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tv   On the Record  ABC  February 21, 2016 11:00am-11:30am EST

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ed: good morning everyone, it is time to go on the record. we have congressman michael capuano to weigh in on local issues from the t to gang issues . the supreme court stand up. we have advice on what the president and the senate should do. the race for the white house. our roundtable takes on the candidates, the political ups and downs for the weeks. >> from wcvb boston. the inside word from washington to beacon hill. today' s newsmakers are going on the record. ed: i' m ed harding -- harden. our guest is michael capuano. he is upsetting large sections of boston, cambridge and milton.
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before the house, he was mayor of his hometown. it is a was good to see you. michael: good to see you too. start asking questions. >> let' s hop right and read. one of the big stories is the scalia a. both sides firing shots across the bow. block it. the president saying it is my right to do it. will they succeed unblocking them. michael: i don' t know. if you want to vote against the nominee, go ahead. that is natural. some of them say they want to talk about it or put for debate or discussion. that is unimaginable to me and unacceptable. that is taking 20% of the president' s term is left and saying you can' t do anything. that is just inappropriate. 20% of the senate term -- senate term is over a year. are they not supposed to be
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s ridiculous. when i run for me term, i run begins. senator. i say do your job and if you want to vote no on a specific nominee, it is happened before we will see. if you wanted to consider it, i think is in breach of the supposed to a poll. ed: because of the timing, because of a calendar and where in november and there will be a new president beauty of democrat or republican or independent. all -- given all those things, do you believe it is the president' s -- he should be doing it or should he wait? michael: absolutely. he should be doing it now. he was a lame duck theoretically after one is last election. then we' ll know he' s only got four years left. his got a whole year left. 11 months. what if we were attacked tomorrow? the president shouldn' t do anything because we have our next president to decide whether we declare war.
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if it is good for the president, it is good for every senator, governor, state legislature, every member of congress. it' s just not the way exposed to be. the founders are right to say the term is from this date to this date. in the president' s case, it is january 20 year. in general 20th of next year , i hope he or any president is doing their job. ed: this could turn into a nasty fight at least at the beginning. it seems a glide on that direction. do you think the fact that is a nasty fight could turn qualified candidates away from one to do the job? michael: i think that' s always the case, not just the supreme court. i think it is any significant public office. it probably was has been, but more and more so in the last decade or two. some of the -- some of that is possible. i think most people are worthy of consideration understand that when to call by society to serve
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willing to endure some slings and arrows. i hope. emily: other big story, the dominate. we know you' re a big supporter of hillary clinton. you have endorser. but she is struggling in some places with bernie sanders. what are her biggest weakness is calendar rolls on? the adult in the room. people want new, shiny objects. favor of pie-in-the-sky. hillary buspar has not done the pie-in-the-sky stuff. maybe she should do a little bit more in order to get more people excited. it is just a matter of that as far as i' m concerned. bernie is a great guy. i served with him. he would make a great president. i' ve nothing that you say about him at all. at the same time, i think that hillary would make a better president, more likely to someone who would be able to implement program she is
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ed: i want to viewers , bernie you are in the house of the time. together. ed: is he presidential material? michael: sure. yes. bernie is exactly what he says. he is a genuine article. when he espouses a position, he believes it. and i respect him for that, i like him for that to be perfectly honest. at the same time, i spazzing a position i may happen to agree with is a wonderful thing, but if they cannot be implemented, my question is, that is great, now what? for me, a classic example is the health care bill. i would not of written that health care bill and i do know anyone who would have. that is not the choices i get. i like to participate as best as i can. there' s a bill on the floor and the question is will you vote yes or no. and it' s the realistic -- ed: good bernie win a general election? michael: i think so.
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on the presumption -- it would be harder for him to run if the republicans take control -- hold control the house. emily: we are talking and i getting along with people, donald trump. some might say not famous for get -- getting along with people. he is done things that might of submarine candidates. name-calling and nasty attacks. do you think that his style of campaigning has changed the game? do you think we will see his style in the future or is this just him? michael: i don' t know. there has only been nastiness and campaigns. it usually has not been so publicly spoken. emily: saint john mccain is not a war hero. michael: those usually come from surrogates that you can disassociate from. i' m no different radials, i find it entertaining. up until recently, i found pretty funny. it' s not so funny anymore.
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michael: it' s a little bit worn, but it' s more that this guy could actually be president. at the same time, he is a successful businessman. i cannot believe that he would govern the way he is campaigned. not if you want to be successful. he would have everybody after hannity did. -- he would have everybody after him. he is certainly change the game for this cycle. i don' embracing his approach at the moment. i certainly hope our side does not. campaigns are always tough and name-calling is part of it. he has brought new things to it. any certain degree of humor. it is kind of funny to watch him spin the world around and some people fall on this. ed: he knows how television show. are you ready for the pop quiz? michael: 100%.
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more than just legal eagles are paying attention to the spring court right now. let' s see how much you know about the highest court in the land. for the past 200 years, the marshal of the spring court used the same traditional call to order before the justices enter. what worked as a chance three times? michael: oh yeah oh yeah oh yeah. ed: can you name the only president who also served as a supreme court justice? multiple-choice. thomas jefferson, william howard taft, franklin pierce, william mckinley. michael: taft. ed: correct. two for two.
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ed: justice david souter required -- retired in 2009. he considered new hampshire his own for a long time. he was born in massachusetts. pretty close to where you grew up. can you name his birthplace? michael: no i cannot. ed: melrose. michael: you' re a melrose boy? ed: born in melrose. so was he, by the way. scalia was the longest service justice in the supreme court until' s recent death. which justice carries that distention now? the longest-serving justice on the supreme court was just a silly until he passed. michael: i don' t know. thomas. ed: anthony kennedy who was nominated by resident reagan. as you are no doubt aware, none of the justices on the court have a degree from boston college. there is one graduate from wooster -- holy credit -- holy cross. michael: from -- let me guess.
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let' s talk with the mbta. you play a key role in securing money for the green line extension. they say that plan now requires brutal cutbacks. what do you say? michael: i believe the green lake session will be built. it will be built. maybe in a different timeframe. and it will be changed. the people on the line will be served and obese earned within the reasonably near future. the no question is, the need is there. the need is been there for 40 or 50 years. the money is there, the status committed its own money. to walk away from a matching billion dollars in federal money is just pure foolishness. it is fiscally responsible. emily: i want to ask about a big concern. street gangs. something we' ve talked about. we are talking about kids as young as 13 and 14 being
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ms 13, a violent street gang. how fast is threat growing and what can we do to stop it -- what can you do to stop it? michael: the threat is a cyclical threat. it comes in go. games are always there. the question is whether -- how violent they may be. i think it has to be commune you why. the most affected people against it are people on the street in local communities. please, mayors. district attorneys. they are the want to base a day today. from washington we can pass all the laws in the world. if they don' t enforce them, it does not matter. they have sufficient laws to deal with them, they don' t need new laws to deal with them. they just need to focus on a handful of real leaders of these gangs and to prosecute them to the full extent of the law. once they are done with the leaders, you moved to the next level and the next level. it has been done before. i feel very comfortable they will get their hands around his current ongoing crisis. it will happen again. i don' t know if it is five years or 10 years from now, what the
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it is just part of life and a never ending fight against the tide. ed: the wind casino in everett. the mayor of somerville filed a lawsuit claiming wynn is ignoring informative answers about traffic and pollution. to the suit have merit? ed: i don' t -- michael: i don' t have enough information. this is a matter of time. i don' t see how the casino can be stopped at this point in time. people of voted repeatedly on it. shouldn' the court make the final decision. i assume that mr. mynn and his people are can -- convicted to doing this. i think in the final analysis we will -- ed: these are jobs. regardless of them. their jobs.
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a low. i don' know the odds. i play handbook with you, but i get shot, now give it -- i have a shot, maybe not with you. they usually take money at casinos. t blame. people. most people have it under control. don' t find that attractive. ed: great to see you. i have a poker face, but i can' t
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>> the supreme court standoff. one vacancy, one democratic president and one republican senate that says they won' t hear the vote.
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>> is a popular present anything he should do what he thinks is best. >> he has 11 more months in office. we all elected him and he should nominate somebody. >> they unanimously saying they won' t consider any nominee. do that hold? >> i think it will hold. he should do a recess appointment. >> i hear the last time this happened -- >> under reagan. >> its politics as usual. >> mitch mcconnell says anything he wants you they will shut down. >> we haven' t waited for a new president or sat back and said, oh the american people should have a voice in this. >> there has been undermining of he was elected. this is no different.
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political season. people think there is a legitimate reason to question his obligation to appoint. i think it is absurd. ed: you have now spoken. it is time for the otr roundtable. this week our analysts are mary anne marsh on the democratic side and republican patrick griffin. we will put the meal on table and go. emily: this is the big talker of the week. republicans trying to block this nomination. constitutional right. which party is in a better position politically to get -- win this one? -- the he should nominate someone. senate has at least provide of the nomination.
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someone, that is the senate' s right. just as is the presence right to nominate someone. i think it was a mistake to come out and say no matter who it is, we will not hear it or agree. dumb move. better to accept the nomination, donated a little bit and at that point, the senate can do it wants to do. my problem and all of this is this is not the first time we' ve seen this. just remember, we have seen then senator obama go ahead and vote for the filibuster to block samuel alito' s nomination. robert bork, harriet miers, clarence thomas. this is nothing new which is why conservatives are so crazy that the issue. they are very nervous about this. patrick -- mary: what you don' t see is patrick running under the table after that statement by mcconnell. this is handing the democrats the sentence. -- senate. everyone who another with mitch mcconnell does ended their reelection.
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the fact is, when the republican business, this is exactly what is fueling the selection. saying one thing and doing another. not getting things done. play by different set of rules. people don' t want that and that is why they are so angry and this is why the selection is like that. why they think report -- why republicans think voters reward them for this is beyond me. everyone will and saying i' m aching constitutionalist. and in they go against the constitution on this because it says the president shall appoint. ed: so which candidates could benefit most from his record nomination? mary: none of them. crews might raise some money. but if this were a republican primary, maybe. here' mistake. as they were presidential out. republicans will be punished. ed: senator kirsten senate judiciary committee. patrick: it gives him a bit of a national platform. senator grassley has said he is not at this point saying he will not conduct hearings, so i think
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it pulls ted cruz off the campaign trail. he is on a national platform, right now. emily: you' re saying it' s an -- a presidential election. if the republicans can delay this until the election, do you think more people come out knowing that this is just about the presidency, it' s what the future of the court? mary: not only to the alternative. the people who will turn of the feel that this president has been treated badly from the first day he took office by the republicans. from calling him a liar in front of the country in a joint just congress to now trying to deny him the right as a president of the united states to appoint his record justice. african-americans no more than moses and the country that without the supreme court, they still would not have the kind of like most people in this country take for granted and still don' t quite have all the rights that everybody else is entitled to. and also gays and lesbians know they wouldn' t have rights but for this green court. those are the people who would turn out.
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patrick: i am dizzy from that' s been as usual. the bottom line is, what marianne is advocating is judicial activism -- activism from the left on the bench. it' s precisely what leftist jurist do. what republicans and conservatives especially are most concerned about is texture list. strict constitutionalist. the problem with shkreli or was he would disagree with things and then say, look. that is my feeling. i' m thinking federal court should be here. you want to convince your friends neighbor at the states that you wanted this, that is fine. the bottom line is, you cannot advocate for someone using the bench to promote and i yell at you. -- ideology. that is what obama is doing. >> the president is not a threat to the poorest record justice? mary: where is it the constitution that you did the president on monday wednesday and friday and not seven days a week? patrick: did you hear what i said? listen.
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there are a lot of people who feel that the president has every right, is constitutionally bound to nominate someone. let him do it. mary: are you saying that there will be a supreme court replacement first leo before obama leaves office yesterday? patrick: i would doubt it. mary: that' patrick: no. mary: my guess is the president is not going to step back up. >> here' s the problem.
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emily: back with around table -- with our roundtable. a love this. this not the first time the questions of,. can he survive this. ? patrick: i think equipped -- mary: i think the question is is are there other people besides brian joyce there looking at? patrick: hillary clinton one might of death might want to provide them some advice about that. this not the first time senator joyce has had to deal with this. it looks bad and smells worse. i would love to start with you. >> donald trump towards the house of bush i going after that and stating after the mistakes not only after 9/11 but the wars. veterans and sutherland know that it was wrong.
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barbara bush on the campaign trail. why wasn' t it jeb -- mary: it' s the end of the bush family. patrick: marianne, best week, best week. ruth bader ginsburg. i think her incredibly thoughtful words and respect on the intellect of antonin scalia assess something about rising above partisanship. which is why, as soon as you wrap the show, i' m taking marianne to brunch. emily: you heard it here first. ed: randy: new workout trend aimed at getting you fit and making it fun. the test.
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>> today on "matter of fact," immigration and obamacare. >> we could have really a perfect storm of some of these social issues in particular. >> will the "supreme" arguments determine a presidential winner? and -- campaign "dark money." fernando: how can we know if a candidate is effectively being bought? >> are mystery donors destroying democracy? plus -- [crowd chanting "bernie!"] >> hillary! hillary! >> the battle for the soul of southern democrats. then, a penalty for prayer breaks on the production line? >> i' ve never heard of a company not allowing its employees to pray five minutes. >> conflicts over religion on


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