when's the last time you got a great hug? she got a hug when her son came home from serving in afghanistan. a little guy loves giving out hugs, especially to grandma. have a great weekend. here is greg. looks like donald trump and the pope are making peace now. the vatican backing away from criticism of the billionaire presidential candidate after pope francis questioned the christianity of anybody that wants to build a wall. donald trump offering an olive branch of his own. a judge hearing arguments whether ted cruz is eligible to be president. despite donald trump's thought of a lawsuit, this one comes from a ben carson supporter. we will take a look at the tightening polls in south carolina ahead of tomorrow's republican primary. and take you to nevada where democrats are set to begin

hitting caucus sights as a new poll shows bernie sanders leading hillary clinton. all coming up this hour of shepard smith reporting. hello, everyone, gregg jarrett in for shep. we begin at the supreme court, we are waiting for president obama to arrive to pay his respects to antonin scalia. the body of the u.s. supreme court justice lying in repose after he died in his sleep last weekend. scalia's hearse pulling up in front of the court, members of the elite service serving as paul bearers, there they are, up the steps to the building in which he served for 30 years. >> eternal rest grant unto him, o lord. may he rest in peace. >> the remaining supreme court justices attending a private

service inside the court's great hall. they were scheduled to meet in conference today for the first time since scalia's death. we are expected to hear the first arguments without antonin scalia monday. people have been lining up to say good-bye, walking past the casket that rests on the same platform the funeral that held abraham lincoln's coffin in 1865. we are told that will continue for the next five hours. scalia's funeral mass is scheduled for tomorrow. shannon bream is live outside the supreme court. shannon, tell us what it has been like today. >> greg, there has been a steady line wrapped around the block of people waiting patiently, thousands of them by our count to get a moment to walk in the great hall of the supreme court, walk by, see the casket of justice scalia, pay their respects. also a famous portrait on

display from 2007, all eyes are focused on him, his colleagues were part of the ceremony in a striking scene when dozens of his former clerks lined the stairs to serve as honorary paul bearers to welcome him. several clerks went on to positions of their own, including paul clement. i talked about the justice's legacy and what it was like to work for him. he talked about strong writing skills, his fiery defense, they're famous. clement says they're dissents will stand the test of time, law students will be reading them for decades to come. scalia will be proven right in some cases that he was on the losing end. >> shannon, simultaneously it appears as though the nomination

process to replace scalia is moving forward? >> it is. white house made it clear that the president is starting to work on the list of potential nominees, that he intends to move forward with the nominee. he reached out to senators, republicans and democrats to talk about moving forward. there's been a lot of conversation whether a hearing will be held, much less getting to a vote. some in the gop say there will be no action by the senate. others say it is possible there will be hearings, giving this nominee a potential vetting. interestingly enough today as i walked out of the court about an hour ago, saw three names on the top of the list, judges at the d.c. circuit. judge patricia millett, and merit garland, among that list of names we pull through. all of them coming to pay respects to justice scalia as we gear up on capitol hill where the next fight will be. the justices get back to work

hearing cases monday and will get back to what they do best. the key justice likes to keep things moving, keep regular order. that will happen as it will be anything but across the street at the executive and legislative branches go head to head over scalia's replacement. >> a lot of important cases, public employee union case, immigration case, contraception case. the list goes on and on. some of those cases could be 4-4 in the absence of antonin scalia. shannon bream at the supreme court, thank you. the vatican is back pedaling today in the political showdown between pope francis and donald trump. a spokesman for the catholic church saying the pope was not personally attacking donald trump by suggesting the billionaire may not be a christian because he supports a wall on mexico's border. the spokesman saying that the pope was not telling anybody how to vote. trump yesterday called the pope's comments disgraceful, but

later said he thought the comments were much softer than what the media reported and he does not think he is having a fight with the catholic leader. polls show 10% identify as catholic in south carolina. the state holds the gop primary tomorrow. a new poll shows the race may be tightening. look at this. the survey from nbc news, "the wall street journal," and marist college has donald trump leading ted cruz by just five percentage points. that same survey last month showed trump ahead by 16 points. for the latest poll, marco rubio and jeb bush are in a statistical tie for third place. that survey may be an outlier, other polls show trump ahead by double digits in south carolina, including the fox news poll this week that has trump leading cruz by 13 points.

carl cameron is live in chapin, south carolina. carl? >> reporter: hi, gregg. you sort of led the expectations out there for donald trump. the double digit lead he had until the recent and final poll before the south carolina vote showed that donald trump was winning by double digits. for him to get closed in on by the competition, and perhaps not win here by double digits could be seen as failure to meet expectations. he had a pretty rough week. there was a spat or perhaps overhyped spat with the pope. there was donald trump's assertion that the bush administration, jeb bush's brother george w. bush's administration had lied about weapons of mass destruction in iraq, and other things, not the least of which trump has been saying the entirety of his candidacy, he was against the iraq war very early on, never supported it. now comes audio of an old howard stern radio interview in which trump said something quite

different. he was asked about it. he said i guess i do support going into iraq, that was back in 2002. today he tried to straighten out the obvious contradiction. >> i said don't go to iraq and i said it strongly and i said it loud, by the way. they like to say oh, well maybe he didn't say it. i was with howard stern, who happens to be a good guy, by the way, i was with howard stern before the war, before, many months before. first guy asked me about iraq, i said i don't know, i guess. then i started looking at it, before the war started, i was against that war. >> reporter: well, mr. trump is being hammered on foreign policy by ted cruz who is in second place, within the margin of error, suggesting cruz could pull off a win in south carolina, which would be hard for donald trump to swallow. mr. cruz makes the argument when it comes to basic u.s. policy overseas, trump clearly doesn't get it. watch. >> let me tell you now, it is

easy to say let's make america great again. you can even print that on a baseball cap. but the question to ask is do you understand what made america great in the first place? >> reporter: cruz is taking on trump for saying he would be neutral in the palestinian conflict, and cruz made the point he will be undecidedly, unabashedly on the side of israel where trump left that door open. >> carl, thanks very much. let's bring in fox news sunday anchor chris wallace. great to see you. trump had a large lead in south carolina since august. assuming that he wins in south carolina, does the margin of his victory count for something pretty important? >> yeah. but i think, you know, one, two, three points difference isn't going to matter, whether it is

10 points or 13 points won't matter. if it is 4 or 5 points, still winning is better than losing. there would be a sense that what happens, he wasn't able to keep his lead in iowa, cruz passed him, and if he wins by 3 or 4 points, then it will be seen -- yes, it will be a victory, but it will be a weaker victory than expected. having said that, i'm always going with the fox poll, indicates you could have a double digit lead. frankly the new poll shows it within five points is out there by itself. having said that, we don't have to wait very long. about 28 hours, we will find out what the people of south carolina have actually decided and then we can sit there and judge it. but yeah, there is expectation. listen, it could also work for cruz. cruz is seen as rising in this. other polls indicate he is in a flat footed tie with rubio for

second place. if rubio were to sneak ahead of cruz, or cruz, or if it is close, and cruz could have his own expectations, problems. >> the military foot print in south carolina is a large one. once again today, donald trump said the iraq war is one of the worst decisions ever made, his words. i wonder how that impacts republican voters who care deeply about the military? >> well, it is interesting. i talked to somebody in another campaign, not the trump campaign, that says that comments attacking george w. bush, jeb's brother, about the iraq war and about 9/11, whether he should have done something ahead of 9/11, should have known, that that was actually hurting trump and that he was slipping in the polls but that in fact the dust up with the pope, you can characterize that however you want, but in fact that kind of helps for two

reasons. first of all, it chipped at the argument back to immigration which is an argument that's one of trump's strongest points with conservatives. secondly, you have to remember south carolina is the state with the second lowest percentage of catholics in any state. 49th out of 50, so there are a lot of people there, christian evangelicals that are not devout followers of the pope. taking on the pope on the issue of immigration where the pope is seen by a lot of people as being out of step, too liberal, too permissive, might be good for trump. >> do you see anybody throwing in the towel or you think they'll keep going? >> anyone can stay in if they want to. the two people you have to look at as possibly having to give up the fight after south carolina would be one, jeb bush, two, ben carson. kasich i think will stay in, even if he finishes fifth or

sixth, he is counting on a resurgence in the midwest. but jeb bush, if he were to finish fourth well behind rubio in single digits, i think there will be tremendous pressure for him to get out, stop splitting the anti-trump vote. he will have had his mother on the campaign trail, his brother returning to the campaign trail first time since he left office in 2009. i will also tell you that endorsement of nikki haley, the popular governor of south carolina, the fact she chose rubio over bush was seen as a real defeat and snub for bush that in effect she was saying she is not a trump supporter, she wants somebody from the establishment to oppose trump. she was basically saying i think rubio has a better chance than jeb bush. ben carson can continue on, doesn't need a lot of money to go, but if he does as badly as polls indicate, in a state like

south carolina where he was one of the leaders a few months ago, i think he would be in real trouble, too. >> amazing how far up in the polls he was, now how far down. chris, what's coming up on fox news sunday? >> well, we can't tell you the names, but we know we have the top finishers in south carolina. it is sufficiently in doubt. this tells you something, that all of the top candidates said yeah, happy to come on sunday, if we do well in south carolina, until then don't say our names. we expect to have people like donald trump and marco rubio, but let's wait and see saturday night who does well, then get the commitments. we know where they'll be sunday morning. >> all the more reason to tune in sunday. hillary clinton once led bernie sanders by nearly 50 points nationally. for the first time, sanders has taken the lead in the fox news poll. this news comes as we are hours

from the nevada caucuses. a live report from las vegas. plus, going back live where mourners are paying respects to justice scalia, we are waiting for the president to arrive. he just left the white house. to prove to you that the better choice for him is aleve. he's agreed to give it up. ok, but i have 30 acres to cover by sundown. we'll be with him all day as he goes back to taking tylenol. yeah, i was ok, but after lunch my knee started hurting again so... more pills. yep... another pill stop. can i get my aleve back yet? for my pain... i want my aleve. get all day minor arthritis pain relief with an easy open cap.

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platform that held abraham lincoln's in 1865. you see the motorcade headed down pennsylvania avenue toward the capitol and the beast as it is known, the president's armored vehicle among those making their way along the streets. justice scalia served nearly 30 years, died in his sleep last weekend. his funeral is scheduled for tomorrow. shannon bream is live at the supreme court and fox news sunday anchor chris wallace in washington. shannon, it was so moving today when the hearse pulls up, lining the steps and marble plaza were the former clerks of justice antonin scalia serving as honorary paul bearers. i understand admire remembers of the late justice with a makeshift memorial on the plaza

there, including among other things jars of applesauce to remember his dissent in obamacare case in which he criticized the majority of the decision as quote, pure applesauce. set the scene for us. >> there's a lengthy wait for folks to get outside, average americans that want to come here and honor and pay respects to justice scalia. to my right, we saw the presidential motorcade arrive. it is on scene, on site. this morning talked about when the clerks were lining the steps, it was bitterly cold out here, still is. it was probably ten degrees colder this morning. there were hundreds of people weighting across the street, still held there until the line held up. you could have heard a pin drop. never heard it that quiet. i am used to hundreds or thousands here to protest these things, but it was just somber,

frigid, quiet as that hearse arrived and the transport was made by the supreme court police officers that served as the actual paul bearers. all day, it is interesting to see so many young people show up, teenagers here that know about justice scalia and having appreciation for him. families, young and old, every nationality and race have shown up for their moment to walk by the casket. you mentioned a memorial that's not too far that has applesauce. it also has broccoli. during the arguments over the affordable care act, the first time around, justice scalia made comments about could you legislate making people eat healthy, asked about legislating, forcing people to get health insurance, made a comment about broccoli. there are spots of broccoli with the applesauce, fortune cookies, at one point criticizing another, saying the court descended into philosophy of a

fortune cookie. didn't agree with the majority opinion, saying it had as much heft as you find on the scrap of paper in a cookie after your chinese meal. he was very tippy. he made up words he never heard before, jigger repo pore ee in a recent dissent. never thought twice about where he stood on an issue, he made it clear in the dissent. that makeshift memorial this morning from those who appreciated and knew his dissents well. >> shannon, stand by, want to bring back chris wallace into the conversation, host of fox news sunday. chris, if i recall, you had justice scalia on fox news sunday after he came out with this book, "reading law." the interpretation of legal text. and i read it. wow. very impressive, very intellectual in which he

explains techs actualism, how to interpret the constitution, laws, common law statute. just about everything. so he was an incredibly bright man, chris, but he also had a very robust personality, didn't he? >> he did indeed. before i get to that, though, i just want to pick up on how struck i am by what shannon describes as the crowds around the block. this is a supreme court justice, this isn't a politician. he had never gone to campaign, never had an american cast a single vote for him. the idea that hundreds of thousands of people would be waiting around the block in what is a cold day here in washington to pay their respects to justice scalia indicates that although he was outside what we think of as the political process, he obviously had captured the hearts and minds of a great many americans who felt his span for conservative principles and the very colorful way in which he

defended them was important, and they don't want to let them pass without coming to say good-bye. that's impressive for a supreme court justice. i don't think he would have found that for many of his other colleagues over the years in the court, this kind of public display of respect. in terms of personality, i have been thinking about it a lot this week. he filled up a room. i was fortunate enough to see him at some events. i was very fortunate i had him over for dinner at our house one time after i did the interview on the book. he filled up a room. he filled up a room with his intellect. he just was so brainy, so brilliant, so fascinating in his explanation of the court and legal ideas and also other things he could talk about with great familiarity, then his personality and everything that people have been hearing about all this week, it hasn't been hyped at all. he was larger than life.

he was a big personality. he loved to laugh, tell stories, loved to engage in political debate. but there was a kind of good humor to it. it wasn't mean spirited, and he liked to provoke conversations, not end them. and he was great fun to be around. he liked jokes, he liked food. it happened that the night we were there, one of the reasons we invited him, we had a fairly well known italian chef that we had gotten to cook dinner and he spent a lot of the night in the kitchen, gregg, talking with the chef about how he was preparing the food because antonin scalia liked his italian food and liked his italian wine. >> surely did. that's a great story, chris. it really tells volumes about his personality, how others reacted to him. speaking of which, shannon bream, if i can go to you, looking in the grand hall, great

hall of the u.s. supreme court, just to the left is the main courtroom where the jautsz hear the legal arguments in the cases beyond that, the meeting room where they decide secretly behind closed doors sporn decisions. and these are jautsz that spend a lot of their lives together in a building that quite honestly is not that big. it seems huge because it sits up, and there are so many steps you go up to reach it. and the columns and so forth, but is actually a small place. this is kind of a family there in the u.s. supreme court that lost one of their own. >> that's very much the case. you could see as the justices were inside to receive the casket with the scalia family,

several of them very emotional as he was -- his body brought in for the last time to the supreme court. we talk about route bader ginsberg, couldn't be more different, but loved the same things, traveled together with spouses, enjoyed opera. delicious food, many things that chris mentioned. lot of times people had a heart time understanding how they could be so close. scalia was that way with a lot of people he disagreed with. he never minced words but was respectful of other people, other viewpoints. she in her remarks referred to him as my best buddy. they were very, very close. you could see they were emotional, each of the justices as they took part in that. he was close with elaine a wano

go quiet and observe as the president and first lady pay their respects. you know,=@yy the sudden death scalia caught everybody by surprise and has been topic on the campaign trail and in washington. is it fair to say sometimes the unexpected event can have impact large or small on a presidential race?

>> absolutely. candidates plot for how they'll address the issues. with scalia, first of all, it is the big story. secondly, gives you a sense of how candidates react in real time. the president has to, not what they have planned, how they're trying to control events, but how events come out of the blue and how they have to deal with them. it has been fairly easy for both sides politically. the overwhelming consensus among republicans is thath'fx they're going to allow president obama to nominate and get confirmed, put on the betcha justice who would completely change the balance of the court with 11 months left. the only dispute among republicans seems to be are they going to consider it, go through the motions by holding a hearing of the judiciary committee, having a vote, or maybe just

having a filibuster, whether they block it and do nothing at all, that's the debate on the republican side. the democrats say he is president for 11 more months and there's no rule that says the president's article 2 power to nominate someone to the supreme court end after three years and one month. so he's going to go ahead and perform his constitutional duty. creates an interestingfrdpw poll problem for obama. the white house saying he will consult and the white house will consult with members of the senate. does he try to find a sweet spot, somebody who might be sufficiently moderate that republicans might back off and actually confirm that person, which i still think is a long shot, or does he decide to make this as big a political issue as possible, pick someone who makes a political point, perhaps a woman, perhaps a minority or someone with very strong liberal

views and try to use it as a political tool to mobilize the democratic base, try to help them against the republicans. i think the chance that president obama will get to name the successor, not just nominate him but get the successor to antonin scalia, i think that's very slim. >> chris, if they were to go through the hearing process for a nominee and reject that nominee in committee or in the senate vote, could be filibustered there, would republicans be accused of simply engaging in a charade, never having any intention of approving the nominee? >> sure. i mean, that's certainly what they would be accused of, but having said that, is that better or worse than the obstruction charge which they will face if they don't bring anybody in at

all. remember, the idea of filibustering a presidential appointee is not considered over the line. a senator barack obama favored the filibuster of sam alito, one of george w. bush's nominees for the court who eventually was confirmed, so the idea of filibustering is an uncomfortable point for president obamañ to be talking about his article 2 rights in the constitution, nominate someone for the court and the fact that he took a somewhat different view of deferring to the president's judgment when he was in the senate and had to vote on it. >> well, views change, intentionally or otherwise. shannon bream, back down to you. there's been some discussion that the wisest move for the president would be to select somebody who has already been approved unanimously by the u.s. senate, somebody with a 99-0 or

98-0 approval on a court of appeals. what about that? >> i saw one of the leading contenders, he was approved 97-0 a couple years ago. he would be the first asian american justice, well regarded, well respected. it makes it tough for the gop to come back to him and say this person is not qualified afterksi that resounding approval a couple years ago. >> how much scrutiny, though, do public court nominees get compared to u.s. supreme court nominees? republican senators that would vote against the nominee would say we didn't examine that individual that closely. >> reporter: i think that's accurate. the vetting you go through for supreme court nomination is much tougher, the hearing process before the senate judiciary committee, then full consideration. these individuals, whomever is

nominated, will have a rocky road. they have to go to the hill, try to charm each of the senators that they meet with, convince them they're qualified, that they're reasonable, that they would be neutral in a sense. remember thinking back to chief justice john roberts' confirmation, he was asked about being an umpire, calling balls and strikes and being neutral. this is an individual that has to go and work on the hill, try to win people over. much different than being put up as an appellate court judge, which is also a prestigious position, but the scrutiny is a whole different level here. i think it would be tougher for the gop to look at somebody like sri or someone close and say we won't consider them. it pushes them to have to make a decision. again, we saw the judge a time ago paying his own respects as there's much speculation about him now. >> chris, what do you think of that? >> it is interesting, doesn't matter what i think.

ted cruz who is a member of the senate judiciary committee was asked about it on the campaign trail, what about one of the people you and a number of other republican senators approved overwhelmingly for the court of appeals. his answer, i suspect what the answer would be of a lot of his colleagues, it is a very different thing to appoint somebody to court of appeals as opposed to the supreme court, the final ar bit or of what the constitution is. i don't think they'd have trouble saying that was a lower job, this is for the big job. we're not going to vote for that. >> we have a higher standard, different standard. chris, i want to ask you president obama will pay respects soon, and as soon as we do we will be quiet out of respect. he will not attend the funeral mass tomorrow.

vice president biden will go.a.. some criticize the president for being disrespectful. i must say presidents don't normally go in my veers of following the court normally go to an associate justice funeral. yes, a supreme court justice as president obama did with justice rehnquist, he waskl is this& a small matter? >> gives you a sense of how polarized washington is. critics of the president try to make it atpb1ñ big matter sayins is a snub or sign of disrespect, that he should have gone to scalia's funeral tomorrow. on the other hand, i will say there's no great tradition as people point out that george w. bush went to the funeral of chief justice rehnquist, but he was the last sitting justice to

die, so the president honoring a sitting justice who died while in oafice. prior to that, the last one was in 1954 when supreme court justice robert jackson died while he was serving on the court. dwight eisenhower was the president then and he didn't go. as for people that retired and died, sometimes presidents go, sometimes they don't. there are some people that are saying -- who favored the administration saying this would be a moment that would have shown going across partisan lines, unity, but there's no great historic tradition that presidents attend funerals of sitting or retired supreme court justices and therefore this is some huge breach of etiquette for the president not to go. >> you're right. it was president bush, not president obama that attended that rehnquist funeral. shannon, back to you. there are these big cases as we

were talking about, the immigration case in texas, court of appeals decision in california, 9th circuit decided public employee union case. both those cases are at the u.s. supreme court along with some other handful of other really important cases, including affirmative action. let me ask you what happens here if there's a 4-4 "/ñtie. are there a7e couple of choices you can simply let the lower court decision stand? i am going to interrupt myself. here's the president and the first lady. let's listen in.

>> president obama and first lady michelle obama paying their respects to justice antonin scalia standing before his flag-draped coffin in the grand hall of the u.s. supreme court. then moving over to the portrait

of justice scalia by artist nelson shanks. and interesting if you pay close attention to the detail in the shanks portrait, you'll see some of justice scalia's favorite momentos in the portrait, his right hand sitting on a book he loved very much, a picture of his wife and bpacñchildren. also near his right hand. back out to shannon bream. shannon, there was about 15 minutes, maybe more, between the time that the president entered the u.s.vh supreme court and th time he appeared before the coffin, the casket. might he have been meeting with the 8 justices? >> it is possible, or members of the scalia family, we've heard speculation about both. he stopped somewhere on the delay. quite a delay from when he arrived to when he paid his

respects. it is quite possible. there's so much there to consider and the consideration that would happen between the parties, but as you mention, we saw the first lady and president stop by the portrait that you point out has interesting favorites tucked into it. i always liked the portrait in that it is not perfect, his robe is open, it is tied not perfectly centered. it really struck me as showed a bit of his personality. that he wasn't the kind of guy always completely button done, polished to perfection. he very much was a real person with realqs conversations and w as chris described very much the life of the party, the person that walked in the room and immediately was picking on certain people, which was always a huge thing. he lived life with gusto. his family in talking with, hearing from them in the last few days, they feel very much at peace that he was doing something that he loved when they lost him, when he passed away. he lovedlçésç hunting. he loved all kinds of

adventures. they're focusing on a life well lived and fact that he never slowed down. he literally never slowed down until the end, gregg. >> shannon bream, thank you very much. back to chris wallace here, last thoughts, chris. children, 36 grandchildren. he referred to it jokingly as vatican roulette, which underscores his personality, doesn't it? >> absolutely. you know, that he would make fun of the fact that clearly this is not a family that engaged in artificial or birth control, which is banned by the catholic church. look, it is a terrible loss. i know how i felt when i saw it on my ipad on saturday night, you know, that we wereuoust

shocked to find out that this vital man, learned in the course of the week because of controversy over no autopsy, appare health problems. on the other hand, he had in the last week while the court had been out of session, he had flown to hong kong to make a speech, then had flown back, then he had gone to a ranch to go quail hunting. so that doesn't sound like the actions of a man who was in any way compromised. you know, i suppose not to get too philosophical, live 79 years, with an adoring wife, haven't spoken enough about his wife maureen, loved him, sometimes rolled her eyes as some ofr" his larger than life responses to things, nine devoted children, as you say, three dozen grandchildren, and you know, to do what you love doing, he loved to hunt. to die in your sleep without illness, not bad. >> yeah, we'll take it.

chris wallace, thank you very much for your thoughts. appreciate it. back to 2016 politics next. the fight over whether ted cruz is eligible to be president made its way to a court of law. the lawyers trying to kick the senator off the ballot in a big state. day is a chance to do something great. and for the ones they love, they'd do anything. sears optical has glasses made for doing. right now, buy one pair and get another free. quality eyewear for doers. sears optical.

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and you break into your happy dance. if you sign up for better car replacement™, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. the day before the south carolina primary. a lawyer went to court, arguing ted cruz cannot be president. lawrence joyce says the republican candidate is not eligible because he's not a natural born citizen. cruz was born in canada to an american mother.ñ his campaign staffers say that makes him eligible to run. joyce is fighting to kick cruz off the battle in illinois. let's bring in the senior political reporter for usa today. heidi, good to see you. there's the illinois case, the texas case very similar. it was a matter of time before

this would end up in a court of law somewhere, right? >> and it does seem strange that we are having this occur, literally the day before what is probably the most important race for ted cruz thus far. there's two points, a legal and political. the legal, you know, even larry tribe, one of cruz's biggest atractors would say it would take a strict interpretation of the constitutiwg"ó to think thi has a lot of legs and credibility. the more important is the political part. in terms of optics, it is better than donald trump who has been pushing this, bringing this case of a guy who is aligned with ben carson, but i bring you back to iowa when donald trump was the most successful making his case. people thought he hit ted cruz hard on that birther argument. last time i checked, who won iowa? ted cruz. so i am skeptical going into the race, particularly with polls

showing ted cruz kind of closing in on donald trump in south carolina that it will make that big a difference. >> the plaintiff says ted cruz is not a natural born ted cruz is not a natural born citizen. i wonder if he read the law passed by congress. the children of citizens of the united states that may be born beyond sea or out of the limits of the united states shall be considered a natural born citizen. his mother satisfied the residency requirements of being a citizen is a citizen. is it better for cruz this gets hammered out now? >> that is the argument of the gentleman bringing this case is that he said, if we don't do this now and settle this now, the democrats have said, alan grayson has said he will bring such a case if ted cruz gets the nomination and they will court

shop to find a friendly judge. that is the argument of the gentleman who is making this case. >> we are short of time today with all the breaking news. thank you for being with us. and we'll be right back. this is sheldon whose long day setting up the news starts with minor arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

the feds are firing back at apple in their fight over privacy versus security. the fbi accusing the tech giant of putting its own interests ahead of a terror investigation. the department of justice filed a motion to force apple to back down. earlier this week, a judge ordered apple to help the feds hack into a phone that belonged to one of the san bernardino shooters. the feds haven't been able to figure out the pass code and they want apple to create software that doesn't exist allegedly, to bypass that.

so that they don't lose all of the information. apple's ceo tim cook has said that such software would in the wrong hands give the government the power to reach into everybody's devices putting all our information at risk or hackers could do it. >> this motion was filed this afternoon stands out because of its gloves are off language. justice department levels a serious accusation against apple rather than assist in the investigation of the terror attack, apple is refusing to cooperate when it has the ability to crack the phone's code. apple has attempted to design its products to allow technology rather than the law to be warranted for an investigation.

the justice department says they are not asking for the day that but want apple to disable the access code and auto erase function that kicks in after you fail to hit the right series of numbers. >> this is not the normal case where the government says open up your system and we want to look at data that exists. this is something different. they are trying to conscript apple to create a software code that doesn't exist. could tim cook if he resists end up behind bars? >> it's possible that tim cook could ultimately go to jail but that seems entirely unlikely. so much has to happen in the courts for them to ever reach that point. apple says they just don't want to comply because it's not in the spirit of a the privacy agreement. we'll see how it plays out. >> apple says we intentionally created this technology without a backdoor because we didn't want this to happen. now the government wants us to

create the backdoor. thanks very much. that's going to do it for now. i'm greg jared in for shepard smith. "your world with neil cavuto" is after the break. 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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all right, now apple had some big trouble. the donald. the donald. >> but i think you ought to boycott apple until such time as they give that security number. i just thought of it. boycott apple. >> all right, so if apple didn't have enough problems with the justice department now recommending action on apple's refusal to address this issue about this phone and the san bernardino attackers, well it just goes on and on and on. >> it's been a busy day for donald trump in the state of south carolina. earlier trying to brand senator