>> absolutely nothing to do with it, stuart, but well done for trying. that's all i can say. >> well done. >> it's about oil. the market's high because of oil. stuart: and bernie lost. socialism is dead and dying. >> if you want to go with that, we'll go with it. stuart: we're out of time -- [laughter] but, neil, what have you got? >> that is the craziest compute for a market rally i have ever heard -- stuart: okay, there you go. neil: thank you, my friend. we doe with today's gains, the dow is up about a thousand points from that early thursday, february 11, lows. that's a may -- amazing comeback we've seen. some are saying at these numbers we are back to pricey levels. that's always in the eye of the beholder, but, of course, oil a big reason why we're seeing what we're seeing. you know the drill. it goes up, stocks go up, and it has been a big wind at this market's back. so we'll keep an eye on that n.

the meantime, a race that seems to have focused on two very different types of candidates, but again i'm talking in the republican party, and i'm keeping the focus for the time being not necessarily on senator cruz, but on senator marco rubio who is desperately trying to present himself as the alternative to donald trump. it's not that simple, not that easy. north of 700 delegates in the next week to ten days, we might have a pretty good idea where we stand in this grand old party, well, shakeout. or shakedown. genevieve wood joining us now, brad blakeman. brad, begin with you. we have now polls -- and they're not necessarily always reliable -- donald trump leading in 10 of those 14 races i just outlined. in many of those cases, by double digits. what do you make of that and whether after that he is in a prohibitive position? >> i think if he does win 10 of those.

>>, yeah, i think he's in the catbird seat because we're only talking about 1237 delegates necessary to clinch the nomination. and let's remember that after march 15th it's winner take all. so if you're going to make a stand, you've got to make it before the 15th of march in order to be competitive. now, let me say this, neil. if he continues to win a minority, under 40%, he may be the selected nominee of the party, but it's going to be a fractured party in order to unite behind the a minority candidate. neil: what to you make of that, genevieve, because mitt romney did not enter the convention with all the delegates necessary to win the nomination, but he had such a lead that it pretty much was consensus it was his. >> yeah, that's right. neil: now the situation with donald trump entering cleveland with, potentially, a big enough lead to make be it inevitable, but this time i suspect the party establishment might feel otherwise. >> well, they might feel otherwise.

look, if he runs the table on march 1st, i think that sets him up to run the table on march 15th. but i think brad makes an important point. you know, he hasn't gotten more than 30-35% in most of the places where he's won, and now that we're down to, basically, a three-person race, it will be very interesting to see if cruz or rubio can get their numbers up into that 30 level. i think they have to in a couple different places, and keep in mind, we've got something going on before march 1st which is another republican debate. and just like the field has narrowed at the ballot box, you're now going to have fewer people on the debate stage on thursday night. and we've seen the debates at least in this cycle have made some differences. marco rubio learned that. so it'll be very interesting to see what happens this thursday, because i think all these folks, certainly cruz and rubio know they've got to make a statement next week, and the debate may be the first place they really try to do that. neil: you know, brad, i always follow the money, what are the donors doing, what are the candidates' various backers doing, how are they wooing, for example, some of the bush

donors, what have you. who has an edge on those folks right now? >> i think marco does, and here is the reason. trump is a self-funder, so they don't have to worry about him and they don't like trump. they have no influence, and that's the one thing trump's right about. we have to select somebody who's electable. i think marco has the best shot of not only being selected by the party, but being elected by the people because of his themmer -- temperament, youth and the state he comes from, florida. >> there's a lot of truth to that. it's going to have to become a two-man race, i think, for trump to really be challenged. the question is it going to be cruz or rubio? they have one thing going for them. cruz is from texas, that's a big state with a lot of delegates. rubio being from florida, big state with a lot of dell gates. they have -- delegates. they have to be able to win their home state. neil: by the way, florida is a winner-take-all state. texas is not.

>> that's right. neil: so if you're donald trump, he's trailing by sick points in the latest polls -- six points in the latest polls. they don't mean anything, i grant you. but he could draw even with a ted cruz in texas which for trump would be deemed a victory. >> you also have to say what does cruz do with that? does he decide, as jeb bush perhaps did, for the larger good of the party, i'm going to step aside? is we'll see. neil: all right. guys, thank you. it's getting exciting, isn't it? in the meantime, you're donald trump and you're looking at what you've done to so many of your rivals who have dropped out or barely hanging by the vine, so you look at the credible competition that you do have if you look to senate cruz, of course, they've already gone at it. but now marco rubio. lately donald trump has been raising issues about whether he is a legal citizen by birthright. of course, rubio was born in florida, there's no one doubting that, but his parents immigrated from cuba and were not u.s. citizens.

so the fight end sues. the daily caller is commenting on that and whether planting those seeds of doubt is enough to do the trick or have some kind of veer to other candidates. what do you think? >> i don't know if it's enough to do -- i guess if the trick is to draw a few people away, yeah. maybe. sowing the seeds of doubt, this is sort of a donald trump specialty. this is like in the movies when you see the guy blindly firing the machine guy around the corner hoping he hits something, donald trump does this a lot. he is often retweeting people who make allegations about his opponents, and he's pretty transparent about why he does it. he's talked about it in iowa when ted cruz was gaining on him. you know, i might have to start attacking cruz now that he's getting higher in the polls. and he says out loud what so many people say behind the scenes which is, hey, we're going to take this guy on. now he sees marco rubio as a credible threat, and he's willing to float some of these theories -- neil: but how far does he go with that? because he must be thinking, he's a pretty savvy dealmaker and businessman. he must be thinking, well, i

might need this guy, or this guy could end up on my ticket -- [laughter] so i don't want to go too far. i don't want to totally scorched earth policy, right? >> right. and this weekend in reference to this, he's already pleading ignorance. i don't know, i don't know if he's eligible. so, yeah -- neil: my friends are tweeting this and retweeting it. >> exactly. neil: right. >> exactly. neil: so that raises an issue. so i always think in politics nothing is personal, it's just business. kind of professional wrestling. they tear each other apart, then after that then they're fine. but i think the stuff between cruz and trump has escalated to something more. >> yeah. neil: they haven't had that opportunity yet with rubio and trump. now, they've both had their veiled shots at each other, but i don't see it getting to that level, but i could be missing something. >> no. there's a lot going on between ted cruz and donald trump, and it's kind of amazing for two guys who were such chums throughout most of the race.

ted cruz was clearly drafting just behind donald trump going into iowa in hopes that he could pick off a lot of donald's supporters. and now the two of them are just vicious. and trump is going after him using words we don't hear in politics very often even between parties, saying ted cruz is a liar, the biggest liar he's ever seen, and really trying to undermine what ted cruz has made a plank of his campaign, that whole trust ted thing that he's running around with. if donald trump can really chip away at that notion that he's trustworthy, that's going to really do some damage. not only is that fight a big one, it's a big fight between ted cruz and marco rubio. who is going to be the one that takes the bullet so that the other one can rise? that's their hope any bay. and donald trump, by the way, points out he's going to take some of those voters no matter who drops out. neil: and it's not a given all those voters go elsewhere. some of them go to him. vince, thank you very, very much. >> my pleasure. neil: there is a separate issue for ted cruz if you consider efforts in new york and illinois, two states where

there's an effort to take him off the ballot questioning his citizenship. of course, born in canada but to a mother who was an american citizen. i think you're familiar with the back story here, and to hear the cruz people tell it, no story. try telling that to roger bernstein who's soon to have the senator taken off the new york ballot. under what grounds, roger? >> well, you know, it's interesting. we really should start with marco rubio, because the same legal doctrines apply to marco rubio that apply to senator cruz. and when donald trump took a shot at marco rubio, that was a very cheap shot. it was really inappropriate. the place where you're born governs your eligibility to be the united states president. constitution when it was drafted in 1788 said that the president, unlike a senator or congressman, must be a so-called natural-born citizen of the united states. that is a very clear term. it was a clear term in 1788, it remains a clear term today.

it focuses on where you were born. who your participants are doesn't matter -- parents are doesn't matter. marco rubio's parents were born in cuba. they were cuban citizens when marco rubio was born here. that doesn't matter. what matters is where you first saw the soil, where you first saw the light of day. that's an ancient saying. and that's what -- neil: by that measure, what would you say about john mccain? >> well, john mccain was born on a military base, and there's another ancient doctrine which basically say ifs your government sends you abroad to be a diplomat be or an ambassador or a member of the military, you don't lose that special citizenship status. it's an ancient exception. so john mccain sits in a comfortable spot. he was on a naval basis and in the canal zone we had occupied since 1904. neil: i don't know, roger, you're a very smart attorney and maybe i've just heard other smart attorneys argue it. it's like you're trying to thread the needle here that it applies to some, doesn't apply

to others. on this issue it's been argued out again and again and again whether, you know, he is a citizen by birth of the united states. it is not good enough for you or by that thinking that ted cruz was born to an american mother in canada. that's not good enough. >> right. citizen by birth is not the same thing as born. you can only be born in one place -- neil: so when barry goldwater was born in a state that hadn't become a state, technically he wasn't a citizen, right? >> that has never been resolved by the courts. it's an interesting side passage. but the fact that these things happened in the past, that george romney was born in mexico or that barry goldwater was born in the territory of arizona, no court ever had to decide that. i mean, these apparent precedents from the past are not actually precedents, they're just historical events -- neil: do you have a candidate in the race? >> do i personally? no. this is a voter-based lawsuit.

voters need to go to the polls knowing who the eligible candidates are. neil: because at first blush i would think you must be a trump guy. >> nope. in fact, i have a separate lawsuit pending against him. you probably knew that. neil: so my second thought would be maybe he's a rubio guy. >> this is -- i'm representing clients in this case. my personal preferences, whatever they might be, don't govern the legal job that i have which is to represent my clients. my clients don't want to go to the polls and vote for someone, find out that that person can't run. you know, congressman grayson has threatennenned to sue in september if cruz is the nominee. neil: well, is in the same argument being used in illinois? i know there are a half a dozen other states where this might come up. is the basic argument whatever your argument is in new york? >> variations of it, yes. the lawyers in other states have made similar arguments. maybe they haven't made them as well, maybe we won't succeed. i don't say that anything has happened in those states is dispositive. i do know in new hampshire the

board of elections urged that the courts take this up. i know harvard has urged that the courts take this up. i don't understand why senator cruz is reluctant if he's confident that he's right. he should welcome a decision by the courts. neil: well, you know the courts, they can be all over the map. they can make multiple decisions depending on the courts. >> well, of course, and that's why one would want to get this up to the united states supreme court. neil: so this isn't just to keep him stuck in legal limbo forever. >> on the contrary. if i could just add, anthony scalia would have been the perfect justice to address this topic. i'm sure that irony may have occurred to pokes already -- folks already. he was an originalist. if you look at the original meaning of the clause natural-born citizen, that was clear in 1788. if you look at the text of the constitution, it draws a distinction between citizens and natural-born citizens. and a textualist, such as scalia, would say you have to

give that meaning. you can't just ignore that difference. neil: well, other smart lawyers disagree, but we'll see. >> well, i thank you for the little compliment, but the thought really is toe to get a decision. neil: that's right. and we'll see. roger, thank you very much. >> you're very welcome. neil: all right, a peek at the dow, up 200 points. remember, trading was interrupted by the presidents' day holiday last month -- monday. oil a big catalyst, we'll get into some of the weeds a little later as these hour and 45 minutes ensue. but on to this apple fight with the fbi, and now enter congress to make this trifecta. what it wants to do to sort this all out once and for all. good freaking luck on that. ♪ ♪

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neil: all right. if you're as confused as i am on this whole apple/fbi thing, you've got to have an expert like lizzie macdonald who's brilliant at sorting it out. now, as i understand it, lizzie, congress might get involved. explain what's going on. >> what's going on is apple is saying they are being dragooned by the fbi into writing new software to get into the san bernardino terrorist's phone. the fbi is saying you, apple, will have custody of the software. just write the software, we will remotely try to get into the terrorist's phone via password attempts. apple is saying they don't want to write this software, get this -- this is new -- because there are hackers out there who

are relentlessly trying to attack and break in, that that software, even if it seem toes it's in their custody, could be hacked and stolen, and that would be the master key. fbi director james comey is saying, hey, let's take a deep breath, the world is not opening. apple doesn't dispute the software that the san bernardino county gave the fbi permission to get into the iphone, and the fbi has gotten iphone in other content from apple, and apple admits to that. neil: so does apple fear even if it's a single phone, one and done, you know, that the government would know how it opened that phone up, and it would be exposed? >> that's what they -- well, that's a good question. the fbi is saying we won't know how the iphone was opened because we won't have the software. apple will know how to open the phone, not us.

apple will retain custody of that software -- neil: but apple fears that they will know. >> they fear that they will get hacked and that software will be hacked, and then that so-called master key, everybody would know. if apple gets hacked. that's why they're saying, you know what? congress decide it. apple is saying to congress you set up a commission and, by the way, that is in the works according to a bill from mark warner and michael mccaul, homeland security committee. so that would give apple legislative cover if congress comes up with a bill, a legislative solution that says now devices could be wiretapped, right? that's not what's happening now. phone traffic is wiretapped by law enforcement. for the first time, you could see devices wiretapped. neil: well -- >> sorry about that. neil: no, you're brilliant. thanks. enter congressman tim murphy from pennsylvania, calling for both apple and fbi to testify on this very issue to seek out, i guess, a middle ground, congressman, right?

where congress would settle this? >> well, we're hoping to get some more information. i just sent a letter as chairman of the oversight investigation committee, a bipartisan letter, asking the head of the fbi and the head of apple to meet with us, to come to a hearing and talk with us about this. we've got to have a resolution. the idea that information could be out there that could lead us to finding more information about terrorists, terrorist attacks, terrorist networks which threaten life in the united states is something we've got to solve. and just talking about the periphery issues here is not going to solve this issue. neil: wouldn't a lot of apple enthusiasts, apple itself, free speech advocates, sir, say, well, you're still the government? it might not be the justice department, some judge, but it's a congressman and his buddies on both sides of the aisle who are deciding what we do. that's just as offensive. what do you say? >> well, they need to read the constitution, because the constitution forbids illegal

search and seizure. you have to have a search warrant. there was a supreme court case, i believe, last year, reilly was the case whereby a policeman can't just look at someone's cell phone and begin to scroll through and get information. they've got to have a search warrant. that is what the fbi said they will do. they want to make this very specific, just let us guess their password and get into those files and use that. this is a system that was used very successfully during the iraq war when they got a cell phone from al-qaeda or someone else to look in it and find out what their contacts were. this is going to be very valuable to us. it still comes down to this: there's a huge threat here to lives. this is not just someone robbed a local convenience store and we're trying to find out something. this is an ongoing issue of war on terrorism by terrorists who will continue to find subversive ways and clandestine ways to communicate. and it is important to shut the door on that. i look at it this way, if a land lord owned an apartment building and there was some bad activity taking place in one of the apartments and the fbi says we

need to have the pass code just to get into that apartment and the person said, no, because if i give you that pass code, you'll figure out how to get into everybody else's and we're not going to let you do that, this is very specific, very targeted to deal with manager. and the absence of this means those talking about i don't want anybody looking at my cell phone, which is not going to happen here, it is the issue of do we let those lives in san bernardino just be with considered collateral damage? i don't think the american people would like that because there are real lives on the line. neil: all right. an interesting fight. we'll see where it goes. congressman, thank you very much for taking the time. in the meantime, you've heard all this talk particularly on the republican side about a brokered convention. what that means is, essentially, someone arrives without all the delegates necessary to be the nominee. but in most cases you do have someone with such a lead that he's all but considered the nominee. what if that were donald trump? would the party go along with that? after this. ♪ ♪

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neil: all right.

i don't know if this warrants a fox business alert. nevertheless, the president is meeting with governors right now saying that china's not always played fair on trade, to which i'm sure many were at least thinking, duh. but nevertheless, one of the things he's trying to say as he pushes his own asian trade initiative -- that, by the way, does not include the chinese, but is meant to counter their trade strength overall -- that they have to stop manipulating their currency, stop trying to push their country-favored firms over ours, the kind of stuff, of course, that's been routine among democratic and republican presidents alike. but the criticism of this president is he hasn't done that nearly enough. we shall see. all right, now to politics and something, by the way, that donald trump has mentioned, this whole china thing and that they always have our number, and we're always playing on defense. say whatever you will, that has self-propelled donald trump to the front runner position in this quest for the republican nomination. he's a long way from there.

keep in mind that you need about 1237 delegates to be the republican nominee, and right now he has anywhere from 60-70 depending on the math you use. so even with 14 states coming up that will portion out another 7-800 delegates, it is fair to say that even past that time he, if he stays in his lead, would not have all the delegates necessary to be the nominee. but he would have such a commanding lead, much like mitt romney four years ago, he'd get it. or would he? that's where this brokered convention talk comes in. mark serrano on that. mark, the argument is that the party will do everything it can to make sure that doesn't happen, arguing that trump has not amassed the exact number of delegates so they're free to look elsewhere. >> yeah. well, neil, the party's blinked before. i mean, on september 3rd when trump signed that pledge, you know, reince priebus, the party chairman, was there for him to sign it, i saw that as the party blinking.

youngs, look at it -- you know, look at it this way. if trump has got the lion's share of delegates heading into cleveland, what he's going to say is i'm coming to cleveland, and hell is coming with me. because if he's close, he's going to raise hell for the party. and as much as the party establishment may have the rules stacked against him, if he's close, first thing he could do is try to lure a lot of unpledged delegates on to his side before the first ballots. but the other thing is if he's the world's greatest dealmaker, i think he would likely make deal at this point to put him over the top. neil: now, john kennedy did something like that in 960. he didn't -- 19 of90. he didn't have all the delegates necessary. in those days the inside boys in the party, you know, honchos had a lot of sway. lyndon johnson was head of that group, and kennedy just put him on his ticket. >> yeah, right. and that's the kind of deal i'm talking about. so no matter how much trump may

be beating up on his opponents right now, i don't think that will matter at all in the end run. trump would make a deal that's going to make the most sense for his prospects to get the nomination and to win in the fall no matter what. you know, there's another threshold that has to be met. party rules say not only do you need 1237 delegates, but you also have to come in first in eight states. now, so long as cruz and rubio are duking it out, there's the possibility that neither one of them reaches that eight-state threshold. for one thing, there are and states with winner-take-all primaries, 13 states, they'd have to pick up a enough of those to get their delegate count up, but most importantly, to reach the eight-state minimum. >> this is going to be huge. >> going to be huge. going to be bloody. neil: mark, thank you very much. you know, this past weekend we buried a supreme court justice. now the question is whether we will see another justice before this president's term ends. republicans say, no way.

democrats say, you better find a way. how doable and likely is that with scalia gone, now that they've resumed activity at the supreme court without that fellow on the bottom right, what then? after this. ♪ ♪ pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide.

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connell: welcome back to cavuto coast to coast.

i am connell mcshane. the s&p, a broader measure of things. it is now showing a gain of 1%. a number of individual stocks today are hitting lifetime highs. just a couple of examples. a broad-based nature. one of 10 individual s&p stocks doing the same is honeywell. in industrial stock. this weakness about a debate whether great britain gets out of the european union. stocks are doing quite well to start the week. ashley: by the way, i was very worried for you. you started a number of fights. [laughter] >> yes, i got them all riled up. >> they were very common till i

got there. connell: i know everybody was watching a saturday night. while you and i were on the air, a fight broke out between you and me. maybe great britain was leaving big european union. i am not sure. police were on the scene. one guy got kicked out of the rally. that was even before it began. good times. neil: thank you, my friends. marco rubio says they have a right to respond to a president naming a supreme court nominee. republicans and democrats sharply divided. >> we should not be appointing anyone until any president is in place. what is the point?

neil: you in the final year -- really? >> i would respect the fact that we have a 80 year tradition in this country of not moving forward. in the last year the presidency. that is what this is. neil: alberto gonzales on that. judge, very good to have you. i know that this president still has a year to go. ronald reagan ultimately got his choice in the final year of the presidency. deciding when or when not to with hold hearings. you are afraid of what the president may come up with. >> yes. perhaps, a bit of that for senator rick -- senator rubio. this is a big deal for president.

if you identify someone you think is qualified and you are ready to make the nomination, i cannot imagine that a president would not make the nomination. i just do not see it happening. i just do not believe it. >> i do not see the wind strategy for republicans. accepting confirmation hearings. you can reject it. by not holding the hearings, i think that that would be far more politically damaging. would it not? >> it can be. given the timing of the nomination did a supreme court nominee confirmed, under normal circumstances can be an obvious task. a lot of it depends on the factors. the senate does control its own calendar. the senate believes that they

can get away with not holding a hearing. from my perspective, at the end of the day, the president has a job to do. the senate has a job to do also in making decisions as to whether it should be confirmed. >> i have seen them play both ways. senator obama did everything in his power. >> playing politics in the confirmation process. for all federal judges. it is very, very unfortunate. it is something we struggled with in the bush administration. the president has a job to do. the senate has a job to do. i think the american people should expect both to do their job.

neil: the pentagon, cuba is submitting shut gitmo down plan. now, that is probably dead on arrival when it comes to dealing with congress. what do you make of that and whether this will add to the heated nature of this visit? >> i think that it will certainly add to the heated nature of it. president bush wanted to shut down guantánamo. we could never provide to him alternative. what we would do with these dangerous individuals that we held there. the reaction to what president obama intends to do will depend on what the alternative plan is. hopefully, he does have an alternative plan. a lot remains to be seen in terms of what will happen going forward. neil: always good to have you here. thank you very, very much. three republican candidates, donald trump, ted cruz, marco rubio.

has all forgotten john kasich, or for that matter, john carson? do not forget our own coverage of the republican caucus. right in the middle of lunch. no, no, no, neil. it starts at 11:00 p.m. it will go until 1:00 a.m. no. i know. more after this. ♪

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neil: you have heard that we will be covering the nevada caucuses. it is not 11:00 a.m. to 1:00 p.m. it is 11:00 p.m. to 1:00 a.m. i am fine with that. >> most of the candidates are here for campaigning. donald trump arrived last night and checked into his own hotel

that is then downtown las vegas on the strip behind me. he tweeted out, i am in las vegas at the best hotel by barb. i will be working with my wonderful teams and volunteers to win nevada. battling it out for second place. having a campaign stop yesterday. >> donald trump has demonstrated that he has a relatively high floor of support. you had nearly 70% of republican primary voters that do not believe that donald trump is the right person. >> marco rubio. he hopes that some local roots will help him win. i did not know this, but he spent six years here as a kid when his parents came here for work.

>> my mom is cleaning hotel rooms in the city and my dad james behind the bar. they had enough to stay here. if our economy is producing good jobs, people cannot make those trips. if they can, people like my parents get her. >> john kasich. he is in virginia today. one of the super tuesday states. >> thank you very, very much. a lot of pressure on the ohio governor to step out of this one. charlie gasparino on that pressure. what do you think? >> he is a loyal republican. he is a very good governor. in ohio and, those are all the planes that i think the established republican types that make these calls, it will

be contributors and people like that going to fail. save the party. the narrative now will be going forward from the republican establishment. the republican party is in danger of extinction. at least being broken up into two. donald trump, what he represents and some of the policies that he represents, could affect that. they will point to that. pointing to the fact that he is and untrustworthy conservative. when you do polling, a vast majority of people who vote against him or supporting others say under no circumstances will they vote for him. >> you know, you nominate him. >> it could really legitimately

break up the party. you could see another party establishment. >> bringing far more into the party. >> a do not believe him. i am not saying that he is wrong. they think that he is a charlatan as a conservative. neil: that is not what matters now. >> here is the problem that he has. one point, most solid ground. he never tops above 30, 34%. >> look, more dropping out of the race. >> he stayed at 30. he stayed at 30. look at the people that are dropping out. this becomes a three-man race. neil: what happened there?

>> well, you have to look at things twice. did you ever see -- neil: do you need a hug? charlie: can he beat hillary clinton? neil: sure. charlie: jimmie carter. jimmy carter getting 12% of the vote. >> on his way to the nomination. you can take an argument any time. >> never had the negatives in the first election. >> i am telling you, you are fixed on the moment. >> i do not know if we want you here. >> 11:00 p.m. tomorrow. it is not 11:00 a.m. >> he is a rockstar, in my opinion.

>> is donald up in nevada, too? >> date time. we will have more after this. ♪

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>> all right. telling their boss that they will not be into work and they show up at a mets game. showing his picture surrounded by money. talking about his problems with money. probably not a good thing to do on instagram. all right. finally turning things around. we can believe in this rally. we are up about 1000 points from our lows.

roberto, what do you think? >> neil, how are you? friday. we obviously cannot discount the 6% of in a straight line push. we saw a gap gap ups in the market on wednesday, thursday and friday. thursday. such a cluster. such buying pressure. has not seen in such -- neil: do you believe it? do you believe what you are seeing? >> i think that you have to believe it. we are right at the 50 day. a gap to the upside. i think we are about as close as we have seen in some time. you have your hand at zero interest rates.

i think donald trump sweeping the carolina primary is very important because of what his tax reform czar. >> gary, what doou make of that? >> i think that on february 12 i thought that the market got sold out again. what we saw last september, october. i think that there's another two or three or 4% ago. i think that there will be more pain once this is over. a couple more weeks of this bear market rally. up to about 10 weeks. i think probably getting late already did i would not be buying up after the move. i would be selling up. >> we are still down about 5%. what do you think it just that? it does not necessarily mean any

aim. >> a cyclical bear market. yet. you do want to lighten up on positions. you kind of want to buy below 1885 on the s&p. i think what is important is what we saw last week in the energy markets specifically. greatly outperforming the energy bonds. you have to see energy equities lead us out. >> gary, are you buying that energy thing? >> i think you had a brutal bear market for energy and commodities. i think you can put energy on the market. every now and then, they will bounce them. >> gentlemen, i want to thank you both. >> donald trump is by far the richest candidate in the race on either side.

he has spent the least. it is true. he is the richest and he has spent the lease. it is true. after this. ♪

neil: the. anomalies of the campaign. blake bergman on donald trump. i guess being cheap. >> he has talked about this consistently on the campaign trail. they spend just about the least among any of the candidates. looking at the money trail here. breaking this down a few different ways. they are about to make it official on how they spend it. ted cruz on the top three there.

spending the most money. that is her january. $41 billion. marco rubio at about 33 million. donald trump all the way down to $24 million. it is a big disparity there. another way to look at this is through the super pac money. they viewed it through iowa, new hampshire and south carolina. those three states. we are putting jeb bush on. putting him on this just to show it starts here. sixty-eight and a half million dollars in his super pac in just the first three states alone. that is doubled. marco rubio at 27 million. ted cruz at 13.8 million. donald trump, zero. he does not have a super pac. we have talked about this. none coming from the super pac.

super pac hollers for both. jeb bush. the next closest. a couple others at about 55. of course, trump. incredible. neil: thank you very, very much. establishment pull. now, working with marco rubio indoors and him. he is obviously someone you pay attention to. majority leader. why marco rubio? >> thanks again for having me on this morning. it is a great opportunity. seventeen people up on the stage at that time.

it was an important race. an important time. he was much more than a politician. he stepped aside here it i think the goal to that is to coalesce. to support a candidate around one we think can win the nomination. alternately, when the white house. neil: you chose rubio for that. not ted cruz. not john kasich. why not? >> we look at rubio's message. i think that it is quite clear. we had a race not too long ago. the big mantra in this state, in nevada anyway, was anybody but read. we realize that that does not work. you cannot go to the voters with an angry message of fear and loathing of what is going on in

america. i think that marco has a positive message. the 21st century america. we have to be able to address the larger picture and get the realize asian that there is hope. there is opportunity. the american dream is not dead. >> anyone who the establishment wants, we do not want. the past couple of big elections. we would rather not go that route. what do you say? >> running the way washington has been ran in the past. obstructionist in washington. certainly in the white house. i do not think you see that with marco rubio. it will be a little bit of an experience.

neil: thank you very, very much. donald trump is not without his big endorsers. should the establishment or guys follow? donald trump democratic strategist. dagen mcdowell with us. connell mcshane. what do you make up for that? all of a sudden, it will be a battle of a renegade. >> eventually, i imagine, if donald trump looks more and more like he will be the nominee, some in the establishment will

have to coalesce around him. they will try to sort of mold him and get him to conform a little bit. my guess is you will start to see that more and more. >> a lot of them come, early on were concerned about ted cruz. more able to do deals. dagen: i think that it is important that these advisors, if you will, even casual advisors being a close personal friend of donald trump. you are starting to care about them. he actually acknowledge that last week. he is going to be revealing some

of the people that will be the closest advisors. even though he is beloved by many republicans is not exactly an establishment. pro-choice. he is in favor of gay marriage. even though he was very fiscally conservative and a leader for the city after 9/11. the mag interesting thing for trump, when he came out. right after that he said, you know, getting these folks from people that drop out. i will get some of them. rubio seems to think that he was making this argument. jeff was out and he was trying to get kasich to drop out. it all moves to rubio. that is not necessarily the case.

only 10% that goes to rubio. he actually has an open door. that may make him feel better. for the most part, it seems like he is just spit balling. throwing out ideas. not listening to anybody. if he is listening to people like rudy giuliani. neil: whether it was bill clinton in 1992. you cannot go anywhere with that guy, it will be a sure loser. 1980. concerned about them. howard dean in 2004. yes. i do think you have to be careful. you do not want to crown a

nominee so early. you so have a lot of states to go. a lot of disengaged, disenfranchised voters. whether they are or not. talk about rudy giuliani. that kind of rhetoric, not being authoritarian, not be an authoritative, but authoritarian. donald trump seems to be using it a lot. that is selling. we always take it as right or left. maybe it is just ticked off. >> in that last ebay, when he went after president bush, i

started to think more and more. he is courting the disengaged, the angry, the upset. >> i am not these guys party. >> he is starting union democrats. >> all weekend and south carolina. charleston. >> successfully. we ask people all the time, why do you support them. nobody talks about that. not one issue was brought up. every single issue had some version of because he is different. >> going back to the assembly member. you have to govern to people's aspirations. that kind of candidacy gets rid check it.

i like to see that in favor of the democrats. i do think ultimately that becomes a problem. connell: it will be hard for other republican candidates. if you do not want trump, you want me. i'm glad to see my people when he was down there over the weekend. >> well -- [laughter] neil: look at oil. it is racing down. thirty-two bucks a barrel. the reason why we have stocks

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>> clients do not want to go to the polls and vote for person that cannot run. second to sue in september if cruz is a nominee. making the decision by the courts. >> a little bit early. off the bow in new york. across the country. natural born. natural born citizen. he was born in canada.

it does not matter. a natural born citizen. lawyers have greatly diverged on this issue. it does not appear to be an issue. nevada attorney general. you are arguing that this effort is going to far. it has no merit. >> it absolutely has no merit. i think that everyone knows that. it is smart campaign tack tics. being able to focus on the positive message for this country. returning it to places like nevada. 3000 miles away from washington. it is just a giant distraction. this is no issue at all. >> half the time i think that it is just to raise doubts.

the fox business ebay. i asked him why he was choosing to do so. i said because cruz is cruising in the polls. he got a good laugh out of it. whether he thinks that is an important issue now or not, do you think that it does damage ted cruz? people say i love to support him. there is this possibility that you could be disqualified. >> well, i think that you saw today the same thing said about marco rubio. it is just an unfortunate attack. >> he was born in florida. his parents immigrated from cuba. >> i think obviously emigration is a huge issue that trump has brought to this election. both of these guys are not legitimate americans.

i come from immigrants. as do most americans. we are excited about trying to get cruz's message out. i can tell you that we are going to travel 750 miles today to campaign about this state. driving up the entire. excitement here. out for cruz. neil: what would be -- south carolina. i am sorry. >> the real core conservatives did not show up to support bruce. as many had thought that they would. >> a candidate that is attacked from trump and rubio and the media. from all sides.

a ton of money was spent just driving him into the ground. a congressmen and, you know, cruz did very, very well. the world try to put him under. neil: thank you very much. congressman gaudi, all rallied around. helping him and south carolina. we will see how that carries them. a candidate not in the top three. so last surviving standing of an are in this race. after this. ♪

>> a quick peek at the down now. the price of oil, a big reason here. we are up from the lows who reached a little few days ago. growing optimism that maybe oil has fallen as far as it is going to fall. this has been a trend of late. upside some days last thursday and friday. we had the best week last year. going back to november. some people are taking what they can get. the last governor still standing. he has no chance. i always think it is a bit premature. john kasich advisement with us right now. you heard this talk before. it goes something like this. established that wants to rally around a consensus person and that is not your guy.

he became second in new hampshire. he competed very heavily and south carolina. he has the conservative record. both from his time as governor. he turned it around. they coupled that with the chairmanship in the 1990s when they balanced the budget. reformed welfare. >> a great story. there are normal states. 64% of the vote in ohio. flying to governor kasich. he is the best candidate to beat hillary clinton. there was a new pullout last

week. the largest margin against hillary rodham clinton. as people start to let this dust settle and see his record, see his story, they will have fundraisers. seeing them with john ridge. >> it is interesting. all of this is perception. governor kasich, do not screw this up. we do not like to hurt your chances. what do you make of that? i am sure that you have heard that once or twice. >> that will continue to carry on. there is a path that the governor has put into plan. he has actually become that path. that includes him am going to march 15 in the higher primary. neil: does not also that also mean that hoping that rubio and cruz sort of cancel each other out? then, you know, scoring

strategy. opposite of that. >> that is exactly right. that is why his message is working. people are tired of fighting. that is why he did so well in new hampshire. it will between one, two, 3% of the electorate. >> we will watch very closely. thank you very much. >> trent duffy. no money down. little down, little checks on who gets the mortgage. they are back. they could be coming back. what if you are afraid of what happens because so many now are looking to do it. after this. ♪ ♪ i built my business with passion.

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but at bedtime... ...why settle for this? enter sleep number and the ultimate sleep number event going on now. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store, all beds on sale right now save 50% on the ultimate limited edition bed. know better sleep with sleep number. >> back on "cavuto: coast to coast." you may know the name general michael hayden. he is the only person to be head of the nsa and the cia. he will be on the show with neil tomorrow. he is out promoting his new book. in doing so he is making a lesson don't make assumptions somebody's point of view might be. you would think somebody in his background with current debate on privacy and security with the government he would be on the

side of the ghost each and every time and you would be wrong. back and forth with apple and fbi, in that specific case whether the government should be allowed to break into the phone of one of the san bernardino killers, hayden says he probably sides in the government but only in that specific case. on the broader question his comments are much more interesting and carry a lot of weight considering who they come from. he is saying this issue of the back door on the phone where the encryption could be cracked by the government and said that would not exist. he said in "usa today" interview it would harm our security. when you look at american security and safety at large we are safer, more secure nation without back doors. so he is against it, neil. he thinks it would, other people would be able to take advantage of it, whether hackers or even foreign security, foreign intelligence agencies. interesting point of view from somebody you might not think would have that point of view. neil: we will talk about that. that raised some hackles in his very own community.

so, a lot more with him tomorrow. thank you, connell. you know, when you look at the housing crisis from which a lot of areas are still recovering, the catalyst for a lot of it getting a house was birthright, not a goal as it used to be. we had no doc mortgages, no money down mortgages. we got a little too far, maybe a little too easy. now, pendulum seems to be swinging right back to that, or some, some people are warning about another housing correction are saying, amid news that bank of america is looking at 3% down mortgages, among others. gerri willis and tom sullivan on that. gerri, what is bank of america proposing here? >> well they want another 3% down mortgage. instead of putting down 20%, you would put down 3%. here is how this is so very, very different from what happened back in 2006, 7 and 8. essentially if the loan goes bad it is not going to be taxpayers on the hook.

it is going to be a not-for-profit and this not-for-profit has a very interesting background. it is a group that emerged out of the housing recession and really head bankers feets to the fire demanding payment to assist people who were in trouble with their mortgage. so there is a lot going on here. i don't think the answer is as simple. neil: so, tom, a lot of people look at that, saying we'll go back to the go-go days of lending to anyone. i'm sure bank of america is saying not quite. what is the read you're getting because a lot of these type of loans did lead to trouble? >> you went through the whole list of no-doc loans, interest-only loans, nothing down, loans, it was crazy. if you were 98.6, you got a loan. as gerri was talking about, group in between bank of america and freddie mac is this self-help fund which has been around making mortgages since the 1980s and they have targeted primarily lower income folks that pay their bills on time. they are the ones who will be the screeners. they're first going to the got

loan from bank of america and decide whether they want to fund it or not. when they take a look at these people, i think it is going to be a good screening process. then, once they buy it, once they approve it. it goes on to freddie mac. but if there is a problem with the loan, the self-help fund will take the hit. >> can i just say, i think what is crittably important about this and great news for individual americans out there, no private mortgage insurance. this is a lot of money that people have to pay out if they don't have the 20% down. with this extremely careful screening process, they won't require this anymore. that means 100 bucks to people, each and every month who barely have the money to put together to have a house, to fund the car, et cetera, et cetera. this is good news. once more it means the big banks are not leaving mortgage lending. for years and years we've seen the mortgage industry has been dominated by small-name, no-name companies.

bank of america is in it to win it. >> they're in it to make money. neil, this is the thing about them. it is only $500 million deal. you still have to have a credit score of 660 which isn't great. what it means, your income has to be below the median. so basically for lower income people who have done a pretty good job of paying their bills. neil: all right. now i know. guys, thank you very much. now i know this too. we're at session highs. the dow is up north of 240 points. oil is up, which makes me think this continues. jet fuel prices could be up, which makes me think my airline ticket prices are going up. or are they? after this.

>> it is now time for our fox business brief. you know, market is obviously up big today. amazon one individual stock to look at. it will raise free premium shipping minimum to $49. for people who do not have amazon prime minister. it is in the news. stock up by 4%. outpacing markets. good day for amazon, good day for check, generally speaking. big tech names are higher. microsoft up. google is up. netflix is up. alphabet which i still call google which is just me.

gainers are not hard to find. i could pick a bunch random ones. all 10 sectors are up. energy materials, outpacing rest. look at gains today for oil up by more than 7%. more than $2 a barrel. anxiety level, market is going down today, vix under 20. neil will be right back.

neil: all right, let's look at the dow real quickly.

up 262 1/2 points. higher oil prices are the big reason. you know that score. they go up. stocks go up. jetblue founder is here on airline industry whether they're low or high, the industry is doing very, very well. he has proven that with his airlines with flights to brazil, now with flights daily to portugal, beginning like when, now? >> 10th, 11th of june, austin non-stop daily and jfk for the peak season july 1st. >> why portugal all of a sudden? a lot of people are saying, saying good things bit, but not immediate destination. >> happens all in brazil. portugal serves 11 cities from lisbon to brazil. there are a lot of synergies there. i looked at service you hardly have anything in the united states. some flights to miami and newark and but don't have a lot of stuff in the u.s. i think leaving the united states and

going to europe,we have 34 cities in europe we serve. flying in lisbon with a three stopovers and going on to venice or nice. very nice way to go to europe inexpensively. introductory fare 799. at beginning of europe and you don't have to fly to one hub and fly backwards. works perfectly. neil: before you go to madrid check this place out. >> yes. neil: get your sense of brazil. a lot of concern, zika virus, everything else, people are saying i don't know, i don't know. what do you think? >> well you know obviously it's a great country, great people. we have olympics coming up this summer. going through a rough time, no doubt about it. the government has to step it up. neil: has it affected flights to the area? >> what hurt us is exchange rate. a lot of our costs are

dollar-denominated. exchange almost went four to one. investor money was 6 to one. now it is four to one. neil: make it kind of tough. >> you have a softening economy. can't raise fares to compensate. advantage of falling fuel because we buy in dollars doesn't help us that much. it is challenging. brazil has to get its hoist in order. there has been corruption. they have to fix some of the stuff. they have to fix it. neil: you mentioned fuel prices. that is a big chunk for an airline. a lot of people are mystified in this country, oil prices go back up, if all airlines are getting cheaper fuel prices how is it my ticket is going up? >> if you you look out on a general basis, fares are at a six-year low. if you look at a graph between the u.s., has not grown number of passengers over the last 10 years. brazil's gone up threefold during that time. neil: why does every plane seem so crowded? >> it is crowded because that is how they hold on to high fares. neil: take a lot of at runway? >> right. if you take, add a lot more

flights, in order to the fill the flights you have to lower fares. because their costs are lower now, because there may be some softening and trouble in the markets, people are getting nervous about flying. so they have to lower fares to assimilate that. the other thing is, you see spirit and frontier, who have come out with these ultralow fares. big guys setting a part a side of their cabin. you want to pay for bags. get unrefundable fare, want to pay for stuff in the overhead bin, come sit back here. neil: are you doing anything with cuba? i know about jetblue but what about cuba? >> cuba is interesting. from brazil things are in flux. neil: you're not running to it in other words? >> if i was in the u.s. i would be running to it. neil: really? >> there so many great destinations in the caribbean for europeans. i think it is interesting. a lot of people are very curious going to cuba and experiencing that country because it is so closed off. neil: yeah.

you were a backer of mitt romney four years ago, right? >> yeah. neil: donald trump's on fire. the prohibitive favorite. >> yeah. neil: if he were to win the nomination would you back him? >> that's an interesting question. you know i think he certainly says a lot of good things and a lot of things that concern me. that is something i have to wait and see. i will not certainly, nobody cares if i endorse him or not. neil: i know. you carry some heft. many in the business community even though he is a businessman are leery. they're worried that he would drag the party down. mitt romney seems to be of that mind set looking to marco rubio. what about you? >> there are certainly some concerns about some things. but i'm not sure, you know that he would govern the same way he is running. you know -- neil: that is interesting. >> when you make it into office, bill clinton went to the center. i think there is this rush, i think you are on the far right or far left when you are trying to get the nomination. when you run you're more to the

middle and when you govern you're more to the middle. i think he would be a lot more rational as a president than he is as a campaigner. neil: markets are up over the lows reached a week ago. are you bullish, bearish, nervous. >> i'm nervous. you have to be nervous if you're working in those go places. i think it got a little heated. i think it had to have pullback and i think there are opportunities right now. neil: until that next flight to portugal, david neeleman, he has become an iconic figure in this industry overcoming a lot of naysayers with each and every new destination. think about that, more after this. enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪

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neil: all right.

we're up 264 points on this dow now. we're closing back again towards the 17,000 neck of the woods. every dow stock for the time-being is in the green. so every 30 stock ahead for now. all right. charlie gasparino with me now, always breaking news. what have you got? >> very nascent, just beginning but, after south carolina, i think the cold water really got thrown on the gop establishment. neil: right. >> what you're hearing from a lot of establishment players, these are major fund-raisers, they are working for some of the people still involved in the campaign. i don't want to say who because it will give them who is involved in the campaign, this is nascent move by gop fund-raisers -- neil: bloomberg, within the republican party? >> it is unclear. they want him to run if donald gets gop nomination. neil: wait a minute, wouldn't argument if he, that ran as independent he could hurt the

republicans? >> it might be. i'm not saying they're thinking that way right now but what they're saying is, that they believe that advent of donald trump leads us, is almost as disasterous as hillary clinton for a lot of reasons including, you know, his alleged, i will say, nativism and things of that nature and they think, they think that, that he is a, far too erratic to be, to have his finger on the button. and they're going to try to pressure, and they are talking to bloomberg reaching out. neil: do you know what he is saying? >> from what i understand he, he keeps his cards close to the vest. neil: right. >> he doesn't rule anything out but i understand, and, it is more or less, that he needs two conditions to run. he needs trump and sanders to win, their nominations. that is at least floated so far by him and his people. that just, trump win and hillary

win is not enough to get him in. he needs both as of now. but, listen, they're going to keep pressuring him. if donald -- neil: i want to be clear, push ideally run for republican nomination or independent? because they would be -- >> independent. trump wins the nomination. so, and i tell you, you're going to hear mower and -- more and more of this with every primary donald racks up as a win. this is going to come out more and more. neil: looking for a -- >> this is what is happening. i'm not endorsing it. i'm telling you i know it is happening. neil: thanks, buddy. we'll watch, very, very closely. meantime the dow now up at 270 points, there abouts. higher oil prices and a lot of people thinking we were through the worst of this after the best week in the year last week, last week since november. always, i always hasten to add, be very careful of a snapshot. what do i tell you, once snapped, shot.

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neil: can tell you all emails, neil, we had no idea fox business would be live weekend to weekend, covering south carolina, nevada caucuses. we did. i told you. here is what you missed. polls close in south carolina. we can say it is a tight battle among the top three. i'm sure, connell, the crowd erupting when they saw the first television images of fox business which a lot of them maybe they don't get and now they will demand. by the way, this will be among many, many sort of commercials that we have, with hours to go here. deal with it. >> neil, before i say anything, i hear you plugging fox business. i want to make sure i'm on message. everybody should be watching fox business. neil: we can safely say donald

trump has won south carolina. we have a message from the trump campaign to charlie gasparino. >> charlie, enough with the money too, all right? it is not all about money. >> when will you start spending money. >> he won. he won. >> candidate usually using different types of media to get his word out. >> i personally really like donald. neil: what do you say about the people you hate? >> comment earlier about demanding that fox business network. i don't think they have the right one on here at trump headquarters. i don't know that anyone, or very few people know that the race has been called for their candidate. neil: thanks for making us all feel so good about fox business. we appreciate that, connell. big backers of marco rubio along with nicky hallly, donald trump thinking us not so veiled swipe at the governor. >> you know henry, right. governor of south carolina, i will take him over the governor anytime because we won.

we won. >> this victory here is different to show how strong his appeal is to people all across the country, i believe. as you know south carolina has been bellwether, good indicator what will happen later. neil: what is on the tv behind you? please tell me fox business network? >> is there any shameless opportunity for self-promotion you would skip? neil: no. no. >> it is fbn. we're very proud of that. people are attuned as they watch you on the big screen. i heard the cry go out here in the ted cruz ballroom, give us more trish regan. i leave that in your hands. neil: making his final appearance on our show tonight, james rosen. >> establishment is known for some time that they have got a problem. neil: yeah. >> and trump is changing the rules. >> is rubio the answer? >> people of iowa and new hampshire and south carolina have spoken and i really respect their decision. so tonight i am suspending my

campaign. yeah, yeah. neil: all you can say, wow. he was once prohibitive frontrunner. almost annointed next president of the united states led all the polls and all opponents, by double digits. >> there is difference between new hampshire conservative and south carolina conservative. the fact he got both those states, that is very telling. >> south carolina has serious track record. neil: newt gingrich, normally produced nominee. newt gingrich the last republican winner of south carolina primary. i believe if memory serves me right, speaker, when you were on the phone with us, with fox news, is now calling polls have closed that you have won south carolina. we are calling this race for you. so congratulations there, sir. >> thank you. very close race between cruz and rubio but it is not a very close

race with donald trump. he has won a decisive victory in a state which is very evangelical where i think ted cruz legitimately thought he could potentially be dominant. neil: won by double digits. now he is moving on to nevada where republicans are going and democrats did tonight and hillary clinton lives to fight another day. comfortable win for her when all said and done. ♪ neil: for all of you who found out that yes, indeed, business network would go live, during a week, i hope you know we will. we are "the avengers" team of finance politics. you can watch some of these

other pairings and groupings on other networks. here, it you get it. one-stop shop. keble excellence. here is a big part of that. trish regan. they do not know this stuff. trish: quite a night on saturday. thank you so much, neil. voters in south carolina giftwrapped a decisive victory. can donald trump stay in the lead and who does heeed to take out? i am trish regan. welcome, everyone to the intelligence report. rubio was born in miami. they were not u.s. citizens at the time. plus, apple and the fbi intensifying dramatically. not being entirely truthful with its customers. the families of the victims of the san bernardino killers.