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tv   The Journal Editorial Report  FOX News  February 21, 2016 12:00pm-1:01pm PST

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this week on the journal, editorial report, donald trump racked up his second straight victory with a big win in the south's first primary. is the billionaire unstoppable as the republican race heads west? and who benefits most from jeb bush's exit from the race. does hillary clinton's victory mean she's stopped the sanders' surge or are there more challenges ahead? as antonin scalia is laid to rest, a look at the big cases left hanging in the balance in the coming political battle over his replacement.
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let's go. let's have a big win in nevada. a big win at the s.e.c. let's put this thing away. welcome. that was donald trump in south carolina last night after voters there handed him his second straight primary victory beating out his closest competitors by ten points and leaving florida senator marco rubio and ted cruz in a virtual tie for second place. as the gop race heads to nevada this week and then on to the super tuesday states, is donald trump on the path to putting this thing away? deputy he heditor dan, editoria page editor james freeman, editorial board member dorothy, and columnist jason riley. very strong by trump. a little down. a couple of percentage points
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from new hampshire. did you see any real weakness since new hampshire? >> yes, paul. i saw something i could describe as weakness. he got 32.5% of the vote in south carolina. let's say donald trump has locked up one-third, 33% of the republican vote. the question is how hard and if they continue with the other candidates continue to divide up that 66% given the way the primaries are run, he can stay out front and secure the nomination. the pressure is on the other candidates how long they can stay in, how long can they maintain anything other than a three-man or even a two-man race? >> right. we want to get to that. we want to talk about trump's support, which is very broad, across the whole republican spectrum. >> he did very well among
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evangelicals. >> he beats cruz among evangelicals. >> he did well with. very impressive. this was suppose d to be a plac where cruz excelled. it didn't happen. so that was a very impressive win for trump and he has the momentum now. large victories going into nevada. he has the wind at his back. it is not out of the question, paul. >> i want to show you something from "the wall street journal"/nbc survey this week of trump's favorables and unfavorables compared to some of the other candidates. he is at 31% among the republican candidates, compared to hillary clinton. net unfavorable only 13. right now trump is by far the
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candidate with the highest unfavorables as dan suggested. normally with this kind of performance in new hampshire and south carolina you steam roll to the nomination, dorothy. is this an obstacle for trump? >> yes, it is. this is not normal times. and as bernie sanders just proved, momentum stops sometimes. one of the thing that happens as this thing goes forward, you begin to develop a pattern and this is something trump has done. even his most devoted fans will notice certain things like he takes back everything he says that is volatile that he said the day before. this goes on and on. he did this with the pope. >> i want to deport mexican illegals but they can come back. >> and the pope was outrageous and the next day it was really okay what the pope said. people out there who are his
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devoted fans may saying, what if he gets to the white house and he says, what do you mean the wall? this may be the unreliability that may be seeping in. james? >> i think it's actually in some ways a bad night for donald trump. >> you do? >> because jeb bush quit. for the reasons we've described, 59% of the country in the journal/nbc poll does not like donald trump. he is not going to be the nominee. these primaries are not winner take all. he is up to about 67 delegates. i don't think he'll get them. >> they still say marco rubio. when they say who tells it like it is, they say donald trump. some of his support is about people wanting to send a message not about electing a president.
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>> ted cruz finished third, a close third. it had to be a disappointment. what do you think hurt cruz? >> donald trump has driven jeb bush out of the campaign, beand now the question is how much pressure is he putting on ted cruz? ted cruz has been expecting to gain the evangelical vote and the vote that wants to clamp down on immigration. donald trump is winning both. ted cruz is arguing he is more the conservative candidate.
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pushing him further right. how is he going to make that work in the super tuesday primaries with donald trump just basically taking away most of his votes? >> so rubio, the big surprise, dorothy. he did very well, recovered from new hampshire stumble. what do you attribute that to? >> guaranteed, though, i'll tell you that. a lot of people make a mistake like that and they're gone. >> if i may say so, if you would listen to rubio, you knew that this was not some scripted robot. also the desperation of the flight and people were saying even now who is presidential? >> do you think rubio made enough of a statement to be able to carry this on?
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but he has to win somewhere. >> that's the problem. where do you see rubio winning in these states going forward? i still think it was a worse night for cruz than it was a good night for marco rubio. cruz also has this problem if he can't stop donald trump in south carolina, where is he going to stop him in the south other than texas? >> all right. thank you all. when we come back, it was the state that saved his brother in 2000 but south carolina put an end to jeb bush's presidential hopes last night. who is most likely to gain from his departure? and will establishment support coalesce around someone else? >> after tonight this has become a three-person race, and we will win the nomination. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.
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and to advocate solution that is would give more the opportunity to rise up and reach their god given potential, but the people of iowa and new hampshire and south carolina have spoken and i really respect their decision. tonight i am suspending my campaign. >> former florida governor jeb bush ending his white house bid after a disappointing fourth place. the state that saved his brother in 2000. who stands to gain the most so-called establishment republicans unite behind one of the remaining contenders. one thing it proved, money doesn't buy elections. >> you have to have a message that's compelling. >> what happened? >> this was not the year for an establishment candidate. americans have a natural -- it's not discussed but a skepticism of family dynasties.
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>> is that going to rule him out? >> i think what he had to do was communicate. he always seemed smaller after his tangles with donald trump. i think he hurt him in a big way. he has not been florida's governor for about a decade although he did well there. he's not at the top of his game. >> we'll not join the kick him while they're down coalition. rubio, cruz, kasich, someone else? >> it's hard to determine. i think they would go to marco rubio. >> why? >> because the tenor of bush's departure told you this is something he knew he had to do and maybe to save the country from donald trump.
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>> he did very well. if i can say he had this misand rehennings that electability comes with genetic connections. both winston churchill and franklin roosevelt were more consequential than george h.w. bush and winston churchill's son was the worst political heir ever. >> jeb bush was an effective governor. he did raise a lot of money and did a lot in terms of offering policies. it turns out this is a year policies don't seem to matter. >> you're right. he has a strong gubernatorial record that james referenced, schools and taxes. >> does his vote go to rubio? >> i think most of his votes go to rubio. they're probably hoping other people bringing up the rear in the race will follow his lead and do the same.
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so long as it stays as big as it is, donald trump, i think, that helps him the most. >> speaking of that point, dan, john kasich. at least until march 8th and the primary maybe until the 15th. is there going to be pressure? >> there is pressure in his speech george bush said policies still matter. the republican electorate. it's a little difficult tohow j percentages that cruz and rubio have been doing. i think his votes end up with them if he gets out.
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>> ben carson, we should mention him, he's still in, still running. is there a rationale? >> i don't think there's that really compelling an argument to get out because if you're thinking -- in my view if you're thinking trump is not going to be the guy and the american people are saying in polls he's not going to be the guy, who is the alternative? it's not clear where rubio wins, cruz struggling to find a way to beat trump. >> if donald trump can continue to rack up 35% and finish first especially winner take all primaries come on, he will win the nomination. >> the next group is not winner take all. he still is a long way from locking them up.
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you're seeing a natural process. christie and fiorina out, now bush is out. trump is still a long way from clinching it. >> i'm not sure about that, paul. >> it seems to me there has to be a coalescing. dorothy? >> this is dynamic democracy. when you say it's not clear where rubio is going to win, we don't know. we have had surprise after surprise and he has shown tremendous political talent and resilien resilience. it's not really cut and dried. >> jason, does everybody else -- does it have to get down to one-on-one with donald trump? >> i think it does. the quicker that happens, the better. they do not want a candidate that's been bloodied against.
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going to put away bernie sanders. >> and you agree with that. it will get down to a three-man race for two, three race. >> i agree. it has to get down to one-on-one. the real pressure is going to push past john kasich and start to come to bear on ted cruz because there's no path evident of him getting ahead of donald trump. after the super tuesday primaries cruz will be the one who will be leaned on to make it a two-man race. >> okay. all right. when we come back, she fended off a late surge from bernie sanders in nevada. so is hillary clinton heading into next week's south carolina showdown and the super tuesday states as the front-runner once again? it is bernie sanders still pose a real threat. >> it is clear to me and i think most observers that the wind is at our backs. we have the momentum. (ray) i'd like to see
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i'm on my way to tech tex. bill is on his way to colorado. the fight goes on. the future that we want is within our grasp. >> that was hillary clinton after fending off a late surge from vermont senator bernie sanders to win the nevada caucus. so will yesterday's victory be enough to stop his momentum as the democratic race heads to south carolina. then on to the super tuesday states. what did she do here in nevada that she hadn't done in iowa or new hampshire? >> bernie sanders' achilles heel is his lack of diversity among supporters.
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some 50 points, paul. when you go to south carolina next, they're going to be it around half of the electorate. >> even as much as 60. >> a sizable proportion of the electorate there, that is why i think hillary pretty much wrapped things up. >> you wrap things up. do i hear it -- >> i think there's a very steep climb. >> do i hear anybody -- james, why not? >> if you want to take a young marxist and the bright side, he did win among hispanics. >> he did, that's right. texas, minnesota, these are places his demographic might work for him.
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>> it is more liberal. >> this time versus about half in 2008. that's one of the reasons bernie kept it so close. >> that's right. >> there's nothing mysterious about the reasons he was able to do so. his fan club came out fully baked from the university with their long teaching record of the corruption and the evil of wall street. if you heard hillary clinton last night, there was this doubling down tone the revolutionary spirit she's taken over far to the left now. it's not hillary? >> it would put to rest they
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might have had about her. >> i think that's what she did. she reassured them that she will take care of business here. short of being indicted, she will. >> do you agree or do you think we're going to have more drama down the road? mainly because of the electability issue. many democrats don't think government run health care, single payer, can win. >> in nevada 80% of the democratic voters who wanted someone who could win voted for hillary. it's going to be interesting. if you look at the states that bernie sanders' own campaign said they're going to be emphasizing in the future, the list goes down, minnesota, colorado, oklahoma, nebraska, kansas, michigan.
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these are white bred states, white liberals. she is going to do the same thing as in 2008, grind towards a primary victory. >> the other x-factor, bernie sanders has shown the ability to raise money just as they are struggling to find any high dollar contributors who haven't maxed out. >> what weaknesses has bernie sanders been able to expose in hillary clinton's candidacy? not just in the primaries but as republicans prepare to face her? people who say that was the most important issue they really voted for sanders.
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>> in a normal society but in this case, no. what he's exploited in her, she is not the revolutionary spirit that he is. he offers this special hope, this special vigor and this is what people have been taking. >> but she doesn't have to run like that. >> she is going to run like that. >> as a revolutionary? as a bernie sanders like? she'll be an heir to president obama. >> the voice of the disaffected, the voice of the oppressed. that speech could have been done by bernie. she had wall street and everything in it. >> what will turn out in november? that election in november is a function of turnout. hillary has to find a way to reignite those cheering for
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bernie sand mers that image. >> what you see is the relative levels of enthusiasm. say what you will about donald trump. he is bringing out voters, a lot more republicans and the enthusiasm is good. >> do you think the clinton family is part of that, too? >> and i think the honest and trustworthy aspect will be true in november as well. it's a problem for the clintons. is that her achilles heel? where republicans should take the argument? >> if you want to explain the rise, certainly this move left in the party we've talked about. the other part is democrats not being comfortable that they have a person who is going to remain unindicted. all right. thank you, james. thank you all. much more to come on this special one-hour edition of "the journal editorial report."
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still ahead as justice antonin scalia is laid to rest we take a closer look at his legal legacy. the supreme court cases left hanging in the balance and the coming political battle over his republic placement. plus they were a key part of the obama coalition, but now millennials are flocking to bernie sanders. so can hillary clinton win without them? and is there an opening for republ republicans with younger voters? [ music ] defiance is in our bones. citracal pearls. delicious berries and cream. soft, chewable, calcium plus vitamin d. only from citracal.
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welcome back to this special edition of "the journal editorial report." i'm paul gigot. one week after the 79-year-old died in his sleep while on a hunting trip in texas, scalia's death leaves a number of crucial high-court cases hanging in the balance and sets the stage for a slowdown over how and when his vacancy should be filled with president obama saying this week he has every intention of nominating a replacement. >> i intend to nominate in due time a very well qualified candidate. if we are following basic precedence, then that nominee will be presented before the committee.ultimately they'll be.
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>> we're back with "wall street journal" columnist and deputy editor dan henninger, and james taranto. james, you follow the court closely. what's justice scalia's legacy? >> the best way to sum it up, he was a jurist who loved textu texturali texturalism. you look at what the law says. >> you read the language. originalism means you look at the words and ask what they meant at the time of enactment rather than equivocating something different. >> when scalia looked at the statute, he wanted you to look at the language. a lot of other judges looked at
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legislative history, in the constitution, look at what it actually says. >> we still have some justices who take that approach but they don't take it as unashamedly as they did before. also scalia was well known for his dissents, another example of how much he loved language. they are where a judge can be freewheeling and express himself because he doesn't have to tailor his language to fit the views of anyone else. >> the gun control case that established the right to bear arms as an individual right not just a militia right, he laid down some significant law. >> oh, sure. he recovered the original meaning of the second amendment. in that case it was very important. it's one of the cases that's in the balance if the court -- if the composition of the court
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shifts. and just to amplify the point, the history approach is now accepted that if you look at a justice like elena kagan appointed by obama, a liberal rarely agreed with scalia but uses the same methods. so it's really a testament to how consequential he was. >> dan, that 4-4 split now on the supreme court means several cases this year are going to go down tied. there was a chance for some major decisions, precedent setting decisions on abortion, religious liberty. those cases are probably now going to be unsettled. >> the immigration case, the one about whether public employees -- public union members are forced to pay union dues for political activity. they don't support that. that's all up in the air. it's a big question who is going to replace justice scalia if it is another liberal, his
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precedents will go in the other direction. i have to point out, paul, sitting up on his cloud in heaven, when he heard president bomb say we should follow, quote/unquote, basic precedent, he must have been laughing out loud because that was one of his primary points the court was not following. >> i want to read you a quote. at-risk precedents run from campaign finance to commerce, from race to religion, and they include some signature scalia projects such as the second amendment. some would go quickly. some would go slower. but they'll go. a 5-4 liberal majority. >> those are the stakes, are they not? >> those are the stakes. that's why i don't think we'll see a new justice before the election.
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>> here is the thing a lot of conservatives would say. they didn't often go conservative directions. they went off and they went off in their own direction and joined the liberals on several issues like obviously gay marriage. why would another justice be guaranteed to side with the other four liberals every time? >> the last time i think was 1962. byron white. president kennedy. >> they always vote in lock step? >> it's a smaller sample because there haven't been that many. only four since lyndon johnson. it's the fifth they're worried about. >> the fight to succeed scalia, do you agree that you don't think it's going to come this
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year? >> i don't. i think republicans would be wise -- their basic strategy is the right one because it avoids politicizing the court. if they have this fight in the election year, the judiciary is another partisan branch just like the elected branch is. by declining to name a successor insulates the court from that political pressure. >> let's quarter a quote from 2005 from harry reid on replacing justices. >> the duty of the united states senate, nowhere does it say the senate has a duty to give presidential nominees. it says appointments shall be made with the advice and consent of the senate. that's very different than saying every nominee receives a vote. >> dan, that sounds like game, set and match when it comes to precedent. how do you walk back that? it seems he's now asking for a
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complete double standard. >> if you're harry read you turn around and start walking. can he get away with it? they denied justice bush -- i mean president bush, 32 appellate court appointments including estrada, a hispanic appointment they filibustered for over 20 months. so they kind of wrote the book when it came to standing pat and not moving forward and i just don't think this is a big political loser pushing back against the democrats here. >> all right, dan. still ahead, they were a key part of the obama coalition in 2008 and 2012. so far millennials aren't showing hillary clinton the same love. why are young voters flocking to bernie sanders, and is there an opportunity for republicans to win them over come november?
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back to the 2016 preside presidential race where for the first time millennials will match baby boomers as a share of the electorate. these young voters were a key part of the coalition that sent barack obama to the white house in 2008 and 2012. and hillary clinton had hoped to inherit the president's young followers this year, but so far the results aren't very promising. vermont senator bernie sanders crushed clinton among 17 to 29-year-olds in iowa by 70 percentage points, and in new hampshire young voters favored sanders by a similar margin. in yesterday's nevada caucus they again turned out for sanders handing him an 82% to 14% win over mrs. clinton. we're back with dan henninger, joe taranto and kate bachelder also joins us.
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kate, we had a story in "the journal" about where millennial voters are breaking. what did it say? >> well, as you said, they are breaking for bernie at every opportunity they're getting. there's a lot of talk over who can win over millennials and if that will be decisive. the question for democrats is whether hillary can get them to turn out and these voters feel their candidate was denied a nomination. >> what's motivating them for bernie as opposed to hillary clinton? >> well, all these polls are saying that millennials view socialism more favorably than any other generation before them, but, paul, the question is none of these polls bother to ask what socialism means and the ones that do it goes on to show that millennials don't think of the soviet union of free health care, of free education and other things. >> i have to say to joe and kate, i deeply resent, as a baby boomer, being outnumbered by you folks in this election. i know henninger feels the same
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way. >> well, paul, fox news is my safe place. >> do you have any other analysis? >> i think kate has a point that when young people say they support socialism, they're not thinking of collecting the farm. when you look at young people -- >> nice reference, joe. do you think your peers know that? >> millennials became political age during two failed presidencies. you have the weakest economic recovery since world war ii. i think that's profoundly shaped their political outlook. >> james? >> think about how i feel, first of all. i'm too young to be a boomer and too old to be a millennial. all of you outnumber me. >> you're essentially irrelevant in the election, james. that's it. >> i'm going to talk anyway. one point peggy noonan made, she being a baby boomer, the view of capitalism is significantly colored by the experience of
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2008 and the financial crisis. so that may make them more open to bernie sanders' message about how we need fundamental economic change. >> dan, as one of my generation, you have a different view on this or does that square with what your children say and think? >> my children are escaping from the millennial generation, thank heavens. no, i think joe has put his finger on it. these are the children of obabak obama and what they have known is under employment which is a big thing. you go to school for four years, you rack up all this debt and enter this darwinian marketplace you may or may not get a job. the people who get a job are either making a lot of money or many of them are getting jobs you would only need a high school education to get. there's a tremendous amount of anxiety among people this age and it is a direct consequence of barack obama's policies. the difficulty has been no one on the republican side has been
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able to make that linkage successfully. >> his point is the economics here is the fundamental weakness for democrats who have been presiding over the economy and could republicans make an opening to appeal to millennials who are under employed or basically haven't seen their incomes rise. >> the policy they are offering to deal with student loans are to mitigate the misery not to offer any other -- >> free debt. >> debt relief is no substitute for a job that turns into more opportunities and more income over a lifetime. that's how you ease the burden on student loans. >> you think that economic message would resonate? do you agree with that, joe? >> i think if you look at the issue of debt, it's not just student loans but government debt. it's the type of inner generational transfer program. it's the republicans say, look, young people, you are going to be paying for this. let's try to fix this problem. >> and there's some evidence that republicans are appealing
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to this age group. in new hampshire a swing state where republicans have slightly more people vote in their primary. 44% of the under 30 voters voted in the republican primary as opposed to the democratic one. that's not a minority but is considerably better than either barack obama's republican -- >> and it's been a mixed result, kate. in new hampshire trump did better among best among the younger voters. in the republican race cruz did better. it wasn't an overwhelming majority. any other message? is there any other candidate you think might make an appeal to the younger voters? >> it's interesting because marco rubio has been running almost exclusively to these voters and showing them an optimistic message about the future. i think it's good news for him that the vote has been so split for millennials and gives any eventual nominee a better chance to consolidate than hillary clinton has of winning the bernie sanders -- >> he's making almost an explicit generational appeal. he's saying this is our time.
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the children of reagan, we're the new generation of conservatives. is that likely to work or too self-conscious? >> i think it has a lot of potential. there are a lot of messages out there right now. >> all right, thank you. we have to take one more break. when we come back, hits and misses of the week. this is how lenders saw me. in my 20s, i was super irresponsible with credit cards. it was time for experian. they gave me tools so i could finally get serious about my credit. now lenders see me for who i really am... go to and start your credit tracker trial membership today.
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time now for our hits and misses. and this week, i've got one for harper lee, the author of the great american novel, the jim crow south, "to kill a mockingbird." she died this week at age 89. "to kill a mockingbird" created one of the great characters in
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american fiction, aticus finch. it was one of the most great and influential books of my youth. i think everybody should read it. it is, of course, really one of the great books of the american 20th century. dan, how about you? >> i'm going to give a big miss to barack obama's upcoming hallelujah visit to cuba and the castros in march. well, guess what's been happening since obama normalized relations with the castros in december 2014. they have been throwing political prisoners into prison at an astonishing rate. according to human rights groups, in january alone, they put over 1,400 people into prison for arbitrary reasons, including over 500 women. even advocates of normalization with cuba are agast that the only real result so far is that political prisoners have increase. on his twitter account, barack obama said he will take this up with the castros when he gets to cuba. well, good luck with that. the head of the u.s. section in havana said we'd be happy to talk to mr. obama about
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anything, including human rights, about which we have a different point of view. well, i guess so. >> all right. kate? >> this is a hit for jason in the house. just last night, hillary clinton was saying the flint water crisis was a case of republicans poisoning children just to save a buck. and the hearings in the house will deal with the epa, who has a large role in this crisis. basically they had an early warning that there was a problem with the water and buried a staff report. so a hit to the house for really working to get this true story about what happened. >> great reporting. all right, joe? >> i've gone back and forth on this one. but ultimately, this is a miss for the fbi in the san bernardino terror case. a california judge ordered apple to essentially create a new operating system -- >> apple computer. >> apple computer. to break the encryption on one
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of the shooter's devices. now, i think if we're going to grant these extraordinary powers that the judge ordered, it should be done by congress after a vigorous debate, not created by the court on an ad hoc basis. and i think the fbi wants the precedent, the legal precedent more than the information on the phone. i think that's bad for accountability. >> very interesting. james? >> this is for all those millennials who have been drawn to bernie sanders and haven't had time to read the history of marxist governments around the world. fortunately, there is a realtime experiment they can learn from. it's happening in venezuela. it shows you what happens when democratic socialists take over -- >> tragic. >> the economy is shrinking about 10% a year. food shortages. you can't get baby formula, corn oil. inflation running over 180% a year. now, the regime did raise the minimum wage. but amazingly, just as in other countries, that's not the way to economic growth. >> all right. james, thanks very much.
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remember, if you have your own hit or miss, be sure to tweet it to us. that's it for this week's show. thanks to my panel. and especially to all of you for watching. we hope to see you right here next week. felite's exclusive "on my way text" you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) ♪safelite repair, safelite replace.♪ twell what if i told you that peanuts can work for you? that's right. i'm talking full time delivery of 7 grams of protein and 6 essential nutrients. ever see a peanut take a day off? i don't think so. harness the hardworking power of the peanut. help sense danger before7 was engiyou do. .
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as fast as two and a half days when used at the first sign. learn how abreva starts to work immediately at don't tough it out, knock it out, fast. with abreva. hello. welcome to "america's news headquarters." >> topping the news this hero, reaction pouring in after donald trump's south carolina victory. but now, his gop rivals preparing to steal trump's thunder, just two days away from another high stakes showdown. >> and a horrifying crime has rocked the heartland. police say six people were murdered at random in an hours long shooting spree. we'll have details on that suspect's shock m.o. and the ceo of apple in a high stakes face-off with the justice department. our legal panel


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