not exactly moving towards each other but a softer tone is the order of the day. my time is up. i see neil cavuto waiting in the wings eager to take an extra 10 seconds of time. neil: the pope is taking a softer tone, trump is no longer going to hell. it is purgatory now. stuart: did catholics in been purgatory as that getting into a religious description. neil: we had to find a place to you. you are not an awful guy that you are not ready for the pearly gates. what is the middle ground. thank you very much. all eyes on the holy up for, and it is the right, they are trying to dial it back, good luck on that one, in this extreme ' who is on the real mission from god. the mission now is tomorrow at

of the south carolina primary. and even stephen race and on the right as surprisingly much tighter race. connell mcshane in charleston, south carolina with the latest. connell: it will be a mad dash for these candidates today and we will start with jeb bush who is out for the second time today at an event with his mom that will be get going soon. they were there earlier today. in charleston at his rally tonight in north charleston, he is in myrtle beach, keeping busy. trying to convince last-minute voters and there are many who are still undecided. on a saturday vote, trump is expected to win south carolina as you know.

it is a closer race, a 5 point lead over ted cruz and donald trump. ted cruz will catch up, he has to do better with the evangelical voters, and in south carolina did in iowa. fox poll has them down by age to trump with that group, he has some convincing to do. there will be a good crowd entering this and many of them, and early stage we covered a lot of people in south carolina make their mind up that the last minute. neil: connell mcshane will be going throughout the weekend with special coverage. i have not seen this in prior presidential election years. that is the focus in south carolina, much of it is there

from ted cruz to marco rubio, kansas city, and in marco rubio, a contest right now, on why marco rubio is his guy, good to have you. no surprise marco rubio has been getting a lot of endorsements, an early backer, a couple weeks back. >> he came strong after is that debate. plus the record in the senate, that is a long lines of what i would vote, strong on foreign policy and national defense, and tax policies putting forward, i look at the package and see a guy who has the right policies and that is what i want. neil: would you be satisfied

with the other candidates, and donald trump, would you be ok with whoever you nominate? >> this is against bernie sanders, an open socialist, yes. because when you look at, she is moving so far left and i don't think she really believes these things, but moving that far left, it harmful to the country near term and long term and we need somebody strong, particularly to deal with military and foreign policy issues, what is taking place in the middle east and the convoluted situation now that the president has allowed by leading from behind which you can't do. stuart: donald trump does stuff with the pope, trying to dial back a little bit. the bottom line the pope was saying donald trump is not very christian like in his views on

building walls and keeping people out. >> i didn't think it was a good dust up for people to get in in the first place. prior popes haven't commented on any elections in many countries. i can see why people are trying to dial a this back, this is not a constructive thing to engage in in that sort of discussion in any country, the united states or other. stuart: the choice is kind of odd everyone seems to be focusing on the case in new hampshire and iowa and places second or third or fourth. how long can we do that? how long can your candidate do that without having to win something or winnow right? >> the trump situation, massive press coverage and he is topped

out at where he can get on the actual vote but that is not over 50%, we are looking at 30%. as the field winnows down more and more people that leave that field, their support goes to the remaining candidates so whoever is left in second to trump probably ends up winning. stuart: you need a single survivor. to do that. two or three, i understand what you're saying, you need that alternative but by then get in the way of delegates awarded you could have donald trump in that if he scores as polls indicate right now he will, and follow primary states where he is pulling for the time being in double-digit leads in the majority of them. do you then think by that time, one or two guys as an alternative. >> i don't think it is too late. you could end up with three

candidates, each with a fair block of votes and nobody with the nomination going into the convention and the brokerage situation which is a wide possibility, two three candidates. that is of very clear prospect, but you normally have -- more establishment supply side type candidate. that is usually your field, now you have donald trump, a more social conservative and more establishment, it is very odd for us to have but that is something you could end up in a convention with? ashley: i said this over a year ago, you got fox business and don't have to demand it, it will be a brokered convention. there you go. >> this will could. it is an odd set up, we have not seen this alignment and a lot of years. neil: on both sides --

>> the dichotomy between the two sides is as large as you have ever seen or that i have in recent history. neil: always a good time having you. in myrtle beach, donald trump event, really taking a broadside from the president of the united states who said the american people, the pope weighs in, he is firing on all cylinders. what some people call out liar wall street, seems to show the lead on getting very narrow in south carolina, trump supporter fred thomas with us on the phone. i think i will save the time being is an out liar, doesn't jibe with others that i heard. and still, are you worried may be all these attacks from the president to the pope to everyone else, beginning to pile

on here? what do you think? >> thanks for letting me on the show. i have been working for three years now, this is a business book, not a political book, i am helping him with the campaign in myrtle beach today. neil: what do you think of is narrowing in the polls? >> i really think it is interesting. and and i don't listen to these polls, and it is resonating across south carolina but you are right. neil: i noticed today the pope -- the vatican, trying to dial this back, we didn't mean to say donald trump isn't christian, i

read between the lines, even the pope might have gone overboard and donald trump has dialed back his criticism of the pope. you know him better in this sense. do you think there was a concerted effort to take the heat out of this? >> i have known mr. trump for a number of years, looking at that angle, all the media i read, it was a little bit of an overreaction to what the pope said but it plays well. donald trump, i have known for a number of years, and speak highly of the values of donald trump today, that is what i would bring to the table here, he is a christian, i am a christian and i think it is important that that message has been pretty clear. in south carolina where i live.

i think that was a little bit of an overblown -- from handle that well. neil: i would agree with you on that. and you work closely with donald trump for a while now, he's kind of bullet proof when it comes to this sort of thing and are stuart: imagine, taking a leap here, this altercation might help him among conservative voters in the state who might recognize the pope and leader of the world being catholics, the leader of all christians but they might win seeing that kind of stuff so it actually could help some. >> absolutely. donald trump the builder, whether it is building a bridge or building a wall, the pope alluded to the bridge and trouble is obviously alluding to the wall but it is not an either/or question. it is not multiple choice.

i think trump is making this wall discussion a lot bigger and that is a discussion that needs to happen. immigration is a big issue for donald trump as it is for the whole campaign. it helps him a good bit. neil: i am thinking of the pearly gates, he would be equally effective upbraiding of a pearly gates, win/win. thanks very much for your good humor as well. i do want to focus on the democratic race going on in nevada and that is closer to the ticket and who do you think is seizing on all of this? what a title you joe biden? i am never going to run, not going to do it, why does he keep talking about not going to do it?

neil: lindsay graham in south carolina is among those making a big introduction on the part of jeb bush, barbara bush is about to come to the podium, she was in new hampshire last week, she has been working aggressively on her son's behalf in south carolina which has been very

friendly to the bush family, the question is going to carry on now, pulls it not indicate that. we will watch when barbara comes and lindsay graham, senator from that state dropped out of the presidential race, still very popular is there an answering the poll numbers, we will see. meanwhile the democrats in nevada, where that stacks up and right now alan a dead heat according to polls. >> that is right. we want to talk about the national picture as well where hillary clinton is feeling the burden in the latest fox news poll. for the first time sanders is beating clinton, 47% to 44% in a fox news poll and to my knowledge this is the first national poll of any kind that has sanders leading clinton. sanders is up 10 points from a month ago in the fox news poll and according to the last couple

fox news polls clinton has seen her support plum among women, democratic women as well as down 25 points in the last two polls and also losing support among white voters. clinton continues to lead sanders among black voters in she got some insurance for the black vote today in south carolina where she does the bernie sanders in the polls. when she got the endorsement of jim cliburn today, he is one of south carolina's most prominent black leaders, third ranking democrat in the house, he said he supports hillary clinton because the party in the country would be best served by her experience and know-how, he also told reporters he has been on the of phone with friends of his in nevada working on behalf of hillary to put out the vote for here and the critical caucuses around the state today and wrapping up their campaign with rallies in the las vegas area.

stuart: former harry reid advisor jim manly on this. >> do you worry when you see this. i think we in the media, not me, we obsess over these polls and they are all over the map but i take this from them. they show a certain trend, it has not been a good trend for your candidate. does it worry you? >> not necessarily, in part because of the following. i think she will win and that has obviously if i am being honest i have to concede it is closer than i ever would have expected. i honestly think she will win south carolina as well. the question after that is where is bernie sanders going to play? i think the map looks more difficult after that. to be clear even if she loses

nevada and i don't think it is going to happen she is going to get a win in south carolina and the issue is how well is bernie sanders going to plan the next primary state? there is plenty of reason for folks to be a little bit nervous. i think everything is going to work out well in the end. neil: you alluded to south carolina for democrats, that primary is a week from tomorrow. we can talk about why they do it. this happened a number of times but back to hillary clinton. did not take too currently, and it is the lily white state that bernie sanders's breeding grounds, and democratic

stronghold, what did you think of that. >> a couple different things. i couldn't help noticing in recent days they stopped spinning that line and have gone back to talking about how diverse the state is. to be honest i was a little surprised, it is tailor-made for a win there. senator sanders has been working hard to pick up some momentum, started running plenty of volunteers, staff on the ground, making a good run of it. in light of the fact that folks for years have been talking about how net that i represent the nation that iowa or new hampshire -- neil: you are refreshingly honest. i don't see that much on the right or left. let me ask about your sense of where this race goes if she

loses nevada and kind of stumbles through the remaining primaries, the argument is she has a lead in the supers of the delegates and that is very hard for senator sanders to overcome. would you be bothered if she gets the nomination thanks to that prohibitive lead in superdelegates that could carry her over-the-top even though she ends up losing or faring quite poorly? >> i talked about this last week. i got to tell you those so-called superdelegates, especially those that are not collected, are going to come under a lot of pressure to switch position. didn't the partisan political environment we are in, i would not be surprised if some folks broke or at least came under a lot of pressure. to be clear i think she will win nevada and i really think she

will in south carolina as well. after that the map looks better for her when it gets into the supertuesday states and doesn't look good for senator sanders the national polls show them getting some momentum. >> you are straightforward and frank, and we appreciate it. you probably heard what tim cook at apple wants to do? to open up that phone behind the san bernardino attacks. now tim cook is rallying biggest and closest friends in the tech community. why is that?

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neil: so much going on, jeb bush, barbara bush, he said i loved my mother, i can stand my mother, truth, he didn't. donald trump is at an event and from loves for the heck of it to rise and skipped the loan, there endless the effect is jeb bush has been surging in some polls. as we have heard from a lot of folks he has to do well in a state that is very friendly to bush family members. they have competing events. keeping up with apple and all friends of apple, free speech folks on this. we made this into a huge constitutional issue. i don't know why, take the phone and go to those, can you get that stuff for me and holidays to you don't have to have judge andrew napolitano involved, that

is just me but it is not going to end that wealth and who's who of the tech world siding with apple, no, no, no, don't handle all of this so liz macdonald, what do you think? liz: that is the crux of the debate, take the contents and give it to the fbi, don't give the software code, get the contents -- neil: where did they give it in the cloud? barista in the phone that hasn't gone. dagen: you cannot access based on the i o s operating system, so mid 2014 you cannot -- apple cannot access your phone. they cannot -- dagen: they can if they want food and they need to rewrite the software and they are not going to do that, unprecedented. and one phone. dagen: law-enforcement saying just one phone.

silicon valley is saying yes we are on the side of apple but watch this, we need to expand clinton era law. and a court order on broadband internet. that law can be expanded to cover devices meaning phones and iphones and laptops and if they don't comply they are hit with civil penalties. neil: saying whether i was held before a judge and thrown in jail because i initially started fighting the government i am sure others watch and say we fought the government too aggressively and they will come back. dagen: apple is fighting it and i will go to this point liz was talking about about possible legislation, we are talking one phone, one terrorist, one valid search warrant, and the government is not asking

universal -- neil: it wasn't a fear expressed by west apple did what you said. the government now knows. and pushback on that argument number one. and the government will never be able to execute a valid search warrant that. home hands and we harbor while -- child molesters and terrorists and give them a free pass and they will never be prosecuted. >> the other thing is an issue now in places like arlington, texas, cartoons of the prophet

mohammad and two terrorists, 109 messages and crafted with overseas terrorists. liz: this could be handled. they did before. dagen: they have done it dozens of times. neil: -- dagen: all those photos. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card

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neil: i was up in new hampshire.

221. the vote there. this guy, he must have eight delegate lead. when all was said and done, the new hampshire vote was split. then i came to discover the superdelegates. hillary clinton is well on her way to be the democratic nominee. it is weird. we go to plate were men. pretty good numbers. this needs some explaining. what is going on? >> there is still a very long way to go. gaining the democratic nomination. he has a massive lead. here is how. you factor in the

superdelegates. that is according to the ap. if you do not know, you are probably announcing the super delegate. getting essentially a delegate vote of their own. that makes up the biggest chunk of superdelegates. in theory here, they could end up swaying the election one way or another. if the brace stays tight, here's the scenario. all the territory and goes to the convention, it is possible that the superdelegates could end up tipping the scale one way or another. making things even more

interesting, neil. a clinton campaign here has a major push to lock down these major delegates. she is the daughter of nancy. speaking with stuart varney. take a listen. >> if you want to give a candidate a head start and campaign as a delegate surrogate, we are free to do that. i am doing that right now. once the process is over, the process really needs to come together. >> not one of these candidates pulled away. none of this ends up mattering. for now, certainly something to keep an eye on. >> they are not obligated. they could switch before that

first. >> and if you go back, trying to support hillary clinton. they can go back and forth. even with these numbers, as blake pointed out, they were not like this in 2008. not as this portion it as it is now. ashley pratt on a situation. you will have to win nevada primaries. that is not right. >> that is right. that is not fair, neil. they can make a decision. pretty much nine voters.

it is pretty appalling. i think that they should take a long hard look. they say this process is entirely undemocratic. they do not seem to be doing that. again, they could change their votes as blake mentioned at the dnc convention and hopefully if bernie sanders is calling off strong winds, maybe we will see them switch their minds, july. neil: if you are bernie sanders, kent to say, just show that that we showed. we still have 95.

>> fighting the establishment. all of these other establishment figures. this is what we are fighting against. we are fighting against insiders. i think that is important for him to propel this message forward. we are disenfranchising voters. coming out and saying voters should have the ultimate say. simply not true. just look at the superdelegate. >> the same party that made a big stank in the 2000 election results. i don't know. >> only when it works in their favor do they not complain, neil. neil: it is always a pleasure. we are monitoring south

carolina. we have job bush with his mom there. when she steps to the podium, we will go there. donald trump. guy link back a little to criticism. pope francis. backing away from some of the criticism from donald trump. and then we have ted cruz who hopes to take advantage, among other candidates. now he may be looking at what is going on in new york. there is an effort in new york. if i told you the reason why, you would say, neil, are you kidding? i would say, no. you have to stay tuned for this. ♪

neil: all right. this is the scene right now inside the u.s. supreme court.

this is, of course, the body of the late justice scalia. will be laying there for the rest of the day. a burial service tomorrow. president obama, first lady michelle will be better later tomorrow. the funeral service tomorrow. be that as it may. joe biden and his wife jill expected there as well. congressional leadership. those in the washington area, of course, wanting to pay their respects. thousands publicly well. getting back to politics. legal matters here. over whether ted cruz is a natural born citizen. you thought that that issue was resolved. sounds a little weird.

charlie gasparino. charlie: we heard a non-descriptive real estate lawyer. it just so happened to file a case with the new york board of elections. the trump organization. challenge ted cruz. neil: was is attached to the trump campaign? >> they say no, but everyone says yes. there are a few other out there. this is the latest one. what does this mean for the campaign. i do not take that he will keep him off the debate. a last-minute surge in south carolina. freezing because of the superior ground game.

neil: it may be an outlier poll. >> that is what i am saying. usually they start camping up the rhetoric. his campaign has nothing to do with this. it is touted by a lot of people. you are raising the issue. you know, there will be a couple of themes. we will be together for three hours tomorrow. it will be rough. can i drink before? >> you can now. >> there will be a couple of things coming out of that. number two, i think the other thing is a little different. i have talked to several people in the campaign. they denied a rumored that the it taking about leaving if he does not do well.

a strong third. does not get there or close. if that does not happen. if he is an outlier. every guy a no in new york city that raises money for these guys says he'll have to drop after south carolina. neil: why would he do that before florida? charlie: south carolina is bush country. brought out his brother there for a reason. george w. bush is still very popular there. that does not work. it will be an issue. pay attention to his remarks tomorrow. neil: south carolina right now. jeb bush. the rock star of the family there. his mom could be the republican nominee given her popularity in some polls.

she did not hold it a whole lot in new hampshire. she did bring some numbers. that was then. could it happen now? we will see. ♪ you both have a

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switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance. >> you are looking at jim bush himself carolina. think about all the times that state has turned things around for the bush family. george bush. down for the count after losing new hampshire. john mccain. storming back in south carolina. the rest was history. very warm for the bush family. tough on the bad guys and terrorists. all the rest. it does not seem to be

resonating in polls right now. barbara bush remains very popular there. shouldn't ski on family and whether that can change things for jeb bush and his prospects they are. >> i think that governor bush has made a really clear, strategic decision to run on his brand. right now, he is pulling it 10%. you have donald trump way above that. neil: should have done this earlier. he did not want to feel that you leverage the name. >> i think that that is right. i think they have done a really good job at focusing forward. they are really looking forward. it may be an odd decision.

kind of a relic of the past. >> changing a year ago. donald trump entered the race. there are various pools out there. raising some eyebrows. donald trump's lead has gone to five. it is part of the trend that shows the big lead that donald trump has has come down a little bit. what happens if all of a sudden donald trump does not win south carolina? >> i think it will just stay there until the convention. what is really interesting is how dramatically things have changed in just the first few hours before the primary. things are changing as we speak. >> i know that senator rubio has

gotten a lot of endorsements. from the senator. key congressmen across the aisle. he has to break down. he has to win something, doesn't he? >> i would say the same about governor bush. he has yet to win a primary. senator rubio needs a very strong finish here. i actually think that it is looking good for him on that front. >> thank you very, very much. sometimes they are concurring. all at the same time. you do not know what to go to first. we throw it out there. we show an image. what hillary clinton and bernie sanders is doing. certainly in nevada. we are there. stay with us.nds ♪

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>> welcome back, everybody. i'm neil cavuto. keeping track of the powerhouses fighting apple and looking at the names on the phone of san bernardino attacks. and google now backing apple in this response and all the others who say, yeah, this might be the way to go. now, lawmakers are trying to find a middle ground on basic rules on encryption and what is shared and what is not. it's kind of a mess here. we've go the former homeland secretary, i think we've made this more of a constitutional production than warranted. it's one device, we know attached to the guy behind the san bernardino attacks. the government isn't saying

open all devices, it's this device. how has this morphed into a crisis? >> sharing this point of view, however, what you and i have discussed the digital forever more, there are incidents to review how we deal with it. on this incident, it's a known terrorist attack and we know who the terrorists were. and let me say at the outset, i have great respect for mr. cook, he has laudable concerns about ip and privacy, but want him to put on his hat of corporate responsibility and social responsibility and like everybody on both sides to tone down the rhetoric and say to each other, there's a way we can do this, technologically there's a way we can do this and i don't think the fbi is asking him to turn over the code or asking their software engineers to open up all phones

under all circumstances at all times. they're saying on this particular occasion, this is a known terrorist event and there may be information about other co-conspirators involved in this event and we'd like you under these exclusive circumstances to put on that corporate and social responsibility hat and help us out. neil: all right, they're not doing that so far, governor, as you know and their argument goes something like this, if we do it on this case at this time there will be other justifications at future times. part of me sees that argument, but it's not as if they're giving away the store or how they opened up that phone. for one thing, apple says it doesn't have the ability to do that which i find hard to believe. assuming that's the case, where are we going with this? if they're saying they can't do it, then where does that go? >> well, if they say they can't do it, it tests my credibility and perhaps yours and a lot of other people. i have he a talked to enough people in this space that say

they can, it's a matter of will. understanding and appreciating everybody's concern about privacy and i share that same concern, but i think in the 21st century given the situation that we-- not only this situation, but forseeable situations we really need to tone down the rhetoric, understand they're not mutually exclusive in the 21st century. i would say to mr. cook the following, if the incident occurred at an apple facility and there was reason to believe that another incident would occur at another apple facility and the government had information and wanted to protect your employees, would you do everything you could to secure this information in a way-- >> that's an excellent point. >> of course he would do it. neil: i know i'm the crash money nerd here at fox. and i think all of this comes back to money. i think right now, a lot of apple users are young, very big into privacy that's their wont and their right, and i think that a lot of these tech

companies sort of lean left and on these issues they're going to go with are their base is and where they think their money and profits are. if the base and those profits are built on protecting folks' privacy, which is a laudable goal, i have nothing against that, even in the case and even in the face of something like this, they're going to honor that and i think that that's kind of creepy, too. >> well, that's why i say they need to put that hat of corporate or social responsibility on. let's be very, very clear, i think there's technology they could do it, in this instance they're asking for access into one phone. because of the sophistication, because of the digital forever more, because of the escalation of the use of technology, our ability to attract criminals and drug runners and terrorists and the list goes on and on. at some point in time and maybe through the president's commission he announced the other day, you have the rhetoric, cool it down and have the common meeting of the minds and it doesn't have to be mutually exclusive and maybe

not the way that the fbi wants to do it, but there's got to be a way to do it and protect the right of privacy. i think it's a matter of will rather than capability. >> what they say ton this issue, even if they were to do that with one device, the government will discover how we did it and the government won't ask next time, they'll do it themselves. >> i've got an answer for that, ask your software engineers in a room on their own and they can extract the information, open the door and hand it to the fbi, close the door and whatever process they use is still known only to them and i presume and i understand that mr. cook would have nothing, but the strongest patriots and strongest protection around that capability. do it, open the door, hand the information to the fbi and let them settle this and not argument, but let's take this discussion to a level where we find a solution. neil: you know what i think we should do, if you've ever been

to an apple store, governor, i'm sure you have people go there, the guys in the blue shirt can do anything and i think they should secret that phone out, go to an apple store, one of the guys do it, and the whole issue is done. they've got brilliant engineers at apple and google. no doubt in my mind that they could gain access and extract the information needed without divulging how they did it and the technology and hand it out the door, but i think this is the first of many intercepts and that's all the more reason that perhaps the president's commission and private sector and government need to get together and work this out. because this is unfortunately, this will not be the last incident where information with regard to murder, crime, drugs, is contained on the device and we have to be able to access that under, with a search warrant, with a search warrant we need to access that. >> i don't know, we make such a big to do. holy cow. always a pleasure, sir, thank you very much. >> nice joining you, thank you.

neil: on the phone with us right now senator mike lee on other issues, while i have you, senator, on this whole apple dust up. your thoughts how this can be resolved. can it be resolved? should it be resolved? >> i'm not sure. it's a difficult situation. anytime the government wants information, it generally can't get information that doesn't yet exist or create software, i'm not familiar with the underlying technology which one we're dealing with, but it's a fascinating case. neil: you've seen the other side of privacy and watching the government overstep its bounds here, am i reading that correctly? >> yes, one of the things that worries me, i don't want the government-- i've always been against the government mandating the creation of a back door. because if you create a back door key, then anyone can eventually get in.

>> what if it's just a back door key for this one device and never need to how it happened. >> i don't think there would be that big of a concern on the part of the fbi and apple. my understanding, one of the reasons apple is concerned, they're afraid if they create a back door key for this case there's no way they can con bine the use of that back door key to this case and i think that's going to end up being the focus of discussion in this disguise. neil: weird, okay. not you, the dust-up here. but to the 2016 race, you're one of the few republican senators, sir, not committed himself to a candidate. and i think you've been campaigning on behalf of senators rubio and cruz, am i right? >> yes, that's correct. they're both very good friends of mine. i've been helpful to both of them and pleased to have either one them as our president. neil: are you leaning to one more than the other?

>> we'll see. i might ened up endorses one over the other, but helpful right now. neil: hchl senator rubio has gotten big endorms, senator scott, and governor haley. and they seem to have forgotten the debate. >> he's found his sea legs. i never thought that debate a couple of weeks ago thought it was that bad. some people did, but i wasn't one of them. as for senator cruz, i don't know if you've heard the effort on the part of-- we're told, outside forces, trump campaign, to take senator cruz's names off ballots in illinois, in new york, because of this whole, you know, cur-- kerfuffle over whether he's a natural born citizen.

>> that's crazy, that's nuts, that's lunacy. neil: tell me how you feel. i don't understand your position. >> there are two ways a person can be a citizen. you're a citizen at your birth or later naturalized. if you're a citizen because of the former reason you're natural born citizen. if you're naturalized you're not a natural born citizen. >> cruz was a citizen at the moment of his birth by the fact he was born to a u.s. citizen mother. under u.s. law at that time that makes him a natural born citizen. neil: okay, so this move on the part to take senator cruz's name off the ballot is a way in your eyes, would that make your more sympathetic to senator cruz than senator rubio in that event? >> i'm very sympathetic to senator cruz. i think it's an exercise in futility and an act of desperation on the part of

people who just don't want him to become president, but if that's the case, they ought to focus on their campaign efforts, rather than on trying to muddy the waters by suggesting that he's somehow ineligible. it's not going to work and shouldn't. neil: whose side do you take on this pope-trump thing. at this point it looks like only one can get into heaven. who? >> well, look, as to who can get into heaven. that's not my call to make that longs belongs to the almighty and i'm not going to purport his right here. neil: i'm being facetious, but the pope is saying the musings of donald trump doesn't sound christian the way he treats immigrants or trying to build a wall and all that. of course, he left out the word there that they're illegal immigrants. but what do you make of this that it's actually helping trump? >> i have no idea whether it's helping trump or not. i was surprised by it. it didn't sound to me like the

kind of thing any sitting pope would do is question someone's christianity on the basis of a single political viewpoint, especially something like illegal immigration that has a lot of people coming to a lot of different conclusions, people of faith, people of all faiths and of no faith, are all over the map on this one. so, i was a little surprised when the pope decided to bring it up and that's his prerogative and he has the right to speak out on it if he wants to. neil: senator, thank you very much. good having you. >> thank you, good talking to you. neil: let's take a quick peek at the dow, following up on yesterday's relatively-- even with that we're looking at a pretty good week for the major market averages. in fact, one of the more impressive ones of this new year. can that hold? some thoughts on that after this.

>> all right. it's for a lot of republican candidates it's do or die in south carolina tomorrow. that's where you'll find our connell mcshane. what's the latest there. connell: it's interesting, neil, even at this ted cruz event we're in downtown charleston, donald trump is the story. he's in myrtle beach and he'll be here later tonight and will attend a rally.

moments ago he took focus off pope francis and put it on the wall. and trump has said forever that the mexicans are going to pay for it and now we found out, interesting business news, viewers, who is going to build it? here is trump. >> we only want to use john deere and caterpillar, we don't want to use kamatsu. we're going to use our tractors. connell: all right. maybe a little new wrinkle for mr. trump there in terms of the american companies that will be used to build this, you know, wall. he also went after cruz, which is kind of interesting. we haven't heard a direct response to that yet. remember yesterday there was a lot made of the cruz campaign supposedly altering a photo, senator marco rubio and president obama. and here is what trump said about that topic. >> you talk about people that lie, this ted cruz, this is the biggest liar, even marco rubio

said he's a liar and he doctored up a picture of marco rubio, i'm not-- i looked at this picture. marco rubio looked like he was four foot two tall and shaking hands with president obama, never took place. connell: never took place. he got the crowd fired up at this theater in charleston, south carolina, and making a last minute appeal before tomorrow's vote for independent voters, 20-some odd percent thought to be undecided and the duck dynasty favorites here and even the former governor and trump talked about this earlier, going-- or cruz i should say that he went off the evangelical vote. but trump is making a pitch. back to you. neil: connell, thank you very much. with that group he's benefitting from the dust-up, no less than pope francis, who, of course, questioned donald

trump's christianity and trump was referring to illegal immigrants. but it's caused a dust-up. look at the cover of the new york daily news, is going to hell. who would know more, so, father, is donald trump going to hell? >> above my grade. above my-- >> what did you make of what the pope said? >> well, first of all, let me say, i read it in the italian and it doesn't come across quite as harshly, quite as directly as it does through the translations and the news of it. the pope doesn't say that trump isn't a christian he says anyone who would say, anywhere they would say it, who would build walls isn't christian, that the idea isn't christian. but i have to admit i'm surprised that the pope

descended in the specificity of a political campaign, even if he was prompted to by a journalist. it's unprecedented at the end of the statement the pope says, you know, he's not going to judge anybody, he's going to give him the benefit of the doubt is the phrase that he used, but i think it's unfortunate, especially with trump, who is so vitriolic, so bombastic, that he dares to pontificate and now the pope-- >> i don't recall the pope saying any of the european leaders were unchristian-like in their resistance to taking in the refugees, largely from syria. so why did he say his blast for donald trump? >> well, he was asked what he thought of this candidate. neil: right. >> and the billing of walls was the thing. i think what the pope, who is

not very good on his feet in spontaneous back and forths like this. we've seen this. this has become like a tradition, every time he gets on the plane to go back to rome or come someplace, he says something. i think is had point was a moral point, we should be embracing and embrace people. i don't think he was making a policy statement about what kind of immigrants or how many of them we should receive. of course, the pope believes that a nation has the right to control its borders, that's not-- >> when it comes to immigrants and accepting people, i think we kind of hold the record on that in america, that's what we're all about. >> i think we do. and you and i are both descendents of that as are the vast majority of our viewers today. that's very much the case and-- >> well, on the wall then, father, sorry to breaking in here, i've been to vatican city many times and there are a lot of walls around vatican city

and that immediately prompted the discussion, well, who is he to talk, he's practically in an armed fortress. it's certainly not that way and i understand a lot of these were built centuries ago to keep out attackers to which the trump folks will tell you that's essentially what i'm trying to do. what do you say? >> well, i think the pope would concede that, any reasonable person is going to say, people need security. the pope needs security more than ever and the united states has the right, the very definition of a nation is that it has its borders and so, i don't think this is a serious critique whether the united states should have open borders or not. it's an observation that he's asking the sense of generosity and openness be instilled in the hearts of men and women, especially those running for office. >> so when you go to the vatican, father. you don't need a card, they let you in. when i go there, they need six forms of i.d.

>> it depends where you're going in the vatican. neil: i see. >> if you want to go to, you know. neil: the papal residence. >> the photo thing-- the papal residence, yes, you have to have an appointment, your name needs to be on a list. when i go to the vatican bank to take out all of my money i have to-- >> very good. i squeezed through lent with this interview. >> we'll have to go there together some time. neil: i will meet your-- i will need your help. thank you very, very much. all right. speaking of all things politics then, that's front and center now. bernie sanders rally going on, in nevada he's even, and he trailed hillary clinton not long ago and the first time ever in national polls he is leading hillary clinton and by the way, when he is pitted against any one of the republican candidates, he leads. so what about that argument that hillary clinton and her

people have raised you nominate this guy we all go down. she doesn't beat any of the candidates. he beats them all. something's period. something's weird.

>> all right. we're just learning right now from josh earnest that the president plans to spend this weekend reading about potential nominees to replace justice antonin scalia reposing in the supreme court. and we're not told exactly when the president has opted out attending the funeral itself and raised some hackles among some, not all. but the fact of the matter is the president wants to at least come up and study potential nominees, referring to the fact at least from josh ernest

finding a replacement for the supreme court justice takes anywhere from four to five weeks and the president will honor that time frame. reaction from alexis, on these breaking developments, what do you think of that? >> you know, i think it's going to spark off-- i'm on the campaign trail and looking at this from the presidential campaign perspective, the republicans on the campaign trail are bashing obama saying he cannot appoint someone he's a lame duck president and should not be nominating anyone for the supreme court right now and i think we'll see a backlash. this has become a pivotal part of ted cruz's stump speech. he spends a lot of his speech saying, look, this isn't about one branch of government, this is now about two branches of government. whoever you nominate as president-- or whoever you nominate as the republican nominee and whoever becomes the president is going to choose potentially the next

supreme court nominee. and another round of backlash. neil: will they look at this and how potentially childish it sounds, but he's the president until january of 2017. i could see if he had a month to go there certainly wouldn't be enough time, but there seems to be some time. if they don't like who the president proposes, even though barack obama and senator obama plays these silly games, rise above that and vote yea or nay and prove the better part of the constitution. >> it's totally self-serving, this is politics, of course there's plenty of time for obama to come up with a nominee and put someone forward and then we will have some long nomination fight, i imagine, but it's an election year, of course they're going to make it-- the republicans and-- >> who is getting the better of this thing?

>> i think in a primary, it's certainly someone like at republican seem to think doing him some favors and ted cruz thinks it's doing some favor, he's argued above the supreme court, he could say i'm the one to trust to nominate someone conservative. they all start to look silly. every time each side digs their heels in, absolutely not, the other side will not get what they want. everyone looks childish. neil: to your point on both sides, if you don't like who the president nominates, you can reject them. whatever. thank you very, very much. >> thank you. neil: all right. you think that the clinton folks aren't getting a little nervous now? bernie sanders, even in nevada, bernie sanders, ahead of hillary clinton nationally, in polls with each and all republican candidates winning. now where is the argument that

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>> bernie sanders speaking in nevada right now. this was the state that he more or less his peoples more than a few weeks ago really hadn't counted on. in fact thought to given the

polls a laugher for hillary clinton. she would win by double digits. democratic strategist jessica tarloff on that. >> let me try to do better. i think media was wrong she assumed this was going to be a cakewalk. she has known bernie sanders a long time. she knows how powerful economic inequality message is. neil: nevada events she has been going to of late were not on her schedule. >> her spokesman brian fallon talk about -- neil: ticked off harry reid. >> would not tick harry reid off in nevada. watch each of the candidates. definitely have affect but

believes hillary clinton has the -- neil: do you buy that? you look at bernie sanders as being a fatal nominee that you would go down to defeat. now at least in some of these latest round that he would do quite well. >> yeah. neil: i think he beats all republican contenders. >> that ask really interesting. it does certainly speak to a momentum issue and people struggling with her honesty and trustworthiness ratings where she gets sunk as it were. she does very well in terms of handling the economy and certainly foreign policy. neil: yes. >> i see bernie sanders quite a thoughtful, inspiring candidate. neil: you think the party fears him as potential nominee? they're coming around to him. >> no. i don't think they're coming around to him. the superdelegates tell that story. neil: that is interesting there. >> it is kind of insane, looking into it more this election than i did before in 2012 and 2008, it's quite something that you know, we're might have popular vote issue versus elite issues.

neil: irony of ironies. we're not going to talk about that. the president we're told will pay respect with mesh shell obama -- michelle obama today. looking at he will look at possible replacementments and bad idea for him to go? >> i think so personally. every democrat i spoke to agrees with me. neil: why? >> disagree with me on a lot of issues. about paying your respect to the court as well. he was 30 years serving. i don't think it didn't matter he didn't go to state of union addresses. obama missing pr opportunity. neil: you could be at this at tt for that? >> i don't know. people have thrown that out as the wake is as good as funeral. if you stand up there call out mitch mcconnell and gop not wanting to hear about nominee, rise above partisanship, you rise partisanship if you are in

town. one thing if he was away. if he is going to be sitting at home reviewing new nominees i think it would be tremendous guess ture. i think scalia family and his office handled it really well, we completely understand. we're thrilled he will come on friday. but sending joe biden in his place, i think this would have been a gimme. like when he was in texas and didn't visit the border which was something really important to republicans. i think you can end gender a lot of goodwill. neil: that is interesting. you seem to be saying these kind of little things especially when is, as the president said, this is important choice, you've got to make that choice. then you've got to go full through on the significance of just being there at the funeral? >> absolutely. i think it is, i think it is entirety of the experience and i also think it's he made it clear in his state of the union address his number one regret he wasn't able to fix the partisanship destroying washington. why we have candidates like donald trump at the top of the polls. there are little things he can do to that himself.

neil: that is very interesting. >> thank you. neil: very wise for a young person. >> for a millenial. neil: liberal. >> yeah. neil: jessica, i kid you. you're a great guest. jessica tar luff. we don't know when the president will pay his respects to a justice that didn't necessarily share the president's point of view. jessica would agree that might be an understatement. he is going to be there today. a lot of people are saying that would suffice. to many others it does not suffice. meantime getting news from abc news, reporting that the department of justice gone ahead and filed a motion to compel apple to unlock that fell. now this is getting juicier and juicier. now, tim cook, what are you going to do? we're the hottest

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flonase changes everything. neil: all right. i don't believe she has spoken yet but barbara bush in south carolina is going to speak on behalf of her son jeb bush. she spoke earlier, ralph, thank you very much, my producer told me that. but she is very popular. probably more popular than her son and more popular than her husband and more popular than certainly her other son who was president. barbara bush is almost a saint in the republican party but not able to move the needle for jeb bush, certainly in

new hampshire, although he did better than what was expected. south carolina is anyone's guess. blake burman with the fallout whether she will give a hand up? what do you think? reporter: couple events in south carolina for jeb bush, neil. the first one is when barbara bush spoke. as you mentioned she was on the trail in new hampshire. brought her back out in south carolina today, as there is 24 hours to go until primary day tomorrow. there was kind of a lighthearted moment. she spoke less than a minute at his percent event. this was final pitch for voters support her son. >> jeb has been a great son, great father, great husband. married well. [laughter] and is one of my four favorite sons. [laughter]. he's steady. he's honest. he is modest.

he's kind. and he's good and he is everything the senator said. reporter: that was her at the first event. at the second event, neil, there was a question from a voter jeb bush in which this voter said, essentially, convince me that you are not bought and paid for due to all of your years around all of the family ties and so forth. this voter said, i'm thinking between you and outsider candidate. so convince me that outside money in politics wouldn't kind of influence you if you were to be president? this was jeb bush's answer and he turned it around by pointing to his mother. >> the idea that i'm part of the establishment, i got to embrace that, because, there she is. 63 years ago, you know. [applause] little eyes opened up in midland, texas. i didn't know i would be sitting here 63 years later for sure. but the simple fact is, i won the lottery.

reporter: talking nice about mom will do you wonders on the campaign trail. will it turn into votes. who noses. we'll see tomorrow. jeb bush is running about fourth in the polling averages there. something has to happen between him now and then in south carolina. neil. neil: would be kind of cool if she trashed him, right? reporter: if she came out -- neil: actually he was the worst. of course that doesn't happen. thank you very, very much, my friend. reporter: thanks. neil: david drucker with us whether any of this is going to help jeb bush out. dave, what do you think? >> well, look i think it always helps a candidate when they can bring out somebody close to them that everybody likes because it helps put bodies in the seats. people give you a second look even if they weren't coming out to look at you. what we've seen so far in this campaign we don't have any evidence to believe it is going to help jeb bush close the gap from where he isto where he needs to be on saturday but we don't know. if he has a strong finish here, turn a couple extra buy --

eyeballs, maybe it works. neil: it is the impression barbara bush can make. we went to france. my wife can speak french. they hated me but loved her. she made a good impression for us. i didn't understand what she was saying about me. they were all in french. directions were to the point and clear when she asked them. does that kind of stuff in the scheme of things improve your image or just sort of a one-off? yeah, we like you barbara. we don't really flip over your son just like a lot of those french, you know, they liked my wife. they didn't really flip over me. >> so, i think in years past when an endorsements mattered more, this goes for all of the candidates, for all of their endorsements, then candidates were in a better position to take an endorsement and turn a no into a yes.

i think these days because voters seem to be so suspicious of everything, and not in the mood to listen to anybody, what endorsements can do, and they're still valuable in other ways, whether fund-raising, organizes things like that, what an endorsement can do for you, if somebody inclined toward you but hasn't made up their mind, surroundings them with people that make one more reason to like you, helps push them in that direction. for jeb bush, it is about how many voters he does not have but still considering him with less than 24 hours to go. will having his mother on the trail and having his brother on the trail earlier this week, give them that one last reason they needed to jump in his camp. neil: very well-put. david, we'll see. thank you very much. david drucker, the "washington examiner." fine writer. speaks many languages. he is very food at english. did you hear this, abc news reporting that the pile on apple continues. department of justice is filing

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neil: all right. i want to show you something right outside of our offices. saw these longs lines. are they here for me again? apparently not. there is nintendo store opening in rockefeller center just across the street from us. this sneaks around the block for new nintendo store. that is pretty big deal. it is reopening store, charles. anyway, it is a big deal. i'm thinking with apple and dust-up for the government. you're getting haughty what you will share, not going to share. this is financial concern for you because nintendo seems to be getting a lot of attention. charles payne, it is interesting. >> really is. neil: doubling down, on apple

and -- >> you have all these people coming out saying apple is the preferred product of isis and terrorists around the world. that is not good marketing. neil: yeah. >> tim cook is drawing a line in the sand. neil: now justice is apparently going ahead and compelling him to do this. >> i have a few thought on this thing. first of all i wonder where president obama has been on this? the reason i say this, remember last election cycle after wall street sort of given up, this guy is not really our friend, he made up that big, big loss of cash through silicon valley. they stepped up with bigger checks for him. he can get tim cook on the phone. maybe he has. really shocks me hasn't made a phone call. they found some sort of elegant solution this should have never made the news. neil: it would be a kicker if he did do that and cook ignored it. >> it would be. neil: no one would know. >> i guess it would all come out. neil: yeah. >> there will be 5000 books written about president obama. think will be the one where cook told obama to go, you know, jump in the lake.

neil: there is that possibility. >> the other thought, how did we learn about apple in the very first place? how did they hit the public scene? that famous commercial based on 1984. is that sort of part of their lowing ga sy and tim cook feels did -- legacy and tim cook feels obligated to anti- anti-establishment. he could argue we've always been against big brother. look at our very first commercial and i'm carrying on legacy. neil: young people are concerned about privacy, all well and good. this is device attached to a guy that killed a lot of people. no debating that there so could be interesting stuff on this device. all they're saying, open up this device, find out what is on it. not making clarion case about all device. >> that is where he makes the case where he loses argument if it is indeed that easy. they're saying he want him to create software to give it to the fbi.

there are a lot of miss giving, about that, even people want the case to be solved around justice be served. give them the device to apple, crack it up, open it up, it would be fine. tim cook is in the shadow of steve jobs. everyone is saying what would steve do. he is trying to live on both angles. there is business aspect. they called this data really close to the vest because they make a lot of money with the data you will at technology companies. neil: what if he they had say they couldn't do it if they wanted to, what if they're able not to open the phone they have a bigger problem than we thought. >> hard to believe you would make a self-destruct button on any phone if you didn't have a way to disable it. sort of interesting to countdown clock to anything, imagine nuclear codes if you hit them no way to take that back. that is a scary thought. neil: they're in deep trouble. now they have justice on their heinie. taking a peek at the line for

the nintendo store. charles alerted me to this line. can we take a peek. i thought it was fans of mine. he argued first it was across the street. >> facing the wrong way. yesterday they were facing this way. that was neil cavuto. neil: apparently nintendo.ie game on, after this. medicine, i talked to my doctor and found a missing piece in my asthma treatment. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed.

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martha and mildred are good to go. here's your invoice, ladies. a few stops later, and it looks like big ollie is on the mend. it might not seem that glamorous having an old pickup truck for an office... or filling your days looking down the south end of a heifer, but...i wouldn't have it any other way. look at that, i had my best month ever. and earned a shiny new office upgrade. i run on quickbooks. that's how i own it.

neil: all right. this is interesting. rockefeller center. reopening a -- what are they doing? are they doing coupons or giveaways? okay. waiting for me to get off the air. no, they are not doing that. a little reminder. i know it starts here.

always have to look at the market. always have to look over your shoulder. beware. they are actually, well, making games. and selling them. trish regan, to you. trish: to you play games? video games? i will see you later. less than 24 hours from the republican primary in south carolina. the democratic caucuses in south carolina. just a five-point lead in south carolina. the democrats are in a virtual tie. this as vice president plans both dumb aquatic candidates in a new interview. the race heats up in south