calling it sabotage if they do and suggesting it will backfire on the gop. >> this collision course playing out as republican rivals are at war with one another with everyone clamoring for the upper hand. george w. bush hitting the trail with his brother jeb and firing back at donald trump's attacks. >> reporter: this morning senator hair reread taking aim at the republican leadership saying they will block anyone nominated by president obama replace antonin scalia. for the "washington post" op on ed, he wrote, if my republicans colleagues proceed down this path this act alone will define their time in the majority. thinking otherwise is fantasy. reid and mitch mcconnell have

been trading jabs. party lines have been drawn. >> republicans are talking about the republican playbook. this is the playbook we should follow, the constitution of the united states. >> president obama has gotten two activists judges on the court. capable, intelligent justices but share deeply his philosophy. >> reid and other democrats are hoping the white house pick would be someone they would ordinarily support. to point out it is politically motivated because it is an election year. >> there's no exemptions for when a vacancy could tip the balance of the court. >> the process is under under way as the vacancy intensifies the race. ted cruz, a member of the senate judicial committee, amplifying what is at stake with a new ad. >> life, marriage, religious

liberty. the second amendment. we're just one supreme court justice away from losing them all. >> the hopefuls have digging their heels in on the issues shaping the race. >> we're not moving forward on a nominee until after the election. >> barack obama is president of the united states until january 20th, 2017. whether the republicans like it or not. >> reporter: we may get a window in the president's thinking about replacing justice scalia today when he talks in california. he said he will nominate someone in due time. one of the options may be nominating a sack official lamb who might have no chance of getting confirmed but whose rejection could gal annize voters and increase turnout in november. >> john berman, do you accept this nomination?

>> i will be the sack official lamb. >> let's do it this way. i don't want to let you have your word. politically it is bad for me. i don't want to risk you giving us a nominee that we may have to appoint because of any process. i don't like it. i'm a republican. i want to save it until afterwards. that's my position. what's wrong with that? >> well, there is no precedent for there not being some kind of appointment in an election year. it's not just mitch mcconnell saying we are not letting this go through. he is saying don't even bother. and then follow it up with american people need a say. this goes to a deeper issue for republicans. we have a very long time until the election. that's why.

it is certainly the republicans prerogative to say exactly what you just said. we have seen it ever since the rules changed in the senate. it's not a surprise given how partisan d.c. is. this is not a shock given what we have seen over many years. but it is a risk for republicans for the reasons we just heard. you can see the president appoint somebody who meets a bunch of demographic boxes essentially and who the republicans look like they are bringing in-house by refusing. >> democrats are taking great umbrage. but republicans are point to go things they have said in the past, such as this statement from chuck schumer. >> we cannot afford to see justice stevens replaced by another roberts or justice ginsburg by another alito. given the track record of this president and with respect to

the supreme court at least i will recommend to my colleagues that we should not confirm any bush nominee to the supreme court except in extraordinary circumstances. >> that was in 2007 with more than a year left on george w. bush's term. is this the silver bullet they need to do, aha, we don't have to do this. >> i for one that democrats would say something differently when there is a republican in office. that shocks me to my core. i don't think it's a silver bullet. i think this will continue to be an issue. they will continue to fight this. because, you know, that is essential they will say it doesn't matter. i will say there is also political risk for mitch mcconnell if he does go forward. you have to imagine the base will never forgive the establishment republicans if they good forward with a nominee. it looks like obama is getting something that he wants.

it's plain and simple. >> they could have been in the same place politically had they said, go ahead, nominate someone. then let's hold a hearing. then they don't have a vote? they may have miss played their hand here in the first 12 hours. i may be on team jackie here not team maggie on the issue of the biggest political risk. jackie says there's more of a risk in republicans not standing in the way of the nomination. you say there is a great risk of them standing in the nomination. i think this is over. president obama is not getting his supreme court pick by november. i think there will be a hearing. but i think this is over. the remaining question is what is the president going to do about this? how is he going to handle this? will he nominate somebody that will, as you say, embarrass the republicans? will he fight for that person

every day until november. is this how he wants to spend his last year in office? >> to your question about the great camp, the two can be true at the same time. but i think it is true of democrats. there are reasons for both. this is not how president obama wants to spend the last year of his presidency, period. we will know a lot in the next couple days how this is going forward. only he is going to fulfill his constitutional obligation between when he actually says something. and now you will hear from hillary clinton and bernie sanders who will be filling in the other side of the page. >> here's why i think this is a worthy discussion. even though it seems to come to a quick impasse. jackie, i'll direct this to you. isn't this an example why the notion of being a renegade

outsider sounds good but winds up immediately introducing an obstacle of process? isn't this an example of saying when i get down there, i'm going to make things happen is just yip yap if you >> tony: how to work the system. >> i don't know. mcmitch connell is a constitutionalist to his core. it seems like a political calculation on his part. he knows how things work. i don't know if this is something about not being able to get things done. >> i'm team jackie not team chris. get the candidates to come out and say i'm going to stand in the way of this. he is the outsider. >> he's an obstructionist in the senate. >> i think there is a distinction without a

difference. >> but i like my word. now you have guys saying when i get in there, and ladies, when i get in there, i'm going to do it different. they have the political will or desire and they get it done. there is no changing the system. this is how you make accommodations. >> to john's point, i'm more team jonathan team chris. going with the team motif this morning. i think ted cruz has been struggle to go get a toehold against donald trump into new hampshire and south carolina where it is a more conservative state. i think he is saying this is the bedrock of my candidacy. i want to stop this kind of thing. and i would be as strong or stronger than mitch mcconnell. and older republicans saying

mitch mcconnell needs to hold strong. this gives ted cruz a chance to reframe the race, with what he would do about d.c. and say this is a very serious thing. >> did ted cruz want to make it about culture? >> absolutely. i think it helps ted cruz in the short-term. look at the ads against donald trump right now. >> the gop wanted to stay away from it. >> all these candidates in swing states are siding with mitch mcconnell here. they are siding with the conservative side. they are worried about upsetting the base. >> jackie cue sis in, i lost the debate but won overall because we had a great segment on the show. >> american people win. a quick programming note. president obama will hold a press conference this afternoon. he is expected to be asked about the heated battle over his

supreme court nominee. cnn will have coverage as he makes the case for working together 4:30 eastern. >> i just decided what the show will be when you are anchoring together, a bro-cast. don't let it go down in flames. moving on to the 2016 race. the bush brothers teaming up on the trail in south carolina. taking shots at donald trump without actually saying his name. this is the war of words escalating among rivals with trump in the middle of it all. chief political correspondent dana bash live in washington. >> this is a bro-rally. george w. brought a different jeb with him. he shed his glasses. i can tell you a lot of supporters said contributed they thought to his struggle to project strength. but most of all bush advisers

got one they were really looking for. the best news coverage jeb bush has gotten in months. george w. bush drew a large crowd and a deep distinction between his brother and donald trump. >> strength is not empty rhetoric, not bluster, it is not theatrics, real strength, strength from purpose comes with integrity and character. in my experience the strong usually isn't the loudest in the room. >> reporter: he never uttered trump's name but he needs to. >> we don't need someone in office who mirrors and in flames our frustration stkpwhrr he doubled down on criticizing him for 9/11. >> what about during 9/11? i was there stpwrr the former

president recounted what happened that horrific morning. >> george w. bush energized mott just is the crowd but his brother, the candidate. >> i thought it was a little strange that a front-running candidate would attack the president of the united states, who did keep us safe. while he was building a reality tv show. i can beat hillary clinton. i can promise you that. >> reporter: meanwhile trump, the south carolina front-runner, is waging all-out war, not just against bush but ted cruz. closest to trump in most polls. >> ted cruz is the most dishonest guy i think i have ever met in politics. i think he is an unstable person. i really do. >> he apparently lost it. >> cruz is now stepping up his attacks on trump, on the stump and in ads. >> i am pro-choice in many respects. >> south carolina cannot trust donald trump. >> cruz is taking incoming from

two opponents calling him a liar. >> i have never, ever met a person that lies more than ted cruz. >> donald trump and marco rubio both have the very same pattern. whenever anyone points out their record, they simply start screaming liar, liar, liar. >> reporter: and the name-calling is happening nonstop on south carolina airwaves right now. negative tv ads from ted cruz, mario rubio's superpac supports all of them. they have seen ugly politics before. but candidates for president calling each other liars. it is mudslinging at a new level. >> yeah. and there's still four days left. imagine how bad it can get from now. dana bash, thank you very much. the white house says the president will go to vietnam. he will be the third president

to visit since the end of the vietnam war 40 years ago. stars are out in full force at the grammys. taylor swift making history by winning best album, the first woman to win the top honor twice. the thrills certainly did not end there. have a look. >> welcome to the 2016 grammy awards. but right now it's 1989. >> and taylor swift is's year it was. three grammys, including coveted album of the year. >> to all the young women out there, some day when you get where you're going you'll look around and you will know that it was you and the people who love you who put you there. >> rapper and powerhouse kendrick lamar. electrifying the audience with an explosive performance.

uptown funk made record of the year. ed sheerhan and meghan trainor with their first wins. and adel falling short of vocal perfection when audio marred her performance. and ernest tributes. lady gaga paying tribute to david bowie. many thought it was broadway that stole the show. a live broadcast of the opening number of the hit musical "hamilton" dazzling audiences and winning best musical theater plum. that's the only way i'm going to be able to see that show was on the grammys. what a night. what a night. >> do you give gaga -- >> lady gaga to you.

>> represented the dance moves -- >> absolutely. threw herself into that role. >> she worked on that. she wanted to represent him as much as possible. in kendrick lamar. adel. >> she blamed it on the audio equipment. >> it's going to get ugly early on this show. >> yeah, i will. >> all right. you just saw jeb bush side by side -- she's going to beat you down during the break. the former president was there rally voters in south carolina. how did bush 43 handle trump's attacks and can he save john berman's life, ahead. when i lay in my tempur-pedic contour- the next thing i know it's morning. with tempur-flex you've got the spring and bounce of a traditional mattress.

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all right. the sight not seen since 2004.

george w. bush on the campaign trail. bush 43 trying to help his younger brother become bush 45. maggie, he did not mention donald trump by name, but this speech was all about donald trump. >> it was. it was very clear who he was talking about. although i heard from one of his aides last night who said he didn't mention donald trump. you're making too much of this. we're not making too much of this. that's not the only one. he could be talking about ted cruz. he could be talking about a couple of people. but donald trump dominated jeb bush throughout. i thought he made a compelling case about certainly the past of the party, where he thinks the party still should be. i think it was about as effective a case as you're going to see.

imagine a year ago when jeb bush was saying i'm my own man. this is not about my brothers. i'm my own man. it says something about where the race is owing. >> who might he be referring to. take a listen. >> strength is is not empty rhetoric. it is not bluster. it is not theatrics. real strength, strength and purpose comes from integrity and character. and in my experience, the strongest person usually isn't the loudest one in the room. >> jackie cue cynic, you first. what do you think of the impact and the context of the remarks? >> the bushes are very popular in south carolina. this does seem like the right move coming into the primaries.

the other thing watching president bush speak is a reminder how good he is on the stump versus how stilted jeb still is. it's not even close. that said, there are a lot of warm feelings. obviously barbara bush definitely helped humanize jeb a little bit in new hampshire. but as maggie says, it remains to be seen whether this works with south carolina voters or not. >> who benefits here? is it clear that jeb bush gets all the anti-trump vote, or does marco rubio benefit? or does having w campaign hurt marco rubio more than it hurts jeb? a lot of different pieces at play. >> that's a good question. that's in large part where you not only hurt the not so veiled illusions to donald trump. but also when he was speaking about the pluses from his perspective about his brother it

was about experience. it was about strength. it was about that he was the governor of a southern state, contrasting him with marco rubio. he is a first term senator. that was intentional too. john, you covered george w. bush when he was governor, first running for president. i covered his election campaign in 2004. it is such a reminder that when you are a politician there's that "it" factor that can't be practiced. jackie is right. just watching george w. bush on the stage, the way he had the crowd, he has the it factor. he brought it out more than we have seen. his brother is more cerebral, more thoughtful. >> maybe i'm a little blind to this. how does it work in your mind,

the dynamic of the two brothers? george w. comes out there, oh, he's better on the stump. he's a reminder of what jeb might not be. just by their being siblings, it is not the same competitiveness. does the sprt benefeniority ben bush? >> in south carolina, the bush family has been dominant in politics the last 25 years. that state was very crucial to their successes. i thought the joint interview they did last night together on fox news was a little less of a great visual. it's always very uncomfortable when you see these people in their joint interviews. but i didn't think the contrast was terrific. it was much better having him as a surrogate. i thought he was effective on the stump. >> it was interesting here when he answered questions about the

campaign. let's listen. >> we watched the attacks and the back and forth. they get you mad, they get you frustrated? >> they don't get me mad. i get puzzled sometimes. i know jeb can handle it. these campaigns need to be tough because the job is tough. we want to see who has the ability to endure. if you wilt on the campaign trail, you'll darn sure wilt in the oval office. >> one of the things that frank rooney covered is george bush always looked comfortable in his own skin and looked like his suits fit just right. jeb always seems to be doing a little bit of self exploration there. >> that comment you just played to me was vintage george w. bush about what we were talking about. he's kind of digging all of jeb bush's opponents he was clearly talking about marco rubio

wilting. if you wilt there, you can't make it in the oval office. that was something we heard behind the scenes from bush officials after the disastrous debate performance in new hampshire by marco rubio. he is subtle, but he is making his point very clearly about jeb bush's opponents. >> for all the talk about establishment, bad. establishment, bad. south carolina, what you're pointing to is contrast between the two siblings. might it play differently in the south where that dedication to family and that understanding of heritage may play differently, especially and specifically the heritage of the bush family when it can comes to politicking in that state? >> again, the bush family is very strong in south carolina

and other parts of the south. it's hard to think this actually hurts jeb bush. to answer your question i think this is a net positive for jeb at this point in the campaign. >> you can't run away from your family. he is made the decision to run dead straight at them. thank you for being here. they will make their pitch directly to the voters in south carolina. a cnn special event. a live town hall tomorrow and thursday both moderated by our man anderson cooper. tomorrow, carson, rubio and cruz on the stage. not just able to go at each other. they have to teal with real people and their problems. kasich, bush and trump thursday

night. both 8:00 p.m. eastern only on cnn. who is to plame for deadly air strikes on two hospitals in syria in doctors without borders claim they were deliberate. we're live inside syria next. can make meals legendary. we want to help you realize the rich taste that pure can bring. because pure tastes better. vo: it happens so often, you almost get used to it. i'd like to make a dep-- the rich taste that pure can bring. we got this. vo: which is why being put first takes some getting used to.

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the kremlin denying reports that russian warplanes bombed two hospitals and a school in syria, killing 22 people. fred pleitgen is live with the very latest for us and what we know. fred? >> reporter: hi, michaela. absolutely horrifying attacks. one in syria. one more toward the east, one towards the west. both in highly contested areas. in one of the attacks, apparently a hospital was bombed. then rescuers went in to try to save the people who were wounded. then that hospital was bombed again, killing even more people. so a lot of carnage. of course now the big question, who did it. the turks claiming the russians were behind one of the strikes.

the russians denying it. one of the strikes they believe was conducted by syrian regime airplanes. the syrian government denying that. the syrian government says they believe the u.s. was behind one of the bombings. america says our planes were nowhere near that area at any point in time. certainly a lot of things unclear on that battle field. amnesty international, however, is saying that the bombing, targeting of hospitals, schools, and civilian areas amount to war crimes. john. >> all right. frederick pleitgen with reports of what is going on on the ground in syria. thanks to fred. back on the campaign trail. something you do not see every day. hillary clinton barked during an event. yes, barked. what am i talking about? you'll have to tune back in in a minute to find out.

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mad. campaigning in nevada ahead of

saturday's caucus. she referenced an old radio ad that had a dog trained to bark when a politician makes a false statement. after describing the ad, this is what happened. >> one of my favorite, favorite political ads of all time was a radio ad in rural arkansas where the announcer said wouldn't it be great if someone running for office said something we could have an immediate reaction as to whether it was true or not. well, we have trained this dog. and the dog, if it's not true, he's going to bark. i'm trying to figure out how we can do that with the republicans. every time they say these things, oh, the great recession is caused by too much regulation. bark, bark, bark, you know? >> her inner terrier. so what do you think of this strategy? is hillary clinton barking up

the right tree? >> well, i think what you saw there is her indication that there's too much rhetoric in this campaign. and quite frankly, it's not just on the republican side. we have a lot of fiction on the democratic side. and so what we have to do as we get closer to south carolina primary is really analyze the candidates's positions and separate is fact from fiction. >> that are you seeing on the ground in south carolina? there's talk. we're working on numbers right now at cnn as we speak. the race is getting closer in south carolina and nevada. what do you see as working on the ground in south carolina? >> well, the latest polls i've seen hold a sizable advantage anywhere from 20 percentage points to 38 percentage were

points. however, having said that, no stone is left unturned. the clinton campaign is canvassing neighborhoods, making calls. she has the right vision for the state of south carolina. and as the campaign goes, more voters are paying attention to senator sanders's proposal. for example, the college -- college that he has been stating. there's analysis that that's $300 million underfunded. and so what we have to do is separate the fact from fiction. we all want to regulate wall street. but when we talk about busting up wall street, what does that mean? secretary clinton has a plan. she's been meeting with disadvantaged businesses in columbia, south carolina.

kiki's chicken and waffles. she has a plan for hbcs, capital of $25 billion. she speaks of not only reigning in wall street but allowing opportunities for historically disadvantaged businesses to participate in procurement opportunities and fair lending. the other point that goes really not talked about by senator sanders is there's massive capital on wall street. there are certain able and qualified minorities, women, people of color who haven't had a chance to invest that money on wall street. >> right. >> but if you look at their returns, the returns are just as good as the others who have had that advantage. but she has an economic agenda. that's what south carolina is focused on. >> there is no question that details matter. but campaigning.

it probably won't be the wheel house for most voters. this is going to be about what you can do to make them believe in the role of government. and you really don't think senator sanders will get any purchase with the socioeconomic strategy he's doing with in south carolina, especially saying this is a rigged system. that's what he's about. his passion is to correct that. you don't think that's going to resonate with voters in south carolina? >> well, i actually commend senator sanders on his eloquence on income in equality. the fact is we have a hymn in south carolina the words don't speak for me. it has spoken volume ises in south carolina. we are familiar with her. we are not as familiar with senator sanders.

and that's his enormous challenge, to make south carolinaians familiar with his policies. i think if you look at 2008, the majority of the voters overwhelmingly were people over 45. we hope the young people show is up this time. because i think secretary clinton has made a lot of inroads, particularly at the historically black skphrepblgs universiti colleges and universities. she is the most capable and qualified candidate. and we are going to support someone who has been here for us and whose work speaks volumes for the state of south carolina. >> understood. as you remember, in 2008, the man who won was pushing hope and change. thank you for being on the show. we look forward to seeing you

again. peyton manning named in a lawsuit for hostile sexual environment. details next. products. because no one kills germs better than clorox.

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all right. reuters is reporting peyton manning is one of many cited in title ix lawsuit. >> the current suit is is not against manning. they are claiming the school created a hostile environment. according to reuters, it cites several incidents to the 1990s. manning denied allegations and said he was mooning a fellow player. a trainer filed a lawsuit which reuters reports was settled with the agreement. but the trainer leave the school. cnn has been unable to reach manning's reps. the university of tennessee said "the claim that we have allowed a culture to exist contrary to our institutional commitment to providing a safe environment for our students or that we do not

support those who report sexual sexual assault is false." michaela, just to reiterate. the current claim is against the university of tennessee. while named in the claim, he is not a defendant in the suit. thanks so much for that. all right. did you see last night's grammy awards? it certainly did not disappoint. if you didn't, we will break down the key moments for such a big night for you. ♪ alright, what do you think boys? we could do tacos. we could do some thai. ooo... how 'bout sushi, eh? [weird dog moan/squeak] why not? [dog yawning/squeaking] no, we're not, we're not having barbecue... again. [quiet dog groan] why? because you're on four legs, and i'm on two... and i'm driving. that's why. [dog whine]

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♪ that was kendrick lamar's performance at the 58th grammy awards one of the most standout of the night. the rapper took home the award for best rap album. joining us this morning, host of reliable sources and cnn senior media correspondent. kendrick lamar, hamilton, omg. cut to taylor swift. what stuck out for you. >> if oscar so white. this is grammys so diverse. it is the one to watch on youtube this morning. it is the difference between making music and marking art. he has something to say. 1989 actually won album of the

year. >> not without some of the troubles, though. >> oh, my goodness. >> the broadcast pretty rife with glitches. >> a hot mess. there were mistakes from beginning to end. cbs live stream had trouble. rihanna had to back out with laryngitis. >> lauryn hill didn't show up. >> probably most dramatically of all, adele's trouble. what did you say? >> don't you dare say it. >> i had my team of researchers look into this. she said a microphone fell. >> she said the piano mikes fell on the strings. that's what the guitar sound was. she said i'm treating myself to in-n-out burger. maybe it was worth it. >> we can decide for ourselves. >> all right.

okay. we're not listening to it. >> just imagine. >> she sounds a lot better than i do and ever would. there were problems on her end. she did power through i thought no matter what and got a lot of credit for that. >> another researchers says isn't she going to win 85 grammys next year. >> she'll be the one to beat next year. kanye west thinks he will be in the running too. that's a whole separate matter. it makes expectations for her next year given that she had trouble this year. >> so much anticipation of what this live performance was going to be like. we also know last night they paid tributes to earth, wind and fire, david bowie. >> lady gaga really stood out.

>> she became him. you could tell the hundreds of hours she put into that performance. it was a dissident night. tributes to the past. but then young stars winning the awards. taylor swift. also bruno mars. >> music is unique. and it's a necessary recalling of the past. so much is directive testify. bruno mars, he's got three generations but james brown to thank. >> and he knows it. >> they are very gracious about it most usually. >> can we look at the overall winners. let's pull it up. plum of the year, taylor swift. some thought kendrick lamar might take it. best new artist, meghan trainor. best song, ed sheeran. best rap album, kendrick lamar. best country album, chris

stapleton. >> song of the year, song is for the songwriter. record is for the entire performance and engineers as well. it was in some ways -- >> and alabama shakes. >> hamilton performing and winning for best musical album moments later. to see them on stage in front of 25 million viewers. >> hey, get in on the conversation. tweet us at "new day" or facebook. >> we're following a whole lot of news. let's get to it. scalia dies and one second after he's dead they're starting fighting about politics. >> barack obama is president whether the republicans like it or not. >> we have a divided party.

>> jeb bush has the experience and the character to be a great president. the strongest person usually isn't the loudest in the world. >> very unstable guy in cruz. he's nuts. >> the dog, if it's not true. he's going to bark. how can we do that with republicans? bark, bark, bark. >> i am not a single issue candidate. i am not a single issue candidate. >> the idea of a single issue candidate. it's one issue. >> "new day" with chris cuomo, alisyn camerota and michaela pereira. good morning. welcome to "new day". alisyn is just off. john berman is here with us this morning. all-out political war erupting of who will replace supreme court justice antonin scalia. locked in a heated battle whether obama should pick a

successor. >> it is politics at its worst. and an echo of the current state of the presidential campaign. liar, loser. from first to last. hearing it. everyone fighting for the upper hand or lower hand, you want to look at it. former president george w. bush hitting the campaign trail to help brother jeb and firing back at were donald trump's blistering attacks. cnn has it covered from all angles. good morning, joe. >> good morning, chris. this is about the president's pick right now. he's the one who gets to choose. the white house has a number of names of potential supreme court nominees. but as always, it could take some time to whittle down the list to a group of finalists. administration source ises told cnn there may be another consideration, the main scenario the white house envisioned was filling the vacant seat of one of the liberal justices. right now they are looking at a

very different situation is. this morning senator minority leader harry reid taking aim at the republican leadership for saying they will block anyone nominated by president obama to succeed supreme court justice antonin scalia. for the "washington post" op on ed, he wrote, if my republicans colleagues proceed down this path this act alone will define their time in the majority. thinking otherwise is fantasy. reid and mitch mcconnell have been trading jabs. party lines have been drawn. >> republicans are talking about the republican playbook. this is the playbook we should follow, the constitution of the united states. >> president obama has gotten two activists judges on the court. capable, intelligent justices but share deeply his philosophy. >> reid and other democrats are hoping the white house pick would be someone they would ordinarily support.

to point out it is politically motivated because it is an election year. >> there's no exemptions for election years or the president's last term in office, no exemptions for when a vacancy could tip the balance of the court. >> the process is under under way as the vacancy intensifies the race. ted cruz, a member of the senate judicial committee, amplifying what is at stake with a new ad. >> life, marriage, religious liberty. the second amendment. we're just one supreme court justice away from losing them all. >> the hopefuls have digging their heels in on the issues shaping the race. >> we're not moving forward on a nominee until after the election. >> barack obama is president of the united states until january 20th, 2017. whether the republicans like it or not. >> reporter: we may get a window in the president's thinking

about replacing justice scalia today when he talks in california. he said he will nominate someone in due time. not clear what that means. sources told cnn one of the options may be nominating a sack official lamb who might have no chance of getting confirmed but whose rejection by the republican-controlled senate could galvanize voters and increase turnout in november. >> joe johns, thank you so much. so it was a presidents' day event. former president on the trail defending from an in surging candidate. in this case it is his brother. george w. bush stumping for brother jeb for the first time at a rally in south carolina. not the loudest and angriest guy in the room. who do you think he was talking about right there? dane ya bash joins us this morning. good morning, dana.

good morning, john. it was his first political rally of any kind in about a decade. he broke his strict presidents shouldn't play politics rule to help out his baby brother. george w. bush drew a large crowd and a deep distinction between his brother and donald trump. >> strength is not empty rhetoric, it is not bluster, it is not theatrics. real strength, strength from purpose comes with integrity and character. in my experience the strong usually isn't the loudest in the room. >> reporter: he never uttered trump's name but he didn't need to. >> we don't need someone in office who mirrors and in flames our frustration. >> he doubled down on criticizing him for 9/11. >> what about during 9/11? i was there.

>> the former president recounted what happened that horrific morning. and then segued to jeb. >> george w. bush energized mott just is the crowd but his brother, the candidate. >> i thought it was a little strange that a front-running candidate would attack the president of the united states, who did keep us safe. while he was building a reality tv show. i can beat hillary clinton. i can promise you that. >> reporter: meanwhile trump, the south carolina front-runner, is waging all-out war, not just against bush but ted cruz. closest to trump in most polls. >> ted cruz is the most dishonest guy i think i have ever met in politics. i think he is an unstable person. i really do. >> he apparently lost it. >> cruz is now stepping up his attacks on trump, on the stump and in ads.

>> i am pro-choice in many respects. >> south carolina cannot trust donald trump. >> cruz is taking incoming from two opponents calling him a liar. >> i have never, ever met a person that lies more than ted cruz. >> he's lied about my position on marriage. >> donald trump and marco rubio both have the very same pattern. whenever anyone points out their record, they simply start screaming liar, liar, liar. >> reporter: and the it's hard to believe ted cruz, marco rubio and donald trump vowed to run a positive campaign and not go after their opponents. this is what happens had the stakes are as high as they are now. just four days until the critical south carolina primary. it's ugly. >> plenty of time for worse as well. dana, stay with us. our friend of "meet the press" fame, david gregory and and special correspondent jamie. let's play a little bit of what

president bush had to say yesterday about establishment. he had a good spin on it. here it is. >> you know, i thought it was appropriate to discuss the subject i know a lot about. what it's like to be president. being a president was a high privilege and the honor of a lifetime. by the way, if serving as president of the united states makes me a part of the so-called establishment, i proudly carry that label. >> gregory, interesting. on presidents' day, you had two presidents out campaigning, both trying to stop insurgent campaigns. clinton trying to stop the sanders surge and obviously what we saw with george w. bush trying to help his brother. if you can resist sounding too much like him when you detail for us the impact what do you think the plus minus is for jeb. >> it would come rather easily.

it's a big pwroefrplt it helps because it is the voice of authority. it can make the case. it's ironic donald trump reopened the wound and the debate of the iraq war.

the lessons of iraq. the leadership. legacy of iraq as they think about foreign policy changes. >> all right. two very good points david is teague up for us. the dynamic between the men. the other is about bringing back this idea of the reckoning of the war. let's split it up. jamie, let's start with you. you know this family well. the idea of contrasting these two men, do you believe that that's going to be the main takeaway for south carolina voters, or is it just going to be a boot strapping of the bush bona fides? >> look, i think the campaign was worried about having these two men side by side. as david just said, former president bush is a natural. he has a lot of on qaa can list ma. he's good at retail politics.

pictures of him yesterday taking selfies with people. so that comparison the campaign was worried about. that said, jeb had his best speech yesterday. that will up his game. at this point, will the bush comparison hurt anymore? i don't think they have anything to lose at this point. >> jeb said to us in new hampshire before an appearance here on "new day" i was asking about the family and how it works for me. he looked at me and he just quickly said without even thinking nothing motivates me more than my family does. i'm all about my family. you have to remember politicians are still people. donald trump, has he had another stroke of genius, dana. he says something you never hear republicans say. there are a lot of people in

that party and independents and moderates who don't think there was a good case for it. lying, they take it a little too far. in this campaign there seems to be no line of decorum. >> you took the words out of my mouth. no question there has been a growing number of republicans for years saying, wait a minute, what do we do here with regard to the iraq war. but the lying portion of it, that might take it too far. because what he's saying is that george w. bush knowingly went into is a war based on false pretenses. that aside, i think that the other question is the 9/11 question. and whether or not that is potentially as explosive and could backfire against donald trump like many people think. 9/11 is and was the one area

that people, especially republicans, look back on the george w. bush presidency with fondness about how he handled himself and how he handled the nation. so that is a very, very riski strategy. however, having said that, every time we have said donald trump is engaging in a risky strategy, it doesn't. so who knows? >> chris, look at where we are. this is unbelievable. in 2000, george w. bush gets hammered in new hampshire, consolidates the race by winning. his father had done the same thing when he ran. here you have donald trump who sounds, as jeb bush said, like michael moore. he is someone who said he is pro-choice in every respect. and he is a big front-runner in south carolina. you're jeb bush, great you have your brother and he is the best is surrogate you can have. it maybe ups your game a little

bit. but he is far down in the polls. whatever happens, he has to split the vote with kasich and rubio. >> here's the case that donald trump is making. let's play it. >> i had to say i'm sorry. >> the world trade center came down, the greatest attack in history. you had the war, which was a big mistake. few people would say the war in iraq was a positive. you had him saying all sorts of things on the aircraft when the war was essentially over. guess what, not over. >> i'm going to save david gregory from himself. he will not be able to answer without slipping into his impersonation of him. the war was not just a mistake,

it was an intentional mistake. 9/11 was ultimately a reflection of your failure to keep america safe. what will george w. bush say? >> i think he will say what he said in the past, we did not see this big a thing coming. he will defend the history of it. but that said, i will tell you the bush campaign when donald trump made that argument really thought this time donald trump had imploded. because remember in south carolina there are a lot of military, a lot of veterans. and they thought that would turn people off at the polls. i will say one thing. the bush family showed a lot of love for one person in particular. that's the very popular governor

of south carolina, nikki haley. she has remained undecided about her endorsement. but she's indicated that she does want to endorse someone. she visited with foreman president bush and laura bush. and you can be sure there was a lot of lobbying going on. her phone has been ringing off the hook. so i think they're hoping -- she has a popularity rating of 80%. if jeb can get her endorsement going into saturday, maybe it will give him a little bit more of a lift. but his call numbers are not great right now. >> we have to have new numbers coming out soon. going to have some later this afternoon. some tomorrow. we will see the state of the race. i must say, good channeling of bush. he slipped my question about the war and went right to 9/11. well played. well played. a quick programming note for the rest of you. you will hear the republican presidential candidates do what

is most important, deal with the actual problems, can concerns, and requests of real voters in sbg is sbg tomorrow and thursday nights both mod rated by anderson cooper. you will get carson, rubio, taking on real questions from real voteers. then kasich, bush, and trump. both nights 8:00 p.m. eastern only on cnn. a significant step this morning in relations between the u.s. and cuba. the obama administration giving the go ahead for an alabama-based company to build a factory there. they build tractors for small farms. it will be the first u.s. company built on cuban soil in 50 years. a thaw out for millions up and down the east coast with freezing rain and severe storms causing treacherous conditions on the roads. chad myers has a look at the

forecast. still ice in new york, pennsylvania, west virginia, ohio. it has gone from 1 degree be zero in new york saturday morning to 50. you add them up and it feels tremendously better. but it can be still slick is and still wet and still dangerous in some spots. this is the beginning of the end i think for the current batch of winter. because for the next 14 days we will be above normal in the east after this last bit of snow goes by. east of watertown going to see a little bit of light ice. that's it. this is done. we warm up. the weekend looks great. in fact, they will be in shorts across the deep south where temperatures will be above 70. we go from 1 below to 48 just in the past 47 hours. now the very latest update, up to 50 degrees in central park. after what was an ugly weekend. >> chad, thank you very much for the report. i want you to know in advance,

the segue i'm making right now has nothing to do with you. >> so, so dangerous when you do that i want to let you know that now because i feel you will react. a kentucky lawmakers wants men to get written permission from their wives before using viagra and similar drugs. men have to have a signed and dated letter and to swear on a bible to only use the drugs for relations with legal partners. the bill is in response to a new state law requiring women to get medical counseling 24 hours before an abortion. >> it made the two of you both chuckle. it is intrusive for elected officials to mandate that women have other people involved in their medical decisions. >> an odd way to get at that point. >> it will get the point across, don't you think? >> i think that the personal

nature, the intimate nature of the decision between ending a life and using viagra are so worlds apart. but maybe she wound up mitigating the point. >> we'll see what happens. >> what do you think? feel free to tweet. >> president obama vowing to name a replacement for supreme court justice scalia. we'll look at some of the new names on the short list. that's ahead. ing a part of helpg people in need is who i am. working at brookdale for me is not just a job, it's a life for me. i love it. i formed many connections with the residents. i feel like i am part of their family and they're part of mine. if you can get up in the morning, ya know, shake the dust and go up there and make somebody happy, when i go to sleep, i did my job. they speak louder. we like that. not just because we're doers.

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how hard he is willing to fight over this. a new justice should wait until there is a new president. he is in washington. jeffrey toobin, senior cnn legal analyst is with us here in new york. before we do anything else, jeffrey, we have a new name to add to the list here.

>> jack is lynn nguyen, who is a judge on the court of appeals, former prosecutor in los angeles. fascinating personal story. she and her family were refugees for street is nam after the war. she is someone who would make a great story. >> what is the position from a traditional standpoint. >> it is hard to tell in any sort of detail. she was a democratic appointee. she apparently is a democrat. she has not dealt with a lot of high profile controversial issues or as an appeals court judge. she seems like a lot of these judges, to be a solid democrat, excellent credentials. in terms of her precise political profile, whether a liberal or a moderate democrat, it's hard to say.

>> that's why doctor the stories always matter. the first his uponic, sonia sotomayor. the first indian-american to be nominated. paul watford, who would be the third african-american if president obama has not named any. all of those very much figure into it. this is as much a political symbol as a prospective justice. >> and you can turn and saying you were denying the american people. this woman with a compelling story. >> they need something. they bring you the conversation

fairly obvious and cheap right now but familiar i want to play back to back what senator schumer is saying in 2007. what mcconnell his response was to that at that time. >> replaced by another roberts or justice ginsburg by another alito. given the track record of this president and the experience of obfiskation, we shall not confirm any bush nominee to the supreme court except in extraordinary circumstances. >> the senate supposedly stops confirming judges in an election year. this rule that doesn't exist is just an excuse for your colleagues to run out the clock

on qualified nominees waiting to fill badly needed vacancies. >> this is what these guys do. it just depends who has the leverage. so should this really be condemned more than usual? >> you're absolutely right, chris. members of both parties take opposite sides of the issue to serve them politically. what we have seen on the judicial fight is an escalation of tactics. really one party something and the other party goes the other party. what republicans are now playing to is the effort by harry reid and filibuster rules to move forward on a number of lower car nominees. i talked to lindsey graham yesterday who voted for two supreme court nominees.

he pointed to that to say look, the president has poisoned the well on nominees. can't trust them anymore. one of the things he risked by moving forward on this. that was a hold up on the supreme court confirmation vote now and potentially waste a year or so longer. that's going to escalate that even further. who knows what will happen when the democrats become a majority. both sides, yeah, there's tactics and one upping them. >> one of the things people have been saying is republican senators running in blue or purple states. will they be able to be influenced. the answer this morning seems to be no. more and more are coming a lot them saying they should wait until next year. so what do you make of that? >> it's interesting. when you look at the statement what they are saying is exactly that. they are saying the next president should decide. but they are not explicitly saying we will vote no against

any nominee whatsoever. they are stopping short of that. so is senator mcdonnell. they want to see who the nominee is before taking that position. if there is potentially a nominee of who could get widespread support, they are in a much tougher position. >> that's not what i have been hearing from mcconnell and company. they are saying, as far as i understand, correct me if i'm wrong, they are not going to consider anybody, you know, chief justice john marshall, louie brand ice could all be combined into one person and it doesn't matter because barack obama is appointing him right now. >> that is very likely probably what is going to happen. they have not explicitly ruled that out. he said the one person who could probably be the consensus nominee is orrin hatch from utah. >> let me end it there.

a fortuitous chain of events. guess who is coming up in the 8:00 hour on "new day"? orrin hatch. he will assume the role nominated by president obama at some point today. it will be interesting to get his perspective. he will certainly be asked about this. probably not about orrin hatch but the supreme court, what he plans to do. from his demeanor alone. >> the first time we have heard from somebody with a heavy hand in this process. >> voted on the confirmation every justice on the supreme court. no one has voted on more than orrin hatch. and he used to be chairman of the committee. >> a strong final addition. thank you very much. >> as ugly as the campaign is, don't worry. still plenty of time before

south carolina four days. it doesn't look like it is trending the right way if you want a clean race. so we're going to talk with the chairman of the state's gop party next. how do they feel about all of this? abdominal pain. urgent diarrhea. it could be ibs-d new prescription xifaxan is an ibs-d treatment that helps relieve your diarrhea and abdominal pain symptoms. do not use xifaxan if you have a history of sensitivity to rifaximin, rifamycin antibiotic agents, or any components of xifaxan. tell your doctor right away if your diarrhea worsens while taking xifaxan, as this may be a sign of a serious or even fatal condition.

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south carolina. been there. beautiful place where politics can get ugly. and this election year, no exception 37. >> i have never met a person who lies more than ted cruz. i think he is an unstable person. >> this is not grade school where you can say liar, liar pants on fire. >> which way will it go? mat moore, chairman of the south carolina republican party. notable distinction. i think you were 30 when you got appointed. you can say this election may be one of the worst in your life in

terms of tone. how do you explain what these men are throwing at each other? >> it's pretty tough in sbg out caroli carolina. we're having a pretty heated discussion right now about the future of the party and the country. there's a lot of discussion. we'll see what happens just today. >> donald trump says the debate audience was rig and that the party, the rnc, you all had a hand in it. >> that's just not true, chris i was there. the ladies that make the phone calls to voters on election day. it's simply not true. >> you're not calling donald trump a liar, are you? your twitter feed will explode

if you say that? >> i'm just relaying the facts as i saw them. if you don't handle a debate crowd, i worry about handling hillary clinton in the fall. so, look, this is a discussion about issues in south carolina i want to be focused on that. who is the best person to be commander in chief. some of the attacks are unfortunate. i think we are in good shape headed to the fall. we have a good nominee. we will get behind him. >> do you see enough with the liar, the personal attacks. you're not helping the agenda is of the party overall. do you see that as your role? >> i don't really. they have been working hard on the ground. a lot of them have great ground games. voters are divided on who they support. at the end of the day, we will come together and get behind the person in the fall. >> trump has a big lead in most polls. cnn will have some it later this

afternoon and tomorrow morning. he has started something to combat president george w. bush being out in south carolina. he is bringing up the war in iraq and 9/11. things republicans don't usually do, at least not in the negative. what do you think the impact is of donald trump saying the iraq war was a lie and mistake. 9/11 was proof of insecurity, not security. >> george w. bush is tpopular here in south carolina. maybe your polls will show in the next couple of days here. but what's also true, most people give george w. bush credit for keeping the country safe. after 9/11. they blame bill clinton and others. the president made political decisions that led to iraq falling into chaos. president obama i'm speaking of.

republicans in general here have given george w. bush the benefit of the doubt in terms of creating a security apparatus that kept us safe the past couple of decade he can do it if he likes. >> you're not going to win a lot of arguments saying president obama is the problem in iraq, not the iraq war itself. this is inside the party. my question to you is there's so many veterans and people attached to the military in south carolina. there is such a heritage there. is there a potential down side for donald trump in questioning the war by extension questioning the war effort with many of those veterans? >> maybe so. but there has not been a down side quite yet for mr. trump speaking differently on ava is right of different issues that we came into this primary thinking we're not okay to talk about. so i'm not sure. you're right. a lot of military retirees, veterans and active duty

soldiers here in south carolina. they are here for training, et cetera. i guess we will see if four days, chris. >> give me a quick yes or no. turnout looks like it will pop down there as well. do you see that? >> i do. people are excited. online metrics and social media are through the roof. we had record turnout. 607,000 people. i think it will be 650,000 to 700,000 people this time. >> look forward to seeing you in south carolina. >> thanks, chris. take care. bernie sanders making moves in nevada and south carolina after his big win. can he close the gap with minority voters? ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪

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they speak louder. we like that. not just because we're doers. because we're changing. big things. small things. spur of the moment things. changes you'll notice. wherever you are in the world. sheraton.

just four days until democrats vote nevada. a week after that, into south carolina. minority voters will play a big role in both races. this has been seen as a strong suit for hillary clinton. is bernie sanders making inroads? south carolina state representative terry alex app tker alexander is a bernie sanders supporter. that is true now. in 2008, you backed hillary clinton. why the change? >> yes, i did back hillary clinton in 2008. i was one of the point persons here. senator sanders and his compassion and his desire to really help the least of these.

i came on the bernie sanders campaign when the numbers were in single digits. no one thought he had a chance. no one thought he could even dent iowa, new hampshire. but we are feeling the burn. as a matter of fact, i am contending that the firewall here in south carolina for clinton is beginning to burn. we're going to close that gap that exists between bernie sanders and hillary clinton. >> in south carolina, you don't seem to get the same sense from the polling there. there does seem to be a big gap. do you think bernie sanders and anything but a win, he needs a win in south carolina? >> well, i don't think he needs a win. i think he needs to close the gap. it's almost like the same situation that hillary was in new hampshire. she wasn't going to win, but she was trying to close the gap. and that did not happen to her.

i think we have a very good ground plan here with south carolina. and the numbers have closed from the very beginning. he was like about -- she was like about 75%, 80% here in south carolina. i think we are up now in the numbers in south carolina. we are moving and closing that gap. it's not wide as it was four months ago when no one thought he had a chance. >> hillary clinton said she is not a single issue candidate. by more than implications she is suggesting bernie sanders is. what's your response to that? >> this week, that's her issue. last week she loved obama to death. week before last, sanders dreamed to be. i wonder what it is going to be next week. she is trying to find ways to really bring him down by talking about him. as you can recall and as i said, this she is a one issue candidate. last week, obama, she did everything she could to help

obama. the week before that, he dreamed too big. he's unreal. let's talk about breaking up the banks, giving $15 an hour to workers, equality across the board for women. that did not get him to this point. >> on the subject of president obama, because you berate up, do you think bernie sanders is closer to the politics of barack obama than hillary clinton? >> i think he is just as close to the politics. he wanted a better life for everybody. hillary is close because she actually works for him. across the board from a historical you have to wonder about what the clintons have done to african-american people. >> you wonder what the clinton versus done to african-american people. yet you supported her in 2008. since 2008, what made you change

your mind for her support of african-american people? >> when you look at her across the board, and we all change. remember, now, she ran against barack obama in 2008 too. >> i'm just -- >> right. we make changes. we make adjustments based on where we are in our life at that particular time. i thought it was a good time to make those adjustments and to support someone who i think has the heart of the people in his heart basically. >> you just said to me, you're not -- >> no, no -- >> you questioned her support in her records is and the clintons support in records of african-americans. >> no. that's what you are saying. i'm saying i decided to try someone else who i think is closer to what i'm supporting and my issues for the people here in this country. i didn't say i'm sour towards her. i'm saying i'm moving to someone

else. >> bernie sanders right now a big winner in new hampshire. on to nevada and then south carolina where you are. representative, thanks so much for being with us. it will be an interesting race for the next 11 days or so. thank you for being with us. michaela. john, the zika virus making headlines around the globe. com? we'll ask dr. sanjay gupta after the break.

the world health

organization declaring the zika virus a global health emergency. earlier this month a, however the first documented was eight years ago. how has this not made head lines until now? >> we tend to pay attention to things when we are directly affected by them. this is an isolated case eight years ago but important. but because it was isolated i think a lot of people simply had not paid tngsz to it. had they paid attention we could be in a different situation now because maybe we would be working on antivirals for eight years. maybe working on a vasquccine f eight years. this guy goes out to senegal and

out doing work on malaria. comes back with something and feels sick. he gets a rash, joint pain. but he doesn't know what it is and he is the guy that would know what it is because he does this for a living. he doesn't know. a short time after that his wife who had never left the country also starts to get sick. listen to how he described her symptoms. >> when did you first hear from your wife that she wasn't feeling well? >> so she started not feeling well maybe about four days or so after i started not feeling well. and this was maybe about i guess 14 days or so after i had left senegal. maybe nine days after my return. >> and did you think it was a cold or flu at first? or did you immediately think this is related. >> one of the first symptoms was the same torso rash. she had it mostly on her back

and she was having arthralgia. so i knew in my mind it was the same thing. >> so she had what you had at this point. >> i felt very confident, yes. >> just important michaela to realize what he said. first case of zika virus in the united states eight years ago. but also the first sexually transmitted zika virus eight years ago. >> right. >> we're just talking about this now in 2016 but we've no one this. there was ab example a long time ago. >> how did they finally determine it was zika they were dealing with with mr. foye? >> what's amazing is no one had heard of zika anywhere around the world at that point. what he did because he thought look, i don't know what this is but something i've never seen before. he froze the blood samples and kept them in the freezer for a year. about year later one of his researchers was back in africa and talked to someone and learned about the zika virus for the first time that sort of set the cascade in motion and they

tested it for zika. brand new virus. hadn't heard of it. but that is what they figured out a year later. >> and it was sort of fortuitous that he was effected because this was the guy who can understand and study these things. you had a chance to go to his lab at colorado state university. tell us what it was like for you. >> well i'm still a little itchy from that experience. a little unsettling because you have mosquitos all over the place and they are essentially infecting these mosquitos and figuring how the viruses live in their body. it is tedious work. he described a little of the work to me as well. take a listen. >> well we're go under mike scopes and use forceps and dissect out the stomach, the salivary glands. we can even use a little tube to try to isolate just their saliva. the virus infects mo scots just

like us. it effects certain of their cells and spreads throughout their gut and when the mosquito becomes infectious they can spread it. and when the mosquito bites you they spit a little of their blood in and that's how the virus gets in. >> it's remarkable what he went through and he and his wife are both doing fine though today. >> dissecting a mosquito. not easy work to be sure. thank you for joining us and of course we'll watch aaron burnett tonight. following the news. neither side giving ground on the battle to replace antonin scalia. let's get to it. >> this is the playbook we should follow. the constitution of the united states. >> we're not moving forward on a nominee until after the election. >> this is not ow prosecute obao --

president obamas to be spending the last year of his presidency, period. >> two reason, one i care deeply about jeb. and two i care deeply about our country the stars are out in full force at the grammys. >> energetic performances and powerful tributes. ♪ we can be heros ♪ just for one day >> this is "new day" with chris cuomo, alisyn camerota and michaela pereira. >> welcome to your "new day," it is tuesday, february 16th, 8:00 in the east. alisyn is off. and we are covering an all out brawl in washington over who will replace supreme court justice antonin scalia. both sides will locked in a

heated battle. i know the constitution says the president is supposed to name a successor. this is now politics. in fact the white house is now daring the gop to shun its nominee as they bla. >> and mud slinging among republican rivals gets uglier with everyone fighting for the upper hand. george w. bush hitting the stump for the first time wasting no time hitting back at donald trump. >> reporter: it's all about the president's pick right now. he's the one who gets to choose. the white house already has a list of possible names for the supreme court. it is about winnowing that down a few finalists. one of the things that is interesting about all of this. they had anticipated having to replace one of the more liberal justices, but right now they are in a very different situation.

>> this morning, senate minority leader harry reed taking aim at the republican leadership for saying they will block anyone nominated by president obama. in an op ed for the washington post he writes if my republican colleagues proceed down this path they should know this act alone will define their time in the majority. thinking otherwise is fantastic. reed and mcconnell have been trading jabs since the first news of scalia's death. with members of the judiciary committee confirming party lines have been drawn. >> the republicans are talking about to be republican playbook. this is the playbook we should follow. the constitution of the united states. >> president obama's gotten two activist judge appointments to the court capable, intelligent justices, but share deeply his philosophy. >> reed and other democrats are

hoping the white house pick would be someone republicans would ordinarily support to point out the opposition is politically motivated because it is an election year. >> the constitution does not include exemptions for election years or the last term in off e office. >> the white house confirming the nomination process is already you should way as the vacancy intensifies the presidential race. ted cruz, a member of the senate judiciary committee amplifying what he says is at stake with a new ad. >> life, marriage, religious liberty, the second amendment. we're just one supreme court justice away from losing them all. >> the 2016 presidential hopefuls are digging their heels in on the issue that is now shaping the race. >> irrespective of whether president obama does we're not moving forward on a nominee until after the election. >> brak obama is president of the united states until january 20, 2017. whether the republicans like it

or not. >> we may get a window in the president's thinking later today when he talks to reporters in california. he has said he'll nominate someone in due time. not exactly sure what that means, john back to you. >> thanks so much joe. for jeb bush the letter of the day is w. he might hope that is the letter of the whole race at this point. george w. bush rallying voters to back his younger brother and not the loudest anding an rest guy in the room. >> george w. brought a different jeb with him. first of all jeb bush shed his glasses, which i can tell you a lot of his supporters think contributed to his struggle in projecting strength. but most of all bush advisors got what they were looking for, the best jeb bush coverage he's

gotten in months. >> he drew a large crowd and deep distinction between his brother and donald trump. >> strength is not empty rhetoric. it is not bluster. it is not theatrics. real strength, strength of purpose comes from integrity and character. and in my experience the strongest person usually isn't the loudest one in the room. >> he never uttered trump's name but he didn't have to. >> we do not need someone in the oval office who mirrors and inflames our anger and frustration. >> he spoke only a few hours after trump doubled down on criticizing him for 9/11. >> i heard for years he kept the country safe after -- what does that mean after? what about during? i was there. >> the former president recounted what it was like for him that horrific morning and segued to jeb. >> he's got the backbone to make the tough decisions on behalf of the american people.

>> george w bush energized not just the crowd but his brother, the candidate. >> i thought it was a little strange that a front running candidate would attack the president of the united states who did keep us safe, while he was building a reality tv show. i can beat hillary clinton. i can promise you that. >> meanwhile trump t south carolina front runner is waging all all out war not just against bush but ted cruz. closest to trump in most poles. >> ted cruz is the most dishonest guy i think i've ever met in politics. i think he's an untable person. i really do. >> today donald trump held a press conference where he apparently lost it. >> cruz is stepping up his attacks on trump on the stump and in ads. >> i'm pro choice in every respect. >> south carolina cannot trust donald trump. >> cruz is taking incoming from two opponents, calling him a liar. >> i have never ever met a person that lies more than ted cruz. p. >> he's lied about my position

on marriage -- >> donald trump and marco rubio, both have the very same pattern. whenever anyone points out their record they simply start screaming "liar, liar, liar." and that kind of name calling is happening non stop on south carolina air waves. negative tv ads from ted cruz's campaign, marco rubio's, super packs that support all of them. john and chris, south carolina voters have seen ugly politics before. but candidates for president calling each other liars is mud slinging at a whole new level. >> not just one. it is like three of them calling each other liars all at once here. all over the place. thanks so much dana. want to bring in anna navarro and former reagan white house political director jeffrey lord who is a trump supporter. more on his criticism of george

w. bush. >> we weren't safe. the world trade center came down, which was the greatest attack in history on this country. so you had that. you obviously had the war which was a wig mistake. few would say the war in iraq was a positive. you had him on the aircraft carrier saying all sorts of wonderful things, how the war was essentially over. guess what. not over. >> now there are a lot of people flat out offended by this. a lot of bush supporters at the event last night for jeb bush and george w. bush. >> i believe he's targeting everyone who with vote for him. south carolina is an open primary situation. so he's going to appeal to

whoever he's going to appeal to. a couple of things john. first of all this is the same charge that was made against franklin roosevelt after pearl harbor. so there is precedent for this kind of thing. republicans of the the day said exactly the same thing about fdr. so there is nothing really new here. but in terms of president bush being in south carolina and all of this respect for the bushes and i certainly do respect them but i have to tell you back in 2000 when george w. was running against john mccain that campaign was unbelievable. and they put out the -- there were all sorts of accusations they were putting out stuff saying that john mccain was crazy, that he was a trader. that he had fathered a black child out of wedlock. that mrs. mccain was a drug addict. it was pretty bad. and there is a history here. and i don't think it is going to stick. >> lindsay graham is a big

supporter of the jeb bush. and mark sampson -- >> john mccain has gotten other it. >> good pointing to be head. >> all i'm saying is when it comes to tactics the bushes are famous for doing this kind of thing. >> let's keep the light on your man for a second. >> yes, sir. >> first of all he said the president lied. now he's backing off and saying i don't know if he lied but there is no proof of it. that is a very different things to do. >> wh >>. when you say the president lied about going to war. how about the little responsibility for that action? are you apulled a by that? >> well do i think president bush lied? no i don't. if that is what you want to do. >> do you think you should suggest that? >> well, you know, that is up to don. as you say he's already backed off of this. the point he's making is that 9/11 happened. we weren't safe at 9/11. we weren't safe at pearl harbor.

there is nothing extraordinary about saying anything that is fairly obvious. >> i was talking about the war. different point. and anna, we go from trying to make ground on the negative to trying to make ground on the positive. george w. out there for your man jeb bush. what do you think this does to help him? and what do you think it does to create unflattering points of contrast for jeb? >> well look, i think he's already -- he's already gotten all the negatives that come with being a bush, with being the son and the brother of a president. now i think he's getting some of the positive. george w. bush is extremely popular in south carolina where there is a very large military presence. his popularity rating is somewhere between 86 and 90% amongst republicans. and we saw a george w. bush that gives you nostalgia. self deprecating, gracious last night. talking genuinely and from the heart about his little "big"

brother as he calls it. i saw jeb come on the stage and really explode. i've known jeb my adult life. and this is the guy i saw in florida 20 years ago that i had not seen in this campaign trail for almost a year. i can tell you that last year when jeb started giving speeches, watching him was cringe worthy for me. today the guy has hit his stride. he's got his campaigning skills, his candidate skills down. he's better every time at debates. he's better on the stump and he was just terrific last night. high energy. solid delivery. so i think, you know, it was a very good night. and i think that in south carolina his brother is an asset. and when you have a brother that can do something for you, baby use him. as we say in the cuomo family. >> and jeb bush, we were in new hampshirin' with him. jeb bush has been upping his game on the stump. what will happen in south

carolina? other question is w. had a firm defense of the establishment. he said basically if being the president is being the establishment i'm all for it. is that right in this political environment to say yay establishment? >> you know, it comes to a point john where you can't argue with the fact that you were president. your father was president. you come from a family that has served the country for literally decades and decades, if not a century. so if that makes you establishment, then you know, embrace it. there are plenty of people fighting to be antiestablishment. i think that both jeb and george w. yesterday showed what it's like to be presidential. i have to tell you i am extremely pand and bothered by seeing what's happening in south carolina. i feels like we are at the world wrestling federation match. yes south carolina has always been known for dirtiness, for dirty tricks for tough, tough politics. but never as public. never as outwards.

it's never been candidates out doing press conferences calling each other and trash talking. it looks like it is one of these boxing matches where the two -- where you have don king in the middle and two fighters on either side trash talking the hell out of each other. this is horrific. it is not a constructive dialogue. it is not a constructive way to elect a president. who can wage the biggest war and who can wage the worst insults is not the way we should pick the president of the united states of america? >> your guy jeb bush this morning says of donald trump he fears me. which is something you might hear from a wwwe ring. >> yes. except you might have a mask on and some type of pleather. and look. we'll see what the numbers show. donald trump has a big legal

presumptively and maybe that is why he's taking a gamble of widening the way of talking about the war the way he is. another tactic i don't quite understand the same way. which is you have said on the show many times ted cruz's eligibility is a real issue. not because donald trump says so but because the democrats will sue him. now hoe says again this morning he's thinking of suing him over it. why? >> well i think donald trump is playing hardball. they all are. every last one of them. the bushes, ted cruz, marco rubio. the only one who's not really playing hardball is john kasich. and this says something. if john kasich were on that stage with hillary clinton i think he'd be squashed like a bug. >> you think you have to play dirty to win? >> i don't say dirty but you have to play hardball. mitt romney was accused of stealing -- and beating up a gay

kid. nice pleasant mormon mitt romney. and he didn't fight back. and if these candidates don't demonstrate they can fight back they are going to go down. they are in trouble. >> i don't know jeffrey. >> final point anna. >> i think there's got to be a sweet spot in the middle. to me john kasich is like barney the dinosaur. i love you, you love me, we're one big happy family. but you do have to prove that you are assertive. that you can take on hillary clinton. but there is a big gap between showing assertiveness and showing you can take on the democratic opponent who may be bernie sanders and waging a war of insults. it has deteriorated into a yoh mama contest on the republican side and it must must stop. >> don't talk about my mother -- >> [ inaudible ]. >> not matilda. >> thank you very much anna. thank you jeffrey. and my mother does love you.

you know that. quick programming note. the republican presidential candidates are going to do what we need them to do most, which is talk directly to voters and hopefully not the way they are talking to each other. they are going to be taking questions from south carolina voters and from our man anderson cooper. two nights wednesday and thursday. you see the groups on your screen right now. both nights will start at 8:00 p.m. eastern only here on cnn. >> quite an interesting day ahead for pope francis. he's going to visit mexico today. meeting with young people hoping to sway them from joining the drug trafficking industry. >> planned parenthood in cod haunted by a deadly shooting rampage last year is back open. three people were killed, nine others injured in the attack. the man declared himself a warrior of babies is awaiting a mental health evaluation to

determine if he can competent to stand trial. >> taylor swift wins best album honors for a second time. she wasn't the biggest winner. kendrick lamar won five statues. he literally set the house on fire. >> welcome to the 2016 grammy awards -- >> and taylor swift's year it was. the pop super star snagging three grammy, including coveted album of the year. >> to all the young women out there, someday when you get where you are going, you will look around and you will know that it was you and the people who love you who put you there. >> kendrick lamar sweeping the rap categories. >> and the grammy goes to pimp a butterfly, kendrick lamar. >> electrifying the audience with an explosive performance. >> and uptown funk named record

of the year. and -- >> i love you so much. thank you. >> adele falling short of vocal perfection when audio issues marred her performance. >> the night peppered with ernest tributes. lady gaga channelling ziggy star dust. but many thought it was broadway that stole the show. a live broadcast of the opening number of the hit musical hamilton dazzling audiences and winning best musical theater album. >> we'll discuss more of that later this hour. >> we go from art to just i don't know what you want to call it. but it is the opposite. what's going on in politics

right now? over filling the vacancy left by a giant antonin scalia. it is getting ugly. but here is the good news. we're actually going to have someone on the show who's not only being mentioned as someone who could replace scalia but someone who will have a hand in who becomes the next supreme court justice. senator oren hatch joins us next on the show. and to help you accelerate, we've created a new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas push everyone forward. accelerating innovation. accelerating transformation. accelerating next. hewlett packard enterprise.

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what a debate. and it's actually not that unusual when it comes to this pros. what's going to happen with the president? will there be a hearing? should be there? will there be any kind of reformation? utah senator orren hatch joins

us. he was the chairman of the committee and now he's named as the possible successor to fill the vacancy left by justice scalia. senator always a pleasure to see you sir. are you flattered by serious talk that you are someone that republicans would want if not democrats? we don't know that yet. >> it is always a pleasure to be with you but that is kind of a joke. i'll be 82 in march. they are not going to put an 82-year-old man on there. of course if they decided to do that i think i'd have every democrat praying if more i demise. and i tell you one thing if they did do that and it is not going to happen but if they did do that i would spend the next 20 years making sure i did the job.

>> this is highly hypocritical. i remember when george w. bush game president. they threw every roadblock up for years. and democrats led the fight against almost every judge so for them to talk like this when literally we're in the middle of a voting chain for president of the united states and i think it just makes sense to put this off for the next president. and they may very well win and if they do they then have the right to appoint the judge. but sure as heck don't want to have a republican do it. >> well it makes sense in terms of political advantage for the gop. but you also remember i'm sure mitch mcconnell saying during that time there is no such thing as the thurmond rule. you don't get to not vote in judges just because it is an

election year and final year of someone's presidency. so that hypocrisy is as play as well. you don't have to like whom he nominates but shouldn't you go through the process? >> no. i don't think there is any real reason to do that. >> >> what about the constitution? >> let me make a point -- well the constitution doesn't require a vote -- >> it -- advice and consent. >> well that's right. it gives the democrats the absolute right -- the president the absolute right to nominate. but the senate has the absolute right whether to confirm or not confirm. look, this president's been treated fairly. 40% of the total federal judiciary has been confirmed for this president. he's actually put 40% of the federal judiciary up and republicans have allowed votes on all of those. now what they are saying is look, we are in a tremendous presidential campaign. there is a lot of bitterness on both sides. let's diffuse this thing and let's put this off until the

next president of the united states. that may very well be one of the democrat candidates. and if that's so, then they haven't lost a thing. but shouldn't the republicans have this right since they do to not confirm at this particular time and not take this president's nomination? >> do you think that each party should pledge to immediately start the process after the election? >> yeah. i think once the election is over and the congress comes back into play and the senate comes back into play then i think it is important for the senate to do its job. right now there is no need do that job in a -- in a very controversial political year. and as you can see. when i hear the democrats complain about judges, look. they are the ones that really screwed up the whole process by knocking out one of the finest legal minds in the history of this country robert bourque.

and then literally doing despicable things with regard to clarence thomas who has turned out to be a marvelous judge on the court. and all kind of other things where they want it all their way. and this says let's be fair. both sides have equal opportunity. whoever is the president after this election, that president will have a chance to do this. and by the way i remember when senator schumer back in 2007. shum ear's a friend of mine. i like chuck but chuck said we shouldn't confirm anybody and this is a year and a half before the election. >> no question he did and that is what in part triggered mitch mcconnell's statements of saying that was wrong. although schumer would tell you especially as a friend that he left a carve out there that he said except in extraordinary circumstances. he said this would qualify as extraordinary circumstances and

he said they never stopped a vote on a supreme court justice. and even clarence thomas and robert bourque those were process at play. you may not like how it played out but they didn't just visiate the process and say we're not going to have it. >> they were brutuating. thomas has turned out to be a excellent justice. whether you like him or not is another -- >> but he was confirmed obviously and at least they let the process play out in front of public view. and when you -- >> well they should have. there was a lot of time to let that process -- >> now you are saying we shouldn't do that. nower saying let's not even have the process. >> no what i'm saying is the president has every right to nominate whoever he wants to. i would sustain that right in every sense. the senate has every right to say look, we are in a political year. we are not going to politicize this. we'll wait and use discretion.

and whoever is the next president will do the job. now the democrats of course naturally want this because they want to have a 5-4 majority on the court. >> the gop doesn't want it. that's right. look. the politics are fair and obvious. the only thing i would add senator for your observation is you say there is no reason to do it right now. a 4-4 court is not a good thing for the supreme court. it's functioned that way before -- >> now wait a minute. you are talking --. a four-four court functions it's functioned in the past. it will function this time. just on the really controversial issues they will probably put them off for a year. it is not the end of the world. as a matter of fact it is a smart thing to do rather than be in the middle of a presidential election that is so complicated and aggressive as this one and to have all of that politics surround the picking of a supreme court justice when literally that shouldn't be done. if i was hillary, i'd want the

right to pick that judge. if i was bernie i'd want the right to pick that judge. and now they are not going to say that because they think they have an advantage right now. well let's give neither side an advantage. let's be fair to both sides and let's wait until this election is over and then the next president whether democrat or republican will have a right to nominate whoever that president wants and then we'll have the obligation to confirm or not to confirm. >> i'm just saying the constitution doesn't make any distinctions like that. while he's president he's supposed to do this. and yes the politics plays both ways we're watching in real time. >> and let me say one thing. the constitution doesn't say that you have to do this in a certain time constraint. the constitution in fact gives you every right to defer this and to make sure that it is done in the best of ways so that both sides have an opportunity to have their person in the

presidency and then, you know, if the democrats win we'll go through this process the way it ought to be gone through. >> senator last word to you. and thank you very much for being on new day. good to see you sir. >> nice to be with you. god bless. >> you as well. president obama is expected to be asked about this brewing battle over his ability, his right, his timing on a supreme court nominee. we'll cover the conference. it starts at 4:30 eastern. >> very interesting. donald trump versus ted cruz. the pair unleashing attacks on each other in south carolina and that is an under statement. what are they trying to do? how far will they go? the national spokesperson for ted cruz joins us next. 36 just better. pure is mccormick. the smallest pinch of pure mccormick can make meals legendary. we want to help you realize the rich taste that pure can bring. because pure tastes better.

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a war of words breaking out on several fronts within the republican party especially between ted cruz and donald trump. four days now until the south carolina primary. it is downright nasty. >> i have never ever met a

person that lies more than ted cruz and i think he's an unstable person. >> truth matters. and we're not in grade school where you just get to say liar liar pantsz on fire and not respond to the substance. >> unstable, liar liar pants on fire. joining us now rick tyler, national spokesman for ted cruz campaign. thank you for being was. in case you did not get the point, let me play what he just said on good morning america about ted cruz your boss being a liar. >> i've dealt with many people over my lifetime. and i've been very successful and i've dealt with some people a lot tougher than him. but i've never dealt with anyone that lied like him. even marco rubio -- but ted cruz is a liar.

he really just outright lies. my whole thing is obamacare we're going to repeal it and replace it. he said i love obamacare. he said i'm going to keep obamacare. on the second amendment there is knob stronger than i am -- >> so are you gonna. >> george, he'll say whatever he wants to say. i actually think he's a very unstable person. >> rick, go ahead your reaction? >> well first of all donald trump says he doesn't like guns he doesn't like the concept of guns. he was against -- he was for the assault weapons ban. supported mayor bloomberg, who's the leading pro gun control activist in the country. look, donald trump doesn't like that ted cruz says what he has said. what he said about obamacare wasn't actually obamacare. it was single payer.

he said the government will pay for it. so look donald trump has inconsistent positions but to be fair to donald he doesn't actually noah he believes so he didn't defend himself with logic and reason from day to day. marco rubio does actually know what he believes. his problem is he doesn't want the voters to know what he believes, so he's not defending himself anymore. at the same time the nra want a victory in national parks so he's just decided to do what donald trump does and scream liar liar. but i don't think it works and it's childish and we should have a debate about substance and if you can't defend your record -- >> on -- >> [ inaudible ]. >> on donald trump's record which you are not calling out. this is all his record before he jumped into the race. >> right. >> and in that time, when it comes to donald trump, i like donald trump, i think he's

terrific, i think he's brash, i think he speaks the truth." "his experience with prove crucial and also make america great again. i like donald trump. he's a friend of mine and grateful he's in the race." . that was then. this is now. what happened? ted cruz seemed to love donald trump? >> yeah. no, what happened to donald trump? when he was saying all of those things and talking about immigration and all of those things. but look, he's been very inconsistent and he's actually the one that's pretty unstable. he's unpredictable. he's called himself that. you don't know what he's going to co-from day to day and you really don't know what positions he's going to have from day to day. look in the past two days he's -- he's uttered the things that the radical left utters like 9/11 conspiracies about the president lying about weapons of mass destruction. these are the things that code pink talks about. socialized medicine.

he actually called senator cruz a liar on the debate stage because he pointed out that drurp supported and said good things about planned parenthood and then calls him a liar and then goes on to say planned parenthood does wonderful thing in the same debate. >> donald trump did say that. you are right. he said that on planned parenthood. but when you call donald trump inconsistent all i'm trying to understand is how is it consistent that ted cruz seemed to like donald trump and be okay with all of that in august, september, october and november? but now not so? >> well he's said -- he still says he likes donald trump. drurp is like an entertaining guy. a tv star in reality. but he's not a presidential candidate. he doesn't act presidential. doesn't know the substantive issues and has no ideological core which is why he can't keep track of things he said in the past because he doesn't actually know what he believes.

so i don't think this is the direction we want to go in and in particular when you have a 4-4 supreme court with a vacancy we have no idea what kind of judge he would pick. and by the way, senator cruz only pointed out that his sister, who's a leading proabortion judge activist -- >> [ inaudible ]. -- made a ruling that had to do with partial birth abortion. i got to cut it off here. >> -- deciding case, you bet. >> rick, thanks to much for being with us. i appreciate it. michaela. >> >> we're going to talk grammys. taylor swift making history. lady gaga, so much more. we'll talk about it next. ture b. and to help you accelerate, we've created a new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas

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there are going to be people along the way who will try to undercut your success or take credit for your accomplishments or your fame. someday when you get where you are going you will look around and you will know that it was you and the people who love you who put you there. >> t. swift with the a not so subtle swipe at the grammys. running through all the highs and lows with the michelle turner. entertainment tonight host.

and you're my boo too. >> i was about to ask. >> big night last night. we have to talk about taylor right off the bat. congratulations to her. album of the year. do you think she handled that well, the whole kanye west busy? >> you say it was a swipe. i think it was a right jab. i think she went right at him. seriously because he came out and said, you know, in the song i made you famous and she came back and talked about you know what? no i made myself famous and look at me i'm standing on here with al bull of the year. that is how you know i made myself famous. we were waiting to see if taylor would respond. she put out the statement that she never approved the line in the song and we hadn't heard her speak about and i think she did in a classy way. >> she did. handled it like a lady.

with such dignity. another situation that came up last night. brian you could address this. a lot of technical glitches. and it really hampered an otherwise what i think a lot of people were anticipating a big performance from akelly. >> of all the glitches adele was the biggest. and she afterwards blamed a microphone. that was inside the pinot that fell down to the piano strings. >> let's listen -- >> -- maybe put her off her game a little bit. yeah. ♪ at the door ♪ i will see you ♪ -- ♪ said before -- >> sounds like they are having audio issues. >> 9% of the time we get it right. this is an unfortunate one. taylor swift mentioned she was the first woman artist to win album of the year twice. adele could be the second one to do that next year.

this time next year we'll probably be talking at her album. >> likely to be a sweep next year. unless big things come down the pike. we got to talk about best rap album. kendrick lamar and that performance last night. literally light things on fire. >> it got hot in there. i thought this was a moment, a real moment. the grammys tout themselves as the show that creates moments that people will be talking about. and i thought it was performance art. you could almost see the veins popping out of his head. i kind of agree with you. i think he may have had am bum of the year stolen because to pimp a butterfly was a great album. >> five wins overall. >> lady gaga. unaapologetic weirdness and

glee. it was perfect. david bowie's son not necessarily agreeing. >> i thought it was outstanding. ten songs in just a few minutes. very impressive. and glenn frey and lionel richie as well. wonderful to see that. wonderful tributes to past artists. >> good moments last night and tough moments too but we got through them. the grammys are done for this year. michelle, brian, thanks so much. good stuff coming up next. pure is big, bold and just better. pure is mccormick. the smallest pinch of pure mccormick can make meals legendary. we want to help you realize the rich taste that pure can bring. because pure tastes better.

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got a good stuff. all right? it is an extra special birthday celebration. jere jeremy bordois lansing michigan. what does he do? bakes some cookies and then throws a party for those he felt needed recognition. >> a little boy with a heart like that, that he wants to support the police means a lot. >> jeremy, he felt police officers don't get the gratitude

they deserve. this was his way of showing appreciation. >> wherever he is, we send him big hugs. way to go kid doe. >> and to brothers and sisters as well. absolutely. >> time for newsroom with carol costello. happy tuesday darlin'. >> newsroom starts now. happening now in the newsroom. and you thought it was ugly before? -- captions by vitac -- www.vitac.com