night in the debate said the guy is a liar. i never heard another politician call directly another politician a liar. i heard it happens. rubio is calm sort of guy, especially when he is under pressure he gets real calm -- he understood that. this guy right there. [laughter]. but he actually called ted cruz a liar. he is a liar. so, what happened, i just get out of the car, and fox said, ted cruz, here is the opposite. he apologized to carson after the event. what good does it do? carson said, i lost all the votes. he apologized to him, should have apologized to me also because frankly they would have won. but he apologized, he said i like to apologize to you ben. the election is over. what they should do, if iowa had any guts, people from the republican party, they don't, should disqualify him from

winning iowa, i really mean it because what he did was a fraud. so they should disqualify him from winning iowa. i just want to tell you i'm pro-life. i just wanted to tell you i'm the strongest person on the stage for the second amendment. other things i guess he is going to say, take whatever i say, just sort of go in reverse because, so his whole deal is he will lie, by the way, these are lies. he will lie and after the lie takes place, after the election's over he will apologize. oh, thanks, that is so nice. maybe he will write a letter because i don't think he will have guts to apologize to my face. i want to tell you i haven't seen anything like it. strong with the second amendment. one thing about ted cruz i will say, during the previous debate they talked about waterboarding he couldn't answer the question. he was mumbling, fumbling, stumbling. he couldn't answer because -- he thought waterboarding was tough and he didn't know how to answer the question. you could see it. get a transcript, you have to see it to really understand it.

then they went to me and said what do you think? i think water board something not tough enough. i would go a step beyond waterboarding okay? [applause] i gave a very fast answer. so ted is very weak on immigration. he is extremely weak on illegal immigration. if it weren't for me, you wouldn't even be talking about illegal immigration just so you understand. you wouldn't even be talking about it. the reason i go on and tell you about this, who the hell wants to take two million dollars of cop americaals when i have enough cam weres to get the word around. please, press, get the word around. for $2 million i can probably almost get the word out. always tough to fight a guy when he says whatever he wants to say. but he is very weak on illegal immigration, very, very weak. he was an amnesty guy 100%. he said it. he was an amnesty guy. but he is probably in a certain way the weakest on illegal immigration. i would say that for jeb bush, who i don't think will do very well even though his brother is

many coulding into town which is of course lovely, ever ask yourself why his brother went silent for all these years? don't ask yourself that. his brother is coming in. it is nice. frankly i think he should have used his family a long time ago, would have been better. why don't you use the last name. better than hypen or better than exclamation points. so, i just want to say, when it comes to the candidates, we will do a job. i'm not influenced at all by anything having to do with money. when i have to telford, you got to move back, we're not going to let you do this, when they build 2 1/2 billion dollar plant, no special interest groups. i know most of them. they're great. they do a great job. donald we would like $1 million for a month and we think you can convince them what you want them to do. these guys are fantastic.

but no good, no good for the country. andrea: that is donald trump. you just heard him in south carolina after that fiery debate over the weekend taking shots at other gop candidates. also seeming to clarify some of his positions and in true trump fashion. open it up to the couch. guy benson, you think of trump in south carolina? there are moments when you watch. this is always the way it has been, you go yes, yes, yes. you go huh. how did you feel about watching trump just now? how is he handling this. >> how i always feel watching donald trump, stream of consciousness. some interesting insights. a lot of nonsense. the reason he called ted cruz a liar about 17 times there, said that ted cruz has always been for amnesty by is bonkers. that is not true. andrea: why doesn't he take a shot at rubio on immigration? >> he has. andrea: he goes after jeb with the personal history we've seen for some reason. he seems to be focusing on cruz.

doesn't really bring up rubio? >> he has attacked rubio on immigration, both he and cruz were for amnesty. they would both dispute it. they have the whole side battle on issue. the reason ted cruz brought up donald trump's record on second amendment and issues like abortion and other things because donald trump has had multiple positions on everything. so he can say right now, i'm the best and strongest on the second amendment. i'm pro-life. it is a lie to say anything else but there is videotape of him saying other things which is why ted cruz is highlighting those issues and that is not a lie to point out what donald trump has said, believed and done over his entire adult life, most of which he spent in the democratic party. andrea: katie, i get why he is focusing on ted cruz in south carolina. that is his biggest competitor. down the road could be marco rubio. >> could be. andrea: what do you think about all the candidates training their sights on trump? do you think he is able, as he said with earned media he

generates everywhere he goes, and he said these things before, guy. he made a lot of these comments before, guy. voters don't seem to care. will they start caring now? >> it depends. we've seen past couple months pointing donald trump's record, his record shows opposite. you can go out and campaign a politician does and change your positions but his record shows differently that he supported very progressive policies. so far it hasn't necessarily worked. it worked in iowa. ted cruz's ground game -- >> he said that was a defraud. >> a defraud of the iowa. previously it hasn't really worked out for candidates to go after donald trump. but i think after the debate that we saw with him imploding basically 9/11 truther, defending planned parenthood, in state like south carolina -- andrea: found a full truther. i've seen that on line. it is a little bit of a stretch.

>> looks like he is beholden on to one group. moveon.org, given cuckoo for cocoa puffs. >> iowa, it is breakup. i dumped her. >> he carry as grudge. he will pull marco rubio's hair in another debate before it is all over. andrea: to see candidates evolve, john mccain and mitt romney took fairly liberal positions and sided with democrats. you scratch your head, say the party has done it before, why is this different? >> overall records were conservative where trump's -- andrea: mitt romney was very, very liberal in massachusetts. john mccain sided with democrats a lot of the time. >> trump looks like. of a shape shifter than hillary clinton does. andrea: much more on the race for the white house. we'll talk about shocking death for scalia.

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♪ andrea: there are growing questions how the death of supreme court justice antonin scalia will affect the gop race for the white house t could fire up conservatives like no other issue before and that may benefit senator ted cruz who's extensive legal background includes arguing before the high court. cruz himself says the election should be a referendum on the court, adding that he can't wait to debate the issue with the democrat. watch. >> i don't think the american people want a court that will strip our religious liberties. i don't think the american people will want a court that will mandate unlimited abortion on demand, partial-birth abortion with taxpayer funding and no parental notification. i don't think american people that want a court that will write the second amendment out of the constitution. andrea: marco rubio says the

supreme court vacancy only raises the stakes of electing a president even higher. >> we have election in november. we'll have debate about what kind of justice should replace scalia. voters get to vote for new president. this will be part of their calculus. we will wait until after november before we confirm any justice before the supreme court. the president can nominate whoever he wants. senate will not act. that is pretty clear. we can debate it but we're not moving forward on it, period. andrea: meantime when it comes to how important supreme court appointments are votes on president. "washington post" poll find 54% of the voters consider it extremely or very important. 43% say it is somewhat or less important. but in that very same poll, 61% of the conservatives say that judicial appointments are extremely or very important. and i would say, that is, that is how i feel, guy. elections have consequences. this is a huge, pivotal moment for the republican party.

so who is best suited to articulate the strongest case in nominating a conservative? i think best answers in the debate came from ted cruz and marco rubio. this is real clarifying moment in the race. i hope republican voters wake up and say, wow, with scalia wrong, time to get serious. look at balance of the court. over last few years 5-4 decisions hanging by a thread upholding religious liberty about, freedom of speech, second amendment. 5-4 decisions. scary to me it is even that close. the next president will have opportunity not just to replace scalia and but pick at least one or two additional justices this is not an election that people who care about the constitution can afford to lose. so i know there is a lot of venting and anger in the political system right now but this is serious time. tough win this election in 2016. andrea: right. there are so many issues before the court currently, dagen, that are critical. you look what happened last year with gay marriage and obama

care. sharp about face by justice roberts who has been very, very controversial. a lot of people, i was one of them, looking at ruling on one case. using exact opposite logic on the next. i'm waiting for republican to come out to say the supreme court should be stripped of its funding because it is not functioning properly. it has become politicized court not doing its job in the eyes of many conservative. >> why in this election year who is elected and who gets to appoint, assuming that the senate does not pass somebody or put somebody on the high court nominated by the president, it becomes more critical this year than it would in years past because of the makeup of the court. the court is basically changing the fabric of the country, if you will in recent decisions. one thing that could hurt them, what if the senate does move on obama nominee to the court? that would hurt cruz and rubio because they're still in the senate. if they can't somehow work against that, you don't think that will hurt them if they

vote, they vote somebody on to the high court? >> they won't though. the base, the base would be in open revolt, open revolt. i would join them. i would like, where is the pitchfork. >> basically open revolt my question for kelly ayotes of world, other people moderates do they get enough pressure. >> they do need the base. >> they need base and independents. if this becomes issue of filibustering being i'm not sure. i will i agree with you 100% this is clarifying moment for republican primary. on other hand ted cruz i am confident if he were to become president would appoint somebody in the scalia mode. no question. he is former clerk of the court. knows the court more than any other candidates. trump rum would appoint, he thinks that marion berry in a federal judge over in new jersey would make phenomenal supreme court justice, not that she he will appoint her. she is pro-choice. you have a clarifying moment here where you're right, things just got real.

it is not a joke anymore. things got real. if i were a conservative take a second look for ted cruz if i weren't before. if you care about the court that is your guy. andrea: katie, this is moment for the country. the court decides political and cultural decisions that we ever talk about. >> justice scalia was on the court for three decades. thank god he was. these are lifetime appointments and people need to take a step back, to say what does the future of the country look like when it comes to the president to sit there for another 30 years? andrea: familiar headache for hillary clinton's campaign is getting a lot worse. grab the a leave. the state department aleve. state department releases 500 emails from her server. why they are doing her no favors when it comes to the next batch set for release. diabetes, steady is exciting.

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♪ >> hillary clinton having trouble, shaking a problem that is getting more and more serious as the state department dumps another batch of email from her private server. over 500 emails were released over the weekend.

among them, 84 contained retroactively classified information, including three marked secret. any dam control by the campaign may be short-lived. all. mails must be released by february 29. the day before super tuesday, folks in 15 states will cast ballots. andrea, do people care about the emails or damage has been done? the fact that she had the server in the first place makes her look like well, she is dishonest or up to no good. andrea: i don't think email dumps are specifically reaching voters. i think her candidacy is tainted, not on the democrat aside, don't think this is problem that she potentially caused the largest national security breach in history. dagen, it is cut and dry. she committed a felony and we know this by the looking at email dumbs of the we know the from the last batch, took sap, most classified information took it and put it on open

architecture server. you can not do that her staff are all complicit in this, giving her aliases for emails. you can not as you mentioned have a private server. it is a felony. clear as day. minimum 10 years in prison. the question when fbi recommends charges which they do, which i think they will the doj indict? i said from go i do not believe they are in on this. they're all complicit and white house knew about it and they're all covering for her. >> there is drumbeat effect here that is part of the release process. these are emails her lawyers didn't unilaterally delete with no supervision which some have been proven related to the work which she lied about. this woman last march held a press conference at u.n. said there is no, was no classified information on my email server. we know that is false. 1700 times over. and in the last batch, 29 of those emails were top secret or higher. they were not retroactive.

>> in fairness to her, i don't defend her on emails as you know often i think it was stupid, stupid thing to do, in fairness to you, they weren't classified when she sent them wrong. >> no. that is factually wrong unfortunately. >> here's the problem, they keep saying this. the problem is this. a lot of these were retroactively classified. >> a lot of them were. not all of them. >> doesn't matter. >> the problem for her is this, she has massives massive trust deficit among democrats. doesn't have anything to do with emails. i don't think emails is. she has 20 years of democrats not believing her for any reason. this is underscoring what a concern is yes bernie sanders is doing so well. >> ream quickly, katie. 91% of the voters, democrats wanted trustworthy and honest candidate went for bernie sanders. don't tell me this doesn't hurt her. >> we'll find out from hillary clinton -- andrea: will we find out what yoga poses?

do we know? >> all handling classified information. >> see how loyal they are to hillary. i don't want to know what growing today poses she is doing. that burned into my brain. >> she is doing the crow that i've been trying to do for three years and i don't. >> i will with teach you how it is done. >> let's do it. >> justice antonin scalia the battle over his replacement and whether the president should even put up a nominee.

andrea: thank you to guy benson for joining us today. we're going to continue this conversation on "outnumbered overtime." foxnews.com/overtime and or tweet me@andrea tantaros. see you back on air tomorrow. have a great day.