flash. that's all for now. see you tomorrow night with a live special "on the the uss work -- york town. good night from charleston, south carolina. ♪ ♪ hi, i'm eric bolling in for bill o'reilly. thanks for watching us tonight. we will get right to our top story. donald trump versus the pope. i thought i would never say those words together. after his visit to the mexican side of the border with the united states, pope francis took a thinly veiled shot at trump and trump shot back. >> iiu went a person who thinks ojt about building walls wherever they may be and not building bridges is not christian. >> if and when the vatican is attacked by isis, which as everyone knows is isis's ultimate trophy, i can promise you that the pope

would have only wished and prayed that donald trump would have been president. >> is he questioning my faith. i was very surprise to do see it but i am a christian. i'm proud of it. okay. for religious leader to question a person's faith is disgraceful. i'm proud to be a christian and as president i will not allow christianity to be consistently attacked and weakened unlike what is happening now with our current president. >> joining us now with reaction, fox news contributor father jonathan morris and from washington sandy, director of governmental affairs at the american family association. father right to you. the pope's global spiritual leader. >> he is a handful. i love him dearly. is he a handful go ahead your thoughts? >> first of all i think he is right. much of what donald trump says about his immigration policy is unchristian. and i 100 percent agree with that, with what the pope

is -- major point the pope is making. deporting people. 11 million. he is going to get rid of them. is he is going to build a wall it's simplistic and unrealistic and i would say unchristian i think the pope should clarify and perhaps even apologize. my questions is that he will with one phrase let me read it to make sure we get it clear. he said then what you told me to this reporter, what i would advise to vote or not i'm not going to tell youj= but he says if he says these things that you say this man is not christian. so he doesn't even know, he is taking this from the mexican authorities that donald trump -- he is basing it on whatever they told them. >> he said if he said that he is not christian. that was a mistake. i wish he would not have said that. >> father john is -- says maybe the pope could apologize or at least clarify. >> well, i side with donald trump on this. i think the pope is wrong. i guess it kind of boils

down to whether the doctrines of open borders are christians. i think the pope is preaching the doctrines of men and not the doctrines of god. because the bible quite clearly teaches that if you don't take care of your own first you are worse than infidel out of the new testament it says if you don't work you don't eat. certainly we are required to help the poor. that's an individual mandate it isn't that we rob a treasure of a nation and force people and take their money to feed the poor. >> don't is suggest that the pope has is add voyeur calgt for open borders. he has never said that we have to stick to what he says and what he does. >> donald trump is talking about building a wall and i think that's important. we have doors on our homes. the vatican has walls. we have walls for a purpose. there is nothing unbiblical about walls. >> what did the pope say? he says if you are only talking about walls#8and not about bridges that's unchristian. that is unchristian. >> that's a pithy saying,

but it's not scriptural. >> only talking about walls. >> i don't think that donald trump only talks about walls. >> he didn't say that he did. >> i think he has a big heart -- he is just talking about protecting the country that would be the commander an chief's main objective is to make this country safe. >> the pope has never said that the commander and chief should not protect the country. >> yes but if you don't build a wall it's not safe. >> the pope is talking about a bigger issue. that right now there is a hypocritical situation in the united states of america. we allow and this is for both parties. we allow a porous border, and then we give a tacet invitation, the government does for people to come across the border. why? what's the tacet invitation? if you get over here, you are going to get a job, you know what? you are not going to get a real wage. >> let me jump in here, father i think in the concern is that you said we allow for open borders a porous border, and what donald trump and frankly, a

lot of other republican candidates are saying put the border wall up. secure the border. but and and so anyone who believes securing a border could be considered unchristian-like. by the way. >> the pope did not say that anybody who believes in a wall is unchristian. what is saying is that they are only talking about walls and not building bridges that is unchristian. >> father, you are always so reasonable you are defending the unreasonable here. donald trump is talking ben forcing the laws that we have. i agree we are in lawless times. we have a president ignoring the wall, we have immigration, border patrol who are just beside themselves because they can't enforce the law. we must enforce our laws, we must build a fence. we have to protect our own citizens our own children need jobs. our own families need jobs. we have to help people as we can. >> to be clear, donald trump is not only saying we should enforce the laws, i think we should. he is saying something more. he is saying i will get rid of all 11 or 12 million

illegals that are in the country right now. >> that is the law though, father. i mean, when they come here illegally. >> did they break the law? yeah. but deciding i'm going to take 12 million and immediately deport them, that's a whole another level. >> he didn't say that. >> that's the way the law is written that if you are here illegally and you are caught, you are going to be deported. >> deport, literally who are here illegally. the law says if you are caught here, you go back. >> yes i agree with that. >> people who come across the border illegal are breaking the law. there is no excuse for that i don't care what woos them over here. they must know theyh are breaking the law. south american families no what family means they take care of their families well. they cannot begrudge us. >> our government has been saying we got this law but it's not really a law. >> north everybody is saying that. our president is saying that you know that that's how we have to get him out. >> right. but, unfortunately it's not just this president. >> all right. >> it's been happening for

decades. >> guys, clearly he heatly debate. thank you so much. when we come right back, the cruz and trump campaign firing each other with just two days about the primary. love drama? go on a first date. my passion is puppetry. here? i think we're done here. hate drama? go to cars.com research, price, find. only cars.com helps you get the right car without all the drama.

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is at 6%. with the stakes sky high, cruz is throwing everything he can to trump to try and derail him. >> life, marriage, religious liberty, the second amendment, we're just one supreme court justice away from losing them all. >> would president trump ban partial birth abortion? >>.& look, i'm very pro-choice. >> but you would not ban it? >> no. >> or ban partial birth abortion. >> no. i am pro-choice in every respect. >> we cannot trust donald trump with these serious decisions. >> trump responding to that add by sending a cease and desist order to the cruz campaign and threatening a lawsuit unless that ad is taken off the air. cruz's reaction, bring it on. >> you know, i have to say to mr. trump, you have been threatening frivolous lawsuits' for your entire adult life even in the

annals in frivolous lawsuits, this takes the cake. so donald, i would encourage you, if you want to file a lawsuit challenging this ad, claiming it as defamation, file the lawsuit. >> meanwhile during a town hall last night trump defnsded his lawsuit threat. >> i've had great success in business. i've have had great success with lawsuits. i have had great success this things i do. i don't know that we have a lawsuit. but we certainly want to keep somebody honest. when he makes statements like about as an example i'm pro-life and he said he is not pro-life. he can't say that. >> joining us now with reaction from houston rick tyler communications director for the cruz campaign and from dallas, katrina pearson spokesperson for the trump campaign. okay katrina, let me start with you. it's back and forth back and forth. the stakes are heating up, two days left is is it affecting donald trump and his campaign and his numbers? >> eric, i think you mentioned the latest fox news poll and those numbers say no.

most voters know mr. trump and they know that video the senator is using is from 17 years ago. mr. trump has been out on the stump talking about his evolution of policies over his lifetime. just like ronald rearg so no, i don't think this is effecting him at all it is have dishonest. >> rick, what about that? is it dishonest attack something from 17 years ago. what are you going for here? the ah-ha moment or do you really think donald trump is pro-choice? >> >> first of all ronald reagan gave his time for choosing speech 16 years before he ran for president. he truly did have a conversion. by the way the democratic party of ronald reagan is nothing like the radicalized democratic party of today. look, donald trump said on the stage, in the last debate that he said planned parenthood does do wonderful things. now, nobody who is pro-life would ever say that because they would stangsd that planned parenthood is a number one abortion provider in the united states it's

more than that crump throughout his career has con sis consistently given money to proabortion candidates as recently as 2014. pro-life people don't do that there is a preponderance of the evidence that donald trump's views are consistent with somebody who is proabortion and not pro-life so i stand -- we stand behind the ad, he can sue all he wants to. he hasn't. he is really just a bully and he -- when you stand up to him he backs down)é)t he wants to bring a lawsuit bring on. >> a plan to bring a lawsuit or calling attention to the fact that donald trump thinks ted cruz is lying about him? i think both. these type of smears keeps good people from running for office. you have marco rubio pointing out the falsehoods that the cruz campaign is talking about him. but, rick didn't answer the question. do you think donald trump is pro-choice today? and the reason he didn't answer is because the answer is no donald trump has

talked about the money he has given in the past and business man he has given to both sides. mr. trump has been pro-life for a very long time. these attack ads are awful. here's the thing. if you have to scare people into voting for you there's a bigger problem. >> lick, katrina makes a very good point. as a business person, if he gave money to, let's say hillary clinton, does that mean he adescribes to everything hillary clinton stands for or believes in? >> when you give known a proabortion candidate. it means you want that candidate to get elected. >> >> i'm not sure of that at all i will let katrina jump in here but i bet there are lawmakers. >> answer the question. you asked me a question, eric. >> i'm guessing there are some people in new york city that donald trump made donations to to help facilitate some of the buildings he has built here. i would guess katrina am i wrong. >> exactly. >> might not have the same political views or abortion views as many of them?

>> no, eric. let me give you a perfect example. two points on this donald!÷@ trump also gave to senator ted cruz. does that mean you think he is now a constitutional conservative? that's a good q]6mq%=9ñ >> no he definite live is not. >> let me tell you the second thing eric. senator cruz was in manhattan, the audio is out on plited co-with his new york values donors. he was asked simple questions about gay marriage. he told those donors gay marriage was not going to be a priority for him. >> very interesting point katrina. >> that's not true. >> please respond. >> that's not true. >> gave money to ted cruz. >> it's very true. >> meaning is he a constitutional conservative. >> so when what he is and what he has run his whole campaign on which is a great theory because marco rubio actually doesn't have one. his theory is he is a dealmaker. he thinks he can make deals. how you deal. people are sick of. i read donald trump's only book i read that had four chapter 11s. he whole prim miss to go

prim miss go to washington and make deals. no plans for reform because he doesn't talk about it all he talks about is polls and process and calling people names and insulting people and telling people they are0ipms liars and threatening lawsuits. none of this stuff is very presidential and doesn't give people a vision or hope for what the future might look like. it is just donald trump being a reality star can respond. >> he didn't answer your question. i will say this as well ronald reagan made deals. what we have today are not deals. we have republicans going to the. >> >> he made deals and ted cruz campaigned in 2012 being like ronald reagan getting a loaf of bread. donald trump can make deals. that's what he does do. he will make deals in the favor of the american people and not against. >> go ahead rick. respond. by the way you said --

desdisparage ronald reagan. i'm not sure he did. did he? do you think he did? >> no, i just said that katrina just did because she is calling ronald reagan a dealmaker. i think ronald reagan was a great president who kept us free and prosperous and safe. so he wasn't what he did was make a deal with the american people and he said this is the division i would like. >> that's a deal. >> get congress to do it i will get it done. it's how the function.l go to the people, win the argument and then the people go to the congress and they say do this or we will get rid of you. that's how they got a balanced budget in 1995 and welfare reform. this current current leadership doesn't make deals. >> if donald trump doesn't sue ted cruz will ted cruz sue him back? you can counter sue. >> i hope donald trump does sue ted cruz and he will give the deposition so under oath he have talk about his pro-life position that will be interesting. >> will he sue donald trump back. >> we are not in the lawsuit business. we are in a presidential

campaign. donald trump wants to sue because he doesn't want people to know who he he is or what he says. he's cease and desist the ad because he does not want people to know what he said and what he did. we think the voters of south carolina and everywhere else should know what donald trump has said. >> thank you very much. always a heated debate. next on the rundown the immigration fight takes another turn with ted cruz unleashing a brutal attack ad against marco rubio. but, is it snuff to sway voters in south carolina? that's upcoming.

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it's not just security. it's defense. bae systems. . and in the impact segment tonight, the ugly bra over immigration ted cruz and marco rubio. the cruz campaign releasing a vicious new attack ad comparing rubio to probably the last guy he want to get

compared to on that issue. >> we know we have to deal with the 11 million people that are here illegally. >> we have to deal with the is 1 million individuals who are here illegally. >> the bill that senator rubio put forth i think is a great place to start. >> you are giving legal status to people who have broken the law. >> they still have to qualify for it, meaning. >> passing a background check. >> passed a background check. >> paying a penalty. >> pay a fine. >> paying taxes? >> start paying taxes. >> it won't be a quick process. >> that is a long path. >> but it will be a fair process. >> but i do think it's fair. >> senator rubio is hitting back at senator cruz's credibility. >> i have been say for a while now that ted unfortunately has proven that he is willing to say or do anything to get elected. what we have seen in the last with it weez( is very disturbing. i can't say up until that point i have paid much attention to it perhaps he has done it before. in this haze happens been apparent especially over the last month. >> joining me to analyze my fellow co-host of the five. ted cruzh-9÷ is picking fights

on a lot of fronts. you remember the board game risk jrges i'm terrible at that game. >> i'm wondering he is fighting with trump now he wants to pick a fight with rubio. >> because he does need to fight. if he is fighting for second place, then, of course, you have to punch up and punch down. on this one on the immigration ad, i think for some voters in south carolina, this might be persuasive. but, if you look at what happened in iowa and new hampshire, the immigration issue itself ranks about 5th as the most important issue for voters. and that is true in south carolina as well. number one issue keeping terrorist attacks from happening in the country go down the line, the fourth one being government spending and debt and then you get to immigration. plus this issue about rubio being just like obama that's something that jeb bush's campaign hit rubio on over and over again on iowa uneffective and not effective i should say in iowa itself. could it help in south carolina maybe? >> we just showed a picture of an ad that the cruz campaign put out with marco

rubio shaking president obama's hand now. the rubio campaign said that that ad was actually a photo shopped picture. in south carolina, the stakes are really really high. so you have a lot of different campaign tactics. i actually don't think at this point that that is going to be persuasive either way. i think a lot of it is noise. to the extent that there are. >> because it's immigration? >> not just the topic but because i think people are starting to lock. in they have made their decision. not based on whether or not they think somebody is going to do this particular thing on immi but it's more at large. presidential elections are usually about credibility and trustworthiness. that's the number one issue for most people. that's how they make. >> cruz has been hit on the trustworthiness. whether donald trump called him a liar. recent fox poll a couple hours ago. shows that cruz is actually down a little bit and rubio picking up a few percentage points. that bodes well for marco

he. >> similar trajectory. marco rubio came in third in iowa. it surprised everybody. he had a terrible debate. in new hampshire. and he paid the price for that. one of the things that voters like to look at on the democrat or the republican side is can you take a punch and come back? and if you can have a come back story that can sometimes work in your favor there. there is still some ground to make up if these polls are accurate. turnout is going to be very important. right now the cruz and rubio campaign are saying they have the best ground game and we'll have to wait until saturday night. >> they are within the margin of error the two of them. very close. >> depends on their polls. >> as you pointed out yesterday on the five, south carolina they break late. a lot of people. >> a lot of people, you and i pay attention to this all day every day. a lot of people if you are a voter in south carolina, you attention. last week as it heats up. it's all arranged you start maybe making a decision, tuesday, wednesday thursday night, saturday you go and a vote. >> and there was -- the "wall street journal" poll yesterday, nbc wowrm poll yesterday had cruz in first

place. that seems to be an outlier? >> it might be an outlier or might show some sort of momentum shift there nationally though, i mean -- i'm sorry trump obviously does extremely well. they are hoping to -- these two cruz and rubio are trying to make a move. i think that for carson, bush, and kasich, they have to have a really good showing on saturday to continue. it doesn't look like right now if you look at the polls that that's going to be possible for them. >> dana, i will see you tomorrow on the five. >> thank you. >> up next, brand new fox news poll out on the republican presidential race. is donald trump unstoppable. moments away. don't let a cracked windshield ruin your plans. trust safelite. with safelite's exclusive "on my way text" you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) ♪safelite repair, safelite replace.♪

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everything. in the personal story segment tonight, a new fox news poll has plenty of good news for donald trump. among republican voters nationally, trump comes in at 36% cruz is in second at 19%. rubio 15%. dr. ben carson and jeb bush each have 9% and john kasich has 8%. trump maintaining a commanding lead in the republican south carolina primary just two days away. some think the writing is on the wall about who will drop out next this is pretty much going to be the end of jeb bush campaign in south carolina after investing everything he has been invested to be confronted with this unstoppable machine that the is trumpú& campaign. it's rit literally unstoppable. >> joining us now to los

angeles. presidential campaign and with us in the studio former mccain advisor epstein. >> enepstein like einstein. >> cruz 19, rubio 15. that's the national poll very similar to the south carolina poll. >> tracks that almost to a t. trump is in the 30's. is he is up by 17% right about there. plus or minus. is he doing great there in south carolina, doing great in nevada. polling march 1st primaries. one one run away train. >> >> unstoppable machine as barnacle suggests? >> unstoppable. unless something happens in south carolina. right now unstoppable machine all the way to the finish line. >> even calling out the pope may not be enough to stop the unstoppable train again boris' assessment here, your thoughts? i think that's a little

optimism. the thing that strikes me about polling data is it's consistent. i'm surprised it didn't change more until after the debates, they were really so crazy. the truth of the matter is if you look at these numbers, donald trump is still not breaking 40%. >> you are doing it too. all week charmaine all week i have been talking to people who say he only gets 35% or 38%. again that's 200 percent from his -- higher than nearest competitor. that's a 50% higher than jeb bush. >> no, eric, you know how this works though. think about this. we had iowa, we had new hampshire, now we have south carolina which are one off contests. we have coming up in front of us the big one super tuesday march 1st. we will know so much more about this race at midnight after that race is called. when right now donald trump has been going along as a political novice, being able to do one thing at a time. >> charmaine who is going to it derail donald trump then? i'm pretty sure in the0ñ last 40 years or so they there

hasn't been a g.o.p. nominee who didn't win nanch or iowa and the only one left would be ted cruz. are you calling for a ted cruz g.o.p. nominee? >> you know this is so interesting. the fact that you can look at these things and say this has never happened before. this has how it's always happened in the past. i love that kind of stuff. let's be honest. this race is so much different than anything we have seen before. the but the truth of the matter. >> make a very good point. >> political reality is still comes down to the fact that one man one vote. people have to get out there and vote. and in the past week, let's talk about the past. in the past week always said three tickets out of iowa. i'm going to argue to you there is three tickets out of south carolina which is different than before. we still7,b2w need to see. >> hold on, let me bring boris back in here. three tickets perhaps. if donald trump takes 35% of the vote, it's a tough road to the other two. >> it doesn't matter how many tickets there are. history. history really matters that's how we judge

elections. if you look where trump is now. if he is going to win south carolina and nevada. if he doesn't win it will be a fall of unprecedented proportions. it's not going to happen. people keep saying next one is the big one. new hampshire is the big one. he won huge. >> taking on the pope doesn't risk the whole unstoppable bandwagon. >> it's more the pope took him on, maybe not the other way. maybe he has responded but that matters much less. you see and charmaine mentioned this he has done something in debates no one has ever done. taken on other candidates and taken on the crowd it has not hurt him but helped him in the polls. that's why he is such a strong nominee. we care about electability in the party. only nominee that is going to appeal to blue collar democrats in ohio, pennsylvania and michigan. that's the key to the election. >> a lot of these polls charmaine, we poll republicans or democrats on the democrat side trump campaign says there is going to be a lot of democrats voting. i'm not sure that works with the g.o.p. but that maybe the case, right? >> well, i think the polling

data, when you look at our candidates over against hillary and bernie are it's still really early in a campaign it to start looking at those kind of things. i think you see strength across the board in thedt republican slate. you know, there is still so much time to go. i think just saying that it's@settling in right now once you start to see the polling data isolated when there it are fewer candidates, things look very, very different. that's what donald trump is going to come up against. >> i know. but you have got to think about this. after that look, i'm not on -- i'm not doing this for any other reason other than pointing out the numbers. is he is crushing it it in florida. he is doing very well in alabama in the south. boy i boris. if they're going to derail him, they better do rail in south carolina right away. charmaine boris, thank you very much. coming up, hillary clinton donors not happy as her lead in nevada slipping away. he had henry with the inside story in a minutement -- in a minute.

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or your advisor ...to see how we can help make the most of your retirement savings. t. rowe price. invest with confidence. love drama? go on a first date. my passion is puppetry. here? i think we're done here. hate drama? go to cars.com research, price, find. only cars.com helps you get the right car without all the drama. thanks for staying with us, i'm eric bolling in for bill o'reilly. and in the unresolved problem segment tonight is hillary clinton snatching defeat from the jaws of victory? her frontrunner status seems to be desolving by the day and reports are that mrs. clinton's top donors

are getting antsy. >> well, with reports that clinton's top donors have now complained to her campaign about its grass roots efforts, hillary clinton and bernie sanders are indeed facing off here in nevada. a state she needs to win after her bruise go ahead defeat to sanders in new hampshire. >> so what's really going on inside the clinton campaign? well, let's find out from the guy who is inside the clinton campaign. is he traveling with hillary clinton had. he had henry from las vegas. he had, "yes" or "no," head about to explode? >> it's getting closer. i do think there is real nervousness from the advisors that i talked to. it's not a full freakout mode or anything like that. while i'm sure critics would like to see that but i have to tell you if she loses nevada and then south carolina doesn't go as well as expected, as we have seen in some of these earlier states. >> they will be in full freakout mode. here is the bottom line. there is a pattern here. she had a double digit lead in iowa. then it became a virtual tie. a double digit lead in new

hampshire that became a man moth defeat where bernie sanders beat her by double digits. a month ago in nevada there was a double digit lead again for hillary clinton it's now a dead heat. she is up by 1 point according to cnn poll. are they getting nervous? yes. >> they are getting nervous he had, between us, you know the super delegate situation. all the things you said are true. yet, she is walloping him in the can gas because the super delegate which they don't do on the g.o.p. side which they do in the dems. even if she does fall, in say, nevada or doesn't do as well as expected in south carolina she is still doing pretty well though. she is still doing well. what i would point out though is losingñ4% nevada woulding be about more momentum going to bernie sanders number one. number two super delegates are important. they are basically party bosses officials, members of congress who have their own vote. so she can have had her numbers. in the long run, it's only about 10% 15% of the total

you need to win. so yes, super delegates can help her. you are right. it's not going to put her over the top. the final point i make is in terms of momentum. we keep hearing about a clinton firewall. two nights in historically black college bernie sanders had a thousand people. i have been all around the country. >> fire wall, as you point out being the african-american vote starting in south carolina and moving south. >> exactly. >> i'm scratching my head why the sanders campaign doesn't start hitting her on number one thei t(r)ness much the super delegate situation number one and number two goldman sachs transcript i would be hounding them for the transcripts of everything she ever said at goldman sachs speech. she has them. they are hiding somewhere. if she really wants to transparent. get them out there. >> yeah. you know, you are certainly right that this is an issue for hillary clinton. she talk as good game about wall street reform and then got paid all this big money goldman sachs and other wall street firms to give big

speeches and she won't release the transcripts. you are right. it's an issue that has come up in some of the debates in the forums. there is another one that will issue that is in there with the emails and the can with the clinton foundation. the bottom line is when i talk to senior people in the sanders camp. you have eric bolling talking about. influential people around the country talking about it. if bernie sanders does. then it becomes more political and it doesn't allow him to focus on the economy where he is beating hillary. >> fire wall, african-american fire wall seems to be coming down at least to a certain extent. take a listening, he had listen to killer mike on bernie sanders' behalf. >> i talked to jane a few weeks ago and jane said michael, a uterus doesn't qualify you to be the president of the united states. you have to be -- you have to have policy that's reflective of social justice. paying women a fair wage is social justice. making sure that minorities have jobs is social justice.

ending [bleep] drug war is social justice. >> now some harsho> as always, great stuff. directly aheads the escalating battle between apple anddveç federal government over hacking the iphone used by one of the san bernardino terrorists. we will have the very latest.

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in the factor followup segment, the clash between apple and the federal government intensifies. apple's refusal to comply with a court order demanding it help the fbi access the iphone used by one of the san bernardino terrorists is sparking furious backlash. >> the grandstanding that apple is doing is deplorable. this isn't as if the fbi stumbles upon the address book of a killer who could be a serial killer. it's got a lock on it. apple has the key and says we're not going to give it to you. it is preposterous. >> joining us to analyze,

lieutenant colonel ralph peter. let me guess, you think apple should build that back door in through the encryption. >> i think apple should obey the law. apple takes advantage of u.s. laws. if it's a question of copyright infringement they want the law on their sides. they use our tax codes to park profits offshores. they want all the advantages of being an american. but then when a federal magistrate issues a court order, for apple to help the fbi unlock one cell phone that is used by a terrorist who killed a dozen americans, apple says oh no we're too pure. we're too noble. >> it could cost apple billions of dollars to unlock just the one cell phone. they have to build that software and once they've done that

they've ruined their encryption. so now they have to redevelop encryption to sell their product. >> first of all, i suspect apple already knows how to do it. they say they don't. but apple should worry less about the dangers posed by having a back door to encryption and worry a lot more about the dangers posed by putting unbreakable encryption capabilities in the hands of terrorists and criminals and child molesters. and what tim cook is doing with this grandstanding saying we have a right to privacy. no first of all, our constitution bill of rights there's nowhere in there that it says that criminals and terrorists have a right to privacy in their communications. it's not this there. secondly -- just give me a moment on this one. the other thing is tim cook is basically up on a soap box and advertising, he's telling thugs and terrorists and criminals and

rapists around the world that hey, buy an iphone, apple's got your back. >> you know colonel i bought an iphone. a lot of the reason i purchased it is because it has the strongest security. i don't want people hacking into my phone. and now aren't you worried about bad guys get thing software and then they basically have access to a lot of our financial and medical data? >> well it may be good that this issue has come up because we node to look at encryption and what people should and shouldn't be allowed to have. i think when a company like apple does a hillary clinton and puts itself above the law, it's time to think about licensing unbreakable encryption. there are some people like defense contractors doing rnd, certain businesses that can justify having unbreakable encryptions. but for the most part we don't need it. there should be a way for the

fbi, with a court order, to get into criminal and terrorist communications. >> i want to solve all these crimes as well. there are a ton of apps and applications that are encrypted. there's probably 20 or 30 different apps that you can't break their firewall either. are we supposed to have all of them opening up their encryption as well? >> i think that's a false dichotomy. you're arguing it's either all or nothing. >> but it is all or nothing, is it not? if apple has to do it, why not the others? >> if there were a court case and a judge issued an order, telling them to cooperate, they should. we're a nation of laws. those laws are designed to protect law abiding citizens, not terrorists. >> thank you so much for joining us. >> that's a no-brainer eric. >> if you want to see miller and o'reilly on tour there are two shows, los angeles at the microsoft theater march 12 and

fairfax, virginia at the eagle bank arena may 7. tickets are going fast so book a show asap. be sure to check out the website. up next priorities priorities. president obama announces he's going to cuba next month. yet he'll skip justice scalia's funeral this weekend. what is behind those controversial decisions? stay tuned. what makes thermacare different? two words: it heals. how? with heat. unlike creams and rubs that mask the pain, thermacare has patented heat cells that penetrate deep to increase circulation and accelerate healing. let's review:

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in the back of the book segment tonight, president obama's priorities. today, president obama announced that he will visit cuba next month, the first u.s. president to do so in nearly nine decades. but the white house has also announced that president obama will skip the funeral of justice

antonin scalia this saturday sending joe biden instead. so what is really driving these controversial decisions? joining us now from tampa with some thoughts on that gop communication strategist adam goodman, and with us in studio democratic consultant scott levinson. adam president obama is going to make time for cuba but not a man, justice scalia who served the country honorably for 30 years. >> unbelievable. basically, you show up. you show up for people you care about and things you care about and the choice the president is making is making it clear where he stands. justice scalia was an icon an intellectual icon on that court that made a tremendous difference in holding the line on separation of powers originalism, a bunch of other things. some of the justices looked to him for inspiration and credibility. and yet what we're hearing today is that the president is choosing -- apparently it's not good enough to show up for the funeral but it is okay to go to an oppressive regime -- >> hang in there.

how are you going to defend president obama saying he doesn't have time to go to the funeral funeral? >> the president has shown honor to this country by taking a chief justice who he has disagreed with but treated with honor. the truth of the matter is to judge how other people mourn is a bit shameful. >> so this is how president obama is choosing to mourn justice scalia? >> he's showing respect to go friday night when the chief justice is lying in repose in the supreme court. the chief justice's own clerk said that's an appropriate of sympathy to the family and he's sending the vice president. >> this is a justice of the supreme court, not the chief aide. adam adam if this were a liberal justice who had passed

would the president show up at the funeral? >> you would think so. right now, we have declining confidence in a lot of things including the supreme court. we need to bucket up and show the kind of respect from the president on down that these justices deserve. >> i absolutely agree. that's why the president showed honor by showing respect to the chief justice's commitment through his tenure. he's done that time and time again. to turn this into partisan sniping is why a guy like donald trump is gaining in the polls. [ overlapping speakers ] >> what is the president so busy with on saturday that he can't show up to the funeral? >> the truth is for someone to judge the president's obligations when he has this country to manage he's going on friday night, it's totally appropriate to go on friday night -- >> i have to leave it there. please remember the spin stops here because we're looking out

for you. breaking tonight. campaign trail chaos in south carolina where the race for the white house is white hot and getting truly bizarre. good evening and welcome to "the kelly file." i'm megyn kelly. today, we went from candidates barking like dogs to photo shopped pictures of president obama and a fight with the pope. we began the week thusly. >> i'm trying to figure out how to do that with the republicans. oh the great recession was caused by too much regulation. [ barking like dog ] you know if >> but that was just the start. ted cruz ran an ad pointing out that donald trump was once very pro choice