tv Outnumbered FOX News March 8, 2016 9:00am-10:01am PST
almost $20 million for charity, sounds good. breakfast for dinner is one of my favorite things ever. i can't say i have had fresh and fruity. >> good to waffle house. almost noon. i am hungry. >> "outnumbered" starts right now. andrea: this is "outnumbered". i am sandra smith and here is harris falkner, andrea tantaros, nationally syndicated radio show host and fox news contributor meghan mccain and hash tag one lucky guy, a senior judicial analysts judge andrew napolitano is here. with all due respect, you are "outnumbered". judge napolitano: anyone who sits here is "outnumbered". harris: i thought you would say something about being a married
woman. andrea: we would never sue you. judge napolitano: even during the -- >> you indeed there is watching. that sets it up. it is a huge day for the presidential candidates, gop voters heading to the polls in hawaii and idaho, both parties hold contests in mississippi and michigan. the rust belt state is the crown jewel of the night with 59 delegates at stake for republicans. donald trump holding a double-digit lead but he is getting increased pushback from the establishment. here is a former presidential candidate lindsey graham. >> if donald trump turns the conservative banner not only do we lose the elections but we will be unable in the future to grow the conservative cause which he has ran a campaign and scene of phobia, religious bigotry, it is better to read this--risk losing out in and try to win with him. we should have kicked him out of
a party. you ignore what could be an evil force, you wind up regretting it. sandra: the billionaire businessman says he has only helped the party. >> people coming out to vote of 50%, 60%, 70%, in a couple state it is over a hundred%. i will take full credit for that, i will tell you i am taking credit. this is such a great thing for the republican party. instead of dividing, ighting, we should take advantage of it. sandra: mitt romney is continuing his efforts to take down donald trump, even recording a phone message playing and all four states up for grabs today. >> if we republicans were to choose donald trump as our nominee i believe the prospect for safe and prosperous future would be diminished. i am convinced donald trump
would lose to hillary clinton. sandra: a lot at stake, four states, what do you make of the establishment trying to take down donald trump? judge napolitano: douglas macarthur said history of defeat in human warfare is some up in four words, too little too late. i think the establishment is beginning to see that. the appeal for a donald trump for better or for worse is so broad and so deep that the establishment is having trouble shaking loose supporters. having said that, michigan is tightening, ohio is tightening and even senator marco rubio florida is tightening. these are standard as you get closer to the actual race especially in the time period we had a raise every weekend and another one every tuesday. sandra: what do you make of the contrast between what we heard from lindsay graham and donald trump, that the party is in
jeopardy because of donald trump and donald trump saying i energize the party, i and getting voters out in record turn out. >> he has energized some parts of the party, specifically white males and a lot of -- at different demographics and republicans traditionally get which is great. the problem is for people like me that are not from supporters if he is going to be the leader of the party, the nominee, i need him to show me how he will reach out to people like me that are having a very difficult time even thinking of him as the nominee. the robot calls from mitt romney i agree, too little too late. i don't know how much mitt romney bent matters one way or the other. this could hurt marco rubio. sandra: you may your point cleary about the party parachuteing mitt romney in here. you basically said he is irrelevant. >> he is irrelevant because he had his opportunity. a lot of people paying millions of dollars to mitt romney, supported him, believed in him
and he refused to go negative against barack obama. in fact, he has more vitriol against donald trump than he ever had for barack obama. that he had this fervor with obama maybe we wouldn't be having this discussion. maybe we wouldn't have this four years of this current administration. when i hear the instagram say we should have kicked him out of the party this garner's zero% effectively in the republican primary. less than 1%. not sure who lindsay graham is representing because republican primary voters spokane said we don't want you. they certainly don't want to hear lindsay graham tells how to vote and that is the issue. that is what it comes down to. the establishment saying if you are not our brand of republican, if you don't support the candidate we designate, you are not worthy of having a say. is not about donald trump, he is controversial, has a lot of issues, this is about the republican primary voter and letting them -- >> we take umbrage to is this.
i am saying the majority of voters speaking in the process is playing out an donald trump is the nominee. he has to do his part to unite this party and lindsay graham although he was not a general candidate, who was lindsay graham speaking for? megan mccain, people that are very worried about what this means for a general election, reaching out for hispanic or minority voters are young women, the single women vote will be a massive vote. everyone has a right to speak their mind, everyone has the first amendment right including mitt romney get the point is it is not donald trump's responsibility to unite the party right now. if you are a candidate like your father is your responsibility to win. that is his goal and the goal of every candidate. judge napolitano: how about if we look what successful presidents have done, not suggesting donald trump will be the nominee or the president with the republican party. they have molded in erin image and likeness, abraham lincoln did that. theodore roosevelt did that.
richard nixon did that. ronald reagan did that. george bush attempted to do it. how about if donald trump is a reaction to the establishment. to the establishment that currently manages the republican party which is generally perceived by most people and most of us on this couch as important. >> exactly right. >> is all of this indication how long party has been picking winners and losers? >> losers. mitt romney lost twice. your point is well made on that one. lindsey graham is saying let's all unite behind ted cruz. he was dripping with vitriol for him a few weeks ago before he dropped out of the race. probably months now. my point is now he is going to back ted cruz? i don't think so. he is going in an anti trump fashion. judge napolitano: people lindsay
graham speaks for, will they line up behind the nominee if it is donald trump or is it too ready to answer that? >> too early to answer that question. you said eloquently the party is being made right now and that is fine. what the party represented to the person who david duke brought up three times, i and immediately saying that is not something i want to be part of. that is my reaction. maybe this party doesn't represent what ever, however you quantify. >> you grew up in a political household. this is a person, donald trump, i don't know that he has reflexive political skills like that. he is working on it. i am not going to defend any of these candidates but i would say their backgrounds and for their actions a lot. he might have four words for donald trump, too little too late. maybe and he needed to be more of a politician. i want to inject some facts going on here, this is a report from reuters, not my own
reporting, this is what they are reporting. u.s. house of representatives speaker paul ryan called republican presidential candidate donald trump and ted cruz to talk about creating a bold election-year agenda. this according to the hill newspaper. judge napolitano: steve lucy asked donald trump about this and said what did you talk about? donald trump said we had a nice conversation. >> i want to get this in. paul ryan calling on marco rubio, of florida, and ohio, governor john kasich as well. this i would think the way i understand it as a journalist is we are going to talk with all of you, the establishment is feeling the pressure. >> first big test tonight in michigan and another highly anticipated contest could mean bad news for marco rubio. florida is just one of the winner-take-all state going to the polls next week on what is being done, supertuesday ii,
march 15th. new monmouth university poll showing marco rubio trailing donald trump in his must win home state, 38-30%. marco rubio denied a report that some advisers want him to get out of the race before florida to avoid an embarrassing loss. they are concerned it could not only end his presidential campaign but also hurt his future political prospects. marco rubio called the report false and made up. first let's start with you on the chances, marco rubio, is he really going to lose his own state of florida? >> it is looking like it. who is the staff -- i refuse to believe this comes from some place and the disloyalty, that continues to happen on campaigns in the eleventh hour i find abhorrence. whoever is doing this to him he knows he is going to lose.
he has to make a decision what his political career will look like after this election and it is part of the problem with how republican campaigns have been done so long. you can't look at your career past marco rubio at this moment, stick with your man. >> aside from the loyalty of the campaign, the way you see it should marco rubio get out of the race? judge napolitano: i don't think he should get out of the race. donald trump wanted out of the race so he can go toe to toe with ted cruz. keep calling him the canadian but this is marco rubio's last stand. his senate term is over. he was needed jobs in, repudiated by the state of florida, he has to go back to the drawing board. >> to lose to ted cruz or donald trump. >> i was listening to brian kilmeade, interviewing marco rubio, it is a lie, talking about suspending their campaign.
this wasn't interesting. it looks like ted cruz is putting out e-mails like he did with ben carson. brian kilmeade said is that happening? he said there is an e-mail from the ted cruz campaign, yes. then marco rubio said we are not going to run out of money. it is radio. i couldn't read it. i wasn't interviewing him. >> marco rubio is a young guy, he was at one point seen as the future of the republican party if not still by some supporters. what should he do strategically? >> be consistent. a lot of people don't want to be consistent in their analysis. marco rubio has every right to stay in this race. i won't, another republican candidate and do what the establishment is doing. marco rubio will drop out when he sees fit. let the process play out. we know that if you have not racked up a lot of wins and
spending millions of dollars to win your home state and all you have in florida much like rudy giuliani, the writing is on the wall. judge napolitano: if he does win it is a new ball game. >> they la believe he will win? no. but if he doesn't weaken talk about whether or not he should, but guess what, he will make that. >> 8% differential is outside the margin of error. going to be a big night. are you ready? we are here for you as the polls close and votes are tallied, tonight join bret baier starting at 8:00 p.m. eastern. the best election coverage and analysis anywhere. it turns out many americans don't like immigration even if it is legal. what is behind the growing sentiment and how is it playing a role in the presidential race? hillary clinton responding to allegations over the ongoing e-mail investigation, what she had to say.
right after the show catch more from the couch on the web, join us for "outnumbered" over time by logging on to foxnews.com/and "outnumbered," click the tab and send your questions or comments, tell us what you want to hear more about. this is joanne. her long day as a hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve.
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>> democratic presidential candidates facing tough questions at the fox news town hall last night indeed troy. hillary clinton and bernie sanders laying out a key differences in their campaign ahead of today's michigan primary. clinton inn sauce hot seat over the on going been a investigational is the former secretary of state once again claiming she hasn't been notified that off she or her staff are the subject of the fbi investigation. this coming just days after we learned clinton wrote 104 sensitive e-mails and on her unsecured server. >> nothing i sent was marked classified or that i received was mark classified. specifically with respect to your question, every government official, this is a legal
theory, not series of legal rules, gets to choose what is personal and what is officials. what we turned over were morrison 30,000 e-mails that i assumed were already in the government's system because they were sent to state.gov addresses. >> clinton said other agencies decide what is considered classified. our own chief intelligence correspondent katherine harris pointed out the intelligence agency that generates the information has the final say on classification. the first point about her saying she has not been notified the fbi is investigating her or her staff is par for the course. judge napolitano: and they notified you at the end, they did not notify her they are investigating others because of privacy regulations so her staff could be notified in her cross hairs, we suggested an attorney and the attorney speaks with us
and mrs. clinton did not know about it. i do not know if she has been notified. probably too early to be notified but at some point the fbi will come crawling and we would like to speak with you and your lawyer. do you want to talk to us or should we bring this to a grand jury? she has the awful awful hobson's choice of maintaining her innocence and candidacy or staying out of jail. she will certainly be indicted and the democrats are not going to run somebody for president who is a criminal defendant in a felony prosecution the >> will they run someone who has to plead the fifth? if it doesn't get that far that could be an option. the question of giving people in unity which i always understood as an encircling the person in the middle and makes it tougher to stand up and not be consistent on growth and with what is said because the person who is given immunity might be
saying things that could harm her. is that an indication that this is a criminal case? do you find in unity in civil cases? judge napolitano: no. the answer to your first question is yes, it is definitely a criminal case. the fbi investigates violations of federal crimes lead the commission of federal crimes and reaches of national security. the fact that they gave him immunity means a couple things, they are already working with lawyers in the justice department, not working on their own. presenting a case against somebody -- >> how can she say with confidence it is coming to close? >> going further on catherine heritage's awesome reporting, also points out hillary clinton said she handed over all these e-mails. was not an act of transparency. she was forced to hand over these e-mails that
representative torres she was openly -- judge napolitano: handing over the e-mails he handed over paper hard copies and let e-mails meaning she kept for herself the metadata that underlies every e-mail which the government would have gotten had she not taken in the first place. i am sick and tired of hearing her say this that she says over and over again, she said it to bret baier on what we just ran, quote, i neither sent or received e-mails marked classified. mrs. clinton knows this. nothing is marked classified. markings are confidential, secret or top-secret. she materially misrepresented bret baier, to the audience, to the democrats and the fbi who heard their say that until they're sick of hearing patty: >> why did people want to sweep this under the rug? judge napolitano: they are hardened supporters for her, they have a dream of a female progress in the white house and are willing to overlook even criminal activity to achieve
that goal. >> we are learning she personally wrote 100 secretive e-mails. judge napolitano: they contain state secrets, she was oblivious of the fact that these were state secrets and failed to safeguard them. she wrote them on a non secure server and sent them to people on other non secure servers who didn't have security clearance. >> when she says that was all that years ago she has no respect for history. judge napolitano: or federal law. >> bald faced lying, disregard for the truth. the you can warning of a spectacular peristyle attack claiming isis has big ambitions to wage even more attacks against the west. are we doing enough to protect ourselves here at home? pressure on the white house to declare isis slaughter of christians genocide. the administration says it has not done that because of legal concerns. we will ask our one lucky judge
>> welcome back to "outnumbered". a frightening warning from great britain's senior counterterrorism office, the u.k. is facing, quote, enormous and spectacular attacks by isis. something like what we saw in paris last year. in the words of mark riley quote making recent months we have seen a broadening of that, more plans to attack western lifestyle from that narrow focus on police military and symbols to something much broader. you see a terrorist group with big ambitions for enormous and spectacular attacks, not just the types we have seen foiled to date. i don't know that this is a news flash. they took a plane out, it does get bigger. judge napolitano: it is the news flashed commissioner riley made
the statement at the time he did. obviously sending a message either to the british people or the british government or these creeps from him they expect an attack that we are on your case and know you are coming and we are ready for you. i don't think this changes like in britain and i don't think it is newsworthy but it is newsworthy she would make this announcement now. i don't indeed make that announcement something were not up so to speak. >> unlike the united states the brits will not allow their liberal progressive party to jeopardize national security which is what is happening right here. how do we know national-security is being jeopardized? we know that a number, dozens of intelligence agents have stood up and said we have actively been asked to rewrite that narrative by this administration to scrub these intel reports, change the story line, the threat is downplayed. this is the huge story.
paulino security funding for the city of new york has been cut by the white house to add retribution because chuck schumer decided not to support the iran deal with this is what is happening here at home and we have a president who stands up and says at the same time saying downplay the threat to the intel officers we face, quote, no existential threat on the united states of america. that is not true at all. >> our enemy would tell us it is not true. they consider themselves very much an existential threat. they make videos about it all the time. is not breaking news that this is growing bigger. it is the missing group of scorpions and check. judge napolitano: why would this president who preserves words to weapons not use words to isolate them? even put them in a box the gully by calling it a genocide which might trigger actions by the european union where that word triggers certain governmental authorities and behavior is, i
don't know why he wouldn't do it. >> we get to genocide in a moment. >> wouldn't it be an admission of failure when you have to face the fact that pulling out, of iraq when he did, at least people in the u.k. are living in reality. >> wasn't getting it wrong with the term jasey for isis an admission of failure? >> you can't admit the threat now. what was the report, that isis has gaddafi's weapons, highly destructive weapons and the administration said too dangerous to go after them. there is no such thing as too dangerous. more people should be outraged that scrubbing these intelligence reports, there are active threats against the homeland and this administration is actively trying to suppress them. that is the huge story. >> we kept telling them.
judge napolitano: who orchestrated the demise of gaddafi? barack obama and hillary. >> you get the sense of urgency from the u.k. their current level of threat for terror remittance of the year. the attack is highly likely. is important to point out the news your giving us today is based on a general threat profile, not specific intelligence or known terror plot but you don't see us making those preparations in this country. we are not at the highest level of terror threat. >> even if it were more specific i don't think they would tell the world at this point. >> we are getting intel and they are saying scrub the intel. how do we know if there's a threat to the united states of america? >> the white house is facing mounting pressure to call slaughter of christians by the islamic states averages genocide. president obama and john kerry have until march 17th to issue a determination on that and when asked about that deadline white house press carried off ernest
says labeling the atrocities takes a legal designation from the state department. >> this administration has taken aggressive steps to protect religious minorities in iraq and syria. we express our concern on a number of occasions about christians being targeted by isil because of their religious views. the president described as effectively and assault on all people of faith. the president takes this seriously but as it relates to the genocide designation state department attorneys will have to take a close look at that. >> one of the many massacres demoralized, 21 coptic christians lined up in a northern beach and be headed last year. this is coming. and influential catholic organization, the knights of columbus will review report this week detail in the islamic state's systematic murder and rape of christians. i scratch my head at this.
i watched an interview with secretary of state john kerry and he said you got to do a lot of studies before we call this genocide. we need to dig down and get the facts yet the enemy makes videos of everything they do. judge napolitano: is beyond me, aside from the fact that they lose nothing and it costs nothing to do it this and will trigger certain actions by the european union, i feel sorry for josh ernest. i like him. he is a nice guy. you know how long it takes 8 department lawyers to declare what isil has done to christians in general and catholics in particular? 15 minutes. >> i never thought i would use these words but the kardashians understand this and have gone down this road. i mean this easily. the 100 year marking of millions of armenians killed, she fought the white house based on a promise prior to his presidency when barack obama was running
for president that he would call that genocide and when it didn't happen she was heartbroken. they resistance, i want to know what the white house -- what does it take? ended is a process for the state department but a political process. >> if you are calling people committing the acts against the christians j z and saying there is no war on terror, saying things like we have no war against islam, if you are saying all these things you are not going to acknowledge that there's something being done to the christians if you are not acknowledging who is committing the act. look at how they treated christians in the past just here at home. look at the hobby lobby bill, they indeed an honor religious liberties right here at home. if they are unwilling to protect americans and i say that going back to junction where a democrat who says why are you cutting counterterrorism funding in new york city? you are doing this punitively because i didn't support your iran deal. if the administration does not support new yorkers then why
would the administration stand-up to support christians in a far land against an enemy they refuse to name. >> to speak to what andrea it is talking about, we learned that from josh earnest because chuck schumer's name came out and was asked about it and that was alluded to in the news conference, genocide the the policy of deliberately killing a nationality. it comes under the definition of this. judge napolitano: andrea will appreciate this, this is chicago politics. punish the city because one of its sitting u.s. senators happens to be a mainstay on the democratic party did not vote away you want. >> my point is josh ernest saying this requires precise interpretation of the law. he is indefensible in this. what does he mean? judge napolitano: he means if such a long and drawn-out process that we can't rush it.
if the president for john kerry wanted the state department lawyers declare an act of genocide they would show up with the five page legal opinion in 20 minutes. 15 minutes earlier, that was 20 minutes. >> what are we doing with the extra 5 minutes? judge napolitano: finding john kerry. >> there is blood on this administration's hands ever since the red line. these people have been chemical gas, the biggest refugee crisis since world war ii, history will reflect on this very badly with the united states in all of this. it is horrific and hard for me to talk about this because it is the worst kind of atrocity that exists and if we truly believe america is the greatest nation we should be helping these people and at least labeling it. that is all we are asking, for you to label it genocide. you don't have to do anything else because obama won't but you can't even label it. i can't imagine what it feels
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summer find 34% of americans favored the decrease in immigration. just 25% favored an increase. 40% said immigration levels should stay the same lesion the meantime in 2002 another poll found only 1% of americans mentioned immigration when asked to name the two most important issues for the government to address. that rose 19% last year. the big question is why? sandra smith, why do you think this is? view you'd cover the job market, it can be argued a lot of these jobs, you see americans wanting, needing a being affected by immigration. is this one of the reasons the sandra: it does come down to economics and money for a lot of people. 50% of respondents agreed i am not confident in the economy's ability to return to stronger growth. they are worried about where we are and our ability to rebound
and a horrific recession we were in. 52% agreed, quote, u.s. businesses will be increasingly non-competitive and denigration plays into that. >> some people will say it is because of donald trump and everyone in the right is that cfo. besides the ebola mike impact, we saw the story line of sanctuary cities, unfortunate events when immigration can go wrong. a lot of americans believe in immigration. i am a product of first-generation americans, could that be as well? judge napolitano: i am a product of immigrants, three of my four grandparents came from italy as babies. i would have descended in these polls. i think the influx of legal immigration is good financially. the wall street journal argument which donald trump doesn't want to answer, many jobs only immigrants will take, culturally that they refresh american blood
and american ideas and welcome them with open arms that this is an era, sorry to say, of xenia phobia and it is one of the reasons donald trump is able to capitalize on it. an irrational fear of things and people far, but it is our real fear, a genuine fear people have and the government ought to address it. not by provoking it, not by making it worse but by making people understand immigrants have made the united states of america abettor place. >> one thing that would go through my mind would be to ask respondents to the survey do they see a difference and what the differences are in their minds between illegal and a legal immigrants? part of the argument has been with all the talk of amnesty that there is no different in their minds because they think even people here illegally move the date on the calendar they become legal. they are unsettled about the possibility of millions of people doing that. they categorize everybody. judge napolitano: is a question
of fairness because if one family has done everything right and another family does not, why should there be -- >> why should that person compete for a job when they bring that position? >> is that what people are seeing? they are seeing administrations wanting to legalize millions of americans who broke the law. even if they are for legal immigration they might have a fear that someone will take their job or an irrational fear. are at their fear is justified? you have to argue immigration's problem is out of control in this country. >> what is rational is when you talk about the san bernardino terrorists coming here legally, a lot of us have to do with terrorism as well. that is an aspect that freaks me out more than anything. jobs are also on the top of people's list but people getting into this country and not being properly screened, assyrian refugees, i don't have faith the government can screen these people properly.
judge napolitano: historical given, when people are afraid they will opt for safety. for the known rather than liberty and the unknown it can bring. >> that is human nature. in the bunker, that is what we do. >> we will go in the bunker for couple minutes, our first break. judge napolitano: we will all be in a bunker together. >> a new apps that allows the people to read people, can we do that on the couch? look out. i am going to dial the apps right now. includes some anti bullying features but is that enough? would you use it? would you want to see how people rate you? before earning enough cash back from bank of america to take their act to the next level... before earning 1% cash back everywhere, every time...
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michigan a few minutes ago. he is rising in recent polling, giving ted cruz a run for his money behind donald trump. john kasich says if he spent any more time in michigan he would have to pay taxes. bill clinton speaking in illinois campaigning for his wife, the democratic nominee as democrats vote in michigan and mississippi. the new nbc news poll shows hillary with a 9 point advantage over bernie sanders. a lot of political news but a big day for it, top of the hour. >> the apps dubbed the yelped for people is finally here. allows users to rate users and three categories, personal, professional and romantic. it starts a lot of controversy when word broke last fall with critics saying it could be used to be people. in response the air when's creators added a few weeks like requiring reviews to be approved before they are made public. i never want to know.
>> character is your currency. >> i have bad break ups. i don't want that on an apps. judge napolitano: where does it go? if you read me does anybody besides me see it? >> it is like yelp, don't want to date with harris. >> i am on the air when right now, gave you five stars as up professional colleagues, nothing to worry about. >> i see a lot of lawsuits, seriously. the ability to take somebody down whether it is your kid's soccer coach or fifth grade teacher. judge napolitano: expressing opinion, as long as you give reasons for the opinion or the opinion is generally known or the reasons generally known, protected speech, but bullying
is not. intentional infliction of emotional distress. >> what about character assassination? judge napolitano: that is protected. a lawyer's dream. >> arguing for megan -- if some bad guy decides to post a review and there is protected speech with certain things, what could someone post about an ex-boyfriend fed could get them in legal trouble? judge napolitano: the general rule is the remedy for bad speech, even hate speech is not censorship or litigation, it is more speech, disproving -- >> he insulted me, he is a bad boyfriend, wait a minute -- judge napolitano: accusing someone of committing a crime is liable. is automatically defamatory. truth can be a defense, or it could be without any damages because you could say peyton manning took a hormone that helps him be a great
quarterback. he denied it, no harm no foul. >> teenagers using it, you can say something -- judge napolitano: the problems -- because they are sensitive. they moved in groups and they will use consensus of the group to attack. >> there are adults who bully in the workplace too. judge napolitano: should i get this people thing or -- >> give us any reviews. judge napolitano: we might use -- >> you might like people. >> i am totally against it. we will be right back.
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>> fox news will be with you all night long with the best election coverage anywhere out there. bret baier and megyn kelly are all over the four state the programs as the polls close and the tar kelly. it starts tonight at 8:00 eastern right here on fox news. we thank judge andrew napolitano for joining us today. put that away. "outnumbered" over time will be a great opportunity to do that.