tv Shepard Smith Reporting FOX News May 3, 2016 12:00pm-1:01pm PDT
to decide the republican nominee? we have a ton of answers. yeah, look at that vote. live vote total on twitter. here's what some of our viewers had to say as well. jenna says yes, weeks, if not months. the people vote trump. 84% right now is going to do it. watch tonight. i'm gretchen. here's shep. >> it's 3:00 on the east coast, noon on the west coast, and decision time in indiana. >> if we win in indiana, it's over with, folks. it's over with. and then we focus on hillary clinton. >> we are neck and neck. this race is tied in indiana. >> how are you, sir? >> the cruz ticket pressing the flesh, pushing voters to the polls. >> it is my prayer that hoosiers will come out and vote today in record numbers. >> but hoosiers haven't all been hospitable. >> too slow! >> on the other side, sanders making a stand. >> let us see indiana have the
largest voter turnout in their history. >> while clinton focuses on a future race, apologizing for a past remark. >> what i said was totally out of context from what i meant. >> let's get to it. now, shepard smith reporting, live from the fox news deck. >> what was that senator cruz did today? calling out donald trump as a pathological liar, a serial philanderer, a narcissist, utterly amoral, disgraceful and a bully. your thoughts on accuracy aside, was that not from senator and candidate ted cruz as much as from lawyer ted cruz? after all, he's been a lawyer lots longer than he's been a member of the united states senate, and oh so much longer than he's been running to be a presidential nominee. maybe today that was ted cruz the lawyer, offering closing statements after months of trial before the people. maybe, because closing statements come right before the
trial goes to the jury. right before the people decide, and make no mistake, if the people of indiana don't make a last-minute turn in ted cruz' favor, and a dramatic one at that, historical even, ted cruz is about to be sentenced to political purgatory. oh, he'll tell you we're taking this to the end. soldier on. but behind the scenes, that is not what his people are saying at all. politico reports the big donors are telling the cruz campaign get it done today, or the big money stops. an aide to the cruz campaign says it is already bracing for staff cuts, immediate staffing cuts. and if the people of indiana rule, as many predict, ted cruz will deliver a "very somber address" tonight in indianapolis. in this cruz the lawyer world, that would be the statement that always comes outside the courthouse delivered by the lawyer who lost after the people have spoken. they're prepared for that. but this morning, maybe that list of trump truisms was
counselor cruz' closing statement. >> this man is a pathological liar. he doesn't know the difference between truth and lies. he lies practically every word that comes out of his mouth. and in a pattern that i think is straight out of a psychology textbook. his response is to accuse everybody else of lying. he accuses everybody on that debate stage of lying. and it's simply a mindless yell, and indiana does not act. this country could well plunge into the abyss. i don't believe that's who we are. we are not a proud, boastful, self-centered, mean-spirited, hateful, bullying nation. you want to understand donald
trump. look no further than the interview he did a few months ago in iowa, where he was asked a very simple question. when's the last time you asked god for forgiveness? and donald trump said, he had never asked god for forgiveness for anything. i want you to think about that. what does that say about a person -- i've asked god for forgiveness three times today. think about your children. do you want your children coming home and saying, mommy, i don't need to ask god for forgiveness for anything. why? because donald trump doesn't. and if he doesn't and everyone likes him, all the media praises him, i don't need to either. >> closing statement from cruz the lawyer against his opponent donald trump. a reporter later asked ted cruz if he would support trump, if the billionaire does become the nominee. he did not respond. ted cruz doesn't answer that question. as for accusations of lying,
just yesterday, one of trump's smiling, sign-holding supporters called cruz lying ted right to his face, after the senator confronted him on the campaign trail. donald trump on "fox & friends" this morning said the exchange was proof voters don't trust ted cruz. >> well, they know he's lying. they've been watching him lie. that's what he does. lying ted. middle income people haven't had a pay raise in 18 years, effectively. 18 years. and they're very upset and they're very angry and they have a lot of spirit. what's going on now is an amazing thing. >> well, reports of concern from the cruz camp might be for good reason. most polls show donald trump winning today's contest. polls before today. but can those polls really be trusted? indiana typically doesn't get much attention during the campaign season and there have been very few surveys out of the state of indiana. most have shown donald trump
with a comfortable lead. but one showed ted cruz beating him by double digits. still, you sometimes get a sense from lawyers about how things are goirng don't you? about how things feel to them. when a lawyer seems frustrated, even angry, shooting wild at the opposition in closing statements, often that's a sign the lawyer things things haven't gone his way. and sometimes the same is true for a politician. as the people decide, we have team fox coverage. carl cameron has more from trump tower. first, john roberts in indianapolis with more on the cruz campaign. hello, john. >> hey, shep, good afternoon to you. as we've seen, ted cruz has been doing everything he possibly can here to try to move the needle. there was first of all the alliance with john kasich that you've been referring to. then there was announcing carly fiorina as his running mate three months before convention. there was also the endorsement of governor mike pence that was announced last friday, and as you mentioned just a moment ago, yesterday, rather than just smiling and waving at a trump supporter who was yelling at
him, yesterday, ted cruz went up and confronted the man and his fellow supporters, though i think the jury is still out over who came out on top on that one. and at every opportunity, ted cruz continues to push the narrative however inaccurate it might be that trump cannot clinch the nomination before the july convention. i asked cruz about that yesterday. >> regardless of what happens in this state, nobody is getting to 1,237. i'm not going to, but donald trump isn't either. >> that's not true, because he could if he wins this state. >> i don't believe he will. and as i mentioned in california when you and i visited, the entire race will ultimately come down to california. and i believe where we are headed s a contested convention in cleveland. >> and cruz is still pushing in that direction. tomorrow, he plans on being in washington state for fundraising and likely will have campaign events in washington the following day. >> what are you hearing from people inside the cruz campaign itself? >> reporter: they expect that they are going to lose tonight.
in fact, one campaign source told me that donald trump may walk out of indiana with as many as three quarters of the 57 delegates who are up for grabs. that said, though, they do believe that ted cruz still has a path ahead. there's a contest. co-ing up next week in nebraska. there is also montana after that. south dakota. they expect that ted cruz is going to win all of those. and they also expect that cruz could potentially come out of california with a number of delegates. his only place, shep, is for a contested convention beginning on july 18th. the question going forward, though, is that the best thing for the party? and when i asked cruz supporter governor mike pence of indiana that question yesterday, he seemed to hesitate a little bit before answering. >> well, i think that really is for the people of all of these primaries to decide, but remember, john, we have built the greatest nation on earth, and the majority of our nominees for president of the united states have come out of contested conventions.
over the 240-some-odd years of this country's history. >> and of course, one of the most famous that people point to is president abraham lincoln. but while cruz does plan on going forward, shep, all the way to the convention, if he loses tonight and loses as big as his campaign expects he might, he is going to come under increasing pressure to just let donald trump take it all and avoid the potential upheaval of a contested convention. we'll see if he heeds that advice or not, but i would suppose he probably doesn't. >> we'll see where the money is. john roberts in indy. thank you. team fox coverage continues now. carl cameron following trump, who plans to watch the results come in at trump tower in new york city tonight. as far as trump is concerned, indiana is over, right? >> reporter: yeah, he makes the argument that he's got, according to theess, somewhere delegates in the bank, and of course, you need 1,237, so he needs roughly 240 of the remaining delegates. tonight, there's 57 delegates up for grabs in indiana. 30 of them are won by the statewide winner, and the other
27 are divvied up three apiece into the nine congressional districts. and the trump campaign, if he's able to win tonight, and do so in the high single digits or even low teens, then he has the potential of winning the vast majority, if not even sweeping indiana. and they recognize that this would be essentially a dagger in ted cruz's heart, a dagger in the heart of the never trump movement across the country, amongst the republican establishment. john kasich didn't compete in indiana, but he's going to have an advantage presumably in both new mexico and oregon where cruz will stand aside in order to give kasich an opportunity to maximize his chances of blocking trump from some of these delegates. but as we look forward now, what's indiana's in the bank, there will be nine states left. among those nine states, there's about 450 delegates left. if trump only needs about 240, he's got lots of wiggle room. he's got lots of room to move. and now it's really just a question of him locking it down, claiming victory, and starting to focus on the fall race
against democrats. >> regarding that fall race, is trump's camp anywhere near ready for such a possibility? >> no. they're thinking about it. they've been talking about it. but they've really been engaged in a lot of evolution just to go after the delegate chase, particularly when it became clear that ted cruz was able to go pick up delegates in states that trump had won. so there's a number of things that they've got to do. they've got to really focus on a big data campaign. hillary clinton has a big aggressive data team to find voters around the country who are persuadable. they need to have organization in all 50 states. they need to have organizations regionally. they have to have a much bigger press operation. they recognize that they're going to need huge amounts of money, and essentially, a trump finance person in several regions of the country to compete against this. it's stark. the democrats have strong support on the east and west
coasts, particularly the northeast in florida and the industrial midwest. the rest of the country is virtually red and suggests that democrats have an advantage against trump or cruz or anybody in the republican party, so the trump campaign now, having been so focused on getting enough delegates to clinch the nomination, they've really got to start catching up. because the clinton campaign is expected to attack trump early, and they don't intend to ever let up until after the election. >> carl cameron in manhattan, thank you. the other guy, the ohio governor, john kasich, still is not dropping out despite trailing and badly in the delegate count. and having won just one state, his own. kasich's campaign spokesman tells fox news this election season has been simply unconventional. he also says voters have deep reservations about donald trump, and that's why kasich isn't going anywhere. >> there is a bit of a hung jury out there amongst the republican electorate that's been participating in this process, and we'll just see how the process plays out. >> but today, an interesting indicator of how things are
going over at kasich hq. and the details of that at 6:00. how's it going? >> good. kasich is having a sale. the campaign e-mailed this out this afternoon. >> blue light special. >> yes. they're promoting 15% off from their online store. and they've got some great stuff. you can get a poster. i will not take the low road to the highest office in the land. stuff for your dog. obviously, this raises some questions, like is he dropping out? but they were quick to squash that rumor. they tweeted out, thanks to all reporters driving traffic to our online store. our sale is thanks to lots of new available items. >> all right. well, they always say that right before they unsay it. thank you, lillian. donald trump's dominated the internet for much of this election season, but people in indiana have been googling one of his rivals. that's next. also, the democratic race, and hillary clinton walking back some comments after a confrontation with a voter. lots of politics coming up from the fox news deck on this primary tuesday afternoon.
each day is a game of chance. feels like i wanted to put the odds in my favor. so my doctor told me about botox®, an fda-approved treatment that significantly reduces headache days for adults with chronic migraine, 15 or more headache days a month, each lasting 4 hours or more. it's shown to prevent headaches and migraines before they start. and it's injected by my doctor once every 12 weeks. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue and headache. don't take botox® if there's a skin infection. tell your doctor your medical history,
muscle or nerve conditions, and medications including botulinum toxins, as these may increase the risk of serious side effects. put the odds on your side. visit botoxchronicmigraine.com to learn how to save on your treatment. talk to a headache specialist today about botox®. at ally bank, no branches equals great rates. it's a fact. kind of like social media equals anti-social. hey guys, i want you to meet my fiancée, denise. hey. good to meet you dennis. 16 minutes past the hour. no matter what the polls show, it looks like ted cruz is winning indiana, at least on the internet. google reports searches for ted cruz in indiana over the last 20 hours, slightly outpaced searches for donald trump. we don't know how that's going to play in the voting booth today. we'll know soon enough. but google search totals did line up with the actual results in some places, including new
hampshire, and right now, ted cruz needs any good news he can get, because as we've mentioned here, indiana could be make or break for him. let's bring in shelby holiday, a senior video reporter for "the wall street journal." he did sort of bet the farm on this, didn't he? >> he gambled a lot of chips we have never seen played before. naming a vp without even having the math to become the nominee outright. making a deal with another competitor to not compete in certain states. he bet a lot on indiana. what's interesting is indiana is not really the end of his rope in this race. he still has states like nebraska, south dakota, montana. but because cruz has essentially put so much pressure on indiana, i mean, it's becoming this huge political firestorm. and you mentioned the google results. how could people not be googling this? you talked about it at the top of the show. they're trading insults, calling each other adulterers, philanderers, pathological liars. >> i don't think we've ever hed the word lying used to this degree. i remember when we would write
the word "lie" in copy. there was a time when copy editors would pull it out because it's just not a word you would use. you would say told something that didn't turn out to be true. lie was too harsh. >> much less pathological liar. we hear claims that cruz's father was associated with the killing of jfk. it's hard to even parse out what is a lie and what's not a lie. we're just getting lie fatigue. we are hearing lying, lying ted, pathological liars. it's just maxed out. >> i wondered if part of this wasn't that to the cruz people, it looked like you have to get a bunch of delegates at some point, and it looked kind of like wisconsin and indiana, and ted cruz's team thought that maybe we can do in indiana what we did in wisconsin, forgetting somehow that they didn't have this group of radio network people who had lined up against him, and all of the organization that existed in wisconsin. >> that's true, and he had reason to be confident about his ground game. his ground game has come through for him in some states. he may have been overconfident about his odds in indiana.
maybe he was just trying to drive the news cycle after trump's foreign policy speech, so he scrambled to name a vp. whatever the case, it just seems like, at least optically, that he panicked. and he has really bet big on this state, that maybe didn't need to be bet so big on. >> what did you make of that performance this morning? >> the whole day has been a performance. it's just been an absolute show. and i guess that's the best way to describe it as a reporter, it's just a show. and it's impacting voters. i thought what was really interesting yesterday, when cruz went over to talk to the trump supporters, it really showed you how trump has managed to make some of the stuff stick. they're calling ted lying ted. they're talking about his goldman loans. all of the things you hear at the rallies are resonating with the supporters, and it's becoming talk point across the country. >> he's always been a very good brander. what we're still waiting to hear is specifics on policy and what he's going to do to fix the things that he says are a problem.
those specifics are -- they're still missing. i guess we'll get them at some point, maybe in the general. but we don't have them yet. >> that's giving hillary clinton a lot of ammo to sort of focus on trump right now. and by the way, she's getting way ahead of the game. she's still fighting bernie sanders, but she's laying the groundwork in swing states. she's raising millions of dollars for the party. there have been many reports of how far ahead she is for the general should she face trump or cruz. >> shelby holiday from "the wall street journal." thank you. most analysts say wins tonight could in essence seal the deal. a race pitting donald trump against hillary clinton. so how is that playing out? well, we have new information on what campaign insiders are saying and that's coming next. it's your home. it's everything you've always wanted. and you work hard to keep it that way. sometimes...
...maybe too hard. get claim rateguard® from allstate. it helps keep your homeowners' rate from going up just because of a claim. so protect your home and your rates. talk to a local allstate agent and discover how much more their personal service can do for you. my m...about my toothpasteice. she eveand mouthwash.ice... but she's a dentist so...i kind of have to listen. she said "jen, go pro with crest pro-health advanced." advance to healthier gums... ...and stronger teeth from day one. using crest toothpaste and mouthwash makes my... ...whole mouth feel awesome. and my teeth are stronger too. crest-pro health advanced... ...is superior to colgate total... ...in these 5 areas dentists check. this check up? so good. go pro with crest pro-health advanced.
hillary clinton looking to push bernie sanders even closer to the brink with a win in indiana. she's just a couple hundred delegates away from winning the nomination. 83 more are on the table in indiana. clinton can't clinch tonight, but she can tighten her grip on this race. senator sanders says he'll keep fighting until the convention. he made a final push in indiana today. but he'll be watching the returns from kentucky. there they vote in two weeks. peter doocy is following the sannesan e -- sanders campaign, live in louisville today. what did he say in his final pitch to voters in indiana? >> reporter: he's talking about trade. what's really interesting, is that unlike hillary clinton, who admitted today she's already in general election mode, sanders is still spending a lot of time focusing on the opponent in his
own party. >> secretary clinton has supported every one of these trade agreements. that is the area of strong disagreement that the voters of indiana and america will have to consider. >> reporter: when trump talks about sanders, it says that when trump gets out of the race, a lot of the sanders supporters, like the people in line here, are going to get on the trump train. >> what are they telling you about what they'll do if and when the senator bows out, trump train, is that what you said? >> reporter: we're hearing a little bit of everything. some people in the line said they would back donald trump if sanders got out, just to stop clinton. we found only one person who said they would vote for clinton. a lot of folks said that they would not vote. or that they would write in sanders. but the response they get the most is that they just no way,
no how could ever see themselves backing hillary. >> i'm tired of voting for the lesser of two evils, i guess. i want to vote for who i want to vote for. >> reporter: and we followed a sanders volunteer from kentucky, who was working in an indiana neighborhood. she was totally unfamiliar with. and said that from a grass roots perspective, she does not think tonight is do or die for bernie sanders, because they are already getting organized throughout kentucky and are going to keep campaigning for him to help senator sanders follow through on his promise to deny the pledged -- to deny clinton the pledged delegates that she needs to clinch before the convention. and to give you an idea about how excited they are for sanders, the event is not until 7:30, but the line started forming here at 10:30 this morning. shep? >> peter doocy, thank you. a hug-fest in the back there. meantime, hillary clinton is in ohio. the state she won last month. before that, secretary clinton wrapped up her tour of coal
country with another stop in west virginia. she ended up apologizing for comments she made a couple of months ago claiming she would "put a lot of coal miners and coal companies out of business" if she became president. mike emanuel live, athens, ohio this afternoon. clinton folks took her words out of context, that's what the clinton folks are saying. >> reporter: well, shep, yeah. they're say it was out of context. she has also said it was a misstatement, but hillary clinton is saying she felt it was very important to come here to appalachia to visit with folks hard-hit here in coal country. >> i came here knowing that there was a great deal of incredible sense of disappointment, feeling disregarded and left behind, but i want to be a president for all of america. i'm not writing off any part of america, any people in our country, and that includes here in west virginia in coal country.
s saying that workers in appalachia have no question made the country more prosperous and secure. so she wants to fight for them as well, while she is for a green energy future, she also believes there should be a place for those working in the traditional energy sector. >> how are they playing indiana? what's the expectations game sounding like? >> well, it's fascinating, because she is here in battleground ohio. clearly trying to pivot to the general election. in fact, hillary clinton is giving a speech this hour here in athens, ohio, home of the bobcats, laying out her vision for jobs and the economy. she stopped at a local diner on her way into town, but didn't make any bold predictions about the hoosier state tonight. >> we're having a good time, you know? got a great campaign. we'll see how it goes. i'm excited to be back in ohio, too. >> bottom line, she expects to pick up delegates in indiana, and is feeling like she is rolling toward the democratic
nomination. >> mike, thanks. you'll hear from voters in indiana as they head to the polls. we'll also look at what to expect in a presidential trump, or i should say a potential trump versus clinton general match-up, as campaign coverage continues on this primary tuesday ahead of the bottom of the hour and the top of the news. real is touching a ray. amazing is moving like one. real is making new friends. amazing is getting this close.
just a couple hours 1/2 until the first polls close in indiana where trump and ted cruz are locked in a battle that could be make or break for the texas senator. you know, it depends on when you're there, right? most recent polls have shown donald trump winning tonight, but one had donald trump winning by double digits. mike tobin is live for us in indiana. what are you hearing from the voters? >> reporter: for starters, i think the voters in indiana are excited to be relevant this time
around. the deal he made with governor kasich to divide the states. if those moves were intended to endear him to the voters here, taking it from informal conversations, those moves backfired. >> in my opinion, he was trying to get the election through the back door and not do it legit by getting the votes. >> reporter: outside a trump rally last night, we saw a lot of people, pro-trump people, the blue collar voters on one side of the street. the anti-trump people, very passionate, dancing, singing their songs. but the anti-trump sentiment does not necessarily translate to a pro-cruz sentiment. turnout here in indiana is high. in fact, it might be on pace to set some records. polls close at different times. part of the state is on eastern time. part of the state is in central. where i'm standing right now is central time, so we've got three and a half hours until the polls close. shep? >> it wasn't long ago that the
polls i was reading showed ted cruz was up. >> reporter: in wisconsin, he had talk radio on his side. he also had a sophisticated ground game. when you look at what happened here in indiana, you don't have a state that's been canvassed time and again in wisconsin. you don't have the kind of database, and according to a political science professor, you just don't have the ability to execute the same kind of sophisticated ground game. >> because of the expense and the law, many polling firms don't do any indiana polling. it's harder to get a trajectory, and it's harder to get really good sort of long-term predictions. >> reporter: and still making the comparison with wisconsin, because it's a midwestern state, you had an endorsement from a governor who is very popular, at least among conservatives.
here you had the endorsement from governor pence. it was kind of a tepid endorsement. and it just doesn't seem to have moved the needle. shep? >> mike tobin live for us. thanks. donald trump is already looking beyond the republican race and taking aim at hillary clinton. and we're seeing signs it could be a tougher fight than she faced from bernie sanders. right now, secretary clinton leads trump by six points in a hypothetical match-up, according to the average at realclearpolitics.com. and in case everybody was looking for trump to tone things down in the general election, his campaign manager tells "the washington post," and i quote, mr. trump is going to be mr. trump. so the general election could be pretty interesting. let's bring in zeke miller, political reporter for "time." hi, zeke. >> hey, good afternoon. thanks for having me. >> it only made sense that once you got this group already under the tent that then you would go looking for others by changing the tone. but no? >> you know, this is trump being donald trump, which is what
cor corey lewandowski said. that seemed to have fallen out of favor within the trump organization very, very quickly. we've seen time and again donald trump react to crowds that want to be fired up. the people who come to donald trump rallies, particularly partly for the show, for the entertainment, for that very exciting feeling that he has been able to cultivate at those rallies. and that's not being presidential. that is about being sort of brash and in your face, and we've seen that from him over the last couple of days, even as he's pivoted to the general election, now opening up fire on secretary clinton and doing it not so much from the presidential side of things, but from the type of candidate that we've seen similarly destroy other republicans in this race so far. >> and what's the sense of what line of attack he is using, or will use first against secretary clinton? >> right now, he seems to be going with the crooked hillary line that he's crediting first bernie sanders, which is an
indication also on that side of how the democratic primary, the elongated primary there has come back to hurt and to bite secretary clinton just a little bit. and by picking up that line of attack where bernie sanders has sort of left it off, as he winds down his campaign, his nomination seems to be dwindling and fading. it gives him a little bit more momentum in making that attack than he would otherwise. so it's a really interesting thing to see him deployed. >> he's still talking a lot about the wall, despite the fact that one would think they would try to go after minorities, especially his people of hispanic backgrounds because there are so many of them, and they vote. >> yeah, trump is constrained by the promises he's made over the last year. just like every other candidate. even among he's most diehard supporters, they don't necessarily think he could accomplish everything he's laid out. they look at it like an offer.
some sort of grand bargain he's going to cut in congress. with the american people, or with the world. should he win the white house. he has a bit more flexibility. what is interesting if you compare that to secretary clinton, what she had to do in coal country the other day, and walk back how much she made about that industry. she lives in a far more constrained box about what she can and can't say, what she can and can't promise. donald trump has far more leeway. he can adjust his position a lot more than secretary clinton can, and that will be one of those interesting dynamics we will see playing out time and time again, day after day as we go to november 8th. >> does that make the path easier for him than for her, and if so, how might team hillary combat that? >> you know, he certainly has a very long way to go. he starts this race -- i mean, the two of them are historically unpopular frontrunners, but donald trump is even more unpopular historically, under water now, trailing in the polls, as you showed nationally. and then you start looking at some of the swing states, he's
under water there as well. for a lot of republicans, he does run a little bit better than ted cruz. there's his favorability rating right now is a little bit higher than where cruz would be. and his choice will be, it largely will be determined by what donald trump says and does between now and november. how he carries himself and how he handles himself, that will determine how well he does. secretary clinton's path, her message has been very consistent so far over the last year, and it seems it will be that consistent all the way through. the real wild card in this race is one donald trump. >> zeke miller, political reporter for "time." thank you. cops can't force you to give up your phone password. but if you use your fingerprint to unlock your phone, well, apparently that's a whole different thing. judge napolitano on what you need to know about your thumb on the phone, coming up.
you open it. but if you use your fingerprint, the law is not as clear. prosecutors in los angeles say they wanted data from a woman's phone because her boyfriend was an accused gang member. not anything she did. her boyfriend had been accused of being a gang member, so they wanted in her phone. and the judge ordered her to put her phone on the thumb and unlock the thing. let's bring in judge andrew napolitano. they can't make you put your password in, but they make you put your thumb on the thing? what's the difference? >> that's according to a federal judge in los angeles, who without hearing an objection or any argument whatsoever from this woman, was essentially an innocent bystander in this, ordered the woman to put her thumbprint on her iphone. she hasn't done so yet and i hope she hires a lawyer and makes an argument to the judge that there is no distinction between making someone reveal the pass code and making them reveal their fingerprint on the phone, because they both have the same effect, a profound envision of the privacy of an
innocent bystander. this is the phone of the girlfriend of the guy the fbi is investigating. this is not his phone. they are on a fishing expedition hoping that they will find something on her phone that will incriminate him. so she to privacy, fourth amendment. she has the right to silence, fifth amendment. neither of those rights were asserted in this case, because the fbi approached the judge in secret, and the federal judge in secret, in violation of the due process rights of this woman, ordered her to put her fingerprint on the phone. >> i just think they could make you give up your password with a court order. i didn't realize that that was a thing. >> they can if there's been due process, meaning if you had an opportunity to challenge the court order and the court heard both sides and the court made a judgment call. but when the court hears just one side, and they're after a non-party to the case, the girlfriend, the court's ruling is profoundly unconstitutional, because the court has violated the girlfriend's due process
rights by not giving her any notice or opportunity to be heard. >> what was the judge's reason given? >> that the fbi persuaded the judge in secret that they have a good idea of what's inside that phone, and they need to get it. >> couldn't they do that with a filing cabinet? >> yes. >> or a lock box at the bank? >> here's the thing. the fbi has gone directly to the phone. before they can invade that phone, which does not belong to the defendant, they have to show that they have tried to get this information from every other reasonable source, and we don't know if they've done that, because the affidavit was filed in secret. and because this affidavit is against the girlfriend, she's entitled to see the affidavit and have a lawyer challenge it. because we don't know what's in there. >> what if she says in there, oh, i committed crimes a, b, and c. can they then hold that against her once they're in her phone? >> yes, they can. so she has a right to prevent them from seeing that without them having some suspicion about her. if they have suspicion about her, if they believe she's engaged in a crime, they have to
present that to a judge. but because this was done in secret, we don't know what's in there. look, this is a brave new world, orwellian world that we are entering. if we reach the day when the government can in secret persuade a judge that an innocent bystander loses the right to privacy, whether it's giving a four-digit passcode, or whether it's pressing a finger on the phone. >> as always, the laws are behind the technology. >> i know. and eventually, as always, the supreme court will resolve this. >> unless it's 4-4, which is where we'll be apparently forever. >> apparently. >> thank you, judge. >> you're welcome. an american navy seal, sadly, has died in an isis attack just miles from the front loins in iraq. -- lines in iraq. ahead, why the u.s. ip cynsistsy are not in a combat role, despite the fact that one of ours who is our soldier just died. stay with us.
and you're talking to your doctor about your medication... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. doctors have been prescribing humira for over 13 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work.
a u.s. navy s.e.a.l. has died from the islamic state in iraq. the pentagon reports this happened when isis attacked kurdish troops near northern mosul in northern iraq. the american who died was a mile or two behind the front line. military officials claim u.s. troops in iraq are serving as advisers helping iraqi forces fighting isis terrorists. this is the third u.s. member to die in direct combat against isis since october. leah gabriel is here, what more do we know about the attack? >> according to a white house spokesman, u.s. forces responded with air power and right now iraqi forces are engaging the
remnants, what is left of the isis forces who made the attack. the u.s. service member was killed after isis fighters penetrated an iraqi checkpoint. listen. >> those terrorists after breaking through the line went on to attack another line. >> he made a point of stressing the s.e.a.l. killed on the front line was a few miles away. it's important to point out this was a combat death. >> i'm sure he did point that out. are we seeing more u.s. troops in a combat position against isis? >> well, the white house says the president's position on the mission in iraq and syria has not changed. and that it's still to support local forces on the ground. and the white house says that is what this service member was doing. take a listen. >> this is an individual who was not in a combat mission but he was in a dangerous place.
and his position came under attack. he was armed, trained and prepared to defend himself. unfortunately, he was killed and he was killed in combat. but that was not part of his mission. his mission was specifically to offer advice and assistance to those iraqi forces fighting for their own country. >> as of right now, there are more than 4,000 u.s. troops in iraq. and shep, the white house says the u.s. will not be successful if it tries to be a substitute for iraqi forces on the ground. they need to fight in their own country. >> leah gabriel, thank you. we'll be back with a big moment for an area that was once a swamp but became one of the most powerful places on the whole planet. and it happened on this day in history. how are you supposed to choose one? simple. you don't. at red lobster's create your own seafood trios, you get to pick 3 of 9 all-new creations for just $15.99.
cash. that's the message city officials are sending parents in wisconsin in shawano, wisconsin. is that how you pronounce it? the parents have 90 days to stop their kid's bullying behavior. if that child continues to be a bully, they can fine the parents more than $350. a second offense will cost parents close to $700. can we do this with adults? the new law includes both physical and cyber bullying to take place anywhere within the city limits. on this day in 1802 the u.s. government incorporated washington, d.c. as a city. it had already replaced philadelphia as the nation's capital. george washington laid the city out as a diamond shape along the potomac river taking land from both maryland and virginia. virginia later took back its
land after a fight over slavery. during the war of 1812 british troops captured washington, d.c. and set fire to many of the buildings there. historians say a severe storm helped put out the flames. over the years there have been movements to make d.c. the 51st state and name it new columbia after a big step for our nation's capital 214 years ago today. still 214 years and no representation in congress. quite a thing. when news breaks out we'll break in because breaking news changes everything on fox news channel, but the big news today is, of course, the indiana primaries. brett behar and megyn kelly will have more at 5:00 p.m. eastern on fox news channel. now we look to the end of the market day and today we are down. the reason i'm told is because
china's sort of -- they are not making as many things. that has everybody upset because now china sneezes and we catch the flu. "your world with neil cavuto" i coming up. if something weird happens, i'll see you soon. the network executives have made a decision to get behind donald trump. rupert murdoch and roger ales at fox news have turned fox news into the donald trump camp now 24/7. >> what happened? hey, everyone, i'm neil cavuto. just thinking of what the senator was saying, there's something going on between donald trump and my network, all things fox say donald trump. now, if we are in the camp for donald trump, the fact he refuses to come on any of my shows is a weird way of showing it but i'll let that go. theth