Search warrant when you find a device that cant be opened even though the judge there is probable cause to open it as i said it effects our Counter Terrorism work. You know, San Bernardino very important investigation to us. We still have one of those killers phones that we have not been able to open. Its been over two month ,h now. We are still working onz. It. But, despite that, apple chief executive tim cook has fiercely defended the security protections on apples devices. On your smart tone today your iphone, there is likely help information. There is financial information. There are intimate conversations with your family or your coworkers. There is probably business secrets. And you should have the ability to protect it. And the only way we know how to do that is to encrypt it. Why is that . Its because if theres a way to get in then somebody will find a way in. I dont believe that the tradeoff here is privacy versus National Security. I think thats an overly simplistic view. We are america. We should have both. And the brawl between the feds and apple is entering the 2016 president ial campaign. Donald trump weighed in on the controversy today. I agree 100 percent with the courts. We should in that case we should open it up. These are two people radicalized who were given a Wedding Party by the people that they killed. There is something going wrong. We have to be very careful. We have to be very vigilant to. Think that apple wont allow us to get into her cell phone, who do they think they are . Joining us now to analyze privacy and security attorney scott vernic alonghw with i have one apple and one profbi. You are on the tim cook side apple should keep this encrypting back door closed, right . Absolutely. Lets be real here. What is the court saying . The court is saying that its ordering apple to create a software that it doesnt yet have to break into this phone. This is a binary proposition. Either you are going to have encryption and protect us against everybody or put in a back door, create a weakness which is only going to be available to the good guys but also to the bad guys as well. Thats a radical step here. Phil, Everyone Wants security. Everyone is concerned about terrorism. But a lot of people say that once you give that back door, once you provide the software for a back door, the bad guys could get the key to that back door, too. Thats right. They do say that apple only had this encryption for the last year. In 2012, 2013, 2014, the bad guys there were breaches but you are talking about having to have a balance. To go back to one point. Hold on, is there a balance . Its either there is the soft wear or there isnt. I dont see where there is a balance. The government has the right to go into your isp and get your email. The government has the right to go to the hospital and get your medical records. The government already has these rights and these rights are limited by the courts. And no one is saying that the government will have the right to look at everybodys iphone to go into your house grab your iphone and use this back door. Not yet. What about it, scott . I already heard the new york chief of police already saying hey we may want to use some of this back door window to look into some other types of crimes. Murder rape, et cetera. You see therein lies the rub. Its a slippery slope. Once you create this it software that will enable Law Enforcement or Homeland Security to get past the pass words and look at the encrypted data, then everybody is going to want a piece. Thats why this doesnt work. I say and heresnruhe other thing. Here is the other sort of total misnomer here. If y3 do this, its not as if the bad guys, whoever they are the terrorists, state actors arent going to find some other kind of encrypted technology. They certainly will. Thats why we ought not to create this weakness. You cant create it for one set of people that we like and not have it for another set of people. What about that . There is so much information. Honestly we keep everything on our sma2 n phones. Our medical records. Our financial records. Can i throw you one more . Allegedly with this back door encryption. Being able to break into the encryption, there may be an opportunity for people, good or bad to get into your camera and your microphone on your nyy phone. You cannot say to me that apple doesnt know how to crack these phones. I dont believe it number one. Number two up until last year, we are talking about the capacity to erase all the data on your phone, if you enter 10 erroneous pass words. Up to last year the iphone didnt have that feature no one was talking about bad guys stealing everybodys information. Not stealing it they are not getting their hands on it under that. Whatever the numbers, 10 or 20 attempts, it wipes out the information. They are not getting and that kind of is the point right . Thats the point if you oppose any kind of government forcing apple to handle over this information. I think what apple could do is get this iphone, crack it hand over the information of this one iphone and thats the end of it but the idea that either everyones information is going to be for a free for all government to grab. This is not a bad idea though. Lets say they do crack the encryption or whatever they haven the iphone and get this information for the feds. They can develop a different type of encryption that wouldnt be able to be broken right . Listen, i dont know that they can do that apple deliberately created a system of encryption where they didnt hold the key themselves. And a the fundamental question here is. This. How much government intrusion are you prepared to ask for and how much government intrusion are you prepared to tolerate . It might make sense with respect to food safety or medical devices or pharmaceuticals or with respect to utilities. J here we are talking about your phone. As you point out. People have a tremendous amount of personal stuff on that phone. Health data. Financial information. Who they are dating. Who theyre seeing. The government already has access to all your tax records. That makes my point. Single payer healthcare. The government is going to have all your medical records anyway. Bill makes my point. Without this the government already has access to so much data. The question is do they really need access to more . Everyone wants this crime solved. Everyone wants the trail that these two murderers in San Bernardino took and see not about solving the crime. I know that. This issue is is about getting faruqs cell phone to find out if he has any trail to other terrorists. Thats right. I get that arent we so you solve a crime or you thwart one terror attack. Do you really want to open literally the rest of the population up to possible terror isis getting hold of all of our information . It already is a possibility that isis can get that there are other ways isis can find information. If you are using computer in internet cafe. Its not as if everyone in the world who is a bad actor is only using an iphone. Scott i want to ask you this. Do you really want, if that information is sitting right there for the feds to have in that device, do you really want it unaccessible to the feds to solve a terror attack . I say yes. The reasonable i say yes is that i think that you can work around, that the government Homeland Security fbi, whoever it is can work around that encryption issue. They can look at metadata. They can look at other sources of information that they have. To me, Standing Firm and not allowing government intrusion into personal data is a thing we ought to be very careful. Big big topic and not going away any time soon. Apple backlash. Should americans walk away from the computer giant unless it helps the feds . In a big debate upcoming. When youve got a house full of guests on the way and a cold with sinus pressure you need fast relief. Alkaseltzer plus severe sinus congestion and cough liquid gels rush relief to your tough symptoms. To put you back in control. [doorbell] woman coming alkaseltzer plus sinus. Love drama . Go on a first date. My passion is puppetry. Here . I think were done here. Hate drama . Go to cars. Com research, price, find. Only cars. Com helps you get the right car without all the drama. In the impact segment tonight, should americans turn their backs on apple if it continues to defy the court order and the feds and not help them hack into the iphone of one of the San Bernardino terrorists . With me now in new york monica crowley, Fox News Contributor and jeanne zano, a political professor at iona college. I started with the apple guy in the a block. Antiapple people should walk away from apple if they dont hack into their iphone. I think apple is making a big mistake. Bordering on unamerican and unpatriotic. If i had information that was detrimental to the security of the United States potentially. I would be forced and you judges order to go and a reveal that information. A Corporation Like apple that is an american corporation, there is no difference. And i appreciate their interest in privacy although i think there is a profit motive there. I am af huge proponent of privacy. But you. Not profit . I like profit too eric. One of the biggest it were selling point iphone encryption cant break through. Asking apple to take that out of their product. I think every consumer should make their own determination and judgment based on this case whether or not they still want to buy apple products or not. Its a free market. Buy if you want. Dont buy if you dont. To your point about the encryption for apple. This is part of the reason why apple is becoming the company of choice for terrorists, sex traffickers child pornographies because the encryption is so tight. Look the fbis position. Is that making the case for apple or against it . You are almost making the case maybe its too good the encryption. This case is the perfect collision of National Security with privacy. Right . Which is something that we have been arguing since 9 11. The fbis position is look you have ax dead terrorist we need to see in the phone to see if they had other contracts. Totally legitimate rg argument. Eye prepared to track whatever they need especially terrorists too do whatever they can to keep us safe. Apples position is look you are not what the fbi is asking for here is not the specifics on these two terrorists phones. What the fbi is asking for is overly brodz demand, an overly broadway to break encryption into any iphone anywhere. Once the software do it theoretically use it on any phone. Master key. Let me flip this discussion on its side a little bit here. A lot of people who are concerned about terror, about waterboarding, for example, we have got a lot of information from waterboarding. It helping to kill usama bin laden. Would you say the same thing here by any means necessary . Is that what you are saying that apple should turn it over . As much information as we can get no matter what who i dont know personal liberties are violated. No, im not saying by any means necessary. Lets put this in perspective. This was not his phone. This was a county phone. The owner of this phone is fine with the judges order. The judges order is not overbroad. Its narrow. It does require them to build the software to get into the encryption. Its for this specific phone. Its the same thing. You mean, once its out there as monica points out its the master key. Is that slippery slope doesnt work. If there is a judges twoornt break into your car because you have potentially information there on how to build a bomb, can you bet you are the government is going to do that they have a right to do that. They need to keep us secure. Apple is in no position to resist that call from the government. You know, that is where apples problem is. They are not protecting our privacy. They are protecting their profit motive because this is a big selling point for them. Last thought . I think look, consumers, i think when they choose a phone. This is where i carry a blackberry right . You want as much privacy as you can this is why the president carries a blackberry and kardashians same thing. We are dealingy n. A murky area. An area we have been struggling with since 9 11. The fbi today has come back and said this is not an overly broad request. Let me just point this out. Camera one. One of each. One of each. Got all the bases covered. Up next on Oreilly Factor special. Donald trump bashes president obama and his terror fighting record. Whattrumps own plan to keep america safe . We will get into that in a minute. No other nasal allergy spray can say that. When we breathe in allergens our bodies react by over producing six key inflammatory substances that cause our symptoms. Most allergy pills only control one substance. Flonase controls six. And six is greater than one. Complete allergy relief or incomplete. Let your eyes decide. Flonase. 61 changes everything. Donald trump people love me. Donald trump. Look past the boasting and youll see right through him. He supported partialbirth abortions. His phony Trump University . Accused of fraud. He tried to seize private property to line his own pockets. Four bankruptcies. And Small Businesses screwed over. Poll after poll shows him losing. To Hillary Clinton. If trump wins, conservatives lose. Right to rise usa is responsible for the content of this message. We need to be ready for whatever weather may come our way. My names Scott Strenfel and im a meteorologist at pg e. We make sure that our crews as well as our customers are prepared to how weather may impact their energy. So every single day were monitoring the weather and when storm events arise our forecast get crews out ahead of the storm to minimize any outages. During storm season we want our customers to be ready and stay safe. Learn how you can be prepared at pge. Com beprepared. Together, were building a better california. In the election 2016 segment tonight, donald trump and the Security Threat against america. Trumps tough talk is helping push support to new highs with republican voters. The latest National Quinnipiac poll shows trump with a 2 to 1 lead over rivals coming in 3 the . Marco rubio second place at 19 . Followed by each have 4 . Meanwhile, president obama threw a big piece of red meat to trump yesterday stating trump will never be president. Trump, of course, wasting no time to give a response. He has done such a lousy job as president. [cheers and applause] you look at our budgets you look at our spending. We cant beat isis. Obamacare is terrible. Were going to terminate it. Were going to absolutely terminate and replace it you look at everything. Our borders are like swiss cheese. This man has done such a bad job. He has set us back so far. Joining us now with reaction from nashville the Tea Party News network to they nell hughes and prosecute atlanta republican strategist kevin paul. Kevin, we will start with you. You dont think Donald TrumpsForeign Policy either platform is working for them. Look at the numbers sir. They look like they are doing pretty darn good. It is definitely resonating with voters. Foreign policy in particular and leadership in general are about two things, clarity and consistency. Clarity is are you you clear about it and consistency is do you keep saying the same thing. Is what you say what do you . You have got to understand. This obamas Foreign Policy is reckless, not as muchv because he is weak but because he waivers whether its the red line in syria or ukraine in russia. Here is my issue with trump. Its not his clarity. He is very clear on what he is going to do. But his policy changes over the years makes me worried and i think its going to make our allies and enemies worried when he is very clear is that same clarity going to hold true six months month from now a year from now its can trust us and enemies respect us. Hold on, scottie nell, what are the Foreign Policy changes that kevin mentions . Well, thats kind of what i was wondering. Mr. Trump has admitted on social issues he has evolved just like Ronald Reagan did but on these Foreign Policy issues, i think he has been pretty consistent. Is he saying is he not going to sit there and declare a war on very temperamental leaders in china and russia. Rather, is he going to it earn their respect. You know, i like that idea of earning respect and being the biggest power house in the world. And not necessarily because we have to use it but because people fear us. Its kind of like insurance. I think mr. Trump has been that same way. He is also not going to be some sort of neocon that is going to go in and start bombing people without knowing what actually the end result and what it is for america. Let me get back to kevin. Which raferg are you talking about . You point out that president obama, his Foreign Policy was weak because he has changed his stance but then you say donald trump which policies . Im trying to figure it out. Go. Donald trump going heavily after Hillary Clinton is the same guy that said she was a great secretary of state a few years ago. Dont get me i dont wrong, donald trump is is a great deal maker. I actually think that would be hugely thats not Foreign Policy. Thats a compliment. You levied it you said is he wavering on Foreign Policy stance. What is it it he is wavering on. As a citizen he says Hillary Clinton is a great secretary of state. Thats an opinion of a former secretary of state. Not a Foreign Policy. I mean, has he said he agrees with everything she did. Her positions. Endorsement of her positions as secretary of state. No its not. Going to endorse that. If you consider that to be endorsement thats a kindness right there. You have to remember he was a private citizen. I think its a laps in judgment. No, its not you can still say nice things about people and not necessarily endorse them. Let me tell