our feelings. we'll see you back here tomorrow night. you tomorrow night 7:00 p.m. eastern. ♪ ♪ >> hi, i'm eric bolling in for bill o'reilly. thanks for watching this o'reilly factor election 2016 special. we're going to go right to our top story, the battle for the supreme court. the sudden death of justice antonin scalia creating one of the biggest political fights in years over whether president obama should nominate scalia's next replacement or leave it to the next president. president obama is leaving little doubt where he stands. >> 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. >> meanwhile, the republican presidential candidates are wasting little time drawing their own lines in the sand. >> i think it's up to mitch mcconnell and everybody else to stop it, it's called delay, delay, delay. [cheers and applause] >> we are one justice away from a supreme court that would undermine the religious liberty of millions of americans and the stakes of this election for in year, for the senate, 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 liberaldx6 appointees. >> mitch mcconnell has made it clear we are not going to move forward until there is election. the court can justices within 8 years in the last few months of the president's term we should not be supporting supreme court justices. >> joining us now from washington with reaction fox news contributor mary katharine ham and with me in studio juan williams my

co-host of the five. will he, should he nominate and will they, should they delay. start with will he, should he? >> he should. that's his responsibility as president of the united states. that's what the constitution says hefbi(ñ should nominate and the senate should advise and consent. in this case have hearings and have a vote. >> should will he now. >> he will.úk he said it. >> mary katharine, now let's take the senate will they and should they go ahead and delay this nomination, whoever it may be, whomever it may be? >> look, it's perfectly within the rights of the president who say here is who i would like. perfectly within the rights of the senate to say yeah, we will see what we can do about that. that's the process and it's far from standard operating procedure to name somebody during an election year who fundamentally change the balance of the court when we have already started to vote for a new president. the process has gee --

begun. the democrats own pattern of agressing when it comes to judicial no, ma'am he knees, bourqueing which is name. using the when it suited them under bush. plenty of precedent for something hard on this issue and sticking to their games. >> mary katharine, how will it be perceived? people have accused the republicans as being obstructionists in the past. if they do it one way clearly obstructionists not even hear this. why when n. they say listen. let's' talk about this nominee and draw this out a little bit? >> i think listen something is fine. frankly they did a fine job with sotomayor and kagan. some argued for filibuster and i argued against it they did that smoothly with plenty of votes. different situation. republican senate for a reason because they want a bunch of -- because a punch of people were mad at president obama. plenty of backup from the voters to say hey hey hey

let's chill and look at this. >> that's exactly why you should have this go forward lot of people voted for president obama to be president twice not seven eight years. under the terms of that vote people have spoken about who is no nominate a supreme court justice. mary katharine, i don't agree with what you just said about democrats being aggressive in terms of handling nominees. i recall not only was justice kennedy approved in the last year under president reagan but i think there have9á been 19 supreme court justices approved in the last year. don't forget democrats got the majority in the senate when president bush was there and they approved two conservative nominees for president bush. >> let's clear this up, juan. that kennedy was approved during the election year but he was nominated in the year prior. >> it was very close. a matter of a few weeks. >> let's also talk about president obama and when he

was a senator. heshes had had a standard and that was for 60 votes for justice alito. he maybe has to live by the standard he set. he is not going to like it. but that may be where this goes. this is how it works. there is a high threshold. this is a serious matter. >> let's talk about president obama here a little bit about the hypocrisy of what he is doing. mary katharine ham points out he vote to do get a 60 vote threshold for alito. now i guess he is suggesting -- he is still isn't got to get the vote anyway. >> there never has been -- >> -- here is my question for you juan. the president says he has a constitutional responsibility, yet, he spent the better part of seven years going around the constitution on executive order, on immigration and the big one obamacare. >> you have people who use executive orders far more than president obama including president bush, george w. bush, president clinton, president reagan and yet you keep coming back to this.

>> those presidents used it for things likeaç]u declaring national holidays. not any president, at least in recent memory has used executive order to change policy as dramatically as president obama has. >> because we live in such politically polarized time. >> partly because of him. >> every time the president tries to do something the republicans obstruct. when he responds you say this guy is is a despot. he is he a king. >> he uses executive power to turn his feelings into law at any turn. you routinely says -- he spurns congress and does nothing to cultivate that relationship and then he says i'm going to come to you for a solid lame duck career. you do have to cultivate that. >> i don't know who spurns who, mary katharine. seems to me mitch mcconnell leading obstruction. >> forget i'm elected to be the senate minority leader my job is to stop obama from having a second term.

is that. >> where did kay dan and sotomayor come from then? >> they were voted for a majority of the senate, right? >> yeah, right what's to stop this now? >> because we are in a different political climate and not standard operating procedure. >> politics and republicans don't want to seat court led by a liberal majority. >> nothing wrong with that. >> who elected president obama in the liberals then or independent. >> that was two years before. >> stay on this one second now. wrap quickly. what would be wrong with a 4-4 supreme court, maybe. >> well, you know with the example going around town today is, what if you have another bush versus gore? president should function and getw=it done. >> what about a had-4 tie. >> plenty of precedent as

well. if president was interested in functioning he could function on obamacare in the normal process and function on executive orders and go to congress. he doesn't do that. >> juan and mary cath catherine great debate. thank you very much. next on the rundown, abortion$t to immigration, how will the death of justice scalia impact the most controversial cases waiting to be heard before the high court? right back with that.

in the impact segment tonight, how will justice scalia's death affect supreme court rulings this year? the high court has some potentially landmark decisions ahead on everything from immigration and abortion rights to affirmative action and labor unions. joining us now from washington to analyze former justice department official david ripken and from los angeles, ucla law professor

eugene. david,h you. you have specific reasons why this supreme court nomination should be delayed why? >> to protect the court's institutional legitimacy. we have tremendous polarization given the election time. we have enormous issues of condition constitutional significance before the court for the next several terms. to sa7:ñ the justice now would further contribute to the weakening of that institutional legitimacy. people already hold most institutions of government in very low opinion. we should do it in addition to all the other reasons the other folks articulated to protect the court. >> eugene, i think you agree that the delay should happen for the same reasons? >> well, i think the delay should happen if the republicans think that they wouldn't like the president's nomination. and it's pretty likely they wouldn't. we would have to see who the president nominates. if they think this is

someone who they don't want to see on the court, they have a constitutional role there as well. >> let me ask you. >> the question is how can they articulate it to the public. >> i carry a pocket constitution in my pocket everywhere. what does the constitution say we have two do and should do?i' >> lep start with eugene. go ahead. >> >> yeah, i think david and i agree on this president's job is to nominate. and the senate's job is to decide whether to approve the nomination. on the one hand, people did elect president obama. on the other hand they elected a republican senate. at this point it's not a legal question. i don't think it's a constitutional question. it's a political question the way the things in a democracy that really matter really ought to be political question. >> go ahead, david. >> my view is, of course the president can nominate and of course the senate can reject any particular nominee. but i do think, again, given the political environment we

are faced. given all the attacks on the court. given the general attitude of the public towards our governing institutions. both branches and the president should not consider going forward. it's a policy argument for the benefit of the court as an institution which is alreadily unfortunately been unfairly attacked from both the left and the right. >> let's talk about this a little bit there. there are some landmark decisions that could be heard in front of the court right now. will anything change if it stays a four-four tie going forward? robertson said he may delay some of the big decisions until there was a ninth justice named, right? i will start with you, eugene. >> yeah. we don't actually know if those were cases a-4lk with justice scalia in the majority. nobody really knows except the justices themselves until the decisions are announced. if there is a decision that ends up being 4-4. then either the court can say look, we're just not going to decide this case.

the lower court decision stands parts nor precedent is set or the court can order argument for when the court has a ninth member. so the consequence will be it will turn on who the replacement is whether it's somebody who is confirmed by the that the from president obama's nominees or possibly somebody who is appointed by the new president? that's certainly something that might happen. >> david, two or three names being bandied about all day today. a federal acourt in d.c. he sits on the appellate court there also patricia mill let also on the appellate court in d.c. and attorney general loretta lynch? what strikes you about any of those? would any of those be good nominees by president obama and would any of those get through a senate hearing? >> they would all be good nominees for president obama. they vary greatly. sri is regarded as more of a

centrist than the other names. to me, again, it is irrelevant. none of them certainly from a standpoint of a balance on the court are in the mode of somebody like scalia. personal brilliance aside they are not originalists they are not texas turleyists. they won't change the balance of the court. aside from that, this is not the time to move forward with this. let me say briefly, eric. let me be bolder there are two cases where scalia's absence would probably make a difference. one case is called freed distribution, the right of individuals not to pay money for collective bargaining if they agree with the unions are doing. even wheel case out of texas has to do very important question whether or not figuring out the voting districts. you look at all the residents there. only at eligible voters because thisp?r bears very much on the political influence of illegal immigration.

legal immigrantsik distributed unevenly. bolstering democrat power. >> coming up on this special edition of the o'reilly factor. saturday night's republican debate was a bare-knuckled brawl. did any candidate land a knockout blow to grab the south carolina crown? stay tuned. (crowd cheering) abdominal pain. urgent diarrhea. you never know when ibs-d will show up. now there's prescription xifaxan. xifaxan is a new ibs-d treatment that helps relieve your diarrhea and abdominal pain symptoms. do not use xifaxan if you have a history of sensitivity to rifaximin, rifamycin antibiotic agents, or any components of xifaxan. tell your doctor right away if your diarrhea worsens while taking xifaxan, as this may be a sign of a serious or even fatal condition.

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in the campaign 2016 segment tonight, south carolina and the aftermath of saturday night's republic can debate. american gladiators. candidates brutal punch after brutal punch. >> george bush made a mistakes. we can make a mismistake. that win was a beauty.

we should have never been there. they said there were weapons of mass destruction and there were none. they. >> i'm sick and tired of him going after my family. my dad is the greatest manual alive in my mind. and while. [cheers and applause] >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe and i'm proud of what he did. >> marco went on univision in spanish and said he would not rescind president president obama's illegal executive amnesty on his first day in office. >> first of all i don't know how he says on univision because he doesn't speak spanish. second of all, the other point. [speaking spanish] >> look, this is a disturbing pattern nowynq because for a number of weeks now ted cruz has just been telling lies. >> artery math principle. >> you are the biggest liar. you are the single biggest life. >> i have got to tell you. this is just crazy, huh? this is just nuts. >> harsh stuff to to be sure.

jeb bush is deploying big gun former president george w. bush and hopes his brother will help him win the pa met toe state. >> when the american wbuát)ák the world listens. you can trust jeb bush to be measured and thoughtful on the world stage. our enemies and allies will know that when president jeb bush speaks, he will follow through on his words. [cheers and applause] >> jing us now with reaction from washington, "washington times" editor kelly ridal and with us in the studio republican strategist lisa booth. this was a brawl. it was going back and forth. i have got to tell you. i loved watching it who landed the punches though. >> you are right. it was like an episode of american gladiator. some of the punches explosive conversation between the two of them and ted cruz speaking spanish to marco rubio to try to prove the point hey, do i know spanish and then also with,

you know, donald trump, i mean i think it was interesting to see him sort of take the attacking george w. bush if you look at south carolina, you have eight military base, veterans make up 11% of the population, and last may there was a poll that was conducted that found 5 had -- 54% of republican primary voters believe going into iraq was the right decision. it will be interesting to see how that plays off for him and if it effects him in >> what do you say, kelly, will that hurt donald trump? cbs did a snap poll after the debate and still had donald trump not winning the debate. marco rubio winning the debate but donald trump more with 20 point lead. he has been known to say something provocative when everybody says that's it that's the thing that will take him down, doesn't do it. it plays into his demeanor and his persona. >> his supporters like to see strength from him. they like to see him be aggressive and deliver the

first punch and the knockout punch. so it's hard to say whether it's hard core supporter also take offense to anything that happened in that debate. they might gather to him more. what remains to be seen is will the palmetto voters just like you said there is a lot of military bases. there is a lot of favorability with george w. bush entering iraq. will they take offense to the fact that he basically called george w. bush a liar, saying that, you know, he thought that there was weapons of mass destruction there and there really wasn't and he lied to america. those are strong words today when i'm speaking to a lot of people in south carolina they did take offense to that. but we will see. >> stay on this for a second. so there were a lot of liar liar back and forth rubio vs. cruz. cruz vs. rubio, donald trump. listen to what donald trump said just a few minutes ago -- a couple hours today. >> i have never seen anybody that lied as much as ted cruz. he goes around saying he is

a christian. i don't know, you will have to really study that. he is a very unstable person. that's just my opinion. >> what about it, kelly. he seems like -- i think at one point during that ted conference he said he was going to sue ted cruz. >> unless ted cruz apologizes he is going to go forward with the lawsuit saying he can't be president because is he canadian. put all that aside look at the strategy for the candidates. he needs to win south carolina. he needs to win it like he did new hampshire. if he wins by double digits then his path to the nomination is very clean. it's very clear and he have momentum. so by attacking ted cruz on the liar account, what is ted cruz's slogan? it's trust ted. trust it. he is conservative. what's the of that, that's why you have marco rubio going after ted cruz for the same reason. but marco is going after it for a little bit of a different strategy. marco needs to beat jeb bush

in south carolina. he needs that number three. >> it seems like the lines are fairly defined. you have the establishment lane, which is bush, rubio, and to a certain extent kasich. and then the outsiders, the trump vs. cruz. trump clearly is concerned about cruz. he wants to get him out of the way. should he worry about any of the establishment candidates? >> i don't think for now. i think ted cruz is his biggest threat. that's why you saw donald trump had actually originally put on an ad attacking ted cruz for speaking out of both sides of his mouth and also attacking him for being washington insider. interesting because your point about republican primary voters sort of looking for this antiestablishment candidate right now, that's a damaging attack to try to lob against ted cruz. i do agree with kelly's point. that's why you see at these different rallies ted cruz being cognizant of that and to trust ted in in the background in all his banners and slogans. sleer err clearly attack he is interest worried about in trying to answer to. i do agree also donald trump wins south carolina, i don't know how you stop this.

>> especially he has a massive lead in florida which is coming up as well. kelly, talk to me a little bit about bush's strategy to attack donald trump. he says he is the only one who has done it they that snap poll they had him losing. >> he came in last place. i think it was below ben carson which was unbelievable. no one has really taken donald trump on head to head come out the victor. a lot of them are out of this race. so, jeb bush really -- i don't know if he is taking -- i don't know had his plan is -- his plan needs to be the establishment player and get the establishment vote to coalesce around him and then he becomes a real viable threat to donald trump. in order for him to do that he needs to take home number three in south carolina. so, i think that you see from a strategy perspective donald trump recognizing that because i think he would rather go against jeb bush than -- i think he would rather go against a marco rubio than jeb bush. if jeb bush takes third

place and marco takes fourth. that's more of a threat to trump. >> right now real clear politics, lisa has marco rubio in third place. have you donald trump, ted cruz, and then marco rubio in thirdh place. so, should jeb be looking for third place, third lane out of south carolina in instead. >> i think he should. i think it's tough for jeb bush right now. he has been a lackluster candidate. i liken it to dating. the more desperate the less you are to becoming a potential person who wants to date you or voter. we have seen a lot of despier ration from jeb bush. >> amazing.ing everyone who tries to pull that strategy chris christie went after marco rubio it hurt him. jeb bush going after trump seems to be hurting him. the only one allow to do do that is donald trump. lisa and kelly, thank you so much. donald trump squares off with bill o'reilly in the no spin zone and sounds off on his republican rivals. bernie sanders and whetherwl

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>> who do you think is your main competition right now among republicans? >> i would say all of them, bill. i have no idea. just keep chuck chugging. i go forward. i think we have some really good positions. and i'm just going to use those positions, strong military, take care of our vets, border control, security generally speaking now that we have the isis situation. ever since paris, it changed a lot, bill, and it became outside big league security. and that was important. i think obamacare is a very big issue. i see it we are going to repeal it or replace it with something much better and much less expensive. we have a lot of different things we are going to do. >> all right. every state is different. you know that. and south carolina looks to be a battle between you and cruz for number one evangelical vote, which you won in new hampshire. and number two, the conservative vote. don't you consider cruz to be your main competitor in south carolina? >> well, he may be. i mean, he may be. but i really view them all.

look how fast things can happen. >> that's for sure. you said that hillary clinton is evil. what does that mean? >> she's got -- there is a a den is i, if you look at the job she did as secretary of state and the destruction that she has caused, i just -- i don't know what it it is, the word evil came to mind. the decisions that they made as secretary of state were absolutely insane and i thought of the word evil. >> you invited hillary clinton to your wedding. inept i could say. you said h÷r tenure as secretary of state wasn't good for the country. >> i would have used inept. >> but that's in your mind though, you know? it's in your mind that she might be evil. >> at a certain point, you say to yourself what's going on over here? how do you make so many bad decisions? you look what's going on in the middle east right now you?

look at the decisions made by her and president obama. whether you call it evil or inept, i really don't care, but a lot of bad things have happened and a lot of death has taken place. >> you don't really think she is evil though? you don't think mrs. clinton is evil? >> well, let's just keep it in abeyance and see what happens. >> all right. bernie sanders, how do you assess the senator? i mean, is he a threat to the country or do you find him amusing? how do you assess him? >> i think he would be easy to beat. you never really know. when people start tig figuring out that their tax bill is going to be the 95%. i would think that far outweighs the fact that he wants to give everything away. somebody is going to pay for it you know who is going to pay for it, you and me and most other people. once that bill gets down and they start talking about 95% tax bill, i think he loses big league. i'm frankly shocked that a socialist may be beyond socialist, may be communist, who the hell knows. but i'm shocked that a

socialist is beating hillary clinton so easily. i mean, we will see what happens. but i'm very surprised by it i think in the end he won't make it but we will see what happens. >> do you believe that bernie sanders thinks that he can get the stuff that he says through congress? because i gave you a hard time about immigration. you are never going to be able to deport 12 million people. that's impossible. i told you that. >> yes i will. >> no, you won't. >> time will tell. >> do you think that bernie sanders believes what he says, that he is going to run up another $19 trillion debt and nothing is going to happen. >> no.cp >> why? >> look, he was very ineffective senator for years. he hasn't done anything as a senator. all of a sudden is going to totally change the country around? i don't think so. no, i don't think he believes he can get this through congress. i don't think he even thinks he has a chance. but i think it sounds great for an election for his purposes. >> so you think it's a vanity run? you think it's a vanity run?

>>. no i think -- i think that he does not believe he can get it through congress. you would have to ask him that question. he does not believe he can get it through congress. i fully believe that. >> were you invited to the sharpton, bernie sanders breakfast? >> i'm devastated that i invited. i would have love to do have been there. >> there is not a chance in hell to quote madeline madeleine albright that sharpton is going to support sanders. i mean, is he a hillary guy. >> i know al sharpton better than i know you. we all do our thing. he was doing his thing. and he continues to do it. >> are the. will when we come right back, questions about the sudden isen death of justice scalia. the factor has exclusive facts about his tragic passing moments away.

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thanks for staying with us for this election 20167 edition of the factor. i'm eric bolling in for bill o'reilly. in the unresolved problem segment tonight. the turmoil swirling around the death of justice scalia. there have been a number of conflicting reports about the circumstances surrounding his death. and why the west texas officials did not conduct an autopsy. joining us now from washington with more

details, fox news chief legal correspondent shannon bream who covers the supreme court. now, shannon, you spoke with this gentleman john.dexter who discovered justice scalia's body. tell us what he told you. >> he actually has been quoted as saying he found justice scalia with, quote, a pillow over his head. he is the owner of that ranch. he had i don't know to check on him a second time. that sparked a lot of questions. for me it filled up my twitter feed with people saying what does this2w mean? conspiracy theories and worrying about how he had died. we did get clarification. i have to credit one of our producers. she finally got to him and here is what he said. more accurate would be a pillow above his head and at which touching the head board and another under his head in the typical position. he says there was nothing unusual in the location of the pillows. he wanted to correct some misimpressions on that but otherwise he said the family has asked him to not talk to the media except through official sources. >> when we heard that scalia had passed the first

question why -- apparently there were no justices of the peace that could actually physically see his body to make a death declaration and one happened -- talk to us a little bit about whether or not that's standard procedure in texas to be able to declare someone dead over the phone. >> yeah, apparently it's completely legal. this is such a remote area where the ranch was that they were hours away to try to get to somebody a lot of people it was the weekend. trying to get through. apparently a justice of the peace in texas can do this. now, the judge here who made this call said she talked with law enforcement sources there on the ground who said they didn't see any foul play and she also said says she talked with justice scalia's, talked her through many so of the medical issues he had been having. all that she was convinced she could move forward and say causes. she didn't order autopsy so that didn't take place. >> i'm just going through these theories, issues that people are concerned about. number one at one point she

had said -- she declared cardiac arrest and heart attack and then backed off and changed it to natural causes, why? >> she says that's not what she said. that's not what she meant. she only meant his heart had stopped which happens to all of us when we die. she want to do cla#f on reportsback that she had said heart attack. what i meant was his heart had stopped. i did not say heart attack. what the certificate is official live going to say is natural causes. you know, it took a long time to get this all figured out. he didn't have u.s. marshals with him. they normally travel or protect the justices. he this trip. he didn't want it out therein 00 ranch. they weren't there it took hours to notify the feds to get them there. finally his body got to el paso funeral home the family then told the funeral home they didn't want autopsy. >> let's say the family said no autopsy because no foul play. is there another way to have an autopsy? shouldn't the cock or the court say we want an autopsy? >> you know what?

this is such an unusual circumstance. force the family what their wishes were custodian of the body their wishes were not to have autopsy. apparently in the middle of the night or sunday that's what the manager of the funeral home in el paso told him they made a decision they did not want an autopsy and the embalming began. major warming signs for hillary clinton in ned nevada. why she may be losing critical advantage over bernie sanders. that's coming up. americans... ... 83% try to eat healthy. yet up 90% fall short in getting key nutrients from food alone. let's do more. add one a day women's gummies. complete with key nutrients we may need... ...plus it supports bone health with calcium and vitamin d. one a day vitacraves gummies.

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in the back of the book segment tonight, trouble for hillary clinton in nevada, the state's democratic caucus is just five days away, and there are signs bernie sanders may be gaining ground among nevada's critical latino community. ms. clinton spent the weekend trying to halt bernie sanders' momentum. >> not everything is about an economic theory, right? if we broke up the big banks tomorrow and i will if they deserve it it, if they pose a systemic risk, i will, with woo that end racism? >> no. >> would that end sexism? >> no. >> would that end discrimination against the lbgt community? >> no. >> would that make people feel more welcoming to immigrants overnight. >> no. >> i am the only candidate who will stand with you in every single fight. no matter how hard it is or how long it takes. >> hillary so-called off a scheduled visit to florida today staying in nevada instead to hold events. joining us now from miami to analyze democratic strategist julian epstein who is backing hillary clinton and with us in studio know micky momkisexism,

immigration, every single -- she threw the kitchen sink on that one. >> well, i think the point that she's making there is that, and it's a very effective pushback i think on senator sanders, is that senator sanders tends to be a one-issue candidate. he tends to start every sentence off with a noun and a verb and wall street. i think the point she's making is she's been involved in these fights whether it's health care, whether it's education, whether it's immigration, whether it's crime, whether it's voting rights for a lot longer for decades and decades, she's been in the trenches and bernie for the most part has been talking about the same thing, the disparity of wealth and, you know, hasn't gotten that much done in the last 20 years in congress on that issue. and i think it's a relatively effective pushback. if you look at all the polling, if you look at all the polling, particularly as we get beyond

nevada if you look at south carolina, as you look at florida, as you look at all the midwestern states where 60% of the delegates are going to be chosen. >> i want to talk about that, julian -- >> she's still -- this whole superdelegate thing is miking my head explode. >> not superdelegates. delegates. >> let's talk about the superdelegates in a second. it seems like a -- talk about this, though. one-issue candidate, bernie sanders, wall street. >> i mean, let's go back to a famous line by james carville who was an adviser to the clinton campaign, it's the economy, stupid. sure, he does talk about wall street but he also talks about criminal justice reform, education reform, health care reform. those are issues you hear over and over and over on the trail. this is a distraction, the classic hillary clinton distraction to distract away from her record on criminal justice. the fact her husband accepted more private prison donations than any president in history. the fact she designs the welfare reform bill. this is a distraction to go beyond the message which is she's good for african-american

communities. the reality is the record of the clinton administration, the record of hillary clinton in the senate was bad for african-americans. she even wanted to build a wall on the mexican border so if her immigration reform is so strong, why didn't she vote for it? >> julian, we've heard -- hold on. we've heard debate after debate hillary clinton and bernie sanders going after it over health care. we know that's been we've heard debate after debate hillary clinton and bernie sanders going after it over health care. ders we know that's been an issue. i >> well, look, i mean, you knowz bernie sanders has a proposal on health care and a lot of people are sympathetic which is a single payer idea of nationalizing our health insurance system. it will cost trillions of dollar, it will cause increase in taxes. now, there are a lot of people sympathetic to it -- >> hold on, hold on. we're not hagging over there. you've accused of being asympmp ol one-issue candidate. income inequality, breaking up the depth. there's depth to the guy. >> there is in fairness to him but his central thesis starts t tapping into the economic o

resentment of the financial institutions.tapp that is the central point. in >> julian -- utio >> if i can finish. if i think the other point -- i i think the point -- >> campaigns have messages. cam campaign 101.pa you know it as a strategist.ca i know it as a strategist. you have a message and have to build from that message. hillary clinton's message is let's continue doing the same old same old.e i don't care about the young the people but i want them to vote r for me so i'm going to pander to them. i don't care about african-americans. i want to pander to them. there are no proposals. she's basically trying to expand on something that already exists that hasn't helped those hurting the most. that's the economy. >> if i can answer the question now, if i can answer the question i think one of the reasons that hillary clinton has a 20% to 30% to 40% lead in the if polls in almost all of the march primaries is because she has ideas that are practical and that can be put into effect as e opposed to a single-payer idea which most democrats i think are going to think of as pie in then

sky.ers secondly, when bernie sanders has his surrogates come on ing television and making these smear against the clintons in terms of what they have done on crime issues, civil rights tsma issues. >> you have the largest -- >> if i can finish. >> -- operation in history. this isn't the julian epstein show. >> if i can finish without interruption. if i can finish without the e interruption. when you say she's pandering to the african-american community, you have no idea and no sense and no appreciation for the ers decades in which the clintons have been partners with the african-american community and african-american leaders on a whole host of issues.erices. i was there.i wa i was the counsel of the me that dealt with those issues. i was there and you weren't. >> bill clinton is the one who instituted three strikes and you're out. variably the reason why there have been more african-americans incarcerated than any other president.we whe he was also there for the r welfare reform program where it's required proof of work if

you're going to receive welfare and a lot of minoriies push back on both of those initiatives. yet for some reason, they like to say bill clinton was the iao first african-american president. i'm scratching my head to find out why. >> he played a saxophone. that's why. t a alian -- y he >> well, so you can cherry pick one or two of those issues. n b >> they're not cherry picking, julian. they're very big issues. it >> let me finish. >> they're big issues in the african-american community. >> they are big issues, but there are -- you are erry picking because you are ignorinw so many other issues in the 199o 0s when affirmative action was struck down by the supreme court.. bill clinton was the guy that t. fixed it.ans went on a whole host of civil rights issues. bill clinton is the guy who fixed that..an not the issues of racial dysentery and sentencing the clintons were on board with that. i was counsel of the committee where most of these issues went through. 90% of the issues critical to african-americans bill clinton and hillary clinton were not just there but were in the

trenches. bernie sanders was no wrr to be seen on these issues. you know, african-american leaders said i'm stupid. that's why they're all behind s the clintons. . e nors >> if you want to look at the congressional black caucus, it was the donors, people on the campaign trail getting benefits from the -- when you look at the support e the african-american supporters, why is it almost unanimously those under 45 support bernie sanders? they're feeling the effects -- >> i need to leave it there. >> wow, what a smear. hoie fee up next, "saturday night live's" hillary clinton desperately tries to make sanders supporters love her. ♪ i can't make you love me if you don't ♪ ♪ can't make your heart ♪ feel something it won't >> more of that in a minute. stay tuned. >> more of that in a minute. stay tuned. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine, i talked to my doctor and found a missing piece in my asthma treatment. once-daily breo prevents asthma symptoms. breo is for adults

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four bankruptcies... and small businesses screwed over. poll after poll shows him losing... to hillary clinton. if trump wins, conservatives lose. right to rise usa is responsible for the content of this message. before we go tonight it's no secret hillary clinton is having a tough time with young voters. the bernie bros among others are feeling the bern. that made for major mockery on "saturday night live."

it's the show's version of mrs. clinton took desperate measures to woo the young vote away from bernie sanders. >> i mean, i like hillary's foreign policy experience, but i love bernie's whole vibe. >> i'm obsessed with his vibe. ♪ because i can't make you love me ♪ ♪ if you don't >> not funny. the best ♪ you can't make your heart feel something it wn't ♪ >> bernie is change. ♪ here in the dark in these final hours ♪ ♪ i will lay down my heart and i'll feel the power ♪ ♪ but you won't >> i like when bernie yells. ♪ no, you won't >> but not when hillary does. ♪ because i can't make you love me if you don't ♪ >> and bill clinton at the piano was amazing. that's it on this "o'reilly factor" special.

i'm eric bolling in for bill o'reilly. 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 a