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Neil Bush Supports Ted Cruz as Republican Nominee; Donald Trump Comes Close to the Number of Clinching the 1237; Republican Senators Won't Accept Judge Merrick Garland's Nomination to Supreme Court. 3:30-4p ET

Aired March 16, 2016 - 15:30   ET

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

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[15:30:00] S.E. CUPP, CNN POLITICAL COMMENTATOR: And then the two of the front-runners ended up throwing their support behind a guy who wasn't even running, Garfield.

UNIDENTIFIED MALE: Garfield became the dark horse who are unexpected winner. And some think a similar possibility to happen this time around.

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BROOKE BALDWIN, CNN HOST: Joining me, the man, the legend, the one and only CNN political director David Chalian.

David Chalian, listen. I talked to Michele Bachmann a couple minutes ago, former congresswoman. Wanted to be president in 2012. She said to me, listen, I think if Donald Trump comes close to the number of clinching the 1237, yes, they will give it to him no questions asked. You say rules are the rules.

DAVID CHALIAN, CNN POLITICAL DIRECTOR: Well, you can't just give someone the nomination. It just simply doesn't work that way. You do, as the video just showed, have to get the magic number, 1237 delegates.

Usually, Brooke, we go to a convention, the biggest drama is which state is going to put the presumptive nominee over that magic number, his home state or a big battleground state? That's about the level of drama we get at in terms the voting on the floor. This is will a candidate get 1237 and actually obtain the nomination? If that doesn't happen on the first ballot, well then, every delegate is unbound and it is and an open convention.

So here is the thing. It's not something you can just give. Now, I agree with former congresswoman Bachmann about if he is within shouting distance of the magic number he is most likely to emerge with the nomination.

BALDWIN: OK. I got it. But then you just heard in the piece, you know, Garfield wasn't even on the ballot but his name was thrown in and boom, you know, we know what happened. We know our history. So what if somebody else's name is floated, i.e., we just heard from Paul Ryan today, U.S. house speaker, he says essentially thanks but no thanks. I think one of the people running for president should ultimately, you know, be the one to ultimately get the nomination. I mean, is this what we are about to see a trend, you know, a name gets floated and suddenly we start getting statements from these people.

CHALIAN: Yes.

BALDWIN: Yes.

CHALIAN: We are going this one because until the Republican establishment fully accepts the likelihood and right now it is a really good likelihood that Donald Trump is going to be to nominee, we are going to constantly see all the floats. What is the ways around this? We're still really concerned that Trump may do damage to the party. If that is how the establish power brokers in the party continue to feel, then we will continue to see these kinds of floats and names.

But as you saw, Speaker Ryan batted it down. I'm sure a lot of people will start batting it down. Because listen, if he is the clear front- runner and continues to win at the level he is winning -- first of all, if he continues to win at the level he is winning or just a little bit better he is going to get to 1237 before the convention. But even if he doesn't, he is going to be just shy, and imagine if then somehow he leaves Cleveland not the nominee what will happen with all his supporters? How would they react?

BALDWIN: We were just talking about what will Cleveland look like.

David Chalian, let's talk again. Thank you very much, my friend.

CHALIAN: Thanks, Brooke.

BALDWIN: Next, the personal side of Supreme Court nominee Merrick Garland. We'll speak live with someone who worked under him and calls Judge Garland one of the hardest working fairest minded people he has ever met.

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[15:37:38] BALDWIN: Welcome back. You are watching CNN. I'm Brooke Baldwin.

You know, one of the most respected U.S. senators has joined the chorus of Senate Republicans now opposing President Obama's selection of a potential nominee to the U.S. Supreme Court, Judge Merrick Garland. It is a strange turn of events considering at one point Senator Orrin Hatch was one of his strongest supporters for the D.C. circuit court.

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SEN. ORRIN HATCH (R), UTAH: Based only on his qualifications I support the nomination of Mr. Garland and I encourage my colleagues to do the same. To my knowledge, no one, absolutely no one disputes the following -- Merrick Garland is highly qualified to sit on the D.C. circuit. His intelligence and his scholarship cannot be questioned.

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BALDWIN: Joining me now, Makan Delrahim, former chief council of the Senate judiciary committee and "Daily Beast columnist Jay Michaelson who also happens to have been a former clerk for Judge Garland.

So welcome gentlemen to both of you.

And Jay, let me just turn to you. I mean, we have heard a lot about the qualifications of the Judge Garland. So if you want to elaborate on that. But I think what is also interesting, too, just personal anecdotes, tell me.

JAY MICHAELSON, FORMER CLERK FOR JUDGE GARLAND: Yes. You know, it was really kind of an honor, Brooke, to clerk for Judge Garland. This is somebody who worked really long hours and actually did the law. You know, there were a lot of judges who kind of have a reputation of they wanted a certain result and so they did what they needed to do to get to that result. And Judge Garland wasn't like that. He was somebody who I think really took the law seriously and the process seriously. And somebody who couldn't really predict how he would come out on various issues. You know, there were some judges who can always predict. But when it came to Judge Garland, there were really -- you couldn't tell because it depended how he did the law.

BALDWIN: This is a guy who paid his way through law school as a shoe store stock clerk tutored kids in Washington, you know, and also prosecuted Timothy McVeigh, una-bomber walked around - potentially walk around where?

MICHAELSON: He was actually in the site, you know, of the devastation of Oklahoma City and met with victims and actually did some of the work to really try to get the victims' side of the story. And that, too, is really unique at thing. You know, this is somebody who prosecuted more terrorism crimes, really, than anybody else and who now sits on the bench.

BALDWIN: So that is the qualification side. Makan, and I know, you disagree. We played the sound from Senator Hatch from what was that, from 1997. As recent as a couple of weeks ago, you know, he was supporting this notion of Judge Garland as pick. Why do you stand by Republicans in saying no?

[15:40:10] MAKAN DELRAHIM, FORMER CHIEF COUNCIL OF THE SENATE JUDICIARY COMMITTEE: Well, you know, let me just first say that as far as him -- and I've known Judge Garland personally and in D.C. anybody who has been in t legal community there knows him. And he is an absolute first-rate class act. The issue is not so much who the person is who has been nominated. It's the time we're in right now. It is an election year. People have already started voting for the next president. And you know, the Republicans made it very clear, up front, that it really doesn't matter who the nominee is. The fact that it is Judge Garland and he is well qualified, as would have been, you know, half dozen other folks the president may have been considering, would makes no difference. It's the issue of the court. And it's also Justice Scalia's seat. Justice Scalia's ideology and the balance of the court happens to be hang. And they said let's wait until the American people have decided in November.

BALDWIN: No. The stakes are huge. I mean, it's 4-4 right now, liberals and conservatives. Buy Makan, the fact that, you know, that Senator McConnell and others aren't holding hearings. They won't meet with him. Some of them won't meet with him when he goes to the hill tomorrow. They won't even, you know, take the step of doing FBI background checks. Is that appropriate?

DELRAHIM: I don't know if it's appropriate or not. I think it would be -- you know, might be a waste of both their resources and time to go through process to do that. Now, I know there has been some talk about possible action after the election. And depending on who the winner is. So if a Democratic nominee becomes the president maybe you will get quick action on Judge Garland for confirmation to the Supreme Court and perhaps there will be some preliminary background checks.

As far as, you know, what the Senate does with its role in the advice and consent process, I mean, the president is very keen on saying elections have consequences. And he became president, and therefore he has the right to nominate. But in 2014, the American people elected a majority Senate Republican. And they have the right to not provide that consent just like Senator Schumer and then Senator Biden took the floor and said there shouldn't be in an election year. Again, it has nothing to do with Judge Garland, his qualifications or his incredible personal traits.

BALDWIN: I hear you. It's not on qualifications. It's on process.

But to you, Jay -- and I know both of you know him. But he stood there today at the rose garden saying, you know, I'm paraphrasing, this is the biggest honor of my life. Yet he has to know what he is walking into. And so, for Judge Garland, just the human being, the man, walking into the middle of a massive fight what will that be like for him?

MICHAELSON: But you know, I thought it was actually really stirring speech that he gave at the Rose Garden.

BALDWIN: Emotional.

MICHAELSON: Yes. He welled up. He was fighting back tears talking about his wife and his grandfather. You know, I'm Jewish as well. And hearing that Jewish immigration story I think was really powerful. And you can contrast that with the kind of political machinations. You know, we have before seen a rule that a nominee would not be considered, you know, a year before an election. On the contrary, we have seen nominees confirmed in the year in an election year, you know.

So this is really unprecedented. It's obviously politicking. And I think the fact that Judge Garland was able to take the high road really sets up a contrast for the American people to decide. BALDWIN: Jay Michaelson, thank you. And Makan Delrahim, thank you as

well.

DELRAHIM: Thanks for having me.

BALDWIN: Thank you.

Next, he is the last man standing in the so-called Republican establish men. But who is Ohio governor John Kasich? We're going to dig into his record and find out whether he is really the nice guy he appears to be on the campaign trail. Stay here.

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[15:47:48] BALDWIN: He could now be the potential Republican dark horse here in this race. But what do we really know about the governor of Ohio, about John Kasich?

CNN's Tom Foreman dug up some lesser known details about the presidential candidate.

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TOM FOREMAN, CNN CORRESPONDENT (voice-over): John Kasich is not your one of the mill Republican. In addition to once supporting a federal ban on assault weapons the Ohio governor is also a grateful dead enthusiast to the point where it once got him into trouble. More on that in a minute.

In 1978, he was the youngest person ever elected to the Ohio Senate, just 26 years old. One of his first acts as senator, refusing a pay raise. He ran for Congress in Ohio's 12th district in 1982, narrowly beating out democratic U.S. congressman Bob Shomanski by a 50-47 percent margin. He went on to be reelected eight times. Kasich quit politics in 2001 and spend a decade as a banker and television commentator before returning to office as Ohio governor in 2011.

A diehard fan of rock and roll, Kasich once to party in a (INAUDIBLE) during Pearl Jam show. He was also allegedly kicks out of a grateful dead concert after trying to force his way on to stage. So much for peace, love, and rock and roll.

But he has a lot going for him. A Republican who can win statewide in a key swing state. And despite being a member of the GOP Kasich has a history. Working with Democrats as well. In 1994 he supported a deal with president Clinton to pass the federal assault west weapons ban. The NRA was not pleased giving Kasich an f rating at the time. He has also butted heads about law, once referring to a cop who gave him a ticket as an idiot.

UNIDENTIFIED MALE: Goes back to the car, come back, gives me a ticket. Says you must report to court. If you don't report to court we are putting a warrant out for your arrest. He is an idiot.

FOREMAN: However he stays true to his Republican counterparts. He has called George W. Bush his soul brother. And in 2013, signed a bill into effect that cut funds from Planned Parenthood requiring any woman seeking an abortion to first undergo an ultrasound.

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[15:50:00] BALDWIN: Let's bring in Mark Naymik. He is a political reporter and columnist for the "Cleveland plain dealer." Mark, great to have you on.

MARK NAYMIK, POLITICAL REPORTER, PLAIN DEALER: Hey, good afternoon.

BALDWIN: So I was surfing your paper, your Web site this morning and what caught my eye, five reasons to vote for John Kasich and five reasons to vote against him. Most glaringly, you know, he can't beat Trump. I mean, I don't know if Ted Cruz would actually drop out but the establishment certainly could rally behind him. I mean the math is not there yet, but what do you think?

NAYMIK: I think he would have a hard time getting the nomination. If he did or if the two of them were head to head in any kind of race as we saw, Trump would lose Ohio, Kasich would win Ohio.

BALDWIN: OK. But moving forward, I mean do you see this as a potential contender if there is a brokered convention and the establishment throws all their eggs in the Kasich basket?

NAYMIK: Yes, because Kasich would play well in Ohio and other Midwest and battleground states. Really Trump is not going to get through places like Ohio. I talked a bit about this in a piece yesterday. Because Ohio reflects the national mood, we have such a here, both -- all over the economic scale. Trump did not play well yesterday based on the results of the primary in anything beyond some of our poorer counties. And I think that would be tough to go forward. Plus Kasich does have the broader experience and in your setup piece you mentioned a lot of issues that I think Kasich will bring out going forward.

BALDWIN: You know, Kasich, the politician, Kasich, the wannabe Republican nominee and that you know, Kasich, the man. And this is part of Kasich -- let me just play this. This is part of governor Kasich we have come to see on the trail, a softer side. Take a look.

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UNIDENTIFIED MALE: I really appreciate one of those hugs you've been talking about.

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BALDWIN: All these months on the road, on the trail, what has surprised you the most?

GOV. JOHN KASICH (R), PRESIDENTIAL CANDIDATE: No question about it. That hat people have come to my town halls and they tell me some of the most intimate things that bother them in their life and they say it in front of other people where I guess they feel safe. Sometimes all they want is a hug.

I found how many people out there are lonely and don't seem to have anybody that listens to them or spends time with them or encourages them.

That widow, who was married for 50 years who no one calls anymore, you want to change the world? You take her to dinner on Saturday night. She will wear that dress she hasn't worn in six months. Never underestimate our ability to change the world in which we live.

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BALDWIN: But Mark, you hear other things about him as well, you know. That he's rude. You know, your paper said he's running as a hug loving, happy warrior on the trail but in Ohio many people have found him to be brisk, arrogant and insensitive.

NAYMIK: Right after he was elected for a first term, he told a group of power brokers and lobbyists down in Columbus, Ohio, that you get on my bus or I'm going to run you over. And he has made a very strong, you know, point of operating that way. You look at -- you know, you mentioned his anti-choice votes, signing legislation on that. He has also cut a lot of taxes that he brags about on the campaign trail but that did come at the expense of money to cities and communities throughout Ohio that are now and in this election, you know, looking to raise taxes to make up for that.

And Kasich recently in an interview said, well, these communities have more than enough police officers. I think, you know, if he were to go and interview mayors of any city, they would take issue with it. He has taken, you know, a very different approach as an executive leader in Ohio than what you see on the campaign trail. I think those two sides of him will merge as we go forward. But it's still difficult for him to get the nomination, no doubt.

BALDWIN: Mark Naymik, thank you very much, "Cleveland Plain Dealer," on John Kasich.

Coming up next, one of the Bush brothers announcing which candidate he is backing. Our interview with him, ahead.

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[15:58:25] BALDWIN: Ted Cruz's presidential campaign has picked up the support of a Bush brother. Not former candidate Jeb, not former president George W., talking about Neil Bush, their younger brother. He has joined Senator Cruz's fund-raising team. He had plenty to say about Donald Trump.

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UNIDENTIFIED FEMALE: Do you think Donald Trump is a unite? Is that what last night proves?

NEIL BUSH, BROTHER OF JEB AND PRESIDENT GEORGE W. BUSH: No, I don't think he's a uniter. In fact I think he is the most flawed candidate the Republican Party could put up as its standard bearer. And I would worry very much about retaining control of the House of Representatives. I think we've got an opportunity to not only retain control, but to actually move forward with a positive agenda of reform if we had a real leader that could unite our party in a Reaganesque kind of way. And Donald Trump is not the guy. I'm not ready to go to the Donald Trump coronation at this point. The fat lady hasn't sung. There's still a lot of contest to be played out, out there. And the more this becomes a two-man race, good for John Kasich for winning his first state of the election process, but he hasn't won anything up until now.

Ted Cruz has won nine contests and he's not -- he's not my first choice, I've made that pretty clear in other -- in an op-ed and other statements that I've made, but he is a clear principled conservative. That's one thing for sure, and he can beat Donald Trump one on one.

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BALDWIN: And when Allison followed up and asked if his brothers would endorse Ted Cruz, he said he does not speak for either of them.

I'm Brooke Baldwin. Thank you so much for being with me here. See you at the same time same place tomorrow.

"The LEAD" with Jake Tapper starts right now.