tv The Real Story With Gretchen Carlson FOX News February 16, 2016 11:00am-12:01pm PST
shape. the state already built a brand new bridge alongside it. it's already open. >> good thing they built that first. >> smart planning. >> thank you. . >> the real story are gretchen starts now. >> thanks, guys. republicans in a final sprint before the south carolina primary. hi everyone. i'm gretchen carlson, this is the real story. jeb bush getting a boost from brother former president george w. bush. earlier today jeb was talking and taking aim at donald trump during a town hall meeting in columbia, south carolina. >> the leading candidate for president on our side says we don't need to increase spending for the military. i guess he thinks he can use his skills to somehow magically bring to light the weapons necessary to keep our war veterans safe. >> trump threatening to file a
lawsuit now against ted cruz. carl cameron live in columbia, south carolina. trump warned people he would sue cruz. he said it before and said it again yesterday. what's going to happen here? >> he's also predicted democrats would sue him and kept his attack on ted cruz and in trump's mind there by being ineligible to be the united states president and said that he didn't necessarily intend to do the lawsuit himself. yesterday that changed. donald trump said that if ted cruz doesn't apologize for some nasty attack adds and some of the assertions cruz made that trump considers to be lies, absent an apology he'll personally sue ted cruz and try to prevent him from going forward as a political candidate. it's widely regarded in order to wave a lawsuit you have to have some sort of standing. there's been a number of
democrats to put the cases forward. the judges have not been able to determine standing. no one thinks it's going to get that far. most conclude this is another one of trurch's empty threats. that's not all he did yesterday. he also said he might break his loyalty pledge. donald trump is the only guy who put up his hand saying he would run as a third party candidate. he said he might do that because the republican national committee stacked the deck at the last dewait the republican party is obviously watching closely to see if they'll be forward on that. >> i don't know why he would because he's in the league. anyway, how are the two florida's doing in south carolina? >> beating each other to a pulp.
they've within going at it more and more aggressively. to a lot of minds, south carolina has become sort of a four man race with donald trump and ted cruz at the top of the pack and marco rubio third and jeb on his heels. it took a couple of days off the new hampshire primary. the rubio bush battle was added to last night when george w. bush was here. he did get a boost. it was the biggest audience jeb has had really since he had announced his candidacy last year. >> no doubt. clock ticking down now on the first presidential contest out west. despite voters there heading to the polls saturday, hillary clinton today is in new york while senator bernie sanders is
in south carolina. ed henry is live from the latest with the democratic campaign trail. hillary left nevada to come back to new york and i recall another candidate doing that last week. what's the strategy? >> you're right. hillary clinton playing catch up. hillary clinton today decided to do much the same. several other civil rights organizations in saying she wants to hear about their agenda. watch. >> we have work to do. i know very well both of my campaigns and more importantly my presidency if i'm so important to be in that position must reflect the thinking,
planning and proposals of people like you around the table. >> did you catch that? my presidency if i'm fortunate enough to get there. >> okay. so bernie sanders serging in nevada now ahead of the caucus. can he do the same thing in south carolina? >> that's a big question because in south carolina democrats vote a week from saturday. so first nevada here, this coming saturday a month ago hillary clinton had a 25 point lead local and political says they've seen that sink. today bernie sanders in south carolina as he noted trying to reach out to young la teen knows and young african americans in south carolina which will be important. here's how he made his pitch. >> if we didn't dream, does anybody here think we would have an african american as president of the united states today?
>> he's trying to do two things with that one sentence. reach out to african americans and also saying if we didn't dream we wouldn't have an african american president. >> all right. no doubt about that. ed henry, thank you. former president george w. bush never mentioned donald trump by name but he sure seemed to talk a heck of a lot about him with a few jabs last night. listen. >> i understand that americans are angry and frustrated but we do not need someone in the oval office who mirrors anger in frustration. >> if the exspt campaigning for his brother, i think he's probably open to great scrutiny, maybe things that haven't been thought of in the past.
>> larry, right or wrong for the former president to not really name donald trump and will it make any difference to help his brother jeb? >> well, george bush is showing a lot of class here. he's always been a class e guy and it's nice to see him out here again. i don't know if it helps jeb. it shows how adepth george bush is. i know you got plans for not being a great speaker. boy, compared to jeb, he looked absolutely polished and on point there. i don't know if that comparison helps jeb or not. as a republican voter, i don't know what i'm suppose to make of this primary at this point, gretchen. i got donald trump out there basically telling me for the last 15 years standing by george w. bush and the decision to go to iraq was built on a lie which is like a michael moore talking point. it's having a lot of voters to
reverse course. >> unless it's a calculated move, simon, nobl donald trump does anything not thought out. in fact, i will go as far as to say he's a better politician on the stage. could he have possibly been doing this, can't imagine why else to try and get democratic vote voters? >> i think part of trump's thing is running against the establishment. it's heavily influenced by the bush years. i think it was remarkable. i agree with larry. if somebody has been in the game for a long time to hear the leading republican candidate basically say in fact the republicans didn't keep us safe when there was a republican president and he let the country down, it sounded like a democratic talking point. these are things i said many times. it shows how much he's trying to
distance himself from the establishment republicans in washington and been successful so far. >> that's the big question, guys. whether or not that will effect the voters in south carolina. we'll get the first polls here at fox in about 36 hours so we'll see. in the meantime, bernie sanders raising a boat load of cash since winning the new hampshire primary taking in $7 million with an average donation of 34 bucks. it took hillary clinton all of january to raise 15 million while sanders took in 20 million. larry, everyone said except for this show for the most part that bernie will never be the nominee. really? >> yeah. you know, that firewall isn't looking very big anymore is it in nevada nor south carolina? she's in free fall right now. she really is. simon pointed out she has serious money problems and spent a lot of time raising money for super pacts in the dmc instead
of her own campaign. what's remarkable to me, gretchen and simon, i would love to hear your response, she's making all the disastrous mistakes she made eight years ago and it seems to me it's a sense of entitlement and her turn and everyone needs to roll over for her, it's biting her right in the, you know. >> the you know what. she realizes it now because the campaign is in more panic mode. simon, your thoughts. >> everyone underestimated bernie sanders and what's been amazing to me and i wrote about it in my piece today is that he's not only been a strong candidate but his campaign is incredibly strong. they're spending more money in nevada on television adds as they have more field organizers than the clinton campaign. this is becoming a significant national campaign and what it means is we go to the next phase where they got to compete in 20 states in the next couple of weeks. he could have an organizational
and financial advantage over hillary. who would have thunk that. by the bernie campaign. >> if she's this bad running a campaign, what will she be like trying to run the country, simon? >> i'm not sure about that but he's the real deal as far as guys doubting donald trump as well. death of justice scalia is going to impact which cases the new court actually takes on. and remember this, guys? this great illinois governor, his name use to come off my tongue like no problem. not anymore. his conviction appeal is pending in front of the supreme court right now. how could scalia's absence effect his case and other politicians behind bars? >> [ bleep ] [ bleep ] and when i get to that only 13% of y'all think i'm doing a good job so [ bleep ] all of you. diabetes, steady is exciting.
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can do for you. call 877-644-3100 back to the real story. former miss america contestant in critical condition. former miss new jersey 2014 drivering in her convertible when she slid off the road and hit a tree and then spun around and struck two more trees before landing down in an embankment. she was alone and wearing a seat belt. currently an anchor at snj today. the cause of the crash under investigation and of course, we wish her a speedy recovery. mourning the death of scalia, new images coming in
slow black claps on the bench and courtroom doors to remember him. it's a tradition in place since 1873. his body will lie in place there friday. meantime, the court's work must also continue. krntly, there's 24 pending cases of which the court heard arguments that had not handed down a decision. justice scalia's vote will no longer be a factor in those. at the same time chief justice sean roberts will be redesigning any opinions he's going to write. remember this, conservative justices will be losing their clout when it comes to halting cases they do not wish the hear. tim o'brien covered the supreme court for two decades. jim, great to have you on the real story. >> thank you, gretchen, nice to be here. >> what happens to these 24 pending cases? >> well, in those cases and cases still to be heard, it's the same deal.
some will be affirmed by a 4-4 vote and some will be scheduled for argument next term. you don't know which. i think the justices will take that up. it's difficult to predict those cases. they'll be reassigned to another justice. some will be seen. the chief might still suggest someone write and pick up another vote and make it 5-3. i don't expect anything immediately. probably the end of the term. >> let's talk about specifics. former virginia governor bob mcdonald, his appeal before the supreme court pending. what do you think will happen? >> well, arguments will be scheduled in that case in april. i don't think it helps mcdonald he's not going to be there. he's been a big fan of political patronage. there was one case several years ago what he thought was political patronage the supreme
court thought it was an illegal contribution. he wrote i woke up this morning wondering what country i was in. it doesn't look like the united states of america. the mcdonald case is close. you don't know until you see the arguments and read the briefs which are not in yet. >> let's talk about former illinois governor rod, remember when it use to come off the tip of our tongue? he's back and his case is going before the supreme court as well. what do you think of that? >> it takes four votes to have a case heard. the odds are probably against him. there's no way of saying what effect scalia's absence has on that. >> what is your opinion about what will happen with regard to the time line. let's say the president does put up somebody in the next couple of weeks or days. it's nothing that happens
quickly. >> i think the court is going to be somewhat dysfunctional for the next two years unless someone is confirmed promptly. there's discon generalous on both sides. my advice to the president do whatever you can to get your man or woman through. the stakes are so enormous. the next justice may tran sent the election of the next president. >> well said. tim, great to have you. thank you. >> iran trying to boost military ties the russia. that effort on full display with iran's defense minister meeting with both counter parts and russia president putin in moscow. hailing the high mutual respect between the two countries. russia and iran striking a contract for several long range missles. this comes amid-word iran plans to sign another deal with russia
to purchase fighter jets like the one seen here. a deadly week for the men and women in blue protecting our streets. is there something behind the trend of police officers being killed and why aren't you hearing more about it? plus gas prices dipping low. how low that might actually go. that brings us to our question of the day. what is the cheapest price of gas you've seen in your neighborhood? what do you plan to do with your savings? looking forward to seeing what you have to say about this one.
welcome back to the real story. a deadly week for police officers. at least six officers and deputies killed in these different locations all across the country. trace is live with more on this. trace, we haven't heard a lot about this. that's why we wanted to do this story. what did you find out? >> well, we're 47 days into 2016 and it's shaping up to be a horrifying year for law enforcement considering this time last year we had one police officer shot and killed. so far in 2016 we've had eight. six as you mentioned in just over a week including a fargo officer mortally wounded in a stand off. a georgia police officer killed while serving a warrant and two maryland deputies shot and killed outside a restaurant by a man wanted for assaulting a florida police officer. listen. >> they left us a gift of how to protect yourself, what to look out for and to be careful
because every single call you never know what's going to happen. >> a spokesman from the national law enforcement memorial fund issued a statement quoting i cannot recall any time in resent years when six law enforcement professionals had been murdered by gun fire in multiple incidents in a single week. last year, 42 police officers were shot and killed. we are now on pace to nearly double that number. many police unions around the country have publicly called out the obama administration for jiting up the rhetoric of police involved shootings and we should note both democratic presidential candidates made strong comments about police brutality with bernie sanders comparing some big city police departments to occupying armies. donald trump has called police the most mistreated people in america. >> very interesting. thanks so much for looking into
that, trace. senator marco rubio looking to take over the white house in part to overhaul is old job in the senate. what do his co-workers in congress think about setting terms on their job? plus president obama pushing to name a nominee to replace justice scalia next week. we're going to ask former attorney general who worked in the bush white house why he agrees with democrats that obama shouldn't wait. >> other than putting young men and women into arm's way and going to war, the decision by the president of the united states, who to put on the supreme court is probably the most important one that person has to make. in as few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast. abreva. i'm here to get the lady of the house back on her feet. and give her the strength
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bottom of the hour, thanks for keeping it here. supreme court justice scalia's death could make it impossible to pass legislation this year. mitch mccolonel has said any nomination from president obama is not going to go anywhere. republicans still need six democratic votes to consider other legislation. that sets a stage for possible big time grid lock. chief korz pond nt live on capitol hill. will the next supreme court nominee get a hearing? >> that isn't clear at this point. chairman chuck has not ruled out
allowing a confirmation hearing. senator mitch mcconnel says he won't allow a floor vote. conservative senator running for president agrees. >> the entire balance of the court hangs on the ballots here. i think we should make 2016 a refer remember dumb. let the voters decide. >> part of it from the republican view is scalia's stature on the high court. >> what are the top dems saying about this upcoming site? >> they're saying they hope mcconnel will reconsider and some are predicting the republican leadership will cave as in 2013 when there was a huge outcry and the republican leadership had to back off. the same happens now and they'll have to back off the extreme partisan stance. we should know they face competitive races in november. portman and ohio, wisconsin and
illinois to name a few. another top democrat predicts there will be a political price to pay. >> if the republican leadership refuses to even hold a hearing, i think that is going to guarantee they lose control of the senate and the american people will not stand for that. >> democratic sources i've been talking to say they predict the president will nominate someone who has been vetted by the senate for another post making it difficult for them to say no this time. gretchen. >> michael, thank you. hillary clinton slamming republicans who want to wait for the next president to fill the vacant seat on the supreme court. as for complaints this is election year, 1988 was an election year and justice kennedy was con fermed 97-0. then this. 339 days until the next president takes office.
. al ber toe served as attorney general. he's deemed now at the belmont university. from my perspective having worked at the white house there's no question in my mind that as president of the united states to fill a vacancy. that's the law, right. >> that's a job of the president. for vacancy reserves to nominate a qualified individual. they will take an up or down vote at the appropriate time after the hearing for the judiciary committee. as well as the nominee qualified by virtue of experience and ideology and integrity.
i want you to note what jeb bush said about this. >> the president has the right to nominate. it's embedded in his rights in the constitution. the senate has the right to not take it up or take it up and vote them down. >> sounds like he agrees with you. >> listen. it cuts both ways. when president bush was in the white house, we had obstruction by the democrats. the democrats are not speaking here on moral high ground. they have dirty hands as well. this is what happens. the confirmation process has become plit sized. hopefully, the judging process, the work that actually occurs after the supreme court becomes plit sized as well. >> real quickly. i want to get your thoughts on supreme court term limits. this is something marco rubio put out there yesterday. something about 18 years being maybe the right period of time.
instead of life. what do you think? >> why 18? why not 15? why not 25. unless there was an example of someone serving on the court for so long they could not physically do the job. listen, i don't see anything for any change like this under the constitution. >> it's interesting scalia talked about this and said this. so long as you stay awake on the bench and don't drool there's nothing they can do about it. i want to get your thoughts on the story going on. republicans what's going on. it's passed on to attorney general loretta lynch, your old job, there may be a conflict of interest to put it lightly.
what do you think about this? >> i don't know. the attorney general will have to decide based upon rules within the department of justice as to whether or not she should rekuz herself from the decision ultimately as to whether or not to bring charges against secretary clinton. so there's a procedure in place already to hopefully deal with this kind of conflict and i have confidence that the attorney general will do the right thing in this case. >> but they don't, the attorney general doesn't have to act, right. but the fbi can give recommendations but then it's up to the attorney general, right. >> absolutely. the fbi investigates and based upon the information fbi then the prosecutors make the decision as to whether or not to bring charges and go to court. >> great to see you. be well. >> good to be with you. >> time now for my take. don't think for a minute if there was a republican leaned up president in the office now we
wouldn't be hearing the same thing from the left we're now hearing from the right. how dare a president in his last year pick a justice he wants? fox news alert. every president tries to pick candidates with whom their idea logically aligned. what i find far more interesting is somehow those picks end up being not what they will be. chef justice roberts. then senator barack obama voted against roberts and yet in an ironic twist roberts not once but twice single handedly saved obama's policy, obama care. it's also interesting to note what justice scalia may have wanted in a successor. in a largely overlooked part of his consent from the supreme court's decision in june saying yes to same sex marriage, he talked about the make up of the high courts saying this. the court consists of only nine men and women, all of them successful lawyers who studied at harvard law school.
not a single south westerner. maybe scalia was saying in making those decisions supreme court justices should be more like the rest of us. coming up, four of the world's largest oil producing companies trying to put the bricks now on drilling. one country defined the plan not even showing up to the meeting. when we may see gas prices start to pick up and how it's going to impact our economy. plus donald trump tearing into former president bush over the iraq war and 9/11 if he starts to campaign for jeb. why republicans are coming out of the woodwork to tell mr. trump they think he stepped over. incredible bladder protection from always discreet that lets you move
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six patients in desperate need of health could have trouble getting it. officials in southern california say hackers have locked out their computers blocking critical files and causing some patients to miss treat them. how could this happen and what are hackers demanding? coming up at the top of the hour. >> back to politics now. the 9/11 blame game taking center stage with donald trump and senator marco rubio both pointing fingers but at different presidents. >> the world trade center came down during the reign. >> blame a decision made years earlier not to take out ben laden when the opportunity presented itself. >> joining me now member of the house judiciary committee who is
a rubio supporter. great to have you in studio. >> i might remind people just like president george w. bush, i was brand new on the job when the twin towers came down. 9/11 was so quick after the january 20th inaugural that for many of us, we see the perspective of how little time george w. had on the ground verses the previous years. that's what senator rubio was making a point of while donald trump was using the talking points of the other party. >> yeah, were you shocked when you were watching this or heard about it afterwards that donald trump had gone there? >> i was shocked he was saying it in terms i remember, to be honest, democrats on the hill using but i also was pleased. i was pleased. >> why? >> well, that the other republicans on the stage came to george w. bush's defense. not because they necessarily
learned it was in their best interest but because it was simply the truth t. this kind of a statement, the reign of george w. bush. it was the kind of absurdity donald trump has never been called on. >> every investigation and report that came out said exactly what dick cheney is going to say now. >> for mr. trump to suggest that is way off base. he clearly doesn't understand or has not spent any time learning about the facts of that period. >> so learning about the fact of that period. it's one thing to look back and say as donald trump says i was always against the iraq war although there's no proof he was when it started in 2003. >> you know, we're all against war and would all like things to work out better but the people running this time are talking
about the last seven plus years about what happened when we left iraq and allowed them to essentially not keep their constitution, to deny the kurds. >> it's important to move the story forward. >> it really is. i think that's where senator rubio is getting into the details of what went wrong and how do we fix it. we're not going to fix iraq without bringing justice for the kurds and soonnies. we're not going to fix syria without bringing justice. there's a host of countries like that that need to be dealt with and dealt with as an adult. >> speaking of senator rubio, he's leveling some criticism now against the failures of congress and the senate and calling for term limits for you, congressman. everyone else in congress, do you agree with that? >> first of all, i reached a point in my life and career where term limits look good and second of all, we have term limits. my chairmanmanship of the oversite committee came to an end based on vowlunteer term
limits and rightfully so. there's somebody else doing that now. i think senator rubio is right to say congress needs to step up the plate. it needs to fulfill its on obligatio obligations. so he's learned firsthand that the house and senate have to do more or get out of the way and let somebody else do it. >> the american people want them to get more done and have the approval rating go up. great to see you in person. >> you get the approval rating you deserve if you're lucky. >> we'll leave it there. stocks looks to rebound. we have good news today after a rocky few weeks. we're going to take a look at the market movers that could bring momentum back to wall street. plus gas prices are going down and that means more money in your pocket. how long will the trend last and
what smart moves should you be making with all of your savings? >> we're probably 150 a month. amazing the difference from 85 to $40 in a tank. hey! this is lloyd. to prove to you that the better choice for him is aleve. he's agreed to give it up. ok, but i have 30 acres to cover by sundown. we'll be with him all day as he goes back to taking tylenol. yeah, i was ok, but after lunch my knee started hurting again so...
producers, russia, saudi arabia, qatar, venezuela agreeing to freeze output levels. iran noticeably absent from the list as it tries to ramp up oil now that sanctions are gone. the oil rich countries are try to halt mementos decline in energy prices we've seen the last few weeks so average price of gas nationally over a dollar cheaper than just seven months ago. meantime, oil prices peaked at around $116 a barrel in june of 2014. today it sits at about 30 bucks a barrel. that's a 70% drop. joining me now is somebody who knows all about this, charles payne, host of "making money with charles payne" on the box business network. what does this freeze mean? >> it means they're going to halt it at january level production. the problem is there's been a lot of overshores the last few weeks and the hope is they'd actually cut production. that did not happen. this is a step in the right direction. you mentioned iran being sort of the wildcard here, of course, they've been sitting on this oil, they really want to sell it in asia where they lost market
share. it's a step in the right direction. oil was up initially on the news then pulled back slightly. again, there's a huge difference between freezing and cutting. >> okay. so they're making these decisions. is anyone sitting over them saying, please make these decisions? >> yeah, i think, you know what, saudi arabia which actually started this whole thing going, there's got to be someone in the government who's counting the money saying, please, this is insane. last year they had a $98 billion deficit, they never had anything like that before. they're considering selling shares in their government oil company. i got to tell you, gretchen, they're playing an extraordinary dangerous game, fighting a war in yemen, may be pulled into syria. the only reason they escaped the arab revolt, arab spring is because they were able to thaw out billions of dollars. this is a dangerous game they're playing. it's working, because they're hurting rivals including american trackers. >> let's talk about how this is affecting america. north dakota was booming, right, and now what's happening? >> it's devastation right now. we're starting to see. in north dakota it was a time
when people at mcdonald's were making 25 bucks an hour. we've seen some major billions of dollars worth of projects that have been halted, seen over a thousand rigs that have been shut down and seen probably there's a calculation about $300 billion worth of global capital expenditures on these sort of projects pushed off for a decade. so, again, saudi arabia, it's going to give them market share but at what expense? it's an apparent victory no matter how they look at it. >> the market up 196 as we're speaking right now so let's move to your market movers of the week. you have three picks for our folks. you're actually recommending equi equities. >> i am. you know, buy low, sell high. no one is low, scary. that's the oldest axiom. >> you like smith & wesson, ulta, i'll get too ulta in a moment. >> smith & wesson has been firing on all cylinders. a pun not intended. i just said that.
it pulled back recently. it's going to continue to do extraordinary well. undervalued. 2 20%, 30% upside from here. >> hasbro, why? >> the "star wars" games are doing well, "transformer" reboot, they have old stand byes, monopoly stuff. >> ulta is a makeup company, charles. >> i coucovered ulta five, six years ago at the mall. i dropped my wife off at the mall. i never saw anything like it. forget about sally beauty. ulta, i went straight home, googled it, looked it up, they do everything, they cut your hair. it's an amazing, amazing store. as it turns out, they got an amazing ceo. it's a stock people think is expensive because it's 100 something bucks. this thing is going to go at least in my mind back to 200. i've been talking about ulta since it was a $40 stock. >> i'll put those on twitter,
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the first time in a week. the elephant left a nature preser reserve friday and dented nine more on monday. what's the beef with that elephant? a rare mint 1962 mickey mantle rookie baseball card being sold this week as part of a sports auction in new york. the card expected to fetch a world-record price. awesome. gas prices dropping across the country and earlier that was our question of the day for you. so we asked, what's the cheapest price of gas that you have seen? and what you plan to do with the savings. well, gas is down to western wisconsin, karen will be putting that extra change toward her summer vacation to glacier national park. nice. tom can get gas for $1.68 in rutland, vermont and would love to see it go lower. he's using the savings to pay off credit card debt. good idea. manuel paying $1.39 in pearlland, texas, which means he can buy more snacks. gas is down to $1.07, norman,
oklahoma, reid is going to save the extra money for when gas goes back up. smart. thanks for writing. thanks for fwg part of "the real story" today, i'm gretchen smith. to shepard smith in the studio right behind me. 3:00 on the east coast, noon on the west coast. time for donald trump republican rivals to pile on. wait until you hear which liberal icon they're comparing him to. and trump launching more attacks of his own. with north dakota's first in the west caucuses days away for the democrats, bernie sanders looks to gain ground on hillary clinton, plus how both candidates are reaching out to black voters ahead of their south carolina showdown. the story of the southern california hospital that hackers are holding for ransom. computer systems down. patients forced to go elsewhere. and the hackers demanding millions of dollars. let's get to it. now, "shepard smith reporting" live from the fox news deck. and first from t d