mary barra testified before congress on tuesday. she does this coming tuesday. >> that does it for us. "smerconish" starts now. good evening, i'm michael smerconish. for the second time in a month, i find i'm introducing myself to a new cnn audience. i just came aboard to host a program of my own which now airs on saturday mornings. the day my show launched which was march 8th, that was the first time malaysian flight 370 was in the news. i responded for information on the missing airplane many when we can provide answers to all of our questions, i'm looking forward to discussing the news from a perspective that i find to be lacking in the world of cable tv. one devoid of ideological bias.

i like to say the only people i meet who see the world entirely through liberal or conservative lenses are those whom i've rubbed shoulders over the years. when i'm leading my real life in the philly suburbs, pumping gas, shopping for groceries, i speak to people for whom the issues are a mixed bag. they are liberal on some, conservative on others. you would never know that from watching television. in the last 30 years we've experienced unprecedented polarization, consider that in the early '80s on ronald reagan's watch, a fulling 60% of the senate was compromised of moderates. today every senate republican is more conservative than every senate democrat. and every senate democrat is more liberal than any senate republican. compromise has become a dirty word.

that's the same time period that's marked the rise of a polarized media, i don't believe in coincidence, i see a causal connection, i'm trying a different approach. by covering the news of the day in a way that enhances your ability to reach your own independent conclusions. i myself have plenty of opinions they just don't fit neatly under one label. there is plenty i have yet to figure out. take a look at today's headlines, if you ask me, we should be doing less saber rattling in crimea and ukraine. i find it distressing that all the 2016 republican presidential candidates were sucking up to a casino magnet in vegas over the weekend. 6 million have enrolled in obama care, but i remain skeptical of the economic viability of the insurance pool, until i know who's in it, over the weekend i read the report of the law firm hired by the christie administration, it sounded more

to me like an advocate's brief than an independent search for the truth. i will make you one promise for the week, there will be no litmus tests for watching. and one more thing, i'm nervous. not because you're watching, but because my family is tuned in, my mother is one of 11 children. eight sisters and three brothers and one of my aunts called my mom when she heard that i would be on cnn in prime time, and she wanted to know whether she should tune in all of the tv sets in the house to cnn while i'm on. my answer by the way was of course, and be sure to set the dvr, too. now, let's get started. first off, ten planes and nine ships are closing in on the flight 370 search area right now. but forecasters are warning of bad weather and low visibility, so there's no telling how long they'll be able to search. my first guest is a man who

knows all about the difficulties of a search like this, peter goals is a former managing director of the ntsb, i've waited all day to ask you this question, is there any good news about the search for flight 370? i've been paying close attention to cnn for the last several weeks, it seems like every lead we get goes awry. >> unfortunately, there is not. and the reality is, we've discussed this from day one, that this search was going to be extraordinarily difficult and challenging. months, perhaps years, not days or weeks, and that's because of the enormity of the task. and the lack of hard data to even start to narrow down the search area. >> is it also the result of ineptitude? >> there is no question that the malaysian government and malaysia airways were overwhelmed by this at the beginning.

they have a guideline to fall back on that's the international civil aviation organization. an ex-13 guidelines on how to conduct investigations that are as complex as this. they apparently didn't fall back on that, they didn't use it, and during the opening week or ten days, there was a tremendous amount of chaos, and most sadly there was a lot of misinformation. >> reports as of this hour, anderson cooper just reported that it seems like time and again we spent time, they spent time looking at the areas that proved to be unfounded based on bogus leads. >> right, the early search toward beijing, toward thailand was a complete waste of time. and i know from my experience with something like this, you start with the radar, and you focus on that, you get the very

best people you can, and with radar, studying it, much of it is technological, a lot of it is art. knowing what to look for, particularly in this situation, where you had the transponder turned off, and you were dealing with raw primary returns. >> let me bring into this conversation mark anania. you said this is like looking for a needle in a garbage patch. i have been amazed time and again at these reports, oh, no, this was just garbage, in terms of how much garbage is in the ocean. speak to that issue. >> well, we're finding out every day just how much more garbage there is, not only in the indian ocean, in the north pacific, the south pacific, the north atlantic and south atlantic and dozens of other areas. >> what kind of garbage? >> most of it tends to be plastic, because plastic doesn't break down as rapidly as say paper or oregon beganic --

>> this is why when i go to trader joes, i have my own bag now? >> absolutely. >> we're talking about those bags coming back to haunt us? >> those bags, children's toys, anything you can think of that's made of plastic, if you look around your house or office, just imagine how much of that is plastic. >> where is it coming from? are some countries worse polluters than others? >> it's difficult to say what the source is of these vast garbage patches. some countries produce more waste than others. some waste comes from cruise lines or cargo ships. it tends to come from all of us since all of us use plastic and throw it away. >> are you surprised that by now three plus weeks into this, that garbage, debris from the plane has not yet come ashore to some land mass? >> given the nature of the ocean currents in that area, it's not surprising.

see what happens is, these are ocean geiers that just tend to swirl in a circular pattern slowly. like a drain of a bathtub, that's where the garbage collects. the indian ocean is thousands of miles across, and there's no land mass in that area where the garbage would collect. it's just out in the middle of a vast open sea. >> in terms of the models for this investigation, one needs to consider the dispersion route from the airplane to where it crashed in the ocean. when they finally find legitimate debris from the plane, it will have to be pieced back in a pattern where it eventually went down. >> if we find wreckage tomorrow, it could be hundreds of miles away from the crash site. when twa flight 800 crashed off of long island in 1996, we were in the debris field, we were

there the next morning, and it still took us three days to find the actual beginning of the debris field. >> doesn't that mean that there's no such thing as we've already searched there? you could be at point a today, and tomorrow debris could wash into the ocean currents into the area, it's not as if you could check it off your list, right? >> you can't check it off your list. in fact in the search for air france 447 which crashes into the south atlantic, they searched over the original area where they eventually found the aircraft during the first month of the investigation. and this is tremendously challenging. >> is there potentially a silver lining in all of this, that there will be a worldwide cause of action to clean up the oceans and for there to be less polluting, greater fines, more regulation? >> i think so. that's something all of us are hoping for.

this is drawing attention to something that is largely an invisible issue for most people. the indian ocean garbage patch wasn't discovered until 2010 by groups going across the ocean to see if there was a garbage patch there. similar to a fairly well known garbage patch called the great pacific garbage patch. >> the cargo containers? >> i came up from philly on a train, and you see them along i-95 stacked. i'm reading a tremendous number of them fall overboard? they're a part of the garbage picture you're describing? >> right, exactly. cargo ships, cruise liners and again, just about every river in the world drains into an ocean and it's full of -- carrying everything in that river into the ocean. >> mark, thank you very much, peter thank you as well, we appreciate you having been here. >> congratulations and good

luck. >> thank you, sir, i need it. the device that could have kept the plane from ever being lost in the first place. mike rodgers is getting out of washington, and i think i know the real reason why. peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

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um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally. we heard the same question over and over since flight 370 disappeared. how could a 777 with 239 people on board simply vanish? this image just might show the answer, a vast and changeable search area of hundreds of thousands of miles of open sea. on monday alone, planes and ships scoured 98,000 square miles of the indian ocean, and came up with nothing. they're out there again right now. but are we even looking in the

right place? that's our unfinished story tonight. weeks of not knowing has been torture for the families of flight 370, my next guest says it didn't have to be this way. my next guest is the ceo of a company that offers a tracking device that could have told us exactly where the plane is. you sir are an entrepreneur. i read you invested 700 million personal dollars when you acquired this company out of bankruptcy? >> we acquired the company in 2004. and have spent pretty close to that number investing in it during the last few years. it's been tough times at global star, that's over, a new constellation has been repopulated. and we are happy to be back offering services. >> so here's the question that i ask, is the market going to sort this out? we are all so frustrated, and i have to tell you, on my radio program for the last three

weeks, everybody calls with an example of saying, if i can track my iphone, why can't they find this plane? i said the other day, i flu home on jet blue across the country a couple days ago, watching cnn. if i can watch cnn in realtime, why can't we find the plane? you think you have a solution, what is it? >> the technology does exist and there's a next gen system that the faa is mandating which has a component called adsb. it allows you to track aircraft from a signal that is emitted from the belly of each airplane to ground infrastructure, the challenge with adsb is that a it's not rolled out everywhere, and it doesn't work in areas that can't see ground infrastructure, therefore. if you have service and tracking that you need to occur over an ocean or in deep canyons in places like alaska and so forth. you have to have an augmented

system. the augmented system goes over global star, and the result is, you can continuously track one second at a time for continuously across any trip and know exactly where an airplane is, that is invaluable, and in the case of 370, it would have told us whether the plane turned. whether the plane continued straight, and when it stopped emitting all together. >> is the government delaying the implementation of the product that you want to bring to mark sunset. >> they are not. we are in the process of certifying this new product at this time. that certification process is necessarily lengthy, the faa only wants to put these kinds of devices on aircraft after they're fully vetted. and the implementation path for the total adsb network is required in all aircraft by 2020. >> can the adsb that you're describing be dismantled?

if someone who's a bad actor wishes to shut it down, do they have the opportunity to do so? >> i think that's up to the faa. i see no reason at all why the system which we use couldn't be hard wired so it could not be shut down from the cockpit if in fact thats with a the problem in 370. >> is there any opposition to the programming methodology that you're describing from the pilots? i ask that question because i previously advocated the realtime transmission of cockpit data. i know that raises privacy concerns. they would have no issue with what you're describing? >> i have never heard that the pilots unit had -- pilots union had any problem at all with what i'm describing. i think it's a tremendous enhancement to what we all want to have in a post 2001 world. it just seems so obvious, and since the technology is there, let's use it. >> final question if i might.

watching this case as closely as you are, what stands out to you in terms of the evidence or lack there of that we now have? >> well, to me, it's all a great mystery. i don't have any further knowledge than anybody else that's watching it on the news. it just is sad that the information that would be available using devices like the ones that i've been talking about were not in use at this time. >> agreed. jay monroe, ceo of global star, thank you for being here. >> thank you. time is running out to sign up for obama care, more than 6 million people are on board, that may not be enough to make it a success. also the man who says it's in boeing's best interest if flight 370 is never found? [ male announcer ] first the cookie at check-in...

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the headlines that got the story half right, first up, from bloomberg.com, obama care enrollment heading to 7 million at deadline. here's what's going on in this story. the pundits like to treat this like it's a tote board at a bake sale. how many did they enrole. acting as if the economic model under the affordable care act is going to be viable. i think that's not the most accurate metric that we should be monitoring, and drew at man has written about this effectively, he makes the following point. what we really need to know is what's the relative mix of the sick and healthy. unless there's representation from both, then the economic viability under the affordable care act is not going to be something that could be

sustainable long term. a better question is to ask about the healthy and sick, and the risk pools are aggregated on a state by state basis. you need to know, what's the relative risk pool for each state. and in addition we should be asking, are the premiums going to be affordable? here's the headline i would have put on this story. the mix matters most. now, on to number two. representative mike rodgers leaving congress to host radio show. he has an awfully powerful position in washington. it's a republican controlled house. he's a former fbi agent and a very talented guy relative to his ability to articulate. he gives good sound. that's why you see him on television a great deal. i see this as a sign his leaving the congress and going to the world of talk radio of who really wields power in

washington, it's not the members of congress who are held in such low record by the public. it's not the members of congress continually plagued by partisan gridlock. no, unfortunately, real power is wielded by those who have platforms and microphones in front of them. far too often elected officials are taking too many of their cues from those with microphones instead of constituents in office. conservative radio hosts have more influence than the congress. the last headline from the new york times today as a matter of fact, u.s. agency knew about gm flaw but did not act. allow me to defend trial lawyers, full disclosure, i am one. i say that for the following reason, our civil system.

our civil litigation system often maligned is actually a great check on free enterprise. frankly, sometimes it does a better job than government regulation does. think about the following examples, the fab was slow to react to the vioxx cases. the consumer safety commission has malingered to its response on products such as bb guns. anybody remember the ford pinto? the reality is, that we know what we know about gm today because a georgia trial lawyer hired a florida engineer. they were able to piece together the defective nature of the product that was put into the stream of commerce. here's how i would have written this headline. litigation exposes gm ignition.

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welcome back, i'm michael smerconish. the mystery of flight 370 remains just that, a mystery. even after more than three weeks of searching for the boeing 777 with 239 people on board, we don't know where the plane is. we still don't know if there was a catastrophic mechanical failure. we still don't know if a terrorist or rogue crew member did something horrific. we don't even know for a certainty that the plane crashed. and the list of things that we thought we knew is just as long. we thought that the plane had to be in the south china sea, until we learned it had taken a sharp left turn. we thought that two passengers were stolen passports were to blame, until we learned they had no terror links. we just learned the last words from the plane were not all right, good night. they were good night malaysia

370. somebody somewhere knows something that they're not telling. it seems not all of these countries looking for the missing flight are too keen revealing to each other about the spying capabilities they have. indian officials were reluctant to discuss radar data along the bay of bengal. why? the area is a weak spot in that country's coverage. a limitation that they wish not to reveal. there have been complaints that china won't share all of its data, and that when it does so, the images have been altered to hide their true capability. thailand has come under scrutiny as well. the radar picked up the jet on march 8th. thai officials waited eight days to report that the list goes on and on. furious families are looking to hold somebody accountable. some are looking in the

direction of boeing? how do you know when a government or a big corporation is covering up? keith masback is here and has extensive experience in intelligence gathering. steven marks says the best case scenario for boeing may just be that the plane is never found. why do you say that? >> the plane has details such as the flight data reporter and voice data recorder. without that evidence we're left with all the speculation that is occurring right now. boeing is participating in the investigation, they have a great deal of information the public doesn't have, may have more information than the investigators. they're providing the investigators with information. they're steering the investigation as they often do.

on my right, the regional manager here for the australian transport safety bureau. i might just say a few words and then we will take questions. as you are aware, i was appointed to be the chief coordinator on monday. and i think many of you were at the press conference yesterday, where i gave a brief outline of what the rule would be.

the role of the joint agency coordination center is to work with all agencies. we will work at the international level, obviously there are 14 countries that have a stake in this terrible set of circumstances. we will be working with those countries on the various issues that arise. we will also be working at the national level to coordinate all commonwealth agencies and we will also be working very closely with the state government here in west australia. and then at the very lower level, when the families eventually come to perth, we will be working closely with them to ensure that they have a seamless experience. a trouble-free experience when they come to australia.

the center is operating just in the immediate vicinity of this whole. and i think the west australian government for giving us the use of those facilities. they're very good facilities and they are ideal for the task that we have been given. right now, we have 20 staff who have arrived in the last 24 hours or so. we are very much in the setting up mode. but we are doing very well, thanks to my deputy, who has done a magnificent job getting everything squared away in the first instance. and we will be working in the first instance very closely with the australian maritime safety authority because the main focus

at the moment is obviously the search and to ensure we reinforce the liaison around the search to the maximum extent possible. yesterday i was with the prime minister and the deputy prime minister and i was very impressed with what i saw. and number of nations working closely together to a common purpose. in this region we talked a lot about doing search and rescue together. i am talking about the military of the region. i guess this is the first time we have seen such a massive effort on a search and rescue activity and i was deeply impressed with what i saw and the way the crews were working together and clearly getting on very well together.

and i think it is wonderful that it is going as well as it is. another part of our role and my role is to ensure that we work closely with the official representatives of the 14 countries that have a stake in this. clearly malaysia is a high priority. the prime minister of malaysia coming here tomorrow. and he will be visiting on thursday in company with our prime minister. i will also a company that this it so i have an opportunity to engage with the prime minister of malaysia. but i intend to have a close relationship with the high commissioner of malaysia here in

australia. similarly, it is my attempt to meet with all of the high commissioners and ambassadors from the countries that have a stake in this. clearly china is a very important part of that engagement that i will pursue. in terms of the task today, we have ten military aircraft planes to go out there today and a civilian aircraft to provide command and control. in the near future that will change a little bit in that we will see the royal australian air force deployed an airborne early-warning and control aircraft. and they are a very capable aircraft that will assist us

with the conflicting the airspace in the search area appeared in that will be in addition to the force that is out there and the search area. we also have nine ships out there at the moment and obviously you heard ocean shield, which has the remote vehicle and also the painter on board, it is emirate to the search area at the moment. and recently arrived in western australia. the search area is very large. is fast and clearly an area the like of which we have not seen before on a search and rescue operation like this. the current such area is just to

give you some context about the size. in terms of the task ahead, we will continue pursuing the search with much vigor and i have to say in my experience, and i have got a lot of experience in search and rescue over the years, this search and recovery operation is probably the most challenging one i have ever seen. and i say that because the starting point, whenever you do a search and rescue, which is the last known position of the vehicle or the aircraft. in this particular case, the last known position was a long way from where the aircraft appears to have gone and i guess our expectation is that it has

crashed into the southern ocean. so having good data on which to mount the search is very challenging. we have the best experts in the world helping the australian maritime safety agency decide where the best area to search is. but i have to say is very complex, very demanding. and we don't have hard information like they might normally have. by way of comparison, if we look at the air france disaster in the atlantic ocean some years ago, that aircraft was flying a well-traveled route between south america and europe. so when the aircraft was on account for, the first thing was to go and search that area and the vicinity where the last radio calls were made and, of

course, within 24 hours debris was found on the surface of the ocean in two locations. two locations that were many kilometers apart, i might add. that provided a good starting point for the high technology that followed to find passengers and also to find the black box is. i might note that it took two years to find the black boxes. so what we really need now is to find debris wreckage from the aircraft and that will change the whole nature of our search because we will then be able to employ high-technology to assist us do the underwater part of the search. i might just leave it there and

my colleagues and i are ready to take your questions. >> [ inaudible question ] >> this could drag on for a long time. i think at this stage it is very important to pursue the leads, i will call them leads, the evidence that is being presented to us. i think they give us of starting point. is not the usual sort of starting point that we have but we have a starting point and we need to pursue the search with bigger and we should continue to do that for some time to come. inevitably, i think if we don't find wreckage on the surface, we are eventually going to have to

probably in consultation with everybody that has a stake in this review what we do next. one of the things that i am always struck by was here in australia we had a warship go down in world war ii. there were eyewitnesses who saw the ship disappear over the horizon. it took us about 60 years to find it on the bottom of the ocean. now we have much better technology and that would not happen in this day and age. but we are working from a very-very uncertain starting point. want to reinforce that because it will take time. it is not something that is necessarily going to be resolved in the next two weeks, for

example. >> [ inaudible question ] >> we have been searching for many days now and as yet, we have now recovered anything that has been connected. >> [ inaudible question ] >> i think in the first jensens the most important thing is to find debris on the surface of the ocean. there are a lot of people, a lot of experts around the world who specialize in these things doing computer modeling. looking at the possible profiles that the aircraft might have

flown to try to determine where it might have ended up. for example, an aircraft has a very small fuel burn at high altitude. if the aircraft was flying at 40,000 the hit would go a long way. thusly if it was down at 12,000 feet, it would not go so far. we don't know what altitude the aircraft was traveling at. we don't really know wat speed it was going at the then obviously we have some information that gives us some idea of the speech. so it is a very inexact science at the moment. would you care to say anymore? >> certainly. while you are seeing all the evidence on the ground here, in

the international aviation effort with all of the different aircraft flying, we have a very similar effort going into trying to establish with the best possibility of locating the aircraft and there is an international investigation team in kuala lumpur in touch with the experts we have here. there are x pilots we're talking to. analysis looking at alda oceanographic spirit a big team of international effort going into that. we believe we're looking in a place that gives us the best possibility as the information is refined, we may renew the effort but currently we have by no means exhaustive the search area yet. we will continue to make every effort we can to give the people who are flying the best probability we can. >> [ inaudible question ]

>> the search area we're using is based on the best information available to us. it is a vast search area and i think that is what is important to emphasize to you this morning. essentially, we do not have any precision in where the aircraft entered the water. and that is why if we can find a piece of wreckage, some degree, we will then be able to narrow the search to a much smaller area. and we will be able to start going underwater with high-technology with much more precision than we could right now.

>> [ inaudible question ] >> as a understand it, the speed has been determined on the basis of the pinks that happened over a period of time. we don't know what was happening between each one. we don't have any altitude data. >> [ inaudible question ] >> altitude this impacted the speed because i am getting very technical here but fundamentally, if you are at high altitude, your ground speed increases quite dramatically. if you come down to a low level,

your speed reduces. and just to give you some examples of that, if you are flying at 200 kilometers an hour at sea level, if you go to 40,000 feet, the same indicated air speed, you are flying twice as fast. over the ground. this. >> [ inaudible question ] >> the last place that we know with certainty where the aircraft was was up around the streets. and then the aircraft flew -- it appears to have flown for several hours after that. that is the problem. >> [ inaudible question ] >> no, i fully support the fact

we are out there searching the areas we're searching. we are looking where the calculations, the modeling suggests that the best chance of success will be. but i have to say, for somebody who has been involved in search and rescue operations many times before, the starting point for the search is one that does not give us the same level of certainty that we would have if we knew, for example, where the aircraft was. immediately before it it was lost. >> [ inaudible question ]

>> in terms of the investigation, under the chicago convention, malaysia will retain the responsibility for the investigation. obviously in these circumstances where the aircraft likely going and close to australia, i think we would be very willing to assist them and we have offered assistance in terms of investigation. i am sure there will be other nations which provide assistance to malaysia as well. do you want to say anything? >> no. >> [ inaudible question ]

>> i don't think there is a difficulty because we maintain a very good relationship with malaysia. we have seen wonderful cooperation between a number of nations in prosecuting this very demanding search and recovery operation in the southern ocean. and i think that level of cooperation will continue beyond the search face when we get into the recovery phase and later, when we get into the circumstances where we are investigating the accident. it by just take one more question please? >> [ inaudible question ]

>> that is one of the other principal reasons for setting up the joint agency coordination center. i heard this morning and i got a call from the captain who is running the operation that she showed up at the gate and he has taking care of her at the moment. i told him to give her my phone number and also to give her assistants to get her down to us so that we can fully brief her on what we are up to and what is happening. >> [ inaudible question ] >> no, i would ask families who need information to contact the joint agency cooperation center. i think you should note we have

only been set up for 24 hours. just before we go, is absolutely vital that if families have a concern and indeed anybody wants information about these tragic circumstances, they get in touch with our agency. >> [ inaudible question ] >> i am not going to comment on that. i think what we have got is more clarity on what was actually said in the last communication. is more formal the last communication was more formal than the one that was reported some weeks ago. but i don't want to focus on

that. and i might just call one more question and then -- >> we have been listening to a briefing coordinating the search for the malaysian airlines. no more news coming out of that but saying this will go on for a long time, the most difficult search and recovery he has ever been involved in. there are a few new assets being sent in, and early-warning aircraft to control the airspace around the massive search area which he describes as being passed and about the size of an island. he also said as we all know is crucial for them to find the debris. we'll have more on this story and right now from our viewers in the united states, after the break more on the mystery of flight 370. gunderman group. gunderman group is growing.

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this is a cnn special report, the mystery of flight 370. i'm don lemon. the "wall street journal" reporting that poor communication led to three days of searching far from where the plane is believed to be. so are searchers in the right place tonight? we'll check on that. also is there a new flight path for mh-370 and was this a criminal act? we thought we knew the pilots last words. "all right, good night" were not the last recorded words but good night, malaysian 370.