it's sunday, february 14. i'm sandra smith in for anna kooiman this morning. this is a fox news alert. the leading conservative voice on the highest court, silenced. justice antonin scalia, dead at 79, setting up a showdown over who selects his successor. this morning tributes from those who knew him personally and what happens next. >> and then justice scalia's death looming over the presidential debate last night. >> the next president needs to appoint someone with a proven conservative record. similar to justice scalia. >> we ought to let the next president of the united states decide who going to run that supreme court. >> we are not doing to give up the u.s. supreme court for a

generation by allowing barack obama to make one more liberal appointee. >> the stakes are clearly enormous. the presidential campaign has changed in light of them. we'll bring you the very latest. after the talk of scalia's successor, fireworks between jeb bush and donald trump over a past president. >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. >> the world trade center came down during his reign. >> oh, man, we have the complete highlights from last night's debate. "fox & friends" begins right now. well, let's get right to it this morning. america remembering a supreme court crusader. the iconic justice antonin scalia guyed -- died in his

sleep. his seth sets up a rare opportunity for president obama to appoint a nominee. perhaps a recess nominee to the court. >> garrett tenney has more in d.c. with how washington is reacting. >> reporter: good morning. members of both parties are mourning the loss of justice antonio scalia and whether they agreed with him or not, he was beloved by all. he was such a character out there in the open. that really everyone said they were just drawn to his magnetic personality. former president george w. bush said laura and i mourn the death of a brilliant jurist and american important, supreme court justice antonin scalia. he was an important judge on our nation's highest court. he brought intellect, good judgment, and wit to the bench. he will be missed by his colleagues and our country. and while many are mourning his passing both sides are looking at the vacancy on what this means on the high court. it comes at a time when the

supreme court is weighing a host of extremely important issues. such as the legality of president's executive actions on immigration and union dues. and the opening on the high court could have a significant impact on the cases as well as on decisions in the many years to come and a battle is now brewing in the senate over what the nomination -- over the nomination of what's sure to be a more liberal judge by president obama. last night senate majority leader mitchell mcconnell said that he would not confirm any supreme court nominee by obama saying this in a statement, the american people should have a voice in the selection of their next supreme court justice. therefore, this vacancy should not be filled until we have a new president. not surprisingly his counterpart, senate minority leader harry reid said the complete opposite, saying in a statement, the president can and should send a senate a nominee

right away with so many important issues pending before the supreme court, the senate has a responsibility to fill vacancies as soon as possible. last night, the president said he has every intention to move forward with nominating a new justice. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. these are responsibilities that i take seriously as should everyone. they're bigger than any one party. >> here's many of the court's key decisions that have broken on a 5-4 vote, meaning the new nomination could have potentially historic implications, both on the court and for president obama's legacy. >> thanks, garrett. i appreciate it. well, the next guest, ed whalen, was one of his scalia's law clerks. good morning. will there be another one like scalia, he articulated his views

as famously as he did? >> well, he was a brilliant j h jurist, and he was larger than life and grateful for his service to the country. he helped lead a revolution in the rethinking in how one approaches the constitution. there are lots of people who have been shaped by his thinking so i hope there will be a supreme court that reflects his thinking. >> let's talk about this thinking for a little bit which is his originalism belief. that the constitution wasn't a living, breathing document. what it said it said, what it didn't say it didn't say. talk about this. >> right. the basic divide is between originalism and so-called living constitutional. constitutionalists believe it's a zombie constitution in which they can infuse their own views that have nothing to do with what was meant by the constitution when it was adopted.

what scalia said, no, it bears the meaning it had when its particular clauses were adopted. you look at that meaning and beyond that, matters are left up to the political process, basically to decide. so scalia did not impose his supposed views of abortion and the death penalty. he said that the constitution leaves that to the political processes or the decided one way or the other. and it's a living constitutionalism who entrench their own views on the constitution on a whole host of issues and justice scalia opposed that. >> all right. ed, as we already know, the talk has moved forward to who will replace him. and that was a big topic of last night's debate. ed whelen, thank you. right off the top, i thought cbs did a nice moment there with the tribute to him, a moment of silence. then of course this was the first topic that the candidates

had to handle last night. listen. >> i think that we ought to let the next president of the united states decide who is going to run that supreme court with the vote by the people of the united states of america. >> the next president needs to appoint someone that believes in limited government. >> the senate needs to stand strong and say we're not going to give up the u.s. supreme court for a generation by allowing barack obama to make one more liberal appoint tee.. >> someone on this stage will get to choose the balance of the supreme court. and it will begin by filling this vacancy there. >> i think it's up to mitch mcconnell to stop it, it's called delay delay delay. >> that sums up the views of the candidates this is in the court of the united states senate. of course mitch mcconnell is the leader of the senate and will they approve a nominee to the supreme court or will they delay until the next president?

there's not much precedence for this. i think there's been one in american history. supreme court justices approved. >> during the election year, yeah. i don't know about the eighth year, but we saw there that little back and forth between john dickerson and trump saying -- >> there was a big debate over one being confirmed in an election year and 8 -- in 80 years versus appointed. >> these guys are of one mind, this is not going to happen. i hope we can get a clear answer on this, does the president have the right to fill that slot with a recess appointment, that is to go around the senate while it's on recess? this is a tradition that dates back hundreds of years when getting to washington was difficult, there would be long periods when congress not in session and when the president needed to act, can he use that to fill this seat? >> the president says he plans to and in due time. >> a whole year until the end of his at presidency. meanwhile, all focus last night on donald trump and jeb

bush and the showdown. they're relitigating the iraq war when all of this happened. watch. >> george bush made a mistake. he can make mistakes but that one was a beauty. we should have never been in iraq. we have destabilized the middle east. >> so you still think he should be impeached? >> it's my turn. >> you call it whatever you want. i want to tell you, they lied. i that said there were -- they said there were weapons of mass destruction and they knew there were none. there were no weapons of mass destruction. >> i'm sick and tired of barack obama blaming my brother for all of the problems that he's had. and frankly, i could -- i could care less about the insults that donald trump gives to me. it's blood sport for him, he enjoys it, i'm glad he's happy about it. >> you have 22 million -- >> i'm sick and tired of him going after i my family. >> on behalf of me and my family

i thank god it was george w. bush in the white house on 9/11 and not al gore. no matter what you want to say about weapons of mass destruction, saddam hussein was in open violation of the u.n. violations and george bush enforced what the international community refused to do again. he kept us safe. i'm forever grateful to what he did. the world trade center came down because bill clinton didn't kill saddam hussein when he had a chance to kill him. >> you're watching the -- the iraq invasion was 2003 in the spring. this is a debate that republicans haven't had since. was this a wise idea? you saw the lines drawn here. donald trump said no, it wasn't wise. i think he speaks for the majority of americans and marco rubio said, no, he defended the iraq war invasion. >> marco rubio did a better job of defending george w. bush than jeb bush did. >> the sparks were flying last night. and as we presented a lot of

examples there, it wasn't long after a lot of that that the moderator losing control, it was dickerson, rubio, bush, watch. >> you know that -- >> hold on, gentlemen. i'm going to turn this car around. >> senator marco rubio. please. please weigh in. >> on anything i want? >> oh, i thought -- go ahead. >> let's talk about poverty. >> i thought you had a point you wanted to make. >> that was me. >> that's something that -- >> i think that was me that was -- >> you're on the on-deck circle. >> governor kasich, will you -- please weigh in. >> i have to tell you, this is just crazy. huh? this is just nuts, okay? geez oh, man. i'm sorry, john. >> why is it nuts? talk about it. >> every time kasich is like i'm the reasonable one here, i'm sorry. it's embarrassing. all the republicans yelling at each other. i'm glad of this. >> yeah. >> this is really clear. there are somecans who think the bush presidency was a

success. the romney campaign did the right thing, and others say no, take it in a new direction. i think in the long run it's healthy to have a real debate over the direction of the future of the republican party. why are you apologizing to the moderator? >> we talk about these as debates and the debate gets shut down. there's actually back and forth on the stage, you know, and john, i think did a good job of having to deal with all of these different opinions. it's much better having six people on the stage than 24 people on the stage. you can actually hear the differences of opinion come out? >> yeah. they're having a real debate over issues that matter. i know lots of people hate this, why are they arguing with each other, it will help in the long run to clarify what the party stands for. >> that's a big question. i saw bret baier after the debate last night. that was a big question he was asking of the candidates who many thought they had a great night. donald trump thought it was his best debate yet.

he was very happy with his performance and jeb was happy with his performance. but is that tone, is that arguing a good or a bad thing for the party? and the way it looks. you think it's a good thing. >> it's a good thing to clarify, that do you stand for, tell me and they did. >> "the washington post" said it was a terrible debate, eating themselves alive. let us know your thoughts. we have much more coverage of this. and including president obama plans to nominate a new justice soon. how can the court perform with eight justice? a constitutional scholar with an inside look at the supreme court is up next. i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection.

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to fulfill its responsibility to give that person a fair hearing and a timely vote. >> so what are the president's powers here? can he put someone on the supreme court against the will of the senate? constitutional scholar david ripken joins us with an answer. good to see you this morning. >> good to see you. >> that recess appointment is open to the president. congress is out, he can do that. what would that mean and how long would that person serve on the court? >> he'd serve until the end of his congress, a very short time. i don't think that option really is open to the president. the supreme court has held fairly recently in the case dealing with the definition of recess appointment that it is up to the senate to determine that it is in recess. the senate will return fairly soon. i cannot imagine that president obama would actually put somebody in the court right now. >> okay. so it looks like then the senate

really is in control. if mitch mcconnell doesn't want this process to go forward, then we'll have eight members of the supreme court until after the next presidential election. is that correct? >> that's correct. it's not to do with the question of changing the balance of the court. the last time the justice was confirmed in an election year was in 1940. we have tremendous polarization in this country. we have a situation where american people have lost faith in most institutions of our government. to try to have a supreme court nomination and confirmation of a justice -- nomination, confirmation would politicize that process and gravely injure the reputation of the supreme court which is the last thing we need. >> so there are a number of cases on the docket before the court. that pertain to organized labor, health care, separation of church and state. how will scalia's absence affect those do you think? >> well, most of those cases

would have been decided 5-4, tucker. they would be decided 4-4 which means which ever is the decision of the circuit court from where the case came, they would stand in the situation. for example, involving fredericks which is the labor case. the decision of the ninth circuit would remain unchanged in the case of fisher the affirmative action case. and the fifth circuit would remain unchanged, et cetera. it's not an ideal situation but the supreme court can function with eight members. it's certainly preferable to having a bruising confirmation battle that would damage the court's reputation. >> what is justice scalia's legacy, what do you think? >> as my predecessor would mention he's the leading originalist. he's the man who never allowed his personal views be translated in my of his decisions. a brilliant jurist. one of the most consequential

supreme court justices in history and tucker, he'll be known just as much for his dissents and majority opinions. it's a very tragic loss for all of us who knew him as well as for the country as a whole. >> and a decent man, father of nine. thank you for that. i appreciate it. >> good to be with you. when we come back, the political panel on the best and worst moments from last night's some say out of control fiery presidential debate. your buddy ron is always full of advice. usually bad. so when ron said you'd never afford a john deere tractor, you knew better. the e series. legendary quality. unexpected low price.

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the suspected bomber was the only person killed after being sucked right out of the airplane. it landed safely. the bomber apparently used a wheelchair to get past security. and a brand-new batch of hillary clinton emails just released by the state department. 81 of which are marked classified. clinton asks one of her counselors how to keep her husband bill in check who seemed to be threatening president obama's re-election in 2012. sandra? >> thanks. well, the death of supreme court justice antonin scalia raised questions during the night's gop debate about the kind of nominee the candidates might choose for his open seat. >> the reason principle matters sadly, the next president going to appoint one, two, three, four supreme court justices. if donald trump is president he'll nominate liberals. your second amendment -- >> hold on. >> you know how i know that? >> hold on, gentlemen, i'm going

to turn this car around. >> john roberts, ted cruz with your brother, wanted john roberts to be on the supreme court. he twice approved obamacare. >> wow. here to react our political panel, angela mcgowin, and we have the founder of the bold global media and jessica harlof is a political consultant. jessica, i'll start with you first. what impact does the passing of justice scalia had on the debate last night? >> it was obviously a sad event, you know, thoughts and prayers with his family. i thought it would be more -- they seemed to move past it fairly quickly. after the first question but i thought donald trump had the best answer out of everyone. president obama is going to try to get an appointee thousand and that the republican stream has to be delay delay delay. as you were talking about earlier, it happened 80 years

earlier that it took 15 months to appoint someone. but the democrats are going to go hard on republicans in saying you guys are obstructionists at every turn. we need someone on the supreme court. huge issues coming up. i think it's going to get nasty. >> as mitch mcconnell said, the american people should have a say in this. when you have justice scalia, he has been on since 1986. the american people should have some input. i would have liked to see more conversation about justice scalia and questioning donald trump because he insultded scalia while he was alive. >> his challenge on affirmative action. >> right. trump said i want to nominate someone like my sister who is a very liberal pro-abortion person. >> we lost one of the most conservative intellectuals on the bench. he was considerate, he stood his ground but friendly with everyone. and the people -- the candidates who answered it properly was

rubio and kasich. what cruz and trump did i thought was awful. >> some of the criticism immediately following the debate was that this was politicized so fast. but i want to get to some of the biggest surprises, some of the biggest disappointments of the night. because you three are not shy on your opinions on this matter. terry, start with you first. what was the biggest surprise for you? >> i was very surprised at jeb bush. he was very high energy. he was going after trump a lot. he was talking about -- i thought i was disappointed. he should have pushed back on the question about iraq because it was barack obama who caused isis to come about. our troops, our american troops with our surge, we stabilized iraq. then -- >> is that -- >> i thought he had shone -- >> does it change anything for him? >> i don't know. he has a lot of money. >> yeah. i think rubio brought his a-game. i think he totally redeemed himself from the little flub with christie. you know n the last debate before this one. also, jeb bush he came to play.

>> right. >> those two impressed me the most. >> all right. >> kasich, jeb bush and rubio. >> kasich was the voice of reason. >> if i was in charge we'd all be best friends. >> what was your best moment? >> i think it's interesting that we found the threshold for where donald trump can offend and it's when he goes after george bush. i know the crowd was largely establishment, state party picked who would be there. that back and forth -- >> that's awful. you can't judge everyone in the audience. you're taking a page office donald trump's playbook -- >> i have never seen his playbook and i never intend to. >> you just did. >> why? >> rubio defended george w. bush. rubio defended ronald reagan and he was the one that stood there -- >> but i -- >> but establishment. >> we have to move on.

>> -- who chose who would be in the audience. >> thank you so much. we have to move on. >> donald trump effect. >> thanks to all three of you for being here. coming up, he said being friends with justice scalia is one of the great privileges of his life. our own judge andrew napolitano remembers his friend next. this is how lenders saw me. in my 20s, i was super irresponsible with credit cards. it was time for experian. they gave me tools so i could finally get serious about my credit. now lenders see me for who i really am... go to experian.com and start your credit tracker trial membership today.

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constitution, this has been the chief justice berger. i can think of no two better public servants than chief justice rehnquist and justin scalia. you have our heart felt wishes. >> president ronald reagan announcing the appointment of antonin scalia to our highest court in the nation back in 1986. >> morning remembering the man -- this morning remembering the man and legacy of the man who knew him best, judge andrew napolitano joins us by phone. great to talk to you this morning. tell us about justice scalia. what was he like? >> well, good morning, guys, thanks for having me on, even though it's a sad and a shocking time. it hasn't sunk in. it's one of the great privileges of my life to get to be so close to a historic and pivotal figure. so he was the same -- like a lot of great men, he was the same way in person and in private as

he was on the bench and behind a lecture podium. he was loud, gregarious, funny. bombastic. he even had a practical jokester side to him. he was the life of the party. he was a great inquiz iter, what do you mean, explain it to me. i said this last night and tucker, you know this, that aspect of him drew a lot of people to him that didn't always agree with him. >> exactly. >> not the least of whom was his ideological opposite on the court, ruth bader ginsburg who was probably his best friend on the court. >> judge, his legacy, do you think we'll see another justice like scalia or is this part of a bygone era? >> wow, that is a question that i hadn't really thought about. you know, people come in all sizes, shapes and temperaments.

justice sonia sotomayor who is almost an ideological opposite and is 30, 35 years younger than he has a very, very similar personality. but in terms of always being the first justice to ask a question, in terms of questioning the side that he was going to lose -- that he thought he was going to vote against, in an effort to bring out their weak points, so as to demonstrate to his fellow justices on the bench in trying to change their minds, nobody really comes to mind in -- on the present court who has perfected that art as he did. >> i'll remind everybody, this is a man that you had the unique opportunity of being so close to. you're his friend. we have actually a picture i believe of the two of you together. there you are. judge, could you elaborate a

little bit on his biggest accomplishment in his 30 years on the supreme court? >> yes. without getting too much into the weeds, justice scalia was the intellectual creator and leader of a movement called originalism. basically originalism stands for the proposition that the constitution as a supreme law of the land means the same thing today as it did when it was ratified in 1789. and that if the people want to change it by a constitutional amendment, they can. but they can't expect nine unelected justices to change the meaning of the document because it's a contract between past generations and the present generations. so you start by looking at the text, the words mean what they say. if the words are ambiguous, then you look at how the people who wrote the constitution, particularly james madison, understood those words to mean. now, sandra, that is not a popular way to interpret the

constitution today. but he steadfastly stood to that. he began to draw more and more judges and justices on the court to it. he began to draw more academics to it and it is now a large and respectable body of legal thinking. still a minority view. but a respectable body of legal thinking that respects the congress and says, you guys changed the laws. you guys changed the public policy, not nine unelected justices. >> he was so smart and so witty and so eloquent, even liberals in washington admired him. i think some of them did. judge, great to hear your voice this morning. thanks for doing all. >> all the best. >> thanks. a fox news alert, a mississippi police officer has been shot in the head overnight as he chased down a pair of armed robbery suspects. he was investigating a convenience store robbery when the masked suspects took off running. he chased them for five blocks before he was shot right in

front of the police department. he was airlifted to the hospital. no word yet on his condition. the suspects still on the run this morning. a u.s. pilot is saved from ejection into isis-controlled territory, thanks to his quick thinking crew. they were passing over isis held land in the middle east when the pilot discovered the fuel line was malfunctioning. leaving him with only 15 minutes left in the air. ejecting would have risked capture or death. luckily, a nearby refuelling plane immediately changed course accompanying the f-16 jet back to base. a bizarre attack on the golden gate bridge. police say two people were hit in the legs by blow darts as they walked. both were hit in the leg. both darts were made out of metal and were about five inches long. they are being tested for any potential chemicals. the california highway patrol is now investigating and looking for surveillance video of those attacks. and incredible images as a 65-year-old good samaritan puts his life in danger to save

another. the man heard terrifying screams and saw flames coming from a crashed car during his morning commute. the man sprinted into action dragging the driver out. seconds before the car burst into this explosive fireball. the driver was severely hurt, but will be okay. and those are your headlines on this sunday morning. extremely cold sunday morning. >> dangerous deep freeze wreaking havoc on the north east with temperatures in the single digits. >> and there was a pileup on the interstate in pennsylvania. at least three people were killed, more than 70 people injured. >> and rick has been following us. >> i'll tell you the images of the car crash are scary. you hit a cold weather like this on that -- on those roads, very, very cold. very -- it freezes a lot. doesn't get any of the melting and the roads are really dangerous out there. a chilly morning you can see

with the color here where the cold air is. but it is settled in across the northeast right now as we expect it and it's 1 degree right here in new york. breaking records. it's the coldest air mass that we have seen maybe in at least about 15 years across much of the northeast. we have had a lot of cold weather in the last two years but this is kind of the coldest that we have seen. that's why this is so dangerous. it's also really windy out there. feels like minus 33 in boston right now. feels like minus 23 in buffalo and 1 degree in d.c. this is the colder air, still certainly cold across the upper midwest, but not as cold as it is now. settled in the parts of the northeast. look at what happens. we're starting off very cold, the wind will subside throughout the day today. air temperatures are very, very cold. by the time we get to tomorrow morning it will feel balmy. 16 in new york. minus 6 in boston. there's a little system moving in, we have to watch this tomorrow we'll watch for some snow across the tennessee valley. and the potential ice storm, guys, across parts of the

carolinas. >> thanks, rick. >> definitely not one of the mornings you forgot to put on the hat and gloves. >> you'll be reminded. there was a big debate last night. marco rubio came under fire for repeating lines in the last debate. >> let's dispel once and for all with the fiction that president obama doesn't know what he's doing. he knows exactly what he's doing. >> did he redeem himself last night? we have a debate coach who will pass out grades, next. at ally bank, no branches equals great rates. it's a fact. kind of like social media equals anti-social. hey guys, i want you to meet my fiancée, denise. hey. good to meet you dennis.

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good morning, everyone. some quick tech headlines. a new campaign called flash drives for freedom. promising to enlighten the north korean people on western culture by smuggling u.s. memory sticks into the secluded country. they're preloaded with movies and tv shows from the u.s.

organizers hope this will help north koreans see what the world beyond their borders really look like. apple is on tap to release the newest iphones and ipads next month. tech blogs say a brand-new four inch iphone and ipad will make their debut on march 15th. those devices may be for sale in the same week we're told. and i think that's it for your headlines this morning. >> with this fiction that barack obama doesn't know what he's doing. he knows exactly what's doing. this notion that barack obama doesn't know what he's doing -- >> there it is. >> let's dispel with this fiction that obama doesn't know what he's doing. he wants the country to be like the rest of the world. >> marco rubio under fire for his poor debate performance. he even took the blame for it if you'll remember up in new hampshire. but he vowed to bounce back

before taking the stage last night. how did he do? let's ask former gop debate coach brett o'donnell. nice to see you this morning. it seemed like with "the washington post" and other places, looks like rubio bounced back. what do you think? >> i thought he had an excellent night last night. marco was on message again. he was back to the person that we had seen in the debates prior to last weekend's debate. and particularly in the exchanges with ted cruz, he was particularly effective. in the back and forth over immigration i thought that marco rubio got the better of cruz. especially in calling him out for basically lying and saying anything to get elected. that's a devastating attack on cruz. >> let's listen to him taking on ted cruz on immigration. >> marco went on univision in spanish and said he would not rescind president obama's illegal executive amnesty on his first day of office.

i have promised to rescind every executive action including that one. >> first of all, i don't know how he says what i said on univision, he doesn't speak spanish. second of all -- [ speaking in spanish ] >> oh, that was one of those moments. >> yeah. >> a lot of people jumping all over twitter, was that spanglish that he was speaking? >> yeah, exactly. i mean, i thought marco handled that exchange very well and in the face of a debate that was more like wrestlemania than a political debate, marco was very poised. kept his cool. and i thought came off very well last night. >> he seemed like the establishment candidate. he was defending george w. bush, it seems better than jeb was defending george w. bush. here is another moment he blamed bill clinton, coming to the defense of george w. bush. watch this moment. >> the world trade center came down during the reign of -- he

kept us safe. that is not safe, that's not safe, marco. that's not safe. >> the world trade center came down because bill clinton didn't kill saddam hussein when he had the chance to kill him. >> and george bush -- >> rubio seemed strong there. where jeb bush kept bringing up his mom and bringing up his dad. he seemed to do a better job at defending him, no? >> yeah, in fact, i thought it ma night to step in and defend george w. bush. in the face of the attacks that have gone back and forth between jeb and marco, marco even at that point came to his defense. that's one of those strategies in a political debate that's particularly effective when you can co-op the entire stage. you know, and defend others on the stage and agree with them. so i thought marco showed strength last night in that moment. >> overall, as this is your area of expertise as a debate coach, marco rubio, what grade did you give him last night?

>> i would have given an "a" to a-minus. i didn't think it was perfect. there were places that he sunk into the wrestlemania format, but overall i thought he had an excellent night. i would have given him an "a." >> donald trump dealing with boos in the crowd as he said the donor class and the lobbyists in the room. how did trump fare last night? >> i thought he looked angrier and meaner than he had in the debates. i would have given him a "c." i don't think he was as effective as he has been. maybe going after george w. bush on lying about weapons of mass destruction and blaming him for 9/11 might cross the line. >> ted cruz, how did he pull off? >> i thought he was around a b-minus. you know, ted cruz seems to think everything is about being a college debater rather than a political debate. and instead of really staying on message, he tends to want to get in the weeds and defend every single point. it makes him defensive at times.

>> jeb bush and kasich you gave the same grade, a b-minus. why? >> i mean, i thought -- john kasich had the line of the night. in the midst of all the fighting, kasich said hey, we're helping hillary become president here. which i thought seemed being the adult in the room. other than that, he didn't have standout moments and i thought jeb had one of the best debates of all the political debates. but he still didn't shine through like marco rubio did. >> ben carson, you gave an incomplete. every time he was called on, he was surprised. >> he never really completely shows up. if you don't finish your thoughts it's an incomplete grade. thoughts and have complete thoughts, it's an incomplete grade. >> thanks for getting up early with your report card. >> you're welcome. coming up, justice scalia. once said the constitution can favor religion over non-religion. what does his death mean for religion liberty cases headed to

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one can be sophisticated and believe in god. heck, a first smufr at least as easy to believe in as a big bang. one can even be sophisticated and believe in a personal god. a benevolent being who loves mankind. one can even be sophisticated and believe in jesus christ. >> justice scalia was never shy about his faith. last month he told a crowd celebrating religious freedom. >> "one of the reasons god has been good to us is that we have done him honor. to be sure, you can't favor one denomination over another.

but we can't favor religion over non-religion." >> he died yesterday, unfortunately, in texas. there are a lot of religious liberty cases headed to the supreme court. where do they stand? joining us, religion contributor, father jonathan morris, who knew nino scalia. >> not very well, but i sat next ti to him, having conversations. here i thought, here i am a nobody having a conversation with him -- this was the last time i was with him. he grilled me to try to understand something that i was about to say that he wasn't sure of. he kept going after it, after it, because he was intellectually curious. because he pursued truth like a rabid dog going after wanting to find out exactly why you believed what you believed. he actually wanted to know maybe if you were right. and i love that about him. and one of the things i think -- one of his great legacies in pursuit of the truth was the quote that you read, sandra, i

think there might have been a type-o. it also said he believed that we could actually favor religion over non-religion, not the opposite. >> what will this mean for some of the religion cases coming before the supreme court? >> he believed that if you took the name and voice of god out of the public square, that you would take it out of our minds. if you take it out of our minds, you take it out of our heart. you take god out of our heart, you take america out of this great nation because our nation was founded on the principles of god. >> what will his biggest legacy be? >> i think the defense of the first amendment and religious liberty. he believed so deeply that there was nothing wrong and there's something good about, for example, having ten commandments in a courthouse. that is the truth that our law was based on the ten commandments. and he was unafraid to say it. he did not care about what other people said, but he said in a

beautiful, beautiful way. i think that's his great elections see. >> auto -- great legacy. >> and the hurricane earl decision. >> absolutely. >> thanks. coming up, some looked at him as uncle arthur, memories coming up.

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made on behalf of those living with chronic pain and struggling with oic. good morning, everyone. it is sunday, february 14th, i'm sandra smith in for anna kooiman this morning. this is a fox news alert. the leading conservative voice on the nation's highest court silenced. justice antonin scalia dead at 79. this morning, tributes from those who knew him personally. and up next, remembering the man called an uncle. and just scalia's death has set up a showdown over who gets to pick his successor. >> the next president needs to appoint someone with a proven conservative record, similar to justice scalia. >> we ought to let the next president of the united states decide who is going run that supreme court. >> we're not going to give up the u.s. supreme court for a

generation by allowing barack obama to make one more liberal appointee. >> president obama says he gets to pick right now, but congress is saying no dice. we'll tell you how this is affecting the presidential campaign. after the death of scalia, the gop candidates brawled to boos and cheers in an often fiery debate. >> the biggest liar. you probably are worse than jeb bush. you are the single biggest liar. don't lie! why do you supply. >> donald learned -- >> you pushed him. >> adults learn not to interrupt each other. >> i know. you're -- >> wow. >> was this the best debate yet? >> complete flighhighlights frot night. "fox & friends" begins right now. we begin with a fox news alert this morning. america is remembering a supreme court leader. the iconic justice, antonin scalia, died yesterday in texas

while quail hunting at the age of 79. he had spent more than 30 years on the supreme court, advocating tirelessly, sometimes unpopularly, yet steadfastly for the constitution. >> his death sending shock waves through washington, setting up a political showdown between president obama and senate republicans. the president can appoint a new justice before the end of his term. while republicans already promising to block that appoint and leave it to the next president. >> scalia's passing comes at a time when the supreme court is weighing several important issues such as the legality of the president's executive actions on immigration, abortion restrictions, and public union dues. let's bring in our next guest. >> next guest looked up to justice one like an uncle. he's devastated by his passing. joining us on the phone to help remember his legacy, our fox news analyst, arthur idala. welcome. >> caller: thank you. i usually come on the weekend

and we have fun and get to yuck it up a bit. i definitely don't feel that way today. >> we're so sorry for your loss, arthur. how will you remember justice scalia? >> caller: well, people believe the word, but fun. every time we went out, we had fun. we ate a lot together. we drank a lot together. he was a fun guy. yes, we would talk about politics, and yes, he would talk about the law. but to be honest, there was usually a glass of wine involved. a cigar involved. definitely food involved. he's not what people would think of he's this conservative justice and against this, that, and the other thing. he wasn't like it. he didn't care his -- i don't know, his admission or policies on his sleeve. he carried his love of life on

his sleeve. his appreciation of his family coming over from sicily years ago. basically that poor immigrants and what he achieved. it was a good time. in a selfish way, i'm disappointed because on friday, two days ago, i confirmed that he and i and my dad were having lunch, just the three of us, next tuesday, in his favorite italian restaurant after oral argument at the supreme court. so many times i'd been there and watched the argument. then i would go immediately into his chambers. as soon as he heard my voice, he would scream from his desk, "arturo? arturo, come here, arturo." the fact i'm not going to hear him again it heartbreaking. i know it's not a tragedy, a 79-year-old man who lived a full

life, but i'm very sad. >> what was interesting about justice scalia, obviously the most famous conservative intellectual in the country. yet, very popular among liberals even in washington who grudgingly admit that he was wittier, more articulate than they were. he seemed almost drawn to people on the other side. was it to convince him? >> caller: no. it was his genuine love of people. it was neither of those. it was his genuine love of people. he genuinely loved -- ruth bader ginsburg, their friendship was deep and well known. they loved opera together. they spent new year's eve together many, many, many years in a row. they're family. that's just who he was. he love of william brennan. in terms of politics and judiciary, he could not be any

more different than bill brennan. he loved bill brennan. i believe when brennan retired, scalia was asked and given brennan's chambers. that's how much he inspired him. he was a really, really nice guy. and if this wasn't early on sunday morning, i could say he reminds my of roger ale. a positive man with all these people working for him. yet, when you are one on one with him, he's a wonderful, wonderful guy. very similar in many ways. y that reminded me of each other very much. >> very, very funny. what do you think legacy will be on the court, arthur? >> caller: just tremendous. he made more than a court -- it's law students and lawyering. he made the whole originalist and strict constructionalist, texturalist. he made that a household fan of

lawyers. who basically said what the constitution says is what it says. it's not what we want it to say. >> i'm curious, as a lawyer, i'm sure you've spoken to many having argued before the supreme court. from the lawyer side of things, what was it like to go up against him in the supreme court? >> caller: first of all, i've never argued in front of the supreme court. every time i argued with scalia, it was over a scotch or glass of wine. i mean, what is it to stand at home bat with a bat in your hand and have jose rivera on the mound? he was the sharpest, most intellectual, most glib, most witty -- i mean, you know, get ready. you're going to be in the fire of the storm -- in the eye of the storm. yet, he was never mean. he never belittled anybody or embarrassed anybody. he had a big heart. >> arthur, your perspective and unique and personal. it's neat.

and before we let you go, something i loved that you told us prior to the interview, that you told me in the past when i became a parent was his advice or words to you upon the birth of your son. >> it made me cry. it made me cry yesterday. he said, "arthur, you're never as vulnerable as when you're a parent." it's just so true. i mean, when you are living life and only worried about yourself, you're a tough person. i'm not worried about this. i'm not worried about that. all of a sudden, you have this little life in your hands that means more to you than anything on the planet. it's devastating. and you know, he had some personal losses with his children. his son-in-law who was married to his daughter, six children. than long ago, he dropped dead at 40, 41 years old leaving his wife and all these children.

i was very -- i don't want to overstate it, but at that funeral, i was the pallbearer for just scalhool -- justice scalia's uncle, his aunt. we didn't see each other a lot, but the two or three thing we did, it was that thick bond. you didn't need to see him that often to feel that degree of closeness. >> he had nine children when he passed away yesterday at 79. thanks. >> caller: thank you very much. take care. bye-bye. justice scalia's death a few hours before the gop candidates took the debate stage in south carolina. >> how to replace justice scalia may have been the only thing that all the candidates agreed on. john with us this morning. the aftermath? >> reporter: good morning to you. i'll tell you, for the most part, last night's debate kind of redefined the bloodsport of politics. the whole thing started off politte -- polittiely enough, t

the person insisting the selection of the next justice be left to the next president. >> this is a tremendous blow to conservatism. a tremendous blow, frankly, to our country. >> he will go down as one of the great justices in the history of this republic. >> justice scalia was a legal giant. he was a brilliant aithful to t constitution and changed the arc of american legal history. >> reporter: that's where the politeness ended and the gloves came off. jeb bush decided his route to the political redemption goes through donald trump's nose, decided he was going to be the only one who could stand up and go face to face with donald trump. though it was left to marco rubio to put a cota on this exchange. listen. >> dump was building a reality tv show -- donald trump was building a reality tv show, my brother was building a security at rat us to keep us safe.

i'm proud of what he did. >> i lost hundreds of friends. the world trade center came down during the reign of -- [ booing ] >> he kept us safe? that is not safe. that is not safe. >> on behalf of me and my family, i thank god all the time that it was george w. bush in the white house on 9/11 and notnot al gore. >> reporter: we'll see how the line that trump plays that he blamed george bush for 9/11. also declaring war on each other yet again, were ted cruz and marco rubio who revisited their battle over immigration from a couple of debates ago. listen to this -- >> marco went on univision in spanish and said he would not rescind president obama's illegal executive action nesty in his first -- am nesty in his first day in office. >> how he knows what i said on univision becausely doesn't speak spanish. [ speaking spanish ]

>> in espanol. >> reporter: cruz speaks a little spanish, though admittedly says his spanish was lousy. the night was redemption for marco rubio who needed to erase the memory of that horrible moment he had in new hampshire. i think by most accounts, he did that. and south carolina preserves its reputation as a place where political candidates wanted to show voters here that they can throw and take a punch. >> thanks, john. >> thank you. it's tough to find your favorite moment from last night. >> take three steps back. trump is trying to redefine the republican party. you're either for that or against it. this is a demarcation point. this is a break. he's not trying to continue the bush administration or the romney campaign. this is a whole new thing. >> was last night a turning point, do you think? >> i think the whole thing, we're missing it. trump is this loud, out-of-control guy. he's saying there is a new party i want to create. i have no idea what's going to happen. no idea if it's good, bad, but

it's a big deal. >> it will be interesting to see if that's a good move. george w. bush campaigning for his brother on monday. then jeb says hei'm not going t invites you to the rally in the weird moment. we'll see if going after jeb bush in south carolina is smart. an 86% approval rating. >> you got the sense gloves came off. there was a bloody battle for survival at the lower end of the candidates. at the higher end, there's so much at stake. they went for it. >> there's a lot at stake. what does the party stand for? we'll find out. coming up, what effect will trump's statement on the iraq war have the polls in south carolina? our next guest says justice scalia's passing will set off a political explosion. we'll have byron york here next. i've smoked a lot and quit a lot, but ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq. they carry your fans' passions, shouhopes, and dreamscarry pads.

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a fox news alerts. republican candidates vowing to uphold justice scalia's conservative legacy. here's last night. >> the simple fact is the next president needs to appoint someone with a proven conservative record similar to justice scalia that is a lover of liberty, that believes in limited government. >> the senate needs to stand strong and say we're not going to give up the u.s. supreme court for a generation by allowing barack obama to make one more liberal appointee. >> someone on the stage will get to choose the balance of the supreme court. and it will begin by filling this vacancy that there's now. >> i think it's up to mitch mcconnell and everybody to stop it. it's called delay, delay, delay. >> it is up to mitch mcconnell to stop it. can he do that? the "washington examiner's" byron york with an answer. can he do that for a year? >> yes, they can. they have the authority to do it. simply by not taking up the president's nominee. on the other hand, the political pressures will be intense because you have to imagine that

president obama is going to nominate some particularly interesting and qualified candidate. you'll see news reports, i'm sure, saying that it's september 12th, 2016, day 135 of the republicans' refusal to consider president obama's nominee. so it will be a huge political fight. >> that's exactly right. he'll nominate, of course, using the demographic requirements he thinks will help the democratic nominee in the presidential race. republicans don't have a history of having tough in battles like this. >> i've covered a lot of judicial fights, and there are always republican senators who say, look, i believe that a president has a rate to have his qualify -- a right to have his qualified nominees confirmed. on the other hand, they may number a different mood. lindsay graham, the former presidential candidate, was at the debate. he's been a longtime member of the judiciary committee and said he's going to oppose any obama

nominee who doesn't have really broad support like 75 or 80 votes in the senate. he said the reason he was going to oppose them was as payback for democrats using the nuclear option. remember, they got rid of the filibuster for most judicial nominees. graham said, i told president obama at the time there's going to be a price to pay for this. and this is the price. >> you were at the debate. you wrote a smart piece on it this morning basically making the point the debate over the iraq war never occurred on the republican side for 13 years. and it erupted in public last night at the debate. trump going after president bush's, george w. bush's stewardship of the country. does trump win? >> i don't know. if george w. bush is the third rail of south carolina politics, we're going to find out. this was a debate unlike any other republican debate in the sense that it dealt with, it reckoned with the legacy of the

iraq war more than any other republican debate has. there were things that trump said last night that sounded like they could have been in a democratic debate in 2004. remember, the democrats were very strong on that in that year during the iraq war. the other republicans, not just jeb bush but marco rubio, as well, kept a more conventional republican position on this. so i think this is a huge test. it's a gamble for trump. by bringing up something that republicans in the past have decided ton talk about. >> isn't it also a gamble for rubio? he basically said the iraq war was a good idea. is that a winning position? >> we're going to find out. it's interesting because if you look at south carolina republicans, they do approve of george w. bush. they still like george w. bush. there's a heavy, heavy military presence here. i came into the airport yesterday, this was a huge sign saying welcome to the biggest

military -- >> yes. >> there are people involved in the military who say it was a mistake to invade iraq. >> they bore the brunt of it, of course. byron york from the scene. thanks for that. appreciate it. >> thank you, tucker. more "fox & friends" coming up in a minute. stay tuned. i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com

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what a debate. gop candidates making their case debating who has the best plan to fight the war on terror. watch. >> we should not be policemen of the world. but whether we go, we mean business. >> we need a commander in chief that sets the objective we will utterly defeat them because they have declared war, they've declared jihad on us. >> i voted against barack obama's plan to use it was the right decision. >> i would restore the military. i would have a strategy to destroy ice is -- destroy isis

and create a policy of containment as it relates to iran's ambitions. >> jeb is so wrong. you've got to fight isis first. they're chopping off heads. these are animals. you have to knock them off strong. you decide what to do after. you can't fight two wars at one time. >> our military passengnel here retired infantryman in the marine corps reserve, kieran lawler. retired air force general and amber smith. great to see you. we were up late seeing this incredible debate. on the point of who would be the best commander in chief to lead us in the war against terror, steve, where do you come down on this? >> i would probably say marco rubio had a tremendous night last night. he certainly put out that he is very knowledgeable about the world affairs, certainly on foreign policy. we need a commander in chief who knows foreign policy and can react to it. i think marco rubio demonstrated that. >> amber, do you think he

bounced back in his performance after last week around foreign policy? >> he had a much better debate performance last night than the previous week. he sort of redeemed himself. i still thought he was a little scripted. i think myself and what the american people are looking for in a commander in chief is that leadership role. they want a commander in chief who's going to make the command decisions that require split-second decisions with limited intel, limited information that have life or death consequences. i think we saw that last night out o of jeb bush and rubio. >> where do you come down to o this? >> i thought ted cruz showed a lot. he's good on the issues, aggressive. he understands we have to balance civil liberties. he's also a great communicator. one of the failures of the george w. bush administration was when things got tough, he couldn't communicate why we needed to be in remember, why we needed to do the things we needed to do. he lost the support of the country. that would not happen to a president ted cruz. >> let's talk about that failure

of leadership that the george w. bush presidency and iraq war, of course a huge topic of debate last night. relitigating the iraq war, never thought i'd see that in a debate. you mentioned george w. bush and the failure there. donald trump went after him calling him a disaster. marco rubio comes to his defense. is that going to hurt marco rubio defending the iraq war? >> no. i think the argument surrounding whether or not we should have gone into iraq -- going into iraq was not the mistake. the mistake was on president obama with the too-early withdrawal from iraq. they made the command decisions they had to make in 2003 on whether or not to go into iraq. you have to live with the consequences. president obama mismanaged the withdrawal that got us into the situation we're in tonight. >> donald trump said it was george w. bush getting us into iraq and creating a power vacuum there. steve, it was smart to go after him in south carolina where he was terribly popular?

>> i thought it was a terrible move for donald trump. i was watching and asking myself, is he purposely throwing this election? is he purposefully throwing his chance of becoming the nominee? doing that in south carolina was a terrible move. the republican party and republican people have been defending bush for the last eight years. for him to throw bush under the bus, poor move. >> was it a bad movie in south carolina? >> it was terrible. earlier he said vote for me, i was against the iraq war. when he talked about how 9/11 was bush's fault, he sounded like michael moore. not someone who was ready to be a republican commander in chief. >> do you think george w. bush will help him this week? he's going to be campaigning on jeb bush's behalf in south carolina. do you think it will work for him? >> absolutely. yep. >> there's bush nostalgia there. >> i think so, yes. >> amber, kieran, and steve, great to see you. we're all tired from watching the debate last night. up late, until midnight.

thanks. coming up, his death sending shock waves through washington and may impact the course of the country. peter johnson with a look at justice scalia's legacy and what it means for each and every american, next. plus, don't go anywhere. we have a big show ahead. donald trump will be here. ben carson will be here. laura ingram will be here, and newt gingrich, all join us live. at ally bank, no branches equals great rates. it's a fact. kind of like bill splitting equals nitpicking. but i only had a salad. it was a buffalo chicken salad. salad.

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welcome back. the nation reacting to the loss this morning of supreme court justice antonin scalia. remembering for his conservative principles, his humor, and his undeniable wit. >> are you cantankerous? >> no, cantankerous? i express myself vividly. those criticisms are opinions, not of my colleague. i'm a good friend of steve brier. i like him a lot and of sandra day o'connor. and of whoever else whose opinions i criticize. >> if they call one of your opinions sheer applesauce? that's fine as long as they can demonstrate that it's true. >> i actually think applesauce is something good to eat. >> well -- it's not good in opinions. >> here to way in on the justice's life of dedication and lasting legacy is fox legal analyst peter johnson jr. >> good morning. >> good morning. >> obviously the sadness, a father, grandfather lost, an

american hero. at the same time, a day for celebration of a life and the law of the service of the united states of america. because when you look at judge stall a, here's a guy, a scholarship -- judge scalia, here's a guy, a scholarship guy. xavier high school, jesuit high school in manhattan, a new york boy. son of a sicilian immigrant, a family of teachers. harvard law school. georgetown -- >> valedictorian -- >> a couple of times. magna cum laude. and stuck on his principles as a conservative. as a man who believed that the constitution should be a dead document. and what he meant was i reject the constitution as a living dynamic document that shift every time you want it to shift. that's malleable to your own political inclination as the wind goes. he says, no, rub your nose in the text of the constitution and

let's adopt what the founders, what the framers were talking about in the constitution. >> what does he mean for law school students studying some -- he's been known famously, his dissenting opinions on some of these big opinions? what does he mean for law school students? >> let's look at a couple. the first -- it's the rule of law, number one. number two is sticking to your guns, and three is articulating it in a way that is understandable and clear. not only for lawyers and judges but for regular americans. he wasn't afraid to dissent. he became in the 29 years that he was on the bench the great dissenter appointed by ronald reagan i guess in 1986 or so. so let's look at a couple of them. arizona versus the united states. he says we're not talking here about a federal law prohibiting the state from regulating bubble gum advertising or even the construction of nuclear plants. we're talking about a federal law going into the core of state

sovereignty. the power exclude. the other case that he is probably going to be remembered for is the famous gore/bush election case. >> yeah. >> he signed the order that allowed the recount to be stayed. and then the united states supreme court decided basically that george bush would be the next president of the united states. he would always contend with liberals that would get upset about it and say how could you be part of that, and his reaction basically was get over it. he would literally say, "get over it." he brought to the court a love of the law, a love of music, a love of literature. a love of the constitution and who we are as a people. >> he wrote clearly. he wrote in a way -- >> the layman, nonlawyer could understand what he was saying. he wasn't a hack. you didn't get an idea that he reached a conclusion before the

argument. >> renaissance man is a word that's overused, but he was a renaissance man in america. he's the kind of person whether you're conservative or liberal or mainstream american that you say to your 9 or 10-year-old boy or girl, there is a person that you emulate in terms of scholarship, dedication, commitment to the united states of america, to the flag, to who we were, to who we are, to who we should be. his life should be celebrated today. >> what does the next year or so look like in the replacement process? >> at this point, it's going to be a political mess. we'll talk about that later in the show. will there be a replacement or not, or -- >> if you had to bet, will there be in the next year? >> probably not. >> we'll see you back in a bit. thank you. now to our headlines this morning. a fox news alert -- a mississippi police officer shot in the head overnight as he chased down a pair of armed robbery suspects.

the officer was investigating a convenience store robbery when the masked suspects took off running. he chased them for five blocks before he was shot in front of the police department. he was airlift to -- airlifted to the hospital. no word on his condition. the suspects still on the run. millions of your tax dollars going into the pockets of questionable v.a. doctors instead of helping our veterans. a new bombshell report from the "clarion ledger" shows in 2014, $23 million went to more than 2,500 v.a. employees who were put on paid leave. some out of the office for a year. lawmakers say the feds don't have the means to discipline problem employees, and they stay on paid leave far too long. could lsu's legendary football program get sacked? the state's democratic governor threatening to shut down the tigers' fall season. the state is facing a budget

shortfall of nearly $1 billion for this year. so the governor says there's a chance public campuses would be forced to close this spring. student athletes would get incomplete grades making them ineligible for the football season. full disclosure, i am an lsu graduate. all right. there it is. a "sports illustrated" upping its game with not one, not two, but three swimsuit issue covers. clayton morris is finally looking up. >> it's about time. >> they include haley clausen, plus-size rookie ashley graham, and ufc star rhonda rousy. the first time "sports illustrated" has released three covers for the swimsuit edition. graham's cover is being praised for including women with different body types. there you have it. >> plus size in the center. >> there you have it. those are the headlines this morning. >> does it need to be sflil you know what i mean? politics now on the swimsuit issue?

keep it out of my swimsuit issues. extreme weather report. dangerous deep freeze wreaking havoc on the northeast united states with temperatures slipping into the single digits and below in a lot of places. >> this is why we need the swimsuit issue, to warm us up. the brutal cold being blamed for this -- did you see that yesterday? holy smokes near harrisburg. 50-car pileup on a stretch of interstate in pennsylvania along route 76. at least three people were killed. more than 70 injured. >> rick is tracking more on this cold snap. good morning. >> reporter: good morning. central park, new york city, at minus 1. that's the coldest temperatures that we've had since 1994. 20-some years. boston minus 9, the coldest since 1957. we're pushing 60 years. you get an idea -- it is really cold out here. dangerously cold. a short-lived cold snap that's one bright spot. look at that now. it's 1 in fairbanks. this is what it feels like -- feels like 1. feels like minus 36 in boston. the cold air has settled in across the eastern seaboard.

not all the way toward florida, though. obviously we have the cold here now. there you>>. feels like 1 -- there you go. feels like 1 in d.c. minus 5 in quebec city. the actual temperatures come to 0 in new york city. minus 9 in boston. nineus 11 toward buffalo. there's a storm coming, and it's going to bring snow across parts of missouri. and then eventually across the tennessee valley. and then we warm up. guys, we'll be back into the 40s by tuesday with rain. short lived, but a dangerous morning. guys? >> thanks. >> go inside, get some hot chocolate. the question on the internet -- are the two men related? yes, they're noting to know the answer. we'll explain why. >> are they related? and a jam-packed show this morning. donald trump is here. ben carson is here. laura ingram is here. and newt gingrich. we've got a crowded show. it's "fox & friends" this sunday. check out the bass pro shops

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let's talk about social media last night. it's fun to watch the trends and most-searched-for items in the news. >> fun sometimes. >> fun, funny, troubling. here was the most tweeted about moment. we'll get to the sad moments. here was the most tweeted about moment last night. jeb bush going after donald trump. watch this. >> first, i suppose we're showing the most -- >> biggest liar. you probably are worse than jeb bush. you are the single biggest liar. why do you lie? >> don't interrupt -- donald learned -- donald, adults learn not to interrupt. >> i know. >> ooh. trump has a history of this. when he gets into a debate and it gets personal, almost always

the message is i'm going to diminish you. i'm stronger than you, more of a man than you. he's basically said this out loud. it kind of works. >> it works. >> right. the back and forth -- >> whether or not it should. i'm not debating the merits. the points in the debate. like who's the bigger figure. >> and going back and forth between bush and trump last night, all over twitter, you saw in real time during the cbs debate the surges and spikes on google, twitters, about the back and forth between bush and trump. specifically around the iraq war and 9/11. and who was to blame, it was your brother, bill clinton? >> while that was one of the most talked about moments of the debate, one of the top trending questions -- >> love this -- >> -- during the debate office jeb bush. it was this -- is jeb bush related to george w. bush? >> well, jeb, you know, signs say jeb with a question mark, to distance himself -- >> it tells you a lot. president bush is coming to south carolina for the first time to campaign for his

brother. he hasn't been on the trail previous to this. i think he's coming monday. that's by design, of course. the question is does it help when voters learn that jeb bush is george w. bush's brother? >> they also ask the question because jeb kept bringing up his mom, people were searching on google for who is jeb bush's mom. that was -- these were real searches last night -- >> that will help jeb bush. >> this is one ofclated -- offic-- one of clayton's segments. the special counsel to bill clinton is up next with more. we're just getting started. a huge show, tremendous show, in fact, donald trump will join us in a minute. and ben carson, laura ingram, newt gingrich, they're all here. change your channel at your peril. it would be insane. don't do it. see me. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious.

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this week denigrates the disable and it's really weak to call john mccain a loser -- >> i never called him -- >> that is outrageous. that is an american hero. he also said -- i've laid out my plans. >> he said about language. two days ago he said he would take his pants off and moon everybody. and that's fine. nobody reports that. >> what i've been watching here this back and forth and these attacks some of them are personal. i think we're fixing to lose the election to hillary clinton if we don't stop this. >> holy smokes. explosions on stage last night in south carolina at the debate. did republicans make a mistake by targeting one another rather than hillary clinton and bernie sanders? joining us this morning lanny davis, former white house special council to president bill clinton, a law school friend of both clintons.

great to see you, lanny. >> i had a great time watching last night, tucker. enjoyable reality television. >> so let's say present trends continue and trump gets the nomination and democrats are like, oh, he's a racist, he's so mean. what else are they going to run on him on? here's a guy against the iraq war, hillary clinton famously voted for the iraq war, how do you pin this guy as some sort of right wing maniac when he's to the left of hillary on foreign policy? >> well, i don't need to use labels. he speaks for himself. he insults, he demeans, he interrupts, he's grouchy, he's not a presidential character. and certainly if he runs for president we just have to let him show that he's not really president of the united states caliber. >> oh, so just on style points? isn't that kind of an elitist position? >> no, it's not icky things. he's insulting people, the audience and his fellow

candidates. a president has to be focused on representing our country. he's an embarrassment. aside from that he still hasn't told me or you what's he going to do about 12 million people who are here? is he deporting them back or not? how is he going to pay for his programs? what in god's name is he talking about in the middle east? who is he supporting, putin in russia or the american foreign policy position that is bipartisan? so there are issues he can't explain because he uses insults instead of explanations. >> i wonder why so many democrats are voting for him, so many moderates, democrats, independents, exactly the people hillary clinton would need to get elected president. they're for trump. isn't there a lesson in there for you, you think? >> well, we have to appeal to our base working class democrats. >> working class democrats are not supporting hillary clinton. look at exit polls from new hampshire. that's just not happening. no working class people, rich people are supporting hillary. >> i would not say no working

class people. >> very few. >> bernie sanders has shown great appeal to working class democrats. when we are a party united, we will have the support of working class democrats versus a republican candidate who wants to cut taxes on the wealthy and increase taxes on the middle class to pay for their programs. look at what trump has proposed. but what about marco rubio, just to get my reaction to him in. i heard somebody say he actually did well. can you tell whether someone who is for immigration reform along with senator mccain and senator schumer who's now against immigration reform chrks way does he go on that? and he and ted cruz both are accusing each other with throwing food. this is what we democrats love to watch. >> that's true. it's ob secured the positions of the democratic contenders. hillary clinton for example is for giving driver's licenses to illegal aliens in california. is that something she wants to defend in public? is anybody for that other than

her? >> well, i don't know whether she's for driver's licenses -- >> she said she is. >> but i do know that she's for a pathway to citizenship the way that jeb bush is for a pathway to legal residence. and marco rubio in florida voted in favor of giving welfare benefits and other benefits to illegal aliens. so we need to at least find out what are we going to do with 12 million people, some of whom are good taxpayers, have children, have been part of this country for 30 or 40 years. and they're living in the shadows. what hillary clinton is trying to say, whether it's driver's license or anything else, we have to have an answer to that question. what's trump's answer? >> let them all in they'll vote democrat. that's hillary's answer. give us a preview of the talking points over the fight over justice scalia's replacement. mitch mcconnell said we're not taking this up before a new president is elected. what are democrats going to say to that? >> first of all, it is a serious question. hillary clinton has said it's an

outrage and dishonors the constitution to expect the president for one year not to nominate a crucial ninth supreme court justice. but my point which everyone watching whether you agree or disagree are going to agree with this. if it was a republican president, is there any doubt with one year left before the election that republicans would be saying the republican president should nominate somebody? this is all about political hypocrisy when mitch mcconnell and all the republicans are saying he's got to wait for the american people to decide. do you have any doubt, tucker, if it was a republican president the positions would be reversed? >> no, of course. they agree with the republican president. they're not afraid a republican president will bring the country into venezuela land. >> i say it's a double standard, but we both agree. >> lanny davis, good to see you this morning. >> thank you, tucker. should republicans push back if president obama tries to support a supreme court justice to replace antonin scalia before the next presidential election? laura ingraham joins us at the

top of the hour for advice. and dr. ben carson will be here too and donald trump. it's a packed show. don't go away. i take prilosec otc each morning for my frequent heartburn because you can't beat zero heartburn! ahhh the sweet taste of victory! prilosec otc. one pill each morning. 24 hours. zero heartburn.

good morning everybody. this sunday february 14th, happy valentine's day. i'm sandra smith. and i am in for anna this morning. fox news alert, the supreme court's leading conservative voice silenced. justi justice antonin scalia dead at 79. >> those are criticisms of my opinions, not of my colleague. >> how the fiery justice is being remembered by friends and colleagues this morning. >> and then justice scalia's death has set up a showdown in washington over who gets to pick his successor. >> i think it's uch to mitch mcconnell and everybody else to stop it. it's called delay, delay, delay. >> i do not believe the president should appoint someone

and it's not unprecedented. >> the next president needs to appoint someone with a proven conservative record similar to justice scalia. >> so president obama says he gets to choose and do it right away. the republican controlled senate says no way, we're blocking you. will they hang tough or will they cave to the president? we'll bring you the latest. andont-runner donald trump finding himself right in the middle of the fireworks last night. >> well, donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. >> the world trade center came down during your brother's reign, remember that. >> i'll tell you -- >> the biggest liar -- you are probably worse than jeb bush. >> whoa. >> you're a liar, no you're a liar. this hour donald trump joins us live. fox & friends hour three begins right now. let's get right to it. fox news alert this morning.

america is remembering a supreme court crusader, the iconic justice antonin scalia died yesterday at the age of 79. >> his death sets up a rare opportunity for a president -- for president obama to appoint a recess nominee. will he try to do that? we're live at the white house with the very latest. good morning, doug. >> reporter: morning, guys. the flag here at the white house remains at half-staff and it will remain that way until sunset on the day of justice scalia's internment. the president last night offers condolences to justice scalia's family calling him a brilliant mind and larger than life presence on the bench. but all of the kind words belie what is likely to be a huge political fight ahead over his replacement. here's the president speaking last night. >> obviously today is a time to remember justice scalia's legacy. i plan to fulfill my constitutional responsibilities to nominate a successor in due

time. there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. >> but even before the president spoke last night, senate majority leader mitch mcconnell threw a great big wet blanket on the president's plan. he said, and i'm quoting, the american people should have a voice in the selection of their next supreme court justice there are this vacancy should not be filled until we have a new president. mcconnell's statement also echoed by the man who would conduct the confirmation hearing, the chairman of the senate judiciary committee chuck grassley says the fact of the matter it's been standard practice for over the last nearly 80 years that they are not confirmed during a presidential election year. to signal the huge fight that lies ahead, senate minor it leader harry reid said it would be unprecedented for the supreme court to go a year with a vacant

seat. there remains the possibility that the president could make a recess appointment. there is a narrow, narrow window over this week for him to do so. still that recess appointee would have to be confirmed by the senate if it were to happen. the last recess appointment made to the supreme court was done in the eisenhower administration in 1956 when william brennan was made a recess appointee. back to you in new york. >> stayed for an awful long time. doug, thanks a lot. we bring in now laura ingraham who in addition to everything else she does is a lawyer and knows an awful lot about the supreme court. i think she joins us by phone. laura, you there? >> it's good to talk to you guys. this obviously sends shock waves through the legal community. i personally just personal before we get into the jurs prudential issues. the first time i met justice scalia was in 1986 i was working in the reagan administration and i went to congratulate him on his son being named to the

supreme court. he was 50 years old and he's the kind of person the first time you met him he was -- you know, the phrase larger than life gets thrown around a lot. but he truly was that both in mind and intellect and personality, in approach, in kindness. i think a lot of folks on the left feed off of justice scalia's originalism on the court as, quote, harsh. but for him it was the least conceited thing not substituting your own personal preference for the wisdom of the framers and the original text of the constitution. so he thought that was the best of all the theories that could possibly be applied to reading statutes and interpreting the constitution. so as a man, just a towering figure as a person and as a personal friend that just had dinner with him a couple weeks ago in washington for a big catholic charity. he was as usual -- i literally

cannot think of him without smiling. he was that kind of person. whether you were playing squash with him or tennis or whether you were talking about the court and everything that was happening. i clerked for justice thomas in 192 and 1993 on the court and it was a wonderful experience for all the reasons but because he was a personal friend as justice thomas became so the two of them very, very close friends. let's talk about what's at stake now for the country. as we saw last night at the debate, this is a critical juncture for the court as tight as the 5-4 balance is. the president not stick his chin out there say, look, come hell or high water i'm going to put a recess appointee on the court. i think that's going to further polarize the country that we've seen over the last few years under his administration. i wouldn't be surprised if he

did it, but it will unify the republicans that are badly needing unification right now given the two months of the primary process. >> let's look at last night. you mentioned the debate and off the top of the debate last night was a somber moment, a moment of silence. and then they were asked, the candidates, about what to do with an appointment during this election year. here's their response. >> i think that we ought to let the next president of the united states decide who is going to run that supreme court with a vote by the people of the united states of america. >> the next president needs to appoint someone with a proven conservative record similar to justice scalia that is a lover of liberty, that believes in limited government. >> the senate needs to stand strong and say we're not going to give up the u.s. supreme court for a generation by allowing barack obama to make one more liberal appointee. >> someone on this stage will get to choose the balance of the supreme court. and it will begin by filling this vacancy that's there now. >> i think it's up to mitch mcconnell and everybody else to stop it. it's called delay, delay, delay.

>> laura, does this -- the death of justice scalia affirm ted cruz's position? he's been out there talking about the court running amok and that the next nominee should have the opportunity to put someone on there who is not an idealogue. >> ted is the best, i thinkin, this conversation to explain it to the electorate, the citize y citizenry, i think he understands better than anyone on that stage last night how critical it is. that being said, his sister on the third circuit court of appeals, mary ann barry trump, trump is not a neophyte to this either. his sister is a senior judge on one of the most important federal circuit courts in the land. and he in that moment where he

says, well, you supported that guy john roberts who gave us two votes for obamacare. so the back and forth is fascinating and jarring. yet, i think cruz without a doubt has the -- you know, has an incredible resume and speaks fluidly about the issues of substantive due process. >> right. >> abortion rights. you know, all of the case law that has been so close over the last really since i clerked on the court 1993. i mean, the case law has been tight on a lot of these issues. a lot of these issues of the day not just social issues but is e issues involving terrorism, clearly the fourth amendment. noi going to be 4-4 decisions probably going to be held over to the next term that justice scalia was in the process of writing this term. >> laura, while we have you i can't resist getting your reaction to the debate last night. donald trump came out against the war in iraq, caused a lot of

people to be pretty uncomfortable. but he also pushed a lot of the other people on the stage to basically defend the war in iraq. marco rubio specifically. how does this play? does it hurt trump more or rubio more? >> well, i think it's a risky strategy, but i think this is what he's thinking. he's thinking that there are millions and millions of republican voters who have had the luxury of some time to look back on whether the war in iraq was really a good idea. you know, all the money we spent, all the men and women we lost. and i think a lot of republicans, the establishment doesn't like to hear this, tucker, but i think millions and millions of republicans probably agree with trump that in the end this was a disaster for the united states. we've lost influence in the middle east. we toppled dictators who probably had their finger on the dike of what was going to be a flood of timult. and he's betting people aren't just going to reject the republican party of today and

the election, they're going to reject the republican party of the bushes. and i think it was a preemptive strike he was launching against w. who's coming to south carolina on monday. and he wanted to set this up as a preemptive strike against the entire bush administration. >> and mentioning bush, a lot of people this morning waking up after watching that debate last night, laura, and talking about jeb bush. we have guests saying that was a breakthrough moment. his best debate yet. what was your take? >> i mean, i think ts people think he had a breakthrough moment are the people who were upset jeb hadn't done better. i guess he did better than he did in the second debate, but i don't think that really says much. i think the same old fault lines exist and the most memorable ones the debate as usual comes from trump as entertainer in chief however the line was that jeb had. if they think they're going to re-litigate the iraq war throughout the united states in the primary process and that's

going to end well for them, i don't think it is. that's my -- i don't think that's going to end well. >> laura ingraham, thank you for joining us this morning. >> thank you. well, he got justice scalia to open up about his fiery personality. >> are you cantankerous? >> i'm not cantankerous, i express myself vividly. >> chris wallace reacts to scalia's passing next. >> just ahead, dr. ben carson and donald trump will join us here on fox news. at ally bank, no branches equals great rates. it's a fact. kind of like grandkids equals free tech support. oh, look at you, so great to see you! none of this works. come on in. (flourish spray noise) (flourish spray noise) (flourish spray noise) (flourish spray noise) the joy of real cream in 15 calories per serving.

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are you cantankerous? >> i'm not cantankerous.

i express myself vividly. those criticisms are criticisms of opinions, not of my colleague. i'm a good friend of steve breyer, i like him a lot, and sandra day o'connor and whoever else opinion i criticize. >> and criticize your opinion of share apple sauce? >> that's fine. as long as they can demonstrate it's true. >> i actually think apple sauce is something good to eat. >> well, it's not good in opinions. >> there's chris wallace interviewing justice scalia back in 2012. chris, to watch that video now of course in the wake of this news, what does that say to you? >> well, look, it was one of the favorite interviews i've done in my 12-plus years here on fox news sunday. two points, he is so brilliant. and he was so much fun to be around. i mean, he was just bursting with wit and bursting with brain power. and he's missed. i mean, whether you agreed or disagreed with his judicial philosophy and the positions he took on a lot of the central issues in our life here in

america, you couldn't help but like him. and you couldn't help but admire the ferocity, the sheer brilliance with which he defended and expressed his opinions. >> chris, what did you make of a senate majority leader mitch mcconnell just very shortly after the passing of scalia coming out and saying that his vacancy should not be filled until the next president has been chosen? >> this is going to be a battle. you know, in a funny way it's almost fitting because although he was not a politician, he made it clear he wasn't a politician. he was a jurist, scalia loved the cut and thrust of political debate. and we're going to have quite a debate now in this country. barack obama's got 11 months as president, he's clearly going to name somebody. and my guess is he's going to try to get maximum political advantage for it and try to put republicans in kind of a box. but it becomes pretty clear both from what you heard from mitch mcconnell the senate majority

leader and what you heard on that debate stage last night in south carolina, the republicans have no intention -- now with justice scalia's passing this is divided down the middle, four conservatives, four liberals. and if you appoint an obama judge to replace antonin scalia, the whole balance of the court and its decisions on a lot of the most important issues facing the country, it all changes. >> and democratic appointees never move right where as the opposite of course is not true. do you think the president can fill that ninth seat with a recess appointment? >> well, first of all, the court -- i mean, the senate i suspect is not going to go into recess for the rest of this year. and remember, it was the supreme court that ruled that his recess appointment -- obama's recess appointment of three people to the national labor relations board was invalid. and they overturned it because they said the president doesn't get to decide when the senate is in recess, the senate gets to decide that. now, the key question, and i

hadn't thought of this but somebody raised it last night in our specials coverage is i believe that the senate goes out on january 3rd of next year. that their term runs out. of course the president's term doesn't end until january 20th of next year. so he would have, according to my math, 17 days to make a recess appointment. i believe that's the case. now, he wouldn't have a lifetime appointment. he'd have a recess appointment for the length of that congress, but still, he might well be able to make a supreme courtecess appointment on his way out the door with just 17 days left in office. >> chris, you spoke on fox news sunday to bernie sanders. and you asked him this question about antonin scalia. take a listen. >> there is already a fierce argument after the passing of justice antonin scalia, democrats say the president should name and the senate should confirm his successor, republicans say that should be left to the next president. where do you stand, sir?

>> i think we want a full contingent on the united states supreme court. we are dealing with enormously important issues. the constitution is pretty clear. president makes the appointment, senate confirms, let's get on with our business. >> your take there, chris? >> well, it's clear. there's the battle. that's the battle lines being drawn there. the democrats are going to say, hey, he's president for 11 months, name a supreme court justice and the republicans are going to say, you can name them, we're not going to confirm them. >> all right. well, chris, fox news sunday is always can't miss tv, but special guests bernie sanders and marco rubio today. fox news sunday. thanks, chris. >> you bet, thanks, guys. >> dr. ben carson here next. stay tuned for that. i've smoked a lot and quit a lot, but ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq.

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welcome back. some quick headlines now. the terror group al shabaab now claiming responsibility for that deadly midair explosion on a somalia jet that was packed with people. the suspect bomber was the only person killed though. he was sucked out of that hole right out of the plane. the plane then landed safely. the bomber apparently used a wheelchair to get past security. that's called karma. and a brand new batch of hillary clinton's e-mails just released by the state department has 81 marked classified e-mails. in one e-mail clinton asks one of her counselors, how to keep her husband, bill, in check during the 20 -- election cycle. >> what does the constitution say about whose duty is here to act in this kind of situation? >> we need to start thinking about the di visiveness that is going on in our country. i looked at some of the remarks that people made after find e

finding out that justice scalia had died. and they were truly nasty remarks. we should be thinking about how can we create some healing in this land. but right now we're not going to get healing with president obama. >> right. republican presidential candidate dr. ben carson joining us live this morning. good morning to you, sir. >> good morning. >> so, how would you summarize your debate performance last night? >> well, i was pleased to actually be included in the debate without having to jump up and down on the screen saying me too. but there was some extent of that but not as it was before. there was an opportunity to direct people towards more things rather than the food fight which is really irritating. >> seems like you were driving people a lot to your website to drive people to see some of your substantive responses to some of these questions. >> well, not only that -- i was

going to say not only that but this past week i spent one hour in front of national security forum just being asked questions about national security. and that will be up soon. people will be able to see that this is not a deficit area for me. >> of course it was the focus of a lot of the debate last night and the iraq war and the lines were really clear. should the republican party, should rank and file republicans, embrace the iraq war, or should they disavow it? which side are you on? >> well, i don't think that it was the right thing to do in the beginning. but i do think it was a good idea to get rid of saddam hussein. and my reasons are a little different than everybody else's. you know, they were thinking about weapons of mass destruction. i'm thinking about the fact that he killed hundreds of thousands of his own people and was a real monster. but there are other ways to get rid of people without, you know, invading the country and creating instability. >> and destabilizing the region,

which was one of the main arguments from donald trump last night on the stage. do you think your debate performance last night was sufficient to help you move the needle in south carolina? >> well, it really kind of depends on whether people are really listening or if they're looking for entertainment. if they're looking for entertainment, probably not. if they're looking for someone who really gives them an alternative from the status quo, which is just going to lead us to the same places, and if they're looking for somebody who has a history of solving problems and if they go and actually look at my policies and say they make tremendous sense, then i think it will move the needle. and the people in south carolina are a little smarter than some other people, so we'll see. >> well, we know as we're running on the bottom of the screen right now that foreign affairs, the economy, these are still the biggest topics for the american people. what's your strategy? what are you going to do going forward? i mean, things got fierce last night, dr. carson. the battle is heating up. what are you going to do to stay in it? >> well, i will continue to make

appearances until the actual voting takes place. i'm going to be doing a lot of media particularly local media television and radio getting to the people. and that's going to be the key. >> so what was it -- i mean, you were on the stage last night. people are screaming at each other, calling one another liars. it really got bitter and personal. what was it like when the cameras were off? did people talk, shake hands, did the hostility linger on stage? >> no. when the cameras not looking at them they engage in cordial conversation. you know, it's largely a show. they know it. and i say it's like ancient rome. everybody wanted to go to the coliseum and watch the lions tearing everybody apart while their society was crumbling around them. >> wow. >> we're having exactly the same phenomenon right now. and hopefully we will wake up in time. >> boy, i hope before the vandals show up. that would be bad. dr. carson, great to seau this

morning. thanks a lot for doing this. >> thank you so much. donald trump of course is the very center of the fireworks during the debate last night. >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. >> the world trade center came down during your brother's reign, remember that. [ audience booing ] >> you are the biggest liar. you are probably worse than jeb bush. >> and it got more intense from there. donald trump joins us live next. don't go away. i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com

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order your kit now at ancestrydna.com george bush made a mistake. we can make mistakes. but that one was a beauty. we should have never been in iraq. we have destabilized the middle east. you do whatever you want, you call it whatever you want. i want to tell you they lied. they said there were weapons of mass destruction. there weren't none. and they knew there were none. there were no weapons of mass destruction. >> okay. [ audience booing ] >> i'm sick and tired of barack obama blaming my brother for all of the problems that he's had. and frankly -- [ cheers and applause ] -- i could care less about the insults donald trump gives to me. it's blood sport for him. he enjoys it and i'm glad he's happy about it. but i am sick and tired of him going after my family. my dad is the greatest man alive in my mind.

>> those are clips from the debate last night in south carolina. not even the most intense moments of that debate, which was really kind of amazing. donald trump was at the center of it all, joins us live by phone. mr. trump, good to have you. you won the drudge poll in the aftermath of that debate. i'm interested in this question. you came out against the iraq war 13 years later said it was a flat out disaster. couple other candidates including marco rubio in effect defended the invasion of iraq. what side do you think most republicans in 2016 are on? >> i think everybody agrees, almost, even jeb it took him five days to come up with an answer, he's not too sharp. five days announced good thing, bad thing. ultimately he said it was a bad thing. but the iraq war was a disaster. it was a mistake. we spent $2 trillion, thousands of lives, tucker, thousands of lives, wounded warriors who we love all over the place. what do we have? nothing. absolutely nothing. iran is taking over iraq as sure as you're sitting there.

and that's the way it is. we get nothing. they get the oil, they get everything. we get nothing. so it was a huge mistake. whether people like it or not. and i'm the only one with the vision to have said don't do it. and i wasn't even a politician when i said that. >> donlald, of course last nigh you took on george w. bush a lot of opponents saying that was a huge mistake. south carolina george w. bush is hugely popular, going to campaigning for jeb this week. you obviously disagree with that point? >> i don't think it was a mistake to say the war was a tremendous mistake. i think the people in south carolina, which i know, who i know very well and i'm doing very well there, i think most of them understand, look, all smart people know that the war in iraq was a huge bungle. it was a huge mistake. it was a tremendous mistake. and then it was made worse when obama got us out the wrong way. he should have left some people there. i was against the war, but the way he got out was terrible. and it led to all of the things that you see right now, which is

a total catastrophe. but getting us into that war was a mistake. now, if i'm going to say that, and that's going to be neg fif tr me, then i'm going to have to say it any way because i tell the truth. don't forget, in that room you had so many special interests. you had all special interests and lobbyists. and they're all cheering on their candidate because their candidates will do whatever they want them to do. i'm self-funding my campaign. i'm putting up my own money, so i had my wife and my children there. and they had lots of people, and lots of people have a lot of things to say. jeb bush spent $148 million on this campaign. and he's nowhere. he's not going to go anywhere. >> let's listen to some of the audience reaction last night, donald, specifically around your attack about george w. bush and 9/11. take a listen to the aurd yedie reaction to the boos. >> okay. let me just tell you this. jeb is so wrong. jeb is absolutely -- [ audience booing ] -- just so you understand. you know who that is? that's jeb's special interests and lobbyists talking. let me just tell you

something -- [ audience booing ] -- jeb is so wrong. >> so in the room all these boos. tucker mentioned the drudge poll. there's a blaze poll after on the internet that had you, you know, crushing the other candidates last night. >> well, there's a "time" magazine poll too and i was at 77%. that's a lot when you have six people up there. i was at 77% that i won. so obviously the people out there agree. don't forget, tucker you said it fantastically, something's going to have to happen with the party or we're going to lose yet another election. i'm not even doing it to win election, i'm doing it out of common sense. the war was a horrible thing. if we're not going to admit that, you're going to have yet another election where the democrats are going to win. and guys like, you know, ted cruz, cannot win an election. he's he's nasty, he's not a leader. >> donald, speaking of ted cruz, he last night took you on and said that you would appoint liberals if elected. listen. we want your reaction on the other side. >> you know, flexibility is a good thing, but it shouldn't --

you shouldn't be flexible on core principles. i like donald. he is an amazing entertainer, but his policies for most of his life -- >> thank you very much, i appreciate it. >> for most of his life his policies have been very, very liberal. for most of his life he has described himself as very pro-choice, and as a supporter of partial birth abortion. right now today as a candidate he supports federal taxpayer funding for planned parenthood. i disagree with him on that. that's a matter of principle. and i'll tell you, if donald trump is president, he will appoint liberals. if donald trump is president, your second amendment will go away. >> reaction to that, mr. trump? >> well, it's a lie. but let me say about politici s politicians. he goes i like donald trump, i really like donald trump. that's a lie. he doesn't like me. this is political speak. these guys they always say it's like jeb bush and marco, they say, oh, i like him very much. i like him. they hate each other. this is all politics.

this is political speech when he says he likes me. just so you understand, diane sikes, judge -- i will tell you this, justice john roberts, tucker, you know him well, was put on the bench. he was forced in by jeb bush through his brother. he was forced in through cruz. cruz wanted him more than anybody. cruz put him on, cruz pushed him like crazy. what did he do? twice he could have ended obamacare. twice despite all knowledge, despite everything, nobody could believe it he voted in favor of obamacare. we should call it roberts care because justice roberts gave us obamacare. it should have been terminated twice. he was pushed in there by cruz. cruz is the one that wanted him. and he pushed him hard. so cruz is telling me about appointing supreme court justices? justice john roberts was a disaster. we have obamacare because of him. >> so i want to get back to how the republican party should

change. so your point is another romney campaign is not going to work. how does the republican party need to change in order to win this election and govern effectively? >> well, somebody said last night about i was a conservative, i wasn't a conservative. you know what i am, and i came up with the term last night, i think the first time. i'm a common sense conservative. we have to use common sense. we have to have strong borders. i'm stronger than anybody on the borders. i mean, sheriff joe from arizona endorsed me, that should tell you right there. but i'm stronger than anybody on the borders. i'm stronger than anybody on trade. you know that, tucker, from dealing with me for a long time. i'm stronger -- nobody's even close to me. i want to end obamacare. i want to end common core. we have to end common core and do education locally or we're dying. i'm stronger than anybody on the second amendment. but i'm also somebody that is common sense. we have a party that's gridlocked. we're not going to win the election. i mean, i can win states that nobody else can win. i can win michigan.

i can win new york. i can win states that aren't even in play for these other people. somebody like ted cruz i won't even talk about jeb bush because he's got no chance. you know, in new hampshire jeb bush spent $43 million. i spent $3 million and i won by 21 points. and he was like fifth. so this is -- i mean, are we going to have a guy like this as our president? >> well, we heard you say last night your best debate performance yet, donald? >> well, i think i did very good. i mean, it was a different kind of a performance because everybody was gunning for me. >> okay. >> you know, i think i did great. if you look at drudge and look at "time" magazine and every single poll said i won by a lot. but i'm very modest and i refuse to say that. >> well, you are fired up this morning. >> next saturday of course -- >> hey, tucker woke me up. there's no question about it. >> good to have you. donald trump. >> thank you all very much. i appreciate it. >> thank you. well, you just heard how donald trump thinks he did last night. how does a jeb bush supporter think his candidate did? illinois congressman and veteran

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you just heard from donald trump, so how does a jeb bush supporter think his candidate did last night? >> well, let's ask illinois congressman and jeb bush surrogate adam kinzinger. nice to see you this morning, congressman. >> good to be here. thanks for having me. >> yeah. >> so you look at some of the immediate debate reaction, looked like marco rubio had a strong night. he was sort of being praised as the guy that defended george w. bush. do you think that jeb bush did an adequate job of defending his brother last night? >> oh, yeah. look, when you watch how jeb did, i think, you know, over the last three or four debates he's gotten progressively even stronger. i think last night was his best debate.

not just performance but substance. this is why i like the governor so much. he understands people's anger, but he shows a path out. he says, look, here's how we're going to get to a point where we don't have to be angry because we have a country that we know and a country that's working again. and, you know, you contrast that to your previous guest, donald trump, where it's just about pushing people down and being angry and yelling, it's a very different candidate. i thought, look, he was the only guy on the stage to take on donald trump too. everybody's kind of frightened about it. i was very proud of his performance and i think he's going to do very well in south carolina. >> congressman, you and i have had a chance to talk about this on several occasions. and whether or not jeb bush is going to have that turning point, that moment in this election where he becomes realistic, a realistic threat to a guy, a leading candidate like donald trump. donald trump just dismissed jeb bush as not even somebody he's worried about. was last night a turning point for jeb bush or not? >> donald trump may not be worried about jeb in his mind, but he's really worried about anybody that says anything

negative about him. i mean, he's got such thin skin. it's unbelievable. it's like a third grade thin skin. but look, i think if you look at how jeb did in new hampshire, you look at the fact that everybody's kind of in a fight for second place. and i think now a fight for first place after last night's debate performance by trump. this is a jump ball. but the inspiration that jeb has here in south carolina, it's a strong veterans community. 12 living medal of honor recipients that have endorsed him. when i was walking around downtown greenville campaigning and shaking hands, people really like jeb. so i think this is going to be a great state for us. look, we have a lot of great candidates in this race. but i think jeb stands head and shoulders above frankly everybody else. >> you are a man who served in the military, we had a military panel on our show earlier this morning to discuss the debate performances last night. they all either said that it was marco rubio or ted cruz that came out strongest on foreign policy and the most likely to succeed in leading our military. why jeb bush? >> well, look, again, ted cruz,

marco rubio, great guys, they're senators. jeb has a record of leadership in florida, but not just talking about his record. he wants to marry that record to performance in the future to turning the country around. the greatest threat right now to our civilization is our national debt. the second greatest is isis. and he has a comprehensive plan to defeat and destroy isis, to push back against russia. i mean, last night donald trump basically praised russia and putin as he's done over the last few months. and attacked george w. bush. this is a party that appreciates the leadership of george w. bush and frankly understands that putin is a bully and an actual threat to the security of our nato partners in america. so, again, jeb's the only guy that really pushed back on that. i think he would be a fantastic commander in chief, but we have a lot of great candidates out here. >> congressman, good stuff. we had a panel to kick off fox and friends this morning despite their political beliefs on either side they said they thought that was jeb bush's best night.

traded a lot of barbs with donald trump. thank you, congressman. >> you bet. take care, guys. >> things did get heated last night during the gop debate. so how did the moderators handle everything? >> senator marco rubio, please weigh-in? >> on anything i want? >> oh, i thought -- >> let me talk about poverty. >> howie knows a few things about debates. he's going to be here to grade those moderators next. what if one piece of kale could protect you from diabetes? what if one sit-up could prevent heart disease? one. wishful thinking, right? but there is one step you can take to help prevent another serious disease. pneumococcal pneumonia. if you are 50 or older, one dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia, an illness that can cause coughing, chest pain, difficulty breathing, and may even put you in the hospital. even if you have already been vaccinated with another pneumonia vaccine, prevnar 13® may help provide additional protection. prevnar 13® is used

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hold on. >> you know how i know that? >> i'm going to turn this car around. senator marco rubio, please weigh in. >> on anything i want? >> i thought you had -- >> let me talk about poverty.

>> i thought you had a point you want to make. >> i do. >> i think that was me that had a point. >> you're on the on deck circle, sir. >> governor kasich please weigh in. >> i got to tell you. this is just crazy. this is just nuts. oh, man. i'm sorry, john. >> why is it nuts? talk about it. >> as governor kasich said, jeez, oh, man. how did the moderators do and what about the audience. here to tell us howie kurtz. the audience, i don't remember audiences participating to this degree in previous debates. >> no. and i found it very distracting. particularly partisans of ted cruz and marco rubio. in the fall general election debates, the moderators asked the audience to be quiet. i thought it became so

disruptive that it might have been a good idea. >> john dickerson of cbs, some say he lost control last night. what did you think? >> i'm going to give him an a. particularly for a person that came to it late in life. there are a couple times when trump and cruz were going at it and it threatened to spin out of control. he found new angles and new information. for instance, when dickerson asked about -- dug up an old quote from 2008 where trump had spoken sympathetically of the impeachment of george w. bush. it helped push things in a new direction. >> yeah, you could lose a finger or two if you got to close. so major garrett? >> i give major garrett a b plus. it was his job to get into the

weeds on policy specifics. thought he did a good job. it added a nice layer of substance while dickerson was asking questions that were going to often create some fireworks, major garrett drilled down. >> kimberly of the "wall street journal," what did you think? >> i give her a b in part because she didn't get many chances. if you're going to put somebody on, give them more of a chance. i think kim strassel did provide an important perspective. she had a specific role to play. i thought she did it well. >> she's very smart, obviously, but who takes positions on specific candidates on the stage, is that uncomfortable? >> kbryeah, i think it raises a serious question. sheas been pretty tough on

donald trump for example. this came up with national view getting kicked out of one of the debates after they published that whole issue of donald trump not being a real conservative. i'm all for vibrancy of opinion. when you have moderators up there, they probably ought to be people who have not taken a firm stand. >> otherwise, it's pretty easy for the candidates to dismiss them. howie kurtz, coming up after our show. >> insane. >> you be insane. we're just trying to help here. a looming showdown, a bad one and a bitter one between president obama and the congress over who replaces justice scalia on the supreme court. and then last night's debate, it was unbelievable. if you missed it, we'll have highlights and be speaking to newt gingrich. stay tuned. he's here in just minutes. equals great rates.

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good morning, everyone. it is sunday, february 14th, 2016. i'm sandra smith. this is a fox news alert. leading conservative voice on the nation's highest court silenced. justice antonin scalia dead at 79. >> and then news of scalia's death set up a showdown over who gets to pick his successor. >> someone on this stage will get to choose the balance of the supreme court. it will begin by filling this vacancy that's there now. >> i think it's up to mitch mcconnell and everybody else to stop it. delay, delay, delay. >> president obama says he's going to fill that ninth seat. republicans say no way. newt gingrich is on deck with his reaction and prediction. and a bitter clash between

jeb bush and donald trump. >> well, donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. >> the world trade center came down during your brother's reign. remember that. >> this morning, donald trump responds. he was right here on "fox & friends." hour four, perhaps my favorite hour, starts right now. fox news alert. america remembering a supreme court crusader. antonin scalia died yesterday in texas at the age of 79. >> his death sending shock waves through washington, setting up a political showdown. >> the president can appoint a new justice before the end of

his term while republicans are already promising to block that appointee and leave it to the next president. the supreme court is weighing several important constitutional issues. joining us now is a man who knew justice scalia and ran the house of representatives, newt gingrich joins us. >> good morning. >> good to be with you. >> i hate to jump right into politics. will the president will able to get his choice for the ninth seat on the supreme court through or not? >> he shouldn't be able to. i think it's pretty clear that the historic precedence are in the last year of a presidential term that there's a bias towards the next president with the votes of the american people picking that person. mitch mcconnell's got to do two things. refuse to hold hearings, have the committee not even consider it. and second, make sure that the senate stays in pro forma

session so the president cannot make an interim appointment. the senators have to reorganize niez their schedule, have a pro forma schedule on a regular basis and say you can send up anybody you want to, we're not having hearings or taking it to the floor. >> having four four and leaving these big decisions to the appellate court. democrats also saying, look, president obama was elected to a four-year term. americans spoke. he was elected to four years, not three years. he has every right to choose a nominee. >> he has every right to recommend. he doesn't have every right to choose. the senate is not obligated to approve who he recommends. sit down with mitch mcconnell and conservative senators like mike lee, ask them who they would approve and nominate somebody in the scalia tradition. obama is not going to do that. obama wants to send up a radical

to eliminate religious liberty, to impose bigger government and more power in washington. and that's his right. i understand that's what he believes. the senate has no obligation to shift this court in the last year of the obama presidency. >> i want to get your reaction now to the debate last night. sparks were flying throughout the night, particularly between donald trump and jeb bush over iraq. listen. >> george bush made a mistake. we can make mistakes. but that one was a beauty. we should have never been in iraq. we have destabilized the middle east. >> i think it's my turn isn't it? >> you call it whatever you want. i want to tell you. they lied. they said there were weapons of mass destruction, there were none and they knew there were none. >> okay. governor bush -- >> i'm sick and tired of barack obama blaming my brother for all

of the problems that he's had. and frankly -- [ cheers and applause ] -- i could care less about the insults that donald trump gives to me. it's blood sport for him, he enjoys it and i'm glad he's happy about it. i am sick and tired of him going after my family. my dad is the greatest man alive in my mind. >> speaker, what did you make of those exchanges? >> probably the best performance by jeb bush we've seen in the entire campaign. and he ought to feel pretty darn good this morning about that. i think trump made a very big mistake in getting into a fight over george w. bush. there may be no state in the country in which republican voters have greater admiration for george w. bush than south carolina. if this degenerates over the next week, i think he'd lose it. the state's not going to vote to repudiate george w. bush. if trump can get back online, i

think he'll be all right. last night was not a good night for donald trump. >> it was about a decision he made to invade iraq in 2003. you had trump coming up and say, that was a mistake. you had other candidates, particularly marco rubio saying no, it was defenseble. which side of that debate do you want to be on in the primary in the general election? >> i think first of all, the outcome of our intervention in the middle east is something we ought to have the guts to look at very seriously. i was for the war in 2003. i still think it was the right decision. but clearly, the things we have tried have not worked under two different presidents. having a debate about what we need to learn and move forward makes sense. going back and relitigating 2003, at least from the standpoint as trump as the frontrunner, is really a very self-destructive thing for him to do. remember, if you're a young voter this year, you were 3

years old in 9/11. i mean, we're -- young people, when somebody's going to look to the future and ironically, the person that's trying to do the best job of that is the oldest candidate in the race, bernie sanders, which is truly weird. >> donald trump earlier on our show defended his performance last night and particularly those questions around the iraq war and 9/11. listen to donald earlier. >> the iraq war was a disaster. it was a mistake. we spent $2 trillion, thousands of lives, wounded warriors who we love all over the place. what do we have? nothing. i think -- the war was a tremendous mistake. i people in south carolina that i know very well, most of them understand -- look, all smart people know that the war in iraq was a huge bungle. it was made worse when obama got

us out the wrong way. i was against the war, but the way he got out was terrible. now, if i'm going to say that and that's going to be negative for me then i'm going to have to say it anyway because i tell the truth. >> that seemed to be one of the huge moments of the debate. mr. speaker, you went after the moderators and the questioning right off the back. we saw a huge spike of course. do you think that that moment for donald trump last night will move a needle in that kind of similar direction? >> no. and if you'll notice what he just did, which makes some sense, if you want to debate, the question is the american policy in the middle east working, trump's going to win on the issue of no, it's not working. whether it's the george w. bush version or the obama version, we aren't where we thought we would be. we've lot a lot of lives and spent trillions of dollars. trump can win that debate.

if he gets sucked back into fighting over george w. bush, he will get battered very badly. >> there's also this moment last night that left a few laughing. marco rubio battling ted cruz over immigration. listen. >> marco went on univision in spanish and said he would not rescind president obama's illegal executive amnesty on his first day in office. i have promised to rescind every single illegal executive action including that one. >> first of all, i don't know how he knows what i said on univision because he doesn't speak spanish. [ speaking spanish ] >> any comments? reaction? >> my general impression is that rubio actually won the debate overall. i broke up laughing watching ted. i thought it was a great comeback on his part.

slightly muddled. i don't know if the moderators and audience realized how much he had responded. in terms of the primary, i think the actual unspoken winner last night may have been kasich. kasich is doing much better in south carolina than anybody expected. he's the guy who didn't get hurt. part of his whole strategy has been to be the nice pleasant guy who doesn't get hurt, talks positive. he didn't compete for the headline, but i suspect he came out of the debate last night with more strength in south carolina than when he went in. >> very quickly, do you think the majority of republican primary voters are for a path to citizenship or against it? >> i suspect the primary voters are against the path to citizenship, but probably most of them are for a path to legality. >> all right. president obama says he will appoint a successor for justice scalia. will the republican-led congress

stop him? and the candidates spar over the economy during last night's debate. >> we are killing ourselves with trade pacs that are no good for us and our workers. >> typical family of four, fix $36,000 you earn, you pay nothing in taxes. >> who has the best plan? maria bartiromo is looking at the numbers with us this morning. she joins us next. >> come on in. >> hello. >> uh-oh. there's a problem in the back. i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com in my business i cbailing me out my i.all the time... i'm not the i.t. guy. i'm the desktop support tech supervisor. and my customers knowing right when their packages arrive. introducing real-time delivery notifications.

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pacs that are no good for us and no good for our workers. >> my tax plan, typical family of four, first $36,000 you earn, you pay nothing in taxes. above 10%, everyone pays the same flat rate. >> the family is the most important institution in society. you cannot have a strong country without strong families. >> here to react is the great host of "sunday morning futures," maria bartiromo. >> trump had a really interesting answer. he was asking, the carrier plant, what do you do about it. he says, they can move to mexico, but i'm going to direct tariffs to make it too expensive for them. will that work? >> he has brought up this issue umpteen times. however, his solution to it, for

me, doesn't necessarily make the grade. you can't just slap tariffs on imports coming in and not think that it's going to have implications. you do something like that for mexican goods coming on, at the end of the day, that's just going to raise the price of goods for the american people. as far as the issue, a plus for trump. he brought this issue up. but as far as solutions, i would say b. i gave him overall an a minus. >> he has said that we are to blame because we like cheap stuff. we don't want to buy one well-made toy airplane, we want to buy four cheaply made ones from china. >> we did. we want the best price and american customers are going to be value conscious. the issue is the currency wars that are going on. many of these countries devalue their currency making their currency so much for attractive as the dollar strengthens.

it's more than just putting a tariff on a price. that's all i'm saying. i think it's the right issue. i think it's smart of him to bring it up. but at the end of the day, i don't think it's as easy as the solutions he's putting -- >> let's talk about marco rubio and the grade you gave him. he continues to talk about this heavily debatd tax angle. you said all along, these candidates need to talk about taxes. how did he do? >> i think rubio's plan is very different from the other plans. i gave him credit for carving out the family and giving people credit for having a family. but the problem is that every other tax plan takes away all loophol loopholes. he doesn't. the question has to become, how do you pay for it. that's what we keep debating about. i think rubio's plan isn't very different than what we have right now. the highest rate is 35%. it's not a flat tax like the

others. i think that tax experts tend to believe a flat tax taking away all loopholes would be better off in terms of actually moving the economy. so i'm giving rubio a b minus. >> oh. all right. >> and then ted cruz? >> ted cruz, i like the idea of a flat tax plan. because i think a flat tax plan would work. the issue here is, it's different than ben carson's tax pran because some people say involved in cruz's plan is a vat tax which you don't really understand very well, but it is going to help foreign countries and it is going to eventually rise. so there is a little noise in the tax plan of cruz. however, i like his plan the best. i think a flat tax plan would in fact encourage people to invest more, spend more, get the economy moving. i give him an aminus just because i think it is a little

convoluted, but i think -- >> do you know what that would do to lobbyists, though? they would have to sell a lot of their summer houses, for real. >> talking about key people to talk to this morning, you have an exclusive with paul ryan. >> obviously budget issues have been front and center this week. we want to talk about his plan to move the needle. we're also going to talk about the budget obviously, but also about immigration. we're also going to get senator mulvaney's thoughts on justice scalia this morning. lot to talk about. >> did you ask ryan why he got rid of the beard? >> i didn't. >> not a good time to shave. >> thanks so much. well, the death of scalia sending shock waves throughout the political world. how big an affect does that have on the presidential campaign? >> he was widely criticized for repeating lines in last night's

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good sunday morning, everybody. some quick headlines this morning. a state of emergency now declared over the explosive zika virus outbreak. hawaii just issuing a warning. the state hasn't confirmed any cases of the mosquito-borne virus, but will now have access to emergency money in case zika does make it to the island. >> a new england boy's boarding school. about 60 students are now sick forcing the school to cancel classes. healthy students are expected back on the campus tomorrow

night. clayton? >> the country reacts to the death of supreme court justice antonin scalia. obama quickly turns it into a part san battle. watch. >> obviously today is a time to remember justice scalia's legacy. i plan to fulfill my constitutional responsibilities to nominate a successor in due time. there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. >> but does a republican-controlled congress have the power to stop the president. good morning, peter. >> let's take a look at the law and let's also take a look at the politics and let's take a look about who is going to be replacing the late judge scalia. he talked about that a couple years ago here on fox. >> i would not like to be replaced by someone who

immediately sets about undoing everything that i've tried to do for 26 years. sure. but i mean, i shouldn't have to tell you that. unless you think i'm a fool. >> of course. so the idea that president obama could actually select a nominee during -- as a recess appointment. >> correct. >> is that possible? >> it is. two things. under article two, there's a shared power between the president and the senate in terms of confirmation. president sends someone over there, the senate confirms or doesn't confirm. the problem is the right under the constitution to act tomorrow, to act today -- >> why wouldn't he do this? >> it's a political issue. the second point of that is he can make what's called a recess appointment under the constitution, lawful. it's been done before. >> what's the precedent? >> it was done by dwight d. eisenhower back in the '50s a

couple of times to say congress is not in session, i intend to send someone to supreme court tomorrow, they will begin sitting tomorrow to ensure there are no 4-4 ties. it's the right thing to do under the constitution, he would say. we can't have deadlock at the united states supreme court. we can't have a year absence in terms of a critical ninth vote on the supreme court. or he can say i'm sending this to the senate for a confirmation. and if you in the republican senate want to fight about it and stop this man or woman from confirmation, then you'll deal with the political consequences. so there's a constitutional basis, but it accept sets up a political war in america. does that person become a pawn in a presidential election year. >> so the president has the power to do it and there's precedent for it being done. is there anything that the republican-controlled congress can do to stop what he has the legal authority to do? >> absolutely.

the senate through its powers and donald trump talked about it last night delay, delay, delay, delay. they don't have to take this person up for a vote. it can be blocked procedurely, but if they do take the candidate that the president sends, then it becomes a political donnybrook. it becomes a question of what is the future of the supreme court and it mimics a presidential -- >> isn't it sad that we immediately go to these battle lines? isn't there not some middle ground here? a nominee perhaps that everyone could agree on? >> let me talk about that. i'm looking at it and i think there's a possibility. the president could make a recess appointment today or tomorrow to fill the late justice scalia's seat on the court, and at the same time thereafter select someone else to be confirmed by the united

states senate. so this president could say today -- >> so a temporary -- >> i intend to point someone that we all love and respect as republicans, democrats, and independents who will do justice in the supreme court and at the same time, send something else for confirmation. a place holder to ensure that justice is done at the supreme court. >> a temporary. >> that's an interesting view and he could make the recess appointment today or tomorrow based on the law, based on the constitution. this is going to be a fight one way or the over. >> always great seeing you. >> good to see you. >> happy valentine's day. marco rubio vowed to bounce back last night after his poor debate performance last week. >> bill clinton didn't kill osama bin laden when he had the chance to kill him. >> our political panel is here and seated and ready to weigh in? and this year's sports

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we have a great political panel this morning. and democrat strategist jessica. it is great to see you all in order. trump's getting all the attention for coming out against the iraq war. rubio basically defended the iraq war. >> he was strong on every issue last night. i love the fact he defended george w. bush. that's what i believe the american people want. they want someone who is positive and will talk about results and solutions. and i think he bounced back. what happened with christie, that was like a temporary flaw. it was not a setback. >> it was so ideological. there really were ideas at stake here. you have trump saying, this is the new party i propose to build and the others saying kind of happy with the party i have. >> when trump says i want to impeach george w. bush, that's -- >> he didn't say that last night, by the way. >> the moderator fairly pointed

that out. for trump to turn around and say let's impeach george w. bush for something most of the democrats were voting for. behind side's 2020. the -- >> i think he was last -- maybe tu trump said that in the past. >> i didn't hear anyone say the iraq was a mistake other than trump. as a democrat and hearing donald trump come out stronger than hillary clinton has against the iraq war. >> i thought it was great. i saw polls circulating. over 60% of them now see the iraq war as a mistake, but they still love george bush. he is delightful -- >> was he able to -- >> he did attack bush a little bit. that was more to get at jeb than george bush. >> rubio said that george w.

bush kept us safe. they do under the current president. >> that's a little bit difficult to argue. i know we talked earlier about rubio saying 9/11 was clinton's fault. i don't want to get into that. >> please don't. >> so jeb says my brother kept us safe. trump says, yeah, except for 9/11. >> rubio pointed out rightly that it was clinton who did not kill saosama bin laden when he d the chance. >> under bill clinton where you had the uss cole -- >> isn't it painful when trump says that? >> the audience was very upset with the fact that trump was trying to blame george w. bush. it was because of clinton wanting to kill the military. clinton being distracted by his

libido. >> it is amazing this is what this has turned into. >> now i really feel uncomfortable as a democrat. >> as you should. >> when the audience takes sides in something like this. at home, they're doing this because they're paid to do it. does that work? >> the issue with -- many for me about donald trump. what we think about it is not what the average american ever thinks about it. what's going on in this country i don't think is necessarily reflected in how we see things. >> that's for shower. >> i think donald trump is offensive on every level. you see polls, banning muslims not such a bad idea, temporarily or permanently. >> when you say something that's offensive, he puts down the audience -- >> he's a bully. >> do we have any idea who people think? >> well, they like donald trump. >> i don't think that south carolina values are trump

values. >> we're going to find out and replay the tape including tape of me making stupid predictions after the primary in six days and we'll -- >> in a week though, with his new york values. >> thanks for joining us. sandra smith has your headlines. >> riveting conversation. a fox news alert, a mississippi police officer is in the hospital right now after being shot in the head overnight. that officer was responding to an armed robbery when the masked suspect took off running. the cop chased him before he was shot right in front of the police department where fellow officers found him. no word yet on his condition and the search is still on for those suspects. millions of viewers' tax dollars going into the pockets of questionable v.a. doctors instead of helping our veterans. a report shows in 2014, $23 million went to more than 2,500 v.a. employees who were put on

paid leave. some out of the office for a year. lawmakers say the feds don't have the means to discipline problem employees and they stay unpaid leave for far too long. up to $25 million of annual funding headed to the 9/11 memorial. the controversial bill passing congress despite opposition from the obama administration over how the money is spent. some families of 9/11 victims also objecting to the memorial being operated by a private nonprofit whose ceos are getting large salaries while visitors are paying to see some exhibits. the ground zero site now officially considered a national memorial. here it is. sports illustrated upping its game with not one, not two, but three swim suit issue covered. hailey clauson, ashley graham and ronda rousey. it's the first time the magazine

has released three covers for its swimsuit edition. graham's cover is being praised for including women with different body types. >> she's a rookie. she -- >> they don't look so different to me. >> i was going to say. >> believe me, they've looked very closely and tucker's decided -- >> she's -- who cares. that looks fantastic. >> they all look beautiful. >> to the weather now. >> do you know any man that likes stick thin women. >> i'm not weighing in on this debate at all. >> you'll take a stand on everything else. >> by the way, that dress is fantastic. so from hot to cold. extreme weather wreaking havoc on the northeast with temperatures dipping into the single digits. the brutal cold, if you haven't noticed, being blamed for a fatal 50-car pile-up in the state of pennsylvania.

at least three people were killed. more than 70 were injured in that pile-up. rick, everybody's talking about it this morning. it just feels dangerous outside. >> it is dangerous. in fact, this is the coldest air mass in new york city now in 22 years. in boston, since 1957. it's not just play cold. it's really cold. we've got the hardiest fans ever out here. you know it's zero outside right now. you guys are from florida. >> that's correct. >> reporter: so this is a big difference. how long have you been standing out here? >> about 15 minutes. >> reporter: take care of yourselves. >> that's what we feel like. >> reporter: take a look at the maps. we're going to show you what's going on here. zero right now in new york city. it is still minus 5 in boston. the windchills are far cooler than that. you can see that cold air mass across areas of the north. good news here.

it's not going to last that long. we're going to see a big warm up in the central part of the country and eventually into the northeast. that's on its way. it's very good news. in the meantime, a little bit of snow today across parts of the ohio valley, tennessee valley. get ready for a sloppy day tomorrow. it's primarily rain. starts off with snow and then rain across the coast. back into the 50s by tuesday. >> it's actually going to warm up pretty quickly here. thanks. >> they fled already. justice scalia's death sending shock waves throughout the political world. geraldo rivera is next with memories of the conservative champion. >> and what effect will it have on the presidential race on the democratic side? ed henry joins us in just a minute. stay smart around the boat ramp. make sure you've got your partner behind to watch. there he is!

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americans remembering perhaps the most famous and vibrant member of the supreme court, iconic justice antonin scalia died yesterday. he was quail hunting in texas. he was 79 years old. sets up a rare opportunity for president obama to appoint a nominee, perhaps a recess nominee. ed henry joins us live this morning. and the affect on the democratic contest. >> hillary clinton came out with a statement, both saying that president obama should have time to put forth the nomination even though the republicans in the senate, as you know mitch mcconnell and others already saying, look, we're going to stop this, we're going to block it. i understand the pressure on mitch mcconnell. you have conservatives around the country who think these republican leaders in washington

are just pushovers for president obama. they want to try to stand strong in their eyes what they believe is the principled move and hillary clinton and bernie sanders are going to be saying just the opposite. hillary clinton in that debate a few nights ago, i think she mentioned president obama 25 or 30 times. his legacy is her legacy now because she's struggling so much. i'm heading to nevada later tonight because the polls have tightened there now with bernie sanders. if she loses nevada or wins but just barely makes it, there's going to be more hand wringing among democrats. republicans want to stand strong in their eyes and block whatever nomination comes forward. this would hand hillary clinton is big weapon. if she could say look, these mean republicans are blocking president obama's nominee, that's going -- >> without even seeing who the nominee is. >> she's going to say it no matter what. that's the other part of the

scalia legacy. let's not forget the legacy of the man who vice president joe biden who disagreed with justice scalia on almost anything said that his biggest regret of a vote in the senate was confirming justice scalia. was it because he disliked him? no. he said because he was so effective. that is something coming from a democrat like joe biden who's being honest and candid there that justice scalia was a principled conservative, highest integrity. look what we have in the presidential campaign right now. hillary clinton who's been flip-flopping on almost every major issue. and then on the republican side last night, a lot of platitudes about justice scalia. i didn't hear a single -- i didn't hear any of them lay out what their conservative vision for the country is to be fair here. hillary clinton has her problems, but so do some of those republicans on that stage as well.

>> as chief white house correspondent, what are your sources telling you? >> they're being very tight lipped about it right now. i don't know just yet because they're trying to be careful to let the funeral move forward and all of that. a recess appointment though, my gut tells me that it seems even more radioactive. they might rather just have the issue of putting forth someone who the president thinks is more than qualified and let republicans block it rather than doing a recess appointment that's another obama executive action that might blow up for him. >> if we can put politics aside for a second, you knew justice scalia on a personal level. >> and not very well. i don't want to exaggerate it. a friend of mine said justice scalia wants to come to a party before the dinner. everybody always says, these dinners it's all about celebrities and nonsense. so he was on his way. one of his security guys called

me. he was running late. that's my daughter. they said, he's running late, he's in traffic. i ran downstairs to get to the dinner. i forgot one of my friend's tickets to the dinner. i ran to the room and justice scalia was showing up and there was nobody left in the party. i was thinking, god, this guy's going to think i'm an idiot. he spent ten minutes talking to my daughter. she was the only one left at the party. ten minutes as if she was a justice on the court. he treated her like a princess and that is class all the way. >> she's now a staunch -- >> she's now become a conservative in the scalia mode. >> thanks, ed. i love it. up next, geraldo rivera knew justice scalia personally. he's going to join us. that's next.

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going more into the loss of one of the most vibrant voices on the supreme court, answer intense battle, who sits in the ninth seat? president obama vows he's going to appoint a new supreme court justice, the senate says no why. why some say the american people should pick when they pick a new president this fall fall, geraldo joins us. justice scalia, and it is impossible to overstate how important he was to the conservative movement. more than in this thain perhaps

buckley, he helped manage and manage the thrust of the conservative movement. he was the godfather of the conservative movement in many ways. i think his loss will be sorely felt. this is a cataclysmic blow i think to the to the conservative movement, i don't know anyone as intellectually glib, as affable yet as sharp constitutionally speaking as justice scalia. also, he was as the first italian-american justice on the court, he was a hero among soening in the italian-american community. if it's impossible again to overstate how he was to that community, so he will be very sorely missed in those areas as well. in terms of the personal relationship, like ed henry, i

don't want to overstate it. we have had several conversations, but that correspondents dinner that ed references, i was justice scalia -- bill o'reilly and i were justice scalia's date. he sat right between us, for the entire evening citizens united was on the lips of everyone, that very controversial decision that gave birth to the super-pacs, and it is stark money that's flowing in. it had a monumental impact. he was very open, as he always is in the social situation. whether you were right, left or center, he was so personable, so care mattic, so affable. he was -- he didn't back down at all when the liberal mainstream media was attacking him. he was strong in that case, very evenhanded. he was so frank.

he will be missed sorely in terms of all these 5-4 decisions. abortion, affirmative action, immigration, his vote that was obviously considered a cinch for the conservative side, it becomes 4-4, what happens to lower court rulings, i just want to talk politics for 30 seconds. you have several scenarios. my friend donald trump said delay delay delay, president obama said in due course, he's going to nominate someone. so you have this gamble. president obama if he has any chance of getting someone confirmed this late in his term to the supreme court of the united states, this crucial ninth vote, it would have been to be a consensus candidate, probably a liberal, moderate republican candidate, but if the republicans delay and they force it past the election, what if they lose the election and then the democrats can --

>> they're not holding their -- thank you for your perspective and memories of him this morning. more fox, next. and the lowest taxes in decades, attracting the talent and companies of tomorrow. like in the hudson valley, with world class biotech. and on long island, where great universities are creating next generation technologies. let us help grow your company's tomorrow, today at business.ny.gov

. couldn't do it. and packed so much in the show. >> happy valentine's day. \s good sunday morning, everyone. i'm maria bartiromo, welcome to "sunday morning futures." remembering justice antonin scalia. plus the debate over his replacement. fireworks. six of the remaining gop candidates trading jabs last night ahead of the critical primary ahead of south carolina. who were the winners and losers ahead? plus mice exclusive interview with house speaker paul ryan. his take on immigration and the state of the economy today, as we look ahead on "sunday morning futures."