>> see you back here for our second hour in one hour. >> "outnumbered" starts right now. harris: this is a fox news alert. the plan to close guantanamo bay in cuba where reportedly some of the most dangerous terrorists we captured on the battlefield remain. the president telling the nation a short time ago, that his plan goes to congress today. now we anticipate there's more. and it's coming as we await the white house daily briefing. this is "outnumbered." i'm harris faulkner. here today, andrea tantaros, sandra smith. co-host of "countdown to the closing bell" both of them on fox business, melissa francis. the #oneluckyguy, her co-host, david asman. >> fbn. you guys are outnumbered. harris: that is okay.

andrea and i are loving that. andrea: almost like before the bell, right, harris? >> that's right. we have to have you guys on "after the bell." harris: we have a lot going on. we knew the president's plan was coming by mandate through congress. let's get right to it. can't wait for your thoughts. >> what i can't stand about what the president had to say, i don't agree with him that we have to have gitmo closed, but when he belittled those who say we need gitmo, that he belittled them the public was scared and less safe if we closed gitmo. that is awful. harris: we'll come back to that. andrea: he is heated up. harris: today was the deadline for the pentagon to submit the plans to congress to close gitmo and get detainees out of cuba to other countries includes united states. here is president obama telling the nation about his plan he is sending to congress today. >> this is about closing a chapter in our history. we'll keep making the case to congress we can do it in a

responsible and secure way. if it were easy it would have happened years ago as i wanted. i don't want to pass this problem on to the next president, whoever it is. if as a nation we don't deal with this now, when will we deal with it. harris: first he will have to deal with david asman. closing gitmo would save tens of millions of dollars every year. there is a problem though, you may know this, the plan calls for some 60 detainees to come to the u.s. congress repeatedly passed legislation banning any effort to move them here. here is house speaker paul ryan just last month. >> "l.a. law" banning transfer of gitmo detainees to america was put in law by democrats in congress and has been put into law ever since and signed into law recently in december. he can send whoever he wants to congress but law is the law. i'm amazed the president will direct the military to carry out orders where they are knowing breaking the law. this is president trying to make it up as he goes. harris: a little bit of detail

here. the administration is considering 13 facilities in the u.s. to house eligible prisoners including exists prisons in colorado, south carolina and kansas. military bases, several of them, are being considered. the president did not identify, he said he would not identify which ones as he turns in the plan i before i get to you david, couple things since you teed it up for us. the president says the detention facility at gitmo is a national security risk and challenges our u.s. values. he said a lot of the american public is worried about terrorism. i think we all are. we already held some of the people in the u.s. and we managed them just fine. >> what is more of a risk, by the way? gitmo itself or releasing gitmo prisoners and having them go back to the battlefield? there is so much evidence now too many, about 30% of those who have been released are either, we know for a fact they're on battlefield or we suspect they're on a battlefield. i know they're thinking of

transfer ones at gitmo to prison facilities in the united states, to treat them as common criminals, this is war. even the president admitted we're at war. these folks were captured at great expense to service people, our soldiers, our marines, some who died or grievously injured as a result of capturing these people, we're either letting them go or treating them as common criminals. that is not right. harris: doesn't matter if the president reminds us who our enemies are. he keeps showing us. >> he says those against closing gitmo are trying to scare the public. no, we're pointing to the facts. these folks released, getting out, going back to the battlefield. harris: i don't want to gloss over the military base position of this, because we know our military members are targets by isis in particular, to put them there, think about that, they're already targeting and wanting to target military members. to put them on military bases

what does that do to men and women serving on the bases. andrea, i want to get your thoughts. andrea: as paul ryan mentioned in the opening clip, not just republicans against the plan, it is democrats that don't want deadly terrorists in their backyards. bush administration had tremendous success trying terrorists in new york, like khalid sheikh mohammed, who is in solitary confinement for good. thank goodness he is not on the battlefield thanks to dick cheney. imagine one. family killed by one of these terrorists or special forces men and women in uniform, spent years tracking down these deadly terrorists at the request of the u.s. government, all their work is for nothing as they release them back on to the battlefield. abraham al kosi, we have picture of him, this is the terrorist most recently released back -- he is one of the most dangerous terrorists. he has been released by president obama. back on the battlefield, harris, as the new face of al qaeda. this plan is insanity.

for the president to say this is recruitment tool, there is not one piece of evidence in "inspire" magazine or otherwise, get gitmo a tropical paradise is used as recruitment tool. that is flat-out lie. harris: what is interesting, sandra, the president was wrapping up his comments, they did turn exactly to the politics he says have stopped gitmo from closing. he began to defend why he hasn't gotten it done yet. sandra: we know he can go at it alone with executive action. judge napolitano was on fox news a few minutes ago, saying exactly that. he has all the legal right in the world to go at that. judge napolitano actually concluded that the president's statements there was a hint of, i'm going to do this anyway. you're getting political fallout. republican senators in each of the states that you just detailed, harris, that could possibly have to welcome these detainees are speaking out firmly against this. pat roberts from kansas, tim

scott from south carolina, cory gardner from colorado. they say our states and communities are opposed to moving the world's deadliest es terrorist as on to u.s. soil. the terrorists should remain at guantanamo bay. time to discuss the political fallout if he goes at this. harris: what is interesting what you just detailed there, sandra, it is not just, not in my backyard, it is not in my country. i want to visit the numbers for a second. the president talking about savings, i read some of the proposal that was out for all of us to read, $475 million in construction costs. so i guess the savings is going to have to be offset for a while? i'm not quite sure. >> it is infuriating when all of sudden the president acts like he cares about spending money. andrea: how conservative he is. >> we complained all along we were spending money stupidly at gitmo. we were building soccer fields. doing crazy things down there,

to now say you will stop spending, you didn't have to spend as wildly as you did before. my main concern is, as these enemy combatants return to the battlefield, they become terrorist superheroes. they go, they're at gitmo. their following becomes legendary. we have given them so much power by holding them and releasing them, it is making the problem so much worse. can you imagine the following of these people as they go back out there, which they have, the 30% rate is very low. harris: that was -- >> that was according to james clapper. that was clapper's report. harris: white house said, no, no. that number is inaccurate and much lower than that let's not miss the timing of this. president is getting ready to go to cuba next month. we know about normalized relations part of his agenda. you have a quick thought. andrea: quickly it will not pass congress. he will issue executive order. it will go to the supreme court conveniently without conservative justice scalia

there. to melissa's point, the cost excuse is farce. it will spend hundreds of millions to recapture it. imagine special forces after release them on battlefield, they will spend millions having to recapture them. it is insanity, it is illegal and it is disgusting. harris: we'll move on. caucuses getting underway later today in nevada. first in the west nominating contest for republicans now. will this make a difference, this part of the coverage? ted cruz firing a top campaign staffer after another controversy. many watching to see if other candidates will try to capitalize as it appears the senator could stumble here. also ohio governor john kasich said women left their kitchens to help him get elected to office back in the 1970s. some backlash over that. is it really all that offensive? kasich says it was just all about the grassroots. we go live online with "outnumbered" over time. ot, baby by.

foxnews.com/outnumbered. click on the "overtime" tab. get there early. the traffic is heavy, baby. take the high road. andrea: bumper-to-bumper.

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♪ . andrea: it is decision day for the final five republicans in nevada where donald trump is

looking for his third straight win. but there's a big controversy brewing on the campaign trail. yesterday ted cruz firing his communications director, rick tyler, after he spread a video that misrepresented comments marco rubio made about the bible. the fiery reaction from rubio and donald trump who both claimed deception is part of cruz's game. >> it is incredibly disturbing. you guys have to be seeing this. now every single day something comes out of the cruz campaign not substantive and untrue and goes after my campaign. we have to start asking about accountability. >> this guy cruz lies more than any human being i have ever dealt with. [booing] unbelievable. and he holds up the bible and he lies. this guy is sick. there is something wrong with this guy. andrea: if you thought cruz would be apologetic last night on the factor with bill o'reilly think again. the texas senator firing back at

both trump and rubio. listen. >> it is a very strange dynamic where two of the candidates in this race, donald trump and marco rubio, whenever anyone points to their actual record, they won't defend their record, they won't even discuss their record. they just scream liar, liar, liar. and both of them have been engaging very nasty, personal attacks relentlessly and daily. it is all false. andrea: who is right on this one? melissa francis, dirty tricks cruz or just personally attacking them, trump and rubio. who is right? >> my -- you're borrowing before our show, amazing trump makes outrageous comments, he seems to call people names and it comes true. like with ted cruz, he said he is liar, dirty tricks. then all of sudden this thing happens and kind of repeats on itself. in a bay it is funny and outrageous, they're all doing tricks and dirty tricks. they're politicians.

they're on the campaign trail. this is what happens. the big problem, ted cruz was he is trusted, honest and christian, won't do these things. it kills his brand. that is the problem. andrea: yeah, especially, david on heels of iowa where ben carson alleged same thing. now you have carson and rubio, i believe rubio is right on this. >> right. andrea: his spokesman issued a statement, classy, on point, they fired back because it was unfair attack that hurt him. >> not only unfair by twisting facts. it was a lie. melissa was supposed to have rick tyler on yesterday by the way. we were hoping to get him comment. he canceled after being resigning or being fired. pinning it on rick tyler will not work. i wonder whether this is beginning after electoral death spiral for ted cruz. may well be. happens exactly the time when marco is getting all of the establishment republicans around him. now i know establishment is a dirty word this election cycle

that could work against him in a certain way and in favor of donald trump but it looks like we're getting to a pure play. donald trump, anti-establishment. marco rubio pure establishment. that will be fascinating to see how it works out. andrea: ted cruz, harris, hindered by this. his supporters, anti-establishment supporters may naturally move over to donald trump perhaps over a marco rubio. harris: yeah, you know, part of the problem for ted with this is complete as narrative. if anybody had a question about whether or not he was complicit or knew about what was happening in iowa, if he knew about what was happening with rick tyler with regard to rubio, completes the narrative, is your campaign so out of control, that your top staff, you have no idea what they're doing? is that how you're going to run the country? it is problematic for him, irrespective whether or not anybody tries to capitalize on this it looks odd. it's time to ask that question. now you're on the day of the

nevada caucuses and what's he going to be talking about? this. that is not good for him. andrea: it's not. sandra, even though he fired rick tyler, again this is on heels of iowa where he took a lot of heat for dirty trick against ben carson. do we invoke my dad's wisdom, the fish stinks from the head? if it was his team's fault he wouldn't we see a bigger shake-up, right? only one person going by the wayside. david, great to have you on the couch. >> thank you. sandra: you have a lot of perspective looking back at campaigns. >> you're saying i'm oldest guy here. that's the truth. sandra: i didn't say that david. we love having you. no, it is your experience we love. when a guy like donald trump, the front-runner, the guy says he is sick, something is wrong with him, we've seen politicians say this in elections past, similar things, when he says it, it sticks and changes the way people see their candidate. what is so different this time? why is it so different? why is he having such a bigger impact?

>> because the fact he is -- he is looking at the political scene as you or i or folks out there would look at it, as an outsider looking in having a voice. that is why frankly, that's what fox news tries to do. we try to ask the questions folks out there are wondering. we're not insiders. we like to be outsiders. we like to be kind of the rebels. he is a rebel. to have a rebel be a leader -- big question i have, when does he start treating democrats the way he treats opposition in the republican party? when will he go after hillary the way he talks about other candidates. andrea: i think it hurts him. because religion is big part of his name. >> cruz. andrea: hypocrisy is what gets these guys in the end. stay up with late tonight, with bret baier and megyn kelly for full coverage of the nevada election results. fire up the important con and coffee. it will be later. don't worry, it will be worth it.

we'll take you through 1:00 a.m. keep it right here on fox news channel all day and evening for the best possible political coverage anywhere. with bernie sanders's campaign likely facing a do-or-die moment come super tuesday, a former white house speechwriter says that sanders is blowing his chances at the nomination by not exploiting hillary clinton's biggest weakness. that secret server. more on that. plus a new twist in the battle over supreme court justice scalia's open seat. a video surfacing of vice president biden as a senator in '92 saying no justice nominations should be made until after the election. is this a game-changer? >> the supreme court justice resigns tomorrow or within the next several weeks, or resigns at the end of the summer, president bush should consider following the practice of a majority of his predecessors, and not, and not name a nominee. also my passion.

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♪ sandra: is bernie sanders slipping further behind the hillary clinton in delegate count there are questions whether the vermont senator is blowing it by attacking her over her scandals including the fbi email investigation and benghazi. that it could have cost him victories in iowa and nevada. and ultimately perhaps the nomination. "washington post" columnist marc thiessen a speechwriter for president bush bush writes, sanders said he will not politicize the investigations. that is a mistake. if majority of democrats believe clinton is dishonest and electable, she will win. if they can be convinced she is dishonest and unelectable, she is toast. all right, david, is he making a huge mistake by not going after her? >> i would love it if he did but

frankly he won new hampshire and, his numbers didn't come down in new hampshire despite taking the high road, if you will. i think it's a huge issue. i think that there's enough information out right now that if anybody thinks that hillary has not been dishonest about at least part of this email mess, they just haven't been keeping up with the news. there is so much information. yes, it would emphasize that more if he brought it out, but he did rise in new hampshire and elsewhere, despite taking the high road. i think he is being hurt by other things. we can get into that. sandra: all right. but is there a chance he might change course here? if he doesn't gain momentum and have a few more victories, might he decide to go after her? >> that is interesting question. making the point that she is a liar. scott pelley did a great job by getting out there they can't tell the truth even about telling the truth. campaigns are ones that stick to their knitting and image.

bernie sanders has run a positive campaign. that worked for him. he has jubilant commercial. so i kind of feel like for him he might be making the correct choice because people who follow him feel like he's positive. they want to be a part of it. he could say, you want more of the same? you like me because i'm different, i'm not the establishment. she is the establishment that works and isn't terribly -- >> you have to make sure people are informed. hillary clinton painted this out as republican witch-hunt. there are facts perhaps supporters should know about. andrea: liberals are not morally ground enough to think that it is a big problem. why bernie said i'm sick and tired about emails. if he were to change course, sandra he wouldn't be credible. he took that off the table f i were him and donald trump and if i were ted cruz i would make the case at best she is incompetent. she potentially caused largest national security breach.

remember valerie plame and how upset liberals were over that. he could argue that tenfold with the information she released. mostly about libya. we see isis metastasizing in libya. the nation building that took place after out ofs of gadhafi at clinton's insistence. if i were sanders, cruz and trump, i would be banging the drum on fact isis metastasized under her watch. >> if you need help, call andrea. do you think there is a missed opportunity? harris: republicans don't need to focus on each other if they do that. good luck with that. >> they could focus on rubio. harris: to answer your question, missed opportunity, you know i have been in the camp i wasn't always so sure in the beginning bernie sanders wanted to be president. i think what bernie sanders wanted, exactly what sanders gotten. he has got a movement. he is really good at that. he is really making sure people matter in the room even though his policies may cost, 11,000, 50 trillion, whatever dollars. he makes people feel like they

matter. >> he moved hillary to the left as well which he likes. harris: that is true. he runs this positive campaign. he is still rein reigning supreme among all candidates on both sides of the political aisle as trustworthy. sandra: he hasn't prove general being able to beat hillary clinton. harris: that may not be his goal. he may want people to feel something and make people want to make a change. >> move america towards socialism. that is the face it. andrea: feel a burn, specifically, sizzle. harris: i don't know if they're feeling that. andrea: senate republicans meeting today for the first time since justice antonin scalia's passing giving them a chance to fall in line behind majority leader mitch mcconnell. just a short while ago he repeated his position that the senate will not approve any supreme court come knee offered by -- nominee offered by president obama after the november election. this as video emerges from the archives of then senator

joe biden in a 1992 senate floor speech saying president george h.w. bush, should wait to fill any supreme court vacancies until after the presidential election. >> it is my view, that if the president goes the way a president's fillmore and johnson and press as election year nomination, the senate judiciary committee should seriously consider not scheduling confirmation hearings on the nomination until ever, until after the political campaign season is over. andrea: hmmm. i love videotape. in a bit of what you could call political jujitsu, yesterday the current judiciary chair, republican chuck grassley repeating biden's 1992 remarks, word for word, dubbing them, the biden rule. to argue against hearings on scalia's election. vice president biden is pushing

back saying in a statement said, the clip is not accurate, it is not a description of his views. then as senator he insured prompt consideration for supreme court nominees. okay, sandra, even when there is video, that wasn't my. it was a stunt double. it was my evil twin, a la "days of our lives." do you buy it? [laughter]. sandra: what do you make of all these republicans stepping forward and going contrary to the republican tone right now? you said chuck grassley. what about senator mark kirk, illinois republican? saying not only should nominee get a hearing but also a vote. why are they sticking their necks out, andrea. andrea: interesting question, harris. the republican party is little bit divided. harris: has nothing to do with the constitution. i'm serious. i think nobody wants to be seen as second-guessing the constitution. but you know chuck schumer can check his box too right alongside the video you just showed of a younger joe biden he basically said the same thing back in 2007 i think it was. >> he absolutely did. harris: so democrats have come

down on the side of, we want a to buck the constitution and we want to have it our way. so both parties do it. it is politics. there is a lot coming down the pike for them to work on. can they just get together to get it done? >> enough hypocrisy to go around, always has been inside the beltway but there is a fear in back of a lot of people's minds, if the white house goes way of democrats and since donald trump and other rebels have been beating up on republicans inside of the senate, that the republicans might lose the senate. there are a lot of moderate senators in the republican party who may lose because of the stuff they have been getting from trump and cruz. so if you have a democratic white house, and a democratic senate, they're going to get not only this supreme court justice approved but perhaps a couple of others as well. >> i think jeb bush super-pac is sitting around wondering what to do with all the money and should buy airtime and loop the joe biden video again and again and again. let the american public watch this and see how one side

flip-flops to the other when it suits them well. i don't know, it makes me very, very nervous to see that supreme court seat replaced on this watch. i hear you. i mean you want to go with what the constitution says. harris: not just me. i think america would want that, right? andrea: to be consist r consistent, melissa, i do think president obama can constitutionally put to forth a nominee, why not follow obama rules? he want ad filibuster. he voted no on roberts. filibustered alito and play by his rules and ask for filibuster. he won't get it. harris: play "outnumbered" rules. no, i'm serious, let everybody put forth idea. why not republicans put forward a nominee. they can do it too. you don't like my nominee. i don't like your nominee. you don't have a bad guy. that is how we roll on "outnumbered." >> the faulkner rules. andrea: i can't sign on to that plan, harris.

all right. ohio governor john kasich, he got a lot of people upset when he said, listen to this, women left their kitchens to help him get elected to office back in the 1970s. did he really say something offensive or was he just telling the truth about the times back then? ♪ this is shaving.

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affairs. there are literally been run out of his friends kitchens and many of his early campaign teams were made up of stay-at-home moms to try to twist his comments to anything else is just desperate politics. here is what governor kasich told megyn kelly about what happened. >> i operate on a high wire. i don't use a net. i'm not scripted. i don't have a teleprompter. every once in a while you say something, maybe shouldn't say it exactly the way you should. look, i'm not going to change that. >> let me play for you exactly what he said so you can hear his words before you judge it. do we have that. >> how did i get elected? nobody, i didn't have anybody for me. we got an army of people who, and many women, who left their kitchens to go out and door-to-door and put yard signs up for me all the way back when, you know, things were different. >> yikes! he also said in another interview if he offended anyone he would be happy to apologize but he said his comment wasn't

intended to be offensive. back and forth. harris, let me start with you. fact of the matter is, 1970, 40% of the moms were stay at home. 53% worked outside of the home. he was talking about the '70s. he fell over himself to try to explain how his campaign was. maybe you say i said something stupid. i'm sorry. harris: he is effect tiffly also saying that too, if he will pick a narrative got to stick to it. were they stay-at-home moms or working campaigns in their kitchens? that is kind of interesting actually to know how that kind of comes together. we focus towns come together in people's houses, caucus states, rather. he has to pick one. when do women get to be so delicate anyway? is that where we fall down on candidate based on one comment like that? he tried to clean it up. let's see what happens moving forward. the president today wants to close guantanamo bay. we could be talking about that. sandra: hillary clinton's camp seized on opportunity. tweeted out pretty much immediately following that comment. it is 2016.

a woman's place is wherever she wants to be. harris: she is hoping it will be right next to her because she is bleeding it. >> we all listened to his remark. i read it. different when i heard it. i will speak for myself. i kind of cringed. not because it oaf phonedded me. i'm thinking this is -- offended me, people will stay offended. let's leave it at that he turned this into opportunity to say i wish a few more people on the campaign trail would go off script and answer real questions from real people and guess what? sometimes you say things you didn't really mean in offensive way. it could come off that way. >> that is great -- that line, i play without a net. i do things that other people don't do in scripted way, was, i think a direct hit at hillary, for one. but again the 1970s a different time as you point out. things were different. people, there were a lot more stay-at-home moms than there are today. that is when he -- pull rank on you guys, once again. i remember the 1970s. he didn't say they were all in

the kitchen, again, that is not exactly what he said, but he was, he was playing, thinking back to when times were different and he is kind of an old-fashioned guy. andrea: are we going to pretend we don't know what the feminine mystique was about by betty friedan. liberating women from the kitchen to have something bigger. that was issue for women in that era. hillary clinton thought it was beneath her to be in the kitchen. she wouldn't stay at home and bake cookies. she has insulted stay-at-home moms numerous times. i think it is odd she would weigh in but she is opportunist. women's place wherever they want to be, whether at home with their children or volunteering on campaign. i think john kasich, he always seems to go back to a different time, when he says chicken in every pot. like the guy is trapped in a time warp! >> he is. andrea: we're in 2016, john kasich. someone get the guy a calendar, please. harris: maybe he is hungry. >> he could be thinking about

going home to his own kitchen. there was away to seize opportunity and shape message. no i don't, because i think he could have said times have changed. they came out of the kitchen to work on campaign trail, to do more things. this was the '70s, like you said. he could have taken that as a time thing. or i think even better, just to own it say, gosh, we all say stupid stuff from time to time. who hasn't. i didn't mean that the way it came out, you know? andrea: to quote the governor, we all need to relax. harris: going forward on day of caucuses in nevada. do you think it really matters? do you think people will be that sensitive. andrea: john kasich doesn't have a path forward anyway. harris: goodness. >> does it affect him -- andrea: people put out yard signs and -- >> does it affect doing something else besides president? does it affect him being vp. harris: president wants to close gitmo. we have bigger issues. >> bigger fish to fry in or out of the kitchen. my goodness.

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andrea: more "outnumbered" coming your way. first we go to jenna lee what is

coming up in hour two of "happening now." >> we have details, sketchy at this time, an explosion at power plant not far from london. early reports suggesting there are casualties. it is being called a major incident. video viewed by fox shows there is a big dust cloud. sanders is drying to convince voters he can make up deficit to hillary clinton in part reaching out to minority voters. we'll have a report. john kasich holding a rally right now in georgia. you've been speaking about john kasich. last hour former homeland security secretary tom ridge endorsed him saying he has best chance to beat hillary a new poll in his open state shows trump beatings him there. we'll look at that at the top of the hour. andrea: thank you. harris: i will say it again, there is new fallout over the battle for privacy rights in the digital age. this is like part seven in this story. bill gates is coming out against

apple and backing the fbi in its order for the company to hack into the san bernardino's gunman's iphone. the microsoft founder l it to police getting phone records. this is new "pew research poll" find 51% of the americans support fbi efforts in the terror probe. a few hours ago, attorney general loretta lynch weighed in first time, saying law enforcement should not be hindered in it is investigation of terrorism cases or any criminal investigations. a group is planning protests around the nation in support of apple's battle to protect user's privacy. now we've gone beyond whether or not we'll get stuff off this guy's phone and that's going to be the sort of nugget at the middle of the investigation too. people in the streets versus big corporations. >> belt issue for -- well the issue for apple itself is gone over. there are thousands of iphones all over the country prosecutors want to get into. it is not just about this one phone. if it was just about the one

phone, we wouldn't have issue. harris: you think so? >> absolutely. new york city alone, bill bratton, the commissioner, police commissioner in new york says there are 175 iphones they have, just this one city that prosecutors are trying to get into. so -- andrea: paris? >> this is setting a precedent where they have to have some kind of deal for all the thousands of, thousands of i phones prosecutors want to get into. harris: david, i'm sitting between it today. sandra: sorry, they belong to terrorists that killed to multiple people, david. there is a big difference. there is reason why the government wants this particular cell phone. >> they should be able to get into that particular cell phone. i'm explaining apple's position. what apple is afraid of, this will set a precedent for them for all other prosecutors around the country. if you open this iphone, you can open these thousands of other iphones. sandra: i don't even think apple is being honest with us to be truthful. when i talk to cybersecurity ceos they say every time you build a system there is already

a backdoor. when tim zook says he will have to build a backdoor and other hackers get into it, i do not personally believe it doesn't already exist. i think either he doesn't want to share it or he is sharing it and doesn't want the public to know he is sharing it. >> sharing it with whom? with the nsa and others? >> and the fib by i'm not convinced necessarily they are are not cooperating and this is all for show but i think they definitely can get in without question and they're putting up a brave front because they know they will lose a lot of customers. harris: all right, but the bigger picture we're looking at, andrea, bill gates is siding with the fbi. you could maybe the argument it is about marketing and they are competing on opposite sides of issue. people will protest because this becomes a big preach for the federal government. andrea: bingo. harris: for the reason you mentioned because they're not necessarily terrorist phones, however, precedent knows no bounds it would seem at times. andrea: bingo. it is not big corporations versus the people.

it is the federal government, big brother, versus big corporations who are protecting our privacy. tim cook knows that the feds can get into that phone if they want to get into that phone. the feds are the ones being disingenuous. they can do a force break on the phone. david hit the nail on the head. they want to set a legal precedent so they can get into anyone's phone if they want to get in under law enforcement guidelines. look what this administration has done in the past. they used the irs to target regular americans. they have shown they are able to go rogue. so the legal precedent they want to set is absolutely dangerous and it affects all encryption technology. >> hold on, why is it anymore dangerous than the government saying they want to look at terrorist phone records or their bank account records? why is it any different? that is bill gates's argument. andrea: to be able to do that you need to have a warrant. you just can't go digging into people's phone records. sandra: they do. andrea: they should be able to

go in to prove to court -- sandra: court told them to give information. >> ask the nsa. nsa has all the records. that is a question judge napolitano was asking. why don't they walk over to the nsa, give us this information? why are they going to apple? harris: according to reports they don't have anything inof this particular phone. it doesn't have the fingerprint technology we alluded to on the couch yesterday with one of our guest. >> by the way the fbi made a big mistake. the phone was not owned by terrorists and it was owned by the city of san bernardino. the city had ability to change the password back when the fbi initially investigated it. they didn't do. andrea: there are ways they could have gotten into the phone. they're choosing not to do it to set a precedent for other cases. harris: we'll cover the details as they continue to roll in. when you go on a job interview you should always have a plan for what you will say, even if your eggs are cooked wrong. hint, don't freak out.

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my lineage was the vecchios and zuccolis. through ancestry, through dna i found out that i was only 16% italian. he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian was eastern european. this is my ancestor who i didn't know about. he looks a little bit like me, yes. ancestry has many paths to discovering your story. get started for free at ancestry.com sandra: breakfast supposed to be the most important meal of the day. it could make-or-break your career. the ceo of a financial firm, charles schwab, sometimes talks to job candidates over breakfast. but get this, he says he arrives

early and asks restaurant staff to mess up the candidate's order. >> evil. sandra: to see how that person deals with adversity. i think this is genius. >> i do too. sandra: david, you love it. >> i absolutely love it. best managers say you make more mistakes than you have victories and key is how you turn lemon into lemonade. that is exactly when you want, but i'm dying to know why melissa is saying evil. >> my two trips to the emergency room in my adult life, are breakfast related injuries. i was cutting a bagel. >> oy, no. >> disgusting. i poured cream of wheat on my hand. gave me a so sear burn i went to the hospital. i can't be trusted to make any decisions and definitely not to send any emails. those are ugly. that said, if i was getting interviewed over breakfast, i tell you what, i would eat first. >> good point. good point.

harris: my parents are diabetic it. would be particularly cruel to mess with my meal. i would never give them the power. way too controlling. he would only think messing with me. >> how you treat people. this is a great test. i look to see how people treat staff. shows what kind of person. if a person messes up order, treat them like garbage, shows you're not a kind person, this is from a restaurant owner, daughter and former waitress. we make mistakes. if customer can forgive and not scream at us and demean us in public i think that points to their character. >> sandra: what if the person says nothing at all, afraid to speak up, don't say they got the wrong order are they pushover? >> i have to say my first job interview, my first job interview for journalism, i was eating a plate of peas and meet meat. spilled whole thing over guy interviewing me over his lap. i got the job anyway. it can work out.

harris: you're a sweetheart. >> david asman, thank you for being here. melissa francis as well. >> back at 4:00 on "after the bell.". andrea: that's it. sandra: "outnumbered overtime." foxnews.com/outnumbered. click on overtime tab. we'll be there. "happening now" starts now. % >> a commuter train thrown off of the tracks after slamming in a crane and the terfoying moments leading up to the crash. >> the defendant was highly experienced with arms. >> and tv appearance in a high profile murder trial. >> he customized the murder. >> and should the defendant get a mistrial? >>