tv Special Report With Bret Baier FOX News February 23, 2016 3:00pm-4:01pm PST
flock together. >> so gay marriage. >> perfect. i guess. if you mean same sex. did "special report." the. president obama makes a last-ditch effort to fulfill a promise he made on his first day in office. this is special report. dwhn. >> good evening and welcome to fox news world headquarters in new york city. president obama laid out his plan to close the detention facility at guantanamo bay cuba today. it would fulfill his promise to shutter the the central but would bring the detainees to the u.s. that is facing stiff resistance
. on whether the last push to close guantanamo before he leaves office can gain any traction. today calling for the prison in guantanamo bay. today's appeal coming seven years after signing executive order to shut down the order that he said undermines national security and american values. >> this is about closing a chapter in our history. it reflects the lessons that we've learned since 9/11. lesson that's need to guide our nation going forward. >> how to go forward remains the source of a fierce ongoing debate. even as the president spoke to congress, the president acknowledged the brewing storm of opposition. >> i am very clear eyed about the hurdles to closing guantanamo. >> we'll review president obama's plan.
sense it includes bringing dangerous terrorists to facilities in u.s. communities, he should know the bipartisan will of congress has been expressed against that proposal. >> the president laid out a plan including securing the transfer of 35 detainees to foreign countries. a review of the military and to try those eligible under article 3 and an effort to find u.s. locations to hold detainees. among those, super max prison in colorado which has never had an he is camee and houses several terrorists including the so-called underwear bomber, shoe bomber and moussaoui. >> one of the thing do you is hold the enemy as enemy combatants. if we do that, where do we put them? >> senator john mccain offered
to work the president to close the president but called the plan today lacking. what we received today is a vague menu of options. not a credible plan for closing guantanamo. let alone a coherent policy to deal with future terrorist detainees. still, it hasn't stopped them from slowly emptying the prison. it went from 245 when the president took office to fewer than 100 today. a number the white house says could happen in a few dozen by year's end. >> as you can imagine, the gitmo story was a pretty big one toda even donald trump weighing in all the men saying they would keep in that facility with trump adding, i would like to hold it one some bad news. >> live on the north lawn. thank you. for more perspective on the president's plan to close guantanamo bay, max thornberry joins me now. thank you for joining us.
>> sure. thank you for having me. >> is there any chance, any chance at all that the white house' plan, the president's plan, gets through congress? >> not this plan. this is pretty thin stuff. you know, the president has talked for seven plus years about closing guantanamo. we put into law last year a provision that says, put a plan where your mouth is. and what he come back with is eight pages and three lines of vague generalities. we asked, where are you going to put these people? we have 13 possible locations. where are you going to put new detainees? we have a men you've options. how much is it going to cost? it may be $300 to $500 initially but we don't know for sure. there's no specificity in this whatsoever which leads me to think that he is not serious. certainly about working with congress to accomplish it. and the rest story is, there's not a better option. certainly that the president has put forward on what we do with
those folks in guantanamo. i think they're in trouble. >> the president said the terrorists use guantanamo as a recruiting tool. he said it is not good in the national security strategy for our country. how do you respond? >> two things. i don't think much of anybody believes that terrorists will lay down their arms if we were just to close guantanamo. of course they would find excuse after excuse to continue to kill new jersey people. secondly, the people at guantanamo are al qaeda. now, al qaeda is a rival to isis. so whatever we do with guantanamo, and the al qaeda people, i don't see how that affects isis which is the biggest terrorist threat we face now. that argument which he's used for seven years is really running thin. >> what about the argument that it is costly to run guantanamo? and that under their plan, even as vague as you say it is, it still could cost $65 to $85
million those are run, to put these detainees inside the u.s. >> well, we'll want to go through the cost assumptions. i think what a lot of people don't realize, to bring them into the u.s., you have to build a whole new facility. you cannot keep law of war detainees in the same information like super max where you have convicted criminals. so you have to have separate guards, you have to have all things that are separate and apart from your criminal system stoffel idea that there would be some huge amount of savings is ridiculous. what there may well be though, is an increased danger to the communities in or around where you transfer those people. now how do you put a cost estimate on that? that has to be considered as well. >> you're saying, you're not saying that they're somehow going to escape these facilities. you're saying a danger from terrorists because they're in those communities? >> yeah. because it becomes a natural
target for terrorists who want to demonstrate something. look what we've seen with san bernardino, other sorts of things. you make a community a natural target to have guantanamo detainees there. not that they would escape but it is a magnet for terrorism. my point is you have to have security, local law enforcement to deal with that increased threat. all of that has to be considered as well. there are not too many folks trying to swim into guantanamo bay in order to make a demonstration or blow something up as a protest. >> so bottom line, this plan is dead on arrival. >> bottom line, this is not a plan. they have not complied with the law to give us a specific plan which we asked for and which i'm certainly willing to consider if
the president can't convince the american people that he has a better option than guantanamo. i'm afraid he doesn't. >> will you hold hearings on this? >> i'm sure guantanamo will come up in the hearings. there's not a lot here to hold a hearing on. >> we'll get some information but this is pretty thin stuff. >> thanks for your time tonight. >> in a little under two hours, voting gets journal way in the nevada gop caucuses. most experts on the ground see donald trump best positioned in nevada. with senators ted cruz and marco rubio. today as the hours ticked by, the battle between the front-runner trump and senator cruz got downright ugly. >> donald trump rallied his
nevada troops and attacked ted cruz. >> he is like a little baby. soft, weak little baby by comparison. but for lying he is the best i've ever seen. >> trump was on fire and trashed cruz then as well. >> so the evangelicals didn't vote for him. do you know why? they don't like liars. >> this guy is sick. there's something wrong were w this guy. >> trump's lawyers warned that team cruz has urged supporters to use their phones to video tonight's caucuses. calling it more elections shenanigans and especially concerning because of the potential intimidating effects on voters. racking up endorsements. rubio warned voting out of frustration is dangerous. >> frustration is not a plan. being able is not a plan. so this election can't just be about making a point. it can't just be electing the loudest person in the room because that alone will not solve the problem.
>> cruz fired his communications director. >> i frankly don't care what position donald decides to support today or the next day. they change every day. i don't care what they are. but pick one and defend and it don't pretend. >> on the "o'reilly factor," cruz who in the down part has down played deportations took a tougher stand. >> federal law requires that anyone apprehended should be deported. >> mr. trump would look for them to get them out. would you do that if you were president? >> of course you would. that's what i.c.e. exists for. >> he said his position hand changed. and rubio's past support for amnesty has him at odds. he claim rubio has dismissed
employees. he said he has an axe to grind. meanwhile, kasich came put little effort into nevada and continues to focus on super tuesday a week from now. dr. ben carson, struggling in the polls, suggested that obama was raised by his white grandmother and mother. >> it doesn't mean there is anything wrong that. when the claim is made that he represents the black experience, it is not true. >> nevada's caucuses start wrapping up shortly before 9:00 evening. mid you need eastern. it will take a couple hours the get the tallies. that's if there are no glitches. >> carl cameron live in las vegas. we'll be heading back a little later. we've got the coffee going. donald trump is clearly the front-runner. most pundits did not believe the businessman and tv star would get into the race. they didn't think he could get
any traction in the run for the white house. with victories in new hampshire and south carolina and another possible w in nevada, pundits are definitely taking him seriously. fox news media analyst has a look at trump pundit ri. >> if you add their scores together, it will equal trump. >> even in his victory speech, donald trump was still annoyed by commentators. but moat who dismissed him are now acknowledging he is the clear favorite to win the gop nomination. >> he was often regarded, myself included, a person who would not win. a huge credit to donald trump. >> we didn't see this. we didn't understand that he was such strong immediate single. >> of course it is trump at this point. trump looks like he can run the
table. >> there is still discussion among republican who's say i can't believe he will be the nominee. >> so chris matthews and lawrence o'donnell can't believe it either. >> if this goes one-on-one, trump against rubio, or trump against cruz, each one of them beats trump by 16 points in a one-on-one race. >> but there will never be a one-on-one race. >> you sound like a democrat at the salad bar of rationalization. >> but there are angry voices refusing to semitrump's success and some are iming bla the voters. confederacy of dunces. new hampshire goes racist, search i have, xenophobic. slate brings the media's sick interminable honeymoon with trump. and the party is mostly among
them. emerging from the wreckage of a broken culture. it is sore of a market correction for all the early discounting of trump. he also runs against the media and thrives on slamming his detractors. >> up next, voters are asked to find one word to describe the the candidates. fox 28 in columbus, ohio, where three weeks out from ohio's primary. already more than 150,000 an sentee ballots have been requested. more than 10,000 others of course cast. whether this is good or bad news for john kasich is anyone's guess right now. fox 8 in new orleans where there are reports of tornadoes as severe weather works across the south. bring large hail.
already a state of emergency for areas of the state. this is a live look at new york city. the big story tonight. apple's refusal to untlok iphone, it is not the first time the company has denied the use of tools. they have refuse in the 14 other devices in court cases across the country. that's the news across the country. 80% of women say a healthy lifestyle is a priority.
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china has deployed fighter jets to a contested island in the south china sea in an effort to further escalate tension there. the jets will go to the same island where china deployed surface to air missiles last week. the drama escalation come as secretary of state john kerry hosts his chinese counter part at the state department. police have arrested two suspects in question, the vicious attack on a marine veteran at a washington, d.c. mcdonald's caught on surveillance video and they have
identified a third suspect. police say sergeant chris marquez was beaten unconscious and taunltd by a group that taunltd him and called him racist. all three were juveniles who repeatedly asked him if black lives matter. the two males are identified as the suspect who's beat marquez. the third suspect, a female, still not in custody, took his wallet. back to politics. hillary clinton is expected to win saturday's south carolina primary. as she moves closer to her party's nomination, a new poll finds more and more americans have a hard time trusting her. ed henry reports from the campaign trail. >> reporter: bernie sanders is signaling he knows it is likely he will lose south carolina to front-runner hillary clinton. for the second straight day he visit ad super tuesday state that will feature voting a week from today. >> in this country, we have more
people in jail than any other country on earth. disproportionately african-american and latino. we are going to change that. >> stopping in virginia, a place where sanders must cut into the big edge with african-americans. his campaign is banking on support. fighting for civil rights. a moment referenced by spike lee today when he endorsed sanders with the radio ad running in south carolina. >> when bernie gets in the white house, he will do the right thing. how can we be sure? he was arrest in the chicago for protesting segregation in public schools. >> so his wife tanya lee made clear she is not with sanders saying we need hillary to be the
next potus. congressman clyburn said sanders failed to even ask for his support. >> he never asked me for an endorsement so i never considered giving one. >> gallup reveal when asking for an unaided response to bernie sanders, 12% said socialist. 6% said older or aged. 5% said favorable. as for clint the most common reaction was dishonest at 21%. dislike her at 9%. like her at 8%. at 7%, capable of being president was tied with criminal. at a senate hearing on the state department's budget, republicans charged that clinton's e-mail dumps have put a strain on the gov's resources. >> secretary clinton's actions have cost an awful lot of money and headache. >> it remains to be seen whether or not it is the 50 investigations by nine different
committees that have created more heartburn. >> literally a minute ago, clinton has finally commented on the guantanamo plan. said she supports it. clinton has previously suggested she does not want detainees on home soil. >> and on the e-mail front? >> a federal judge had a ruling that they said clinton and aide an deen. the clinton campaign is saying this is a right wing situation while the suit was brought by the conservative group judicial watch. the judge involved was nominated by bill clinton. >> thank you. new tonight, a letter from supreme court justice an 9 scalia's doctor said the justice suffered from numerous health problems including coronary artery disease, obesity and
diabetes. and that probably contributed to the justice' sudden death. on capitol hill, republicans on the senate judiciary committee said they will not hold hearings on a supreme court nomination when president obama announces one. in d.c. with the latest, good evening. >> hello. in a letter signed by every member of the jo dish area committee, republicans made clear they have no man to get past step one. it is based on constitutional principle and born of the necessity to frequent will of the american people. this committee will not hold hearings on any supreme court nominee until after our next president is sworn in on january 20, 2017. when asked about whether he would take a meeting with the president's nominee, senate majority leader mitch mcconnell said it serve no purpose. >> i agree that we not have hearings. in short there will not be
action taken. >> there is no denying that what republicans are threatening to do in the context of this supreme court nominee is unprecedent. >> the white house is moving more slowly and deliberately in choosing a nominee. we have no time line on bretting a name. >> shannon, thank you. coming up, one of the worst kept secrets in law enforcement. a harsh new report outlines how mismanaged the obamacare site really was.
the website not being completed until weeks after the launch of the website. now a scathing report. >> the obama administration launched healthcare.gov. on that day six americans in total signed up for obamacare. despite spending hundreds of millions of dollars, the federal health care website management to enroll only enough to constitute a hockey team with no substitutes. it was a well documented mess. now the inspector general for the department of health and human services has released a detailed account as to why it failed so terribly. in short most critical was the absence of clear leadership. this echos previous reports detailing the website's failure. >> cmc began and undertook development of the healthcare.gov system without adequate planning, despite facing a number of challenges
that increased both the level of risk and the need for oversight. >> the inspector general says the investigators interviewed 86 government workers and contractors involved in building healthcare.gov. one to stealth white house claim. they help fix the site, arguing a change in leadership. cms didn't need a technological surge. we needed an organizational surge. the lessons learn from the initial problems in 2013 and the subsequent improvements to the website have also been applied throughout the organization. >> government says it spent more than $800 million building healthcare.gov. one estimate says it costs twice that and officials are still finishing it. the administration points out more than 9.5 million signed up for health insurance on healthcare.gov. >> at the briefing room in the white house.
thanks. federal marshals are admitting to using a powerful tool that can track your cell phone to within a few yards. usa today reports the u.s. marshals confirm, using the surveillance tool even while trying to keep it a secret. james rosen has been tracking the story for us. >> good evening. even though the u.s. marshal service was basically rejecting the freedom of information act request of the usa reporter providing 100 pages of redacted nothingness, the law enforcement agency inhe can milkbly began it by saying, that you are soon to your request, the u.s. marshal service conducted a search of the investigative operations division and located a listing of the imsi catcher. it is a device about the size of a suitcase that conducts surveillance on mobile felonies to by simulating a cell tower and intercepting signals from phone users before the signals reach the true intended towers. by acknowledging that it had
uncovered a lengthy listing of the agencies use of imsi catchers, even while redacting that list, it was confirming its deployment of the surveillance tool on nearly 6,000 targets across the country. as the usa today network reported in its exclusive. >> these are devices that have posed a lot of privacy concerns. they use a cell phone tower. so it is not just about the target's cell phone. they intercept information with the foengs of everybody who happen to be near the target. >> pressed for comment, the marshal service declined to discuss it except to say where necessary the tools are used subject to court approval. >> thank you. dow dropped 189 points today. the s&p 500 lost 24. the nasdaq was off 67. an and panelled all-star dm
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we are going to continue to make the case for doing so as long as i hold this office. >> i am very clear-eyed to closing guantanamo. the politics are tough. >> we'll review president obama's man. since it includes bringing dangerous terrorists to facilities and u.s. communities, he should know that the bipartisan will of congress has been expressed against the proposal. >> the president putting forward a plan to close guantanamo bay, prison, the detention facility he wanted to close down on day one when he took office almost 7 1/2 years ago. the other side of the congress, the leadership in the house. paul ryan saying phase to provide critical details
including the exact cost and location. congress has left no conclusion. it is against the law and it will stay against the law to trags of detainees to american soil. we will not jeopardize our national security over a campaign promise. >> co-host "the five." i feel like i'm on an island over here. >> i think the point you noticed, one of many important points. the president can't bring them here. it is against the hau. it was in the defense authorization act. 370 people from both parties voted for it. the president sign it. he is not allowed to do it. >> why is he doing it? this is a campaign promise and barack obama is a long time i'll he'lling on who wants to make
good on his campaign promise to close guantanamo. in order to do that, he is misrepresenting the facts. the president once again said that guantanamo is a major tool for jihadist recruitment. it is not. you can ask experts from across the political spectrum. it is not a major recruitment tool for isis or al qaeda. the glossy magazine that isis uses to recruit. it has never been a major recruitment tool. the president wants people to believe. this he wants to suggest there's some national security imperative to closing it. and by releasesing additional prisoners, he wants to clear more, that has the threat. we've seen recidivism rates above or at 30%. another one released in spain.
you see the gitmo detainee who was release in the 2012 asend to heights. this is a disastrous policy and there is one explanation for the president doing it. and it is his ideology. >> what about this argument that isis is not going to suddenly put down their weapon that's the we move everybody to colorado. >> yeah. i think the president thinks this is the right thing to do. it was a campaign promise and he wants to release people who he thinks are safe enough to release and send them to other countries which george bush did. and put them in a federal prison system. he is not specific about that but that's probably what he suggested before. we have hundreds of terrorists, including foreign terrorists, in our super max system and we've had no problems. the problem is of course, the democrats don't even support that. when he tried to do this before, it was overwhelmingly defeated. it wasn't just democrats doing
it. and for democratic candidates, they're not going on want to get on the wrong side of this issue. >> here's what the democrats said today. >> when i'm president, if we capture a terrorist alive, they're going in guantanamo and we're going to final out everything they know. >> let me say this. don't shut down gitmo. expands and it let's have some new terrorists there. >> i'm not for closing gitmo. plain and simple. >> such a great idea to close gitmo, how come it hand been done in seven years since that was one of his top priorities? >> by the way, we are keeping gitmo open. we are keeping it open. >> and we're going to load it one some bad dudes. believe me. >> load it one some bad dudes. >> moments ago hillary clinton put out this statement i support the plan to close it.
finally close the door on this channel of our history. over the years, guantanamo has inspired which more terrorists than it has imprisons. bernie sanders echos the statement almost exactly. ? it is pretty interesting to me on the politics. because president obama said earlier today, i don't have to worry about the politics. just mention the merits and the hau so apparently he doesn't care about those three things. but there is no harm in the president saying, i have tried to close gitmo. i have reduced it by x amount. it is on a path to closure and leave the worst terrorists there until they have another solution. on the politics of it, hillary clinton four months ago in colorado in the local station interview. i'm not for bringing them to colorado. i've changed my opinion. as they changed it again here? that leads to the problem of
trustworthiness. >> does this become a big problem on the campaign trail. >> it is kind of mind-blowing. true, joe biden and president obama don't face re-election but a lot of democrats do. and two of them are now running to replace president obama. it just goes to the heart of it. president obama's inability to grasp politics. in his statement, he said that people just want these terrorists to be off in some far away place. it is a little more complicated. the whole reason we set this up in the first place is because of the legal issues that are attended to when you bring them to u.s. soil. he can say that's not going to be an issue. what does he know? it very well could become an issue and it could very well, that could go to great lengths to undermine our ability to get information out of them and to
hold them. >> what about any positive in this argument? saving money. $65 to $85 million. is there any upside to the argument the administration is making to close gitmo? >> saving money is nice. it is interesting that the president would choose this as the place to do itself didn't address the debt crisis. he gave as you new entitlement in obamacare. but he is wanting to save tegs of millions by closing down guantanamo and freeing the people kept there. i think this is likely to be a big campaign issue. it was a campaign issue in 2012 in this respect. barack obama said in effect, we don't have to worry about this war on terror. it is over. al qaeda is on the run. al qaeda has been decimated. we've seen the neglect of that growing threat has led to. we've got isis pro liverating. al qaeda around the world. the democrats had not taken it seriously. they thought it was overtaken. the president has enacted
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it's our time. it's the men and women in nevada to decide tonight. >> it's an important day for the state. you are now the fourth state in the country that is going to get to give its judgment on what we need to do moving forward. >> we need to bear in mind that we have got a marathon here and not a sprint. but, certainly, early momentum is a a good thing. nevada certainly contributes to that. >> i'm not quite sure how we are going to do in nevada, but we have some ground game out there. the caucuses are a different animal. >> i'm not going to use the word caucus can. i'm just going to word just vote. just vote. i don't want to give you an excuse. what the hell is caucus? nobody even knows what it means. >> donald trump in nevada. in fact, he tweeted out today unlike the other republican candidates, i will be be in nevada all day and a night. i won't be fleeing in and out. i love and invest in nevada. the nevada caucus tonight.
we're back with our panel. dana, he is well positioned in nevada and, actually, as you look at all the states coming up. >> yes. it should be a great state for donald trump. secular, independent, and also he has this huge tail wind pushing him forward after his wins in new hampshire and south carolina. so it's a great state for trump. i would say it's a pretty good state for rubio. an okay state for cruz and for kasich. i just find him likeable and genuine. i mean, he admits he doesn't think he will do great in nevada but he has a path forward in other states. >> well, speaking of kasich. there is a new poll out by quinnipiac in ohio that puts donald trump up 5 over the sitting governor of ohio 31% to 26%. ted cruz at 21%. obviously it's one poll, charlie. but it's got to send alarm bells out. >> oh, sure. and quite frankly, i think that some of these polls have either donald trump is kind of managed to
overperform in a lot of these polls and undermined his ability to get credit for the winds that he has had. >> in other words the poll is higher but his vote total is less but it's still a signature is can't win. >> exactly. you know, in a place like nevada where it's a caucus -- caucuses are notoriously difficult to poll but especially in a place like nevada where we haven't had republican caucuses for that many years. but i think that the big story out of tonight will be ted cruz. if ted cruz can't, i think he has to win, quite frankly. if he can't win with, change the narrative away from some of the stuff that's going on, you know, the firing of his campaign strategist. if he can't change that, and the other thing is if he can't prove that he can win in a state other than iowa and texas, then he is finished. and he just may as well just quit. >> what's interesting, kirsten, the battle back and forth, the sharpest elbows today have been between
trump andan(dú cruz. take a listen to this. >> look, i frankly don't care what position donald decides to support today or tomorrow or the next day. they change every day. i don't care what they are. but pick one and defend it and don't pretend whenever people suddenly point out what you said oh, never mind. >> when you hold up a bible, you don't then put it down and go around lying and doing a lot of things that are wrong. and i have to tell you, what he has been doing is terrible. and that he has been getting away with it now he hasn't been getting away with it. because yesterday he fired his director of communications. >> and trump took to twitter saying ted cruz does not have the right temperament to be president. look at the way he totally panicked in firing his director of communications, bad. i mean, it has gone back and forth pretty much all day. >> theep person sitting back enjoying this, of course, is marco rubio. it's not terribly strategic for trump to be doing this because what you really want is to continue to have the field broken up with rubio
5him to be attacking cruz that way, it could potentially move down to rubio's benefit who i think is position to do do pretty well probably in nevada. and one of the wild cards is a mormon vote to see has the former -- he was formerly mormon. is that something that will move to his column? i think, you are right, like this is -- we are really looking at cruz, can we show he can perform in this state otherwise, what's his rationale? >> mitt romney the former republican nominee, massachusetts governor was going to endorse rubio. if there was a time to do it, wouldn't it have been in front of nevada? why do you think it didn't happen? >> i would think it would have been in front of nevada given its population or before massachusetts. i don't know why it didn't happen. i know there were rumors. persistent rumors that nothing ever came of them. i would expect if romney endorses anyone he would endorse marco rubio. i don't think he would take a serious look at john kasich, who today, in
comments today, really suggested that he doesn't have much of a rationale for his candidacy. he said i don't even know if it's my purpose to be president. he is hopscotching around and picking and choosing states he wants to compete. in no national campaign. no national organization. evidence feels lining he is running for therapist in chief. hard to see what john kasich isyghe doing in this race. >> is is he running for v.p.? >> that would be the obvious conclusion. he of course denies that he says i'm not going to run for second place. i don't believe in running for second place. i went to one of his events in new hampshire it was one the oddest political events i went to. spends a lot of time talking about how lonely people are and how everybody needs hugs and need to be celebrating each other there is a place for that i'm not sure it's in the presidential campaign. >> moving detainees and john kasich. >> he was good on gitmo. >> that is it for the panel. weave will be right back with final thoughts.
well with, that is it for this "special report" from new york city. but we're far from done with political coverage tonight. the nevada caucuses kick off one hour from now. and fox news will be covering them all evening long. megyn kelly joins me for another edition of america's election headquarters starting at 1 11:00 p.m. eastern time going to 1:00 in the morning. grab a cup of blends or night cap or something. just stay up with us. thanks for inviting us into
your home tonight. that is it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. ♪ ♪óít this is a fox news alert. and it n. just one hour caucusing begins in the silver state, ned. already people are ingoing their all republican presidential picks. we have an action packed "on the record" tonight. senator marco rubio, ben carson and donald trump's son jr. will be here. caucuses are just moments away. carl? few days since the south carolina primary where donald trump picked up his second back-to-back win and he is hoping for a third this evening. he comes in the caucuses this evening with a lead in the polls as of yesterday. he has not put in the type of effort that other candidates have here. he has been traveling around