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Trump Victory; Supreme Court Fight. Aired 3-3:30p ET

Aired February 24, 2016 - 15:00   ET

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

[15:00:17]

POPPY HARLOW, CNN ANCHOR: Top of the hour. I'm Poppy Harlow, in today for my friend Brooke Baldwin.

We do begin this hour with breaking news in the partisan battle to replace the late Supreme Court Justice Antonin Scalia. While Senate Republicans are renewing their promise to rejection anyone that President Obama nominates, the White House right now is vetting a nominee that GOP leaders, well, they certainly can't ignore. They will be asked about it.

Will they meet with him? We will see. It's Governor Brian Sandoval of Nevada. He's a Republican.

Let's talk all about this with CNN senior political reporter Manu Raju broke the news. Also for analysis with us, CNN legal analyst Paul Callan. CNN senior legal analyst and author of "The Nine" all about the Supreme Court, Jeffrey Toobin, is on the phone with us.

Manu, to you first. This comes on such an interesting day, a day when the gloves are off. Senate Majority Leader McConnell says there will be no hearing on anyone that the president confirms. The president writes about who he would look for on the SCOTUSblog, and then this. What happened?

MANU RAJU, CNN SENIOR POLITICAL CORRESPONDENT: It's interesting.

There are a number of potential Supreme Court nominees that the White House is looking right now. We have been told that Sandoval is part of that list. Sandoval's office actually just put out a statement saying that they have not been contacted by the White House.

But what we do know is that Brian Sandoval has spoken to Harry Reid, the Senate Democratic leader, about the prospects of a Supreme Court nomination. Now, I just had a chance to speak to Harry Reid about this. And he had all sort of positive things to say about the prospects of Brian Sandoval as a Supreme Court justice.

(BEGIN VIDEO CLIP)

RAJU: Speaking of which, you met with Brian Sandoval. He has been mentioned as a possible Supreme Court justice. Do you think that he would be a good Supreme Court justice?

SEN. HARRY REID (D-NV), MINORITY LEADER: Well, I don't pick the justices. But I know if he were picked, I would support the man. He is a good person. He has a great record. And he's been a tremendously good governor, in spite of having to deal with some very big problems there.

RAJU: So do you advise the White House to pick a moderate Republican who could divide the Republican Party or pick a progressive that could fire up the liberal base?

REID: I have talked to the president. I have talked to his chief of staff many times. I talked to his political guide today, and he should pick who he thinks is the best.

(END VIDEO CLIP)

RAJU: Now, the question is whether or not this talk about Brian Sandoval is simply a trial balloon to make Republicans look unreasonable in the eyes of Democrats and the White House. I had a chance to talk to a bunch of Republican senators if they would even consider Brian Sandoval.

All of them universally are saying, no, they would not consider it, all I should say except for two moderate Republicans who are open to the idea of considering a nominee. The rest of them don't want to move forward even if it is a moderate Republican governor like Brian Sandoval. But it could be bad optics for them, which is part of the reason why Democrats are open to it.

HARLOW: Yes, no question, it could hurt them in those down-ticket races potentially.

Manu, stick with me.

Jeffrey Toobin, to you, this is a Republican, yes. This is also someone who is pro-choice, but he opposes late-term abortion. He approved Medicaid expansion. Do you think this changes the game, Jeff Toobin, for Senate Republicans? Are they going to have to at least meet with him?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Absolutely not.

The Republicans are locked in on this issue. I think we are at the beginning of a major political battle. And I think the president's team, and certainly Harry Reid, can succeed in making the Republicans look intransigent and unreasonable by refusing even to meet with a prospective Republican.

But the president is not going to nominate someone who, like Governor Sandoval, thought Obamacare was probably unconstitutional. The president is going to nominate someone who is closer to his own views on legal issues. But I think, as a stroke of political jujitsu, floating his name and making the Republicans look bad, that's an accomplishment in and of itself, and I think we can expect more of that in the weeks ahead.

HARLOW: Political jujitsu, the quote of the day, Jeffrey Toobin, to you. Paul Callan, walk me through what else we know about his record, because this is someone who was unanimously confirmed by the Senate in 2005 as a district court judge when he was brought up, nominated by then President Bush.

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: Well, one of the reasons I have to agree with Jeff that this is a political move by the president -- and I would have to say it is a very smart political move, because he has nominated a Republican governor.

And when you look at his record, he has a record of supporting programs that are very important to the president, the most important being the Affordable Care Act. His record has been as governor supporting that. He has voted in favor of abortion rights. He has been relatively pro-environment as well. And same-sex marriage, he has made a public statement that that's been settled by the courts.

[15:05:07]

So when you think about it, in a lot of respects, just on the merits, he wouldn't be a bad choice for a Democratic president. The Republicans, of course, are going to say, this is not a moderate governor. This is a liberal Republican governor. And I think that's why they will oppose him or at least publicly that will be the position as to why they are not going to conduct hearings and seriously consider the candidacy.

HARLOW: The politics behind all of it are vast. Paul, thank you very much. Jeffrey Toobin, thank you. Manu, thank you again for this and for breaking the news.

RAJU: Thank you.

HARLOW: Right now to the race for the White House, and on stage tomorrow, Donald Trump and his rivals, well, they will take their best shot at the front-runner and at reaching a huge number of potential voters. They can make their case during what may be the most critical point so far in this wild election season.

CNN's Republican presidential debate is the last one before voters head to the polls on Super Tuesday. That's only about six days from now, when 11 states hold Republican primaries or caucuses. And derailing Donald Trump is looking as tough as ever after he won by a long shot in Nevada, notching his third consecutive victory.

Trump won by his biggest margin so far, just a hair less than 46 percent of the vote. Consider this for a moment. More people went out to caucus last night for Donald Trump than total in the 2012 Nevada Republican caucuses for all of the candidates then combined. It is astonishing.

Let's go to Phil Mattingly. He is with the Trump campaign in Virginia Beach.

And I know he just spoke to a big crowd at Regent University. What was the takeaway? PHIL MATTINGLY, CNN CORRESPONDENT: Well, Poppy, a sweeping victory

last night, a bit of a victory lap today. That was one of the primary takeaways. But it was a wide-ranging conversation with Regent University chancellor Pat Robertson, obviously a well-known evangelical leader.

He touched on a number of different topics, including what he would look for in a vice president and some other interesting elements as well. Take a listen.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I can forgive. I'm pretty good at that. I do have -- every once in a while, there will be somebody that went too far and I won't like it. You have been hearing what I have been saying over the last few weeks.

And things that were said that were lies, frankly. They were real lies. And I won't mention, because I can't mention it in Pat's presence. I want to -- I have got to be a good person today.

(LAUGHTER)

TRUMP: At least for the next hour. I'm sorry. Senator Cruz gave us Obamacare in a true sense, because any good -- it's true.

UNIDENTIFIED MALE: What are if most important qualities you are going to look for in a vice presidential candidate? And feel free to name some names.

TRUMP: The main quality that you want is somebody that can be a great president if something happens to you. That's got to be -- don't you think? That's got to be number one. And then I would want somebody that could help me with government.

So, most likely, that would be a political person, because I'm business and I'm very good at all I do and all of that. And I'm also very, very political. You have seen me -- when you can get zoning on the West Side of Manhattan to build almost 6,000 units of housing, and you have to go through New York City politics, believe me, that's as tough -- I don't say Israel, Palestine, but it's about as tough a deal -- it's about as tough a deal.

I view that as the single toughest deal, anybody who can make that deal. And we're going to give it a shot.

(END VIDEO CLIP)

MATTINGLY: Poppy, a lot of ground covered today in that sit-down with Pat Robertson. But you noticed the not-so-veiled shots at Senator Ted Cruz there.

What's going to be more interesting tomorrow night at the debate than what Donald Trump has to say, it's what people like Cruz or Florida Senator Marco Rubio or Ohio Governor John Kasich or even Ben Carson have to say to Donald Trump. There is a lot of urgency right now when you talk to GOP operatives

across the different campaigns. There is a recognition. Donald Trump is in a very good position right now. His poll numbers going into Super Tuesday make that position look each better. Something needs to be done right now. I think, and what I'm hearing right now from different campaigns is tomorrow is the night where they start to make that stand.

Will it have any impact? So far, it hasn't. But it's worth watching, Poppy.

HARLOW: Yes. And what is that stand going to look like, exactly. Phil Mattingly with the Trump camp in Virginia Beach, Virginia, thank you.

Coming up next, a lot ahead this hour. Are establishment Republicans who want to take Donald Trump down not listening, not listening closely enough to you, the voter? We will debate that.

Also, a staffer says Ted Cruz has had enough, that the senator has hit a boiling point and is going to hit Donald Trump hard. What would that look like?

I will also speak live with a police union official who is questioning whether officers should work security for Beyonce's upcoming tour, this after her controversial video and Super Bowl performance. We will debate it ahead.

(COMMERCIAL BREAK)

[15:13:42]

HARLOW: All right. In just the last hour, the third-place finisher in Tuesday's Nevada Republican caucuses received a much-needed boost to his campaign, Texas Governor Greg Abbott just endorsing Texas Senator Ted Cruz.

Cruz speaking just moments ago about their history.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ (R-TX), PRESIDENTIAL CANDIDATE: When I started in the job, he gave me very simple marching orders. He said, I want you to look all cross this country. And if we can stand up and defend conservative principles, if we can defend the Constitution and Bill of Rights, go do it.

(END VIDEO CLIP)

HARLOW: Let's talk about all of it.

Kathleen Parker is with me, a columnist for "The Washington Post," and conservative CNN political commentator S.E. Cupp.

Thank you, ladies, for being here. Look, Senator Cruz made this significant turn in terms of the

rhetoric. And we're seeing that he will likely push a lot more aggressively against Donald Trump. Here's what one of his advisers told CNN.

Let me quote here: "It is only so long you can take someone calling you a liar when not lying. It got to the point of absurdity. Just because Trump says it doesn't make it so. We have got to put a stop to it."

Kathleen, to you first. Is going aggressively against Trump, is that a very smart strategy for Ted Cruz right now?

KATHLEEN PARKER, "THE WASHINGTON POST": Well, I don't think he has much to lose by it. He has taken third place twice now. And he is being called a liar and I think you have to defend yourself when that kind of charge is made.

[15:15:08]

So, I don't think that's going to be a problem in terms of whether he is viewed as, oh, gosh, he is attacking the person that we most prefer, but rather that he is a strong person and he isn't going to stand by while he's bullied by this person who has no reticence when it comes to name-calling.

I don't think it's going to hurt him. I think he has to do that. And actually I would wish that both Marco Rubio and he would go after Donald Trump on his record. You don't have to call him names. You don't have to -- you don't have to be another -- a worse Donald Trump.

But, in effect, you know, I would -- if I were advising these two candidates, I would say, look, go after his tropes, go after his template. His template is I'm a winner. I'm a winner. I'm brilliant. I'm all those things. You know what -- you know what he says.

So is he really a winner? And I think what they do to say, well, he is not really a winner. Actually, Donald Trump is kind of a loser, and you can build a list of times when he has lost. That includes when he lost, for example, the better known case is in Atlantic City, when this widow won her suit against him.

(CROSSTALK)

HARLOW: Right, the eminent domain case.

PARKER: Used eminent domain, exactly. I would build that case against him. I don't think he would handle it very well.

HARLOW: But I think, S.E., I feel like hasn't that been tried before against Trump? I mean, even the Cruz ad with Trump on "Meet the Press" back in the '90s talking about being pro-choice at that point in time, and yet he wins Nevada by this stunning margin.

S.E. CUPP, CNN POLITICAL COMMENTATOR: Yes, I mean, I hear Kathleen, and, believe me, I am frustrated and wish that some of the other candidates were able to take on Trump more effectively.

But I think that strategy has proven ineffective among his supporters. You are just not going to peel away a Trump voter who is more committed to Trump than any other voter is committed to any other candidate on, and they are incredibly loyal, by pointing out that Trump isn't who he says he is. They just don't seem to care.

I think what, for example, Rubio's strategy and Kasich's strategy is to do is to run a race to be the last establishment candidate standing. They are, I think, letting Ted Cruz and Donald Trump sort of duke it out to be the last anger candidate standing and hope -- you know, Rubio and Kasich and Carson maybe hope to be around to then take on the winner of that contest.

HARLOW: Kathleen, I find it fascinating.

(CROSSTALK)

PARKER: I agree with S.E. in terms of...

HARLOW: Go ahead.

PARKER: No, I was just going to say, I don't think anyone is going to peel away his supporters, but there are still so many people going into the primaries who haven't made up their minds yet.

In South Carolina, it was last minute people were deciding who they are going to vote for. There is a shot there to be taken.

(CROSSTALK)

HARLOW: I just want to get your take at what he said at Regent University today. He was asked about a potential V.P. pick, because, look, we are not talking in hypotheticals anymore. We are talking about numbers that are there, someone who has won three in a row and looks solid going into Super Tuesday.

He said he would want, Kathleen, a -- quote -- "political person" for his V.P. nominee, this coming from the ultimate outsider. What do you make of that?

PARKER: Well, he probably understands that you have to have someone familiar with the ropes in Washington. You can't just show up, as Barack Obama did, and think you are going to change the world. You have to work with the Congress. You have to work with the legislative body.

In order to do that, you need someone who understands who the players are, how they align with other players. You know, it's not that simple, actually, to get things done on the Hill, as we have noticed. So it helps to have a political person in your camp who can help you, can guide you through the political swamps, as it were.

(CROSSTALK)

PARKER: So, it's kind of a non-outsidery thing to see. HARLOW: S.E., yes.

CUPP: And I think it's really interesting. I think it's really interesting. I think this is the beginning of what we're going to see, a Donald Trump sort of pivot and rejiggering, as he goes through Super Tuesday.

And if he is as successful through Super Tuesday as he has been in the past three contests, I think you are going to start to see a very savvy Donald Trump sort of shifting to a more moderate tone, a more conciliatory tone, an acknowledgment that he will have to work across the aisle.

And saying that he would put a political person on the ticket as opposed to some outsider anti-establishment Carl Icahn kind of guy that he usually talks about, I think, is your first nod that he understands he is going to have to make a pivot if he wins this nomination.

HARLOW: It is a big night for all of the GOP contenders still standing tomorrow night, where you are, S.E., in Houston at that last Republican debate before Super Tuesday hosted by our Wolf Blitzer.

Kathleen, and, S.E., weigh in as well. Is it all in for Rubio and Cruz tomorrow night on the stage, Kathleen? If you are building a strategy, what do you say to try to get ahead of Donald Trump tomorrow night?

[15:20:05]

PARKER: I think that, yes, it's all about who prevails in the debate, either Senator Cruz or Senator Rubio.

And I think they are going to be -- I can't predict what they are going to do. But they are going to have to stick to, I think, being the statesman. I don't know that I would spend a lot of time attacking the other.

I would try to make my case as strongly as possible and be the -- you know, be the grownup on the stage. It's not that hard when you have got Donald Trump as your -- you know, as your chief foe. But, yes, I think all eyes are going to be on those two, for sure.

HARLOW: And S.E., I just want your take also on this news out just this afternoon out of the nation's capital, the fact that it looks like the White House is vetting a Republican governor, the Republican governor of Nevada, Brian Sandoval, as a potential nominee for the Supreme Court.

CUPP: Yes.

HARLOW: As Jeffrey Toobin, put it, political jujitsu, that it's sort of brilliant politically, but won't make it through. What's your take, S.E.?

CUPP: Yes, I think that's exactly right. The idea that President Obama would actually nominate a Republican

sitting governor like Brian Sandoval to the Supreme Court is laughable, for mainly the reason that it would then put Hillary Clinton and Bernie Sanders in the unenviable position of having to defend this Republican pick on the campaign trail to their very liberal voters.

This will never happen. This is purely, once again, President Obama just trying to goad Republicans into looking unhelpful and obstinate and nothing more than political points. This is not a serious talk. This is a trial balloon. That's it.

HARLOW: We will watch.

Kathleen Parker, thank you so much.

PARKER: I kind of think it's brilliant.

CUPP: Oh. Quickly, you think it's realistic?

PARKER: Well, Sandoval has been on the short list many times as a potential vice presidential candidate. He is not that -- he is attractive to Republicans. Maybe they will let him in. Who knows?

(CROSSTALK)

HARLOW: That's what we know.

Kathleen, thank you. S.E., thank you so much. Enjoy the debate. We will all be watching from here.

CUPP: Sure.

HARLOW: Thank you.

For all of you watching, do not miss it. It's tomorrow night only on CNN, 8:30 p.m. Eastern. The GOP candidates face off for the last time before Super Tuesday. Wolf Blitzer moderates the CNN Republican presidential debate live from Houston, Texas, only right here.

Next, Ted Cruz admitted it is make or break on Super Tuesday. And with those votes less than a week away, what does each candidate have to do to stay alive? We will break it down. Take a look at the states there all ahead next.

(COMMERCIAL BREAK)

[15:27:10]

HARLOW: All right. New Hampshire, check. South Carolina, check. Nevada, check.

With a Donald Trump nomination looking more and more realistic, the pressure for other candidates to win big on Super Tuesday even higher. And, as they say, everything is big in Texas, including the number of delegates. Look at the map there. Those are all the Super Tuesday states, Texas with a whopping 155 delegates up for grabs, delegates that home state Senator Ted Cruz has called the crown jewel of the primary season.

Let's talk more about all of this and the math and how it all adds up.

Gideon Resnick is a reporter with The Daily Beast. Today, he will be playing the role of delegate mathematician.

Your lucky day, sir. I want to tick through these. First of all, finish this sentence for me. Ted Cruz survives Super Tuesday if he does what?

GIDEON RESNICK, THE DAILY BEAST: I guess the idea now is if he wins Texas.

HARLOW: That's all he has to do?

RESNICK: It seems sort of like sad that it's not a foregone conclusion anymore that he is going to get his home state. But in terms of the delegates, he could get much, much closer to Trump, obviously, if he gets those 155 in Texas.

But the way that we are looking at polls now, it kind of seems the momentum is lost. It seems like overall the campaign seems like it's stumbling around a little bit. I guess that would seem like a win.

HARLOW: That would do it?

RESNICK: Yes. But, otherwise, I don't know.

HARLOW: You never know. The latest polling shows that Trump is ahead of John Kasich in his home state of Ohio. You never know what is going to happen, you are right, even in your home state.

RESNICK: Right.

HARLOW: All right, finish this sentence for me. Marco Rubio continues in this race as a formidable opponent to Trump if what?

RESNICK: I don't know how you finish that, honestly.

HARLOW: You giving up on him?

RESNICK: The thing is...

HARLOW: He came in second last night.

RESNICK: He is sort of hedging expectations and saying, you know, I can stay in this if I'm consistently second. I can stay in this if I win my home state of Florida March 15.

But, for right now, it's not even looking as if he has a chance to take any states on Super Tuesday. At one point, Minnesota seemed like it might be a possibility. I know that Colorado is another state that's not polled all that well and it is a caucus. So, again, who knows really. HARLOW: Wow.

RESNICK: But, at this point, yes, you have a candidate who on paper seems like he should be the guy. And everybody has been saying he is the guy for months. And yet he can't seem to consolidate that into a primary state win.

HARLOW: If you can't take a state, then how are you going to pull this off?

RESNICK: Right.

HARLOW: Donald Trump runs away with this on Super Tuesday as long as he doesn't do what? What Donald Trump have to not do to keep this momentum going?

RESNICK: I think he has to just win the states where he has been winning for a long time. And if we base the logic on the polls that we have seen -- and the polls have been relative with the wins that Trump has gotten -- it seems like it's going to win, you know, 10 states on Tuesday, which means that it doesn't seem like it's likely to close the gap any time soon in terms of the delegates, in terms of just how you catch this guy in national polls.