fox news out with new polls from south carolina. critical numbers you have to know heading into saturday's crucial primary. [closing bell rings] look how the market ended the day. gold a pom of 2%. good for gold bugs. gerri: good for gold bugs but bad for people in 401(k). here is everything you need to know right now. "the donald" strikes back. donald slamming pope francis disgraceful after questioning his faith after he suggested that the presidential candidate is not a christian because much his plan to build a wall on the u.s.-mexico border. blake burman is there with the

latest. blake? reporter: pope francis was injected into the race today when he was asked about donald trump's plans to build a wall along the mechanic can border. the pope responded in part, i'm saying the quote, person only thinks about building walls wherever they may be instead of bridges is not a christian. this is not in the gospel. the trump after that did not critshy away from criticizing the pope. he said the comments towards him were disgraceful. >> for a religious leader to question a person's faith is disgraceful. i'm proud to be a christian. and as president i will not allow christianity to be consistently attacked and weakened unlike what is happening now with our current president. reporter: trump also said if isis attacks the vatican the pope would have only quote, wished and prayed that trump were president. he accused mexican government

using the pope as a pawn. we will see if this has any impact on the presidential race going forward. the south carolina, primary, keep in mind is on saturday. the latest "fox news poll" has trump up big, gaining support from 32% from likely south carolina republican voters. gerri, david, that puts him 13 clear of ted cruz. back to you. gerri: blake, thanks for that. david: here with his take, "fox news sunday" host chris wallace. chris, i hate to switch bait on somebody i brought in, particularly somebody like you but we are going to talk about the polls but i have to ask you about this trump-pope battle. what is your take? >> well in a campaign that you thought you had seen it all the idea that the pope would get injected into a presidential campaign and get frontrunner for the republican nomination calling the pope out, you couldn't make this stuff up. i will say this, however. we're not talking about massachusetts here which is the most heavily catholic state in

the country. we're talking about south carolina which has the second lowest percentage of catholics of any state in the country this is a fact that the trump campaign is aware of. and while i don't think they were looking for a fight with the pope. if you have a fight with the pope in any state south carl line is not -- david: that is great segue into the fox news polls. evangelicals makes up six of 10 of voters in south carolina and trump has the lead in that, i think by about eight points above cruz among evangelicals. >> yeah. it's interesting, trump's lead is a little bit smaller than it was back in december, the last time that fox did a poll in south carolina but having said that, he is still pretty strong. 13 points is a lot. this poll was tape completely after that explosive debate on saturday. some people wondered how that would affect trump's standing

with voters generally in south carolina especially with veterans given the fact that trump was questioning our getting into the iraq war in the first place, questioning president bush keeping the country safe and whether he was responsible, you know, should have done more to prevent 9/11. and the lead among veterans is still strong. so trump does not seem to be badly hurt if hurt at all by what happened in the debate last saturday night. david: famously we saw at the rally the other night a vet, iraqi vet get up on the stage and support trump however his negatives are still pretty high, 39%, according to the fox news poll, hurt 9% say they would -- 39% say they would never vote for donald trump. that number increased, up from 24% in december, what do you make of that? >> it doesn't matter and let me explain why it doesn't matter. if there were two-man race and trump against one other can diet

and 40% saying there is no way i would ever support trump, that would be very serious but you have a six-man race. that opposition is split among the other five. and as long as the field stays crowded, and he doesn't phase either one or two other people, then he can get a plurality of 30, 35% and have a handsome victory. his worry has got to be if this gets to be two or three-man field and at that point his high negatives could become an issue for him. david: there is another negative, which 47% of the voters feel trump unfairly attacked other candidates but there is a lot of that unfair charge going around with cruz as well. >> yeah, i was going to say, the numbers, the negative numbers for cruz for rubio, for bush, are pretty high. where this becomes a problem, not for individual candidate. i think it become as real problem for the republican party in general. with the nature of these

personal attacks, with people not just disagreeing on issues, but openly calling each other liars and nasty and dissembling, it will be hard to put this humpty dumpty back together here to get a unified republican candidate to run against either clinton or sanders. the approval for them in the party and willingness to accept them where trump's numbers are under water or almost under water, there is huge percentage say they could never support him, for hillary and for bernie sanders, there is a big majority that would be willing to live with either of them. david: now the pope is in the mix. lord knows what's next. chris wallace. >> have to see what his approval numbersrare. david: i'm sure they are probably about the same. i don't know if they have been affected by this. thanks very much. chris wallace. catch chris sunday on the weekend every sunday on fox news and 2:00 p.m. and 6:00 p.m. eastern time.

that is a repeat. be can local listings, that's every sunday. fox business will have full coverage of the south carolina primary and nevada caucus this saturday, starts 6:00 p.m. eastern time. gerri? gerri: so much to watch. white house defending president obama's decision to skip the funeral for supreme court justice antonin scalia. while battle over scalia's seat they are split over the his successor according to cbsn "new york times" poll. kevin corke with the very latest. reporter: glad to be with you. i'm glad we get to talk about this because this is tailor-made for the water cool. people are weighing in whether or not the president should attend the funeral of late justice antonin scalia. on one hand the white house points out the president will be going to viewing at the supreme court. his vice president, with whom by the way had a very close relationship with the justice will in fact be attending funeral on behalf of the

white house. so the way they're selling this, look, we're doing everything we ought to be doing to say nothing of the fact that the president has spoken glowingly about the legacy and the man and, antonin scalia but press secretary josh earnest seemed to take umbrage that the president should still be going to the funeral. listen to what he said today at briefing. >> there is so much rancor and politics and parcel sawnship we allow ourselves to get drawn into different corners, some people want to use the funeral after supreme court justice as some sort of political cudgel. reporter: that sounds harsh but to some it is harsh but keep in in mind the president has spoken highly of the judge despite the fact that they like to make mention of obvious which he disagreed with him on great many issues, gerri. gerri: kevin, thank you for that. donald trump taking on more than just the presidential rivals. today's beef is with the pope.

>> if and when the vatican is attacked by isis, which as everyone knows is isis's ultimate trophy, i can promise you the pope would have only wished and prayed that donald trump would have been president. gerri: our panel weighs in on this new controversy coming up. david: also trump's attacks on ted cruz don't seem to be making a dent on that candidate. in fact they may actually be helping cruz. we have results of a new national poll and reaction from rick tyler of the cruz camp. gerri: using chewbacca to prove a point about the dangers of texting while walking. >> excuse me? did you notice chewbacca this morning? >> i did not. >> chewbacca, the wookie right there.

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jo all eyes on las vegas. bernie sanders and hillary clinton holding town halls tonight as fight for nevada caucuses. ed henry joins us. reporter: good to see you, gerri. pattern developed for hillary clinton. iowa, big double-digit lead, virtual tie for bernie sanders. new hampshire double-digit lead and double-digit victory for bernie sanders. just about a month ago in nevada there was double-digit lead for clinton now it is dead heat. you see this playing out over and over again. she got her early this morning hillary clinton did. went straight to caesars palace, midnight shift with housekeepers and others trying to get employees out there, get word out for them, caucus with her here saturday in nevada. the problem with her, the challenge with her, old campaign

donors according to "new york times" had a meeting with their campaign manager in new york while she is on the ground citing for votes and her campaign manager heard an earful from campaign donors complaining about early stumbles. the campaign manager shot back, look, nevada is hard to predict. she could win big or end up losing. that is probably not what your campaign donors want to hear that it could go either way. this sun with of the states she supposedly had huge edge with latino vote. the clinton camp response says they still have a big edge with african-american voters in south carolina. republicans vote in south carolina this weaken but democrats vote a week later. bottom line, when bernie sanders went behind closed doors today with various african-american leaders from reverend al sharpton, and mark more real from the urban league he is trying to cut into hillary clinton's minority support. if he can do that not just with

latinos in nevada but african-americans in south carolina georgia, mississippi, some big primaries coming in march, that will deal a big, big blow to hillary clinton. on the other hand if she gets african-american vote to get behind her that will stablize what is very, very difficult situation for the clinton campaign. gerri: hillary in trouble. ed, thank you for that report. reporter: good to see you. david: as the president gets ready for his trip to communist cuba and bernie sanders pulse into a dead-heat with hillary clinton, many americans are wondering if the failures of socialism all over the world. even a economist from bernie's own party, that his proposals can not be supported by economic evidence. could socialism come to america? here to weigh in scott martin of united advisors and steve moore, heritage foundation. both are fox news contributors. some people say we're already close enough to it, why not go all the way?

obamacare's failures may be because we have not gone whole hog, which you would say? >> david, when you asked that question, when i started to laugh when social system coming here i think in a large way it is here already. that is what we've had last seven years. what bernie sanders says let's go all the way with this. we're 60,0% all the way. -- 70%. did you say the president is going to cuba? david: yeah. >> that is socialist fantasy, right? wonderful thing. free everything. i've been to, you go to cuba, like nothing happened 50 years. david: but it has but i wasn't planning to jump ahead to cuba but scott, the thing about scuba, i understand wanting to open it up. that did help china, opening of economy but in the case of president obama and certainly bernie sanders who went to it, 20, 30 years ago, said how wonderful it was, i'm wondering if they're going not necessarily to open it up or to support the policies of raul castro we see

here? >> think about the people there, david, that will get exposure hopefully at some point to true capitalism and be able to succeed. i think steve's right, the last seven years are the blueprint, harry, dick and sally. this is exactly what you need to see as far as preview of coming attractions. all i've seen is health care system, yes, isn't fully socialist yet but hurt millions of americans with regards to their care. it has put middle class pretty much out of business and made the poor poorer, and wealthy wealthier. this is what we've seen so far in seven years. it's not working. david: we could make light of it and joke about it because, it is almost jokable but we have to remind ourselves, raul castro is murderer. he used to kill business people. call them counter revolutionaries, personally hold a gun to people's temples and blow their heads off. that is president obama sitting with. let me move back to the letter written by economists, moderate

democratic economists like austan goolsbee and others these claims made for bernie sanders's economic plan undermine credibility of progress sieve economic agenda. i didn't know that agenda had much credibility but will their letter condemning bernie's plan not adding up make any difference? >> i don't think so. most of those guys who sign the letters are in hillary clinton's camp. i don't put a lot of credence in that. but to your point about, you know the fact that castro murdered people, the thing that is dangerous about putting socialism, you put more and more power into the hands of government, right? you lead not just decline in living standards, but human rights abuses left and right as well. at heritage foundation as you note, david, earlier this week, we came out with the index of economic freedom. the headline of that report as you know over the years is more economic freedom the richer our country is. david: yes. >> the countries with the most economic freedom, the least socialist have 10 times higher living standards than countries

with big government like cuba and north korea. david: doesn't make any sense. >> it is pretty simple. david: people are still drawn to that. guy, thank you very much. scott, steve, appreciate it. gerri? gerri: republicans preparing for a battle in south carolina but who stands the best chance against hillary clinton? it's not who you may think. plus candidates still on the attack. new warning to the grand ol' party to quote, stop acting the fool. todd starnes is here to explain coming up. >> i'm proud of the fact that i have, i'm spending less money than these other characters. you know they're politicians. all they know how to do is spend. >> he is not a conservative. he is a, not a conservative. leading candidate in the conservative party. he hijacked our party. >> this is disturbing pattern, guys, disturbing pattern. every day they're making things up. thanks for doing this, dad.

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their attacks with two days to fight night. after debate in palmetto state todd starnes says republicans need to stop acting the fool. he joins me right now. great to see you. we were talking about this during the break. what do you mean they need to stop acting the fool? >> that is old southern saying. time for them to start acting like grown ups especially after that last debate like political version of "mean girls." everybody is name-calling and they're photoshopping faces on bodies. that is really outrageous. the problem is, candidates are not talking about the issues. and that's really what the folks in south carolina, that is what folks across the nation are waiting for candidates to talk about. issues are important. gerri: there are lots of issues to talk about but maybe there should be an adult in the room but parties are so weakened, candidates are so strong, individual donors are so strong, is that the reason we're seeing really nasty infighting? >> i think it is. one of the reasons like donald

trump and quite frankly dr. ben carson coming up in the polls. very popular in south carolina by the way. they're not traditional politicians. they're seeing folks saying you know what? tired of sending folks to washington an promise to be conservative but in fact govern as liberals. gerri: about people from south carolina, you're from there, what do they make of this do they hate the fighting or love the fighting? >> folks in south carolina like to see who can take a punch. they are disappointed by donald trump because he took a few punches. gerri: he is leading. >> he is leading. there is nothing conventional about this presidential cycle, no nothing at all. gerri: amen. i have to ask but the idea about the pump attacking the pope which i was so shocked by. we learned tonight in south carolina they have lowest proportion of catholics of almost any place in the country. they have a lot of evangelicals though. they're protestants. will they pay attention to this? does this register with evangelicals.

>> oh absolutely. look, i'm a southern baptist. everybody in south carolina is baptist including the catholics. it is predominant religion down there. i suspect the pope just handed south carolina to donald trump. gerri: fascinating. you think trump benefits from this. >> absolutely. gerri: why? >> again, southern baptist, evangelical christians they're mobilized in south carolina and i think they look at the pope saying what he said. i think it will have adverse reaction. i think folks will go out and vote for donald trump. gerri: love it, todd. thanks for coming on tonight. great to see you. >> absolutely, gerri. david: baptists don't like the pope, do they? dow snapping first three-day win streak. here is, focus your attention on the last line. gold at one point was trading $1240 an ounce today. came back down to about 12:30 four. a huge -- 1234.

trump-cruz feud is heating up even more. hitting the them on ticked off supporters. >> everyone gets why someone would support trump. you're ticked off. you're ticked off at washington. washington's corrupt. and trump feels like a way to tell washington to go jump in a lake. i get that. that makes sense to me. david: coming up next we'll talk to rick tyler. he he is the cruz campaign manager and talking about the fight for south carolina. the back and forth between the pope and "the donald." that's next.

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the all-new glc. mercedes-benz resets the bar for the luxury suv. starting at $38,950. david: new poll is adding fuel to the fire in the feud between donald trump and ted cruz. ted cruz edges out trump by 2% in national poll according to nbc and "wall street journal" but trump is less than gracious about his second place position, calling the poll, phony. here with his take on the battle for south carolina rick tyler, cruz campaign communications director. so trump calls it phony. says it's a total joke. you say what? >> he said, i'm sorry he said it's what? david: he calls the poll phony rand says it's a total joke and you call it what? >> well, look the poll is

capture in time we're pleased to see. hope it represent a change. donald trump calls anything he doesn't like phony. look, that doesn't add up. so, we're pleased with the poll. what can i say. david: it did show momentum for cruz at very least. other polls show the momentum. they don't show cruz winning. did the debate hurt trump? was that a factor here? >> i think it did. he didn't perform very well in the debate and looked angry and hostile to me. the fact he has been angry and hostile with almost everybody. when you're ahead you should relax take on leadership role and act presidential and instead he acts petty and petulent most of the time and runs around calls people name and calls them liars. talks about scandals and other nonsense that is not what people are interested in. i just think it hurt him. david: the other thing that happened besides the debate of course, justice scalia's death, two things happening on same day. did that add to cruz's lead? >> i think what it did, it

focused american people to say, you know this is really serious. we have a court vacancy. a lot of presidential campaigns talk about court vacancies. they usually translate into people being able to go and vote. scalia's unexpected death. he is constitutional conservative lion on the court. idea that barack obama would have opportunity to replace that justice, now we know that he most likely won't. but it got people to focus. i think they sew the whole debate in a new filter. we need someone who is serious. someone who can pick someone for the court who would vet the candidate, make sure there are constitutional conservative. make sure they protect the constitution. donald trump showed no testimony meant or capability did, temperament or capability to show how important at that was. so i think it did give ted cruz an advantage. david: trump had big lead all over the place, except for "wall street journal" poll, that

he could more play for general audience. a lot of attacks bush were about on saturday night. he is playing not so much to the primary audience but to the general electric, maybe getting democratic voters over to his side. when does cruz start to do that, if ever? >> you know, that is a very old model. barack obama disproved that model because what he did he motivated his base and had a base election and won two campaigns overwhelmingly on both while our party tries to, you know, go to the middle. the problem is the middle doesn't exist anymore. there is really 9% in the middle. if you look at party in terms of idealogically, the 538 weighted republican party as 71. ted cruz is 72. so ted cruz is this middle of the party. what we need someone who motivates the base to go out and vote. that will, help every candidate on republican party down ticket. if we pick someone to the left, like donald trump or like marco rubio, the base will not

be motivated to get out. we saw that with john mccain. saw that with mitt romney. saw that with bob dole. so it goes over and over again. yet our party doesn't seem to learn the lesson. if you motivate our people who are with us and we're in the center of them we can win elections big. david: fascinating stuff. rick tyler, thanks very much for coming in. appreciate it, rick. >> appreciate it. thanks. david: new feud as i'm sure you heard for donald trump and it all started on fox business last week. take a listen. >> the pope is a very political person. i think he doesn't understand the problems our country has. i don't think he understand the danger of the open border that we have with mexico. and i think mexico got him to do it because mexico wants to keep the border just the way it is because they're making a fortune and we're losing. david: then the pope responded. take a listen. >> translator: a person who thinks only about building walls wherever they may be and not building bridges is not

christian. david: trump wasn't going to let that lie. he fired back at the pontiff. >> for a religious leader to question a person's is disgraceful. i'm proud to be a christian and as president, i will not allow christianity to be consistently attacked and weakened unlike what is happening now with our current president. okay? believe me. [applause] david: of course donald trump is reminding everybody in tweets and retweets that the vatican itself has a huge wall surrounding its own border. gerri. gerri: here to weigh in on this back and forth, tony sayegh, jamestown vice president and jonah goldberg, "national review" senior editor, both fox news contributors. let's get into it. trump says this is disgraceful by the pope. is this cynical effort to motivate evangelicals in south

carolina? tony to you first. >> as catholic i hate the idea pope gotten involved in brutal primary process where donald trump is taking on everybody. i thought the pope would be off limits. in reality of matter talk about immigration reform in republican base, trump wins on this one. not suggesting that he will win long term. i think there will be pockets of catholic voters in this country, rust belt in michigan coming up which has larger catholic population than perhaps south carolina, in height, pennsylvania where this kind of battle with the obviously patriarch of the catholic church will hurt trump. but in the short term with voters who are very fixed behind him, who view him as outsider, as secular and like that, i don't think trump loses for this round. gerri: jonah to you, the trump also said that the pope would like to have him and his army and everyone protecting him from isis. what did you make of that? >> i thought it was kind of funny and very trumpian.

i basically agree. on the short-term merit of this, at least, i'm not a huge donald trump fan by any stretch of the imagination, trump has better part of the argument. i think the pope probably made a mistake taking this bait. at the same time there is a real risk for donald trump in the sense that you know, if, you even have the pope going after you and there is just so much controversy and, seems so compromised and seems like pig pen everywhere he goes there is new mess going around, at that point doesn't seem presidential. gerri: pigpen. that is why i want you both to answer this quickly. tony to you first. trump says look, once i become president i will start acting differently. i will be more presidential. do you buy that? >> obviously disruption is working for him. i don't know if he decides that is any different. if he becomes president he will have to disrupt entire system he is been running against. i don't know how much tactics

will change. pigpen, rodney dangerfield of donald trump comes out every single time takes on one of these big figures. he always seems to come out on top so you can't bet against him. gerri: jonah,do you agree. >> was it east sop's fables score europeans stings. will that be the donald trump when he p.m.s president? i find that very unlikely. gerri: different top pick, john kasich, hot seat with stephen colbert. boldly winning a late night crowd over back and forth about his policy proposals. >> some regulations is okay? you're running as republican, some regulation is okay? >> look, republican party is my vehicle. it is not my master. [cheers and applause] so here's the thing, stephen. >> boom, boom, mic drop on that one. that's great. gerri: our panel is back with us. tony what do you make of that? >> i love kasich's optimistic message. i am acolyte of jack kemp.

he is channeling him more than anybody. this in new hampshire he is somewhere between bernie sanders and hillary clinton. moderate republicans don't win republican primaries. next thing he will win straw poll at uc berkeley. winning over colbert crowd doesn't help him that much. gerri: what does this say about the electorate that got this response? >> the electorate is not the hardcore, stephen colbert audience per se. he is skying with all his heart and soul wouldn'twin coveted slot of 2016's jon huntsman. i don't think he has any chance playing game buying into liberal straw men what conservatives believe or don't believe, play to type and bashing his own side playing to people only voting in democratic primary is a brilliant strategy. >> the other thing kasich said the debate are the dumbest thing going. tony, what do you say. >> i disagree.

minimizes it. in fact i think it helped john kasich. look how well he performed in new hampshire. look if you're donald trump you can run and say the republican party is not your vehicle because you were never an instrument or someone from the republican party. john kasich's entire political life has been essentially as a republican elected official. for him to say it, ring as hollow and self-serving. i don't think benefits him in long run. gerri: interesting response. great job, tony, so glad to hear the name jack kemp. haven't heard the name in a while. he was a great man. apple getting support from its neighbors in silicon valley in its fight against the fbi. kanye west might have learned the hard way not to get in the way of apple fans and their music. how apple fans got ahold of the album that kanye said would never be on apple. that is coming up. ♪

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gerri: whether it's on wall street or main street here who is making money and losing money today. kanye west feeling major effects from piracy that is, after tweeting out that his latest album, the life of pablo, will only be exclusive on title. fans responding by illegally downloading the album over 500,000 times. chicken and waffles coming to mcdonald's. yea. they are testing out the new chicken mcgriddle in 11 locations in ohio. the sandwich will be available till the end of march. david: silicon valley including google and microsoft backing apple in the fight against the fbi over the government's demands for the tech giant to help break into an iphone used by the san bernardino terrorists but former u.s. attorney general john ashcroft says apple is wrong. >> you can not have an american company that provides a sanctuary or secure area where terrorists can communicate and

can plan and carry out plans to disrupt america and to destroy our freedom. david: become quite a battle. very own liz macdonald joining us. we have a victim's family weighing in saying apple is wrong as well. that is tough to combat. >> reporter: that's right. family of murdered british soldier lee rigby. he was slaughtered by islamic extremists on streets of england in 2013. uncle of lee rigby is coming out saying that apple has no sympathy for terrorists. if that is true why is he block being fbi access to the iphone that could stop further attacks. he is saying, you know, apple has the moral duty to adhere and basically to protect terrorists, protect individuals before protecting terrorists that should be the issue. at the forefront here, he is saying i would hate to see on the streets of london another lee rigby murdered or another paris-tile attack. he is also saying issues a

warrant to search somebody's house why can't they issue a warrant to search somebody's iphone. talking about warrant-proof products. doesn't think it's a good idea, david. david: this will be a huge legal battle. this may even go to the supreme court. it is important who defends each side. you're betting inside scoop who apple might hire? reporter: yeah we're talking to people close to the matter and there are two law firms key here. the first is wilmer cutler, pickering, and gibson, dunne and crutcher. those two firms are helping apple already in it is petition before the supreme court with regards to the department of justice's ebook price fixing case apple is a part of. apple using the two law firms to defend itself but what is coming into primary focus here is ted olsen. ted olsen is at gibson dunne. he could be hired here. he has won major cases. he took on bush v. gore.

represented gw there. his wife barbara passed away in the 9/11 attacks. she was on the american airline flight that crashed into the pentagon. he has been successful in cases including same-sex marriage. he is titan. david: how ironic his wife was killed by terrorists when terrorists at center of all of this. why can't apple go into the device give the fbi information and not let government near the code is protecting? >> that is what is at issue. basically apple is saying fbi and department of justice is trying to get the court to compel compliance with a search warrant and compel a manufacturer to write new code to mine its products. we talk to law enforcement and people close to the matter, they're saying prior to 2014 apple did comply. these are older phones not as tightly encrypted as newer products. we have a brooklyn prosecutor, saying 70 times according to

their preliminary survey, apple turned over information, went into the phone. issue does apple need to give code to the fbi to break into it or can apple go into the data to give it the fbi. that is at center of debate. david: what an incredible debate. very strong points on both sides. will be something to follow it. liz macdonald with all the details, gerri. gerri: using chewbacca to prove a point. >> excuse me, sir, did you notice chewbacca? >> no, i didn't, sorry. >> no i did not. >> right over there.

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to help you keep rolling with confidence. go long™. ♪ david: we have breaking political news now from charlie gasparino. go ahead, charlie. >> well this may be the first of a lot of these type of lawsuits. we're still trying to figure out the connection with one donald trump who has been out there basically saying ted cruz is not a citizen, what we know now a pair of new yorkers filed suit with the new york state board of elections, basically get ted cruz thrown off the ballot in new york state. they are known as barry corman and william gallo, a lawyer by the name of roger j. bernstein. a guy i understand done work with mr. trump in the past. i do not have that confirmed. there is a lot of talk that the lawyer who filed this thing and these two guys have some relationship to mr. trump. like i said, they have filed a

lawsuit. fired a lawsuit against the new york state board of elections to get mr. cruz booted from the ballot because he is not a u.s. citizen. we have calls out to mr. bernstein. we'll call mr. corman and mr. gallo if this is in any way what mr. trump is saying. are they supporters? are they part of the campaign? we do have calls out to mr. trump but you know, that is how donald, if he wants to be successful getting ted cruz off the ballot, have to do it. petition every state. go into every state and start suing. he is suing in his home state of new york. this filing was just made from what we understand. and we'll see where it goes. political people i talk to in the last couple minutes about this thing give it very low odds of ever happening but you he know, fun continues. david: but it continues. charlie, thank you very much. gerri. gerri: "wall street journal" personal tech columnist, jeffrey

fowler using the "star wars" character for an experiment on distracting people texting while walking. >> most people recognize the problem but think they're not guilty. do you think you can really get away with multitasking? enter chewbacca, courageously played by my colleague nate. he stood in the busy walkway while i waited in the wings to see whether texting pedestrians would notice the fame must wookie in their way. gerri: jeffrey joins me. this is pretty funny. you found out in fact it is really dangerous. what kind of danger do people have? >> we've all seen it. people out on the streets, staring at their phones. i did the experiment. saw people did not see chewbacca on the street. i dug into numbers that the consumer product safety commission keeps on emergency room visits. i found out number of people, americans going to emergency rooms because they were distracted pedestrians, distracted by their phones spiked hugely in the last five

years. it is up 125% basically. gerri: wow. >> some estimates have it one in 10 pedestrian accidents involve a person who was distracted by a zoll phone. as many as half a dozen deaths per year happen because of this. actually moving from something that was a funny joke couple years ago, remember we've seen videos of people walking into all sortings of crazy stuff into something that is actually kind of a serious problem now. and we need to really talk about why are we so addicted to our phones. gerri: super serious, that's for sure. but i wondered if this was one of your most unfavorite things, that is why you did the story? maybe you have been run over by somebody texting an walking? >> i live in san francisco and travel to new york, and lots of other cities, college campus. i have hit into by people. i am guilty. the back of my phone has a big gash where i walked into a wall furiously texting someone. this came out of an experience,

i was walking near my office in san francisco and realized there was a guard at this building who had to guard the entryway to a parking lot just to keep all of us phone zombies from walking into cars pulling out. gosh, this is really kind of reach ad point where maybe we need to talk about. gerri: pot, kettle, i'm reminded of my friend. jeffrey, thanks for that. >> i literally saved somebody being hit by a car in new york, pulling them out of the crosswalk. if you're one of millions of americans not changing up your go-to credit card. you're missing out on serious a rewards. thatboing is coming up next. opportunity to direct. thank you, we'll call you. evening, film noir, smoke, atmosphere... bob... you're a young farmhand and e*trade is your cow. milk it.

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