Transcripts For FOXNEWSW On The Record With Greta Van Suster

FOXNEWSW On The Record With Greta Van Susteren February 25, 2016

Controversy and a louisiana cop threatening thugs. You think men like these arent afraid of an uneducated 125pound punk like you . Caution, you are about to enter the no spin zone. The factor begins right now. Hi, im bill oreilly. Thanks for watching us tonight. Donald trumps populist campaign. That is the subject of this evenings talking points memo. As we predicted. Mr. Easily won the nevada caucus yesterday. Marco rubio second, ted cruz third. For mr. Trump it was another strong showing some in the media saying his nomination is a lock. That is not good news for the Republican Party establishment which does not worthyump as a candidate. One who can defeat Hillary Clinton. But the establishment has been wrongs all along. In the beginning they tried to marginalize trump and now the g. O. P. Poobahs dont know what to do. As for trump himself, as i told you back in august, he is not really a republican guy. Donald trump really isnt a republican. Is he a trumpian. He has no interest in what the grand ole party says. He is a man on a mission, marching to his own beat. And trumps timing is good because this president ial cycle should spell doom for the democratic party. It is so far left most americans are appalled. Now, the cawction donald trump made from the beginning of his campaign is that americans are so fed one career politicians and the direction of the country, they dont care anymore about Party Politics. Thus, trump has run as a populist. Listen to what h;i said last night. We won the evangelicals. We won with young. We won with old. We won with highly educated. We won poorly educated. I love the poorly educated. That was a smart statement because by saying he loves the poorly educated, trump is slapping the elites who many voters dessurprise. Trump realizes he is mobilizes americans who never before took part in the political process. He doesnt care whether you have a ph. D. From harvard. He doesnt care whether you have a degree from the school of hard knox. He hard knocks. He just wants your vote. He is getting plenty of votes more in the campaign than mitt romney did in 2012. Going forward, the contest six days from now will tell the tale. Donald trump is polling well in all of them. In georgia he leads by 12. In massachusetts by 34. In virginia he is up by 6. To this point marco rubio running slightly ahead of ted cruz for second place but still really a tossup between those two. And as long as they are both in the race, and they guide republican votes, trump will remain a solid favorite. In the end, donald trump doesnt care about politics. He doesnt1 parties. He does not care about elites. He does not care about what he says in attacking opponent. He only caress about one thing. Winning. And thats the memo. Now for the top story. Reaction. Joining us from washington, heidi, senator political reporter for u. S. A. Today. Little rock pace, the washington correspondent. Anything missing in my analysis, julie. You hit it on the head whenfn you said super tuesday will tell the tale of this election. Right now donald trump certainly has momentum. He is three straight wins, certainly has given him an edge in the nomination but this is really about delegates. And after super tuesday, i think that we will be able to see how much of a delegate lead he has, if he is able to maintain that momentum. And for rubio and cruz, this test just gets harder and harder. You keep hearing these candidates keep pushing the benchmark back. First we were talking about trump being out oof the race after last summer. Then after november. Then once voting started then we are hearing march 15th is the day we will see rubio rise up. Once he gets through super tuesday, if he is able to pick up this pace, its going to become much more difficult for cruz or rubio to stop him. I understand that only 10 of the republican delegates have been given out so far. So you have got 90 in play. And even though trump has the momentum, he still has got to get more than half of those, so, it looks to me like there isnt what the media is saying its inevident in a lot of the precincts. Its inevitable. It looks to me be stopped but i dont know how. Who is going to stop him . Its almost malpractice to say he is ineffort tillable. Go back to 2012 when mitt romney was on his2 heels. Rick santorum trounced him in a few races and he came back. These races are very fluid. You make a good point. Who is going to that going to be that person. Rubio is rising. Cruz is falling. I think it was devastating that cruz walked out of South Carolina without a single delegate considering that the sec states that follow are supposed to be his strong suit. So, i also dont buy, however, bill, that winnowing this down to a twoman race is necessarily going to whip the support away from trump. No i dont think it would whip the support away from him. But it would give the sole contend more of a chance. So, if kasich and carson go, thats about 10 of the electorate right there. If cruz or rubio go, thats another 20 . Thats in play. Now some of them would go to trump. In play, thats the operative word, right . Because we dont know. These polls arent reflecting whats going to happen, for example, with jebs voters. No. But trump is so he is so definitive, miss pace. He is so definitive. Not a lot of wiggle room with donald trump. Not a lot of undecideds. You either like him or you dont. You cant say i dont know whether i like him or not. If it were a twoman race, juan, do you agree with heidi that cruz got hurt in South Carolina and then he comes in third in nevada. Is on the downside, in your opinion . I think he is in trouble. South carolina was pivotal for him because it was the first test of his strategy which reallyl tough competition with donald trump. If cruz cant win in home state of texas where there is a ton of delegates up for grabs its unclear where he goes from there. Trump is popular in texas his message is he going to make America Great again. He doesnt care about Party Politics is getting people excited. On the front of the elites in the Republican Party, and you are in the washington, d. C. Area, heidi, they are crazed. Mitt romney came out and look, trump has got to put his tax returns out there, because there may be bombshells in there. Mr. Trump has not done that he says he will, but he hasnt done it thus far. And then will get a lot of endorsements for rubio. Rubio seems to be the establishment pick right now. Would you agree with that . Yes, where the donors are going, certainly. And if you look at who is able to assemble the broadest coalition, who can appeal in states both in the south as well as the northeast, who can start to, you know, meet that viability threshold in some of these states and even survive until we get to the point of florida where i think might be the tell tell sign for whether rubio is going to be able to mount any kind of credible challenge if he takes florida. If trump takes florida, i really think its all over at that point. I would agree with that. Okay. And florida is the 15th of march, after a super tuesday. Ladies, thanks very much. We appreciate it next on the rundown, both donald trump and ted cruz believe they can deport illegal aliens who are already settled here in the u. S. A. Were going to take a hard look at the law on that. And later miller on the big apple terrorism im sorry on the apple terrorism controversy. And girl scouts selling cookies to we needed 30 new hires for our call center. Im spending too much time hiring and not enough time in my kitchen. announcer need to hire fast . Go to ziprecruiter. Com and post your job to over 100 of the webs leading job boards with a single click. Then simply select the best candidates from one easy to review list. You put up one post and the next day you have all these candidates. Makes my job a lot easier. announcer over 400,000 businesses have already used ziprecruiter. And now you can use ziprecruiter for free. Go to ziprecruiter. Com offer800 impact segment tonight. Both donald trump and now ted cruz have told us here on the factor they believe as president if they were elected they would be able to round up and deport most of the estimated 12 million illegal aliens currently living in the u. S. A. Not border people. Not people coming across the border. You can send them right back. The question does the constitution allow a roundup like that . Joining us now from berkeley, california, john u who teaches at the universitydbg of California Law school and here in new york city professor of Immigration Law practice at cornell. So, both cruz and trump on on the record saying they believe they can round up illegal aliens who have residence, all right . Can they . They can. As long as they comply with the constitution. The due process clause of the constitution says that you cannot deprive someone of their life, liberty, or property interests without due process of law. That says that applies to all persons in the united states. Not just u. S. Citizens. So what would happen then if President Trump tells his ice officials to go and seek out and go in to peoples homes, take them out, and put them into custody . They can take them into custody. But they cant deport them on the very next day without any kind of hearing before an immigration judge. Procedural due process requires at least three fundamental things. Some kind of hearing before a neutral judge, and an opportunity of notice. Can you gather evidence as to why you should stay in the united states. For example, about 1 of people who are in deportation pro a eajjtj are actually u. S. Citizens. Other people like refugees have a constitutional and an international right to certain protections. So we have sorlt of figure out for each individual what. So there would have to be hearings and i would assume bail. Then if they were taken into custody they would have to be given bail, a chance to get out. Actually not. Its not a criminal proceeding. They could be detained while they are waiting. You could put them in the chrome Detention Center in miami where you could detain them. You could detain them. Do you see it that way professor . I agree. I think the constitutional text says the due process clause applies to all persons in our territory not just citizens. The Supreme Court has said every times that in order to deport someone, an illegal alien has a right to prove its not him, that he doesnt qualify. For example, you were asking mr. Trump a few days ago what if bill omalley had been detained but he is really an american system and mistake. Due process clause requires there be a chance3a has a chance to plain the government has made an error. I dont see how trump and cruz would be able to union unilaterally grab people and throw them out of the country without going through the courts. You both are saying as President Trump and or cruz trump or cruz could order ice, thats the agency that would be involved, to hunt down people that arent in this country find them, they could knock on their door. They can say you have to come with us. You can take them to a Detention Center where they would sit until the judge would hear their case. If they were in the country illegally, then they could deport them. Is that true . Yes. Thats the way the system works right i mean, we dont have, you know, jack booted thugs running around the country breaking into peoples doors. Frightening scenario for people established and have children that they get a knock on the door and then they would be taken to a Detention Center. While they cant kick them out, they can certainly take them out of their daytoday lives, right . And they do that right now. It happens every day. Trump or cruz may do it in a larger way than under the current administration. Currently ice does go door to door and knocks on their doors and hauls people n to detention because they think are deportable because they enteredon illegally. Is that a targeted thing for criminals who are disruptive . Its targeted of thing because the administration doesnt have the resources. No has the resources to do it it for 12 or 11 million. Would the Detention Centers they have to build new ones . There would be a backlog in cases for years and all of that . K÷mj4 p c right now we have about 2255 immigration judges. It current cannily takes over 500 days for someone who is detain to do get before immigration judge. Now . Because they are already so backlogged. A year and a half . A year and a half. If we went to this mass detention and round up of illegal aliens, the backlogs would be even greater. We would have to have a lot more immigration judgessenned a ice agents to find these people. Some americans say look, if thats what it takes, thats what it takes. I believe professor that the courts would get involved then. There would be all kinds of lawsuits to block this on whatever actions. Those would have to be heard probably going up to the Supreme Court, right . Sure, the Supreme Court has decided several previous efforts to increase or ratchet up detention and deportation. I dont think its a good answer because i think on the one hand, you know, make it clear in this book thats u just out enemies nemesis because president obama underreporting and refusing to use the full resources of his department to enforce deportation. But its not answer on the other hand to say we are going to kick everybody out and send people into everybodys homes. Either way you will get Supreme Court cases and Supreme Court challenges on both sides at both extremes. What do you say to the American People who say, you know what . These people shouldnt be here. They broke the law, and now they are being rewarded. They are taking jobs away from us and we dont like it. How do you answer that . Well, i think the president , crz, trump, clinton, sanders, they have to use the full resources that congress provides too, to, you know, try to get the most dangerous ones out first, criminals. People who have been here who might be violent. There is a whole bunch of characteristics set out by statute. If the American People want more people deported then their representatives in congress have to provide more money and more agents to isis. You said they are the only agency that can do it and they are busting at the scenes with all the people they have. I think president obama was . n deporting about 425,000 a year. Its now down to like 280. You could bring it up to 4 lurks and some thousand a year. Thats not close to 12 million people. It would take forever. Gentlemen, thanks very much. We appreciate it it directly ahead had, Hillary Clinton way out in front in urk so. What does Bernie Sanders think about that . He had henry will tell us. Very provocative question. Do do some republicans seem oh remotes, youve had it tough. Watching tvs get sharper, bigger, smugger. And you . Rubbery buttons. Enter the x1 voice remote. Now when someone says. Show me funny movies. Watch discovery. Record this. Voila. Remotes, come out from the cushions, you are back. The x1 voice remote is here. Personal story segment tonight, it will not be much of a contest in South Carolina this saturday as all the polls have Hillary Clinton well out in front of Bernie Sanders. What does this mean for the Sanders Campaign . Joining us now from sumter, South Carolina, he had henry are. Is old bernie depressed . Well, look. What it means is that he is going to lose on saturday. His campaign knows that. The question is it a double digit loss or can he close the gap . But the big point is the pressure is on for Bernie Sanders next tuesday. Its seq n tuesday. There are a bunch of states here down south georgia, arkansas, places like alabama where Hillary Clinton should roll with the africanamerican vote. Where sanders has an opening as he also has vermont, mass mis, minnesota, states like that on super tuesday a lot of people miss that its not just in the south on super tuesday. But sanders has to come up with some victories. Otherwise, finishing a close second is just simply not going to cut it for him anymore. All right. So the sanders, you would assume that he will be campaigning in the northern states. Is there any Southern State that he is close in the local polling . Anything that you know of . Yeah, on those super tuesday states, yes, is he close. Places like massachusetts, minnesota. He is very hopeful about colorado, for example. Another super tuesday state. And a swing state in the general election. If he can beat clinton there, it would show and prove the point he has been trying to make that he can have really strong turnout from the left in a general election to beat republicans there are a lot of democrats skeptical of that that a socialist can actually win a general election. Thats one of his problems. And number two, he simply did not get that kind of strong turnout in nevada, for example, last weekend. He didnt get the students out. He just simply. But it was pretty close though. He didnt get the organizational structure. Wasnt it pretty close there . It was like three points. Five points. Look, the advantage he has is that unlike the republicans, democrats have proportional delegates. So, its not winner take all. So Hillary Clinton can keep winning. Doesnt mean she gets all the delegates. He keeps collecting delegates. He can be a nuisance. But the point is if you are not winning these states you are not going to. take command. It might take longer than Hillary Clinton wanted but she can still grind it out. She has a big edge with super delegates, party bosses who have their own votes. She has a big advantage there. Super delegates i want to explain to everybody they are folkst who it doesnt matter votes in the state. Super delegate in alabama, and alabama goesi] for hillary you could still vote for Bernie Sanders if you wanted to. There are more on the democrat

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