Maid from cuba tonight stands one step closer to being the 45th president of the United States of america. Trump, rubio, cruz. All here live. And hillary squeaks by. The fight goes on the democratic race tighter than ever. Plus, apple goes to war. Inside the tech giants refusal to help the fbi unlock a terrorists iphone. Apples top lawyer joins us live. From abc news, its this week. Here now, chief anchor george stephanopoulos. Good morning, after a crucial saturday vote in the race for the white house, two candidates now in command. For the democrats, Hillary Clinton found her fire wall in nevada. The win out west, nearly six points over Bernie Sanders puts her back in control. She heads to South Carolina and super tuesday with big leads in the biggest states. And for the republicans, its all about donald trump. Marco rubio and ted cruz in South Carolina, a possible delegate sweep, kills off the campaign of jeb bush. Puts him in a powerful position. No republican who has won both New Hampshire and South Carolina has ever lost the nomination. The big question for so many in the gop today, a question unimaginable one year ago. Can donald trump be stopped . He joins us live in a moment. First, jon karl brings us the results of the biggest day yet in this campaign. Good morning, jon. Good morning, george. This is a remarkable moment in american politics. What once seemed utterly impossible is one step closer to reality. Hillary clinton could be facing off against donald trump this fall for the presidency of the United States. With his big win in South Carolina, donald trump took command. This is nothing easy about running for president. I can tell you. Its tough. Its nasty. Its mean. Its vicious. [ laughter ] when you win, its beautiful. Reporter trumps backtoback victories in South Carolina and New Hampshire bode well for his chances on super tuesday. 11 states voting on march 1st. Lets put this thing away. And lets make America Great again. Reporter while trump celebrated, marco rubio narrowly edged out ted cruz for second place. Both seemed to declare victory. Ready to take on trump. After tonight this is a threeperson race. And we will win the nomination. We are the only campaign that has beaten and can beat donald trump. Reporter after betting big on a South Carolina comeback, jeb bushs distant fourth place finish ended his white house bid. The people of iowa and New Hampshire and South Carolina have spoken. And i really respect their decision. So tonight, im suspending my campaign. Reporter the field wont narrow much. John kasich and ben carson are meanwhile in nevada, Hillary Clinton was finally able to slow the momentum of Bernie Sanders. Some may have doubted us. But we never doubted each other. Reporter sanders touted how quickly his campaign has closed the gap. We have come a very long way in nine months. Its clear to me, and i think most observers, that the wind is at our backs. We have the momentum. [ cheers and applause ] back in South Carolina, donald trump showed remarkable strength across the board. Even winning evangelicals over ted cruz. And so far, trump has won 44 of the states 50 delegates. The remaining six could still go his way. And the map, and the math, get even better for him as the race goes national. By march 15th, half of the delegates will have been awarded. Among the states voting on march if cruz is to have a prayer of winning the nomination, he has to win there. Two weeks later, its marco rubios home state of florida. If rubio is to have any chance at all, he absolutely must win that winner take all florida primary. No question about that. Thank you, jon. Lets bring it to matt dowd. Youve been bullish on Donald Trumps odds for a long time. This summer, he had 16 opponents. He had the best odds. Now he has basically three opponents left. His odds have only improouchd the problem for the other candidates is donald trump has a clear path. A clearer path to the nomination while the other candidates dont. In that scenario, donald trump is the odds on. Theyve been willing to take each other on more willing than to take on donald trump. What has to happen . I think two things have to happen. The first, somebody else has to catch fire much better than in the past. Like iowa or New Hampshire. Donald trump is playing the version of political jenga. Hes been taking blocks out, taking blocks out, every thinks it will fall. At some point, it will. Both things have to happen. Thank you, matt dowd. Lets go to donald trump. Congratulations on your victory. You think you have the nomination in hand . No. No, not at all. Im dealing with very talented people. Very smart people. Great politicians. And ben carson still in, i understand. Hes a terrific guy and talented guy. So, you know, im dealing with smart people, talented people. I never take it for granted. You said last night, we go back to war tomorrow morning. Who is your toughest competition right now . Marco rubio or ted cruz . I think theyre both tough. I think theyre all tough. Everybody is tough. Theyre all very accomplished people. I would say this. I was hit very, very hard yesterday by ted because he did one on the confederate flag, which was, you know, very tough and unfair. And one on i guess gay marriage. And they were one came on at 9 00 in the morning. In election day, this is something i didnt anticipate. One came on about 12 00 in the afternoon. During the election. I said to myself, wow this is a tough business. These people are worse than manhattan real estate developers. This is rough stuff, politic. I thought maybe they would have a bigger effect than they did. I didnt know i would win by that much. We won every congressional district. Got every single delegate. That was sort of recordsetting stuff. They hit me hard with negative ads. Youre hitting them hard, too. You september out a retweet suggesting Marco Rubio Might be ineligible to be president as well. Do you believe that . It was a retweet. Not so much with marco. Im not that familiar with marcos circumstances. But then why retweet it . I think because im not sure. Let people make their own determination. I think ted is being sued by somebody, having nothing to do with me, by the way. Maybe its in new york. Youre not sure that marco rubio is eligible to run for president . Youre not sure . I dont know. I have never looked at it. I have never look at it. Somebody said hes not. I retweeted it. I have 14 Million People between twitter, facebook, instagram. I retweet things. We start dialogue. Its interesting. Maybe thats why i have 14 Million People. Do you think as you get on the path for the nomination, youre the clear frontrunner right now . Youre in command of the race, youre going have to be more careful about the kind of things you say and tweet snrnlgts i didnt know i was going to win by so much yesterday. You didnt either. That was bigger than the tolls polls. The polls said three or four points. I won by ten. They said i would get some of the congressional districts. I had no idea i would win by that much. Certainly after the robocalls i never thought so. Think the republican establishment might close ranks and come down hard try to block in nomination . If they do, is it still possible you would run as an independent . I dont think that is much of a possibility. I dont think im being treated fairly by the rnc. Every time i walk into a debate. Im selffunding my campaign. Im not getting money from the special interests, the big drug companies. Everybody else is. Everybody on both sides. I walk in and they have all special interests, lobbyists, donors. Sitting in the room. I dont have any of that. Except for my wife and kids. These guys walk in, they Say Something that is stupid or not even good and they get Standing Ovations every time they open their mouth. Its very unfair in terms of the debates, i think. I think i had my best debate last time. Some people dont. Some people think the new york values debate was better. I was being hit from all sides. Its very unfair when a room is so stacked. If you win, sit a hostile takeover of the gop . No. Not at all. I was a member of the establishment of the gop. I say proudly. I gave 350,000 to the republican governors association. Before i ran. Before june 16th. And i gave tremendous apts mounts of money to people in the Republican Party. I gave to everybody. I was very establishment. Once i ran, they said, whats going on . Thats not supposed to happen. They like to control the people, so when they go to military awards or pharmaceutical awards, they make sure they get it. Im going to do whats right for the country. As a selffunder, im the only one. Ill do whats right. Its certainly different. That will be good for the party. Because were going win the election. Two polls came out recently where i beat Hillary Clinton and i beat Bernie Sanders. I dont think Bernie Sanders will be the problem. I think hillary will be the one im competing against. Unless she has legal problem. You told me months ago you would release your tax returns. The wall street journal editorial page came out yesterday and said mr. Trump should release his records before super tuesday. He should be eager to release them for public scrutiny. Tuesday . No, i wont. Were working on them. Let me tell you about the wall street journal. I have no respect for them. Theyve taken me on so much. Its so ridiculous. Every day, editorials. Bad editorials. They had a poll come out. I said they should fire the pollsters and the editorial staff. I dont want to read it much anymore. If you look at their polls, one day and two day, two polls before the election. They turned out to be so wrong. That they should honestly, they should fire their pollster. So i dont care what the wall street journal says. If anything, i would do the opposite. That will turn out the be more correct. So no release before youre a nominee . At some point. Were going talk about it. At some point. Well release. Why is there such a rush . I released my financial statements. Which are much more important. And everybody was amazed at how much bigger than they thought. Great company. Very little debt. Tremendous cash flow. Some of the best assets in the world. Thats the kind of thinking the United States needs now. Because our country is in financial trouble and military trouble. Were in every kind of trouble you can have. Our country is a mess. Were going strengthen the border. Do all of the things you and i have been talking about for a long time now, george. It will be great. Mr. Trump, thank you for joining us this morning. Thank you very much. And were join bid the number two finisher in South Carolina. Senator marco rubio. Thank you for joining us. Thank you. We heard donald trump say hes not sure youre eligible to run for president. Your response . Well, this is look this is a pattern. Game he plays. He says something that is edgy and outrageous. The media flocks and covers it. And nobody else can get any coverage on anything else. That worked when there are 15 that doesnt work now. Im going to spend zero time on his thoughts on eligibility. This country faces a very significant and important choice in 2016. And it needs to be made in a serious way. The consequences are extraordinary if we get this election wrong. Republicans need to elect someone who unify the party, grow the party, and win this election. Thats why im asking people to vote for me. To on my website, marco rubio. Com and sign up to support the effort. One note that mitt romney may be set to enzors you dorse you . Is that true . I have spoken to him. Hes not set to endorse me. If he were, we would not be announcing it on the huffington post. Endorsement. His top strategist, stewart stooechbs, is in the new york shot at your campaign. Its crazy that nobody else is trying to win but trump. Rubio is not going after the person who is winning. Ive never seen campaign that seems as satisfied to not go after the leader. Is it time to take on mr. Trump directly . This is not an election like others up to this point. Seven, eight people dividing up 70 of the vote. I had one superpac that spend 40 million going after me. You can only take on so many people at one time. This is not about going after donald trump. It isnt. People want to obsess about that. He is the frontrunner. Its about who is the most capable hes the frontrunner when you have seven people running. 70 of republicans nationally are saying im not willing to once the number narrows, well be closer. We have to nominate someone that can take our message to new people, and that can win. Someone that is going win in november. We cannot lose this election. I give our party the chance to nominate someone as conservative as anyone in the race. I am a conservative that can unite us. Can grow this party. And can ultimately win in november. Thats the argument were going make. If there are differences between me and donald trump on policy, as im sure there are, well talk about those. Bottom line is he qualified, if your view, to be commander in chief . Can you support him if hes the nominee . Well, im going to support the republican nominee because what the democrats are offering is so horrific. I will say this. I dont believe hes exhibited an understanding of Foreign Policy, which is the most important job of the commander in chief. To say im going to surround myself with smart people, thats you, yourself, have to make judgments. You have to understand these things. On the day he becomes are the, i become president , whoever becomes president , the world is not going to wait until you catch up before they Start Testing you. You better understand these from day one. Our next president has to be together. Some level of unity. Not unanimity. But unity. Ill be. Ill be a president for all americans. Even those who do not aagree with me. I think that is very important given what we have faced in the last seven years and how divisive barack obama has been. Where do you win . Well, when we get to the winnertakeall states we have to start winning. They award all the delegates to one person. Im in tennessee today. Then arkansas. We finish in nevada. Tomorrow more of the same. Were competing everywhere. The way this process works for people that are watching, these states are awarding delegates proportionate proportionately. Come march 15th, if you win a state, you get all of their delegates. Well be in real good shape for that. And florida is must win . I think that is true for ern in the race. Its always been true. We feel real good about florida. Especially now that the race is narrowed. I have a lot of admiration for governor bush. We shared supporters. Now that hes suspends his campaign, i think that boosts us not just in florida, but ohio. And other key places. Senator rubio, thank you for your time this morning. Thank you. And were joined now by the man who came in third in South Carolina. Senator ted cruz joins us. Thank you for joining us this morning. You said you defied expectations last night. Defying expectations . We have been through the first three primary states. We won iowa with baig margin. Came in third in New Hampshire. In a state where they said a conservative could not do well in a moderate new england state. Last night, we effectively tied. There is now only one strong conservative remaining in this race that can win. Our game plan from day one was do well in the first four states. And con sol dade conservatives to go forward into super tuesday. I think were positioned eye deal lie ly to do that. Your base. Trump won them over. How do you explain that . Doesnt it bode ill for you on super tuesday . Well, listen. Donald trump has proven to be a formidable candidate. One of the things the first is only one campaign that has beaten en en or can beat donald trump. 70 dont believe trump is the right candidate to go head to head with Hillary Clinton and beat her in november. One of the things were seeing coming out of last night is people are recognizing, okay, if we want to beat trump, cruz is the only one who can do it. Hes the only one who has done it. Part of the reason is, george, you cannot beat trump coming from the left. You cannot beat trump with a candidate who supports amnesty. It doesnt work. The you come at the left to trump, you will lose. The only way to beat trump is with a strong proven constitutional conservative. Thats why we have had 980,000 contributions at tedcruz. Org. People across the country are saying, we need to have a real conservative. I think South Carolina will only accelerate that process. You have been making that case. Its not work something far. Donald trump won New Hampshire. Won South Carolina yesterday by no republican who has won both of those has ever been denied the nomination. Are you going to be up to having to make a new and tougher case against donald trump . And what is it . Look, a primary is an ongoing conversation. Everyone in the media said trump would win iowa. We, then, had the largest turnout. Earned more votes in iowa than any republican in history. Last night, one of the most encourages results, our campaign carolina. We won young people in iowa. Two states in a row that we won young people. New hampshire, we were in second place with young people. You want to talk about where the excitement, the energy is, young people want a brighter future. They want jobs. They want their konks consistent tugt popular governor and senator and congressman of this state. All the establishment circled their wagons around marco. Me still only came in second. Frankly, if i had done that in iowa, look in iowa, we had the heavy hitters come behind our campaign. If he had come in second or third, you guys would have barbecued us for having all the big hitter behind us and not winning. We won iowa. Even though all the big hitters were behind one of our opponents in South Carolina, we still effectively tied for second. What were doing is unifying conservatives. That may be true. As long as you and marco rubio are going after each other, doesnt that give donald trump a clear path . Thats a great question. Donald devotes all his time and energy, money, to attacking me. That demonstrates that donald sees me as the only real threat marco devotes all of his time and energy to attacking me as well. Hes been unwilling or afraid or for whenever reason, he wont take on trump. If you want to beat donald trump jourks to go with the only campaign that has demonstrated we can beat donald trump. Ill tell you, going into super tuesday, i think were positioned, nine days from today, to have an amazing day. Our base on the ground is strong. Listen, republicans want a real conservative. They dont want someone like donald trump who supported john kerry, jimmy carter, Hillary Clinton. Supported the wall street bailouts. The obama stimulus. They want, instead, someone who will stand up to the washington deals. Well be watching. Senator cruz, thank you for joining us this morning. Thank you, george. Much more ahead with the and rins previs. Is he prepare frd a brokered win . vo if you have type 2 diabetes, you may know what its like to deal with high. And low blood sugar. Januvia sitagliptin is a oncedaily pill that, along with diet and exercise, helps lower blood sugar. Januvia works when your blood sugar is high and works less when your blood sugar is low, because it works by enhancing your bodys own ability to lower blood sugar. Plus januvia, by itself, is not likely to cause weight gain or low blood sugar hypoglycemia . Januvia should not be used in patients with type 1 diabetes or diabetic ketoacidosis. Tell your doctor if you have a history of pancreatitis. Serious side effects can happen, including pancreatitis which may be severe and lead to death. Stop taking januvia and call your doctor right away if you have severe pain in your stomach area which may be pancreatitis. 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Our at t buy one get one free makes it easier for your staff to send appointment reminders to your customers. And share promotions on social media . You know it now im seeing dollar signs. You should probably get your eyes checked. Good one babe. Optometry humor. Right now get up to 650 in credits to help you switch to our parents worked hard so that we could enjoy lifes simple pleasures. Now its our turn. Im doing the same for my family. Retirement and Life Insurance solutions from pacific life can help you protect what you love and grow your future with confidence. Pacific life. Helping generations of families achieve longterm Financial Security for we have heard from the accounteds. Joined now by the chair of the Republican Party, Reince Priebus. I was struck by a number in the exit pols. More than half of South Carolina voters feel betrayed by the Republican Party. They voted in big numbers for donald trump. Is his success an indictment of the party you lead . No, i dont think so, george. I think people are sick and tired of politics in general. Sick and tired of washington, d. C. And i think, just actually sick and tired of all of both parties. I think its just a general feeling out there thats real. Wouldnt deny it. But, obviously, all these folks are fighting to be the nominee. And spokesperson of our party. Were going to be there to support whoever that nominee is. . You talk about a Spokes Person for your party. Talk about donald trump. Just this week, he said president bush lied about weapons of mass destruction. Thats what many called a liberal left position. He was called unchristian by the pope. He supported democrats much of his adult life. Are you really prepared to have him as spokesperson for the Republican Party and to lead a convention that nominates him . If the delegates, you know, get accumulated in such way that becomes the nominee, its our job to support that nominee. And we will. Were prepared to support whoever the nominee becomes. I think its early in the process. When the time comes, when were setting either before cleveland or at cleveland or when ever that point may come, and we have a presumptive nominee. The rnc will join in with the nominee and put together the biggest ground game and data operation that we have ever seen. You know weve made incredible strides at the rnc in becoming far more prepared today than we were four years ago. So yes, we will support the nominee. To me, its a no mf brainer. A lot of top reason publicans think thats going to break the party apart. Winning is the antidote to a lot of things. If we win in november, the in line. Theyll be pleased if we win in november. Who the nominee is going to be is not my choice. Obviously, were going support whoever that is. You could play a big role if no nominee goes in with enough delegates before the convention to win on the first ballot. You have said its early in the process the. But are you prepare forward brokered convention . Are you planning for it . What does that mean . Were prepared for anything. I was general counsel for two years before i was chairman of the party. Ive been chairman for six years. I dont think there are toop people more familiar with the procedures of nominating someone at a convention than i am. So, i am prepared. And well be prepared if that happens. But again, i dont think that will be the case. If it did, then, of course, obviously, it would be pretty historic. But well be ready. Mr. Chairman, thank you for your time this morning. Thanks, george. Roundtable is up next. And am double le doubles down. Were live with their top lawyer. And later, the power house puzzler. Bought you to by voya financial. Vern from voya . Yep, vern from voya. Why are you orange . Thats a little weird. Really . Thats the weird part in this scenario . Plook, orange money represents the money you put away for retirement. 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As we head into super tuesday. Were going to have a third of the delegates selected by the end of that evening. Donald trump will have majority of the delegates most likely. The question for the Republican Party is, how do we get folks out of this race so somebody can accumulate enough delegates at a convention to beat him . You have jeb bush out of the race alex. It look like john kasich and ben carson will stay in. You have three solid candidates no matter what. Dividing a lot of the vote. What if donald trump is already stopped . Hes hardened a vote around himself that is intense. Will walk through ice storms to vote. But hes also hardened a lot of vote against himself. Jeb bush drops out of the race. A lot of that vote goes to rubio. Rubio is close to trump in states like virginia, north carolina. If cruz wins texas. Rubio wins in other states and goes into florida. Wins that. What if theres a romney endorsement . Rubio may have won the nomination last night. The problem with that, alex, what you have described is three men splitting the delegates a third a third and a third. And in that scenario, this thing is going to go much, much longer. And you have scenario where were in the convention, potentially. That that i dont think we have been proven yet. When you win, your ceiling usually goes up. When you start winning, more voters start being more available to you. I think donald trump, as of tomorrow morning is going start looking across the landscape. His numbers in the states that were already high will rise because he won. Democrats prepared for race against donald trump . You know, give us any of them. But donald trump, which is such great contrast with what happened yesterday in nevada on the democratic side. Donald trump being antimexican, antimuslim, antiwoman, antiimmigrant, antiscience. And Hillary Clinton putting together this coalition that look like america. Its an it will be an incredible contrast. He is now the face of the Republican Party. I hear these guys desperately hoping that thats not going to be the case. But donald strump now the of the Republican Party. Theyve made their bed. They have to lie in it. You had more candidates in 2008. So what they should be focusing on right now is yes, you have, stop complaining about Bernie Sanders being this the race. You need him in the race because you need media attention. You need a lot of folks paying tension. They should be driving hard. Registration, registration, registration. I dont understand why theyre not spending massive amount of money in texas to register those 2. 1 million eligible unregistered hispanics. Nearly 1 million folks in georgia alone that are unregistered. Thats where they should be. It will be a turnout game for them in ohio and florida. One of the things we learned yesterday. Calm a couple of things. The establishment force in the Democratic Party is stronger than the establishment force in the Republican Party. To stop Bernie Sanders yesterday. The two dominant players from yesterday, Hillary Clinton and donald trump, are incredibly flaud continues. Hillary clinton is not doing well with younger voters. Distrusted by the ma yort majority of the country. Disliked by the majority of the country. Donald trumpl, distrusted and disliked by the majority of the country. Let me pick up on the first point. This has been remarkable. This grumbling among republican establishment. Fear of donald trump. Not many willing to stand up and do something about it. Is this thats right. You have not seen much money spent against him to date. And, whats more is, i think the challenges we havent been able to get behind an alternative. Theres no evidence that ted cruz will get out. Marco rubio is on the ascent. John kasich believes he has a fire wall in michigan and ohio. Unless we call the field to one alternative, donald trump may not be stopped. Thats not the problem. From a delegate map perspective, yes, roland, it is a problem. I think donald trump is plutonium. It can fuel your business but it can also kill you. And they lee him alone. And theres a good argument to do that because he may be capped. The way to run against donald trump is to run against Hillary Clinton. Is to a generational race. Leave him behind. He may be stuck where he is. Thats whats been happening for the last six months and hes running away with the nomination. George this is their problem, this is their problem, they invited evil in and now evil is taking over. Okay. 2009, the night of obamas inauguration, we will stop him as every turn. They love the tea party ang person they took advantage of it. They said, we can control it the. We can harness it. Now all of a sudden, trump is taking advantage of it. The republican establishment has now its about to consume us. They have to accept some blame. Donald trump is going to take over. I dont think the establishment has played with tire. It looks more like a hostile takeover. Donald trump is nonknot a conservative. Why did they like his burter against obama . The fund raising in 2012 . If the republicans accepted his fundraising prowess in 2012 . Weve told america that our principles are only good for saying no and telling people what they cant do. Theres a Democratic Party that is offering more of the same old failure. Washington hasnt done enough. A Republican Party that can only say no to everything. The American People are furious on both ends. They want to throw everything out. The failure belongs to both parties. I agree with alex. What created donald trump is the country feeling lying the institution that exists in washington doesnt work for anybody. Certainly doesnt work for the working class of the country. Thats the same thing that created Bernie Sanders. Only 4 of the republican superpac money is spent attacking donald trump. You have had total hands off. Ross dellpat from the new york sometimes said this is the way to attack donald trump. Go right at the hypocrisy of him having created stuff like, trump mortgage. Go after the people that were hurt. His base. Those who wept on it hasnt been done. You have not political ads in this hes got hes making ties in china. One at a time. Political ads in this campaign have not worked. The voters in the republican paent dont have all the information . They have the information. Hes done more to take himself than any other candidate and he the problem is, until this race, i agree with sara. Until this race goes to a oneonone race. And it may never go to a wins. Democrats for this one. The republicans loved the anger when it helped them in the midterms. They dont like it now. Voters know these candidates. This has been national campaign. Were exhausted with them. Theres no new information that will change that. What is going to change it may be winning and momentum or gee geometry geometry. Kbt candidates falling out. Heres the challenge moving forward. I dont believe donald trump will ultimately be the nominee. It may be a bloody fight on the convention floor. Is that a dream . It may be a bloody fite ght on the convention floor. Whoever does represent the party how the harness his supporters. That will be very challenged. Donald trump represents 60 million frustrated americans. We talk about it like its a weird thing over there. He represents a huge chunk of the american public. Theyre trying to vent how they feel. Their frustration and anger. Youre not saying 50 million, 60 million will vote for trump . If donald trump is the republican nominee part of the issue is anger. Theyre ticked off at america changing in terms of how we look, becoming a majorityminority country. Theyre ticked off. Those same voters at some point, need to say, i was the one who screwed up because i kept voting for some folks. They also have to say, hold on, hold on. Thats the mistake we make. We want to we want to hold everybody accountable except for i would say, oh, john wayne, donald trump is my man. Show me how that man has cared about a republican voter over his career . No, no, no. I was going to say in the general lex, when you put Donald Trumps experience in Foreign Policy and in going and doing that against Hillary Clintons, shell have a chance to pull over a lot of independent voters. Second wait, wait. Last night, last night, if you asked people in nevada what their number one issue is, they would say jobs. She won those voters enormously because she has since New Hampshire, started to focus her message on what is causing people to be have barriers. I have to call time. I have to call time. 650,000 voted in South Carolina. That was great. This is going to continue. We have to come back. When we come back, apple on h hot seat. Should they help the fbi unlock a terrorists cell phone. Were live with apples top were seeing many more people involved in terrorist communications. It gives us grave concern. On your smartphone today, your iphone. Theres likely health information. Intimate conversations with your family. And you should have the ability to protect it. And, the only way we know how to apple and google are their own sheriffs. Theyre acting like teenagers, saying no one can tell me what to do. That battle between apple and the fbi ramped up bigtime this week when the fbi asked a judge to force apple to help them unlock the iphone of the San Bernardino terrorist. Were joined by the lawyer who will be making apples case. Ted olson. Mr. Olson, thank you for joining us this morning. The Justice Department had tough words for apple. This is not about privacy and security but apples concern for its Business Model and public Brand Marketing strategy. How do you respond . We have the greatest respect for the Justice Department and the fbi for their goals and their motivations. We would hope we would goat the same respect and understanding back. This san extremely important debate about privacy, civil we want, and apple has helped the fbi in this investigation in every way the law required. But it has to draw the line at recreating code. Changing its iphone, putting its engineers and creative talents to destroy the iphone as it exists. Apple has a responsibility to maintain the trust and faith of millions of people who are depended upon apple to produce a product that protects their privacy, their intimate personal life. This is a pandoras box. Were not just talking about one magistrate. Magistrates. Hundreds of other courts. And theres no limit to what the government could require apple to do if it succeeds this way. Were before a judge. The judge hasnt decided yet. Were filing briefs lp there will be arguments. Fbi director has recognized is an Important National debate. The law doesnt require apple to do what the fbi is asking so far. Congress hasnt addressed the issue. Apple is adhering to the trust of its millions of iphone purchasers. How far does this principle extend . Would am be a posing this request . Apple cooperates in every way possible. If you were asked or your network were asked to create a program to use your talents to ensnare a kidnapper, a criminal, a moneylaunderer, or a terrorist, you would have the responsibility to resist that unless and until theres Legal Authority that requires you to do that. Apple respects the law. But the this very issue was debated, fbi director comey who said there should be a debate. Congress should maybe do something about this. The government decided not to submit that legislation to congress. It needs to be done. Were waiting for a court to hear the issues and decide this thing. Theres a a matter this is not just one magistrate in San Bernardino. There are judges all over the country. And foreign governments. People in Foreign Countries that will be very, very susceptible to invasion of their privacy if apple can be forced to change its iphone, to redesign its iphone. Its cooperated in every way it can with respect to the powers that it has. Its resisted changing the system that people have trusted. How far is apple willing to take this fight . Will the executives be willing to go the jail, be held in contempt . I dont want to get ahead of the judicial branch. A hearing. Im sure if it rules in our favor, the government will appeal. If it rules against apple, an appeal. Ultimately, possibly, to the United States supreme court. Were not talking about contempt of court. Were talking about respecting the fact that a court hasnt really ruled yet. And congress has decided not to enter into this area and not to require apple to do what is basically, essentially very difficult to do and would require apple to come ply with these types of court orders all over the world. Damaging your personal, financial privacy, health records. Where your children are. The implications are very important. Step back and good for you for having us on your program. We need to debate these issues. Remember, terrorists wish to change our lives. We cant surrender our Civil Liberties and give the terrorists victory that they actually seek. We had a revolutionary war over general writs supplied by the king. We have to stick to principles. Were joined by john miller, the nypds deputy commissioner. Mr. Solsen said, this is going to affect everybody. Your response . Um, mr. Olsen is not a good american. Hes great american. He served his country adds solicitor yen in the Justice Department. Hes been a First Amendment lawyer in other cases. But, remember, the client here, apple. This case is entirely overstated. The giant parade of terribles, if we get into the terrorists phone and find out theres a message in it that tips us off to two other terrorists and a plot here in new york city, thats on me, george. So thats important. That the parade of terribles, will seize everybodys health records, go through the private information and give it away to the world is absush. Up until september 14th, apple held the key to its own code. They held it in apple head quarters. When somebody showed up with a search warrant, signed bay federal judge or some other lawful authority. Apple took the key, opened it up, provided it. I want to get to one specific answer to something. Sit possible for apple to tailor something for this phone in that way they can then destroy it so its not reply kabl . Thats the absurd thing. What the Justice Department asked for is fors toll go into its own lab, its own offices, find a feature that can bypass the thing that will destroy all the information in the phone after ten false tries on the throw it away and hand the phone back to the fbi with a couple of features that allows them to try codes on it. This phone, a governmentowned phone that belonged to two dead people who have no privacy rights who are in the middle of a frift investigation. I dont know why were still talking about this. Well have to revisit that is all for us foed. Check out world news tonight. I was born and raised in this up to, and i still live community. Six people are dead, including a young girl. Others are fighting for their lives this morning in michigan and well break down what happened. And in ohio, a controversial today. The impa act impact deep funding planned parenthood will state