that is what we follow. >> trump clinton. stuart: meal, it is all yours. >> thank you very much. more drama developing. the president can go ahead and submit a supreme court nominee. the senate will not even take up the matter. a presidential pick on this until after the november election. some comments that joe biden made back in the summer of 1992. urging president bush senior. that was then, it has been repeated now. you can imagine where it is going. now it is the republicans turned

to raise 430 delegates. a casino mogul in the lead. >> hi there, neil. going into tonight. a third of the popular vote so far and i was in new hampshire. it means he has about two thirds of the delegates so far. take a look at the scoreboard. this is how it stands with the delegates. trump is at 67. kasich and carson five, three. party delegates in play. that is the same exact amount as iowa. there will be a proportionate slip. picking up some sort of delegates or another. certainly likely to look a whole lot different this time to tomorrow. from then, there will be the sprint on to super tuesday.

you can break it up several ways here. let's start with texas, though. 155 delegates at stake. then there is the sec primary. that is the southern states. trump has spent time in many of those states along with cruz. then you also have alaska and colorado. it is certainly a mouthful. you added all up on super tuesday. you get to super delegates, roughly. it will not slow down after that. seven more states in play. march 15. could potentially be more important than anything else. florida is 99. ohio is 66 delegates. that is certainly looking down

the road. one of the questions going in, as it appears, donald trump keeping and maintaining. that is what a lot of people pay attention to. the winner take all states. i should stress, enable audit these proportionately reported states, like alabama, for example, you need a minimum of 20%. a situation much like south carolina. all of the state, 50 delegates. does not mean that someone cannot rack up the delegates. who knows that better? i was adding up through super tuesday and march 13.

we have nearly 1400 delegates at stake. even if donald trump got a third of those, proportional voting works. he could well be on his way. >> he could did usually it happens that the process begins with iowa and new hampshire and south carolina. trump is really in a similar situation to what reagan was then. one south carolina decisively. when on to win the nomination in general. >> i always cautioned people when it comes to wisdom. be careful. i think this notion, beware the winner take all states. they could also favor donald trump because of that south carolina conundrum. if you are able to win a

district, you get the delegates are the proportional delegates from before that district. >> that is right. the momentum factor always kicks in. once you have won a few primaries, it is easier to win more. voters want to be on the bandwagon of a winner. his narrative is resonating with republican voters. he has not been dislodged as being a person that can implement his ideas. discrediting or discrediting drum. that has not happened yet. >> a psychological blow that can come. second for the time being. amongst rubio not winning his state of florida. he, too, behind donald trump for the time being.

those of be huge psychological blows. >> you need to carry your own state in your primary. i cannot remember a situation where somebody did not win the nomination where they lost their state and then went on to win the nomination. that simply cannot happen. neil: thank you very much. there have been times in the past where surging candidates have been able to pick up quite a few victories. about 10 states after an iowa win. against jimmy carter in 1976. it has happened before. it brings in attorney general

ken. maybe for the same type of repetitive funding. what do you make of that? it is going to be tougher for your guy now. what do you make of that? >> well, of course, we will be through four. right now, ted cruz who i am supporting as one and two, donald trump 211, everyone else is to win three. the opportunity to give more focus to compare ted's conservative track record with donald trump's continued late shifting positions. that is a very favorable contrast when your candidate has a record, not only of consistent conservatism, but also taking on the establishment. neil: why did that not help in south carolina?

>> a stereotype that they all behave the same. they don't. they care about the economy. they get to an issue like you will see today. a holding place for terrorist. the president has the wrong policy on not. dealing with this every day. that strength and consistency, even when the party leaders do not like it, is something that contrast favorably both with donna trump and with marco rubio. that is a position that he needs to consolidate over time. as you noted, super tuesday is

not called super tuesday for no reason. >> does he have two win texas? >> we need to win texas to keep going forward with that kind of momentum that we build gathering of conservative support. then begin consolidating other states. he has invested a lot of time in the states. >> personal issues. especially under this. this whole fiasco with the communications director. this prompted a response from donald trump last night. >> this guy cruz lies more than any human being i have ever dealt with. he lies. this guy is sick. seeds of dow about your

candidate. >> he does that all the time. donald trump is a guy that throws mountains of crap along the wall to see what sticks. there is very little foundation. he has no background fighting planned parenthood peered quite the opposite. he has no background fighting illegal immigration. we believe that that conservative track record serves ted cruz. >> it is still early. so many delegates at stake. michael hayden is out. a look at our fight against terrorism.

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election. no dow that we will once the white house briefing starts. a national overview. i want to go with that greatest news. the republicans risking getting blowback for this decision. what do you think? >> i think there is no question that the republicans will get blowback for this. they will undoubtedly be characterized. hillary clinton or whoever the democratic nominee is will point to a case in point to republicans obstructing senate is this. on the other hand, i think mcconnell actions have been characterized as obama legislation and facing greatly with dislikes. i think it will really energy is -- energize. they will be really enthusiastic

about what the senate is doing. they want a republican president in office. to nominate their own supreme court nominee. what the senate is saying, it will not entertain a vote on that nominate. it would then bring you to a lame-duck president dealing with a lame duck congress that you could time with an egg timer. how likely would any action be done under a lame-duck president or would it be done at all? >> gap, i think it would become incredibly unlikely that the senate would entertain such a nominee. there would be a real pushback. i think the case mcconnell could make is if a democrat is elected, the senate could easily

entertained this nominee. arguably, something worse or something that the senate would have to will curing dumbest nominee anyway. joe biden, of course, the judiciary committee. it would be a waste of time to submit a supreme court nominee. until after the november elections there. just a find his actions. the vice president of the united states adjusting a position from 24 years ago. >> that's certainly held it so many statements can come out with republicans being hypocritical. it really became clear that whatever party is in power, yet

the republicans or democrats, they use their power to do what they want in these cases. i think that their power is justified in doing so. >> the president has the right to submit a nominee. paraphrasing as the right to act the way he did. >> he is right on constitutional grounds. whichever party tends to exercise it. >> say what you will. the president has 11 months to go. let's hold hearings. if you do not like the president's choice, if you reject that choice, this looks like it will not even play ball at all. >> i certainly think that there is an argument made for holding. over whether the president

should nominate anyone at all. what most americans are rolling their eyes at our been making principal. it holds the presidency. they do forever get whatever they can with the powers that they hold. >> you are absolutely right. good seeing you. >> wanting to guess the opinion. apple controversy. what apple should do or not do. coming down like a pile of ricks. right. you would be wrong. he is next. ♪

being that all right. stocks fighting away. you bet oil is sliding away. you would be all right.

it is another thing. all right. apple store rallies across the country today. those taking the company's position. they do not have to share anything with the united states government. elizabeth macdonald and connell mcshane on that. connell: this is not exactly their opinion. >> it is 55, supposedly. connell: you know. somebody who got the perfect score. >> sorry. connell: they did a story. 51% of the people on the government side. you are exactly right. they are apples crazy people. i remember covering that first iphone. people were obsessed with apple.

even if people are upset with what apple is doing or upset with what the government is doing, the company is really debating this issue. we still have not decided what we think as a country. getting in with general michael hayden. he has a book out. how far do you go to protect your people's privacy versus protecting your lives. >> that is it. that is exactly it. you just want to get into this one phone. congress is considering that. in terms of the threat to national security or crime. in other words, the fbi says that it is narrower. bill gates says that it is a narrower issue. do we still sell?

do you cell phone that you can break into? >> let's say they did not show the government how they did it. with the government be able to tell how they did it? >> the answer is no. connell: the answer is probably no. they want to try to delete passwords so it does not get shut down after 10 tries of trying to get into the phone. you get this precedent-setting motions. >> might think is i think there should be a way to balance both. >> trying to get to the san bernardino. attacking more people. apple was cooperating with the fbi. getting into the contents. somebody changing the password. that shut down.

neil: we do like apple side. joining us tomorrow. do not forget we also have michael hayden coming up. the retired nsa director. it really does get to the issue that crosses lines with a lot of folks. he is next. ♪

neil: it is one thing for a free speech. pope advocates for saying one more step on apple. it is quite another when it is general michael hayden. the head of the cia. the age of terror. i urge you to look at the cover of the book. an electronic version. i was not aware that the good general would be joining me in the flesh. again, he is coming under a lot of heat and raising eyebrows for his position on this. >> on apple, you did not take what would be the automatic assumed government position. explain. >> where i took the atypical position. had some members of my tribe e-mailing and tweeting me.

the thing that director call me had been to reading and asking about the last couple of months. i need to be able to get into any phone. a universal back door to products. my position on that is, no, i do not excel. you made an excellent point earlier. i argued on security grounds. i actually think that america is more secure with into and unbreakable encryption. it is harder to do in specific certainty. >> okay. all right. now the question becomes, neil, what we are talking about here really bad over here. universal access via the back doors. frankly as a former director of

the nsa, you have a bad door? i am coming through the back door. you have increased my odds. you have increased my odds of getting in there. >> isn't this a one and done thing? on this particular question, neil, just shading towards the bureau. this is a localized specific warranted nonrepeatable event. if it is not, if it is some sort of slippery slope that leads from here to there -- i agree. then it is up to tim cook at apple to actually demonstrate why if i did this i end up here. neil: is then tim cook playing to his space? sources around the country.

>> it does not talk about apple. talking about it being a field of instinet grays. all of these fields are tough. this is never the forces of light and the forces of darkness. it is always good people trying to look for good things. both are good virtues. safety and privacy. we are just pouring it out now over this one particular iphone. neil: morality play when i talked to marco rubio about this. life and death consequences. this was from a couple of days ago. marco rubio. >> we will have to confront this issue. it has become a real problem. at the same time, it is boring to know that apple is under court order, they will have to follow that court order. they are not above the law.

>> not asking apple to decrypt. they are asking them to suppress. what is the difference? >> a have not created a key that allows them to get through it. >> i just know that i had information that i wanted. >> that is the power. this specific case. >> let me switch gears. the president proposing ending al-assad bay. how do you feel about that? >> again, and other complicated issue. it is called shades of gray. i understand why the president wants to bring them here. he has made a political promise. i get that. we will see if congress allows them to keep it.

>> can he go do this for is negative order? strike it down later? >> i would really strongly prefer to do this with our crisis. i would rather do this with consensus. the president has made the argument that we need to do this. it is a recruiting magnet for isis. i do not think that it was ever very true. we are on a recruiting line out there. let me tell you what is not going to happen. no need for us to sign up here anywhere. >> overseas somewhere. >> those communities will be pretty nervous.

>> they have a right to be. i do not mean to be cavalier here. i am more concerned about legal ramifications here. what additional rights and privileges will these people accrue? because of the very fact of geographies? over here in the united states. how much more difficult would that make circumstances for the u.s.? beyond that, here's something that i want the president to say as part of this guilt. he believes that we are at war with al qaeda or he would not be up there killing people. you have to actually capture people and hold them. not for the criminal justice system, but hold them under the law of armed conflict. we have a right to do that. we have not done that in over

seven years. i want our government to fully and publicly embrace the fact that we have the right to hold them. whether or not we ever intend to do that. >> okay. neil: speaking of terror. you have been asked to talk about how much this president has been dealing with terror. you said, even though donald trump had really blasted everybody saying that he did not keep us safe, 9/11 happened under his watch and he heeded important warnings. there was no actual intelligence pre-9/11. what does that mean? >> we, the intelligence community. up at fort meade doing my nsa type of things. we had one item in the

president's daily brief. bin laden determined to attack america. that was a headline. neil: that was just another rumor that started after the fact. >> we knew that they were fooling around with airliners. neil: not using planes as weapons. >> we had so much data sitting in those databases. almost as likely that the attack could have been conducted i the tunnel tigers from sri lanka in san francisco bay with submarines. if that was your premise, i could find dots to connect. >> donald trump had to use this as a galvanizing message. i know you were backing jeb bush. he is out of the race now. could you accept donald trump as

the republican nominee? >> i believe in the american constitution. >> you would accept the nominee. >> i would accept anyone who wins the election. whoever controls the electoral college. >> i do not mean to be disrespectful, serve. do you have any loyalty or preference? >> this is about going forward. i will cast my vote as to who i think is best for the united states. you put some chum in the water. if mister trump intends to govern, consistently with some of the things he said during the campaign, i would be quite open. neil: really? he talked about building a wall. not taking very kindly to that.

>> may be. we will see. neil: and going slow. >> we will keep the adherents of one of the best out of our country until we think about it for a while. i think that that is not an unfair description of the plan of action. >> you think that it would cause more harm then good. they have been feared by extreme >> neil, it would cause more harm than good. hear me out. this is really important. part of that is the character of the societies in which we live. we are a welcoming so society. it is above the national

average. none of that is true in those european countries. why would you put that reality at risk by saying these kinds of things? that actually makes americans less safe. >> that is interesting. would marco rubio and his comments on this and other subjects, since so many bush loyalists have moved to him, that is sort of the backup acceptable figure. >> i have advised governor bush. >> how dangerous things are now versus post- 9/11. you have an interesting vantage point on the nsa. cia. more or less vulnerable to attacks. >> we are talking about terrorism. this is september 10, 2001.

we were in great danger. maybe even greater danger than we anticipated. over the next 10 years because of the actions of two presidents, we have made ourselves a great hill safer. if we were having this conversation in 2011, i would be feeling good about life and slapping a happy face on my graph. that line started to go back up. running into jihad two-point oh. that line has come back up on that graph. they are more safe then they are here. >> a bone wolf attack. >> it is across the board. >> he was saying, well, what we

have done is default on our leadership role in the middle east. now there is held back to pay. >> i would strongly agreed that that line goes over. in parts because of the american decision to go to the residual force in iraq. >> so, a huge mistake in your eyes. >> oh, yes. i actually think that it drew away victory that we had within our grasp. we had continued american energy to sustain. i am not saying 15,000 residual americans will defeat i says. what i am saying is they were the glue that kept iraq a society from turning against it self. with the americans there, they can agree on one thing. when the americans left, everybody went to their corner and lifted up their worst

expectations. >> playing on the edge. it is very impressive. the only thing wrong about him is it is a whole another thing that i do not have time for. we will have more after this. ♪ hundreds of crash simulations. thousands of hours of painstaking craftsmanship. and an infinite reserve of patience... ...to create a vehicle that looks, drives and thinks like nothing else on the road. the all-new glc. the suv the world has been waiting for. starting at $38,950.

neil: all right. let's just say that donald trump and ted cruz do not see eye to eye. not letting go. this latest dust off. ted cruz with high into the air. wind like a dog over and over. again. on and on we go. doctor freed up. whether these kinds of labels, if you think about it, donald trump was criticizing donald trump for being low energy and

all. >> talking about someone who has psychopathic tendencies. would you believe that somebody like that could make the best president. they are narcissistic. they are very full of themselves. donald trump uses the word use a lot. people feel protected by him. projecting a huge population. convert. >> off that image approach. a low energy guide. you have heard this before. does it in the mind of the voters. they put it away. it has suffered in the polls or

pushed it out of the race. >> absolutely. it is not politically correct. a huge population of the working poor. very disillusioned with the government today. they feel understood. he is their voice. he has this charisma. has this feeling that says, it you know what, i will protect you. i will speak up for you. we will make this country huge again. we will be up there. >> like any focus on that part and dispense with the needs to rip it apart, unless it is all part of the one-to punch. >> he loves attention. it does not really matter to him. as long as the name is out there, that is something that will get the celebrity.

look, he is replacing entertainment tonight. cannot wait to sit there and watch. get our popcorn ready and have some fun with this guy. we are talking about terrorism. we are talking about people coming and murdering our countries. i will protect you. i will also make it easy on you. i will not say something that is not going to be true. he loves this kind of entertainment. he has the biggest population of audiences. when he is on, everybody is watching. >> think you very, very much. good having you. narcissistic people. putting names on their shows. blame it on them. thoughts on negative territory for the month now. ♪ this weeks btv spotlight features parnell pharmaceuticals, parn on nasdaq.

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to help you keep rolling with confidence. go long™. ♪ neil: all right. home sales. prices moving up. still on depending on the perspective. it brings us to jeff flock out of home depot. people are big on getting things spruced up. >> it is my dream day. the thing to do but walk the aisles. a down day on wall street. sales. announced today, conference call up 7%. their forecast of between five

and 6% sales at home depot. why is that? take a look at the case shiller numbers. prices up according to case shiller in january. sales up according to the national association of realtors. where in the country, well, go west. the most price depreciation. places like portland up. checking detroit. it is not on the list, but it is up 7%. on the conference call today, i quote her now. the business continues to be good. pretty plainly put. just came outside in their. things are booming. i don't know.

i'm getting too old for it. neil: a+ a- screwdriver. could you come? >> i will come over and help you out. neil: it jeff flock. neil: stick around. we will be here from the white house. mitch mcconnell's plan. you can go ahead and submit the supreme court nominee. you see how the candidates respond it is their turn now. it will be a big win for him. thirty delegates at stake. this is the preview. something big.

you are watching fox business. after this. ♪

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>> go out and vote. just go out and vote. okay. i do not want to give you an excuse. neil: our live coverage of this event. 11:00 p.m. eastern time. peter barnes with a preview of the coming attraction. it is a little confusing. caucuses always are. a lot at stake. >> that is right. this one could be especially confusing. finishing up a rally here. supporters making sure they know exactly how this caucus works. he used the word it could be confusing. this is a relatively new caucus.

it started in 2008. some big goblins and reporting. it took two days to get the final reports. there were public and party has a new reporting system in place. getting the results out fast. there are still concerns about the caucuses going on smoothly tonight. participants, if you want to go, you must have registered. the deadline to register was 10 days ago. some folks may show up and find out they cannot vote. they did not keep a list of 2012 caucus goers. they had to start out from scratch building their support. also making the campaigns responsible for telling reporters were to go to caucus. 1700 precincts. a lot of these people voted for

that. number four, finally, changing the day of the caucus. it is today. everybody knows exactly where to go or what to do tonight. >> i cannot imagine the ground game. knowing all the rules that you specified. that could make a big difference. >> yes. communications and ground game has been very important. >> all right. we will see what happens. getting to the issue of donald trump having ground game. casinos in the las vegas area. mark hutchison. marco rubio. that issue is coming up, governor, about whether the candidates know what is involved in the caucuses in yours a.

>> we just finished a rally with senator rubio. we emphasized to our supporters knowing where to go to caucus. it is not the normal place where voters go to vote in normal elections. make sure they know to go to marco rubio.com. it will be important that they know where they are going. definitely. >> we will see how that resonates tonight. it is portioned out. is it possible that he wins tonight and picks up more delegates to go beyond the popular vote performance? south carolina, a third of the vote. how do you think it goes here? >> i think that the polls continue to show donald trump leading. i do not know how act if they

will be in the state of the better? we felt very good about our ground game. we have been at this for months and months and mounds. voting tonight. we feel good about our ground game. i think we have a very solid ground game. depending on who turns out will depend on who wins tonight. neil: ted cruz one caucus. that was i was. you have to start winning. you have to do better than second or third. you have to start winning. where will he win? >> i think that he will win. the delegate count is allocated. based on the percentage of the wind in the particular state. we feel confident that as this race narrows, as we get down to two or three candidates, down to

a three candidate race now, we feel that that will be very helpful for marco rubio. we will probably see a little different results going forward. >> other candidates, presumably john casey cortez -- ted cruz leaving less time for your candidate did i know what you are saying about every contest picking up delegates along the way. so does donald trump. him leading aid leaving eight out of 10 of the next poll states. he could build on that. prohibited sleep. >> you are right. there comes a time, and i believe we are getting closer and closer. who are they going to blow for to win in november? i think that that is what marco rubio, that is why he is so appealing to republican voters.

>> donald trump the nominee. you could live with that? >> we will support the nominee. we will make sure that we rally behind him. marco rubio is the one that will beat either of those candidates. the polls show that. the clinton campaign has demonstrated that. attacking marco rubio more than any other candidate. neil: thank you very much. it is confusing. thank you, sir. >> we will be all right. it is great to be with you. >> we told you a little bit earlier about the senate leader, the republican leader saying when it comes to signing out a replacement for anti-men as khalil, it will have to wait until after the elections. apparently, that decision is backed by all leaders of the senate committee.

the letter will go out shortly that shows support from every republican on the judiciary committee, including its chairman chuck ross late who has played a role in deciding the fate of 13 other supreme court justice names that have come before the panel. the notion is, they will have to hurry up and wait. the white house will have concerns. what do you think the fallout will be? >> a little bit uncomfortable. i think one of the things we should be taking away from the whole election season right now is there is tremendous anger towards washington. decisions that need to be made by the supreme court. sort of just not have someone

for the next nine months. it seems petty. why not put out some good names. why not get the ball rolling if we really care what people have to say in the rest of the country. >> that is my take. if you do not like the name or names the president is submitting, you are free to reject them. to just delay everything is 11 months ago. i do not know. joe biden. president bush senior. it would be a no go. i just think it makes it look equally spiked.

i think the difference is, we are trying policies as usual. we had people both on the right and left rebelling against this. it seems as though no one in washington really is listed here and conversation after conversation. i am uncomfortable with some of the things tapping on the campaign trail. >> typically it takes about dirty days for a name to come forth. another 30 or 40 days for the committee and senate to vote on it. that will not be the case here. the president will try to gain the upper hand. look, here is my name. he is sitting and stewing for

nine or 10 months. that is not right. what would be the fallout with that? >> this could be bad for both parties. the democrats are obstructing things. democrats and conservatives. the american people see it as too conservative on certain issues. they may be coming down that pipe with different cases. both parties have something to lose here. with that being said, there are plenty of qualifying candidates out there. with the idea that we will touch it doesn't make it any different. >> we will watch it very closely. thank you very, very much. you heard from the general nsa director. it could be more trouble than it is worth. many unintended consequences. now hear from a key log maker that agrees.

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>> i am more concerned about legal ramifications here. what additional rights and privileges will these people of crew because of the very fact of geography? they are over here in the united states. >> fearful that the president plans are is essential. as many as those detainees to the united states.

it appears to make a bad situation even worse. putting it mildly. your biggest concern, congressman, is the president does not have the authority to do this. challenging him later. >> thanks for the opportunity. coming from wonton amo bay to the homeland here in the united states. that was to the national act. those are the challenges that we have. the pass legislation about why he continues to close.

that is what he wants to do. it sounded to me that that is exactly what he said. >> moving forward as legislation. i put our nation at harm. the same individual that said isis was a jv team. we bring those folks here. does that open opportunity for terrorism to calm to this country? the same concerns that are as many others as well. this is a military phrase that holds military. we continue to deal with them in a military state.

>> just a fiat for the president's trip to cuba next month. if that were the case, in other words, introducing guantánamo with the muslim communities to make amends to cuba i guess. expressing interest in getting back. wonton amo bay itself. what other things are going there? >> we continue to keep it as a military base. i understand that maybe people want this piece of real estate act. this is the best place being necessary. i think it needs to stay. ninety-one of those are still there. they were all deemed too dangerous to release. we need to make sure that we keep them they are not someplace else in the united states. >> thank you very much.

i think to the congressman's point here, it does seem that the president has ran into a brick wall. more than half of them in u.s. courts. going there. then the battle ensues. they are dispersed everywhere. there is another battle shaping up. that is for justice school yup. the battle now is alive and well in getting very heated. who will replace them and how long before that person will be allowed to replace. mitch mcconnell just made it clear. everyone will have to take a chill pill. waiting until after the november election. you guessed it. not well.

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>> getting them off the phone of the san bernardino attacks. fifteen iphones in the last four months. we do not know what it was before. what it was about. apple had complied. they requested information. fifteen iphones over this. we will keep you posted if we find out anything more on this. capitol hill over the replacement of the supreme court justice. look at this. >> they have the right just as the senate has its constitutional right to provide or withhold consent. in this case, the senate will. the senate will appropriately

revisit the matter. the decision they have already started making today. >> are right. the gavel is down. gerri willis on how this affects things now. >> people going back and forth on this. flipping more than pancakes at the waffle house. both sides flip-flopping on the issue. should the president be able to say who you wants to replace. for example, 2008, the reality is that the senate has never stopped confirming judicial nominees. right now, saying the opposite. senator mark, back in 2007. even with the lame-duck residencies said an appearance confirming judicial nominees. especially judicial court nominees.

it is republicans flip-flopping. also democrats. check out the president. made back in 2006. having won the election should have cleared authority. people seem to be taking a point of view. i want you to hear this. joe biden back in 1992. >> president bush considered following the practice of the majority of his predecessors. not name a nominee. until after the november election is complete. >> and so there is biden saying the opposite of what he is saying today. the politician is determined by what you mean at the time. >> here we go.

thank you very much. the president has a right to nominate. congress has a right to reject. does that mean that the congress has the right to hold off on any hearing at all? >> no. it at least needs a hearing. all obama has every right to make his nomination. it is well within his constitutional rights to do that. it does not seem to me that it is an arbitrary deadline. we cannot hear a nominee just because of this timeline. >> both have played this. joe biden june 1992. really not a whole lot of time for the next election. anything like that would have to wait. then senator barack obama. is there a standard procedure

for this or are they all just sort of winging it depending on the circumstances and who is in power? >> they are definitely winging it. it does not matter what the president is here. they are just going out whatever is best for them. >> everyone would be saying exactly the opposite of what they are saying right now. it is all a political game. >> i do not know. i would imagine the president would go without the process of a replacement for justice scalia. >> i am betting that that will be more moderate. not what some fear. putting republicans on the spot. why are you holding off on this? >> is it more project inc. a

consensus nominee or reject inc. the process that would allow a vote on a consensus nominee? >> i think it depends on which voters you are trying to attract. clearly they will be more upset if they hear any kind of nominee whatsoever where it will be moderate. they will be upset if you reject a moderate nominee that has good accomplishments. the senator that is up for reelection in 2016. they will have to think about what we will do with this nominee. >> i wonder how much of an issue it really would be. they seem to be dominating the headlines right now. i do not think i've spoken to one average joe. >> right. i think that that is a good point. people are always worried about their well-being.

worried about who will raise their incomes. it is hard to connect that. how is that going to affect my vote? that is a step too far. >> thank you. i appreciate the insight. >> thank you. neil: we have been hearing all these protests. spreading way beyond apple. it is galvanizing. it has nothing to do with this. ♪ i appreciate you coming by. absolutely. the market's been pretty volatile lately. there is a lot at stake here, you know? look jim, we've been planning

for this for a long time. and we'll keep evolving things. so don't worry. knowing what's on your mind and acting accordingly. multiplied by 13,000 financial advisors. it's a big deal. and it's how edward jones makes sense of investing. then your eyes may see it, differently.ave allergies. 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. flonase changes everything.

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>> i'm shape shoop, you're watching "cavuto: coast to coast." a lot of concern over situation in california. involving privacy of up could be up to 10 million students in public school from roughly kindergarten through 12th grade in the california school system from 2008 to the present time. parents sued the california department of education in 2011, recording the -- regarding the inappropriate education offered to students who might be considered disabled or have learning disabilities. a judge has ruled that the cde, the california department of

education, has to turn over student records, student data which might include social skewed numbers, residences, addresses to, what is called a special master, a court appointed cybersecurity expert so that the winning parties in this california concerned parents can go through the data to find out what's happening with disabled students. now if you are a parent, here is something you can do, if you're a parent, you can go to california department of education website. use this form. we have picture. full screen for you. you can use this form to opt out of this. you can also scrub your child's social security number off of any school records. and for the record, no state, no public school, anywhere in the united states of america, can force you to give your child social security's number. you never have to do that to enroll them in school. neil, back to you. neil: that is interesting. adam, thanks very much, adam shapiro.

i was talking to former nsa director, michael hayden, who is in unpredictable, not what you would think decision defending apple in the privacy fight with the united states government. take a look at this. >> you can argue this on privacy grounds. i'm arguing on security grounds. i think america is more secure with end to end unbreakable encryption, admitting that will make fbi's time from time to time the nsa's job harder to do. neil: one thing i raised with general hayden and i want to raise with my friend, former verizon ceo denny strigle, are we making this a big to do, a big international privacy case that i don't think this is? my view, denny, it's a single phone with information that was used, collected and shared by the culprit behind the san bernardino attacks, end of freakin' story.

get into the phone. we're not invading anyone else's privacy. unlock the thing. download it. put it on a disk, whatever, be done. how did this morph into this? >> neil, the great debate here, security and privacy, and we want both and we want them entirely and that, it can't happen in this age today. now, my opinion is that cook has created a problem for himself. neil: tim cook of apple. >> there is no way he can easily, gracefully win one way or the other. neil: especially when it looks like he had done this sort of thing in the past. not that that was bad, just, not as if this is suddenly a new -- >> why take this position now? but i'm not sure. but, to my way of thinking, this could have easily been avoided by giving the government what they needed. it could have been done by a computer scientist in an apple lab, and by the way, the code locked away in a vault at apple. neil: one of the things i

bandied about, sure enough i saw in the press this morning, fear on the part of apple, if they did that, the government would see exactly how they did that, and then the big's up. in other words, the government knows how they open this thing up. >> you know what, neil, don't give them back the phone. you can download it on a thumb drive, all the material, all the information that is on that phone. what's the big deal? apparently it is only six weeks of information. and before that it was up loaded into the icloud. so, i don't understand why this is such a big deal. i, number one, i think it is relatively easy to do. number two i think they can protect that secret code from ever entering -- neil: i think so too. i have had people not nearly as technologically as savvy, even as me, say you walk it over to apple store, any one of those guys in blue shirts could have gotten to the bottom of this very quickly. having said that i'm being a little facetious but to make a

serious point, we made this something it wasn't meant to be. >> this has grown and spiraled way out of control for tim cook and for apple. it should never have gotten to this point. neil: now it is, has gotten to the nsa director, issue on encryption. he backs encryption. he said this isn't even an encryption issue. >> to be honest this is a legal issue. neil: now it is, yeah. >> any corporation, any citizen of this country must follow the laws -- neil: when you were running verizon wiresless, did you ever have such requests? >> oh, sure. neil: you handled them on case-by-case basis. >> you handled them on a case-by-case basis. neil: and did you get it that subpoena. >> only way you can do that is get court order. neil: you could seefy a court order and higher court would hear you. >> you can defy a court order. we all want to be good citizens of this country. the way to fight this is open

it, lock it, put it away. neil: yeah. you're right. you're right about that. all right. thank you, denny, very, very much. a lot of you say, neil, we want to get apple's position on this i say with everything, this is candidates, we reach out to all of them. some of them say yes. some of them say no. we got a response from apple. their lawyer ted olson will join us exclusively to explain apple's position and why it has become the big to-do it has. we'll see. oil goes lower, so that, that ride we were on, briefly interrupted or maybe more seriously interrupted? we'll follow it after this stuff. but when you're building a mercedes-benz, there really is no small stuff. every decision... every component... is an integral part of what makes the 2016 c-class one of our most sophisticated cars ever. because when you're setting a new benchmark for refinement,

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>> i'm connell mcshane. time for fox business brief. we're in selloff mode with the dow down 185 points. biggest laggards, some. financials are having a tough day. jpmorgan would be example. we'll talk about oil in a second. goldman sachs is also down. with these declines for the month of february we're pretty much flat for the month here on the 23rd of february. for the year the dow is still lower by give or take 5%. which tells you how much we were down early on in the year. give or take, we were back to the 187-point drop for the dow.

almost 5% for the in oil price. latest plunge blamed for comments out of iran when the iranians would not consider decrease in the output. calls the production limits laughable. more stocks back in a moment.

neil: jeb bush may have not acquired a lot of votes but when he stepped out of the race he

did have a lot of donors and a lot of big backers, many so-called mainstream backers at that high and mighty of the republican party past and present i should say, former senator norm coleman among them from the fine state of minnesota. he went from jeb bush to marco rubio. he joins us right now. senator, good to have you. >> great to be with you, neil, thank you. neil: why senator rubio, sir? >> because any vote against marco rubio is a vote for donald trump and that would be terrible thing for the republican party. ultimately for the country. trump is only guy with higher negatives than hillary clinton. marco rubio is one guy who can pull this party together. he has tea party element. ran with that originally. has folks that supported jeb bush. maybe establishment folks. there are not many of us left, neil. folks that care about america's security. he has got the plan to do that. he is bright, optimistic vision for the future. easy transition for me and many others to move from jeb to marco rubio. but again, not because the marco

is establishment candidate. because set one guy that can pull all elements of this party together. neil: so you hope. the fear might be, sir, donald trump will seize on that and all the dinosaurs of the party are backing rubio. i'm the renegade who they fear. you say what? >> and he will. listen, that message plays to a segment of the party. at this point -- neil: more than a segment of the party, right? his argument has been, senator he is reaching out to more than just republican base. he is bringing far more into that republican tent. what do you say? >> yeah, but, neil, donald likes to tout the polls. polls show he has 59% negatives more than hillary clinton. the polls show he doesn't have 50% of the republican party. 32, 35, 38, 40. so you have got folks really passionate about donald, i respect that, there is a lot of anger out there and donald is doing a good job reflecting that. to win you have to respond to more than anger. rubio has opportunity to pull

broad elements of this party together. neil: do you subscribe to the view that, that if donald trump were the nominee, he would have a tough time bringing party loyalists like yourself with him? would you back him in that event if he were your party's nominee? >> i don't expect him to be the nominee of the party. i will back the republican nominee. no question about that. neil: unlikely event in your eyes it is donald trump you will support him. >> absolutely. neil: okay. >> but the fear is, the fear he is one guy that can lose to hillary, can lose to hillary. ted cruz is playing to narrow base of the party. hasn't done a good job capturing that. trust element is not working well with things like photoshopping images or false stories about marco rubio and things he said about the bible. you have one guy that can win this race, three-person race, that is what it is. it is not about, if donald is nominee do you support him. we don't want to lose the election. the can't have four more years of obama-clinton agenda. that would be destructive for this country. neil: we'll see what happens.

senator, thank you very, very much. >> thank you. neil: i get emails, by the way, a lot, did you call ted cruz, did you call marco rubio, did you call donald trump, did you call ben carson? did you call hillary clinton, did you call bernie sanders? we call them each and every day, my friends, each and every day. if you think we're partial one or other, if you have cruz on, rubio people complain, if you have rubio on, cruz people complain, then trump people complain, which call them each and every day. if you think otherwise then you're wrong because, just chase them down. if i had them all on at same time, sometimes we come darn close, so be it. that is how we roll. selling is rolling. downhill right now, dow down to session lows, down almost 200 points. financials taking it on the chin. big ones storming back yesterday, they're not storming back today. we'll spell it all out after this.

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neil: ahead of the nevada caucuses or nevada caucuses, it is nevada. i apologize for that. we have robin leech. he is in las vegas on the caucuses tonight. one of the best reads of that town and maybe that state than anyone i know he is always a great fun to have. robin, good to have you, my friend. how are you doing? >> good to see you, neil. neil: we always pay attention to the caucus, cases of nevada, they're a little confusing even more so than iowa. and i guess nevada's case, folks have to have registered at least 10 days ago. you just can't walk in, right? >> correct, but it's also i think the confusion is, neil, to be honest is, this is all new here. i think this is like the second party, the second go round,

everything in las vegas is a party. the caucuses tonight. there will be drinking. they will be playing cards. they will be gambling but it is only the second time i think we've had a caucus. so they're still trying to find out how to spell the word and understand what it means. neil: yeah. for republicans, last go round, all the names they tried they have lost. so like starting from scratch from the campaigns to get them. how important is it it for them to have their ground game in order and have their people come out? for all the enthusiasm is there for donald trump, but his legions of fans might not know how this works because apparent it is very different than iowa? >> of course nevada is completely different than iowa which is a bellwether state when it comes to determining presidential nominees. it is all new here in las vegas. donald seems to be only one making a noise. last night at the south point horse arena he had become 10,000

enthusiastic fans. it was like a rock concert. neil: is that right? >> yeah. i mean this is unheard of here. i don't know many of the 10,000 he had last night will be at the caucuses this evening. you have a very long night ahead of you because they don't close until 11:00 p.m. east coast time. neil: thanks for reminding me that, robin, i appreciate that. >> you must stay up late tonight, neil. bring them the news. neil: that is interesting, robin, i always go back to your days, life-styles of the rich and famous, he wants to bring that back and embodiment of american dream, nothing wrong with resenting wealth and paying a lot of wealth in taxes. he says i pay the least amount of taxes i humanly can. he is not been punished at the polls from that, far from it. what do you make of that, embracing i guess the '80s again? >> and i think donald will be

very happy if the '80s came back. you know, he was a gatsby of his time although he wasn't as flamboyant, rocking and rolling and partying as jay gatsby was, but donald did always say there was nothing wrong in being wealthy and he used wealth as a way to encourage the message of wealth, to encourage everybody that, if you work hard, and you play hard, and you dedicated and diligent you can succeed. making money in that strata of trump land is like, keeping score in a ping-pong game. the first one to 21 billion wins. donald, donald is all for having fun at the same time as working hard. so, he would love to see the '80s come back. neil: yeah. you've been interviewed and talked to so many bigger than life characters, and i'm thinking whether we in the united states are hungering for

that ourselves. and whether donald trump -- >> yes. neil: is a representation of that? >> yes, absolutely. that is an astute point you're making and observing. look, last night at the horse arena phil ruffin was there. phil ruffin is a big friend of donald trump. he's a rival hotelier here in las vegas. he comes from very successful businesses in the midwest and kansas. and, you're going to see people like phil ruffin and t. boone pickens being nominated to the trump cabinet. it's going to happen. i think donald maybe the first candidate ever to announce his cabinet before the nomination at the convention. i'm serious. neil: no, i think you could be right on that. i would be remiss not knowing, knowing your heritage, what you make of this dust-up in britain over this exiting out of the euro?

prime minister cameron wants, wants that put to the the vote, and wants obviously to be part of it but the mayor of london is saying no, it is not worth it. how big of a divisive issue is this back home? >> it is a big issue. it has been a big issue ever since britain got into the, into the european common market. my prediction is that britain will vote to get out of it. neil: wow. >> it will exit. i think that the endorsement yesterday by boris johnson, the mayor of the city of london, was a big, big stampp of approval and -- neil: how about getting out? right. >> yeah, get out. he wants out. neil: wow, you know robin -- >> i don't think we need to be in the european common market. we're an island, not part of a continent. neil: you were never part of the currency, right? you were kind of in, you looked at the club from afar but

weren't in it fully, right? >> how could we take the queen away from our pound notes? please. that would being terrible. with some french man with cheese and wine. neil: i had a feeling, waiting for final robin leacm zinger. always a pleasure. ahead a lot of these trends long before donald trump emerged on the scene. robin leach in las vegas. we'll see what pans out hours from now. stick around.

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neil: watching a snapshot. running out again. "fast and furious." sort of judging the market move. oil prices which were going up yesterday. propelling the market now heading south today. a lot of issues as well. the financial stocks seem to be

taken particularly on the chin here. the housing slowdown. there i snapped it. to gerri willis. taking that into the next hour. >> republicans in nevada holding caucuses today. one week before super tuesday. i am gerri willis and four trish regan today. who takes nevada for the conservatives? i am asking gina loudon and marjorie clifton. what do you see for tonight? >> it will be a similar showdown. states passed new hampshire and iowa. trump still unanimously the lead. who will take the stage. it has been interesting to see the developments. the personnel and their staff. comments about