mother. they're keeping it in the family. i don't think you have to do that in every state, though. you don't have to show your i.d. thanks for being a part of a busy story. the debate tomorrow night here on fox. have a great one. it's 3:00 on the east coast, noon on the west coast, high time for the republican establishment to do a bit of soul searching. after donald trump's string of wins last night, the gop leader faces a moment of truth. do they keep fighting or jump on this train and see where it takes them. what about ted cruz, his victory in texas can keep them going for a while. marco rubio is in it to win it. never mind the polls. if donald trump does become the party standard bearer and think of that, what does it mean for republican control of the house and senate. we'll look at last night's results for clues about the trump effect. and we're hearing mitt romney

will make a major announcement about the race. what in the world is he going to say? and who will be listening. let's get to it. that was quite a thing, wasn't it? first from the fox news death. we might all be saying it's over, because well -- donald trump dominating super tuesday, not just in one region, not just with one group, one color, one economic bracket. dominated all over the map. at this time in 2008 real clear politics called john mccain the near certain nominee. a new york times column four years later called mitt romney the presumptive nominee. donald trump pulled off even more convincing wins than either of them. still, even his own party's bigwigs that somebody, anybody else might win. taking a look at the scorecard from last night, it's hard to see how anybody else can win.

ted cruz wracked up some wins, including his home state of texas. it's loaded with delegates. he's urging that -- trying to argue now that the only candidate who can take out donald frump is himself. he's calling for liz rivals to drop out. >> for the candidates who have not yet one a state, who have not wracked up significant delegates, i ask you to prayerfully consider our coming together, uniting. >> prayerful league consider uniting, in other words, all of you go away. that's a reference to rubio and kasich. rubio has the most backing from republican leaders in corning, there's no doubt. the stalwarts are all for him. the donor class seems to be as well. then there's the voters. marco rubio won his first state, minnesota. a state where rubio spent a lot an campaigned hard. the rest of the night was a rubio disaster, other than minnesota and the second place finish in virginia, it was a

streak of third place flop after flop after flop. marco rubio says he's not going anywhere, and insists he will win florida. oh, really? the real clear politics from florida has him down 20 points to donald trump. of course, rubio claims those numbers are wrong. >> those are not accurate numbers. we have our own numbers, i think we'll see other numbers here soon that will show the same. it's going to be close, there's no doubt about it, we know how to win in florida and we will. especially once donald trump is exposed. >> donald trump is exposed. >> if the voters haven't already turned on donald trump. they question whether anything is going to cut into his support. what would. trump seems to be forgetting the war with his rival and looking ahead, to the general election. >> i'm a unifier, i know people are going to find that hard to believe, believe me, i am a unifier. once we get all of this finished, i'm going to go after one person. that's hillary clinton. on the assumption she's allowed

to run. >> on the assumption she's allowed to run. >> another likely sign of donald trump's confidence, he doesn't have one single public event today. even as his rivals frantically stump for support. carl cameron begins for us from detroit. it looks like there might be at least one casualty from super tuesday, or something like that, because there's still a lot of money and -- well, you explain it. >> we're talking about ben carson who will not be in detroit for the debate tomorrow night hosted by fox news in his home down. ben carson has put out a statement saying he has decided not to attend the debate. he's not suspending his campaign, but he has acknowledged that he does not see a path forward for the nomination for himself. mr. carson said he will go to the conservative political action conference on friday. and elaborate further on his

plans. and insiders say that in effect mr. carson will not be seeking votes any more. having gotten into the race based upon the grassroots support that he got by saying to people across the country for the better part of the last two years, if you want me to run, you'll have to give me donations and show me support so i know i have that face. he wants to do right by them. he'll tell us what that is comfrey. it's not likely to be be collecting votes for his own presidential candidacy. >> what is mitt romney doing? >> getting attention and weighing in on the 2016 race. donald trump has been pounding on mr. romney since his 2012 defeat. mr. romney, his supporters would like to hear him say he'll be getting in the race tomorrow. he's getting on a speech in hinkley college tomorrow. that will bring his point of view into the debate.

not just tomorrow night on stage in detroit, but into the debate on the campaign trail. the idea that donald trump is going to be moved by it in anyway, if it's criticism about some of his rhetoric or the candidacy he's running, is pretty farfetched. trump has very little regard for romney. the idea that mr. romney would get into the race having said no, no, no, no, no, no. the last time after flirting with it a little bit at the beginning of last year. all of that is past. he's going to make comments on what it means to be president or at least run. we'll see how he decides not to get in the race and tell donald he should get out when he's the front-runner. >> that sounds like a tall order. carl cameron is in detroit. thank you, good to see you. glenn hall is here now, u.s. editor for the wall street journal. you have a donor class and party

elites and party establishment and previous nominees all lining up against what the rank and file want. that's a separation. >> a real splintering. >> by any definition, hasn't the party now split? >> they've got to decide, right? this is definitely a moment of truth. >> didn't they just decide, the donor class, the forther nominee? all the power brokers have said, over leer, all of the voters are saying, no, we want to be hear. that is by definition a divide. it's already happened, hasn't it? >> it's definitely true. trump has brought in a new class of voter, he's got his own coalition, he's got his own momentum building, and the people who are in power in washington are trying to figure out whether they're with him or against him. we're seeing that splintering. even within those that are party establishment. >> mitt romney, the last carrier of the republican flag was mitt romney. i don't know what else mitt

romney could do to make it clearer. is the party establishment -- the party establishment is really important in this next part. in the general part, i mean, they have the data, they have the zoner bases. they have the phone numbers, they have everything that you need as a candidate. are they going to work with this man? >> it's interesting to see former chairman of the gop saying that they could not support him if he's the nominee, on the other hand, you have governors and former governors and congressmen saying, that they want to endorse him to become the nominee. there's a real real rank and file divide here, i don't know how that plays out for the gop, it can't be healthy going into the second phase of the general election. >> it sounds like what they want is for these other candidates to stay in and keep -- make it such that there's an electorate delegate spike, come convention time. but i'm trying to imagine this world where there's a delegate fight where donald trump gets

almost everything. but doesn't quite get the delegates. what are you going to do against him? and where do your voters go? >> right now you have ted cruz within 100 delegates. it feels like a gap that can be closed if you're in his camp. especially on that consolidation theory we talked about before. >> that's. >> when you look at the states he's won, it's not the mainstream states. there is definitely a question whether he's viable outside of his base. trump still expanding his base, getting into new territory of voters supporting him that we didn't see before. >> the republican party has been trying to grow its base, it's trying to bring more people. he's just done that, and the numbers are there. from texas across georgia, tennessee. the numbers are there, he has expanded this party. there's no doubting that. >> he's bringing in new voters. seeing turnout higher than we've seen in a long time. all of these things bode well for his candidacy. even if the party leaders are

not comfortable with it. that's a divide they have to figure out how to bridge or -- >> there's still the talk of supporting another candidate in the miss. we can hear people reaching. >> then you can't even deny it, no matter who you are. >> how will they put this back together if they can. >> put what back together? >> the party. >> what's left. >> where would you begin? with the last standard bearer, mitt romney? i'm serious, where do you begin? >> i think they need to begin on ideology. and getting their head around the message, what is donald trump bringing. trying to figure out how to reconcile that with the other tones of the party. >> are they paying any attention to ideology now, because i could take off everything that is not conservative about donald trump if we wanted to, everyone else has done that. it doesn't feel like people are paying attention. >> his supporters are coming around to, he is for lower taxes, free trade. they're finding those areas of

agreement, and those supporters, that's what they're talking about. the negaters are those who are saying. >> i thought they were talking about the anger. that's what i hear, they're mad the party establishment has been saying one thing and doing another. i hear them every day, our reporters are out there talking to them. we're mad at these people. they keep saying they're going to do something, they're not doing it. i'm going to go in another direction. here wanders up donald trump. >> i'm agreeing with you. i was speaking to the party elite speaking to donald trump. on the ground, absolutely, it's about being fed up with washington, and about finding somebody who can speak trump is lly to them. speaking his mind. even when he goes off key. he's being honest. there's a sense of that support being built around those two ideologies. >> less than 10 minutes from now, we'll have a republican mover and shaker. i'll ask him about that split. give some quotes from party elites in washington that are mind-boggling.

nice to talk to you as always. the next republican debate is tomorrow, of course. brett, megan and chris will be there as moderators. 9:00 eastern time. 8:00 central right here on fox news channel. that ought to be a fascinating debate. i'm looking forward to it too. we've heard concerns about whether donald trump's campaign can make it tough at least for republican lawmakers to get re-elected. what does this mean for senators in blue states and purple states? a look at what last night's results actually show. and how they have nothing to worry about? the trump effect coming up. a heart attack doesn't care if you run everyday,

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senate. lose house seats and senator seats. last night there's plenty of gop incumbents facing challenges. how does they do? they did well. rich, how did this go? >> several senior congressional committee chairman have successfully provided primarily losses, it's an unexpected scenario that ended eric cantore's congressional tenure. perhaps learning from cantore's missteps. brady, sessions, smith and john culver son, all successfully campaigned to secure their party's nomination. many cement some serious money to do so. shelbey spent $5 million to prevail in his primary. >> republican leaders have spoken out against trump?

>> they have. they fear it will cost the gop seats in the house and senate. and even in state led elections. trump would be an albatross around the necks of congressional republican candidates. paul ryan has criticized trump for his failure to immediately reject a white supremacist endorsement. >> if the person wants to be the nominee of the republican party. there can be no evasion and no games, they must reject any group or cause that's built on bigotry. >> i don't know him well, i'm sure i'm going to get along great with him. if i don't, he's going to have to pay a big pras, okay. >> cruz' campaign says the texas republican will energize conservatives and help gop candidates. >> a political super pac just made a new move to accomplish its only goal, stop donald trump. that should be interesting. the republican

establishment's effort to sink the gop front-runner. i'll speak with a top gop strategist, a man who worked with the george w. bush administration. wonder what he has to say about this split in the republican party. is this something you can put back together? if so, how do you do it? and how do you look at people who are convinced i want trump to be my president. how do you look at them and say, no? that's coming up.

the republican establishment, whatever that is is not giving up on stopping donald trump. a super pac is committed to defeating donald trump. they just hired jeb bush as their director. they plan to fight until the

last delegate is counted to make sure donald trump does not get the nomination. others say, it's too late, trump is unstoppable. doug, good to see you. >> good to see you. >> is this split -- has it happened, is it permanent? how do you put it back together? >> i think it's definitely here, and it's real. two different years attending the house republican meetings on tuesday or wednesday morning. the split that republicans were having were going to mean that essentially mom and dad were going to have to have the fight in front of the kids. that's not exactly what's happened right now. to some extent the crazy uncle has showed up, he's led the fight, insulted everyone in the family. that's why we see a party at wash with each other right now, and not proposing what i think a lot of us would like to see, a real solution as to how we grow

jobs, grow wages, get washington back on track for the american people. trump hasn't offered those solutions. >> he's compared trump backers too -- as those who accommodated the nazis in world war ii, and said today, he's blasting republicans for supporting someone he called a hideous cancer on an american political life. how did this happen? why is everyone just figuring out you have to fight this? >> i don't know. i first talked about going after trump, holding his feet to the fire in summer. i respect rick. rick like me won't vote for trump if he's our nominee. >> you won't vote for trump? >> i think in any circumstance, nazi comparisons never work unless you're name's mel brooks. i think republican candidates need to be really careful. trump voters are patriotic

americans who are really angry and concerned with the direction of their country. they have a good right to be, they need to find out, it may be too soon for them. how we can bring ourselves back together at some point. it comes with specific policy prescriptions and making sure that we see that donald trump gets the scrutiny that he deserves, not just the attention that he's craved. which has happened for eight months now. >> i don't remember anything like this in my lifetime. people don't know what to do. they call me and say, i can't vote for him, because he's a liar, a cheat, a racist. everything i care about in politics is on the line, and could be lost if i don't vote for him. if you don't vote for donald tru trump, you'll vote for hillary clinton? >> no, i'm going to vote for a good constitutional conservative on election day. >> you just created a third candidate. how is the creation of this third candidate going to happen? >> i don't know. i don't think anybody flows. this is a situation that the

republican party has never been in before. democrats haven't been in this situation. this goes back generations to where we're talking about convention fights again. having talked to people in the cruz campaign, they're talking about delegates and talking about taking this to cleveland. >> i know they are. addition is about the end of my math, i'm really good at the addition part. i've done the addition. no one else can win. the math isn't there. what you're talking about is using the rules. if he doesn't get 1237 delegates, doing something different. his side may call it shenanigans at cleveland. who of these trump voters would then come along with these shenanigans. haven't you effectively split the party in two and assured hillary clinton as the president? >> i think those are fair questions. if donald trump has won this, and it's taken away from him. that's a problem for the party as well. i'm not great at math either. i know about subtraction.

if you look at the things donald trump has said over the past month, we're subtracting the chance of again any hispanic american voters or african-american voters. the things he's said on howard stern's showtime and time again. he's gotten so much attention but not much scrutiny. as efforts are behind, exposing his words and deeds, we're going to see more and more subtraction and make it harder for republicans to win. a lot of senate candidates. john mccain in arizona is having ads run against him. he'll support the nominee, whoever that may be. >> no one is going to call for us to get behind trump. they know the nomination of donald trump means the end of the modern conservative movement in a devastating way. the end of the republican party, is that what happened last night? >> it may be. i think everyone agrees -- >> if it may be, how is it that it may not be. may means it might not be.

are you saying it is or isn't the end of the republican party? >> i hold hope -- >> hope wasn't a strategy for barack obama either, that's why i'm hopeful we're seeing some efforts to expose trumps record, both in lack of policy prescriptions and also the things and deeds he's said. talking about trump university, trump mortgage. voters still don't really know about. all of his outrageous and racist statements he's made, so we can push a constitution al nominee forward. >> 50u8 be voting against hillary clinton and trump? >> i'll be voting for a constitutional conservative on election day. >> one war on benghazi and e-mails against hillary clinton. another war against donald trump offer what he said about black people and women and his university. those two front wars are hard to fight, we learned that recently. >> they sure are. that's the problem of where

republicans find themselves right now. this is a terrible situation for the republican party. and it's one of the reasons why i wish for eight months now we hadn't given donald trump a free pass to say whatever he wanted to, and not attack him because we didn't know if it would work, if he was serious. all these other things that have made him serious, and the front-runner of the party right now. >> doesn't history say what you've just done is what's happened is, two parties have been created. this party that you talk about, the constitutional conservative party. and then the party of donald trump and all of those who are wanting to go in a direction direction. who have been lied to by the establishment for cycle after cycle. we're going to repeal and replace obama care. every person who knows one thing, knew you weren't going to repeal and replace obama care. everyone knew it, even the people who were saying it. they don't trust you any more. do you blame them? were they children and you the parent, wouldn't the child go run away at 16? >> i think people have a great

reason to be angry at both sides of washington. the house and senate have voted to repeal obama care. it's why these elections are so important. it's why we have elections. donald trump is not getting 50% a lot of places. the majority of republican voters still have not signed on with donald trump. it's why this campaign is going to continue for a long time. >> you have ted cruz who is the guy in second place, who nobody in washington will speak to, he's never done anything with the republicans. the republicans like ever for a moment. almost killed a goose that laid a golden egg. you have marco rubio in florida, who can't get any traction. he's coming after donald trump, in the way you want him to. he's losing his own state by 20 points. if you're marco rubio, you're a young man with a promising career ahead of you. a powerful state in florida. do you go ahead and lose by 20su get out? >> i can tell you haven't talked to rubio yesterday, they believe they're going to win florida,

the calls i had with them yesterday. they're talking about delegates and talking about going all the way to cleveland. i'll vote for ted cruz if he's our nominee, absolutely. he's a constitutional conser conservative who talks about specifics in policies and how to get things done. >> how much regret is there going to be during this soul searching process, throughout the term of barack obama, republicans pretended they can do things they knew they couldn't to keep their base organized and active. lots of things. we can go through a list. the republicans said, we're going to do this, we're going to do this, we're going to do this. every one of them knew they couldn't. their constituencies didn't know they could. >> i can only talk about what we did when we worked in the house of representatives. we voted on everything we talked about doing. it was hard work, we had a hard time getting there. >> 61 times repealing obama

care. >> more than 20 of those times, president obama signed changes into law. we have changed obama care, we've been able to repeal it? no. you need a house and senate and president to repeal that bill. if we have a republican president who will do that, we can get it done. >> which one? >> anyone but donald trump. he not oath wants to strengthen obama care, he was an obama care supporter and obama supporter. he wants to take us to a single pair health care plan. >> anybody but donald trump is not on the ballot. >> a bunch of people are on the ballot. they're just siphoning off numbers. it's quite a predicament. >> absolutely, i agree. >> shep, thank you. more on a busy day in politics. think about what happened last night. this is what they're saying now. we have to figure out how to take him down. the republican party trying to take down the republican front-runner because it looks like he might actually win. after hillary clinton won big in several states last night, her

campaign messages and numbers don't lie. bernie sanders says he's going nowhere. because the democrats award dealt gatts proportionally. he just raised $43 million. get used to this face, it's not going anywhere. start saving for retirement. then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges.

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with over a million new business owners to do just that. check us out today to see how you can become one of them. legalzoom. legal help is here. the united statess unanimously approved sanctions against north korea. they're the toughest in two decades. this comes after north korea's nuclear test. police in texas say an officer involved in the shootout yesterday has died. they responded to reports of a shooting northwest of dallas. the cops shot back. david hopper was an nypd officer for five years. his mom said he left the city to go somewhere safer. crews are cleaning up after a 16 car freight train came right off the tracks. it happened last night in

rippley, new york. dozens of people had to leave their homes. officials say two cars were leaking ethanol, firefighters contained them. news continues with sheppard smith right after this. i take pictures of sunrises. it's my job and it's also my passion. but with my back pain i couldn't sleep... so i couldn't get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12-hour strength of aleve... for pain relief that can last into the morning. and now... i'm back. aleve pm for a better am.

hillary clinton is almost halfway to clinching the democratic nomination. her campaign argues the math is clear. bernie sanders says he plans to fight all the way to the election. the sweep in the south was there and it was not close. here's a look atlet latest numbers. the democrats need 2300 delegates to get the nomination. that's their this remember hold. secretary clinton has 1,034 already. she went over the 1,000 mark already this morning. senator sanders has 408 that includes the super delegates, party insiders who can change their minds. and it takes about 2400 delegates as i mentioned, to win

the nomination. senator sanders is behind clinton with a little more than 400. 408. ed henry is here, he covers the democrats. >> it's propositional. >> i don't know why he would go anywhere. >> you come in second and keep collecting delegates. he's talking about income inequality, he's already gotten people's attention. he beat expectation alast night. he wins his home state of vermont, another state. a swing state in the general election. that was a little bit of a surprise to the clinton camp. it's a moral victory, math matticly, doesn't get him very far. clinton's campaign manager put out a memo talking about the delegate map you mentioned. secretary clinton's sizable lead is among delegates. some of those super delegates were with clinton in 2008 and flipped to barack obama. they can change their mind as you said, there's no sense right now that bernie sanders is

convincing these party insiders to come over to his side. he's hanging around. likely to make it to the convention, but not likely with the nominee. >> what's his next move? >> keep raising money, as you noted a moment ago, he outraised hillary clinton in the month of february alone. today hillary clinton is sort of quiet. she's having a big rally, but took most of the morning off. bernie sanders was in maine and said, this caucus this weekend, he plans to win it. >> in colorado and in minnesota. there were record breaking turnouts. we did very well. >> bring your friends, family, uncles and aunts, and everybody -- if we have a large turnout here in maine -- >> his campaign tells me they think he can do well in michigan next tuesday. and sort of bring his message to

the rust belt. even if it were hard to win those states he could catch up. >> california's got over 500 delegates, and that's in early june. i think it's june 7th. the sanders camp tells me think they that's a state he can win. will he be in this come june? we don't know. >> for more on the delegate count, let's bring in steven. he's live in our washington newsroom. are they both right about the page? is donald trump right, barring anything weird he's going to win it. and secretary clinton, barring anything weird, she's going to win it? >> we can start with clinton, and yes. the weird thing that would have to happen on the democratic side, bernie sanders would have to flip the super delegates over to him. i don't see any path for him to get to 2383 without a substantial number of super delegates. his campaign says as much. they have to give them a reason to switch over to him. and the clinton campaign argues

that they've won more delegates in the primaries and caucuses. almost 200 more, that would be bernie sanders main argument. he has to win more states than her, more delegates than her to give those super delegates a reason to switch to them. >> pretty soon it becomes winner take all. not with florida, but down the road, it's winner take all stuff. it certainly leans heavily toward donald trump, does it not? >> right now it does. it's interesting. as well as he's done, he's won 10 out of 15 states, he's still not doing well enough to win the nomination before the convention. he's only won 46% of the delegates so far. you have to win an outright majority. you're right, starting on march 15th, we start having some winner take all states. the states are proportional. they award delegates somehow in proportion to the vote. they're oath nine winner take all states. it makes those states -- starting on march 15th, florida is one of them and ohio is

another. that's going to be a big -- it would be a big win for donald trump if he were to win those states. for the other candidates, it would be big for them to win to try to prevent him. >> kasich leads in ohio, does he have a path? >> right now kasich has been. he's only got 25 delegates. he's only won 4% of the delegates that have been won so far. he would have to win 68% of the remaining delegates. he would have to outperform by how well he does. he would have to win a lot more than ohio to do it. >> have you spent any time thinking about what a brokered convention may look and sound and smell like? >> sure. think about this because there aren't that many winner take all states, most of them are proportional, two things sort of happen. once you build a big lead, you start going back to all these proportional states, it makes it hard to catch out. what if donald trump had 2 or 3 or 400 more delegates than

anyone else but not quite 1237 when you get to the convention. think about what happens at a national convention, the nominee comes in, they set the rules and they make who the chairman of the convention is, they do the party platform, and all of those things. without a clear majority, there could be fights over all of those things. >> will we get to watch? >> hopefully. i mean, certainly, you think back, the democrats, one of the reasons they have all those super delegates, they look back at 1968 and '72 and the fights over rules and platform issues that went deep into the night. it would be a lot of action if that happened. you talk to folks, you know, would it be a brokered convention? well, the better term for it is a contested convention. who would do the brokering? who would be in charge. >> think people are angry now, stand by for anger. it's great to talk to you,

thanks so much. appreciate it. the head of military intelligence warning, the islamic state is now recruiting specialists who know how to make chemical weapons, part of what we learned about the terror group just today. details next.

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so you get a quicker estimate, quicker payment, quicker back to normal. i just did it. but maybe you can find an app that will help you explain this to your father. quickfoto claims. just another way allstate is changing car insurance for good. u.s. special operations forces have captured an operative in iraq. they're not saying who the guy is, or what his exact role was. they tell the americans captured him somewhere in northern iraq, and they plan to turn him over to local forces there. the pentagon announced it was sending a 200 man special operations task force into iraq. last year, they helped rescue a dozen kurdish prisoners from isis. one american died in that raid. a delta force operation last may led to the death of an american aid worker.

and the head of the defense intelligence agency is now telling congress we could be hearin captures and interrogations of islamic suspects over seas. he spoke at a hearing today. what did we learn? >> what we heard from the head of the military intelligence agency is a real departure from the previous strategy, which was to drone suspects to avoid essentially capturing them, and sending them to gitmo. today what we heard from general stewart was something different, we will expect more captures in the future. >> you may have noticed an uptick in special operations intended to capture, interrogate, and gather materials that will give us greater insights into the network. i think that will pay differently in the future.

>> they are already paying dividends in terms of mapping the network of operatives, raising money and the recruitment by isis. the enhanced interrogations under the bush administration that critics call torture did not produce reliable information. those who are part of the programs say otherwise. >> we keep hearing about chemical weapons. there was more on that today, too? >> they are preparing what is often described in the intelligence world as black swan scenarios, these are the out of the box unexpected threats with sweeping consequences. in fact, what stewart said today is that the rise of isis was really not a change. and that they saw isis already morphing from al qaeda some time ago. his testimony appears to back up that criticism that there was strong intelligence. >> can you comment on any concerns you have about the nexus of isis and wmd?

>> neither isis nor al qaeda has walked away from their desire to develop chemical or biological capabilities they could use against the west. >> isis is experimenting with chemical agents and they were sn the kurds and then we heard on the record from the cia director a couple of weeks ago. the bottom line for people at home is the view is that isis wants to develop this technology and ability and then export the rest via social media to some willing participant. >> thanks. >> you're welcome. apple making a move in their battle against the feds. and the head of the fbi admits the agency made a really big mistake right after that attack. details of that, next.

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just breaking in the last few minutes, an nba team co-owner has died after he crashed his suv into a concrete column and did it so hard, it triggered a huge fire. the interesting part of this is it happened right after a federal grand jury had just indicted him. let's go to police in oklahoma city. aubrey mcclennon is his name. he's a big player in the natural gas industry. cops say he was the only one in the suv when it crashed. prosecutors accused him of conspiracy to rig prices for oil and natural gas prices. investigators say it's too soon whether to say if it was a suicide. the co-owner of an nba basketball team is dead. apple has now officially appealed a judge's order that it

helped the fbi hack into the computer of one of the san bernardino killers. the fbi is asking apple to write code to get into farook's phone. apple's ceo, tim cook, says that would set a dangerous precedent but the department of justice insists this is an isolated case and maintains apple should help law enforcement. trace gallagher is live with us. what else do we know about this appeal, trace? >> apple has filed a motion to v vacate the order. both apple and the fbi believe this matter should not be decided by the courts but rather in congress. both testified yesterday with the fbi acknowledging this case could set a new precedent and apple responding that it is

critical to protect consumer privacy against increasingly sophisticated hackers. listen. >> the fbi has asked the court to order us to give them something that we don't have. to create an operating system that does not exist. the reason it doesn't exist is because it would be too dangerous. >> we only use the tools given to us under the law. it's our job to tell people it is a problem. >> members of congress appear split on the issue and now the aclu and several other companies are filing court companies on behalf of apple. shep? >> trace gallagher, thank you, sir. and we'll be right back. i take pictures of sunrises.

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count in the south, mostly involving black voters. hayes was made the president and a messy election came to an end 139 years ago today. "your world" starts now. well, it looks like a soap opera but it's still a presidential race. it's gotten even nastier with news that ben carson could be on the verge of dropping out. hard to say. this much we can say, the candidate is not going to participate in tomorrow night's fox news debate in detroit. we don't know what is going to happen after that. we just know that he's stated there is no viable path to the presidential nomination. in the meantime, mitt romney is back at it again after appearing on this show last week to demand the candidates, mainly donald trump, submit their tax forms. mitt romney says he's going to make a speech in utah tomorrow to talk