>> tonight on justice, who needs democrats? >> we allowed him to lead our party and some of us remember, oh, yeah, the contract with america? that was a good thing. we took over the house, that was great news and what happened four years later? well, he was a... he was fined for ethics violations and resigned in disgrace. >> you cannot debate someone who is dishonest, you can't, people say i'm a good debater and i can't debate someone who will not tell the truth. this is the problem. >> jeanine: it is getting brutal in the republican primary race, are these guys candidates or cannibals? so what is next? governor mike huckabee and governor sarah palin are here, and, they are holding nothing

back. and to these attacks even work? or are they a turn off? frank luntz is here and he has ways to find out what people really think. and, bad english, i mean, really bad english. could it bar someone from holding public office? a county judge thinks so but the battle is just beginning. hello and welcome to "justice",. the aftershocks from thursday's debate are rattling the republican party. >> speaker gingrich said the debate before last night, he said the crowd was not allowed to cheer and he couldn't do so well because the crowd was quiet and last night he said the crowd was too loud, you snow know, li

goldilocks, porridge is too hot, too cold, i'll make sure we tell the truth of barack obama and get him out of the white house. >> jeanine: joining me, governor mike huckabee. welcome. >> great to be back. >> jeanine: what a week it was, newt gingrich in lead to and by thursday, two days later, mitt romney is ahead and pulling away. what happened? >> this has been the most amazing election, the lead continues to swing back and forth, and, you know, like the blade of a guillotine. it has been unbelievable and i have never seen anything like that, it's not like a point or two, you will see a 20-point swing in five days, it is uncanny and this is a week mitt romney had a great weaning, on two different debate stages and newt gingrich struggled on those same stages. >> you know, i don't think i ever watched a debate where i stood up and started cheering and going, yes, and i won't tell you... all three at different points but this week, mitt romney started dumping the

attack ads, the super pac attack ads on newt. did they make a difference. >> i think so, but the thing he didn't show a couple of weeks ago was a clear throated defense of his own personal wealth and capitalism. capitalism in the broad sense and more specifically, how did he get his money and what has he done with it and i thought he had a brilliant defense, i earned it, i didn't inherit it and i thought success is what we shot for in america and that was the stand and deliver moment that he really needed, and i thought he signed in that. >> jeanine: he did and what is amazing. people sometimes hide from their wealth and so, it was -- as fit is a bad thing and in this country it should be a good thing and he owned it and good for him. >> if a person obtains it legally and appropriately, there is no reason to think that he didn't and maybe, we would look at it and say, wish i would have gotten that much along the way

but the point is, there are only two issues of stewardship, how do you get it and what did you do with it. he took risks and invested and made good investments and, it worked out and that is not -- nothing to be ashamed of and the second thing, release of his tax returns show he is an extraordinarily generous man, gave 16% to charity compared to so many people, running for office who have given less than a percent and, that is telling, because, where a man's heart is, that is where his treasure is and you see that. total, between taxes and charity, was over 40%. that is a real strong message to say, that he got it the right way and did something appropriate with it. >> jeanine: we talk about those mitt romney attack ads and '08, rush limbaugh has talked about it, he said mitt romney dumped the attack ads on you and you hated him for it. >> i did. of course i did. when you are the object of somebody's attack ads and they distort your record and may you appear to be something you know

you are not and your supporters know it is not pleasant and seem say, are you endorsing mitt romney? no, i'm not but i'm not against him. that was four years ago and i'm not running against him and he's not running against me. it is hard to like somebody when you are running against them. >> jeanine: people don't understand when you run for office, i have run for office, you end up hating your opponent, and, then, a couple of months later it is all fine and you get it but, the public thinks something bads is going on. >> you can't hang onto it. people run for office and never get over it and you have to give it your best shot and, it stings and it hurts and you lay on the fooled with blood all over the place. >> jeanine: and obsessing at night and can't sleep. >> but you say, you know what? i gave it my best shot, let's move on and see where life ticks me next. what you have to do. >> jeanine: now, newt is releasing the dump negative on

mitt romney and he's using you. let's look at it. >> if a man is dishonest to obtain a job he'll be dishonest on the job. what kind of man would mislead and distort and deceive to win an election? this man would. mitt romney. >> jeanine: what do you think of that one? >> i released a statement, on friday, of this week, and, in that statement i said it was neither approved by me, it wasn't out thrived and frankly taken out of context, in that spot that they used from four years ago, i never mentioned mitt romney. that could have been aimed toward john mccain, fred thompson, rudy giuilani, any number of people running on that stage. i let the viewer draw the conclusion as to which candidate that fit. but i didn't do it. >> jeanine: does that tell you newt is desperate and he didn't ask you or get your permission and is trying to make the innuendo using you as the hammer? >> look, candidates would never ask someone like me, because i'll tell you why.

number one, we'd say no and number 2, if he runs it and i ask him to pull it, he's getting all the extra attention for the ad, because of the controversy. but, let me be fair. because i'll get a lot of people saying you are against newt. i'm not. i asked mitt romney to pull an ad a month ago and he quoted me and picked up on something that i said, and was running it as part of an asset and that gives medium the impression i'm endorsing and i'm not and appreciate if you pulled the ad... >> jeanine: you will not endorse anybody here tonight. >> one thing that has been a great benefit of not endorsing, if i think someone has done a good job, i thought santorum was on the top of his gape thursday night and i can say that, it is not an endorsement and i'm not in the tank for him and if i think romney has done well, i'll say that and if i think they say messed up, you know, and they put a big greasy spot where they were standing i'll say that as well. >> jeanine: let's talk about florida. you have more than 1 million

hispanic voters, and you have newt, far more forgiving and, mitt romney is pulling away from newt gingrich and univision said mitt romney is 49% to 23% for newt. do you think newt could still win in florida. >> he could, something dramatic has to happen in next couple of days and mitt romney reversed a ten-point jump and he's 8 or 9 ahead and that is beyond the margin of error, the momentum is certainly his way and he has the money and the organization in place and that is critical. florida is a tough state and it is big, ten big media markets and 67 counties, spread all over the place, panhandle to south florida they had keys. >> jeanine: mitt romney was ready and he knew it from four years ago. and what did you think of his debate performance. >> it was the best of his life. he defended his own record and i thought the way he took command

of the stage, a good example, when newt gingrich tried to deflect wolf blitzer's question and said i don't want to talk about mitt romney and wolf said, no, you brought it up, i didn't, you berate up in the campaign trail and, when begin grunewt g walked it back, mitt romney said, why aren't you going to say to me on the stage what you have been saying about me out there... >> jeanine: off the stage. >> jeanine: the turning point for me was, newt gingrich accuses mitt romney of having shares in fannie mae and freddie mac, and, mitt romney says, you had the same mutual funds that invested in fannie mae and freddie mac and it was stunning, the whole night was. >> you almost saw newt say, the wonderful character, gilda radner, never mind, that is what i thought. >> jeanine: finally, if gingrich doesn't win florida is he done? >> no. he's not done. but neither is santorum and ron paul and, as of now, nobody has

more than 33 delegates and it takes 1144 to win the nomination, we're a long, long way and now here's the reality, if he wins florida, it is a winner take allstate and, most of the february calendar favors romney, places like michigan and nevada where he'll do very, very well. and means the other candidates have to stay on their feet for february and give them a reason to put them in the game, starting in march. >> jeanine: let's assume mitt romney ends up the candidate. he scores better against barack obama than any other candidates. but, how is he going to defeat barack obama if he can't get 50% of the base? >> i think that that is... not a figure you have to worry about, republicans, care about beating barack obama, and getting a new president in the white house. >> jeanine: if we keep going on

with this we can have you on my show more often, that is the good news. >> thanks. >> jeanine: up next, noted republican pollster, frank luntz interprets reactions to the candidates and knows how to push buttons, the man who made newt gingrich cry. and plus a three-way battle for a million-dollar lottery ticket. who does it really belong to? a judge may have to decide.

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america travel mug free with your hoveround delivery. call or log onto hoveround.com right now! >> jeanine: the republican race takes a nasty turn. will that work with florida voters? frank luntz is a pollster and republican strategist. hi, frank, how are you? >> pleasure to talk to you. >> jeanine: good to have you on, frank. all right, you analyzed the debate on thursday night and there were some real zingers. let's look at romney's response to a gingrich attack. >> we discovered to our shock

governor romney owns shares of fannie mae and freddie mac. he made a million dollars off of selling some of that and has an investment in goldman sachs, which is today, foreclosing on floridians. so, maybe governor romney in the spirit of openness should tell us how much money he made off of how many households, foreclosed by his investments and let's be clear about that. >> my investments are not made by me. they are for the last ten years have been a blind trust, managed by a trustee and secondly, the investments they made, we have learned about this as we made or financial disclosure, have been in mutual funds and bonds and i don't own stock in either fannie mae and freddie mac. there are bonds, the investor has held, through mutual funds. and, mr. speaker it sounds like an enormous revelation but have you checked your own investments? you also have investments in mutual funds that also invest in fannie mae and freddie mac. >> jeanine: wow, that was a

compelling moment. but what do the graphs mean? interpret it for us. >> first thing, the red line is conservatives and the green line, moderates and the higher the lines climb the more favorable the react and when newt gingrich begins to challenge mitt romney for the stocks that he owns, you see the lines start to climb, though you hear from the audiences, listen carefully, some start to boo and when mitt romney comes back and slams him over the fact it is a blind trust, romney scores points and the one thing we have learned from the debates, republicans hate republicans attacking republicans. and i give the romney campaign credit. in most of the debates up tim the last two he has been gentle on his opponents and, focused mostly, negatives in the advertising campaigns and they come from the super pacs and he's not responsible and newt gingrich has been attacking in the debates, excepts the last two and seemed to hold back. there is an 11th commandment

republicans have forgotten, the ronald reagan commandment, you don't attack each other, while the gloves are off and republicans are nervous, that all of that back and forth to reelect barack obama. >> jeanine: but, both of them got the highest points it appears on the graph when they really socked it to each other, though. >> well, there are other moments in the debate that scored higher and the ones you show. you are correct. that when they are making these points about who you are and what you are about, the audience is listening. but what they are really looking for are policy differences, there are three things republicans want, number one, someone who can defeat barack obama and number 2, someone who says what they mean and means what they say and number 3, someone who can communicate effectively, to win over the undecideds and they don't think any one of these candidates has all three, and, which is why you see the polls fluctuating up and down, almost daily. >> jeanine: let's look at the next interchange, between -- exchanges between wolf blitzer and newt gingrich.

>> are you satisfied right now with the level of transparency as far as his personal finances? >> we have a relationship, goes back a long way. i'm with him. this is a nonsense question. >> mr. speaker, you made an issue of this, this week when you said that he lives in a world of swiss bank and cayman island bank accounts... >> i didn't say that, you did. >> i did and i'm happy to say that on an interview on a tv show and this is a national debate where you have a chance to talk about a range of issues. >> if you make a serious accusation against governor romney you need to explain it. >> wouldn't it be nice if people didn't make accusations somewhere else they were not willing to defend here? >> okay, all right. >> jeanine: he wanted to turn it on wolf blitzer and romney turned it on newt. interpret the graph, frank. >> exactly. the republican audience is watching these debates, and have been angry at all of the

broadcasters, even to some degree, fox news for the questions they've asked, i want to credit fox for getting really strong kudos, "washington post" and "the new york times," but, there has been frustration with some of the questions that have been asked, nitpicking or trying to get the candidates to debate each other and newt gingrich tries to turn it against wolf blitzer and the line goes up and mitt romney was prepared and who ever is debate prepping him now, deserves kudos, newt gingrich is trying to stick up for mitt romney and he hits him. and they call that political jujitsu and why most people thought that he did well on the debate. >> jeanine: he does have a new debate coach, doesn't he, michelle bachmann's debate coach? >> i think he's having a little bit more success with mitt romney than he had with michelle bachmann, look, romney, the challenge for mitt romney isn't the issue of passion and his

intensity, primary voters want someone to take to it barack obama and not back down and romney has done it with newt gingrich consecutively the last two debates, that is why the polling numbers in florida are starting to move in his direction and they are hoping instead of being up on newt gingrich, the governor will instead beat up on president obama. >> jeanine: okay, frank, stay with us. now, coming up, governor sarah palin, and, did newt gingrich go lunar? when he promised to colonize the moon? ♪

>> jeanine: we're back with frank luntz continuing his analysis of the debate from thursday night. now, frank, here is gingrich,

selling his lunar colony idea. >> i believe by the use of prizes, the use of incentives an opening up space ports so it is available for commercial flight and using common sense for example, the atlas 5 could be fixed into a manned capable vehicle so you didn't have to rely on a russian launch or a chinese launch, many things you can do, to leverage accelerating the development of space, lind burg flew to paris for a $25,000 prize, if we had a handful of serious prizes you would see an extraordinary number of people trying to get to the moon and, i would like an american on the moon before the chinese get there. >> jeanine: frank, handful of serious prizes? i can't wait to hear your analysis of this one. >> yeah, mitt romney jumped him for it and the reason he talked about it is because the

residents of florida believe in the space program, and they know it better than anybody else and romney is playing the national approach and saying, why spend money in space when you cannot afford the roads and highways and in the investment here and the argument wins votes in florida but is not a strong argument nationwide. republicans want him to cut spending and i asked him this and tomorrow night at 9:00 i have him on for two segments and rick santorum to talk about these and other issues and get a chance to tell the public without the debate format to tell the public what they think and i hope viewers will tune in tomorrow night. >> jeanine: you pitched it up for us. how do you get the responses an know what people are thinking. electrodes or patches on their chests? you do? >> i love it, if i could do electrodes but i would be sued and, in fact, you based on your previous career might be the one who throws me in jail.

what they do is have a device about the size of a remote-control and turn it up or down at every second, to react to every word and phrase and allows us to subject advising an debates and exactly -- what words work and don't and the last debate, santorum and romney did well and, based on these dials, newt was not as successful on thursday night as previous debates. >> jeanine: he seemed not as sure of himself and not as strong as he has been. but let's look at ron paul. >> i challenge any of these gentlemen here to a 25-mile bike ride any time of the day in the heat of texas. >>. >> there are laws against age discrimination, if you push it too much you better be careful. >> you are in the oval office and speak to raoul castro, what

would you say to him. >> i'd ask what he called about. >>... very important as well, where do you stand on this? >> well, i don't think we should go to the moon, maybe send politicians up there... at times. >> jeanine: there were very entertaining moments, what is your take on how the audience reacted to ron paul? >> they laughed at him and i felt like i was watching the old ed sullivan show and red skeleton was a guest on it and that is meaningless to a lot of are audience. and he's always done effective with young voters and the older voters when they listened to him, his willingness to make fun of himself as he made fun of others, they appreciated it and there's a reason why paul has been getting ten, 15 and some cases 20% in some of these states, he is not going to do well in florida, because i'll tell your viewers this, i think he could win the nevada caucus

one week from today and that is what he's focused on. >> jeanine: who do you think is going to win florida? >> if i had to guess, mitt romney wins and there was a point when he was a 20, 25 point lead over gingrich and his goal, i believe his goal, the campaign's goal is to win by ten point and they'll tell you they want to win by one note and anything more and it is significant. and i agree with mike huckabee the campaign will go on and there will be at least 4 or 5 weeks, and, the challenge for voters is to say to these candidates, don't tell me what you are a against with the other person, tell me what you are for, and, let's make sure these debates are more productive, and less negative. >> jeanine: all right, frank luntz, always good to see you. >> a pleasure. >> and governor sarah palin thinks ronald reagan would be ashamed of republicans right now. we'll ask her why, straight ahead. p@?ñm ñoy÷h>óñc>

to "justice with judge jeanine." >> jeanine: a "fox news alert," herman cain just announced that he is endorsing newt gingrich. governor sarah palin joins us now. governor, thanks for being with us this evening. >> thank you so much and big news, this the cain train is chugging along, good for newt, garnering the support and the supporters from herman cain. it will be beneficial. >> jeanine: certainly, i think one of the few national individuals who endorsed newt gingrich. but, let's go back a little bit. now, why do you think that ronald reagan would be ashamed of republicans now? >> well, ronald reagan wasn't afraid to take on sitting members of his own party. who were in office in the '70s, he challenged a sitting republican and, he knew, though, that the politics of personal

destruction ultimately hurt the cause of conservatism and when we see today what happened there, in florida, over this last week it has gone beyond the pale and beyond just aggressive and fair campaigning against an opponent. and it has been disengagement, in the politics of personal destruction, as rick santorum pointed out, romney drew first blood and at first, newt gingrich didn't respond. he wanted to take the high road and publicly announced his intentions to take the high road and when you are continually hit and bombarded with negative rewritten history about yourself, and your record, you have to hit back and that is what we saw newt gingrich engage in, and, from there, judge, it got even worse, with those in the establishment who do not want to see things shaken up and changed in washington, d.c. and they came out aggressively against that agent of change, who has promised to shake it up and that is newt gingrich.

>> jeanine: well, you know, i think the argument as to who drew blood first is something all the candidates would disagree about, but, at the same time, governor, don't you think that in facing obama, in the november election, that these guys really need to get up there and toughen it out and be able to defend themselves? get this news out there, so when they run, people will say, oh, i heard that six, eight months ago? >> that is why i have been the proponent of continuing the vetting process. and the aggressive debate that should be fair, though, and healthy debate that our country, the electorate will benefit from and i say when i hear pundits on this and other networks glee fully proclaiming it is all over by florida, despite the fact 47 states until today have not even been able to chime into the process yet. we have only seen three states have either a caucus or a primary process, to help choose a nominee and we see the pundits and politicos and elites,

telling the electorate, hey by florida it will be wrapped up and we'll have our nominee and i'm saying, no, don't let it happen, because they need to toughen up and need to debate these ideas, so that we elect through a nominating process the best candidate to come up against barack obama and his failed policy and that is why i say, these folks who want to shut it down, in the speedy process, say by florida, and are saying, we have our nominee and we'll go forward, no, i want to hear from santorum and why it is that he is in citizen sist tent repealing obamacare and, romney care and and stosantorum and, io continue to hear from ron paul, how as the nation spends itself

into oblivion we'll become slaves to other countries and we have to quit experimenting through qe-2 and now 3 and need to understand that the set-to-gdp ratio now 100%, how that will bankrupt our country. i want to hear more from newt about the reagan revolution he was a part of and how it shook up the establishment back then and how it can do that again. and that is what we need and i want to hear more from mitt romney, about not being ashamed of his personal financial wealth and how it creates jobs and how you worked hard for the money and i want to hear from all of them and i don't want the process to end yet. >> jeanine: you talk about the vitriol, here is newt gingrich talking to our greta about the vitriol and the anger in the campaign. let's take a look: >> i think the prospect of gingrich actually becoming president for the old guard is

horrifying and i mean, they -- they are all comfortable and set in their ways and part of an establishment. i come along, i'm a genuine populist, i know enough about washington to change it and distanced enough from washington to change it and i think they find that a nightmare. >> how can newt gingrich distance himself and say that he is not an insider when, there are those who would say he's the so consummate washington insider, speaker of the house and, an insider. >> how can he say he's not part of the establishment? look at the players in the establishment who are fighting so hard against him and they want to crucify him because he has tamed into that average, every day american tea party grassroots movement that said enough is enough of the establishment. that tries to run the show and tweak rules and laws and regulations for their own good and not for our nation's own

good. well, when both party machines and many in the media are trying to crucify newt fought for bucking the tide and the establishment, that tells you something. and i say, you know, you have to rage against the machine at this point. in order to defend our republic and save what is good and secure and prosperous about our nation, we need somebody who is engaged in reform and is not afraid to shake up the establishment. so, if for no other reason, rage against the machine, vote for newt, annoy a liberal, vote for newt and as more debate happens we'll hear more from him and other candidates who will oppose his position, he claims he's not part of the establishment, let's hear more about it. >> jeanine: all right, look at another clip, here's when -- talk to newt about the moon proposal. >> a lot of people are laughing at your moon idea.

>> that is the reason i'm running. we have gone through a period of decay as a country. where we lack self-confidence and look a romantic vision of being an american. and we look connection with then exceptionalism. >> jeanine: all right, governor, how does a fiscal conservative like yourself support a candidate who wants to make the moon essentially the 51st state? isn't that expensive? >> i'm sure it is an expensive proposition, as it was in the '60s, to even travel to moon and yet j.f.k. had that, not just a romantic notion, but, a notion that america would be first, that we would win. that it was necessary for our psyche and for science and for so many reasons, that we be the first at some exploration and i believe that that is what newt is explaining to the public today. there is nothing wrong with the grandiose ideas. it is a matter of priorities and every politician, i have heard from on a national stage has

ideas that maybe sound a little bit, like they are off their rocker when they propose them, but, it does come down to priorities, i know we're spending a heck of a lot of 0 money today, even small sums, that add up, though, on things i think are hair-brained like cowboy poetry congress still supports today, going on in nevada and i could give you many examples of ridiculous things that our nation has to fund, taking money from taxpayers, there's a lot of things that have to do with priorities of congress and what will be funded. i don't think there is anything wrong, though, with dreaming big in our nation, because, that is how america became an exceptional nation. we thought big, we thought winners and i want to see that continue, too. >> jeanine: governor, i asked my twitter followers what they wanted me to ask you. and, i am @judgejeanine:

which candidate has the best chance of beating obama? >> well, i would answer, which candidate is most passionate about the sudden and relentless reform that is needed? which candidate understands that government is not the answer? not on a state level, say when it comes to mandating what level of health care you must purchase. or on a national left. and, i think that comes down to who can articulate their ideas, their solutions, best. and in a campaign the way you articulate that is in the debate. and, i have appreciated again, newt gingrich's -- his style in debates, his thinking, his way of explaining what it is that he stands for, so i think that in a debate, newt gingrich would clobber barack obama and that is one step closer to the voters being able to have a tool to make up their minds whether it

should be barack obama or the g.o.p. nominee. >> jeanine: sounds like an endorsement to me, governor, have you just endorsed newt gingrich? >> i said for many weeks now, i want to continue the process of the vetting... >> jeanine: but you said, the best chance of beating obama. >> because the math is the math and the math is... >> jeanine: the math is obama... the math is mitt romney is the strongest obama and santorum beats newt in terms of the math. >> that is at this point without the vetting process continuing and the debates continuing, which i would like to see. the math is the math and the math shows us today that mitt romney and newt are very close. now, if that's pundits are telling us, those elites who want the better of us, who want us to just obey them and listen to them, they want to shut... >> jeanine: up against a hard break. governor, thank you so much for joining us. we are up against a hard break. anyway. should this woman be prevented

from seeking public office because her english is so bad? i mean, really, really bad. that is what a judge ruled in arizona. the woman is fighting it. and my legal team will fight over it, too. straight ahead. on "justice."

>> newt gingrich, who came to power, preaching a higher standard in american politics.

a man who brought down another speaker on ethics accusations. tonight, he has on his own record, the judgment of his peers, democrat and republican alike. by and overwhelming vote, they found him guilty of ethics violations. they charged him a very large financial penalty and raised -- several raised serious questions about his future effectiveness. >> i'm mitt romney and i approve this message. >> jeanine: the issue is who will win in florida and what strategy can take the state? ed rollins, republican strategist and fox news contributor and kirsten powers, daily beast columnist and fox news political analyst and lenny curry, republican party chairman for the state of florida. all right, everybody, you just saw that ad with tom brokaw that mitt romney's campaign ran. is it effective, ed. >> it may be but it's not accurate. newt was not driven from office by anything that happened ethically. he was pretty much cleared. using brokaw is just not good

politics. it may have an impact down there but is not fair to newt gingrich, he basically fought hard, and, because of his efforts and nobody els and we need to be honest about this strengths and weakness of the candidates. >> jeanine: kirsten? was it an effective ad. >> you know, it seems like -- well, it is effective unless voters hear the truth, which is what ed was talking about and, at this point is getting old with the mitt romney campaign rehashing it over and over again. there are plenty of things you can say about newt gingrich, that are critical, without having to make something up. and, as ed said, that is not really accurate in terms of why he left, office, and, certainly you could find so many people who say he was hard to work with and that he was, you know, unpredictable, and, on both sides of every issue and also, other things and those would be accurate criticisms which people

care about and this one, if someone believes it, perhaps it might be accurate but it is not true. >> jeanine: isn't it true, though, kirsten, that he had to pay a $300,000 fine, that he had to apologize in front of the house and he was the first speaker who was reprimanded? >> yes, but, look, it is lies, you can mark the time as the time, 9:47 is the time kirsten powers defended newt gingrich, and it takes a lot to do that but it was an extremely partisan situation where people were going after him, he ended up being exonerated of the most serious charge in terms of... the iize irs exonerated him on and, exonerated on two and one was not true. and the mitt romney campaign links it, to, them it was all over for newt and that is not what happened.

>> jeanine: len yny curry, stat of florida, do you think it was an effective ad. >> they work and are effective because everybody is using them, if one candidate decided to stick with a positive message and tie the free enterprise market, defend entrepreneurism and how it affects individual lives, the negative ads would not work. >> jeanine: what about the fact tom brokaw is the messenger? do you think he was smart in selecting a messenger who might appeal to the citizens in florida? >> tom, himself, said he wished they'd pull it down and nbc has and the other night mitt romney made a clear point, if you are not willing to make the attack yourself you shouldn't do it and, obviously hiding behind this story would be totally different if he did the story today and where it was and i think there's a lot, as kirsten said a lot you can talk about newt in but at this point we are -- and what he has to

understand, the end of the campaign four years ago, i was mike huckabee's chairman and every candidate in the race hated his guts and at this time, if he becomes the nominee of the party he will need conservatives and need them desperately and the kind of campaign he's running is driving conservatives away from him. >> jeanine: all right, guys, more than a million latinos vote in florida. who gets the latino vote? kirsten. >> everybody is courting them. santorum has the endorsement of the latin builders association but he's not the major player and i think we're looking at newt or romney. my best guess would be mitt romney mitt romney. because i think he's a little -- being more moderate and newt has been running the ad saying he's anti-immigrant, which rubio has criticized and when you get criticized by marco rubio that is not a good place to be. as a republican. >> jeanine: and lenny, governor fortune know from puerto rico

endorsed mitt romney. does it help in your state? >> i certainly think it helps when you get an endorsement like that. i can't pick a candidate because it will be my job to... who emerges victorious, to rally the troops behind the individual and the hispanic vote in florida will go to the faith who can best connect as individuals and talk about how to create policies, to create better lies an opportunities for families in the next generation and everything, whether social security, medicare, immigration reform, everything ties back to the free enterprise system. >> jeanine: ed, kirsten and lenny, thanks for being with us this evening. and, a judge rules a woman, born in the u.s., cannot run for office, because her english is so bad. should command of the english language be a requirement for public office? we know a place where tossing and turning have given way to sleeping.

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>> jeanine: a woman is fighting a ruling by a judge who disqualified her from running on a seat on the city council, because, quote, it was clear to the court that she was stymied by many question, did not understand many questions, and failed to comprehend what was being asked and, guessed at the answers. she was born in the united states. and now joining us tonight, is a criminal defense terry, fox news contributor and joey jackson, former prosecutor, my favorite lawyers, all right, do you have to be able to speak english to run for office in the u.s. and does the judge have the right to take her off the ballot. >> yes. if you analyze it the way i want you to analyze it.

they'll say it strict scrutiny and, we'll argue it was a rational basis and you need to look at it, whether it impedes the government in its functioning and i say she will not be an effective -- >> 90% of her constituents speak the language she is more proficient at. >> and what if the president of the united states wants to talk to -- >> he's a friend of justice scalia. a supreme court person, put it in proper terms, one requirement to run for office and get elected, the electorate that supports you votes for you. this is a democratic process. and irrespective, how you look, what you wear, how you speak, if the voters feel she is not speaking appropriately... don't vote for her, period. >> is there a degree of common sense in the democratic process and legislators should know what is going on?

>> we respect jurors's verdicts every day when we go to court. >> but, the judge -- you need to read and write english. >> jeanine: the answer, gentlemen, in 1910, congress allowed arizona to be part of the united states they said there is a proviso you have to be able to read, write and speak the english language to perform the duties of public offers. they didn't -- >> city council, when they conducted meetings they speak in english and spanish, an outrage, voters should decide, period. >> jeanine: go to the money now. who goatsets a million dollars the arkansas lottery. woman buys a ticket and the woman -- a woman who owns a garbage can the ticket was thrown into and the woman is a dumpster diver and goes in and pulls out the ticket. who gets the money. >> the woman who owns the garbage can. it is hers.

go to the mens rea. and the woman with the lottery ticket throws it away and gave it up. good-bye. he's out... >> jeanine: she has a sign, don't tamper with my garage. >> she claims that but, you mentioned scalia. if the garbage can is on the street. open game. >> jeanine: the person threw it away, joey. >> the person who took the ticket and possesses it, possession, 9/10 of the law, it is theirs. talk about the garbage -- let me finish. they own the garbage, if the proprietor of the establishment wanted it to be private and want it to be their garbage, put it behind this counter and talk about putting it... >> what if i put a thousand dollars in there. >> jeanine: finders keepers losers weepers. arthur, joey, thank you. and that's it. tonight, thanks for joining us, e-mail your comments, just@f

justice@foxnews.com, maybe joey, maybe me, see you next time, who