This is a rush transcript from "The Kelly File," February 17, 2016. This copy may not be in its final form and may be updated.
MEGYN KELLY, HOST: Breaking tonight. With just three days to go before South Carolina votes, we are witnessing an all-out war between the top Republican contenders and even new threats of lawsuits.
Welcome to "The Kelly File," everyone. I'm Megyn Kelly. For weeks, we have been documenting the steady decline of the relationship between Donald Trump and Ted Cruz. But things just hit a new low. With a cease and desist letter set on behalf of Mr. Trump who propose to be outraged by this Ted Cruz ad.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Life, marriage, religious liberty. The Second Amendment. We're just one Supreme Court justice away from losing them all.
UNIDENTIFIED MALE: Would President Trump ban partial birth abortions?
DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: I'm very pro-choice.
UNIDENTIFIED MALE: But you would not ban it?
UNIDENTIFIED MALE: Or ban partial birth abortion.
TRUMP: I am pro-choice in every respect.
UNIDENTIFIED MALE: We cannot trust Donald Trump with these serious decisions.
(END VIDEO CLIP)
KELLY: Team Trump arguing the businessman is now pro-life, suggesting Cruz's attack ad is replete with lies and saying if Cruz does not take it down, they will seek immediate legal action against him. And remember, Mr. Trump has also threatened to question Senator Cruz's eligibility to even be the president.
(BEGIN VIDEO CLIP)
TRUMP: We will bring a lawsuit if he doesn't straighten his act out. He's a lying guy. A really lying guy. Some people misrepresent -- this guy is just a plain-out liar.
(END VIDEO CLIP)
KELLY: Today, Senator Cruz responded to the threats, going all-on lawyer, practically daring Donald Trump to make a move in a news conference complete with exhibits.
(BEGIN VIDEO CLIP)
SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: Mr. Trump, you have been threatening frivolous lawsuits for your entire adult life. Even in the annals of frivolous lawsuits, this takes the cake. That lawsuit will be frivolous and it will result in both Donald Trump and any lawyer for that signs his name to the pleadings being sanctioned in court for filing frivolous litigation. One of the things I look forward to most of all is deposing Donald Trump. For that particular endeavor, I may well not use outside counsel. I may take the deposition myself. Donald Trump does not want to be under oath answering questions about his own records, because his position quite simply is that anyone who points to his record is somehow lying.
(END VIDEO CLIP)
KELLY: So Ted -- Ted Cruz is going to take Donald Trump's deposition.
After Trump sues Cruz for his ad that really just puts Donald Trump's words on the screen. As all of this drama unfolded, a pair of national polls was released. The first taken before and also after Saturday night's GOP debate. That one shows Donald Trump with a healthy lead, take a look, 39 percent. Next closest is Marco Rubio with 19 percent, Ted Cruz at 18. But the second just out shows Ted Cruz in the lead for the first time nationally. This poll was taken entirely after Saturday night's debate. It's important to note that the small -- the relatively small sampling size of both polls, Wall Street had 400 GOP voters, Quinnipiac had 600.
And our chief political correspondent campaign Carl Cameron reports tonight from the South Carolina capital of Columbia. Carl, set the stage for us in South Carolina.
CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Well, here in South Carolina. Donald Trump has the lead and virtually all of his rival candidates have said that they expect him to win. Having said that, he clearly got roughed up in the last debate, calling all his rivals lying liars who lie may not have gone over all that well. He's in an absolutely blatant fistfight with Ted Cruz. And Cruz has a lot riding on this. He came out of New Hampshire with not as strong a win as he'd like to have had, didn't perform all that well.
And he comes in here where this is a state that he's been working on very, very hard. And should be able to erode some of Trump's lead. Cruz has not been able to do that yet. And Marco Rubio appears to have considerable momentum. He got endorsed by Nikki Haley, the state's governor today. His crowd has been surging and there's a sense that he's come up with a couple of the polls too. So, he's got some clear movement visible there. And it's sort of leaving Jeb Bush and John Kasich and Ben Carson far in the dust. A real close battle for second between Rubio and Cruz and Trump far enough ahead to really have a head of steam and Cruz trying desperately to catch him.
KELLY: All right. Carl, what are we to make of these national polls? I mean, just released and completely divergent results?
CAMERON: Well, it shows that some people nationwide at least might have been taken aback by all the lying accusations that the candidates level at one another at the debate. But it's also true that the national polls don't mean that much now. We're growing state to state, on March 1st, Super Tuesday, when more than a dozen states will be voting, then the national polls will begin to be a little more relevant. But it also speaks to the margin of error, the reading polls. It says plus and minus. So if it's plus five, you can give that to one candidate. But if it's minus five, you're going to take that away from somebody else. There's a big, big margin of error in those polls. National polls are still not as relevant as what is going on in the states. But it does starts to be relevant after March 1st -- Megyn.
KELLY: OK. Carl, great to see you. Well, the last Republican presidential candidate to win a South Carolina primary is our guest right now. Newt Gingrich is the former speaker of the House and author of "Duplicity."
Great to see you. Thank you for being here tonight.
NEWT GINGRICH, R-FORMER SPEAKER OF THE HOUSE: Good to be with you.
KELLY: So, what do make of the fact? I mean, Ted Cruz's campaign is going nuts with this Wall Street Journal poll, they are touting this, you know, loud and clear.
KELLY: It's strange to have -- I mean, it's an outlier -- we don't know whether it's --
GINGRICH: I suspect -- I just checked with a friend of mine who is a very, very good pollster who actually is in the field in South Carolina. And he says he suspects that "The Wall Street Journal" poll is just an outlier, that he doesn't see any movement in South Carolina comparable to the poll. Certainly in Nevada where Trump has more support than the next three candidates combined, that doesn't seem to fit the poll. But Carl Cameron, I'll start to say campaign -- Carl Cameron for so long.
KELLY: He goes by that.
GINGRICH: You know, Carl is exactly right. What matters right now is what happens on Saturday. Both in Nevada for the Democrats, and in South Carolina for the Republicans. I must say I thought Marco Rubio today, in getting endorsed by Governor Nikki Haley, on top of the strong support, he has from Senator Tim Scott, really got some momentum. And I think the real fight in South Carolina is who is going to come in second. And that may have a big impact on what happens in Nevada and beyond.
KELLY: So, do you disagree with the wisdom we've heard from others that endorsements don't really matter that much?
GINGRICH: I think that in this kind of turmoil, they matter a little bit. And frankly, if you're virtually tied, you know, a little bit can be pretty good.
KELLY: She's so popular.
GINGRICH: She's very popular and she of course has been remarkable the last six months. And I think that it helps him. He also has Trey Gowdy's support. So Marco has put together a very good campaign in South Carolina. Nobody expects him or Cruz to be able to come in first. I think my biggest disappointment frankly isn't the lawsuit, although I do think the idea of Ted Cruz deposing Donald Trump as an attorney, I'm not an attorney but as an attorney, you must just think of that -- the circus doesn't get better but I'll tell you --
KELLY: It's absurd but it's awesome, too.
GINGRICH: Yes. My disappointment though is not a single Republican has barked. I mean, I think that we owe it to Democrats, at least one barking candidate to match up with Hillary Clinton.
KELLY: Literally, just to the viewers who aren't aware, he is speaking literally. Hillary Clinton has started barking on the campaign trail.
GINGRICH: It's a little strange.
KELLY: So, your team has that going forward. No barking --
GINGRICH: That's right. No barking right now.
KELLY: We saw some sounds in like a vine that was circulating today from some of the Republicans that sounded weird, so in fairness to her. Let me ask you about the head-to-head polls. Because Trump and Cruz are obviously dusting it up and, you know, it's been fierce. But you look at the head to head polls that just released in this Wall Street Journal poll. And it shows, look, Ted Cruz versus Donald Trump, 56 to 40. He beats him by 16 points. Marco Rubio to Donald Trump, same thing. He beats him by 16 points. Fifty seven to 41. Is this what is accounting for the frustration we're seeing from the sort of non-Trump fans in the Republican Party who they feel like the rest of the Republicans other than Trump, can't get their act together.
GINGRICH: I think that there will be enormous pressure after South Carolina on everybody except Rubio and Cruz. Right now it's a three-way race between Trump, Cruz, and Rubio. And Trump's challenge, and let's be clear, he has been brilliant. I mean, I have never seen anybody who has never been in politics before been able to manage from June 16th when he announced to today the way he has consolidated a base and been the front- runner. His challenge is, he's done it in a style which creates a ceiling. And unless he finds a way to softens that sum, sooner or later he'll be in a one on one race and then he'll be in trouble, because he's not adding much about 40 percent. And 40 percent in a five or six-way race is a lot. Forty percent in a two way race is called defeat.
KELLY: Uh-hm. Before I let you go, you won South Carolina. You had that amazing debate with CNN, which was just -- I mean, the crowd was basically on its feet in your favor after that. There is another debate before we get to Super Tuesday. There's actually a couple of them. But how important do you think that these forums are that these candidates are putting themselves through and do you believe that this time around South Carolina will predict the winner as it usually has? But unfortunately it did not in your case.
GINGRICH: Well, I would say a couple of things. One, I think that debates particularly have a negative effect more often than positive. So, for example, Trump did not show up in Iowa, and I think that was a mistake. I think Iowans resented and I think that it gave Rubio a chance to shine and it showed up and if you show the results in the Iowa caucus. On the other hand, Rubio had a really bad night in New Hampshire and it showed up in the New Hampshire event. So I do think they can have an effect. And frankly, if somebody at some moment suddenly crystallizes, and that's what happened with me, but in two different debates in South Carolina, where we had standing ovations and enormous popular support. If that happens to one of these candidates, and as you get a smaller field, it gets easier for it to happen. Then that candidate could get, you know, a multimillion dollar boost in terms of nationwide publicity.
KELLY: Yes. It was an electric moment. Mr. Speaker, it's always great to have you, thanks for being here.
GINGRICH: Thanks. Good to be with you.
KELLY: Breaking tonight, new reports that a contested convention or brokered as they used to call it, could be waiting for the Republican Party. We'll explain how it all works.
And we'll look at how the campaigns are quietly preparing for exactly that.
Plus, Governor Jeb Bush is here on his efforts to win over palmetto state voters, and we'll ask him about his battle with his former protege, Marco Rubio, and the new attacks lobbed against his brother, our former president.
And then Speaker Gingrich just mentioned the democratic showdown in Nevada. And wait until you see what the polls are now saying about a state where Mrs. Clinton once led by more than a dozen points.
(BEGIN VIDEO CLIP)
SEN. BERNIE SANDERS, I-VT., DEMOCRATIC PRESIDENTIAL CANDIDATE: Everyone -- everyone -- they bring up the poll and I laugh at them. So, I don't believe polls. It's not been proven time and time again. I'm right, the pollsters are wrong.
(END VIDEO CLIP)
KELLY: Breaking tonight. New reports that some Republican presidential campaigns are quietly getting ready for a contested convention. The likes of which the GOP has not seen since 1976. We have Republican president candidate Governor Jeb Bush with us on that next.
But first, we go to Trace Gallagher with the details. Trace?
TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, some call it brokered, others call it contested. Everybody called it a long shot. But suddenly the ads are improving. Think about it, six GOP candidates are still active. The longer they stay in, the more the delegates split up and the less likely it is for one candidate to hit the magic number of 1,237. That's how many delegates you need to become the presumptive nominee. If no one hits that number, it's on to a fight on the convention floor in Cleveland and it appears the campaigns are now working on that what if scenario. In fact, Marco Rubio says, he's ready for a contested convention. Here's how it works.
If the vote goes to the convention floor on the first ballot, the delegates are obligated to vote for the candidate they committed to during the primaries and caucuses. But on the second, third, and fourth ballot, they can vote for whoever they want. Which is why State Party chairman are now getting calls from the campaigns wanting personal information about the delegates like, how to contact them. Some ban campaigns are even sending representatives to state and local conventions to get to know the delegates and one campaign is reportedly using delegate tracking software. The goal, of course, is to push your delegate across the finish line or poach somebody else's along the way.
In the old days, the party bosses would wheel and deal to come up with a nominee at the brokered convention. Now the parties simply sets the regulations. For the record, Jerald Ford in '76 was the last candidate to arrive at the convention without enough delegates. He secured the nomination in the first ballot and of course lost to Jimmy Carter -- Megyn.
KELLY: Trace Gallagher, thank you sir.
Joining us now with more, our Republican presidential candidate, Governor Jeb Bush. Florida Governor, great to see you. First of all, let's ask about that. Do you think there's any chance of a contested convention in this race?
JEB BUSH, R-PRESIDENTIAL CANDIDATE: It could be because of the RNC rules of proportionality for a bunch of states in between March 1st and March 15th. But my focus is on the next three days here in South Carolina. But it's possible, we're given the large number of people running still, it's possible that you could get to a contested convention, it happened a long time.
KELLY: Today, there was big news in South Carolina. You're focused on the next three days in South Carolina because the vote is there on Saturday. Where the Republican Governor Nikki Haley endorsed Marco Rubio. And just yesterday you had said that this was the most meaningful, probably the most meaningful endorsement if there is one. I mean, I assume you would have liked to have had it. Your reaction to Marco Rubio getting it?
BUSH: Absolutely, I would love to have had it. And it's meaningful, having a popular governor endorse you is the best you can get. So kudos to Marco Rubio for garnering that endorsement, but it may not matter. Because endorsement sometimes don't. Governor Haley endorsed Mitt Romney last time and he came into the state with a big lead and Newt Gingrich won by 20. So, you know, it's a volatile time. I'm focused on telling people that I have a steady hand, that I have the ability to lead.
That I have a proven record and I have ideas to lift them up and I have the support of people to understand that we need a commander-in-chief that is capable of leading this country and having the support of -- showing the support to the Armed Forces. So, that's my message. It seems to be resonating. There's a tracking poll here from the South Carolina legislature that shows a three-way race, dead heat for second place. And I've been moving up and other candidates have kind of been stalled out at their point. You know? So, I'm going to work hard.
KELLY: You mentioned the commander-in-chief. You of course used to be governor of Florida. There's news in that there region today. Just breaking on ABC News that within the next month, our current commander-in- chief, Barack Obama, plans to visit Cuba --
KELLY: -- which would be the first time in 80 years a sitting president has done that. The last one was Calvin Coolidge, the price of a house in that year was $7,000, the price of a car was 265 bucks, so it's been a while. Your thoughts?
BUSH: Yes. Well, it's a tragedy in my mind that we have diplomatic relations and the President is trying to build legacy here when, if you have a different view than the Castro regime, you're put in prison. The ladies -- Damas de Blanco, the ladies in white continue to be beat up after mass on Sundays. Political dissension does not exist. There's very little capitalism. Small businesses don't flourish there. You basically have to deal with the Castro government if you want to do business there.
KELLY: So you feel he's legitimizing this?
BUSH: It breaks my heart. Yes, it does. Just as we legitimized the regime in Iran by negotiating this agreement -- the nuclear agreement. We're doing the same by diplomatic relations. We got nothing in return. And my hope is that Cuba will be free one day. And that's when the President should be going there, not in a time when there's no efforts to free the country for its people.
KELLY: Uh-hm. What do you think it says at this point, Governor, that Donald Trump is leading in South Carolina by such a big margin, including with evangelical voters?
BUSH: Look, it says that people are so angry and so disaffected and have such anxiety that they're willing to latch on guy who is neither an evangelical, nor a conservative, nor a Republican in many ways. I mean, and certainly not someone who would have the steadiness that you need to draw people towards our causes when relates to foreign policy.
KELLY: He says he's a conservative, he's a common sense conservative.
BUSH: Yes, really? Well, his views have shifted on every position, whether it's the pro-life cause, the Second Amendment. It wasn't that long ago he was for a 14-and-a-half percent tax on assets. He admires the single payer system. That's not common sense conservatives. And this fight, I think Ted Cruz is probably right.
KELLY: It's an interesting idea to think of Ted Cruz sitting there taking Donald Trump's deposition. What would happen when Trump objected? Overruled.
BUSH: Yes, what are we talking about here? We're trying to elect a president, we're living in dangerous times. And I think here in South Carolina particularly where National Security issues are really important, it seems to be, at least the people have shown up at my events, and there are large crowds that do it. They want a commander-in-chief, they don't want an entertainer-in-chief.
KELLY: Governor, it's great to see you. Thanks for being here.
BUSH: Thanks, Megyn.
KELLY: All the best.
Well, one of the most surprising political reports tonight comes from the state of Nevada where people are now asking whether Bernie Sanders is about to win a long-shot bet. Ed Henry has quite a report live from Las Vegas in a bit.
Plus, as Justice Scalia, a history making legal giant is laid to rest, the White House says President Obama will not attend his funeral.
Former White House Press Secretary Dana Perino is next on that.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The President will not be at the funeral on Saturday?
JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: The President will pay his respects at the Supreme Court on Friday.
(END VIDEO CLIP)
KELLY: Breaking tonight. New reaction to President Obama's decision not to attend the funeral of the late Supreme Court Justice Antonin Scalia. White House Press Secretary Josh Earnest revealing the President and First Lady will instead pay their respects to the court icon on Friday when the Justice's body will lie in repose in the Supreme Court building.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The President will not be at the funeral on Saturday?
EARNEST: The President will pay his respects at the Supreme Court on Friday. And he'll be joined with the First Lady when he does that.
UNIDENTIFIED MALE: Can you rule of him going golfing on Saturday instead of the funeral?
EARNEST: I don't have a sense of what the President's plans are for Saturday.
(END VIDEO CLIP)
KELLY: Dana Perino is a co-host of "The Five" and a former White House Press Secretary under George W. Bush. She also served as White House spokesperson to Justice Roberts and Alito -- Chief Justice Roberts as they made their way through the confirmation process. Dana, great to see you.
DANA PERINO, HOST, "THE FIVE": Those were the days. In fact, I think that when we sort of crossed paths then.
KELLY: For the first time because I was covering the Supreme Court --
KELLY: -- and you were shepherding Roberts through -- Chief Justice Roberts through. This, I find no precedent for this in history, that a sitting U.S. president would not attend the death of a sitting Supreme Court justice. Why wouldn't he go? The White House says, he has no plans on Saturday.
PERINO: If I'm trying to be charitable, maybe it's because he didn't want to be a distraction at the funeral. But even when I try to be charitable like that, my argument falls apart. I think the President clearly doesn't want to go. The staff wasn't able to tell him, no, he really should go. And I think there's a lot of reasons he should go. One of them is that he's only going to be president for the next nine months, participate. He's going to miss being president of the United States and this is one of those things where you participate and you lead in my opinion.
KELLY: And you set the example. You show the country that even though you have these ideological divisions, you can pay respect to somebody like this, who served his country honorably for 30 years.
KELLY: And yet, despite the President's commitment to doing that, that we heard in the state of the union and earlier last week, he refuses.
PERINO: The President said that one of his regrets is that he wasn't able to bridge partisan divides. And then he fails to practice what he preaches. This is an easy thing to do.
PERINO: It takes an hour out of your day. It would be the right thing to do. And you make a good point, he was a justice for 30 years on the bench. He was a public servant. He had dedicated his life to this country. And liberals and conservatives have both been praising him as a jurist. You can't disagree with his opinions.
KELLY: The biggest liberal on the U.S. Supreme Court, or at least one of them --
KELLY: -- Justice Ruth Bader Ginsburg loved this man.
PERINO: Yes. She said they were best buddies.
KELLY: And she could see past the ideological division. He's the commander-in-chief.
PERINO: Do you think for one second if there was a liberal justice that had died, that he wouldn't go?
KELLY: No, I don't. He would be there. He should be there to pay his respects to this justice. The same way a Republican president should go to pay his respects, God forbid, one of the other justices should die on the other side.
PERINO: Well, and if he's thinking politically and he's made this big case that there's a president, there's a reason for my nominee to get a hearing and to be voted on soon while I'm still president, if he really believes that, if you're just even thinking politically, go to the funeral.
KELLY: But here's the other thing.
PERINO: It's easy thing to do.
KELLY: Already the whole thing is being seen through a political lens, including by Hillary Clinton, who came out and suggested that the fact that the Republicans are not going to give President Obama's nominee a hearing, they've said they won't, keep in mind President Obama filibustered Justice Alito.
KELLY: But now they want a hearing, which they were not prepared to give Justice Alito. Now, they want a hearing and Hillary Clinton says, if they don't give it to him, it's bigotry, it's racism. Listen.
(BEGIN VIDEO CLIP)
HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: Now the republicans say, they'll reject anyone President Obama nominates, no matter how qualified. Some are even saying he doesn't have the right to nominate anyone.
As if somehow he's not the real president. Many republicans talk in coded racial language. They demonize President Obama. This kind of hatred and bigotry has no place in our politics or our country
(END VIDEO CLIP)
PERINO: I wonder what she would have said about Miguel Estrada, one of the best jurists in the country. He was nominated under George W. Bush, he was absolutely blocked. What if I had said from the podium is it because he's Hispanic, is it because he has -- he's not white, Hillary Clinton that you're against Miguel Estrada?
KELLY: She's talking about coded racial language two days after her husband, Bill Clinton goes out there and tries to lecture us about the human genome and how unless you have...
PERINO: He's the real first black president.
KELLY: ... all back history in your family tree than your mixed race than you're not, I guess really black in his view. But now we're getting lecture on, anyway, my head is spinning.
By the way, did you know that Donald Trump is going to sue Ted Cruz and Ted Cruz is going to take his deposition?
PERINO: I know. That would be very pretty fun.
KELLY: Dana, it's great to see you.
PERINO: Thank you.
KELLY: Also tonight, days after Justice Scalia's death, we are still hearing stories of questionable reactions to his passing. The latest comes Justice Scalia's alma mater, Georgetown University, get this.
Trace Gallagher has the details. Trace.
GALLAGHER: Megyn, on the day Justice Scalia died, the dean of Georgetown Law School William Treanor issued a statement saying, quote, "Like countless academics I learned a great deal from his opinions and his scholarship in the history of the court, few justices have had such influence on the way in which the law is understood."
The dean went on to thank Scalia for his many appearances at the law school and ended by saying, "We will all miss him." But Professor Gary Peller and Michael Seidman took offense at the dean speaking for the whole Georgetown University.
Seidman not wanting to criticize a public figure immediately after death said simply that he disagreed with the dean's sentiments, but Professor Peller saying that "People of color, women, and sexual minorities likely cringed at the dean's statements."
He went on to call Scalia, quote, "Defender of privilege, oppression, and bigotry who openly sided with the party of intolerance in the culture wars he often invoked." Peller went on to say that "Scalia was not a legal figure to be lionized or emulated." Megyn.
KELLY: Unbelievable. Trace, thank you.
Joining us with more, Arthur Aidala, you know him. He's a New York trial attorney and he actually studied under Justice Scalia and became close friends. This I have known about for a long time. And I confess you were the first person I thought of after Justice Scalia's family when hearing the news. How are you?
ARTHUR AIDALA, FOX NEWS LEGAL ANALYST: Oh, I'm so sad. And you know, I wasn't one of his close friends, he was one of my close friends.
KELLY: You loved him
AIDALA: I loved him. And he was a mentor. I met him I was 23...
KELLY: Then you are together.
AIDALA: I was 23 -- yes, I was already old there. I was 23-years old. I did a study abroad program in Italy. And the head of the program asked me to cook for the justice. So, I wind up cooking for Justice Scalia and his two aunts and his wife.
KELLY: Thanks to mama...
AIDALA: Thanks to mama and grandma, and, Megyn, this is the first time I met him. And he walks right into the kitchen, he rips the bread off, he dips it in the sauce. And right away this brilliant man, this incredibly powerful man, is such a down-to-earth, regular, I use the word cool, because he was like a fun person to hang out with.
And that was my first time hanging out with him. And my last time hanging out with him, a quality, where just he and I with this past May, we went to lunch. I went -- like my routine was, is I was pick up my favorite case of that term, he would get me to sit in his wife's seat inside the well, as you know very well.
And we would watch the arguments. And then I would go into his chambers, and he left to do something for five minutes. And then he'd walk in, and this is what I'm going to miss hearing.
He would walk and this is what you would hear, "Arturo, where is Arturo, I'm hungry." And we would right down into his car, and we would chitchat in the car. And this last particular time he gets out of the car and he goes, "I'm in a celebratory mood," and I said, why? He said "Because I didn't know which way I was going to vote on that last case and the oral argument made my mind up."
AIDALA: I said, really? I said, so, how are we celebrating? He goes, "We're going to drink Campari for lunch," which is an Italian. And, Megyn, he was always...
KELLY: And he would said, you came to the right thing.
AIDALA: Right, exactly. And we went to his favorite restaurant, Tosca, and as a little dig to me, a little dig, he goes, "I know you're a big TV star now. So, I told them I need the middle table so everyone could see that I'm having lunch with Arthur Aidala."
KELLY: I know when you have...
AIDALA: And we had the best time.
KELLY: ... he got a piece on you. And he was so proud of you. Your own dad couldn't have been prouder of you.
AIDALA: He was dreaming. When I walked into the office and I showed it to him, it happened to be released on the day I was going to see him, he was like, "oh, my God, when I met you in Italy, I never thought you had this in you." And, you know, he goes, "Wait till I tell Maureen."
KELLY: His wife, yes.
AIDALA: So, I just -- so, I learned from him and he's always in the front of my mind.
KELLY: Before I let you go what is your message to the people like these folks at Georgetown who don't even want to see him remembered as a great jurist? Regardless of the way you think of it that the way he approached cases.
AIDALA: Justice Briar wrote, he's a legal titan. And that, they couldn't be anymore, even the President of the United States said, he will be a jurist that will be remembered forever.
And I will tell you I had conversations with him about gay marriage. I had conversations with him about abortion. Those -- abortion was a personal issue to him.
KELLY: He's a devoted Catholic.
AIDALA: Gay marriage was not. That wasn't his cause. He even wrote it...
KELLY: He didn't see it in the Constitution.
AIDALA: He didn't see it as a right. If the legislatures in New York State want to make it a law, that's fine. But don't tell me 225 years ago, when they wrote the Constitution this was a right. He didn't believe justices should have that power.
AIDALA: He thought the voters should have that power. It's that simple. His son said it perfectly last night.
KELLY: Great to see you.
AIDALA: And I told him the story about you.
KELLY: With that kind of rude of me?
AIDALA: A real quick, at lunch I told him that story. And he I told it very dramatically...
KELLY: You told that to Justice Scalia that story?
AIDALA: To Justice Scalia. And he was like, I said by the way, Megyn Kelly work at John's Bay...
KELLY: He had no idea who I was.
AIDALA: He know...
KELLY: Don't answer that question.
AIDALA: In May he knew who you were. But he said he didn't know who you are about the...
KELLY: At that time, yes.
AIDALA: And he cracked up laughing when I, you know, he told you on, he ask what, "Sweety, can you take a picture of us." And he goes, "oh, my God. Am I in trouble?" I know you're not in trouble. And the other thing he left with me was, he met Geraldo Rivera once and he loved him. Absolutely fell in love.
KELLY: This is why I manage there.
AIDALA: He said, the most -- no, no, no. He said one of the most charming men I've ever met. That's one he joked.
AIDALA: Thank you so much for having me on, Megyn. It meant too much to me to talk about my friend.
KELLY: You are the only one I really, really wanted to hear from because I know how much you loved him and respected him.
AIDALA: Thank you. I loved his whole family.
KELLY: As a lawyer and a man. God bless.
AIDALA: Thank you.
KELLY: Good to see.
Up next, isn't he the best? Is Hillary hitting a wall in Nevada? New numbers show she's losing ground and how to Bernie Sanders. We'll go live to Las Vegas. And Ed Henry with that report. And then Kirsten Powers and Nomiki Konst are here for a fair and balanced debate.
Plus, a grisly murder. A media hungry defendant and semi-details made the Jodi Arias trial, a case that gripped the nation. And now the prosecutor who put her behind bars for life is speaking out about how she almost got away with it, and he's here.
KELLY: Breaking tonight, a new CNN/ORC poll just out from Nevada shows Hillary Clinton with 48 percent, down two points from October. But the bigger story may be that Bernie Sanders now has 47 percent, and that is up 13 points. And now some are asking whether he can close the gap here in the final days.
Chief White House correspondent, Ed Henry is live in Las Vegas, covering the campaigns and ignoring the entertainment. Ed?
ED HENRY, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: At least for now, Megyn. What's interesting is there's a pattern. Iowa, double digit Clinton lead, then it's a virtual tie in the end. New Hampshire, double digit Clinton lead, then a blowout victory for Bernie Sanders.
A month ago, here in Nevada, it was a double digit Clinton lead. Now as you say, a dead heat. Caucus on Saturday. But what's interesting is after that, the race goes South. South Carolina, Georgia, and beyond.
And last night, Morehouse college, a historically black college, we've heard all about how Hillary Clinton has an advantage with African-American voters. She has a southern firewall so-called. Last night, nearly 5,000 people at Morehouse College at a Bernie Sanders rally, an African-American woman, who has switched from being behind Clinton to going to Sanders, got up and had this warning for Hillary Clinton.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: You are nobody's firewall! Yes, we built this country. The sweat and tears of black folk built this country. And we are not nobody's firewall! That you've got to earn our vote, you don't own our vote.
(END VIDEO CLIP)
HENRY: That may be why Hillary Clinton is racing to other states. In Illinois today, on Saturday night when the caucus results are coming in here in Nevada, she's actually going to be in Houston, Texas. They vote on March 1st, hedging her bets perhaps because she doesn't know how all of this is going to turn out Saturday.
The other important point, I spoke to Senate democratic leader, Harry Reid from Nevada last night. He tells me he's not going to endorse before the caucus. That's an endorsement from the establishment Hillary Clinton wanted to have.
And then late today, the AFLCIO says they're not picking sides either. Hillary Clinton wanted to wrap this up, Megyn, it's just simply not doing it.
KELLY: Wow. Ed, thank you.
Joining me now, Fox News contributor Kirsten Powers and Nomiki Konst, founder of the Accountability Project. Ladies, it appears we have a real race going on. Am I wrong, Kirsten?
KIRSTEN POWERS, FOX NEWS CONTRIBUTOR: No, you're right. You're right. I think -- look, the Clinton campaign has certainly been saying that, OK, Bernie won in Iowa, or you know, they tied in Iowa, Bernie won in New Hampshire. But Nevada is where everything is going to be set straight.
You know, and if not Nevada, then South Carolina. But as the poll you had up earlier now seems to have narrowed in Nevada where she was well-ahead of him, where it is a more racially diverse state, and they have said she will do better in racially diverse states.
And now it looks like she may not be doing well there. And so, now they're shifting to South Carolina. But, look, you know, we're still -- South Carolina is seven days after Nevada. Who is to say that those polls aren't to tighten up. It's close.
KELLY: It's within one point now. One point, Nomiki.
NOMIKI KONST, THE ACCOUNTABILITY PROJECT PRESIDENT: yes.
KELLY: And the question is whether there's been a shifting of the perception in the Democratic Party about whether this guy can really do it, whether she is in fact, their only option or whether this guy is a viable option.
KONST: You've nailed it on the head. It's all about -- it's all been about perception up until to this point. You know, she, her campaign has made the case that she's the most electable candidate. Well, clearly, we're seeing she can't make it through a primary without a tough fight.
She has more money, has more endorsements. I mean, he's raising more right now, but she still has raised more money than him.
She has all of the media support for the most part. She has all the establishment support. And, you know, the Democratic Party was really hoping that she would be the candidate that would carry them to the general election and win against a Jeb Bush per se.
But that's not proving to be true. And I think one thing that they didn't pay attention to the democratic establishment was that young people really have different ideologies than the blue dog democrats of the '90s and the '80s. And it's really hard for Hillary Clinton to shift away from that record and her husband's record, which, you know, fairness has not been great for African-Americans.
But, you know, they've pandered to these audiences and Bernie Sanders is a reflection of the future of the Democratic Party.
KELLY: What about that, Kirsten, was that -- was she pandering with that sound bite about the republicans not giving President Obama a hearing on his judicial nominee is bigotry, it's bigotry against President Obama?
POWERS: Yes. I mean, maybe she believes it. But, you know, it certainly strikes me as pandering. I mean, I would say that it's not just younger voters that have changed.
If you look at the exit polls of New Hampshire and Iowa, if that holds in future states, it's demonstrably more liberal than it was in 2008. You know, you have 10, I think it was 10 points higher in Iowa, people identifying is very liberal. The number of moderates were down. It was similar in new Hampshire, it might have been six point.
But it's a very clear shifting that the party has moved to the left. And if you look at the CNN poll, where Bernie is really winning is on the economy. And it's in most age groups. You know, she does well with people over 65. But pretty much everybody else is really connecting with his message.
KELLY: I got to go but I have to ask you about the barking, Nomiki. Because we promised the audience that this existed. And here it is and you can tell me why she did this.
(BEGIN VIDEO CLIP)
CLINTON: I try to share how we can do that with the republicans. Oh, you know, the great recession was caused by too much regulation. You know.
(END VIDEO CLIP)
KELLY: So, she was trying to make a point about, you know, the barking dogs and they hear them with the same line, but like, that I don't...
KONST: It was her Howard Dean moment except she's backed by the Democratic Party, so she's not going to implode like Howard Dean did. I don't know. I mean, maybe she's tired. I think that she's having a problem with messaging right now.
KELLY: Sure. Intimate temp at levity on the campaign trail. But then of course people in cable news abuse. Great to see you both.
KONST: Nice to see you.
KELLY: Also tonight, the Jodi Arias case featured a bloody, terrible murder, a handsome victim and beautiful accused killer. And now the prosecutor who put Jodi Arias behind bars for life is speaking out about how she almost got away with this. And he is here, next.
(BEGIN VIDEO CLIP)
JODI ARIAS, MURDERED TRAVIS ALEXANDER: How many times was Travis stabbed?
UNIDENTIFIED MALE: More than I want to remember. I think you're feeling the reality and the moment now.
ARIAS: No. I'm just feeling all of the things that I'm going to potentially miss, miss out on. With my family and I think of all the things that Travis' family is going to miss out on with Travis.
(END VIDEO CLIP)
KELLY: "I'm thinking about all the things I'm going to miss out on and that his family is going to miss." That was Jodi Arias in 2008, under interrogation for the murder of her ex-boyfriend Travis Alexander.
Arias tried to claim that she killed her ex in an act of self-defense. But veteran prosecutor Juan Martinez did not buy it. And after a seven-year legal battle, Arias was convicted on charges of first-degree murder and sent to prison for the rest of her life.
Here now, Juan Martinez, author of the new book "Conviction: The Untold Story of Putting Jodi Arias Behind Bars." Juan, thank you for being here.
JUAN MARTINEZ, VETERAN PROSECUTOR: Thank you.
KELLY: You're a deputy district attorney in Maricopa County, Phoenix, Arizona.
MARTINEZ: I still am.
KELLY: Some of our viewers may know that's the hometown of Sheriff Joe.
MARTINEZ: That's true.
KELLY: You get the case. What -- why do you say it's the untold story. Because the nation watched that she tried to claim that she was emotionally abused. You saw right through it and got the right result. What's the untold story that we don't know?
MARTINEZ: The untold story is what I was thinking and why I didn't the things I did. It's easy to watch on television and say, well, he said this and he said that but, for example, why's he being that way with her, why is he being so strident with her on cross-examination.
Why did he hold back certain pieces of evidence? And then presented them later. For example, the gas cans. I could have presented them in opening statement. I chose not to.
KELLY: So, she borrowed two gas cans a month before the murder and then tried to act like this was not pre-planned.
MARTINEZ: Right. And then...
KELLY: That was a relevant fact.
MARTINEZ: Right. And in addition to that, I was able to find that she also bought a third gas can from Wal-Mart on the way to visit him.
KELLY: What was the most pivotal moment in the case in securing the conviction, the most important?
MARTINEZ: I think when she took the witness stand and she was subject to my cross-examination.
KELLY: And you had evidence of a camera. She murdered him and she took photos.
MARTINEZ: Well, she didn't actually take the photos or the camera itself did it. So, it was almost an act of above providence. She had the camera on her when the attack took place. The camera dropped and it hit the shutter or the button and there were three photographs that were taken inadvertently.
The most dramatic one showed as she is stepping over him, the blood is coming from his neck and she sort of grabbing him about to drag him down the hallway.
KELLY: She is only 28 years old when she did this. Crime of passion? She was jealous? What was the motivation?
MARTINEZ: This was not a crime of passion. If you're planning it a couple of weeks in advance. So...
KELLY: He didn't want to be with her?
MARTINEZ: Well, I think he didn't. He had already told her that he didn't want to marry her. That she was just somebody that he liked as a friend. Obviously, when she showed up, he was weak and he was 30 years old and they engaged in some sort of...
KELLY: They went to bed together and then she murdered him. She was in the shower and she brutally murdered him while he was at his most vulnerable. Does this woman have any chance of getting out of prison?
MARTINEZ: No. This was a -- she was sentenced to natural life.
KELLY: And why didn't she get death? What was the vote on that by the jury?
MARTINEZ: I know the vote was 11-1. But I don't know...
KELLY: In favor of death but one hold up?
MARTINEZ: That's right. Right.
KELLY: Unbelievable. She is lucky that the jury spared her. Juan, good luck with the book, " Conviction." Thank you for being here.
MARTINEZ: Thank you.
KELLY: We'll be right back.
KELLY: So, tomorrow night on the program, we have Senator Marco Rubio, We have Charles Krauthammer and we have Tim Allen. Figure that one out. You will tomorrow night. See you then! Thanks for watching, everybody. I'm Megyn Kelly.
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