positions, two voters at cnn's town hall. frontrunner, donald trump, he was not on the stage, and he will be there tonight. >> getting nastier and more negative. cruz daring trump to sue him over his abortion ad and vowing to run it your frequently. we begin our coverage with athena jones who is live in columbia, south carolina, with more for us, good morning. >> reporter: good morning, michaela. the rhetoric in this case getting more with each passing day. three out of six republican candidates sitting down for an in depth cnn town hall. the night's hot topic, the truth and who is telling it. marco rubio says it's not ted cruz. >> i said he was lying,

because -- >> cruz says it's not donald trump or rubio. >> both trump and rubio are following this pattern, when everybody points to their actual record, to what they said and done, they start screaming, liar, liar, liar. >> and trump says it's not cruz. the billionaire sending the freshman senator a cease and assist order. >> he has done that most of his adult life, but this letter really was -- i practiced law 20 years and this letter really pressed the pounds of the most frivolous and ridiculous letters i have ever seen. >> dr. ben carson said the american people will decide.

>> they are smart enough to understand bluster and rhetoric versus truth. >> we should have done more to prevent that attack, but after the fact we ought to be using every tool we can. >> i do know this, it will take a partnership between the technology industry and the government to solve this. >> a day after president obama criticized himself from distancing himself from a immigration bill. >> his party controlled the white house and senate for two years and did nothing. i also know in this country there's a significant number who

feel as they are treated differently than the rest of society and here's the bottom line, whether you agree or not, i have seen this happen. there are things we can do. >> something else unexpected, the candidates taste in music. >> i primarily like classical music. >> you like edm -- electronic dance music. have you ever been to a rave? >> no. >> ♪ ♪ i just called to say i love you ♪ i cannot sing to save my life. >> reporter: we will here from donald trump and john kasich and jeb bush but not before another long day of campaigning here, and barbara bush is coming to help her son finish strong in a

contest that could be make or break for him. >> ted cruz's -- >> they should have had marco rubio dance. >> fair point. >> let's get others, mr. ron brownstein, and david gregory of "meet the press." i want to know this, starting with you brother gregory, on the stage last night, we got to see the candidates addressing the voters. who do you think popped in this format? >> i thought marco rubio was very good and had a longer way to go, because he looks like he is robotic, of course, and then he had a moment with chris

christie back in new hampshire, so i think he had a lot to overcome and i think he did and i think he showed people why he is seen as the future of the party, and has a sense of the room and is somebody that talks about his own background or can talk about race in a way that is very effective and show courage, you know, when he says he is for west coast rap over east coast rap, we're similarly aged so i know the era he is talking about and i think that shows guts. >> ron -- i should say, marco rubio does well in town hall meetings, and it's odd that he doesn't take questions from the voters. ron brownstein, i think both candidates had different goals. marco rubio tried to stay above the frey and ted cruz went in there and mixed it up again, again on the issue of who is a

liar and everybody not a liar and everybody calling him a liar and listen to what he told anderson. >> this is a strange election season in many ways. both, donald trump and marco rubio are following this pattern that whenever anybody points to their actual record to, what they've said and what they've voted on and what they've done, they start screaming liar, liar, liar. i can't think of any president in any previous presidential election. from my end, i have not and will not respond unkind and if they want to go to the mud, i'm not going to say the same thing about them. >> interesting to hear him talk about them, because he talks about they. >> there's a difference in scale and states. this is my favorite thing to

cover in the whole primary year, and the reason is it's both the evangelical presence you get in iowa and the more white collar economic presence you get in new hampshire, and except for 2012, it always picked the winner. if you can't make it here, and turn around to frank sinatra, you can't make it anywhere. for cruz, if he can't beat donald trump here, there's not a lot of reason to think he can do better in the southern and border states to follow on march 1st and march 15th. i was at an event last night in spartanburg, and dreaming of being president a long time and this is where the dreams hit the reality where it could be difficult to see a path to victory if you can't score well here on saturday.

>> we have two looks on the political state of play as far as the numbers. in south carolina no matter what poll you look at, trump is way up, and the troubling concern to ron's point, he is way up to evangelicals, and then comes the poll. polls, they are a suggestion and not a prediction and there will be srae not sraevariability. and it's a reflection of the thin line between what trump is capturing and what others are offering. is this suggestive of a move we have to look at? >> i think we will find out. obviously the outcome of south

carolina to see if there's a shift, and what is important about that as we look forward to see if cruz has parts of the crowd, and there is only going to be more momentum if trump wins in the states and even among evangelicals, yeah, cruz has a lead in south carolina, and ron talks about the importance of con sul dating them, and there are evangelicals saying i am not sure trump is one of us and yet we want to stop isis or immigration but he is one that can win, and pat robertson supported reagan even though he was from hollywood and

divorced. i think as silly as this looks, it's helping cruz. he wants to draw trump in to a debate about abortion and he would like to keep the conversation on that terrain. >> ron, if you fell asleep in the last 24 hours you missed 1,000 digs in this campaign, and all of them big, and marco rubio picks up the biggest endorsement in this race maybe to date, and what is the most significant thing that has happened because it seems so big? >> we have an open seat presidential election and an open race and so much is going on and this is crunch time, and south carolina has been the absolute decider, and didn't do that in 2012, but usually has. i think the most important thing was the governor endorsing marco

rubio, not for the immediate help it provided but also because it changed the frame. when bill clinton picked al gore in 1992, and bill clinton was a former government that had been battling scandals for months, and then standing next to al gore, he looked like a generation transition, and rubio and nikki haley together, they looked different together. whether there are voters in the republican that want that change, it's an open question. it was a powerful image that reframed the way people are looking at marco rubio. >> it allows rubio, even if he can't do it in south carolina by winning, which the polls show he probably won't, it does allow him to nudge out the others in this lane. he wants to be the guy in between cruz and trump and maybe take that all the way to the

convention, and nikki haley, somebody part of the future and might be a running mate, a presidential nod in this campaign season helped him to do that. >> yeah, native american, 44 years old, and the people that wrote the autopsy wanted, and not the peb. thank you so much for being with us. there's more to come. tune in tonight for the other three republican candidates, they will appeal directly to south carolina voters, and they will answer questions directly from south carolina voters in the cnn town hall moderated by anderson cooper, and it all begins at 8:00 right here on cnn. breaking overnight, turkey prime minister says kurdish ties were behind the attack, and today another bomb attack in southern turkey left at least six soldiers dead.

and arwa damon is live with breaking details for us. what do we know, arwa? >> reporter: well, at this stage those kurdish militants being blamed for this attack by turkey are the wpg and they are america's main ally in the syrian battlefield, an ally that turkey has considered itself a terrorists organization, and one they say is one in the same with the kurdish separatists. authorities say the person responsible for this is a syrian national with ties to the ypg and they obtained an atkgsal 14 people, part of a network, and the turkish president and other leaders of the country come out and said they hope this attack will show the united states and other allies need to be

considering these turkish forces as terrorists. and they are saying turkey is trying to use this as an excuse to move into syria and invade territories that have been recently brought under the ypg's control, and complicated situation in what is already a murky and devastating battlefield. >> complicated and dangerous with so many innocence got in the middle. and then questions about just who might have material right now. some fear terrorists could make a dirty bomb. state department officials say there's no sign that isis or any other group has the material. a teenager arrested for posing as a doctor.

he was nabbed by an agent posing as a patient visiting the 18-year-old's office. robinson was arrested after he gave the agent a physical and offered to treat him. the teenager out on bail this morning insists he is not a fake and this is the second time he has been in trouble for practicing medicine without a license. >> so he is a fake. the question is what is motivating him? he does remind me, from what i was able to read into it this morning, the guy here in new york city who keeps stealing buses and trains, and also put him in a super max in upstate new york. >> this is quite a story. >> the line between criminality and illness. you want to look at nevada right now, and there was a big

gap and there were assumption about the state that were projected on to the rest of the race, and now it's neck and neck and so is the understanding of who will win the nomination and why. we will tell you all the details right after this. they speak louder. we like that. not just because we're doers. 9 spur of the moment things. changes you'll notice. wherever you are in the world. sheraton. i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?!

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an interesting admission from hillary clinton at a time when he was doing all she can to sell herself to voters, and the former secretary of state reveals in an "vogue" interview she doesn't think she is good at selling herself. i am great at saying we need to solve these problems but not so good at promoting myself. i just find it hard to do. so what does this mean when she is trying to sell herself to voters in nevada, south carolina, and beyond? joining us again, david gregory, former moderator of "meet the press." and when candidates or

politicians say i just don't do a good job with the messaging, i am always suspect. barack obama said that for years, my real problem is the messaging, it's not the product, it's the messaging. it's like saying if you only understood me as well as i do, you would know i am the right candidate. >> i hope she will get better at this. she's got a problem and the problems are sort of fundamental. here and there around the margins there might be optics and there's a likability issue and trustworthiness issue, and at the core of it she has issues not resonating with the voters. any way her team tries to finsp it or she tries to spin it, and bernie sanders is connecting with people and the kind of flat form she does not offer.

>> her platform or case for the platform? >> i don't know if there's a difference. if some want more than the minimum wage, you can tell them tpaoeusly or not nicely that you are not going to go out and fight for that, and as long as she's in that position, she's going to have a certain amount of problems. >> yes, there's a little difference on the policies with respect to minimum wage specifically, but fundamentally, what hillary clinton and bernie sanders are offering are on the same footpath of policy, and it's about who has position and who connects with the voters and where is the authenticity and likability, and that's what she is saying i am not so good at this part which is a discount affect? >> yeah, and that's the important point here. what is the affect of trump on the republican side or trumpism in this presidential race.

it's such anger and frustration among voters they are able to do something really rash and they are really going to send a message to the establishment and washington and not just throw the bums out but turn it upside town. hillary clinton are a firm part of the establishment and she and her husband have been around for a long time and have the bruises to show for it, and she's not a movement politician and she is not talking about the prospect of her candidacy as being the first woman as president, and she is not capturing that particularly for younger voters. if you look at the polling around concern for the economy, it breaks almost evenly and people that think that sanders will be better for the middle class than would hillary clinton, and it all goes to the single issue candidacy, and it all goes to his sense of

momentum, and a sense of passion that people are looking to, not out of realism but out of anger in washington. >> south carolina is so interesting with the republican race, and the democrats vote in nevada two days from now. we have a big and important contest in nevada two days from now. you know who hates running campaigns in nevada? everybody. every single political strategist and consultant hates it, because it's a complicated contest and caucus and it's ties, 48 to 47 according to the latest rcn poll, and what kind of difference can you make right now? hillary clinton was campaigning until about 35 minutes ago, and it ended like they are trying to drag every vote out and it's hard. >> it's hard for a couple reasons. this is one of the states where you can on the morning of the caucus go in and decide you are going to caucus for the democrats and it's hard to find

out who is the universe is. and this was the number one foreclosure capital until 2011 or so, and now it ranks pretty high, and what that means is something like 20% of the voters have changed addresses or their mail came back so nobody even knows in some respect who the voters are or where they are, and some may have been displaced out of the state and it takes more work to go out and find them and the candidates will and should be working up until the last minute and they have to pull out every person they can. >> the headline, to set up the context on this, this was supposed to be the firewall, the beginning for where hillary clinton would assert her dominance because of the demographics of the state, and this is not some lilly white state like iowa and basically new hampshire, and this was diversity and bernie sanders is long and strong with the same

groups, and what is the message in that? >> if he can compete in nevada he can compete everybody. nevada is much like iowa and new hampshire, and demographically it's a white state and that's not true and it's as much as 40% minority in the caucuses this year, and the only caucus is four hours, and 25% are still undecided and that's a huge number and you can walk in and say i'm a democrat and you can register same day, and that number is important at 25%. they vote in nevada before hilalary clinton gets to test te southern firewall in south carolina, and it could change the race. this is not a iowa and new hampshire phenomenon, this could be something different. >> thank you for being with us. nevada, south carolina, and

beyond. former supreme court justice, sandra day o'connor is weighing in on the controversy who should get to replace justice scalia, and we will hear what she has to say up next. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.

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retired supreme court justice sandra day o'connor weighing in on the debate of who should pick antonin scalia's succe successor. >> let's start with sandra day o'connors, the retired supreme court justice that appointed by a republican president, ronald reagan, is breaking republicans who want to block any nominee president obama puts forward and leave the pick to his successor. here is what she had to say. >> i don't agree. i think we need somebody there now to do the job and let's get on with it. >> justice breyer, who also spoke publicly yesterday, he made no mention of scalia's

replacement, and either way in o'connor's words, they are unlikely to sway the republicans, and many have said the choice should be made by the new leader, and republicans are already pointing to a wall street journal poll that shows the public is split on whether there should be a confirmation vote this year, and this becomes before scalia's funeral in washington on sunday, and president obama and the first lady are expected to pay their respect to the late justice on friday, and the other big piece of news today the white house is expected to announce that the president will visit cuba next month and this is after the administration re-opened diplomatic ties, and after spending time on the island this summer, that is something that

the cuban people are going to be excited about. >> thank you very much and appreciate the reporting this morning. the republican race nasty and getting nastier, and ted cruz calling out donald trump, and telling his rival, sue me. do we think he will? what would happen? what does it matter? answers ahead. hey diddle diddle, the cat and the fiddle, the cow jumped over the moon... then quickly fell back to earth landing on the roof of a dutch colonial.

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two big head hraoeupz brought into laser focus last night during the town hall. what were they? ted cruz saying to donald trump, sue me, and all this around letters that trump is sending threatening to sue over ads and the big endorsement everybody wanted in south carolina, the governor, nikki haley, she comes out for marco rubio. let's bring back ron brownstein and matt lewis, a cnn political

ca calmen tater. >> i was going to ask matt to say the name of his book to make a sell plug. ted cruz knew he was not going to get the endorsement and created political theater with the sue me, sue me, and nothing new there, and donald trump has sent me letters saying he was going to sue me. here is a little of the cruz sound. >> i don't think anybody is surprised donald is threatening to souue people, he has done th most of his adult life. i have been a lawyer 20 years, and this letter press the bounds, and most of the words in the ad are his own on television and the argue many in the letter is running his own words is defamation, and it's the most ridiculous theory i have ever

heard and telling the voters what donald trump's record is is deceitful and lying. is this brilliance on the part of ted cruz shifting the focus of the marco rubio endorsement? >> i don't know if you have to try to make news to get attention, and i think it was a smart move by ted cruz. he seems to be the one guy that can go up against donald trump and push back and not end up looking like a whimp when he does it. and i think he could get him under oath and start to ask him questions, i think was a funny twist to it. this is not a conservative value, and this is one of many examples of how donald trump goes against everything that we think about conservetivism, and i think it was a good day for

cruz. >> i don't think i ever heard in a campaign one candidate say to another i will depose you and have that be one of the giant threats. and donald trump says, time will tell, teddy, and i thought that was a good response. i have been beating up matt the last few days calling him the political establishment because he is a good sport about it. you said it was time to hit the panic button on donald trump and that was before the endorsement for marco rubio by nikki haley. >> i wanted somebody that was going to go and show my parents the best decision they ever made for their children was coming to america. ladies and gentlemen, if we elect marco rubio every day will be a great day in america. >> so i could hear the conservative media establishment cheering when this endorsement

came out. are you unhitting the panic button, matt lewis? >> no, i think nikki haley's endorsement is an example of somebody hitting the panic button. the time to hesitate is through, as jim more sun, famously said. it's time for us to settle on an alternative to donald trump. if we go much longer it's going to be to late to do. this is an example, i would think, of the kind of conservetivism i believe in this century. you have a hispanic being endorsed by an indian republican female governor in south carolina and also endorsed by a

african-american senator in that same state and this is an amazing story, and do you want to go donald trump or this direction, and this is a stark contrast. >> this is the come on baby light my fire ron lewis is referring to. do you believe this is the turn about marco rubio needed to consolidate the race? >> no time to wallow in the mire, huh? i don't know. it's a little early to say it's that, and it's clearly the point matt is making. we are getting to the point where there are no moral victories. if donald trump wins south carolina convincingly and moves into super tuesday with a big head of momentum, by the time you see consolidation it may be too late. he is polling about the same here as he did in new hampshire, and there may be difficulty him getting past 35% of the vote and it's not clear whether one candidate can do that on their

own, either, and i wonder if marco rubio and ted cruz need each other to be viable for the moment, and as i said earlier, in south carolina last night where ted cruz was appealing to blue color evangelicals, and if they can't push trump out of that hard to beat him in the south. >> thank you matt lewis and ron brownstein. i said too much. talk about your panic button analogy, trying to steal some of the light from these guys and have his own town hall. kanye west has been having a bit of a time, lately. did you hear about this epic rant he had on "saturday night

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and then audio of west pumping his ego and trashing taylor swift. by 50% more than i-other human being. don't [ bleep ] with me. don't [ bleep ] with me. by 50%, dead or alive, by 50% for the next thousand years. >> 50% more influence than stanley cooper would put it outside the margin of error. west did not yell at "snl" staff

and he was venting his frustration in a private moment with his team. >> the concern with the audio is not the expletives, it's what is he talking about? >> it's not making any sense and it makes you wonder about his state of mind. >> you have to treat people right, you know. >> you do. the fbi and apple in the showdown over a judge's order to unlock a terrorists' cell phone, and is a customer's security more important than national security? we will have a debate ahead. for over 75 years, investors have relied on our disciplined approach to find long term value. so wherever your retirement journey takes you, we can help you reach your goals. call a t. rowe price retirement specialist or your advisor ...to see how we can help make the most of your retirement savings. t. rowe price. invest with confidence.

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a debate being had across the country should apple assist the fbi unlocking the iphone belonging to one of the san bernardino terrorists. we want to ask a former cia counterterrorism official, and the legislative counsel for the acu. from a technical standpoint, gregory, what is apple's argument against it and is it valid? >> well, apple's arguing that if it has to unlock this phone, it's going to be compelled to unlock other phones, and that the technique its using could be

used on the other devices it makes. i think apple is making a good point and you have to look at the big picture here, if the fbi is able to compel apple to unlock this phone it will compel apple to unlock other phones, and other governments in other places like china or russia are going to make the same kind of demands on apple that the fbi is making right now, citing, i might add, a law adapted in 1789. >> i am almost dying to know what the law in 1789 is with and what it could say today and consider the world we are living in now, how does that sit with those trying to protect our data and nation in the eyes of national security? >> first, if you look at the history of the fbi and the government's access to data, for

decades the government has accessed phone data and didn't violate civil liberties and people don't think we lost our civil liberties because the fbi was picking up information, and now this is just a different kind of data. it's a smartphone. i think the real issue is not privacy, it's branding. apple cannot sit there and not just for a u.s. audience but for indians, and russians and chinese and say we are going to rollover and play dead when the fbi comes in and asks for your data, and this is the fbi saying to those outside the united states, we'll watch out for you. >> i am curious. we heard the white house has responded. let's hear what josh earnest has to say. >> they are not asking apple to redesign its product or create a new backdoor to one of their

products. they are simply asking for something that would have an impact on this one device. obviously the department of justice and the fbi can count on the full support of the white house. >> so gregory, that is a question that begs to be asked because the idea that the fbi is asking for access to this one phone is a matter of national security, and this one phone, can you help us access this one phone. is there a way they can do that or is it really opening pandora box? >> it does open pandora's box. it's not just about apple branding, and if that was the case you would have everybody in the country that looked at the country saying that the risks to security of the fbi's demands on apple outweigh the benefits. here is what is at stake. what is at stake is security of all our phones, not this just

particular phone. apple will give the fbi some malware it will use to get into this phone and that malware could be used on other phones and the fbi will be asking if it concedes in this case, it will be asking apple to develop other malware to exploit other apple devices, so the stakes are very high, and to say it's just about branding, i think, really, it doesn't capture the full picture here. again, it was just about brand, then it wouldn't have other companies lining up with apple, which they are, and you wouldn't have the other technological community lining up with apple, which they are. >> and it's not just how this decision is handled and decided, and not just if it is, rather, it's how it is. the fact that we are having this conversation, and it's a struggle being watched the world

over, and nothing happens in the vacuum, and we know the guys inspiring the lone wolf activist or terrorists are seeing how this is being dealt with in the united states? >> this conversation is profound and goes well beyond apple. in the counterterrorism world your job is to draw a picture around a human, how he travels and where he gets his money and the most complete way to draw that picture is to get access to somebody's digital life. if you cannot access their digital life you cannot draw a picture around what the conspiracy was, and if they cannot acquire this investigation, i think that's in contrast of when we could acquire the phone or e-mail data, it's going to be very difficult, michaela. >> i am sure we will be talking about this for days to come, and certainly following a whole lot of news this morning, three of the republican presidential candidates facing off in a cnn town hall. let's get to it.

what we really need are people that need to know how to solve problems and not people who know how to talk. >> truth matters. just yelling liar doesn't make it so. >> these things are disturbing and need to be addressed and i will address them. >> in fact, this country is of for and by the people. >> 2016 is a turning point. >> these stories cannot be just ones that provoke our emotions. they must move us to action. >> we are doing something extremely radical. we are telling the american people the truth. >> we will make progress for the future. ? >> it was one minute after his death when the politics started. >> the level of obstruction you see is mind-boggling. >> we need somebody there and let's get on it. good morning, and welcome to

"new day," and alison is off and john berman sits with us this more. republican hopefuls appealing directly to voters in cnn town halls. they defended their own record. >> donald trump is not there and will be there tonight, but felt like he was. trump will get his chance for a rebuttal and will be teamed up with two other candidates tonight. the headlines from last night, ted cruz daring donald trump to sue him and saying he would love to depose him if he did. let's begin with athena jones live in columbia, south carolina. good morning, athena. >> reporter: good morning, chris. it has gotten vicious out here on the campaign trail. these relentless and often beautiful attacks, last night they kept hitting each other as

they tried to win over undecided south carolina voters. three out of six republican candidates sitting down for an in depth cnn town hall. the night's hot topic, the truth and who is telling it. marco rubio says it's not ted cruz. >> i said he has been lying because if you say something that you know is not true, there's no other word for it. >> reporter: cruz says it's not donald trump or rubio. >> both donald trump and marco rubio are following a pattern, that when anybody points to their actual record to what they have said and voted on and what they have done, they start screaming liar, liar, liar. it's the oddest thing. >> and trump in a dueling town hall say it's not cruz. >> we want to keep somebody honest. >> the billionaire sending the senator a cease and assist order about one of the ads about him. >> i don't think it's a surprise

donald trump is threatening to sue people. he has done that most of his adult life. i have done law 20 years and this letter pressed the pounds as one of the most frivolous letters i have seen. >> i think the american people are smart enough to be able to understand bluster and rhetoric versus truth. >> all three candidates agree that apple should abide by a court order to aid federal investigators in hacking the iphone of one of the san bernardino shooters. >> we should have done more to prevent that attack and after the fact we should use ever tool we can. >> it will take a partnership between the technology industry and government to solve this. >> a day after president obama criticized him from distancing

himself from an immigration bill he once supported, he shot back. >> his party controlled the white house and the house and the senate for two years and they did nothing. >> and later addressing the topic that has been the mainstay, the race relations. >> there are african-american males that feel they have been treated differently, and whether agree or not, i have seen it happen. maybe not a political solution to the problem, but there are things we can do. >> and their taste in music? >> i like classical music. >> you like edm? electronic dance music. you have ever been to a rave? >> no, never been. >> i just call to say i love you ♪

i cannot sing to save my life. >> reporter: there were lighter moments last night. tonight we will hear from donald trump and kasich and jeb bush. in jeb bush's case, we are expecting the arrival later today of a special guest, barbara bush, and she is joining him on the campaign trail to help her son finish strong in a contest that could be make or break for him. >> let's bring in the former reagan white house commentator and trump supporter, and cnn political commentator, ben ferguson. let's take a look at what the headlines were last night. nikki haley gives the big endorsement to marco rubio, and ted cruz says to donald trump sue me and i will depose you, my friend. let's start with the endorsement. how big of a deal does it make

rubio the man who ultimately becomes trump versus fill in the blank? >> well, i think rubio has to now come in first or second at bare minimum with the big endorsement, and otherwise it will look like something else. now the big issue is going to be can he back it up. i think if he comes in third or fourth, he is going to be in trouble now moving forward because he got that one you really want and he was not able to back it up. >> ben ferguson, this morning would you rather be ted cruz out in front, or donald trump out ahead in every poll in south carolina, or would you rather be marco rubio just picking up the endorsement of nikki haley? >> national polls are great talking points, and however, if

you are leading here that's all that matters, and today is the game through saturday and then they move on to the next one, and momentum is everything. if i had to pick i would want to be donald trump this morning and have that lead. i could care less about the national poll if i win here. >> he does his own town hall with his party, and he is threatening to sue somebody once again, which is not one of his best signature traits. defend both propositions, sir. >> we have 48 hours before people start voting. i think what senator cruz did yesterday, if this were a football game, it would be a hail mary pass. you know, he's behind and he is behind by a lot. you have to do what you have to do, and donald trump is going to

keep going and keep the momentum going. >> jeffrey, he could not have thoepb the ball if your guy didn't give it to him. he did make over khurs that he will sue him, and trump is providing the potential for this, not ted cruz. >> i just think at this stage, chris, it's a lot of noise. i think the interesting thing really is governor nikki haley's endorsement. that takes momentum away from senator cruz, and in effect what i think is happening is the governor unintentionally is helping donald trump. >> you have a trump guy praising an endorsement for rubio because it hurts cruz. this is such an exciting game of chess. ben ferguson, you had cruz saying all those things yesterday and it was an unusual event for cruz and he has been the most focused candidate i

have seen in a long time, and yesterday he was not as focused as i have seen and he was a little all over the place, but is it worth the risk for him, ben, because he gets to say that donald trump used to say pro choice, which he was, and he gets to say donald trump said there are wonderful things at planned parent hood, which he did at the debate. >> yeah, i think the point is put up or shut up and that's the big issue that ted cruz and his supporters are sick and tired of donald trump being a bully saying he is going to sue somebody, and it brings up the issue that as the president of the united states can you sue somebody when something doesn't go your way. i think his point was, i am irritated by this because of the absurdity of it, and i am sick and tired of having a guy every time he doesn't get what he wants, or every time he wants to

look right saying i am going to sue you, and i think that is something that is not going to connect well with voters when you think you are going to bully by saying i will hire my rich lawyers and sue you, and ted said do it or shut up because i don't think you are going to sue me. >> you are saying this is noise and back and forth in a campaign and that's what happens. let me ask you to take on this then. marco rubio had a lot to prove after what happened in the debate, and a town hall is not a debate and it's a different format and your ability to connect, and do you believe that marco rubio showed what he needed to show last night or do you still have a question mark on him of what happens when he gets pressed? >> yeah, i do think there's a question. i notice this morning there was an endorsement, as a matter of fact it was for senator cruz from a senator from oklahoma, and he makes reference in there to marco rubio's position on libya and i was just reading

this speech delivered, in which four or five months before benghazi, and he said it worked out just fine, and it didn't and it's a mess and it's filled with isis over there, and he thinks foreign policy is his greatest strength and here we have a mess over there and he was saying how wonderful everything was. the door was open to question him on what he thinks is his strength, his foreign policy credentials. >> we have not spoke about jeb bush yet this morning, and i would like you to finish this sentence this morning, jeb bush is, dot, dot, dot? >> over if he didn't win in south carolina. this is a must-win for him or at least second place, otherwise i don't see him moving forward to

the white house. he has a lot of money and a good ground game but he doesn't seem to have momentum still even with him spending so much time with him. >> barbara bush showing up today, and will that make a difference? >> yeah, i think he should have brought his family out earlier. i said that from the beginning. don't run away from your brother, and people liked his brother a lot and you saw there was excitement when they were on the stage together, and there was an excitement in the room, and people love the former first lady. i don't know why they waited so long. i think he should have done what donald trump does, this is who i am and if you don't like it, deal with it. he should have said that, this is my brother, if you don't like it, deal with it, and this is my mom, if you don't like it, deal with it, and he waited too late. >> he's so much better when he's

around his family because it matters to him and he wants to support that relationship as well. too little too late. we will see. do not forget, there's more tonight, much more. kasich and donald trump and jeb bush. it begins at 8:00 only on cnn. sandra day o'connors is not olding back when it comes to the bitter battle when it comes to who should nominate a successor to her former colleague, antonin scalia. >> the retired supreme court justice was nominated by republican president, ronald reagan s. breaking with republicans who want to block any nominee obama puts forward and leave it to his successor.

this is what she has to say. >> i don't agree and i think we need somebody there now to do the job, and let's get on with it. >> steven breyer also spoke yesterday and he made no mention of scalia's replacement. both marco rubio and ted cruz two running senators to replace president said that should be made by the next president. republicans are already pointing to several new polls that show that the public is slit on whether the senate should hold a confirmation this year or wait for the next sitting president, and this comes even before scalia's funeral, and president obama and the first lady are expected to pay their respect on friday. other news out of the white house today, a senior administration official tells me later today the white house will

announce the president will visit cuba next month and that is after he opened diplomatic ties in 2014 and after spending a little time in cuba last summer, chris, this historic visit is going to be a huge deal on that island, chris. >> it will be a big deal and this is the time and tenure when presidents start to travel abroad to places they have not been yet, and this will check that box. and of course, we go to the man that wants to call for compassion and unity, pope francis, giving exactly that message about migrants in a historic mass on the mexico and u.s. border. we have cnn's ed lavandera with details. ed? >> reporter: good morning, chris. it was a poignant ending to a five-day trip for the pope, and he had a massive mass just feet

from the u.s. and mexico border, and more than 200,000 people turned out, including about 400 or so that sat next to the bench to the border fence looking into mexico with a great glimpse of the mass there, and one of the more poignant moments, pope francis looking at the group into the u.s., and it was a moment with great symbolism, and looking into the united states, and a moment to pay tribute and respect to the thousands of people died crossing the border, and also a moment to highlight what he calls the forced migration and the humanitarian crisis existing throughout central america and into the united states. pope francis's words, a criticism of governments on both sides of the border. he says the issue of migration and immigration is really a threat to thousands of younger people who make these treks, so pope francis criticized by

donald trump for being overtly political, and the vatican shrugging that off and saying sometimes pope francis' words do have a political tone to them. >> thank you so much. breaking news this morning. turkey's prime minister says a syrian national with links to kurdish separatists is at the heart of the attack in the capital. 30 people were killed after an explosion. 14 other people have been detailed. turkey is responding with force this morning launching air strikes on kurdish militants in iraq. a los angeles hospital paying a group of hackers a ransom in bitcoin currency to get its system back on line. the hospital's ceo says paying the ransom was the most

efficient and quickest way to restore the system. the patient care and records were not compromised. this is an extraordinary and unusual hack. two days away, oh, so high. the democratic caucuses will be held. who will prevail. what is going to untie this race in the next 48 hours, that's next. you both have a

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is the united states ready for a woman to be president? even hillary clinton is not so sure. she tells "vogue" magazine, people have concerns which they can't articulate. this just days ahead of the nevada caucuses, two days to be exact, and cnn polling showing the race dead tied right now, a one-point separation between the two candidates. joining me now, georgia's state senator. he just switched his support from hillary clinton to bernie sanders.

she says she is not sure if americans are ready because there might be issues which they cannot articulate. do you think a america is ready to have a woman as president? are you ready? >> i am supporting bernie sanders because he is right on the issues, but whether or not the american people are ready, i think they are ready for changing and bernie sanders is that change. >> let me read you a quote from her. she said i am great for advocating for other people and great at saying we need to solve problems, and i am not good at promoting myself, i just find it hard to do. do you think there's a messaging problem for hillary clinton, senator? >> what i do know is that bernie sanders has done a great job in communicating to the american people and to democrats what is

important to him. medicaid expansion and health care reform, minimum wage, and reigning in wall street, he's done a great job and his message is pushing through and that's why i'm supporting senator sanders. i looked at his positions and found that his positions were most similar to mine. >> brad, over the last few minutes the clinton campaign put out a new campaign ad which is interesting, and deals with the issue of immigration. let's watch. >> i am scared for them -- [ applause ] >> i am going to do everything i can so you don't have to be

scared. >> that's the first time i am seeing that ad and the first time a lot of people are seeing that ad. >> powerful? >> why? >> i think it's powerful and i think it speaks to what she said in the "vogue" interview, that she is really a strong advocate for other people. what she did there is she put her arm around that 10-year-old whose parents had received a deportation letter, and she said let me worry for you. this is the thing that i want to be helpful on and i want to help you and other americans and she has been an advocate all her life, and she is probably right and she is probably better at advocating for other people, children, and women around the world, and that little girl and her family in nevada, and i think that's going to break through that she really does want to advocate and break barriers for the american people, just like she wants to break barriers obviously for women and others.

>> why didn't it break through in new hampshire, brad, and why is it seeming to separate her from bernie sanders in nevada which was a state thought to be a stronger state for her? the latest poll has her with a one-poi one-point lead and caulk kwrugs caucuses two days away. >> it was interesting, vermont is one state that bernie sanders had a lead in, and the lead is 86 to 10, and is a 76-point lead in vermont, and that neighbors new hampshire, and in nevada we have never been a public poll in nevada in the last few days, so the idea that she had a big lead there and it was not going to be close was just speculation, so it may be close in nevada and we expect it to be close and i

talked to a lot of people out there and i think she will pull it out and that's what it's about, it's about winning. if you win close in the super bowl you get to take home the vince lombardi trophy, and i think she will win in nevada. >> she has given a lot of speeches in my tphoinority groud she said you can't begin to build a relationship weeks or months before an election and the implication is that is what bernie sanders is doing, and now he is talking much more about race and to minority voters. what is your response? >> the fact of the matter is is that bernie sanders has a relationship and his relationships are reflected in the things he has done. when he was in chicago about 50 years ago, getting arrested, standing up for freedom, justice and equality, you know, that

reflects his commitment to issues that are important, african-americans, as well as his positions since and his positions now, so i am comfortable that african-american voters, when they look at his record, health care for all, reigning in wall street, $15 minimum wage, i am comfortable when they hear those positions, get familiar with those positions they will feel more than comfortable. i think we will see that happening even as we speak. >> senator, brad, thank you for being with us. just two days until the nevada voters gets to pick. you have donald trump threatening to sue cruz, and cruz says bring it on, i will depose you. how will trump respond at tonight's town hall? a trump adviser will answer. the complete balanced nutrition

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former supreme court justice, sandra day o'connors, speaking out about the political fight to appoint a new supreme

court justice and she is not being kind to republicans. >> it's unusual to have an opening in an election year. >> it is, and it's unfortunate that creates too much talk around the thing that is not necessary. >> so when you hear one side saying they would like to wait until the next president in office. >> i don't agree, i think we need somebody there to do the job and let's get on with it. >> let's talk to an independent from maine and serves on the intelligence and armed services committee. good to see you, as always, senator. people keep referring to the constitution. this is not about the constitution. we know the president has authority and is really -- the word is "shall," he is to nominate somebody during his term. what is going on here?

>> what is going on here is a lot of politics, chris. there are a lot of words and phrases in the constitution that are subject to interpretation, long windy and law review articles, and four is not one of them, and the president serves a term of four years and not three years and one month and he has a constitutional obligation to appoint somebody. you pointed out, article 2 section 2, it says "shall nominate." sandra day o'connor made a practical point, and let's fill the vacancy so the court can fully operate and let's get on with it. >> and the country is split along the partisan lines as expected and the best case scenario is, president obama

nominates somebody, and they are going to have the hearings, and they don't confirm -- >> i am surprised somebody can make that judgment before they know who the nominee is. it could be one of the recent nominees to the d.c. circuit got voted 97-0. it may be that he picks a nominee that is so qualified that it would be very hard to explain a vote against them other than politics. i keep hearing that, but there was this rush of comments in the first couple of days, we are not going to hold hearings or vote and we will delay and some of the folks have moved back from that, as i think people have calmed down a little bit. again, this is a pretty straightforward provision of the constitution, and i would like to fall back on what that says. >> right. but you know, there's -- i don't

know, i don't want to be too strong about it, but there's a rouse, let's say, and you pick a judge down the middle and you don't know where he or she is politically, and the politics were there, and sandra day o'connor, is that really a surprise that she is supporting the democratic president's proposition on this? these are political people you put in these positions and it's time to drop the pretense. >> i don't think it's fair to characterize sandra day o'connor, she was appointed by a republican president and she is a republican -- >> you know where she was in the court, and you know where she seemed to be. >> she was generally a swing vote. but of course we have these debates and there are politics involved and who and where the position of the judges are is important, but, you know, how we proceed on something like this, back in 1991, clarence thomas

was nominated and there was huge opposition and huge support and pressure in both directions, and george mitchell from maine by the way, who was the majority leader at the time refused to mount a filibuster, and clarence thomas was confirmed 52-48, and mitchell could have stopped it and put a filibuster in and he said that was not the right thing to do, typical of george, and we went ahead and had a vote, you know, and that's the nature of our system. people say the president should decide and the people should decide, and the people elected this president a little over three years ago, and he should have his call. >> the politics both ways. >> they ought to work both ways, i agree. >> and that in the current situation would be in favor of locking up the process. we know what chuck schumer said in 2007 and you have president obama saying he regrets he voted for a filibuster on the alito

nomination when he was a senator. this is what these guys do. i am not pointing sandra day o'connor as a lefty, and the people they put in place, it's about politics and always has been and why create a different standard now? >> there have -- i did a little homework yesterday, and there were eight nominated in election years, and six approved since 1900. the last one was in '88 at the last term of bush's term, anthony kennedy, and he was confirmed in the last year of reagan's presidency. the precedence goes both ways and the politics are important, and i am not saying a republican senator has to vote for whoever obama nominates. i would never say that, but i do think just saying we are not going to have the process or

hold hearings and we are not going to vote or let it come to the floor, it would end up being more than a year, and i think it's pretty troublesome. >> give me a quick take on what is going on with apple? where do you think the line is between what you require a company to do when it comes to law enforcement? >> i think the company has to respond to valid subpoenas and warrants, and on the other hand, we ought to be clear what the fbi is asking apple to do in this case. they are asking apple to modify their own software and create a key that does not currently exist, and i have a real problem with that. this is a very complicated issue. we have been talking about it in the intelligence committee with the head of the fbi for over a year. everybody can see this is very complex and can suddenly go into a single federal district judge based on a 1789 statute.

it's not an emergency and it's one that will take a lot of debate. there are a lot of problems with this. if the fbi in this particular case can make apple open up this phone, and what is to stop somebody in a burglary in oklahoma? it's a serious precedent. there's an old saying in lawsuit, hard cases make bad law. i don't want it to open up every american to the government and once that key is made it can end up in the hands of hackers, and if you are going to sell iphones here, china could say you have to do the same thing, and samsung based in korea, there are no end of complications of this, and so i think that we need to slow down and really

consider the policy. this is not something that i think we are going to be able to solve in a single action in a district court in california. >> articulating well the slippery slope involved here, the independent from maine, thank you, sir. the mudslinging getting muddier. donald trump says ted cruz i will sue you, and ted cruz says i will depose you. we will ask about that next. the average person will probably eat something or drink something that is acidic on a daily basis. those acids made over time wear the enamel. a lot of patients will not realize

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on the campaign trail. donald trump says he will sue ted cruz, and ted cruz says you don't sue me, i depose you. and we have sam clovis, the campaign adviser for donald trump. great to have you with us. let me play you what ted cruz said last night when asked about the threats from donald trump, the letter donald trump sent, the cease and assist order about the ads, and this is how ted cruz responded. >> i confess i laughed out loud. this has not been a typical race by any sense and i don't think

anybody is surprised he threatened to sue, he has done that most of his adult life. >> sam, hopefully you are back with us. you have an opportunity to make news right here. will donald trump agree to be deposed by ted cruz? >> i have no idea. this is a legal process that is very much in the preliminary stages and we have to see how it plays off. >> would you advise donald trump to be deposed? >> i am not a lawyer. i am a policy adviser and we are trying to run a campaign across the united states and so this is one aspect of the campaign and we leave it to our incredibly strong legal minds that we have out there. >> one of the things that donald trump is suing over is claims in the ted cruz ad.

ted cruz says in the ad that donald trump used to be pro choice. is that true? >> i think the record is there, but i think the video is 17 years old, and that's probably the case there, that he probably was at one time pro choice, and i think if we remember ronald reagan was pro choice and he signed one of the most egregious abortion bills when he was governor of california and had a change of heart later on, like a lot of people do. as we get older we start to see the world differently and push back away from the desk a little bit and we start to have a different perspective, and i think that is certainly what has happened with mr. trump. >> i think candidates and human beings should be allowed to change their positions over time, for sure. that's not the issue here. the issue is what was said and not said specifically by the candidates over time. let's talked about planned parenthood. you are a policy adviser to

donald trump and we are trying to get to the bottom of his policy on planned parenthood. does donald trump think planned parenthood does some wonderful things? >> of course he does. planned parenthood, if you are able to separate the $500 million they get from the federal government out of their -- what they do on the abortion front, i think it would be an interesting discussion, but we are not able to separate that. we have planned parenthood one of the largest providers of abortion, and donald trump is opposed to abortion with some abg se exceptions. women's health care issues are very important, and they are very important to mr. trump, and take a look at his veterans' plan where he makes specific mention of dealing with our mounting number of female

veterans and the whole notion of taking a look at what he has done for his employees, tens of thousands of employees, and most of a lot of which are women and making sure their health care issues are met. i think this is really what we are talking about is a larger picture of taking care of women's health care issues and abortion should not be part of that, and with public money we should not be funding an organization that does aborti s abortions. >> a brand-new poll out moments ago that shows donald trump out in front, 35% to 18% to ted cruz. a wall street journal poll showed something different, and it showed ted cruz out in the lead. which poll do you think is correct, adviser to donald trump, sam clovis? >> i take a look at what the consistent polling numbers have been and the methodology.

i am struck by the nbc wall street journal poll. i looked at the cross tabs yesterday, and i am a closet mathematician, so i look inside the i was struck at some of the cross-tabs in the wall street/nbc poll. and they are not comparable to many of the others, the waiting was difficult. the sample size was small. it was really struck me as perhaps an outlier. because most of the other polls have been very consistent with the poll you just report. >> sam clovis taking the brave position that the poll that shows your candidate out in front is the correct poll. thanks so much. >> thanks john. >> don't forget to tune in tonight. cnn town hall. john kasich, jeb bush and donald trump in south carolina. moderated by anderson cooper. all begins at 8:00 right here on cnn. michaela. senator marco rubio stealing the spotlight last night.

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we now know it is the senator from florida marco rubio who gets the coveted endorsement from nikki haley, the governor of south carolina. so is he the man to bring the party together. we are also getting news that rubio says he's going to do a barn storming of south carolina with three big names there. trey gowdy, senator scott and of course governor haley. is this the moment that the party has been looking for? let's ask governor george pataki. 2016 presidential candidate and three term governor here in new york. supporting marco rubio for president. why rubio? >> you mentioned how is rubio the person who can unite republicans. i think we saw last night marco rubio is someone who can unite americans. and that is what we have to do. we have politicians in both parties, people like donald trump dividing people for their own benefit, their own political benefit. marco rubio does the opposite. he wants to bring americans

together. and to me we have a common destiny. and he's the right person to lead america. >> let's test it. obviously that is what you want to do. you say you are not just here to throw out his name. you want to fight for him all the way through. >> that's right. >> all right good. saturday night was a bad night for him not just because tchs a debate performance. you were in the business a long time. you have been in a lot of big moments you have never had anything like that where somebody is coming at you and seems to freeze up. that didn't give you pause for tough moments and rubio is this. >> no. and there have been other debates where marco rubio has performed extremely well. i think the media blew it out of proportion. yes he didn't respond to a attack in one particular way. but i think he came across last night in this town hall as someone who americans can

identi identi identify with. he's earned everything he's gotten. and i'm appreciative of that. >> so when you look at him last night in the town hall, what do you see that you believe a jeb bush, a john kasich, a donald trump that none of them can match? >> well i think two things, actually three. first i think he came across as the decent human being. he told a story about as a 7-year-old kids making fun of him because of the cuban boat lift. and that so me was moving that his parents had the vision and trust in america to say it is not the kid's fault. this is america. don't worry about it. you can achieve whatever you want. and i think that is a story and a background that others don't have, particularly a donald trump or a jeb bush or a hillary clinton that people can relate to. the second is he didn't demonize others. he didn't go on the attack. he didn't come across as the good prosecuting lawyer. he came across as someone who love this is country and believes in it. and finally, and to me extremely

importantly. keeping america safe and understanding foreign policy. e he has that experience. from his experience in the senate on the foreign affairs, on the intelligence committee. and he's laid out to me the best agenda to protect america. >> you are in a difference position now but when you are on the campaign trail and for a long time when you have discussed the relevance in politics you say you have got to have experience. you have to have a run something. being a governor matters. there is a reason that is a position that propels you to o higher office more than senator. that is the position of rubio. a freshman senator. he doesn't have legacy time in government at all let alone showing he can run things. >> he ran the florida house. he was a speaker. which is a leadership executive position and also in the senate has done things others didn't do. to give you one example he got into legislation. working in a bipartisan way. legislation that defunds the taxpayer unlimited bail out of the obamacare state exchanges.

that is one of the important domestic pieces of legislation in the last eight years signed by president obama. he's shown the ability to work across party lines and get things done. >> so one other point of push back. you say he's going to unify us. not just the public but the country. you take a couple of issues and you get to that line. you didn't do this in your race. but how do i make them happy on the base and how do i make them happy in the general? his position on abortion is designed for base. global warming, i don't know who's designed for. you know the issue very well. you spaebt lot of time on it. how are those unifying principles? >> i think they are deeply held principles and i think americans don't expect that someone who brings us together is going to agree with each other on every issue but they do think we should have respect for people who disagree. and on the issue you mentioned

abortion. senator rubio and i don't have the same position on that. but i understand that it is a heartfelt position. a deep religious faith that leads him in that position and i respect that. but most importantly chris i know that marco rubio is a constitutional conservative. he isn't going to try to impose his wishes on the american people. he's going to respect the constitution and the rule of law and it is going to be up to congress, the supreme court, the president working together to ultimately decide what policy is. >> governor george pataki. pleasure to have you on the show. there is a lot of news this morning in the election and beyond. let's get to it. >> if you say something that isn't true -- -- captions by vitac -- www.vitac.com

>> this is "new day" with chris cuomo, alison cammarata and michaela pereira. >> good morning friends and welcome to your "new day." now 8:00 in the east. alisyn not here. john berman is with us this morning and brings with him tidings of big news. three more republicans will face voters in a cnn town hall tonight. ben carson, ted cruz, marco

rubio explaining their sides last night. big moments. >> the race getting nastienasti. rubio hoping to ride his wave of endorsements to a big win. we begin our coverage with cnn's athena jonas live in columbia, south carolina. >> good morning. we've been talking about the fiery rhetoric in this race for the gop nomination for a while now. and it is only getting more heated and more charged with each passing day here in south carolina. last night the candidates kept hitting each other as they tried to win over undecided voters. >> three out of six republican candidates sitting down for an in-depth cnn town hall. the night's hot topic -- the truth. and who's telling it? marco rubio says it is not ted cruz. >> i said he's been lying because if you say something

that isn't true and say it over and over again and you know it is not true there is no other word and -- >> cruz says it is not donald trump or rubio. >> both donald trump and marco rubio are following this pattern. that whenever anyone points to their actual record, to what they have said, to what they have voted on to what they have done they start screaming liar liar liar. >> and trump in a duelling town hall says it is not cruz. >> we want to keep somebody honest. >> sending the freshman senator a cease and desist order for an ad about him. >> i don't think anyone is surprised donald is threatening to sue people. he's done that most of his adult life. but this letter was really look i've practiced law 20 years and this letter really pressed the bounds of the most frivolous and ridiculous letters i've ever seen. >> dr. carson says the american people will decide who's being deceitful. >> i think the american people are smart enough to be able to

understand bluster and rhetoric versus truth. >> but all three candidates agree that apple should abide by a court order to aid federal investigators in hacking the iphone of one of the san bernardino shooters. the tech company sees it as government overreach. >> after the fact we ought to be use every tool we. >> there is probably very good reason for people not to trust the government but we're gonna have to get over there that. >> it will take a organization to confront and solve. >> just a day of obama criticized him for a bill he supported shot back. >> his party controlled the white house, the house and the senate for two years and they did nothing. >> later addressing a topic that's been a mainstay of the democrat's campaign. u.s./race relations. >> a particular number of young

african american male whose feel as if they are treated differently than the rest of society. and here is the bottom line. whether you agree with them or not. i happen to have seen this happen. i'm not sure there are political solutions to that problem but there are things we can do. >> taste in music. >> i primarily like classical. >> you like edm. >> i do. >> electronic dance music. have you ever been to a rave. >> no i've never been to a rave. >> i don't know. >> republican primary anderson. >>. ♪ i just called to say i love you ♪ ♪ i just called to say i care ♪ -- i cannot sing to save my life. >> so there were some fun moments amidst the attacks last night and tonight we're looking forward to hearing from donald trump, john kasich and jeb bush in cnn's town hall. but not before a long day of campaigning here in the palmetto state. and for bush's part we're expecting a special guest to arrive later today.

barbara bush here to help out her son maybe win over voters in a state that could be make or break for him. >> well put. appreciate the reporting. let's get perspective. bring in jason rose, senior advisor to senator marco rubio. also cnn political commentator and communications director for ted cruz amanda carpenter. let's hear what the senator had to say last night. >> i got the endorsement of a governor of indian descent who endorsed a presidential candidate of the cuban descent and tomorrow we'll be campaigning alongside an african american senator. that says a lot about the republican party. >> people are looking at the performance of the senator last night and the endorsement and saying now you see that he is the only one who can unite the party and take out donald trump.

do you -- well you better agree with it, make the face for why that's true. >> i think you are exactly right, chris. other than 90 seconds of hours of debates i think he explained clearly. he represents a new generation of leadership. he represents a new face of the party and i think it is an exciting opportunity for our party. and what he said about the diversity of the leadership of the republican party and south carolina, a southern state with obviously a very complicated history when it comes to race relations really demonstrates what the republican party of the future looks like. what the republican party of today under marco rubio looks like. >> how do you rebut that presumption that marco rubio represents the things that bring people together, ted cruz does not. >> i think there are a lot of things to like about marco rubio. >> don't get soft on me

carpenter. >> really. marco rubio is a great candidate. him saying these things doesn't mean ted cruz is not. i think they are both of the new generation of republican leaders, coming into their own and they are having a dog fight. the main difference between marco rubio and ted cruz is really how they have used their time in the senate. rubio has tried to be forward-leaning saying i want to unify people. 50i8 be a good president. ted cruz has fought on the issues while he's been in the senate. he has a record of doing that. you saw that last night i think. rubio likes to tell me here is what i know about the issues. ted cruz says here is where i've stood on issues. it is not who's god or bad. it is different approaches. >> ted cruz did something else yesterday. he took away some of the attention of this huge endorsement by going at it again with donald trump. this time not at his urging. donald trump sent letters and threatened orally, maybe we're going to sue you over your ads, ted cruz. ted cruz says oh yeah, i'll depose you.

here is some of the case that cruz is making for why some of his threats of lawsuits are revealing and also ridiculous. >> i don't think anyone is surprised that donald is threatening to sue people. he's done that most of his adult life. but this letter really was -- look, i've practiced law 20 years. and this letter really pressed the bounds of the most frivolous and ridiculous letters i've ever seen. most of the words in the ad are his own words on national television and his argument in the letter is running his own words was defamation. it is quite literally the most ridiculous theory i've ever heard that telling the voters what donald trump's actual record is is deceitful and lying. >> the argument is cruz is only the guy who can take on trump and beat him. that is a little of a stretch frankly because trump is dominating in my poll you look at except one and that seems like an outlier at this point. so how do you defend marco rubio

against what cruz has been able to do with trump? >> well i think the clip that you just shared does that for me. while marco rubio is talking about leading this country and bricking people together and winning for republicans, ted cruz and donald trump are litigating over litigation. they are right now spending time going back and forth over a silly lawsuit ore a threat of a lawsuit rather than talking about their vision for this country. so why they want to deal with that side show marco is talking about what he wants to do to move the country forward. not the side show that's become the trump and cruz show. >> if i could. part of the side show i think has really been disgraceful the way that marco rubio has jumped in and paired it. the way that donald trump has been calling ted cruz a liar. marco rubio is -- >> -- actual lying. everyone agrees on the lying.

>> if you would receipt me fini -- let me finish. some crap on the internet somebody made up about trey gowdy. they are saying ted cruz is a liar because crap went up on the internet. this is ridiculous stuff. it think it's beneath marco rubio. and i don't think trey gowdy should be spending his time on that particular issue. i wish marco rubio wouldn't do it. >> what's the liar? >> that is one example of a long list of the misrepresentations. the cruz campaign -- not the super pack but the cruz campaign has an ad up where they are splicing comments and making it look like he's a mirror reflection of obama which couldn't be further from the truth. i don't think there is anything that senator obama and rubio agree on.

and the direct and malicious dishonest representations of the ben carson's candidacy to manipulate the electorate to try to benefit from. >> this is a carry forward of the charge that marco rubio -- >> -- >> this is a carry forward of the charge in some ways that came out of iowa and ted cruz and what came of out carson and what kind of tactics and you are what you do in this business and that is why they are coming at him. >> cnn reporter showed a flyer that the rubio campaign was putting out and it quoted donald trump calling ted cruz a liar. i disagree with a lot of things that donald trump has said. i think most people do. i certainly wouldn't hold up donald trump's words as absolute truth. in a campaign. but that's what rubio has chosen to do. i don't think it is the right direction. but at the end of the day, this state is must win for marco rubio. he needs to have a win somewhere. everyone keeps talking about how electable he is. electability means you win at

some point. so we have to see where things end up in south carolina. >> thank you very much. amanda carpenter as always. the big moments are when you get to see these candidates and how they deal with hard questions from real people. tonight you get john kasich, you get jeb bush. and you get donald trump. who threw his own town hall last night to try to derail his own party's process. so he'll get a chance to defend that with the american people 8:00 p.m. eastern only with anderson cooper. republicans are all about south carolina. democrats it is all about nevada where it is tied. tied with just two days to go until the caucuses. hillary clinton made an overnight stop in las vegas. that as she is trying to pull out a victory there with the organization, with the staff she's had there for months and months. cnn's senior washington correspondent joe johns is live in chicago where hillary clinton

was yesterday with more. joe. >> a really quick pivot for hillary clinton starting out here in chicago, going on to las vegas last night. a meeting with members of the culinary union in las vegas last night as a matter of fact this is one of the critical unions, perhaps the most powerful union in nevada right now. she was reaching out to people on the off hours shift, encouraging them to go out to caucus. and then there is this. a new ad released in the state of nevada from the hillary clinton campaign reaching out to latino voters. you can see a little girl telling hillary clinton that her parents got a deportation letter and hillary clinton trying to comfort the girl. listen. >> feel feel really really strongly that you are being very brave. and you have to be brave for them too. because they want you to be happy. they want you to be successful.

they don't want you to worry too much. let me do the worrying. i'll do all the worrying. is that a deal? >> the latino vote so important in nevada nevada right now because the latest cnn orc poll shows a dead heat between bernie sanders and hillary clinton. those two will be appearing at the town hall in las vegas tonight. >> looking forward to that. thank you joe. meanwhile retired supreme court justice sandra day o'connor weighing in on the fierce fight who should name antonin scalia's successor. >> sandra day o'connor who was nominated by ronald reagan is ek breaking with republican whose want to block any nominee barack obama puts forward and leave the pick up to his successor. here is what she had to say about it. >> i don't agree. i think we need somebody there

now to do the job and let's get on with it. >> sitting supreme court justice spoke yesterday at yale but made no mention of the replacement. o'connor ears words still are unlikely to sway republicans on the hill. republicans are saying the choice should be made by the next president. republicans are already pointing to new polling that shows the public is split on whether the senate should hold a confirmation vote this year or wait for a new president and all of this political jockeying comes even before scalia's funeral in washington on saturday. president obama and the first lady are expected to pay their respects on friday. and some other white house news a senior official tells us later today the white house will announce the president will visit cuba next month.

after spending a little time in cuba i can tell you that will likely be a huge event for that island nation, chris. >> as chris frates goes to cuba, no cigars for his buddy chris. that's all i heard there, frates. >> next time. >> in other news t justice department is ready to take on apple in this battle of privacy versus national security. even the tech rival google is now coming to apple's defense. we have cnn justice reporter evan perez with the latest: good morning. >> you can see why the justice department chose this case. we're talking about the terrorist attack that killed 14 people on u.s. soil. the iphone in question is owned not by the shooter farook but by the employer who wants to help the fbi and the terrorist is dead so that changes the issue of privacy. apple ceo tim cook says this is about your security and privacy,

not about the phone. the government is asking apple to hack our own users and undermine decades of security advancements that protect our customers. the justice department says in a statement that this is a much more limited issue. the judges order and our request in this case do not require apple to redesign product, to disable the encryption or to open content on the phone. our requests were narrowly tailored to this particular phone. in the coming days we expect apple to appeal this court ruling ordering the company to help the fbi. >> all the way to the supreme court where there is turmoil in and of itself. thanks so much. a florida teenager insists he's not a fraud after being busted for allegedly posing at a doctor. he was arrested after authorities say he gave an undercover agent a physical and offered to treat him. he's now defending himself but

he clearly dances around some of the details. >> i do currently hold a ph.d.. in what i don't feel comfortable disclosing because that is not the issue here. the issue i face now is accusation. there are many types of degrees out there that hold a title as doctor whether they are a physicist, engineer. just because someone has title doctor in front o of their name does not necessarily imply m.d. >> the teenager is out on bail. this is the second time that the 18-year-old's been cited for practicing medicine without a license. . no surprise presidential politics certainly make for some big laughs. one show had a surprise up its sleeve last night. check out the best late night laughs. >> bernie sanders is fighting an uphill battle against hillary clinton. and donald trump is battling with anyone who makes eye contact with him.

>> jeb bush yesterday tweeted out a picture of a handgun with his name engraved on it and the caption "america." making it the first time anyone said his name the way his logo intended. jeb. >> i think i might have pulled something on that last joke. i need someone to tag in for me. can you tag in? >> after his big win in new hampshire hay say hillary's team trying to dig up dirt on bernie sanders. ooh. do you know what they call someone who addition up dirt on bernie sanders? an archaeologist. >> that was funny. >> i like that. >> hillary clinton acknowledging she doesn't do a good job of selling herself. not good when you are trying to sell yourself. high stakes in nevada saturday. can clinton pull off a win. remember this was about how big the win was going to be until

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all right we have a really interesting new look to show you right now. a the brand new quinnipiac poll that looks at head to head general election match ups. hillary clinton trailing nearly every republican candidate. but look at bernie sanders.

bernie sanders beating each and every one of the republican candidates. in some cases by a lot. so what does this mean? joining us now cnn political commentator and democrat strategists. donna, i know we're not in the general election in some cases general election match ups don't matter as much. however one of hillary clinton's arguments is she is the electable democrat candidate here. that is a message we're getting from the campaign. when you see the numbers, and those are stark numbers, hillary is losing to everybody but donald trump. and bernie sanders beating everybody by a lot. does that mean anything? >> look right now people are still shopping not just democrats but republicans too. when hillary says that she's electable she's talking about her experience. she's talking about -- no no john.

no. before you get so negative. it is too early to be negative. be posit. she's talking about the experience she has garnered all her life and bernie sanders likewise is also talking about his experience and the fact he can take on and beat these republicans. so i think that is an argument but that is not a closing argument you need to make. voters want to feel good. they want you to be aspirational. they want you to tell them your vision and i think that's what secretary clinton is struggling with, you know, explaining to the country what she intends to do. differently than of course the current president and of course the republicans. but bernie sanders has found that sweet spot. and voters like him. they like his ideas. they like what he's trying to accomplish in terms of any incoming inequality and of course he's inspired so many students not just the students that i teach on campus at georgetown but he's inspiring a generation to get involved with

politics. >> there was so much in what donna just said there which was fantastic. see how positive i am there. >> but one of the things donna is saying that hillary clinton is trying to make her case to the voters. hillary clinton herself is basically admitting she's having a hard time making that case. let me show you, "i'm great at advocating for other people. i'm great at saying we need to solve these problems but ienl not so good at really promoting myself. i just find it hard to do. isn't that what running for president is, promoting yourself? >> sure it is. i hate to take the wind out of your sails here. that poll is about as worthless as toilet pain apparent this stage of the game. the reality is those polls have been around for decades and never been right. the other thing about hillary clinton is this woman has been on the defensive her entire public life. she's been accused and accused and accused and eventually some people begin to wonder, well if all these accusations are out

there maybe i can't trust her. so yeah she's battle worn. bernie sanders is like the new kid on the block. a nice guy. grandfatherly looking figure and no negatives associated with him so i'm not surprised by that. wh i really care is what's going to happen on saturday. you have going to have a turnout in nevada that may or may not reflect what happened in 2008. where 30% of the caucus goers strerjd on caucus day. st mostly for barack obama. and i suspect if you see a huge turnout of new voters on saturday they think hillary is going to be in trouble. >> first of all i'm not the enemy here. i don't know what kind of collusion went on. >> exactly right. it is early in the morning. you don't have to take a hard shot. >> donna,ky not run commercials. political candidates can. hillary clinton has new ad up in nevada. so many voters are registering

there all the time. so many are moving in constantly and they are a diverse group of voters. let's look at this new ad from the clinton campaign. >> -- [ applause ] >> i'm gonna do everything i can so you don't have to be scared. >> all right. without attacking me here donna. because i hear you go awe. is that the powerful type of message you can make and sway votes? >> 15% of the voters may be latino. but even as someone who's not latino it moved me. do you know why? because this is a young child who said i'm scared. and your inclination as you saw with secretary clinton is to hug that child and say you have nothing to be afrads of.

i think it is a very powerful moment and she has to close not just a generational gap but as, you know, most voters would like to see someone who cares about them. and i think this will also help her with that problem she's been having. >> both of you have run campaigns. and whenever i talk to strategist -- >> he hired me when i was 24. thank you bob. >> just three years ago she was 24. but every time i talk to a political strategist about nevada they groan. they say it is so hard to run a campaign there. particularly a national campaign there. what makes it so complicated? >> a caucus by any definition is complicated. the 2008 caucus attendee, the last competitive race, 65% of the caucus goers were minorities. nobody expected to see that large a turnout. it is difficult to identify voters who go to caucuses. you have new people coming you don't expect to have and then

they show up. so it is not an easy state do that. no caucus state is really easy but nevada is more complicated because you have a very large minority participation. it is difficult to reach. and by the way hillary clinton is reaching out to youth vote. she can get people to vote that young then i think that would be great. but i've tried that before doesn't work. the factor of the matter is that bernie sanders is attracting young voters. no question about that. as is donald trump. it is kind of weird if you think about it. but hillary clinton i think is going to do all right. i'm not going to predict the landscape of political consultants who predict presidential races is littered with the dead. but i think she can hold on and win nevada. >> great to have you here with us. >> you are such a smart man. >> chris. >> and so sweet too. >> so sweet. >> that was tough. jb caught in a sandwich. he did well though. no joke.

all right on the other side the republican candidates got personal last night. what were the big moments? we've got them for you. what do they mean? you decide. >> you know, i just called to say i love you ♪ ♪ i just called to say i care ah and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! we stop arthritis pain, so you don't have to stop. because you believe in go. onward. today's the day. carpe diem. tylenol® 8hr arthritis pain has two layers of pain relief. the first is fast. the second lasts all day. we give you your day back. what you do with it is up to you.

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one of many reasons the cnn town halls have been applauded by voters is that you get to see the candidates in a way you don't usually see them. certainly on a debate stage. where they talk about themselves. they get personal. sometimes they don't want to but the questions take them in that direction, so you get to judge them in a different way: let's look at what happened last night and how it resonated or not. mr. dillon byers is here and mark preston joining us as well. don't look so shocked when i use the word august in connection to you preston. coop got these people to stalk about personal things last night.talk

about personal things last night. he talked to them about music last night and here is what they had toe say. >> i primarily like classical. >> you like edm. >> i do. >> electronic dance music. have you ever been to a rave? >> no i've never been to a rave. no. never been to a rave. >> well i don't know. >> republican primary anderson. >> i actually don't think musicals. i will sing things like oh oh my darling, oh my darling, oh my darling or i might do, you know, ♪ i just called to say i love you ♪ ♪ i just called to say i care >> so who did that help? who did that hurt and why preston? >> listen, i can't -- i can't hold a tune so who am i to criticize ted cruz for his singing ability. but i think it did show us a

little bit of insight into who these folks are. marco rubio is supposed to be this young energetic, new generation kind of republican so he listens to electronic dance music. i have never listened to. not surprised to see ben carson listening to the classical music. as the surgeon you would think that's what he listens to performing surgery. and then of course ted cruz, he kind hoff has a hokey side and he ak nominated that on stage. i think it showed us these guys can be human. and often times as a politician doing interviews they tend to be a little plastic. but i think last night we saw a little of that washed away. >> it is all about selling the person at the end of the day. when we look at why people vote, they rarely talk about policies unless they are forcing them too. they talk about who they like, who they trust and why. so what did you see last night? >> well first of all chris, can i just say i'm shocked that preston isn't an edm guy.

i really had an figured for an electronic dance music guy. look i think the town halls have gone a very long way in terms of showcasing, like you said the candidates as human beings. so much of the 2016 primary season has been about these debates. which have sort of devolved into these slinging fests. i think we're seeing the town hauls emerge as the better venue by which to view the candidates. and for those of us who for mark and i covering the campaign day to day, we're seeing some of these things. ted cruz singing, and senator rubio talk about his love of football. but for a lot of the voters in states like nevada and certainly national who don't have a chance to make it out to some of these campaign events or aren't watching interviews in the middle of the day, these are a big opportunity to sort of see the candidates in a forum where they don't have to battle or go face to face with the likes of

donald trump. >> people connect with people, not policies. let me get two quick takes on other moments last night. first marco rubio talking about the endorsement and what it means. this was huge. everybody wanted to see who got nikki haley's okay. and it was rubio. >> and my campaign for president today i got the endorsement of a governor of indian descent who endorsed a cuban presidential candidate descent and all three are doing that here in south carolina. >> is this the key to him coalescing the establishment times and everybody around him despite his policy positions? >> i think that was a moment last night and certainly for the republican party they had hob happy because there os been so much criticism the republican party is just made of old white men. and i also think it's worth noting we had two senators of

cuban descent on stage and an african american as well viaing for the republican presidential nomination. that's why i think last night was very special in many ways ch chbs. >> the urgency of last night showed not just what we saw on the stage but what we didn't see on the stage last night which was donald trump. he got together with his buddies and had his own town hall to compete. what does that mean in terms of the urgency and the optics of what's going on here? >> well as donald trump has been doing there's a desire to draw eyeballs away. any time any candidate other than donald trump has mad a moment in the spotlight he's done everything he can whether it's counterprogramming or tweets to draw attention away from them. we're in this crucial period where we are in the last hours

heading into the south carolina for the republicans. you have to take up as much real estate as you possibly can. and i think trump was hoping he could achieve that last night. how he did on that front we'll have to wait and see what the ratings in south carolina were. >> thank you very much as always gentlemen. j.b. >> all right chris. apple against the fbi, privacy versus national security. a long time coming for this battle. could the fight over unlocking a terrorist's iphone set new precede precedent? much more coming up.

tonight at number one. part two of the cnn town hall featuring john kasich, jeb bush and donald trump. retired supreme court justice o'connor calling on republicans to allow the president to name antonin scalia's successor. she says it is time to get on with it. the white house is expected to officially announcement president obama will make an historic trip to cuba next month. the first time since 1928 a u.s.

president will visit the island nation. and wrapping a five day trip up to mention, the pope finished on calling on compassion towards migrates at the historic mass on the mexico-u.s. border. the justice department pushing back against apple saying it only wants information from the one phone of the san bernardino terrorist. for more on the five things visit "new day" cnn.com. the battle of privacy as we were talking about versus national security. if the fbi gets its way, how will it change your iphone's privacy? we'll discuss it ahead. olay regenerist renews from within... plumping surface cells for a dramatic transformation without the need for fillers. your concert tee might show your age...your skin never will.

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a battle of privacy versus national safety. the justice department is gearing up for a fight after apple refuses to cooperate with the judge's order to help unlock a terrorist iphone. could it ultimately set a precedent for technology companies? joining us to discuss the senior editor of re/code. you have been a really good mind on the battle between technology and our privacy and security. so let's put you to it again. we know that what the fbi is asking. the iphone for those who don't know, you can try some nine or ten times to unlock the

password. and then after that it basically wipes the phone of all of its data. so the fbi is asking for a work around for that. is that even reasonable to ask them of that? >> well the fbi has tried to find a minimally -- what they considered to be a minimally invasive solution. so basically what they are asking apple for. this is a phone that belongs to one of the san bernardino shooters. whose name i'm not going to try to pronounce. and they are asking apple for a single installation of an operating system or a workaround or some way to defeat that. try to unlock code ten times and it wipes the data. so what the fbi convinced the judge it could do is efficiently brute force once with that feature disabled that could just try over and over thousands of

times until it could break the code. so it's convinced the judge it could conceivably do this. apple's position is very clear. this as genie in a bottle with all kinds of unintended consequences. partially because once you do it in the united states it can be done in multiple countries and in the united states we are accustomed to judicial oversight and legal standards of investigation and search and seizure and swashts and so forth. china in particular. iran another country. russia another country to consider. once this precedent is set in the united states in this one case, apple is concerned that it could be terribly misused in other countries with a completely different legal system. because once the pres sent is -- >> and they are concerned that nefarious players, hackers, could use it against american citizens or other apple consumers. here is the other question though. is the fbi -- couldn't they have gone another way about this?

could they have not asked the app developer to get access? could they have not asked the phone carrier i believe it was in verizon in this case. are those not other courses of action the fbi could have taken? >> i'm certain those courses of action were probably pursued. the fbi has promised to overturn and look under every rock in this case because, you know -- and i think we can all sympathize with that viewpoint. they want to find out everything that was done up to the shootings. but i think what's happening here is that the data is physically stored on the phone and the phone has been encrypted. and that is where literally a lot of this has been stored physically on the device. so i'm sure they have call records -- >> what about the idea of this phone? we know this man was a government employee. so ergo would that phone not have been property of the government? it was work-issued. >> and that comes down to simple

i.t. management procedures of the county. i can't speak to what those are. but there may have been, you know, when an employer issues a phone very often they have ownership of the data that goes on it. so that comes down to a simple question of policy. if the county may noted a co emd a copy of the phone or it was synced to a computer that is a different inquiry. >> what are you hearing from silicon valley and other technology companies? what are you hearing about -- the concern is the precedent, right? what are you hearing on the street. >> the concern is the precedent. we heard from google and another consortium of wider technology companies. they are very unified and feel this does set a dangerous precedent if apple is forced to do it. i would not be surprised if this case goes to the supreme court at some point. that is debate we sort of the

fought in the 90 was president clinton when he tried to impose weak encryption on everybody. but this effects everybody in some way. >> i think your prediction of it going to the supreme court is very likely as well. thanks for joining us today on "new day." that wraps it up for us. but you can get on the conversation by posting social media. we're going take a short break. carol costello and newsroom is after the break. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.

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-- captions by vitac -- www.vitac.com happening now in the "newsroom," the hottest four letter word on the gop trail, liar. >> whenever anyone points to their actual record they start screaming liar liar liar. >> if you say something that isn't true and over and over again and know it is not true there is no other word. >> and that is just round one. tonight round two of the town hall. and the democrats in a dead heat in the desert. fighting for the minority vote. can clinton keep nevada in her column? or can sanders sway the state? and let's get on with it.

justice o'connor on the justice battle. >> we're now just two days from the republican primary and south carolina and the candidates are scrambling to lock down votes. in round one of cnn's town hall with anderson cooper the candidates made their closing arguments, selling themselves, jabbing each other and condemning the nasty done that's descended on the gop field. >> if they want to engage in personal insults i'm not going say the same thing. i think the people of south carolina deserve more. >> these things are disturbing and need to be addressed and i'll address them but that is not the core of my campaign. i spend 99% of my time talking about mesh's future but if someone says something not true and i don't clear it up people think think it is true. >> and will these guys in anyway remember what happened in 2012 when they tried to tear each

other apart, which was probably the only reason that president obama was able to win reelection with a record that no one could have won on. tonight round two of the cnn town hall meetings. john kasich, jeb bush and donald trump will field questions directly from voters. also in the audience tonight 90-year-old barbara bush. hoping to bolster the sagging campaign of her son jeb. we have a lot to cover this morning so let's begin with cnn's athena jonas. good morning.es. good morning. >> you mentioned the word liar, unhinged, stable. the rhetoric has been getting more heated and more charged with each debate. last night the candidates kept hitting each other even as they tried to win over south carolina voters. >> three out of six republican candidates sitting down for an in-depth cnn town hall. the night's hot topic, the

truth. and wh who is telling it. >> if you say something that isn't true and over and over again and you know it is not true there is no other word and you have to clear it up when it is about your record. >> cruz says it is not donald trump or rubio. >> both donald trump and marco rubio are following this pattern, that whenever anyone points to their actual record to what they have said to what they have voted on to what they have done, they start screaming liar liar liar. it is the oddest thing. >> and trump in a duelling town hall says it is not cruz. >> we certainly want to keep somebody honest. the billionaire even sending the freshman senator a cease and desist order for one of the cruz campaign's ads about him. >> i don't think anyone is surprised that donald is threatening to sue people. he's done that most of his adult life. but this letter really was -- look, i've practiced law 20 years. and this letter really pressed the bounds of the most frivolous and ridiculous letters i've ever seen.

>> dr. ben carson says the american people will decide who's being deceitful. >> i think the american people are smart enough to be able to understand bluster and rhetoric versus truth. >> but all three candidates agree that apple should abide by a court order to aid federal investigators in hacking the iphone of one of the san bernardino shooters. something the tech company sees as government over reach. we should ha . >> we should have done more to prevent that attack but afteruse every tool we can. >> there is probably good reason for people not to trust the government but we're going to have to get over that. >> i know this. it will take a partnership between the technology industry and the government to confront and solve this. >> rubio taking the stage just a day after president obama criticized him for distancing himself from an immigration bill he once supported predictably shot back. >> president obama has no standing to talk about immigration. his party controlled the white house, house and senate for two years and did nothing.

>> a mainstay of the democrat's campaign, u.s.-race relations. >> i also know in this country there is a significant number of young african american male whose feel as if they are treated differently than the rest of society. and here is the bottom line. whether you agree with them or not. i happen to have seen this happen. i'm not sure there is a political solution to that problem but there are things we can do. >> something else, the candidate's taste in music. >> i primarily like classical music. >> you like edm. >> i do. >> electronic dance music. have you ever been to a rave? >> no i've never been to a rave. no. never been to a rave. >> well i don't know. >> republican primary anderson. >> ♪ i just called to say i love you ♪ ♪ i just called to say i care i cannot sing to save my life. >> there were some fun moments amidst the attacks. i think ted cruz may have left out a few words of that stevie wonder classic. i hour looking ahead to tonight

we'll hear from donald trump, john kasich and jeb bush. and jeb bush is going to have that special guest, his mother barbara bush with him. she's joining him on the trail once again to try to help her son win over or finish strong i should say here in south carolina. that is contest that could make or break him. >> reporting live from south carolina, thanks so much. so ted cruz is enjoying a major perk of last night's forum. he could rale against trump without firing back. expect that too change tonight when the billionaire seizes the spotlight in round two of the town hall meetings. in south carolina where trump is about to hold a rally, good morning. >> reporter: good morning carol. things are really getting nasty out here in south carolina, just two days outs from the gop primary race here. lots of punches being thrown between all of the candidates. all of this as a new cbs poll out this morning shows trump

once again leading the gop pack. trump leading in first place at 35%. followed by ted cruz at a distant second at 18%. followed by rubio at 12, kasich at 11 and jeb bush who has been campaigning so hard in this state recently, hooets at the bottom of the pack at 4%. trump firing off a number of tweets, boasting about his poll numbers. clearly happy to see this new cvs poll showing him leading the pack just two days in the south carolina primary. i want to talk a little about what we saw last night at the cnn town hall. the town hall setting is interesting because as you know the candidates are not actually on stage together. but that doesn't stop them from attacking one another on the stage. we saw some of that in athena's piece. and of course we are expecting part two of that to take place tonight in columbia at the second cnn town hall when john kasich, donald trump and jeb bush will take the stage.

and of course as, you know, trump and bush have a political feud of their own ever since trump went after bush's brother, former president georgia george w. bush and we are expecting lots more sparks to fly tonight. >> we look forward to it we think. mj lee live from south carolina. i'm into breaking news to pass along to. president obama will indeed visit cuba next month. the president just tweeting out the news before the historic trip. he'll be making that trip next month. it's been ninety years since a sitting president has visited the island nation. and as the president tweeted this morning, he'll visit cube. back to politics. as ted cruz tries to sway voters, he's shrugging off

attacks from donald trump, including a cease and desist letter after running an ad about trump's position on abortion. cruz's message to trump, go ahead sue me. with me now republican congressman and ted cruz supporter mark meadow, he represents the people of north kor korea -- north carolina. >> thank you very much. >> is this working negatively for cruz? >> i think the american people want to make sure that what we do is focus on the issues that are important to them. and -- >> but we're talking about lawsuit. we're talking about a cease and desist order. >> well let me tell you. having one for office, when you talk about freedom of the press,

we haven't seen anything yet. lawsuit for defamation of character is just more bluster than anything else. as you know you cover this. it has gotten tough. but i think focusing on the issues is what the american people want. i can tell you've been here on the ground in south carolina. and going door to door, calling people. they want to know what effects them on main street and ted cruz is doing that. >> i sort of agree with you there but i want to go back to this poll for a second. because as i mentioned this is just one poll. this nbc "wall street journal" poll. mr. trump tweeted about it this morning. he said, new cbs national poll just out. massive lead for trump. the "wall street journal" nbc poll is a total joke. so let's take a look at the cbs poll that trump is talking about. it shows trump with a double digit lead over cruz. every other poll i've seen trump is leading by double digits. so should snard cruz really be

celebrating? >> i think what he should be doing is what he is doing, working hard, going door to door. over 2 hundred thousand doors here in south carolina. you always run like you are in last place. so you can't focus too much on the polls. obviously the good poll numbers are gratifying but it is more about making sure that you reach out and touch everybody in a personal way. >> do you believe the polls this time around? you know, i think the polls are very fluid. what we're seeing right now still a lot of undecided voters in south carolina. they are going to get to make their case to the rest of the country in terms of momentum. it is important. it is critical and i'm look forward to seeing the results on saturday night. i think right now it is -- all the pressure is on rubio with this latest endorsement. >> definitely so. you mean by governor haley you

are talking about. >> yes. i think it puts real pressure on him. he had a three two one strategy where he had to win in south carolina. and so we're going to do extremely well but i think all the focus right now is on another candidate who must actually beat donald trump. i think that is a very high bar. we are looking forward to competing with not only the front runner in the south carolina poll but going on from here and competing across the country. >> did senator cruz want nikki haley's endorsement? is he disappointed as is jeb bush that he didn't get it? >> i don't know that he's actually been reaching out and trying to work with governor haley in terms of that endorsement. you want all endorsements. lest be honest about it. but with that i think what we're starting to find out, the real endorsement that matters is the american people. and that is what we have to focus on. members of congress, the senators or governors, it is all about people. moms and dads on main street

making that endorsement. hopefully that will happen on saturday. >> congressman mark meadow, thanks for joining me this morning. still to come as the battle intensifies to fill justice antonin scalia's chair we know who won't be filling one at his funeral. that would be president obama. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost. now try new boost® compact and 100 calories.

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i want to take you to greenville, south carolina. senator mike lee is stumping for marco rubio which is kind of surprising because he's a big tea party guy. he backs ted cruz. in fact according to the local paper, senator mike lee is stumping for both rubio and ted cruz, also on the stage will be senator of south carolina tim scott and congressman trey gowdy. senator scott represents south carolina and is much respected among republicans there. that is ab important endorsement

for marco rubio and nicky hay y hayley. >> in other news today the president has confirmed he's not going to attend justice scalia's funeral service. the white house says instead mr. obama will pay his respects on friday when scalia lays in repose at the supreme court. one reporter asked if the president would be going golfing on saturday, here is press secretary josh earnest's response. >> i don't have a sense of what the president's plans are for saturday. the president obviously believes it is important for the institution of the presidency to pay his respects to somebody who dedicated three decades of his life to the institution of the supreme court. it will be an important moment and we'll have some more details for you about the president's plans for both friday and saturday. >> cnn's chris frates is at the white house with more on this. good morning chris.

is this unusual? what the president has decided? >> no i don't think so at all. and in fact the white house has some other news this morning because they are getting report from a influential voice in the fight over who will take over for justice scalia. retired supreme court justice sandra day o'connor who you remember was nominated by ronald reagan is breaking with republicans. here is what she told a local phoenix television station. >> it is unusual to have an opening in an election year. >> it is. and it is unfortunate. it creates too much talk around the thing that isn't necessary. >> so when you hear one side saying they would like to wait until the next president is in office to appoint a justice, what do you think about that? >> i don't agree. i think we need somebody there now to do the job and let's get on with it.

>> but her words are unlikely to sway republicans on the campaign trail or capitol hill. both marco rubio and ted cruz, who republicans running to replace obama, have said the choice should be made by the next president and echos the position of the majority leader mcmitch mcconnell. republicans are pointing to new polling that shows t s ths the split. and all the political jockeying comes even before the funeral on saturday. >> chris frates live from washington. up next in the newsroom, hillary clinton in vogue magazine telling the magazine she has a difficult time selling herself. ♪

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back out to greenville, south carolina. that is the south carolina governor nikki haley, her much coveted endorsement went to senator marco rubio. she's speaking on his behalf. she said her endorsement was difficult to make but she had to make the best decision for her children. >> we want that happening all over the country. but we wanted somebody that was going to bring a conscience back to the republicans. a conscience back to republicans in deed so they remember who they were when they got there. which is balanced budget, red e reducing our debt. building up our reserves and know that the president i wanted would believe in term limits in d.c. so that everybody would know that their time was going

to be up one day. so those are all the things i really cared about. >> we're going to hop out of that. that's governor nikki haley talking about her endorsement of marco rubio. and we're going to talk about that coming up in the "newsroom." hillary clinton and bernie sanders ratcheting up their battle for nevada holding duelling vents tonight in las vegas with just two days until the state's caucus. sanders now in a dead heat with clinton as her campaign reportedly tries to reassure donors saying her strengths lie in upcoming contests in south carolina and beyond. hillary clinton telling the magazine i'm perfectly happy saying bob has this great identity and we ought to support him. i'm great at advocating others but not so good at really promoting myself. i just find that hard to do. so let's talk about this with

star jones. hillary clinton supporter. welcome back. >> so blad to be here. >> so after all this time hillary clinton has trouble selling herself? >> you know it is something i actually encounter all the time at n a, pw. woman who are powerful, strong women and naturally advocates for others do find it difficult to go out there and be i i i, me me me, look at me, look at me. and, you know, since hillary graduated from law school she's really been an advocate for others. as i look back over her career and i've never her a pretty long time, i think when she came out of law school she decided not to go to a big law firm. she decided to go down to south carolina and advocate for juveniles. so that's really been her mo and she's been doing that her entire career. love that about her. but i really want her to stand

in the space god has created for her as the first female president of the united states of america. >> well, you know, in some ways she's not connecting and let's talk about nevada. the clinton campaign says bernie sanders should do well in majority white states like iowa and new hampshire. but if sanders pulls off a win in nevada that sort of negates that argument. >> carol, i don't see a win coming in nevada. not in the least bit. i've been look gt at what's happening in nevada. and yes it is a diverse state. i don't want anybody to think that it is a predominantly white state but it is also a state where latina issues are extremely prominent. and issues that involve things other than just, you know, big business and fights against wall street. you have to look at who's going to be fighting for you in the long run for the front burner issues you and your family are facing. and i see hillary clinton going in there and doing what she does

best. advocating for others. >> she is sort of like changed up her strategy. she's concentrating on hispanic voters instead of african americans in the state of nevada. and some might say that is because bernie sanders is making inroads among african americans, especially young african american voters. >> you know, it is really interesting. i always equate this to something like a child going over for a play date to a new parent's house. you go over there and they have got chicken fingers and they have got french fry with ketchup and everything. that is fun. but when you want to get down to the nitty-gritty t person who makes sure you eats your eventualables and you have all the things you need to make a real life, that is your mom. the person in your home, that person that you know. and hillary clinton has been fighting for african americans and for women every single day of her adult life. so just because this is new and fun and exciting for young

people and there iss enthusiasm all around bernie sanders i think i want to live in the truth, live in reality and live with somebody who's gonna get stuff done not just talk about it. >> i want to bring our viewers back to greenville, south carolina for just a second. because marco rubio was endorsed by governor nikki haley. there you see a cuban american, an indian american. marco rubio was also endorsed by senator tim scott who was an african american. so this is the face of the gop that republicans would like america to see. tell me what you think about that. >> well republicans would like america to see that. but instead we've been seeing ted cruz and donald trump throw mud at each other. it is like being in a pig fight and only the pig has fun. you get dirty. the pig is running around having a good time. so they may want to present this as the face of the gop but that is not the reality of it. >> well you see them at the convention.

>> they can stand there. that is a pretty optic you and i both know we work in television can we know what optics are. you can stand anybody next to you as the backdrop but what are you going to do for them when you are in office? how are you going to represent them? are you going to stand up for them? no you are going to try to throw people out of the country based on their religion. you are going to build a wall. these are the kind of things that republicans have already told you they are going to do. so i'm the person that believes if someone tells you who they are, believe them the first time. >> i want to bring in dana bash to talk endorsement by nikki haley. because this is an important endorsement and it does show a different kind of face of the republican party. >> absolutely carol. and you were just discussing that with your guest but i have to say i've covered politics for a long time. i've covered south carolina republican primary politics for a long time. just sitting in this room

watching a cuban american, an indian american, and before an african american talking about republican values the not something i think a lot of people in this room or in this state or in this country ever thought they were going to see. >> let's listen for a second. >> -- in american politics, right governor? they deny it. they say i'm not a socialist you are smearing me. bernie sanders says it in his commercials. but at least hooesz honest about it. he's a democratic socialist. in essence he want us to be a socialist country. i don't get that. if you want to be a socialist country there is literally like dozens of places in the world that are socialist. why county you move to one of those countries. a few week ago i started saying bernie sanders will be a good president, of norway. and the norwegians got really upset so then i said okay of

sweden. the swedes got upset. so i don't know is there anyone here from luxembourg? we don't want to be a socialist country. the problem with hillary clinton is just as bad. first of all she's chasing him in that direction. the democratic party today has been taken over by radical elements on the left. when the leading candidate is vowed democrat socialist you know the democratic party has gone off the deep end. and i mean the left deep end. but hillary clinton has serious problems. first of all she's under fbi investigation because she put classified information on her server. just yesterday on fox news there was a report that some of this information revealed the names of foreign nationals of afghans that were working with our intelligence agencies. do you know what that means? do you know what poses a threat to their lives? it poses a threat to our operations. it is a very serious thing. she did it because she thinks she's above the law. they have also thought they are above the law.

>> she's a traitor. >> well i don't know. i wouldn't go that far sir but i would say that she is someone who thinks about her law. >> [ inaudible ]. >> well let's talk about benghazi. because i think that disqualifies her to be commander in chief. so she knew, she knew those americans in benghazi lost their lives because a coordinated terrorist attack. and do you know what she told their families, this is because of a video. somebody made a movie people got mad and that is why they died. that is a lie. anyone who lies to families of people who lost their lives in the service -- >> all right we're going to do jump out of this and talk about this important endorsement that marco rubio just received. i'm also joined by cnn political commentator and op ed columnist for the "new york times" and director for the center for politics at the university of virginia. larry, i'll start with you. how important are these

endorsements for marco rubio? >> well most endorsements aren't that important. there is an old line in politics that an endorsement is worth the vote of the endorser and about half of the time his or her spouse. so it doesn't mean very much. but there are exceptions and nick hikki haley is an exceptio. it should add a few points to rubio. i don't think it is enough to volt him into the winning position in south carolina but i think it will add to his luster. what you looked at a few moments ago that is a ticket a lot of establishment republicans would like to see. marco rubio for president, nikki haley for vice president. it would be hard for democrats to make an argument about diversity with that kind of ticket. >> let's talk about the importance of that endorsement. i want to bring back in dana bash as well. jeb bush really needed nikki

haley's endorsement. he sounded unbelievable disappointed that he didn't get it. let's listen. >> she's a very good governor so to win the nomination there will be a role for her in the campaign. trust me she's a great person. she's a great person. i'm disappointed she didn't endorse me. >> so dana, i don't know. everybody keeps saying that jeb bush's campaign is pretty much over now. are they right? was this endorsement that important? >> i don't think that this endorsement was the death nail for jeb bush. no. i think that is probably taking it a few steps too far but there is no question and you heard it in jeb bush's voice that this is something he could have used. he could have used the woman standing behind me, nikki haley standing at his rally and not at marco rubio's rally. because he needs whatever kind of boost he can get right now and his campaign and even reportedly his brother the former president tried to

convince nikki haley to come his way. but i have to tell you just being in the crowd here talking to voters before they took the stage, there are still a lot of undecided voters. but i didn't talk to one who said they were deciding between marco rubio and jeb bush. for people who are kind of already looking at marco rubio it seems like the jeb bush train has left the station for them. because a lot of people here what they tell me their criteria are, somebody who is a new face and somebody who is electable. i heard a lot of that in this crowd. they want somebody who can beat the democrat. and right now they are looking at marco rubio for that. there are a lot of people who are deciding between marco rubio and ted cruz. but they are thinking about the long haul and about november a lot of these voters when they are thinking about their primary vote on saturday. >> so ross, the polls are just all over the place. it is hard to determine exactly what they mean. so do you have any best guesses for what might happen with marco

rubio? in south carolina. the good news is that this in theory helps consolidate the votes jeb bush and maybe even john kasich were trying to take from him. votes about electability, votes about sort of the quote/unquote establishment lane and so on. i guess the only bad news is that it raises expectation. rubio's now been endorsed by trey gowdy, scott and haley, three major south carolina politicians. and if he finishes third behind cruz and trump which he still might then it is harder for him to portray a that as a moral victory. so at this point he would say he's running close to cruz in a lot of south carolina polls. it would be really good for him to beat cruz, to put it mildly. i'm sure he agrees. >> okay. i have to leave it there. thanks to all of you. disagr and tonight catch part two of

cnn's republican presidential town hall moderated by anderson cooper. 8:00 eastern only on cnn. i'll be right pack. 36

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a los angeles hospital pays a ransom in bitcoin after hits computer system is a attacked. they paid around 17,000 dollars in bit coins after malware on its computers locked access to systems. the hospital said the kwikz most efficient way to restore the system was simply to pay up. the fbi is investigating. the fbi says apple is mes recipie misrepresenting its request. a doj spokesperson saying the judge's order does not require a

apple to redesign products, to disable encryption or open content on the phone. the order was narrowly tailored to this particular phone. >> you are hearing from a white house spokesperson. they say this is is a one-time request. and also reports out that apple has unlocked phones in the past. there are reports up to 70 in the past. i want to clarify that. apple has cooperated in the past but what they have done in the past carol is data extraction. and that was available on an older version of the software. so this particular phone had a newer version of the software that wouldn't enable that kind of security. now apple is saying in order to unlock the phone and do what the feds are asking us to do we've got to build out this new software. so what's really interesting here and struck me was does the law give the government the ability to force apple to create new code? so we're really in unprecedented

territory here. the tech side, google ceo has come it to support tim cook. he tweeted, important post by tim cook. forcing companies to enable hacking could compromise users privacy. and you have the feds on the other side saying apple is doing this for business purposes and we also have to have some kind of means to extract data in such sensitive cases. and this is the perfect case. a very sympathetic case for the government to raise these questions. >> it is a sensitive case for the government because the government is saying look, why doesn't apple want to help us prevent a terrorist attack. so if you argue that in court would that be effective? >> it is hard. because along with this, you have apple saying of course we want to help in any possible way we can but building out software. if you build this software and this is apple's argument, the bad guys could get their hands

on it. and you could have the fed saying do this in your lab, don't put it out there and privacy experts saying that is not how this works. if you build the software the good guys will be able to access it but you will have folks from all around the world looking to access this as well carol. still to come in the "newsroom." it is anybody's game in nevada. why the latino vote could make or break the candidates. (vo) what's your dog food's first ingredient?

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. >> nevada wants a sure bet for

hillary clinton. it's quite possible bernie sanders could win in nevada. clinton is now embracing immigrants in the state kasing hef herself as the candidate who can protect them from deportation as highlighted in this ad. >> i'm going to do everything i can so you don't have to be scared and you don't have to worry about what happens to your dad or somebody else in your family. i feel really strongly that you're being very brave, and you have to be brave for them too. because they want you to be happy. they want you to be successful. they don't want you to worry too much. let me too the worrying. i'll do all the worrying. is that a deal? i'll do the worry and do everything i can to help. okay? [ applause ] >> all right. with me now, the president and ceo of the united states hispanic chamber of commerce. >> good morning. >> is that ad effective?

will this strategy work for clinton? >> in nevada regardless of which candidate comes out on top, the clear winner is going to be the hispanic electorate. as we stand today, some 27% of all voters in the state of nevada are hispanic. and so i think hillary has had a strong record of working with the hispanic community. back in march she reached out to me and her camp held one of the first town hall-like conversations in a round table in las vegas to begin to talk about her work with the hispanic community. he has a record of working with the community. on the other hand, you have bernie who, you know, let's be frank here, he's from a state that is 97% white. he doesn't have a track record with the hispanic community. yet he's appealing to minority voters and young voters and the hispanic vote is up for grabs.

>> are you endorsing anyone? >> we are not endorsing anyone? we've had the wonderful privilege to work with john kasich, jeb bush, rar kmarco ru hillary clinton, bernie sanders and martin o'malley. the breadth of the players in the campaign. but at this juncture, we're going to wait and see what they have to offer my community, a 4.1 hispanics who contribute billions of dollars to the american economy. >> nikki haley, a child of immigrants endorsed rubio. last night at the town hall marco rubio spoke movingingly at discrimination he faced as a child. >> i recall as a child growing up in las vegas, that some of the neighborhood kids, older kids, one day were taunting my family, saying why don't you go

back on your boat? why don't you go back to your country. why don't you leave here? i didn't know what they were talking about. what boat? my mom doesn't swim. he's afraid of water. my parents had to explain what was going. don't blame the kids, they must be hearing it from somebody. that's why they're repeating. >> does that resonate for you? >> absolutely. i've had the same experience as senator rubio. i am mexican american. i think that's a very common occurrence, sadly, in this country, but i commend senator rubio for being candid about it, being transparent and authentic. he brings that authenticity into his campaign, and i think he spoke, i think very eloquently about the potential for the republican party to yet change. he spoke about nikki haley and her indian background. he spoke about the fact that he

would be today with an african american senator, and he's of cuban background himself. it speaks to the fact that there is yet hope for the republican party to modernize and begin to really reflect the face, the changing face of america. >> do rubio's actions trump the divisiveness? >> donald trump has made his claim with the hispanic community. in my conversations with donald, he assured me that he would win the hispanic vote and he would win nevada, but that he would win the hispanic vote in nevada as well. it remains to be seen -- >> will he win the hispanic vote in--? >> that remains to be seen. i think anything is possible. i've given up trying to determine what's going to happen here. donald trump, i think, has trumped everything. but i do believe, again, that whichever candidate comes out on top, it's the hispanic voter that will be the clear winner.

for the first time in the history of that state, that community, the hispanic community, will play a deciding role in who comes out on top in the state of nevada. >> all right. thank you so much for joining me this morning. the next hour of "cnn newsroom" after a break.

happening now in the news room, the hottest four letter word on gop trail? liar. >> whenever anyone points to their actual record, they start screaming liar, liar, liar. >> you say something that isn't true and you say it over and over again and you know it's not true, there's no other word for it. >> that's round one. tonight, run round of the republican town hall. also the democrats in a dead heat in the nevada desert