Skip to main content

tv   The Real Story With Gretchen Carlson  FOX News  February 22, 2016 11:00am-12:01pm PST

11:00 am
million to help fight childhood cancer. >> our producer nick went to penn state. you do have to stay up for that -- there is no shifts. you have to be up that whole time. >> 46 hours. congratulations, thank you for joining us. >> "the real story" with gretchen starts now. >> one day now and counting until the republican caucuses in nevada. john kasich is the only republican not there today. kasich looking ahead to virginia with two campaign events planned there. meantime the rest of the gop field is in nevada making a final push before the caucuses. senators ted cruz and marco rubio making appearances today as is front-runner donald trump. we have coverage for you on decision 2016. first, mike emanuel is live in las vegas with the republican side.
11:01 am
mike, what is the latest dustup now between the cruz and the rubio campaign. >> reporter: senator ted cruz's communications director tweeted an article. in it the article claimed that senator marco rubio told a crew staffer in south carolina that there were not many answers in the holy bible. today rubio blasted the cruz camp for dirty tactics. >> you guys have to be saying this. now it's every single day something comes out of the cruz that's untrue and in this case goes after my faith. >> reporter: earlier on america's newsroom, cruz's excommunications director rick tyler accepted blame. >> i posted it in haste. i should not have done it. i apologized to marco rubio, to the campaign. i posted that on my facebook and shared it on twitter. i'm saying it here. it was a mistake. i would not knowingly post something i knew to be false. but you are right the judgment about what he said was wrong.
11:02 am
so i apoll jitz about that. >> that is just the latest in a series of skirmishes between the rubio and cruz campaigns as things get tough here in nevada. >> no doubt. okay, what's front-runner donald trump doing as we count down to the nevada caucuses tomorrow? >> reporter: we expect he is going to have a huge rally here in las vegas tonight. and earlier donald trump tweeted, i'm in las vegas at the best hotel by far, trump international. i'll be working with my wonderful teams and volunteers to win nevada. i should note that trump will be sawn hannity's special guest tonight at 10:00 eastern on fox news. >> as the voters in south carolina get ready to vote in a few days. while both hillary clinton and bernie sanders have campaigned in that state neither is there right now. but that's where we find ed henry, live in colombia, south carolina. ed, after losing nevada, the pressure now is back on sanders
11:03 am
to try to turn it around heading into south carolina, right? >> that's right. saturday night. and he was here today, bernie sanders, campaigning with the actor danny glover. why? well, hillary clinton has the actor morgan freeman voicing with that distinctive voice of his from so many hollywood movies ads for her here in the palmetto state. they are both trying to reach out to african-americans. clis clinton has an edge here with african-americans. sanders has a lot of ground to make up. but when you look at super tuesday, the tuesday after this coming saturday in the south carolina primary it's going to come fast and furious where there are a lot of states where sanders is going to have to make up grounds with african-americans, alabama, arkansas, georgia. these are states where clinton should do very well. what a lot of people are missing is there are a lot of states where sanders could do well in addition the that, massachusetts, minnesota, and of course his home state of vermont. >> polls show that hillary has this huge lead or big lead in
11:04 am
south carolina. so why isn't she there? >> well, she is raising money in california all day today and part of tomorrow. so what she has to watch is, to make sure that she is not sort of taking for granted this big lead, double digit lead in south carolina and not acting again like the inevitable front-runner. because shoes' trying to keep up with bernie sanders who is raising these millions over the internet. so a lot of fund-raising in california rather than bog on the ground here in south carolina. and by the way, she hasn't taken a question from the traveling press corps, hillary clinton, since early december. again, you have to be careful when you are taking this lead and you are the front-runner again not to look like you are out of touch. >> okay. no questions since december? wow. we're almost to march. ed, thanks. it's delegates who will you would madly determine each party's nominee. and there are plenty still up for grabs. 1237 delegates are needed to become the gop nominee. trump leads the way with 67 after three political contests. behind him, ted cruz and marco
11:05 am
rubio. you can sear neck-and-neck, 11 and 10 delegates respectively. over on the democratic says, 2383 del gets a are needed for the nomination. even though the matchups have seemed close, look at thein screen, clinton has a big lead, 502 to sanders 70. that's because they have super delegates and the math is different the way it plays out on that side. a big development from the south carolina primary with former florida governor jeb bush dropping out. race. where will his supporters and all that campaign cash go? push had a powerful super pac behind him, one that spent millions and millions of dollars in ads, but none of that seemed to help. >> jeb, who is a very, very decent guy clearly was very badly served by this pac and it clearly failed toll do its job. it strikes me that -- it's odd that there is no public accountability. not a legal malpractice, but no
11:06 am
public accountability of any kind for the people who wasted that much money. the biggest super pacs we've seen this year have not been successful. money it turns out is not the decisive factor. >> chris steigerwald, thor thof fox news first. he joins me now. it's interesting to see newt gingrich rich's perspective. this is percolating out there right now, all these millions and millions of dollars that were spent. and gingrich says, look, there's some sort of a public accountability here. what do you think? >> well, look, there is such a thing in politics as not enough money. that definitely -- we've seen candidates and kmans fail because they didn't have enough money. but i think to the former speaker's point, we now have evidence that there is no such thing as enough money to make a bad candidate or a unlikely candidate win. you cannot buy an election. you can try, but you can't do night all right. let's take look at how many millions we are talking about super pacs spending. $215 million so far on ads.
11:07 am
$9 million are or just around 4% only spent on attacking the front-runner on the gop side, donald trump. that is -- that's quite an amazing story, chris. and i really think that's been an undertold story. the big question is why? why are the candidates, the other ones, not using money to attack donald trump? >> because they all believed that he would evaporate on his own, that somehow he was going to go away that there would be a fizzle or a bust and they weren't going to worry about him. they were going to worry about each other. going forward, i think you will erub yo and cruz, the final pairing, the final showdown, on the 15th of march, when it will be one of them versus donald trump on the final match up, i expect they will start attacking each other. but i suspect the number of super pacs attacking trump is going to go up and up and up. now that the field has cleared out and rubio is shaping you to be the antitrump favorite, i
11:08 am
think you will start to see a lot of momentum moving in that direction. >> let me ask you quickly, the money that's left over in the jeb bush super pac, that stay there is but they can choose to use it to help another candidate? >> right. the way in a the super pacs work is you can give an unlimited sum of money, and they can spend it on whatever they want. >> okay. >> now they have a board there that decides how they are going to pay it. check choose give back any funds that are left over. but i think a lot of donors would rather see it come to a good end rather than this bust. if they could land blows on donald trump and do something though, those in the republican party opposed to trump would probably express gratitude for what has oerds been a debacle. >> let's look at our presidential power index focusing on the gop in nevada. it finds donald trump in the lead followed by senator marco rubio and senator ted cruz.
11:09 am
kasich and carson at the smaller pack. >> it's easier to keep track. donald trump should win by nevada, win by a big margin. the dinger for him, these are caucuses. you have to be will for a longer period of time. and it's only open to republicans. donald trump's success in south carolina and new hampshire, where he won by stout margins, that depended on a lot of democrats, a lot of independents coming over in south carolina at least, democrats and independents coming over to help bolster his numbers with republicans. he can't do that in nevada where it's a closed caucus. but you have to think he is going to do really well. i think roobio is going to have a good night as he faces off against ted cruz again that that final pairing to see who faces off against donald trump. >> marco rubio lived in nevada. he may have a bigger following there. chris, great to see you this
11:10 am
week. i need a primer on this. 30 delegates available in nevada. they are awarded proportionately to any candidate getting at least 3.3% of the vote. but a delegate count can be changed later to reflect any candidates who end up dropping out of the race. there you have your primer. >> coming up on "the real story," the obama administration preparing to submit its plan to close guantanamo bay with the deadline just hours from now. could some of those terrorists potentially be coming a facility near you. plus, donald trump facing new scrutiny over his attacks on the media. did you see when the whole thing went dark the other night? look at your screen. he said that was a good thing because now you don't have to see the lights from the press. this is the star of the popular pawn star show mocking hillary clinton's campaign. >> i asked a few weeks ago why
11:11 am
are you voting for hillary? they could not give me an answer. i said tell me one thing hillary has done? they couldn't give me an answer. but they are still voting for hillary.
11:12 am
11:13 am
i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! [martha and mildred are good to. go. here's your invoice, ladies. a few stops later, and it looks like big ollie is on the mend. it might not seem that glamorous having an old pickup truck for an office... or filling your days looking down the south end of a heifer, but...i wouldn't have it any other way. look at that, i had my best month ever. and earned a shiny new office upgrade.
11:14 am
i run on quickbooks. that's how i own it. welcome back to "the real story." prosecutors in michigan officially charging the suspect accused of shooting and killing six people in kalamazoo over the weekend. uber driver richard fuller now faces 16 counts including murder and attempted murder. police say he shot one person outside an apartment complex and then shot several others over the next seven hours all the while making up fares in between. police are trying to learn what motivated the shootings. new concerns about donald trump and his pattern about continuing to go after the media. listen as the lights go out at a campaign rally. >> oh, i like that much better.
11:15 am
oh! oh, that's so much better. those lights were brutal. they come were the dishonest press? don't turn them on. forget it. better, right? >> joining me now, the executive director of the accountability project, and the former senior adviser for the mitt romney campaign. here we have you guys debating. don't be scared now. russ, donald trump saying it would be better off, the biased media, let's leave the lights off. this is sort of a general campaign theme for him. but does he have the effect of sort of scaring the media into position? >> well, i don't know if he has the -- if he scares the media out of position. but what he does is his rhetoric is, if not hot, is definitely
11:16 am
coor coarse. we've seen where he insults veterans, the handicap, he insults women. and you know, the press is just another -- another tool that he uses to develop an us versus them campaign. >> okay, so -- >> and them as the establishment. us is everyone in the room. >> i know, so it's interesting. so apparently it's everyone in the media, or anyone, i guess, namiki who would question something about tramp's campaign. i mean, realistically the role of the media is to do just that as long as you are doing it with every candidate, right. >> it's free and open press that's essential to our democracy. if he is trying to make himself the spokesman for the people, this is disingenuous because it's antidemocratic. but the reality is that it's not media controlling the message. it's donald trump controlling the media. he is pitting one against
11:17 am
another. he is not going on the debate stage, and then holding another event aired on a competing network. >> right. >> he knows how to master the media and this conversation. unfortunately, his base doesn't understand that he is playing them. that's the problem. >> let's take a look at that event where we saw the lights go out. katy tur, an nbc correspond tweeted out this, trump trashes press, crowd jeers, guy by press pen looks at us and screams, you're a bleep. other gentleman gives cameras the double bird. russ, this is where we are now that, you know, believers and supporters of donald trump now also feel that kind of vial nature towards the media. >> listen, george bush in 2000 ran with the idea of restoring honor and dignity to the white house. donald trump is -- wants to make the white house more coarse. it's not what we are looking for in a president. again, this sort of us versus them, them being the
11:18 am
establishment, them being the media, them being anybody who opposes me, we're gonna go after, we're gonna attack and attack them hard. it doesn't matter -- it was the pope last week. >> well the pope did say the comment first. i mean the pope did say that comment first. and by the way i'm sure not all donald trump supporters agree with what he had said about the press. anyway let's move on. same taking issue with comments by ghorchor john kasich who got called out by a female voter. >> how i did get elected? i didn't have anybody for me. we just got an army of people who -- and many women who left their kitchens to go out and go door to door and put yard signs up for me all the way back when you know things were different. >> first off i want to say your comment about the women came out of the kitchen to support you. i will be supporting you but i won't be coming out of the kitchen. >> i got you. >> the female voter saying i'll
11:19 am
support you but i won't be coming out of the kitchen. i want to be clear, he was talking about 1976. but a lot of the media going after him now for this comment. is that really fair? >> well, women did work in 1976. my mother worked in 1976. my grandmother worked in the '40s. it's not a new concept that women work. john kasich is a nice guy. i think he is a little bit out of touch with women voters. he has called reporters young women, girls. he defunded planned parenthood. i think he has something against women. it will definitely work against him if he is a general election nominee for the republicans. because there are a lot of working women out there and a lot who support planned parenthood. >> i want to make sure that the media is fair and balanced and airs everything every candidate says thank you so much.
11:20 am
the wife of comedian bill cosby deposed today in the defamation lawsuit against her husband. what could come out of all of this? she stood by him all these yirs. and the gop caucus is in nevada tomorrow. the saying is whatever happens in vegas stays in vegas. that leads to our question of the day, what is your favorite thing to do in vegas. tweet me. these could be interesting comments. i know, taking a bit of a risk here but i trust you will send me good stuff. this is joanne. her long day as a hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve.
11:21 am
every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life.
11:22 am
unless you have allergies., then your eyes may see it differently. only flonase is approved to relieve both itchy, watery eyes and congestion. no other nasal allergy spray can say that. when we breathe in allergens our bodies react by over producing six key inflammatory substances that cause our symptoms. most allergy pills only control one substance. flonase controls six. and six is greater than one. complete allergy relief or incomplete. let your eyes decide. flonase. 6>1 changes everything.
11:23 am
welcome back to "the real
11:24 am
story." bill cosby's wife being deposed today in the civil case against her husband. despite attempts by her lawyers. they tried to block this from ever happening. several women who accuse bill cosby of sexual assault are now suing him for defamation. molly joins us from springfield, massachusetts. cosby's attorneys tried to stop and delay this, right? >> absolutely. there were a slew of legal maneuvers made, but the defamation suit is going forward and the deposition going on right now as i speak from cam eel cosby who is answering questions behind closed doors. it is happening in this hotel in springfields, massachusetts. a federal judge ruled she may not have to answer every question posed to her, specifically those barred under the marital disqualification rule which says spouses don't have to testify about private conversations. bill and cam eel have been
11:25 am
married for 50 years. but she also acted as his business partner. some women are alleging sexual assaults happening decades ago. in this suit they claim that cosby's team has named them as money grubbing hunters. >> i intend to do what i need to do for my client. and i intend to be very respectful. and try to get the information that's important for the case. >> reporter: the deposition is expected to last well into the afternoon. gretchen? >> okay. molly, what do we know from cam eel cosby's side, if anything, then? >> reporter: just for a little bit of insight to what she may be saying, she filed a declaration last week. here's what she actually said, i believe that the plaintiff's insistence in taking my
11:26 am
deposition is consistent with repeated and continuous attempt to intentionally harass and embarrass me including by seeking testimony regarding my and my husband's private sexual and medical life that is unrelated to this lawsuit and otherwise obtain publicity from just the taking of my deposition. as you just heard from mr. cam rotty, he believes she may have answers to important questions in this case. bill cosby has filed a countersuit in the case alleging the women made false accusations in an attempt to extract financial gain. fox news alert. the deadline to close gitd mow is tomorrow. the pentagon is take they intend to particular it out. the latest on what could be now in that plan. plus, the supreme court back in session for the first time since the death of justice scalia as the battle to replace him gets even more heat. and is a potential alliance forming in the gop race? why donald trump could be warming up to marco rubio.
11:27 am
next. >> i think trump has momentum, but if he has to unify the party -- i think it's interesting that he hasn't been after rubio. i know rubio hasn't really gone after him. but i can see something in the offing here.
11:28 am
11:29 am
11:30 am
if you need advice for your business, legalzoom has your back. our trusted network of attorneys has provided guidance to over 100,000 people just like you. visit legalzoom today. the legal help you can count on. legalzoom. legal help is here. bottom of the hour. fox news alert. showdown looming on capitol hill right now over national security. the pentagon says it will meet the deadline tomorrow to submit
11:31 am
its plan to congress to close guantanamo bay and move suspected terrorists detained at that prison. doug, the question is what will that proposal say about where these guys will be going. >> reporter: that's one of the many questions. today in an offcamera briefing the spokesman says the d.o.d. will meet that deadline tomorrow to submit a plan to congress to close the camp. the white house today welcomed thattist news from the pentagon but was skeptical the congress will go along with it. >> i'm not confident in that. in fact we've seen many members of congress express their opposition to considering the kinds of necessary steps to close the prison at guantanamo bay. that political opposition stands in stark contrast to the best advice that the commander in chief receives from our military. >> he added he doesn't have a specific time line for the executing of this plan but that
11:32 am
all parties will have the opportunity to review it. >> in his end of the year press conference for december, president obama said if congress did not agree to closing the facility he would do it by executive action. in letter february 3rd the house armed services committee chair warn that failure to comply with the law would not advance his objective of closing guantanamo. congress also wants to know where are the prisoners going to be housed? how much will it cost? who will guard them? many other questions. the recidivism rate of guantanamo prisoners returning to the fight is 30% range. the president puts that number at a much lower rate. >> for more, let's bring in laura ingraham, what do you make of this? the deadline is tomorrow, laura. what's going to happen? >> i think the congress will -- i can't believe i'm saying this, i think they will hold the line on this issue with the president. although that's probably going to be one of the things i get wrong. this is part of president's
11:33 am
operation legacy rescue. he wants to check every box of everything he pledged and promised. he got gay marriage. he did his stimulus bill. he did obama care. i got two nominees on the supreme court. and if he can take a step closer to goesing g iclosing gitmo, i will think it's a good run. i think it's as much to burnish his own crowtials. >> that was his first promise. here we are almost eight years later. if congress holds the line and they don't want to make it happen, we heard doug say the president is talking about executive rds again. >> that's why you can't allow the president's activities to go unchecked through the ab ju indication of the power of the purse, custom is what many of us were saying when the budget deal was agreed to late last year. so it doesn't surprise me at
11:34 am
all. of course the president is going to do what congress allows him to do if they don't exercise their constitutional oversight that the founders believed in when they set up our three branches of government. >> right. >> so congress has to do a better job of executingist own authority. >> the big question would be where do you put these remaining prisoners. and you have someone like the mastermind of 9/11. what are you going to do with that guy? so many unanswered questions. let's move on to the political race. you've said some interesting things. jeb bush is out of the race. some of the remaining candidates facing renewed scrutiny. marco rubio dodging a question about whether his home state of florida is a must-win. >> three big contests so far you've come in third, fifth and second in south carolina. the big question for you is where do you win? >> well, when we get to these winner take all states we have to start winning because they award all their delegates to one
11:35 am
person. >> florida is a must-win? >> i think that's true for everyone in this race. that's always been true. we feel good about florida, especially now that the race has narrowed. >> marco rubio not saying he absolutely has to win florida. what do you think? >> i think there should be some type of unwritten rule that if you can't win your home state in a primary fight, then you are probably not going to be all that strong of a nominee for your party. i think that should be applied across the board. at first, we heard that rubio was going to be really strong in south carolina because, remember, gretchen, his top political advisors, his super pac, all grounded in south carolina. and they knew that statement they had it wired. but of course he comes in second, and barely second, in south carolina. then we hear that nevada is going to be his fire wall because there are a lot of mormons they are getting to release and vote for him. >> right. >> and now florida is not a must-win? or we're fudging on that? at some point it becomes ridiculous. if you come in second or third
11:36 am
in your home state, you are not going to be successful as a general election candidate. >> maybe he doesn't want to set himself up for definitely saying and then it doesn't happen. let me get your take on what you said yesterday. you said rubio hasn't criticized trump and vice versa so possibly there could be a trump/rubio ticket? >> it's hard to figure out sometimes what donald trump's strategy is. he seems to be ahead of everyone else. everyone second-guesses him and then he has the right strategy. it could be trump only goes for your throat when he go for his. and rubio hasn't gone for his throat. maybe he wants to open up the possibility of putting the humpy dumpty of a party again with rubio on the ticket. do i think it's likely? probably not. 40% or 30% chance. but it is interesting. and the whole field has gotten scorched in one way or another by trump. but not rubio and rubio is kind
11:37 am
of hands off on mr. trump. >> i think the only thing trump has said is that he sweats a lot. >> he drank water. the water thing. >> two things maybe. laura, always great to have you on "the real story." thank you. >> time now for my take. three's a crowd, right? that's where we find ourselves on the gop side for the presidential race. trump, rubio, and cruz. donald trump won south carolina soundly, but look what happens when you add up the percentersages of rubio and cruz. at 44% of the votes, the combo beats donald trump. moving forward, rubio and cruz will continue to split the vote. that may mean trump will continue to win but there is no reason for either of them to think about getting out of the race. cruz has southern states coming up thought to be strong for his camp. and his home state's texas primary. negatives, the attempt to catch votes from vaelgcals in the south didn't pan out.
11:38 am
advantages for rubio, he will benefit from jeb bush being out of the race. and john kasich doesn't survive one would argue those votes could go to him. but you can't get past the three's a crowd. and as long as cruz and rubio continue to split the anti-trump vote the longer donald trump will continue to win. as the candidates place their bets now in nevada, shawn hen hannity will interview donald trump tonight in las vegas. members of the audience will also get to ask their own questions. check it out 10 p.m. eastern time here on fox news channel. supreme court back in session for the first time since the sudden death of justice antonin scalia as tensions swirl over chances for a potential successor. shannon, what was it like in court this morning without justice scalia? >> it was definitely a mix of emotion.there are a lot of work done with cases on abortion and the president's use of executive
11:39 am
order days away. chief justice roberts read a letter to his fallen colleague today, and he wryly noted, quote, he was also known on occasion to dissent. that of course provoked a lot of laughter in the room giving those biting dissents he wrote when he was not happy with the majority opinion. >> they were great to read. in the meantime, the battle over filling his seat, well, it seems to keep getting more heated. what do you know? >> the president is moving ahead with plans to vet and name a nominee in short order. on friday we got this. the white house arranged a photo on of the president carrying a huge binder saying he is going to spend the weekend working on researching potential nominees. did he that, and also talked with democrats and republicans on the hill, including some on the judiciary committee about the situation.
11:40 am
that comes as the committee's chairman, chuck grassley and mitch mcconnell wrote an op ed piece for the washington post, quote, it is today the american people, rather than a lame duck president whose priorities and policies they just rejected in the most recent national election who should be afforded the opportunity to replace justice scalia. >> shannon breen, thank you. now to sports, the daytona 500 kicking off the nascar season in exciting fashion. rookie chase elliot first to crash in the place. finished in 37th place. denny hamlin, first to pass the finish line, by only inches. check it out. winning by one one-hundredth of a second. the closest finish of a daytona
11:41 am
race. apple warning hacking into the cell phone of one of the san bernardino terrorists. >> we have balanced privacy on one hand with security on the other. we have got the refine that balance because today the situation is unsustainable.
11:42 am
... ... ... ... what makes this simple salad the best simple salad ever?
11:43 am
heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. my man, lemme guess who you're wearing... everyone's lookin' red carpet ready. toenail fungus!? whaaat?!? fight it! with jublia. jublia is a prescription medicine... ...used to treat toenail fungus. use jublia as instructed by your doctor. jublia is workin' it!
11:44 am
most common side effects include... ...ingrown toenail, application site redness,... ...itching, swelling, burning... ...or stinging, blisters, and pain. oh!! fight it! with jublia! now that's a red carpet moment! ask your doctor if jublia is right for you. visit our website for savings on larger size. jeb bush may be leaving the race but may not help the other candidates take down donald trump. that's according to a real clear politics reporter whol join us live. why she says the math shows donald trump is unquestionably on a path to win the nomination and there may be nothing his rivals can do to stop it. that opinion and the rest of the news when shepard smith reporting begins in just 16 minutes. >> erin andrews in court today jury selection getting underway on her nude videos lawsuit.
11:45 am
you may remember she filed a suit against a luxury hotel owner and a man who admitted using peep holes to secretly record her in 2008. the fbi doubling down on its demand that apple unlock the san bernardino shooter' cell phone. fbi director james comey writing in a letter posted on line, the quote, the relief we seek is limited and its value increasingly obsolete because the technology continues to evolve. we simply want the chance with the search warrant to try to guess the terrorist's pass code without the phone essentially self-destructing and without it taking a decade to guess correctly. that's it. we don't want to break anyone's encryption or set a master key loose on theland. apple's attorney ted olson had this to say. >> we are talking about respecting the fact that a court hasn't really ruled yet and congress has decided not to enter into this area and not require apple to do what is
11:46 am
basically -- essentially very difficult to do and would require apple to comply with that's kinds of court orders all over the country and in other parts of the world damaging your personal piftdy, financial privacy, health records, your location, where your children are. the implications of this are quite serious. >> a fox news legal analyst has a lot on her play to dissect this today. what is right? >> i think the fbi really is right on this one. we are talking about how big this back door is, right? the fbi says the back door is very, very small, gretchen, just a sliver. and i think they are right on this. they are talking about just getting this one encryption. they are going back to -- i know you are going to love this history leston here, 179, the all ritz act. what that says the judge can't order all rich necessary to aid in the jurisdiction of a law. then they go back to test that
11:47 am
to a 1977 case here in new york where it says that a judge can impose on a third party, that here would be apple, anything that is necessary to assist the feds, that being the fbi, and should do so unless it places an unreasonable burden. i think apple is trying to say this is an unreasonable burden on us because we are making all of these apple -- >> they say the back door will be open for everyone. >> exactly. i hear agree with the department of justice. it's not an unreasonable burden. of the' unphone, unencryption, which is going to be obsolete basically by the time they open it up. >> let's listen to fbi director michael haden and his thoughts. >> i think apple was right in terms of opposing universal back doors to make it easier for our or any government to debt into encrypted communications. >> but is that what the government is asking? >> no. but i'm not convinced that what the fbi is asking apple to do in
11:48 am
san bernardino is that. and i think the burden of proof is on apple to show that there is an sneftible slippery slope. >> so the burden of proof he believes is on apple. but how quick does this play out now? >> you are talking about whether the press department being set, the back door is going to be set. why? but i don't think we get there if that one encrypted phone is open and that's it, then how do we get to the slip uppery slope? if apple can prove after this one it leads to three, then to four, then they are right the slippery slope is open. but if it ends with this one phone where is the slippery slope. >> they are saying potentially when other cases come to light, well you did it that time. >> correct. >> why couldn't congress get involved and say when it's an act of terror. >> they should legislate. that i agree. congress should be able to get in here. look at the other side of this. and this is such -- we are talking about terrorism here.
11:49 am
we are not talking about some, you know, silly little case here. we're talking about an act of terror. i don't understand frankly why kont congress hasn't gotten involved, why they are letting it play out between an cell and the department of justice. >> the way congress -- talk about being outdated. we could be outdated. >> me? >> no, no congress. congress out dated. you are very much in fashion. thanks for your opinion. one state with unusual plans for an uninhabited island. what it wants to put there that has folks rattled. trust me, you are going to want to know if it's your state. hey!
11:50 am
this is lloyd. to prove to you that the better choice for him is aleve. he's agreed to give it up. ok, but i have 30 acres to cover by sundown. we'll be with him all day as he goes back to taking tylenol. yeah, i was ok, but after lunch my knee started hurting again so... more pills. yep... another pill stop. can i get my aleve back yet? for my pain... i want my aleve. get all day minor arthritis pain relief with an easy open cap.
11:51 am
11:52 am
watching tvs get sharper, you've had it tough. bigger, smugger. and you? rubbery buttons. enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. fox news alert now on that gentleman -- not gentleman -- the accused guy who shot a bunch
11:53 am
of people from uber. not a gentleman. jason dalton. 45-year-old uber driver, former insurance adjustor, police said had no criminal record, arrested in connection with the shootings in kalamazoo after massive manhunt monday. authorities trying to piece together an hours-long weekend rampage that left six people dead and they're looking into a report that the suspect picked up at least one fare for a ride-hailing service between the shootings. this is new video coming into fox of him in court. jason dalton, he arraignment to last 15 minutes. it's been extended a little bit of time and he is answering questions or at least listening to the charges against him. now this. forget the movie now snakes on a plane now, plan for a snake colony has some in massachusetts, well, rattled. trace? >> reporter: if you're in the city of -- this is going to make
11:54 am
you squirm. the largest island in the reservoir is mt. zion, which is closed to the public and it's a good thing because state fish and game authorities are planning to use mt. zion to bring back the ensquanderred and deadly timber rattlesnake. there's only 200 of the snakes left so here's the plan. for the next couple of years a handful of timber rattlers well be raised at a zoo in rhode island. when the snakes are old enough they'll be released on the eye loaned to live, thrive, and multiply. put people in the area are skied out because aside from the fact that rattlesnakes can swim, the island is connect it to the mainland by two causeways and that is when the snakes multiply and then multiply again and might decide to slither off the
11:55 am
island and on to the mainland. wildfire experts say, fear not. listen. >> they're perfectly good swimmers but if a snake were to swim off the island, it would by unable to track itself back to the hibernation site and it's too far to find another site like that so wouldn't make the winter. it would die. >> experts said that rattlesnakes are timid and only strike when provoked like when you walk in front of them. there's a snake island off the coast of brazil the snake population there is 4,000. that's one snake for every six yards. talk about a city of phobias. >> all right. i don't know. when divide do fox and friends i touched so many different snakes. i mean, have -- i had them all draped around my neck and all that. i don't know. just got to do it and overcome your fear of it, trace. maybe not rattlers, though. >> we would have pulled video if
11:56 am
we knew. >> okay. now we have seen it all. penguins on a treadmill. why this little guy is working up a sweat. "beth" by kiss
11:57 am
11:58 am
♪ beth, i hear you calling.♪. ♪ but i can't come home right now... ♪ ♪ me and the boys are playing.♪. ♪ ... all nig♪t
11:59 am
text beth, what can i do... [siri:] message. pick up milk. oh, right. milk. introducing the newly redesigned passat. from volkswagen. some timeless and four score hours ago our director led a celebration of all things lincoln. he is in the control room today but there he is with his actual beard. a very strong esemblance to our 16th president. to the lincoln society, and the lincoln depot museum, commemorating honest abe's visit to new york before he became president. howalmost anyone looks good in a tuxedo but a little exercise never hurts like this pentagon win on a treadmill. male penguins gain weight wheel caring for the babies but researchers want to know how
12:00 pm
well they get around onland. so there he is swimming to the oldize on the tread mill. thank you for being part of "the real story" for monday. i'm gretchen carlson, here's shep. >> noon in nevada. the next battlegbfkstate for the five republicans left in the race. now new accusations of teddy crews' dirty tricks, staffer is apologizing and rube rube saying that's not enough. and donald trump questioning whether another rival is eligible to run for president. the next stop, say, with bernie sanders getting a start on super tuesday, and why is hillary clinton taking a break from the campaign trail? plus, vlad putin asking permission to fly spy planes over the united states, spy planes with powerful digital cameras about he is apparently not so crazy about surveillance flights over russia. let's get to it.

77 Views

info Stream Only

Uploaded by TV Archive on