sot - ted olson apple attorney: the government could require apple to do if it succeeds this way. this is a pandora's box" but tonight the fbi says it remains urgent to get inside that phone. pierre thomas close the reason why is the fbi thinks there may be seven weeks of data leading up to the attacks on that phone. potentially photos, emails and text communication with the other killer, his wife. check out the heavy surf in hawaii. a 12-mile stretch of highway in honolulu had to be shut down because giant waves were washing over the road. beach officials there say this is the biggest swell they've seen in a decade. high pressure will strengthen over the sierra and western nevada bringing dry conditions through the work week. temperatures will remain a few degrees above seasonal averages on tuesday increasing well above average into the start of the weekend. the next chance for light precipitation will be saturday. dry conditions with unseasonably mild temperatures will prevail this week as a ridge of high pressure remains in control of the large scale pattern. breezy conditions

ted olson / apple attorney - "it's being asked not just to open a door but to create a door, create a lock, then create a new key for the lock. and once it does that, your iphone is not safe anywhere." apple plans to file a formal appeal later this week. opening statements are heard in the stalking case involving sportscaster erin andrews. andrews filed a 75-million dollar lawsuit against the owner and manager of a nashville-area hotel ... as well as the man who plead guilty to stalking her back in 2008. today ... andrews' attorney said the hotel's owner and manager should be held responsible. however their attorney said andrews' stalker ... michael barrett ... was solely to blame. the n-f-l will return 120-million dollars it withheld from players over the course of the last three years. that's wall street journal. this comes after an arbitrator recently ruled in favor of the n-f-l players association in a complaint filed by the union last month. the report claims an audit of league finances found a discrepancy that kept ticket sales from players' salaries. an n-f-l spokesman called t

(ted olson/ apple's attorney) "we have to do everything possible to defeat terrorism, to defeat and capture and punish people like osama bin laden and so forth, but we can't do it by breaking our constitution, olson did not say say how far apple plans to go in its court battle -- but said that this is the kind of precedent-setting case that could go to the u-s supreme court. coming up on wavy news ten at five- thirty - the latest on a deadly shooting in kansas. how many lives were saved because of an officers quick thinking. then a little later --- a first for doctors in america. a procedure pioneered overseas. will it bare fruit in the united i've been a turkey farmer my whole life... and i raise turkey for shady brook farms . we don't use growth-promoting antibiotics, that's just the way things should be done. that's important to me. my name is glenn, and i'm an independent turkey farmer. (female announcer) shady brook farms . no growth-promoting antibiotics, omg total shock just tyring to get out of there you know and get help there was a guy down and he needed help we're following anoth

. >> reporter: ted olson, apple's attorney, used to represent the u.s. government before the supreme court. you think that part of the slippery slope here is that ultimately, the government could develop a backdoor with apple's help to listen in, to eavesdrop on phone calls that are happening now? >> yes. >> reporter: olson knows about terrorism. his wife, barbara, was a passenger on the plane that crashed into the pentagon on 9/11. he believes terror cases can lead to government over-reach. >> terrorists want to take away our civil liberties. they want to break down our system. they want us to over-reaction. they want us to say, "well, privacy goes out the window." attorney in baton rouge, hillar moore, says britney mills' case is about catching a killer. >> the question is are you in it to live in a civilized society, free society, and you want justice, you have to give up some of your liberties. and this is one that i think is reasonable for you to give up. >> reporter: the f.b.i. rejects the argument that the san bernardino case would set a precedent.

the company is completely on board with the f-b-i's goal, but that the tactics are wrong. " (ted olson/ apple's attorney) "we have to do everything possible to defeat terrorism, to defeat and capture and punish people like osama bin laden and so forth, but we can't do it by breaking our constitution, we have got to stop at some place, we cannot break someone's back in order to get them to tell somebody where somebody else is." "if we're saying there's a serious threat, throw out the constitution in order to prevent that threat, where do we draw the line?"" he wouldn't say how far apple plans to go in its court battle -- but said that this is the kind of precedent- setting case that could go to court. court were to decide against said apple would go ruling. identified the fire at the where he worked as 38- year-old cedric larry ford. ford was served protection from abuse order about 90 minutes before the attacks began. armed with an assault weapon and automatic handgun, he wounded three people before storming the excel lawnmower parts factory in hesston. 11 people were shot there and three kille

lauren: neil could they go asking ted olson is apple should be ashamed for itself with a similar attack with the happening again. >> it's awful when someone will say someone should be ashamed for getting up for the rights embedded in the current situation. the terrorists want us to lose those rights. nicole: apple expected to file a legal response incorporate tomorrow. cia director will share his thoughts on this issue with their liz claman today are carried down to the closing ballot 3:00 p.m. eastern. nicole: the house intelligence committee holding a hearing on worldwide threats to the united states. the main topics the encryption battle between the fbi and apple. the list of witnesses include fbi director james comite and is expected to be asked about apple in the government's ability to hack into not just the terrorists phone, but the silence of other cases. the hearing just as apple says it prefers congress to start up the issue. the general threat of the islamic state expected to be in focus today at this hearing. lauren: islamic state hackers taking aim for fighting terrorism on

sot - ted olson apple attorney: "there's no limit to what the government could require apple to do if it succeeds this way. this is a pandora's box" but tonight the fbi says it remains urgent to get pierre thomas close the reason why is the fbi thinks there may be seven weeks of data leading up to the attacks on that phone. potentially photos, emails and text communication with the other killer, his wife. a giant boulder will be broken up into pieces today... a look at how this mega-rolling rock could have destroyed homes near lake tahoe. the entire town of kalamazoo on edge after saturday's shooting rampage. what new information is being revealed about that fateful day. guard of the reno police department today. the milan institue on kietzke lane is giving all the proceeds from services to the honor guard that includes hair, skin, nail and massage on until 8 p-m. the nevada department of transportation says reduced to one lane in each direction today because a 8 foot tall boulder weighing an estimated 60-thousand pounds is blocking the road. the boulder fell from the mountainside sat

it's something i picked up on with ted olson, apple's lead attorney on this. name might ring a bell, former solicitor general whose wife died in a plane headed to the pentagon that crashed in the pentagon. obviously the issue came up. is it important to get information on bad guys before they do bad things or follow-up bad things? ted olson with me earlier. in the time we're waiting to settle what you argue is a bigger constitutional issue, that the very people with whom this terrorist was associating might be out there plotting something else. and we could have stopped it if we simply had access to that phone. >> and you can say that every single time. you can say that if we can only break the law, or we can break the back of this individual, if we can break into people's homes, if we can do all these things, we might prevent something awful from happening. but the reason we have a constitution is we do not permit lawless activity even when people say we need to break the laws in order to prevent a greater harm. >> but, ted, those victims families, you can le

e-mail to employees thanking them for their support, and reiterating why apple should not cave to the u.s. government. attorney ted olson is helping apple fight the case. >> this is a pandora's box. liberties and give the terrorists a victory. --: internet's rights internet rights supporters are planning a protest at apple tomorrow. one protest will be outside of the fbi building tuesday night at 5:30. reporting in northwest washington, i am sam sweeney, abc 7 news. jummy: several individuals investigating the deaths of 13 bald eagles in caroline county. ony were found on a farm laurel grove road. a man looking for shed deer antlers noticed for bald eagles dead on the property. officials searched and found nine more, but have not said if they were killed intentionally. the u.s. fish and wildlife service are on that investigation. members of the maryland air national guard's fires squadron are joining the fight against isis. they will make their first deployment. there is no word on how many airmen will deploy or exactly where they will be stationed. in the past, deployments typically last about six months. following som

apple attorney ted olson says apple is on board with the ultimate goal but not the bottom line. >> we cannot break someone's back in order to get them to tell somebody where somebody else is. if we're saying that there's a serious threat, throw out the constitution in order to prevent that threat, where do we draw >> lisa: olson declined to say how far apple plans to get in the court battle but this is a precedent-setting case that could go to the supreme court. if the supreme court ruled against apple, he said apple would go along with the ruling. we should also mention tech giant's are expected to file court documents in support of apple. >> lisa: i'm sure this debate will continue. ahead at 4:30, a mystical manhunt like you've never seen before. it prompted a police search. >> i'll be pinpointing a great event happening in lake eola for folks who like to wine and dine. i'll have the full story, coming up at 4:30. >> lisa: but first, the busy security and safety concerns, but stepping up the image has some raising the red flag. getting results centurylink prism tv has all your favor

but apple is taking to challenge the fbi's ((keyable gfx)) the of millions of its sot - ted olson ("this government could require apple to do if it succeeds this way" apple has hired ted olson - a former senior justice department official whose wife died on one of the planes used in the 9/11 attacks - to sot - ted olson ("this the fbi claims the investigation remains urgent - that the ((keyable gfx)) critical additional clues including ((keyable gfx)) whether others were involved. but was there a ((keyable gfx)) missed opportunity to get inside that i-phone after it was recovered by the fbi?" sabrina: meanwhile on the campaign trail-- sabrina a canadian island is beckoning americans... to move there if donald trump is elected president. jeanne moos has the story of the website that's encouraging americans to come to a trump-free zone. " --reporter pkg-as follows-- when donald trump "get him out." he doesn't mean out of the country. but for those who want to voluntarily leave.... (rob calabrese) "hi americans. donald trump may become the president of your country. if that happens and you

security and privacy between apple and the federal government, and this evening we talk to apple's attorney te ted olson. >> government doesn't have the right to constrict private citizens to invent an operating system for a cell phone any more than they could do a program on pbs or ask an artist to sing a song or write a poem. >> james: we conclude by looking at national security through the eyes of michael hayden, whose new book is called playing to the edge. american intelligence in the age of terror. >> my observation is that the american effort against i.s.i.s. in iraq and syria has been underresourced and overregulated. i'll bring one example to mind. after the horrific paris attacks, after that weekend we actually for the first time bombed the oil fields and the oil distribution system on which i.s.i.s. was relying for a lot of its finances. what made that an acceptable tactical decision on sunday that it wasn't an acceptable tactical decision for the preceding year and a half we were bombing. i've talked to people as well and without betraying confidences, the tolerance of the administration for

watched the just conversation between ted olson, the attorney for apple. what is your position? d: my visit -- michael: my position is that the general principle of requirement am a demand, request that apple universally enable backdoors and all their devices -- on that one, i side with apple. ted brought up privacy and constitutional issues. something that might -- might experience should prepare me to talk about. on the grounds of security and safety, i think that is the best choice. i think that american security and safety in this current cyber era is better served with end to end unbreakable encryption. charlie: under any circumstances? ted: in term -- you do not terms of, want to compel the company to put a backdoor in. charlie: the best way to overcome the argument is asking whata are asking for -- they are being asked to do. michael: this is the distinction. i agree totally with apple on the general premise. no universal enabling. if somebody puts a backdoor and something, i am saying, thank you, lord, here we go. i am not convinced that what james comey and the bureau ar

did apples and nuts bypass courts and settle this in congress? ted olson, arguably one of the most successful attorneys in the country, fighting the good fight for tim clark and company after this. .. .. when you're on hold, your business is on hold. that's why comcast business doesn't leave you there. when you call, a small business expert will answer you in about 30 seconds. no annoying hold music. just a real person, real fast. whenever you need them. so your business can get back to business. sounds like my ride's ready. don't get stuck on hold. reach an expert fast. comcast business. built for business. neil: very little middle ground, those who say apples should lead authorities opened up and given access to everything that was on the san bernardino attacker's mind and anything else he was communicating that april day last year. the other issue that comes that is pricing, freedom of speech, ability to not have the government in true on you. congress should deal with this encryption battle, so says apple and its attorney now recruiting, one of the mos

nicole: stayed sure to tune in to "cavuto coast-to-coast" for neil's interview with apple's attorney ted olson. lauren: let's get you caught up on global market action. stocks close. the shanghai up 9%, hang seng down 1%, nikkei down .9% and the coffee down fractionally. in nicole: in europe all the major averages are down. ftse down one and a quarter%. dax, worst of the bunch down 1.8%. lauren: lower oil prices for the mining companies are waiting there. he was stopped market our futures trading down 93.2 the second day. s&p futures on the lebanon msf 31. nicole: it's all about oil is oil pulls back about 3% late on equities around the globe. local gains over $10 at 1233 a troy ounce. lauren: the dollar traded against key currencies. this japanese yen versus the u.s. dollar. trading under 140. nicole: the yield on the 10 year treasury, 1.71%. lauren: coming up, donald trump walks away with a big witness said cruz and marco rubio rattled off for second place. >> the undeniable reality of the first four states have shown us that the campaign that has the donald trump and the only campaign that

running me now from washington -- joining me now from washington is apple's attorney, ted olson. am pleased to have him on this program. thank you for doing this. ted: it is my pleasure. charlie: where do we stand this evening on the legal issues? ted: a magistrate judge in san bernardino county has asked the parties to prepare and submit briefs, and to prepare arguments as to whether or not the order the fbi is seeking here to cause apple to change the structure of the operating system is something that they will be required to do. charlie: you will make your argument? they will make theirs. this magistrate will make a ruling? ted: yes. it will be the justice department representing the fbi, but they work together. papers will be submitted to the magistrate and as i understand it, as of now, there is a hearing set on march 22. charlie: next month? ted: yes. charlie: he will make a ruling? ted: it is a she. she will presumably make a ruling. that ruling would be appealable to a federal judge. appeals code follows from that. depending on who prevails. i -- charlie: ipad mini of --

. >> there's no limit to what the government could require apple >> attorney ted olson a former justice department official whose wife die on one of planes who died in the 9/11 attacks is helping apple. >> this is a pandora's box. we can't surrender our civil lib lib -- liberties and give the terrorist as victory. >> some victims plan to support the fbi in this legal battle. their attorney said they will file a legal brief. world news begins on channel 9 after eyewitness news at 6:00. things heating up, bob. >> it's a tough problem. >>> bill cosby's wife was in massachusetts today answering questions related to a deformation lawsuit against her husband. camille cosby was woman who sued her husband for deformation. they said he defamed them by calling them liars when they accused him of sexual assault. >>> a judge was expected to decide today whether a lawsuit against the makers of the weapon use in the sandy hook shooting could move forward. back in 2012 adam lanza shot and killed 20 children and 6 adults at sanity hook elementary. now families of the victims are suing the maker of the

apple should comply with the government. cyrus vance, jr., manhattan district attorney. mr. vance, i'm sure you heard what ted olson had to say. you're being used by him and others on the apple side to make the other side of your argument. >> hello, david, good afternoon. david: hi. >> david, i'm not upset that they're referencing our situation because i think the american people need to know that there are real and broad consequences following apple's decision to engineer its phone to be incapable of being opened with a search warrant. so i think the american people need to understand it, i would think they want to understand, while we spend a lot of time recently talking about this issue in the context of the fbi and the federal government, it is in state courts 95% of the cases in this country are handled in state courts and local courts such as the district attorney's office. david: let me just be clear for those listeners now. you, yourself, right here in manhattan, have about 170 iphones right now you want to get into. i'm just wondering if the government is successful forcing apple to get into the san bernan

apple attorney ted olson saysapple is completely on board with the f- b-i's goal, but the ends do not justify the means. justify the means. " " " we have to do everything possible to defeat terrorism, to defeat and capture and punish people like osama bin laden and so forth, but we can't do it by breaking our constitution, we have got to stop at some place, olson declined to plans to go in its court battle -- but said that this is the kind of precedent- settinincase that could go to the u-s supreme court. if the supreme court were to rule against apple, though, he said apple would go along with the ruling. jenna: still to come... can what you eat affect how our brains work? we'll have more still to come fred: (fred) record warmth is coming tomorrow, and temperatures will move up and down quite a bit over the next week. are there any rain or snow chances? your forecast is next! " " tim: one of the rarest dad: i know. spots. culligan man: the problem is your water! so keeping everything spotless is effortless. mom: hey. . dad: the culligan man. culligan man: the problem is your water! a

apple is also rallying public opinion... taking to the airwaves: sot - ted olson, former solicitor general "this week" sunday could require apple to do if it succeeds this way" sot - olson "this is a pandora's box" // "we can't surrender jack: some of the victims of the san bernardino attack plan to support the fbi in this legal battle. their attorney says they'll soon file a legal brief with the court. jack/2shot: "a straight, white boy's club." that's how a new report is describing the film industry. stephanie: just days before the oscars-- a new study is shining a harsh light on the lack of diversity in hollywood. researchers studied 414-films and series. the report found that out of more than 11- thousand speaking roles studied: 66-point-5 percent were male. 33-point-5 percent were female. 71-point-7 percent were white. 12-point-2 percent were black. and only two- percent were gay, lesbian, or bisexual characters. stephanie: concerns about this lack of diversity among to a boycott by some african american actors in the industry. you can catch the oscars here o

apple attorney ted olson compared what the court is ordering to torture ... and called it a clear violation of the u-s constitution. "we have to do everything possible to defeat terrorism, to defeat and capture and punish people like osama bin laden and so forth, but we can't do it by breaking our constitution, we have got to stop at some place, we cannot break someone's back in order to get them to tell somebody where somebody else is." "if we're saying there's a serious threat, throw out the constitution in order to prevent that threat, where do we draw the line?" olson wouldn't say exactly how far apple is willing to take the matter. however he did say that this is the type of legal question the u-s supreme court should weigh in on. after a wild debate last night it was an even wilder day today republican presidential candidates. meanwhile democrats hillary clinton and bernie sanders have another major primary tomorrow. steve handelsman has the story .. . no warning! chris christie and donald trump just showed up together in ft worth. "and trump can beat h

texas scientists that are tomorrow g to up finds the vaccine for the zika virus, also ted olson attorney representing applest the fbi will join us, he's argue several cases before the supreme court including bush v gore. and the father who has been living with an artificial heart for more than a year, imagine that, looking at whether devices could one day replace the need for transplants. the news is back in the morning, so we'll see in you just about ten minutes from now. >> tenant being forced out is 97 years old. marie hatch said she has lived in this berlin game hall on the san francisco peninsula for 66 years. she said her lands lady made her verbal promise years ago she can stay for as long as she wants. the current owner, the grandson in law of the original land lady, want her out in 60 days. >> where i am going to go, i really don't. keeps me awake at night >> want to work watt women to find them new place to live. >>> well, before she took the stage, the kick off her nationwide tour being grammy winning artist carrie underwood surprised local family. "eyewitness news" reporter diana rocco goes bac

. >> i read the briefs that apple filed by a friend of mine and probably yours. ted olson.e legal argument. the law in the western part of the united states where the will be argued in california is very clear. if forced speech is not permitted and software is speech. so without getting too into the first amendment weeds, for the government to say you will create this software for us, is the equivalent of you will give us these words, even though you don't want to articulate twlem the first amendment says we are not permitted to compel you to do this. big picture is, can the government an sent a statute from the congress, conscript a private corporation to work for the government against their will? by private i mean not owned by the government. >> here's the doj statement today. the justice department's approach to investigating a prosecuting crimes has remained the same. the changes come in apple's reason decision to reverse the longstanding cooperation is that complying with all writs act orders. law enforcement has a longstanding practice of asking the court to require

apple to help open the iphone will set a dangerous precedent. >> historically, the government has gone to phone companies and banks and lots of companies to gather information. >> reporter: washington lawyer ted olson, representing apple, demanded this much. >> privacy and liberty is important to the citizens of this country and to the people that buy apple products. are we going to allow terrorists to take that right away from us? without fighting back and asking the court to look into these issues? >> reporter: writing in the "new york times," new york's police commissioner also goes after apple. he asks, how is not solving a murder or not finding the message that might stop the next terrorist attack protecting anyone? a new poll shows 51% say apple should help the fbi unlock the phone. 38% side with apple. for gates, he says he welcomes the controversy. >> people feel like the government not being blind and being able to try and stop bad things before they happen, it's a good debate to be having. >> apple customers who support the company stand against the fbi plan demonstrations today in more than 30 cities. they'll carry banners that say, don't break our iphones. >> fascinating debate. former

i spoke with ted olson, an attorney representing apple.le looses the fight the fbi's demands would mount. i asked him, what about national security? what happens in the future when the fbi is sitting on the phone of a known terrorist, there's an impending threat, and no one can get in. listen to what he said. >> we have to do everything to defeat terrorists, and defeat and capture and punish people like osama bin laden and so forth, but we can't do it by breaking our constitution. we have got to stop someplace. we can't break someone's back in order to get them to tell somebody where somebody else is. if they're saying there's a serious threat, throw out the constitution in order to prevent that threat, where do we draw the line. >> now, the government is expected to respond to appleby march 10th. a final hearing will held on march 22nd, and olson says they're prepared to take this case all the way to the supreme court. we'll keep you updated. christi? >> we appreciate it. thank you. >>> alex wood is with us from london. he's a technology

. >> there's no limit to what the government could require apple to do if it succeeds this way. >> reporter: attorney ted olson, a former senior justice department official his wife in the 9/11 attacks is helping apple fight a court order. he said creating a way to override a phones passcode would put the privacy and security of all apple customers at risk. >> this is a pandora's box. we cannot surrender our civil liberties and give the terrorists victory.>> reporter: some of the victims of the san bernardino attack plan to support the fbi in the legal battle. their attorney says they will soon file a legal brief with the court. bazi kanani, abc news, washington. >>> a judge is set to decide today whether a lawsuit brought by families of victims in the sandy hook elementary massacre can go forward. gunmen adam lanza shot and killed 20 children and six adults and 2012. nine families and a schoolteacher who survived are suing companies that make the the suit is the most recent of a 2005 federal law designed to protect on makers from liability when their guns are used in crimes. the passage of the protection of l

bush ted olson will be representing apple in this case, and has been hired to do so.will appear march 27th hearing, to compel will to work with the fbi. the senate intelligence committee's efforts to come up with new legislation that could force all devices, all companies that make any device that could be wiretapped, subject to a 1994 clinton era law that will let law-enforcement with a court order wiretaps devices, just a phone companies have to comply with the internet and broadband or wireless phones. cheryl: ted olson is a free-speech attorney. >> reporter: his wife passed away in the 9/11 attacks. cheryl: yesterday liz claman had go daddy's ceo to talk about identity protection in apple versus the fbi, sparked the online debate. here is what david post on facebook. because so many main -- the main extension's exist no matter how many domains you by someone can create a similar domain. the trump campaign rejected the jeb bush.com he tweeted not for nothing but anyone, any thing it shows donald trump and his team's foresight and business savvy. one of our favorite

running me now from washington -- joining me now from washington is apple's attorney, ted olson.

running me now from washington is apple's attorney, ted olson.

we're joined by the lawyer who will be making apple's case. ted olson. mr. olson, thank you for joining us this morning. the justice department had tough words for apple. this is not about privacy and security but apple's concern for its business model and public brand marketing strategy. how do you respond? >> we have the greatest respect for the justice department and the fbi for their goals and their motivations. we would hope we would goat the same respect and understanding back. this san extremely important debate about privacy, civil liberties and so forth. we want, and apple has helped every way the law required. but it has to draw the line at re-creating code. changing its iphone, putting its engineers and creative talents to destroy the iphone as it exists. apple has a responsibility to maintain the trust and faith of millions of people who are depended upon apple to produce a product that protects their privacy, their intimate personal life. this is a pandora's box. we're not just talking about one magistrate. there are hundreds of magistrates. hund