Rubio Closing Gap on Trump in Florida; Justice Department Appeals Apple Ruling by New York Court; Michael Bloomberg Won't Risk Running for



Apple Ruling by New York Court; Michael Bloomberg Won't Risk Running for

President; At Least 14 Injured After Commuter Train Derails in California;

Fox Sports Reporter Erin Andrews Awarded $55 Million in Lawsuit; Funeral of

Former First Lady Nancy Reagan Scheduled to be Held at Ronald Reagan

Library; Oil Prices Rebound from Earlier Losses after Disappointing Trade

Data from China - Part 2>

Dagen McDowell, Meghan McCain, Jo Ling Kent, Cheryl Casone, Nicole


Phil Flynn, Lea Gabrielle >

Donald Trump; Michael Bloomberg; California Commuter Train; Erin Andrews;

Nancy Reagan; Oil >


FLOCK: That his supporter, Maria, said he thought maybe Donald Trump would divide the country more even than President Obama, and that's why he says I've got no problem with a contested convention. Proportionally, was the word I was looking for earlier about how the delegates, those 59 delegates will be distributed. It's not a winner take all, but it will be proportionally. So we'll see how the votes stack up, Maria.

BARTIROMO: Alright, Jeff, will be checking back to you throughout the day, thanks so much, Jeff Flock, this morning. Marco Rubio, meanwhile, closing the gap with Republican presidential frontrunner, Donald Trump, in a potentially make or break contest in the senator's home state. A new Monmouth University poll shows that Trump is leading Rubio by just 8 points, but if Rubio does not perform well today, will he even make it to his home state primary next Tuesday. Joining us right now is billionaire investor and Paul Mitchell co-founder and chairman, John Paul DeJoria. Good to see you, sir, thanks so much for joining us.


BARTIROMO: Who do you think business wants in the White House? Tell us where you see it from business's standpoint?

DEJORIA: Well, right now, I would say the majority of people in business are rather disappointed in all the candidates and what they're saying. I just say that, you know, doing business is dialog, it's not fighting. So, it's really difficult to say who would be the best right now. I think each one wants to be the best and say they'll be the very, very best. Obviously, when you go a little bit too far to the left, maybe it's not the best thing for business because people still say, stay overseas with their business. So, I would say be probably someone more on the right with the Republican Party, but which one is very difficult to tell right now. On one case you have a businessman, I've always promoted I have a businessman in office, they can straighten thing out. But I was never promoting this to have a businessman that would piss a lot of people off.


DEJORIA: . especially foreign countries.

DAGEN MCDOWELL, FOX BUSINESS NETWORK: But John, Donald Trump, in his excitement, if you will, he's just reflecting how a lot of Americans feel, that they have been cut out, that free trade has not helped them. Their wages are not growing and traditional politicians have not listened to them, and I don't mean for the last eight years, I mean the last 30 years, as these jobs have gone to Mexico, China, and elsewhere.

DEJORIA: You know, he's so right, with all due respect to Donald, Donald, you're right on that one. Because whether it's the Democratic Party or the Republican Party, they make all these great promises and they don't follow through, rarely that they follow through, it's all politics. And people want to say, hey, this is not us, let's get somebody that will change it. And I don't believe that Donald Trump would even have a shot at being president if it wasn't for both sides being rather upset with politics the way it is. A great example is the majority of people are against Obamacare. They saw their insurance rates go up, I'm all for everybody getting health care, everybody deserved good health care, but not the way they went around it. And they look at the various Republicans that have said, hey, put us in the senate, put us in the House of Representatives and we're going to change things. Put them in there, and very little was done. So both parties are, shall we say, not as respected as they should be in the United States, and we, the people, want a change. Not just promises, we want a change. I tried to start an accountability pledge and I put it on-line, where as a politician, here is what you're promising the nation, will you please write it down and say I will do this, this, this, if elected president. If I don't do it my first year, or tell you why I haven't done it, what the obstruction is, and why I'm doing it the next following year, what's in the way, then I will quit. If I don't quit, impeach me.


DEJORIA: That's accountability and people just don't do that, and the American public knows that. So we get a bit disappointed with those that we really, really trusted and those we thought would make a change. So here comes along another person, and its Donald Trump, totally from the business world, totally different than the other people we thought would change everything. And people thought, well, this guy didn't do it, this guy didn't do it, he may be off the wall a bit, but, by gosh, maybe he's got the strength to pull it off. However, what people forget is this, there's a certain segment that love Donald Trump, if Rubio drops out, his people, I don't know if they're going to follow Trump or not because those two are battling at it. If they go more towards Rubio now -- I'm sorry, they go more towards Cruz.

BARTIROMO: Cruz, yeah.

DEJORIA: . now Cruz will probably lead Trump in the very, very end.

BARTIROMO: Yeah, see, this is the thing.

DEJORIA: . this would be a very interesting few weeks.

BARTIROMO: . I think Marco Rubio is not going to drop out before Florida. He's made that very clear, right? And not only that, but if he were to do that, then he totally gives it up to Trump. I mean, you know, or Cruz, so, you know, the followers will go, some of them may go to Trump. So, I mean, I can't imagine he pulls out before next Tuesday. What do you think?

MEGHAN MCCAIN, FOX NEWS CONTRIBUTOR: I just want to know what you think is worse for his narrative, if he loses to Cruz or he loses to Trump. Like, which is worst for his career long term, he's not going to be in the senate anymore. He's still the young guy with a bright career, which one you think is worse.

DEJORIA: I think that he's a young man with a bright career. And if he starts thinking about which one would be worse for him, then he's not the man we think he is. I think he's a young man, no matter who jumps ahead of him, if he just stays in there. Look at Richard Nixon, Richard Nixon just stayed in there, stayed in there, and finally got elected. If anything, Cruz, as being the young man has a good shot at getting back in to, let's say big politics, regardless of who tops him.

BARTIROMO: Do you think Ted Cruz can beat Hillary?

DEJORIA: Ted Cruz could definitely beat Hillary. Yeah, he could.

MCCAIN: I agree.

DEJORIA: I don't think our nation wants another eight years of what's been going on in Washington.


DEJORIA: . and I don't think they want that.

JON HILSENRATH, WALL STREET JOURNAL CHIEF ECONOMICS CORRESPONDENT: We always say elections are about the economy. How is the economy doing? You're out there in the business sector, what are you seeing happening? Are people spending money?

DEJORIA: Good question, yes, they are. And I can say that from a point of view of beauty salons as well as the spirits industry. Patron is up, people are spending money on higher end tequila to, shall we say, treat themselves. More people are going to salons now than several years ago, that's a great -- good sign. Also, take a look at the economy, look at savings, the average person has about 5 percent of their income is being saved right now, and that wasn't so, it was negative back in 2008. The economy is getting better. The people are getting stronger. And the people are being more, shall we say, delicate on where they spend their money. They're really watching it carefully, but they are spending it, and we're going to go the rest of this year and next year with a great economy. No matter who gets into office, we, the people in the business of America, will continue to grow. I think that the only thing that will slow it down is if the wrong people get into office and upset people internationally, or upset the business community, bringing more regulations, that could slow things down.

BARTIROMO: Yeah, it's interesting how the recession fear seems to have faded last couple of weeks and months. JP, good to see you, sir, thanks so much.

DEJORIA: Always a pleasure, thank you.

BARTIROMO: John Paul DeJoria, there. Don't forget, Mornings With Maria, starts every weekday at 6:00 AM Eastern, right here on the Fox Business Network. Before we take a break, check out some of the best moments you may have missed from earlier on the show.


UNINDENTIFIED MALE: I'm fiscally conservative and socially liberal. I think that the GOP has almost completely devastated itself and something new will arise.

UNINDENTIFIED FEMALE: This is a woman who did not want that out there. She is not -- was not seeking to have that out there. She did not want a sex tape like to make money to get more people to watch. She's not someone like, you know, that want to do that. I'm sure some people out there that want, you know, Kim Kardashian, but, you know, she's not like that. She did not want that.

UNINDENTIFIED MALE: If the economy was really falling into the tank. You would see more of the cyclical stocks being hit, but if it's really, you know, for instance, tech stocks got hit, it's really just about people reallocating their portfolios and selling last year's winners.


UNINDENTIFIED MALE: . then I think that washes out and the economy gets back on its feet.

MCCAIN: Right now, I feel like the last eight years of work a lot of us have done to try to make this party bigger and reach out to minorities is literally being deconstructed in front of my very eyes.

UNINDENTIFIED MALE: You know, a kin to a private e-mail server, that one seems to me to be something everybody is sort of like mystified by that. We've never seen anything like that before. That doesn't mean you can't prosecute in that area, but, you know, you have to be careful about prosecuting in that area if the defense is essentially good faith.



BARTIROMO: Welcome back. The Justice Department now appealing a previous New York court ruling in favor of Apple, Jo ling Kent, with the new details, Jo.

JO LING KENT, FOX BUSINESS NETWORK: Yeah, that's right. The Department of Justice requested a Federal court judge reverse a ruling, and you might remember by the eastern district of New York which that the Federal government does not have the authority to force Apple to bypass that pass code to access a drug dealer's lock iPhone, it was a meth case. And prosecutors have appealed saying, quote, this case in no way offense the balance between privacy and security, basically pushing back. Now Apple been using this original ruling to help justify its protest of the California court order to hack in to the iPhone 5c used by one of the San Bernardino terrorists, who killed 14 people and injured 22. Apple have now responded to this action by the Justice Department, telling Fox Business in a statement, quote, we share the judge's concern, a misuse of the all writ act would start us down a slippery slope that threatens everyone's safety and privacy, Maria. So this continues to be a back and forth fight at multiple levels, the corporate level, the legal level, privacy, everything.

BARTIROMO: Very, very tough story, very tough position. Meghan, do you have a position on this?

MCCAIN: I mean, Dagen, I agree, anything that I can do to help national security, they stop these bad guys from doing this over again, I don't have a problem. I understand that people think this one key encryption to all phones needs to happen. I don't understand why we can just hire one crazy hacker to get into this one phone and solve our problems.

BARTIROMO: That's right, but that's not the issue. The issue is are you going to allow -- are you to force the government -- are you going to force Apple to create this software which will enable much bigger access. That's the issue.

HILDENRATH: Do you trust the government to have this kind of information in its hands if it wants to do two, three, or four cases.

MCDOWELL: The government would not have that. The way that that San Bernardino case is, Apple retains control of the key of the software. The government never takes controls of that.


BARTIROMO: But Apple is saying once the program is out there, it's out there.

MCDOWELL: It is, and the government will use that precedent-setting case in all the other cases, so in effect, it would lead to the opening of other phones.

BARTIROMO: And other governments. Did you see recently Brazil jailed that lead of that leader at Facebook in Brazil? The guy who runs Facebook in Brazil is sitting in a jail cell because he wouldn't give the Brazilian government access.

KENT: The issue here is really about the intersection of privacy and security, but also corporate and government relations here because you see Apple have spent millions and millions of dollars lobbying the government over the years for various products and cases, and then now, when they change their position on one thing, it's completely turned things around because it's a case of serious terrorism. That's what's at stakes here and the precedent could be permanent, in fact, if they go through the courts, and the other question, do you go through the courts or do you go through the legislature, and can the legislature actually produce something in any timely fashion, probably not.

MCDOWELL: Apple wants the congress to take care of it.

KENT: Exactly. MCDOWELL: . so there is a legal standard. And I'll point to this, Apple needs to talk more about what kind of relationship it has with the communist government in China.


MCDOWELL: . in terms of access of that government has to the phones in that country because.

KENT: It's no secret they lobbied the Chinese government for many years in order to develop partnerships with the state-owned.


KENT: . providers. But also here, you have the FBI.

MCDOWELL: So they've talked about that.


MCDOWELL: I'm suggesting that. If they're not, they should say that.

KENT: Well, for the record, FBI director, James Comey has said he wants to go through congress as well, but for this particular case he can't because there's so much at stake and they need to access that phone.


KENT: They don't know what's in it or what could be in it.

BARTIROMO: It's a tough, tough story, Jo, thank you very much. Coming up next, a garbage truck falls more than 100 feet from an interstate overpass, you'll never believe the condition of the driver, that's next. And before we take a break, here is soon to be NFL hall of famer, Peyton Manning, holding back tears as he announces his exit from the game he loves.


PEYTON MANNING, DENVER BRONCOS: I love the game. So you don't have to wonder if I'll miss it, absolutely, absolutely, I will.



BARTIROMO: Oh, it was one couple's big day, but that did not matter to this little boy. This video shows him pouncing on the bride's dress as she walks down the aisle, Cheryl Casone with a look at all the can't-miss-clip this morning, Cheryl, good one.

CHERYL CASONE, FOX BUSINESS NETWORK: Oh, man. You think mom was a little upset about that one, Maria? I don't know. Oh, man. Well, people talk, I've got to get you this one, this is a good one, people talk about golfers with the million dollars swing. Here is a real million dollar swing, this is golfer Rickie Fowler, he hit a hole in one at Ernie Els's autism event in Old Palm Beach Golf Club in Palm Beach, Florida, watch.


UNINDENTIFIED MALE: oh, yeah, good line. Go in, go in! Oh!



CASONE: What was so cool about this, it was a 111 yard shot, it raised millions for autism research and education program through Els's for autism. So, obviously, the crowd went wild. Well, amusement park giant, Six Flags, adding virtual reality for the first time in North America, it's selection of its roller coasters this year, thanks to a partnership with Samsung, virtual reality headsets are going to be feature at nine Six Flag parks, you can pilot a fighter jet, you can battle through mother earth, even be Superman in virtual Metropolis. And so, I'm kind of interested in that one. I usually don't like rollercoaster, but I'd sign up for that one.

And finally, dash cam video, got to share you this one, a garbage truck freefalls 75 feet off an overpass in Miami. The truck plowed through a concrete barrier, plunged into a parking lot, we just watch it again, the driver lost control after hitting a guardrail. He had serious injuries, I mean, yeah, but he released from the hospital, nobody else was hurt. But he's lucky to be alive, frankly, but that video, just, again, you watch it over and over and you just can't believe it's happening.

BARTIROMO: That's unbelievable, Cheryl, thank you. We are about 40 minutes away from the opening bell. Nicole Petallides on the floor of the New York Stock Exchange right now, Nic, good morning.

NICOLE PETALLIDES, FOX BUSINESS NETWORK: Good morning, Maria. Of course, everybody continues to watch oil, watching commodities, closely oil above $38, so that's a big story here. Gold is higher. And two names, Shake Shack and Urban Outfitters, one higher, one lower. Shake Shack, when you come out here, this is a stock that quadrupled from the IPO to $21 IPO, but you know what? It's half that share price over the last nine months and the outlook is weaker than expected, so as a result you are likely to see Shake Shack open to the down side, maybe about 8 percent, same-store sales out looks weaker than expected. On the same hand, Urban Outfitters is looking to the upside, doing very well with their Free People brand, and that those sales are better than expected, as a result that's looking up about 9-10 percent this morning, Maria.

BARTIROMO: Alright, Nic, thank you. Don't forget to start your day every day with Nicole on FBN:AN, catch it right here on the Fox Business Network, right before, Mornings With Maria, at 5 AM Eastern. Futures pulling back this morning, oil continues to edge higher. We've got this morning's market moves for you next, back in a minute.


BARTIROMO: We've got markets opening in about 40 minutes this morning and we're expecting a lower opening for the broader averages, final thoughts this morning, Jon Hilsenrath.

HILSENRATH: We talked a lot about politics, but we should be talking about the economy. It looks like we got through a bit of a storm over the last couple of months.


HILSENRATH: ECB is going to be easing policy even more. That could be a boost to markets.

BARTIROMO: Thursday is the big meeting and then a news conference, ECB.

HILSENRATH: Then we've got the Fed in a week and I think we're breathing a sigh of relief right now that the economy hasn't been hurt more by what's happened in financial markets.

BARTIROMO: We've been talking about this, I do feel like things have turned a bit of a corner. Dagen, do you see it that way?

MCDOWELL: I thought it's going to happen late last year.


MCDOWELL: . in terms of the gas savings. Small business optimism actually hit a two-year low. So there's definitely some sense of unease that's still out there. And I think as we move through the presidential election season, if there's more uncertainty with who these candidates are and what they would do if elected.


MCDOWELL: . I don't think that that helps wipe away that, at least until November.

BARTIROMO: And Trump is an unknown, Meghan.

MCCAIN: Right now, I'm looking forward to seeing who -- which senators come out to support Cruz because right now there really is two-thirds of the Republican Party is not supporting Donald Trump. There is a break within the party I've never seen in my lifetime, and we'll see how many establishment candidates come out to support Ted Cruz, who once upon a time was the most unpopular man in the senate.


MCDOWELL: I don't know if establishment support, the support from other politicians helps Cruz. You know, you get a big.

HILSENRATH: It helps Trump.

MCDOWELL: It helps Trump. Everything, every spitball, every ball of mud that's been thrown at Donald Trump has done nothing but help him.

HILSENRATH: And the more the establishment attacks him, the more it rallies his base around him.


MCCAIN: I think it's debatable. I think if you have Senators like Lindsey Graham, who I think you could call arrival, he said someone could shoot Ted Cruz on the senate floor and no one would convict anyone. I think if you have senators like that coming out to support Cruz, it really shows alignment within our Republican Party against Donald Trump, who many of us still believe is not only not a real conservative but not really a Republican.

BARTIROMO: Yeah. It's interesting because Ted Cruz went into this as like the least desirable candidate for a lot on the GOP and certainly in the senate.


MCCAIN: I would do, I would do everything and Ted Cruz once upon a time was one of my least favorite senators, right now he's looking real good. I'm 100 percent support behind whomever it is that's not Trump.

MCDOWELL: But Trump is a magnet for the working class. It's really exciting to see how the people of.


MCDOWELL: . Michigan comes out and vote for him.

HILSENRATH: This is very well in Michigan.

BARTIROMO: Michigan and Mississippi. MCDOWELL: . and I doubled checked this morning and correct me if I'm wrong, this is an open primary versus the four corners over the weekend. Cruz does better in closed, where his Republicans only. This is structured today to benefit Donald Trump, certainly, in Michigan.

MCCAIN: Yeah, the gamble is will there be enough white working class men in this country, which apparently this is the gamble he's betting on to be again the nominee, but at a certain point in the general election, things are going to get real.

BARTIROMO: And you also brought the Hispanic vote which you say it's -- the math is not possible, he cannot win without the Hispanic vote.

MCCAIN: There's all these articles varying are talking about how people are becoming citizens, Hispanic people are becoming citizens simply to vote against Donald Trump.

MCDOWELL: He has the ability though to tone down the language, we've seen it. In the speech he gave, or press conference he gave after the Super Tuesday victory.


MCDOWELL: He has the ability to sound more presidential.


MCDOWELL: I don't think it alienate him, I think it helps across the board.

MCCAIN: How much damage has been done.

MCDOWELL: I completely agree, who knows.

BARTIROMO: Great conversation, guys. Jon Hilsenrath, good to see you, sir.

HILSENRATH: Good to be here.

BARTIROMO: We'll see you soon, Dagen McDowell, Meghan McCain, good to see you both, thank you so much. Make sure to stay on Fox Business for our coverage of today's caucuses and primaries. A special coverage will begin at 7 PM Eastern, right here on the Fox Business Network, be here. Tomorrow morning, former New York City mayor, Rudy Giuliani, Manhattan district attorney, Cyrus Vance, Jr., and former senate majority leader, George Mitchell, big show tomorrow, join us as we are live, it all starts at 6 AM Eastern Tomorrow, right here on Mornings With Maria. Have a great day everybody, we'll see you tomorrow. That will do it for us, Varney & Co., begins now, Stuart, over to you.


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(Show: MORNINGS WITH MARIA) (Date: March 8, 2016) (Time: 07:00:00) (Tran: 030802cb.231) (Type: SHOW) (Head: Super Tuesday Part Two as Clinton and Trump Roll Towards Nominations; Obama's Plan to Close Guantanamo Bay; Sharpova Failed Drug Test at Australian Open) (Sect: News; Domestic)

(Byline: Maria Bartiromo, Meghan McCain, Dagen McDowell, Cheryl Casone; Jared Max)

(Guest: Star Parker, Robert Ray)

(Spec: Politics; Polls; Elections; Stock Markets; Business; China; Prisons; Guantanamo Bay; Government; Policies; Terrorism; Security; Maria Sharapova; Sports)


DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I want to build up -- you know, our military is total be depleted. Nobody is more conservative when it comes to trade than I am.


MARIA BARTIROMO, FOX BUSINESS NETWORK HOST: Will he march closer to the Republican nomination? And will Marco Rubio be forced to drop out before Florida? We're on it this morning.

Michigan will be key for both sides of the race. Bernie Sanders and Clinton fresh off of the Fox News town hall debate last night. We will take you there, live.

For Michael Bloomberg, meanwhile, it is over before it even began. Why he says now, running for the White House is a risk he will not take.

Breaking news overnight -- a commuter train derails into a creek in California. Hundreds of people on board, but only 14 were injured.

A huge payout for Erin Andrews in her lawsuit over a secretly recorded video at a hotel. The details on the verdict straight ahead.

We'll get global markets. This morning, fresh concerns about China's economy slowing down. Exports out of China fell more than 25 percent last month from a year earlier. The latest sign of China slowdown. Asian markets mostly lower as a result. The Shanghai Composite eked out a slight gain overnight. In Europe this morning, weakness across the board. On the China news, mining stocks hit hard. Falling oil prices this morning also weighing on sentiment after a big rally the last couple of days.

Back in the U.S., we're looking at declines at the opening of trading. Take a look. The Dow Industrials off at the worst levels of the morning, but nonetheless, looking at a decline of about 80 points on the Dow Jones Industrial Average.

We begin this morning and this hour on the race for the White House. Hillary Clinton and Donald Trump steamrolling towards a November showdown. Both frontrunners on the campaign trail yesterday with Hillary making a big vow regarding the Republican frontrunner and Trump using more tough talk to fend off protesters.


HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: You got to say this about him. He's an equal opportunity attacker. He's attacked Mexicans, he's attacked people with disabilities, he's attacked women, he's attacked Muslims. He has just gone after everybody. We will not let a person like that ever become president of the United States.