tv Legal View With Ashleigh Banfield CNN February 16, 2016 9:00am-10:01am PST
going to be a show. >> yeah, somehow they serve each other. you know -- >> will you be thinking tonight about what happened, all the time, or is it going to be -- can you lose yourself in the music? >> i always lose myself in the music? but i'm going to lose myself in the kids, i'm going to lose myself in that. we're going to get lost in one another actually is what's going to happen. >> all right. that is all for us today. legal view starts right now. this is cnn breaking news. hello everyone, i'm jim in for ashleigh banfield, welcome to legal view. we begin with breaking news at this hour. source close to the family of antonin scalia says that the late supreme court justice will lie in repose at the court on friday this week with a funeral taking place on saturday. this first reported by our colleague jamie gingel. i'm joined by evan perez, he's
with me here in washington and cnn senior legal analyst jeffrey tubin. he's in new york. evan, if i could begin with you, what further details do we know about where the funeral may take place and how things proceed from here? >> well, there's still a lot of planning taking place right now, jim. we don't know exactly which church. we know the son is a priest in northern virginia, and we know he attended church here in d.c. >> and he's a catholic. >> he's a catholic obviously. we don't know whether perhaps they might use the national cathedral which would be something for a sitting supreme court justice would befit his position. >> former presidents and others have had their funerals there. >> it is possible because you can have catholic ceremonies or catholic mass at the national cathedral. that is a possibility. we don't know whether that is something the family is going to, is going to ask for. >> jeffrey, just in terms of history, when is the last time, if ever, that a supreme court
justice pl justice layed in state at the supreme court and what does that event look like? >> i have a very vivid memory of when chief justice ranquist who also died in office lay in repose in the great hall of the supreme court. i happened to be there at the moment that justice scalia walked by, and paid his respects, and justice scalia who was an emotional man, he had tears pouring down his cheeks, you know, he had been, he had replaced chief justice ranquist when he was elevated from associate justice to chief justice. you know, they were very close allies for many years. and it is one of the great rooms of washington, d.c. the great hall of the supreme court, it's very somber, you're surrounded by busts of all the former chief justices, and in constant stream of people paying their respects goes by.
and it's just a very moving place. and it very much speaks to the court. and there are photographs, i hope we have of -- they have draped justice scalia's chair in the courtroom -- there it is, in black. the front of the doorway to the supreme court chamber, there it is, also draped in black. you know, the supreme court is an institution that respects its ceremonies. and the court always starts on time. the court hands out its opinions on time. and the reverence with which a supreme court justice is given final respects is also part of the traditions in the supreme court. >> it's an enormous honor. i mean you picture those moments whether at the supreme court for ranquist or capitol hill lying in state there. reserved for some of the greatest figures in american
history. i want to ask you, evan, you know, as this happens, you have, of course, honoring the man. but you have his vacancy still going on and political battle shaping up, but as that plays out, what happens to the cases that are before the court? several important cases, in fact? >> even the cases that for instance we know he's already voted on, those don't become official until there is a seating of the court and they read their opinions. so what this means is that we don't know what those votes are, but it really has potential impacts on some very big cases, including ones dealing with immigration, they're dealing with president's executive powers, dealing with obamacare and contraception -- >> and union powers. >> and union powers. there are tremendous cases. everybody's following very closely because if these end up being 4-4, then the lower court ruling stands, and so that really could flip the decision based on what has happened with
the passing of justice scalia. >> evan perez, jeffrey tubin, repeating the breaking news, we're learning just now of the arrangements for the late supreme court justice, antonin scalia that he will lie in repose in enormous honor followed by a funeral on saturday, first reported by our colleague jamie gingel. we're going to move now to politics. civility, distant memory if it was ever a memory at all as the gop race intensifies in south carolina. instead, voters are now witnessing an increasingly battle with the most bitter personal attacks, fair game. candidates are sharpening rhetoric with four days left until voters head to the polls in south carolina. donald trump and marco rubio are calling ted cruz a liar while the texas senator is dismissing their claims. meanwhile, jeb bush's campaign is taking aim at trump. bush's pleading with voters reject the quote, politics division splitting his party while also standing by the
legacy of his brother, former president, george w. bush. >> i never thought in a republican debate we would be talking about impeaching a republican two-term president who was extraordinarily popular for good reason, amongst republicans. i thought that was a little weird. i thought it was a little strange that a front running candidate would attack the president of the united states, who did keep us safe. while he was building a reality tv show. i'm sure was a fantastic one, i've never seen it. >> well jeb's big brother is entering the fray himself. president bush in the state taking aim at trump. though he did not mention the front runner by name, bush 43 left no doubt who he was talking about. >> jeb's a man of humble deep and genuine faith. faith that reveals itself through good works, not loud
words. these are tough times. and i understand that americans are angry and frustrated. but we do not need someone in the oval office who mirrors and inflames our anger and frustration. there seems to be a lot of name-calling going on, but i want to remind you what our good dad told me one time. labels are from soup cans. >> well, trump is responding to president george w. bush. the front runner doubling down on his attack saying the president did not keep the country safe during 9/11. meanwhile, trump told me yesterday on the the lead that this divisive back and forth could hurt his own party. >> as the rhetoric between you and mr. cruz and others reaches this sort of pitch, i wonder if you're concerned that will hurt you or whoever the republican candidate is in the general election in the fall. >> it probably will to a certain extent, but i think we'll get
over it. whoever it is, you get over and you go and you have to fight hillary probably or whoever it might be. maybe it's bernie. i can't believe how poorly hillary's doing. but probably it's going to be hillary because she's being protected by the democrats. >> let's get more on the campaign trail from cnn's athena jones, she's following the bush campaign and white house correspondent jim iowa costa gathering the latest on mr. trump. jim, if picked start with you, trump says that the pitch in this race will probably hurt the party come november, including himself if he turns out to be the nominee, but at the same time, are you seeing any signs of him backing down from the kind of rhetoric? >> reporter: well no. not at all, jim. and we'll have to see how donald trump hand ms himself at this the rally that's coming up here this afternoon in north augusta, south carolina. i thought it was interesting to listen to donald trump at that press conference. just outside of charleston yesterday. even though he was continuing his attacks on jeb bush, almost
stylistically, he was ratcheting things down a notch. he was explaining why he was going after george w. bush. jeb bush brought up this claim that his brother kept the country safe during his time in office for eight years, and donald trump felt like he was compelled to say, no, that's just not true. the september 11th attacks happened on george w. bush's watch, and it was interesting to hear donald trump sort of methodically explain at the beginning of that press conference, when i asked him, well is there bad blood between you and the bush family, no, there's no bad blood. but you know, the way donald trump pivoted away from the bush family for just a few moments to go after ted cruz, and even marco rubio last night, during an event in greenville, donald trump went after marco rubio and said he was sweating so much during that gop debate on saturday, it looks like marco rubio had stepped out of a swimming pool. and then earlier this morning on "good morning america," donald trump was saying about ted cruz calling him a liar and over and over again and saying that he
was essentially on the verge of filing a lawsuit. saying that his lawyers are looking into this. he's taking it very seriously. so donald trump, you know, there's no shortage of targets for donald trump here in south carolina. and it is adding to this overall atmosphere that you were asking donald trump about yesterday, is this such a blood bath that the party can't recover? because jim, we've seen campaign after campaign in these last presidential cycles, whether it was between george w. bush and john mccain or between mitt romney and newt gingrich. the party does heal itself and move on to the general election, although it is an unprecedented presidential cycle. we'll have to see. >> athena, so jeb, he's been part of this fray, more so than earlier in the campaign. what more is he saying this morning as this battle heats up? >> reporter: well, jim, he's made references to donald trump saying that he'll be not an agitator in chief, but a commander in chief. that's a line we hear from him quite a bit. he also ridiculed the idea of a
big, beautiful border wall to deal with illegal immigration from the southern border. and he said it's not a good idea to talk about, for instance, outsourcing the problems with north korea and its nuclear ambitions to china. he made references to trump, but not quite in the same way we've heard on the stage last night. we've seen jeb bush in many events talk about how he's the only one going after trump on the debate stage. he didn't do that so much today. and i should mention, he did also bring up one of his other top rivals, marco rubio. the senator who is his former property jay, he said, you know, rubio argues that he has foreign national security experience because of his committee assignments. i have experience being the commander in chief of the national guard, i think you should pay attention to my experience. toned down a bit when it comes to donald trump today. jim. >> athena, jim, thanks for joining us. let's dive in further to the gop primary race in south carolina, here now to discuss,
also former political director for president george w. bush. matt, first on that topic with w. now on the trail for jeb, do you think this move to bring him out will give jeb a bump in south carolina? >> yeah, i really do. i mean he was getting all the negatives of having the bush family name and all the negatives associated with people who might be upset with his brother's presidency. it's about time he figured out a way to get some of the positives with his mother on the trail in new hampshire and his brother on the trail for him last night in south carolina. i think, look, on the issue that donald trump is hitting jeb bush on, national security, it's 9/11, these are areas where george w. bush gets very high marks. not just from republicans, but from all americans. so, it's kind of a strange attack to me. there are things you could attack president bush on, this is not the area where you should, and certainly not in south carolina. this is all a win for jeb bush. >> see, i wonder if you agree, military bases there, a lot of
military families, do you think that's a dangerous line of attack from donald trump? >> well, yeah. i mean, no one but cold pink wants to relitigate george bush's role in 9/11. and actually, after the debate, you saw code pink come out and endorse donald trump's language or the war. it's a very strange line of attack for trump. probably works with his, you know, small group of supporters, but not that large. the thing that no one talks about when it comes to the bush's and south carolina. i mean, matt's absolutely right, they're very popular in south carolina, it's a military state, you know, it's popular to defend a hawkish point of view, but what no one really remembers is that all jeb needs is a confidence boost. and if all he gets from bringing w. out and seeing his mom on the campaign trail is a bit of a confidence boost, this is a win for jeb bush. the one or two-point upswing in a state poll that's probably within the margin of error, might be the least consequential
benefit of getting the family back together again. >> comments into numbers, i imagine, but matt, the other big story line we've been talking about, growing feud, rubio versus trump versus cruz, everyone calling everyone a liar. let's have a look at one of those exchanges here. >> two of the candidates in this race, donald trump and marco rubio, both have the very same pattern. whenever anyone points out their record, they simply start screaming, liar, liar, liar. it's a very odd dynamic. you're right, it brings name-calling is a not a positive thing in politics. >> so, matt, you heard donald trump say to us yesterday that this could hurt the gop nominee in a general election, do you agree with that, i suppose, and if so, do you think that's going to stop anybody? >> you know we all worry about it because the end, we have to figure out a way to come together and unify, and this is some pretty tough talk, but
remember, bob dole told george bush he was lying about his record. we remember all of these past charges that take place in these campaigns. it always gets heated. people always get called liars, names get called, and in the end, these candidates will come together. what i really worry about more is, do all these trump supporters and ted cruz supporters and marco rubio supporters and jeb bush supporters, will they all come together? when people take on trump so aggressively, they need to remember, they're taking on his supporters as well. and it's imperative for republicans to stitch this coalition together if we're to beat hillary clinton or bernie sanders. >> that is a problem. because in effect, you're calling the candidate a liar, but to some degree, you're calling his supporters liars too, right? they tend to buy that line of argument, right? >> yeah. look, that's always, that's always tough, i think the mistake that the party made in 2012 was completely dismissing everyone else's supporters but mitt romney's. and the party started well, we
don't need them. and we did. we need trump's supporters to attach to someone else if he is not the eventual nominee and same true of everyone else. i don't think donald trump is particularly concerned about the future of the republican party. i think he's concerned about his own future. he's talked about running as an independent. i think he's got very little allegiance to the health of the republican party in the future. that's what i'm concerned about. and so, this race, i think has been damaging for the help of the party in the future. and it'll be up to a lot of us to coddle it back together when this is all done. >> thanks for breaking it down for us. all six of the republican candidates are going to be a part of two town halls this week right here on cnn. they will take questions from voters in south carolina tomorrow night and thursday, both at 8:00 eastern only here on cnn. and up next, today it's not just republicans fighting hard for south carolina, the democrats may sound a bit more civil at the moment, but it is a battle nonetheless.
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nevada democratic caucuses and a week and a half from the south carolina democratic primary, bernie sanders is in columbia, south carolina, today. hoping to prove that after his big win in new hampshire, he could win anywhere. sanders attended a faith leaders breakfast this morning where he predicted the results in south carolina could surprise people, and he continued his push as the anti-establishment candidate. >> without vision, the people will perish. i don't claim to be a biblical scholar, but i know how important that is. throughout history, people have shown incredible courage and saying, we're not going to accept this. i know everybody says, we can't bring about change, right? but we're not going to accept it. >> right now, sanders is holding a town hall in south carolina, he'll be joined there later by
erika garner, she's at the daughter of eric garner who died after being put in a police choke hold in new york. these are live pictures of that sanders town hall. south carolina state representative cesar mcknight joins me now from columbia. he supports bernie sanders. cesar, i understand you were at the faith leaders breakfast this morning, what was the candidate's message today? >> good afternoon, yes, i was at the faith breakfast. and his message has been the one he's been articulating since the beginning of the campaign. that the system in the united states is broken. there's too much campaign finance money with the citizen's united decision, and that the economic disparity between the poor and the rich is growing at an astronomical rate and something must be done. that was his message today. >> so let me ask you a question. there's a lot of talk about whether bernie sanders can break through what's been referred to as hillary clinton's fire wall, strong support among african americans and south carolina
being the first test of this because as a big african american population. i wonder if you believe the message you just described that he delivered at the breakfast is one that can break through -- sorry, are you hearing me representative mcknight, can you hear me? sorry, i think we're having some audio problems with the south carolina representative, we're going to continue that interview right after this break. and we're going to be asking him as well as a south carolina state lawmaker whose backing hillary clinton get their thoughts on who has the best chance coming in this upcoming vote. actually, before we go to break, looks like we fixed that audio problem. representative mcknight, can you hear me now? >> yes, i can. >> fantastic. great to have you back. i was going to repeat the question i was asking before we lost you there. the conventional wisdom is that hillary clinton has such strong support among african americans in south carolina, this fire wall, as it sometimes is referred to.
i wonder if the message you described that bernie sanders was delivering this morning at the faith breakfast is one that can break through and peel away some of that support from hillary clinton? >> it's clear that the message is breaking through and peeling away some support from secretary clinton. if you look at the numbers we have now. when bernie sanders first announced he was running for president in south carolina, he had support of around 7%, now we see that support growing. so it's clear that the message that he's talking, the message he's giving to the communities is one that's resinating with african americans. they know wholeheartedly that the great recession has hurt, impacted them greater than any other community, and they know and can tell that he's honest and sincere when he says he has a way to fix it and bring economic prosperity back to our community. >> before the democratic party primary in your state, sanders, of course has the caucuses in nevada, he needs to win nevada. is his appeal among younger working class americans strong as well? do you see that message appealing to them as well?
>> i'm sorry, could you repeat that, i lost you. >> no problem, can you hear me now? >> representative mcknight, maybe -- appears we're having the same problems we had before. we're going to do our best to fix those. that was cesar mcknight, he's a supporter of bernie sanders in south carolina. coming up next, a south carolina state lawmaker whose backing hillary clinton and get his thoughts on how to beat back this sanders revolution.
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harlem, new york, today meeting with civil rights lead tlers. and at 3:00 this afternoon, she'll deliver a major speech on races. speech comes as clinton hopes to show she has the overwhelming support from minority communities. what clinton supporters call her fire wall. support that her campaign says will give her the edge over bernie sanders in the next two state battles ahead. >> my campaign is really about breaking every barrier because i believe absolutely that america can't live up to its potential, unless every single person has the chance to live up to theirs. >> todd rutherford joins me now from columbia, south carolina, he is the minority leader in the south carolina state house, and a supporter of hillary clinton. thanks for joining us, todd. >> thanks for having me. >> so, you heard your colleague cesar mcknight, sanders supporter say just a few moments ago that bernie sanders' message of inclusion, the spreading the
wealth so to speak is appealing to african american voters, and peeling some support away from hillary clinton. is hillary clinton, are you concerned she's losing some of that firewall that her supporters will refer to often? >> honestly i'm concerned that bernie sanders message is getting through to the wrong people. that as he talks about the things that he plans on doing that he's simply in reality cannot do. he's doing a disservice and injustice here to the people of south carolina, a lot of whom have limited means and in college and believe he's going to be able to pay for their college, he's going to do the things he talks about and he's doing a disservice to the people here listening to him and believing in that message. unfortunately for bernie sanders, his entree into african american politics and those things that are concerning the african americans is about 40 days old at this point. hillary clinton has been doing it for about 40 years. the clinton brand and family has been in south carolina since law school. there are a number of people who personal relationships with the
clintons. that's going to carry over here in south carolina and we believe nationally as well. >> there are though, to be fair, critics within the african american community who going back to hillary clinton's husband presidency talk about for instance the tougher crime laws, the end of well welfare reform, the end of welfare as we knew it at the time in terms of record though, the clintons haven't shown the support that they should have to the african american community. after getting, you know, their so many of their votes in two successive presidential elections. >> those critics are the same people that will criticize just about anything. i've been in the house now frr 18 years and i look back over my voting record and clearly there are some things i would change, the '94 crime bill ran as an independent touting his vote for the crime bill. again, there are things that looking back on them, a lot of people would change. as you look throughout the entire hisry. >> benghazi was never that guy
that people ran to and said we need help with civil rights. we need help, can you come down to south carolina and help us out. can you come to arkansas, alabama, and help out african americans throughout her career. we welcome bernie sanders to the party, but he is clearly a johnny come lately to the issue of plens and their plight. >> we have hillary clinton meeting with civil rights leaders in new york today, one of the series of meetings, a speech on racism later in the day. what do you believe she needs to say to keep african american voters from leaving her for bernie sanders? what do they need to hear from her? >> well, what is clear to me is that by virtue of the fact that the clintons have been involved for so long, she's going to knock it out of the park. she's going to talk about those things not just about law enforcement and how african american men and black people are treated by at the hands of the police. but she's going to talk about things like empowerment, economic impowerment, jobs, things that african americans care about when they care home, they sit around the dinner table. it's not all about law enforcement, it's about moving forward to a future of
prosperity. being included in the prosperity that white americans enjoyed for so long. i believe those are the topics she's going to talk about and she is well-versed in the issues and she's going to deliver this afternoon. >> todd rutherford, thank you, good to have you on today. >> thank you so much. coming up next, marco rubio hoping for a big comeback in south carolina after a big disappointment in new hampshire. we'll call until ted cruz -- will calling ted cruz a liar help his cause? much more with a key rubio supporter, congressman darrell issa, that's after this break.
one breath, trump described cruz as unstable, twice accused him of fraud, twice accused him of lying, twice and questioned his christian faith, the last one just once over. trump has other plans in case his words don't hurt cruz by themselves. >> i'm going to bring a lawsuit because in my opinion, based on what i've learned over the last two, three days, from very top lawyers, he doesn't even have the right to serve as president or even run as president. he was born in canada,ly bring that lawsuit if he doesn't apologize to me. >> the apology that trump is demanding, that would be for what trump says are lies that cruz is telling about trump's positions. i'm joined now by cnn's reporter, shees in mt. pleasant, south carolina, today, trump again threatening this lawsuit. i'm curious, set cruz campaign taking that threat seriously? >> reporter: well publicly, jim, they're not right now. they're very much wanting to move this into the category of
non-serious, file it away in the non-serious category, casting this, they call this errati and unpredictable behavior by trump and really trying to turn that argument into something that speaks to trump's electability saying this proves he doesn't have the temperament of commander and chief. cruz himself, his response it is to mock donald trump over the threats of a lawsuit. yesterday telling voters that he heard that donald trump lost it during that press conference you just referenced and really then to pivot a double down exactly on the allegations that donald trump is taking issue with over his record, trump says he's misrepresenting his reported on all sorts of things, litany of issues that cruz has been arguing against here in south carolina over abortion, over same-sex marriage, largely paint donald trump as a phony conservative. that is such a key part of ted cruz's closing message clear. he is going to stay laser focussed on that, even though of course it is disputed, back to you. >> thank you. covering the campaign.
the liar accusations in the gop rice not isolated to trump. ted cruz is fighting a two-front war with marco rubio. also accusing cruz of lying about his record. today, rubio lashed out once again at ted cruz. >> well, he's lying. and i think it's disturbing. i said that at the debate, he's literally making things up. i don't expect he's going to apologize, it's part of their campaign strategy to not tell the truth, and it's troubling, it really is. >> i'm joined now by republican congressman darrell issa of california, he is supporting ted cruz for support, thanks for joining us. >> thanks for correcting on the name, that's becoming a little sensitive these days. >> goodness, my name gets mispronounced all the time. sincere apologies. >> on this issue of lying, and this is a charge that's being sent back and forth from a number of the candidates right now, but ted cruz accuses ploouk of lying, and one of those
issues is his record on immigration. and when you look at the record though, to be fair, rubio ran in 2010 against a path to citizenship, then he supported, in 2013, exactly that. as part of an immigration reform plan, he now says in effect he doesn't believe that anymore. why is that not a fair criticism from ted cruz to marco rubio on his record specifically on immigration? >> well first of all, if you go to marco rubio's website, we make it as a campaign a policy that when senator rubio says something, we post it. so people can see the video or see the text in its original form. that's the right way to do it. it's very clear that candidates do have a responsibility to correct the record both for themselves and their opponent. and that's all senator rubio is doing is making it clear that senator cruz has offered specific amendments that make it very clear that if he ever were to get to yes on anything, it
would include some of the same exact things he's always accusing senator rubio of. but to answer your question, senator rubio worked on a bipartisan effort to get a bill over to the house to see if we couldn't get an enforcement bill that stayed, some people here developed a guess worker program and eliminated once and for all this limbo that has existed since 1986 when president reagan passed a good bill that never got properly enforced. that's where we are, that's where senator rubio tried to be. but what we found is there wasn't a will in the houses to send back a good piece of legislation, there also wasn't a will among senate democrats to actually make the compromises necessary to have real enforcement first, so that we could get to campaign, sorry, i apologize, to get to immigration reform in a way that would be meaningful that the end this problem once and for all. >> so you're saying, he still
supports the idea of a path to citizenship, but deal with the border war first and then take care of that? >> ever since senator rubio entered, and i first met him, he has said, enforcement first, deal with criminal aliens, deal with the ejection of the whole class of people that shouldn't be here, develop a proper guest worker program, those who qualify for it and have committed no other crimes, other than being in the u.s. might be looked at, but enforcement first, that's the way he's been all along. senator rubio, like myself, supports the fact that we have a front door that allows 1.2 million people to immigrate, legally here, every year. it's about reforming the front door and closing the back door. and he's been consistent since i met him when he entered the senate and began working with him on our investigation to obama administration, fast and furious, benghazi, all of these investigations. he's been a rock solid
consistent speaker of what he wants to achieve. and that's enforcement followed by dealing with those already here, if in fact they would qualify for a guest worker program or some other forum. >> does marco rubio need a strong finish in south carolina? really need it, perhaps even a strong second place following the debate stomach nbl advance of new hampshire and the disappointing finish there after iowa? >> marco rubio made it clear that he made a mistake. he got caught in a trap by the relentless attack of a career prosecutor who has now left the race. and he's owned up to it in a way that politicians normally won't. he also has been answering yours and thousands of other people's questions consistently and spontaneously. you ask him a question, he answers it. he also said, and this is the important thing, he will not again repeat a lie, even when he's under relentless attack. he learned, he won't do it again. let's understand, marco rubio
has had good, solid answers to people's questions that aren't written in somebody's talking points, but in fact, he has researched in national defense, foreign affairs, and all the areas that are so important to americans today. >> let me ask you this, most polls, of course polls can change, they showed donald trump with a very big lead in south carolina. if he wins with such a lead, do you think his momentum will be stoppable by candidates such as rubio? >> well first of all, the more people get to know donald trump, the more they get to realize that he's got democratic talking points, and he has a long history, including his having hillary clinton at his wedding. this is somebody who in that debate the other night, shamefully wanted to accuse george w. bush of causing 9/11. that's a talking point that i saw when i first entered congress. it was appalling then, it's appalling for anyone to do now. it certainly is appalling for somebody who says he's a conservative republican. you know, i know there's a lot
of talks of lawsuits and apologies, the real apology that's owed right now is to former president george w. bush by donald trump. he made a statement that only the most extreme democrats would ever make, and he owes an apology to a president who came with a domestic agenda, was caught up in an attack, not of our bringing, and he responded as best he could. and he responded patriotically for those full eight years. and i think we have to raise the decorum in many ways, but not the least of which is do not start using somebody else's talking points, particularly if you want to be the republican nominee. so can donald trump go on for a while because he has billions of dollars, yes? is he shrinking in the eyes of his strongest supporters, yes. >> congressman darrell issa, thanks for joining us today. >> thank you, jim. coming up next, breaking news on plans to honor the late supreme court justice, antonin
scalia, and we also kbpt to hear from president obama a bit later about his plans to replace the court's conservative. my lineage was the vecchios and zuccolis. through ancestry, through dna i found out that i was only 16% italian. he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian was eastern european. this is my ancestor who i didn't know about. he looks a little bit like me, yes. ancestry has many paths to discovering your story. get started for free at ancestry.com weinto a new american century. born with a hunger to fly 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,
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back now to our lead story, the first word on the final arrangements for the late supreme court justice antonin scalia. a source close to the family says that he'll lie is in repose at the court on friday, and his funeral will take place on saturday at the basilica of the national shrine of the immaculate conception. later today, president obama's due to hold a news conference and you can bet that scalia's passing and the political fire storm that has resulted will certainly come up. the president has already vowed to pick a successor to the longest serving member of the court, and senate republicans have almost unanimously vowed to confirm or consider election year nominations. some cite the thurman rule. the top senate democrat today warned the republican majority they risk their own legacy if they leave a high court vacancy for more than a year. harry reid writes in the washington post, and i quote, it is easy to get caught up in the
partisan swirl of an election year, but i would urge my republican colleagues to remember that the consequences of blocking any nominee regardless of merits would hang over their heads for the rest of their careers. presidential news conference, i mentioned starts at 4:35 p.m. eastern, you will of course see it live right here on cnn. in the meantime, i want to bring in senior political reporter. so you have, not just from harry reid, this argument that senator mitch mcconnell might have painted himself into a corner here with this immediate statement, we're not going to consider. any truth to that? >> certainly that's what democrats hope. the leverage point is going to be the republicans who are up for reelection. and you see different levels of reaction from the members. people have sided with mcconnell, like ron johnson of wisconsin in a very tough race, then on the other side, mark kirk in new york, republican who could lose his seat. we shouldn't discuss this and debate this right now. let's pay tribute to the late
justice scalia, nice punt, but it really underscores the fact that pressure's going to build on these guys. and when there's a name of of a nominee, that's going to change the debate further. jim, chuck grassley just now earlier today, this morning, the judiciary committee chairman did not rule out having a confirmation hearing on that nominee so thereby be a lot of pressure from democrats to hold a hearing. >> interesting from grassley. a name from george w. bush's administration, this is an interesting one, says president obama has a duty to nominate scalia's successor and that the senate has a duty to consider that nominee. talking about alberta gonzalez. have a listen. >> i know there's a big debate going on right now about whether or not obama should nominate someone from my perspective. having worked in the white house and then at the department of justice. i mean, there's no question in my mind that as president of the united states, you have an obligation to fill a vacancy. and so i suspect that president obama's going to do his job, and after he does his job and
nominating a hopefully a qualified individual. the senate will do its job, eventually on its own calendar. >> gop former gop attorney general making that argument there. does that have weight? is that going to move someone? >> it'll give democrats more ammunition to go after the gop, but you know, republicans will say that look, it is -- this is an ill legitimate choice in an election year. a lot of them don't want to the have hearings because they would legitimize this nominee. it would give momentum, potentially, behind a nominee. particularly one who is well-qualified, but if there are cracks in the republican armor so to speak, then it's going to be a lot harder to maintain that opposition, but, even so, there are some squeaky wheel and people like alberto gonzalez, it's going to be hard to get the 60 votes necessary to overcome a filibuster, 14 republicans would have to defect to get that. >> and let's be clear here, republicans aren't the only ones in a similar situation who have said listen, let's wait until
the next election. even some of the voices we're hearing now, chuck schumer, swechb, they said the same thing. do they have a leg to stand on? >> the thing about judicial fights, both parties have taken the opposite position when they're in the minority. happens all the time. chuck schumer argued the opposite thing they're arguing now. mitch mcconnell made the same arguments back in 2008. you're going to see both sides use it against each other just to muddy the waters. >> they're positions of all. >> like donald trump. >> there you go. word's been used before. thanks for joining us. and thank you for watching. its been great to be on ashleigh's show today. we'll be here all week. wolf starts right now after a quick break.
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watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. hello, i'm wolf blitzer, it's 11:00 a.m. in jaurez, mexico, wherever you're watching from around the world, thanks very much for joining us. we begin with the worsening attacks out there on the campaign trail as the republican candidates trade insults in south carolina. the primary there is just four days away, which has led to this between the contenders, and then one famous case, a very famous brother. >> but we do not need someone in the oval off