This is our day to breathe while others are open. I wouldnt be surprised if the dow was up 200 points at open. We may have have the 08 crash where it goes down 50 from the top or opportunity to buy highrisk debt which is down 20 from the peak in some indexes. There is decision going on. Will it get better or get worse . That is where we are. No one side clearly in the lead but over last couple days people are looking at stuff over. Oil is coming back a little bit. Central banks certainly accommodative, Chinese Central Bank seems more optimistic. Could be a big buy the dip move. Deirdre jonas, i will be checking back in with you in a bit. Meantime jonas max ferris. There is volatility in the markets you heard from jonas there is volatility in the highest court of the land. The death of Supreme CourtJustice Scalia, a conservative legend, is starting off a huge political battle. President obama says he will nominate a successor in due time. I plan to fulfill my Constitutional Responsibilities to nominate a successor in due time. There will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. Deirdre shannon bream, fox news Legal Correspondent with me right now. So, shannon, the Senate Returns from recess february 22nd. I assume any names the white house put forward happens after that date, right . Reporter thats what we think at this point but of course, deirdre, were in such unusual territory, there are rules going out the window. There are not rules for some of the these situations. It is rare but not unheard of for justices to be both nominated and confirmed in an election year. It has been almost0 years since that happened 80 years since that happened according to our research. There is growing partisan divide in the senate where numerous gop senators are publicly taking a stand, there is no way they will allow president obama and his nominee to be confirmed. As you expect that includes 2016 contenders like senator marco rubio who said this on the campaign trail. There is no way the senate should confirm anyone that barack obama tries to appoint in his last year in office to a lifetime appointment. [applause] reporter after Senate Majority leader republican Mitch Mcconnell said this, leave it to the American People. Well let them do that via their next choice for president , senator Elizabeth Warren a democrat, said this on her facebook page, quote, senator mcconnell is right that the American People should have a voice in the selection of the next Supreme Court justice. In fact they did. When president obama won the 2016, or excuse me 2012 election by five million votes. Go ahead and look ahead to a short list of possible obama nominees. Judge patricia millet sits on d. C. Circuit. She is respected on both sides of the aisle. You heard this name a lot judge. He also sits on the d. C. Circuit. He clerked for Justice Sandra day oconnor. Highly regarded. Relatively young by Supreme Court standards and was easily confirmed to the current post by the senate. Would be the first indianamerican justice. Ive been hearing the name attorney general loretta lynch. She would be another first for the court, africanamerican woman. She may be viewed as too political a pick in this very delicate situation. We think at fox news, judge jane kelly should be on short list, former harvard classmate of president. She is strong persuasive writer, that could come in handy on the nations highest court. There are many possibilities. For sure, anyone who accepts this nomination they will have to be prepared for bloody, bruising fight ahead on capitol hill. Deirdre looked tough indeed. Shannon, thank you so. Shannon bream joining us, fox news chief Legal Correspondent. President obama has 10 months in his presidency. Senate republicans as you heard from shannon would rather wait to have the next president decide who will take Justice Scalias place. There are four conservative justices and four liberals after scalias passing. Democratic appointees have not held the majority on the high court in more than 40 years. Meantime there are open cases, ones before the Supreme Court. Fox news legal analyst, lis wiehl with the latest. Great to see you. Listen, the business of the court must go on, exactly. If the, decision not decided by june and it is 44, then lower courts hold sway. Lets go forward, with affirmative action. Fisher v. University of texas in austin. That is affirmative action. That will be decided by june. That is in front of the court right now. What will happen we dont know if there is not another vote. Deirdre i want to pause here, on our screen to match exactly what youre saying, these are huge, contentious issues. You just mentioned affirmative action. But abortion, the first case will be heard in decades. Immigration, voting rights. The list is long. Goes on and on. Affirmative action, abortion, immigration, university of texas as well. Lets go forward to voting rights. Again, this ask one person, one vote. You have got union versus collect fees this is california. From texas to california, we have huge cases going on in this country, that will be decided by june, whether or not weve got another vote, ninth vote or not. Deirdre as top legal mind yourself you know scalia. He was known for this kind of original interpretation of the constitution. Yes. Deirdre is there anybody out there that is on the short list, im not saying who could match that, similar in thought from that short list . Not on that short list, no. Scalia, love him or hate him was original. And his dissenting opinions were original. His remarks were, from the bench were original. He, his humor was original. Deirdre even Ruth Bader Ginsberg is one of the most liberal, had a great friendship. Had friendship. You can not find a replacement that quickly for him either in opinion or wit or anything like that. Right now what youre looking at is a court completely divided. It will be 44. Now you have to find someone that could kind of make that bridge. But really, we are looking at a completely divided 44 split with major decisions coming up in june. Deirdre all right. We thank you as always. Well be talking a lot before then. A lot. A lot. Deirdre lis wiehl with me there, fox news legal analyst. Republicans saying president obamas late term nomination to replace Justice Scalia would not represent the will of the people. I plan to fulfill my Constitutional Responsibilities. We are not moving forward on Supreme Court nominee until after this election. This should be a decision for the people. Deirdre republican representative Bob Goodlatte from virginia with me now. He is also the chairman of the judiciary committee. Thank you very much, congressman, for the time in advance. Want to go right to a comment from gop can sate senator cruz saying he will filibuster any Supreme Court nomination made by president obama. Here is the texas senators comments for those who havent followed as closely as you have. Does that mean you will filibuster anyone, anyone that president obama nominates. Absolutely. This should be a decision for the people, george. We have got an election. Democrats, i can not wait to stand on that stage with Hillary Clinton or with bernie sanders, and take the case to the people. What vision of the Supreme Court do you want . Let the election decide. Deirdre congressman, what do you think of cruzs opinion and his strategy . Well, deirdre highly unusual to have a Supreme Court confirmation in president ial election year. The last one was 1940. President roosevelt, quite frankly almost all of the ones occurred in president ial years, the senate is controlled by same party as the president. Here you have not only divided congress with the president but you also have a divided court. The stakes are very, very high. And Justice Scalia was a lion of the court, strong, originalist, strong on tex allism, protecting write of legislators writing laws and not have courts reinterpret those laws. To replace him, requires not only great deal of deliberation but also i think requires taking it back to the American People. This is great issue to add to the president ial debate and let the next president of the United States nominate this important Supreme Court position. Deirdre congressman, is there anyone on the short list or other who you think may be is not like Justice Scalia but who would do his legacy credit . We havent seen who the president will nominate, but it is highly unlikely that this president , who has repeatedly taken his pen and his cell phone and attempted to go around the congress and enact policies that he would nominate a justice of the Supreme Court that would have anything close to Justice Scalias position protect the constitution which i think he was our strongest advocate. Deirdre congressman, we thank you so much for the time. Glad to have you here. Thank you, deirdre. Deirdre new york city senator Chuck Schumer criticizing republicans for threatening to block president obamas Supreme Court nomination saying democrats have never done that. This kind of obstructionism isnt going to last. You know, we democrats didnt do this. Deirdre in 2007 he did do just that, with president george w. Bushs nominee. Hear it for yourself. Speaking of big decisions, president obama is cutting the counterterrorism budget. My next guest is wondering why when a bomb was found in rental car near a albuquerque airport. Mark zuckerberg has 16 bodyguards to protect him according to our sources. General Thomas Mcinerney says he should worry less about his own safety and help us spot terrorists on social media. Pet moments are beautiful, unless you have allergies. Then your eyes may see it differently. Only flonase is approved to relieve both your itchy, watery eyes and congestion. No other nasal allergy spray can say that. Complete allergy relief or incomplete. Let your eyes decide. Flonase changes everything. Im in charge of it all. Business expenses, so ive been snapping photos of my receipts and keeping track of them in quickbooks. Now im on top of my expenses, and my bees. Best 68,000 employees ever. Thats how we own it. Sometimes they just drop in. Always obvious. Cme group can help you navigate risks and capture opportunities. We enable you to reach Global Markets and drive forward with broader possibilities. Cme group how the world advances. Cnbc is on tape, were open for business. Deirdre credible explosive device found in a rental car in a car in albuquerque yesterday. At the same time Chuck Schumer slamming president obamas 300 million cut to antiterror programs to cities. Retired attorney general Tom Mcinerney is with me. General, welcome. Seems like the wrong time to cut antiterror spending. Why is the president doing this now . It beats me, deirdre. I dont know why at all. 2016 is a very vulnerable year for us. Look what happened in paris, look what happened in chattanooga, look what happened with the russian airliner. The signs out there flashing red. I dont understand why the president went from 300 million down to 139 million even though he put it other programs. Cities like new york city which is our most vulnerable city so i can not understand it. Deirdre youre not alone, general. I want to know how threatening the kind of device that was found on the avis rentacar seems to you . Well, there are a couple options or maybe three. The fact is it could have been radical islam, isis, al qaeda. It could have been a disgruntled passenger or a customer. Or it could have been just a drug person. Whatever it is, when we do the forensics, the key is, we do forensics on the bomb itself, deirdre. That will open up the whole story i do believe. It is still too early to say it. But i do believe that i would default immediately to isis or al qaeda personally until we know factually what it is. While speaking of catching things before they happen, facebook cofounder Ceo Mark Zuckerberg has 16 security guards protecting him, according to our sources. He has received threats from disgruntled users but what can he learn from his own situation and apply to his company to protect as Many Americans as possible . Well, im delighted he has the protection, deirdre but what i think he needs to do, facebook and all the other social media people, they need to help the u. S. Government, cia, dod, and fbi to track down the terrorists. They have a lot of information. Terrorists particularly isis and al qaeda are using social Media Networks as their commandandcontrol. It is very important that we have good cooperation with facebook, all of them, face time all the others because we found out recently in the san bernanadino experience that they still can not crack the code, the textmessaging on the iphone 6. And to get the information that will substantiate where others may have been involved. And fbi director comey was talking about that on the hill last week. They should give us that information. We dont need to know their operating systems. We just need to know the information. Deirdre to your point, general, so much outreach is done over social media, a point wellmade. Retired lt. General Tom Mcinerney we thank you always, sir, for the time. Thanks, deirdre. Deirdre new york city senator Chuck Schumer criticizing republicans for planning to block president obamas Supreme Court nomination when it does happen. This kind of obstructionism isnt going to last. You know, we democrats didnt do this. Deirdre schumer did do exactly that in 2007 when george w. Bush was president. We will show it to you. Donald trump calling senator cruz nuts today at a press conference. Trump is threatening to sue senator cruz if he doesnt apologize for lying at saturdays debate. My political power panel reacts after this. Look, this is disturbing pattern now because for a number about weeks ted cruz has just been telling lies. He lied about ben carson in iowa. Of the he lies about, lies about marriage. Lying about all sorts of things. Now he makes things up. You probably are worse than jeb bush. You are the single biggest liar. They say that in life, we shouldnt sweat the small stuff. 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A leaf is a hint that is connected to each person in your family tree. I learned that my ten times great grandmother is George Washingtons aunt. Within a few days i went from knowing almost nothing to holy crow, im related to george washington. This is my cousin george. Discover your story. Start searching for free now at ancestry. Com based on what i learned over last two three days, from very top lawyers, he doesnt even have the right to serve as president or even run as president. He was born in canada. So i will bring that lawsuit if he doesnt apologize. Deirdre donald trump at a press conference earlier today. You heard him threatening to sue senator cruz unless cruz apologizes for lying at debate. Speaking of the debate, here is what happened saturday night. Look this is disturbing pattern now. For a number of weeks ted cruz is telling lies. He lied about ben carson in iowa. He lied about he is lying about marriage. Lying about all sorts of things. Now he is making things up. You are probably worse than jeb bush. You are the single biggest liar. Deirdre here is senator