tv Outnumbered FOX News March 21, 2016 9:00am-10:01am PDT
>> heather and i back in an hour. now "outnumbered." >> this is "outnumbered." i'm andrea tantaros. we have harris faulkner, host of "kennedy" on fbn, kennedy. host of "after the bell" on fbn, melissa francis. we welcome back to the couch fox news senior judicial analyst, judge andrew napolitano. andrea: you're outnumbered and happily outnumbed. >> who could say no to this?
andrea: big sit-down in washington today. donald trump meeting with as many as two republican lawmakers before he addresses aipac, the influential pro-israel lobbying group. according to "the washington post" the meeting focuses on party unity an intended to help trump meet elected leaders and other players in the party including those who have not endorsed him. all this as "the new york times" say members of the gop establishment are planning a 100-day campaign to derail trump's plan to the nomination and if that fails, possibly planning a third party bid. reince priebus said it is far too late for outsider to challenge trump. listen to his answer about committing to the trump and two other candidates still standing. >> can you guarranty the nominee will be one of the three candidates in the race right now? >> i think it is highly unlikely
if it is not. i can tell you that. i think it would be somewhat very unusual but, you know, i can't 100% guarranty that but i can't imagine right now sitting here believing it would be anyone but the three remaining candidates. andrea: and trump has this reaction to any speculation about a possible third party bid. >> if they're going to do that, they will do that you might as well hand the election to hillary clinton or whoever runs because, frankly, the republicans wouldn't even have 1% of a chance winning. if they're going to be stupid and do that, instead of embracing these millions of people coming in to vote they will have to do that. andrea: who is correct on this? judge, i want to go to you first because i'm not sure the founding fathers would love what is happening on republican side. i'm not sure how they set up the framework for united states of america. but constitutionally can you
weigh in on what the party is doing. do they have a right to do it? is it constitutional. what is the party's move. >> i disagree with you about politics, it was rough-and-tumble in that era. there wasn't cable television to record all of it. the republican party has history of these things happening. teddy roosevelt, at the time former president of the united states as a republican ran as a bull moose third party candidate against a republican woodrow wilson got elected. not unprecedented. >> what about 1824 with andrew jackson? we really saw the party leaders try to suppress the will of the people? >> yes. andrea: is there something about suppressing the will of the people, not extra constitutional but what are your thoughts on that. >> constitutionally and legally the pub pick party is private organization. it is not the government. it rents the government's equipment and space in order to conduct elections. it writes its own rules. it is not the government it is not regulated by the
constitution. it is like a private corporation decided this is how you will become the chairman of the board of the corporation. if they want to change the rules in the week before the convention they're free to do so. there as donald trump says likely to be political fallout to that but no judge is going to get involved and there is no legal fallout to it. look, these delegates are not free agents on the ballot. thereafter they are free agents for whatever reason to stick with donald trump or john kasich or ted cruz or leave them for whatever reason they want. whether there is a carrot or a stick. are you interested in federal judgeship back new jersey? can you bring some votes this way from candidate x to candidate y? unseemly, inappropriate but historically traditional and probably will go on. andrea: harris what about the contract between the rnc and donald trump? if it is a private organization and had a contract and everybody
said -- >> good point. andrea: thank you. everyone will break it. trump will not keep his word, isn't it funny the rnc is one breaking that contract. >> it will be an interesting deal probably benefiting donald trump because he is the deal make ir. something politically we have to watch out for. i think this puts republicans in an interesting spot. so, you've got jeff sessions of alabama, senator sessions who reportedly has organized this meating. we don't know details in terms of who will show up but if you're on the guest list this is probably a must-attend and that is difficult, right? this isn't like your girlfriend's wedding because i got to go here because i met a new guy, will you forgive me? it doesn't work that way. you're in the wedding. >> you're trying to replace her groom. >> sweetie, that is not a friend. where did this show to. >> are we talking about politics or weddings? >> we're right here, andrea.
my point is if you had any sort of dissession in your heart against donald trump you're on the list you have got to go. do you keep your mouth shut, do you voice it. what do you do? >> it shows the trump campaign, donald trump himself, not kid ourselves he is making a big shift from okays again sucker to negotiator which is exactly what he has to do. because there are a lot of people complaining they don't want a contested election, don't want the election stolen from the front-runner who still may not have the majority of the delegates necessary to cinch the nomination in cleveland. he has to be responsible for that next. he has to get out in front of the next. >> make a deal. >> instead of other candidates. >> she is 100% correct. if there is cameras in the room we might see a very different donald trump than the one we see at rally. >> i would settle for a smartphone. andrea: contractually is there anything donald can do with the
>> sorry to tell you, no. politically, but not legally. andrea: we have to move on. meantime more chaos at donald trump rallies over the weekend. [shouting] protesters caught on camera tearing down a security tent in salt lake city while facing off against trump supporters and police outside one of his events. the next day, at a rally in tuscon, arizona, a protestor punched, kicked, several times as he was escorted out. and that same day in phoenix we're told traffic was backed up for miles as protesters block ad major roadway leading to a trump rally. when asked about all of this, here is how the republican front-runner responded. >> they're disruptors. they're really stopping our first amendment rights. if you think about it, george, they blocked a road. put their cars in front of a road. we had thousands and thousands of people wanting to come. they were delayed for an hour because of these protesters. you know, at what point do
people blame the protesters? these are people -- >> you're blaming protesters, not the person who actually punched and kick the protester. >> no, i'm saying this, these are professional agitators. somebody should say when a road is blocked boeing into the event so that people have to wait sometimes hours to get in, i think that is very fair and they should be blame there too. andrea: donald trump is right on this or wrong? melissa: i don't like any of this. as i say to my kids often, there is enough blame to go around here. no one is behaving way they should. you can't obstruct someone else's right to free speech on either side. we have a right to get together to have rally and speak your mind. you have a right to protest. you don't understand these people are paid to come out. going out on craigslist responding to ads. they're infringing other people's free speech. on issue of delegates real quick, he has gotten 41% of the
delegates so far. i'm a math girl. this is what i care about here. he only needs to get 54% of what is left. he was battling many more other people before this i think he gets over the hurdle and a moot point. >> unless cruz wins arizona then he needs 5%. >> the police have three obligations, protect. right of the speaker to speak, right of listener to her, right of protesters to protest. protest has limits. guy beat other fellow up that is criminal event. people that block traffic that is criminal event. that is not legitimate protest. they can waive placards and slow traffic down but blocking it is criminal event and should have been arrested properly so traffic did not back up for hours. if traffic backs up into another state, crosses interstate lines, we have another "bridgegate" case. interference with interstate commerce which makes it a federal prosecution, five years in jail was christie at that
rally? [laughter] >> i'm so glad you brute this up. it puts onus back on actors, that is where it has to be. it puts responsibility on police officers. donald trump and others spoken about their restraint. we saw some officers in chicago have their jobs put on the line because they didn't have to step up. they will have to step up into the fray. can't not expect campaign management on anybody's campaign to deal with this on that video. >> chicago police should have said to him. we'll pretoke the right to speak. we'll protect their right to listen. protect the right to protest. use the venue -- >> campaign managers are not equipped to deal with what they saw. >> corey lewandowski should in the be in the crowd to control protesters. we should talk about candidate comportment. candidates are the one in front
of the campaign. they have greater obligation, if this is happening this is what we'll do on our end of it. on our end this is not owe okay on their end. it puts more onus on opposition. even if they are being paid, that is still free speech. it doesn't have to be -- andrea: talk about the media coverage. the message these are paid staged protests doesn't seem to be getting through. they're actually paid to be violent. responsibility on the candidates. >> crickets have been louder than reporting on that for my flavor. we saw last week there were some journalists who asked access behind the scenes with some groups organizing on facebook and the like to show up at the chicago event. it is incumbent upon us as journalists to get the word out. it is important part of the story. it is not the whole story. i want to get back what you said, kennedy, what would you have candidates say or do facing scene? >> i wouldn't be talk about rioting. don't think that is good idea
given political climate. the one of the reason he is so popular tapped into dissatisfaction. when you have that level of dissatisfaction, he has obligation to make sure it doesn't pour on his end into violence. >> i share kennedy's anxiety over this however, the suggestion of violence, so donald trump saying, beat the crap out of him. in old days they were dragged out on stretcher, that too is protected speech. >> right. >> however you put together an organization whose goal is to be violent or break the law, that is criminal conspiracy, people who put it together are liable. people who put up cash are libel. melissa: speech is protected doesn't let them off the hook. there is enough blame for everyone involved. >> that is the point you're making with the media and journalists so important because we have job of reporting every side we can physically get to. if we need to press forward to get information who is organizing and showing up, we saw some of this in ferguson,
missouri, by the way. you have to step up to do the reporting. andrea: same time with gun incident rhetoric inflames them. rhetoric doesn't cause violence. the people are making opposite argument now. a bit hypocritical. i don't know. big night on fox news. all republican presidential candidates sitting down for interviews. listen to this bret baier talks to ted cruz and john kasich on "special report," 6:00 p.m. senator cruz will be on on "kely file" at 9:00 p.m. then donald trump on "hannity" at 10:00. before that we will have all the main speeches from aipac right here on special night of coverage on fox news channel. and right now president obama is meeting with cuban president raul castro in havana. the historic visit comes as dozens of american fugitives including a cop killer are still hiding out there. what needs to be done and whether the president's trip is more of a feet toe on than
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♪ harris: it is day two of president obama making history in cuba. the first visit by a significant president in 88 years. calvin coolidge was the last, january 1928. he is meeting with cuban president raul castro and bilateral meeting there. is controversy. cuba's communist government has horrible human rights record with reports that it is worse than ever. add to that, 71 american fugitives are allowed to hide out in that nation including convicted police killer joanne chesimard. and also a suspected mastermind of a manhattan bombing that killed four people. among those victims, frank connor,3 house and father of two.
watch. >> lip service that the president will talk about it. talk is cheap. he will have audience in cuba. he is opening up with cuba. unless you set conditions in any negotiation it fails to be a negotiation. it is capitulation. and this president, he considers this an historic meeting. harris: all right, so yesterday when this was just happening we saw the first pictures of the first lady, the first family. they took along wife and daughter of the late baseball great jackie robinson. baseball is huge in cuba. in fact the president is going to a baseball game on this trip, so on, so forth. those are the warm and fuzzy images. yesterday we had video of the violence that is still being played out against citizens. the women in white, advocating for their family members who have been very violently, brutally treated by this government in the cuba. so it is a tale of two stories if you will, one much more violent than the other obviously.
>> look, this is reprehensible government. the castro brothers, particularly fidel the one who is not there, one of the great monsters of all time. and they are repressive still and they are protecting monsters like joanne chesimard who killed a new jersey state trooper, properly convicted, conviction upheld. she escaped and made her way there as well as with other folks. i may be the skunk at the garden party here. i think opening up cuba is one of the best things president obama did. harris: why? >> because i think economic freedom eventually brings civil liberties. i think it is opportunity to trade. it is an eventually will be opportunity for cuban people to choose their own leaders. it is going to take time. harris: amen from kennedy for you but not an amen from you. >> that -- melissa: would be wonderful if it were true i would hope for the people. that is not what is going on. right now as they let american companies go in did you know our companies that go in and do business there, david asman told
me about this, i went and looked it up, they will pay the minimum wage for workers. government keeps money and pay the workers $20 a month. of that money that the american companies are paying and if things change, it would be great but they haven't. >> but embargo has changed nothing. what is the embargo changed. melissa: exactly. castros are keeping money. they haven't changed any of their treatment. we just caved on our end. >> i understand this. this is not a pro-freedom president. and what this island needs is freedom, desperately, absolutely. >> they didn't get it. >> economically and politically but perhaps this is the thing that will put them on the road to freedom. melissa: how? >> very thing because, if it remains opaque and light of day and light of justice can not shine on cuba then they will never know how it changes. if more people go there and more people see protests, more people somehow infuse this place with money and dreams, then people -- melissa: castro is keeping money. the money is going in and castro
is just keeping it. he is not sharing -- >> force of nature will take castro away from the brothers very soon. more americans there, more american dollars, more media, the more media, slowly freedom will come. harris: that will be the dream. i hear both sides of this but reality somewhat of what you're saying because this is communist nation. melissa: right. harris: did anybody think its citizens would get 100%? we don't even get 100% of our paychecks. $20 a month. andrea: exactly. i think both sides are right. melissa is absolutely right. this will only strengthen the regime because of grip of power. harris: and money. andrea: right. i agree with you, judge, i don't think an injection of american capitalism is the worst thing that happens. i don't like the cigars but i like the rum. we had all the leverage in the united states. like with the iran deal. not like cuba has oil.
obama had all the power? why didn't we make a better deal? what could have done with the deal, shake our fist and much stronger language about cuban regime and brutal human rights violations. i go back to joanne chesimard. it convicted cop killer and obama could have gotten her back. i do agree with you, judge. i don't think the cold war era hostility i don't think that benefits anyone now. harris: before we go on now, one thing we haven't talked about real quickly, guantanamo bay, that land cuba would like to have it back. they can't have the naval installation. that is separate from the prison. however that land, we don't know if deal make something going on. >> there are side deals. harris: there are side deals. >> i can't imagine, you're talking about 44,000 square acres. i can't imagine the president could divest to the united states without congressional approval, significant,
significant asset and military asset. under a 99-year lease. under a 9 the-year lease. we're well beyond 99 year laws. under a lease when the lease payments are made, equivalent after purchase. we may legally have the right to be there forever. harris: i say it because we've seen this president start conversations, we knew back and forth with letters with tehran before even a deal. i just ask, and i think it's a fair question, what is talked about? >> good question. >> he wants to be beyonce and jay-z. he wants optics and legacy. harris: honey, do we all. >> he wants to be jay-z and beyonce? >> no judgment. no judgment. harris: i like some much her shoes. 16 republican candidates tried so far failed to stop donald trump's sustained popularity among voters this primary season. hillary clinton's campaign says they have a better idea. a better strategy to take him on. what would that look like exactly? could the 2016 general election be one of the ugliest we've ever
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clinton slamming trump's recent comments that he would be quote, sort of a neutral guy on israel. comments he tried to walk back. watch. >> we need steady hands, not a president who says he is neutral on monday, pro-israel on tuesday and who knows what on wednesday because everything's negotiable. [applause] well, my friends, israel's security is non-negotiable. [applause] melissa: then i wonder why she is behind the iran deal. she is going to try, you know, you can't be on both sides of israel. everybody is trying to do that. but now she is going to come out and think she will take down donald trump the way 16 candidates before her wasn't able to. the head of her super-pac saying, what the republicans did was too little too late. petty insults not strategic. can they do something different? harris: they have a history together. it will be interesting to see what kind of weapons either one
of them would use if they face each other as nominees of their parties. i would say this. the thing that might just stick, she told reporters in correspondence over this in recent days. i'm not orator some are. called out her husband, barack obama. i don't command an audience like that. i've been in politics a long time. i know how to do the job but i don't have that canneriesma. i'm paraphrasing her a little bit. she proved that point just thin. donald trump can easily hit her on low energy she hit jeb bush on. it is a fair criticism. one that she already acknowledges. so i am curious toee how she would hit back at that because that is something that worked for him. melissa: it is true when i watch her speaking, i think of the label he already stuck on her. says neither the strength or energy to be president. when you listen to her go on, she sounds tired even when she is trying to hit those notes. will she be able to fend off his
label the way others have not. andrea: i'm not sure she can because most people made a decision, an opinion about hillary clinton by now. i mean you either pretty much like her or you don't like her. i think she is in trouble with this playbook she is talking about. when she mentions israel, in my mind, i think in others minds you think how she embraced arafat when her husband was president. how controversial that was to israelis. not only that, melissa, she was secretary of state when president obama suggested israel return to '67 borders, snubbed netanyahu a number of times. israelis don't forget this. she was secretary of state. not only that the business dealings. i don't have to tell you. you're the money expert. if she does that that opens up to the clinton foundation. i don't think she wants to go there. >> she has very important interview coming up we may not know about. it is with the fbi. may change everything. harris: if she decides to talk
and pleads the fifth. >> talk about the a natural orator. sounds like a jackhammer had a baby with charlie brown's teacher. every time i hear one of those speeches, my ears start to bleed internally. i mean that as compliment. >> as compliment? >> with love and total support for her as woman. i am the lena dunham of this couch. we often said that. melissa: does it sound sexist? harris: that is great question. melissa: that she has neither strength or energy. strength is hit at her woman hood? jeb bushes that was energy. but he says she has neither strength or energy. harris: he hit others with strength. >> rick perry hit donald trump on strength. donald trump was not strong and challenged him to pull-up contest. is that sexist? harris: that is ugly, really is. >> we are free to comment on her, whether any comment made by male or female. if people will be reticent about criticizing her because of fear that the criticism is sexist,
then this is not a fair and open debate. andrea: not only that. all trump has to do pull tape of her old campaign manager her being tired and huma abedin she is often confused. there you go. in her staff's own words. harris: she told us she will be strong. she can also play victim. andrea: true. so much for thawed relations with iran. the supreme leader slammed united states and citizens should not trust its old enemy. ayatollah can main know said american policies since the new deal undermined benefits of sanctions release. this as we learn iran's revolutionary guard reportedly plans to build a statue of 10 american sailors it captured in january, saying it would become a quote, tourist attraction. aipac last night vice president joe biden tried to reassure the
audience about iran. watch. >> tehran like a hawk. under this agreement iran never be allowed to pursue nuclear weapons, never, never, never. if iran violates the deal, the united states will act. the united states will act. andrea: want to go to you first on this melissa. just, the money expert. we flooded their coffers with money they can use to fund terrorism. no surprise they're snubbing our nose in it. but a statue, a statue commemorating humiliation of america and our u.s. navy that john kerry thanked them for. melissa: the statue really sticking it to us. you hear people in the background on that one not really applauding. they understand better than anyone that iran really got the better of this. when we talk about the money, it is not the money quote, being returned to them held in abeyance. they opened up this incredible
market where there are some customers, where apple will flood in, companies are coming in. the only leverage we really had on iran the fact they didn't have their covers full. now that makes them really the defacto hedge mon of the region. i worry about that kennedy, you think that enriches people of the country and helps them rise up. again i hope so but you know for sure that the government is very wealthy now and that makes me quite nervous. >> no. i think that history shows when you have economic freedom people are lifted out of poverty and hopefully tyranny. this is different kind of tyranny than we're used to seeing obviously. it is not world war ii axis of evil kind. this is authoritarian, muslim rule. this is a form of islam that is so oppressive and we have to figure out the best way to extricate the people from that philosophy. seems like the best way to do that is through economic freedom. >> i agree with kennedy. and form of islam she is talking about is what is practiced by the guy on the screen right
there. it is not what is practiced by young professionals, the young people, the business class, the entrepeneurs who eventually will achieve a little bit more freedom and a little bit more wealth as a result of this. having said that, both hillary clinton or joe biden, whichever of them is the democratic nominee will have to defend this agreement and it is enormously unpopular. i like it. kennedy likes it for reasons we articulated. i don't think the public likes it. andrea: judge, the lion's share of people in iran are under the age of 35. they tried to rise up. >> yes they did. andrea: in 2009 in the green revolution. the harris the administration was nowhere to be found to support that. those side deals the judge mentioned they were supposed to go through congress. that hasn't happened yet. where is cop guess demanding to see one, side deals and two, demand who gave our u.s. navy a stand-down order in obvious position of weapons dominance. harris: a lot to unpack there. start with 2009 secretary of state hillary clinton taking a
lot of criticism why we doesn't shore up the young people on streets of iranian cities back then when they were having their revolution of rising up and voices be heard. the first part of it. as you move forward in all of this with the deal, the reason that the side deals are so important, i think are less about money and more about the promise. so did we tell these people y'all can act the fool, erect statues, mistreat our people, don't harm a hair on our heads and make us look like we capitulated on our knees, we understand that is propaganda? i'm curious about side deals because those things can be said and they can happen. third question you asked, just simply about the stand-down order. i in all of my reporting and all of us here at fox, we've been asking, i can't speak for everybody, because there are some having conversations we don't know about i hope off the record, in reporting i've seen and done myself it is impossible to get to the nugget how our men
ended on their niece. we know they had weapons on the ship. they did not have weapons at their side in that posture. what happened in those moments of time are questions we need to answer and a fair question. andrea: 100% mccain was going to subpoena the sailors. i wish someone in congress, mccain or otherwise would follow through on that. mitch mcconnell digging in. his refusal to give a hearing to president obama's pick for the supreme court even in lame-duck session. plus, harry reid's warning this will cost republicans senate seats. will either side blink first in this standoff? so glad we have the judge andrew napolitano to weigh in on this. harris: did you bring your robe? >> no.
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mcconnell doubling down on his vow not to consider president obama's supreme court nominee judge merrick garland even in lame-duck session after november elections. here is the kentucky republican on "fox news sunday." >> just to be clear, you're saying no consideration of judge garland by this congress, even if hillary clinton wins the election? no consideration by this congress. you will stand firm on that even in lame-duck session. >> i can't imagine that a republican majority senate even if it were soon to be a minority would want to confirm a judge that would move the court dramatically to the left. that is not going to happen. >> oh but the top democrat in the senate, harry reid, in his workout pants blasting decision. he is predicting republican losses over the move. >> you don't think they should fight to prevent the change in the makeup for as hard as they possibly can? >> no. it has not been done in the past. the excuses are lame. they're going to wind up as a result of this foolishness they
will wind up losing senate seats they shouldn't have loss. i'm glad they're doing it. so foolish. mcconnell is leading his senators over the cliff. >> is he leading senators over the cliff? let's ask judge napolitano. >> there will be some political fallout to this i think that is the reason the president nominated judge garland. judge garland is by the standard of democratic nominees fairly mainstream, even in some respects like his attitudes about police rather conservative and traditionalist. i don't think the president wants judge garland on the court. i think what the president wants to do what harry reid said, which is so disrupt the republican effort to retain the senate, that they fail. but constitutionally the president can no more force the senate to vote on this nominee up or down that the senate could force the president to manage the military as commander-in-chief. under the constitution the senate writes its own rules. when the rules were just written?
when harry reid was majority leader. that rule says the majority leader, the majority leader alone decides what comes to the senate floor. you heard the majority leader. not going to change his miner. >> knows that those rules were written in his favor and i don't think it had a great deal of foresight when they forced some of those things through but let's talk about this a little bit for the republicans. do you think there are long-term ramifications for the party beyond perhaps losing senate seats in the fall? >> well, if, for instance they don't have a republican in the white house, and they get a hillary clinton and she goes much farther left with a pick and all of this, that would be a nightmare for them. so, what, you know, when you see democrats agreeing with some republicans on fact they need to grant a hearing you have to start to scratch your head. are people looking down the road a bit at some sort of bipartisan way forward? that is what 62% of the american public said in recent polling that they want. you have to start to listen.
i mean i understand republicans are a little resistant to listening to their own party in terms of who they might want as nominee but they have got to listen to the american public on something. could it be this one thing? should they have a hearing? melissa: at least have a hearing. taking the bait. they're falling for it. the president set them up and they're falling for it. if you don't want the candidate and roll the dice to wait to see who wins the election. i think it's a gamble. i think hillary clinton puts someone forward much less palatable. don't look that far down the road. look at optics of this. have the hearing and don't like look obstructionist. andrea: should unite. on one hand you hear mcconnell saying let voters decide. why don't they apply the logic to the republican primary? they want the pick and unite behind one candidate and obama is taking advantage of the division in the party. the goal is to win in november. put up a justice to reflect the
party. >> seems like republicans are in the middle of the civil war and democrats are trying to be benefactors of all the carnage. at this hour body of u.s. marine staff sergeant lewis cardin killed by isis fighters in iraq is returning home. u.s. military sending more u.s. forces back in the region after the attack but is this beginning of boots on the ground to fight isis? is the president's current strategy working? we'll discuss in moments. we have over 15,000 activities
andrea: more "outnumbered" in just a moment. first to jon scott what isp ecology up in hour of two "happening now." >> andrea, president obama in the middle of historic trip to cuba. he is meeting with raul castro right now. both men supposed to appear before the press next hour. their comments should be interesting. we'll have them live. hillary clinton launch as strong defense of israel-u.s. ties this morning at aipac. that is convention of pro, that is the pro-israel group meeting at a convention here in the u.s. clinton says israel's security is not negotiable. donald trump is set to appear before this same group this evening. he is sure to have something to say about mrs. clinton's veiled attack on his support for israel. next hour we'll take closer look what potential hillary clinton
versus donald trump election could look like. it is all coming up on "happening now." andrea. andrea: thanks, jon. harris: the savages of isis took out one of our marines over the weekend a rocket attack killed staff sergeant louis cardin of california and left several others injured in northern iraq. the pentagon announced it will send members of that same marine unit to iraq. as you know we reported about 3700 groups are on the ground advising the iraqi army. you recall president obama pledged, quote, no boots on the ground in fight against isis. first of all soldiers in any capacity special forces, special-ops, there are feet in those boots. the difference would be ground forces versus those we know are on the ground aspects. >> he does not consider -- they clearly are, military but he does not consider special forces to be boots on the ground because they don't wear uniform.
he does not consider intelligence agents as boots on the ground. even though they wear boots they are not in military. this is a way avoid constitutional responsibility of declaring war. the congress never declared war in iraq. we'll never solve this problem without a declaration of war. without a declaration of war we don't belong there. harris: what about this, andrea this, is detashment, the unit going from the unit he belonged to and served with, this marine, camp lejeune in north carolina. that is not the same as spending the tip of your spear. andrea: also what it is not, harris, never before in history has the united states government announced via press release where we're putting special forces and when we're putting special forces there. these are supposed to be using covert operations. we're governing press release in time of war an administration won't acknowledge against an men i the administration won't acknowledge in a mission they will not articulate. so they're putting more men in
harm's way, announcing it to the world with no clear strategy, no mission and crippling rules of engagement. how is this at all a good idea? >> so the huge question andrea is asking, also americans whether they have family members serving or not, what is the plan? you are putting marines on the ground. they're not being considered special forces. we're being told. is this retaliation of marine being killed? is this new line of attack to isis? what is this? melissa: feels like a plan to run out the clock. that president obama is skating out without making a clear decision. we tried to be a little bit in, not in. it doesn't work. it is all or nothing. at this point nothing has not worked. somebody has to go all the way in if they want to solve the problem but this president isn't doing it. he shouldn't do it halfheartedly the way it is.
>> is all in nation building? we need a formal declaration of war. that is where you start with your strategy. harris: we'll be right back. stay with us. ...at your core. trubiotics a probiotic from one a day naturally helps support both your digestive and immune health by combining... ... two types of good bacteria. trubiotics. be true to your health.
♪ ♪honey gotta strike me blind... ♪somebody gotta save my soul... ♪baby penetrates my mind... ♪ ♪ [cheering] ♪and i'm the world's forgotten boy...♪ ♪ ♪the one who's searchin'... ♪searchin' to destroy... ♪ ♪and honey i'm the world's forgotten boy...♪ ♪ harris: you know i love mondays anyway. here is another reason for to you love it. big monday night on fox news channel. all the republican presidential candidates sit down for interviews. bret baier talks to ted cruz and john kasich on "special report." 6:00 p.m. eastern. and senator cruz on "the kelly file at 9:00 p.m.
eastern. donald trump on "hannity" at 10:00 p.m. eastern. we'll have speeches from aipac, with a special night of coverage on the fnc. that is fox news channel. judge, great to have you. >> always a pleasure. >> thank you, judge. harris: melissa, let's roll out of here right on into "happening now." where he will spoke alongside president castro. >> it is the first trip to cuba by a sitting american president in nearly 90 years. history in the making. an american president on cuban soil first time in decades. what will be the fate of american base of guantanamo bay? >> plus, europe's most