling how the former president plans to try and help his brother. >> my dad is the greatest man alive, in my mind. while -- while donald trump was building a reality tv show, my brother was building a security
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you can see an empty podium on your screen and that is because we're finding out now that donald trump is expected to take to that podium in hanrahan south carolina for a press conference. we don't know what it was about. not our his schedule originally. trying to get intel but we know he's about to come to the podium and giving some sort of press conference. keep it here on fox. always entertaining and interesting, sometimes unpredictable what may happen in this event but we will bring it to you when it does. meantime -- we need real talk on this now
the death of scream court justice scalia leaving a crucial vacancy. with this an election year the question is for how long? the political battle already under way whether president obama or a successor should nominate a successor. senate majority leader mcconnell says he'll block a nomination until the next president takes office. >> we should not confirm any bush nominee to the supreme court, except in extraordinary circumstances. i will do everything in my power top prevent one more ideological ally from joining roberts and alito on the court. thank you. >> joining me now, mercedes flatt, gop strategist and former spokesperson for george w. bush
and a represent ib of tative of access fund. we can probably go back, found different snippets of sound from other politicians as well. this is to be expected. right? >> this is just politics but i don't think this should be what we expect of our elected officials. this has gone way too far. there's no question this is within, not only is it within the president's purview, this this is his constitutional obligation. for the leader of republicans in the senate to say we're not even going to consider anyone. we're not even going to see who the president nominating that is politics, beyond what we should expect. going way too far. >> it's been since 1956, by my historical information, mercedes. >> right. >> the last time there was a vacancy in a presidential year. it's not like we have current history to fall back on, and by the way, a lot of people would say president obama has not really worked across the aisle
at all with congress. should it be surprising in this divisive environment? >> put it in historical context. the democrats started with politicalization of not confirming the bush nominees. i was there at the white house, for example, when miguel estrada, one of the first latino justices in one of the top appellate courts and they didn't even -- they blocked the nominee. the democrats did that. what do i see now? i see sort of the revenge of the republicans. they're in charge of the senate. and guess what? nowhere in the constitution does it say they must vote for a presidential nomination for the supreme court. >> no, and that's -- actually they don't have to confirm them at all. not at all according to the constitution. only the president needs to nominate them, but they don't -- >> but they don't need to confirm them. it's basically saying, yes, the president can nominate but the senate can block the nomination. it's clear. mitch mcconnell kept it a little open saying there could be confirmation hearings, that's a possibility, but at the end of
the day it goes back to the fact the democrats started politicizing this issue way before. >> and like i started, it's both sides. move on to this. former president george w. bush campaigning for his brother for the first time for his brother tonight. hoping his brother were give him a boost, the fact he won the primary there in 2000. emily, will this help? >> it may. it's all jeb can do. he needs to pull out all the stops with all due respect to mercedes and her former employer, jeb has not really brought his brother out or family out until now playing the long game for the general election, and former president bush is not very popular in the country as whole. >> he wanted to be able to run at his own person -- >> let me challenge you. favorability of george w. bush against obama and contender hillary clinton and actually he is, he is popular, mercedes. e wo you worked for him. what do you think? >> it's to jeb's advantage to
bring out george w. bush in a state like south carolina. we know national security is a top issue for those voters for those gop voters. obviously we know one thing about george w. bush. he kept our country safe. one of the points jeb bush made in the debate on saturday. so, again, to bring him out and i think we're all waiting to see what president george w. bush is going to say about donald trump, and that's what we're all looking for right now. >> i want to play what donald trump said saturday night. play it. >> my brother was building a security apparatus to keep us safer and i'm proud of what he did. [ cheers and applause ] he's had the gull to go after -- >> the world trade center came down during your brother's reign. remember that. >> hold on. had the gull to go after my mother. >> let's not -- >> mercedes, what do you think george w. bush is going to say? >> well, i think he's going to defend his brother jeb. he knows very well about the record that lis brother has as
governor of florida and he's going to say he's the right choice for this nomination. >> but what he's going to say about trump? >> oh, i think he's going to stand on the line of trump is not conservative enough. not the real deal. >> very interesting. >> i'm sure he'll say it in a humorous way, as he normally does. >> all right. >> but, again, i think his focus will be on basically saying, trump is not the real conservative. my brother is. >> we'll see what happens. emily mercedes, thank you. >> thank you. time for "my take." gop saturday night described as a cage fight, a blood bath, and alloutwar. the big question, is all the in-fighting good or bad for the gop? conventional wisdom says it's bad, because if fellow republican candidates are so busy chopping off the heads of each other they're doing the democrats' work for them. the nominee comes in wounded, easy prey for the other side. well, i'm not so sure. why? because this election cycle, nothing seems to be the norm. political outsiders are
dominating no whatter what they say. super pac multimillions may or may not make a difference. even negative ads, almost always worked in the past, way not work this time around at least against certain candidates. what could actually change the outcome? i'll be interested to see if donald trump's comments about george w. bush and the iraq war matter in south carolina. where former president bush remains popular and the state is home to so many members. military. will the voters in south carolina care? should they? coming up on "the real story," new batch of hillary clinton e-mails public again. including dozens now marked classified. the latest on the fbi investigation of her private e-mail server used during her time at secretary of state. and it's presidents' day also known as the day we celebrate washington's birthday. the question of the day, who's your favorite president and why? yeah, we showed president lincoln, too.
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donald trump at the podium as i said in my take whether the comments matter in the state of south carolina, taking questions on that right now. >> -- good points for vision but totally against the war in iraq, it will destabilize the middle east and when they went in, i said when they're getting out takal oil. didn't take the oil. now siis going to have the oil d isis has the oil. this fueled isis because isis has so much money because they've had the oil.
yes, yes, go ahead? >> today you attacked jeb bush, marco rubio, ted cruz, repeatedly said that you're a uniter. what do you say -- >> well it is a political campaign. no, no. it a political campaign. i mean, am i allowed to attack? i get attacked. they're attacking me all the time. no, i'm not -- did i attack marco? for what? joking? if i'm being a joke artist? where did i attack him? for being a joke artist? >> sure. >> and we can't have that as a president. can we? okay. i don't think i attacked marco. yeah. go ahead. >> -- standing at the podium, your campaign released a statement which you say that [ inaudible ] take down his ad -- >> he's printed lies. said i'm pro-choice and i'm pro-life. not printed it -- look what he did was ben carson was terrible. i've never seen anything like that. it was a total lie. ten minutes after the election was over, the caucus, he went
and said, oh, i'm sorry, calmle ben. ben didn't accept the apology, the way i look at it. i don't want to be in a position, saturday evening, i'm really sorry about that. my staff did something. he did three or four things. for instance, he talks about me being against the second amendment. i am the strongest person running in favor of the second amendment. i'm a member of the nra. my sons are long-term members of the nra and are extraordinary shots. they -- i mean, the whole thing is incredible. what he does, we'll walk up, say something. he said i will appoint liberal judges. you just saw it. donald trump is going to appoint liberal judges. i named two judges, and named them during the debate. i was the only one that named two judges i would appoint. those two judges. could be somebody else, but those two judges are highly respected conservative judges. they'd be great judges to appoint but he gets up, says, if d
donald trump gets up he'll appoint liberal judges. just the opposite. the only way i can fight it is all the press. most can't fight it, but he's a liar. he go up and absolutely lie. in fact, hen ry who is lieutenat governor said i can't believe what he's saying. he understands the views and he comes out, boom, boom, boom. absolute lies. now, he'll apologize, but i don't want apology after the election. i want the apology before. if he doesn't, i want to bring a lawsuit, based what i've learned the past two three days from top lawyers he doesn't have the right to serve as president or even run as president because he was born in canada, so i will bring that lawsuit if he doesn't apologize. pretty quick. i do quick. i -- maybe if i can. i got to get the papers drawn. don't worry. we have another one coming up. okay. it will be pretty quick. yeah? >> mr. trump -- >> john, go ahead. >> [ inaudible ]. >> can you imagine my sister?
no. by the way, my sister was appointed by ronald reagan. elevated, i believe, in the clinton administration, but she was appointed, originally appointed by ronald reagan. >> [ inaudible ] family's on or off and a sign this race has gotten really personal? >> well, i think -- i think first of all my sister has nothing to do with me. she's a federal judge at a high, high level, court of appeals, and she was appointed by ronald reagan, originally appointed by ronald reagan. a highly brilliant woman, known as a great, you know, as a very brilliant judge. i don't even know what her views are, and i don't think she'd want to tell me. i think -- she doesn't -- i remember one of your cohorts wanted to do a great story about you. she said, i don't want any stories. she's very much like me in that respect. i don't know. so -- so we have the same parents. >> are families -- >> i think frankly. she's a federal judge, highly
respected at every level, by both sides. by everybody, and i don't know that that's -- certainly what he said about her is horrible. you know, they made her sound just terrible. she may have views on certain things. i've never asked her views and don't want to ask her views. i don't think it's appropriate. she a very, very solid person and a very great int select and acknowledged as being so on the court. intellect. >> seems like -- no political -- >> i think in many respect, but with [ inaudible ] even jeb won't go and say, like you know, boom, donald trump is like, against the second amendment or whatever. i mean, he doesn't do that. what cruz says is incredible. i've nerve enseen anything like that. ip think he actually said it. donald trump is against the second amendment? i said, what? i did a radio show, i won't mention the name. you can fig ter out.
he said you were totally in favor of obama care. every speech i've made, we have to repeal and replace obama care. so at e post" said he said this and i questioned him. no, he really likes obama care? how do you fight that? except that these people can fight it. don't forget. i only have three days to fight it. not like i'll do it after a period of six months. we will bring a lawsuit if he doesn't straighten his act out. pea he's a lying guy. i felt better because marco rubio called him a liar the other night onstage. i felt better. good, a politician called a politician, now i can actually call him a liar. let's go. go ahead? >> why are you hosting his presser in hanahan, south carolina? >> this is a different reason. this is for getmo and you have
asked that question. i'm totally against it. if i win i'm moving them out and shouldn't be closing guantanamo bay and moving hardened criminals into this area, and i will stop it, and if i don't stop it in terms of time, if i win, they're going back. >> what's your plan exactly for guantanamo bay? >> i keep an open -- yeah. i keep it open, that's right. we have to be very vigilant. we'll look at everybody's case, certainly, and you don't want to have people that are innocent of something suffering, but you have some very hardened people. you've let a lot of people go. letting them go one after another and many of gore back to the battlefields. you've seen what's happened. they're going right back into the battle fields. we want to keep it open and that's how i feel, and here's the thing. i don't want people coming into this area, and i've had such complaint. i've had people from south carolina calling me, asking me
to do this press conference, about guantanamo bay, and there's not going to be any people coming here and frankly i think the governor should take very strong stand on it. >> [ inaudible ] guantanamo bay, could they get a fair trial? >> eventually they should. >> the population there? >> i would increase the population. >> at guantanamo. >> as we capture other people that are terrorists and the likes i would increase and be very strong on it. yes? >> [ inaudible ]. >> well, the governor has power people don't realize. a governor is able -- for instance, with migration. you have people coming into the area of south carolina. they're coming in. if i were the governor i wouldn't let them come in. i don't care what the rooms and regulations say. in theory the governor doesn't have anything to do with it. i would have something to do wi withit. believe it i would make it so uncomfortable for the federal government they'd say send them to other states. or not take them in ferd.
we shouldn't be taking people in fro syria because we don't know who they are. we don't know where they come from that. look what's going on in sweden, germany, all of these other countries. we should not be taking people in from the migration. now, we should help people with safe zones in syria. we should get, i will get the gulf states to pay for it, right now they're paying for nothing and taking nobody. because they're smart. you know what? they're smart, but they'll pay, and we're not going to pay. we'll lead it, but we should build safe zones, because you have to do something. but i don't want to take people into this country. you saw what happened in california with two people that got married that were radicalized, and it was a disaster. okay? a disaster. they killed 14 and plenty of people laying right now in the hospital. look what's going on throughout the world. we're not going to do it. we have enough problems as a country. you look at what's going on in germany, look what's going on in brussels, look at what's going on in sweden. the other night.
we're not going to have that. >> and minutes ago about president bush and the world trade center. should vo-of-should the president have done in 2001 to have stopped -- >> if you look back in your records you'll see tremendous information and the cia and various other agencies were not talking, not getting along, a lot of personalities conflicts and all hated each other and we ended up with the world trade center. okay? if you look at the book "the america we deserve" written in the year 2000, i mentioned in that book, me, i wrote it. i mentioned in that book osama bin laden, because i saw him a couple of times and i read about them and said, you know, he's a bad dude. we better do something about him. now, i wasn't even a politician. i wasn't in politics. just have always found it very interesting, but i'm saying to myself, we better do something about that guy. why wouldn't a, you know, if you did something about him you wouldn't have had the world trade center come down. if you look back at the cia and the various other agencies, they
were -- and i think john is nodding. i don't know if you remember it, but they had tremendous problems getting along together. that's management. because if they did, they knew what wos -- they knew bad thing wos happen and could have stopped it. >> was it negligence? was it negligence? >> go ahead? >> was it negligence on the part of president bush? >> i didn't say it was anything. >> what about marco rubio saying bill clinton should have done something in the late '90s? >> are you ready? >> yes. >> the world trade center came down during his reign. it's like -- he was the top. the world trade center came down. >> he's accountable. >> well, that. the war -- with iraq, which started this whole thing. the whole thing starts with the war in iraq. you know? saddam hussein was a bad guy. but one thing about him, he killed terrorists. now iraq is harbored for terrorism. you want to become a terrorist you go to iraq. saddam hussein understood and he killed terrorists. bad guy. but if the president and other people and frankly obama was no
better because of the way he got us out was a disaster. look what's happened since then. shouldn't have been there, shouldn't have gotten out the way we got out, but if the president went to the beach we would have been better off. believe me. john, go ahead? >> and a question -- [ inaudible ] 9/11 or not? >> no, i think it -- we could have had greater vigilance but wouldn't say anybody was responsible. >> he's arriving in about an hour. >> say hello to him for me. give him my warmest regards. >> [ inaudible ]. >> no, no. me? no. actually no. when was it set up? no idea. this was set up for guantanamo. no. not really. >> jeb bush -- hurt you? >> i impair it to bill clinton. so bill clinton came out four weeks ago, and his wife made a statement about me having to do with sexism. right?
and i made a statement about her and him. and i said, once she made that statement, and once she was campaigning, it's a whole different ball game. now, if the ex-president is campaigning for his brother, i think he's probably open to great scrutiny. maybe things that haven't been thought of in the past. you know? when jeb used his name, as i said, in the first debate, in the reagan debate, i left it alone. but when he kept using it i said i have to bring it up. when he talk and the great safety we had. i said, i'm sorry. at some point we have to bring it up and the other day i brought it up. i said the world trade center came down during your brother's reign. >> is there a chance [ inaudible ] to have his brother -- >> he's doing so badly. how much worse can it hurt? >> about the supreme court, on the stage, delay, delay. >> yes. >> obviously, the presidency is
four years long. when a trump presidency when do you draw the cutoff line if there was a vacancy to fill? >> i don't blame obama. he's going to try to do it. i don't think he should be successful, because mitch mcconnell has tremendous power in terms of delay and proceeding, et cetera, et cetera and the time is not that long. what? 11 months? 10 months? so it's not -- no, but it's not that much. i'm not saying that obama shouldn't do it. i'm just saying the republicans should not allow it to happen. now, i also said the republicans should not have approved the budget they approved four we're weeks ago and they've approve add budget. the republicans have been very, very disappointing. i always say that it obama is the worst negotiator i've ever seen, with everybody but the republicans. >> some of these individuals, a name thrown around, he was, i think, 97-0, a confirmation, as a federal court judge.
so 97-0 is the score as it were then and changes now in a capitol hill year, what does that say about the republican party and does that risk the senate for republicans going forward? >> i think what's going to happen he'll put in somebody probably a little more moderate than he would have normally done. i still think the republicans should rejected it. i think the new president should have that option. >> getting back to -- >> go ahead. >> 3mr. trump, proud of your family name and attacked jeb bush, and -- >> i'm not the first. not the first. i said from the beginning, i said from the beginning, tom -- >> [ inaudible ]. >> tells me nothing about him. actually. i think that the name bush would have been better than an exclamation point. he's jub bush. that didn't work. now he's using bush. i think he should have used his name. i think it shows he wasn't proud of the family. i don't know exactly what it tells you. i would tell him, why don't you
use the name bush? you're bush. use the name bush? >> something that you said -- prior to the iraq war [ inaudible ]. >> you can play cute. who are you, by the way? okay. >> [ inaudible ]. >> cnn. let me tell you, jim, you can play cute. in 2003 -- excuse me. i'll tell you why it's cute. because i said many things for a long time, but i wasn't a politician. so i'm not getting publicity if i say about -- i said for a long time don't go into the war, don't go into the war. i think the first time they have me down, you probably have it at 2003. this is hort shortly, right after the war started. somebody said doesn't make a difference. early on i said it, but said it before, then too. in 2002 right at the beginning i said it and strongly. in 2004 i was in reuters and quoted all over the place because i was very much opposed to the war. very simple. i said you're going to destabilize the middle east. two powers, iraq and iran, equal
in terms of military strength. you knock out one of you the producer, the other will take over the middle east. that's exactly whached. i didn't know we'd be so stupid to make a deal give them $150 billion, which we just gave them. but now they have $150 billion, a very wonderful agreement with us in terms of, you know they went out and spending their $150 billion. so far they haven't spent any of it with us. they bought 118 aircraft from airbus, which is european. they're spending their money all over europe. buying missiles from russia. they're spending their money with everybody but the united states. not good. not good. >> mr. trump -- mr. trump -- >> seem like we're trying to strike a morec note? weren't attacking rivals as much. what's changed between thursday and -- >> i'll tell you, i went to the debate and was attacked. i thought it was my best debate. some people agree, some say too tough.
i thought my best debate but being taevged from everybody, the incoming unbelievable. i'm looking around, including by the moderator, saying, donald trump said this and this about your brother. that's how that whole thing started. that donald trump said and, you know, in ancient times, so and so about your brother. how that came up. i didn't bring it up. that was brought up by john, as you know. okay? so i didn't bring it up. so i was being attacked by the moderators from the standpoint they were feeding, like a feeding frenzy on trump. that's why they got good ratings. got very good ratings. >> south carolina voters? >> i think i'm doing great in south carolina. i know south carolina very well. i've been here a lot, and i think they have a very sophisticated voter and they get it. they get it. for instance, when cruz lies about eventually everything i've done, they get it. i really believe they get it. we'll soon find out. >> what are the -- >> [ inaudible ] if you're so confident about the -- why not
file the lawsuit today jrch? >> i'm doing a favor. democrats are going to guy it anyway. just so you understand. you don't think i get -- i get along with everyone. i was a businessman. i get along with everybody. if cruz gets the nomination i don't think he's going to get it, i think i'm going to get it, but if cruz ever gets the lawsuit, the democrats are going to file the lawsuit. if i file it i'm filing early but i have a very good lawyer, already hired. a very good lawyer, and a lawyer that truly believes -- that's right. remember this. how do you give a man the nomination for your major party, one of two major parties and the man has a cloud over his head? i told them -- we've been listening to donald trump's press conference, supposed to be about gitmo. talking a lot about ted cruz. calling him unstable and going to file a lawsuit if ted cruz does not apologize to him for lying about him. he called ted cruz efforts in iowa voter violation fraud.
never seen anything like it. he also talked about george w. bush, you could see already on the campaign trail with his brother jeb. is george w. bush responsible for 9/11 or not? no, says donald trump. right back with what could be a brokered convention, next. y and a passion to build something better. and what an amazing time it's been, decade after decade of innovation, inspiration and wonder. so, we say thank you america for a century of trust, for the privilege of flying higher and higher, together. ♪
xwashgs welcome back to "the real story." as the presidential candidates work towards the upcoming democratic primary and beyond, growing concern there are so many candidates in the race no one delegate will have enough once it ends leading to a brokered convention. look at the delegate count. a candidate needs 1,200, 37 delegates. after two contests, donald trump is in the lead. cruz and rubio next with the rest of the pack in the single digits. joining me, former governor of utah and former adviser to mitt romney's presidential campaign. grapt to you have on "the real story." you float theed idea of a
brokered convention. why? >> well, first, a brokered convention is a convention where no one gets the 1,237 votes on the first ballot and consequently have to go to additional ballots, and then once the first ballot has been passed under the rules of the convention, delicates can vote for whoever they choose. so they become ruckaucous and a can happen. the dilemma, as you point out, with a number of candidates, and if no one gets 1,237 we could see the first so-called brokered convention in almost 50 years. >> would that be good or bad for the republican party? >> well, i suspect it depends where you stand. it would certainly be good for tv ratings, i'm confident of that. >> no doubt. i mean, some people hearken back
to the olden days where they actually happened on the convention floor. you didn't know who the nominee was until you got to the convention and then it sort of became more of a show, for lack of a better word. you already knew the outcome and were just there supposedly to listen to the speeches. >> let me just take you through the numbers, because that's where it gets intriguing. >> okay. >> as you pointed out, the delegates are provided to thero least 60%. a handful of states that are winner take all. by the calculations i have done, if a candidate were to win to get more than 41% on the popular vote, in all of the states, and if they were to win every state, that is, winner take all, they could get the 1,237. but with four candidates in the race, besides, say, donald trump, you really have to ask the question -- will trump get more than 41%
average in every state? will he win every winner take all state? with, in fact, super pacs and candidates who have money, and people who feel passionately about passionately about them, are they going to get out? this sets up to be an interesting situation. >> no doubt. you have to be proficient in math, trying to figure out the percentages and numbers and what's proportional, what's winner take all. governor leavitt, we will see what happens. thanks, sir. >> thank you. while the political battle heats up over who will replace justice scalia, we look at what historical significance the confirmation process could have. be right back. listen up! i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in!
welcome back. a battle brewing for a replacement for antonin scalia. >> does that mean you're going to filibuster anyone, anyone that president obama nominates? >> absolutely. this should be a decision for the people, george. we've got an election. and you know, democrats, i cannot wait to stand on that stage with hillary clinton or with bernie sanders and take the case to the people. what vision of the supreme court do you want? >> in the past, it has taken 71 days from nomination to confirmation. president nixon had a vacancy of 391 days, president obama has just 341 left in office. t jane hampton cook is my guest. you know the history, great to have you back on the real story. >> thank you. >> it doesn't look as if it would be that odd if the
president did not name somebody or at least it did not get through. what do you think? >> that's right. a long vacancy isn't that unusual. abraham lincoln took office, there had been a vacancy in the election year of 1860. lincoln didn't fill it for two years. president john tyler, he kept trying and trying to send nominees over. one vacancy on the court lasted 28 months, another 14 months. is it desirable? no. has it happened before? yes. just not recently. >> the last time there was a vacancy like this in a presidential election year i believe was 1956. >> yes. and that's exactly right, where there was an election year vacancy, eisenhower had a recess appointment, and they came back and voted for that person for the supreme court.
>> i believe ike said that was one of his greatest disappointments. say a republican puts someone there, and they don't end up being conservative. we can all point back to those things. >> that's right. you can't always know. george washington did a recess appointment for chief justice and then when they came back to vote on him, he said all sorts of awful things about the previous chief justice and didn't get to stay on the court, so things happen. it is the way politics works. unfortunately sometimes the side of politics we don't always love. >> all right. we will see how this battle plays out in less than a year until it all changes. jane hampton cook, thank you. >> thank you. more of the real story when we return. if you're taking multiple medications, does your mouth often feel dry? a dry mouth can be a side effect of many medications. but it can also lead to tooth decay and bad breath. that's why there's biotene, available as an oral rinse, toothpaste, spray or gel.
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the united states. doesn't think george w. bush is responsible for 9-11 and is campaigning for his brother. i want to know what george w. bush will say tonight, don't you? thanks for being part of the real story. noon on the west coast, 3:00 in washington, d.c. where the nation's highest court is now mourning and in turmoil. ahead, the latest on the battle over when to replace justice antonin scalia, and what his death could mean for some of the biggest cases the court is considering this year. and george w. bush about to make his first campaign appearance with his brother, jeb. and donald trump is already taking aim at the former president as the republicans pick up where they left off in this weekend's feisty debate. hillary clinton takes a last minute detour on the campaign trail. is she worried about her chances in the next contest? there's a winter storm on the east coast, a winter storm that belongs to