well they get around onland. so there he is swimming to the oldize on the tread mill. thank you for being part of "the real story" for monday. i'm gretchen carlson, here's shep. >> noon in nevada. the next battlegbfkstate for the five republicans left in the race. now new accusations of teddy crews' dirty tricks, staffer is apologizing and rube rube saying that's not enough. and donald trump questioning whether another rival is eligible to run for president. the next stop, say, with bernie sanders getting a start on super tuesday, and why is hillary clinton taking a break from the campaign trail? plus, vlad putin asking permission to fly spy planes over the united states, spy planes with powerful digital cameras about he is apparently not so crazy about surveillance flights over russia. let's get to it.

>> good monday afternoon from the news deck. more mud-slinging in the g.o.p. as the candidates set their sites on nevada. including one campaign smearing a rival by suggesting he was caught trashing the bible. ted cruz's communication director link -- tweeted a link to an article witha video of of rube rube. -- marco rubio. the audio us not clear but there are subtitles and they quote rubio has telling somebody he won't find any answers in the holy book. rubio aides said he actually said all the answerser in the bible. enough the cruz staffer is apologizing. >> i posted in haste. i should not have done it. it's apologized to marco rubio and the campaign, and posted that on my facebook and shared it on twitter and i'm saying it here. it was a mistake and i would not knowingly post something i knew to be false. >> but you can't put toothpaste back in tube. today marco rubio blast the cruz campaign and said he was actually praising the bike. >> talk about the va, where people who aren't doing their

job need to be fired. who is going to be fired when ted cruz is president in this campaign now has repeatedly done things they have to apologize for. >> rubio is talking aboutkñmo"p, and without jeb bush to beat up, donald trump is now targeting marco rubio. trump retweeted a supporter who questions rubio's citizenship, quoting, mark trumping are both cruz and rube you're are ineligible to be potus. it's a slam-dunk case. check it. well, trump said he's not sure if rubeover is eligible, and the lawyers have to determine that. of course, facts now -- pesky things they are -- since rubio was born on u.s. soil 'éq)e is no question, no question, marco rubio is eligible to be president. on sun on "fox news sunday"

trump said he could act presidentially and would start to do so pretty soon. now marco rubio supporters are striking back in an unusual ware. a super pac sent out a memo comparing trump to a villain. also today, rival john kashich is getting a big boost. a billionaire says he is now supporting the ohio governor. earlier kashich spoke to voters in virginia and talked about first getting into politics back in the 1970s. >> lou did i get elected? knock would -- done have anybody former. we got an army of people who -- and many women who left their kitchens to go out and go door-to-door and put yard signs up for me all the way back when things were different. >> one woman in the audience said she was support kashich but would not beoo['g out of her kitchen, as kashich said his comment was about when he first won decades ago, not something

from modern times. a spokesman says any attempt to twist kashich's comment is desperate politics. it seems there's a lot of that lately, which begins team fox coverage. mike emanuel with more on the republican voters in nevada. carl, let's talk about johnáh1,÷ kashich first. >> well, mr. kashich is arguing he was very proud of having a lot of kitchen cabinet supporters back in the '70s when with first was iran -- running for congress. he became chairman of the committee that balanced the budget and talked about experience to be commander in chief and on different defense and armed servicesrç committees and said this is wrong but there's already been criticism and comes from an organization that must be desperate, from planned parenthood. they said today that not only did he insult women with the comment today but he compounded it but a is follows yesterday's move wherein john kashich after having come in fifth in south carolina, vetoed or slashed

funding for planned parenthood in his state of ohio. so, kashich is getting heat for it. but can clearly claim back in the '70s he did have women coming out of the kitchens because back in those days there were a lot stave at home moms part of his organization. we are here for a ted cruz news conference in just a minute. the press is gathered here and goes tot a lot of what you describing a moment ago between marco rubio and ted cruz. marco rubio has today said(ia)# ted cruz has to be held accountable and somebody should be fired nor what rubio calls deceptive campaign practices and dirty tricks, going back to house and new hampshire and south carolina with something that frankly weren't cruz's fault. pro cruz super pac and pac organizations doing nasty robo calls, bringing up a variety of issues but that was aimed at donald trump. cruz has a big crowd waiting outside. he is not expected to come in --

might come and second near nevada but with tomorrow's caucuses, donald trump has a big advantage. trump is here in las vegas. he was over at trump tower. forgive me for looking to my left. i'm expect him to come into the news conference and we'll throw him a question if he does. a lot riding on this. if trump wins the quarterbacks three of the first four states in the first in the nation states to vote in february, and he does lead in most of the polls. marco rubio will not be in nevada tomorrow when the returns come in and the caucus is actually taking place himself jumping forward to michigan. john kashich has jumped forwardn virginia this morning when the issue came up and he himself talking about the women coming out of the kitchens back in 1976 when he first ran. >> carl, what the fallout between this cruz and rubio bible flap? >> reporter: well, rick taylor, the cruz campaign communications director, has apologized, as you said, but it's not going to get let go of.

marco rubio has been looking for an opportunity to after cruz, ben carson started lamenting what they called dirty tricks in iowa and marco is picking up. in never do rubio would like to come in a strong second. the cruz-rubio battle has been broken out. one argue. whileto+6 ted cruz and trump are antiestablishment lane, marco rubio is the more main esteem run conservative alternative and has to distinguish himself. today he talked about his ability to unite the party with conservatives, something he has been saying in his campaign, not in the context of only five left in the race. we have not heard loot from ben carson in weeks. >> most polls goo show that donald trump has another big lead in nevada. double-digits. but that could be misleading, i'm told there are few surveys from the state, very few of. the, and analysts say political poll is notoriously tricky there because quarterbacks-goers make

up so much of the state's electorate. 10 to 15% of nevada runs wilburt to caucus. mike emanuel is near the vegas strip. hi, mike. >> reporter: i did an interview with texas senator ted cruz and asked him if his tough talk on illegal immigration could hurt him with latino voters in places like 1/2 da. >> most hispanics in the country, particularly those who are here legally, they don't want open borders. they want to see our community safe. >> reporter: donald trump has received a great deal of attention for his focus on illegal immigration, talking about building a wall and having mexico pay for it. a central theme of his campaign. it's been a winning issue for trump with his supporters. meanwhile, also did an interview with florida senator marco rubio and asked him howl the issue of -- how the issue of immigration plays here. >> nevada is impacted by illegal nims a bad way. illegal immigration isn't good for anyone, isn't good for mrs..

so we're going to enforce our laws and cure our border, and after we have done that and it's in place and the american people have confidence, then we'll see what people are willing to support about everything else. >> reporter: hispanics make up 15.3% of the voting age population in nevada, but at this point nobody is quite sure how many will turn out for the republican caucuses tomorrow night. >> mike, thanks. i'm sure you heard jeb bush is out of the race, and now that he is out "the new york times" reports his campaign may go down as one of the least successful campaign spending binges in history. according to the report offering "times," jeb bush and his super pac spent an estimatedkúl% $130 million to run for president. that includes more than $84 million on, quote, positive advertisement and branding. like general! can do like jeb! and there were hundreds of thousands thousands of dollar on affair and hotels. and 94,000 for big dinners and

events as well sass grand for valet parking and last but, well, not least, almost five grand for pizza. no word on hough that compares to other campaigns' pizza budgets. more ton the race in a moment. i'll speak with a political reporter whether anybody can stop donald trump. and the numbers, well, they're not on anybody's side but donald trump. that's next from the fox news deck.

trump has now huge primary wins and more than five times of delegates of his closest riwvk in any other election that might me$e÷gy the nomination race is l but decide but some republicans are vowing to fight until the end. but nothing seems to stick to teflon trump and his rivals are running oust time and money. with is rebecca berg with reel clare politics. you -- real clear politic. yous;zqé say to the path to the nomination is trump and nobody may be able to stop him.%púa' why? >> the mass -- math is just on his side. we're getting ready for super tuesday on march 1st when a bunch of southern states and others like massachusetts and virginia will vote, and donald trump is favored in most if not all of these states at the point. and today bob dole came out and endorsed marco rubio but said if

donald trump sweeps or dominates on super tuesday, the nomination is his for the taking essentially. >> you mentioned that it's hard to find a place where the rubio campaign even would think they would win a state. florida is a big one. it's his home state. a winner take all, and they say florida is our target. >> exactly. so, florida is a place where you would think in any other years marco rubio could do well because he has he home are state advantage but donald trump is leading in florida, by a slim margin now that jeb bush is out of the was, but still leading and expected to win. the problem is what marco rubio and the rest of the republican field is a big sea change the selection, but we have seen donald trump basically say anything he could possibly say to get himself in trouble to turn voters off, and his supporters are still sticking with him, which really gives him an opportunity at this point to broaden his space as the rails narrows, and if he is able to do that there is no path nor any other republican. >> what would happen if this

became two-person race and are there republicans who are pushing some of these other candidates, the not trump candidates? are there runs pushing them to, let's get down to just one of you? >> absolutely. there's a lot of pressure right now for that, and that is the one scenario right now where donald trump could be in big trouble, because if he were facing, for example,marco rubio, it becomes a lot easier for that other candidate, the nontrump candidate, to co- a -- coalesce support. bit right now we're not seeing a nice narrowing to two people as quickless as it needs to for donald trump to be taken out. he will be the potentially a five-person race on super tuesday if ben carson and john kashich stick around, and even if it narrows to three, donald trump is in vary advantageous position. might not narrow it to two people until then beginning of april and at that point donald trump has the nomination wrapped up essentially. >> i read a column this morning, anding for give to the author

because i don't remember who it was -- but a column suggested all> i don't think it would help. here's the thing.9, ted cruz and marco rubio and even john kashich say they have a case to make to continue these races. they see a path to the nomination for themselves however slight it might be. however, unlikely it might be. and so each of them is going stay in the race because they think they can win and that's exactly the reason its took for the race to narrow. we started out with 17 candidates on the republican side and each of. the thought they were the next president of the united states. so even if you have pressure from the party, it doesn't really make a big difference if you have candidates and campaigns who belief they still have a chance to win. >> it seems like you're very much on point.

rebeccabird, from real clear pot ticks. thank you. >> thank you. >> the uber driver accused of gunning down people at random in places in michigan just made a court appearance. the details on that and an interview from one of his passengers about the scary ride he says that he took just moments before the shooting started. he picked up passengers during the middle of a murder spree in kalamazoo. how that went down and how the court appearance just went. that's next. years, you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs... you're like nothing can replace brad. then liberty mutual calls, 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.

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that matters to me. i have three children that are going to grow up here and i want them to be able to enjoy all the things that i was able to enjoy. together, we're building a better california. major cleanup effort beginning and mourning as well after a powerful cyclone slammed fiji over the weekend. the forecasters at weather underground say this is the strongest storm ever recorded in the southern hemisphere.

down there they're tropical cyclone, um here we call them hurricane. same thing. 18 people are deed and hundreds of thousands have no power. there's some picture to show you. this is the image from space. a satellite photo of the storm over the southern pacific ocean and that eye went right over fuji with 180-miles-an-hour winds. they're doing the general cleanup. you can see. trying to clear a road here. overhead view of the damages. a lot of homes wind out. storm flattened entire villages right along the coastline. i read 40-foot waves destroyed hundreds of homes and buildings, clung this gas station. officials say more than 6,000 people have to find a new place to live in the wake of this incredible storm to hit fiji over the weekend. a court has denied bail today for the uber driver accused of going on a deadly shooting spree on saturday night in michigan. his name is jason dalton, and there he is in court today. he appeared just moments ago. he is now facing murder and other charges. cops say he killed at least six

people and injured two others in shootings across the city of kalamazoo over the weekend. investigators are describing it as a series of random murders. they say the suspect first opened fire in the parking lot of an apartment complex, then four hours later, police say he shot and killed a father and son at a car dealership. then he went and picked up other uber passengers we're told, and shortly after that cops say he gunned down five people in the park lot of a cracker barrel restaurant. an uber passenger described what it was like being in his car an hour before all the shootings began. >> kind of driving through medians, driving through the lawn, speeding along, and then finally came to a stop, i jumped out of the car and ran away. >> who wouldn't. he also says the driver was surprisingly calm acting during the whole thing. but that he did call uber to try to get the driver off the road. mike tobin is in kalamazoo for is this afternoon. you were around for court. what happened there mike?

>> reporter: well, unfortunately the motive is stale mystery. jason dalton gave a few one-word anxiouses to the questions, are you jason dalton? do you fund the charges? the answer was yes. then he stated he prefers to remain silent. the county prosecutor said dalton has given a statement are receiving his miranda warnings and has admitted to killing people but the statement dogs not include a reason why. murder charges two charges of assault with the intent to kill. a felony weapons charge to go along with each of the charges so 16 charges total. maximum penalty is life in prison. death penalty is not an option. he seemed to be very calm throughout the entire proceeding. the prosecutor says thus far he from dalton. >> we often ask, how did we miss this guy who seems to be doing thursday things. he was on police radar? >> they knew that he liked weapons and the neighbors say that dalton would occasionally gee out in the backyard and fire

his weapon. we learned from the county prosecutor a search warrant was executed at his house, and from that search warrant they've did recover what was called a]n2qs significant store of weapons. no further details on what they got. shep? >> thanks. coming up we'll check on the democratic candidates for the presidency. hillary clinton opening up a bigger lead in delegates. the next showdown is days away in south carolina, but bernie sanders seems to be focused on something else that is down the road. have they felt the bern for the last time? does he have a path to the nomination? we'll check in on donald trump -- i should say on bernie sanders and hillary clinton. that's coming up next.

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bottom of the hour. breaking news now in the run race for the presidency and a dramatic moment has just happened. ted cruz, as you may have heard earlier, has been in a squabble act lyes their campaigns have,

with marco rubio over words from a video. the sub titles indicated that marco rubio had said you won't find any answers in the bible, disparaging the bible and religion. that came from the ted cruz campaign, specifically it came from ted cruz's media adviser or campaign head majors named rick tyler. just moments ago a news conference happened during which ted cruz came to the microphones -- you heard carl cameron there. he said ted cruz is coming to the microphones and is going to be asking him questions about this who -- well, what dramaticd cruz. here it is. >> we are not a campaign that is going to question the faith of another candidate. even if it was true, our campaign should not have sent it. that's why i've asked for rick tyler's resignation, because the standard of conduct in this campaign have been made absolutely clear for every member of the campaign. and i understand that marco's

campaign team believed it's politically advantageous to distract the topic from his own record, and they have a long record they've earned in south carolina of engaging in this kind of trickery and impugning the integrity of the opponents to distract the attention. we're going to stay focused on issues and substance and record, because i think that's what the mesh people want. i think that's what they deserve. and that's what they're going to get. this campaign is about turning the country around, bringing back jobs and economic growth and protecting the constitutional rights. >> did you -- have you didn't -- [inaudible question] >> did you speak with him. >> no. >> did you hear hat he just did? ted cruz just said i'm asking for the resignation of rick tyler, he communications director, and then he turned the whole thing around on marco rubio. if you remember it was rick

tyler, ted cruz's communications director, who tweeted out and sent out information about this video in which they claim marco rubio had said something that he did not say. something disparaging the bible, saying you won't find answer, where actual live he said that's where you will find the answer, in the bible. this place is christian based and evangelicals. so first he asked for rick tyler's resignation and then turned around and said marco rubio has been

president, where tire transitioned to work as a senior advisedder. 2012 went on to found dray road strategies and then a conservative strategy group, and then in 2015 went on to become the head of communications for at the ted cruz campaign. what in the world happened here? how can they demand such a high profile resignation? you probably have seen this man, rick tyler, on television stations, including this one, ted cruz. now asked for his resignation. carl cameron is back. that was not expected. >> reporter: well, it's the kind of thing that happens when a candidate has been accused over and over of dirty trickery and a somebody. i've known rick tyler for 20 years, an old granite stater and a new england guy -- [inaudible] -- and he becomes his -- his head is on the block. this is something that obviously for ted cruz, to have a staffer,

senior staffer,'eñ be accused of questioning the faith of another conservative republican, is very dangerous business, and particularly in a race where there's already been a debate about donald trump's state. he calls himself a presbyterian, shows the family bible ascribed by miss mom but ran into problems fork ted cruz to be questioning marco rubio's faith requires some sort of response for frankly marco rubio was going to continue to complain about it over and over and over again, and we, the media, would throw those questions back at ted cruz, which is exactly what happened in this news conference today. ted cruz came out, just shortly every was on the air in that crowd clutch of reporters, and talking about the economy, and everybody was shouting questions, and when he took mine i asked him about marco rubio's demand for some accountable and that's huh revealed that rick tyler's resignation had been requested. >> that's rick tyler on the screen. >> rick tyler has been a

strategist for a long, long time, and you mentioned he spent some time with gingrich. newt gingrich was a hugely important person back in the '90s in washington, dc and rick tyler went back to that point. and this is really not so hutch a criticism of rick tyler in that he sent out the information, but that ted cruz has to be very, very cautious when the subject of faith, and in this case the bible, from what happened. it's worth going over the details here. there's a pennsylvania college newspaper that captured a picture and some audio, some video and audio, of ted cruz -- excuse me -- marco rubio talking about a bible and the allegation and the print that -- the text that appeared on the video suggested that he was saying there was nothing in it for some people, that the bible was not going to help them. words to that effect.

in fact rubio, immediately upon hearing that, after it was tweeted by mr. tyler, he said i say exactly the opposite. i marco rubio said that there was something for everybody in the bible. quite the contrary. and therein lies the problem. the bible has become a political hot potato in this election, and rick tyler becomes a casualty of that. bare-knuckle politics, sharp elbows, allegations, sometimes questionable facts. that is the stuff of the dirty side of presidential politics, all politics, but when it touches the bible and the republican party, now you got a problem and rick tyler is paying the price. >> of course, ted cruz for 15 second said i'm asking now for rick tyler's resignation, and then for the rest of the news conference, however short he turned it around and said marco rubio was man of dirty can tricks. incredible how they think they can have it both ways on everything. >> in the case of the

original -- when ben carson was accused of having drop out of the race, and then ted cruz was accused of using the vote suppressing -- voter guide that actually told people they hadn't voted enough and listed some of their neighbor's poor voting habits, marco rubio said, shame, shame, shame, on ted cruz, when they had very similar document that was out. the only thing all that different was it didn't list your neighbors which everybody agreed was a little creepy. but it looked like an official document and the rubio campaign had it too. all the campaigns are stretching the truth, using tactics meant to hurt their opposition. it ain't beanbag. >> hates let's bring the political editor for "the boston globe" number. the world turned. i'm not sure how much of a blow this is? i guess when you look at the big

picture of it all, ted cruz's campaign is keised of doing something. ted crews didn't do it his communications director did it. now he is asking for rick tyler's resignation. is that the end of it. >> i think it's the end thereof this one small event in the series of what carl accurately described as a nasty campaign, by asking for rick tyler, who i've always found to be quite professional, by asking for his resignation. he is trying to brush this under the rug as soon as possible and move on. the last thing ted cruz wants is to get into a debate in between all of the candidates who is the best christian going into super tuesday, not because he would think he would lose that bat up but because it's unbecoming to candidates to discuss that going into super tuesday where a lot of southern states are going to vote, southern states with large christian populations, evangelical populations in republican primaries. >> in a world where ted cruz and marco rubio boat stith exist as republican candidates, in that world, is there a way in your

political mind that the republicans can have anyone other than donald trump as their candidate? >> there's maybe a five percent chance john kashich pulls it out. it's real ya hard to see how that works and that's just because of the calendar. looking ahead. super tuesday is march 1st. it's eight days from now. a lot of states are going to vote but voting proportionalitily with delegates. so trump is only going t/xóq continue to lead in these polls special my when you have marco rubio and ted cruz splitting up votes in other sections of the republican party. it's especially a problem for ted cruz because the states where he is strongest, such as his home state of texas, those are proportional states where the delegates are awarded based on the size of the margin of victory or how you do in individual pry sinks. they aren't -- precincts. they aren't winner take all which candidates need to secure to give trump a run for miss

money. >> john kashich, he used to be -- used to have a program here. he is now the governor of ohio. his campaign seems to be leading in ohio but you have to get to ohio, and sometimes between now and ohio with super tuesday and everything else before it, whatever momentum there is, you could really lose. how dogs he get to ohio? >> it's forever between march 15th when ohio votes. ohio is a winner take all state so it is very good for john kashich if hi wins his home state of ohio, which more likely than not he will. but it's difficult. and what john okay stick needs to get him through that he needs a whole lot of money, and based on the finance reports we saw coming out of the end of january, he doesn't have a whole lot of that. at this point for the next three weeks it's going to be the most expensive part of the presidential campaign. you're dealing with statessdm

rubio and you lose florida can you go on and if not, then what? >> well, it's going to be hard for mark cue rubio to make that case if he -- even then, florida is going to be about an expectations game. let's look at what the field is like. let's say marco rubio, ted cruz, and donald trump and john kashich are all still in the race then. he could probably play off a close second as doing pretty well, but still it is losing his

home state. that's something john kashich will probably not be able to say at the end of march. so, it's tough for him but trump has a huge amount of support to quote the word he use all the time. huge amount of support in florida. a lot of economic angst there that plays right into the message he is giving to voters. >> super tuesday. alabama, arkansas, georgia, massachusetts, minnesota, oklahoma, tennessee, texas, vermont, virginia, all super tuesday. know who leads for the republicans in every single one of those places? donald trump. but first they have to good to nevada. who leads there? donald trump. if you are anybody but donald trump you have to home they get down to just one somebody not named trump. is it possible to get down to one somebody? >> it's really difficult to do that before the end of march, and by then, it might be too late for republicans not named donald trump to prevent him from getting the nomination. every day that passes it becomes increasingly likely that trump is going to be the republican

nominee. it's not super hard. it's just simple math. he is get mortgage delegates and will continue to get more delicates and because the establish. is split between kashich and rubio and ted cruz he is going deep running up the score. >> i appreciate it. inquiry a -- i mean shira. if a watched spotlight on a plane finally you. people at the "boston globe" should be so proud. what an incredible thing that was. thank you. >> thank you. >> now to the democrats their next battleground is south carolina but both campaigns looking ahead to the big prizes up for grabs on super tuesday. much more on that. wow. ted cruz says, i want your resignation. i want your resignation, and i just got this from fox news, a fox news alert, campaign 2016, ted cruz fires communications

director over falsified video. it's hitting it. i if you don't have fox news campaign 2016 alerts for your phone, why don't you? we'll be right back.

now the democrats. bernie sanders is facing an even bigger climb for the democratic nomination after losing in nevada. did you hear his facial expression and see his body language? they were hoping for a big win there hillary clinton holds a commanding lead among the delegates. 502 to 70. clintoned of's advantage is thanked in large part to superdelegates. party leaders who can support either candidate regardless how people vote and they can also change their minds. despite the loss in nevada, sanders says he will keep fighting, and he now has the money to stay in the race for a while. up next for the democrats eggs south carolina, and then super tuesday. same as republicans. and analysts say secretary clinton could really start to pull away once those races on

super tuesday are said and done. ed henry has the news. he is in columbia, south carolina. seems like the pressure is really building on bernie sanders in the solid south, and watching him after the loss on saturday night, and going through the weekend, seeing him on the sunday shows, he looked like a man whose tone has changed and they're looking at the math and going, i don't know >> reporter: you're right. the math could get ugly for bernie sanders. south carolina coming up saturday, right here, and hillary clinton had a 42-point edge among african-american voters in the state over sanders in the latest fox poll, and then you go to super tuesday, and as you were just talking a moment ago. alabama, arkansas, georgia, states like that, hillary clinton has big leads there as well. so sanders is in the state today with the actor, danny glover, saying, if he can't tailor his message to reach out to african-americans he doesn't deserve to win. watch. >> if i can't convince you to

vote for me in the election, i shouldn't be in this business. >> reporter: on the other hand we should note there are other super tuesday states. like massachusetts, and minnesota, where sanders may do well. it's not all southern sort of strong holds for clinton there are some states where he can win but as you talked about marco rubio, you can't keep coming in a close second. you have to start winning. >> massachusetts does look like a magic very big win for him but there's trouble spots for secretary clinton as well. '. >> reporter: entrance polls in evidence in date was clear sanders had the edge over hillary clinton when you asked voters is your top issue being honest and trustworthy. so that's something that could still dog her in the primaries nut more importantly hz" the long run for her, if she gets the nomination could hurt her in the general election against republicans and today she is not campaigning here. she has a double-digit lead and instead is fundraising in california because sanders is

starting to outpace her in the money department. so it's not all roses for clinton but she had a big win of the weekend. i. >> apple's ceo is fire back at the feds in the legal battle over the san bernardino shooter's iphone. we'll tell you what tim cook told his workers today in an e-mail. the head of the fbi argues the fed owe it to the victims of the attack to see if there are any clues in that phone. there's more to this. that's next. 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.

apple's call thing for the feds to drop their demand that the company help the fbi unlock an iphone used by a woman -- by one of the san bernardino shooteres. en in a e-mail to employees the apple ceo tim cook wrote, at stake is the data security of hundreds of millions of law-aabiding people and setting

a dangerous precedent that threatens everyone's civil liberties. the fbi director wrote in an online post yesterday, quote, we can't look the survivors in the eye or ourselves in the mirror if we don't follow this lead. we don't want to break anyone's encryption or set a master key loose on the land. >> kennedy is here, host of kennedy weekday nights. >> i think tim cook is right and has the technological and encryption expertise here and speaks for a lot of companies in silicon valley that don't want to bend to the whim of the federal government regardless of the emotional case they'reíit:ñ making. >> their point is this isn't about big picture. this is about this one phone and this one shooting and we need this one set of data to maybe we don't even know. we need to know. >> they're con eventually making it about one small thing, the phone. unfortunately it could grow into a much larger thing weapon can't trust theford government when it comes to these matters and maybe it is about a bigger picture,

about an intelligence failure that the fbi and the cia and homeland security and other agencies missed with the terrorist couple. >> what if it were not the united states but it were, say, vlad putin in russia who had a court order, or maybe the chinese communist party said, hearings a court order, apple you have to open these phones. there are lot of possibility. >> that's the problem. i if you own one phone here what's to say you're not going to open phones in the her -- hermit kingdom in china or russia. people here don't want to have that sort of back door open to malicious intruders. >> have you been talking about this on kennedy. >> yes, we're going to talk about it in depth tonight with the "red eye" host. >> see you tonight on fox been the network, the fastest growing channel on all of cable television is fbn. >> amany, baby before earning enough cash back from bank of america

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just into fox news channel the uber driver accused of the random killing spree in affordable health care kalamazoo, michigan, admitted to the shootings help is accused of killing six people during an hours long rampage, targeting victims randomly. police say he drove uber-passengers the n between the killings. he has not said why he did it. on this day in 1935, it became illegal to fly planes over the white house. president flan lynn roosevelt complained that the aircraft had been keeping him up at night. pilots apparent live used to fly low over the executive mansion to give passengerses a bird's eye view. some six decade after the ban took effect a plane fell right below president bill clinton's bedroom. luckily nobody was inside. we recently had a drone crash near the white house as well as the gyrocopter guy at the capitol, but a bout of

insonsomnia let to a change in the law 80 years ago today. great day for the dow. up 222 and the tennessee women's basketball team, out of the top 25 poll for the first time in 31 years. >> and this morning, i asked for rick tyler's resignation. i have made clear in this campaign that we will conduct this campaign with the very highest standards of interesting grit. >> let's get ready to rumble. you're watching "your world," and on the screen behind me you're seeing marco rubio speaking in reno, nevada. we had ted cruz in las vegas, nevada, the site of the very big caucuses tomorrow night. the bottom line is we're waiting to hear from marco rubio how he will respond to ted cruz's communications operative told to quit, to get out to pack up and leave. mike emanuel is in las vegas now