tv Mornings With Maria Bartiromo FOX Business February 22, 2016 6:00am-9:01am EST
over the nevada caucus with south carolina up this weekend. a fresh round of clinton emails were released revealing that the former secretary of state was not pleased to cut hampton's vacation short for a crucial meeting for future of libya. we will be speaking with ben&jerry's founder later on in the program. stay with us for that. the man being accused of fatally shooting six people in kalamazoo, michigan has con confirmed of a uber driver who was reportedly picking up fairs during rampage. random in parking lots, outside the apartment building and cracker barrel restaurant. fbi director think agencies demand that apple break into the iphones of the accused san bernardino terrorists it's all about justice for the victim offense the horrific attack. apple still pushing back on this request.
former u.s. district court judge steven larson representing a group of families suing apple. he is going to be joining us to talk about that and give us standpoint. turning to market this is morning. future showing big rally. take a look. triple-digit rally for the dow jones industrial. s&p and nasdaq also higher this morning. european markets firmly in the green as well. money moving to e question it is across the world. 1 and a half and 2% this morning. asian markets finishing higher on the day as well. asian story looks like this. nikkei average 1%. shanghai 2% and hang seng and kospi higher. it was a true photo finish at daytona 500, getting underway for big win for hamlin, win by 100th of a second. south carolina, presidential hopefuls now attention turns to
the nevada caucuses tomorrow night. blake berman in washington on the story joining us. blake, good morning to you. >> hi, there's maria, good morning to you as well. donald trump now heads to nevada as the favorite there too. there's only been two polls this month, five in total from the state but all show trump with double-digit leads. the only thing slowing down trump for the moment technical difficulties which trump was able to laugh off in aurally in atlanta last night. >> because the lights didn't work i won't pay the rent, we get better lighting and don't pay the rent. because the lights didn't work, even though it's better, we say, we are not paying the rent, the lights didn't work, this is ridiculous, we will not pay the rent and we say, bye, bye. [laughter] >> blake: trump negotiating tactics right there. as the field starts to narrow,
they are trying to argue that trump has a feeling. >> donald trump has demonstrated that he has a relatively high-floor of support but he has a sealing and voters that don't believe donald trump is the right person. >> that's been divided between five and seven people. it's easier for 70%. >> blake: kasich won't be campaigning there at all. even rubio won't be spending election night in nevada potentially fore shadowing another trump run away. >> maria: wow, unbelievable. blake berman. after failing to gain any traction from the presidential nomination former florida governor jeb bush has dropped out of race.
>> i'm proud of the campaign that we've run to unify the country and advocate conservative solution that is would give more americans the opportunity to rise up and reach their god-given potential. but the people of iowa and new hampshire and south carolina have spoken and i really respect their decision, so tonight i am suspending my campaign. >> maria: joining me right now is maverick, national cohair morgan ortagus. >> morgan: good morning. >> maria: you were a supporter, what's your take? >> morgan: jeb bush can be proud of campaign that he run. it was issue and policy campaign, it wasn't the move and temperament of the country. >> maria: yeah, it wasn't the temperament of the country because donald trump is really dominating and we continue to see that. do you feel like after south carolina this -- this gives him all longer runway?
>> morgan: listen t interesting thing, if you want to make an argument for or against donald trump, you can make it both ways going out of south carolina. if people say they're an antitrump movement like cruz and rubio, 60, 70% of the party that wants alternative to him, he keeps pulling 35% on the polls on caucus day, he won all of the congressional delegations in south carolina. he comes with all of the delegates even though rubio won a very hard-fought second place, he got zero delegates. >> maria: that's a really important point, dagen, mike t voter turnout was something to look at. you had a big turnout in south carolina, not so much in nevada. >> dagen: absolutely, evangelical win for donald trump where he got 34% of evangelical voters in the state. it looks like maybe the pope going after him might have
helped him. >> maria: wow. >> dagen: what is the leader of the catholic church going after one of the presidential candidates. i was looking at the numbers, of course, over the weekend of what was spent by jeb bush's campaign and i think this is a sign that may be presidential politics has changed forever. through january and this includes both super pac spending and candidate spending, general -- jeb bush spend $125 million, $100 million more than donald trump has spent. he winds up dropping out of the race. >> maria: jeb was spending all that money. >> dagen: money badly spent. >> mike: some of the best moments have come at the expense of bush. does he continue to go after cruz, does he go after rubio, that'll be interesting, trump -- the voter turnout for trump is
something we haven't seen in the past. a lot has to do with the fact that this guy came in as a celebrity. the people that are never voted before are going to go out and vote donald trump. >> maria: let me ask you about batch of emails released friday. one show secretary of state was not pleased to cut down vacation short for libya. what's your take? >> morgan: you know her honest and trust worthy numbers, i think, are the worst in the race. as these emails continue to come out drip by drip the democratic party is going to figure out what was going to do. the win for her in nevada, if you look at politically speaking, i think really sort of quelled the establishment. that's fine, she can win. she's going to win in south carolina, but i don't think the e-mail story is over. it's going to damage her badly in general elections and reports over the weekend that i hear that she's quite worried about
running against donald trump. shoe nows that the gloves will be completely off with him. >> maria: yeah. >> dagen: i just add one quick thing according to latest fox poll of all the presidential candidates, trump is the only one in a head-to-head matchup with hillary clinton that loses. rubio and kasich do the best. trump 42 to 47 hillary clinton. so that's something that she -- if you hear the campaign talking about how they want him to be the nominee, her campaign, that's why. >> morgan: that's a great point, dagen. that's why cruz and rubio are not willing to let go and a lot of people in the party that says they're going to continue to fight this out there march. >> maria: i saw the poll last week and i was surprised by it because i thought it was the opposite. you're right. that's what the polls say. >> you know, with hillary emails
are always going to be there. it seems to be a constant theme. >> the fact that she didn't want to leave a hampton's vacation, big deal. that was the least. some other emails that i've heard could be exposed. you know, we could be picky on everything. hillary is going to eventually survive the dem contractic nomination. >> maria: she's be the -- i agree with you. >> it should be interesting with her and trump. >> dagen: you see that -- >> done deal. i don't think america wants to become socialist just yet. i think bernie sanders is all but short of that. >> maria: even though the younger people are so in his corner at this point. she's having a hard time getting those that following. >> yeah, but ultimately she will get it and those young people will say, okay, trump or hillary and, you know -- >> maria: you think they're going to go for trump?
>> i don't know, if they're fans of reality tv and apprentice shows they may go for trump, people that die sect the issues in my opinion they'll stay in democratic side of things. >> maria: okay. morgan -- [laughter] >> dagen: i think it's going to be a fight between hillary and donald trump. i think they both -- women dislike both of them for different reasons. >> maria: that's true, actually. morgan ortagus see you soon. shooting that took place in ka kalazoo, michigan, shot six pound and wounded others. the incident tightening the community. >> this stuff is always -- you
see it on the news all of the time but you don't really think about it because it doesn't affect you. then something like this happens. not just in your community but to one of your friends and it breaks you and it makes it so much more real. >> maria: just horrible, we are going to have more on this. we are going to take a look at the background check that is uber uses next up. fight apple, family demanding answers from 6:30 a.m. eastern. he will join us where ford will unveil a brand-new vehicle. back in a moment
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. i run on quickbooks. that's how i own it. >> maria: welcome back a series of bombings leaving 130 people dead in syria. cheryl casone with the details. cheryl, good morning to you. >> cheryl: isis is claiming responsibility for the attacks killing at least 130 people and wounding more than 200 others. this comes as u.s. secretary of state john kerry says a provisional agreement has been reached with russia on a
sensation of hostilities in that country. meanwhile the wall street journal is reporting that the obama administration held secret talks with north korea days before the latest nuclear bomb test to try to formally end the korean war. the united states saying sunday that it received a north korean proposal to discus a peace treaty for the korean peninsula but rejected when he considered reducing nuclear arsenal. we have some new developments this morning in the legal fight between apple and the u.s. government. victims of the san bernardino terror attack will file a legal in support of the fbi's attempt to force apple to unlock that encrypted iphone. and maria, also, there are reports that worked with san bernardino to reset the pass pord to i cloud account that was associated with the iphone issue today one of the shooters involved in the attack. the phone belonged to the facility that was property --
property of the facility and not farook. >> maria: this was a good point. this was not personal property because he was issued the phone. the victims are getting involved now, joe, let's talk this legal proceedings, how you see this infolding. >> it's so easy to say, open the system, the fbi director has been using the terror brush broadly but bottom line, apple is not being asked to decrypt information on the attacker's smartphone but rather create an overriding system to circumvent the password system. it's a system that will be out there and can be used again and again and by who. when you step back and look at the whole question of american safety, we are a safer and more secure nation without these back doors because this will get in
hands in people that we don't want to get in hands of and people who abuse it and take advantage of it. everyone is -- apple what's wrong with you, support antiterror. it's not about that. apple can decrypt the information on that one phone if that's truly what the fbi wants in this case. >> maria: they said it was just this phone. >> they want them to create an operating system, a back door. >> dagen: fbi would never possess the system. the government wouldn't possess the code and nor would the code stay on the phone when apple sends the phone back to the government. >> then why do they need it? that's going to be out there. it's going to be out there. new operating system is going to be out there to let -- >> maria: that's what tim cook has been saying from the get-go. this argument is what tim cook has been saying from the get-go. >> mike: i agree that completely.
why can't just get access to this one phone? >> apple -- >> mike: offer that up. >> but they have. see the fbi doesn't want that. apple can decrypt that phone in about an hour, an fbi can have it. they want an operating system to kiefer -- cir circumvent back door. they want to disable autoerase feature on this one phone, the phone won't be erased after ten amendments. it won't possess the code. >> why do they need it? >> dagen: apple is not doing it because they're asking him to rewrite software, that would ep pandora's box.
>> and yes it will. >> maria: most people do not trust the government to just use this in this case. >> and it's going to be out there. >> dagen: can i raise a broader issue, given the encryption on these phones today, that means that no law enforcement agency, tbir or otherwise will ever, ever be able to execute a search warrant on these phones, not just apple, google operating system and this one. if that's the world we are going to live in where this is going to be private. >> they're not asking for search warrant on the phone. that's a broader issue. this issue is fbi, federal government wants some overwriting system created by the tech -- giant apple to give them the ability to constantly be able to go into phones, whether they want to use for this phone or not, it doesn't matter, apple has the ability to give them what they want on this
phone. that's the issue. >> maria: that's wrong. >> and i'm right. >> dagen: i'm not going to argue with you because i might need the legal -- >> maria: so you feel that it's disingenuous because it's actually not true? they're asking for much broader access. >> right. when the attorney for the victims come on and with all respect to them, it's hard to argue against that because they are the victims, they could have what they want in this case, they could have everything they want in this case, they don't need an overwriting system for people to abuse. >> dagen: the government disputes that. he said, he said. >> maria: let's take a short break. be sure to turn to my interview with stephen larson, 8:50 a.m. eastern. fired for speaking out, how a public post got one yelp employee in hot water.
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>> maria: welcome back, oil prices setting equities this morning. above $30 a barrel by the u.s. drilling numbers. less supply. phil flynn at the cme group at chicago looking at oil this morning. good morning, phil. >> phil: good morning, maria, oil prices are on fire, the contract expires today and more progress toward production freeze, we are hearing word out of saudi arabia as well as russia and nigeria that they're getting close to some type of an agreement for freeze. in fact, russia says we could have an agreement by march the first. the other thing that oil traders are looking at is the international agency just came out with a report that says that u.s. production is going to fall, the u.s. market is going
to get -- the market is going to get in balance next year but u.s. production is going to rise by 2021, 14.2 million barrels a day. that's down the road. >> maria: thank you so much. looking at a pretty good rally in equities, would you buy into this rally or sort of a -- i don't know, aurally in overall bare market? >> oil has to stop going down because when oil was going down people were concerned about the financial system, about loans on the banks, oil going down is good news for the u.s. economy. we have this many consumers and only this many producers but went down so fast the production hit us so hard. we've got just two in the market in the last few weeks believing that the financial system in the world was in jeopardy, we are going in a recession. >> maria: we had a horrible
beginning of the year. >> look at u.s. employment continues to improve. good number. wage growth has beginning to pick up. earnings is the key now and it's going to take a little time but if oil stops going down and the dollar stops going up, we will begin to see better earnings and that's all the stock market needs, in my opinion, to strength. >> maria: sounds like you want to put money to work? >> i don't want to chase them, frustrate and i want to buy them up and not down. >> maria: talk about earnings, not great numbers. >> mike: the market corrected almost 10%. one area specifically financials, financials have been the worst-performing sector. >> maria: down 15%. >> mike: if we are not going to have the send of the world scenario where the crashes leave to bank default, is that a
sector you want to allocate money to? >> buy in the banks, the valuation in which they're selling relat toif fundamentals, they're okay, good place to shop. >> maria: this is the place where you're seeing stability relative to merging markets. >> balance sheets are much better than they were. >> maria: that's the key, balance sheets. we will take a short break. one detroit auto maker bringing new technology to everyday driving. he's coming up next in fox business exclusive. stay with us. ♪ ♪ choose world.
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marymac i am maria bartiroma. it is monday february 2nd. with me, mike murphy, fox business's dagen mcdowell and new york attorney joe -- donald trump winning in south carolina over the weekend as republican candidates focus on the nevada caucus. donald trump set his sights on marco rubio who placed second in south carolina. the republican front-runner questioning marco rubio's eligibility for president,
hillary clinton won a close election in the democratic caucuses, democrats looking ahead to saturday at south carolina primary, speaking with ben and jerry founders and the sanders -- bernie sanders supporters later run in the program. the man accused of fatally shooting six people in kalamazoo, mich. confirmed as an uber driver picking up fares during his brand page. jason dalton fired upon the pedestrians outside an apartment building in a car dealership and a cracker barrel restaurant, much more coming that. fbi director james comey says the demand apple break into the phones of the accused san bernardino terrorists is about justice for the victims of the horrific attacks. apple pushing back on this request. former u.s. district court judge stephen larson representing a group of family suing apple. he joins us in the program.
turning to markets futures showing a big rally at the of betraying, oil is up, that is equities this morning, dow industrials up in 200 points, nasdaq higher by 55 points. bob dahl told us the market was too negative in 2016. european markets firmly in the green, we are looking at a bounce back with the s&p up 1-1/4%, the dax index up 2% and asian markets higher, the best performer dare, shanghai composite up 2-2/4%, you said you would put more money to work but what sectors would lead an eventual stabilization? >> we will have the financials has part of that story. a rally would mean the world won't end and financials went down because people thought the world was going to end. .net technology to the list, global companies, domestic companies, small cap, big cat,
value growth, some defense in the portfolio would be telecom stocks too. maria: jamie dimon set fire to this market once again when he bought jpmorgan stock. >> leaders lead, jamie dimon put up his money and that made it different short-term. maria: let me talk about the auto sector, self driving cars no longer a futuristic fantasy of science fiction levers. american auto maker ford entering the autonomous arena as well. joining me from barcelona, spain is mark fields. good to have you on the program. thanks for joining us. it feels secure a going through a revolution in the auto business, from uber and ridesharing, that area to autonomous and driver is about less cars to a host of technologies enabling so much in a car today. tell us how you see things.
>> reporter: as you said it is an exciting time in the auto industry and we are using this to introduce our new ford cougar but we are using this to highlight hall this is different from an auto company, an auto and mobility company and embracing that, embracing the technological change but at the same time keeping focus on our core business of building great cars and trucks but also looking at these mobility options and services and seeing how we can play a part in serving customers lives. maria: what practical things should we expect from this car and from what you are churning out in coming years in terms of mobility and new features? >> in terms of mobility there are a number of areas. connectivity, we are introducing a system which is the industry's leading communication and entertainment system that keeps
people connected to their smart phones. from 8 mobility standpoint we are doing a number of pilots on, are sharing in london and germany. at the same time an autonomous vehicle, we are a leader in semi autonomous technologies or driver to assist technologies that will keep you in your lane, those types of things and at the same time we are doing a lot of research and development into locally autonomous vehicle in a defined ariane and we have been working at this for quite some time and continuing going forward. maria: i want to ask about the implications of all the information you are collecting and the data. let me get your take on the macro story because there is lot of concern that the macro story is a lot lower and weaker than anybody thought. you have a frightening yield curve, modest size of credit tightening. what are you seeing?
>> it depends what part of the world we are looking at. if you look at the u.s. clearly the data is telling us wage growth, income growth, job growth is continuing to do well. you compare that with low energy prices that is putting a lot of consumer spending, a lot of power with consumers right now so fairly well in the u.s. we are always on the alert for the downside and when you marry that with the age of the car parked in the u.s. that bodes well for the auto industry going forward. we are watching closely. in europe we are seeing continued moderate growth, china we are still seeing growth particularly in the car industry, we are watching it closely and in south america continued contraction in the economy in the car business given the situation. it is a mixed bag across the world but overall we think globally about the same as last year. maria: let me get your take on the apples story because we are
having a controversy on set this morning. apple's resistance to the government's push to get around it security. you are running a company with access to all this data and information. if you were in this place would you let the government see all of that information? if you were asked and got a similar request from the fbi, what would you do? >> it is a really important question and clearly we don't collect data if customers opt in and allow us to do that and our approach as a company is we take the security and privacy of our customers's data very seriously. customer's own their own data. we want to be trusted stewards of that and we are committed to make sure it is protected and we are watching this situation very closely, what is playing out right now. maria: but the fact is we are
faced with a real dilemma. people do not want government snooping on them, they don't want their civil liberties impacted. at the same time this is a situation about national security. when it comes to national security would you choose a different avenue and say this is about national security, i am going to have to give this to the government? >> as we have done in our business, in the past where we have been asked in certain situations for crashes and things of that nature where we have been basically from a legal standpoint asked to get data we do that but in this case in terms of the privacy of the at clearly that is a big issue and we are watching the situation closely. maria: you don't know. it is a case by case. it is not a blanket answer. >> it is not a blanket answer
because there are different circumstances but from our standpoint as i mentioned earlier we are really committed to making sure we protect customer data. maria: what is your strategy around uber? i wish -- i was that markets recently, the big investor in technology companies, he said in the future there will be four car companies, apple, google, tesla, and uber. i know ford has a different vision in terms of the car companies out there and the manufacturer of cars but how do you handle all these companies from ridesharing to driverless cars trying to take your business out? yahoo! >> we look at this as a huge opportunity and i appreciate mark's view and he has a certain view of the world. we are going to have our core
business designing and to bring great cars and trucks and during our lifetime, majority of the population of the world is going to continue to buy and drive and the vehicles away they have for many years. at the same time we are also going to see the growth of access instead of the ownership particularly in bergen areas and for millennials a that is why as the company as we transition into an auto and mobility company we are doing a lot of experiments particularly around ridesharing and, sharing and seeing how we can play a part in making people's lives better and change the way the world moves. we viewed as a big opportunity, lot of competition out there but we are really looking forward to it. maria: where is the gross? where d want to expend resources now seeing that that is whether the car buyers are and the vehicle demand is? >> we see growth in a number of areas, we see moderate growth in
the u.s. and places like europe. in china there has been a lot of discussion about what is going on but when you look at the demographics, clearly as it transitions from investment in industry led economy to a consumption when it doesn't change our long term view of the prospects for growth so china, india, but also at the same time we see potential growth in the mobility services area and how can we have a business model that allows us to have recurring revenue which complements our core business and quite possibly less in the business cycle? maria: is all about technology in the mobile conference in barcelona. do you feel we are going to go into recession in the u.s. this year? >> everything we are looking at in terms of the economic metrics tells us know. clearly consumer confidence is a
big piece of that. we have to be cognizant. it every day at consumer wakes up and sees all the news from various media outlets that the sky is falling that impact consumer confidence and that could impact the economy, could impact our business but right now we are not seeing the transition of all the issues we are seeing in to consumer confidence will we will watch very closely. maria: good to talk with you. best of luck with the rest of the conference. we will see you soon. >> thanks. maria: and next, what is being described as a monster cyclone ripping through fiji leaving 17 people dead. we will bring you the latest and take a look at the futures markets, looking at a big rally at the opening of trading, we will be right back. we needed 30 new hires for our call center.
maria: we are looking at a good rally of 200 points on the dow jones industrial average. my next guest wrote an op-ed in the telegram saying another economic crisis will trigger a political backlash in britain, europe and the united states and gregory u.s. into poverty. the daily democrat's deputy editor joins us from london. you paint this picture of a negative story unraveling here. let me ask you first how this begins. are you expecting a big sell-off in terms of stocks? >> not necessarily entirely pessimistic. we will get through this but my real concern is i didn't think the public out there -- has been rattled by some of the policy errors of the past decade or 20 or 30 years. that is where i am coming from.
i am a supporter of the free market and capitalism but i see a domestic bank bailout of the best ten years, a shattered confidence in capitalism, a lot people, especially britain and europe, when it came to the free-market's ability to solve social and economic problems. i disagree with that position but i think the market is the best solution and it is a terrible mistake not to let more banks go bankrupt and in future we need to -- i was highlighting the political and cultural danger of any economic recession. we do not have enough to cope politically. maria: enter bernie sanders. even donald trump. how do we reverse it? we are heading toward the way
europe is. bernie sanders gets the nomination of the democratic party? >> it is very scary. if you have seen similar events taking place in europe in countries like greece and france, you have far less policies rising and far right policies rejecting capitalisms, when it comes to economic policies. phil:% of the public looking for extremist parties that reject the market and even countries like the united kingdom which is very liberal in the sense of tactical liberalism, very pro market, free trade, and so on. even a country like the u.k. would react very badly to another financial crisis and the public would not tolerate another round of bank bailouts. another round of bank bailouts people would go nuts. voting for extremist politicians, calling for massive
tax rates, price controls, wage caps. a complete disaster for the economy. politicians make it very clear they have a plan to cope into seventh and another financial crisis and the plan has to be about allowing banks, large banks to fade in a controlled manner and bondholders are not bailed out and those kinds of things we can't sustain this scenario the midwest time. maria: that is certainly would is boosting bernie sanders and donald trump because of that fear that the people will lose again. you know, there is a story mike murphy points contact crunch this morning in terms of the apple story, and we want to talk about that throughout the morning because we have a difference of opinion on set. the story is saying what? >> the story is saying that the fbi is making a public pleas that they want to get into
information on this one phone. tim cook sees it the other way, they want a back door system, apple posted something on the apple website, as un d. a. with the real crux of the issues and one of the people who does that encryption says what the government wants, just access to the entire system. >> how the fbi dollars the issue, shall we need to find out who the terrorists communicate with? the american public, every politician says what is wrong with apple and that is not the issue here, the fbi would like a back door available globally, and they are going down this road. dagen: won't admit -- they said that in a court filing about a brooklyn case, trying to get to the phone of a drug dealer ship. they have opened 70 phones in the past and all of a sudden --
>> they -- you as an apple user would like to have your data protected. dagen: i am not glib. to fight terror for the american people, apple is not going to do it. >> it is not about fighting terror. this is what is at stake for citizens. that is what is at stake. it sets a dangerous precedent that every one -- dagen: the victim is -- >> they can get what they want. maria: send us an e-mail and let us know what you think, we are on it next, more discussion about this. i think it landed last tuesday. one second it's there. then, woosh, it's gone. i swear i saw it swallow seven people.
maria: futures point to a strong open for stock prices. we are looking at a market that is going to be above 200 points. oil and equities will leverage the couple? i feel like we go day-to-day and the equities market, do we need oil above 34 the markets to have a shot to trade higher? >> will stabilize the bit, this link between the two is unusual given the career as we saw just the opposite. we are in the fear funk, it must mean loans are bad and heading into recession, neither of those are true in my judgment. we will frustrated the bulls and bears. the big but keep because of problems overseas and lackluster earnings because the u.s. consumer and the service economy moving fine. maria: one thing you mentioned that resonated with me is the fact that you got balance sheets where they are.
the savings rates for the individuals up to 5.6% and there's a lot of cash on balance sheets so once this turns it is strong. >> the u.s. consumer is in an enviable position spending more money and increasing their savings, more jobs, better wages, the consumer is in good shape. maria: there is a lot on the shelf and people don't necessarily want to take off the shelf because of uncertainty but the economy, recession, once there's a little more confidence, all bets on a shelf comes at, and deals and investments and r&d. >> you have new technology coming up to support the economy. that really hurt us at the end of the year and once we get past that, you're absolutely right, a lot of ammunition, i think the u.s. economy will surprise to the upside.
dagen: don't say fear fund too quickly. great having you this morning, see you soon. stay with us. i will talk with bernie sanders backers and ice-cream innovators ben cohen and jerry greenfield on why they are feeling the burn, next. at old dominion, we ship everything you can imagine. and everything we ship has something in common. whether it's expedited overnight... ...or shipped around the globe, ...it's handled by od employees who know that delivering freight... ...means delivering promises. od. helping the world keep promises. ive in a pick and choose world. choose, choose, choose. but at bedtime... ...why settle for this? enter sleep number and the ultimate sleep number event going on now. sleepiq technology tells you how well you slept and
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mcdowell, new york attorney joe tacopina. donald trump with a huge win in south carolina as the republican candidates focus on tomorrow's nevada caucus. jeb bush suspending his campaign after a lackluster performance in the palmetto state. donald trump set its sights on marco rubio. why he believes marco rubio and ted cruz may be ineligible for the presidency. >> i think lawyers have to determine, not so much with marco rubio, not familiar with his circumstances. because i am not sure. people make their and determination. maria: south carolina off, a fresh round of clinton e-mails revealing the secretary of state not pleased to cut a vacation
short. and the future of libya and all that, speaking with bernie sanders supporters, ben cohen and jerry greenfield coming up. the man accused of fatally shooting six people in kalamazoo, mich. it confirmed as uber driver reportedly picking up shares during his rampage. jason dalton fired upon the pedestrians at random. and data cracker barrel restaurant. the agency's demand apple break into the iphone of the san bernardino terrorists is all about justice for the horrific attacks. steven larsen is representing a group of families doing apple. he will join us later in the show. on to markets we go, a big rally at the opening of trade, 200 point gain of the dow jones industrial average, the dow up
186, and up 21. european markets in the green, between 1-1/4 and 2%. the best performer, up 2.3% for the index. was a huge photo finish at the daytona 500, the final race of the nascar season underway with the big win for danny hamlin who won by 1-100th of the second. dagen: less than half a foot, four inches. maria: presidential hopefuls, attention turns to the nevada caucuses. blake berman joins us with the latest. >> after another blowout win in south carolina donald trump now heads to nevada as the favorite there as well. only two polls, five in total from that state but also donald trump with double digit leads.
the only thing slowing from it for the moment appears to be technical difficulties which trump was able to laugh off at rally atlanta last night. >> because the lights didn't work i won't pay the rent so we get better lighting and don't pay the rent, right? right? because the lights didn't work even though it is better we say we are not paying the rent, the lights didn't work, this is ridiculous, we will not pay the rent and we say good bye. >> some of the from the negotiating tactics. marco rubio and ted cruz finished second, and third, virtual tie in south carolina. as the field starts to narrow their trying to argue trump has a feeling. >> donald trump demonstrated he has a relatively high floor of support but also a high ceiling. you have nearly 70% of republican primary voters the don't believe donald is the right person. >> that 70% has been divided
between 5 to 7 people. as this continues to narrow it will be easier for that 70% to coalesce. >> reporter: john kasich will not campaign in nevada, ben carson has a couple of events indeed marco rubio won't be spending election night in that state, potentially foreshadowing yet another from runaway tomorrow night. maria: what an election. is the burn wearing off? bernie sanders losing a tight race in nevada to hillary clinton. the self-proclaimed democratic socialist conceding defeat over the weekend but he says he is feeling good have south carolina. >> we think we have a whole lot of momentum. we lost yesterday by 5 points. month ago we were 25 points behind. if you look at the national polls those numbers are tightening up. in some cases we are ahead nationally so i think people around the country are responding to our message of a corrupt campaign finance system
and broken criminal justice system. i am feeling quite good. maria: i want to bring in ice-cream entrepreneur is an bernie sanders supporters ben cohen and jerry greenfield of ben and jerry's ice-cream. thank you for joining us. >> our you doing? top of the morning. maria: you have a new ice-cream concoction inspired by bernie sanders. >> that is correct. some participatory flavor when you open up the did you come across this solid disc of solid chocolate and underneath is plaint mint ice-cream. the solid disc of chocolate represents all of the twelfth since the end of the recession that has gone to the top 1% and underneath is the rest of us and the way you eat it is cut it up into little pieces and moved it around and there you have it. maria: sounds delicious.
let me ask you, what does socialism mean to you? give me your take on how things change once bernie sanders is the president and we move towards socialism? >> we have a program in the u.s. called social security. it puts people ahead of profits essentially. all bernie is talking about is making a health care a human right, making access to education something that is available to everybody regardless of how much money you have? maria: you think socialism is making me sure everybody has access to all the things we need like education, like health-care and he is saying free college. >> it is democratic socialism. what it means is government will work for all the people and not just the few at the top and for
the corporations. we are going to pay for it by having everybody paid their fair share so that -- corporations -- maria: you are aware social security is going bankrupt, right? >> the plan bernie has is to scrap the cap. right now people that earn $250,000 a year don't pay any social security taxes on income above that amount. once you scrap the cap and have everybody pays their fair share, social security is in really good shape. maria: when you say paid their fair share right now the tax code has highest earners paying the most in terms of tax. so do you believe the highest earners in not paying their fair share? >> that is correct. there's a tremendous amount of
loopholes that allow -- in offshore tax havens. all-out them to and not pay taxes on the states of over $4 million. you have all these profitable corporations that end up a zero tax and that is not fair. that is not what everybody wants. maria: why not just change the tax code? rather than turning the whole system upside-down and going towards socialism why not just change the tax code? >> the real problem is the influence of big money in politics and that is what determines what kind of tax code we have, what kind of laws we have because the way the system is both politically and economically all the benefits go to the top 1%, to the old from wealthy and corporations. we need what bernie calls
political revolution. maria: you are obviously millionaires. you started this phenomenal company and it is doing really well and you have high income. are you in the top income bracket? >> it is up there. don't know it is at the top. maria: if you are in the highest income bracket bernie sanders says 92% tax rate is not off the table. are you prepared to pay 92% of your salary to government? >> it is important to understand that when people talk about these tax rates would they are talking about is marginal tax rates. how much do you pay on that percentage of your income that is at the very top seller is not -- nobody is suggesting i will pay 90% of my income. maria: you will. if you are in the top-10. you will pay 90%.
you will. small business -- he said that. >> that is not what bernie is proposing. maria: what is he proposing then? >> he is proposing closing tax loopholes. maria: no he is not. that is not true. he is proposing the highest earners to pay much more than they are now, 92% is not off the table so i ask you are you comfortable paying 92% of your earnings to the government? >> nobody is suggesting be paying 92% of my earnings. maria: are you prepared, if push comes to shove, will you be ok with a 92% of your earnings to the government? >> never going to be that. maria: you got to pay your fair share. >> we would be happy to. as bent described it is the marginal tax rate.
to a certain amount you pay 15%. over the next amount you paid 20 something, over the next amount, so you are only paying your highest rate when you are making over, i don't know, $300,000, $1 million. it is not 92% of your entire income. maria: 92% of whatever is above $200,000 a you prepared to pay it? >> if that is what everybody else is paying i am more than happy to do it. maria: what do you think the highest rate should be? >> i am not an economist. maria: these are really important questions. when you are supporting bernie sanders and his ideas are as aggressive as they are it is very important to make sure our viewers understand what they are talking about about. i want to make sure you are understanding where we are in terms of -- where do you think the highest tax rate should be?
>> i am not an economist. i don't think anybody right now and say what that is going to be. >> i will tell you i do believe along with the majority of people in the upper incomes that we should be paying more taxes because the -- currently we are not paying our fair share. maria: you don't think you pay your fair share? >> no, absolutely not. i think currently there has been a tremendous shift to the cost of government from the people in the top income brackets to the people in the middle class. maria: mike murphy is on set with me wants to ask you a question. >> a huge fan, congratulations on your success. my concern is guys like you are paying so much in taxes it is going to prevent the next ben and jerry, the up and coming start up companies from ever
becoming the next ben and jerry. 90% tax rate which is what we are talking about will prevent the new companies from ever becoming great legs your company has. to support someone like bernie sanders puts a major chocolate cap on but mint ice-cream. that cap will be on growth and it will hurt this country. >> i think that is absolutely untrue. one things the we need to understand is taxes are on profits. their is nothing that a high tax on profits keeps a entrepreneur from starting a their business. when we started our business, we were -- interest rates were 20% and we were taking out bank loans at 20% interest. we kept going and kept doing it.
it is not true that by raising the tax rate on entrepreneurs or businesspeople that it keeps them from building a business. maria: you think if a small business is paying 92% of its earnings to the government you are thinking that remaining 8% they are going to use that 8% to hire people and create jobs? >> i want to be really clear that bernie sanders has never recommended putting the tax rate at 92%. maria: he said it is not off the table, he did. i'd find it really aggressive. gentlemen, good luck to you. ben cohen, jerry greenfield, we love the ice-cream. you listen. you laugh. you worry. you do whatever it takes to take care of your family. and when it's time to plan for your family's future, we're here for you.
maria: the obama administration held secret talks with north korea before the nuclear tests, cheryl casone with the morning headlines. maria: cheryl: the obama administration held secret talks with north korea days before the latest nuclear bomb test to try to formally end the korean war. the u.s. saying it received a north korean proposal to discuss a peace treaty for the korean peninsula that rejected it but pyongyang refused to consider reducing its nuclear arsenal. yelp customer service agent going to by the name of james fired from the company two hours
after posting an open letter to jerry saying after tax income of $8.50 per hour is insufficient to make ends meet and going on to say one of her co-workers, quote, was undoubtedly homeless, she was fired from her job. finally the state department releasing a new batch of hillary clinton e-mails and one of them showing she was not pleased her august of 2011 vacation was interrupted by a trip to paris to discuss libya at. in the e-mail, the former secretary of state said in part, quote, if i have to lie will fly at night, go to the meeting, fly right back to and from long island, the reason is because this is when -- the transition of libya. she is one of the people who wanted gaddafi out and this is a big meeting they were holding in paris to discuss what to do with libya to help libya survived.
which it really hasn't to be honest. maria: then you have benghazi happenings. she wants to play golf because there would be all the photos. she went. >> the timing was bad. let's not be so picky on every little thing. she was unhappy about that but she went. end of story. maria: good point. coming up, talk about a photo finish, fight to the finish, what was it? dagen: 100th of 1 second that he won by. maria: back in a minute.
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maria: an unbelievable finish to raising's biggest day. >> if you and i got in our vehicles and said let's drive 500 miles east same direction what are the odds we would arrive at the exact same time? it happened yesterday in daytona, near the 200 laps to go 500 miles, the 58 food edition of the daytona 5 funded, danny hamelin was in fourth place, pull out of his lane and chased
his teammates and got between matt kansas and martin crew x jr. and finished in front of martin truex, first data not win for denny hamlin, first for joe gibbs racing, like winning the super bowl. he did that with the washington redskins. final line, hamlin, true x, one of feeling to drive. four of the top five finishes for toyota. does this do anything for toyota sales? people are driving out highways like this but in the o.j. chase there was an uptick in sales. dagen: lotus that this is the biggest victory in racing in its
history. ftle yoda has only been in nascar since 2007. they won the championship last year, in a shortened season because he broke both his legs early in the season so toyota won the championship at the daytona 500. they could use it in ads. >> the camera doesn't have the same -- maria: i used to have at toyota camry. dagen: no road car has that engine. when you go to these raises it is so loud you can't hear. if you take people you hate to a sporting event these are the ones to go to. you where scanners so you can hear the action. >> cars going around and around. in circles.
>> nascar is growing. the guys were around, sideways cars. dagen: golf is interesting if you use that description. who is talking about golf? driving over 200 miles an hour in a pack of cards no skill involved? >> the first eight minute that you go in circles. maria: one of the most successful sporting events. dagen: out west as well, all across the country. >> you see people drive. dagen: do not understand. maria: dropping bombs and that is it, thank you. pretty good market day, futures point to a 200 point rally, trading begins in two hours, oil prices up 3%, that is setting the tone. ranks are thinning as dramatic
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welcome back. it's february 22nd. donald trump in south carolina this weekend adds republican candidates focus on tomorrow's nevada caucus. marco rubio placed second in south carolina. the republican front runner questioning rubio eligible for president. hillary clinton hillary clinton over the weekend. democrats looking to saturday's south carolina primary. apple is still pushing back on this request. >> district court judge is representing a group of family family -- families suing apple. . >> nasdaq looks to open up at 50. european markets also in the green. we are looking at gains between
1.5%-2%. the shanghai composite up. jason dalton, the suspect in the shooting rampage that took place on saturday in call kalam, michigan. he fatally shot two people and wounded others in three random incidents around the city. the incident stunning the tight-knit community. >> you don't really think about it because it e doesn't effect you and something like this happens. not to this community but to one of your friends and it breaks you and makes it so much more real. >> reporter: uber releaseing a statement confirming that he was an uber driver and passed a background check. joining us is judge andrew --
good to see you. >> is uber lieable for this incident? >> in a short answer it would be probably no. it depends on what the facts are. ube is not a guarantor of safety. just because a person is an employee or independent contractor doesn't make them lieable for their crimes. we don't know what connection uber had here. if the driver used the uber symbol on his windshield in order to get close to his victims there would be some liability on the part of ube. if he was crazy person who slipped through a background
check and went back and started killing, i don't see how uber could have anticipated it. the people who were killed were members of the the public, not customers of uber. >> i guess questioning these background checks, we isn't seen murder sprees like this in the past we have seen fights and bad behavior. how can we really trust the background checks. >> they probably hired an outside company. they typically hire former police investigators, former fbi investigators. it's almost all online. it's a matter of having access to the software. the other reasons for tout sourcing the background check is
liability. if something goes wrong. >> given someone ice privacy. how much information about their mental health will be available in a traditional background check. >> great question. the answer is very little. this comes in background checks when people are looking for a handgun. you could be the craziest person in town but unless there's a record of that, the fbi won't know about it. if we get an ordinary background check you will not find that. >> wow. >> a lot of large corporations are no longer allowing their employees to use uber. the drivers are end den pendant third party. the company says they can have legal liability if a passenger
is attacked by an uber driver -- >> if a company says it's employee you shall use uber and that employee would be harmed, would that epl phroeul kwraoe have liability, probably so. who does uber owe a duty? >> it owes a duty to its customers not across the street to one of its drivers. apple is different. it's the government attempting to conscript a private entity. there's no authority to justify that. >> i will leave it there. thank you. i know how you feel about apple. you are on tim cook's side. fox
business network now on the details there. >> reporter: the the good morning. tim cook appears to be softening his tone. he is saying he would be far commission for tech expert, privacy advocate and members of congress to look into this public safety versus privacy issue. he is still saying that what the fbi wants will create a dangerous precedence. now the fbi director did everything apple has been saying about what the fbi wants. it does not want to break anyone's encryption. a master key is saying, everybody should take a deep breath and not saying the world is ending. apple would keep custody of the the software to get in the the terrorist's iphone. the government would never have
the k*us tkoeuf of that. if apple wants to destroy it, it's up to apple to detroit. apple never disputed the fact that the county health department of san bernadino gave them permission to access it. he's also saying that cook never disputed that the government was accessing this terrorist i cloud data and getting at the contents. we know it wept dark in the the middle of october and the terrorist could have covered further terrorists plots. cook never disputed that apple was giving the government access to other iphones in other cases. >> up next, they weren't a perk but the friend's cast. the money that they are still making from this wildly popular sit come. back in a minute.
welcome back oil moving higher to $30 a barrel. we are looking at a good rally for the averages today. what's driving the move in oil. >> good morning. we are seeing a lot of news on oil over the weekend. there's more progress towards talk on a production phase. we heard comments from rush prurb more than comments from nigeria. we could have a deal by march 1st. the big drop in the u.s. recounts.
pit fell to the lowest level since 2008. that's one of the reasons why the international agency came out with their report this morning said that the u.s. energy production shale production can fall by 600,000 barrels a day this year and $200,000 barrels a day next year. they are saying in the the long term they are expecting the u.s. production could raise of 14.2 million-barrels by 2021. the other thing, they see this market will get imbalanced by 2017 and raising concerns about complacency. they are saying we could see a price spike in a couple years because of the lack of investment. back to you. >> thank you very much. we want to see the balance
between supply and demand. >> "dead pool" beat out the competition. >> this run -fpy comic book film snagged another $55 million-dollars in its second weekend. listen. >> this movie grossed $35 million-dollars domestically. set to become one of the successful r-rated movies ever. amazon may launch a private label not just sell fashion brands, a move that can squeeze other brands and retailers. they are looking at a head of marketing and senior brand manager among other positions far fashion private level. and five of the six "friends"
stars reunited to pie tribute james buroos. jennifer aniston said all the the friends were close from the start. >> we really just fell in love and adored each other and instantly an hang out at each other's houses and watch the show together. >> matthew perry was in london rehearsing for his upcoming play. it feels like it went off the air yesterday. "friends" went off the air 12 years ago. certainly a great trend. >> count up the high cost of prescription drugs. the ceo will weigh in next. for all of you out there who hate ironing, the university of columbia has a solution for you. this ironing robot using the x-box to scan clothes and map tout best way to get rid of those wrinkles.
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welcome back, the high cost of drugs in america. controversial farm sue call ceo was forced to testify before the united states congress on charges of drug price gouging. issue shedding a light on a critical part of the industry. it's a pleasure to see you. >> nice to be here. >> you are working on important drugs. one of that is that in the area of alzheimer's.
if we were to see a company come out with an alzheimer's drug, i don't know what they would charge because we know if we live to 85, one of two will get alzheimer's. >> you are talking about anybody. we announce results from two phase ii studies in the summer of 2012. the results the encouraged to us do additional study. we were treating patients for 18 months. we will have the data in the fourth quarter of the year. >> the challenge is yes, we have to tpro*f drug but the -- we have to tpro*f prove the drug, does removeing this plaque to slow down the progression of the disease. that's what we are hopeful that we are able to see but not proven yet. >> the fact that you need to see more money investment time
energy going in the research and development of things like this. this is something that effects all of us. how do you balance the idea that you need to make investors understand that if you invest in it and put money in you will see a return so they think they will be able to see a company charge for it. you have to balance your business where you have to balance the fact that people have to afford this. >> right. >> how do you do it? >> we have to maintain a long term time. we have been investing in alzheimer's for over 2 # 5 years. our guys tell me about $3 billion-dollars. we don't have anything to show for it yet. we think in the the next two years alone we will spend another billion. our investors need to have a
long term point of view. you have to invest with other areas that have better defined mechanism pathways that you have a little less risk bringing in new drugs to market. >> what is the answer to making drug prices affordable? >> i think, in all the of the rhetoric with the the presidential campaign under way we've got to look at the facts. at retail prescription drugs have been 10% of total health care costs since the 1960. even with -p the spike in 2014. they rose 14%. we had a new hepatitis drug introduced and had patients waiting for that drug which
cures overnight in some of the cases. preponderate new data came out for 2015 drug price inflation about over 6% half of what it was the year before the the congressional budget office predicts drug prices will don't the track health care inflation after the middle of the next decade. first look at the facts, why do consumers experience drug price inflation. they 4 0% on what we pay for our tote the out of pocket for health care. >> i understand that. i am talking about that person with cancer has to get dosage an it cost them $500 or more. >> it is important that we do
everything we can to make sure that people can access and afford our medicine. we have patient assistance programs who have helped millions of people since the middle of the the last decade afford drugs. people who have no insurance and have other circle stapss. we have the step and covered in the other side in terms of people being covered with insurance which is the majority of people in this country. insurance should reflect the value of medicine. if you are paying 20% out of pocket and 5% of hospitalization i think we've got it backwards. >> let me ask you about oncology, where are we on the fight against cancer? >> i think the story in cancer
has been ammino oncology. can we harvest the body's own immune system to turn off cancer cells. can we strict the tune in system in to attacking cancer cells. this is the cutting edge of oncology. a couple companies are further ahead than lily. we are launching new drugs for people with lung cancer. there hasn't been advanced in terms of increasing survival for 20 years. >> i think oncology is the hot spot the now. we have more clues and more evidence based on the the
science about where to go to prevent cancer. >> what is your take on the zika virus? how long this it take to get some vaccine on the market? >> we are not in the vaccine business we are following that story close hi. if diseases like aids and others have been any guide i'm confy tkept that we will come up with a -- i'm confident that we will come up with a growth. >> the growth is where in the next five year? es >> the growth is from our launch products that are launching. we have two auto immune drugs under review now. >> thank you for joining us. >> .
>> a pretty good rally at the opening of trading. >> the dow expected to move up. that is off the best level of the day. >> coming up next, foxconn try due or the breaking down everything you need to know for the 2016 campaign and the latest on applele's privacy fight. we are talking to steven larson rep e senting a group of families suing apple. back in a minute. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mrs. johnson. [dog bark] trust me, we're dealing with a higher intelligence here. ♪ the all-new audi q7 is here. ♪
good monday morning. welcome back. first your top stories at 8:00. donald trump pulling out a huge win in south carolina over the weekend. that's now focus on tomorrow's nevada caucus. it's thinner by one with jeb bush suspending his campaign. donald trump set his sights on senator marco rubio. is the front runner explaining why he says rubio and cruz maybe ineligible for the presidency. >> i think the lawyers have to determine that it was retweet -- not so much with marco. >> why would you tweet is it. >> because i'm not sure. let people make their own determination. .
in south carolina now this upcoming weekend. a fresh round of clinton e-mails. the former secretary of state was not pleased far crucial meeting in the few u khur of libya. we spoke with ben and jerry about their controversial tax proposalss and asked them what they thought the tax rate should be. i just want to make sure that you understanding where we are in terms. where do you think the highest tax rate should be? >> as i said, i'm not an economyist, i don't think anybody can say what that's going to be. >> a man fatally shooting people are confirmed as an uber driver. he fired at pedestrians at
random, at a car dealership, apartment complex and cracker barrel. we will have more. james coleman said his agency's demand to break in the t*eu phone of the accused san bernadino terrorists. it's about justice for the horrific attack. apple is still pushing back on this request. >> former u.s. district judge is representing a group of familying suing apple. >> futures showing a big rally at the opening of trading this morning. the dow jones expected to open up 2500 points. you have european averages with the dax in germany up now. it was true photo finish at yesterday's daytona500. the nascar season under way. late to win by .001 of a second.
>> good morning to you. >> good morning. that's right. that's what donald trump is talking about. trump still leading in the the national poll there. he is expected to win tomorrow here in nevada. that leaves tropical storm debby -- that leaves ted cruz and marco rubio fighting. tall candidates have their eyes on super tuesday next week. march 1st a dozen states will be holding primaries in the the south. donald trump was in one of those states, georgia last night where he suggested that hillary clinton will be the democratic nominee after her win here on saturday. >> i have a feeling bernie -- he had to win yesterday.
you know where i'm going? to nevada. >> ted cruz said that despite trump's win in south carolina over the weekend, it suggests that he actually cannot win the nomination. >> donald trump has demonstrated that he has a support floor of support and you have nearly 70% of republican primary voters that don't believe doneal is the right person to represent against hillary clinton. >> marco rubio spoke haas night and hopes that his family ties here will help him win caucus voters. he sent six years as a kid here when his parents worked in the vegas casinos. >> thank you. joining me now is former white house chief of staff under president clinton and fox news
contributor mary katherine hamm. thank you for joining us. it was close in nevada. what's your take on hillary clinton versus bernie? >> this was the weekend if terms of the shake out in terms of the the republican side. i think it was so ifing it was solid and i think going in south carolina that gives her momentum. she is like i will not to set expectations too high. >> great job on the the debate. really great and number two, how do you see things now stepping back and now after jeb bush suspended his campaign? >> i think for trump and clinton there are some worries. jeb dropped out and a makes a huge difference for cruz and rubio moving forward.
there their things that are hard to mess with. who do you think next person on the republican side is to though in the tow with well? are you hairing anything about who is next to throw in the towel stph-l. >> i think the most -- i think the most logical choice to -- he has flown out of the the radar where nobody is attacking them and they have some rational to move forward. it's ohio in the the future. ben carson is hanging out and making friends and enemies at this point. . >> what -- you said that trump polls tight to that 35%.
should mitt romney endorse trump so he gets the stay of being part of this establishment? is that what it's going to take? >> there's this real toss up here. romney could be not such a boone -- you have nevada coming up that had a lot who might respond to a mitt romney endorsement. pit could go either way. the rules are not normal. >> they really are not. >> how do you see it? >> . >> who is more likely to go out? cruz or rubio at this point? >> who will take the other one out? it will turn into a two ph-pb race. i think we are frustrated that it's a thaoe-man race. >> he's lose to trump. my thought on that is that he was nice enough to trump but he conferred on his disapproval.
>> bernie sanders has tapped in just as donald trump has on the the republican side. i think secretary try clinton is begining to do that. i think she gave a good speech after her win in nevada. i think she included people. she's speaking to those young people. those millennials. i think going forward in the general election i think you will see the enthusiasm factor
building in a significant way. you think bernie sanders is pushing her all the way to the left. >> . >> the primaries at the top on all these candidates republican and democrat. i think if you list on the her formulation which you talked about wall street after her win, she also talked about businesses doing the right thing and she was very constructive if that regard. she has a record of secretary of state and i think that will serve her well. you see in polling numbers that hillary clinton does very well well against donald trump in a national election. i would think just the opposite. i would think donald trump is one of the last people that hillary would want to go up against in the national election.
are those polling numbers accurate in your opinion? >> well, it's early right now. the polling number for the general election gives -- it is an indicator but still a long way to go. trump is a candidate -- he is very aggressive candidate for all if you will. they know each other so they can talk to each other at least in a familiar way. i think they will be a sharp contrast and i think national security will come in to play in a major way after all that is the most sacred raoeublt of any commander -- responsibility of any commander and chief. i think believe secretary clinton will be. >> it will let her use her gender as a shield to borrow from the "wall street journal requests which she has been dying to do. >> donald trump doesn't have to follow any of the normal
political rules. democrats might be a little more worried about him than you would think at first blush because he has proebgen up -- we don't is to follow up the same rules. a guy like that is hard to fight as we have seen in the the gop primaries. this is your world. is this the best you have? there's five people. donald trump coming to the race is -- it was game changer.
>> >> i think you raised a good question. you have to have the courage to throw your hat in the ring. it is running for president is donald trump and everybody else has said and i think the person public dealt with it it's a tough, difficult long slog so i think you have to step forward. the real question that you're raising is will either of the the nominees the unify the country when they are elected. >> i think the point you are making is a good one and an important one. >> we will see if anyone does. >> good to see you both. thank you so much. >> coming up, apple continues to push against the fbi's order to a san bernadino i phone.
over unlocking the iphone. now the agency is making a personal plea. fox business network covering the story. >> good to be with you. the fbi is making a personal plea. it is saying we need the iphone content. we are not asking far master key that would let loose on the the land everybody's iphone information. that's not what the fb s*eu asking for. they are saying, we don't twaopt break everyone's enkreupgs. he is saying stop saying the world is ending. here are the key points that apple does not dispute. apple is not disputing that apple would keep custody of the software. the government would never have the software. apple would destroy that software and it's their choice to let loose tonight land. it's up to apple. also the san bernadino health department owns the iphone and has given both permission to access it.
the fbi was accessing the i cloud con at the present time so apple was giving permission there and apple has been giving the government access to iphone content in other cases it looks like tim cook is softening his tone here. he would gladly participation in a commission set up by congress to explore public safety. we know home hand security chair are talking about that. they are sub kwrebgt to wiretaping which are basically phone traffic over the internet or wirelessly. . they. an issue with the dangerous precedent cook is talking about is creating software that apple would keep in custody the to access encryption phones that the apple started enkreupgsing two years ago.
is it the phone or is it software that other people are going to be able to figure out and hacking so that in all of the information is vulnerable. >> it would be up to apple to disclose the software letting other people figure it out and accessing just one phone. these are facts that apple is not disputing. >> his e-mails to his employees. what the software is doing is forcing companies to enable hacking to compromise the use of privacy. if this is a single issue about, give us the information about this phone. there's no question about who this guy is and -- and the information on that phone should be -- now the question is, what the government is doing to ordering apple to create a hacking software that doesn't just disappear.
that will have to be released that this work and detected, validated, retested by the test attorneys. never leaves apple -- read the court orders and not listen. >> you clearly do not. >> that's not what's going on here. apple is saying this is not about the single investigation. it shows apple can't protect intellectualle property. >> apple doesn't want to do it. they are a lousy company if they cannot protect this software within their walls. >> we have iphones encrypted. >> it's the precedent of it because there have been -- >> do you know why we are here because the fbi changed the
password on the one pope that lost -- lost all ability. >> every time i take a photo in the iphone and be on the the internet. i think as the press tkept set by -- precedents by silicon valley. they are not concerned with our national security but more concerned about their company. het me finish -- -- het me finish, they don't want to look anti-muslim. they are making billions off of america and they think me people who are concerned with terrorism you want to know if these tech companies are looking out for everybody. >> to your point, apple has said that in a case involving a drug dealer here in new york, the da wanted to get in the phone, apple's attorneys said these court orders have tarnished
apple's brand. >> you are using the multiple order to set the case to back track. >> they don't want to open phones -- >> we have a price. there's a search warrant. >> get in the phone. >> what tim cook said is that once this is created it's out for. it's got just the physical world in technology. >> it's out there. it's within apple's walls. >> it will not make you right.
welcome back. the uber driver suspected of a shooting rampage expected to be arraigned today on murder charges. >> police say the 45-year-old fatally shot six people and in three random incidents over the city over the weekend. they are investigating whether they were transporting paying passengers between the shooting. fired from the company two hours after posting an open
letter saying that her eup come of $8:15 isn't sufficient to make end's meet. saying one of her co-workers were undoted homeless. >> the "apollo" astronauts reported hearing mysterious outer space-type music while flying behind the moon. listen to this. >> you hear that sound? "whoooo". >> more than 18,000 americans have applied in nasa's next astronaut class. that is a previous record of $8,000 set in 1978. that is close to triple the applicants for nasa's rerecent astronaut class in 2012.
they will select a final 8 to 14 candidates to begin training. >> richard is also hiring applicants everywhere. >> real quick on one of your stories in terms of the the person who went online and complained about her salary, had she gone to her boss before and said i don't make enough money? or she just wanted to do it publicly? >> that's the question. a lot of times internal company documents like that are between her and her manager. they don't publicly disclose that. that would be the question internally. her being fired you would have to have cause to fire her. you cannot use a social media post. it's tough to use it only the to fire an employee. but to go public and show issues
within the company public and not go to her boss one on one. >> it can be cause. they usually have other instances. they create a docket of the employee pause they are worried about potential lawsuits down the line. >> we love each other. i have a massive respect -- there's a hot of yelling but it's like a family. that is a realish and we need e to hear both sides. >> that is the government and people on both technology and access eublt and civil -- access eublt and civil liberty. >> he has to threat world know that he's not going to rollle over.
>> i think that you are spot on. i think that's what happened. >> we will see. >> why millennials are feeling the bern. first, think rain might ruin your wedding day? this couple getting par rid under 6.3 mill gallons of it. . ♪ voiceover: studies show that sitting at a desk all day can lead to serious problems,
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so you can try it risk-free! voiceover: call or visit inmovement.com and use promo code freeship. that's inmovement.com. promo code freeship. stand up for your health. >> welcome back, hillary clinton getting a big win over the weekend. and now they head to south carolina blake burman, good morning. >> she won nevada by six points. but that race finished much tighter than anticipated just even weeks ago. >> i do believe that the message that we want to take to the american people that we can do better together, we can build those ladders of opportunity again, we can have broad-based prosperity, rising incomes, knock down the barriers that hold people back
and i think that's a winning message. >> sanders is trying to make the argument that saturday's loss is barely that in the delegate count. >> hillary clinton in nevada got 19 delegates, we got 15 delegates, we're going to need 2400 delegates to win, so, it's a state by state process. >> next up is south carolina, coming up on saturday and the real clear politics polling average shows clinton leads big in that state by roughly 24 points. super tuesday looms next week as well. sanders says he feels he has a good chance there, maria, to take several states, back to you. maria: this is exciting. blake burman, thank you. and bernie sanders looking to bounce back from a disappointing loss in nevada, saying he's got work to do to widen the appeal. >> we're doing better and better among younger people and not so well among older people, whether they're white or latino.
maria: why millennials are feeling the burn. we want to bring in national review's katherine at this point and a millennial panel here, what is so hot about bernie sanders according to the millennials? >> they're not even policies, they're not looking at what the policies are, but he said revolution and i'm sick of the way things are and i'm mad ands' mad. i don't think they're really looking into it more than that. maria: which is why i asked ben and jerry's ice cream founders ben cowan and jerry, why they support bernie sanders. listen to this. >> it's very important to make sure our viewers understand what they're talking about so i just want to make sure that you're understanding where we are in terms. what do you think the highest tax rate should be? >> boy, as i said, i'm not an economist, i don't think
anybody right now can say what that's going to be. >> but i'll tell you, i do believe, along with the majority of people in the upper incomes, that we should be paying more taxes. maria: oh, there you go. and they will do just that if bernie is president. >> there's no doubt about that, but here is the issue. i think the reason why millennials like bernie, he's like a mix between your favorite professor and grandpa, so you want to listen to him and fun to listen to. there's real angst out there. wall street got a bailout and student loan debt is off the charts and they feel they're treated unfairly working hard in college, working hard in college and wall street got a bailout and they should get their bailout is what they think. this is what ben cohen, it will kill 6 million jobs for whom, the millennials, the young people and next generation and
people who support bernie understands that, maybe they wouldn't. and where are republicans. >> maybe they want to go up against bernie sanders in the general election. >> if you look at the polls, bernie is polling five to 10 points better than hillary clinton against the republicans. maria: you think they would go up against them. >> when i was in college, it's easy when you're not paying taxes and free everything, free pizza all day long and everything is amazing. i agree, the biggest problem i have with republicans during debates, not everyone is like everyone on this panel except me when you don't understand the economy and don't understand how taxes work and what real life is, you have to make this easy and acceptable and bernie sanders brands himself very well in a way that i think that people can put into one tweet and your republican candidate has to combat what you said talking about jobs and they're not doing it on the debate stage and once again we're losing the branding battle. >> no doubt about it.
the question, what are republicans going to start doing. if they don't try to win young people early on in the campaign they never are. when we keep punting this program and bringing in young people and diverse next election, millennials are the next group of eligible voters. >> bernie is specifically reaching out and saying, hey, millennials, i care about you and i know things aren't fair and help you out and people on the conservative side say that millennials are idiots for supporting bernie. instead say, no, he's actually going to hurt you and this is why, and this is what we're offering solutions rather than criticism. maria: when you look at the numbers, free college, free health care, it's impossible. does anybody believe they're going to get free college? >> the problem is exacerbates the stereo types that millennials aren't grown up and can't take care of our self, that we don't want to be self-reliant or want jobs, we want things handed to us for free. i think on a generation level
we're branded poorly by bernie sanders. >> absolutely and hillary clinton out there saying maybe we can't tuition-free, but tax on wall street, speculation, whatever that means. without republicans answering and without us saying something in return, we are going to lose this generation because it does sound wonderful. of course on wall street you should be able to tax it and millennials don't understand what the results of the taxes should be. maria: i was talking to someone the other day who grew up in china under mao. at that time everybody had the same hair cut and looked the same. it didn't matter if you were this tall like michael jordan, everybody plays basketball. michael jordan is no better than anybody else because he's taller and skilled. you're going to play basketball, too, and make the same thing as michael jordan makes. does this generation understand what socialism is? >> i don't think really when it
comes down to it that people, were students of history what socialism means. you're talking about reforming what it means. and i talked to some and thought it was social media. maria: facebook, okay. >> american professors are not helping disspell the myth. maria: going throughout universities. >> they gave it a positive spin. maria: they did for sure. do you have a candidate? >> i don't right now. >> i'm probably leaning toward marco rubio, if you look at the polls, he's the only person that can beat hillary clinton and polling well with the millennials. if he ties hillary with the youth vote, republicans will win in a landslide. maria: anybody? thank you. mornings with maria starts every morning at 6 a.m. before we take a break, check out moments you may have missed
from earlier in the program. >> reports over the weekend that i hear is that she is quite worried about running against donald trump, the gloves will be completely off with him, there won't be civility when it comes to e-mails and anything in her husband's personal life. >> and painting it broadly, but apple is not asked to decrypt information on the terrorist, attacker's smart phone, but create an overriding system that would allow investigators to circumvent the system. and valuation in which they're selling relative to their fundamentals, which are okay, they're not great, but good enough, i think it's a good place to shop. >> we take the security and the privacy of our customers' data very, very seriously. we view customers and phoning their own data and we want to be trusted stewards of that and we're committed to make sure it's protected and we're watching the situation very closely.
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♪ >> welcome back. lebron james facing an unlikely foe during last night's game against the oklahoma city thunder. cheryl casone with the headlines. cheryl: oh, he did. take a look at the video, while lebron james protested to an official a female thunder fan screamed, just suck it up, lebron. and they posted this on the instagram account saying i guess she told me, ha, ha, he didn't get the call. disney wasting no time capitalizing the success of the "star wars" movie. and releasing the details about the theme park in florida.
construction has begun on what will be a brand new "star wars" planet and two main rides. and some dramatic video from off the coast of england where two swimmers were rescued by the coast guard after they were swept out to sea by a strong rip current yesterday. they were part of a group of five that were swimming in a bay where high winds and rough seas created very treacherous conditions despite unseasonably mild weather. all five swimmers had to be taken to the hospital for treatment, but again, this video just coming in from yesterday. back to you. maria: thank you. oil prices helping along the struggling energy center. higher in the premarket. we're expecting a big rally in the stock market as oil prices are up 3% and major averages are up better than 1%. joining us is mainstay capital ceo david cudlaw, thanks for join us. good morning, maria. maria: what is your take on the market. things have stabilized the last two weeks or so, big rally began thursday.
would you buy into it? >> well, i think for investors, the key is to recognize the market environment that we're moving into. we had the market rise for four years through mid year last year with not even a 10% correction. investor became accustomed to a market moving higher with little volatility. we had a correction and we've had two corrections in six months and we think we're in an environment where the market will be trendless and lost volatility, less anxiety for investigators. maria: mike murphy is with us. >> earnings are what can push us higher and out of the trading range and back to new highs. i'd like to look at sectors beaten up, like financials and on the flip side, technology names like facebook that held up well during the pullback
trading near the recent high. i think there are opportunities out here about you to david's point, we're no longer in a raging bull market and every day new highs, tread carefully, but there are opportunities out there for sure. maria: what do you think about that, david? >> when we look at the market for this year, we're looking at steadying our portfolio. there may be opportunities in financials and we think there's opportunities in technologies, would you rather have growth stock priced for perfection or maybe come off that price for perfection a little bit or an undervalued asset paying high dividend and offer a decent return? we think that's where consumer staples come in and have an opportunity to steady an investor's portfolio. maria: dagen. >> if you're trying to protect your portfolio and given some balance and volatility, how
much should you own in treasu treasuries at this point? >> the interesting thing about treasures which performed well, in the fear trade, a selloff like the end of the year, treasuries do well. the concern is that we're still expecting the federal reserve to raise interest rates and that will have an impact on interest rate sensitive bonds, specifically treasuries. we're looking for liquid alternative investments where it's a hedge fund strategy within a mutual fund or etf wrapper, that can give us another flavor to the portfolio, diversification of the portfolio. help protect against volatility, hedge against it and in some cases profit against the wild volatility that we expect and not have the interest rate sensitive risk that we have in bonds. not that you shouldn't have bonds in your portfolio still from a diversification standpoint. maria: when does the fed raise rates do you think, david? >> there's a disparity between
the fed futures and the dot plot and-- >> when do you think the fed raises, march? >> i think probably june. maria: june. >> i think you can't take march off the table because we look at cpi date that that just came in and what their intent is. first to get off zero and now normallize rates and they want to move. maria: they want to move, but they can't move because the economy is sort of stagnant. >> they stayed they'll be data dependent and i don't think the date to would support the rate hike. maria: david, final word. >> they'll raise again this year. maria: thank you, david kudla. before we move on, tourists on a honeymoon, the elephant gives a massage and gently prodding them with the feet and tusks,
>> stocks are looking to the upside. nearly 200 points when you look at dow u.s. futures right now. we're seeing oil higher and that's bringing energy stocks, that's likely to rally. globally all up arrows and looking at two movers. lumber liquidators and c.d.c. looks at formaldehyde in the flooring and that's down. and watching yahoo! that's a winner this morning as it's announced they're likely to look for bidders according to familiar sources, yahoo!
the best returns aren't just measured in dollars. ♪ >> welcome back. that's our top story of the day. a victim of the san bernardino terrorist attack will file a legal brief in support of the fbi's attempt to force apple to unlock the encrypted phone. the office of the san bernardino district attorney and as well as steven larson
now in private practice to represent the victims in the apple litigation. he joins us and thank you for being on the program. >> good morning. maria: we've been having a very rich debate on the set in terms of the pros and cons of apple coming up with the software to hack into this phone and you know the issues, sir, that this is a slippery slope. make the case on behalf of the victims. >> i heard the debate earlier and there's a lot of hyperbole and exaggeration going on. it's not a slippery slope. in this case there's no question in my mind the governor is warranted for seeking relief from apple. they need access to the cell phone. the victim deserve the access to the cell phone or have the government obtain that information. there's a lot of information there, and the biggest terrorist act we've had in
decades. i'm hoping it will propel the type of debate that needs to play out in congress. we need legislation to adapt and adopt procedures and protocols to deal with this changing technology. this is a healthy debate to have, but in this case, apple must comply with the court order. maria: no tacopina, what do you say to that. >> joe. >> we said we need access to this cell phone, this cell phone, there's not a person alive with a brain, i don't think, that could argue that victims or law enforcement should have access to that cell phone. that cell phone belonged to a person who is now deceased and no privacy rights. maria: issued by the county. >> there are no standing issues there, they should have, your clients should have access to that cell phone. what i understand, and again, you read quote, from tim cook and read quote from the justice department and seem like we're talking two different planets here, but what i understand is it's not--
according to apple, anyway, this case is much more than a single phone or single investigation, but what's at stake is the date a security for hundreds of thousands of law abiding citizens who would eventually have their ability to have their data protected compromised. what apple is being asked to do is being forced to enable a hacking program that could compromise users' privacy. that's a bigger issue. if there's a way to get into this cell phone without creating this software that's going object tout there and created and can't disappear, that's a different issue. maria: what about that, steven? >> there's no question the software should not be out there. this needs to be prophylactic procedures put in place by apple working with the government to make sure it's not going to happen. i think there's a lot of dooms saying that is not warranted. we've had these types of measures in other contexts to control technology to give the government access to technology when they needed it.
maria: the bottom line, if they create a software to hack into one phone, the software is out there, the bad guys can get access to that. >> that's always going to be a risk. we go back to the 1960's when we started having wire tapping. the illegal wire tapping that took place happened. there are always going to be bad guys out there, but that doesn't mean we paralyze law enforcement. and we need get the information we need. >> forget about the privacy issues and civil liberty issues and all that have stuff, i understand people's concern for terrorism and safety are more important, but i think we're jeopardizing our safety if the software is out there. >> we're not putting anything out there. privacy concerns are important and need to be balanced with our national security and law enforcement interests, that's what's happening in this case. a federal judge is carefully considering this, and no one is go i having-- giving away technology or endangering anybody.
we need to be careful and this needs to leave the legislation. congress needs to take up this issue as well. let's not use this, apple should not use this as a platform for trying to stop a very legitimate law enforcement investigation. >> got it, steven, thank you for joining us and condolences. stuart varney, take it away. stuart: and bernie loses and trump wins, and stocks go up. start with very good news for wall street about a half hour from now, stocks will continue last week's strong performance. oil is up. there are predictions of good economic growth this year, that's all good for stocks and, yes, bernie did lose and trump did win and stocks are up. we will discuss any connection. there's also this, the republican establishment lost. trump is on a roll.