♪ good morning to our viewers in the west. it is wednesday, february 17th, 2016. welcome to "cbs this morning." a judge orders apple to help the fbi unlock the phone of a san bernardino killer. ceo tim cook fires back overnight saying he will resist. president obama predicts donald trump will not be the next president. the billionaire takes it as a compliment. can we trust driverless cars to make moral and life-saving decisions? peter greenberg goes for a ride. we begin today with "eye opener," your world in 90 seconds. >> i continue to believe mr. trump will not be president.

it's not hosting a talk show or reality show. >> president obama takes a swing at donald trump. >> i hate to say, that actually is a compliment. >> he doesn't stop talk. it's not what he says, it's the fact that he says it louder and louder and louder. >> apple will fight a landmark court order to help the fbi hack into the iphone left by one of the san bernardino shooters. >> president obama fired back at senate republicans who say they won't even consider his nominee. >> the constitution is pretty clear about what is supposed to happen now. >> [ bleep ]. >> severe thunderstorms swept across south florida, tornadoes touched down. crushed cars, damaged buildings and toppled trees. >> like a freight train coming through. >> people trying to get too close to pope francis during his trip to mexico. >> the pontiff lost his temper and balance. >> amazing rescue at a ski resort in british columbia, an

1-year-old boy dangling from a chair left. >> and the westminster dog show, a super bowl without the tailgating, just the tail. >> the german short-haired pointer, cj. paul mccartney denied entrance to an after-party. and all that matters. >> let's talk about what experts are calling your poti mouth. >> i decided to stop. i do that for emphasis and nonpolitically. >> why don't you have a swear jar. every time you say a bad word you put a billion dollars into it. >> can you help me get to work? >> you are a boughtioeautious t >> high five. [ laughter ] >> this "eye opener" is presented by toyota, let's go places.

welcome to "cbs this morning." apple vows to fight a federal judge's order to help the fbi unlock an iphone used by one of the san bernardino killers. investigators believe syed faro farook's phone may contain crucial information. farook and his wife killed 14 people in the attacks. apple's ceo tim cook says challenging the fbi's demands with the deepest respect for american democracy and a love for our country. he wrote, ultimately we fear this demand would undermine the freedoms and liberty our government is men to the protect. jeff begues is in washington.

>> they believe this is privacy versus security. more than two months after syed farook and tashfeen malik killed 14 people in a deadly terror attack, the fbi says it is missing a key piece of evidence. >> san bernardino, very important investigation to us. we still have one of those killers phones that we have not been able to open. >> reporter: the phone is locked with a pass code and the government believes the auto erase feature is turned on, meaning all information on the device would be deleted after several incorrect pass word attempts. tuesday's ruling requires apple to disable the auto erase function on farook's phone and enable the fbi to submit pass codes to unlock the phone. but the tech company is fighting back, in an online letter, ceo tim cook writes, the u.s. government has asked us for something we simply do not have. and something we consider too dangerous to create. they have asked us to build a back door to the iphone. in the wrong hands, this

software, which does not exist today, would have the potential to unlock any iphone in someone's physical possession. cook, previously defended apple's encryption techniques with charlie rose. >> when we design a new service, we try not to collect data. so we're not reading your e-mail. we're not reading your i-mess e i-message. if the government laid a subpoena on us to get your i-messages, we cannot provide it. >> reporter: it could provide key information on who the couple communicated with and where they were before and after the shooting. on its face, this case may sound like it's just unlocking a cell phone but it's about encryption and how information is protect. for about a year, fbi director james comey has been asking the tech industry with help with encryption issues. he says it isn't just affecting

national security investigations but local police are running into encryption road blocks when it comes to solving murder cases as well. charlie? >> thanks, jeff. cbs news legal expert rikki klieman is here. she's married to new york police commissioner bill bratton. good morning. >> good morning. >> what happens here? can apple prevent the government from using a subpoena to get access? >> apple has two choices here. it either complies, which it has clearly said it will not or it appeals. so what you have is a magistrate who has issued this order. they can appeal to the district court. they appeal to the 9th circuit and eventually get to the united states supreme court. both sides may want this decided by the supreme court. >> but apple says, including tim cook, this asks for the company to create something they simply do not have and it would be too dangerous to create. they say it doesn't exist. >> what the simple thought was, we know that if you enter a

password more than ten times your phone can be, messages, everything in it can be deleted. what tim cook is saying, you are asking to us create a software program. by asking us to do an affirmative act, create a software program, you are asking us to hurt our customers' privacy. >> i think they're going further than that. this is a watershed moment. what tim cook is saying the government's demands are chilling. if they can make it easier to unlock your iphone it would have the power to reach into anyone's device to capture their data. an overstatement by them or true? >> it depends. it depends. this is a very narrow case. if you've got a narrow case like this, you have two dead people, who are engaged in a terrorist act. to get into see where they were walking, where they were during the time where we don't know, to

look into their records, to look to see if isis was directing them, that's narrow. it's about two people who were terrorists. it's not about all of us in the world. >> exactly right. >> you can set up procedures before you allow this. >> you can. the problem is tim cook as he has said to you is saying, well, what do we know if we create this software program, is it going to be misused by the government or by hackers or someone who wants to do something bad to you? >> rikki klieman, thank you. a new poll just out this morning shows donald trump is expanding his lead nationwide. donald trump is up 2-1 among republican voters with 39% support. marco rubio and ted cruz are statistically tied for second at 19% and 18%. john kasich, jeb bush and ben carson are all in the single digits. now, despite donald trump's expanding lead, president obama predicted on tuesday that trump will not be president. major garrett is in mt. pleasant, south carolina with trump's counterstrike at president obama.

major, good morning. >> good morning. republicans don't take a lot of advice or cues from president obama. that's especially true when it comes to picking a presidential nominee. even so, the president weighed in with his prediction that donald trump would not win the white house, right in the middle of the south carolina primary. it's a comment that could boost supporters of trump who are eager to prove the president wrong or defy him. >> i don't think you'll be on his christmas card list. >> i don't mind. >> donald trump wore the president's prediction like a badge of honor. >> i continue to believe mr. trump will not be president. >> reporter: wrapping up a summit with asian leaders in california, president obama said voter fatigue will eventually halt trump's white house bid. >> it's not hosting a talk show or a reality show. >> reporter: mr. obama did not predict gop primary voters would necessarily sour on trump. in fact, he seemed to taunt

them. creating a general election where trump is the gop standard bearer. >> people vent and they express themselves and it seems like entertainment and often times it's reported, just like entertainment, but as you get closer, reality has a way of intruding. >> he has done such a lousy job as president -- >> reporter: trump was equally dismissive. >> you're lucky i didn't run last time when romney ran because you would have been a one-term president. >> reporter: republicans chasing trump tried to reverse his momentum here. >> i don't think mr. trump has a plan other than it will be huge. >> when radical islamic terrorists wage jihad on the united states of america, the answer is not to tweet insults at them. >> reporter: marco rubio lobbed a similar criticism at trump telling voters yesterday that building hotels overseas doesn't give somebody foreign policy experience. he got a laugh, too. but the fact is, republican

campaigns acknowledge that trump's lead here is daunting and come saturday, charlie, trump could have the last laugh. >> thanks, major. south carolina democrats will vote a week from saturday. the latest south carolina poll shows clinton leading by 37 points among african-americans. but white democrats prefer sanders by a 14-point margin. nancy cordes is in washington watching the democratic race. nancy, good morning. >> good morning. these two candidates are competing openly for the african-americans who make up more than half of south carolina's democratic electorate. they're promising to battle discrimination in schools, in law enforcement and in the workplace. do you feel the burn? >> reporter: in atlanta tuesday, senator sanders teamed it up with grammy award winning rapper killer mike. in south carolina we joined hands with blackmunsters. >> we pray for bernie sanders. >> reporter: but in harlem, clinton argued sanders was a

newcomer to the fight for racial equality. >> you can't just show up at election time and say the right things and think that's enough. we can't start building relationships a few weeks before a vote. >> reporter: some of her congressional supporters have even questioned sanders claims that he was part of the civil rights movement. but this video from 1963 appears to show a young sanders resisting arrest in chicago. he was protesting in an african-american neighborhood that day over the city's plan to construct a school entirely out of mobile homes. is it him? a sanders aide told cbs news he thinks so but isn't 100% sure. we're looking into it. >> we've got to end racism. >> reporter: at moorehouse, a historically black college in atlanta last night, sanders said he would reform the criminal justice system. >> after my first term as president, we will not have more people in jail than any other country.

>> reporter: sanders and clinton have already discussed race, more frequently than then senator obama did during his 2008 presidential run. >> these inequities are wrong. but they're also immoral. and it will be the mission of my presidency to bring them to an end. >> reporter: a new poll out this morning shows clinton and sanders essentially tied nationally, 44% to 42%. back in december, that same poll showed her leading by about 30 points. another new poll, norah, shows the two tied in nevada which holds its caucus this saturday. >> interesting, nancy, thank you so much. president obama is telling senators to do their job and keep an open mind on his next supreme court nominee. senate republicans vow to reject whomever the president recommends to succeed justice antonin scalia who died on saturday. his courtroom chair is draped in black, his funeral scheduled for saturday in washington. jan crawford is outside the

supreme court looking at the battle over filling that seat. jan, good morning. >> reporter: good morning. in that news conference, the president really laid out his argument for why his nominee should get a hearing. but no word yet on who that nominee will be. >> i expect them to hold hearings. i expect there to be a vote. >> reporter: president obama started a campaign of sorts calling for his eventual supreme court nominee to be given a hearing. >> the constitution is pretty clear about what is supposed to happen now. >> reporter: but the constitution only says for a nominee to be confirmed the president must get the advice and consent of the senate. republicans with the supreme court in the balance say they can't imagine a nominee they'd consent to. during the press conference, the president took aim at what he called an obstructionist senate. a reporter pointed out then senator obama voted for a filibuster of justice samuel alito. >> when i examine the

philosophy, ideology and record of samuel alito, i am deeply troubled. >> you make sure that a well qualified candidate is able to join the bench. even if you don't particularly agree with him. >> reporter: supreme court nominations are all but guaranteed to be hard fought. in 1987, democrats refused to confirm judge robert bork, later they tried to derail the nomination of justice clarence thomas. this time it's republicans for now who are united. >> we are one liberal justice away from the supreme court ordering ten commandments monuments torn down. >> reporter: foreshadowing how brutal the fight ahead may be, hillary clinton suggested the president's race has something to do with the republican opposition. >> some are even saying he doesn't have the right to nominate anyone. as if somehow he's not the real president. >> reporter: clinton actually accused republicans of using what she called, quote, coded

racial language in their arguments against obama. just showing here we are, four days after scalia's death and in the fight over his successor, the gloves already are off. >> all right. thank you very much, jan. the chinese military appears to be ratcheting up tensions in the south china sea with new military deployment. cbs news confirms china said up surface-to-air missiles on woody island, part of the parcel chain. the news comes just after president obama finished his meeting with southeast asian leaders. the islands are also claimed by taiwan and vietnam. satellite imagery shows china's buildup, which is raising tensions with the neighbors and the u.s. ash carter is raising new concerns about china. we spoke yesterday at the pentagon. carter discussed the growth of chinese military capabilities and whether the united states could be drawn into a conflict. >> you asked what chinese behavior is, that's having an effect on the united states. we will continue to be as we

have been for seven years, the pivotal military power there. it's also have the the effect of turning everyone who might otherwise be perfectly willing to work with china in security terms as we would in principle. it is turning them against china. >> can our allies be confident we will come to their side if in fact china threatens them? >> well, if they're treaty allies that they absolutely have that written in to our treaties. we have treaties with a number of countries over there and have affirm our commitments there. >> i'll mack a note that i ask him about that before the news about the missiles and the islands had come out. this was a question generally about chinese behavior which affected the islands and their own sort of buildup of their military. >> you have much more on isis and syria. >> and russia, yes. >> a lot to discuss yesterday. >> i know we'll have more of

that. crews in south florida are clearing up after at least two tornadoes tore through the area yesterday. video in miramar shows violent winds tearing down trees and whipping around debris. about 70,000 people lost power. the storm damaged homes and forced the evacuation of an apartment building no serious injuries were reported. interstate 70 in colorado is badly damage after a rock slide there. the driver's semitruck narrowly escaped injury. geologists are looking for more loose rocks today. construction crews are removing debris and using explosives to break up the large bolders. pope francis wraps up his visit to mexico today after a rare public expression of anger. the normally calm pope lost his cool yesterday after an eager admirer grabbed his robe so hard francis nearly fell down. he stumbled and bumped into a child in a wheelchair. twice in spanish he told the person not to be selfish. francis plans to visit the

border fence separating the u.s. and mexico today to focus on the plight of immigrants. >> i'm never seen the pope like that before. >> must be hard getting chastised by the pope like that. he was clearly irritated. >> heading to confession. >> don't do that again. >> i like to see a pope get angry if it's required. >> that's right. appropriate reaction. the next revolution in driving faces a potential speed bump. >> it's driving itself? >> staying to the right of the yellow lines? >> yes. >> does it see that guy over there? >> not yet. >> ahead, peter greenberg explores how driverless cars may handle moral decisions in a split ,,

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faced after your realtime captioner is linda marie macdonald. good morning. it's 7:26. i'm michelle griego. the santa clara city council is holding an emergency meeting tonight to discuss appointing a new mayor. if the council does not appoint someone by march 10, voters will decide in november. juveniles will no longer have to go to court for failing to pay fares on muni. the transit agency's board voted to allow young violators to pay a simple fine just like adults. ahead on "cbs this morning," can driverless cars make "moral" decisions? we go behind the wheel to find out. stay with us. traffic and weather in just a moment. ,, ,,,,,,

good morning. let's head straight to the golden gate bridge. we find reports of an accident

right at the toll plaza blocking at least one lane. we are starting to see some slow speeds on that southbound side of the golden gate bridge towards where that accident is reported. we'll keep our eye on that. just north of there expect some stop-and-go conditions out of marin county right around delong. we are seeing slow speeds as you work your way southbound 101. at marsh debris cleared to the road over the shoulder still busy along the peninsula. a little sluggish near sfo. northbound 101 out of san jose. also seeing some delays as you work your way out of south san jose. here's roberta. i got a report two hours and 3 two-minute delays sfo due to the wind. no rain as of yet but very windy conditions. temperatures right now in the 50s and mid-60s and we are going to stay there today with the wind advisory in effect until 7:00 tonight. some winds out of the southwest at 30 miles per hour. again numbers under 70 degrees everywhere. 10 to 15 degrees cooler today with the rain developing in the

north bay. spreading to the south bay by the evening commute. ,,,,,,

ive wondering what it would look like if we graphically removed the owners from the dog show. the owners would be prancing around with nothing on their leash. here it is. the westminster dog show, minus dogs. it's weird, right? >> that is so good! so creative. we are so used to looking at the dogs, we don't foc

health records private may have added to all of the confusion. plus, a driverless car dilemma. how can machines understand consequences? peter greenberg visits the pioneer in autonomous details to look at the ethical detours showing the pace of innovatioin. that is ahead. time to show you some of the morning's headlines from around the globe. "the new york times" reports on isis probably going broke. the coalition air strikes and other measures since last fall have depleted its finances to meet expenses, isis is slashing salaries and releasing detain knees for as little as $500. billboard is reporting on eagles of death metal who returned yesterday to perform for survivors of the attacks by islamic militants.

gunmen stormed their show last november and killed 89 people. one survivor said the concert eases the fears he has felt since the attacks. "usa today" reports that u.s. airlines are eager to add cuba flights. a to bid for flights is the following. deals expected to be signed this fall. adderall abuse continues to rise among young adults. emergency room visits related to the drug went up 156%. the "los angeles times" is looking at conspiracy theories about the circumstances of justice antonin scalia's death. some of them have been fueled by comments from donald trump. jan crawford is at the supreme court showing how confusion and

lingering doubts got trump's attention. jan, good morning. >> reporter: well, yeah. these theories, charlie, really started shortly after scalia's death. despite clarifications from the owner of the ranch and the judge that declared scalia dead, they are still getting traction. >> they say they found a pillow on his face, which is a pretty unusual place to find a pillow. >> reporter: for the second time this week, donald trump expressed conceptism how justice scalia died. the suggestion that scalia may have been a victim of foul play took whole in part because a state judge declared scalia dead over the phone, something that is allowed by texas law. scalia's family said it did not want an autopsy for the 79-year-old justice who had a history of chronic health problems. >> it's time to stop being so naive, folks. >> reporter: but the conspiracy theories kicked into high gear after the owner of the ranch

where scalia died told a texas newspaper that scalia had a pillow over his head. the ranch owner.dexer tried to clarify his comments saying scalia had a pillow over his head, not over his face as some have been saying. the pillow was against the headboard. investigators said no signs of foul play were found or struggle and said the death was due to national consequences. ritchie said an autopsy would put all of these questions to rest. >> if you're called to the scene to investigate a death, you will assume that that death is a homicide until your investigation proves otherwise. if the death scene was handled in an appropriate manner, we wouldn't be having this discussion. >> reporter: adding to the confusion, unlike fellow supreme court justices ruth bader ginsburg and, scalia kept his

health issues private. >> by the time you're 79, some people will have heart disease. he might have had more heart disease than was thought before. >> reporter: justices are not required under law to disclose their medical conditions but if scalia had made his health issues public, these questions may not be coming up. scalia's family had no further comment. >> jan, thank you. mma fighter ronda rousey has opened up in a rare and emotional interview about her shocking ufc lost. she told ellen degeneres she briefly thought about taking her life after her loss last year to holly holm. >> i was in the corner and in the medical room, i'm like, what am i any more if i'm not this? i was literally sitting there and thinking killing myself and last second, i'm nothing. what do i do any more? and no one gives a [ bleep ]

about me any more without this. to be honest, i looked up and i saw my man, travis was standing there and i looked up at him and i was just like, i need to have his babies. i need to stay alive! >> rousey's boyfriend is also a ufc fighter. she had been undefeated before losing to holm in november and now rousey is looking forward to a rematch. >> interesting to see how much it still bothers her all this time later. i think it's great she is talking about it, though, to come out of nowhere during the conversation. ronda, a lot of people still cheering for you! cross a solid yellow line and break the law or drive into people? you would immediately know what

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some drama on one of the ski lifts in british columbia. a young person did not get seated properly and about to fall out. others in the chair were able to hold on him for a while and a quick thinking operator stopped the lift. a safety net was opened up and the boy dropped to a safe landing. >> i bet he thought that was fun but his mom may be freaking out but he thought this is cool. all is okay. trusting the driver is a must whenever you get into a car. but could you trust the quick and sometimes difficult ethical choices that autonomous vehicles may soon have to make? chief among them? programming common sense and morality to insure the absolute safety of every passenger. now every automaker including toyota has joined the race to get you out of the driver's seat.

travel editor peter greenberg went along for the ride to see how far the in this has come. >> reporter: professor this looks like a regular car. to see where driverless cars are heading. >> my hands are off. >> reporter: we went for a ride with professor raj rajkimar, where the technology was created over 30 years ago at the university where he works. for the people telling us we are driving in a driverless car tomorrow, you say? >> ah, just wait. the magic all happens in here. >> reporter: that's right. keep waiting. because despite all of this technology and decades of research, the driverless car still has a long way to go. >> the biggest nightmare that people like me who work on autonomous cars have is that somebody deploys this technology prematurely and it costs us an accident. god forbid, hits a stroller and some child dies. >> reporter: as disturbing as it is unlikely, it's a scenario in the minds of researchers.

and it's slowing the momentum of autonomous vehicles. >> for some reason, we, as human beings, are much less tolerant of an error that a machine makes than an error that a human being makes. >> reporter: gill pratt heads the toyota research institute, a billion dollar global initiative from the manufacturer to fast-track the driverless car. how do you program in human decision making, moral and ethical choices, the ones we would make hopefully every dry when we drive into this driverless car? >> what you're really talking about artificial intelligence is planning. >> reporter: planning for a number of ethical scenarios like this. kay your car is approaching a head-on collision. to avoid the oncoming vehicle your car can only move right because crossing the line on the left is illegal. what if there is a person or a group of people to your right? >> these machines will have the ability to understand what is happening in the world much better than the human being can. >> reporter: every time?

dannya rus? >> self-driving is used today and can be used at low speeds perhaps we don't have to worry very much there is a catastrophic collision. we have been driving ourselves, driving cars on the campus at the national university of singapore and also in various public spaces. >> reporter: so keep it slow? >> for now. >> that's what people do. >> reporter: back on the road add carnegie melon. professor raj takes the wheel. not easy to reboot when you're driving 60. evidence that the autonomous vehicle still has miles to go. >> you have to understand, we need to be there with tremendous reliability and even the millions of miles that have been tested so far are not nearly enough. we are talking about a trillion miles, and so we still have a ways

replaced by dashboard. researchers say we are ten years away from driving driverless cars and that is exciting or disappointing depending on your point of view on that topic. i still like to get in the car and drive. >> i do took. >> you do, too, charlie? >> a lot. paul mccartney may have a ticket to ride but apparently not one to enter. ahead the awkward moment when the,,

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♪ a difficult sell when you're talking to record companies or pr people and things like that? >> no. in fact -- >> was that even insulting like people, yes! don't show your face! ♪ >> you're beautiful! ♪ shining like a diamond shining like a diamond ♪ you're beautiful ♪ >> james corden with carpool karaoke and singing about diamonds which was written for beyonce.

>> give you an idea of a new hairdo? you can do it other colors! >> what color do you think looks good for me? >> blond. >> what do you think, charlie? >> i like the way it is. paul mccartney found out being a legend isn't enough to open up every door. >> what other vip do we have to get? >> he won't let you in? >> he had a good sense of humor about it. video obtained by tmz appears to show the beatle legend turned away from tiga's grammy after-party on monday night. others were left out. the club says mccartney was not denied entry and tmz says mccartney messed up the location of the party he was wanting to attend. i think when paul mccartney shows up at a party, you say, right this way, mr. mccartney. he took it in good stride.

>> what is the matter? >> i agree with you. exactly right. let's have a party and invite paul! that's what we will do. >> they are trying to clean it up and saying he was not denied. he is welcome here. we love you, paul. >> exactly. why don't you come here? listen. 3,000 dogs and only one can be best in show. we will show you what goes into the decision to pick the champ. that is next. where to go... and how to deal with my uc. to me, that was normal. until i talked to my doctor. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened;

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is putting apple at odds wi the f-b-i. the company is defying a court order to dee m cook good morning. i'm frank mallicoat. it's 7:56. the san bernardino shooter their iphone is putle apple at odds with the fbi defying a court order to decode the device. tim cook explained his stance on apple's website. in santa clara the city council members meet today to select a new mayor. jamie matthews resigned abruptly last week the day after the super bowl. if the city council can't choose a successor by march 10, voters will do so come november. coming up on "cbs this morning," details on this year's winner, the westminster dog show. >> stay with us. traffic and weather in just a moment. to the places you really want to go.

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spot we are following on the golden gate bridge. we had an accident reported in lanes that cleared out quickly. you're now back up to speed as you work your way out of marin into san francisco. some delays southbound 101 out of novato. heading into san francisco, northbound 101 crawling along as you work your way into the city. looks like south 280 we have reports of an accident near cesar chavez. northbound 280 extension stop- and-go conditions as you work your way on to king street this morning. northbound 101 out of san jose, still slow-and-go, 280 through downtown san jose also starting to see some delays there. guadalupe parkway looking okay this morning. and wind advisories for our bay area bridges. roberta. >> see from steve in livermore, he reports .4" in livermore and wind gusts up to 27. this is our live hi-def doppler radar. some rain showers around the santa cruz mountains. carry the umbrella today. heavy rain until the afternoon. 60s, wow! check out the winds. we have a wind advisory in effect for winds up to 30 miles per hour. today's high temperatures where we're at right now.

♪ good morning to our viewers in the west. it is wednesday, february 17th, 2016. welcome back to "cbs this morning." there's more real news ahead, including apple's new privacy battle against the u.s. government. defense secretary ash carter tells charlie how tech companies can help security without compromising integrity. first, here's today's "eye opener at 8." the tech giant isn't backing down. apple insists this is a debate over privacy versus security. >> apple has two choices here. it either complies which it has clearly said it will not or it appeals. president weighed in with his prediction that donald trump will not win the white house right in the middle of the south carolina primary. these two candidates are

competing openly for the african-americans who make up more than half of south carolina's democratic electorate. president laid out his argument for why his nominee should get a hearing. no word yet on who that nominee will be. be confident that we will come to their side if in fact china threatens them? >> they absolutely have that written into our treaties and we have to. >> a rare public expression of anger. the normally calm pope lost his cool yesterday. >> wow, i've never seen the pope like that before. >> it must be hard getting chastised by the pope like that. he was clearly irritated. george w. bush joins his brother jeb in south carolina. >> i want to reminded you what our good dad told me one time. labels are for soup cans. >> what was happening when your dad said labels are for soup cans? were you tormenting jeb with a labelmaker? this morning's "eye opener at 8" is presented by nationwide.

i'm charlie rose with gayle king and norah o'donnell. apple is on a collision course this morning with the fbi and the controversy over privacy versus security. a federal judge tuesday ordered apple to help the fbi unlock the office iphone used by san bernardino gunman syed farook. it may also show where the couple traveled before and after the shooting as well as who they communicated with. >> a federal court ruling asked april toll provide software to disable the auto erase function. that's protecting the locked phone. then the fbi could run unlimited number combinations to unlock the pass code. in a letter to customers, apple ceo tim cook vowed to resist. he calls the government's demands an unprecedented step which threatens the security of our customers. cook explains his thinking when he spoke to charlie last

december for "60 minutes." >> if there's a way to get in, then somebody will find the way in. there have been people that suggest that we should have a back door. but the reality is, if you put a back door in, that back door is for everybody, good guys and bad guys. >> the pentagon is also trying to tap silicon valley's expertise. in our interview with secretary ash carter, we discussed the debate. the conversation took place before apple's response. >> so if apple says it's encrypted we can't help you, what do you say? >> i'm not talking about to apple now. within our own intelligence system, other ways of getting that same intelligence. with respect to companies, we have to -- there is a situation, charlie, you and i have talked about this before, where i am trying to build bridges between

us and tech companies. now, i don't expect them to do things to help us that compromise their business position or their international competitive position. but i do want to have enough of a bridge to the tech secretarier that we can work, where possible, towards common solutions to common problems. >> there has to be a way that the two sides can get together on this. >> it gets down to security versus privacy. >> yes, what did you get the sense he was saying there? >> we need to talk to them, work on this together. there are national security issues but we also appreciate their argument about privacy and their argument about what it would mean if people had access to the back. >> it sounds like the talking hasn't worked. >> it clearly hasn't. it's been going on, too. this is not yesterday's problem. it's been around. >> if you ask people if they have a choice between privacy and security, people automatically go to security. >> if you were the government,

how much would you want to know this information about the two people from san bernardino. >> indeed. >> you understand their point. donald trump widening his lead in the republican campaign. president obama is still a doubter. he questioned the front-runner's support and the gop rhetoric. >> i continue to believe mr. trump will not be president. and the reason is because i have a lot of faith in the american people.nz-ñ and i think they recognize that being president is a serious job. it's not hosting a talk show or a reality show. it's not promotion. it's not marketing. it's hard. and a lot of people count on us getting it right, and it requires being able to work with leaders around the world in a way that reflects the importance of the office.

and gives people confidence that you know the facts. and you know their names and you know where they are on a map and you know something about their history. and you're not just going to play to the crowd back home, because they have their own crowds back home. and you're trying to solve problems. >> i'm sure he'd say it's not even like being a senator. >> right. >> all these problems come in every day. it's not just one. it's ten. >> yes. he said tough job, very tough job. >> there's no perfect training for it, either. >> that is true. the president's remarks brought a quick answer from trump who was campaigning in south carolina. >> for him to say that actually is a great compliment. you're lucky i didn't run last time when romney ran because you would have been a one-term president. >> another trump critic, jeb bush, is making headlines too with a twitter message. the republican candidate tweeted this photo of a gun with his

name on it. his caption read simply america. the twitter reaction was quick and it was mixed. some messages brought up the number of gun related deaths in america. the others -- other users posted their representation of america. and some used it to highlight bush's campaign struggles. we asked the former florida governor on tuesday what he needs to do to convince south carolina voters before saturday's primary. >> work really hard, make sure people know that i have detailed plans to lift them out of the funk that we're in. and to keep us safe and secure. and i'm all in for the next five days. >> you finished sixth in iowa, fourth in new hampshire, you're now running fifth in south carolina. when do you have to start winning? >> well, i think we'll do better than fifth here. i'm excited about the progress we're making and, look, i'm in it for the long haul. this a long process. >> jeb bush is now fourth in south carolina. that's according to an average

of recent polls in the state. donald trump has a 2-1 lead over his closeess rival, that's ted cruz. did the fan favorite become best in show? ahead, we'll show you which dog fetched the top prize at the announcer: this portion of "cbs this morning" sponsored by nationwide insurance. ♪ nationwide is our side

nearly a have more debt than their savings. jill schlesinger is in our green room. she looks at getting your finances back on yrcn kate/xuo hudson is there, too. lewis is talking to kate hudson. lewis does o7tkmp( when it is when it's time to call in the pros.

tx4=(ywhen jill schlesinger is talking about. we'll talk about your finances right after the break on "cbs talk to the pros coming up on "cbs this morning." ♪ reason you're living on my couch when someone starts to come ♪ ♪ and i submerge. ♪ [ julie ] the wrinkle cream graveyard.

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♪ >> we tried we tried debt consolidation companies. >> we've even taken out loans to help make payments. >> you're not the only one. did you know millions of americans live with debt they cannot control? this is why i developed this unique new program for managing debt. it's called don't buy stuff you cannot afford. >> that's a good one. >> that's so simple. >> that's right. terrific. >> that's right. >> if only handling your money could be as simple as that. as that "saturday night live" skit. >> 58% they need to improve their planning in this morning's eye on money. cbs news business analyst jill schlesinger is here with how to take control. >> good morning. >> i was interested to learn that 40% of americans have financial planners. when do you know when you need to hire one? >> usually around life events, birth, death, divorce, marriage, but really important here, there can complete on your own before

hiring an adviser. that may be creating a budget. living within your means, paying down your debt, establishing that emergency reserve fund and putting money into retirement. once that's completed, and you've got your insurance needs covered, that may be the point when you start to consider a financial adviser. >> do you think you have to have a certain amount of money to hire a financial adviser and what do they do for you? >> they do different things for you. the answer is not necessarily. because you may have a complex problem around an estate issue. you may not have a ton of money yet. maybe your parents do. when you talk about financial advisers, some do comprehensive financial plans, some specialize in taxes, some specialize in company stock. some specialize in divorce. that's one big question you ask these advisers, what are you doing to do for me. >> who are these advisers and how do you get to be a financial planner? >> there are a lot of different

people who say i'm an adviser, i'm a consultant. there's one big question to ask a potential adviser. are you a fiduciary. that means that person has to put your needs before their needs or their company's needs. there's another form of adviser that is subject to something called suitability. i have to give you advice that's suitable for you. who's a fiduciary. a certified financial planner. go to the cfp board of standards website. a cpa that has a personal adviser designation and a member of nafpa. >> what about fee-based advisers versus commission-based planners? >> really interesting. fee based seems to be a more straightforward methodology. it can be based on the amount of money they're managing for you. >> like 1% or 2%. >> 1% or half a percent.

the commission is just that, a transaction-based relationship. doesn't mean the person is bad if you get paid a commission. >> what do you think? >> i like fee based. it's a cleaner model. commission-based people aren't bad people but it's easier to understand the model for a consumer. >> when all else fails, go back to "saturday night live." do not buy things you cannot afford. >> very good advice. >> and save, save, save. >> thank you, jill. only one dog can strut into history. we'll show you the drama surrounding the country's most prestigious dog show and how the judge went face-to-face with the competitors. that's next. you're watching "cbs this morning." this morning's "eye on money" sponsored by voya financial, changing the way you think of retirement. bit from vo. vern from voya? yep, vern from voya. why are you orange? that's a little weird.

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♪ this is one dog that is % quick on his feet. the chinese poodle set a new world record for a dog climbing stairs on his hind legs. that doesn't look real! wow. he mastered this on a chinese variety show and climbing 20 steps in less than 7 1/2 seconds. >> once again, china outpacing us. we need to get on the ball here. >> what was the incentive?

what did they give him at the end of 20 steps? >> he is dressed so nice too. america has a new canine champion. a 3-year-old german shorthaired pointer named cj earned best in show last night at the westminster kennel club dog show. his win was an upset. a german shepherd named rumor was supposed to take the top prize. >> reporter: after 3,000 show dogs from 50 states from around the world it came down to seven final contestants at this year's 140th westminster dog show and all stunning examples of their respective groups, but only one could be crowned best in show. >> one more time all the way around. the german shepherd rumor. >> reporter: as all purebreds strutted one last time, the judge richard men made his

decision. cj had traveled from california with handler and co-owner valerie nunes atkinson. >> he is a great shareholdortha go down in history and definitely now. there were seven fabulous dogs out there. you couldn't go wrong any which way. >> reporter: the rough competition wasn't short on drama. >> the winner of the herding group, german shepherd dog at number 8. >> reporter: much of the spotlight had been on the crowd favorite to win. a 4-year-old german shepherd named rumor. before the finale the handler was trying to keep the top-ranked show dog from losing her cool. >> i never dreamed we would have one to win best in show and go the way this one has. she has turned out behind our wildest imagination. >> well done. >> reporter: only one judge presides over best in show and this year's king maker was dr.

richard meen, a psychiatrist from chicago. >> the expression on the breed is really important, as far as i'm concerned. each breed is unique and has to have that expression. >> reporter: but cj's co-owner at home says he is one of the pups. >> in the ring it is serious business and at home he is silly. he is a normal dog. he gets dirty and has fun and always has to have something in his mouth. always. that is a sporting dog. >> reporter: cj's victory is the physician for the german shorthaired pointer. >> i heard cj stands for california journey. >> when he took the ring, he owned it. >> do you have a dog? >> i do. a border collie. >> i love that cj's owner said she knew since he was a baby pup and said he is something special and said he is my heart. >> all of the owners say that. difference in the ring dogs love to perform and be cen

your realtime captioner is linda marie macdonald. good morning. in the headlines, responding to rumors, state attorney general kamala harris said in san jose last night she has no interest in being considered for the u.s. supreme court. harris is running for the u.s. senate seat being vacated by barbara boxer. estimated cost of building a high-speed rail line between the bay area and southern california is going up again. the california rail authority says it will need an additional $260 million to complete the initial central valley segment. and in the next half-hour on "cbs this morning," a priest who has turned a car into a mobile confessional. good story. more on that plus traffic and weather too right after the break. ,, hey pal? you ready?

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on the roads an accident on 280 in the south bay right at de anza. we had a wreck there yesterday. another one now reported today. northbound 280 at de anza stop- and-go because of this accident. give yourself some extra time. 101 not much better so pack your patience if you are commuting out of the south bay. the good news is earlier wreck at the golden gate bridge is cleared out of lanes. it's now north there was we are getting first reports of an accident south 101 at lucky drive. looks like it may be blocking at least the number 4 lane from the left.

wind advisories in effect for bridges. that includes the richmond/san rafael bridge. here's a live look. we have traffic just crawling along towards the toll plaza there. northbound 880, sluggish as you head past the coliseum. stays slow into downtown oakland. at the bay bridge metering lights are on and very slow there. here's roberta. >> we have two hours and 3 two- minute delays on sfo on some arriving flies due to the wind. we have had a little light precipitation in livermore about .4" rain. all that activity is over the central valley. rain will become locally heavy in the north bay in the afternoon. it will be a wet evening commute. mostly cloudy skies and very windy at this point. we have winds up to 28 at moffett field. look at the temperatures. 50s and mid-60s. wind advisory in effect until 7:00 tonight. some of these winds out of the southwest at 30 miles per hour. highs in the 60s across the board. heavy rain tonight with a chance of thunderstorm in and out of the rain through friday.

♪ welcome back to "cbs this morning." coming up in this half hour, actress and businesswoman and now author kate hudson? stu studio 57. see how her mom and a doughnut led to a turning point. i love a good doughnut, kate hudson! that is ahead. time to show you some of the morning's headlines from around the globe. cbsnews.com reports on the obama administration's frustration over russia's role in syria. defense secretary ash carter had tough words for russia in our conversation yesterday at the pentagon. carter discussed taking on isis and also known as isil and the fallout for countries that do not help.

>> i've said this very bluntly to our overseas partners. there can't be any free riders here because we are going to be on the winning side. we will remember who contributed and who didn't. and we aren't out to do people favors here and we are not asking for anybody to do us favors either, but people need to act in their own long-term interests. >> you're saying to whom what? >> that anybody who is on the sidelines who need to get in the game, you need to get in the game. that's what i was doing in brussels and overwhelmingly people came on behind that. and to the russians and the iranians who are not contributing and are actually causing more problems in the region, that's going to come back and get them. >> reporter: mr. secretary, everybody looks to russia as if they have -- they have -- this has been a win/win for them in syria. they are a player. they have supported assad. assad is in a much better position. people look at what putin has

done and said he has been a master strategist in the way he has played a weak hand. >> well, where does that strategy lead? it's leading to the prolongation of the civil war in syria which is not in russia's interests. >> it is. in fact, he makes assad stronger so they can negotiate something from a better position. >> the russians have been way off track since the very beginning. they have not done what they said they were going to do and they are not doing what is in their interests to do in terms defeating isis. he says that their goal is to go there and win in both regions. >> glad there is a plan. isis was a topic between

contrary and hollywood studio chiefs. they brainstormed on ideas to gain propaganda from the terrorists group. the meeting includes executives from dream works and sony was there as well. big apple style rip-off. a man received this letter after losing his wallet, his credit cards and driver's license was enclosed but not cash. he said the following. the letter was signed off toodles! anonymous! >> i know the guy got his wallet back at the he says he thinks it's a thank you but screw youn credited role as a 16-year-old in a '90s classic "party of five." but wasn't until we saw her

hanging out on the tour bus that her career really took off. >> we are not groupies! >> reporter: it's been 16 years since kate hudson landed a career making role of penny lane. >> we are here because of music. we are band-aid. >> reporter: she was a group ie in "almost famous." ." i have to go home. >> reporter: she is sure-fire material said one critic. >> you are home. >> reporter: and golden globe announced her arrival. 20 years in, the 36-year-old mom of two has hollywood hits. >> love. nobody likes a mr. sniffles! >> reporter: a marquee name. >> you're, obviously, still so in love with me and famously cool parents, goldie hawn and kurt russell. her high energy and sparkly personality. ♪ >> reporter: make her a natural performer. ♪

>> reporter: a standout on the red carpet. >> life is a journey. >> reporter: and since 2013, a successful businesswoman. hudson is the cofounder and face of fableticas who broad in 150 million dollars in revenue last year. now kate hudson is adding author to her resume, thank you very much, with a lifestyle book called "pretty happy." healthy ways to love your body. they joins us at the table. >> hi! >> i love the title because, at first, i thought it meant i'm pretty and happy but not. in my life i'm pretty happy. you said pretty happy is not a place but a constant journey and state of mind and don't wait for journey to happen. >> i think contentment is a discipline. and being happy is actually also, you know, kind of a discipline. you know? and i think that a lot of people like to sell happiness. let's be happy! you know?

and it's just unrealistic. i think pretty happy is pretty good. >> you say perfection is for amateurs? >> we all know that, you know? it doesn't mean we don't feel the sort of pressure that, you know, society. especially for women. >> yep. >> kind of like growing these images, these gorgeous images of these, you know, women out there and you're going, like, i wish i looked like that and i want to look like that. but, you know, we chase it and chase it and chase it, but at the end of the day, like, you know, it's never going to be perfect. >> but, at the same time, you say you and your mother have this mantra for 2016 to say, why not? >> why not? i really love that! and i realized -- >> me too! >> first of all, we came up with that. we were a little drunk. >> a little drunk? >> let's just be honest, okay? and we came up with it and then i realize now i'm saying it all the time. i'm always going, why not? it really is. our mantra. >> what did you find from saying

why not? you said yes to things you want to say no to previously? >> i think not thinking about stuff like worrying about what the outcome is going to be. you know? i think i've spent a lot of time in my life being sort of political and careful about things i've said or things i'm doing and worrying about what people are going to think, you know? if i write this book, maybe people will not think i'm an actress. at the end of the day, i just want to do things that sort of -- why not? >> why not create a fabric company? that can be worth $150 million in revenue and think about building a thousand stores! why not? >> yes, why not? >> some people say things as they are and ask why and others say why not? >> you tell a story in your book when you were younger. you said i was a little chunky and you went through an

adolescent phase. >> i love a doughnut. at school, at snack, they had doughnuts. i would eat at least two doughnuts at snack. >> and a baeggel? >> with cream cheese. my mom said why don't you try having one doughnut instead of two doughnuts? >> why not? >> i think it was more about health. my mom is really about what you put in your body is, you know, obviously the fuel of what your activity and how your energy is. but also mindfulness is a big one. that is a healthy mind, healthy body. >> what i love about your parents they keep on going. kurt is brilliant in that film. >> he is amazing. >> he is. >> i just worked with my dad on a movie too which we finally got to do called "deep water

horizon" and i think that comes out in the fall. we didn't get to work together but we were on set together and we were in a movie together. i thought this is crazy! my mom is about to go work with amy schumer. she hasn't worked in almost 14 years. >> really? >> she is taking the why not seriously? >> really! >> she is taking it seriously. >> this is a scene from you with me on my pbs show a few years earlier. here it is. >> i think perception, you know, perception, especially in this business, it's so obsessed with celebrity, you know? this world is so obsessed with celebrity. you know, i never wanted to be perceived as somebody who had it, you know, that it just got handed to me. >> and that you didn't deserve it. >> yeah. >> that was ten years ago. >> that was ten years ago. how do i look? >> you still look all right! >> wow! crazy! >> what do those words mean to

you ten years later? what do they mean? >> i was truthful. >> that is the thing about you, kate hudson. >> yeah. i just -- yeah. >> we want to do a quick lightning round for you. the producer came up with this and i love this idea. golden globes or oscars? >> that's a hard one! globes are more fun! because you drink at the table. >> taylor or kanye? >> i can't -- no comment. >> horror or rom con? >> rom con. >> flax seeds or chia seeds? >>, which chia. >> naked or clothes? >> naked. >> i like that too. >> chains or jealous. >> chains. ♪ >> you got me chained! because nick jonas says you all have a beautiful connection. >> yeah. >> what would you like us to see

about nick jonas? share what you will. >> he's a great guy. he's a sweetheart. >> i think he is a sweetheart too. >> what would he say about you? >> apparently that we have a really beautiful connection! >> you look like you're having fun, kate. >> i am having a great time. >> whatever you're doing. >> you look happy. >> i'm pretty happy. >> pretty happy. >> and the book is called "pretty happy." it's on sale now. a louisiana priest is taking the pope's message of outreach on the road. >> where we go with this, baby, you need this. >> david begnaud is with a

♪ pope francis is wrapping up his nearly week-long visit to mexico. this morning francis travels to juarez just across the rio grande from el paso. he spent tuesday meeting with young people in a state that is a hot bed of mexico's drug trade. one of the pope's loudest messages is direct at the more than 400,000 priests nationwide and asking them to be more active in bringing the people back to the church. david begnaud met a priest in louisiana who is offering confessions on the go in cajun country.

>> when the father hits the road this is how he rolls. >> such a need to go to our brothers and sisters and bring them the gospel and mercy the church extends. >> what the father calls his spiritual care unit is a converted ambulance. >> where we go with this, baby, you need this. >> reporter: with it he searches for catholics who wandered away from the church. a place to confess sins and forgiveness. >> they can kneel here and make confession or sit on the corner and we can visit face-to-face. >> reporter: this holy rolling is for outreach and reconciliati reconciliation. what did people think when you floated this idea? i'm going to go a mobile confessional. >> they probably thought i was crazy. >> reporter: the idea came four years ago when he was serving at a hospital. he thought the same ambulances that transport the injured might also be able to rescue souls. last year he found a used

ambulance on ebay and a friend of the church bought if for $4,100. he satellite news centered the siren and spelled confession backwards. that is intentional? >> yes. you see an ambulance when they have the sirens on behind you and you look in the rearview mirror and say who is that idiot behind me? then you can read ambulance in your rearview mirror. if you're here and look in the rearview mirror you'll see confession spelled appropriately. >> reporter: the father is a native cajun travels what you might call a support team ready to recruit. in three months he has traveled over 2,000 miles and made three dozen stops and listened to more than 700 confessions at churches and youth events and even mardi gras. that is where betty comb found him. >> i realized that this was here and i thought, god called me! i need to go to confession!

>> reporter: really? you felt that? >> absolutely. >> reporter: what do you think pope francis would say? >> oh, he would be a thumb's up. it's just that now we need to emphasize this more and more, because we have become too comfortable in a sedden terry type of church atmosphere. >> reporter: when you go to sleep at night, how good do you feel about what you're doing with this? >> pope francis says to go to bed tired, dead tired. but a happy tired. happy tired is how i go to bed at night, you know? and it's great. >> reporter: for "cbs this morning," david begnaud, lafayette, louisiana. >> a great idea. >> what a terrific story. >> who is calling you, charlie? tell them you're busy! >> i'm busy! >> put that phone down. let me see! >> kate is calling? answer it! >> i'm not answering any quote/unquote. hello, hello.

i apologize to all of you ♪ hello it's me don't they know you're a in a live broadcast? ♪ hello it's me >> i want to know who is calling you. clearly not somebody close to you because they wouldn't call you between 7:00 a.m. and 9:00 a.m. >> see what cops did when a suspect hit the water next on "cbs this morning." ,,,, ,, ,,,,,,,,,,,,,,

♪ this is about as far from baywatch as you can get. police on a beach in chile chasing a suspect into the water but the officers didn't want to get wet so they called for reinforcement while the suspect had a nice splashy pooh. 45 minutes later the ,,,,

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responding to rumors... sta attorney general kamala hars said an jose last night good morning. i'm frank mallicoat. it's 8:55. here are the headlines today. responding to rumors state attorney general kamala harris said in san jose last night she had no interest in being considered for the u.s. supreme court. harris is running for the u.s. senate seat being vacated by barbara boxer. juveniles will no longer have to go to court for failing to pay fares on muni. the board voted to allow young violaters to pay a fine like adults. and the san bernardino shooter's iphone pitting apple against the fbi. the company is defying a court order to decode the device. the ceo explained his stance on apple's website. how about the weather? how about some rain, right? >> job well done, mr.

mallicoat. good morning, everybody. the skyline of san francisco, mostly cloudy skies. we have a clear slot now. rain to the east of us. more rain out west. the rain will develop locally heavy at times this afternoon with a chance of a thunderstorm in the evening. in addition to the rain, boy, it's windy. wind advisory in effect until 7:00 tonight, southwest winds 20 to 30. our temperatures are balmy in the mid-60s. 68 degrees in san jose. currently we have winds up to 24 miles per hour. now, once this initial front passes we'll be in and out of the rain showers on thursday and on friday setting the stage for sunny skies and drier conditions over the weekend, a warmup on monday. gianna with traffic up next.

it took joel silverman years to become a master dog trainer. but only a few commands to master depositing checks at chase atms. technology designed for you. so you can easily master the way you bank. (vo) you can check on them. you can worry about them. you can even choose a car for them.

(mom) honey, are you ok? (child) i'm ok. (announcer vo) love. (mom) we're ok. (announcer vo) it's what makes a subaru, a subaru. welcome back. i'm gianna franco. we are still dealing with a big trouble spot northbound 280 at de anza. multiple lanes are blocked for an injury accident. big delays northbound 280 out of the south bay. in fact, check our drive times, 31 minutes that's northbound 280 from 101/680. guadalupe parkway slow. conditions out of marin, that accident south 101 near lucky clearing over to the right shoulder but pretty busy anyway as you work your way southbound. also getting word of an accident near the toll plaza at the richmond/san rafael bridge. we are also dealing with windy conditions across the bridge. wind advisory in effect for the richmond/san rafael bridge as

well as the bay bridge. an accident 92 at 280. have a great day. ,,,,,,,,

wayne: who wants to look fancy? - go big or go home! wayne: you've got the big deal! but you know what i'm good at? giving stuff away. jonathan: it's a new living room. you've won zonk bobbleheads. - that has to be the biggest deal of forever. jonathan: it's time for "let's make a deal." now here's tv's big dealer, wayne brady. wayne: hey, everybody. welcome to "let's make a deal." i'm wayne brady. thank you so much for tuning in. you know what we do here-- i make deals, i make things happen. right now i need a lady. i need a woman. i need a woman who can't say no. i need a woman who can't say no. track suit. track suit. right there. everybody else have a seat. sylvia. - hi. can i have a hug?