>> tonight on "justice" does mitt romney win in nevada? does he take the momentum to super tuesday? the results coming from the nevada caucuses. we have complete coverage. plus... >> talk from michelle bachmann. are we headed into war with iran? will the tea party take on president obama? more fury over operation fast and furious. >> an agent was murdered and your action is to move people around. >> eyes were on capitol hill for holder's drilling. what was going on at the department of justice? >> didn't fire anybody. >> nobody has been fired.

>> the women of the funny ranch announce their endorsement. we will reveal their candidates coming up tonight on "justice k"justice ." >> welcome to "justice." i am jeanine pirro. bret baier anchor of "special report" will be on hand starting at 10:00 p.m. eastern with complete results of the caucuses. he's stop i by justice first. good moaning, bre -- good evening, bret. thanks forking being with us. we are waiting for clark county could tomorrow in. >> this is a caucus state. they had caucuses through out the day and into the evening. all of the caucus sites are closed except for one, and that one will start at 10:00 p.m. eastern time. once the doors close there we expect that you will get a dump

of information from the nevada gop and we will be able to make a call at that point. what you see at the bottom of the screen here judge the raw vote total from the nevada gop. we are putting that out. we expect another reporting in just a couple of seconds. it will update automatically. it is a good night. a very good night for mitt romney across the board according to the entrance poles and according to the raw vote total. we will see how big a night it is for him coming up. the big battle right now is for second place between newt gingrich and ron paul. >> it appears that ron paul as you say, brett, is faring very well. wh to what do you attribute that? >> he spent some time in nevada. he spent some money about 370,000 dollars in advertising on the ground. he has historically done well in caucus states which require a lot of organization in order to get your people out to these different sites around different states. he is expecting a good night. if he comes in second that's a big win for mitt.

i talked to him just a few minutes ago and he's excited about the prospect and he's already in minnesota another caucus state where he is trying to organize there. >> he's talking about going all of the way to the convention. do you know why he would do that? i mean he's not going to beat mitt romney or it doesn't appear? >> don't tell him that. because i talk to do him and he seems like he's still raring to go. he's going to all of the stops. he says he's going to continue to fight. he's fighting in maine. the caucuses that are ongoing. we will have results there on the 11th. he's trying to wrarack up delegates. i b i don't know if he talks in broad terms about winning the nomination. he clearly talks about a movement. he wants to affect this party and the platforms that are going on, the gop platform. >> obviously if he does well he stays until the end he has the ability to have some input going in with delegates into the

platform. >> that's right. and at some point depending on how well he does you could envision a prime time speech in tampa at the convention. you could envision some kind of give and take with the nominee about specific platform policies. and i don't know, he doesn't talk in those terms. he's still chugging along state to state to gather delegates. >> kudos to him. but right now if romney does win as is projected, is this a knockout punch to newt gingrich? >> going in, judge, you know, it was expected that mitt romney was going to do very well in nevada. he won in 2008. the actual mormon population in nevada while there is all of this talk about mormons in nevada it's pretty small about 9 percent, but about 26, 27 percent turnout for the caucuses. gets a lot of that support there. he was predicted to do well.

is it a knockout punch? no. the question for newt gingrich is about money and about continuing on to super tuesday. because his plan is to do very well in those super tuesday states with a specific southern strategy. if he can't get there because of money and he starts running into deficit spending that is always a bad thing for a candidate. >> you know, consistent with that poll lito says that there's an article that says the campaign is unravelling. is what you are hearing consistent with that? >> i talked to some senior advisors tonight. they are saying that this news conference at 11:00 p.m. eastern time will be laying the groundwork the pathway forward how they are going to go forward not only raising money but competing in all of these states. anecdotally the gingrich campaign is not a smooth machine, let's say. it is not well oiled at times, and you can have various press accounts of how that goes. i saw it on the ground in

florida. that said, they say they are determined to condition the fight in all of the states specifically on march 6th. >> he's given his phoenix ability to fall and then rise again. let's talk about the nevada. it has the fastest hispanic growing population in the nation. 26 percent i understand. and the most vocal proponent of immigration is mitt romney. yet it appears he's doing extremely well and will probably win in nevada tonight. how do you explain that? what does this tell you going forward in the national election? >> well, i don't know, judge, if it tells us a lot about nevada and the hispanic or latino population there. at least according to the entrance polls going in it's 5 percent hispanic latino call

themselves hispanic latino of all of the caucus goers. how they broke down we will find out in the next few minutes. the population very small at least self identified going into the caucus site. the immigration issue the stamps by mitt romney is a big general election issue. democrats will try to hit on that hard because the democratic plan to reelect president obama has a pathway to western states. that is a part of the reelection. they hope to take some of those rern states especially in the hispanic and latino population. looking forward to tuesday we have minnesota, colorado, missouri, what do you see, brett? >> minnesota is a place that lines up again for ron paul.

he spent organization time there. rick santorum is heading there. colorado, santorum is there now. he by the way, is going to finish a distant fourth it looks like according to the entrance polls and will get mora votes total. that was predicted going in. santorum says he's fighting on. tonight he said specifically if either of these two guys meaning newt gingrich or mitt romney is nominated quote let me assure you we will not win. republicans will not win. bold statement for rick santorum. we are going to talk to him tonight live at 10:00 and talk about his plan forward. he has been spending time in colorado and minnesota. in missouri there are no delegates tied directly to that race. it is basically a contest like a straw poll that doesn't have delegates tied to it. newt gingrich is not on the ballot but rick santorum is

polling well going in. it could be a momentum builder for him. >> it will be an interesting interview tonight. thanks brett. thank y -- thanks, bret. thank you for being with us tonight. >> congresswoman michelle bachmann house intelligence committee member joins us next. ♪ [ smack! ] [ smack! smack! smack! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum ta tum tum tums [ male aouncer ] red lobster's ur course seafood feast is back. get soup, salad, cheddar bay biscuits, dessert and choose one of 7 entrees. four courses for only $15. offer ends soon. i'm jody gonzalez, ed lobster manager and i sea food differently.

>> 40 delegates in the state congresswoman michelle bachmann joins me now. let me welcome you congresswoman bachmann. good to see you and good to have you back on the show. >> thank you justice. an honor to be with you again. >> here we are the nef neve caucuses a -- nevada caucuses. you haven't indicated who you are going to endorse. will you be endorsing someone? >> i may. i reserve the right to. at this point i haven't made a decision about endorsing. of all of the presidential candidates i think those who are left or decided not to opt into the race have made a decision. i haven't. my whole intent is to be a unifying voice. i want to bring all of the independents republicans and democrats. i want to be sure barack obama

is a one-term president. i want to be a unifying voice. >> that is a good thing to hear given the fact that 92 percent of the ads in florida were all negative. right now it appears newt and mitt the top two are going after each other. how does that impact your decision if at all? >> well, we have a positive message as a party. ultimately whoever the nominee will be will have a very positive message. i understand the process is messy. i was a part of it. it is very hard and we have to sort out where the candidates stand on issues. it's a tough process. beats the snot out of a person to go through something like this, but it is a good process. i defend it because it is the toughest job in the world. this process causes candidates to be better. to be better than they were before. so at the end of the day we will all class p hands and be friends. barack obama is ultimately our goal to defeat? why? because he's hurting our

economy? why? he's hurting us on national security. there's a reason he has to be a one-term not just so the other team in the other jersey can get in but because we want more jobs and higher wages and any four of these candidates will be able to deliver that and i am on their team. >> who do you think is the candidate that can beat obama? >> that's in the process of deciding. we aren't even up to 100 delegates yet for any of the four candidates. as you know the candidate will need 1144 votes in order to win this nomination. very soon i think we will see probably the numbers will fall for one candidate or another. i don't anticipate this will go on long and then we will unite at the party. >> congresswoman i don't think any one has been closer to this whole thing than you. you have a good sense of the candidate. who do you think is the one to beat? you have been on the stage with these guys. who do you think in your heart as a person who can beat barack

obama? whether we come together or not you have seen them, you have seen them under pressure you have seen them behind the scenes. who's the guy? >> that is true. i think i was the guy. i was i think the best an cat o candidate to take on barack obama. of the guys on this stage they are all good men. honorable men. they are men of integrity. i have high regard for all of them. i haven't made up my mind but i reserve the right at some point. i may endorse. but i think it's good for them to go through this process. it's tough, it's not easy. it's really tough to be a candidate. that's why very few people try something like this, but i applaud them for getting into the frey. it's not the critic that counts as was stated by teddy roosevelt it's the people who get in to try to do something to better the country. each one of these men are trying to do that. >> you say you were the guy to be the best president.

i have to tell you with all due respect you are the first woman to officially run for president as a republican candidate. i give you kudos for that. you have done a good favor in terms of the republican party. i for one as are many women proud of you for crusading and pioneering in that regard. do you think your running has made a difference for young women? >> i know without a doubt it has. i have had a lot of young women talk to me and older women talk to me. just today i had a young professional woman saying to me saying thank you so much for doing this. you gave me hope and inspiration. even if it meant laying myself down as a stepping stone for other women in the future it's important. it's an important first step. i am very thankful that i did it. i think i contributed in a very serious way. i am the chief author to repeal obama care and frank. for our candidates that's only

one right answer the full scale repeal. the candidates weren't on the page when the process started. now they are. i was the only candidate with current national security experience. i elevated that issue because a nuclear iran is a very real possibility. it is on the front page of the newspapers even today. we are seeing -- that's why it is very important obama doesn't have a second term. yesterday and friday we saw the supreme leader come out and say very aggressive statements. he said that iran will be in a position to pay back by a factor of 10 for the economic sanctions imposed upon them. they were directing those comments to the united states of america. so we need to pay attention to what is happening. these are very serious days we are in the middle of. >> no question about it. congresswoman i am going to ask you to stay with us. when we come back we will talk more with congresswoman michelle bachmann what is going on in terms of iran and your position

on the intelligence committee. stay with us. >> he is hoping for a second place finish. just seconds late, what happened to the newt gingrich who won south carolina? his senior campaign advisor straight ahead. i'm in a tricky situation here.

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>> back with congresswoman michelle bachmann. before the break you talked about what's going on. you are still on the intelligence committee. what would happen with respect to what is going on with iran and israel. is there a possibility the two of them are on the brink of war? should the united states be drawn in? >> asking an excellent question. these are very observering

times. thursday we need to make a strike in the next few months in iran. the uranium enrichment program so our statement is made in response by the supreme leader. a very bold statement was made. we are seeing an increase in a heightening intention. our next president will be dealing with a potentially different world. we need to take it seriously and the united states need to be strong vigilant in attacks here. iran made it clear they are sincere they intend to build a nuclear bomb for the purpose of wiping israel off the face of the map. they have no reservations about using the bomb against the united states. our number one duty is safety and security of the american people. so i think if there is anything history has taught us, judge is

this, when a mad man speaks we need to listen. right now the mad men are speaking in iran. >> congresswoman the talk about the strike by israel on iran is something the united states wouldn't necessarily be privy to. does your experience on the intelligence committee confirm that? >> well, of course in my position i am -- i cannot either confirm nor deny what is happening on that level, but i think it's important for us to open documents to recognize we are in a very dangerous, very serious sobering timing -- time. we need to be vigilant. in my opinion i think president obama should not have given iran the luxury of time. they were engaged in in negotiations with iran. i think instead they needed to put on severe sanctions early on. i do credit the president they have put sanctions on recently and i think they will be more severe in the months coming, but i think it's three years too

late and i think those sanctions should have been put on some time ago. >> it's not surprising given what he said before the election he was more about talking as opposed to taking action and sanctions right off the bat. let's go back to the issue of obama chair. are you concerned the repeal of obama care is going to pretty much fall bay the wayside if mitt romney becomes a candidate for the repubublican party give allegations that romney care is so close to obama care? >> that would be a drtragedy of undue proportions. we need to make sure our nominee whoever that is means what they say and says what they mean on this issue the repeal of obama care. that was really the number one issue why voters showed up in 2010. it is why i saw the republicans retake the house of representatives.

america said we don't want socialized medicine in the united states. that's why you saw barack obama not even talk about obama care in his state of the union message. he knows how unpopular it is. whoever the nominee is needs to make it a full part of the campaign. they need to hold obama accountable for socialized medicine. we have to repeal it and this is our chance to do it. >> that would be even with mitt romney. do you think the tea party, you are the head of the tea party caucus, do you think that will get behind a mitt romney or newt gingrich? >> i think it is impair rif our nominee wheth nominee whoever it is they need to state unequivocally without reservation they will stand by the full scale repeal of obama care which is socialized medicine. if they do that they will have a

lot of people rally around their candidacy. >> congressman bachmann always good to talk to you. thank you for being with us this weeke evening. >> good to talk with you, judge. >> it is not time for the romney camp to pop the champagne yet. he is expected to win nevada there are big bets running on the second place finisher. complete coverage of the nevada caucuses coming up. o

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>> we expect governor romney to come in first. very large mormon population here. he got an absolute majority last time. i think our hope is we may be able to come in second. although ron paul is very organized. >> that was newt gingrich on greta van susteren show. kelly ann conway is senior

advisor to gingrich and former special assistant to president george w. bush andal less henakin is a fox news political analyst. thank you to you all. thanks for being here. i am going to throw it out so i don't have to talk so much. looks like mitt romney is going to take the nevada caucus tonight. he appears to be the top gop frontrunner. can he beat president obama? >> absolutely. i think romney is electable by the party and the people. we saw that in the entrance polls of nevada. they were lacking for somebody who can beat barack obama. i think romney is certainly well on the way in winning a divisive victory. >> why did it take him so long to catch on? >> this is a election process - selection process we don't anoint people.

>> really? >> that's the funniest thing i heard all night. that's the funniest thing i heard all night. >> going on his charisma then. >> i am still not saying i really love that romney guy. he's the most delectable he has business -- i get all of these calculated reasons that you kind of like him. you cannot look in the camera and say i really like him. >> mitt romney. >> let's hear it kelly ann. >> the fact is the republican party has a storied history particularly in the last 20-years of nominating the person next in line. it was mitt romg knee-- romney' turn. mccain lost we let him run. dole lost and became the frontrunner. if you nominate mitt romney you are going to get the result you

got with bob dole and john mccain. they lost to clinton and obama. this party does not want to knock nate someone who inspired romney care, whovrned like a liberal in massachusetts. every time you nominate a moderate instead of conservative we lose. the elect ability is silly. that's what 2010 is all about. >> you know you have to be selected by the party to be elected by the people. >> the people are making their choices. the people of florida have spoken the people of new hampshire spoken and nevada. >> have south carolina liern gnaw and iowa spoke? >> we are not going to talk about the two states that romney lost? those people don't matter? >> look at the momentum he has had in the west, the north, the south. >> this guy -- >> hold on a second. here is the problem.

newt gingrich comes in last when it comes to the national numbers in terms of beating owe ban ma. allen how do you handle that one? >> he appeals to the enthusiasts way over on the right. listen, here's the thing. the conservatives made a tactical error there were too many of them in the race. they are still slicing up the boat. romney is the sort of guy -- >> does it matter in the general election. i think he's better against obama than the others will. >> who? >> mitt romney will. nobody really loves the guy? >> which one? mitt? >> i think mitt romney is electable as for people in florida, nevada. he is doing really well.

>> good or bad? >> it was a net negative. they released a poll today that said 9 percent said more positive toward romney 41 percent neglectty and 49 percent indifference. i have to go back to the conversation. i never hear romney supporter say -- they never say he has the best tax and growth plan, he is the one that will repeal obama. it's always elect ability. 2010 shows the clues of what 2010 can be. in 2010 all of these lesser known under funded candidates sit in the state house as they were told you are not electable. >> kelly ann the object of the na game is not to have a candidate elected. >> they could all be obama.

there are plenty of people who ate obama. the people who like him you will never hear anybody say, yeah, i can calculate. they believe in things he believes in. they like him. >> now he has a record. he's not stand wiing on his rec. he's pi voting. it's always someone else's fault. >> it was hit and win. >> it's the rich to blame. >> listen guys, none of the candidates seem to appeal to the party. how do the republicans galvanize the tea party? >> little bit of a delay. speaker gingrich has an endorsement of 130 tea party groups across the country. every single excite poll he carried the tea party vote. mitt romney won nevada last time and lost the whole nomination.

when it comes to the tea party, in 2010 the tea party ran against the bailouts. they hran against obama care. how in the world have all of the freshmen who ran against obama care be elected by writing the tea party plan. >> there is nobody who thinks romney is too bliberal that's going to support obama. >> speaking of encoursement nevada's world known bunny ranch, it's a hooker ranch. it's a pros el. a house of prostitution. they came out with their endorsement. can someone explain this?

>> they are collecting tips for rof ron paul. >> is ron paul going to go to the funny ranch. you got to give the by points for something consistent. we want government you think it is not important in this race? >> i hadn't actually thought about it until this moek meant. it tells you not all ber just happy sarah palin. would you have taken donald trump, i got to wrap. thanks for coming out. i have to wrap. knew does the department of jahstis have pbrian perry.

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a oo did the departments of justice give the murder weapons to the killers? >> the attorney general -- >> thursday attorney general eric holder grilled on capitol hill by the house over site and government reform committee. chairman daryl isa. >> what can you do to bring this to a close? >> i was in the room as once again holder faced tough questions about the doj's failed fast and furious program. >> we found out you have not fired a single individual. we find out that you have not reduced any staff members.

>> i have made personnel changes with regard to leadership positions. >> an agent was murdered and your action is to move people around? >> operation fast and furious first came to life since an dints in the -- incident in the desert. brian perry is working along the mexican border when he and a fellow agent spotted illegal immigrants carrying ak-47's. a gun fight ensued and agent perry is killed. the subsequent investigation reveals two of the guns used in agent perry's murder are actually from the united states. part of the government sting operation fast and faur youriou. a group by the department of justice fast and furious allows gun dealers to purchase and smuggle illegal weapons. the guns were supposed to be

tracked to nab big fish but the guns were never traced. >> no way to recover the guns except through a crime or an accident or an arrest. if wasn't just fatally flawed it was fatal to hundreds of people on both sides of the border. i sat down with representative isa. >> you said you have 8 percent of the documents requested. two-thirds of the subpoenas have gone unanswered. you made it clear at the beginning of the hearing you would take whatever legal actions were necessary to get the information you needed. what legal action are you contemplating? >> we have a series of actions, our last tool is in fact the polls. as an attorney you know this very well. hold an attorney or a number of attorneys in contempt for not delivering information required and lawfully ordered by congress. >> you haven't fired anybody? >> virtually no one has been

fired. >> the fast and furious used wiretaps which had to have been okayed by higher ups. >> attorney general and key people charged with knowing what's in the affidavit may have been derelict in their duty in that they signed them, they were responsible for them and they are going to tell us they didn't really know what was in them. >> agent perry was killed over a year ago. how long will it take to get to the end of this investigation? >> well the attorney general today eluded to the idea that he would actually bring charges in this quarter perhaps by march. >> congressman doughty is on the house over site and reform. when attorney general holder said he would probably bring charges by march again who and what charges?

>> i assume he is talking about murder charges. >> there may be others. he's not talking about charges in the department of justice. they were indicted several months ago. the only thing i can think of would be others that may have aided and abeded or been complicity. >> congressman it's interesting. because it has been 14 months since brian perry's death. there was a federal indictment for murder and the case still hasn't come to trial. the united states attorney number one had you ever heard of a whole file being sealed and number two, 14 months to take a regular murder trial case to trial? >> no and no would be the answers to those two questions. you know, there is a speedy trial clock in federal court. you have to try it within 70

days or get permission from the court to do otherwise. i want him to do a phenomenal job with whatever murdered brian perry. i also think it's important for him to not use that prosecution which we all support. at some kind it's a sub ture fuj when it comes to fast and furious. >> what came out is there were require p wiretaps. march 15th federal prosecutors assigned in washington. what does this tell you? doesn't it tell you the justice in washington knew? >> it is the single best piece of evidence that we have that they knew. you know with wire tap applications they are wordy, they are lengthy. they are detailed. and made justice. washington has to approve these water tap applications. what the attorney general knows is the chairman and myself and

no one else on the oversight committee can have access to the water tap ap -- wire tap applications. i would bet whatever you can if you and i were to get our hands on the wire tap information gun walking was the tactic. >> without a doubt congressman. i am totally with you. con guess man goudy thank you for being with us this evening. the numbers are not on their side. why are ron paul and rick santorum still in the race? forty five years...

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>> who will survive and who

should drop out. executive i had tore real clear politics. republican strategist and pollster. good evening, gentlemen, and welcome. all right now, you guys are the numbers guys. you guys run the numbers looking past tonight, does mitt romney have the nomination locked? chris? >> well, i think he's got to look at it and say he is definitely the frontrunner now. there is no question it would be a huge upset if he were to lose. we have to look at the process. earlier you were talking about why are santorum and paul still in the case? we have 46 states to go. telling them to dropout is like telling the giants to drop out 5 minutes into the super bowl. you can't suggest people get out when is decision had a been made. there is still a lot of games to be played.

>> the more they knock each other out and down that benefits the republican party in the general election? >> i agree with chris 100 percent. they have arguments for staying in the race for doing what they do. i think the argument these guys are beating each other up so much that it is going to hurt the eventual nominee and general election is one is comes around every four years. it came out with obama and clinton. given the way the states have gone and we have had different winners in the first three states and the way the electorate is split there are a lot of republican voters out there. >> it does make sense.

you say mitt romney's performance the debate in florida was so much better after what happened to him in south carolina. but guys again you are the numbers guys and a republican beat obama this year? >> absolutely. at this point even with the economy improving slightly you look historically it is almost impossible for a president to get re-elected. he is in good shape for reelection no matter who the nominee is. four years ago obama was a stronger candidate. if romney or gingrich is the nominee he will be stronger for running against his opponent. obama has failed policies with obama care and unemployment gets worse and millions are out of work. he is the underdog no matter how

much he is going to be raised. >> will that hurt him in a national race? >> i think absolutely. i think romney has to really sort of get dialled into his strategy. one of the biggest weekend as a candidate is he is the rich guy out of touch. quality are going to be big issues in november. romney better come up with a strategy to need them if he is the nominee in november. >> you are the numbers guys who wins the super bowl tomorrow? >> i am an nfc guy. i am going to have to go with the giants. >> i think the new york giants. but what do i know? tom and chris thank you for

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choose a brand-name software right for you or use online fillable forms. like maria and james, you'll get a refund in about 10 days. for taxes that are a lot less taxing, visit freefile.irs.gov. >> before we go a special shout out to petty officer third class devon monday on. he is aboard the uss abraham lincoln and a member of the asa vigil anti. he makes it a point to watch justice every week with the other air framers in the shop on the uss lincoln. so did devon and the other vigil an th anti. thank you for watching. thank you for your service. all of the people back at the states appreciate it and are thinking of you. that's it for us.

thanks for joining us. e-mail us your comments at foxnews.com. you know how to get rid of a sore throat let me know. stay with us. bret baier anchors our special coverage of the nevada caucuses. take it away, bret. >> republicans in nevada pick their choice for the top of the presidential ticket. coming up we will bring you the results of the nevada caucuses. you will hear from all of the candidates you will have expanded audiences with special guests. they are deciding how the 28 delegates to the national convention will be distributed. officials are expecting lower than normal turnout. chairwoman says she is hoping the final turnout will be higher than in 2008. mitt romney is gunning for a second straight win following a victory in the florida primary