i just drink lots of coffee. [laughter] harris: stacey, great to have you back, kirsten, good to see you too. foxnews.com/outnumbered, click on the overtime tab, jump on through your facebook or twitter. "happening now" now.

candidates gaze out west. hello and welcome to the second hour of "happening now". i am jon scott. >> and i am heather childers.

happy st. patrick's day. >> democrats caucus in idaho and both parties caucus in utah and hold primaries in arizona. don would trump looking to clinch the nomination and establishment leaders try to move him out. trump warns that blocking him will trigger chaos. ndonald trump is the will of the voters. we have had a tough primary and great candidates and friends of mine there are governor, but he will have delegates and we can't let, think about this. like you were just saying, if we sit here and let the party leaders take it away from somebody who has the votes or someone else. they will not show up in november. we have to listen to the voters. >> while hillary clinton is looking to pad her lead against

sanders and both p democrats push immigration on the campaign trail. backing a path to citizenship. that is a huge issue out west especially in arizona where the primaries will stress immigration. contests in ohio florida in the rearview mirror. the presidential race goes to arizona. it is the swing state that battles over immigration in the u.s. we'll bring in ebony william and brad baker former assistant to president bush. brad, is donald trump's tough talk on illegal immigration, is that tailor made for the arizona primary? >> you bet, we know that. donald trump appeared with the sheriff who gave him an

endorsement less than 60 days ago. and a huge crowd, and fired it up. and that is a good indicator of where this is going next tuesday. he will get a great reception. trump has been be right on for the people of arizona who are fighting the battle every day against a federal government who laid down their weapons in order to guard their own border. this is ripe for donald trump and i suspect, he will do well there. >> so is he going to lock it up. >> i agree arizona will lock up. he has a ways to go. and look, so far he is the front runner and first time he ran for elected office and doing that very, very well. but like basketball, there is two halves to the game. you got to finish it.

no body cares if you played a strong first half. it is important to keep the momentum and energy going and don't feel like it is done at this point and finished strong. >> a lot of people wonder how a president trump would handle the thorny issues of our time. corporate inversions where they move headquarters overseas to avoid the tax rate. this is what trump. we'll get to that later on in the hour, i apologize for that. i am wondering, about governor kasich is. he had the opportunity -- you know, appear on stage with ted cruz in his debate that donald trump bowed out of and he decided not to avail himself of the opportunity. to do that debate, brad, why bail? >> it was a mistake to bail.

you fought against 17 other folks to whittle it down to 2 or 3 people and you won ohio, why would you pass up on the earned media and stand there with cruz and knock what trump is espousing and you have the beauty of him not being there and dishing it back to you in trump style. i thought it was a big mistake to pass that up. having said that, i think the handwriting is on the wall now. donald trump has had enough on debates and unless something changes for him we'll not see much of mr. trump in a debate setting. >> i can't blame him. it is important to finish strong. not just numbers, certainly headlines are for trump and he will do well. and ted cruz is not that far bep end him in the delegate count

and the margins that don would trump needs is wide. estimates of 45 to 53 percent wide margins. and we haven't seen him winning. the pool has dwindled and we'll expect to see those numbers going up. finish what you started. >> charles krauthammer suspects a inside deal between kasich and trump. kasich the other day said he would not a line himself with donald trump. >> he's offered two hours without the innerrupgzs with trump. i don't know what game he is playing. it may help stop trump people he can take away the delegates in the back. even though he denied it, i

think he has idea of being number two. and it would serve trump well. >> brad, can you see a trump/kasich. >> republicans must win ohio and florida. we are blessed to have two people in the race, from ohio and florida. it would be a perfect electoral map and a great strategy not only for the base but the general electric. >> i have been able to see that a while. number two makes sense for trump. but it is not a bad look for john kasich. looking at the campaign he ran thus far and taking the high road. i don't know if he has what it takes to be in the top of the ticket. and this might be as good as it gets for john kasich and he would be well served there. >> fascinating race and we'll

see what is happening in november. thank you both. >> fox news alert. secretary of state john kerry said isis committed genocide against christians in the middle east. there is a murder and rape and torteur of christians in iraq and syria in the hands of the terrorist group. there are questions of why the obama administration took so long to condemn those atrocities. shannon, do we know what finally prompted the secretary's decision? >> heather, you will recall that the house voted 393 to 0 and to label the violent iowa sis attacks as genocide. that implied public pressure just days after a massive report by two groups that are gaerthing

scores of kidnapping and torteurs and killings. kerry said even though they have no perfect window, but he's seen enough and time to call a genocide. >> their entire world view is eliminating those who don't subscribe to their perverse ideology. if they suck sowed in establishing a caliphate, it would seek to destroy the region. >> reporter: they are commending secretary kerry for the courage. but there is so much more work to be be done, heather. >> using the word requested gen soyed" make any difference? >> reporter: the administration said we have gone after isis and helping religious minorities.

and this is what mark toner said in the state department. >> acknowledging genocide would not necessarily result in a legal obligation for the united states. >> reporter: that statement is raising concerns among other groups that have an elevated obligation to object. they need to back it up with actions so that the international community not only speaks with one voice. but work to facilitate their reign of terror. heather? >> shannon bream, live for us. thank you, shannon. >> well, candidate donald trump makes a move and pressuring republican law makers to accept him as a presuchltive nominee. we'll get into that with our

political panel and a show down over the supreme court pits the white house over senate republicans. has president obama made them an offer they cannot refuse. >> the president wants to bo boat -- beat up on the saebt. he believes that the the successor who ever it is will choose the person that fits that role. that person will be far to the left than judge garland. theyd start saving for retirement. then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges.

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>> judge garland get a hearing? >> no, i don't think so is. we are following the biden rule. when joe biden was chairman back in 1992, he pointed out that no supreme court vacancy in a presidential year should be

filled. because the elections are going on all over the country, and the next president will be making this choice, the people will decide who should be the appointing authority. >> that was senate majority leader mitch mcconnell insisting that president obama should not be able to put another justice on the supreme court with only months left in his last term. as democrats rally support for merrick garland. today they were on the steps of the supreme court to pressure republicans. they draw out the position the republicans are in. merrick garland's opposition is making the senate unreasonable and making it about the senate instead of the judge. his age is also meant to present a political riddle for

republicans. is it better to have a judge whose tenure might be shorter? thank you both for joining us. >> thank you. nina, the white house made their move and the senate is next. what will they do. and that is in the consideration. and i think it is it a risky move. and by blocking this. they and it is a more progressive candidate. and i can see heroine --

winning. and the other risk for the republican party is this. it is already a party that is behind the democrats in terms of how much favorablity popularity. and so people in's general scomplekz this plays well with the primary voter. in a general election people don't like it when they see things that are obstructionism. you will hear over and over again this election season how the republicans are obstructionist and this will hurt them in november. >> jamie? >> you have to stipulate that the last 30 years the supreme court is highly pop liticized. and if you look at the democrats and republicans positions, they would likely be reversed if it was a republican president with a democratic senate.

there is evidence of poll of the democratic outfit that shows independents want republicans to give the judge an up or down vote. i just doubt when people go to the polls in november, this will be top and center. the fact that you are waiting until the next president to appoint a supreme court pick. i am not sure it works well. >> there are a couple of different poll ps, the washington post said that 63 percent of the people think across the board, and they say those are held. 48 percent, and next year. and will it boil down to what the american people want. is that what it should woil down

to. >> and you should wait for the people's choice to select a candidate for the supreme court. and obama, whether you like him or not is the people's choice. he won fair and square in the last election. and i think the american public will say this guy merrick garland deserves an up or down vote and not more obstructionism out of washington. >> jamie, one final thing in terms of the politics relating to this. this is an election year and a belower, as a political theater this is the latest incident of that. we had donald trump who is causing a shake-up and now this and all along with us, you have republicans that have 24 societies to defend in 2016 versus ten for the democrats, what does it mean for them? >> if you are in illinois like

mark kirk, he might be willing to have the hearings to show he is not part of the obstructionist wing of the democratic party which is what the democrats label them. republicans are asking to surrender on this guy. when they know the democrats with joe biden argued in '92 would not do the same on the other side. it is highly politicalized. and so this is probably going to wait until the next president for the vote to happen. i don't think either side would allow the vote to incur right now. >> thank you for joining us. >> thank you. >> breaking news out over brazil. the cabinet appointment of the

former president. protestors are taking to the streets in protest. and bergdahl's state of mind when he walked away from his post in afghanistan. that's ahead. there's only one egg that just tastes better. fresher. more flavorful. delicious. with more great nutrition. and 25% less saturated fat. only eggland's best. better taste. better nutrition. better eggs.

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>> welcome back to "happening now". a judge in brazil halting the appointment of the former president. luva was sworn in when the injunction was filed. he is charged in a federal corruption case. he was accused of trying to shield them from prosecutor. they granted immunity to all but the supreme court. the appointment sparking large

protest like this one. demonstrators brought a balloon depicting him in a prison uniform and calling for his arrest. new insight in bergdahl's action. he was captured by the taliban in 2009 after leaving his post and documents released by his attorney that bergdahl might have been mentally ill at the time. kathryn joins us from washington. what are we learning from the documents? >> reporter: he left his post in southeastern afghanistan to draw attention to bad leadership decisions by the officers above him. bergdahl told an army investigator it was a self- sacrifice thing. the the documents were made

public by the attorney who consistently renowsed the request to discuss the client's case. jesse walters tried to speak to him last year. he made the records available to counter act the negative publicity surrounding his client. another argument found that bergdahl suffered from a personality disorder when he left the outpost. people with this disorder can develop distrust of others and miss social cues. the report seemed to challenge bergdahl's claim. one said the story after telling us doesn't make sense. there was no leadership (s. bergdahl was a friend to me but

he messed up and needs to be held accountable. he does so many relaxed in a shot posing with a goat in the outpost and enjoying comrade row with fellow platoon mates. and out of focus selfie. >> bergdahl is currently facing charges of disertion. he could have a life sentence if convicted. that trial is this summer sometime. >> thank you. new rifleeralry in the republican race. john cruz finding john kasich is more important than donald trump. and the governor of michigan and the epa, get an earful over the law maker's report in flint.

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>> well, don would trump as you probably know is pressuring republicans to accept him as nom no of the party and warning that a contested convention could trigger riots and now taking his

case to capitol hill and speaking about future policy plans and legislative agendas. >> you know, so many, we have had such incredible support, paul ryan called me the other day, tremendous call and i spoke with mitch mcconnell and we had a terrific conversation. we have to bring our party together. >> it was a pleasant conversation. i offered some obvious advice on the violence issue it is a good idea to condemn. it and he appreciated it and we had a good conversation. >> david web, and hank is a former are consult apt for the clinton/gore campaign. speaker ryan points out he called all of the contenders not

just donald trump. presumably trump on the nomination. should republicans of all stripes, leader should they get comfortable with donald trump as standard bearer. >> ted cruz needs 83 percent of the remaining delegates to be the nominee. and john kasich's best hope is a brokered convention. and if he doesn't have the money, he may be out of it son. they have to look at the will of the people and the voters f. they go against the tea party and all of the americans that are fed up with it. and say we made a choice. it is a teinous balance for them. >> you are not in the habit of advising republican candidates, would you advise them to get

comfortable with donald trump. >> it is not the party getting comfortable. but donald trump understanding how a president ought to function. that's why he is calling them. they are part of the game. but they ought to behave appropriately. and what is at stake for the republicans is control of the senate. if it gets out of hand and confusion with the republican candidates and leadership. and the elites are dominating. the senate will be gone. they need trump and they need him to help them hold on. >> that is an important point. it is how the system works. if you get a democrat in the white house you have grid lock: >> you didn't have that in the clinton years. >> it is a different time.

it is republican in there it is down on the ballot. and you have a chance to get together on tax policy and border or national security. they need to come to reality and survival. >> ronald reagan knew how to work with tip o'neill. you can get to that point. and trump appeared bombastic because the people are bombastic and outside of the margins. he wins with southern protestants and catholics. and if i were a leader in the house of representatives, i would want to talk to trump quickly. >> trump said he is the guy who can knock heads together and get things done and this is what he said about finding common ground with members of congress, listen. >> everybody agrees, democrat and republican. the money should come back.

two and half trillion dollars outside of this country. everybody agrees that the money should be here and the politicians for three years haven't made a deal. and so i sat down with now of the senators and congressman, you can make a deal on that if you anyhow what you were doing because everyone wants to do it. >> he's talking about corporate inversions and spoken like a potential president. >> spoken and he's speaking the blue collar american workers. they are watching carrier moving and a von. and burger king. and ph ysier. new york state gave them subsidies. he's speaking to the midwest and the block of americans looking for opportunity and to his credit and i don't have a horse in the race. in his post super tuesday wins,

he spoke to the people and he spoke about unifying and adjusting the message and tonight. i am sick of people blaming the incident on the donald trump side of thing and not addressing the soros that fund move on and black lives matter. we have to have a balance and deals realistically. >> both p parties are in trouble. if they can. you would not have moveon.org and others interfering in day-to-day activity. donald trump is speaking to the people that refuse to be silenced and when he talks about jobs and money in america they pay attention. >> turning from trump, ted cruz is setting sights on john kasich listen to what cruz had to say

on tuesday night. the gop nomination comes down to himself or trump. >> only two campaigns have a plausible path to the nominations, ours and donald trumps. nobody else has any mathematical possibility what so ever. only one campaign has beaten donald trump over and over and over again. not once, not twice or throw times, but nine times all cross the country from alaska to maine. and going forward, the choice is straightforward. nbase ped on what you saidearli nine times but doesn't have a realistic. >> other campaigns are out. and the delegate map is shifting. everybody is projecting who is

best to win this. senator cruz, if he is in a two man race will likely not able it surmount that. >> the culture wars are over. he lost north and south carolina, heffly evangelical. he is a texans. republicans are going to win texas. kasich is more important for the republicans. >> fascinating political analysis. >> thank you, john. >> coming up, new information on on the water emergency in flint, michigan. democrats on capitol hill carrying rick snyder for a state response. people of flint, michigan are are dealing with the water. here's more on the governor's

role in the disaster. peter has the latest. >> reporter: hi, heather, law makers were furious about p flint today. the democrats had an explosive hearing this morning on the governor rick snyder. >> possibility deniability only works when it is plusible. i am not buying that you did not know about this in october. you were not in a medically induced coma and i have had enough of your false contrition and phony apologies. >> the regulators are calling for genomccarthy to resign. >> in your mind did the epa do anything wrong. >> i don't know if we did everything right is the challenge i am facing.

>> the challenge you are fating right now is my question. did the epa do anything wrong? >> i think we -- i hope we would be more regressive. >> the focus will not just be on flint. there are 353 schools and day care centers where water fountains and sinks failed test and presented high levels of lead because students don't just drink the water, the lunches are cooked in it as well. the states with the most failures is maine and new jersey. the statistics could be on the low side because feds only make schools and day care centers test the water if they control their own water systems. they could be exposed to lead and not tested yet.

>> she did not want to answer the yes or no question. thank you, peter. >> there are new details in the ground breaking invasion of privacy lawsuit. the woman with him in the sex tape speaks out about the encounter. >> they will discuss the murder trial of a former correction's officer accused of killing his wife. the defendant claimed his innocence. >> i didn't shoot my wife. bull. [bleep] [bleep] [bleep]. and the kids always eat their vegetables. because the salad there is always served with the original hidden valley ranch. ...to cook healthy meals... yet up to 90% fall short in getting key nutrients

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what you love. from the #1 doctr recommended bran. ensure. always stay you. >> the woman sewn with hulk hogan in a secretly recorded sex tape didn't know it was videotaped either. heather admitted she knew her husband set up a camera in the

bedroom but didn't know it was used to film a tryst. there is a hundred million dollar lawsuit from hogan who claims his privacy was violated. and gawker said it is news worthy and protected by the first amendment. thank you for joining us. so this case has all of the makings of a jerry springer episode. a woman who is a raven haired stunner and her ex-husband who is named bubba. and hulk hogan. but legally who wins? >> it is a balancing test. media's right to know and is it the public need to know the information versus the right to privacy. does the public need to know

about hog inn sex tape? i don't think so. it is not like who killed the ambassador in libya. and under testimony the attorney said it was not that news worthy. and so when you do the balancing test right of privacy. >> i mentioned all of their napes. some people find it entertaining, but legally what does that mean? >> the issue is you don't have an issue but it is right to be recorded. hogan talked about the sex life and they could report on it. but could they actually show a video tape that hogan was not aware of when it was recorded. you look at the details, there is a first amendment issue that could go all the way to the the a pole's court. >> okay, moving on from that

one. the murder trial. you have sewn the video. prosecution claims that tom shot his wife when tempers flared. the defense said arbly took her own life. and so in this case, it comes down to personalities. >> you have to follow the facts in the case. second-degree murder means it was not intentional and there was aggravating circumstances. the prosecution said he was mad and upset at his wife because p the family gave her marijuana and he killed her. prosecution doesn't have to move motive, but from a jury perspective why did he kill his wife because p she had marijuana? and defense said, she wrote a suicide note in 2010. her son had ten brain surgeries

and she was with depression. >> he's angry and she's depressed. >> they were fighting before the incident. and so the defense doesn't denotice gun shot wound to the deceased wife who died. did she decide to kill herself with children nearby or did he kill her? both are disturbing but one of those two things happen. sometimes the defense accuses police of covering up evident. here the defendant said the police are covering up evident because he used to be a krekdz's officer. >> the other interesting thing forensic evident will define what is happening in the case. one of the thing the prosecution said it was a gun shot to the back of the head. that is usually not self

inflicted. >> jon? >> drones are finding their ways now in lots of the military drones are finding their way into lots of different places including the world of competitive racing.

gretchen carlson. breaking news about a third party candidate meeting. erick erickson was one of them. he'll give us the exclusive details. plus, what exactly happens to marco rubio's delegates now? and could he end up being the king maker with his delegates deciding the whole race. we'll break it down for you. a freak accident. a teen dunking a basketball at a

church dies. what went wrong? join me for "the real story" moments from now. well, some high flying competitors are now looking to make the sky a racetrack and transform drone racing into the next nascar. jonathan sari tells us how it works. jonathan. >> hey, john. well, these drone racers want to turn this hobby into a major professional sport. take a look at the video from the drone racing league. the racing drones have cameras that send back live pictures from pilots to fans. if you're wearing the goggles, it feels like you're flying through the race. >> it's bringing esports, video games and adrenaline junkies like me together. >> it's different than other forms of racing because it's three dimensional. it means we can do it in a lot of different and unique locations which adds to the drama. >> also adding to the drama,

epic crashes which are actually encouraged in this sport because the unmanned drones are, well, unmanned, but to become a major player analysts say the drone racing league needs to attract major investors and advertisers. >> certainly it has potential in that it builds a few things that are popular right now. people are buying drones, people love playing video games. it's a spectacular thing to watch. >> drl's next race comes up in california. they're going to hold it at an abandoned shopping mall. >> jonathan serrie. thank you. >> certainly. well, celebrating the luck of the irish with a touch of green in the city. a final 30 saint paddy's day is up next. ♪ ♪ ♪

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time for the final 30 and the tradition in chicago where the city dyes its chicago river

green for saint paddy's day. steam boats trail up and down the river releasing the dye. it's an orange powder which turns green in the water. >> yeah. >> cool. thank you for joining us. >> nice to be here. >> good to have you here. "the real story" with gretchen starts now. fox news alert on "the real story." search is on for a third party candidate. hi, everyone. i'm gretchen carlson. this is "the real story." some gop leaders putting their heads together to find an alternative to donald trump. this comes as speculation grows over a contested convention this summer. fox news exit polling shows that six in ten non-trump gop voters would consider someone else. four in tenl republican primary voters would consider a third party front-runner hillary clinton. five in ten late