another one you don't believe. stuart: it is in their interest to the about the price up. they will take every action -- >> don't want to give up the market share. that's the issue. stuart: skeptical company today. that is it from us. neil, it is yours, sir. neil: thank you, stuart, very, very much we are focusing on that oil pledge, if you will. again any of these guys committing to anything like discipline even if it means a freeze in oil production, sort of like my diet analogy, good when i say it, then i have to do it, therein lies the rub. oil is up today. look what is going on with the dow. with 215 point advance i wonder how much we increased in last roughly week or so? actually it was week ago thursday, tomorrow, that we were at low point of about 15, five, on the dow. from the low points then intraday, we closed that day at about 15,660.

we're up about 800 points. now of course that is a volatile swing and all sorts of bets are off to make big statements on a few days swing here. i might also point out that the dow transports have had a good run and sometimes that can confirm what is going on here. not all the time, but if you're a fan of dow theory, as transports go so goes the industrials, well maybe that is encouraging development because we haven't seen this for as many days like this in the last roughly four months. so, is that bullish argument? anyone's guess. i throw it out there because no one else noticed it. that's the ticket. we have a lot going on in the next two hours. let's not waste anytime. get right to blake burman on the battle for south carl line and establishment candidates trying to separate themselves from the pack. i guess, blake, not necessarily from donald trump because at least in the polls he is kind of running away with it there. that is no guarranty but from each other. explain. reporter: yeah, neil. the focus right now as you

mentioned it is on south carolina next three days, after it expands to the west and south. there is two-daybreak after south carolina to nevada. seven days after that for super tuesday for a slate of 11 states a new national poll out which you just mentioned shows battle for so-called establishment candidate goes forward. marco rubio, jeb bush, john kasich. this comes to us today from quinnipiac. first off, trump has enormous lead over entire field. he doubles up virtual second place tie between rubio and senator ted cruz as well. bush and kasich have even bigger hole to dig out of. i want to break this down a little bit more when you talk about bush, rubio and kasich and the hole that they have. because the breakdown of republican voters, trump scores best with those who identify, according to this poll, who identify themselves as somewhat

conservative, getting 45% of that group. followed up by 44% who identify themselves as moderate or liberal conservatives. that begs the question, neil. if one of these three establishment candidates end up breaking through at some point down the line will they pick up voters from those moderate republicans who might identify with more establishment candidate, or, does the plurality of that group end up going to trump? jeb bush today tried to make the argument that lots can change now between south carolina and march 15th when the winner take all states take shape. here is jeb bush. take a listen. >> history is replete of examples of big swings after south carolina. newt gingrich was beating mitt romney by 20 in florida. he ended up losing by 20, 40-point swing between south carolina and florida. reporter: of course what happens with south carolina and momentum over the next month will have a

big say on that. meantime, today, somewhat unrelated, neil, donald trump is back at it targeting jeb bush. this is tweet he sent out. jeb bush got contact lenses, got rid of the glasses. he wants to look cool, but it's far too late, 1% in nevada. jeb bush was wearing glasses but. we'll see if that escalates back and forth. you never know. back to you. neil: apparently glasses are not cool. >> i like them on you though. neil: wait a minute. i need these to see. thanks, buddy. you have to love that, right? we get to such a level where -- you know, there is marco rubio. a lot of folks are looking at him, hoping that those who support him were inching towards him before chris christie debacle couple weeks back are now edging back to him as he sort of regains his footing.

"weekly standard"'s mike warren is with us on that. what do you think, mike? where is that headed right now? he need ad good bounceback performance. he kind of got that, but really needs it in these next multiple events, right? >> absolutely. i think south carolina will be critically important for rubio. he has to beat kasich and bush, right? i think he is in good position to do that if you look at some of these polls. the question where does he end up? does he beat ted cruz? does he come within striking distance of donald trump? i think if rubio can do that, kind of can reassure donors, look, new hampshire was a fluke. it wasn't a sign of things to come. if rubio can't do that, if he really underperforms where the polls seem to suggest he is, which is right around ted cruz, behind donald trump i think donald trump's maybe a little higher than his actual numbers will end up being, i think rubio has a shot of going on to those winner-take-all states and having momentum there but he has to do that.

neil: we always talk about what -- my buddy charlie gasparino will join me soon but moves at least if you're marco rubio separating yourself from jeb bush in florida, their home state. if you're rubio, you've got, you've got to do better against bush. you might lose against with polls show donald trump leading appreciably in florida, that can change as you often remind me but is it crucial for rubio and his donors to see that he puts jeb bush away in florida? >> i think so. look, he has to have a win eventually. and, i think he doesn't win unless jeb bush really is put away as you put it. i think that in many ways jeb bush, particularly super-pac supporting him, right to rise, have been the biggest impediment for rubio to kind of break out here. they have been running ads against him. there are signs right to rise is little bit of trouble. they withdrew big ad buy in sec primary states.

that could portend well for rubio. they have often said of the first four states which also includes nevada, rubio, this is the rubio team said he needs to win one of them and agree with that. nevada could be a sleeper there where rubio could potentially overperform and maybe even win. neil: one thing alternative to donald trump. then you've got to start beating donald trump. >> that's right. neil: very good, mike. thank you as always. >> thanks, neil. neil: we always hear about the establishment, would it rally around a donald trump? at least in the, in south carolina when it comes to the governor, nikki haley, everybody but donald trump. she has already made clear she is not committing to any candidate just yet but she does seem to know who she will not back. charlie gasparino not afraid to wear glasses because real men aren't afraid. >> screw you, donald. i will wear any glasses i want. that was james cagney. neil: that was great. how are you? >> a little better. touch of the food poisoning. neil: really? >> back --

neil: so you had sick day? >> i had two. you wouldn't know because you take off every other day. neil: really? >> boom. neil: i will think this through with my glasses on. tell us what -- >> i thought what was interesting about blake's report earlier, he is saying people looking past south carolina to super tuesday. you never notice with the establishment? they're always looking past something. that is one thing that is sort of seeping in among the brain trust of establishment. who is the establishment? they're all big fund-raisers. reince priebus, always mispronounce his name. anthony scaramucci. i never mispronounce his name, big fund-raiser, big hedge fund guy, they generally run the republican party. what they come to the conclusion right now, when you talk toe them, off the record, donald trump has better than 50% chance of winning and what do they do if he does win? they have to embrace him.

that's what they're planning to do. neil: also part of that establishment, bush family, right? barbara bush who just ripped donald trump apart. >> that is different than the party leadership. neil: i understand. is there a separation or is this the last gasp? >> one thing for priebus or someone like that to come out there to disagree with donald trump's statistics. you notice he hasn't done that. leadership has been non-committal on anything. in their heart of hearts they probably want a bush to win but they're not doing that because they know that there is a really, is less than, there is less than 50% chance that jeb or will win. there is greater than 50% chance that donald will win. neil: was there any dust-up or follow-up from the dust-up party luminaries going back to bob dole, saying, ted cruz is bigger worry to me than donald

trump. we had our druthers, we don't flip over him, they are not saying that, but we really don't like this cruz guy. i don't know if that is fair or right. if they said, had to split the line here for trump? >> i think there was a little bit of thought given among some establishment types that ted cruz is more, is going to be tougher in the long run to beat than donald trump. that you know, he has organization. that he has money. neil: in party battle, not necessarily for the general election. >> in party battle and they think, they think, they still hold out hope that donald, because of his idiosyncrasies they say will flame out at some point. neil: we've been waiting for him, forget about donors, you've been waiting for him to cough up some serious money. >> maybe i will be proven wrong on this, maybe conventional wisdom is wrong and maybe every smart guy i speak to in the green room from ed rollins to you know who, they say at some

point you have to spend some bucks. that organization matters. force of personality will not -- neil: defied that in new hampshire. very little person-to-person campaigning. >> here is what i would just say. if the field does winnow sometime soon, then organization is going to matter. then it become as three-person race. you have to get out votes. neil: unless by that point the field is winnowing he has such a substantial delegate lead. >> that's true. neil: you never know. >> it should winnow sooner. maybe this is is the self, what, light yourself on fire of the i am mowlation? neil: i always wanted to do that to you, light you on fire. >> when you light me on fire, that is called arson. that is called arson. neil: why did you take your glasses off? you're nervous because trump made you nervous. >> hey, donald, go back to univision. neil: all right. -- >> may the power of reagan compel you. i had to say that. neil: very good. >> will do that to donald, i will tell donald, may the power

of reagan compel you! neil: what is wrong with you? >> sometimes i think he is possessed by some liberal devil with this trade stuff. i don't get it. some. stuff he says is crazy. gores bush committed 9/11, caused -- i think, i think -- neil: we know your views. know your views. not very fair, not very balanced. >> do you think george bush caused 9/11? neil: count on fair and balanced coverage this weekend. i don't know if charlie shows up because he will show up when he feels like. >> i have been told i have a chauffeured limousine prepared for me. of preparedded dinners in the green room. massages between break. neil: those were mine. it will be saturday. we'll be there, not only on fox news channel earlier in the day, 10:00 to 12:00 eastern time but beginning lou dobbs at 6:00 and pick up at 7:00. throughout the evening. as long as it takes. certainly republicans in nevada. nevada for the democrats where

the race is now even. wasn't too long ago odds on favorite for 25 points was hillary clinton. that was then. can you picture me and gaspo working this weekend now? i leave you with that picture. >> will we go to nevada together? i could show you a great time. neil: i could show you some. world's most incredible breakfast buffets. i don't have the time. oh, look at this. heard issue about apple's tim cook. he doesn't want to help federal authorities unlock that san bernanadino shooter's phone. which is raised a question. one thing to make a blanket policy for all phones out there but surely they have engineers who have, you know, the wherewithal to at least unlock that phone, that particular phone. they never have to explain how they did it, just do it. i go to apple store all the time. if i have problems oh, it's done. i'm not buying what i'm hearing, after this.

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you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store, right now save 50% on the ultimate limited edition bed. know better sleep with sleep number. neil: all right. the bromance is long gone. that has been established. ted cruz responding to donald

trump, that trump wants to file a lawsuit against cruz for tv ads trump has called wrong and grievously wrong. right now, we're seeing cruz in south carolina saying i have to say this about trump. you've been threatening frivolous lawsuits your entire life, even in annals of frivolous lawsuits takes the cake. goes on to say if you want to file a lawsuit saying this ad is defamation, file the lawsuit. remarkable that the continues to be played out on national tv. but i have a feeling that donald trump will make good on that. then of course these guys are not only debating each other, they're suing past each other. but again, such are heated campaigns. we'll keep you posted. keeping you posted on decision on part of apple's ceo tim cook not to open the phone for authority who are trying to understand on a gadget they can

not unlike -- unlock, the san bernanadino terrorists behind that. no way they can get into it but apple has the wherewithal to do it. apple has been saying all along with if we do this, we expose anyone to danger, that privacy could be opened up for the world to see. i'm not a technician, when i have problems with ply apple phone i go to the apple store not too far from here -- is it blue shirt? they're very smart. they open up the phone. do something, it works and it is fine. i don't know what they did but they did it. they're not changing phones for the world. they just altered mine to make it work but again, i'm no tex, but i think this would be like a one and done deal. saying about freedom of speech but this is one and done deal, with single phone, open it up to see what the monsters behind this attack were planning and what they were doing in that roughly 15 to 20 minutes we couldn't account for what the heck they were doing.

former u.s. army pilot amber smith. i will defer to your expertise as a military hero if you will defer to my expertise as a geek. you are more, you are better suited to respond to this than i. but i think there is a way to do this to keep everybody happy, right? >> there is. i have to say that apple is being fairly dramatic here. i think they're definitely taking advantage of the controversy that surrounds the liberty versus security conversation that worries many americans in this country. but, what the fbi is asking apple to do, is only write software for this one specific phone. they're not looking for a blanket override that would allow the fbi to have access and sort of break into everyone's iphones. they want to gain information in this terrorist cell phone that could have very valuable and actionable intelligence on it, that we don't know, but we need to find out if there is other information about future

attacks, why or if they deviated from their intended targets and who they're communicating with and who's funding them. neil: now apparently what is at issue, if you have a pass card on your phone, after eight, nine, in apple's case 10 attempts, all the information on the phone is automatically deleted. i understand frustration with that, authorities got closer and closer to being with that limit. they don't want to touch that they need apple's help to get into that thing. apple is saying i think, if they open up the phone, arguably they said they can't do that, but i suspect otherwise, according to story they can do anything, they can launch an attack on burma from their store, having said that, they are afraid apple will leave footprints how to go about doing this for all such devices. is there some merit to that argument? they're afraid whatever they do to help the government in the san bernanadino case they're opening up the pad -- padlocks

for all future cases? >> no i completely disagree with apple in that aspect. they need to stop treating government, counterterrorism units inside the government trying to prevent future attacks happening on u.s. soil and injuring and killing americans, they need to say, hey, we're all in this together. this isn't apple in silicon valley against the united states government. terrorists are exploiting their products and using their platforms and social media to their advantage. so silicon valley, tech and software companies will have to get on board, look, we'll have to do our part to insure that they aren't using us to essentially kill people. at that is what they're doing now. >> if you're a bad guy and terrorist, i'm all for protecting people's privacy. other bad guys could look to say, oh, apple isn't giving up on anything. so we can keep using apple devices.

keep doing whatever we want in 10 pass attempts on a password. and apple just won't cough this up. so wouldn't it embolden them to use these products? >> it would and it is essentially providing them a safety net saying this is your safe zone where you're able to operate and conduct planning and execution, different information on these devices. and you're not going to, there is going to be no form of intelligence that's going to basically intercept on your information to thwart these attacks. neil: all right, you could be a very good geek, amber, if you ever wanted to be. >> i will work on it. neil: thank you very much, amber smith. >> thank you, neil. neil: anyone with problem with san bernanadino talk to one of the kids at the store. they're incredible. they're incredible we could avoid whole cons suingsnal debate. that is just me. i'm not an expert but i do read a prompter.

remember i said yesterday, all the hullabaloo over the republicans refusing to even have confirmation hearings on president's who will ever replace scalia. now after that show they're clearly getting nervous. i changed the course of american history. you're welcome, america!

neil: all right. we're getting indications from republicans now, that wall against having confirmation hearings on the president's choice to replace supreme court justice scalia who died over the weekend, well, they realized, we tried to point out on the show, they still control the majority and can vote down the president's choice but not to hold hearings made them look boxed in more. there is issue, once they have hearings, whether the nominee is

the president propose something the nominee who history suggests is what the president thinks he is, whether republican or democrat, we learned from choices in the past that they're not quite the guy that was thought to be case. i think it was dwight eisenhower who famously said of earl warren, biggest damn mistake of my life choosing him for the court because he veered to the left. at the time that was eisenhower's view of things, so they could change. we have bert paulson with us. bert, how likely is that? people's opinions and views evolve. can serve tiffs are scratching their heads over what they got with justice roberts. what do you think threat is someone presented to the committee, to the senate, not being what they thought? >> well, you're right, neil, that has happened in the past. eisenhower was very disappointed having appointed earl with warren to the supreme court and

brennan too. neil: right. >> nixon had bad choices with blackmon and powell. kennedy has been unreliable, who was rage goon's choice but primarily republicans in recent years. democrats have not had failed appointment, where the president was unsatisfied with the voting record since harry truman. steel seizure case he in 1952 he was upset with tom clark who voted against him on that case. that was 1952. the democratic appointees very reliably liberal since then. neil: you think president obama would. neil: you think with republicans that is nonstarter? >> i think president obama would be unlikely to appoint someone who he was not confident would be voting with his views on a regular basis. neil: but views change, right?

views change. you mentioned largely with republican picks, but do your point, now and then some democratic picks. don't they try when they come, especially committee of opposing party to suit themselves and their temperment for that committee to sound vanilla, to sound vague, so they can't be pinned down? doesn't always work obviously. didn't work for justice bork and what have you. >> sure. neil: what do you make of that? >> yes, that is a tradition and david souter, who was president bush's appointee was very vague. ted kennedy would ask him, what do you think about roe v. wade? he said i don't recall having a thought on that decision. he was vague. and turned out very disappointing to president bush, unlike clarence thomas. neil: play this out for me. i've been a big believer should hold hearings. president will be around for 11 months. looks childish if you don't. >> yes. neil: i guess republicans are afraid if they hold hearings,

moderate is presented to them, they look really, really childish if they reject such a moderate. >> yes. neil: but i think they look more childish if they don't hold hearings. what do you think? >> that is a point. one other thing to consider, that would put some republicans on record opposing nominee. republican senators running in blue states like senator johnson in wisconsin might have difficult time in re-election if they were put on record. neil: really? supreme court justice vote? >> possible. at least other side would use that against them in the campaign. neil: we'll see. professor, we'll see how it sorts out. the candidate you're given is not always candidate you think but people can change. thank you, people on right or left on issue, there is process for this. see how it goes. don't like the name the president submits you're free to reject him. but if you don't hold the hearings you look even more

obstinant, more pet you lant, more childish. just saying. with the attitude in washington that is the last thing you want. stick around. thanks. ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ cut it out. >>see you tomorrow. ♪

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>> back on "cavuto: coast to coast." i'm connell mcshane. market continues to rally. up 250 points on the dow. oil is going up, everybody seems happy and i'm about to rain on your parade detailing a new report just out today from

bank of america looking at the earnings season we're just wrapping up, the headline in the report, even with the rally today or we've seen over the last week or so, worst earnings season for american companies going back to 2009. overall earnings down 4% when you look at s&p 500 companies but again the headline here is worst since the financial crisis days. they have something in this report, bank of america does, called the surprise metric. when you hear us report on earnings, so-and-so beats by two pennies, whatever it may be, number of positive surprises in earnings this time around, the lowest number they have seen in four years. kind of an interesting backdrop given market is rallying off the lows, with oil falling, energy companies, utilities have had, not had any many positive surprises. health care done a little better, tech has done a little better. overall it has been very rough earnings, season, neil, which is larger backdrop for the fed minutes as we wait for them to come out even with the market rallying.

neil: i almost forgot about that, and i wore this silly thing and fed minutes are coming out? >> you'll be fine. neil: a little blue. thanks, buddy. you know, i had him on before, used to see him on other shows, loved his energy and loved his clarity and liked the fact he didn't follow the crowd. who better to speak to when we're looking at a dow changing the skeptical, cynical, end of the world view of late, caution of late, with today's advance. we're up 900 points since last thursday's lows. now, that might or might not mean anything but michael block, what do you think? >> look, do is really first day where i've been out talking to clients where you start to short some stocks here. we're facing a lot of momentum here. oil is moving because of some of this geopolitical move we're getting. fact the of matter a lot of people were negative, riding

short. there is a lot of short-covering, does it bo to far because with a rally -- >> if you look at most shorted names, there is good research from some of the folks on the street, b-smoke, hey look, most shorted stocks are ones outperforming. shows quality of this rally may be a little suspect. but it is broadening out and -- neil: what do you have to see to be convinced, all right we might be through the worst of it, like you say, talking on a weekday? >> we're seeing leadership. seeing some quality energy names doing better but honestly junk is outperforming. what is interesting, banks left for dead because the fed's not moving, kills their margins, how will banks make money. neil kashkari goes after banks. neil: came out of blue. too big to fail. he recommends -- >> having banks left for dead. they caught a key upgrade other day from one of the big brokers. also jamie dimon buying half a million shares of stock. say what you will about big banks, jamie dimon is smart guy people want to follow.

so you will see that. there is some leadership. can we see tech leadership? we can joke around a lot of money crowd into names like face books. neil: i don't see a lot of other ceos doing what he did. >> that's just it. what is next? will other guys realize the stocks are cheap, i'm saying cheap kind of sardonically, because they're cheap and could get cheaper -- neil: market where it is right now, up to the degree it is right now, still down, the dow, 5% on the year, what do you think? >> i'm thinking that we're stock in a little box here, neil. i think we're trapped here. a lot of folks are saying, here we are at 1910 on s&p five hundred futures. this, sr. which start shorting them. i will acknowledge we may have a lot of room to go to 1950 and beyond. a lot of tech shuns are watching this. they chase the rallies, sell the downside. i don't like to do that. neil: i talked to one analyst yesterday, a bear market rally. >> i think this is a bit of a bear market rally. i don't know that you call it a

bear market rally i think we're in range. i call it a chop. i will take advantage. when you get days like last thursday, blood in the streets and banks down significantly from where they are right now, that is where you want to open your wallet to start buying them. neil: -- this sort of thing too, right? >> for me the suckers are guys who will watch stock like citibank went to 34 handle, back above 40. if the stock is few dollars higher, the coast is clear. i can buy now. those are the suckers. neil: is this close to this or affecting in november? >> i think political noise is starting to creep in. trump frontrunner, say what you will, there is uncertainty about his candidacy. when you see sanders doing so well on democratic side and hillary clinton tacking severely to the left more and more you see a little bit of caution. neil kashkari talking about the banks still being too big to fail that is -- neil: minneapolis fed president.

>> minneapolis fed president. neil: i carry as little weight. >> he carry as little weight. -- carries a little weight. got stuff down for tarp. neil: maybe that we're still set up for bad stuff. >> i could make the most, i'm not joking, he is auditioning to be treasury secretary for president sanders here. look, he ran for governor. ran for governor of california. he has political aspirations. has a bright guy. young guy. a lot of energy. let's see it put to good use. that that is what i have to say about that. neil: you realize you're encyclopedia. >> i've been called that. maybe i should be on "jeopardy." oh, i was. neil: charlie gasparino criticized jeb bush for getting rid of glasses. trying to look good. i was telling gasparino we should embrace glasses thing. >> i gotten great feedback on glasses, tell you right now. neil: thank you. >> i'm walking talking warburg

parker commercial. i look great. neil: "20/20", fighter pilot. had low. >> fighter pilot like amber smith that is whole new challenges of cool i ain't touching. neil: you're a great guest. i have enjoyed you and energy. michael writing a little book? no, i have done that show. >> come on. anytime. neil: this is weird, one thing with china occupies these islands and just made them military installations. quite another when they start to deploying missile on said islands and no one is freaking out. no one! what's going on? [vet] two yearly physicals down.

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neil: all right. one thing in the south china sea when the chinese were taking over islands technically really weren't there and all but put condos on them and then made military installations. now deploying missiles on these islands, if that doesn't alarm

you just a little bit, it's kind of looking like a cuban missile crisis 50 plus years later. but maybe that is just me exaggerating. ben collins, army special forces veteran. ben, that is scary stuff, isn't it? >> it certainly is. we have to look in terms of context of time. two things are going on right now. so one, we're in the middle of the association of southeast asia states. asean conference. obama is there. really a show of force on china's part while everybody is together discussing these issues. second thing about a month or so ago we put a u.s. battleship by one of those contested islands. this is another show of force to say that, you know, they are going to make claim to these islands and they will start expanding at least what they have done so far. they have already extended a lot of the runways. neil: i don't see anyone stopping them, ben.

i know the south koreans are nervous. the japanese were nervous but i don't see them stopping. >> no. in fact, that's why i think we're going to have to really pay attention to what they continue to build. so, these missile battery, hq-9, they have a range of 125 miles. with if he start seeing them build permanent facilities -- right now these are mobile units. they're on a truck. they have them parked on the beach for the world to see. so that is not a mistake that they did that. this was definitely they wanted world to see. they have a message that they're sending. but more and more they build on these islands it is very concerning because they will keep building. eventually they will build protective net on these islands and deny access. neil: as you should, more than 50 years ago, jfk with the cuban missile crisis quarantined the area and formed a naval

blockade. that was restricted area, much smaller area than we're looking at here, and it was 90 miles away from us at the time but what do we do here? is there any benefit to blocking this, to even having more ships come in from some of these island where they're setting up missiles saying no, no, you can't do it? that would be a very different game, wouldn't it? >> it would be a very different game but we've seen from this president he is not willing to cross this line. that is north red line we're going to be drawing in the water as opposed to sand. there is a political component too. there is uncertainty what kind of president we'll have in next election. so they will push this thing as far as they possibly can go. second thing, neil, these are surface-to-air missiles. china recently develop ad surface-to-ship missile which is extremely scary and effectively puts our carriers in check.

there is tactical concern here as well. neil: i didn't get to mention north koreans with something in orbit. ben collins. thank you. >> thanks, neil. neil: you would think the way goose and fuel prices are tumbling, one solace for this, even though it rattles markets, at least when you fly it will be a lot cheaper, that accounts for half the airline's cost, right? so imagine my surprise when i looked at air fares that are soaring, soaring when fuel prices are tumbling. what? we live in a pick and choose world.

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only at a sleep number store. right now find our c2 queen mattress starting at only $599.99. know better sleep with sleep number >> i am jeff flock at o'hare airport in chicago where surprise, surprise, air fares are on the rise. you wouldn't think that as neil pointed out with jet fuel down but take a look how this all played out.

the air fare website fair compare.com, tracked this on february 10th jetblue increased fares by $3 one way, $6 on a round-trip ticket. a day later delta increased 600,000 fares nationwide. following day united and american followed suit. then on the 13th, west jet as well. all of them with a fare increase. not a big fare increase but 3%. that is not little, a small amount. and this all happens while the cost of jet fuel has plummeted. in january it got as low as it has been in 10 years. in fact the airlines, as a whole, in q3, neil, saved over $4 billion on jet fuel alone. you would think they might pass that along to the customers but, doesn't appear so. neil: apparently not. we can always walk which is problematic if you're going to

europe i guess. we ought to think of something. thank you very much, my friend. jeff flock. if it matters to you, it matters to jeff. scott martin on what is boeing on here and whether this could hurt the industry. so far the wind at their back, right? those planes are crowded, i imagine this isn't going to change things, right? >> no. so far so good, coming off a year, neil, where the airline space saw record profits. they're not hurting. frankly if you've been to the airport lately you can tell why. lines are jammed, flights are full. simple reason airlines can do this they have the demand to support it. until that tails off that is when they have to adjust price downward. neil: i always remember though when they're fat and happy doing great. i remember quite vividly one airline that treated me and people i was flying with like you know what, and i always said, i know these guys are doing great but i will never

forget how horrific they were. so is there something in the back of flyers mind they remember those with better service or those when they could have been real jerks not all were and that is, there among the survivors when we have our inevitable downdraft as we will? >> well, yeah, there are some great ones and some not so great ones. i think remember the bankruptcies that went through the industry some years ago that alienated flyers as well because flights were canceled, things happened. things happened in chicago to that end certainly but you know, going forward these new airlines kind of come out with these fees and come out with higher fares you almost have no choice as a flier. sure you could do the griswold family thing drive across-country. no one want to do that if they want to stay married or enjoy their kids after that trip so you're kind of stuck if you have so go somewhere long distance.

neil: market is up 250 points. 900 points since last week from last thursday's lows. what is going on here? >> dead-cat bounce, if you drop a cat out of a tree it may bounce. that is what you're seeing in stock market i think this ends not so great in couple weeks. neil: buddy, thank you very much. scott martin. he doesn't fly commercial himself but feigned an interest in people's plight. i admire that. so thank you, scott. >> thank you. neil: i'm kidding. he is real as they get. all right, you see this donald trump and ted cruz battle? it's really getting, well, it is actually getting kind of childish but they're not stopping. they're just revving up the ante. we'll explore this and who it hurts after this.

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>> candidates fighting with each other. largely donald trump and ted cruz.

when their surrogates are saying stuff about those guys or other guys. imagine the fallout when you had south carolina congressman demanding that ted cruz team -- he had switches endorsement from florida senator marco rubio. it kind of gets convoluted. what is getting to be an increasingly nasty republican race. >> fido no. this just got taken to an entirely new level. essentially, misleading. saying that he had switches support from rubio over to ted cruz. based on nothing but lies. then you have this separate issue that exploded in this last

half hour or so. ted cruz holding this news conference. if you want to sue me, go ahead, bring it on. let me bring you the back story of this real quick. ted cruz released an ad. donald trump in which you told that he was a pro-choice. that had ended with trump saying , the narrator saying that trump cannot be trusted here and that is a reference to the supreme court. trump followed that up threatening to sue cruz about his eligibility if cruz did not take down that add here and cruz just said that he received a cease and desist letter just today. then we have this new conference saying if you want to sue me, bring it on. frivolous and telling trump.

>> he threatened in this letter. that lawsuit will be frivolous and it will result in both donald trump and any lawyer. >> as far as that lawsuit goes, he would even depose trump himself. then he had to turn this into a tribe. weaknesses dating back to rubio and trump's complaints saying that all they do is scream liar liar. >> ethics matter. when you have donald trump and marco rubio, repeatedly, putting forth sabra kaisha and with no evidence, no basis whatsoever. relying on fabrications.

it is not indicative of candidates running on candidates. so far, no public response from trump about what crews had to say about that lawsuit. back to you. >> candidates need a hug. thank you very much, blake. what do you think about what is going on here? long gone are the days. any verbal criticism of each other. now, this is going into uncharted territory. >> sure. south carolina is known for this kind of thing. known for these harsher attacks. a different kind of state we have seen in new hampshire and iowa. it certainly is living up to those traditions.

we are getting further into the primary season now, of course. ted cruz and donald trump are the only two candidates that have actually won a stay. the pressure is certainly on. now comes an sec primary state. that is where they feel they are best positioned. >> i have noticed at least half of those state polls are low. i think six of them. the president particularly singled out donald trump. gunning or hoping that donald trump is a nominee. you may have heard this remark where he framed it in a different way. >> mr. trump will not be president. being president is a serious job. it is not hosting a talk show or a reality show.

neil: we did have a response. what do you make of that? if i am donald trump, i will make an ad out of that. the president of the united states has kind of singled you out as the guy. >> right. exactly. democrats do not want to run against me. they think i will win. we are not sure that is the case yet. what is interesting is democrats and republicans have not taken donald shawl very seriously. before we even get to that general election, in the primary, there are lots of republicans that are resisting the idea of trump winning the nomination.

that first place thought to trump. we will deal with that later. wrapping up some delegates here. well well-positioned in some of these states. he is leading south carolina so far. leading those southern states as well. not going away anytime soon. it is interesting to watch republicans start to come at you know, you can see that first place spot. >> i can remember the way the carters folks felt about ronald reagan feared they fear he is seen more as a moderate. this crazy former actor. a disaster. easily rolled over. history such a just you should not conjure chickens. >> oh, sure.

there are still federal states to go. lots of delegates still at stake. when march comes, we will get into the winner takes all states. we are not seeing me of these other candidates about time soon. neil: most of the remaining have a lot of money. that is a big reason to check it out. thank you very, very much. we have winds here. take a look at what is going on on the democratic side. it is weird. it will not be open a lot of hours. how do they do this? >> you really want to cast that vote in nevada. also, more diverse than new hampshire or iowa. >> that kicks off harry reid.

clinton folks are saying that he had. >> yes. what is interesting, nobody from the clinton camp expected that going into nevada. they thought iowa and new hampshire would be tight. they thought they would be able to break through this. it is not happening, neil. nationally, it looks to be a dead heat. forty-seven-48. >> obviously, hillary clinton has a lot of money. bernie sanders has a lot of money. donors, to hillary clinton, start thinking, it you know, i do not know if i want to add to this. >> déjà vu. barack obama was kind of like a figure candidate first. they wanted to see how he would play early. caucus. to your point, wait a minute.

i think that that is what is happening. you have to look at potential fact there is. you look at hillary clinton. she does not have a lack of familiarity. sanders does a little bit. that is why we see it moving very fast. the popularity surprises him, even. they are trying to bring about the speed at which they are making the country and democrats familiar with bernie sanders. neil: she has an edge with the establishment. there are all of these superdelegates. she loses new hampshire. they split the delegates. now the caucuses are. beard hillary clinton won nevada. barack obama had very good ground game.

lots of room for craziness. >> i think that kind of headline does not help hillary clinton. you world the popularity vote in new hampshire. people start to feel like it is a conspiracy. the people do not like that. i think that it is weird. it does not sit well. i think it makes people in nevada have a limited time to vote. >> schools. >> yes. >> in a buffet. [laughter] >> that would be very cool. >> take you very much. to the right of that fight going on. ted cruz. marco rubio. donald trump suing. we have republican congressman steve king with us. good to have you.

>> good to be here. thank you. what do you make of the senators response? lawyers can dismiss it veered they still stick out there. they are dismissed, aren't they? >> if i understand this issue right, ted cruz is now calling donald trump. enough of this name-calling. enough of threatening the sioux. i think that it is about time. when you run a commercial, tape someone's words and represent that accurately. the person who said those words is authentic. they threatened to sue the individual. they produced the product. i think it is defamation that this information of character thing. >> negative ads.

the person of the future not so favorably. generally calling it negative of the person doing the ad. only telling the truth. you do not like the truth. having said that, what happened with these guys. raising the possibility. would you entertain the ted cruz? a natural born u.s. citizen. a very smart guy. i am wondering -- they go through the motions. very theatrical. what do you think? >> i thought of that same thing. trump is a gentleman. i do not know any of that. >> they are all good at this. >> a message that people under and. a nasty campaign down here.

i have never heard the word liar so many times in a debate. they carry that on. the commercials. that is one thing i do not believe ted has done in this. he does do stuff like that. not interested in picking up. this will hurt the party longer-term. they are doing so much damage to each other. whoever emerges as the nominee is damaged goods. >> you are right on that. no matter who wins the nomination, we will see donald trump in nevada television commercials in september. he will be lifted out of the

press conferences. all of these names that are called will be used against ted cruz. it does already damage our brand. it sets the stage for what i hope does not happen. that will be a division within the party. i would like to see it end. it has already gone too far, in my opinion going back and looking at that. people can make up their own minds on what is true. you better have that right when you see it. i do not think that a do. not on the part of rubio is not on the part of trump, for short. >> all right. thinking of south carolina, the other big one of course is the primary. we are here live this week. a lot on fox news at 10:00 a.m. the call to freedom.

later on that night, beginning at 6:00 p.m. south carolina. as long as it takes, as late as it takes. does it matter to you? whether we are talking sin city or what is going to be maybe a very abrupt in south carolina. it is happening any day. any time. we are there. much more on this and the markets. in and out of session highs. 900 points north of where we were. thursday lows. a little more than six dates.

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>> the only reason wall street survived is because the american people stepped in. let's be honest with the american people. the banks are stronger today than they were eight years ago. they do have better capital. taking the risk of a financial crisis off the table, no.

telling maria it will happen again. what she makes. trying to get other cases here. bernie sanders praises those remarks. i do not know what that means. it means that -- >> the government knows that you the government has absolutely no consequences for their actions. >> we do not have that. >> that is what they tell us. he is right. we need to be honest with the american people. it codified too big to fail. there is article 24.

purchasing any debt obligation. you can bail out the creditors. that is part of dood-frank. neil: there was something and bracing for the possibility. a stupid insurance policy. it will not be good. we will have another meltdown. the stocks of these institutions are freefalling. there is the currency. there is no controlling that. we will not let them fall. we just will not let it happen. >> you and i know that. everyone knows it. we will not let these banks fail. neil: this fakery. we demand they build up their cash reserves. cash reserves do not do squat in the middle of a meltdown. >> they know that they will not be allowed to fail. i know i will not allowed to

ever fail. you are a mortal. you know you are a moto sue you will not be careful. being careful with their shareholders. >> you know you are a mortal. they are obviously feeling very comfortable enough to say, gap, whatever. we will pay the fines. we will do what we have to do. when push comes to shove, no one will shove us to bankruptcy. >> it is never their fault. we do not allow failure. failure is how you learn. neil: a precedent here. i said it with president bush. dangerous precedent here. >> the government will have your back. that changes your behavior. when we do not have fear. i want these banks to be scared to death all the time of making

the wrong decisions. i want people to be scared. nobody is scared. it is how you are careful about what decisions you make. when you have no fear, there are no consequences. neil: there are these fdic rules. >> that is what the government wants. the government will make it for us. we will all be safe. neil: i appreciate that. the superhero stuff was one thing i never imagined. thank you very, very much. apple. you heard that tim cook is not really keen on sharing any of

this. how you crack the code. the department of justice. accessing one device. that is what i said. surely, the guy down the street. just that one. can you just open this up? i want to see what's in it. it is one guy in a blue shirt that knows more than anyone combined. here you go. we are making this a bigger deal. what the white house is saying is essentially what i have been saying. it can be scary. it is a matter of getting that. what they are saying, kind of what i am saying is, just do it. shut up about all of this other stuff.

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. neil: all right, this san interesting read on the white house on the apple dustup. the department of justice is not asking apple to open the back door, asking for access for the san bernardino terrorist. my buddy charles is here, mailing it in lately. good to have you here, buddy. on the apple thing, your view is scary, like my view. >> very simple, take the phone, give it to apple, crack it open, pull out all the data, return the phone and the data to the fbi. neil: technician is not the guy with the blue shirt who's a genius. >> he's plan x, if nothing else works. >> they say if you crack it open, they'll know you cracked it open and that's open to the government.

>> the only argument tim cook has here and resonates with the public is the notion that giving the fbi or this federal government the power to do that. here are your tools, the software and we know that you will only wink-wink use it to open this one particular phone and never use it again. i can see where he's coming from again, and why that resonates. neil: why isn't the administration doing this? just this one phone, and put it back to where it was. >> put the phone in an armored truck, take it to apple, wait outside the door, let him crack it open. let's clear this case, get justice going in the country and move on. neil: because these guys did bad stuff, on the phone what they were doing, and open it up. >> absolutely. neil: way to go. >> that's one problem we solved, thank you. i'd like to move onto another one that's a controversy, the supreme court, whether the senate is going to hold confirmation hearings. i said it sounded childish because you have the majority, if you don't like who the

president throws at you as a replacement for justice scalia, reject him. now they seem to be coming around, what do you say? >> seems dumb to say we're not going to go through the motions, go through the motions. the president has a right to make a selection, he has a nominee. believe me, it will be probably pretty simple to object to the president's last particular -- this is going to be his legacy, can you imagine who he may put there. neil: do you think who you pick -- i think it would be politically more dangerous for those five or six republicans who have uphill re-election battles in the senate to skip out on a confirmation altogether than whether they voted for or against the president's supreme court. >> absolutely. neil: do you think that would be a political issue in a contest? >> for the local election? it could be. if you're one of the wishy-washy states, few republicans stepped up and grassley stepped up and heard

from a few others, let's go through the motions. >> but it's far less damaging to just reject a nominee if you don't like the nominee, than to not even give the nominee a chance. >> it adds a little meat to the bone of obstructionists. neil: in the past, you've come up with names longer than that, right? >> yeah, and washington rutledge was rejected, adams criten don was rejected, tyler puts up six nominees, they were all rejected, all of them. milliard fillmore, you love millard fillmore. neil: i love him. >> who doesn't. neil: that was one that nixon ultimately replaced. >> during an election year. the bottom line is this has nothing to do with race, you're hearing that dumb junk come up, and to a certain degree, maybe

the gop is playing your hand wrong. donald trump had it wrong, delay, delay, delay, but go through the motions. >> come on, right? always good, buddy, take care. >> you, too. >> charles payne. i want to talk to charles about the markets but we're out of time, and charles has things to do. i got lunch, hello? after this. growing up, we were german. we danced in a german dance group. i wore lederhosen. when i first got on ancestry i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all. 52% of my dna comes from scotland and ireland. so, i traded in my lederhosen for a kilt. ancestry has many paths to discovering your story.

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. neil: you know, if we do have eight justices on the supreme court for a while, there a

conservative argument that it benefits conservatives who are freaking out about this. andy lipow says it depends how you look at it. a lot of these guys a 4-4 decision have to revert to lower court rulings that were used to rein in the president after aggressive epa or coal industry. andy here to sort it out and the political machinations in all of this. first on a 4-4 ruling, lower court rulings that are not friendly to the president on the environmental issues would stand, right? >> well, that's exactly right, and when the supreme court is looking at giving a stay to the epa on power plant emissions, they're sending it back to the appellate court to see how they decide. if the appellate court rules against the obama administration, then it's going to really impact the epa's ruling for power plants. neil: and also, this idea of government overreach. of course, when it comes to

executive actions by almost any president, the court looks askance to that. we don't know how it will break down in a 4-4 situation, you noticed another phenomenon going on here, this might not involve the court at all but sheer politics in the coal producing areas, explain. >> absolutely. if you have regulations that are really shutting down the coal industry, and what you're having is loss of jobs in states like kentucky or west virginia or other places like alabama and mississippi. man on the street is saying the government is doing nothing for us but taking away our jobs. we're switching our political allegiance to the other side, which means the republicans. so those states become even redder. neil: so the political wind is moving right, in that sense, on these environmental issues? >> absolutely. especially in these coal producing states, because the government has not provided them with an alternative job

scenario to keep the people working. >> andy, good talking to you, my friend. i appreciate it. very different read on things that are out there. all right do, any of you have these new tv's, the samsung tv's, you say change channel, go to fox business. well, the tv's hearing you when you say that. it's hearing everything you say, even when you're not talking to the tv. that's a little weird, and now samsung itself is saying, you just might kind of maybe just cool it on what you're saying in front of our tv's. i'm not kidding. after this. ♪ they say that in life, we shouldn't sweat the small stuff. but when you're building a mercedes-benz, there really is no small stuff. every decision... every component... is an integral part of what makes the 2016 c-class

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. >> i'm adam shapiro live on the floor of the new york stock exchange. wall street enjoying a rally this afternoon on news of oil going up. above $30 a barrel after iran said it would abide by opec's freeze on production. take a look at oil stocks up today. exxonmobil is up over 1%. chevron is up almost 4%. bp up almost 3.8%, conocophillips and marathon oil enjoying a ride up. the airlines are enjoying a

positive day. united airlines up 3%, it has a tentative agreement with labor unions, the airline dispatchers but the mechanics rejected a 6 1/2 deal. back to the table on that one. american airlines and delta up on actually investing in delta 2 million shares. more cavuto after this.

. neil: you know, samsung has the tv that you can talk, to they change the channel to you, switch to fox business, show me what's playing on pay-per-view. which is fine, makes it easier sitting on the chair, picked up a remote and do something. here's the flip side of, that apparently the tv's can always hear you, and samsung is saying, you know, it's not us, but you might want to be careful what you're saying. i'm exaggerating a little bit. not too much. samsung is saying, you know, they're a third party provider who will get a lot of this information you are spouting into the microphone. attorney doug burns on that. that's a little weird, but it does make sense, if it's hearing you snap orders changing a channel, it can hear everything else. >> at the same time, my goshgsd george orwell, 1984, big brother is listening to your conversation, scary proposition that you're sitting in front of

the television, what you're saying, actions, maybe for others to consume. one quick point, neil, you can disable the voice activation by going to a settings menu. neil: you don't want to deactivate it if that's twhupt do to -- >> i'm saying i'm not advocating you should have to turn the mechanism on and off. neil: there's a way of limiting what it does just to those functions. >> right. and, you know, apparently the camera function also you can cover up. but the reality is, if you look at it legally. neil: whoa, whoa, whoa, what do you mean the camera function. >> there's apparently a camera part at the top as well, neil, and i saw a demonstration online where somebody took opaque tape and covered it up for the simple proposition it can't record what you're doing. neil: this is scary stuff here, tv's are now taking over the world? you as a lawyer, got to put a stop to it.

>> you make a great point, neil, the reality is law has to adjust to the situations and you will see lawsuits and tweeking and litigation in the courts to get to the point where we're stemming in the tide. you walk down the street, obviously, i hardly have to tell you, every single person is like a robot, and the stuff is overwhelming our lives. where is it going legally? neil: apple, the administration saying avoid the justice department, just this one phone, apple, crack it, find out what's on the terrorist, san bernardino terrorist phone and doesn't have to be a constitutional privacy argument. >> let me just say this. i heard what you were saying earlier and you're right, neil. they would have almost no legal position whatsoever apple if it were established they could obviously go into the one phone. their argument is we may have to use global software which will affect others. that's not really the argument. you were discussing their argument.

neil: one phone. find out what's on the one phone. >> that's right. the idea that the government would breach it, that's not legally viable from a legal standpoint because the point is, just because someone might violate the law under the hypothetical is not grounds. i think they'll have a tough time if, in fact, they can retrieve the data from the one phone. if on the other hand, if i were the judge, that's the core issue, if can you get it from the one phone, fine, if you can't, that's different. neil: and can you figure it out with the guy in the blue shirt at the store phenomenal and doesn't have to be a big old issue. why is it so difficult if great lawyers like you can figure it out. >> i can figure it out straightforward, just get the data from the one phone. neil: don't do it in front of a samsung tv. >> just don't do it in front of the tv. neil: good having you, buddy. walmart is doing something kind of freaky when it comes to the privacy concern. it's tracking its workers but

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give it to your employer, aggregated with your name off of it. let me give you a sense of the wild stuff they bring, that they find and bring to your employer. credit scores, for example, what does that have to do with your health? hospitals are close to people who will get their prescriptions refilled and do follow-up care. low credit scores, people don't do that. highest credit scores they do. shopping patterns, if you go to the bike store, that's a good thing, we consider you healthy, right? if buying video games online, not so much. how about voting in midterm elections, there's a correlation with that and being healthy. why because people assume if you're voting in midterm elections, you're closely connected to the community and mobile, you get out. you're not afraid to leave the house. looking at everything. in addition to the things i've shown you, claims histories, prescription drug use, all of this tells employers how sick you are likely to get but

allows the companies to send you e-mails what to do next to keep yourself healthy. one of the things the companies said to the "wall street journal" was if they know where you shop and what your diet is like, they are more likely to predict your possibility of having a heart attack than if they even have your dna. shopping matters. i've been staying for a long time, neil. neil: wow, if they follow me to wendy's, i'm so done. [ laughter ] >> thank you very much, gerri willis. we're only minutes away from getting the fed minutes of the january meeting. and i wore this silly thing? my gosh.

. neil: all right, we are minutes away from the minutes from the last fed meeting in january. that was the meeting they eskewed raising rates. what is going to come of the meeting? what did we learn? it's the fed minutes! from last week! last month?

neil: could we kill his mic, suzanna. obviously, charlie gasparino lizzie mcdonald, connell mcshane. they're going to detail what? >> i think there is something, charlie is making fun of it. neil: really? >> this is huge news. >> it's not, really. because she just testified, janet yellen, gave us the decision, holds news conferences, what else is she going to say? the markets have been more turbulent. neil: trish regan is leading with it, it's a big deal. >> probably going to show we're dovish, and watch what gold and oil does and caterpillar -- >> they all of a sudden they were on a steady rate hike campaign, and now not. not that it would have come in january. >> and traders that i talked, to charlie's got terrific sources as we all know, it's probably already in the markets.

>> all backward looking. neil: yeah, but you have to look back to look forward. >> no, you don't, really? who said that. is that aristotle? >> i think stephen leeb said it. >> you know who said that? rupert darwin said that. >> here we go. >> inside joke. >> nothing works on television, i always said better than an inside joke. >> because it's backward looking, pricing the market. i think they're much more relevant. neil: what's priced in the market now. >> no rate hike. neil: none this year? >> no. >> why is the market going up? interest rates will be steady. oil prices are marginally going higher so people think it's a good trade, but you know there's other fundamental factors which this won't discuss, which is do we have -- is the economy growing? is consumer spending going up? neil: at the time of the meeting we were in the middle of a freefall, right? talks have stabilized somewhat. >> monitoring the market at the time.

things have stabilized to the extent. >> that's the market. >> we have a little inflation in the wholesale level today, nothing crazy. >> remember what the minutes talk about. neil: now you're interested in this. >> give viewers a bigger holistic picture of this all. they're going to be talking about -- just coming back from the -- >> from the bar? >> exactly! >> no, i just had food poisoning. i'm purged of everything. they're going to look at the economy as it was last month. markets look forward. so that's why this is relating -- neil: do you think we'll get anything from the minutes. >> no! >> i'm talking to lizzie who is much more cooperative. that might hint of where they're going to go? >> no. that's it. that's my answer. >> she would love to disagree with charlie, but she just can't.

>> we need to consult the economist rupert darwin. neil: yes, google him. the last professional here. [laughter] >> do you think -- we don't have rate hikes all this year? i heard one rumored to 2017. that's weird, isn't it? >> it is, because in the beginning we would have said rates would have been so low for so long, they need to go up. they boxed themselves in. we need to talk about -- >> neil! neil! >> do you know the voice he's doing? stephen leeb. >> what does stephen leeb say? neil: a horrible impression, they think you're doing a trump impression. >> can we get back to this? neil: 10 seconds. >> talking about everybody staying in just to force a brokered convention. >> who predicted a brokered convention? >> despite the glasses as trump

might say. neil: trump is not a fan of glasses. >> i'm not giving them up for lent. neil: okay, i want to get to trish regan on the very crucial minutes. hey, trish. >> we are waiting on the minutes, thank you so much. straight to peter barnes standing by in d.c. with them now. >> reporter: trish, the minutes say the fed remains data dependent and as usual interesting text here that suggests that the fed may take its time to raise rates going forward. it says that the data that it's watching closely, almost all participants watching tighter financial conditions in the u.s., including the decline in equity prices, the widening of credit spreads, further rise in the valley of the dollar if they were to persist, maybe to