factor" special. please remember the spin stop here's because we're looking out for you. breaking tonight. republican front-runner donald trump opens up a new line of attack in a move that some have suggested could tear the gop apart. welcome to the "kelly file" everyone, i'm sandra smith in for megyn kelly tonight. it started saturday night at the final debate before south carolina's primary, donald trump launching an all-out assault not only on fellow candidates but the reputation of the last republican president. george w. bush. take a listen. >> obviously the war in iraq was a big fat mistake. 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 think he should be impeached? >> i think it's my turn, isn't it. >> you call it whatever you want. i want to tell withdrew. they lied. they say there were weapons of mass destruction. there were none. hay knew there were none. >> the next day the "washington post" headline reading "debate rips over gop wounds and party risks tearing itself apart." "the post" noting the series of deeply personal ferocious attacks the candidates lobbed at one another as well as suggestions by mr. trump that president bush deceived the american people. some are now likening his remarks to a democratic talking point. but mr. trump wasn't done repeating his attacks against george w. bush on the sunday shows and, again, today in south carolina. >> the world trade center came down during the, you know, reign of george bush. it came down. i'm sorry. but we weren't safe. the world trade center came

down. you obviously had the war which was a big mistake. i think few people would say the war in iraq was a positive. you had him on the aircraft carrier saying all sorts of wonderful things how the world was essentially over. guess what? not over. and you know, the war with iraq is a disaster. >> all right. those comments coming just hours before president bush hit the campaign trail on behalf of his brother, jeb, in south carolina. the former president had a few choice words about what it takes to be commander in chief. in moments former bush senior adviser karl rove is here to react. plus we'll ask two iraq war veterans, pete, and carl higby, what they think about mr. trump's comments. we begin with trace gallagher reporting first from our west coast newsroom on the former president's campaign event. trace, good evening. >> reporter: sandra, good evening. for seven years the former president avoided politics like the plague and while he has done some private fund-raisers for his brother, this is the first public appearance of the campaign for george w. bush.

and he's beginning a very friendly territory, both george w. and his father won their respective south carolina primaries and according to a private poll conducted by a former chair of the south carolina gop, w's approval rating among south carolina republicans is at 84%. bloomberg puts his national approval ratings among republicans at 77%. the numbers are even higher among military members which is why some experts say attacking the former president's strategy in the war on terror can easily backfire. confidants of george w. say he's campaigning for his brother because he believes jeb can rebound by pulling off a surprise in a key early state like south carolina. watch. >> presidency is a serious job that requires sound judgement. and good ideas.

it's no doubt in my mind jeb bush has the experience and character to be a great president. >> those close to the former president call our cousin publication the "new york post" george w. bush is skapt investiga captivated by the 2016 campaign and amazed so far republicans prioritized donald trump's anger over jeb bush's qualifications. listen again. >> americans are angry and frustrated. but we do not the oval office who mirrors and inflames our anger and frustration. >> we need someone who can fix the problems that cause our anger and frustration and that's jeb bush. >> at one point the crowd chanted they miss george w. bush. the former president is now hoping to keep that love in the family. sandra? >> all right, trace gallagher, thank you. my next guest served in the bush white house and has indepth knowledge of what president bush did and did not know.

karl rove is a fox news contributor and served as senior adviser and deputy chief of staff to president george w. bush. good evening, carl. what do you make of donald trump in that press conference today doubling down on his criticism of the former president and us being in iraq and the war in general? >> let's take those three things he said today and earlier. he said the cia warned of 9/11, bush warned of wmd, trump said he said loud and clear, do not go into iraq. all three of those things are absolutely wrong. let's start 9/11. george tenant's knew there would be an attack. he hasn't read "in the center of the storm." if donald trump had any passing knowledge of what george tenet said he would not have staid what he said. on page 160, george tenet says

that they received on september 10th yet another bit of chatter indicating a potential attack on the united states. it sounded very much like all the other warnings we received in june, july, august, and early september. frightening but without specificity. the entire government was on high alert but didn't know what was coming. so the idea that somebody could have stopped 9/11 based on the kind of information we had available on the time is simply nonsense and trump's quoting supposingly george tenet saying he knew in advance of the attack is simply baloney. >> clearly, karl, you're clearly refuting the claims that trdona trump made today. where do you think he's going with this? why do you think, particular in the state of south carolina, where we know as that poll just pointed out that george w. bush's favorability rating among south carolinians is about 84%.

why there, why now? >> it's hard to explain why he does what he does. he's trying to hold on to a quarter of the vote or third of the vote he's got in the state and may say, okay, fine, 80% of republicans like bush, 65%, 70% think i'm completely insane on this issue but i'm trying to hold on to 25%, 30%. by perpetuating these myths, you know, it's just amazing to me that he gets away with this stuff. >> okay. say, for example -- >> you say he's getting away with, karl. i want to talk about what this means for the party because we just pointed out this "washington post" piece today. the debate ripped open gop wounds and party risks tearing itself apart. do you believe that's happening? >> i look at it slightly differently. it is going to be difficult for anybody to united states the party, if it's anybody but trump, is going to have difficulty because there's going to be some element of the party, 15% or 20%. bush lied about wmd.

we had a national commission headed by a juror, a democratic u.s. senator who investigated that issue including who -- there was no effort to mislead the american people about the intelligence. we had a british royal commission that studied the same commission. the left wingers say that kind of stuff. donald trump by bringing it up is going to take some element of the republican party. if he loses the nomination, it's wi going to be difficult to get those people back in the fold. advocates who supported sfw eed w. bush, you think he's going to be entheusiastienthusiastic? >> we have to leave it. from your take and knowledge of the george w. bush white house, will this be effective in turning around jeb's campaign? >> it will be helpful. the former president had endorsementes shortly before we lost the new hampshire primary. it's not necessarily just positive. i would say one more thing, it's

not just bush versus trump. you saw the other night in the debate three other candidates came to the response. marco rubio gave one of the most powerful supports of bush saying he and his family were grateful every day that george w. bush was president on the night of september 11th, not al gore. donald trump is making -- he makes the claim he said loud and clear, do not into a iraq, that's complete baloney, a lie. not a single statement he makes for 14 months after the beginning of the war in which he said to not go into the war, in fact, he said in january on cnn that bush was doing a great job and, quote, either bush has got to do something or not do something about going into iraq and even after the war began, he was supportive of it. it's baloney. villone any. >> karl rove, thank you. all right. so how is mr. trump's language on iraq viewed by the americans who actually fought in that war? we're going to bring in two veterans. pete is an afghanistan and iraq war veteran and fox news contributor. carl higby is a former navy

s.e.a.l. and by the way, a donald trump supporter. >> i am. >> so i got to ask you, after everything we've just heard, why do you -- and i point out your credentials, you've served from 2003 until 2012. former navy s.e.a.l. you did two deployments in iraq. why do you think donald trump is the best guy for the job to lead this country and lead the military? >> we need to look at first four things. i have immeasurable respect for george w. bush but jeb is not his brother. that's fundamental fact. i look at a guy like donald trump who has consistently -- he has set a goal, surrounded himself by the right people and performed and then accomplished the goal which i see just the same thing. i mean, was a mistake to go into iraq? we can armchair quarterback all we e want. the fact of the matter is donald trump will set goals. systemic goals to disassemble isis, destroy them and take them off the face of the earth. >> what about the challenge he doesn't have the experience? i've heard that from you before. >> absolutely. the fourth point you forgot is he trashes everybody he doesn't agree with. in this case he's trashing the iraq war and veterans alongside

it who fought valiantly for it. using points from moveon.org. in the iraq surge, we turned that war around, won the war, handed it to barack obama and he failed and left it to fall to isis and donald trump has the audacity in a republican event to stand up and say it's george w. bush's fault that 9/11 happened, iraq war is a disaster because of him. every veteran of iraq should be defended by that statement. i don't know why vets back him on those statements because he -- >> i back him because he's going to take the lawyers off the battlefield. look -- >> a lot have said that, by the way. >> donald trump is the only one i believe will do it. i have a lot of respect for george w. bush but his hearts and mind mission was not conducive to winning the war. i don't think we were winning the war. >> the surge won the war. in fact, joe biden said in 2011 this war is won, it's going to be a success for the obama administration. why isn't donald trump talking about that? why is he litigating 9/11 and iraq war shooting inside the tent at this republican debate? it's not helpful. >> let's go back to the fact

karl rove was refuting these claims that donald trump said he was raising a red flag saying we shouldn't do this in 2003, in 2004, he's saying it simply wasn't true. i heard you under your breath say, that's true. >> uh-huh. >> you are a big believer that donald trump is waving saying he was saying this is a bad idea, but he never -- >> in his book in 2000, he talked about how he believed that they probably had nuclear weapons, weapons of mass destruction. there's no public utterance he ever made against the war in iraq, a year after he started talk about how he thought it was a bad idea. that's fine. a lot of people shared that perspective. when it's tough, if you stick with it, you can have a good outcome. >> ari, are you unique in that you're a war veteran and support donald trump or are there others in the military community you speak with that support him as well? >> an overwhelming number of my friends support trdonald trump. they see a conviction behind a man. you saw w. speak with jeb. it's two different people. i would re-elect george w. bush

in a heart beat. >> why not jeb? >> jeb is not his brother. >> what about him, though? >> he's a noodle. he's soft. >> that's not a pro-trump argument. that's an anti-jeb bush argument. >> my pro-trump, i see someone like donald trump who's set goals, met them and continued to strive forward. i think he has the conviction -- >> how do you build a bigger, stronger army that no one would mess with without increasing defense spending? how do crow you defeat isis -- said writing off ground -- >> what is the biggest quality you look for in a president. >> what i love about donald trump, he fights political correctness. i want somebody who's going to rebuild the military. >> who's that guy? >> marco rubio, ted cruz are focused on talking about those amount of things. marco rubio showed in the last debate he understands foreign policy, wants to rebuild the military. donald trump talks about vets all the time. always in a terminology of victimhood. feeling bad -- marco rubio

fought for v.a. accountability for a long time. so i appreciate that donald trump -- >> so talk real quick, you want to point out this piece in the "weekly standard" veterans shouldn't trust trump. they point out his mocking of a war hero, jk swohn mccain at th very beginning of his campaign how everyone so easily has gotten over that and forgotten that. >> what it was is john mccain is a senator in the state where we had the worst v.a. stand candal history and nothing was done. >> john mccain was there, he fought for it. >> call it a talking point, whatever you want. nothing got done. nobody got fired. you've been on tv yourself saying that. to one more point also, the people who think that the military is not as strong as it was are absolutely wrong. the fact of the matter is the u.s. military is strong because of the people in it right now. >> like this guy. >> to pete's point, we're strong because of the people in it. you can downsize us 10%, whatever, we're just as strong as we were. >> what does a military, a u.s.

military look like under donald trump as president? >> i think we see isis gone in two years, put 250,000 boots on the ground. that's not a popular comment. set the threshold, if you do this, we'll do this. the red line in the sand obama failed at, donald trump will not fail that. he'll set the red line, set the criteria and defeat isis. >> all right. thank you to both of you, great to have both of you. thank you for your service as always. ahead we're getting new and personal stories about a man hailed as the most important conservative voice on the modern u.s. supreme court. james rosen is here on the life and legacy of justice antonin scalia. two lawyers who worked closely with the legal legend are here to share behind the scenes stories, some you have not heard. plus, mark hanna, rich lowery on what promises to be a messy political battle ahead over justice scalia's potential successor. and later new york's former governor, eliot spitzer, he's back in hot water after a woman

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american history. supreme court justice antonin scalia died saturday at the age of 79. mr. scalia was nominated to serve on the highest court in the nation by president ronald reagan in 1986. in the 30 years that followed, justice scalia defined himself as one of the most powerful and reliable conservative voices the modern court ever saw. we're joined tonight by two men who knew him well. personally. ed walen clerked for justice scalia and president of the ethics and public policy center. thomas dupri is former deputy assistant attorney general who argued cases before justice scalia. we begin with chief washington correspondent james rosen for more on the life and legacy of this legal giant. >> sandra, good evening. with the death of justice scalia, the supreme court has lost not only one of its most brilliant legal minds and consistently conservative voices, but a true character, down to earth and bursting with mischievous wit.

a feature of scalia's jurisprudence was he had a well thought out theory for how judges are supposed to go about the business of interpreting statutes and behalf of this theory scalia was a tireless evangelist. he called it textualism. the theory holds when judges decide what a law means, they should really only consider the text of the statute, itself not the legislative intent behind the law or foreign court rulings on similar subjects and so on. this fed justice scalia's -- a living, breathing document, an instrument that can expand and contract according to the needs of the day. that way scalia thought lies tyranny. when the bill of rights and amendments can be interpreted to mean something right in every generation by simply who gets elected. if scalia's provision of the law never presavailed on the course he never sat on the bench as a reliable conservative majority. that never stopped scalia from

having fun on the job, liveliest of the justices, gave to p peppering them during oral arguments. one case the issue at hand had to do with accommodations or disabled golfers and how far that could be taken in competitive situations. whether if this accommodation were granted henceforth little leaguers meeting certain standards would be granted a fourth strike at the plate. he was also a creature of habit. legend had it that scalia dined at the old avy restaurante, an italian place on new york avenue every day for 40-odd years. i was privileged to be his guest for lunch at the a.v., the two of us on a couple occasions. because we were off the record scalia spoke freely about the people and events of our times. if you didn't keep it prominently in mind you were seated across from one of the great legal minds of our time, you could be lulled into imagining you were dining with an e vunitalian uncle, made me

vegetables off his plate, ordered lunch for me, insisting i eat a dish i could not abide, and one time the justice cave me a ride back to fox news in his car with me as a passenger. he was not immune to a bit of road rage. sandra? >> james rosen, thank you. here with more, ed walen, thomas dupree. good evening to both of you. >> goiod evening, sandra. >> care to share any of the stories? "the wall street journal" did a piece, justice scalia's legacy. a boston university law professor, he ranked justices according to the laughter that they elicited in oral arguments and concluded justice scalia won the competition by a landslide. >> well, he had so many wonderful qualities from this deep faith to his pervasive sense of joy to a certain mischi mischief. he worked us clerks hard and was intimidating to give our work product but we were amazed to

see how he would refashion it to make it disthinkiveinctively hi. we appreciates the good quality in many people. we know his famous friendships of people who did got share his ideology. he believes so much in the invigorous argument that he was happy to have as friends people who didn't agree with him and he appreciated the good qualities that they had nonetheless. just a wonderful man to be around. >> thomas, how will you remember him? >> well, i remember him in preparing for arguments in the supreme court. you always had to be ready for the questions from justice scalia. he could cut you to the quick. immense intelligence, a wonderful delightful temperam t temperament. he was a true intellectual, transformative on the court through the power of his written agreements that were beautiful, the way that he saw the law. he truly understood when judges deviate from the text, from the text of the constitution, from

the text of our laws, that's very dangerous. it's an opportunity for mischief because it enables the judges to basically write their own political prechbs political preferences into the law. he was cautious about that. >> what do you think his legacy will be? >> i think so long as future generations of lawyers and law students are reading opinions they will savor justice scalia, including his dissents, the most collective, colorful reading you will find. look back to his second year on the court, morrison versus olson. he said this wolf comes as a wolf. that opinion now is widely regarded across the ideological spectrum as wise and right and i think that when we get past the political hot buttons of the day, people will recognize that the deeper wisdom embedded in so

many of his dissents. >> as we listen to everything that you two have to say about him tonight, both on a personal and a professional basis, you wonder what the process to replace him is going to look like. >> well, first of all he's irreplaceable. pretty much everyone will agree with that. that will be interesting to see what happens. certainly the president was very aggressive. surprisingly aggressive coming out within hours of the news saying he was determined to appoint a successor and get him or her on the bench as soon as possible. i think right now, frankly, it's a gut check for the senate. we'll see if the president follows through with what he promised. see if the senate permits that nominee to move forward through a hearing and vote. it's certainly going to be very interesting times over the next few months. >> ed, thomas, thank you both for joining us tonight and sharing your stories. ahead, president obama will nominate a new justice to take an antonin scalia's place.

republicans believe the next president should make that pick. and after the republican contenders traded some of their strongest barbs at the weekend's debate, dr. ben carson is here with a call to civility in the presidential race ahead of the south carolina primary. >> and anybody up here's going to be much better than what's going to come on the other side. and what happened tonight with justice scalia tells you that we cannot afford to loose this election and we cannot be tearing each other down. >> dr. carson, i -- let me ask you --

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breaking tonight, the political fight to pick the next supreme court justice is on. the republican leader of the senate mitch mcconnell saying he will not consider a high court replacement until a new president is elected. president obama is vowing to nominate someone and soon. democratic senator and member of the judiciary committee, chuck schumer saying it is the indict of the gop to consider that person. >> the job first and foremost is for the president to nominate and for the senate to hold hearings and go through the process. you know, the constitution, ted cruz holds the constitution when he walks through the halls of congress. let him show me the clause that

says the president's only president for three years. does this mean we don't hold hearings on anything? >> but senator schumer was singing a different tune back in 2007 when republican president george w. bush was in office. listen to this. >> given the track record of this president and the experience of obfuscation in hearings with respect to the supreme court least, i will recommend to my colleagues that we should not confirm any bush nominee to the supreme court except in extraordinary circumstances. they must prove -- [ applause ] -- they must prove by actions, not words, that they are in the mainstream rather than we have to prove that they are not. >> mark hanna is a former campaign aide for the obama and kerry presidential campaigns and partner in the truman national security project and rich lowery is a "national review" ed tore an fox news contributor.

mark, i'll start with you first. a lot of people say it's a little hypocritical for chuck schumer to say what he's saying now considering what he said in 2007. >> senator schumer was opposed to george bush, his nominees back then. of course, there's going to be bluster from either side. democrats when george bush was president, republicans when barack obama is president. senator mitch mcconnell when george bush was president said it was outrageous democrats wouldn't let the nominee go forward so bush actually both times he got an opening on the supreme court, democrats passed his -- >> all right. rich, is this just bluster? is it bluster? is there anything to this? >> no. i hope it's not just bluster. look, the senate republicans are not going to let president obama remake the supreme court on his way outside the door. and they shouldn't. if you look at that chuck schumer quote from '07, he was preparing the ground for opposing any new bush nominations 18 months before

president bush left office. so the democrats, they con can whine, make fallacious constitutional arguments, say or do whatever they want, the answer from the republicans in the senate should be no, no, no. >> senator, can i jump in real quick? look, there's going to be hypocrisy on both the political branches of government. you can take mcconnell's statements back in 2007 and they're inconsistent with what he's doing now. let's think about this. what would, you know, justice scalia who fought his entire life for an originalist interpretation, literal interpretation of the constitution, article 2 section 2 of the constitution says in no ambiguous terms that the president, the power to nominate the supreme court justice is vested in the president and the senate advises and consents. justice scalia was a man who put patriotism and his principles ahead of politics and personality i think as much as he disagreed with obama, he would want if he were alive today president obama -- >> oh, please. >> -- to nominate his successor. >> please, mark.

>> he's a man of principles. >> that is so -- please, that's pathetic. >> why not? >> don't use justice scalia's memory in that way. the constitution -- less discuss the constitution. the president has the power to nominate. he can nominate anyone he wants at any time h wants. no one disputes that. the senate has the power to consent and to block in this case -- >> it doesn't say -- >> okay. so where does this -- so, rich, paint the picture for us. where does this go in this election year and last year of president obama's term in office? >> well, it should go nowhere. i mean, democrats are going to argue some terrible thing, but the country will survive a couple supreme court decisions then this will all in effect be decided in a general election. if mark is very confident about how november is going to turn out, he shouldn't have any problem with this whatsoever. if democrats sweep the senate and sweep the presidency, bernie sanders gets to make the nomination on january 2017. >> without a doubt this has

changed the scope of the election. the passing of justice scalia. >> absolutely. it brings into stark relief the stakes of who the next president will be because there will be other supreme court justices that are rotating out. in this moment, though, in the past 115 years we've had 6 times where a president has successfully nominated and the senate has on firmed a supreme court justice. so to block justice -- >> it's almost -- >> justice scalia's replacement, 14 143 days of the presidency -- let me finish my point. it's taken 125 days to confirm any supreme court justice nominee. >> mark's making the point there's plenty of time -- >> there's plenty of time. >> rich, last word to you. >> sure. but almost all those cases is when the president and the senate are the same party. when they're of opposing parties 1988 as an example when one was confirmed only after bork was

rejected. you have to go back to 1880. so there is no constitutional on the part of the senate to act. this is a president who's trampled on congress' prerogatives again and again and legislated unilaterally which is why both his immigration order and clean power plan have been blocked by the -- >> justice scalia would be ashamed of what you're saying right now. >> in justice ska caliscalia's doesn't want to be replaced by anyone who will undo a lifetime of work. >> he did -- >> it's going to be a tough process and fighting like we're seeing right now. thank you to both of you toni t tonight. coming up, new trouble for new york's former love gov. eliot spitzer. a woman accuses him of physical assault at the famed new york plaza hotel. the race is getting uglier ahead of the south carolina primary as candidates trade serious barbs five days out. dr. ben carson is here with a personal call for civility and

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you know, so many people said to me, you need to scream and jump up and down like everybody else. is that really what you want? what we just saw? i don't think so. and, you know, i -- when i got into this race, i decided to look under the hood of the engine of what runs washington, d.c., and my first inclination was to run away, but i didn't do it because i'm thinking about our children and the fact that we are the united states of america. we cannot afford to lose this election and cannot be tearing each other down. >> dr. carson, i -- >> that was dr. ben carson at saturday's republican presidential debate. bemoaning what he feels is the highly contentious state of today's politics, a message he reiterated sunday morning in supporters saying "the cancer of divisiveness is corroding our

politics and the soul of our nation and if we don't fix it, nothing else matters. "joining me now is republican presidential candidate, dr. ben carson. good evening to you, sir. >> good evening. >> so how's it going? what was the point of this e-mail that you sent out to supporters? >> well, you know, i want us to stop fighting each other and really we have some very substantial problems going on in this country. you know, we're about to go off a fiscal cliff. you know, the people who are coming behind us, you know, we're destroying their future. we're failing to take a leadership role on the world stage. we're alienating our friends. >> but when you say, dr. carson, when you say in that e-mail that the debate was ugly, it was vicious and not worthy of the american people, to whom are you referring was so vicious and ugly in that debate? >> well, standing on the stage calling each other liars, screaming at each other, you know, in 2012, the republicans

tore each other apart. i believe that was one of the reasons that president obama was able to win a second term with a record that no one could have won on because, you know, we find a way somehow to let them win. we've got to begin to learn from these things. the issues that face america are so substantial and if we don't talk about, why can't we get to the issue of things like the fiscal gap? >> but dr. carson -- >> so people understand -- >> i'm sorry to interrupt you. you led off, the reason for the e-mail you wrote to supporters, you're saying things are a mess, we're about to go off a fiscal cliff, it's messy, we're facing isis. every day this is a threat. at home and abroad. and people say they want you to jump up and down. they want you to be more energetic. and a lot of people say that's what they like about the front-runner, donald trump, that he shows that passion, he shows that energy. but you're looking at that as ugly and divisivdivisive.

isn't that passion and them showing -- go ahead. >> there's a difference between passion and, you know, trying to tear your opponent down. there's a big difference between that. so, you know, you can be very passionate about something, and but remember, when we put these things out there, the democrats are going to use those in a general election. they're just going to show those sound bites. they barely have to do anything if we tear ourselves apart. somehow we've got to start learning and every single time it seems like the republicans find a way to snatch defeat out of the jaws of victory. >> all right. dr. carson, you say you're going to stay focused on the big picture. as you continue your campaign, we're looking ahead to south carolina. are you changing anything? >> well, i don't think i need to change anything. people are switching very quickly here in south carolina, and i'm looking for some big things. you know, so many people have

developed their impression of me from the media. or the lack of media. and once they get a chance to actually hear what i have to say, they change their minds. once they get a chance to go to my website, bencarson.com, and read the policies, they change their minds because they realize that this is a serious issue that we're dealing with. we can't have politics as usual. we can't have the same people as usual who claim not to be politicians but who really are. >> all right. dr. ben carson, thank you for joining us tonight. great to have you. >> okay. thank you, sandra. this election cycle has been dominated by a crop of unorthodox presidential contenders like we've never seen before. or have we? joining me now is so-called outsider from 2012, herman cain is commentator and author of "the right problems: what the president, congress and other candidate should be working on." good evening, thank you for being here. >> thank you, sandra, thank you

for being here. >> you know what it feels like in general to run as an outsider. what are these candidates feeling right now? >> well, i happen to believe that two outsiders are leading most of the polls, donald trump and ted cruz, because cruz is considered to be an outsider, because main street usa is sick and tired of business as usual in washington, d.c. they don't fix anything, and they don't work on the right problems as you mentioned which is the name of my book, so nothing gets solved. people are extremely frustrated on main street. they are looking past all of the noise that some of the pundits like to focus on. they are looking for three things. they're looking for a leader, a fighter, and a winner. now, you used the word "passion." i agree with that. sometimes that passion comes across as that person being a fighter. that is a good thing. i agree with dr. carson. he has nailed what part of the

problem is for the republicans and he's also nailed it needs to stop. but unfortunately, too many of the political professionals advise their candidates to do that type of going after the throat of each other instead of the civility he talked about. >> knowing what you know from your bid as an outsider, what would you tell those outsiders that are running right now? do you support any of them? >> i support several of them and made my support known four months ago so this is not new. three of the people that i identified four months ago were trump, cruz, and rubio and they're still leading in the polls by different amounts. here's what i would advise them to do that would get the people on main street's attention. put bold ideas and bold solutions on the table. whenever you attack because of some of this padded stuff or this personal stuff, pivot to that bold idea. i identified nine of them in my new book along with solutions,

many of them agree with these. they're not that far apart. ideologically they schism simpl to talk more about it. >> what do you think of the infighting within the gop and the idea this could tear the party apart? >> i do agree -- i happen to believe if that sort of attack -- those sort of attacks that cause 3 million people to stay home in the last presidential election and mitt romney lost. now, i happen to believe barack obama's people probably had some better tactics that was a part of it but when 3 million people stay home, something is wrong. and what's wrong is they get so turned off that they don't get energized and they don't go to vote. these outsiders are not just attracting the base of conservatives and republicans, they are attracting a lot of people who had given up, tuned out because of the type of things that we're now seeing amongst the republicans. >> all right. we have to leave it there, but

at this point in the election do you believe an outsider will be elected? >> i believe an outsider will be elected at this point in the election. yes. >> herman cain, good to get your perspective. thank you. >> thank you, sandra. coming up, police have new questions for disgraced former new york governor eliot spitzer after a woman accuses him of choking her at one of manhattan's ritziest hotels. you do not want to miss this report, next. this is joanne. her long day as a hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve. now mother, we are settlers. dear, why don't we switch to directv?

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developing tonight, police are investigating allegations of assault at one of the new york's most extravagant hotels involving former new york governor eliot spitzer. his political career as you may remember cut short in 2008 by a prostitution scandal. trace gallagher is live with this story. good evening. >> reporter: hey, sandra. it happened inside one of the plaza hotel's suites about $1,000 a night. a russian woman claiming to be his girlfriend called 911 to say she cut her wrists. spitzer answered the door saying everything was fine. but after further investigation, police found broken glass and blood and took the woman to a hospital where she claimed that when she told spitzer she was going back to russia, he choked

her, threw her to the ground and threatened her. he apparently appeared at the hospital next day sayinging his name was george. the 25-year-old decided not to press charges and has since hopped a flight back to russia. and spitzer's attorney says the woman has written an e-mail admitting there was no assault. of course, eliot spitzer's political career crashing down in 2008 when he was linked the a prostitution scandal and became known as the love gov. one of the prostitutes, 22-year-old ashley dupres paid $4,000 a visit and one escort said he choked her in a tryst. former governor's wife stood by her husband at first. they're now divorced. >> all right. thank you very for bringing us that story. we'll be right back. ♪

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who says monday nights aren't fun in go to facebook.com/the kelly file. tweet me. that's it for tonight. i'm sandra smith. an enthis is "the kelly file." and welcome to "hannity." tonight broadcasting from north charleston, south carolina. 2016 republican presidential candidate former florida governor jeb bush with his brother 43rd president of the united states george w. bush will be here for an exclusive interview. now it's a first time president bush has been on the campaign trail since leaving office. en here's what he said earlier tonight. watch this. >> i came here for two reasons. one, because i care deeply about jeb. and two, because i care deeply about our country. here's some things i think people ought to look for in the