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now "justice with judge jeanine." >> this is a fox news alert. former vice president dick cheney is recovering in the intensive care unit of a fairfax hospital in virginia after undergoing heart transplant surgery today. the cheney family issued a statement saying they do not know the identity of the donor, but will always be grateful for this lifesaving gift. here's what's up tonight on "justice." >> i have faith in the court and the bill. >> obamacare showdown in the supreme court. will it be upheld? michele bachmann gives us her take. plus, tragedy in florida. the trayvon martin shooting.

what really happened that night? does george zimmerman have any defense? and more fast and furious fewery. why did the justice department let the biggest bad guy go? coming up tonight on "justice." hello. welcome to "justice i'm. i'm judge jeanine pirro. the republican battle of the bayou gives a crucial win tonight fori. for rick santorum. mike huckabee joins us. governor, why was the santorum win so big in louisiana? >> it keeps him in the race. he had to win tonight. mitt romney has had a great week or so. rick santorum has had a tough week. >> a terrible week. >> had a very bad week e. needed something to keep his campaign with flame left in it. >> what do you think about the fact -- speaking about the bad week, he basically said that,

you know, voting for romney is basically the same as voting for obama. then when he took it back, he blamed romney, the romney camp. i mean, it made no sense. he said that -- i think the quote is, "this is just another attempt by the romney campaign to distort and distract the romney media from the fact that romney policies mirror obama." >> this is an exhausted candidate. i've been a candidate. you've been a candidate. there comes a point after multiple, 21-hour days, a little bit of sleep, doing interview after interview, speech, speech, speech, then you say things that it sounds okay when it comes out of your mouth. when you go back and hear it, you realize, oh, boy. the best thing to do is, you know what, that's not what i meant. >> it was dumb. i agree with you. instead after he makes a blunder, he makes another blunder. speaking of that, governor, when you got to the point that you said things that didn't make sense, they pulled you off the

campaign, that you needed a rest, right? >> you need people around you who do tell you you've got to pull aside, take a day off, take time where you refresh and recharge your batteries. >> one of the interesting things tonight is voters who say that the economy was the most important issue for them in this louisiana primary, they preferred santorum to romney when romney is supposedly the business guy. >> that's an unusual kind of twist that louisiana has had. that was not true in illinois. it was not true in michigan. it was not true in many other states. people voted for rick santorum because they liked him better. they thought he was more genuine or because they were really passionate about issues like the sanctity of life and value of marriage issues. this was one of the rare times when santorum really won with voters who said the economy was the first and most important issue. >> jeanine: and mitt romney -- although to be fair here, he

didn't spend much time there in louisiana. he didn't spend a lot of money there. >> yeah. >> jeanine: he didn't do well in some of the troops that he traditional did well with. let's look at something here. santorum released a new ad in the last couple of days. to me it was just a real shocker. let's take a look at this one. >> imagine a small american town two years from now if obama is re-elected. the wait to see a doctor is ever increasing. gas prices through the roof. and the freedom of religion under attack. welcome to obamaville. >> jeanine: when i saw that, governor, the first thing i thought was fear mongerin you know, the gas pump at the head like a gun. the picture looked like a baby in a cradle. what do you make of that thing? >> well, it's a powerful ad. one thing that i think is a

positive, at least santorum is not attacking one of the other republicans, and he's putting his focus on barack obama. the biggest problem that i've seen with the republican primary is the candidates have savaged each other. there's going to come a time -- there's four of them. three of them will have to line up on the convention stage, put their arms around the nominee, and act like they love him. it's going to be tough to do given all the things that they have said. and it's one of those moments, be careful what you say, because it will come back to haunt you. for example, rick santorum is having to really explain why four years ago, not once, but on more than one occasion earbobbically endorsed mitt romney and said he's the authentic conservative, the true conservative. now you have to ask which time were you being disingenuous or now? that's always a tough thing. >> jeanine: it doesn't seem that came out. if rick santorum is now criticizing romney as the etch-a-sketch candidate, all that, how come they're not throwing it back here? who's the etch-a-sketch here? you told us you loved us four

years ago. >> if i was the romney campaign, i'd run that every time. whenever there was an attack, i'd say he thought we were great four years ago. mitt romney hasn't changed in four years. what's different? i'm not sure why they haven't exploited it more just from a pure political standpoint. it has traction to get people's attention. >> jeanine: i'm starting to think it's hurting the candidates. do you? >> i do. i've said this for quite some time. when it goes beyond showing some level of difference, i get that, but when it becomes an attack on the character, the integrity, the honesty of the other candidate, it becomes troublesome. when it happens over and over, it goes back to my point -- they'll have to kiss and make up, rally around the nominee. it makes it very difficult. some of the things that you've seen in the primary campaign will be used by the barack obama campaign in ads in october.

be ready. coming to a theatre near you. >> as you know, blocks makes strange bedfellows. i want to switch gears quickly here. if obamacare does survive the supreme court review, what does it mean to everyone watching tonight? >> it means higher insurance premiums, less opportunity for them to choose their doctor, because doctors will quit taking a lot of government-led healthcare plans. doctors are not taking medicare and medicaid. they'll stop doing it even more when the obama plan cuts $500 billion out of medicare. doctors aren't going to provide services for less than it costs them to provide those services. they can't. it's not a matter of doctors being greedy. doctors have to feed their families and pay their overhead and nurses. there will be dramatic effects. if the democrats, you know, really want to lose this election year, and i'm not just talking about the white house, but particularly up and down the congressional and senate races, the best way to do it is to keep going out, trying to defend obamacare, overwhelming rejected

by the american public. >> jeanine: it will be interesting to see what the united states supreme court does in reviewing the constitutionality of that. as always, great to have you here with us, governor. >> thank you. >> jeanine: up next, michele bachmann on why she thinks obamacare doesn't even belong in the supreme court. stay with us.

>> jeanine: if mitt romney wins the nomination, will he have the support of the tea party? congresswoman michele bachmann, former presidential candidate, joins us. congresswoman, thanks for being with us. >> thank you, judge. it's great to be with you. >> jeanine: you said the gop needs to rally behind one candidate, but you're the only one of the presidential contenders who's not yet endorsed. why? >> because the people haven't made their decision yet. i think they're getting close, but haven't made their decision. i didn't want my voice to be a

divisive voice, i want it to be unifying voice. when i left the presidential field, i didn't want give my voice to one candidate, because i want the people to decide. i want to bring the tea party, the evangelicals, the conservatives together. that's the coalition we need to win together. i want to unify, unify, unify. >> jeanine: congresswoman, when you talk about unify, i mean this week there was craziness going on with rick santorum where he said something like, if they're going to be different we might as well stay with what we have instead of taking a risk with what might be the etch-a-sketch candidate for the future. obviously people concluding he's saying vote for obama instead of mitt romney. he tried to backtrack from that, but in his restatement he basically blamed the romney camp. what do you make of this? >> it's a fever pitch in the election. people are tired. there's a lot of things get said. i know without a shadow of the

doubt all four candidates in the race want to make sure that obama is a one-term candidate. all four believe that. >> jeanine: would santorum say that? >> you get tired, say things you wish you didn't mean. that's the reason why you saw the clarifying statement. i know without a shadow of a doubt all four of them, each one of them wants to be president, there's no doubt, and they're each working hard, trying to clarify, but obama can't have a second term. we all know that. >> jeanine: councilwoman, you were in that race, you were in that race, know it better than anyone. >> you make mistakes. >> don't you agree, at this stage, at a critical stage right now, to make a mistake like that, that you contribute to being exhausted, it's not only, you know, amateurish, but very small on the part of the candidate. >> well, and the mistakes that we're focusing on right now are those of the president. he's making mistakes every day. yesterday was the second anniversary of signing obamacare

into law. that's probably one of the chief mistakes of the obama presidency. that's something that our nominee will rectify by repealing obamacare. that's one thing that i contributed, judge, to this election, when we started, there were candidates that were going to issue waivers and executive orders to deal with obamacare. well, you can't. you have to have full-scale repeal. today now all four candidates have said they will repeal obamacare. i'm very glad about pushing that. >> jeanine: you've been strong on that, on pushing that agenda. we'll talk about that in a little bit. what about mitt romney? you're the chair of the tea party caucus. do you think the tea party will get behind miters? >> i think the tea party will get behind our nominee, no matter which candidate it is, because what the tea party gets is a couple things. number one, they believe you cannot spend more money than what you're taking in. that's very strong. they want you know to follow the constitution. they want albany gone. so the -- they want obamacare

gone. they want the perfect candidate, but if you don't get the perfect candidate we want a candidate that's going to forward our agenda. one of the four nominees will do that. >> jeanine: let's switch gears for a minute. you're just back from israel. >> i am. >> jeanine: you met with the prime minister, netanyahu. do the israelis feel that the united states and the obama administration is still supportive of themor are you sensing some kind of a -- you know, a break there? >> well, i think the israelis see the iranian threat very differently than the united states does, because they fear the shadow of iran on their back, because iran says on a regular basis israel is a curse. it must be cut out, be wiped off the math. israel sees that iran has all the capabilities necessary to build a nuclear bomb and they're looking at taking their facility underground where you can never get at it. well, what are the israelis supposed to do? so they don't want to go into a war with iran, but they also have to look at their safety and

security. it's been very concerning, to be frank with you, the statements that have come out from barack obama. i think it was good that the president did say that israel does have a right to defend herself, but she can't wait until a nuclear bomb is headed her way. she has to act before then. >> jeanine: let me ask you this, i mean do you feel that israel now -- you're on the intelligence committee -- has the right to affirmatively attack iran? >> israel certainly has the right to protect herself, make whatever decisions she has to make. for instance, when i was there, 110 rockets came from gaza into israel. it was the first time the iron dome missile defense shield was deployed. it worked. not one israeli was killed. that's what i saw, an effort to maintain peace. we would have been talking tonight, judge, about a war in israel if this missile defense shield didn't work. we would have had a lot of people who have been killed. they weren't. the best thing we can do is

everything we can to avert war. now, just imagine, if iran gets a nuclear bomb, they won't keep it. they'll share it with easy bowl la, with hamas, potentially with al-qaeda. there will be no containment of nuclear weapons. iran did not have a nuclear bomb. and israel shouldn't have to take this war on alone. they shouldn't have to be the only ones. >> jeanine: before we wrap here, do you believe the united states will help israel? >> i can't share that information, but i think it's important that the united states does have israel's back. that's my opinion. >> jeanine: okay. all right, congresswoman stay with us. up next, nancy pelosi says the healthcare is ironclad constitutionally. how does she know?@

>> we knew what we were doing when we passed this bill. it is ironclad constitutionally. i have faith in the courts. i have faith in the bill. >> jeanine: what's interesting, this is the same person who said we have to pass the bill to know what's in it. now she says she knows what's in the bill. anyway, we're back with congresswoman bachmann. nancy pelosi says the bill is ironclad constitutionally. is it not? >> no, of course not. it's an unconstitutional bill. next week the supreme court will take this up. i will be in the supreme court chamber to hear the oral arguments. i'm the chief author of the bill to repeal obamacare. this is very important. the american people hate this bill, because the federal government does not have the power to force you, or any other person, to buy a product or service against your will. when they do, they effectively set the price. what's that but a tax? that's a tax.

>> jeanine: what's interesting, if they say the basis for the law is that you're involved in interstate commerce, the truth is buying insurance is not interstate commerce. >> states tell people they have to buy insurance on their cars. states don't force you to drive a car. you don't have to. that's where this deviates from obamacare. if you breathe, you have to buy it. that's taking away your liberty and

>> jeanine: do you go to the movies? >> yes, i do. >> jeanine: you going to see "the hunger games"? >> i will, because my daughters want me to. >> jeanine: i'm going, too. see you next week. >> thank you, judge. you're awesome. >> jeanine: another outrage stemming from the fast and furious program. the department of justice let a gun runner free. then the man who shot trayvon martin in a florida gated community claims self-defense? what makes the sleep number store different? the sleep number bed. the magic of this bed is that you're sleeping on something that conforms to your individual shape. wow! that feels really good. it's hugging my body. in less than a minute i can get more support. if you change your mind once you get home you can adjust it. so whatever you feel like, the sleep number bed's going to provide it for you. at our semi-annual sleep sale, save $400 to $700 on

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i'm harris faulkner. now back to "justice with judge jeanine." >> a young man dead, a community on edge. what really happened in sanford, florida, the night 17-year-old trayvon martin was killed? shannon butler is a reporter for our fox affiliate, wofl. shannon, what's the latest down

there? >> the black panthers were in sanford today. last week they had put out a flyer that had george zimmerman's picture on it. it said, "wanted dead or alive." today they offered $10,000 on this man's head. in the meantime the parents say on tuesday they will testify in front of congress. as you know, the stand your ground law here in florida, now frankly across the nation, is coming into huge question now. unlikely that it will stand up in this case. there's been a lot of confusion over mr. george zimmerman was inside his car or on foot when he was pursuing trayvon martin. if you listen to that 9-1-1 call, it's very clear that he calls from inside his suv. he tells the dispatcher the nonemergency line that he sees this kid, he's in a hoody, he looks suspicious, even says i think he might be on drugs or something. then you hear that dinging, like when you open your car door. then you hear george zimmerman as he still talks to the 9-1-1 operator, that you can hear that

he's out of breath. so at some point he did get out of that car. now sanford police told us that what he told them is that he was attacked trying to get back into his suv, because at some point he was going to get back in his car and then meet with police. now, the family really believes after all of this now, that they may in fact get justice, that george zimmerman may in fact be arrested. i got to imagine at some point charges will be filed. i got to imagine they will be for manslaughter, if not days, just weeks away. >> jeanine: if indeed charges are filed within days, or aussieas yousay, a few weeks fr, clearly the sanford police department under attack since this thing started will have explaining to do. as you know, the chief this week temporarily stepped down. whatever temporarily means. let's talk about this $10,000 reward on george zimmerman, the shooter's head. do we know where zimmerman is

now? >> his attorney told me last night -- i guess we can't say attorney. it's his legal counsel at this point. he told us he was still in central florida, but definitely in hiding. at this point he cannot show his face in that town. a lot of people have a lot of questions for mr. zimmerman. >> jeanine: shannon, you were on this case within 24 hours. i understand you spoke to an eyewitness. what did this person tell you? >> the guy's name was john. when we interviewed him the night after, he said that he heard the screams, that he was in his condo, that he looked outside, and trayvon and george zimmerman were actually fighting, that george zimmerman was the one that said, help me, help me, help me. he said he walked inside. he locked the door, went upstairs, and that's when he called 9-1-1. he told them to knock it off, that he was going to call the police. he said by the time he got upstairs the gunshot had gone off. when he looked down, he said he saw george zimmerman then kind of on top of trayvon's body.

he said before he said it was trayvon that was actually on top beating up george zimmerman at that time. that's what he claims he saw. >> jeanine: but we don't know whether or not this witness, you know, at this stage, if there was a tussle -- clearly there was a tussle, i think everybody agrees with that -- at what stage this so-called witness saw them. i mean, was that the first part? he didn't see the actual shooting. is that correct? >> right. he didn't say he did. there's about a five-minute window. trayvon was apparently on the phone with his girlfriend, and said to her that there was someone following me. >> jeanine: right. >> at 7:12 that night, the phone went dead. at 7:17 is when sanford police arrived on scene. so there's that five-minute window that i think a prosecutor or if the grand jury takes a look at it, that's the five minutes that's still in question. that's the five minutes everybody wants to know what happened. >> jeanine: shannon, thank you

very much. patty mahaney is one of the city commissioners called on to vote confidence or no confidence in the police department of sanford. patty, thank you for being with us. you say that the attack on the police department is unfair. why is that? >> well, i say that the attack on the police department at this point is unfair, because none of us have -- none of us, other than the police department, the state attorney, the new special prosecutor, have all of the information. the rest of us don't have access to enough information to pass judgment at this time on our police department or on its investigation. >> jeanine: and, you know, when you say that there is no not enough information out there, i mean obviously we don't have all the information that the police do, but when you were called on to make a vote as to whether or not you supported the police and the police chief, you voted yes.

so you were satisfied that they were doing a good job on this investigation. why was that? >> well, that's not really what my vote was. what i said that evening, the commissioners called for a vote of no confidence. and i and one other commissioner said then -- and i still believe -- without all of the information on this investigation, how can we in fact say we have no confidence in our police department? i have been a city commissioner now for about two years. this incident actually happened in my district. and i just want to tell you that i can't in good conscience to vote to say i have no confidence in a man when i don't have the investigation in front of me and all the facts. >> jeanine: okay. so when you made that decision you didn't have all the facts,

but you've been quoted as saying some of the facts in this case has been misstated. can you give us an idea as to what, patty? >> yes, ma'am, i can do that. one of the commissioners kept saying that our police department had not taken mr. zimmerman's clothes or mr. zimmerman's gun. and when i heard that, i had not heard that before, i found that to be quite shocking. on the way out the door, i stopped and said to the lead investigator, really, are you kidding me, his clothes weren't even taken? that investigator said, commissioner, of course they were. of course we took his clothes. of course we have his gun. and i think our police -- i'm sorry, ma'am. >> jeanine: no, go ahead, but just so you know the police department has been reported as saying that they shared no information with the city commissioners. are you aware of that? >> well, they haven't, except for that one time when i walked out the door and i said, wow, his gun wasn't taken, his

clothes weren't taken, and they said absolutely not, that's not true. and other than that, they've shared no information at all. when i heard that statement, i thought, wow, you know, that's pretty egregious, and asked that that be clarified. in fact, they did take his gun, they do have his clothes. >> jeanine: all right. let's hope this case is resolved sooner than later given the tension and anxiety out there. patty mahany, thank you for joining us this evening. >> thank you, ma'am. >> jeanine: was this shooting a hate crime, negligent murder, negligent manslaughter or justifiable homicide? stay with us. today, we stand against the tyraeager travelards. battle speech right? may i? capital one is issuing a venture double miles challenge.

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you get hives, vision changes or eye pain, or problems passing ure. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? ask your doctor if spiriva can help. >> jeanine: does george zimmerman have a defense in the shooting of trayvon martin? under florida's stand your ground law. eric schwartz is a defense attorney, joey jackson former prosecutor. good evening, gentlemen. let's hit it. >> good evening. >> does stand your ground provide a defense to the shooter in this case? i'll go to you, eric. >> stand your ground is a great law. it doesn't give someone a license to hunt someone in a hoody, to follow someone, to

chase someone. it allows someone to stand their ground, takes the castle doctrine, takes it outside, and if he was attacked, believes he was going to get self-bodily harm or killed, he could assert that defense. emphasis on the word "justified." >> jeanine: when the 9-1-1 call says, we had some break-ins in our neighborhood, there's a real suspicious guy, this guy looks like he's up to no good, he's on drugs or something, something's wrong with him, i mean, what does that tell you right off the bat? >> i don't know what motivations george zimmerman had. if you look at his history, he had 46 calls in the past. he never pulled out a gun before. the danger to assert stand your ground doesn't have to be actual or real. if he felt that this man was threatening him, or if he felt that he was reaching for his waistband, that he was going to attack him, perhaps he could be justified in using this law.

whether or not it applies in this case, i don't know. that's the million dollar question. >> jeanine: you know what's interesting, guys, i spoke to george zimmerman's attorney just a couple hours ago. although it's been reported as staying stand your ground does not apply to his client, he says he's reversed, changed course, now saying stand your ground, subdivision 3 of the florida law applies. joey, what do you need to know in whether stand your ground applies in this case? >> the force used has to be proportionate to the threat posed. there's a basic misperception here that people belief stand your ground means you can kill someone at will. you cannot do that. furthermore, stand your ground does not apply to a situation where you're pursuing and chasing someone when you've been given the indication has this and you shouldn't do so. furthermore, your honor, one last point, the manual on neighborhood watch, specifically indicates two things. number one, you shouldn't be carrying a gun. number two, you shouldn't be pursuing anyone. that was violated. that was problematic. he needs to be pursued.

this needs to be investigated. >> jeanine: i don't think there's any question, other than neighborhood watch, which is something that's under the umbrella of the national sheriffs association, makes it clear you're there to observe and report. you're not there to prevent crime, you're not there to make an arrest, and you're not supposed to carry a gun. >> absolutely not. >> jeanine: by the way, for all the good the police are supposedly knowing did not know there was an official neighborhood watch, that this guy is a self-appointed guy. that's me just jumping in. back to you, eric. the issue is whether or not it was in his -- or not whether advise was in his vehicle. if he was in it, why did he get out with his gun? some people say he was out of the vehicle when they had this fight. if the girlfriend of trayvon martin says the guy comes up to him and trayvon says, why are you following me, and the guy says what are you doing here? what does that tell you, that little information? >> it's a big problem, big

problem for george zimmerman. the old adage, there's three sides to every story. yours, his and the truth. what we have here is a sad, it's tragic, but unfortunately one person, one young man lost his life. the other, from the beginning, was claiming self-defense. there's all stories, all reports coming out, all witnesses conflicting statements, reasonable doubt in a criminal case, conflict, evidence, lack of it. i mean the reasonable doubt can help him, but, you know, what's going to happen here, was this self-defense, was this vigilantism, did he chase -- >> jeanine: that's what we're trying to figure out. here's the problem. why is it taking the police so long to come to a conclusion here? somebody is claiming self-defense. the other guy is dead. figure it out. joey, what does this tell you? i have a police here that says description, homicide, negligent manslaughter, unnecessary killing to prevent an unlawful act. this is the first police officer on the scene. >> absolutely does. here's the point. the police should have done a number of things here. i don't know whether or not they tested him for drugs, for

alcohol, that's mr. zimmerman, i mean. furthermore, evaluating the situation as a whole you don't come out having a press conference saying there's no indication that we have information contrary to what this person told you. when do you take a defendant's word for what happened? he's not even a defendant. if my client's words were taken, i'd have no cases. are you kidding me? >> jeanine: as of monday march 12th, it said investigators are finalizing details to hand over to the state's district attorney. if it was wrapped up on march 12th, what are you still investigating? you made a decision that it was self-judgment. self-defense. i think that was a rush to judgment. thanks for being here. fast and furious, agents had a gun runner in their custody. guess what. they let him go. we know a place where tossing and turning

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>> jeanine: now it's time for the fun part of our show. republican strategist and democrat strategist join us for this week for what happened in the political world. i call it's a reality show. the president fast breaking the bottom half of the keystone pipeline, which i think is ridiculous, because if they're getting the oil fan from canada to the middle of the country then to the gulf, and we're starting at the middle of the country to the gulf, how the hell do we get the oil from canada to where we're starting? noelle? >> it's simple, too little too late. he's all about being politically correct. if this was such a great project in his mind he would have passed the original keystone pipeline

project. >> jeanine: why didn't he? isn't this about the fact the president got so much blowback? >> he wasn't against the keystone pipeline. he was asked by the governor of alaska to reexamine the site because there was potential for -- >> you're wrong. the reason you're wrong is because he said he wasn't going to do it because he pandered to the environmentalists. >> you know who hates this project more than any environmentalist? harold hamm, the man who advises romney. >> jeanine: stop fighting. here's the bottom line. 20,000 people would have been working. he got blowback from the insurance and the catholic church. the guy is -- he's changing course many other etch-a-sketch i've heard of. >> noelle should call the governor of ne

fish out to get the big fish. >> jeanine: are you kidding? >> it was a bad program, but not a program unique to this administration. >> jeanine: yes, it was, because they didn't track the guns. >> it's going to hurt his re-election. number two, he's stand buying eric holder. he doesn't want him to resign. number one, eric holder is close to the president. >> absolutely. >> they're comrades. he was part of the vice president's celtics committee. >> this is an attempt by darrell issa and other republicans in congress to distract eric holder from the real problem in this country, people being denied the franchise to vote in america. this is a way to keep him out of the news. >> eric holder is a joke. >> he's been a fine attorney general. >> jeanine: do you defend fast and furious? >>