captioning funded by cbs it's wednesday, february 17th, 2016. this is the "cbs morning news." battle for the bench. president obama issues a challenge to senate republicans saying they have no constitutional grounds to refuse consideration of a new supreme court nominee. order to unlock. a federal judge tells apple it must help the fbi hack into the iphone of one of the san bernardino shooters. rock 'n' roll returns to paris. eagles of death metal take the stage in defiance three months after being targeted by terrorists. and meet the leader of the

pack. a german shorthaired terrier takes home the top honors at the westminster dog show. good morning from the studio 57 newsroom at cbs news headquarters in new york. good to be with you. i'm anne-marie green. president obama fired at senate who say they won't consider his nominee for replace antonin scalia of the supreme court. a funeral is planned for saturday. speaking in california yesterday, mr. obama said the constitution is clear and the senate has no grounds to refuse a vote. >> there's no unwritten law that says that it can only be done on off years. that's not in the constitutional text. i'm amused when i hear people who claim to be strict

interpreters of the constitution, suddenly reading into it a whole series of provisions that are not there. there is more than enough time for the senate to consider, in a thoughtful way, the record of a nominee that i presented and to make a decision. >> senator chuck grassley, chairman of the senate judiciary committee, which would hold hearings on the nominations is one of several republicans they might be open to doing just that, holding hearings. grassley said he would wait until the nomination is made before making any edition. the president also weighed in on the campaign to replace him, taking particular aim at donald trump. don champion has our report. >> reporter: donald trump took aim at president obama in south carolina on tuesday night moments after the commander in chief said this.

>> i have reason to believe that mr. trump will not be president. because i have a lot of faith in the american people. >> reporter: trump still commands a double-digit lead in the pal meadow state. >> i've never seen a human being lie so much. he lies about everything. >> he didn't tell the truth about ben carson in iowa and not my motion on marriage. >> reporter: the texas senator fired back. >> they just scream liar liar liar. >> reporter: on the democratic side, hillary clinton is trying to maintain a lead of south carolina. tuesday, she and bernie sanders court minority voters. >> it's not enough for your economic plan to be breakup the banks. you need a plan to address the generations of underinvestment and neglect. >> we need to provide substantial help to hbcu who have done a great job. >> reporter: democrats hold their primary in south carolina a week from this saturday.

now president obama still has not said whether he intends to endorse sanders or clinton. he also has not said when he plans to do so. >> don champion here in new york, thanks a lot, don. jeb bush is getting pounded on social media for a tweet apparently designed to appeal to gun owners. the tweet showed a handgun with bush's name engraved on it. it has a one-word caption -- america. it did not go over well on twitter there were a flurry of mocking. apple says it will oppose any order from a federal judge to help the fbi hack into the iphone of one of the san bernardino shooters. in a letter to apple customers, ceo tim cook calls the implications of the demand chilling, ultimately making apple users less secure. syed farook and his wife killed

14 people in san bernardino last december. >> for a company to appear to acquiesce to a government request to decrypt a phone or to assist in its dekrincryption co hurt sales. >> the justice department is arguing that the encryption ability to uncover evidence. we will get an analysis of apple's analysis coming up on "cbs this morning" from rikki klieman. u.s. stealth fighters through over south korea south korea in a show of force between the two koreas. the jets arrived at japan and based near seoul. the f-22 raptor is one of the most advanced fighter jets in the world. the u.s. would not say just how long the four jets will be deployed in south korea. pope francis wraps up his visit to mexico today. he'll become the first pope to

visit the u.s./mexican border with where he plans to go to a prison and meet with mexican workers and show his area of concern for the plight of residents. >> reporter: pope francis will celebrate mass before hundreds of thousands in juarez later today and 50 miles from the border in el paso. >> the plan after the mass he will walk up to the fence and offer a personal prayer for migrants. >> reporter: tuesday, the pope told 45,000 young people that they are the wealth of the future and urged them to avoid the lure of the areas profisk drug trade. the pope said he knows it's hard to feel valid when they have lost so many young ones to drug violence. reminiscent of a concert, one said we love you, pope. some call the pope's visit here

a diversion. how many people do you think are unhappy with the pope here? 10%? 20%? >> i think a little bit more. like 40%, 45%, because they think that the money should be in other areas. >> reporter: the hash tag i don't want the pope here said this. millions of others disagreed and have embraced the pope at every turn. adriana diaz, cbs news, mexico city. smoke filled a boston subway station. a third rail problem disabled two trains and caused motors to overheat. smoke filled the station. passengers started kicking out train windows. passengers say there was panic and chaos, but there are no reports of any serious injuries. the weather in south florida today is forecast to be much improved over yesterday morning when a string of tornadoes tore

through the miami area. at least four tornadoes hit the area during rush hour tuesday. winds of over 100 miles per hour damaged buildings and caused all kinds of problems on roadways. no serious injuries were reported, though. and there was record snow in rochester, new york. over 18 inches. the second snowiest february day ever reported and more snow is not forecast for today. coming up on the "morning news." emotional return. the band eagles of death metal played for its first full show since the paris terror attacks. and, later, we will tell you who is blaming beyonce for inciting violence. this is the "cbs morning news." ♪ ♪song: "that's life" ♪song: "that's life"

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redemptions. security was tight and emotions were high as paris olympia theater. the california rockers were on stage when gunmen stormed the bataclan theater. some survivors of the attack were back in the audience last night. a tennessee sheriff is blaming beyonce for shooting. the government's cyberstrike option against iran. those are some of the headlines on the morning newsstand. "the new york times" is reporting on an abandoned u.s. plan for a cyberattack against iran. the obama administration reportedly wanted a way to cripple iran short of all-out war. the operation was code named nit nitro zeus and dropped last summer. the "l.a. times" is reporting the start of an accused serial killer's trial. ronnie franklin, jr., is charged in the death of nine waenel a

15-year-old girl. killings started more than 30 years ago. it came to be known as the grim sleeper case because of the 14-year gap in the murders. "the washington post" is reporting new blood donations deadlines prompted by the zeika virus. no reports of zika entering the u.s. ronda rousey says she contemplated suicide after a devastating defeat. >> what am i any more? i thought about killing myself in this exact second. i thought i'm nothing. what do i do any more? >> the ultimate fighting star admitted her feelings to ellen degeneres. rousey said her boyfriend helped her overcome her emotional low

point. new sfals video shows a pregnant homeless woman entered a bath warm of a subway shop on monday. police say the baby born was born in a toilet and he was found after she left. the infant is okay. the woman is hospitalized and facing charges. and the daily news journal of tennessee reports a sheriff who is linking beyonce to shots fired near his house. he and his family were home at the time but no one was hurt. the officer says the singer's bowl show may have inspired hatred of police. the suspect fled. it's not known if the sheriff's home was specifically targeted. still ahead, singer paul mccartney is turned away from a party hosted by tigga. being a part of helping people in need is who i am. working at brookdale for me is not just a job, it's a life for me. i love it.

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here's a look at today's forecast in some cities around the country. tonya has a plan to get everything back on track, because after tweeting that he was 53 million in debt, he tweeted mark zuckerberg, invest $1 million in kanye west's ideas. brilliant! i can't wait to reach out to the founder of facebook than the one place he is sure to look --

twitter! >> good point. on the cbs "moneywatch" a move to halt oil prices and free falling prices and easier to book a flight to havana. jill wagner is at the new york stock exchange with that and more. good morning. >> reporter: good morning. four of the world's largest oil producers have agreed to freeze production if other countries do the same. representatives of the four countries rusch, saudi arabia and qatar and venezuela met in the oil capital yesterday. oil prices dropped more than a decade. all of those countries except russia are opec members. so far, opec has refused to cut its official opec quotas and it could hinge on iran. despite another slump in the price of oil, the dow gained 222 points and s&p rose 30, nasdaq finished 98 points higher. united states and cuba agreed to resume scheduled air

traffic for the first time in more than 50 years. the new deal could mean as many as 110 flights a day and it would possibly begin this fall. late in 2014 the u.s. and cuba announced they would start normalizing relations. wi-fi provide go go is hoping to get out of its crack. american says go go hasn't kept up with technology and there are faster, more reliable, and less expensive options. the ft. worth star telegram first reported on that lawsuit. american says reliable internet is one of the most reliable factors for customers. youngsters very own tesla model s. radio flyer says the kiddie version of the battery-powered sports car costs $499. the target driver is age 3 to 8. the miniversion of tesla has lithium ion batteries and working trunk and can go more

than 6 miles per hour. the cars will start shipping in may. where were these when we were kids? >> that is pretty much the only tesla i can afford! jill wagner at the new york stock exchange, thanks a lot, jill. more winners in that record setting powerball jackpot are stepping forward. florida lottery officials will introduce them at that time a news conference today. three tickets were sold in $6 million drawing. a man has already claimed part of that prize. see spot run. we will show you the great brown frekl freckled dog that won top prize at the westminster dog show.

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available at walmart in the foot care aisle or near the registers. here's a look at today's forecast in some cities around the country.

we need -- work on it. >> how much more of a vip do you really need to be? paul mccartney was denied access to a grammys after party hosted by rapper taiga on monday night. his all-star entourage included taylor hawks among others. turned out they were at the wrong party and having taking heat on social media, taiga tweeted he had nothing to doing with stopping the ex-beatle at the door. the owners of this year's westminster kennel club dog show winner say the dog takes his name in stride. jamie yuccas introduces us to cj. >> reporter: a 3-year-old german short-haired pointer is best in show. his breeder and shower and handler says cj is an old show. >> he is a serious show dog.

when he gets in there, we are all business. when he goes home, he is all pet. >> alert, bright, paying attention. >> reporter: the competition started with nearly 3,000 canines from 199 breeds. only the seven top dogs made it to the final. lucy, panda, anibal, roomer, cj, seven new breeds were added to the competition this year. all of them meeting and greeting and tripping about a mile and a half from the arena. most of the competitors then arrived by bus to adoring fans. cj will now embark on a whil wind media tour. jamie yuccas, cbs news, new york. coming up after your local news on "cbs this morning,"

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on the democratic side, hillary clinton and bernie sanders. >> trump trump. trump trump. trump trump trump trump. >> hello. who is this? >> this is donald trump. hello, stephen! >> donald trump? dru donald trump? listen, i got to make sure this is really you and not somebody abusing the trump phone. say something that donald trump would say. >> well, i could say, you're fired! >> i'm not sure the only one who would say that to me, but thank you very much. late show host stephen colbert taking a phone call from donald

trump. >> i got a suggestion. why don't you have a swear jar and every time you say a bad word, you put a billion dollars in it. >> that's not a good idea. >> okay? >> the mayor of crystal city, texas, was taken away in handcuffs last night. >> what do you have to say about all of this? >> mayor ricardo lopez was arrested after an apparent scuffle with citizens during a city council meeting. the meeting was to discuss recalling the mayor who is being investigated for corruption. coming up after your local news on "cbs this morning," we sit down with defense secretary ash carter on the fight against isis in syria and the role of russia. plus cbs news travel editor peter greenberg goes for a ride in a driverless car to show us just how far the technology has come. >> to see where driverless cars

are heading. we went for a ride with professor raj where the technology was created over 30 years ago. >> for all of those people who are telling us we are going to be driving in a driverless car tomorrow, you say? >> just wait. the magic all happens in here. >> that's right. keep waiting. because despite all this technology and decades of research, the driverless car still has a long way to go. and actress kate hudson joins us in the studio with her new lifestyle book. that's all ahead on "cbs this morning." that is the "cbs morning news" for this wednesday. thanks for watching. i'm anne-marie green. we will leave you with james corden and carpool karaoke. >> you can't see the level of

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good morning, in allentown police officer is shot while serving a warrant, leaving to an hours long standoff. the drama ending overnight with the suspect in custody and that officer recovering. we are live with an update from the hospital. also, damaging storms ripped through the area leaving behind destruction like this. we will have the latest on the clean up efforts and good news kate says today will be quiet. forget about mega millions and power ball these parents are playing lottery for their child's school. they hope jackpot will be a better education. it is wednesday, february 17th i'm erika von tiehl. the lets check with katie and meisha a. >> good morning. it