Skip to main content

tv   Happening Now  FOX News  February 24, 2016 8:00am-9:01am PST

8:00 am
>> where did it go? vanished into thin air and you will see on super tuesday again. maybe we can figureout a way to glue it to the floor. >> it takes a lot to hide that. jenna: you like this desk or that desk ? you will see me later. >> . jon: donald trump makes it three in a row with a commanding victory in the nevada caucuses. welcome to happening now. i'm jon scott. jenna: i'm jenna lee and the businessman crushing the competition, winning by more than 20 points. marco rubio claiming second place with a narrow win over ted cruz and now the candidates are in a full sprint ahead of next week's super tuesday contests. mike emmanuelle is live in las vegas with a wrap-up. mike? >> three wins in a row, this one out west and donald trump
8:01 am
is hoping to have big momentum heading into super tuesday next week.>> a couple months ago we were expected to win this one. you know that right? we work. of course, if you listen to the pundits, we were expected to win to much and now we are winning, winning the country. [applause] and soon the country is going to start winning, winning, winning. [applause] reporter: marco rubio placed second again in nevada, a state where he sent six years of his childhood. rubio is facing questions about where he will win a contest and he's already looking forward. >> there has to be a coalition here. that process began after south carolina. it will continue after our second-place showing and we will keep working hard. we were in michigan last night for a rally. headed to houston for the debate tomorrow and a rally today so we feel great about the work we are putting in and what it's going to lead to when this process plays out.
8:02 am
it's been anunusual year . reporter: ted cruz finished third behind rubio. his campaign sounded excited about getting back to texas and he quickly tried to turn the page. >> we are one step closer to turning the pages of the failures of the obama clinton disaster and getting back to the constitution, gettingback to the free market principles, getting back to the unbelievable opportunity that is the american dream . thank you and god bless you. reporter: after three wins in a row, the big challenge for cruz, rubio and the other candidates still running is breaking trumps winning streak. jenna? jenna: mike, thank you. jon: let's bring in karl rove, former senior advisor and chief of staff to george w. bush. also a fox news contributor and a man who knows the polls very well. what about it? what about that last statement
8:03 am
from mike emmanuelle they are? breaking trumps winning streak. can any of the other candidates hope at this point to do it? >> i suspect in texas ted cruz is going to win but it is a question of, marco rubio put his finger on it. there is going to be a consolidation of the republican opposition to trump so rather than being split up, even last night in this impressive win that he had in nevada, donald trump did not take a majority and when we get into these contest in the next two weeks, we have 55 percent of the delegates chosen between march 1 and march 14 and they will all be proportional which means if you have a majority, you've got to start taking a majority and as we saw, in iowa it was 24.3. in new hampshire, 35 and south carolina 32 and a half and last night, 49 which was impressive. jon: marco rubio was on fox and friends and talked about the numbers that trump is drawing and i will play that for you.
8:04 am
>> donald trump underperformed and mitt romney did not once but twice in the state. i've been saying this a long time. this is an unusual election. throw out all you know about presidential politics because this year is different. it's been proven week after week and right now you have a situation where the majorityof the electorate, the majority of republican voters do not want donald trump to be the nominee. it's been clear now. the problem is they are divided up among four people. at some point it was five people. before that, seven people so until there's some consolidation you are not going to have aclear alternative to donald trump . jon: when does that consolidation start happening? i don't see any signs that ted cruz or barbara rubio or
8:05 am
governor kasich is eager to get out of the race. >> we had a little bit of consolidation in that jeb bush is out and my suspicion is that rubio is going to pick up most of that support. we may have a de facto consolidation . ben carson is becoming increasingly less important and john kasich by saying i'm going to focus on the primary that is march 8 in michigan and then focus on one on march 15 is making himself somewhat irrelevant and the rest of the races so the question is, does this all happen by 15 march? it'siffy. if it doesn't happen by the 15th, then if donald trump is still getting 35 or 36 percent of the vote, he is going to be taking these big states that occur on 15 march and while a lot of the contests after that are proportional, that will give him momentum and a huge chunk of delegates . but let's be very careful. we have selected 133 of the 2472 delegates to the national convention. and yesterday, last night was a caucus. the caucus turnout is relatively small. there were 75,000 turnouts, bigger than the republicans had
8:06 am
before in their last two caucuses but that's out of 423,000 registered republicans in the state. one out of every six republicans turned out. to give you a comparison, look at the iowa caucuses. they had 30 percent turnout. that would have meant you would have to have 129,000 republicans turnout in nevada to match the turnout in iowa so it was a turnout in a state favorable to trump. let's wait and see, is there a bandwagon? i don't know. i do know this. there have been nine polls in february in march 8 states and if you average of the numbers, donald trump leads but he's got 32 percent in those nine states or those nine polls of seven states and rubio is at 19 and cruises 17. trump is in the lead but the number two and number three guys, their combined boat is ahead of him and in nearly 7 out of 10 votes are not in the trump camp. everybody'sgot a lot of consolidation to do. trump among voters and the non-trump candidates among themselves .
8:07 am
jon: i hear what you are saying about the number of delegates chosen so far but in any other year, if you had onecandidate who had one back to back to back states, you'd be saying hey, this guy is unstoppable you . >> iwould but only if they were likely , in 2000 on two out of four but he won 50 percent in south carolina, not 32 1/2. we do have an unusual year. we got 17 candidates we entered. it's down to five. it's a sign of something that of the 12 candidates who have withdrawn, not a single one has endorsed the presumptive front-runner. he's got an easier path to the nomination than the other two but i simply say, this is one weird year in which all of the rules don't apply and the rules don't apply because it's a different set of circumstances, a much different field and a different set of rules on governing the con duct of each of these candidates.
8:08 am
jon: the real clear politics average of the polls say if you put ted cruz against hillary clinton, he wins. marco rubio against hillary clinton, he wins. donald trump against hillary clinton, he loses. >> i think that's only going to get worse because the republicans are not going after donald trump on his achilles' heel which are these bankruptcies in which eaves stopped lots of people and which lots of people not hurt. and the democrats when they come at him hard one of the top operatives for the hillary clinton super pack told me they filled a lot of victims of his bankruptcies and he says they are compelling. we will see this in the general election but last night, only one out of every four republicans in nevada considered it the most important reason to nominate someone who could win. most wanted an outsider or somebody who was angry. their focus is on, let me have somebody who speaks for my asked, speaks to my concerns and we will worry about lit winning later. jon: karl rove joining us from austin texas. thank you carl.
8:09 am
jenna: one block of voters is growing by leaps and bounds and that is single women. they tend to lean left but for this election cycle, one or their core issues? the economy, women's rights, national security? a look at this increasingly influential voting block. hi shannon. reporter: it's a group of candidates that will have to play close attention to sothis fall for the first time the majority of women who are eligible to vote in america will be single. in the 2012 presidential election, unmarried women chose obama over mitt romney by a 36 percent gap. that's compared to their marriage , parts, single women or less educated who have higher unemployment rates and that's why experts say so many are worried about financial security as their top issue. that makes them very open to campaign promises about payee quality, pain relief time and childcare. conservative analysts say the left has been tuned into this
8:10 am
demographic for the last decade and the right has a whole lot of catching up to do. >> the right is out researched, outspent and sorted out done when it comes to women voters. the argument is that the left saw this was an opportunity. there's no shortage of resources on the left geared toward attracting and appealing toward women and on the right we simply don't have those kind of interests and for a variety of reasons but it's a real tough sell. jenna: conservatives say they are trying to message to unmarried women. trying to appear more compassionate but also trying to explain how the policies the left is pushing and wind up hurting women in the long run. as for the democrats, bernie sanders continues to win big among single women while married women tend to favor hillary clinton. jon: the serial stowaway is at it again. marilyn hartman just arrested for a sixth time in less than a year for trying to sneak on board a plane.
8:11 am
she faced the same judge again so what happens to her now? plus, a powerful storm system on the move after deadly tornadoes hit the deep south. look at the aftermath and who's in the danger zone now? we want to hear from you. now that the field has narrowed, who would you like to see get the gop nomination. our live chat is up and running. go to now and get your thoughts in that conversation.
8:12 am
hii'm here to tell homeowners that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works, how much you qualify for, the ways to receive your money... and more. plus, when you call now, you'll get this magnifier with led light absolutely free! when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home and here's the best part... you still own your home. take control of your retirement today!
8:13 am
8:14 am
reaprocessed cheese pasteurized, it's only required to contain 51 percent real cheese. with sargento natural cheese slices, you always get 100 percent real. sargento. we're real cheese people. jon: a suspect in the murder indicted for sending mississippi to jessica chambers on fire, killing her. police say quentin callis was the last person with chambers on the night she was murdered and they say despite their nearly 10 year age difference, they were in a relationship. police in holbrook massachusetts now searching for a missing mom. investigators say judith sales left home to pick up her son from daycare monday afternoon but never arrived and hasn't been seen or heard from since. and she's done it again.
8:15 am
marilyn hartman arrested for trying to sneak on board a plane. the six arrest for the serial stowaway in less than a year and the same judge who sentenced her to probation and mental health counseling says he's not sure what to do now so he will need time to figure out the next step in her case. jenna: a weather alert now ended deadly tornado outbreak in the gulf states overnight and that storm system is on the move. jonathan live in pensacola with more. reporter: hi jenna. just an indication of the strength of the wins. this utility shed was overturned next to this home. this is a briggs family home that suffered major damages but actually is largely intact. look at their neighbor's home. completely gutted. then as you zoom out, you can see this child's toy in the backyard relatively untouched. just an indication of the sheer randomness on a tornado. >> it feels like you're in
8:16 am
shock looking at things. it's all new. it amazes me is the stuff that didn't move and all the big stuff did. reporter: the heavy winds also struck a nearby apartment complex called the moorings. three buildings suffered heavy damage. about two dozen individual units were least six people injured but no reports of fatalities there. the small town of confidence in southern louisiana was also hard-hit the storm struck an rv park , two people killed there and more than 30 people taken to area hospitals. and in mississippi, lamar county authorities say a 73-year-old man died in a mobile home when the storm hit. back to you, jenna. jenna: thank you. jon: he was convicted of murder decade after the crime. then a joy judge ordered a new
8:17 am
trial more than 10 years later. now new court action today in the case of kennedy cousin, michael. i legal panel weighs in on the latest twist. and tensions rising after kind china deploys fighter jets to a contested island in the south china sea. just days after reportedly sent surface-to-air missiles and radar to that installation. what's behind this major escalation and what the pentagon should be doing. my school reunion's coming fast. ♪ could be bad. could be a blast. can't find a single thing to wear. will they be looking at my hair? won't be the same without you bro. ♪ when it's go, go to the site with the right room, rewards and savings up to 20% when you book direct. book now at then your eyes may see it, differently.ave allergies. only flonase is approved to relieve both your itchy, watery eyes
8:18 am
and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything.
8:19 am
8:20 am
watching tvs get sharper, you've had it tough. bigger, smugger. and you? rubbery buttons. enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. jenna: growing concerns about china's actions in the south china sea after beijing deployed fighter jets to a contested island there days after reportedly sent radar and surface-to-air missiles. the move seen as a major escalation. >> china's intent to militarize the south china sea is as certain as a traffic jam in dc. jon:
8:21 am
jenna: gordon, we talked about this a few times. this isn't just about territory. a landgrab for china. talk to our viewers a little bit about what's at stake. considering the shipping lanes around these islands. >> each year there are $5.3 trillion of commerce on and over the south china sea but it's more than that dollar value. the united states has stood for freedom of navigation for more than two centuries and we defend the global commons. we can have china or any other nation close off international waters and airspace because if we do that, the open architecture we put together after the end of the second world war, which has brought all this peace and prosperity to the world will be over. that's what's at stake. jenna: so it's not just the cost to every american consumer as somehow these shipping lanes were restricted but also philosophically, what our
8:22 am
country stands for as you point out. why is china making his move now. >> this is puzzling because in the past china made small advances hoping not to provoke a reaction but now china is going for everything at the same time because it's not just these fighter jets but surface-to-air missiles you talked about and radar in the reef which were disclosed a couple days ago. what china is doing is lashing out and this shows not only are the hardliners in control in beijing but also that they are no longer thinking strategically and really horrible things happen when countries abandon strategy . jenna: what do we do about it, gordon?
8:23 am
>> we've got to work with our partners in the region which includes almost every country to have joint patrols in the south china sea. we need to contain china but also we need to end these military and military exchanges we have with the chinese navy especially because this is the last timewe need to be showing friendship to the chinese. we have to start imposing some costs and those may have to be economic as well because china's economy right now is in severe distress we can push the chinese back but only if we use the leverage we have in our control . jenna: here's what china says. this is the foreign ministry spokeswoman this week. there is no difference between china's deployment of necessary national defense facilities on its own territory and the defense installation by the united states and hawaii. what do you think of that reasoning? >> that reasoning is really wrong. first of all, there is no territorial dispute to hawaii. but with regard to woody island which is where these fighter jets have been deployed, they are disputed by vietnam and taiwan. also, with the other islands in the southern portion of the
8:24 am
south china sea, there you have about six or seven claimants. you've got not only taiwan and vietnam but the philippines, brunei, malaysia, indonesia, vietnam.what you've got is a multinational dispute. this is very different from hawaii. no one is talking about a dispute over kansas and that's really what china is trying to say that this isjust like kansas . jenna: now that we've seen china make these moves and build up these islands over the past several years, we've got this great reporting from our pentagon team about the surface-to-air missiles going in. now fighter jets. are we at the point of no return, gordon? is there a thinking that china all of a sudden is going to say you are right. we are going to collect all our gear and bring it back to beijing or are we in a totally different scenario now that really gives us one password and that is china maintaining control of these islands? >> i think in many ways we've passed the point of no return because first of all, the chinese ruler is a nationalist. he's arrogant. he believes in maoist foreign policy but even worst, we have
8:25 am
the military now becoming more powerful and the chinese political system.people say he controls the military but relies on them for the core of his support so they get to tell him what to do. we've seen evidence of that in the east china sea where they declared a defense identification zone. they are about to do the same thing in the south china sea with all these missiles and planes so clearly the military now, i think is calling the tune and this is a dangerous situation because you have this organization at the top of the chinese political system. jenna: what do you think are the scenarios out there now that they have a fighter jets and surface-to-air missiles, now that they have the reports of their defense systems along the coral reef?are they going to prove a point by taking out the ship, a cargo ship or a plane? what is their next move, how dangerous can this be? >> that really is the next move and the question is whether they are going to take it this is a situation where
8:26 am
china is militarizing despite the pledges it gave to secretary kerry last month and despite the places it gave to obama in september. you cannot rule out any horrible scenario because that's really where this could be going. jenna: that's scary to think about what we have to consider all possibilities because we are in this new space with this part of the world. thank you so much. jon: between the republicans name-calling and hillary clinton's scandal over her private email server, honesty and trust are turning into big issues for both parties this year. how will that play out in the general election? plus right now, the dow is down 227 points as oil prices plunge as well. why does oil seem to keep keeping the stock market on a roller coaster ride? we getinto that coming up .
8:27 am
8:28 am
8:29 am
8:30 am
8:31 am
jon: a quick look at what's to come this hour. the government is demanding that apple helps unlock at least nine more iphones in addition to the one that belongs to one of the san bernardino terrorist. we tell you what apple thinks about that. and the notorious decades-old murder now before the connecticut supreme court. prosecutors want to reinstate the conviction of kennedy cousin michael skakel. plus, rescue crews sifting through the rubble of an old power plant in great britain. three people are missing after a devastating building collapse. >> i think people are saying enough with establishment politics and establishment economics. we need a political revolution and there's millions of people come together and say you know what?
8:32 am
our government belongs to all of this, not just a handful of wealthy contributors. >> there is no unknown. i'm on record. i went to wall street before the great recession. i called them out. i said, what they were doing in the mortgage market was going to cause serious problems. jenna: from america's election headquarters, trust is an issue so far for both parties. hillary clinton defending her wall street ties and a candidate for him last night and bernie sanders repeating his call for higher taxes on the rich. our entrance polls for the democratic caucuses in nevada, 25 percent said honesty and trustworthiness is the biggest factor. of that group, 82 percent found bernie sanders to be honest. hillary clinton, 12 percent and in a university poll taken a week ago, donald troupe and ted cruz are at the back of the pack together with nearly the same number as clinton. donald trump is taking that attack on trustworthiness to tom ted cruz, calling him a liar and with trump as the clear frontrunner, how will that battle cry work against hillary clinton. michael's executive director at the new york state democratic party and a former senior aide
8:33 am
to enter hillary clinton. it's great to have you both. the issue of trustworthiness has come up a lot in this campaign season. just to refresh our memories, over the last few days about how it,, here's donald trump. >> this guy ted cruz is the single biggest liar i have ever dealt with in my life. i've never seen, he will lie about anything.i've never seen anybody that lied as much as ted cruz. but really, ted cruz does lie. >> even marco rubio said he's a liar and when a politician says another politician is a liar, i never heard that before. jenna: a lot of attention against ted cruz now that donald trump is thefrontrunner. clearly, how would it work against hillary clinton? >> if you can see what donald trump did to jeb bush , what he's doing right now to ted cruz. he's been a heatseeking missile against any other republican that's running in this race.
8:34 am
i would like to believe that if he's our nominee he can do the same thing to hillary clinton. once donald trump gives you the business that state stays on you for a while. that's what the past couple of weeks have proven. jenna: the reason we are asking this is because of federal judge has come out and said listen, we're going to allow basically critics of clinton to question her aides under oath on this email issue that continues to go on. so if that continues to go on, were not going to litigate that issue but if she had that overhanging her and has donald trump out there calling her a liar, how does he overcome that? >> she has acknowledged the same thing that the drip of these emails has been a constant talking point on the campaign. you've seen that less now than you did early on when she first announced it and this first started coming to light. because ultimately, this is why
8:35 am
i say that, ultimately i think what voters are looking for answers to their everyday problems. even if donald trump has been great at calling out the politicians in the establishment candidates on his side, my guess is that he will have to soften that tone a little bit once he gets to a general election. even though he may make claims against hillary clinton, that means hillaryclinton can make substantial claims against him and it's fair game . jenna: when you look at the trustworthiness numbers for donald trump, they are high. they are low along with ted cruz so is that a weakness for trump as well? >> it could be, jenna. i've never been a big fan of the club someone over the head with an animal and call them a liar. it seems to work for donald trump what history has shown us, when you deal with blood both clinton's and use their own words against them, let's release the transcripts from those goldman sachs million-dollar speeches she's given. let's see what she had today say and see what whether it
8:36 am
jives with what she had said last night. let's take her to the families of those lost in benghazi versus what she shared with her own family. hillary versus hillary has a much better ratio of success for republicans then just hitting her over the head. jenna: what do you think of that? >> i disagree. no shock there. i think if you put hillary's record up against any of the republicans i think she wins. if you compare her history and interaction with wall street, she pales in comparison to the republicans. >> in the money that she got out of there? she's been a hoover, a vacuum cleaner of wall street money . jenna: when we talk about hillary against republicans we have numbers and john mentioned this earlier in our program, talking to karl rove. what's interesting is when you look at hillary clinton matched up against donald trump in real clear politics average of
8:37 am
polling, she beats donald trump who is the frontrunner for the gop at this time. check her out next to ted cruz. ted cruz actually beats her again in real clear politics average of polling. ted cruz comes out ahead, so does marco rubio. what do you think that all about? she's a known quantity and the american people by and large don't really like her. they don't find her trustworthy. people in her own party as you showed in nevada don't find a trustworthy so, in washington there's a lot of bedwetting going on right now that i feel very good about the republican chances in 2016. the amount of interest in the people to the polls has been phenomenal over the past couple of years. this 17 way race may be even good for the party and give us a good head of student steam going into nevada. jenna: we have seen that turnout is up for republicans in every single state so far and is down for democrats. he's saying the enthusiasm will eventually be what overcomes
8:38 am
hillary clinton if she indeed is the nominee. trustworthiness aside. i think you still see strong turnout on the democratic side and i think you see that in every state but i willalso say this. just because you are seeing enthusiasm on the republican side , it's interesting that the republican establishment is now taking credit or that enthusiasm. in fact, this is all unscripted. >> we believe in free market, our system is rigged the way the democrats do. jenna: let me ask you a final question because when we make a big deal about trustworthiness because it sounds like of course hillary is trustworthy and i don't mean to sound cynical but i'm going to sound cynical for both of you. do you think people really care?do they you think they really believe ultimately that politicians are trustworthy as a priority or do they just want someone who's a really good leader so i wonder about this
8:39 am
question of trustworthiness, about how much it matters when you think of the politician you want in office. >> if you look at surveys and on trustworthiness where a politician comes in and is a used car salesman, it's about at the same level.voters are very smart so they get the joke. that's why they gravitate toward ideas and leadership and i think our party has ideas in spades this election cycle. i feel good about our chances. >> i agree to this extent that i think ultimately what voters are looking for are people who show leadership and have policies and ideas that directly impact theirday-to-day lives . frankly, i think, no surprise here, this iswhat the democrats are talking to in this election. they're not playing to people's fears as donald trump is. they're playing to people who have aspirations and that is where americans need to be . jenna: basil, it's great to have you both.
8:40 am
jon: now foxbusiness alert. falling oil prices taking their toll on the stock market once again. the dow down 199 points. stalling out a rally of almost 1000 point in the past couple of weeks. let's get the latest from our sister network foxbusiness and laura seminary. >> we are seeing stock prices and oil prices in complete lockstep all year. there are both down today. in the past hour, the energy administration said a huge build in the amount of food supplies last week grew by 3 and a half million barrels, more than expected which means more oil is on the market so you can charge less for that oil. crude trading at 31 dollars a barrel and theprice not getting any help from the saudi arabian oil minister. he dismissed the possibility of a production cut by oil-producing nations.there was some support from an output freeze but iran call that a joke . so energy stocks are dragging
8:41 am
down, stocks overall, wall street trading down in the big day for the biggest today in a row. the biggest pressure is they will need to hold more cash in case energy companies hit by cheap oil default on their debt. also, a report on sales of new homes. that too was a disappointment. uneven recovery in the housing market. investors are nervous, when you are nervous government bonds as well as gold. gold of about two percent today. jon: lauren, thank you. jenna: new court action in the legal saga involving kennedy cousin michael skakel. his murder conviction or 1975 crime be reinstated to mark our legal panel weighs in on the case next. choose world.
8:42 am
8:43 am
choose, choose, choose. but at bedtime... ...why settle for this? enter sleep number and the ultimate sleep number event going on now. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store, all beds on sale.
8:44 am
right now find our c2 queen mattress starting at only $599.99. know better sleep with sleep number.
8:45 am
jon: a decades-old and prominent murder case back in court today. prosecutors are asking connecticut supreme court to reinstate the conviction of kennedy cousin michael skakel for the 1975 murder of martha moxley.back in january of 2000, nine-year-old michael skakel was charged with murder as a minor. he was 15 at the time of martha's murder. a year later, he is ordered to face trial as an adult. in june 2002, he is found guilty after the jury deliberated for four days. in august of that year, he is sentenced to 20 years to life
8:46 am
in prison. in october 2013, the court finds that skakel defense orders failed to present a key witness and therefore a new trial is ordered. a month later, he is released on $1.2 million bond which brings us to today as prosecutors asked the court to reinstate his murder conviction and send skakel back to prison. joining us now, veteran prosecutor wendy patrick and criminal defense attorney eric guster. welcome to both of you. wendy, to you the court ordered a new trial, he goes out on bond. why has that new trial not taken place yet and does this request to simply reinstate the old conviction, does that supersede the request for a new trial? >> two good questions. you and i both know as does eric, the wheels of justice move slow, especially when you are talking about such an important case. what makes these facts you nee
8:47 am
, this case is 40 years old. this happened when both the defendant and the victim were 15 years old. it's remaining in the news as a tabloidstaple because of the kennedy link , for one reason but remember what the judge had to look at and this is number reason the case is moving slowly is whether or not there was some other evidence that could have been presented but whether or not this defendant, constitutionally protected fair trial. the sixth amendment gives them back. what's the problem here is this was a case initially that had very little physical evidence. dynel lane have come a long way in 40 years but it remains to be seen whether it should ever go to a new trial because they are still arguing this week that there shouldn't have been a reason to grant him a new trial tobegin with . jon: one of the things his appellate lawyer is arguing is that his original lawyer failed to argue that maybe one of michael's brothers might have been responsible for the murder and yet in 2006, the state's highest court considered the
8:48 am
possibility that other people were responsible and rejected that argument. >> an argument like that is extremely common in cases like this because ineffective counsel is the term that we use. did the lawyer do a good job? did the lawyer protect this person's rights and michael skakel is a wealthy person so he has the ability to hire the best lawyers. we always say justice is blind but if you have enough money it will prevail because if the person can hire the best appellate lawyers to plot the best arguments in this case and when his lawyer did not call this crucial witness that may have changed the jury's verdict, that is what the court is going to consider . jon: what about that question mark he is a wealthy guy from a
8:49 am
very wealthy family. had the ability to hire good lawyers. why can he now go back and argue ineffective assistance of counsel anybody can argue that. you can argue that if you are represented by a public defender so that's not something that's unavailable to any defendant but what the judge has to look at, youcan't second-guess trial strategy . that is one of the staples of criminal defense is each lawyer approaches each case and a passion and they are the only ones that know the facts and decide who to call or not to call. after the fact, many defense attorneys come backand say there are reasons why i chose not to focus on an alibi witness . certain pieces of evidence, whatever it is and that's when skakel's lawyer has done. the judge nonetheless went back and we call this the second guessing game. he said, well perhaps there should have been other things you should have done including that alibi defense but prosecutors are arguing is the judge in the best position to determine whether trial strategy was ineffective? that's what we are looking at. it's a question of competence, not whether there's something else you could have provided but whether the defendant got a
8:50 am
constitutionally required fair trial. that's what the high court has to decide. jon: maybe there's no way to answer this but what are the chances the court degrees with the prosecutor that nothing should happen in effect. at the old verdict should stand and that he should go back to prison. >> i doubt the court will agree with the prosecutor because the law really protects defendants. our constitution was based on making sure we preserve the rights of the defendant, making sure they get a free trial. i disagree with wendy on one point. trial strategy is important and that's one thing on appeals that we look at. whether or not there trial strategy failed in the aspect of protecting that person's rights because if a lawyer can make a bad decision and if it has horrible consequences against a person's rights for example in this case, he was convicted in serving a life sentence, and maybe overturn that conviction. jon: eric guster and when three patrick, we will keep an eye on this case.
8:51 am
jenna: the justice department raising the stakes in its ongoing battle with apple. what it means for your privacy next er. (dad) he should know better. we're settlers. we settle for cable. but let us repay you for your troubles. fresh milk for the journey home? (neighbor) we live right there. (dad) salted meats? (neighbor) no thank you. (dad) hats then! (vo) don't be a settler, get a $100 reward card when you switch to directv.
8:52 am
i work here at my namfive star auto care. in rocklin california. a lot of thought was put into the change to solar and we couldn't have done it without pg&e. pg&e is very committed to clean energy. working with five star auto care we looked at how we could make their business more energy efficient and save them money in the long run. with solar we have saved about 85% on our energy cost. with this extreme drought we're using the savings from our solar system to save every last drop of water. if you are looking for ways to save energy, your first step is to call pg&e. together, we're building a better california.
8:53 am
8:54 am
jon: outnumbered coming your way in a mere six minutes. sandra and harris, what do you have? >> nevada makes it three in a row for donald trump heading into super tuesday. can marco rubio, ted cruz or anybody stop him? plus, the judge rules hillary clinton's top aides should be questioned under oath about her emails and he even threatens to subpoena her server. she says she's not at all worried about the scandal. should she be? and another major university targeting white privilege saying it is tomorrow remote
8:55 am
healthy dialogue. what is it really passing guilt to push politically correct agenda. plus, our hashtag one lucky guy and numbered at the top of the hour. jenna: escalating details between the fight between apple and the feds. the feds wanted to unlock nine more iphones. live in los angeles with more.? p6 we are learning there's a lot of requests out there. the doj request which totals 13 and then there are requests by general law enforcement across the country, even apple itself says last year they had 10,000 requests and that's not just iphones, but everything and they complied with 80 percent of those. that's according to apple. you bring in the local and doj part of this and you are talking about a lot of numbers
8:56 am
in regard to the feds, the recent court filings in the san bernardino case show that law enforcement wants to accessvia court order 13 apple devices including one in a passport fraud case in chicago. there's another device in a massachusettscase. 13 all told including the cases in new york . eight of the 13 devices have the older ios which apple has helped in the past . five have a newer encryption which they have not. the manhattan da has said it sees 175 apple devices that it can't access due to encryption. meantime, while these numbers come out on a local and federal level, rallies across the country took place yesterday from sacramento to new york to santa monica all in support of apple for the most part and their defiance to work with the fbi on this terror case. the largest took place outside the apple flagship store in san francisco. >> security and encryption are the things that keep our powerplants safe. that's what keep our airports and water treatments centers safe. >> i think they should let them get into the phone. they're already tracking all our information anyway.
8:57 am
jenna: jenna, a national poll showing the majority of americans do support, 51 percent to 35 percent, fbi helping apple and apple says it's going to ask congress to take care of this, not the courts. >> thank you and we will be right back with more happening now. and hotel together. all you're thinking about, is making sure your little animal, enjoys her first trip to the kingdom. expedia, technology connecting you to what matters.
8:58 am
8:59 am
9:00 am
>> see you back here in an hour. >> this is "outnumbered." i'm andrea tantaros. with us, harris faulkner. sandra smith. nationally syndicated radio show host, fox news contributor meghan mccain. today's #oneluckyguy, welcome back fox news contributor and iraq and ban goon veteran, pete hegseth. you are "outnumbered," yet again. >> you are a busy guy. >> it has been a busy day. we'll get to some of that. andrea: we'll get to it. donald trump is expected to make very


info Stream Only

Uploaded by TV Archive on