out with what judge garland said himself today in the rose garden with president obama. he said a judge must be faithful to the constitution. >> he or she must put aside their personal views or preferences and follow the law, not make it. fidelity to the constitution and the law has been the corner stone of my professional life. it's the halmark of the kind of judge i have tried to be for the past 18 years. >> conservative legal scholars say president obama would only nominate someone he trusted to join the four liberal justices currently on the supreme court. >> there's no way this president would nominate someone to the supreme court who he wasn't confident of in joining the four liberal judges we have to make an unavailable five justice majority for just a laundry list of items. >> conservatives say a particular concern of garland's rulings on a second amendment and expansive view of branch power. one of those key cases are coming up to the supreme court. >> what are the odds judge garland's nomination goes anywhere. >> as you know, g.o.p. senators continue to stand firm not to move forward. president obama says they are playing election year politics. that's the very thing mitch mcconnell is accusing the white house of doing. >> it seems clear that president obama made this nomination not with the intent of being the nominee confirmed but in order to po lit size it for purposes of the election. >> all right. something interesting here. at least three g.o.p. senators are now indicating they will be open to take a meeting or have a conversation with judge garland. it doesn't mean they're going to vote for him. it leads to a chat if nothing else. >> thank you. for more let's bring in dr. ben carson, former 2016 presidential candidate who now endorses dond trump. what do you think of this pick by president obama? >> well, i personally believe that we're close enough to the election coming up in november that this be something that the people decide. it has been po lit sized and we want to keep from po lit sizing it further. when the shoe was on the other foot vice president biden and senator was saying opposite of the things they are saying now. obviously, it has become political and the way to diffuse it is let the people make the choice. >> the thing is some people believe this is a calculated move by president obama because it will be difficult for republicans to argue against somebody who is a moderate. >> well, it's not a matter of whether they're a liberal, moderate or conservative. the principal is that in the last year of presidency, this is going to be highly po lit sized, so why not just abort the whole thing as the democrats have advocated and as the republicans are now advocating and as anybody would advocate in that situation. why try to act like this is a new situation. >> so you recently endorsed donald trump. i would love to get your comments about mr. trump and what he said this morning about foreign policy and who he's consulting for guidance. listen to this. >> i'm speaking with myself, number one because i have a very good brain and i've said a lot of things. i know what i'm doing and i listen the a lot of people. i talk to a lot of people and at the appropriate time i'll tell you who the people are. i have a good instinct for this. >> what do you make of that? do you think that donald trump himself has enough experience in that area? >> i'm not sure any one person has enough experience but i do know from talking to him that he will rely upon the experts in the area. >> you can take that to the bank. no way he's making an offhand decision himself. >> finally, i want to get to your thoughts about the resent comments you made about the reasoning behind donald trump. you eluded to the fact you may have preferred a different can datd but the scenario wasn't available to you. you said maybe you would have backed another candidate. are you regretting endorsing donald trump? >> no. if you heard the whole context in which i was talking, the person i was referring to as my preferred candidate was me, it wasn't somebody else. and i think of the choices that we have right now he is by far the best and the most likely to win. i don't see a path for kasich. rubio dropped out. senator cruz who i like happens to be somebody who doesn't have a great deal of appeal to people in the middle of the road or people on the side. >> donald trump, when you endorsed him you said you had a great mind for your education and maybe a path you would have with him in a trump administration. has he promised you any kind of job in administration? >> i'm not looking for a job. didn't ask for a job. we didn't discuss that. we did discuss the fact we're both extremely interested in saving this country particularly for the next generation and we're willing to work together in order to do that. i have no desire for title or position. i have a great desire to save this country for the next generation. >> all right. dr. ben carson, great to get your thoughts. thank you, sir. tuesday's races in missouri still no official winner in the state's primary for either party. the numbers right now indicating donald trump and hillary clinton was the slight edge. joleen has more on the numbers and issues with the voters numbers. >> here's what we know about how people voted on both sides. first in the republican race cruz had the advantage among late deciders. 51% going for the senator while 53% went for trump. trump and cruz basically tied at 38% here. this is a neck and neck race as you can see. when it comes to the economy. many republican voters in missouri say they're very worried and of those, trump wins 45% of support while cruz gets 40%. meanwhile, 52% of voters believe hillary clinton will make a better commander and chief compared to bernie sanders. when it comes to trustworthiness sanders beats clinton. taz for the big win or take all states last night, ohio and florida, i want to show you why kasich and trump emerged victorious. 27% went for trump and this helped him out big time because kasich won early and women and every single age group. if you're wondering why florida didn't go rubio's way? 60% of voters feel betrayed by politicians in the republican party and as those people, 63% of them supported trump and 19% voted for rubio. hillary clinton also won the florida primary with majority support from african americans, hispanic women and people above the age of 30. >> thanks so much for the break down. brand new developments surrounding the man who rushed the stage at a donald trump rally in ohio over the weekend. the feds now charging him with one count of knowingly entering restricted grounds. he was taken into custodies by secret service angts and charged with disorderly conduct. his attorney says his client was only try to assert a political viewpoint. it was a scream heard around the world. >> and we're going to washington d.c. to take back the white house. >> howard dean's primal yelp marked the beginning of the end of his presidential campaign. now we have this. >> more good jobs and infrastructure. more good jobs in manufactures. >> here's my question for you. is it fair to compare how hillary clinton talks on the trail? plus donald trump delivering a stark warning about riots at a contested convention. our political panel going to weigh in on that coming up. >> they're not angry people but they want to see the country properly run. they want to see boarders and good health care and things properly taken care of. they want our military rebuilt. you totaled your brand new car. nobody's hurt, but there will still be pain. it comes when your insurance company says they'll only pay three quarters of what it takes to replace it. what are you supposed to do? drive three quarters of a car? now if you had liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. 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more. welcome back to the real story. belgian authorities say the gunman killed in tuesday's raid was a 35-year-old algerian national. the raid linked to an investigation into the deadly sharon ter terror attack in november. two others are in custody and belgian officials say they found an isis flag inside the apartment. donald trump getting closer to the nomination, with governor kasich in his home state of ohio. there's more talk of an open convention now. trump predicting chaos if he doesn't win the nominee. >> i think we'll win before getting to the convention but i can tell you if we didn't and if we're 20 votes short or if we're at 1,100 and someone's 400 or 500 because we're way ahead of everybody, i don't think you can see we don't get it automatically. i think you would have riots. >> in the meantime, president obama said trump's destructive language is damaging the country's reputation. >> we have heard vulgar language aimed toward women. this is also about the american brand. who are we and how are we perceived around the world? why would we want to see that brand tarnished? >> time to debate. with trump saying there's riots and somebody else is pretty far behind, will there be riots? >> it might be a strong term. if he comes in and he's the front runner in terms of delega delegates and they come in and try to strip him, there will certainly be pandemonium and chaos. there will be rioting outside. i will hope there won't be rioting outside but certainly chaos. >> chris, i think i need to shoot you some video. i'm talking about some of the supporters in north carolina. let's move on. when look at, when we listen to the word riot, although it is a strong word and i agree with chris there, i fear that's what else that's what will happen and i fear donald trump speaking to his supporters. >> i want you to listen to donald trump and ted cruz at a resent event and tell me how you would characterize their volume of their speech. listen to this. >> vote for trump. i promise you i'm going to do such a great job. you'll look back two years from now, 10 years from now and 20 years from now and say that's the single greatest vote i've ever cast who stands and fights for freedom and fights for the constitution and who stands and fights for the christian values that built this great nation. >> is that shouting? >> that's speaking assertively. there's crowd noise. politicians have been doing that for a time. some people's voices are more annoying than others. >> let's listen now to hillary clinton last night. >> and if we work together, if we go forward in this campaign, if we win in november, i know our future will be brighter tomorrow than yesterday. thank you all so very much. >> last night after hillary clinton gave that speech, there were a lot of male pund nts who came out and said she should start shouting. nobody seems to say that about the male candidates. lesley. >> you're right on there, gretchen. men were saying this and i think chris is on to something. it's clear she's losing her voice. i have to say, gretchen, i have actually been told by former bosses sometimes when you get passionate you sound shrill. i'm like how come the guys on the stage can yell. i think people perceive and it's sexist when a woman is being passionate and shouting as a man and i think all these were shouting rightly so, they were excited and they're campaigning to be president of this country but i think it's perceived more negatively when it comes from a woman's mouth. >> i heard a lousy excuse this morning on the radio. men were use to hearing their moms yell at them because they're the primary disciplinarians in the family so they don't like to hear it later on in life. anyway. let's talk to bernie sanders. >> what this campaign is about again thinking outside the status quo. you do not have to accept the status quo. we can do better. >> chris, it sounds like yelling to me. >> he sounds annoying. there's a difference. hillary clinton, i grew up on the north shore of chicago. she has that mid-western accent that sits in. >> i get a lot of comments from viewers when i laugh. i wonder if men get those comments. >> it's the one god gave me. i can't change it. a 21-year-old american tourist facing time in europe for stealing a political sign. plus one woman taking on the government to save her pet gator named ram bow. there's ram bow. we'll tell you why that's going on and that brings us to the question of the day. what's the strangest pet you've ever had? tweet me @gretchencarlson and use the #letmeknow we asked a group of young people when they thought they should start saving for retirement. then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges. unless you have allergies., then your eyes may see it differently. only flonase is approved to relieve both itchy, watery eyes and congestion. no other nasal allergy spray can say that. when we breathe in allergens our bodies react by over producing six key inflammatory substances that cause our symptoms. most allergy pills only control one substance. flonase controls six. and six is greater than one. complete allergy relief or incomplete. let your eyes decide. flonase. 6>1 changes everything. . welcome back to the real story. an american student just prisoned for quote subversion. this just weeks after he was presented to the media confessing he tried to steal a propaganda banner. >> gretchen. this has been a complete sham of a trial at a time the country is threatening pushing america and several other countries in so many directions. 21-year-old university of virginia student was paraded in front of cameras after being sentenced to 15 years of hard labor. the trial lasted just one hour. during sentencing he pleaded with the court. >> can you save my life? can you think of my family? >> it's unknown where he'll be taken. 200,000 people are held in them and they've told how they torture and abuse the teens. he tried to leave the country following a vacation. a couple of weeks ago he told the reporters he wanted the banner as a trophy and now called it the worst mistake of his life. he visited the country in 2009 to help secure the release of other americans. right now, relations between north america and korea are at an all time low. some new polls show how close the race could be. president obama taking the -- >> in all honesty, i would like to see one person come to this floor and say one reason why mary garland doesn't deserve this position. it's been almost a year. >> that man, senator, will join me live next to draets aaddress that. ♪ the roles you play in life are part of what make you, you. and you're not going to let anything keep you sidelined. that's why you drink ensure with nutritious calories, 9 grams of protein and 26 vitamins and minerals. come on grandma! giving you the strength and energy to get back to doing... what you love. from the #1 doctr recommended bran. ensure. always stay you. every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. bottom of the hour, more politics for you now. hillary clinton moving closer to the nomination with 65% of the delegates after yesterday's sweeping victory. resend polling results shows some as a rule nur blts as we move forward. still live in miami, we're all jealous. priority number one, first you have to win the nomination, right. >> she does. last night she went a long way to getting there. almost 65% of the delegates already locked up for this nomination and what we saw last night is bernie sanders was in arizona trying to look ahead to one of the next big prizes for democrats and speaking as if clinton was mentioning sanders and immediately pivoting from sanders and going after donald trump. watch. >> the reason we have done as well as we have and defied all expectations is that we are doing something very radical in american politics. we're telling the truth. >> interesting, a new poll out from pennsylvania suggesting a general election in that state. it could be very close clinton against trump. 43-35 clinton leading but see that close. interesting, sanders beating trump by more. 49% to 37%. he's been out here, bernie sanders making that case but democrats clearly in these primary votes are not convinced he's the better election nominee even though he does better against trump. gretch gretchen. >> right. ed henry live in florida, thank you very much. >> we get to do a lot of legal stuff. it makes me a little qualified to talk about this. >> let's talk about this nominee. calculated move by obama because you're picking somebody whose moderate and can swing to the right at least on crime and punishment, right. >> first of all, he's the chief judge of the court of appeals to the district of columbia. >> that's like the minor league into the major league and he's the chief. he also, his qualifications are superior. at harvard, he's so well liked by his colleagues. it's going to be hard with a straight face for people to think he's not qualified. he had the experience. he was in private practice, a partner and law firm for six years. he really has the type of world experience and intellectual experience on the court to really make it hard with a straight face and say no, this is not a person qualified. >> some democrats won't like him because he's not liberal enough. i'll go back to michael cue lated move. however, there are some rulings that republicans won't like at all like on gun control. >> yes, it seems that was the one place where he showed his cards a little bit was on gun control and he allowed, i believe, it was one district of columbia to have more gun regulations. there are other decisions where everyone's trying to read it right now. the analogy i made for us, constitutional supreme court al bracket in the final four kind of thing. we're all trying to figure things out and looking at things. the overwhelming verdict on him is he's a nice guy and a well-liked person and that matters on the united states supreme court in terms of farming alliances. the justices do kind of politic each other. i mean, his mentor justice brennan was famous for that. >> what you're forgetting is that the republicans are not looking at it as far as what a nice guy he is. they're looking at it as the politicalization and what this will do for the country. >> they're saying we're not going to vote on this and i don't think that's what the constitution was meant to say. i don't think that's what thomas jefferson was thinking. he was thinking when there's a vacancy, someone has to fill it. >> we're going to talk to one of those politicians coming up in a few minutes. also happening in d.c., they're in the middle of an unprecedented shut down. a close at midnight promped by a series of electrical fires and 700,000 people now forced to look for other transportation options today. >> i found out yesterday evening actually. >> i had to call my boss and let him noah make it and go back home. the nation's second businessiest transit system reopens. >> weighing in on president obama's supreme court nominee. also john kasich's win in ohio raising the possibilities of an open convention. does kasich have the money and support to go all the way. plus the primary results in a new survey asking our troops who they want the see as the next commander in chief. montel williams going to give his take on all that 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(team sing) ♪safelite repair, safelite replace.♪ word of a major meeting tomorrow of donald trump's political enemies aimed at stopping the g.o.p. front runner. the plan to push for a third party candidate but with trump winning all over the map, is it just too little too late? we'll speak with a former political director for president reagan. that coming up when shepard smith begins in 20 minutes. >> back on the real story now. g.o.p. presidential candidate governor john kasich riding high after a win in his home state of ohio last night telling reporters he's going all the way and securing the republican nomination. the map doesn't seem to be on his mind. right now he has 142 delegates. it takes 1237 to clinch the nomination. with 1,073 yet to be chosen. that means kasich would need to win more than 100% of them. joining me now montel williams. montel, great to see you again. thanks for being on the real story. thank you. >> so you know as a kasich supporter you were thrilled with the ohio outcome. i want to read with you from the national review today, they talk about kasich and his past nomination being an error and that he can win a sufficient number of delegates on a subsequent ballot to grab the nomination. is that what you're thinking? >> we know that now the convention is going to be one where you call it contested, brok brokered, whichever way you want to put it. i don't believe trump has the possibility to get the golden number. i think john should stay in and governor kasich should stay in and fight the good fight. i think what you're seeing, especially in ohio, you saw democratic voters say they weren't happen we with the democratic side and voting on the republican side. some of them were saying they were going to pick kasich. i think the jury is out. i heard today the cruz camp is saying kasich is now proven to be a friend of hillarys. it is absolutely absurd. there's zero chance for cruz to do well less than the mississippi. i think we ought to keep an eye on the prize and see what happens when we get to the convention. >> no doubt kasich is the most moderate now. let me ask you this. do you believe john kasich should change the way he conduct himself thus far. he eluded yesterday he may have to go a little bit negative about donald trump. what do you think he should do? >> maybe i'm the only one out here in the whole country trying to see if we can remind all of us when this is all said and done in november we still have to be in america. whether or not we're in america, there are people right now getting 30% of their party's vote which would be less than 12% of the national vote. we have to remember we have to come together. one of the ways governor kasich is going to accomplish the holding others accountable doesn't have to be in some dog fight brawl we want have as part of reality tv. he can make his points as clearly as he's making them in the eyes of the pennsylvania voters and the ohio voters. let's see what happens when he gets out to western mississippi. there's a lot going to happen here. >> very interesting. you'll have to fill me in. are you going to be a delegate? >> i don't know about that but i'll have a big mouth and you're going to hear it. >> okay. you were also a former member of the military. i want you to check out this survey. donald trump followed by senator bernie sanders are the troops top choices to be next commander in chief. are you surprised at that? >> let me say something. people have to understand this survey has zero credibility because you can't figure out the margins or error. let's look at it on the surface. the highest numbers donald trump got was 30% of people that said they were supported. what's so troubling is there's a large% aj of those military officers and personnel who say they could not stomach him being the commander in chief. multiples stated they would resign their commissions and resign from service upon his swearing in. so how disruptive is that going to be at the end of the day and let's remember again, gretchen, right now, mr. trump can claim he's got 40% of the republican vote in these primaries but that's really less than 15% of the national population. let's see what happens when the rubber meets the road. look, i respect our military service members. they can pick and choose anybody they want. every one of them have a right to do so. i think what they have to remember is when you look at the people playing in the playing field, remember while john mccain was in a p.o.w. camp holdihol holdihol holding down the truth of what democracy is about donald trump was chasing skirts in new york city and he asked for, look, i had him on and interviewed him for an hour on the montel williams show. >> i hear you. okay. all right. >> let's make sure you make that point. he also got a deferment. that meant 30-40 years ago he didn't want to serve. why would i want him to be our commander in chief right now? >> you're entitled to your opinion and said you're going to keep talking about it for john kasich. we appreciate you being here. >> thank you, gretchen. >> time for my take. since 1880, there's been eight of them. 1880, james garfield ends up winning. 1884 james -- 1916 charls hughes. 1920 warren harding. 1940 wen dal wilkey and 1948 thomas dewy. here's the interesting facts for john kasich and ted cruz. five of the eight contests ended with a candidate not leading going into the delegate convention. this is why john kasich and ted cruz are staying in the race. 2016 could become the g.o.p. contestant convention. president obama making his supreme court nomination today and we're going to talk live. what's going to happen next in the senate show down? hear it from the senator next. from the moment they wake up, doers don't stop. every day is a chance to do something great. and for the ones they love, they'd do anything. sears optical has glasses made for doing. right now, buy one pair and get another free. quality eyewear for doers. sears optical. >> i am going to get to that in a minute. i want to direct your attention back to a quote from may of 2010 when there was another opening on the supreme court, and you called garland a consensus nominee, asked if he would win senate confirmation, you said no question, i have no doubts that garland would get a lot of senate votes and i will do my best to help him get them. so you, in fact, were in favor of him for a supreme court spot. >> that was back then, he may have been a consensus nominee back then. i am not sure anybody will be a consensus nominee today. look, wait a minute, i intend to be fair to whoever it is, but that's not the issue, it is not the person, it is the system. we're in the middle of a major toxic presidential campaign and i don't want to see the supreme court dragged through the mud and i don't want to see the supreme court mistreated, and frankly it is inevitable for that to happen under these circumstances, and ts, keep in have senator biden, senator leahy, senator -- trying to think of some of the others that were there, but a number of the democratic senators were just the opposite when they were in this situation. >> right. >> and they were the opposite because they didn't want a republican. i don't particularly care -- >> we're not fooling anybody. republicans and democrats do the same thing. >> no, they don't, no, they don't. no, they don't. >> they put up the same argument. >> let me get it clear. republicans would have a very difficult time getting anybody through for the supreme court because the democrats would not allow them. and the republicans are not that way. until the bob bork case, the fiasco that the democrats smeared him and smeared clarence thomas, that's what caused this toxicity. you can't blame the republicans for that. >> you're doing it now. you're saying no matter who obama would put up, the president would put up, that now it is not an ideological thing about the person, it doesn't matter if they're moderate, far left or even conservative, it is about the timing of it all. >> well, that's right. in other words we are in one of the most difficult, toxic ridiculous presidential races in history. people are fighting on every little issue. i just don't believe we should drag the court into this particular process. and at this time. now there's a time we can do this, and there's nothing in the constitution that says that republicans can't choose a better time than this. >> it does say the president needs to put somebody forward, but you're correct about that. to let viewers know, some, several gop senators expressed interest in at least meeting with garland. so we will see how that plays out. senator orrin hatch. thank you so much. i have to wrap it there. up against a hard break. sorry. thank you so much, senator. popular pawn star show side kick facing a slew of gun charges. what they found when chum lee opened a secret vault in his home. staying in rhythm... it's how i try to live... how i stay active. so i need nutrition... that won't weigh me down. for the nutrition you want without the calories you don't... try boost® 100 calories. each delicious snack size drink gives you... 25 vitamins and minerals and 10 grams of protein. so it's big in nutrition and small in calories. i'm not about to swim in the slow lane. stay strong. stay active with boost®. reality tv star austin russell from "pawn stars" arrested on drugs and weapons charges during a sexual assault investigation. trace gallagher is live with what was found in the house. >> chumlee russell hasn't been charged with a sex crime because the investigation is on-going, but now faces a lengthy list of drug and weapons charges. police say there were so many drugs and drug paraphernalia in the house, they believe he is not just a user but a drug dealer. they found large amounts of marijuana, drug pipes, plastic bag east, drug rest due, rolled up dollar bill, digital scales used to weigh out drugs. in a secret safe in the home, police discovered at least a dozen weapons, including handguns, revolvers, rifles, some loaded, only a handful registered to austin chumlee russell. the police report notes chumlee's home has a chum chum room with a dance pole. it is unclear what goes on in the chum chum room. mr. russell is an employee of the gold and silver pawn shop in vegas and has become a fan favorite on the history channel show "pawn stars." so far, the history channel hasn't commented and chumlee's lawyers say they won't fight this case in the court of public opinion, saying we will be analyzing what was allegedly found and whether the alleged seizure was lawful in a courtroom, not in the media. police also seized bedding and clothing from the home as part of the sexual assault allegation. chumlee russell is out on $62,000 bail. gretchen? >> okay, sounds like some interesting stuff they found there, right? >> right. >> you're going to leave it there. okay. >> well, hard break. they keep wrapping me. >> a likely excuse, trace. i'll let you off the hook today. have a great day, thanks. all right. thanks for being part of the real story today. i promised i was going to show you voting pictures, so many cute ones, lots of babies. hope to get to them tomorrow. have a great day. it is 3:00 on the east coast, noon on the west coast. and hello, cleveland. hope you're ready for tension at the convention. donald trump threatening riots if he's not the nominee. and even after donald trump knocked out marco rubio and picked up delegates, he has a tough road to the republican convention. ahead, what trump needs to pull off to lock it down. and what john kasich and ted cruz need to do if they want a shot at stopping the trump train. plus, reports some conservative leaders are set to gather tomorrow to take on donald trump. is a third party candidate a real option? or would it make things easier for the democrats and their