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tv   The Kelly File  FOX News  February 16, 2016 1:00am-2:01am PST

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last at the past. george w. bush joins his brother's campaign. this is special report. >> good evening, welcome to washington. on this president's gaye, former commander in chief george w. bush is making an appearance with brother jeb, the third member of the family to run for the nation's highest office. but the bush political dynasty is not without its critics in the republican party, as donald trump made abundantly clear saturday night during a televised debate and doubling and tripling down on it today. all of this comes amid the
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backdrop of a hugely important primary set for saturday. >> governor bush had his 90-year-old mom out on the campaign trail last week. tonight george w. his brother the former president hits the campaign trail for the first time since he left office. this is a big part of the bush strategy and one that donald trump has been attacking ferociously for almost a year. >> the front-runner said over the weekend the former president lied about weapons of mass destruction in iraq. >> did you ever ask yourself why his brother went silent for all these years. >> trump was called out for having supported impeaching george w. bush for the iraq war. there's no bad blood between him and the bush family. but now he's breaking his pledge not to run as a third party
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candidate. >> i signed a pledge, but it's a double edged pledge. and as far as i'm concerned, they're in default. >> tickets were distributed fairly, trump's remarks outraged some in the audience. >> i want to tell you. they lied, they said there were weapons of mass destruction, there were none. the world trade center came down. >> you have the gall to go after my mother? >> the next morning trump backtracked. >> if he knew there weren't weapons of mass destruction and used that as an excuse to go in and try to make up for some sins for previous years, they would be alive. >> south carolina has a high military population, and george w. bush is popular here. >> donald trump is trying to hijack the republican party. he's not a conservative or a serious guy. he was unhinged in this debate. he's not foul mouthed. trump called ted cruz a disgusting liar.
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in a statement, threatened to sue him as a canadian ineligible for the presidency, if he doesn't take down his false ads and retract his lies i will do so immediately. >> when donald trump sided with moveon.org and michael moore and the extreme fever swamp left wing on calling for the impeachment of george w. bush, that demonstrated where he was coming from. >> two days after defending jeb's brother in the debate. ma slammed jeb as spoiled. >> i didn't have a rolodex to say these are my dads or moms friends they're going to hire me, raise a bunch of money for me one day. i didn't have that kind of privilege. >> george w. bush did not win the new hampshire primary in 2000, he came into south carolina, ran a bare knuckle campaign, won the first in the south primary, and put him on a path to the presidency.
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jeb bush may need more than bare knuckles, he may need brass knuckles. >> carl, thank you. george w. bush will be talking to hannity today. in just a few minutes, i will talk with dick cheney against allegations against his old boss and the death of cheney's friend supreme court just else antonin scalia. the coming of apocalyptic struggle over judge scalia's seat on the bench has become perhaps the dominant issue in politics this year. think about it, it could become the number one topic in the presidential campaign. this year's congressional session. president obama's final year in office, and naturally, the supreme court agenda. we have fox team coverage, how the case is on the court's docket will be affected by scalia's passing. >> nice to talk to you.
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obviously the president has been overshadowed by the looming high stakes high court battle. it's one that could last beyond the end of his presidency. not on my watch. that's what senate republicans are saying about the prospects of confirming president obama's as yet unnamed nominee for the supreme court vacancy, created by the death of justice antonin scalia. >> anyone with brains would say, this is not the time to pick the next supreme court justice. >> echoing the sentiment of many gop senators. mitch mcconnell said, the american people should have a voice in the election of their next supreme court justice. the vacancy should not be filled until we have a new president. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> in deed, according to article two, section two of the constitution, the presidential have power, he shall nominate
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and with the advice and consent of the senate, shall appoint judges of the supreme court. >> harry reid -- >> for many on the 2016 campaign trail, there's no appetite for an obama high court appointee, regardless of timing or authority. >> the president can nominate whoever he wants, the senate's not going to act. that's pretty clear. we'll be debating it, but we're not moving forward on it, period. >> if he would filibuster any nominee sent up to the hill by the president, ted cruz said -- >> absolutely, this should be a decision for the people. we have an election. >> ted cruz holds the constitution, when he walks through the halls of congress, let him show me the clause that says the president's only president for three years. >> by refusing to let the process play out, they see it as
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obstructionist. >> i think that would be suicide for democrats, in this election cycle where the senate is at stake and also a new president. for this president to force his nomination upon the country is, i think, defies the constitution. >> i just want to share one more nugget i think you'll find interesting. it was chuck schumer in 2007 who suggested to his colleagues that they not confirm any bush high court nominees for the remainder of his term. that would have been a period that lasted around 18 months. to give you perspective, those who say one year without a nomination is too long. scalia's death will have huge ramifications on the supreme court in coming months. shannon breen goes down the list tonight. >> the stakes could not be higher this year in the supreme court. >> justice antonin scalia's sudden death leaves the supreme
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court with a gaping hole. >> the timing throws everything into a state of uncertainty. >> first to consider, what happens to the case if the court is already hurt? privately voted on, but has not yet publicly released an opinion. affirmative action and a key case on whether public schoolteachers can be forced to financially support a union they want nothing to do with. there are a lot of cases the court had reached a tentative decision on, they will have to go back and see if the loss changes the outcome. there were cases that no doubt had been assigned to justice scalia to write the opinion, which will now need to be reassigned, and, of course, in some cases, the loss of justice scalia could mean that the outcome could change. >> for cases that wind up locked in a tie, the chief justice could announce the cases will be held over, even reheard once the bench is back to being fully staffed with nine justices. or if the court issues a tie decision, it leaves the lower court ruling in place.
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there are also critical cases the court has yet to hear. a case brought by religious groups being forced to comply with obama's contraceptive mandate. >> these big cases are coming up before the court. and there will only be 8 justices to hear them. which makes it harder for the court to really do its business as usual without a new justice being confirmed. court watchers expect john roberts will take his time deciding what to do on a case by case basis. brett? >> shannon, thank you. let's get some perspective on justice scalia's life and legacy, and the fight over his replacement. dick cheney was president for eight years and a close friend of scalia's, he joins us from wilson, wyoming tonight.
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i want to talk about your reflections and your late friend justice scalia. if i may talk about the breaking news today. you have the candidate for president attacking you and decisions made by the administration, you heard donald trump accused president bush and his team of lying -- they lied, they said there were weapons of mass destruction, there were none. they knew there were none. your response? >> he sounds like a liberal democrat to me, brett. he's wrong. deliberately promoting those views on the question of wmd. that was thoroughly investigated by the rob silverman condition. they found no evidence to
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support that. on the notion that the president failed to act before 9/11, to stop it, we had no actionable intelligence at that point. there was nothing we could have done and we had no intelligence to suggest there was a general threat. other areas, for example, if you look at what we did in the aftermath of 9/11. we did in fact keep the nation safe for 7 1/2 years, the president put in place important programs, terrorist surveillance programs. enhanced terrorist techniques, all the information we needed to be able to act. they did a superb job. for mr. trump to suggest that in my mind is way off base. he clearly doesn't understand or has not spent any time learning about the facts of that period. >> it's not just the debate on
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saturday night, which obviously got very heated today at a press conference he doubled and tripled down on did president bush and his administration make the country safer? take a listen fp. >> what does that mean he kept the country safe after 9/11, we had this major catastrophe after that, what does that mean after. what about during 9/11, i was there, i lost a lot of friends that were killed in that building. the worst attack ever in this country, during his presidency we had the worst attack ever. by the way, after that, we did okay. the team scored 19 runs in the first inning, but after that, we played well. i don't think so. >> this is the lead candidate for the republican nomination. >> yeah, it's hard to tell sometimes isn't it? >> he -- the fact is, that if you're going to look to try to find some way why you could blame someone for what happened
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on 9/11, it would be an intelligence failure beforehand. the previous add american station -- i think bill clinton's even suggested or it's been suggested that he had an opportunity to take bin laden out before 9/11 or he failed to do it. as soon as we were hit by 9/11, i know a little bit about it. i was in the white house bunker all day. i didn't see donald trump there, i've never seen him involved in anyway that would lead me to believe that he had any firsthand or practical experience about it. >> you do see -- >> it's a zboimt frankly, that he's acting that way, i haven't endorsed anybody, i don't have an axe to grind in terms of that, but i think it's misleading for him to campaign on that basis. >> but if he won the nomination, would you support him? >> i've said i'll support the
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nominee of my party. if he operates the way he's operating, sounding like a liberal democrat, i don't think he'll get the nomination. >> but if he does, you would support the nominee? >> i've always said i would support the nominee of my party, that's been my traditional practice. >> you do see his support tapping into the anti-establishment anger at not only the obama administration, but going back to your administration you served in? >> right, i think one of the disappointing aspects of what he's doing, i think especially evident back there in south carolina is the way treats knees issues, does a great service -- tremendous disservice for the tremendous record of our military who put their lives on the line during that period of time. we were very successful in iraq, especially with a surge in '07 and '08.
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by the time that barack obama came to town, with drew presence from that part of the world and isis emerged after that. you have to tell the whole story if you want to focus on those events, and, of course, mr. trump never does. >> i wonder if you can get into the political view that's really driving this coverage about whether president obama should nominate a successor to fill the vacancy, whether the majority should block that process from moving forward? your thoughts? >> i'm not a senator obviously at this stage, i don't have a vote. i think the senate republican leadership has addressed the issue, certainly obama has the prerogative to nominate someone. it will be up to the senate to decide how they want to proceed. it's a very, very important issue. it's not just another appointment obviously, trying to
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replace a man of the greatness and capabilities of scalia, especially on the kins of issues coming up down the road. i think the senate republicans should take a careful look at it, i'm of those who believe that it would be best if it was left until the next president was elected. >> you have fought for strong executive powers. you were often talked about article 2 section 2 of the constitution. and have even talked about federal judicial appointments having up or down votes in the senate. why would this be different? >> well, i think what we're talking about here is an extraordinarily contentious debate. it's a crucial moment in our history. i think the fact that obama is perceived by many in my party, and i think others as well too, having played fast and loose with a competition himself. going-forward with a series of
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executive orders on things like the environmental protection agency, things that congress wouldn't pass. he's been moved to try to put it in place with the coleman. the supreme court just a couple weeks ago, put a hold on the implementation of that plan because the constitutionality hasn't been tested and is suspect in many ways. i am an advocate of a strong executive, but i'm not supportive of somebody who's operated the way president obama has, where i think he's played fast and loose if you will with the constitution. >> tell us about antonin scalia, the man you knew. >> well, our -- basically our relationship is that of friends. we started about the same time in washington, he worked in the justice department, i was working in the ford
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administration, we became close friends over the years. we didn't have any places where our paths crossed from a political standpoint. he was a judge and i was a political appointee. we spent a lot of time hunting together. just last fall we hunted in california and then down in louisiana. he had this tremendous intellect. great gift of historical perspective on the constitution, but at the same time, he was a delight to be with. great sense of humor, loved to laugh, and close friend that will be sadly missed. >> mr. vice president, stand by if you would. when we come back, more from vice president cheney on other hot topics of the day and places around the globe.
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we're back with former vice president dick cheney. you knew justice scalia socially, professionally. was he the same in private as he was in public glimpses we received when we saw him in public? >> generally, yes, but it was very complex individual in person, there were many facets
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of his personality that were very appealing and very attractive, whether it was perhaps the greatest conservative jurist of his time. on the one handzusing major matters, public speeches, the opinio opinions he wrote on the court. on the other hand could you go out on the duck blind and -- he loved life. he was great fun to be around. >> i want to ask you about a couple other items. dmitri medvedev said the relation has devolved into another cold war in his words. vladimir putin talk about the things in aggressive statements as well in recent days. what do you think russia's ambitions are now. >> i think they proceed weakness on the part of the united states. and the obama administration, i think they've acted accordingly,
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we've seen their move, for example, in the ukraine. more recently in syria. i think he would like very much to reclaim part of the old soviet empire if you will, he would like to undermine nato, maybe find ways to peel off the baltics from a membership in nato, and i think he thinks he can get away with that, because he's gotten away with so much already. the relationship that he's had with president obama has been based up in the perception on his part, that obama is pretty easy to push around, and he's done it. >> north korea has launched a rocket. there's a lot of fault to go around with democrat and republican administrations, including the one you worked for. would you -- what would you do about the increasingly aggressive nature of north korea? >> i think we have to go back and resume the course we were on
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before the obama election, we would work very hard in the reagan administration especially and then the bush administration on missile defense. on being able to deploy the capability of shooting down missiles. we negotiated an agreement with the poles and czechs. and be able to field missiles capable of shooting down hostile missiles. ballistic missiles coming especially from iran, for example, and the middle east. once we got that negotiated and ready to go, president obama came in and cut the whole program. he cut into the basic defense system we deploy on the west coast. we're talking about deploying now with the south koreans, i think the best thing we can do is make certain we have the defenses necessary to take down anything that the north koreans might shoot at us or friends in the region. we can do it, we have the
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technical capability to do it. but we have to get a new president and leadership. another case where this administration has backed up and gone soft as you will, in terms of their responsibilities for defending the nation. >> finally, you haven't weighed in i don't think on the investigation into hillary clinton's e-mails. there are i think almost 1700 new that listed as classified. what's your take on this investigation and where it's heading? >> all i know is what i see in the press, it's a very serious matter. you have a secretary of state who should know better, all of us who hold those positions. you're briefed thoroughly and reminded constantly of the sensitivity of the materials you're dealing with. i don't understand why they set up a separate system. i have never heard an
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explanation why she needed a separate e-mail that had classified information in it. if you look at what happened in other cases, sandy berger, who was his assistant he got into trouble handling -- mishandling classified information. we saw what happened to general petraeus. this is a serious matter. and it raises questions in my mind about the fitness of secretary clinton's service as commander in chief. >> thank you for your time. our condolences for the loss of your friend justice scalia.
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russia's being blamed by a serial watchdog group nor attacks in at least two
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makeshift hospitals and a school in northern syria today at least 8 medical staff members are presumed dead. ban ki-moon says close to 50 civilians were killed and there were missile attacks on five. medical facilities and two schools. the state department is condemning the attack on violations and obligations. but is not directly blaming russia. >> pope francis celebrated a mass in three languages today for mexico's indians. as part of the church's outrage, the visit marks the midway point in the five-day trip to mexico. the focus of the democratic presidential campaign is nevada it's appropriate to say hillary clinton has a lot riding on what goes on there over the next few days. right now she's at a get out the vote event in reno. that's where ed rennry is tonight. >> hillary clinton was supposed to be in florida today. but abruptly changed her plans
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to stay in nevada after spending two days in las vegas. bernie sanders is gaining on her, in another key battleground. ahead of saturday's first in the west caucus. >> i'm hoping to get your support so i can go to work for you. i am not a single issue candidate, because this is not a single issue country. >> his speech is hitting on his socialist plans for single pair health care and free college tuition are drawing packed crowds in vegas. >> people come out in large numbers on caucus day. we're going to win in large numbers. >> he's already looking ahead to some key battlegrounds on march 1st, like colorado where he had a massive rally saturday night. >> we had 18,000 people coming out to a rally.
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i think we're looking really good with a lot of momentum for super tuesday. >> it may not help that over the weekend the state department released another batch of clinton's e-mails, there were 84 more with classified information. >> she's still confident of a victory here in nevada an has been working every angle. including a breakroom at ceasar's palace. just in case of a nevada loss, clinton is taking out insurance policies in places like texas, the super tuesday state that's getting an early visit from her this saturday night when the caucus results are still coming in. >> thank you all for showing up. >> bill clinton is headed to texas monday. today was in riviera beach. pinch hitting at that event hillary clinton had been planning to attend in florida. >> she is running to build a community of all americans. >> clinton next goes home to new york to meet with al sharpton
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tomorrow, playing catchup with sanders who had breakfast with the senator last week. >> ed, thank you. the storm is brewing over the death of supreme court justice antonin scalia. who gets to pick his replacement, we'll talk 2016 and former president george w. bush campaigning for his brother right now live in north charleston. we'll listen a little bit as we head to break. for those of you who are not bilingu bilingual, that means the boss. i think the voters should vote for the candidate who has the most opinionated mother.
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tough polyear. i think almost anybody with brains would say, this is probably not the time to pick the next supreme court justice, because there's too much infighting with both sides, a lot of bad feeling on the republican side. republicans consider to be outside of the constitution. >> the republicans are talking about the republican playbook, not what the country needs, but what the republican playbook says. this is the playbook we should follow. the constitution -- >> senator leahy, senator hatch about replacing the late justice antonin scalia, this is what senator elizabeth warren said today, posting article 2 section 2 of the constitution, the president of the united states nominates justices to the supreme court with the advice and consent of the senate. i can't find a clause that says except when there's a year left in the term of the democratic
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president. senate republicans and democrats took an oath abandoning to uphold the constitution, it would prove that all the talk about loving the constitution is just that, empty talk. syndicated columnist, charles krauj hammer. does she have a point? >> half a point. i think he's right, he has a duty to send up. he can send it to the senate, the senate judiciary committee chaired by senator grassley, can refuse to hold hearings. they can hold hearings and vote the nominee down or third they can send it to the floor where mitch mcconnell refuses to schedule a vote. or he can schedule a vote and defeat it.
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all those are within the constitution. >> but two of those four david, do they provide problems for republicans in an election year if they block either the hearing or the vote on the floor? >> the obstructionism charge which you're hearing from democrats, that is the bell they will ring if republicans don't allow a vote. it takes 68 days average supreme court confirmations. we have 340 days left in obama's term, there's enough time to do this, and the republicans have the votes to stop any pick. what if president obama puts up a consensus pick, someone who's gone through, already confirmed by the senate at the appellate level. >> and general lynch. >> someone who's been through the process before. he dares them to defeat it, a lot of the republicans are saying, we're not going to have that vote. i think that's the calculation to make. we know they're going to defeat
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whoever he puts up, will he take the vote? >> he had been confirmed earlier to the d.c. circuit court. he was denied by democrats, there is nothing wrong with turning down a nominee who had been okayed for a lower office. the argument is from elizabeth warren and the others on both sides are completely hypocritical almost embarrassingly so. if the circumstances were reversed, if there were a republican president who was in office. and he were to nominate someone in the last year whose presidency were the democratic congress. they would be making the reverse argume argument. in fact they made the reverse argument. and chuck schumer said he would recommend -- there's 18 months to go in the bush administration, 18 months to go, and said he would recommend to liz colleagues not to confirm any nominee from this president. this is all -- it's nothing but
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raw power. the future of the court is at stake, the future of the scalia legacy is at stake. whatever the effects on the election, however much the democrats play the obstructionism charge it pales in comparison with what would happen if scalia were replaced by seating another elena kagan. >> it's one thing if they turn him down, but it's another thing if they refuse to hold a hearing. >> i think this is the moment of his life for mitch mcconnell. he knows the rules, he knows how to get around things fp this is purely a decision of political decision, how best to turn this guy or girl down, whoever it is. and it could go one way or the other. that's nothing but tactics. in the end the republicans have to be absolutely united on the fact that they will not accept an obama nominee one way or the
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other. >> i think that's right. and mcconnell can be trusted. the interesting question to me is how this effects the republican race going-forward for the nomination. >> marginally, by making the supreme court helpful. he's the most sophisticated healthier in the race, he clerked for the chief justice of the united states. in that capacity he argued cases before the supreme court, so he understands the dynamic of a small face to face society. this should be a difficulty for mr. trump for a number of reasons. the decision i think that republicans probably hate most in this century so far is kelo. i'm on the domain, he's said he loves. he has a penchant for executive power that doesn't seem to conform to the con sti fusional boundaries. he's a convert to the pro life side and he's forever
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threatening to sue people because of a speech he makes that he doesn't like. >> there are some republicans looking at this, ayott, johnson in wisconsin, they're up for re-election, and how the tactics work affects them. >> watch those swing state senators in very tough senate races. the senate's at stake here too for republicans, but there are -- there is a subtle difference between the republican presidential candidates on this, articulated in the debate. bush and kasich said they would be okay with putting up someone that was a consensus pick. rubio and cruz -- no vote, no process at all. i don't think they're pushed on it. there was a distinguishment between the two candidates. >> trump put up a couple names during that debate as well. >> the presidential campaigns.
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fellow america and i know we face enormous problems but i also know he can deal with them, handle them. i'm not an expert in a lot of things, but i'm pretty knowledgeable about what it takes to be president since i were one. and he has got what it takes. he has character, backbone,
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philosophy, vision. he can deal with crises and he would make a really good president. >> president george w. bush talking with sean hannity alongside his brother jeb as they are campaigning in north charleston. we're back with the panel. david, how much a difference in south carolina does this campaign trip make? >> look, jeb has put everything now into south carolina. the press releases saying this is his strongest state. jeb a few months said he was going it win south carolina. all you hear about is how president george w. bush is amazingly popular there. but trump has now made south carolina primary, i think, a referendum on the bushes and whether you can disthem. because the stuff that's coming out of his mouth at a press conference today in the debate about 9/11 the not only saying it happened on bush's response but saying is he lied about
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wmd's. this is scathing stuff. it is not going to matter. everyone predicted his fall before. no one knows it doesn't matter.v[> by the way, he hao press conferences. tkoñqále while ago.started a two press conferences today. inserting himself into the george w. bush, jeb bush story. any reporter is going to ask what trump said. what about this tactic? look, this is a very high stakes gamble for a guy who has got a 10 or 20 point lead in the state that would send him on the way to the nomination or make him the favorite if he wins by something like that margin. he didn't have to gamble. this you wonder whether it's a calculation or was it just a reaction in the debate where it got the best of him? with trump, you never know, although he has cleverly done that taken risks in the past and never been injured by it. maybe he figures if jeb is
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putting everything on his relationship with his brother on the family and he attacks him head on, this could be a place where he takes him down and stays the run away front run are. it's a gamble. i mean, when you begin to sound like michael moore, you are praised by code pink openly, and you are saying things that even leading democrats will not say, that you deliberately led us into war, knowing it was a lie, that's pretty extreme. if he gets away with that, without some diminishment of his support, that means he really is teflon don. >> meantime the democrats are out in nevada pressing their luck out there, bernie sanders and hillary clinton. take a listen. >> everything in my political gut tells me that we have the momentum here are in thisiz state. [cheers and applause]
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that if people come out in large numbers on caucus day, we are going to win here in nevada. >> he wants to move toward what he calls single payer. i agree, the goal is great. we have got to get everybody covered. get costs down so everybody can afford what they need. i think the last thing our country needs right now is to be plunged into another contentious debate about healthcare. it will gridlock us. >> commonning from hillary clinton i'm not a single issue candidate. that has come up again and again and again. >> what candidate is she? she lost in 2008 to barack obama in part because she did not take seriously the caucus states. now, here is one that she is obviously taking seriously because she cancelled the event in florida. her people sort of managing expectations said well, nevada is not her style because it's 80% white. it's not at 70% white. it's actually should be in her wheel house for the following reason. it is after new jersey and california the most
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urbanized state. 73% of nevadaens live in one metropolitan area, the clark county, henderson, las vegas area. it's heavily because of the casinos. she should do well there. but, one metric of momentum number of donors and size of crowds and she is>iúru5eñ getting crushed by sanders who also, in the sign of confidence is saying by the way, the 350 super delegates, we have to challenge as anti-democratic. >> it will be an interesting week ahead of nevada and south carolina for the republicans. that's it for the panel. stay tuned for a final sendof
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finally tonight we have to stay one more goodbye to the nfl. the denver putting in the spotlight. others getting attention in the latest bad leadership
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lip reading video. >> don't touch that. >> i hate that guy. >> i think your breath is, oh, maybe it's like a dead rodent. >> what kind of rodent? >> a dead rabbit or so [gagging] >> that happens when i drink sauce, that's all that was. >> something going on after work? because i didn't get an invite to the amazing -- >> -- hurt me, hurt me, hurt me. >> got to stir the bowl. >> stir the bowl. >> thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. ♪ ♪
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>> the best noenlts from the music's biggest nights. >> george w. bush returns to the campaign trail as donald trump ramps up the attack. >> i came here for two reasons, one because i care deeply about jeb and two because i care deeply about our country. >> hillary clinton's clan has gone to the dogs. >> do you recognize this lady? is brand new trouble for the disgraced university of missouri professor. "fox & friends first" starts right now.
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>> you are watching "fox & friends first" on this tuesday morning. nice to have you here as always. >> nice to be with you. i am lea gabrielle for ainsley earhardt. >> i am heather childers. >> music's music night falling a little flat. both performances and big slipups. we are live with the highlights and low lights. >> social media is buzzing over last night's star studded affair and no one is letting adelle's audio nightmare go unnoticed. ♪

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