Transcripts For CNNW Situation Room With Wolf Blitzer 201602

Questioning cruzs faith. Trump is even threatening to sue the texas senator. Bush brothers rally. George w. Bush campaigning publicly tonight for the First Time Since leaving office. The former president taking the stage in a state that helped propel him to the oval office with just five days to go before a critical primary. Can he lock up South Carolina for his brother, jeb . Isis attack inevitable. A chilling new warning from the head of the cia saying he believes that terrorists will try to strike inside the United States. Officials now on heightened alert. With isis and its sympathizers now known to be communicating using encrypted messages, is a terror plot against the u. S. In the works right now. Im wolf blitzer, youre in the situation room. Were following the breaking news. President obama moving ahead with a nomination to replace the Late Supreme Court Justice Antonin Scalia who died in his sleep over the weekend. Weve just heard from a white house spokesman who says the president is talking with his senior team and his aides have been in touch with members of congress from both sides of the aisle. The white house insisting there are, quote, no exceptions for a Supreme Court nomination in an Election Year as a growing number of gop lawmakers now say theyll block any effort to fill scalias seat this year. Were also following the fierce fighting between republican president ial rivals donald trump and ted cruz. The frontrunner, donald trump, now calling cruz unstable, unhinged and the most dishonest politician trump says hes ever met. And first on cnn. Weve just learned the Cruz Campaign will have a new ad debuting any time now. Sources tell us its a direct response to trumps allegations. And were also standing by for george w. Bush to speak at a rally for his brother, jeb. This marks the first time the former president has campaigned publicly for anyone since he left office eight years ago. The Jeb Bush Campaign hoping South Carolina voters can be swayed to support their candidate as they did as they did george w. Bush who won the states primary in his first campaign. Were covering all of that and much more this hour with our correspondents, our expert analysts and our guests. Theyre all standing by. Lets begin with the escalating partisan fight left by the death of antonin scalia. Michelle k kosinski is with us. Reporter we know the president has been in touch with his team on this and theres been some preliminary white house reachout to congressional offices, both democrats and republicans. At the same time, though, the white house just minutes ago here blasted republicans for stonewalling, saying the constitution tells us what to do in this situation and its iron clad. This is clearly shaping up to be the president s last big battle with congress and the outcome will shape both politics and the legal landscape in this country for decades. The white house today now leveling its own blows at republicans in the deep political standoff that started only hours after Justice Antonin Scalias death. This is a Republican Congress that has a lot of practice saying no. This is not the first time republicans have come out with a lot of bluster only to have reality sink in. Reporter president obama vows to fill that Supreme Court seat by constitutional duty. 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. These are responsibilities that i take seriously, as should everyone. They are bigger than any one party. They are about our democracy. Reporter but a Defiant Senate majority leader, Mitch Mcconnell, seems unwilling to budge. The American People should have a voice. This vacancy should not be filled until we have a new president. Tonight we honor his Extraordinary Service to our nation. Reporter white house officials are now discussing the process for vetting the president s potential picks. Names circulating include federal judges. Some senators, even attorney general loretta lynch, who was approved by the senate last year, but only after a record monthslong delay. Senator Claire Mccaskill calling it then base politics at its ugliest. Reporter but this fight could be worse, with so much at stake. Were one justice away from a radical fivejustice liberal majority. Reporter ted cruz bringing it to the campaign trail. Life, marriage, religious liberty, the second amendment. Were just one Supreme Court justice away from losing them all. Reporter on past Supreme Court choices, the president has often mentioned an element of compassion. The judge who is sympathetic enough to those who are on the outside, those who are vulnerable. Reporter now, though, politics will be pivotal. Does the president choose someone very moderate whom republicans will feel great pressure to at least bring to a vote, criticism if they dont, or liberal to rally democrats, potentially sending more voters to the polls in november. I believe that many of the mainstream republicans, when the president nominates a mainstream nominee, will not want to follow Mitch Mcconnell over the cliff. If the Republican Leadership refuses to even hold a hearing, i think that is going to guarantee they lose control of the senate because i dont think the American People will stand for that. Reporter so the timeline, theres going to have to be vetting, interviews, the president will want to speak to the finalists. The white house is indicating it could take up to a month to name a nominee as it has in the past. Wolf. While the battle unfolds, the high courts business continues with the remaining eight justices, four conservatives, four liberals. Pamela brown, how will the u. S. Supreme court move forward with only eight members. Wolf, the Supreme Court will continue to hear oral arguments and vote on cases, but scalias death causes a monumental shift on the court. Without scalia on the bench the eight remaining justices could find themselves in a 44 split in their decision. If that happens, either they could decide to delay the decision until a new justice is named and the case would have to be reargued or the 44 tie would mean a lower courts ruling is upheld which could mean big losses for the Obama Administration on some big cases. Certainly could. What cases might this particularly impact . It could have a big impact on dozens of cases, particularly the immigration case and the texas Abortion Case that limits access to abortion clinics in the state. The lower courts ruled against the government in both of these cases so if theres a 44 tie, no Supreme Court precedent is set and the lower courts ruling stands, which is big losses for baurjs especially on his signature immigration policy. In the affirmative action case, Justice Kagan recused herself so a tie would not be an issue for that one, wolf. Thanks very much, pamela. Lets get more on all of this. Joining us, jamie gangel, our senior political reporter manu raju and Jeffrey Toobin. Jamie, the gop has a risk if they get too tough and simply avoid any hearings and simply avoid doing anything, just delay, delay, delay. First of all, theres just the point of seeming to be completely lying in the sand, not willing to compromise. But heres something. What if the next president is Hillary Clinton or Bernie Sanders . Will they be any happier with that appointment than now . They had an opportunity here, maybe i am being a cockeyed optimist to pressure the white house into perhaps coming up with a candidate that would be more palatable to them. Theyre not even giving that the chance with this kind of rhetoric. Most people are working, manu, and you know the hill well, on the assumption that the rips would use the filibuster to prevent even a final vote, if you will, an up or down simple majority. That means you need 60 votes. The democrats have 46. So they would need 14 more which right now seems highly, highly unlikely. Its a pretty heavy lift if you look at the moderates. The few moderates in the republican conference. The democrats dont have many choices to go to. You have the members who are up for reelection in some of these key blue and purple states who are uncertain about what they will do, although several of them are siding with Mitch Mcconnell saying we should wait until the next congress before moving forward on a potential nominee. But, wolf, i was speaking to Senate Democrats who are actually urging president obama to name a Supreme Court Justice Nominee who would actually put republicans in a difficult political spot. If theres a consensus nominee or mainstream nominee in their view, it will be much harder for rips to stand in their way. That may be wishful thinking. I also spoke with Lindsey Graham who voted for two of the president s nominees in his term and he said it would be very difficult to support any nominee, no matter what, given the stakes, given the Election Year circumstances and given the fact that he believes obama and the democrats poisoned the well by changing filibuster rules just a couple of years ago. Jeffrey, youre an expert on the Supreme Court. What are you expecting the president to do . When will he presumably nominate someone and what are some of the names youre hearing . I think he will definitely nominate someone in the next month or so and put me down as believing jamie is a cockeyed optimist. I dont think there is any chance that the senate will act on this seat. Its too big a gift to the Obama Administration. To change this court from a majority republican to majority democrat nominees, its something this senate and Republican Party isnt going to do, even if its a nominee like Sri Srinivasan confirmed unanimously, jane kelly confirmed unanimously, paul watford confirmed with bipartisan support, i think of them will be rejected because the republicans will reject everybody. Even though theyre highly respected and almost unanimously approved in their earlier confirmation process . Absolutely. This is too important to the base of the Republican Party to give this seat to barack obama, no matter who he appoints. Do you agree with that . I always agree with what Jeffrey Toobin says. But i do think there are some risks here. Who is going to be the next president . You know, one of the ironies here is in january. And i think, wolf, you asked Hillary Clinton would she ever consider appointing barack obama to the Supreme Court. And she said yes. And she said yes, what a great idea. Some republicans dont believe theres actually a political advantage in this too because they could rally the base by making this an issue going into an Election Year, particularly if the top of the ticket starts tanking in these senate races, they could say the senate is the firewall, reelect a Senate Majority and week prevent a liberal justice from getting to the Supreme Court. But the question is are there enough moderate republicans like susan collin, who might at least be open to the idea of approving someone who is considered reasonable, moderate, if you will. There may be some but im not sure if theres enough. Susan collins issued a statement that saying this is hypothetical, lets wait and see who the nominee is. So this debate will change once there actually is a nominee. Stand by guys, we have a lot more coming up. Were also awaiting the former president of the United States, george w. Bush. Hes going to be attending a rally for his brother, jeb bush. The first time the former president is actually going on the campaign trail since leaving office. Well have live coverage of that. Youll want to hear it and see it right here in the situation room. Yo, some people think it dont make sense that im a horse whisperer. Fancy prance, yo but you know what else dont make sense . Bai. I mean its good for you, but still somehow tastes amazing. Sideways fancy prance, ya heard yeahhhh. Clippity clop. Clippity clop. Yo, i just whispererd all of yall too easy. Vo bai. 5 calories, antioxidants and taste amazing . None of this makes sense. Youre down with crestor. Alright now theres a way you can get crestor for 3. Adding crestor, along with diet, lowers bad cholesterol. Crestor is not for people with liver disease, or women who are nursing,pregnant, or may become pregnant. Tell your doctor all medicines you take. Call your doctor if you have muscle pain or weakness; feel unusually tired; have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. These could be signs of serious side effects. Ask for the crestor 3 card. Ask your doctor about crestor. Digestive core. R so choose ultimate flora by renewlife. It has 30 billion probiotic cultures. Feel lighter and more energized. Ultimate flora. More power to your gut. Were standing by to hear from former president george w. Bush whos courting South Carolina voters for his brother, jeb bush. Its the first time the former president is public lly campaigning for anyone since leaving office. Also the republican frontrunner donald trump is dramatically upping his attacks on both of the bushes as well as his republican rivals. Jim acosta is in South Carolina for us tonight. Jim, this all comes just, what, five days before the South Carolina primary. Jeb bush has a lot at stake right now. Reporter absolutely. And a lot for donald trump as well, wolf. Donald trump is not backing down from his comments on the bush family. He is doubling down, confident there wont be any damage to his campaign down here in South Carolina. But trump is also fighting a battle with ted cruz that is just as explosive. Trump calling cruz today a liar and unstable. The first shots were fired in South Carolina in the civil war that will shape the future of the Republican Party. In his battle against jeb bush, donald trump is blasting away. His brother is coming into town, which is, of course, lovely. Ever wonder why his brother will silent all these years . No bad blood. At a News Conference trump insisted theres no bad blood between him and the bush family and offered a new reason for the iraq war. Saddam hussein was a bad guy. You want to become a terrorist . You go iraq. But trump got defensive when asked exactly when he was quoted as being against the war. I said many things for a long time but i wasnt a politician, so im not getting pub lisllici. I said for a long time dont go into the war, dont go into the war. Reporter trumps allout assault against bush drew loud boos. They lied. There were no weapons of mass destruction. Reporter the Fiery Exchange then took a jawdropping turn when trump suggested the former president is responsible for the attacks on 9 11. I am sick and tired of him going after my family. The World Trade Center came down during his brothers reign. Reporter marco rubio, whos clashed with jeb bush, came to george w. Bushs defense. The World Trade Center came down because bill clinton didnt kill Osama Bin Laden when he had the chance to kill him. Reporter jeb bush, whos campaigning today with his brother, the former president , told state of the union hes had enough. I do think that he would not be the proper nominee for our party. Reporter as the probush super pac is piling on with negative ads. Look past the boasting and youll see right through him. Reporter ted cruz is seizing on a different moment from saturdays debate on abortion. Said planned parenthood does wonderful things. It does do wonderful things but not as it relates to abortion. Reporter after the death of Supreme Court Justice Scalia im very prochoice. Donald trump, if he were president , would appoint liberals to the court. We know this for a fact. Why . Because donald has been a liberal his entire adult life. Reporter trump once again called cruz a liar and threatened to sue. I think hes an unstable person. I watch him and see him. Hes a good debater but cant talk. Were not in grade school where you get to say liar, liar, pants on fire and not respond to the substance. Reporter now, trump is also firing off on all of those boos he received at the gop debate, arguing they are proof the Republican Party was stacking the audience saturday night with supporters of the other candidates. Trump suggested that would be a violation of his agreement w