what does the fbi do next? joining us in a fox business exclusive is cia director ambassador james lee. what can we anticipate is the next step in this fight? >> as long as it is a fight it won't work. you have two important values being defended, one by the fbi and one by avalancpple and what essential eat privacy we have to step back and see if congress can come of with a new statutory system. i would use the surveillance act to make decisions on matters of this kind and give them exclusive jurisdiction over decisions like this and when there is a decision which would require a new set of technology to be put together by apple and any other company. let that be entirety within the hands of apple and the only thing that is transmitted to the outside world or anybody is the conclusion, there is no leak of texture -- technology to the wider world. i think that is a chance. liz: is still a battle right now and the wagons are circling. we just got this breaking news. in the wake of microsoft filing a brief support

listen to what james comey, fbi director, just testified to this morning? >> this is the hardest question i've seen in government and it will require negotiation and conversation but i've been very keen to keep the bureau out of the policy making business. reporter: what he is saying here yes he, there needs to be a legislative fix, gerri. james comey says we're not trying to send a broader message. not trying to set a precedent with the san bernanadino terrorist iphone case, county health department owns and given apple's permission to access. he is saying essentially the judge, court order from the judge directed apple to write code, software only for that one phone. and he is saying, james comey is saying that code he thinks, that idea it would get out into the wild, according to his own experts, they're saying that is not the case. that that is wrong. that essentially apple would retain, you know, custody of the code. gerri: right. >> withering comment from james comey, he said that apple has done a pretty darn good job of protecting software code to da

deirdre: fbi says that is not true. we're just asking for this one. >> ronald reagan once said, nine most dangerous words in the english language, i'm from the government. i'm here to help you. who could trust the government saying we're only going to use this for this one purpose? deirdre: judge, stay with me, please. tons more to talk about. i'm back in a few minutes with judge andrew napolitano. >>> in meantime we'll talk more about apple because ceo tim cook went on abc news and spoke about how unlocking an iphone would be bad for america. you just heard that point of view from the judge. colonel ralph peters, totally opposite view. this is what he told me last night. >> i like to ask, apple's ceo, tim cook, one question. i mean, mr. cook, how many dead americans does your next $50 billion worth? deirdre: we'll be bringing you more from apple's attorney. also, supreme court putting a halt to the president's epa rules and amnesty executive orders. president obama planning to close guantanamo bay, by executive order.

an indication he will not support the fbi recommendation to prosecute hillary clinton? quest your vote on twitter lou dobbs. follow me on twitter like man's face that follow me an instagram at lou dobbs links to everything found at lou dobbs.com. breaking news tonight the office of personnel management head of cybersecurity is quitting. donna seymour retired two days before she was supposed to give testimony before a house oversight committee on the conduct on her watch. it was on her watch remember that hackers in 2014 stole the personnel files of almost 30 million federal employees. seymour was due to appear and as a result of her timely resignation been canceled. there's a pattern here, isn't there? new zealand has these are just taking her act to new heights which we will share with you. there she is performing on a trapeze as you see there attached to a hot air balloon above it at an altitude of more than 10000 feet. one minute into the routine she dislocated a rib but despite that she persevered and completed her routine. in doing so she set a new world record for

no other way to say it, between apple and the fbi. what is the latest? >> good to be with you, deirdre. the latest is apple continues to push back saying that what the government is asking for would expand the powers of government. they're, they want congress to act. they want a legislative solution. what we're finding out now is essentially what, you know, steve larsen is saying, that the victims families are saying, why were our family members targeted? that remains a mystery. let's go through what is happening, essentially right now at this hour, tim cook seems to be softening his tone. he is saying he would gladly participate in a commission to possibly, with the u.s. congress to come up with a solution to this. deirdre: this is -- i have heard, in essence you can move to pass a new law that would essentially give apple a way out, also help the government, the fbi in this case actually do its job and help keep us all safe? >> yes, narrowly written to address national security issues. deirdre: that makes all the sense in the world. lights going on and

>> if they hand the can opener to the fbi, yes. if they don't, presumably they can destroy the software the second they use it once but precedent would have been set. >> congressman, how are we supposed to trust that apple opening this up giving the government this overwatch, this ability to snoop on people's conversations, how are we supposed to believe that it's not a slippery slope that the government won't just be looking at other information and tapping into people's phones and creating this environment where you don't know who's watching you? >> again, i'm not someone who trusts our federal government. i understand that completely. it sounds likes max and i are a little bit in the same realm here in that we're both torn by this. i would point out this isn't entirely new for apple. 70 or 80 times over the last few years they've done the same thing by helping to break into protected phones and providing that information under different court orders and i think that's an important distinction here. these aren't people willy-nill

this goes a lot father than one phone like the fbi said already. the department of justice said they wanted to descript more phones. new york attorney general wants the same. people all across the country, police departments are lined up to get into these phones. what they don't understand this will dramatically weaken our security. reporter: but as you stand in solidarity with apple though very quickly, what do you say to the families of the san bernardino victims, the 14 people who died and 22 who are injured who really do want justice in this case? >> san bernardino people are not alone in mourning this terrible tragedy and senseless loss and the fbi should be investigating this aggressively however we expect the fbi to exercise restraint and be reasonable. right now we have ceo's from many of the most prominent tech companies wanting to express concern over this and so, we need to be able to protect both our security and our privacy. reporter: you are prepared for a long fight? because it does seem like this will go on for a while? >> that is a

without the fbi or other agencies. having a right to monitor what they are doing. >> apple creates this key. who is the state of those same terrorists. >> all of our information. >> we can find out. we think that we have reason to believe that the information can stop future terrorist attacks. again, the fbi's request here is very limited. all i am asking for is apple to allow the f the i to go ahead. right now, there is software where the fbi tries to break in. it will destroy all the data that is in there. >> no, no. i do not know if it is so limited. that means it can be done at any phone. it is a tough decision. coming down on the side. we lost a lot of friends. we knew that the answer to stop that was in somebody's phone and we did not do it. they are exaggerating. going against everyone's health records. i am not sure. you could shut everything down. another apt with encryption. thank you for all of those. iran out of time, congressman. thank you for joining us. coming up. it has been a while day for oil and the

>> obviously the quiet cooperation, we had consent, i'm speaking on behalf of the fbi, the fbi had consent because it was government-owned iphone issued to the terrorist. you already have consent to search from the true owner of it. you're going to apple to ask for assistance in breaking the code to enter that. i mean, here at the end of the day, we forget, we're one nation, one fight. all of us are in this together. everybody has this skewed opinion that fbi is 800-pound gorilla trying to enforce this on apple. you know what? i can speak for agents on the ground because i've been in this situation. they're guys likes you and me, women and men, want nothing more than to support and defend the constitution of the united states and protect its citizens. that is what we lose sight of. we're making divisive issue when all they're trying to do is prevent attack coming. if there is actionable intelligence on the phone to prevent a next attack. melissa: chad, i agree with you and i think we do support and trust the fbi. i think what goes beyond that is what scares a lot of people when you've seen

why doesn't the fbi hire apple to do what the fbi needs. get out information from one phone and safeguard and protect americans? chairman, two weeks from now, month now, whatever, there is a terrorist attack kill as number of americans it is determined later perpetrates the attack had relationship with san bernardino terrorists who is responsible? who is guilty? apple or law enforcement? i would say apple is. cheryl: technology attorney i spoke with off the record said look, what is to stop the chinese government, the russian government, from going after apple if they see the u.s., you know go in, infiltrate, pell their system, there are a lot of sides of this. apple engineers are developing new stronger encryption method for icloud back ups and iphone security. they want to counter the fbi unlock request. department of homeland security jeh johnson was warning against this listen. >> i think we need to be in a different place from where we are now. i think in response to the demands of the marketplace, a lot of tech companies have driven d

fbi's james comey, will open the hearing in a separate panel. bruce sewell will testify, manhattan d.a., cyrus vans is scheduled to testify this coming dues as well, david the. david: we'll have cy vance on in just a moment. melissa. melissa: the other side of the battle continued on capitol hill. fbi director james comey appearing before the house intel committee. the focus largely on unlocking the iphone belonging to one of the san bernardino shooters. peter barnes in washington, d.c. with the latest. peter? reporter: melissa that's right. the fbi director did not address the apple motion in his testimony. not even sure he knew about it as the company was announcing it while he was sitting in the witness chair. he did make the case for the government court filing to force apple to help it. >> i don't know whether there is evidence of the identity of another terrorist on the phone or nothing at all, but we ought to be fired in the fbi if we didn't pursue that lead. it is just, we could not look the victims in the face, you know what? we decided

what the fbi might be asking for might be legal, but it may not be wise. let's get the political branches involved here to set out a way ahead. >> i would like to see a lot more discussion. because if you move to congress, we can all get a law that you're not happy with. and particularly apple, they may win this court case and that will bring about major legislation that they won't be happy with. so i see getting the best minds in silicon valley and washington together, let's work out something before we get to that stage. ultimately, maybe we do it under the threat of legislation. but it's too important an issue for all of us. we got to keep talking and not necessarily in a courtroom. >> so you're saying be careful of what you wish for apple. >> absolutely. >> congress getting involved may very well mean legislations coming to track all of our data. >> absolutely. that's why you see apple lobbying quite a bit these days in washington. which is something they haven't done for quite a while. >> and also be careful what you wish for, fbi. you may actually dr

the fbi and the justice department. the justice department is opposing us every step of the way and defending mrs. clinton's conduct here. you know, it shows that the rule of law in this town is not present in large respect, but thankfully present when the independent groups like judicial watch are going to the federal courts because those enforcing the rule aren't doing, it and the official government offices. >> tom, again, congratulations, our thanks, appreciate it as always. >> thank you. lou: tom fitton, judicial watch. >> thank you. lou: thank you, tom. be sure to vote in our poll tonight -- we'd like to hear what you think, what you feel, cast your vote on twitter at lou dobbs news, and a reminder to follow me on twitter, "like" me on facebook, follow me on instagram at lou dobbs tonight. >>> breaking news now, the centers for disease control investigating 14 new reports of sexually transmitted zika cases in the country. several involve pregnant women. officials say in each suspected case, women were infected by

. >> bee we are going to respect the fbi's investigation. the fbi director james comey is in the middle of the investigation. they have the tools to do it. they will be respectinn. lou: already, in the ten months since the clinton scandal emerged more than 1600 classified e-mails have been found on her private e-mail server, including the 22 top secret e-mails withheld by the state department last week because of unique sensitivity and potential damage to national security if revealed. it is clear tonight that many in congress share chairman chaffetz's impatience with the investigation and mounting to house conservatives may be nearing a point of near rebellion. we'll find out. in washington it appears the establishment is becoming ever more irksome. >>> our quotation of the evening. this one from robert hineland. he said -- and for everything we do not do, mr. speaker. we're coming right back. >>> does the fired former pharma ceo martin shkreli work at being loathsome. he smirks his way through a house hearing invoking the fifth amendment.

>> i'm unquestionably on the side of the fbi. apple and tim cook are behaving villainously, stuart, over the last several days i've heard the political and technical and legal arguments. that object-- it should be doing everything in its power to help prevent further attacks. instead, in support of his business model, tim cook has taken the position that terrorist groups, mafia, cartels, have the right to secure communications and saying we're protecting the security of the american people and their information. meanwhile, he's allied with tech firms like google and facebook, that are the real compilers of data on all of us. government. i was in intelligence. the u.s. government does not collect information on law abiding citizens, but, boy, i tell you google does and facebook does. this is so honest and profoundly wrong that words fail me. stuart: if this he get into the shooter's iphone at some point and they find, for example, another plot going forward, apple looks terrible because they would have put their own commercial int

the fbi versus apple fight is going to come up. what you're looking at now is director of national intelligence, james clapper, he's making his opening statement. any fireworks, any news on the apple-fbi fight, you will hear about it rapido. let's get the latest of the hillary clinton e-mail scandal. u.s. spy agencies told that hillary's home server contained some e-mails that should have been treated as top secret. judge napolitano on this program said that's a endietable offense. i want to get to hillary clinton as a candidate. george is with us. she hasn't fired up the electorate. mo more-- bernie sanders to so many degree, but hillary has not. where is the fire? >> she's been around a long time, i hope she doesn't found that insulting, but she has. it's like a warmed over pizza in the morning because you don't have anything else to eat. stuart: that's terrible. >> it is, it's true. so, you know, you have it, you take it, but it's kind of, that's what she is, she's been around for so long and who cares, and we know everything, w

. >> bee we are going to respect the fbi's investigation. the fbi director james comey is in the middle of the investigation. they have the tools to do it. they will be respecting that investigation. lou: already, in the ten months since the clinton scandal emerged more than 1600 classified e-mails have been found on her private e-mail server, including the 22 top secret e-mails withheld by the state department last week because of unique sensitivity and potential damage to national security if revealed. it is clear tonight that many in congress share chairman chaffetz's impatience with the investigation and mounting to house conservatives may be nearing a point of near rebellion. we'll find out. in washington it appears the establishment is becoming ever more irksome. >>> our quotation of the evening. this one from robert hineland. he said -- and for everything we do not do, mr. speaker. we're coming right back. >>> does the fired former pharma ceo martin shkreli work at being loathsome. he smirks his way through a house hearing invoking th

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. w

expert raj goel thinks the fbi is overreaching and raj, you are on the side of apple. make that case to emotional america who watched 14 people get murdered by syed farook? >> it's never happy discussing privacy and security when lives are at stake or people die. on the other hand, the argument the government is making, the fbi is making, give us access to one little phone. they're asking apple to invest a lot of money in engineering resources, which i'm fine with. once apple breaks security on the one device, that gives the government, not just our government, the russians, the chinese, the brazilians the right to demand apple break back doors around the world do. we lose apple as a company or destroy security worldwide. liz: you're saying if they give an inch, the government takes a mile. joe, you're on the side of law enforcement. you see his point but you side with law enforcement and say they better give up that encryption issue and that back door to law enforcement so they can figure out who this guy was calling, this terrorist, and nail other people who might ha

apple let fbi access to shoot ear es icloud in prior cases. q&a came out, saying if we do write this software, basically there is relentless hacking and sigher attacks going on. there is a dininger that that software could be -- a danger that software could be hacked and released out into the will derers in. apple keeps access to the software that apple could get hillsborough countied. back to you, liz. melissa: they're denying backdoor doesn't already exist. a lot of cybersecurity experts don't buy that. they say it doesn't exist. >> they say they want access to one phone, that's it, the terrorist's. david: to your point the government claims they're not asking for apple to create a backdoor into their decryption process but experts like mcafee don't buy it. >> it's a backdoor, whatever they want to call it. they can access any encrypted messages. david: that is scary. bill daly, we have head of security. is mcafee right? >> i think mcafee is absolutely right. the arguments come out in the last couple days from the government, they should be

the fbi. in this case it is taking it one step too far. stuart: think in the court of public apple and google are losing. in the court of public opinion i think what i've read and seen, comes down on side of safety and security as opposed to privacy. >> this is phone who belonged to someone who opened fire and killed 14 people in san bernardino. stuart: obey the law. it is court order. almost dropped, open up the phone. don't forget about oil, very important to the whole marketplace. it is up again this morning up a buck. come on in. oil driller chris faulkner. all right, chris, you think you're out of the woods with oil bouncing above $30 a barrel? >> no, i don't think we're out of the woods yet, stuart. getting oil prices moving up, maybes you happen, makes the country happy, more if you look at this like building a floor than putting supply off-line. they're not agreeing to cut supply. they're agreeing to freeze additional production. carefully, talking about january numbers. russia at post

yes, fbi, yes, apple, you can break into it. letting them access the site cloud account. >> the whole privacy argument will not hold up. here you go, fbi. here is the i cloud. >> it was letting the government have access to iphones. apple does not want to create this new software that would provide this back door for fear that it could get into the wrong hands. what they are telling us is that they cannot secure anything. i guess you kind of have to assume that. you were making the point that this is like whispering. whispering to my wife. no, it is not really. you should kind of assume that your phone, your data can be hacked at any time. you are kind of thinking of this in terms of privacy. in a way that just does not exist in our society unless you are at home whispering to your wife. >> the national security issue really concerns me, trish, as i said. the u.s. is number one. number two is china. they have a concern that china government may come to them and say, look, we have so and so. it tries to get the nation. we can get

lauren: the battle between apple and fbi numbers to capitol hill. the censorship of congress to get involved. welcome to "fbn:am," her first look at the morning markets, latest breaking news on what to expect that they had. nicole: a lot of news. donald trump when in the nevada caucuses by a large margin. tickets 46%. mark or rubio texas senator ted cruz are battling for second place right now. rubio has 24%. crews received 21%. meanwhile, john kasich gets 4%. retired neurosurgeon ben carson 5%. donald trump celebrated his third consecutive day to with a prediction he will soon secure gop presidential nomination. >> we want the evangelicals. when one with the. we want with old. we won with highly educated, we went with poorly educated. i love the poorly educated. it's hard for me to turn down money. that's what i've done my whole life. i get greedy. i want money. i'll tell you what we will do. we get greedy. now we would get greedy for the united states. we are going to grab the crowd. it's always nice to be beat in the governor. mexico is going to

. >> apple has cooperated with the fbi fully in this case. they came to us and asked us for all the information we have on this phone and we gave everything we had. but this case is not about one phone. this case is about the future. lauren: neil could they go asking ted olson is apple should be ashamed for itself with a similar attack with the happening again. >> it's awful when someone will say someone should be ashamed for getting up for the rights embedded in the current situation. the terrorists want us to lose those rights. nicole: apple expected to file a legal response incorporate tomorrow. cia director will share his thoughts on this issue with their liz claman today are carried down to the closing ballot 3:00 p.m. eastern. nicole: the house intelligence committee holding a hearing on worldwide threats to the united states. the main topics the encryption battle between the fbi and apple. the list of witnesses include fbi director james comite and is expected to be asked about apple in the government's ability to hack into not just th

should apple cooperate with the fbi? >> i am a libertarian. i think in this case, maybe this is because my office was right across the street from the world trade center. i do not think it is good public relations for apple to be more cooperative did. gerri: they made a real plug here. steve, do you agree? >> it is about brand reputation. apple was cooperating with the fbi. what happened was, somebody changed the password on the iphone. the government into the bidding. that is the principle at issue. all iphones to be able to be broken into. do we want phones to be encrypted? can they be accessed in criminal cases or financial security? >> i think that both sides are right. >> i agree with what you are saying. not just what is doing right for the country, but what is good for the shareholders. being more cooperative. i think a have heard their public image by seeing things that they are siding with terrorists. that is an exaggeration. i think it would be good for the company. both usually happy with the outcome. >> how can we even call that wh

the london "financial times" reported bill gates is back in the fbi request. let's say you cut up a global market action. down near us across the board. the shanghai in chinatown a percent. the hang seng in hong kong and indicated japan down .4%. nicole: exports out of germany weaker than expected. the dax down three quarters of 1%, the cac than one quarter of 1%. lauren: kessler, nicole. even the features or negative at that feature some 49 points, but and s&p are positive for the month of february. nicole: yesterday with sacred cave and not write them higher. 32.66 a barrel in a box right now. the only one stronger as the japanese yen. pressure in the u.k. pound that great britain might leave the european union. lauren: the yield on the 10 year treasury 1.75%. two american industrial giants export the merger of the deal talks have stalled over antitrust concerns. confirming reports yesterday they have held talks. united technologies had to deal with face insurmountable regulatory obstacles that the companies are each worth more than $70 billion have overlaps

agency developing encryption tools even after fbi battles for encrypted iphone. drive bold shipping on hold. shipping companies try to weather the worst downturn in decades. psychiatric say lacked mental capacity, specially who examined red stone said he lacked mental capacity according to court documents. >> nicole: coming up polarized once again. >> come on, you're going to leave me all alone with josÉ canseco? >> nicole: in sports the daytona 500 came down to the wire. >> i don't know where that came from. i don't know what happened. i can't figure out what i did. it all just came together. >> nicole: well, certainly a photo finish. we have that. who came from behind to win the northern trust open. we have all the highlights for you. let's check out u.s. stock market futures, up 202 points for the dow, s&p 23, nasdaq up 56. you're watching fbn:am, first look at morning markets and breaking news. >> i don't have time, besides, nobody was getting hurt. that guy was up there before we got here. >> lauren: superhero beat out the competition once again at the box

that is what the fbi said they will do. they want to make this very specific, just let us guess their password and get into those files and use that. this is a system that was used very successfully during the iraq war when they got a cell phone from al-qaeda or someone else to look in it and find out what their contacts were. this is going to be very valuable to us. it still comes down to this: there's a huge threat here to lives. this is not just someone robbed a local convenience store and we're trying to find out something. this is an ongoing issue of war on terrorism by terrorists who will continue to find subversive ways and clandestine ways to communicate. and it is important to shut the door on that. i look at it this way, if a land lord owned an apartment building and there was some bad activity taking place in one of the apartments and the fbi says we need to have the pass code just to get into that apartment and the person said, no, because if i give you that pass code, you'll figure out how to get into everybody

take you quickly back fbi director comey testified before congress. they have gone out, him and president obama met with technology companies, let's work together to figure out a solution before we get into some locking horns over legal issues surrounding whether or not you're going to help us. cheryl: yeah, but scott, these companies, this is silicon valley company saying to the government we don't trust to you hand over data on our customers, our company, and we don't trust to you keep it safe. i'm sorry, the u.s. government doesn't have a great security record, cybersecurity record anyway. >> the u.s. government doesn't have a good track record here. i say tim cook, good for you. this is a binary proposition, right? either you have encryption on the iphone or you don't. if you create a back door, you create a weakness that weakness is not just good for the good guys, it is also good for the bad guys. you can't have it both way. i say to the government, use other data that you have. figure ways around it but, look, most of us have very personal data

apple and fbi duking it out. republican candidates for president last night sounded off. >> apple doesn't want to do it because they think it hurts their brand. well, their brand is not superior to the united states of america. >> theater is not a factor in every cell phone. that would be problematic. >> if they don't comply with that, you're encouraging chaos. he locked the door and say you are not coming out until you reach an agreement. >> all this after a motion to challenge the morning commending apple hack in use by the san bernardino shooter. the first and fifth amendment that protect the company from creating the software that will put hundreds event to people at risk. apple doing the court's interpretation is too broad. it says in the motion in the government as this justice phone, but the government knows those are not true. the government has filed another application for similar orders, some of which are penned in another course. the justice department took the time to hit back singing it to pressure

. >> nicole: house committee will hear from fbi director, apple general council bruise and manhattan district attorney t hearing comes as apple refuses to have law enforcement break into iphone used by san bernardino terrorists. sources say that fbi director is expected to criticize cook that obeying the order will send a precedent and possibly compromise security of customers. apple is expected to call for new laws for the new millennium. >> lauren: stocks taking a beaten. almost down 3%. hang seng 1.3%. kospi down fractionally. >> nicole: we've been hit hard in europe as well. all down arrows. cac quarante half a percent. so is the ftse led by financials and materials to the downside. >> lauren: u.s. stock market futures not bad. nasdaq down 20. great month for the dow and for the s&p, for the nasdaq third down month in a row. >> nicole: let's check out commodities. looking at oil in particular. gold is higher by 14 bucks at 12.34 troy ounce. >> lauren: you see strength from peso, yen against the u.s. dollar. >> nicole: 1.74%. >> lauren: more good news, optimism about the economy,

you need to help the fbi. it's your duty to help the fbi, and it's the law. so what does law enforcement believe it can get, liz, from this actual iphone? >> it believes it can get any communications that syed farook had with potentially other terrorists. the fear on the part of law enforcement, trish, is they did discover a hoard of bombs and weapons material at his -- in his garage. they basically are saying that in mid-october, they found his icloud account went dark and no longer access the icloud account for a month and a half prior to the shootings, that killed 14 and injured 22. law enforcement is saying, apple prior to 2014 had been letting the government access phones in order to track suspects and basically arrest individuals they suspected of crimes. and essentially they are saying that apple helped us before, what is different now? i'm looking at my notes from interviews with law enforcement. they're saying that the iphone is owned by the county health department for san bernardino, and it says to the fbi that, yes, you can access this phone that

it begs the question why couldn't help the fbi get into it. maria: and let us know what you think. let us know what the answer is here. the fate and the opec members in iran tried to persuade the country to join the deal to freeze output. we are back in a moment with that. ♪ ♪ ♪ ♪ for your retirement, you want to celebrate the little things, because they're big to you. and that is why you invest. the best returns aren't just measured in dollars. td ameritrade®. maria: welcome back. kurt at the major story. the outcome of the first oil deal in 15 years could be decided today as opec members traveled to negotiate freezing out the levels. they'll find in chicago signaled that it is planning to take a tough stance on this deal. >> they have to take a tough stance because they realize the deal is unfair for them. if you look at the rest of the numbers, since the iranian sanctions have gone online, and they've increase production by 4 million barrels and every me and say wait a second up increase production levels here, we'll still be behind the curve. that is why iran is a spec

with their request. >> the fbi focuses on case and then case and then case. i've said this to folks, and i've said it because it's true. the san bernardino litigation is not about us trying to send a message or establish some precedent. it really isn't. lou: the fbi director trying to persuade people but also dpowpg to court -- going to court. apple ceo tim cook still refuses to cooperate, and today apple asked that federal court to vacate its order compelling apple to open the iphone. the latest details upcoming here tonight. >>> our top story, donald trump firing back after mitt romney unflatteringly suggested the republican front runner might be hiding something in his tax returns. dismissed as part of the desperate attempt by the republican establishment to take trump down, but to no effect in the polls. fox news' chief political correspondent cal cameron with our report. carl cameron with our report. >> reporter: pressures on texas senator ted cruz in his home state with five days until super tuesday when texas has 155 delegates up for grabs, offering mo

is there a way to calm the standoff between fbi and apple? joining me now, kevin mandia who does all kinds of breach investigation and is a leader in this. first, give me your stance on whether apple should open the phone. >> this is a very complex issue and, by the way, both sides are well intentioned. one side looking to represent the privacy of citizens and individuals in an international community and another side that wants to protect folks. i think we could come to the table and both sides would agree we don't want bad things to happen to good people. and i think what we're going to see merge from this -- and this discussion needed to happen -- it's going to be an ongoing discussion as technology changes everybody's sense of privacy throughout the future. and we'll see something emerge where hopefully both sides can say here's what we can do to prevent harm to innocent people while still protecting the privacy of citizens. liz: if you were advising east side here, what would you -- either side here, what would you say they can do? that'

so what can the fbi do? the fbi can hire apple engineers away. the fbi can hire the brightest people in the country to figure out how to do this but can't conscript apple. >> right. >> the government can't take you. sandra, you will work for us tomorrow whether you want to or not. fbi went into court in secret without apple's lawyers there. even though there is legitimate court order signed by a federal judge, it is probably invalid because apple was denied due process, basically their day in court. deirdre: that brings up interesting legal angle, does it not? >> sure. the judge is right here somehow it is appropriate or consider it a reasonable way to approach this very complex question the government goes to court and says, apple, you work for us now. you know, i think that is clearly a dangerous precedent to set. and, when the feds say as they are saying in this case, oh, it is just this once. we're going to ask you, very important -- just this once. deirdre: very important. >> you know, never believe the government when they say it is just th

a study from pew research say 51% of the american people support the fbi on this. joining us is former new york city police commissioner ray kelly with more analysis, good to see you, ray. >> good to be with you, maria. maria: i was struck by the fact there are currently 175 phones in new york that, you know, lawmakers are trying to unlock. the d.a., trying to unlock them and you know, cyrus vance now saying his office has these iphones that he believes can, if he gets into these iphones, they can help them with some important drug cases, criminal cases, is that right? >> sure. i think this ultimately has to be solved by congress. i'm not certain they want to take it on, but it's an issue that requires a law. i think this particular case will go to the supreme court because tim cook really has no alternative now. he's drawn a line in the sand so he's got to show his consumer base he's fighting for them. i'm surprised it wasn't handled in private and it really is, as far as this case, it is about one phone. because apple will control the whole process. i think what

stuart: i know the fbi decides. i don't know see how they don't indict, that kind naming the names of our intelligence people overseas in active intelligence work on her private server in her barn in chappaqua available to all able to hack into it. are you with me on this, can you see any way the fbi cannot indict her, will not indict her. >> remember, those, stuart, this is the same justice department that didn't indict anyone in the targeting of conservatives in the internal revenue. stuart: but this is the fbi. >> i understand. stuart: maybe the justice department will say no, we're not going to press the indictment, but it's the fbi which will recommend or not indictment. >> yeah, i understand. stuart: sir, i've got to come back to it. there's no way that the fbi will not indict her, surely. >> well, look, we'll find out at some point and if the evidence is there, then they should do that, they should follow the evidence and the evidence seems compelling. ultimately it's their decision and the justice department

case, and he's upset that apple's ceo is defying a federal court order to help the fbi open the iphone used by one of the san bernardino terrorists. trump today called for a boycott of all apple products until ceo tim cook complies with that court order and cooperates with the fbi. >> what i think you ought to do is boycott apple until such time as they give that security number. the phone's not even owned by this young thug that killed all these people. the phone's owned by the government. tim cook is looking to do a big number, probably to show how liberal he is. boycott apple until such time as they give that information. i think that's a great idea. [applause] lou: and a senior apple executive firing right back, saying donald trump's call for a boycott simply puts the company in standing with other good people trump has criticized. and the justice department? well, trump and the justice department are on the same side in this one, extending the timetable for apple's compliance with a court order until friday of next week, and the justice department made it clear at the same time th

. >>> the fbi says to apple, unlock the san bernanadino terrorists iphone. no, says tim cook, not going to do it. it is safety versus privacy argument playing out in real time with a real terrorist attack. >>> stocks going up again today. dare which say solid rebound. a lot depends on oil talks going on in tehran, yes. iranians have now a say in our stock market? whoa, watch out your screens are going to light up today. "varney & company" is about to begin. stuart: big story breaking now, and apple is in the headlines. got nothing to do with new products, far from it. a judge in california orders apple to help hack into the san bernanadino shooter's iphone. apple says, no way, not going to do it. take us through it, ashley. >> it is interesting. shooting happened in december. ever since then the fbi is not able to get through encryption on the iphone recovered from a car involved in the final shootout with the two terrorists who were killed. federal judge you now ruled that apple should indeed provide the fbi with software that will enable them to disable th

the fbi wants apple to change its ios. the operating system so that it creates a back door. >> i will tell you one thing. i do not have a problem with that. do you? >> i have a serious problem with that. if you put a back door into any encryption software, we are human beings. even if all new one person had sat back for, i promise you, soon 100 people will have it. trish: hear me out for a second. the fbi has reason to suspect you may be a terrorist or you may have committed some kind of crime. they can go to the right and they can go to at&t and they can get your phone records. should they be able to do exactly what they are able to do with everyone else? >> absolutely. why don't they just crack that one phone. that is the phone that they want. they are asking apple to give them that ability. trish: that already exists. you can get their text. why should the government not be able to get it on apple as it can't anywhere else. for the sake of our nation. for the sake of our security. >> there has never been a back or that

the fbi could hire a hacker to get into the phone, not apple. the reason the fbi wants to use apple is use it as a proof to lawmakers to say it's totally possible for apple to do this. charles: i wish we started this segment earlier. wish we could go on but we're out of time. tomorrow morning you don't want to miss maria's show, former u.s. attorney general john ashcroft. keep it on fox business. now is lou dobbs. lou: good evening, everybody. i'm lou dobbs. the republican front-runner for the first time in history is the political target of the republican establishment gop elites, lobbyists, special interests, sitting president and leader of the worldwide catholic church, seemingly nothing is slowing trump's momentum with three days to go until the south carolina primary. trump remains dominant. real clear politics average shows him with 11-point lead nationally. a 17-point lead now in south carolina. but tonight, there is a new poll, and trump's rivals are

it the fbi. that is at center of debate. david: what an incredible debate. very strong points on both sides. will be something to follow it. liz macdonald with all the details, gerri. gerri: using chewbacca to prove a point. >> excuse me, sir, did you notice chewbacca? >> no, i didn't, sorry. >> no i did not. >> right over there. if legalzoom has your back.s, over the last 10 years we've helped one million business owners get started. visit legalzoom today for the legal help you need to start and run your business. legalzoom. legal help is here. then your eyes may see it, differently.ave allergies. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything. approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind, medica

. >> could the fbi fully in this case. they came and asked us throughout this information we had on the phone and we gave everything we had. this case is not about one phone. this case is about the future. maria: run session overnight china to the shanghai composite better than her son. 6.8% concerns about liquidity ahead of the start of the g20 meeting in shanghai. the nikkei average was the standout rising 1.5%. that's where the good news was in asia. european markets looking to snap two straight days of losses. gains this morning europe good finance is rain monday and after announcing a will pay a special dividend. major averages between 1% in 2%. the u.s. expecting a higher opening. but you're where we stand up about four-point dow jones industrial average. also really flat when you look at the s&p and nasdaq turning negative. getting the latest reading on durable goods orders. that is the last report with a 5% decline in december. we will see what they said they never poured it about in about two hours. president obam

that is not what the fbi is saying. is saying it is adhering to what the judge directed apple to do, to write code for one iphone owned by the county health department in san bernardino, that the shooter was using and the code would only work on this one phone, the code would not be let into the wild idea that that would get out of the wild and that code for that one specific phone with than working everybody else's phone he is saying his experts are telling him that is simply not the case. comey is also saying the code according to the court order would sad apple, apple would retain custody of the code and he says think about it. have you ever heard of apple's co getting out into the public and being used? he's an apple is pretty good at protecting and keeping save its software code, never heard anybody say or any indication that apple's software somehow got out into the public. so he is disputing practically everything tim cook has been saying along with what tim cook is saying in the interview with abc last night. ne

the fbi debate. attorney general loretta lynch has just commented on it for the first time. >> she basically says, look, we understand the position of apple, but we need this type of evidence. it's critical to what we do to maintain safety on both the federal and state level. she admits there is an impasse between apple and the fbi, and the only way to solve that is to go to court. she also says, look, there is a trade-off between privacy and security, but we can -- she believes there's the ability to maintain both. stuart: so she's gone to the absolute top level here. apple versus the fbi. apple versus the government politicians and bill gates. >> and the court. >> hasn't discussed whether the court is the place, the avenue to discuss this or to settle the problem, it's the legislative problem, that's what apple has been saying. stuart: that's a fair point too, or but it's going to take a long, long, long time. >> march 22nd hearing. there could be a terror plot in the works right now. stuart: let's