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Legal View with Ashleigh Banfield

Ted Cruz Attacks Trump, Rubio In News Conference; Trump's Campaign Chief To Respond To Ted Cruz's Attacks Next Hour; Clinton and Sanders Neck and Neck in Nevada; Clinton Tops Sanders By 18 Points in S.C.; Trump Dominates Polls In S.C. and Nevada. Aired 12:30-1p ET

Aired February 17, 2016 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:30:02] SEN. TED CRUZ, (R) PRESIDENTIAL CANDIDATE: That the people of South Carolina are asking the very simple question, who do I trust to nominate principled constitutionalists, Supreme Court justices.

There is a reason that Donald Trump is attacking this ad. Because nobody looking at Donald Trump's record could believe for a moment that Donald would appoint principled conservative justices. And I'll tell you why I know that. Because if you look over the past decades, any time the Republican nominates a judge with a proven conservative record on the bench, you have a nasty, knockdown, drag out battle.

The Democrats care about the court. They will invest all of their energy on defeating a proven conservative. It's why over and over again Republican presidents have decided the court didn't matter to them that much and so they go with a stealth candidate with no record, because they're not willing to invest the political capital to confirm a proven conservative. By the way, the Democrats are always willing to invest everything they have in confirming far left wing justices.

So if Donald ever became president, we know for a fact he would not invest any political capital in confirming a proven conservative justice. Why? Because for four decades he's been supporting left wing Democrats, writing them checks, many of whose core mission was preventing conservatives from getting to the court.

Nobody who cares about conservative justices could write those checks. And I would note the stakes as that ad rightly says. We are one justice away, one liberal justice away from losing our fundamental rights. We're one justice away from losing our religious liberty. We are one justice away from the second amendment from the bill of rights

And so for the people of South Carolina, a vote for Donald Trump is a vote to erase the second amendment from the bill of rights. And I would note Donald's response to this, just to go through the iteration. His response to this, no one will be surprised, is to scream liar, because that's his response to everything.

Now in this instance, I'm not basing this on a specific statement he's made. I, Donald Trump, will appoint Liberals. He claims he will not. But rather I am basing it on his lifelong record and reasonable inferences that anyone can draw from his lifelong record. And he says, well, gosh, I Donald, support the second amendment. Well, he didn't support the second amendment when he supported Bill Clinton's Assault Weapons ban.

But even if you take Donald at face value that he had a transformation on the second amendment like he claims he's had on any other issue. Even if you believe him on that, there is no reason whatsoever to think he would spend the political capital needed to appoint a conservative. Which means the only reasonable inference is Donald would go for the stealth candidates other Republican presidents have, and they have turned out to be disasters on the court over and over and over again.

UNIDENTIFIED FEMALE: You mentioned assets of the rivals here (inaudible) on Marco Rubio and Donald Trump calls you yours into question pointing to the reports said that your campaign didn't personally lead up to the Iowa caucuses to determine Ben Carson. I know, you apologized to Dr. Carson, but have you responded really on how to say that that is (inaudible) and how you operate into South Carolina.

RUBIO: Well, look, that is the results of the fact that both campaigns, the only thing they can do is engage in insults and attacks.

With regard to Iowa, a national cable news network reported on television that Carson was suspending campaigning.

QUESTION: (INAUDIBLE)

CRUZ: But let's be clear. That's what they said on television. Their national anchors said it was highly significant and highly unusual. Now, their defense, and the news network's defense, they point to a tweet from an individual reporter that day, which was to the contrary. Well, no offense to the many good reporters here. But on Election day, our campaign was not sitting with bated breath following every tweet coming from every reporter.

We did have the television on in the campaign office. And that's what we were watching was the TV news broadcast. And the T.V news broadcast is what we saw. Nobody saw this tweet from the reporter that in the aftermath, the news network is relying on to say they corrected right.

What we saw is what they put on T.V. And here's the important piece. What that network reported was true and accurate. In fact, Mr. Carson did not go on to South Carolina. He did not go on to New Hampshire. He went to home to Florida. The first public event he did in either South Carolina or New Hampshire was the day before the New Hampshire event.

[12:35:12] So what they reported was true and accurate and passing on a public news report that is true and accurate is not remotely unethical. And I would note it is particularly rich that the Rubio campaign is attacking us on this. Given that there had been public reports that the Rubio campaign was doing the exact same thing. Now, you know what, it wasn't unethical of the Rubio campaign to pass on the public news reports, anymore than it was for staffers on my campaign.

All of this is the product of candidates who don't want to talk about their own records. If you are a Republican candidate and you have a liberal record, if your record does not match the platform you are running on for president, then the last thing you want to talk about is your own record. So what you do instead is you try to change the topic. You try to engage in these insults and attacks. You try to go to the mud. You try to make it personal, because actually talking about the record is precisely what you don't want to do, for example.

You know, one of Mr. Rubio's supporters was asked on a T.V news program, name anything Marco has accomplished. He couldn't do so. Now part of the reason he couldn't do so is the campaign didn't want to answer truthfully the biggest accomplishment Marco Rubio has had in his time in the senate is passing the Rubio-Schumer amnesty Bill through the U.S Senate. It's not even close, dwarfs everything else he's done.

I would note, in many ways, the biggest accomplishment I've had in the Senate is defeating the Rubio-Schumer amnesty bill in the House and preventing it from passing into law. Now i understand why Mr. Rubio's surrogates don't want to talk about that, because his record of joining with Barack Obama and pushing for amnesty is inconsistent with what they're saying on the record and on the campaign. But campaigns ought to be about issues and substance and record. And that's what our campaign has been about, and it's what it will continue to be about.

UNIDENTIFIED FEMALE: So, if you're asking --

QUESTION: (INAUDIBLE)

UNIDENTIFIED FEMALE: Would you vote to confirm, you know, President Obama --

CRUZ: I would not. I have been very clear, that the Senate should not confirm any nominee in a lame duck session. The last -- it's been 80 years since the Senate has confirmed a Supreme Court nominee who was nominated during an election year. And particularly when the court hangs in the balance, it makes no sense whatsoever to give Barack Obama the power to jump through a judge in the final election year. You know, we need to make --

UNIDENTIFIED FEMALE: Any chance that you voted him in the (inaudible) confirm him (ph)?

CRUZ: Voting for a candidate for the D.C. Circuit is very different from confirming someone to the U.S. Supreme court. And I believe we should make 2016 a referendum on the U.S. Supreme court. If the Democrats want to jam in a liberal judicial activist to undermine the first amendment, to undermine the second amendment, to take away o religious liberty, we should make that an issue for the American people.

In just a few minutes, the American people are going to get to vote. I'll ell you, (Katie) I cannot wait to stand on that debate stage with Hilllary Clinton or Bernie Sanders. And make the case that their vision to the Supreme Court, the constitution is fundamentally inconsistent with the vision of the American people. If they want to put -- UNIDENTIFIED MALE: It's roughly (ph) seven month before the next

president takes office -- ?

CRUZ: Those are the president's talking points. But it is in fact the case that when the Democrats -- when their Chuck Schumer said they shouldn't confirm spring court justices for 18 months? Now, I understand their standard. No, no, that's only Republican nominee.

QUESTION: (INAUDIBLE)

CRUZ: We should not confirm a justice nominated during an election year, particularly with a lawless president, who has undermined the constitution at every stage. And we have an election. Let the people decide. That ought to be something folks in the press would stand for, is letting the people decide.

QUESTION: (INAUDIBLE)

CRUZ: But the people also decided in 2014 they wanted a Republican Senate in large part because of the lawlessness of President Obama. And elections have consequences. We have a Republican Senate. And any Republican senate would be foolish to confirm a left wing Democratic nominee in an election year, which has not happened for a nomination made an election year in 80 years and now is no time to start.

UNIDENTIFIED FEMALE: Saying that (inaudible) to order up the San Bernardino shooting zone?

(INAUDIBLE REMARKS)

[12:40:20] JIM SCIUTTO, CNN ANCHOR: We have been listening to Senator Ted Cruz giving a press conference in Seneca, South Carolina, taking aim at Donald Trump, Marco Rubio, almost in equal form, saying that Rubio is, in fact, Donald Trump with a smile, particularly taking aim at Donald Trump on his preparation to be a commander in chief, saying he does not have the knowledge, judgment or temperament and attacking Rubio on his immigration record.

I want to bring in Jim Acosta, he's been covering Donald Trump.

Jim, you were listening to that press conference there. Ted Cruz -- taking it to a new level, because every day it's almost a new level there. But certainly laying into Donald Trump. What do you think the Trump reaction will be to the charges we heard from Senator Cruz?

JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, you know, so far this fight between Donald Trump and Ted Cruz has sort of been the main event in this run up to the South Carolina, Jim. No question about it. These two candidates do not like each other.

Earlier this morning, Donald Trump was on the stage in Bluffton, South Carolina and he raised this issue of Ted Cruz and this ad that is out there that recalls Donald Trump's statements in the past about being pro choice, being pro abortion rights. Donald Trump has said, like Reagan, he's evolved on that issue and on other issues. And he said here, Cruz said he's not pro life, talking about Donald

Trump. I said I'm not. I'm pro life. You can't lie about people like that. It's just incredible. You know, this is -- this has been Donald Trump's defense all along. And what he's been saying about Ted Cruz has gotten quite heated over the last couple of days.

He's even said how can Ted Cruz lie while he's holding a bible at the same time. So, he sort of going after those evangelical voters. I should point out, Jim. Ted Cruz was saying during that press conference that the Donald Trump campaign has sent over a cease and desist order to stop airing that abortion ad that abortion ad aimed at Donald Trump. I can tell you at this point we have tried to contact the campaign through numerous sources. As of right now, they have not confirmed they have sent that cease and desist letter. But it's just an indication, this is going to be a roller coaster ride.

And to some extent, it sounds like the candidates are getting under each other's skin. You heard Donald Trump at this event here in Bluffton just going off on Lindsay Graham. You know, who -- the senator from the State of South Carolina, saying that he's a nut job. That he's a disaster. That he shouldn't be elected dog catcher and so forth.

So it's getting quite heated in this campaign. And I think, you heard Ted Cruz there at one point saying we should point out to our viewers. He was blaming CNN once again for, you know, this word that went out to Ted Cruz supporters all over Iowa that Ben Carson was dropping out of the race. CNN never reported that. So we should make that clear to our viewers, Jim.

SCIUTTO: Hey, Jim Acosta, stay there. So our viewers know, we're going to be speaking to the Trump campaign manager at the top of this hour for a chance to respond. We have a full slate of reporters and commentators now.

In addition to Jim Acosta, we have Phil Mattingly, he's been covering Marco Rubio.

I'm also joined by Scottie Nell Hughes. She is chief political correspondent for USA radio networks and a Donald Trump supporter.

So if I could begin with you, Scottie, you heard Ted Cruz there, laying into Donald Trump on a number of levels. First on his qualifications to be commander in chief but also talking about this lawsuit that Donald trump has threatened. He dares -- Ted Cruz dares Donald Trump to sue, quipping, that he would like to depose him for the case. I wonder from the Donald Trump campaign perspective, from your perspective, how seriously is Donald Trump taking this threat to sue? How seriously is he going to care it forward and how does he think Ted Cruz will respond to it?

SCOTTIE NELL HUGHES, CHIEF POLITICAL CORRESPONDENT, USA RADIO NETWORKS: Well, I think that's one thing eve we've learned about Mr. Trump. He is a man of his word. And he would not (inaudible) to say it if he was not going trough it. But if you sit there and you're listen to that press conference, I had

to think imitation is the best form of flattering. He was taking a page from the Trump Playbook from yesterday. And nothing that Ted Cruz said today was new. Nothing was mind-blowing or headlining, except what is headlining this morning is the fact that Cruz has some major issues across the country, but in South Carolina, and is losing in most polls. And when you sit there and go through all the points that Ted Cruz makes about him supporting Democrats or that he's pro choice, well, one minor issue. That's not the truth. Because Mr. Trump has supported Democrats and Republicans, including Ted Cruz back in 2014 when he contributed, maxed out to pay $5500 to Ted Cruz's Super Pac for a senate campaign. So, you know, it's amazing the little details that Ted Cruz is choosing to point out that are convenient to his story. But like I said, there was nothing new in that press conference that he has not tried to sell before. And unfortunately if you go in social media right now, people are calling out every fact for the falsehood and the truth of everything he said.

[12:45:04] SCIUTTO: One more reminder for our viewers that at the top of the hour, we're going to get a response to Ted Cruz from the Trump campaign manager. I want to go to Phil Mattingly now. He's been covering Senator Marco Rubio and as you heard from Senator Cruz, the senator laying into him very hard, particularly on his positions on immigration, saying that Marco Rubio has been a supporter of plans to provide a legal path to citizenship for illegal immigrants.

And then using that quip, Phil, calling Marco Rubio, Trump with a smile in effect, putting them into the same category. How seriously does the Rubio campaign take these attacks?

PHIL MATTINGLY, CNN CORRESPONDENT: Well, very seriously. And I think that's why you have seen Marco Rubio and his campaign attack Ted Cruz on trustworthiness over the last couple days. They love that debate. They'll have that debate and that fight any day of the week. Any day that Ted Cruz has to hold a press conference and defend himself from attacks of the type of -- on the type of campaign he's running.

Marco Rubio's team feels like they're winning that debate. When Ted Cruz is not on offense, not attacking on immigration, that's ground that Marco Rubio and his team feels comfortable with.

Now it's an interesting thing, Jim. We mentioned earlier we talked to Marco Rubio reporters did about an hour ago here in South Carolina. And Rubio acknowledging that hi steam, his campaign, does not have any evidence that the fake Facebook page or the push polls or robo calls were from Cruz's campaign. But Marco Rubio saying it's a quote, pattern. A pattern that his team has seen over and over again. And they're going to keep bringing up that pattern over and over, Jim.

And part of the reason, it means they're not talking about immigration. They're not being attacked when they're attacking and doing the attacking, Jim.

SCIUTTO: Phil Mattingly, Jim Acosta, Scottie Nell Hughes, I want to thank you. I want to turn now to Charles Bierbauer. He is the Dean for the College of Mass Communication and Information at the University of South Carolina.

Charles, you have been a journalist for a long time. You're in South Carolina. You're watching this race very closely previous races. You heard the vitriol coming across from Senator Ted Cruz, certainly not just from his side. We've heard it from Donald Trump and from others. And I think at so many points during the campaign, we've asked the question, you know, are the candidates worried this will damage them with voters. I asked Donald Trump on Monday, will it damage the eventual Republican nominee in the fall. He said, yes, it probably will. And yet we see this bitter rhetoric going back and forth.

I man has this become basically the standard of this campaign? We're just going to have to live with this? This is the way it's going to be?

CHARLES BIERBAUER, COLLEGE OF MASS COMMUNICATIONS AND INFORMATION SCHOOL DEAN, UNIVERSITY OF SOUTH CAROLINA: Well, it does appear to be the standard for this campaign. Not that we haven't had vitriol in previous campaigns. And some people tend to think that South Carolina is a place that brings this out. I think it's just where we are in the calendar of events, that by the time you get through Iowa and New Hampshire and to South Carolina, the campaign does get sharper edge.

And if you listen to Senator Cruz as we have for the last 30 or 40 minutes or so, and very extensive, very defensive and at the same time attacking on his left and his right from the political perspective, that is to say Trump and Rubio, you would almost get the sense that it was a three-man race, leaving all the other aside. Very keen in Mr. Cruz's -- Senator Cruz's concern that he himself is being attacked by Trump and Rubio.

You notice he doesn't mention anybody else and that may be the key to the South Carolina primary, is who is the third man leaving South Carolina after Saturday's primary. Right now, we still have this sort of four-headed, eight-legged Rubio-Kasich-Bush-Carson candidate which has to coalesce at some point.

SCIUTTO: Charles, let me ask you this, because CNN has town halls tonight and tomorrow night with all six Republican candidates. And, of course, you have the vote on Saturday. What do Rubio and Cruz have to do to break into what the polls show is still a significant lead by Donald Trump?

BIERBAUER: Well, that's when you would expect both Rubio and Cruz to be focusing their attention on Trump. But what we are seeing is that Trump has sustainability. His numbers tend to be in the mid to high 30s, almost consistently. Seem to be going even higher in -- in Nevada, I believe. This is no longer a flash in the pan campaign. This is no longer a whim. This is in for the long haul

And so Cruz and Rubio both have to determine that they are going to be the alternative to Trump. It certainly explains why Cruz and Rubio are attacking each other, as much as they are. And certainly will continue going out of here.

They would like to be rid of the others on this campaign, so that Rubio can genuinely offer himself as the alternative to either Trump or Cruz. And as more of the moderate mainstream Republican candidate.

[12:50:12] There are people in the Republican party who are worried if their candidate -- if their nominee tends out to be Cruz or Trump. So Rubio is -- for that purpose, the best alternative.

SCIUTTO: And no signs yet of that Republican field fitting out beyond those three. Charles Bierbauer, thanks very much. And all of this is going to make things very interesting at CNN's Republican Presidential Town Halls. All six candidates, as we mention, face-to-face with the voters of South Carolina. That is tonight and tomorrow night at 8:00 p.m. Eastern, only here on CNN.

Turning to Nevada with the Democratic caucuses three days away, Hillary Clinton and Bernie Sanders are in a dead heat. One of Hillary's advantages, she is polling better on race relations.

So, what can Bernie do to gain more minority voters? We're going to talk about that after this break.

(COMMERCIAL BREAK)

[12:55:31] SCIUTTO: What was once a double digit gap in the Nevada Democratic caucus is now a statistical tie between Hillary Clinton and Bernie Sanders. But beyond this weekend's contest, Hillary still has a commanding 18-point lead in South Carolina. The foundation for that massive lead has been blacks, flocking to her by a more than two to one margin.

Joining me now to talk all things about the Democratic race is Robert Zimmerman. He's a Democratic strategist and also I should note, Hillary Clinton is a supporter.

I wonder if I could begin on this note. If Bernie wins Nevada, right now it's a statistical dead heat, does this make this a dead heat race nationally?

ROBERT ZIMMERMAN, DEMOCRATIC STRATEGIST: Well, I think it's important to understand. This is not a national election for the nomination. It's going to be a race that -- nomination decided by collecting delegates and doing it on a state by state, caucus by caucus, primary by primarily level.

So obviously, I don't think I'm breaking political ground when I tell you that obviously if Hillary Clinton wins in Nevada, that's an advantage for her. Bernie Sanders wins, that gives him an advantage there. And it makes South Carolina even more critical.

Numbers will tighten, because ultimately, these polls fluctuate based upon a whole series of events and trends that take place nationally. But I wouldn't over analyze any one caucus or primary.

SCIUTTO: No, and that's a fair point. There's always going to be another one, the story line has the potential of changing. But there is one thing about Nevada that makes it something of a bellwether. People talk about this Hillary Clinton firewall among minorities. But let's look at Nevada. Hillary and Bernie, neck and neck there now. But in 2008, 30 percent of those who voted in the Democratic primary were Hispanic and black.

If there is a firewall for Hillary Clinton, why is Nevada a neck and neck race today?

ZIMMERMAN: Well, I never accepted the premise of a firewall. I mean, yes, Hillary Clinton does particularly well with people with diverse backgrounds and women in particular like she is doing in South Carolina. But remember, in Nevada, you've got a caucus environment. So we don't know what the turnout is going to be, how people are going to vote. And the rules change in a county by county basis.

But the bottom line here is, it's not really about a firewall. It's really about the fact that we have a real election going on in our party. And it's a great debate to have about how to build the economy, how to strengthen the middle class, how to reform our campaign process. And it's much more refreshing than watching the Republican party engage in a suicide pact with the right thing.

I mean you've got Donald Trump and Ted Cruz doing alternate Atlantic City lounge acts. But when they get to the main stage, where I think they're going to see a different type of response from the general public.

SCIUTTO: Robert, sticking to the Democratic race, just for a moment.

ZIMMERMAN: OK. Sure.

SCIUTTO: There are some worry, some trends that must be said with Hillary Clinton. Her support among women, we saw the fragility of that in New Hampshire, her support among young people. Now with minorities when you look at South Carolina, where she -- where I should note, she does maintain a lead, beating Bernie Sanders with black voters there 65 percent to 28 percent. But this statistic also notable, only 34 percent of blacks there say they have definitely decided. They still have an open mind to Bernie Sanders.

How much of a concern is that to the Clinton campaign?

ZIMMERMAN: Well, Jim, I would also point out to you, I'm not a spokesperson for the Clinton campaign, but I would point out her lead amongst women is also 2 to 1 in South Carolina. You know, I'm not taking anything away from the Sanders campaign. They have run a strong race, without question.

But I think when it comes down to looking at how the issues play out, when both candidates are carefully scrutinized on their positions, who can actually deliver the results, I think that's when people make their final decision, make their final analysis. Obviously, I've got to believe that South Carolina tightens up,

because nobody wins by 30 or 40 percentage points. That's only natural. But I wouldn't overread polling at this stage, especially when we only have three -- we only had two events take place, a caucus and a primary. We have got 48 more to go/

SCIUTTO: Robert, one final question very quickly. Donald Trump's lead in these primaries. Just big. It's big again in Nevada. It's big again in South Carolina. You preparing for the Democratic nominee to face Donald Trump as a Republican nominee? Just quickly.

ZIMMERMAN: Well, I think very clearly, it's looking more and more like a Donald Trump possibly Ted Cruz. But you know, when you've got a Republican party where 44 percent believe the president is a secret Muslim. And 45 percent don't believe he's legally the president, of course, a Trump or a Cruz is going to emerge. But ultimately, when you get into the general election, the rules are very different. And the standards are very different.

[13:00:13] SCIUTTO: Robert Zimmerman, thank you very much. Thanks to all of you for watching "Legal View" today. Wolf starts right now.