Comey making comments 3d scene is, making the program to open the iphone is, quote, the software equivalent of cancer. The fbi wants apple to open the iphone specifically that five see use by the San Bernardino terrorist couple who killed all those people in california in december. What happens next . James woolsey in a fox business exclusive, never said how far the government would go to get the information from the terroristss cellphones. That hot topic absolutely sure to come up tonight in the lone star state, the five remaining republican president ial candidates face off indeed the number 10. It may be now or never for those who think they can stop the front runner, donald trump continues to build steam at this hour. The special report with us live on the lines of attack we seen next on the of winning contest. On wall street the bulls hoping terrible news, we are less than an hour to the closing bell. Stay with me and start the countdown. Lets get to this breaking news. Apple has begun a Conference Call right now and addressing a battle the fbi has been in whether to open the iphone to the San Bernardino terrorist who had owned it. This is developing as we speak about what i can tell you is they have filed a motion and in it they say, i will paraphrase, apple has gone above and beyond what is required by law to support the government in the investigation. Governments say they are not supporting us at all. We need to open the phone of these people and find out who they were speaking with and with whom they were dealing in advance of this terror attack. Indeed appears through this motion apple is asking a judge to drop it and not force them, the markets are jumping 129, the bulls are battling back. It was not evers us. Earlier we had a dollar by 160 points and the s p was moving 15. Oil, talk about that, settling up 3 to 33 and seven pennies. That is the highest level since january but energy still is the worst performing sector for the s p. Consult, murphy oil, the worst performers now, consult energy down 5 , what is working . Interestingly the financials which were horrible yesterday, names like pro logic, Morgan Stanley leading away. Lets get to the apple breaking news and the battle over whether apple will ever agree to crack open the dead terrorists phone. It has wrapped up in the last couple minutes. We mentioned the motion apple has filed asking the judge to drop it but the fight right now we spilling out of every 4 on capitol hill. Heads of multiple National Security agencys testifying all day long on capitol hill discussing worldwide terrorist threats from isis to c rea along with tensions in the South China Sea but front and center is the apple encryption debate whether apple should help the fbi unlock the iphone used by the San Bernardino terrorists. Right now at this very moment you can see it here, story is coming to a crescendo. James comey testified so low on thought hot seat. night tim cook made it quite clear what he is going to do, he doubled down in an abc interview hardening his stance and refusing to unlock the gunmans workplace iphone. This would be bad for america. It would set a precedent that i believe many people would be offended by. Is in our view the software equivalent of cancer. Something that should be created. I have not talked to the president. I will talk to the president. Liz they are addressing the issue. Lets listen in. A judge will issue a decision interpreting the statute, it would not be binding on other judges but there will be other phones. This is a huge issue for state and local Law Enforcement is there will be other judges who look to that to see whether that is a similar circumstance, no doubt about that. If it does creep precedents, the impact on constitutional principles of the that is a good question because the precedents will be created under the framers of the constitution. A search warrant is an exercise of authority under the First Amendment. The old ritz act when it passed the Fourth Amendment in 1789 is an exercise of the courts jurisdictions of the great thing about this as i keep stressing, this is not a soberinges phones, is going to a Constitutional Court asking permission under the Fourth Amendment to do something and it would be a precedent in this sent that a court would look to see whether it is useful and the entire framework is under our rule of law. Not to be argumentative, this is technology. This is a constitutional question, and arguing security versus privacy. In 1941, 1941 december, we had pearl harbor, and a group of u. S. Citizens, were incarcerated based on security and privacy and National Security, these folks were moved in total. When we looked at it for your 50 years later with some hindsight we realized we reacted not judiciously but we used the courts and the Supreme Courts also to justify the actions of government so i am saying one person who has seen this kind of thing happen, pretty conscious about how we move forward. I understand the tragedy. Im mention that, in times of tranquillity our constitution is really challenged. And we are thoughtful about it. We do not want to make a mistake. That is why it is so important that this be a National Conversation because the stakes are too high. And children and grandchildrens lives, i dont think it will be decided on one court case or another. The fbi or some other company, the American People decide how we want to be. Just to say we agree we should have a National Conversation, these kinds of things have always been rushed into and thoughtful people need to get together. Appreciate this. Chairman rogers. Your request includes this is james comey, director of the fbi, fielding questions from members of congress. What makes that exchange interesting is the congressman who was discussing that with james comey is the california democrat who has Silicon Valley in his district. In essence saying we must be careful and not rush to judgment because the constitution is at stake. Director comey agreeing to the federal magistrate judge, the all rights act does back to 1789 but if you dont know what that is, it allows courts to make force the company to turnover information coming in this case data as it pertains to being helpful to Law Enforcement officials and you at that on top of what has just broken at the top of the hour, apple filed a motion saying drop it, we are not going to do it, lets bring in bret baier because you knows this is going to be a topic at the gop debate for democrats and republicans. It will be and it is a significant topic. You heard the backandforth over privacy versus National Security. It is being argued within the administration and in some circles on capitol hill that this is a one time deal and they want to make sure it is. It opens up questions about where this goes from here and that is where apple is in protecting their turf and also wears these congressmen are and senators who say why do we have to open this door . Liz keeping to what is happening tonight, a big debate in texas one of the supertuesday states you have donald trump who called during this very hour on friday for a boycott of apple, doesnt appear people are checking their iphones right now or putting them on ebay in mass numbers that he is expected to make a big deal of it and he would really speak to the feeling of a lot of people who feel open the phone, let us find out what is on it but others would argue ended almost sounds like james comey his understanding of that collapse position although he wants the phone open, we have to be careful here, this argument transcends a single persons phone. I expect it will come up in the debate but the issue is not clarifying between candidates. Without rand paul on that stage, all these candidates are talking for apple to agreed to the demands because they believe National Security is trumping indeed talk about the problem with back door into that phone. So they have all talked to all these candidates who are still running about the access, even the one time access on this particular incident. I do think the overall issue of National Security versus privacy is one that will play out in the president ial election not only in the primary but the general election. It liz an excellent point about rand paul because he has in very big when it comes to that libertarian sentiment about keeping things private which is what in part the constitution would have supported although in this case is extremely emotional, we know we have the isis problem and terrorist situation and it is horrific. Lets talk about winning and that is the term donald trump may have invoked but it looks like ted cruz is ahead when it comes to the state of texas. What is the latest data you are seeing and what is your feeling about what might happen on supertuesday . A lot depends on what happens tonight, how the debate unfold. Is significant, debate have mattered. We saw what happened to marco rubio in New Hampshire who was wellpositioned going in there and had a bad debate and finished fifth. He has bounced back now but he needs to make his mark if he is going to challenge ted cruz for the one man standing against donald trump. Donald trump is the best position right now bar none. If he continues this momentum he could sell up a lot of this by march 15th just on pure math. Liz i would be remiss if i did not ask about south carolina, the scuffle between Hillary Clinton and Bernie Sanders. Bernie sanders moving on to supertuesday states the this is a lot for it hillary in the democratic primary . Looks like it going in, she has a significant lead and it would be a tremendous political shocker if even Bernie Sanders is close, that would be a big shock. Bernie sanders is playing strategically trusteed he thinks he can pick off, vt. Mean, maybe michigan, maybe minnesota, playing in places he thinks he can get delegates and challenge the clinton machine. I think she is formidable and likely to be the nominee. Liz democrat or republican apple versus the fbi has already like a Snowball Effect becoming a big talking point on the campaign trail. Bret baier, watch him every weekday, Fox News Channel 6 00 p. M. Special report. Lets get to jo lin kent, you were on the Conference Call listening to what apple said. Jo lin they followed the motion to vacate, the protest to search warrant filed by the government, they are saying what the government wants to create they are calling it a play on deep operating system that is installed on apple phones across the board. They say what the government wants than to do violates two amendments, the First Amendment for free speech and face a Software Code is protected free speech and apple is saying the government is violating their fifth amendment, and theyre right to conscripts to undermine its own product and so you have apple officials, taking the case all the way, they say what the government wants them to do is create a forensic lab in their own company and compel them to write that. They do believe the president would have wider implications across the country. A hammer home the point that tim cook made on television in his interview with abc and this should be going to Congress Instead of through the court. They were not happy congress would not work fast enough. They chose the legal route through the Court Magistrate in this court order and this warrant. The deadline was on friday. The government is using to justify this allowed them to circumvent the legislative process. Liz interrupt as if you get any more. Honestly i think this will go as far as the Supreme Court. This is really becoming not major battle on capitol hill and at the highest levels of the court system. As we are speaking, apple is not getting hurt by this. Is moving higher, helping the market certainly but made the markets dont need the help of apple. We have session highs, Dow Jones Industrials up 159 points this is where we got a terrible stockmarket data out of china. Bring in traders on the floor show, we have stock market plummeting 6 overnight, up that didnt hurt us. It did close up 3 but certainly didnt do much that would do this. What is pushing the market higher . I think most people are still thinking it has to do with the price of oil rallying at the end but to meet this is a market where the volume has been light considering what it has been. It picked up in the last few minutes but if you are a day trader or fast money guy, these markets are really great for you but if you are an investor you are looking at fundamentals and listening to a lot of talk about recession, citibank coming out with possibility of recession and still remaining a little bit precious. I dont think all the money out there is a rally. Liz we have durablegoods for january that looks really decent here, up 4. 9 , making people wonder if the worst of the manufacturing divides is over so when you look at the flows here, people believe that wont move until the next meeting but it may fight incrementally. When you see a rally yesterday sitting on highs, march 15th, and deep in the comment, and they have more room on the upside if that is the case, if we feel march 15th there wont be a move these markets will continue liz looking at the feds half, in march. It is up 100 points right now just a less people know the highs of session, and 69 points for the Dow Jones Industrials up 157. Very telling in these markets. You will see it on huge volume. I think now you are looking at 1 billion shares. The fed is anything huge. And things a lot more than that. Liz great to see you. He make an excellent point, steam is coming out of there and we are watching this closely. A lot of news we covered in the first 20 minutes of countdown to the closing bell, 40 minutes left, anything could happen with the dow 160. More on this breaking news, the nations National Security was a former director of the cia, James Woolsey in a fox business exclusive. That is coming up in nine minutes but try and try again. 31 2 hours from space x and elon musks latest attempt to launch and a white and its space x rockets dragon capsule. Elon musk has been successful down on the ground, Silicon Valley doing it change, the dragon landing. It is exciting when countdown comes back. Is down 155 points. They say that in life, we shouldnt sweat the small stuff. But when youre building a mercedesbenz, there really is no small stuff. Every decision. Every component. Is an integral part of what makes the 2016 cclass one of our most sophisticated cars ever. Because when youre setting a new benchmark for refinement, it is the small stuff. That makes the biggest impression. The 2016 cclass. Lease the c300 for 399 a month at your local mercedesbenz dealer. We ship everything you atcan imagine. N, and everything we ship has something in common. Whether its expedited overnight. Or shipped around the globe,. Its handled by od employees who know that delivering freight. Means delivering promises. Od. Helping the world keep promises. Braking is to florida, first second and third you dont succeed try try again and how far he has come, until billionaire space x ceo launches a Company Rocket into the sky with the goal of landing it while standing up. Can this rocket land and stay standing . There have been several hookups with the International Space station but not all the missions have been complete successes. An attempt to land another rocket so they could be used that as you see, elon musk says theres a good chance the it wont make the cut either. But that is not stopping him from trying because phil keating, that is what on for for nors do. They are alive at Cape Canaveral, it is exciting. As windy as it appears today, it was windy at the launch pad site yesterday and that combined with higher temperatures than we have to say at Cape Canaveral area that helps the space x launch team to scrub last nights attempt and focus on today. And at 6 30 eastern time, today 80 success rate. People are very excited. Especially space x and the private payload which is the property of what is being launched, a g a synchronous telecommunications satellite. The plan is for the space x rocket to go higher than it normally would, deploy the payload and send it off 22,000 miles from earth and bring the falcon 9 rocket vertically always back down to its autonomous drone shipped, 50 miles east of jacksonville floating in the atlantic ocean. Space x is trying to land its rock on the floating ship, four previous times, all four failed, up but they dont think is going to succeed because they dont have as much as they would but they are going to give a shot. Liz that is what is the right brothers did. Phil keating with the eyewitness you right there and nor doubt we will tell you how it goes. Closing bell for 34 minutes away and you can see stocks are jumping up 158 points, still not at highs of the session, we touched 11 minutes ago, 169. This, tim cook versus the fbi, is unbelievable. The story breaking moment by moment, vowing apple lasting correction site to the white house and continues to prevent the government from cracking over a the iphone in front of the San Bernardino murderers, the battle to protect privacy and safety of all americans. Jesus opening this will be bad for america. James bully the up next and exclusively live on what he anticipates will be the next controversial step in this epic