>> rose: welcome to the program. i'm charlie rose. the program is "charlie rose: the week." just ahead, a big weekend in the 2016 presidential campaign. and disagreement about the future of the supreme court. and this, jennifer jason leigh delivers an oscar-nominated performance in "the hateful eight." >> what you got to say about all this? >> what i got to say? about john? he's absolutely right. me and one of them fellas is in cahoots. we're just waiting for everybody to go to sleep. that's when we're going to kill you all. >> rose: we will have those stories and more on what happened and what might happen.

s captioning sponsored by rose communications >> rose: and so you began how? >> life keeps happening. >> rose: is it luck at all or is it something else? >> a joy to go to work every day. >> rose: what's the object we have to protect the homeland. >> rose: tell me the significance of the moment. this was the week justice antonin scalia's death left a vacant seat on the supreme court. apple faced off with the government over iphone encryption. and major league baseball's pitchers and catchers reported for spring training. here are the sights and sounds of the past seven days. remembering justice antonin scalia. >> he died of natural causes saturday. >> my hope is not to be influential, mr. rose. it is to be faithful to my oath.

>> author harper lee, what's book "to kill a mockingbird" became one of the most bestselling novels of the 20th century has died at the age of 89. >> rose: a car bomb kills dozens in turkey's capital. >> turkey's prime minister says the attacker was a syrian national. >> rose: an ire strike in syria destroys a children's hospital. >> the political fight to pick the next supreme court justice is on. >> if the democrats want to replace this nominee, they need to win the election. >> the idea that republicans want to deny the president his basic constitutional right is beyond my comprehension. >> i continue to believe mr. trump will not be president. it's not hosting a talk show. >> rose: president obama takes a swing at donald trump. >> you're lucky i didn't run last time when romney ran because you would have been a one-term president. >> rose: apple and the government cross wires over an iphone. >> apple fighting a court order to break into a phone used by the san bernardino terrorist.

>> a person who thinks about only building walls of wherever they may be and not of building bridges is not christian. >> rose: the pope takes on donald trump. >> if it's good, i like the pope. if it's bad, i don't like the pope. >> is it possible you are fighting because you have so much in common? you both sit on golden thrones. >> rose: taylor swift and bruno mars topped the grammys. ♪ ♪ >> it's official-- filming of "star wars episode 8" is now under way ♪ who let the dogs out >> rose: madison square garden goes to the dogs. >> westminster dog show, a super bowl without the tailgating, just the tail. >> c.j.! ♪ who let the dogs out >> rose: there is one lesson to be learned from the 2016 campaign, it's to expect the unexpected. the sudden death this week of

justice antonin scalia has given the election a new urgency, and donald trump, the current republican front-runner, ran into a wall of criticism from no less a person than pope francis. all of this comes on the eve of the nevada caucuses and south carolina's republican primary. with me now is the editor of playbook, politico's chief white house correspondent, mike allen. and joining me from washington, johnathan karl, the chief white house correspondent for abc news. mike, welcome, first of all. great to have you in the studio. john, thank you for coming. thank you for being part of this. >> great to be here. >> absolutely. >> rose: south carolina, what might happen? is this at long last the winnowing? >> it is. and this is the three-man race that we've been thinking for a while, not so sure. the biggest consequence is jeb bush out, running on fumes now, such a humiliating week for jeb bush, this amazing family. we saw why george w. bush, so good on the stump, almost faz he

was schooling jeb bush who is at the very end of his campaign, reporting on politico today that his fund raisers calling around trying to get some last dollars, and they're not getting it. >> rose: and failed to get the endorsement of niki haley as well. >> first of all, you only say something like that when you know you're going to get the endorsement, and when the news broke that niki haley had decided to endorse marco rubio, you could see how much it almost physically hurt jeb bush, just deflated. it's really quite a story. when you go back and you look at how much has been spent on the jeb bush for president effort through the super pac, through his campaign. you see how much they swamped everybody in terms of advertising spending, just advertising spending in new hampiro get what happened there. and now you get to south carolina. it just hasn't taken off. >> rose: but do you assume he'll drop out? >> i assume he will drop out. i am hearing the same thing mike's hearing in terms of fund-raising troubles. and right now, when you ask senior people on the bush

campaign, "is he going on to nevada, no matter what? is he going on to super tuesday no matter what?" you no longer get a definitive answer. you get a lot of hedging, a lot of watch filling. i think he drops out by sunday. >> rose: what about kasich? >> kasich is a tough candidate for this republican party to win a primary, obviously. so the hohibittive underdog, but i think kasich lives to fight beyond south carolina. >> no question. he is the ohio governor. he is clearly going to go on to ohio march 15 and he's going to try to look like the adult, try to look like someone who could bring in the middle in a general election campaign, charlie, john, in this race, looking like the adult, not too hard. >> rose: take me to nevada. bernie sanders 50-50, even up. somebody said to me the other day, they thought sanders above 50-50. >> sanders snuck up on the clinton campaign, and we're seeing more evidence here that not only is the excitement on

his sight, but he has more organizing than they expected. so they still think that -- >> a & a lot more money. >> yes. and that's a sign-- a sign of the excitement. and they still think that they have the math on their side. what the clinton campaign will tell you now is that by the end of march, it will be virtually-- they'll have a virtually insurmountable lead. >> rose: john. >> every single one of those primaries on the democratic side is proportional. he will wrack up delegates. and when you look at the national polls now, charlie, we're starting to see hillary clinton under 50%. you know, bernie sanders with, you know, less than single digit behind hillary clinton nationally. i think that hillary's in a tough spot. it's hard to imagine her not winning the nomination but a long, hard slog all the way to the convention. >> rose: and she's being damaged by the campaign? >> the longer this goes on, it's harder to imagine that those

that have been attracted-- especially the younger, furls-time voters are suddenly going to, you know, pivot and turn and support hillary clinton with anywhere near the enthusiasm, i don't think it's good for her. >> rose: privacy, technology, and national security all collided this week when a federal judge in california ordered apple to disable the security features on an iphone used by the san bernardino shooters. that would allow the f.b.i. to access a phone's encrypted data, something the bureau says it can get no other way. apple says it doesn't have a way to do that, and that creating one would pose a security risking to every iphone it sold. apple c.e.o. tim cook talked about this issue on my program last fall. >> let's talk about what it's really like. and here's the situation pop

your smartphone today, your iphone, there's likely health information. there's financial information. there are intimate conversations with your family or your coworkers. there's probably business secrets from the work that you're doing. and there's also tracks of what you've searched on, lots of information about what you're look at and writing and maybe you're a journalist and maybe even your source. >> rose: true. >> right? and all of this stuff is incredibly personal, and we believe incredibly private and you should have the ability to protect it. and the only way we know how to do that is to encrypt it. why is that? it's because if there's a way to get in, then somebody will find a way in. there have been people that suggest that we should have a backdoor. but the reality is if you put a backdoor in, that backdoor is

for everybody, for good guys and bad guys. and so we don't know of a way, nor have i heard of anybody else that came up with a way, to safeguard your information unless we encrypt it. >> rose: for the other side of the story, we turn to two men who have been tangling with apple'sench encryption issues in other criminal cases. cyrus vance jr. is district attorney for the county of new york. john miller is the n.y.p.d.'s deputy commissioner for counter-terrorism and intelligence. i am pleased to have them on this program. it is a continuing interest of this program to talk about it. cy vance, how important of an issue is this? >> it's, charlie, a very important issue for law enforcement at the state and local level, as well as at the national level. since apple changed its operating system in the fall of 2014 to re-engineer it so the phones could not be accessed, even with a valid warrant, there have been 175 cases in our

office using the new operating system that we are not able to get in to look at phones which need to be analyzed to build criminal cases and, indeed, to make sure that we're prosecuting the right person. those cases range from homicide to sex abuse, sex trafficking, to cyber crime. >> rose: so you are saying this is important for you more than just a case of the san bernardino's phone. >> the san bernardino case presents one example of a case involving terrorism where the federal government believes that critical evidence may be on that phone. there are tens of thousands of other cases around the country and investigations relating to homicide to sex abuse, where data is going to be on smartphones, that prosecutors and police officers need to access with a court order in order to do the right thing and get the right result in each of those cases. >> rose: john. how do you see this? >> i think that in the case of

this phone, why are they making a moral stabbed on a case where they're not on the sign of the angels. bad for apple. probably good for the f.b.i. but the other question is, as district attorney vance pointed out, when you-- when you talk about this-- and the way i find offensive, which is the government wants a backdoor. charlie, the government goes to a judge and makes a showing of probable cause to show that a crime has been committed, and they get's search warrant signed by a judge, and they go to a company and they hand that paper over, that's not a backdoor. that's a front door. that's how we work in a democracy. that's how we protect other people from other crimes. >> rose: and san bernardino, as you said. so what are you asking for? what do you want apple to do? >> i think d.a. vance put it perfectly, which is in a parallel universe that was just a year ago, they had a key that they had that could open any phone pursuant to proper legal

process. >> rose: you want them to go back to that? >> not a backdoor air, front door. >> supreme court justice antonin scalia's death this week complicates the supreme court's docket and ratchets up an already-heated election year. president obama has vowed to nominate a replacement for scalia in the near future, but republicans in the senate and on the campaign trail are saying that's a choice best left for the next president. what does that mean for the court and for the country? we ask noted trial lawyer david boies. he has argued before the court on cases ranging from the presidential election of 2000 to marriage equality. we have the likelihood that a republican senate is not going to confirm. >> yeah. >> rose: even though the

president will nominate. so what happens? >> well, if that happens, we will end up with essentially two full years where the supreme court will not have a full complement. you'll have eight justices. that will, to some extent, i think, give what are plarlly called the four liberals, an advantage because if they can secure justice kennedy's vote, they'll have a 5-3. and if they can't, it will be 4-4. and whatever the court of appeals has decided will hold. >> rose: so a 5-3 would be the majority. >> the majority or 4-4 would affirm, in effect. and the court always has the ability to put off a case for re-argument, but here, because if you wait until the next president comes in, that's not going to happen until this coming january. it's going to take a while to appoint. it's going to make a while to vet. it's going to take a while to

confirm. and by that time, you're april or may, or maybe june, and the next term of the supreme court is over with. so you may not get decisions on important cases if the republicans take that approach for a long time. i also think that there are very substantial political costs and risks to the republican of doing that. >> rose: which are? >> well, for one thing, depending on who the president nominates, you could very easily offend a substantial portion of the electorate by treating that person unfairly and not giving that person at least a vote. in addition, there probably will be some constraint on the president to appoint someone who is not too far towards the liberal side in order to get that person confirmed.

if a democrat wins in this election, that consraint may not exist and they may get somebody who is even more liberal. >> rose: a hope for a cease-fire between government and rebel forces is due to take effect in syria this weekend. but nothing is certain as all size in the conflict stepped up their attacks ahead of the deadline. it remains unclear how this will affect the u.s.-led coalition against isis. as secretary of defense ash carter is the public case america's campaign against isis in iraq and syria. >> right now, in syria, we are working with forces in the north and eastern part, and also in the southern part of syria who have the objective, as we have, of fighting isil. we need to stroi isil everywhere

around the world and defeat it, but we need to defeat it in iraq and syria. and i also note president obama very much wants to have this behind us by the time he leaves office. >> i want to talk about that plan. but first what's happened in the last three weeks in aleppo? there are a lot of people looking at what's happening in syria today, and saying the russians have done everything they had they wanted to do-- they came in, they provided air support for bashar al-assad. he's now on the verge of retaking aleppo. and what does that say about the russians? and what does that say about assad? and what does that say about the future of the conflict if assad is much stronger than he was before the russians came in? >> well, certainly what it says about the russians is that they don't-- they didn't come in to sir why to fight isil, as they said they were going to do. but the russians, who should be working with us to defeat isil-- by the way, we would welcome

that. just like i have brought in many countries from around the world to join in the campaign against isil, most recently x saudi arabia, who rejoined the air campaign over the weekend. it would be fine if the russians -- but that's not what they're doing. they're doing exact let's opposite of what they said they were going to do. >> rose: has the united states failed to create a strong, vigorous, anti-assad force? have we failed to find and support that kind of military on the ground? >> we have supported moderate opposition forces. in the end, we can't substitute for them. but we can enable them. we can help them. so that's our overall strategic approach. and we're constantly looking for ways to do that. so just in the last few months, to give you an indication, we have introduced some additional strike forces in the region.

we have -- >> what does that mean, "strike forces? >> some special forces that are capable of doing raids and strikes and assisting the iraqi counter-terrorism forces in striking isil targets. >> rose: and that's an example of boots on the ground, isn't it? >> it is,"it is, it is. there are 3700 boots on the ground in iraq. there is all this talk about boots on the ground. we have boots on the the ground in iraq. what are they doing? they are training iraqi forces. they are assisting iraqi forces. they're helping train, by the way, sunni, which is very important. they're helping train police because after a city is cleared, the police have to-- there have to be police to secure the city, keep the order. they're helping the iraqis with all kinds of things that may not sound very interesting but are critically important like bridges, helping them with their air force, and other kinds of capabilities. >> rose: but they're also engaged in search and destroy, to go out and seek out isil?

>> they are, they are, they absolutely are. >> rose: is there a limit in terms of how many forces-- if we have 37 had been hp now. is 4500 would be a sealing? >> we don't think that way. we're looking for opportunities to do more. so every time we see the way that we can accelerate-- in this case, the movement of the iraqi forces-- with our help, northward from ramadi to mosul and eventually to take mosul, every time we find an opportunity to do that, we'll ask the president. i'm sure if it makes sense, the president will say, yes. that's what he's done consistently. >> rose: director quentin tarantino has a reputation for creating strong female roles in very violent movies. "the hateful eight" is no

exception. in it, jennifer jason leigh plays the foul-mouthed killer, daisy domergue. her performance has earned leigh her first oscar nomination. >> his writing is phenomenal. it is so much fun to read. and i just was happy even to have the opportunity to read for it, you know. it's such a great role. and he's an amazing, amazing director. >> rose: what makes it a 48 role? >> she's just has a lot of secrets. and there's a lot of mystery and a lot of grit there. and there's just so much to play. >> rose: character. personality. history. >> so much. and she's just a devil. i mean, she's this murderous horror in a way. but in another way-- i don't know. of course, i was playing her, but i really liked her. and it's funny because she's terrible. she's a hateful eight, you know.

but a lot of women really like her. >> rose: yeah, what is it? is it because she is all that? she's tough and she's being spirited and she has a-- a combative quality? >> yeah. she has a wicked sense of humor. and she's smart and yeah. i think she-- she's fierce. she's dangerous. >> rose: you imbued her with the idea that she's going to get out of this. >> yes. that's the thing she really-- she knows she's going to survive. she is going to figure it out. she will survive. >> rose: and she's with a bunch of smart characters. >> yeah. >> rose: but she's smarter. >> she's smatter. >> rose: tell me about this other film that i have not seen. anomalisa? >> it is a piece that charlie kaufman wrote -- >> oh, i love charlie kaufman. he sat here at this table. >> he's wonderful.

>> rose: he directed it? >> he directed it. >> rose: and wrote it? >> he codirected it with duke johnson. it's a stop-motion animated movie so it's done with puppets. and we did it originally at u.c.l.a., at royce hall, and the characters are so beautiful. it's very funny but it's also very moving and sad. and i really didn't want it it to end. and then eight years later, he called me and said, "we're going to do it as a stop-motion animated movie." so we voiced it in three days in a dark room like this, incredibly intimate. >> rose: who is lisa? >> she is a very sort of average girl. >> oh, do i look awful? i was just taking my make up off? >> a very sweet, sweet girl. she has a little bit of a scar on her face so she's self-conscious. she's awkward, and she-- she

falls in love, and someone falls in love with her. and she's never had that kind of attention in her life. >> rose: here is a look at the week ahead. sunday is the 58th running of the daytona 500. monday is the day congress returns from the president's day recess. tuesday is the nevada republican caucuses. wednesday is the annual britain music award in london's o2 stadium. thursday is the republican presidential debate on cnn. ed from is the 25th anniversary of the liberation of kuwait during the first iraq war. saturday is the south carolina democratic presidential primary. and here is what's new for your weekend. mavis staples has a new album out "living on a high note." ♪ troublemaker you, you better get ready now ♪

>> rose: portland's oregon p.d.x. jazz festival celebrate the legacy of john coal train. ♪ i never got nothing from nobody ♪ >> rose: "love "begins streaming on netflix. >> you know what's good for a hangover? weed. >> you're really good at that. >> you're like a 40-year-old 12-year-old. >> rose: that's "charlie rose: the week" for this week. before we go, we wanted to note the passing of harper lee, the author of "to kill a mockingbird" and "go set a watchman." if you are from the south, there was william faulkner. there was tennessee williams. and there was harper lee. her fame was also enhanced by the film "to kill a mockingbird."

>> the evil assumption that all negroes lie, all negroe negroese basically immoral beings, all negro men are not to be trusted around our women, an assumption that one associates with minds of their caliber, and which is in itself, gentlemen, a lie. >> rose: thank you for watching. i'm charlie rose. we'll see you next time. >> funding for charlie rose was provided by the following: captioning sponsored by rose communications captioned by

>> rose: welcome to the program. we begin this evening with the battle between apple and the federal government over encrypted data in their iphones. we talked to cyrus vance, jr., the district attorney from new york, and john miller, the deputy commissioner for intelligence and counterterrorism at the nypd. >> i understand, as we all do, i think, with the need for privacy. i mean, i want privacy. at the same time, if you put privacy so far over public safety, what you're going to get is a world with lots of privacy but also a lot of crime because criminals understand these devices are warrant-proof. >> rose: with the caucuses in nevada and the primary in south carolina, we talked to mike allen of politico and jonathan karl of abc about the winners and losers. >> the pol