it would add $3 trillion a year to spending by our government and would increase the size of government by 50%. that is the new york times face-saving that today about bernie sanders. how about that? welcome back, it is yours. neil: you are not feeling the burn, are you? i will take that as a no. we are looking at the fiery language back and forth over this replacement issue for u.s. supreme court justice and i look at the numbers and look at why republicans would want to delay voting on something where they have the numbers to reject a court appointee on the part of the president of the united states. to me it looks a little weird, why fight the game when the numbers are on your side in this game? i don't have all the numbers, connell mcshane does and the fight behind the supreme court.

connell: a lot has been said since saturday night about what should happen in terms of replacing judge antonin scalia. if you look at those numbers can figure out what will happen if they go through the process it seems fairly obvious the republicans have those numbers in their favor. we start with the judiciary committee in the senate and it is 11-9 republicans versus democrats but even if a potential obama nominee were to make out of committee as they say and the recommended to the full senate is a 54-46 advantage for republicans in terms of the way they caucus meaning a magic number is 14, 46-14 will get you to 60 and democrats would need to manage to convince 14 republicans to vote with them and break a potential filibuster. from everything we said, everything we have read, especially when you look at certain senators that are in what they call at risk seats in moderate or.

states and even they say the next president should be making the joy with for the replacement. we heard from senators in pennsylvania, wisconsin and ohio all saying that so the debate will continue about what should happen here but the numbers to your point clearly favor the republicans if they move through this process. neil: appreciate it. the numbers help you any way do you need to fight over its this, it would be an uphill fight to get to 60 votes. mitt romney tweeting this on this entire issue saying affectively that it is good to hold off and push this back. this is what chuck schumer said as to what he was talking about in 2007. >> we should not confirmed any bush nominee to the supreme court except in extraordinary circumstances.

neil: you could hear that and say obviously it was a no go from the get go with any bush appointees in the supreme court but he did not say, digital rapid response director, he did not say we should not hold hearings. he obviously gave a clear impression that even if we did it wouldn't move him but there is the difference between advocating against any president's picks and going so far as not even to allow the process to explore those picks. >> that is what chuck schumer is trying to suggest today. neil: that is what he says. i am not taking sides. he didn't like any point, he never said i would never hold of the process. >> the democrats were going to block any nominee president bush put forward.

he was clear on that. the problem the democrats have today is they got over their skis on this. look what happened. on saturday, a giant on the supreme court, antonin scalia passed away. by sunday they were raising money off of his death. today 72 hours later, democrats are having to defend against their chuck schumer problem. senate democrats like russ feingold in wisconsin, one of the important swing senate races having to defend his hypocrisy. neil: there is hypocrisy on both sides and i know this is the political process. it is always politicized especially in this day and age but don't you think republicans would look better honoring the process, honoring a president who still has the year to go, and if they don't like it, they are free, they have the numbers to reject that pick, but to not

even allow the process to go forward is the very thing that mitch mcconnell used to warn about in his republican -- >> if you look at the response from important senators and virtually every other republican outside mitch mcconnell you are seeing a republican party unified on this. neil: you are presuming something babyish, it is to bid. >> i think if we are going to measure stupidity we should look at the democrats's true problem today. i am not a parliamentarian. i don't work for the senate but i do think republicans are unified and correct to ensure that we do not have a lame-duck liberal -- neil: you would subscribe to this view that a republican got in there, and democrats were joining to block a presidential nomination because it is the final year, 11 months of that republican president's term you would be for that?

you would say that is what they are free to do? >> i am for the president doing what he believes is his constitutional job which is to make an appointment and i also believe it is up to the senate to make a decision whether or not they want to put that person forward. neil: that is their job. i could see even in the case that they don't have a majority and are worried about it, maybe, i don't approve of that but both sides go back and forth playing this game, they have got the numbers. if they don't like any of the names the president submits than just reject them out of hand and the problem goes away. don't you think they risk looking a little obstinate here? >> perhaps they do but more important i am not going to pretend i am anything but cold hearted strategist. we are in a presidential election year, the democrats want nothing more than 2 parade for a potential nominee that you

and i know will never pass the senate by 60 votes. neil: we have done this before in the final year of the president's term, ronald reagan comes to mind and he had unanimous support. i think they are very different times but again, we have done it before and even in the case of democrats who dealt with this with lyndon baines johnson he put a nominee forward, it is rejected, everything you want to do is rejected, a republican president takes over to find an alternative to earl warren but the fact is there's a process for this. >> there is a process that there is also cold political reality. i don't think the republican party should lie down and go along with a process that chuck schumer himself the fried. there is hypocrisy on both -- neil: believe me, i am not a big apologist for one of the other but he just said i don't like any of the names the come out of

this, so chances are i will reject everything. never in that tirade did even chuck schumer say we will not have a confirmation hearing process. >> that is a delineation without a difference. what is the point of having a hearing if you have already declared you're never going to -- >> these guys make up their minds, they are all little worms, they make up their minds. think about it. you don't deny the process, right? >> i am not -- stuart: i am just saying it is clear. i appreciate you coming by. this is a needless -- now we have the supreme court review editor in chief, what i am saying is let the process workout. what is wrong with that? >> i think it is cleaner to say we are not going to go through the theater of these hearings

when at the end of the day we are hewing to our position of not confirming any one. just make the point you are defending your institutional prerogatives. is not about any particular nominee. last time an election year vacancy arose during an election year was filled was 1932. kennedy is different because he was the third nominee and there was a vacancy for seven months. neil: it can't gloss over joseph kennedy, the third time was the charm for president reagan, got the guy threw unanimously. people are free to have their views. i know these guys. some of them are previews, won't support this guy, i know how it goes but to not even have the process, you could say that about a lot of committee votes, a lot of senate votes. when you start using that as your litmus test we start losing a lot. >> this is ultimately a political battle. mitch mcconnell and republican

senators are making this point to the american people saying we want you to judge this fall and why waste resources from the white house -- neil: it is what we do. you mentioned mitch mcconnell. back then in 2005 when this came up he said the majority of the senate is prepared to restore the senate traditions of the president to ensure regardless of the party any president's judicial nominees receive a down vote on the senate floor. it is time to move away from, advise, obstruct, and consent. >> that was in response to a circuit -- neil: i know what it was but what is right then versus what is right now. can republicans say this to the back and forth and playing to your point kabuki theater with this is insulting, we won't do it. we have such confidence in our numbers and the fact the

president will likely appoint someone who is not our cup of tea that we will reject said couple of tea and that will be that an like lbj had to deal with it will be dealt by new president but to close off the debate for whatever reason i think will do them more harm than good. >> that is a political judgment. the constitution is silent on this. adam white has a article talking about advising defense clause saying the senate doesn't have to do anything in particular. is a political judgment, much cleaner to say we are not going to force anyone to go through this process. led the american people decide nine months down the line. even if they were taking the process in order the new justice would not be confirmed to vote on many cases this term. neil: it takes away from 65 to 70 days from a vote in committee. in the senate.

having said that i understand they were political machen nations at the end but are they any less in the term of a new president and what if republicans--known on stability here and risk a democratic president coming in and rubbing their nose in it? >> that is political judgment but i think republicans would have no leg to stand on if democrat wins the november election and they keep not considering someone. neil: would they like it done to them? >> probably not. neil: why doesn't someone say stop this insanity teaches >> you would be insane to go through the motions for no reason to have a put him in share raid the we are going through. neil: that sure rate is part of our process. i agree with the political games but that share rate is built into the institutions. we have a right to think the president has a year to go can go ahead and during these times of.someone to the supreme court

the the senate deals with it, done. >> why even consider the qualifications or merits of a nominee? this is not about a nominee, this is about the system and structure. neil: you don't know what it is about what name the president will submit. you prejudge and said right out the gate no. >> if the president wanted to appoint me than i would say definitely confirm or someone who thinks exactly like me but that is a political judgment. neil: the political judgment you're making not to give it a chance. we have a process, some do it over it the years, stick to it. >> it is a clean argument to make to the american people to say at the outset without prejudging or responding to any particular nominee that has nothing to do with whether obama tries to nominate -- neil: they don't even want to give the president a chance, they hate him, looks like they

are taking marbles and going home. irony of ironies is they control the senate and house and the legislative branch, this is a chance to prove their monster, not to deny it. >> don't you think the democratic response to a rejection of a qualified nominee -- neil: who cares? that is -- when democrats did that to their nominee but to deny that debate is to deny something you would hate if it were done in reverse to you. >> this nomination, the american people let deadlocked. they overwhelmingly picked republican senate. it is an unprecedented scenario. stuart: neil: the president won by 5 million votes which was a while ago but he was elected january 20th, 2017. i am just saying. >> last time a senate of the opposing party confirmed an election year vacancy was 1888. neil: i love you to death but

you are making your own rules here to sued the party that now whens to screw the other guy. >> i am a libertarian. neil: just saying the whole thing smells to me but then again i am not a lawyer. but thank you. >> hard cases make bad law. neil: don't know what that means but i am outraged. when we come back i want to get into is this a little more. actually affected my appetite for lunch because i think it is so bad it cuts to the core of what -- do we do this or don't we do this or are we just children slinging mud back and forth? a power we grant to the president, to the senate to respond to an offer by the president. we start playing with that and dismissing that and playing games with that, done. our constitution, the whole legal way of life, stick a fork in it but that is just me.

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and lobbyists. i am funding my campaign, not taking special-interest money or lobbyist money. i am not taking any of that money. neil: you heard that. donald trump telling maria bartiroma that he is angry, contemplating a third party run, not likely to make that move yet but he is upset. does he have grounds for this? >> for donald trump, being the front runner i don't know why he should be so upset at this point. it is a threat for his party, he's the one with the upper hand to a certain degree because of the fact that he could decide, the are in see is the faulting on their set and i will go for an independent run and that is not at all in any of the best interests of the party, the republican party, and also in what the republican party wants to accomplish which is defeating the democratic nominee most likely hillary clinton. neil: what the use think about

the most recent debate that he claims there were a lot of republican operatives and big donors who hate him because he is self funded. does that make sense to you? >> i spoke with the party into the clear how they divided the ticket. 600 tickets went to different campaigns, ten of the tickets went to the donors, 300 tickets went to the grass roots activists. if i were donald trump, i would stack up that place with my best and loudest supporters and this is all about what campaigns do. they organize their base, organize their individuals to go out to these places and make the loudest noise. neil: it says something about him. aggressive and defensive end anyone who disagrees, oftentimes at his finest when he is taking on that course so i don't know why he does this but obviously he peekskill little bit that

republicans, he hears it from george and jeb bush and barbara bush and bob dole on all these things. >> that is where donald trump wants to be. he wants to say in that audience, with all the rnc establishment making that case and that is what really riles up his base. he is not a longtime republican. we know this. he is not necessarily committed to the party in the way that -- >> of third party candidate. spent a lot of money. >> and so did we. there are certain logistical obstacles, like the ballot access, the fact that there are a sore loser laws in ohio and texas that a critical for any win. iffy runs as an independent the democrats win. this is very basic and it would be catastrophic for the

republican party. neil: it would be cute. by the way that is my teenage boy's favorite line. it would be huge. everyone is doing business with iran and jumped -- an american company, ge, oil and gas, what is wrong with that? everything is wrong with that.

neil: we are approaching highs, the overnight we got this report that saudi arabia agreed to a freeze, they are not cutting anything. and committing itself to a diet. what would you know about diet.

europeans are promising more intervention to prop up their markets, japan, the same story. shares soaring after apollo global for cover 7 billion smackers. when deals are announced, this vote of -- the markets today, shareholders they happily take the money and ask questions, former state department official, and oil and gas opportunities in iran. what do you make of the fact that g e, europeans are doing it, we're a big reason those obstacles came down so why not? >> that is right. this is the first of many, you

will see a lot of these companies, others are already in discussion. boeing taking advantage of the decrease in sanctions. iran is not sanctions free, even to engage in sales related discussion is. neil: the deal in place even now. >> their sanctions related to the designation of human rights and they're going in and when you see this you had a patriotic impulses a we should not be doing business with terrorists that gives the u.s. influence and doesn't see business for the europeans and other economic players. neil: you can argue the patriotic case, it is apples and

oranges that for these guys is not a red or blue issue or right or left issue but making money and they -- the french and germans and italians make money hand over fist with this money that is freed up, we should have a shot at it too because we are only spading ourselves if we don't. >> if you are running a company like ge or the other ones you will see going to iran a prospect of facing a board of directors and shareholders, activist investor is explaining why you turned your back on a beagle large opportunity. the flip side of that is not quite go or no go, for u.s. companies, you have certainly presidential candidates, ted cruz giving a strong speech on defense calling for an increase in defense and other candidate said similar things about killing the iran deal monday 1 of the administration. nonetheless all these things take time so it is almost just companies doing the responsible thing to appreciate the full

scope of the iranian market. neil: good having you. we have been talking about the legality of what republicans are trying to do in the senate to stop the process where the president can appoint a replacement for justice antonin scalia. there is another way this gets even more sordid and more dramatic and even more historically weird. that is the interim gap between an old congress going and the new one, new president coming in. pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes

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>> we are just getting this in. chuck rascally very influential. not ruling out supreme court hearings. i am told about 15-20 minutes ago. it is wise for republicans to go tit-for-tat on this. changing policy in washington. we are not so arrogant to assume that we could did all right. former deputy general. very good to have you.

what do you to make of this, chuck grassley indicating, we might. >> i think the senate certainly goes through. i just think that the senate ought not to vote and confirm anybody until the results are known. the same way the president has any right to nominate anyone. the senate has a full power consent and has no constitution neil: we are in the final year. the average is 67 days. approval or disapproval in the senate. nine months to go. >> this is common. their very last year.

you have the opportunity to ask the american people what they want. i could not think of anything more important. nothing more important then than the court that is split four-four. affirmative action. we live jim. race. free speech. all of those are now in the balance with justice scalia passing. neil: the president with less than a year to go. do not do it. they will back time it. you have a year to go. before we market off. it is a moving target. >> that is a good point you are making. an opportunity for a referendum on all of these issues. a lot of issues they care so deeply about. the supreme court has seized power over all of them. why not put it up to the voters.

they will vote in november. we can confirm each other right after. >> not a body brand by one person. it has eight other members. it can still function. >> it would behold lower court rulings on everything from deportations to other issues. >> yes. i think it washes out. forcing inflation laws. the lower courts. striking down that policy. that cannot change anything. the little sisters of the poor not having to provide contraception. whether unions can force employees.

those are right now in the liberal direction. >> hillary clinton or bernie sanders. one or both of the houses. are they going to regret not seizing on the moment? >> i could see someone may have for grad. you may think, well, the republicans in the senate could have struck a better deal. on the other hand, trust the american people. counters sell someone short of a socialist. i am just saying, i can see it happen. i agree with you.

i believe in the last year, so important for the future. twenty-five-30 years. you can do a lot in your final months. rudy giuliani, september 11. he knew he had a few months left to go. he declined by what he did. >> that is a great idea. i wish i would have thought of it first. let's put rudy giuliani on the supreme court. >> did you stop by? >> it is interesting. you never know. the dow down in and out of session highs. you know what, they go off to the races. do not come into snap judge

meant. as only he can. what do you make of this? we have these extreme triple digit. maybe we are getting our footing. what do you think? >> coming back. call. i do not think in any way shape or form was it fear driven. it is moving negatively against the grain of some pretty solid fundamentals here in the u.s. maybe weakening a little in europe. of course, japan. dangerously close to a recession. bad news there was absolutely translated to goodness. more massive stimulus. what inevitably will have to be phased back.

much of that pot that asia would start stimulating. they prefer the government stepping out. they prefer the government stepping in. it is probably far enough down the road. u.s., europe and japan. at the mercy of commodity driven china. continues to slow more measurably. i need market advice. is there something basic you can tell them? here for the long haul. stocks are good.

market timing is tried and true. not 10 minutes or less. neil: not 10 minutes or less. i will add the 10 10 minutes or less. >> it is a little bit of a perspective. threatening to sue ted cruz. threatening to sue him. after this. ♪

>> ted cruz seriously has a mental problem. he is a liar. >> that was donald trump. he would still follow-up and sue ted cruz. whether he was a natural born u.s. citizen.

very early on, a big backer. >> well, first of all, any time trump is challenged, he threatens to leave. liar, liar, your pants are on fire. >> what happened to these guys? >> i still think it is like a lovers quarrel. do not kiss and make up. >> i think that it is part of the fun. he did open up the possibility that crews could be a running mate. not as crucial. what is the thing he wants to take back? >> i think it is bigger than that.

by south carolina. first of all, on a brighter note, i had some ted cruz barbecue sauce. nothing goes better than barbecue. it was kind of a food fight. personal liberties. the protection of second amendment. most importantly, the nominee for the supreme court. >> he painted it as a liar. no one trusted him. then you have the bob dole's coming out. almost saying, you know, crews would be more aware. >> no, i do not think so. endorsements are important. so are ads. we still have 10,000 plus volunteers.

it is larger than 2012. a lot of people are undecided. the rest of the candidates will be picking over the leftovers. >> very eloquent. very passionate. riding some of the most definitive and memorable opinions. he does not want to get this. the opportunity to present a candidate to the supreme court. does that make sense to you? >> a reason that makes sense is that this president is too political. well, possibly. we need another conservative on the supreme court. >> didn't they let them say it? this does not fly?

a nominee that we could trust. what he or she should be reject it. who was the appropriate residential candidate. >> the president decides on this. rejected and then one final leap proved this in the office. it is reject it. it was up to the successor. >> crews and trump are both street fighters. >> would you want to pick up that hot sauce?

>> does it taste good? it is a special blend. >> we are opening up a barbecue stand. >> thank you, thank you very much. oil down again today. all over the map today. that is an anomaly right there. i will tell you what is acting as a catalyst. the reason why this down, i do not think it will last very long. producing a bot of oil. freezing that production. living up to that goal. this is where the market is saying we do not believe you. they are flinging barbecue sauce right at their eyes. i do not know what that means. i will have more after this. ♪

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. neil: all right, five minutes, russia, saudi arabia, venezuela talking about freezing oil output, not cutting it, keeping it frozen doesn't mean have you problems with iran flooding the market. over my head, this much i know, these guys had trouble sticking to any kind of agreement jeff flock with more on that. jeff? >> reporter: neil, you're such a naysayer, i thought it would be appropriate to find somebody who's a little more positive about this. alan knuckman. >> the optimist. >> reporter: you see this as a potential positive. we don't see it negatively because the market as neil points out doesn't like it. >> the market is the final arbiter, at least they're talking. these are guys that don't typically work together, the keys of semantics about a cut versus a freeze, we're at two million barrels a day of surplus, but at least maybe

it's the beginning of something. >> reporter: the market in the beginning of the session, the intra-day chart, as high as 31.50 something, i thought, they took it as a positive. >> quite a percentage bounce from the day and the last week. i'm trying to tie it altogether, looking at assets may be bottoming out. this is typically what you see where the markets got tested when the new lows in the s&p and the new lows in crude oil, they are highly correlated. maybe they've come back, may be something, maybe. >> reporter: i spent the day in the cold in gary, indiana finding a lot of low gas prices, we're going to see them lower or not? >> hard pressed to see them push lower from here. could see a quick snap up to 40. important to see how quickly the markets bounce back, look at the moves over the last couple of days with everybody heavily short. >> reporter: they seem to like

it, neil, any time there is a rumor or anything like this comes in, we get a jump. they want to go higher. >> can't hold it. >> reporter: no reason yet. >> just can't hold it, yet. neil: gentlemen, thank you very much. back to donald trump and the threat of his to maybe bolt to a third party. time is running out. he's got the money to make it work. so does michael bloomberg. we have a bunch of billionaires battling it out for third party nod or a bunch of parties. what's wrong with that? after this.

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. neil: you know, when everybody dismisses this threat, immediately give credence than for no other reason than donald trump has acted on impulses before. and he is not that keen on the way he says he's been treated by the party. party luminaries, the way the

like the george bushes have talked about him, and george bush senior and jeb bush. more than just dick cheney, the party operatives going back to bob dole. he has been dismissed by the party hierarchy and he's saying i might take my marbles and leave on my own. is that a real threat? to mark and dagen, what do you think? >> i don't think he would do it now if he was going to run as a third party that's the direction he would start at beginning, if he breaks from the republican national committee, he looks like a sore loser, and i don't think that is what he wants, and i think it would also be very tough given recent history. it would be nearly impossible to get 270 electoral college votes. if you look at recent history, only the eight most recent third-party candidates including ralph nader and ross perot who ran twice, not a

single one got one electoral college vote. the last third-party candidate to get electoral votes was george wallace. 46 electoral college votes, he won five states. the math is not in his favor if he breaks from the rnc. neil: even the case of ross perot got 19% of the vote, the question is not whether donald trump has been cheap when it comes to spending his own money, for good reason, he can get good bang for the buck showing up at the event. might be different running as an independent, right? >> sure, neil, he's bold enough to do it, you are right about that. if you look at this in business terms, if you're considering whether i want to create a start-up or want to buy an existing business, the start-up is going to cost you a lot more. the existing business, the republican party platform is going to cost him less, and i think that trump really makes a lot of decisions based on how much it's going to cost him. it's really the threat, i think, that gives him advantage

because trump learned a lot from the iowa caucuses. he thought he was going to win, and i believe now he's very focused on the next milestone. and the next milestone in south carolina is open primary. and what he does is brandishes his independence by threatening to bolt the party, that draws in more independent voters. neil: that's interesting, dagen? >> i think this, a couple of things by going waaa, about the rnc every time people aren't genoflecting at his feet, he stays in the news. number one. and number two, why would he call president bush and say he lied about weapons of mass destruction, lay the blame of 9/11 at his feet? is he trying to court democrats if he breaks from the rnc and runs as a third-party candidate? i don't know, i think crazier things are involved.

neil: whatever groups he alienates within the republican party he brings far more in who have never voted. not only republican but at all, and wins himself over with the groups and risks it to dagen's point by bashing the bushes who are very popular in south carolina. >> yes, we are two weeks away from march 1 when there are 14 states in primary caucuses. of those states 8 have open primaries. first with south carolina, then looking ahead to march 1 where he's looking to bring in new republican voters, but also crossover voters, independents and democrats in eight states two weeks from today. i absolutely think this is about the coalition, plus if you take a look at the new hampshire exit polling, we have ad nauseum, he drew votes from moderates, conservatives, very conservatives, this is all coalition building, and dagen's right, he's taken all the air out of the room as he does so well with the media.

focused on the turnout from across the spectrum. neil: thank you very much. switching to the democrats right now -- you remember the new hampshire primary? the one that bernie sanders won in a laugher. hillary clinton tied with bernie sanders in new hampshire? i'm thinking to myself, that's weird because bernie sanders, whatever you think of him, he won the state in a walk. now i want to show you something else. democrats have something called superdelegates, which are delegates but supersized. look at this. hillary clinton, and we barely got this process going, has nearly 400 delegates at this point. you're going to have to take my word, she really does, because we have nothing to show you. she does. she dwarfs him already in contests that were razor sharp, dead even in iowa and won in

new hampshire in a laugher. ashley pratte that is weird. what's going on? >> undemocratic for the democrats to have this system in place considering the fact bernie sanders crushed her in new hampshire and comes out tying her? that doesn't make sense. smart of republicans to come together with democrats and say this is very undemocratic in your process. you are simply seeing it voters, we are just going to negate what you said by voting and decide for you and they do have the chance, the superdelegates do to take back their votes and to switch their minds in july at their convention, but that's a big if. neil: important i grant you superdelegates are not obligated to vote along the line of hillary clinton for hillary clinton, but when i saw the breakdown in new hampshire that they were even. walking away with equal numbers. >> 15 apiece. neil: that's bizarre because i was there, i saw it, he won by a country mile. what's going to happen in other

states where it might be close? is he going to get any reward for that? >> going ahead to south carolina and nevada when you're looking at those superdelegates as well, you're seeing them go in favor of hillary clinton. regardless whether or not bernie sanders has a good showing in those states. polls show he's on the cusp, where he has to close a wide gap with her. if he is able to pull out a win and the superdelegate system fails him, that's again, looking at a very undemocratic process that the democrats have in place, and sanders' supporters should be outraged. he's running against the establishment and the establishment is looking to crush him. the media, the dnc, party officials, it's completely boag us to me, especially new hampshire where you had senator jeanne shaheen and the sitting governor maggie hassen who have pretty much said we're in the bag for hillary clinton and doesn't matter what new hampshire voters said in the democratic primary.

it can change their vote, but i doubt it. neil: it's weird, on that level alone, when i heard later on they finished tied in delegates in new hampshire, i thought -- >> it's a head scratcher. neil: thanks, kiddo. i appreciate it. >> thank you. neil: news to at least bernie sanders fans. a former hillary clinton backer feeling the bern. talking about georgia state senator is on the phone. the second highest democrat in georgia. it's a big deal. but he switched his endorsement from hillary clinton to bernie sanders. the senator with me now. senator, good to have you. why did you do this? >> well, i had an opportunity over the last few months to look at bernie sanders' record and his positions and ideas on health care, on criminal justice reform, on medicaid expansion, but especially on reining in wall street, i pass the strongest anti-creditory lending law about ten years

ago, the strongest law in the country before it was diluted. so reining in wall street, breaking up the big banks is an issue that's central to my politics. so i took all that into consideration and found that bernie sanders' positions, his ideas, his approaches are most similar to mine. neil: so the socialist thing didn't bother you, or you were okay with that? >> no, i mean, the socialist label didn't bother me at all. the issue is does bernie sanders represent the best opportunity for moving people into the middle class and sustaining -- and having an impact on income inequality and income immobility. that's the overarching issue. here in atlanta, a child born at our public hospital, a child born at that hospital is more likely than anyplace else in

the country to not be able to move into the middle class. that's wrong. neil: do you have a problem, whether it's hillary clinton or bernie sanders, the lot of the solutions i hear bandied about in their debates is more government spending. more taxing of the rich. you could say republicans are just as bad when they advocate just tax cuts and ignoring run away government spending when it comes to entitlements. does it bother you bernie sanders said a top rate of 90% would be fine by him. he's advocated higher taxes to the rich, once extended that to the middle class. and they're going to get a lot more bang for the buck than the higher taxes, but first response seems to be raise taxes. >> well, let me say this, you know, someone this morning said he has a lot of outlandish ideas. the fact of the matter is, neil, when people started signing about 100 years ago we need a minimum wage, a 40-hour workweek.

we need to do away with child labor. neil: no, no, i know what you're saying sir. do you think he backed down a little on the 90% thing but advocated sharply higher taxes. do you think -- >> he's advocating. >> i understand, what is a fair tax that the rich should pay, in your mind? >> well, you know, my position is at the very least, we need to consider requiring corporations, wealthy corporations paying their fair share of taxes. fact of the matter is, major corporations is lower than any other time in our history going back 40 or 50 years. neil: you would bring it to what? they have a 35% pay rate, make them pay that? make the rich pay 50, 60%? >> that's going to come out in the negotiations. right now what i'm focused on is making sure bernie sanders. that he wins in november.

neil: and you think he has a better chance as the leading democrat than hillary clinton? >> i think bernie sanders is exciting the democratic base. i think he's exciting independents. when you look at numbers for independents. i think that he has got a particular ability to engage millennials. i think bernie sanders has a great opportunity to become president. i'm looking forward to it, and i'm working as hard as i can, will be, to make sure he gets the nomination and is elected president of this country. neil: well, it's a big deal when someone like you, a very influential figure in the party in the state of georgia makes a move like this. we'll follow it closely. senator, thank you for taking the time. all right. take a look at this. session highs, 210 points, 207 points. that's pretty good even in the face of lower oil prices.

we have a big deal to talk about, which we will. and tentative agreement on four big producers known for lying, to agree to freeze their oil output. that is akin to me making a commitment to stop eating sweets and ring dings and only eat healthy. i will only let you look at me briefly to know, it doesn't always work out as planned. just saying. after this.

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call today at see car insurance in a whole new light. liberty mutual insurance. . neil: you know, this whole replacement issue for chief justice antonin scalia who died over the weekend, another option is being raised, the president avoided it about altogether in giving a recess appointment. in other words, somebody who temporarily fills that seat for the next year or so and then a new congress and/or president can decide whether that person stays or go outside and choose someone different. form assistant deputy general. i think this court ruled against the president doing just that with members to the national labor relations board,

what do you think of the likelihood of that succeeding? >> unlikely scenario. here's why. the supreme court case you mentioned, the court essentially said that the senate is in control of defining when it's in recess. nar reason alone, i think this senate is obviously going to be very careful about taking lengthy recesses that would enable the president to put a justice on the court through a recess appointment. that's one obstacle. there are political obstacles. we know that this president likes to circumvent congress and do his own thing. while i wouldn't put it past the administration to try something like that. given the political climate, that might be a little too far even for this president. neil: do you find the political climate might not be as hospitalable for republicans if they do such a move? especially when voters say you've got a majority in the senate, the odds of you getting controlling 60 votes for the president's pick for the supreme court are fairly low.

so let the process work itself out. you look like you're adults, torpedo the nomination you don't like, assuming you do, and it's a win-win. >> no question, that's another option for the republicans, if there is a lot of political pressure to move the president's nominee to a vote, they can do precisely what you suggestested. put the nominee up, have a full and fair day to explain views and take a yes or no vote. that's another option for the republican. do they put the nominee up for a vote. neil: what do you think they do? >> my guess is i think it's unlikely they'll put the person up for a hearing. i don't want to rule it out, i think a lot of it turns out who the president nominates. if the president goes for a quote, unquote consensus nominee, that increases the likelihood the republicans tee it up for a vote. president could swing for the fences and put up a dream nominee and in that situation i could see the republicans not

even convening a hearing. it will depend who the president elects. neil: if the president submitted an elizabeth warren that's a non-starter. >> i assume that's a non-starter. neil: thank you very much. interesting. let's take a look what's going on the corner of wall and broadway. oil is a factor. even though it is down, look at what happened in the european markets today. we have hope that they're going to stimulate, they're going to stimulate in europe and asia, which is weird when you think about it. this is a laissez-faire crowd, by and large that hates government intervention, except when it benefits them, which is really weird because they're very good at preaching no government help in any way, shape, or form for anyone else but them, which could lead to you believe they're despicable human beings. it could, but they're arguing otherwise, since they're making money, they can argue you're making money, so calm down.

we'll have more after this.

. neil: all right, the markets are up today appreciablely, reversing a so-so session in europe and so-so session in asia. what got the stimulus going was talk of more stimulus in europe, more stimulus in asia, and that's what this once laissez-faire crowd that hated the government interference of any sort, but very different since the meltdown got them bidding up. markets jumping after all of this. i think i might see this, i wonder, that's weird, celebrating the government coming presumably to the market's rescue? >> well, you know, lot of people try to decouple central banks from the government, they're not supposed to be reporting directly to the government, but we all know where the money is coming from, for those interventions, neil, let's gloss over that one. one of the things we're seeing

right now is the smaller and smaller effect that all of this qe is having, whenever they step in as draghi said they would step in, he didn't say they're going to. if a couple of factors come in that he's ready to act, and we're seeing that really it takes more and more of the monetary drug to get the same high from that infusion, so i think the markets are up a little bit today on that, but i think we're going to see going forward, going to remain very cautious on what additional qe can do. neil: talking about quantitiative easing and draghi's action. do i worry that markets can only respond and appreciablely move up, and you are quite right, since they carry large balance sheets it's a fair comparison, and i wonder about not seizing on healthy fundamentals, like an economy that's still okay, not

gangbusters or a big deal as we saw with apollo and adt, $70 billion transaction. the other stuff is short-lived, to me at least. >> i couldn't agree more, neil, right now we're dealing with the four horses of the bearish market, apocalypse if you will, globally, we've gone, in if you look at global index, the msci, world index is down 20% from highs, so the world is already in a bearish market. neil: think it's overdone? people say a bounceback is in order just on that basis alone? >> on that basis, you hit the nail on the head on one thing, neil, we are going to see some really violent bouncebacks in the next three to six months, i think they're going to be short lived. here's data for you. 19 of the 20 single biggest updays in the market for the

last 25 years have all come in down markets and bear markets. we will get the violent snapbacks but i don't think this is the time to say we're going to get another one of the nice v-bottoms like august. we're going to have sideways to downward motion from here. neil: thank you, very wise read of the markets and a calm read at that. steps back and looks at history which is a novel idea. thank you very much, my friend. all right, you know, you probably heard already about warplanes hitting a hospital in syria. nine people were taken out. doctors without borders hit again, the russians are denying it was their warplanes but right now we have pretty much irrefutable evidence that it was their planes. they're in a tight spot. the read from garry kasparov on how worrisome this could be for vladimir putin? in new york state, we believe tomorrow starts today.

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. neil: i'm not saying it's time to book your next flight to havana. close to u.s. and cuba signing that pact that would restore commercial flights between our two countries. jetblue is the early lead on this. just a matter of time before whisking out of anywhere to havana and back, planning quite a few flights back and forth, back and forth, that could be the new sun destination for americans and cubans to come here.

in the meantime othese developments in syria where a hospital was taken out. nine killed. largely doctors without borders workers. garry kasparov is saying just because russia is denying this attack doesn't mean russia isn't still behind this attack and we're learning there's video, the russian planes involved, that would seem to show that. but vladimir putin is denying it. good to see you. >> thanks for inviting me here. wish we had other things to discuss about the strategy in syria. i'm afraid we'll see and hear more bad news from the region. putin doesn't care, he knows that he gets whatever he wants negotiating can americans, with europeans. neil: he doesn't even negotiate now. >> negotiation is my way or highway, and always his way, and unlike others like obama administration or european allies of the united states, putin knows exactly what he wants in syria.

he wants to stay in power at any cost. obama said five years ago, the assad in damascus is to steadily destroy nonisis opposition to assad, and knows there is no way to buy oil from these people so he has to kick them out. more and more refugees, people fleeing to europe, good because it weakens the european union and only a region assad can control. neil: garry has a great book out, we're learning today separately that the russians, the venezuelans, the saudis, those in qatar are now agreeing to a freeze on oil output and the russians included. and it's not a cut in oil but it's a freeze, good enough for the markets to see this as a

stable development that could eventually lift oil prices. >> but it didn't. neil: it didn't. it lifted stocks today. >> it didn't. neil: do you think any of these parties, including vladimir putin will stick to this? >> i don't think putin will stick to any agreement he signed, if it doesn't work for him. >> really? >> he saw another opportunity, not so much oil prices that could help but to bring saudi arabia and qatar, the sunni monarchies from the gulf at the negotiating table. he wants to play the games to liken a casino to many tables. neil: president obama says he's the one that's desperate and far strung the things in syria and ukraine. >> who is president obama? there is no america in the middle east anymore. putin is to blame and obama keeps sending kerry there. neil: he's filling that void.

>> it has been fielded by putin, assad, but other terrorists. neil: you've seen the republican bunch of candidates does, anyone impress you more than another who could deal with putin? or take him on? >> look, unfortunately now in this current elections looking at both sides i have to use a default action. my view counterproductive four years of foreign policy, because you know you cannot you know have america first unless you have global, global, global view. i would say rubio for foreign policy, maybe kasich. neil: not donald trump? >> come on. he's putin's fan, so it's the end -- america needs a president who believes in something. he evolves on a daily basis. neil: yeah?

>> not on the principle, so i think he knows what principle means. neil: what about bernie sanders? right now we had a guy switch the allegiance of a georgia powerful democrat. i suspect the first of many who will bolt from hillary and maybe to bernie? >> we could see the crisis on both sides, and by the way, this is a result of obama's administration because it created so many expectations on one side and led to bernie sanders, people believe obama could do more, you know, to destroy the economy. >> the problem is with these two -- >> trump is on the side, if people are upset with what obama did, and unfortunately these people see no powerful response. neil: with donald trump, he would tell people where to get off, go to hell, that kind of thing? >> no, because trump's instincts is to make a deal. that's what putin needs.

let's not forget the soviet union will have harry truman, in the late 40s, who just took a very strong stand against joseph stalin, not putin and reagan in principle. you need strategy, you need a vision, and you have to understand that moral values that create the foundation for the victory against totalitarian forces and dictators. neil: well, you're a chess player, i'm a chess player, we're like joined at the hip. don't you think part of chess is not moral, part of succeeding is outstrategizing the other guy. you were the world's best at it. that might be what we need, someone who can outstrategize the next guy? >> in chess, you know, you know exactly what your opponent has. it's 100% transparent game. you know exactly what kind of

resources could be used against you. dictators hate chess because they're very good tacticians, they can be spontaneous, they don't have the burden of the parliament or the press. neil: i've seen you where it looks like the opponent has all the piece us and don't, and you've won? >> look, again, the advantage of democracy is the democracy can allow the institutions, democracy can have strategy that will overlast the president or the prime minister in office. neil: and we're dropping the ball on that? >> that's a problem, we need a plan that will work in five or ten years from now, and i don't think we should be caught by this hysterical claims of today. we already made so many mistakes, that's why while seeing putin and others on the rise, we need a plan, a strategy, and the strategy

based on the same values that led the free world in the cold war against the soviet union. >> garry kasparov, a pretty good chess player, and more than that, a good writer. agree or disagree, lays out a scary blueprint what's going on that many politicians left and right aren't paying attention to. he is, and as a fellow chess man, i don't know where i'm going. the economy, even despite all the concerns about what garry was mentioning and the fear that bad guys are doing awful things, do you know the economy trumps all that stuff right now with voters? why is that? after this.

. >> reporter: it's time now for the fox business brief. we have the market in rally mode today. the dow off nearly 200 points. tech leading the way, and we have the alarm company adt acquired by apollo global management and with the huge premium on that deal, 56%, the stock is up almost 49%. so that makes sense and certainly that was a good start to the day in the markets. and yahoo! another one in terms of the broad technology rally we're seeing for stocks today, biggest percentage gainer is yahoo! up by 8% today. and finally groupon is up today

as well. alibaba, the chinese company is chosing stake at 5.6% stake making it the top shareholder in groupon. so it's 39% higher today. broadly speaking, the market is doing well. 200 points for the upside for the dow and neil is back in a moment with more "coast-to-coast." keep it here.

thanks. ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ cut it out. >>see you tomorrow. ♪ . neil: all right, the one thing

i learned from my friend douglas holtz is when push comes to shove in most election it's about the economy. if it's doing well, good for the party in the white house. if not, not so good for the party in the white house. the economy is a very big issue, the top issue for now in various polls for voters. the aforementioned is with me now. good to see you. >> good to see you, neil. neil: it all depends on your perspective of the economy. has improved from when the president first took office, as you reminded me not to the degree people feel or are convinced it's a good thing? >> unemployment is under 5%, we're doing fine. that means 95% of people haven't gotten a job or a raise. when you get to june-july and people make up their minds about the presidential. if things don't look better, that's bad news to the democrats.

neil: that's the inflection point, there's a delay effect with this. we learned from bush senior ironically, the economy was rounding the bend out of a recession and bill clinton got in. >> yeah. neil: another distinguishing element in 1992 was the role of ross perot, third-party candidate, got almost 20% of the vote, not a single electoral vote and donald trump talking about being an independent? >> and we've got bernie sanders, another wild card in many ways pushed this race in places we didn't expect. so i think what trump has done most successfully is give people a place to blame for the economic woes. neil: whose rage is real and palpable at the ballot? >> i think the people who are frustrated are the people you hear wanting minimum wage increases, they want a raise. neil: bernie sanders fans. >> some of them go to sanders, they want the government to fix problems, others are conservatives. they've seen seven years of

barack obama. they're not going to get on government. they go to donald trump, he's given effective scapegoat if nothing else. he can blame the chinese, blame the mexicans, i won't let that happen again. neil: one of the things he talked about which brings in more people to the tent is the disaffected for both parties. we were chatting during the break, look, you're darn right i'm alienating republicans but bringing in far more. do you buy that? >> i think that's what he wants to do, i don't think it's in the data yet. neil: relatively early. >> we've had one real primary. see what south carolina does. but there's no -- neil: he's winning south carolina, and up by 15 or 20 points and 7 of 9 of the sec states leading there, many by double digits. he could be off to the races, right? >> no. the rnc has rigged it largely

because john mccain clinched earlier than a republican ever had, they decided to drag it out. the primaries are proportional. if donald trump gets 40% of the vote in every one of those, he's only a third of the way to the delegates he needs -- neil: feeding my prediction, almost a year ago, that's going to be a brokered convention. in all seriousness, i look at the proportional voting, it will be very hard for one guy to get there with all the delegates necessary, right? >> the scenario people you point to, on the other side out of kasich, bushes, rubios, some drop out and beat him, the trouble with that is florida is a winner take all, why would bush or rubio drop out? ohio is take all, why would kasich drop out? neil: normal rationale if you are on the first ballot, all

bets are off. >> all bets are off, the rules committee is the most important person, and the historical person, president garfield after 39 votes was the nominee. that's the way to play the brokered convention. neil: you know what happened to him. very good seeing you. great story. you heard this idea about the establishment versus donald trump. the democrats are an establishment as well. an establishment is in the form of superdelegates that made hillary clinton the unstoppable nominee right now. i was shocked to find out when i was in new hampshire last week, there was bernie winning by a country mile. they left new hampshire even in delegates. as donald trump would say, that's huge! that's not a very good impression, is it? can you do the huge thing? can you do it, doug. >> i don't do huge. [ laughter ] >> admire that. more after this. we live in a pick and choose world.

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see car insurance in a whole new light. liberty mutual insurance. . >> he sounds like a liberal democrat to me, bret. he's wrong, and he's, i think deliberately promoting those views in order to advance his political interest. neil: that was dick cheney with bret baier adding to the number of establishment republicans, including both bush presidents and jeb bush and bob dole, and i could go to senator john mccain raising serious doubts about donald trump and whether he's fit enough to be president of the united states. ron meyer on the gop establishment sort of gathering the wagons around donald trump. donald trump just uses it all in a campaign commercial, right? >> absolutely.

i don't see why he wouldn't. this revs up his support with. dick cheney, everybody got 30 seconds to respond to attacks during the debate. a lot of the attacks are at cheney. he had a lot to do with the weapons of mass destruction, talking points with the developing that intelligence and coordinating that intelligence as well as leading the efforts in iraq. so he never got his 30 seconds to respond. that was his 30 seconds to respond. it's only fair. because people didn't think jeb bush did a good job responding to him. people said marco rubio did a better job than jeb responding to attacks on his brother. especially after the attacks, after what trump said about the weapons of mass destruction and bush lying and maybe being culpable for 9/11 that some of the guys say we don't like this guy. neil: yeah, sometimes you can't blame someone for being paranoid, they are out to get you, and i think that kind of criticism, and it's really consistent criticism, from the

lines of the republican party, saying to a man and oftentimes a woman, look, this guy is dangerous. so who could blame donald trump in that event from saying, you know? i've made a deal with you that i would stay loyal, but obviously some of the party's most notable stars are not loyal to the prospect of me. that's not fair. >> cheney said he would support trump if he were the nominee. he won't be the nominee if he keeps saying that. if you see the press conference, he did walk some of the things back, not everything back. what trump will have to do if he's the nominee, he will have to kiss and make up with a lot of the people he's personally insulted. republican party is open on having a discussion on foreign policy differences and economic differences and immigration differences. republican voters are open and happy to have discussion on the issues. i think people are repulsed how personal it's getting. but trump is not the only offender there, but one of the primary offenders, certainly.

neil: well put, ron, thank you. red alert politics on there. we have a whole idea of infighting in the democratic party going on here, it's even worse if you think about it and what's going on in the republican party, and this guy's fans feel he's getting the shorter end of that stick. he's sticking back.

....

donald trump: "people love me..." donald trump. look past the boasting and you'll see right through him. he supported partial-birth abortions. his phony trump university? accused of fraud. he tried to seize private property to line his own pockets. four bankruptcies... and small businesses screwed over. poll after poll shows him losing... to hillary clinton. if trump wins, conservatives lose.

right to rise usa is responsible for the content of this message. neil: the real possibility that bernie sanders gets the nomination and what he would do as president of the united states. >> neil, sanders socialism is not soviet style. his message on an equality, fairness is not that different. >> i asked the political revolution.

democratic socialism is about saying that it is a moral and wrong. the top 1% in this country almost out 1%. almost as much wealth as the bottom 90%. sanders wants washington to take more than half of what the wealthy. and give it to others. >> i think we should look to countries like denmark and norway and sweden. >> everyone gets a year of parental leave. a check for childcare. five weeks vacation and workers work about five and a half hours every day. >> he wants america to look a little bit more like scandinavia. >> that is right. what is wrong with that. in return, residents give free medical care, a college education and students received $900 a month to cover expenses.

>> they do not work. they are very harmful to the middle class. >> we also have income and wealth inequality than any other major country in the earth. >> a $15 minimum wage. women earn the same as men. sanders has not said whether he would limit executive pay. >> he is talking about reform. level the playing field. >> the take away is you cannot soak the millionaires and billionaires enough to pay. people are voting for him. the middle-class. back to you. >> thank you very, very much. speaking of this force. it is full throttle right now in south carolina. nevada caucuses. all of that happening on

saturday. join us for live coverage on the spy network. you begin with lou dobbs. polls start closing across the state. we will get a good read on how things are looking. because that is what we do. weekends, week days, that is what we do. >> i will be there saturday night. we will have a fun time. thank you so much. breaking this hour. ted cruz calling him a liar. saying he has a mental problem. all before the south carolina primary. i am trish regan. welcome to the intelligence report. accusing them of breaking their pledge to play fair. >> the roi in the better get its act together. i signed a