Doing everything i tried to do 25, 26 years, sure. I shouldnt have to tell you that. Unless you think im a fool. [laughter] cheryl remembering Antonin Scalia in his own words. The sudden death of the Supreme Court justice is being felt across our nations capitol. And now politicians on both sides of the aisle are preparing for the battle to name scalias successor. Fox businesss peter barnes is in d. C. With the latest what is boeing to be potentially long, drawn out fight. Peter . Reporter thats rights cheryl. Republicans say president obama should let the next president who they hope will be republican of course name replacement for scalia, a towering conservative jurist. The president says no way. I have the duty and power to name his replacement before i leave office. And you can bet his candidate will not be conservative like scalia. Today both sides facing off in this debate. Hillary clinton ticking off some of the issues at stake in this fight for both sides. Womens health care, voting rights, workers rights. I mean you just go down the liz and i think there is going to be a an increased attention and pressure for the senate to act and i certainly believe that would be right thing to do. Irrespective what president obama does, were not moving forward on a nominee until after the election. The next president should nominate it. For the opening. I believe i will be the next president and i will look for someone who is as much like scalia as possible. Reporter meantime some big cases are on the courts docket this term that may be affected by the death of Justice Scalia. The issue here, is that there could be a 44 deadlock on some of these major cases if justice on the right and left stick together. In that case, cheryl, a tie vote maintains ruling of a lower court. Cheryl . Cheryl peter bouncer in washington. Thank you. David scalias successor could tilt the balance much nations highest court producing decisions that will affect our lives and businesses for decades. Fox newss rich edson is on capitol hill with very latest on the battles, rich . Reporter good afternoon, david. President obama says he is going to nominate a replacement to replace justice Antonin Scalia. The republicans, they control the senate process here in the senate floor. They control the committee process. They say it should be the next president. They say were already into an Election Year and so republicans say they want to wait this out until the Election Year has concluded. And republicans of course, many of them say they hope a republican is in the white house to do so. Take a listen. Im on same side as the average republican senator. The reality of it is this. The Supreme Court had this equalibrium over the last several years, four conservative justice, four liberal justices and kennedy in the middle. Reality we must, we must replace scalia with another rock solid conservative. Reporter though president obama is still in office he still has 11 months in office and democrats say there is plenty of time for the president to nominate someone for the senate to advise, consent, vote up or down whether that nominee should serve on the Supreme Court. The top democrat on the Senate Judiciary committee, Patrick Leahy writes, quote, it is only february. The president and the senate should get to work out delay to nominate, consider and confirm the next justice to serve on the Supreme Court. Now republicans essentially are saying that when democrats back in controlled senate a few years ago they changed nominating process, the threshold for federal judges to serve. That didnt include Supreme Court justices but they sort of poisoned well back then. We have entered New Territory here on capitol hill. The senate is out this week for president s day holiday. He will be back next week. David, cheryl, back to you. David a lot of big battles coming up. Rich, thank you. Well have more on scalias life and legacy and as well as the fight for his successor. Well speak with robert george, one of the best in the world jurist prudence, a dear friend of Justice Scalia is coming up. Cheryl . Cheryl several gop president ial candidates insisting that president obama should not be allowed to name a successor for Justice Scalia. Donald trump back on the campaign trail today, slamming former president george w. Bush for attacks on 9 11 and the war in iraq. We werent safe. The World Trade Center came down which was the greatest attack in history on this country. So you had that. You obviously had the war which was big mistake. I think few people would say the war in iraq was a positive. Cheryl former president bush is back on the stump campaigning for his brother jeb in South Carolina. Fox newss carl cameron is in North Charleston with the latest. George w. Bush will return to the national scene, the political stage and the campaign trail for the First Time Since he left office tonight. As you can see behind me the crowd is already growing. This is evening event anticipated later. Pretty tough stuff from donald trump today who actually went and put the pledge back on the table. This is the pledge that he took as did other republicans that they would not run as Third Party Candidate if they didnt win the republican nomination. Donald trump today said based upon ted cruz and jeb bush and the last debate which he got booed he is prepared to say that the rnc has defaulted on their pledge because he got booed. The argument is from trump they didnt disperse tickets fairly and audience was stacked with lobbyists and bush donors. Here is little bit how trump renewed his threat. Watch. The rnc, better get its act together, you know, i signed a pledge but the pledge isnt being honored by them. I signed a pledge but it is a doubleedged pledge and as far as im concerned theyre in default of their pledge. Reporter trump put out written statement, if ted cruz will not apologize for his lies he will sue ted cruz ads canadian inhe willable for the presidency and if rnc doesnt mitigate objection that the tickets were not distributed fairly that will constitute him a reason to drop out of the party and run as independent in the fall. Cheryl thank you, carl cameron. David the battle over bush 43 continues as the former president stumps for his little brother firing back at Donald Trumps criticism on fox friends. Take a listen. Donald trump criticizing my brother, cast at this fating him, pushing him down will not change anything. The only person he praised in that debate was vladmir putin. He attacked my brother an praises putin. I dont know if that will work in an election, certainly not in South Carolina. David here to weigh in, Erick Erickson, editor of the resurgent and guy benson, townhall. Com, Fox News Contributors. Guy, the suggestion, lets bury this once and for all, the suggestion gw lied his way into the iraq war, when pentagon, cia, israeli, even Saudi Arabians thought Saddam Hussein had weapons of mass destruction of. Can we put to rest that gw was lying in taking advice from people. Moveon. Org, cindy she man, Michael Moore accusations one after another from donald trump against president bush. I said earlier on outnumbered, looking back on it, iraq was a mistake. That was not in the strategic interest of the United States knowing what we know now. Donald trump is saying i knew it all along. There is no evidence of that first of all. Secondly bush intentionally lied us into that war. Allowed 9 11 to happen. Passed up opportunity to kill bin laden. I dont know know where he is getting that from. David Erick Erickson was in favor of iraq war because Hillary Clinton also believed, virtually everybody believed at the time they had weapons of mass destruction. But he went further of course saying that 9 11, making a suggestion that somehow 9 11 was the fault of gw bush when in fact, all of the hijackers as far as i know were in the u. S. Wg number of Trump Supporters in South Carolina dont believe george w. Bush is to blame. David guy, one thing i think you and i will differ on, watching whole debate. Anything worth pursuing requires knowledge, hard work and a plan. At baird, we approach your Wealth Management strategy the same way to create a Financial Plan built to last from generation to generation. Well listen. Well talk. Well plan. Baird. This just got interesting. Why pause to take a pill . Or stop to find a bathroom . Cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. 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Im expecting them to try to put in place the operatives, materiel, whatever else they need to do or to incite people to carry out these attacks. Clearly so, i believe that their attempts are inevitable. I dont think their success is necessary are. Cheryl hear to weigh in judy miller, Fox News Contributor and steven yates, former depcy assistant to Vice President cheney to National Security affairs on security side. Are you in agreement with director brennan that we do face imminent attack by isis. I think that is very true. I think it is reassuring that he is recognizing that throat. I think less reassuring part, he seems confident about our ability to thwart attacks. He doesnt really make any clarity what weve done to reform and reallocate resources to stop Something LikeSan Bernardino or boston or what have you. Cheryl judy, he actually has. The president is proposing at this point, president charles schumer, is after him, cut counterterrorism programs about 300 million. That is what the president is doing about it. That is by half, judy. Disproportionate amount of money goes to new york which is premier terrorist target in the world. New york routinely spends 35 million a year on counterterrorism. But beyond that, beyond that, it needs the 180 million that it gets out of those funds and that has been slashed in half. So i dont see how you can kind of put together what john brennan said with a slash in funds, saying that we have a Terrorism Security initiative. We dont. We dont have a strategy and we dont have a priority on spending money where money needs to be spent. The steve, that is what so disconcerting on interview with 60 minutes with the director, because he is talking about something all but certain fact but yet here we are not really knowing where the attack comes from or when. It could be terrorists on our shores . Very true. I mean he is still engaged in lengthy verbal gymnastics about isil versus about what to call the enemy. It is even worse given mayor de blasio defunded and shut down one of the most important elements in the nypd to monitor and thwart attacks. Even if we had money from the federal government, there are local problems. Lack of seriousness on real counterterrorism. Cheryl judy, your words are frightening for all of us that live in new york which is under constant threat. Judy, steven, thank you to both of you. Well continue discussion another day. Okay. David meanwhile she has mail again. Again classified the secrets in the latest batch of Hillary Clinton emails. That is coming next. Pope francis visiting mexico. The holy father slamming the countrys rich and corrupt elite. You both have a perfect driving record. Perfect. No tickets. No accidents. That is until one of you clips a food truck, ruining your perfect record. Yeah. Now you would think your Insurance Company would cut you some slack, right . No. Your insurance rates go through the roof. 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Jake reese, day to feel alive jake reese, day to feel alive jake reese, day to feel alive all across the state the economy is growing,arts today. With creative new business incentives, the lowest taxes in decades, and university partnerships, attracting the talent and companies of tomorrow. Like in utica, where a new kind of workforce is being trained. And in albany, the nanotechnology capital of the world. Let us help grow your companys tomorrow, today at business. Ny. Gov david its a holiday so of course there was another dump emails today. The state department dumping a brand new batch of Hillary Clinton emails this weekend. More than 500 were released. More than 80 contained classified information. Chief intelligence correspondent herridge age live in d. C. Does seem to be Holiday Weekend when these things are released a lot of that goes on, right . Reporter david, of 550 emails roughly 15 contain classified information. A handful at secret level including this email from march 25th, 2012 about syria peace talks. It was posted to the state Department Website with the text fully redacted, citing classified information including Confidential Sources working for u. S. Government and intelligence entrusted to the u. S. By foreign governments. These categories are among the most closelyheld bost secrets. Former special operations vet san says this type of information should never be outside of government channels and his current and former colleagues are worried. Their concern was there appears to be clearly doublestandard. Had this happened to someone serving in the government, their clearance would have been pulled and probably certainly would be under investigation depending on the level of disclosure. It is entirely possible they could even be in pretrial confinement for that matter. Reporter even before the last rounds of emails were released the state department told reporters they were reviewing and upgrading the documents. I dont have any preview to offer you. You know, or details about what this batch may hold. Weve been very clear all along in this process. As we reviewed these emails, you know, well upgrade them as is seen necessary and well continue to do that but i dont have anything to preview, sorry. Reporter Clinton Campaign position has been very consistent they say its an interagency fight over what is classified. That these are examples of classification run amok. That nothing that was sent or received by mrs. Clinton was marked classified at the time but the Intelligence Agency that generates the information, david, owns it and has final say on classification, not the state department. And whether something is marked or not makes no difference under the law. This march 2012 secret email we discussed at top of the report, will be declassified 25 years to the day after it was sent, which means it was classified when it hit mrs. Clintons server, david. David fascinating stuff. Thank you, catherine herridge. Youre welcome. Cheryl few other stories on our radar this afternoon, pope francis made way through his trip in mexico. Holding a second mass before a Million People this morning before heading to meet with the areas indigenous people. The pontiff criticizing treatment from the country elite, denouncing their centurys old exploitation and exclusion. The world should learn from the Indigenous Culture and appreciation of nature.