tv Smerconish CNN April 3, 2014 9:00pm-10:01pm PDT
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pinging right now, they're starting to look for it. you could hear his statements about working together. it's amazing the energy in an investigation how it changes at this point. a lot of it's been going on and i'm glad to see it coming together. >> thank you very much. in just a short time ago the head of the joint agency said this about the search. >> how the aircraft might have performed, the speed at which it might have been flown, the altitude at which it might have been flown and all of that has been used to try to determine
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where the aircraft might have entered the water. >> he also said they're looking underwater, using the locators and acoustic year. the search area is being adjusted on what he called a semiregular basis. he vowed it would keep going as long as there is hope in finding the missing plane. want to go straight to cnn reporters, nic robertson and kuala pour. and first to you, teams will be searching. tell us about the conditions right now. >> you hurt and is used unmentioned the whitecaps. it can pose problems doing a visual search. take a look at the ocean, these conditions are similar to what is being described right now. you are not seeing white caps, that is the good news. the clouds are lower right now, 1,000 feet above sea level. these plans are well equipped to fly as low as 300 feet above the water doing the visual search.
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the last cloud cover, the better when you talk about visibility. down around six miles. the conditions are fair today. >> you have been with the families, you reacted with them, telling their stories. how do family and members react and how do you think they will react from hearing on this news conference beginning in the smaller area, will that give them home? >> it will. what they have been looking for is professional effort on all of this. they are encouraged there is a strong international effort in australia off the coast of australia. to hear briefing like this it will encourage them. they want on that very fundamental simple thing. they want to know what happened to the aircraft. want to have the first piece of wreckage to identify. that is the information they're not getting right now,
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incredibly frustrated. the head of civil lineation last my was not able to tell them even if the plane had crashed. very painful for them. and this sort of press conference will give them hope. they have heard this sort of thing many times before. it may get their hopes up briefly. we will see in the coming days. >> thank you. i want to bring and jeffrey thomas. also a safety analyst, david soucie. angus houston said they had some data that arrived only recently. did it sound to you they add new information and new line analysis on this old data? >> it does. like the other experts on the panel, great confidence in what we had. it was very measured, it was of
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beet and from what i am hearing, they are getting new data, being refined. and there seems to be an air of confidence that it is a big notion but we're getting closer and closer to where the airplane might be. >> i'm interested, you keep saying it is a real milestone in the investigation. specifically what bank is used in said to make you be so optimistic. >> you talk about the planning and everything going into this and we have been suffering through that. families suffering through that. i want people to know when you are in an investigation is the planning that is painful. everything in place, a breath of fresh air at this point. everything is in place, all the tools and equipment. could there be more there? the fact that everything is there and what encouraged me is the teams are working closely together. we have heard this as rhetoric
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before. he is believing this is happening. you can never underestimate the power of synchronous city. when this is all put together and people are doing their jobs, they can focus on that. i feel like we are there and this is now moving to a place where the possibilities are there and i am very hopeful about it. >> he talked about a lot of apparatus out there. there is a malaysian frigate, also an apparatus from the chinese with helicopter docks. the ship and the painter locator will be searching into backtracks converging on each other. it appears to be a more targeted search and more refined and perhaps we will give the families and the searchers and everyone around the world watching war optimism about this. >> yes, indeed. they should be getting -- far more optimistic about this.
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it does really appear as though all the best resources in the world, if you like, are now focused on this search. the assets are out there, the location is closer to the coast and far more time to be spent out there by the increasing number of airplanes. the time over the search area is dramatically increased and this is all positive for a good outcome, hopefully sooner than later. >> stick around. and want to bring in my other aspirates. mary schiavo is a former inspector general and she is now on aviation attorney for victims of transportation accidents. les abend, and michael k. jim tillman a retired american airlines pilot and steven marks
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representing families of air flight 404 go 7. you have blank the resumes and that is why we're here. >> it is clear and is used in was to stop people from saying they're not being transparent in this investigation. >> i feel like i was seeing a completely different presentation from some of the other panelists here tonight. >> keep going. >> i feel like there was no news, nothing new was said. the thing he made clear was i will come at you regularly, i am going to download this information on you and an ongoing basis and you'll never again be able to complain you are not getting information. >> i would have to disagree with you. there was some new information there, the apparatus going in the water and what was out there, he clarified that. also said we have concerns, maybe they don't know what they are doing because they keep shifting the search area. he said that is what happens,
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you refine the information and the day you get and you repine the search area. that was new information. >> you can also interpret him to say we have squeezed the lemon and of all the information we can out of this tiny data set and now we're moving the search box around. no new information you can get out of it and you can have all of these assets and you can have the best analysts in the world working on this but if the data set has nothing left in it, you are searching blindly and they did not be a great feeling about the fact there telling these around. desperation. they don't have a search degree field on the surface and they don't know what they're looking for under the water. >> your reaction to this press conference? >> my reaction is like david soucie. one of the rose colored glasses dies. i was energized by this from the standpoint of an organizational standpoint.
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it looks as though they are organizing it as though it is an ntsb situation. getting all of the experts and power plants from everywhere they can putting them together. that is a great thing to happen. i don't know how many people listened to the process but it is wonderful to see. i was encouraged by the fact they're utilizing every aspect of the data making their assumptions. they are going out lower and higher altitudes. they are looking at every aspect and i was very encouraged by it and i am sure this makes him very happy. >> talking about the information they're getting because he likes to crunch numbers. were you optimistic about him talking about the data in this press conference? >> optimistic but guarded. this is the first time we have talked about two converging 240-kilometer-long tracks. this means the locators have a
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box to go to with a line in it. now guarded because again, coming from the air is the most likely scenario where you will pick up anything. 240 kilometers is new data. >> you have been pessimistic and you said you have been leery, not sure if they're searching in the right place or the right track. did that help you all come to some consensus they are searching in the right area? >> the thing i got was the impressive array of talent that has been lined up to work on this. this is a world-class approach and the team i am getting more confidence and every single time i hear about that is impressed and they did not get the feeling -- this has been teased all day as a big announcement. we knew there were going to do
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under water surging and we knew they would do this and they would move this. it was not branding fascinating information so far as i am concerned. i am hoping it means more than it appears to be. >> mary schiavo, will it be fair to say this is the new beginning to the investigation? fees to whether coordination kick said people should start paying more attention? >> not to steven coordination. the feeling i got out of it was comfort. comfort with this gentleman leading the investigation, comfort that we would be given a full picture of what was going on. comfort they're throwing everything they know with the data points they have and when this is said and done, they find the answers, they find the black boxes, they find everything. i have comfort knowing when the day is done and they find it or not, this joint task force will
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have done everything they can. if that is a new beginning, i guess it is. it is appealing a have not had before him for that it gives me some reassurance that we won't have as many regrets as we would have had had the investigation been run like it was in the beginning. >> let's hope it gives families comfort as well. when we come back the deep sea search for flight 370. how challenging can this be.
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breaking news tonight the search for flight 370 has begun and to explain what is involved is an oceanographer at the university of new south wales and he joins us now via skype. along with david soucie. this is your area of expertise. what does it mean to you that they have been able to narrow an undersea search area to 240 kilometers. 100 could be miles. >> it is a good thing if they think it is down there. 240 kilometers or 150 miles is a vast area of motion to cover. and the thing about working in the ocean and i have been out on ships doing experiments for almost 10 years is it is painstakingly slow. difficult to work in the ocean. ships don't go that fast, all
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the ways and the wind. not easy to work down there. even at 240 kilometers, it is an undertaking. >> he said it is difficult especially and we don't know if the pings are going. what happens if the pings stop? what search tools are left to use? >> at that point there is a lot that can be done visually. as pain staking as this part it is more pain staking to find the black boxes. we are not just looking for two black boxes. we are looking for any debris from this aircraft. if you think about the visual aspect of that or the sonar i am optimistic about that because these are large debris fields. we will have time now because we are working 24/7. these machines that are under
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water and towed ping locaterers. we did see tonight that the seas aren't too bad tonight. hopefully they get good progress tonight. i think they will be able to toe it three or four knots. not fantastic. what would you have them do? i am encouraged that the wheels are on the ground and moving forward for the first time i felt they are moving forward and working together. this converging track is important to note. it means they have pretty good information about where they are going to focus this investigation. could they be wrong? sure. thai have wheels on the ground. >> what would you have them do? sit around and do nothing? >> this is from patricia. why haven't any debris washed up if it crashed? the question is, the currents, the deep water currents work differently than the surface
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currents. might the fuit not surface? >> it will stay there and the current won't be strong enough deep down to actually move everything. it is a completely different story at the surface of the ocean because if there were a debris field on the surface of the ocean just from the plane crashing in then by now almost four weeks in that debris field would have increased in size enormously. that's because the ocean is very turbulent. the currents in the ocean are not a highway that move from a to b. instead they mix everything up. there are these eddies. there are many versions of hurricanes mixing everything up. if you start with something relatively confined it spreads over and over. and i think that if the plane crashed somewhere where they are
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searching now within a few weeks to months we will start seeing debris turn up on beaches but it will be very limited. it might only be a few hundred pieces or so and will be hard to identify them as being part of the plane among all the other debris that washes on the beach every day. >> i want to get to my panel of experts. can you answer this one thing for me, eric, and maybe david as well. the southern indian ocean, the weather is going to get worse. winter is setting in. how long can the ships operate? >> where they are searching now is the subtropical. it does get colder in winter but nott that bad. i don't think that is really a problem. where they are searching now is actually a relatively easy place
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to search. >> my panel of experts are back with me now. steven marx, you heard what he said, eric said this is a fairly easier place to search than the southern indian ocean. on flight 447 the data recorders took two years to find. if we don't find it soon are we in for a year's long haul here? >> certainly we could be. there is no guarantee it will be found quickly. it is encouraging. i agree that we have better assets, more assets and seem to have a team in place. that is all encouraging. the difference here between 447 and this particular crash or accident is the fact that we don't have some of the information we had with 447. the messages were sent to france at real time during the flight. we knew the general location. we knew what was happening and
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the emergency the pilots were placing and the inconsistent information they were getting. there was a great deal of information readily available. here we don't know whether the information was unavailable because it was disabled or turned off or due to electrical failure or some other cost. we just don't have that kind of information. >> let's talk about the apparatus or assets out there. right now there is incredible state-of-the-art technology being used searching for sonic transmissions and a giant under water microphone will listen for the pings and an under water robot will scour the ocean bed. obviously it is a lot of equipment. you said they could use more but still there is -- it is a glass half full i would imagine. >> you are absolutely right. this is the most equipmentt that we have actually seen employed
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at one time throughout the search. a nuclear submarine, its engine is nuclear based and carries normally missiles and used for reconnaissance to gather all sorts of information through signal intelligence. the great thing is it can lawsuiter in the area for as long as it needs and the constraint is food supplies for the crew. but potentially it can loiter for days. let's rewind and look at the constraints on the search. the first thing is everything relies on the gps battery working. as soon as they turn off then we have to go back to the air search. that's a big constraint. the other constraint is the weather. we need impeccable weather over the next five days. the weather isn't looking great on those two 240 kilometer
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tracks. there are potential hurdles that will impinge the search over the next couple of days, weather being one and gps batteries being the other. >> we have learned the navy's pinger locater is searching for the black boxes. what happens if and when they are found? e when he's 153, which would be fine if bob were a vampire. but he's not. ♪ he's an architect with two kids and a mortgage. luckily, he found someone who gave him a fresh perspective on his portfolio. and with some planning and effort, hopefully bob can retire at a more appropriate age. it's not rocket science. it's just common sense. from td ameritrade.
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mounted. >> reporter: this is what investigators will see once the black boxes are found and data from the memory downloaded for analysis. >> we pull the data up on the screen we will see the data in a tabular format and graphical. >> reporter: black boxes find hundreds of data points about the pilot's maneuvers, speed and altitude all displayed. >> every flight data recorderer records in binary values. in order for humans to understand it we need to convert it to engineering units meaning feet for altitude, air spot recorded in knots. >> reporter: through graphs like these will learn if someone on board knows if it was a mechanical error. >> in an engine error they would be able to tell which engine
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turned off first. >> this line represents the plane's altitude. if flight mh-370 suddenly fell to a lower altitude here is where we would see a change. if someone deliberately alterred the path we would see the line dip or rise. >> one of the things people will be looking at is who is in control of the aircraft. when we look at the data from the flight data recorder you can see if inputs were coming from auto pilot or left seat or right seat. >> reporter: technicians can pin point where the plane was located at any point during flight. although memory chips are rarely damaged airlines need to perform regular maintenance and pre-flight testing to ensure the black boxes are up to par. the biggest challenge is to locate them before the batteries
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die. >> the pingers could already be dead. to find the pingers after they stop is going to be extremely difficult. >> i want to thank zain azure. we are assuming a lot about the black boxes. if and when they find the black boxes will the data be able to be extracted as we saw in the piece? >> the data will be able to be extracted. there are very few cases that i worked on where it hasn't been, most notably were the two planes that went into the world trade center on september 11. those black boxes were destroyed. there was no data because of the intense heat. and in the water it is very different. and i know of virtually no aircraft accident in the water where they haven't been able to get the data off. even once the pinger stops if
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the debris field is small for example like silk air, once they find it they will be able to readily find the black boxes. if they get them they will have data. >> we can be assured of that. why aren't black boxes modernized -- maybe it can be like find my iphone app? >> so you should be able to remotely trigger it like an iphone? i think that there are lots of ways you could can conceively improve the technology of a black boxes but it becomes a risk/benefit calculation. for the vast majority of aircraft accidents they serve just fine, only very, very rare cases like this one and air france 447, we don't know that this plane is in the water, bear in mind. the pinger might not be a relevant piece anyway. >> the black boxes are always
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relevant anyway. if it is in water or not the black boxes will tell us what is going on. >> that is correct. i'm very, very impressed with the attitude that people are taking tonight. listening just to our panel and all it is very encouraging to hear that the assembly that they have come up with now is impressing people that much. i am going to have to get on that side of the issue. right now that is sort of an uncomfortable thing for me because i haven't gotten excited about this. >> can you be won over or are you just being sarcastic? >> i'm not be sarcastic and i can be won over. i just have to be honest with myself and with you. you ask me a question i have to tell you the truth about how i feel. >> we have a tweet question from george. george says at what point is the search terminated? >> listen, it sounded to me like
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they will increase this indefinitely until the money runs out. that is not my expertise. i think one of the things referenced to with the video of the digital flight data recorder. that goes into whole programs so you can visually see what the airplane was doing. it is pretty exciting technology. i think mary will attest to that in addition to dave and susie that this is a great process even to visualize what was going on with that airplane, not just a line drawn in that clip. >> we have a tweet question from dale to steven marx. does criminal acts change airline liability? >> no it would not change the airline liability at all. in this case treaty governs most of the passenger claims at least to the character. if it was intentional misconduct
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by a flight crew member or somebody got into the cockpit we were able to establish liability beyond the limitations of the treaty, i think the same thing would occur here. in other words, regardless of whether intentional or not the treaty will provide mechanism for the family to get compensation. at this stage they just want answers and are entitled to answers more than compensation. >> the english families of flight 370. can lawsuits help them? every bit of debris we thought was from flight 370 has turned out to be trash. who knew the ocean was so full of garbage? how much will that complicate the search? in the nation, we reward safe driving.
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coming to terms with what is beginning to seem inevitable. >> you must now accept the painful reality that the aircraft is not lost. >> there is also another group waiting anxiously, the lawyers ready to scoop up clients and begin the long battle for financial compensation. >> in malaysia, china families being misled by very unethical u.s. lawyers. >> reporter: green says he is aware of multiple u.s. law firms in asia right now solicittting families from flight mh 370 earlier than united states law and ethical rules would permit. >> these lawyers launched without days of the crash. ambulance chasers on a global scale. >> reporter: how high are the
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stakes, possibly limitless millions and billions of dollars in cases that could be brought against malaysia airlines and boeing. a legal victory is in no ways guaranteed. there are many legal challenges grieving family members may not understand. they can recover some moneys with a death certificate but to really be compensated they have to show airline responsibility for the disaster. where is that evidence? what evidence showing their wrong doing? one firm already initiated a suit in illinois. the judge threw it out as improper and warned attorneys not to do it again. >> these families don't have closure. >> reporter: psychiatrist says the lack of answers make grieving relives especially vulnerable. >> someone says we have somebody to hold accountable. we are going to hold the airline
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accountable or this country accountable and sue them and punish them. that, unfortunately, is very appealing to anyone who is struggling with i want someone to be responsible for this and i want them to pay. >> back now with my team of experts. these families are confused, heart broken, overchwhelmed. >> i wouldn't encourage anyone to hire an attorney without doing research. the people who are there pushing these families are this point aren't the people who handle these cases on a routine basis and know what they are doing. it is a shame. there was no justification for it in chicago. that is not the first time that has happened. unfortunately, unless something is done it may happen again.
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i think that is a tragedy for the families. some families may need council. what they really want are answers. if the answers aren't forthcoming from authorities we have had to bring lawsuits in order to get information and get answers. hopefully you do so responsibly after there is enough information to suggest what happened. i think the attorneys pushing these families at this stage really shouldn't be doing so and certainly couldn't do it in the united states. >> both of you have mentioned silk air. does having a lawyer give families leverage to deal with the authorities now and possibly demand the information that they are so desperate for? >> eventually they will and do it through the legal system.
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the average litigation takes about 3.5 years. the 9/11 litigation which our firm led with others took 11 years. you will get your answers but it will come through the reasonable court system, interrogatories, deposition, discovery. it won't come in the first 45 days from somebody filing a lawsuit, a frivolous lawsuit in chicago. it will come through the long work in the courtroom which big reputable firms do. >> you don't want your mind cloudy, not that it won't be cloudy in the future but you might have more wits behind you after you have time behind you. we heard in the story that there are already lawyers lining up to take advantage of those families, preying on their vulnerability. aside from the disgust from
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that, what can be done in this particular situation? >> it is absolutely disgusting. i would like to draw attention that there are three key phases that this investigation will embrace. the first one that we are looking at at the moment is the location of the actual aircraft. i think that is absolutely priority number one, it is key. it is key to give closure to the families. that is just phase one. phase two will be what? when we find the black boxes what happened to the airplane. i think phase three is the why. why what happened to the airplane? why did that happen? that opens up other theories such as sabotage, hijack, mechanical failure. i think we are at the beginning of the investigation. >> before anyone can file a lawsuit, they are going to need to know all of these things. >> exactly.
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>> have all of the evidence. what about the families of the pilot and crew? >> that's a great question. i go back and i support the good colonel on this whole thing. this investigation process has to be completed. we can't go anywhere whether the crew members, the passengers until we get a proper cause or at least get towards a probable cause. we don't have an airplane yet. >> this is for you, steven marx. remember i asked you about dale who was online and asked does a criminal act change airline liability? >> well, i answered that to the extent that i don't think it really will change much in this case. if it was criminal liability that was able to interfere with the cockpit or the flight crew, allow them into the cockpit assuming we get the cockpit
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voice recordings which would indicate what took part. i know everyone is working on the theory and assumed it almost as a fact at this point. there hasn't been any public support to justify jumping to that conclusion. from the treaty standpoint, legal standpoint it shouldn't interfere with our ability. i did want to make a comment about whether or not we have to wait for probable cause. i have handled a lot of air crash litigation you don't need to wait that long because probable cause findings can take forever. is the search like looking for a needle in a garbage bag? s the cat that drank the milk... [ meows ] ...and let in the dog that woke the man who drove to the control room [ woman ] driverless mode engaged. find parking space. [ woman ] parking space found. [ male announcer ] ...that secured the data that directed the turbines
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breaking news tonight the search for flight 370 being narrowed to the area of highest probability about 150 miles. but how much garbage will they find in that area? and how much will it complicate the search? joining me now is anna cummings. they are experts on plastic pollution in the world's oceans
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and there appears to be a lot of it. they are searching under water now. before we talked about all of the trash on this program that finds its way to the surface. what about searching under water? do they face challenges with trash and garbage there, as well? >> well, lots of the debris -- what happens in the water you might find some things like if the plane had crashed in tact you might have some things come to the surface. those things might be found as they are going from the bottom to the surface. i would estimate most of the debris is on the surface moving away from the original crash site. >> why would you estimate that? >> because the currents are moving in a counter clockwise rotation between two and four knots. it is moving away and dispersing as time progresses. >> we hear about these false alarms or false pings, anna. the british ship echo conducting
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a specific search area today. they have sonar equipment and apparently heard a false alarm. what might that be? could that be trash or debris other than the plane? >> it could be. as for how deep the trash might be that is the big unknown. most of the plastic floats. roughly 50% floats and the other 50% will sink. it is possible that some of the items might be throughout the water. >> how much trash is out there? i understand that you brought some things there that we can expect to find. can you show us? >> we brought a few things to show you that we found. things like fishing gear, fishing nets. we travelled through the site where they are searching now. we sailed from perth, australia and found fishing gear and any kind of objects you might see out there. that is the debris that is
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confusing the search for debris. >> we went through a cyclone at that time. that further complicates the search. >> what do you have there? explain to me what you have there. >> we have common household items, shampoo bottles, containers. we have a series of lighters here. much of what we find are every day consumer items. we also find a fair amount of fishing gear. >> people think these objects -- i saw one the other night saying what happens when you flush the toilet it goes to a waste facility first. are these people just dumping these in the ocean on purpose? >> roughly 80% of the trash that we found out in the jiers come from land-based sources. another 20% come from the
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maritime industry from fishing boats and cruise ships. really, the ultimate source here is it is a design flaw. the plastic pollution we find in the oceans was found without a recovery in mind. there are solutions. there are design solutions, solutions with more public awareness and policy change. >> you mean for the actual material itself? so that it decomposes? >> exactly. designing objects that are completely recycleable and recoverable. >> we found these. >> what are they? >> these are handles from disposable umbrellas in japan. we find disposable lighters. >> thank you, guys. we appreciate you joining us here on cnn. i am going to bring back my experts for one final thought. [ male announcer ] nearly 7 million clients.
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these days, everything is done on the internet. and tomorrow you'll do even more. that's what comcast business was built for. slow dsl from the phone company was built for stuff like this. switch to comcast business internet. then add voice and tv for just $34.90 more per month. and you'll be ready for tomorrow today. comcast business. built for business. my experts are back with me now. we have time for your final thoughts. i always love talking to you guys about this and we try to answer the next day. this got mary's attention and mine, as well, when angus houston said the data we've got is the data we've got. mary, final thoughts on that?
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>> i'm glad the australians are adding it and adding transparency and hope for answers. we have to have the glass box where we continuously download, not a black boxes. >> i like other experts, i would like the raw data available to everyone. >> tim tillman. >> we have a world class team. we have incredible tools for them to use. i'm hope s for the best but i'm not betting, not yet. >> i'll second that call. we need to see the data. doesn't matter how many great experts you have until it is open and free then the world can judge whether it is good analysis. >> indonesian radar. we still don't have the information from the authorities. indonesia are the only country that haven't provided what the
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radar chases are, why? >> i knew he was going to say that, too. the bottom line is this is an accident investigation. we are not going to get the data. i think we were encouraged by the press briefing. >> make sure you stay with us for the latest on this plane. good night. i am comfortable with what i am doing. >> youot
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