and plus she was declared dead until she squeezed her mother's hand. >> breathtaking. it was a miracle in its own. you don't expect it and then all of a sudden it's there. a mother breaks her silence as the uber driver who now admits to shooting her daughter appears in court. it's 5:30 on the east coast, 2:30 out west. this is "way too early." good morning. it's tuesday, february 23rd, i'm jonathan capehart. coming off two big wins in new hampshire and south carolina primary, donald trump will try to wrap up a caucus victory in nevada tonight. about 8,000 thousand packed in the south point arena where trump demanded they get out and

caucus and had tough words for the three protester who interrupted his speech. >> i'm watching television tonight, and they'll say, trump will win tomorrow. believe me, just assume we'll tie, okay? if you assume we're going to tie, you're going to go out and vote. you know? or as they would say in the old school caucus but forget the word caucus. go out and vote, okay? i'm not going to use the word caucus. i'm going to use the word just vote. people say -- i don't want to give you an excuse what the hell is caucus? nobody knows what it means. i'm going out to the caucus sites tomorrow. okay? i'll be at a lot of them. and you better be there if you're not there i'm going to be so angry. frankly, if the people in this room went out and did it we'd win with that amount of people. bye-bye. good job, fella. look, see, he's smiling. see, he's having a good time. honestly, i hate to see that. here's a guy throwing punches,

nasty as hell, screaming at everything else. when we're talking. i mean, we're not allowed -- the guards have very gentle with him. he's walking out, smiling, laughing, i'd like to punch him in the face i'll tell you. [ cheers and applause ] >> with nevada's caucus just hours away, ted cruz has fired a top aide for sharing a misleading video of marco rubio. it suggested that senator rubio had said there were quote not many answers in the bible. in fact, rubio had said that the bible had quote, all the answers. cruz communications director rick tyler shared a news story about the video, which he soon deleted for which he apologized, but rubio pounced. >> this campaign now has repeatedly done things they have to apologize for and no one is held accountable. who is going to be held accountable for making up this video? who was held accountable for lying about ben carson? who was held accountable for the robocalls and held accountable for the commercials on television that they had to pull down?

>> a short while later in a press conference cruz described the incident as a mistake. and dismissed one of his campaign's earliest and most visible staffers. >> the news story was false. that staffer deleted the tweet. apologized. and pulled it down although i have spent this morning investigating what happened. and this morning, i asked for rick tyler's resignation. i had made clear in this campaign that we will conduct this campaign with the highest standards of integrity. that has been how we have conducted it from day one. it is why when other campaigns attack us personally, impugn my integrity or my character i don't respond in kind. >> rick tyler personally apologized to senator rubio online and on tv. the rubio campaign responded calling him a quote really good spokesman who had the unenviable task of working for a candidate

willing to do or say anything to get elected. as for donald trump, he tweeted, wow, ted cruz falsely suggested marco rubio mocked the bible and was just forced to fire his communications director. more dirty tricks. and cruz has now apologized to rubio in person for fraud and dirty tricks. no wonder he has lost the evangelical support. and late last night, a fight broke out over an apparent change from cruz's approach to the more than 11 million undocumented immigrants in america. here's what the senator from texas said last month and last night. >> will you have a force that goes door to door, rounds them up and deports them? >> we have an enforcement force, it's called border patrol and immigration and -- >> they're at the border -- >> no i.c.e. the not, they're at the interior. we don't have a system that knocks on every door in america. that's not how the law

enforcement system works. >> trump said he'll have a force go and grab them and deport them. >> we have law enforcement authorities that enforce our laws. your question you keeper saying are they going to knock on every door in america, no i don't intend to send jack boots to knock on your door or every door in america. that's not how we enforce law. >> trump will look for them, will you do that if you're president? >> of course you would. that's why i.c.e. the for. they apprehend them and deports them. >> wait, let me get this straight. this is important. i'll use the same example. so tommy o'malley from county cork in ireland is over here, he overstays the visa, and he's got a couple of kids. he's settled into long island and you president cruz are going to send the feds to his house, take them out and put them on a plane back to ireland? >> you better believe it. >> look, i don't believe the

american people support some sort of militaristic roundup of individuals. i don't think you can carry it out. the sort of tactics would offend the american people. >> from there, campaign flakes went into attack mode. a rubio staffer tweeted tonight ted cruz endorsed an idea he expressly rejected knife weeks ago. what changed? south carolina? and for those salivating over cruz's comments on o'reilly, it's the law today. and marco rubio has high profile endorsements including bob dole and senators and congressmen from nevada. john kasich caused a bit of a stir on the campaign trail yesterday. after he told a crowd in fairfax, virginia, that early in his political career he won his first election to the state legislature thanks in large part

to those women who left their kitchens to campaign for him. >> how did i get elected? we just got an army of people who -- and many women who left their kitchens to go out and go door to door and to put yard signs up for me all the way back when, you know, things were different. now you call homes and everybody is out working, but at that time, early days, it was an army of the women that really helped me to get elected to the state senate. >> and at least one woman in the audience had something to say about that. >> first off, i want to say your comment earlier about the women came out of the kitchen to support you, i'll come to support you, but i continue be coming out of -- but i won't be coming out of the kitchen. >> i've got you. and hillary clinton said it's 2016. a woman's place is wherever she wants it to be. speaking to reporters, kasich said he agreed with clinton but said that the criticism wouldn't stop him from going off script.

>> look, i don't -- everybody has to relax. i i am not a scripted candidates. i don't use teleprompters or run around with notes like lots of people. i'm real. i might say something that's inartfully said. i'll have to go back and make sure people know what i really mean when i say something. but, you know, what those attacks tell me is that somebody's listening out there at a time when nobody ever heard anything i said. so i'll be a little bit more careful but i'm going to continue to operate with, you know, on a high wire without a net. now let's turn to the democrats and senator bernie sanders who went on the offense yesterday, following his loss in nevada. with five days to go before south carolina and eight before super tuesday, sanders travelled to massachusetts where he vowed to start drawing starker contrasts with hillary clinton. he used some of his strongest language to date on issues like wall street donations and trade.

and also jabbed at clinton for beginning to adopt some of his positions. >> i have to say that i am delighted that secretary clinton month after month after month seems to be adopting more and more of the positions that we have advocated. that's good. and in fact is beginning to use a lot of the language and phraseology that we have used. in fact, i think i saw a tv ad, i thought it was me. but it turn out it was secretary clinton's picture in the ad. but the people of massachusetts and the people of the united states need to know the difference between hastily adopted campaign rhetoric and the real record and the long held ideas of the candidates. what the american people have got to determine is which candidate, whose life work is

about standing up to the billionaire class, standing up to wall street. standing up to corporate interests. and who does not. >> after his press conference, sanders travelled to umass amherst where he drew a crowd of more than 8,000 people. there he continued to attack clinton over her super pac money and wall street donations. massachusetts is one of several states sanders will have to do well in on super tuesday when almost 900 pledged delegates are at stake. new polling shows him tied with clinton there, but trailing her by a wide margin in states like georgia, michigan, north carolina and illinois. after seven hours behind closed doors, camille cosby isn't done answering questions. the wife of bill cosby testified under oath yesterday in a civil suit filed by seven women who claim her husband defamed them

by denying their allegations of sexual assault. this after losing a last minute bid to giving the deposition altogether. by the end of the day, cosby had answered questions for 2 1/2 hours and she'll return for more questioning later this month. >> she was someone that was reserved. i got the sense she didn't want to be there. >> bill cosby has countersued, claiming the seven accusers has defamed his character. he is accused of sexually abusing a woman in 2005 and he said it was consensual. he and his lawyers have denied all allegations of sexual misconduct. uber is standing by the screening process after michigan officials charge one of its drivers with giving rides while carrying oa deadly shooting

spree on saturday. jason dalton admitted to the shooting and he told the judge yesterday he'd prefer to remain silent. nbc's blame mc -- blake mccoy report. >> reporter: accused shooter jason dalton appearing in court via closed circuit tv. >> i prefer to remain silent. >> reporter: the father of two has been charged with 16 felonies including six counts of murder. >> there is videotapes of these incidents. he walkled up on the people and shot them. >> reporter: a motive remains unclear, but the detectives say dalton has admitted to being involved. eight people shot in three separate locations over nearly five hours. it began at an apartment complex around 6:00 p.m. saturday where teyana carruthers, a mother of two was shot multiple times and she managed to identify dalton as the shooter and is expected to survive. rich smith and his 18-year-old son tyler were killed at a car

dealership four hours later. rich's wife lori saying my heart is shattered, crushed into knife pieces. and in a nearby parking lot, 63-year-old mary lou nye died. >> i don't know how i'll explain it to my son. >> reporter: dalton had a high uber rating before saturday. >> we're working to support the law enforcement investigation we've provided them with gps logs. >> reporter: several passengers have come forward with receipts showing dalton gave them rides even after the shooting began. one man says he took an uber with his family, because he heard about the shootings and thought it would be safer than walking. >> i jokingly said to the driver, you're not the shooter, are you? he shook his head and said no. >> reporter: for an entire community the randomness of the attacks is still difficult to comprehend. yesterday, we told you about the 14-year-old girl who held on

even after she had been declared dead. abigail kopp was pronounced dead and doctors had begun prepping her for organ donation when suddenly she squeezed her mother's hand. here's what she said. >> everybody needs to get that straight. my daughter not dead. she is alive and she is fighting for her life. i want everybody to understand that. abigail is strong. and she was a vibrant, beautiful young lady and did not deserve this. >> the suspect's family released a statement sending their condolences to the victims and pledged to cooperate with the investigation. senator claire mccaskill of missouri has been diagnosed with breast cancer. she made the announcement in a blog post yesterday writing it's little scary, but my prognosis is good and i expect a full recovery. the 62-year-old lawmaker said she would spend the next three weeks undergoing treatment in st. louis. though that won't silence her. she will be updating her website with how she would have voted on

any issues that she misses while away from washington. we wish you a speedy recovery. still ahead on "way too early," the san bernardino shooting victims and bill gates take a side in apple's fight with the federal government. that, plus bill karins is tracking severe weather and possible tornadoes when "way too early" comes back. you focus on making great burgers, or building the best houses in town. or becoming the next highly-unlikely dotcom superstar. and us, we'll be right there with you,

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well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there. are you taking a zumba class? welcome back to "way too early." the "wall street journal" reports that the justice department may pursue court orders to get apple to extract data from about a dozen other iphones that are not involved in the san bernardino case. meanwhile, apple has released a public faq page to answer questions for the public on why they're objecting to the government encryption order. cnbc's nancy hulgrave is joining us live from london. another tech billionaire has joined the dialogue. >> that's right. and this time it's bill gates

the microsoft cofounder raging into this ongoing debate here and his argument is sticking with the fbi saying it's important to remember that they are asking for permission for a particular case. and he's really shunning other arguments that say this could set more of a general precedent. that's really the key element we have in discussion here when we talk about the different sides. tim cook over at apple, the ceo telling employees this could set a dangerous precedent going forward. he's been seeing other support from silicon valley stars like zuckerberg. but bill gates said this is for a very specific case, in which you might request phone or bank records as well. that's his line of the debate. and we are seeing public opinion around tim cook and fbi at 50%. >> thank you. time for sports.

we begin with a "wall street journal" report that can mean an increase in the salary cap next season. they will return $1 million from a pool of revenue after an arbitrator found that nfl owners mischaracterized some ticket revenue over the past three seasons. while league officials have not confirmed the dollar amount, spokesman brian mccarthy said it was a response to a quote, technical accounting issue under the cba involving the funding of stadium construction and renovation projects. in other sports headlines, disappointing news surrounding tiger woods that has his agents denying claims of setbacks in his rehab. tiger's agent was forced to respond after an author who penned a tell all book posted tweets painting a grim picture of his injury status. he spoke about the revelations on "the dan patrick show" yesterday. >> it's difficult for him to walk, there's a lot of pain, sitting is painful.

if he rides in a car he sits in the passenger seat. and he has to fully recline the seat. to avoid pain. i'm not declaring that his career is over and he'll never play golf again, but i just -- you know, this is just not good news for anyone who is a tiger woods fan or is a golf fan really. >> tiger who's recovering from a third back surgery told reporters in december that there was no timetable for his return. now let's get a check on your weather with nbc meteorologist bill karins. >> well, thanks, john. today could be a dangerous day and a deadly day from severe storms. we have a shield of rain over virginia right now moving into d.c. that will move up i-95 today and producing rain in philadelphia by about middle of the day. then by this evening rush hour some rain and mixed with snow around new york city. but it's down aamong the deep south and the northern gulf coast, already a strong complex of storms near victoria and heading over to houston. this does not have tornadoes

with it yet. later this afternoon it will energize and by the time it gets to louisiana, that's the area of greater concern. a large coverage of storms and the potential for strong tornadoes. maybe only one or two. but that's all it takes and if that heads to a little town or city you can get some extreme devastation and the timing is later on this evening. so this area from baton rouge to new orleans around 7:00 to 8:00, biloxi to mobile. and then towards montgomery and dalton the storms should be weakening. we'll watch this this today. make sure you have your tornado safety plan in place because tonight could be a dangerous night. >> wow. i hope everyone stays safe down there. still ahead the mega music producer accused of sexually assaulting ke$ha uses twitter to fight a trial by twitter. we'll explain when "way too early" comes back. know your financial plan won't keep you up at night. know you have insights

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now let's get a check on the morning's other headlines and for that we head to the control room and louis burgdorf. >> good morning. let's go to a story we talked about yesterday, dr. luke has broken his silence on the claims from singer ke$ha that he sexually assaulted her a decade ago. a judge ruled that she would not be released from her contract with sony. that requires her to work with luke gotwalt. he said, i haven't commented on the lawsuit, that should be

determined in court, not here on twitter. he said, i never had sex with ke$ha. we were friends for many years and she was like my little sister. his lawyer slammed the #free ke$ha social media campaign accusing the lawyers to subjecting him to a trial by twitter. the producer is countersuing the singer. i'll go to another story here. drake is no stranger to the bar mitzvah. he is known to attend bar mitzvahs and bat mitzvahs by fans. video surfaced of the canada native rapping his hit "hotline bling" while teens sang along with him at the iconic rainbow room here at 30 rock. i mean, jonathan, mom, dad, i don't want a deejay, i want

drake. that's out of control. >> i know. my god. >> that sounds like a pretty good bar mitzvah. finally this morning the university of new hampshire hockey fan had a hard time carrying out a school tradition. a large fish is tossed on the ice every time the home team scores the first goal at a home game. we got a lesson in perseverance on this one as the fan attempted not once, not twice, whoa, watch out there in the front row. but three times the charm there. as he gets it over the glass. that's a big fish to get over that high glass. >> all that wasted fillet. >> that's right. you can probably still eat it. it's on ice. >> that's nasty. thanks a lot, louis. that does it for me. coming up. it's republican caucus day in nevada. and ted cruz tries to get a grip on the fact he's running a dirty campaign.

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