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tv   Smerconish  CNN  April 5, 2014 6:00am-7:01am PDT

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to get it. >> tom fuentes, thank you. we will continue the coverage of the breaking news. join us back here at the top of the hour at 10:00 eastern. for now, we will send it to michael smerconish who will continue the breaking news coverage there in new york. >> announcer: this is cnn breaking news. good morning. i'm michael smerconish. breaking news this morning. we have just learned from a chinese news agency that a chinese patrol ship searching for missing flight 370 heard a pulse signal in the indian ocean. if it is coming from the black box, it is just in the nick of time. we could be days or hours before the batteries die. and overnight, it was announced that a search of the hard drive belonging to the pilot revealed he had several alternate routes programmed into the simulator. it appears he researched what to do during flight emergencies. keep in mind, these are also
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things that an experienced and professional pilot would do. later in the show, i'll talk about crisis management expert lanny davis who is possibly advising the malaysian government on advising them. we have cnn analyst peter goles. we have greg stone, scientist at conservation international. we have lieutenant colonel michael kay joining us. a retired british military officer and richard quest is host of "quest means business." we have arnold karr joining us. he is a sonar expert. gentlemen, i'm paying close attention and you are the experts. let me begin by telling you what i see. i see a circumstance where and i should start by saying i sure hope it is true. i hope for the families they are about to get some closure.
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however, this would mean without finding debris, we have found a pinger and presumably a black box. that seems counterintuitive to me. it strikes me this is presumably the final day, day 30, in the life span of the battery. dare i say, it's the chinese. haven't we had conversations thus far in the process about their purported lack of sharing satellite imagery. when they did share the satellite imagery, the image they shared was doctored or blurry. also, just two hours prior to this news breaking, that the malaysians would have had a press conference which i watched in my hotel room. they did not say anything about this. it points to the dysfunction of the sharing of information. i have been told repeatedly that the depth of the ocean poses challenges. to find the pinger, you have to be on top of it. i guess the response to my own
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skepticism is to say, maybe the chinese had this information all along and weren't sharing it. where am i wrong, richard? >> you are not, frankly. you're not. if you talk to anybody this morning, they are all raising the same questions. firstly, the timing looks interesting and i'm being charitable. secondly, the nature of the release of the information is counter to everything that anybody ever involved in an investigation is involved with. even if you wanted to avoid the malaysians, you should have told the jacc in perth. the variety of circumstances, toppled with the fact that the satellite pictures three weeks ago raises the question and skepticism. here i will say this, michael. what i will say from our lips to
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god's ears, this should be true. the manner in which it is being done raises fundamental questions. >> we don't want to give false hope to the families that have been tortured for a month. >> this is way up there in the league of giving false hope. >> arnold carr, what do you make of these developments. >> i fear it is not the case. it's backwards as far as finding the pinger. even though it is a desperate time and we hope it is. as you mentioned, you have to be right on top of it to find it. i fear that it is an interfering signal they might have picked up possibly from the ship or from some other source. that's maybe less likely. i also think a key here is to verify it and you verify it by repeatingly going over the area and isolating it down to a
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specific point. that may help. the frequency is right. 37.5. the circumstances are really questionable. >> what else transmits at that frequency? what else might it be? >> it doesn't really have to be at that frequency. the locator or whatever detection device they have can pick up other nearby frequencies. sometimes 100 kilohertz which would be side-scan sonar or other sonar can interfere and if they are not used to reading and analyzing the signal, one could take it the wrong way. >> mr. carr, unless the chinese had information that led them in this direction, this would truly have to represent finding the needle in the haystack. >> indeed it is. you have to be on top of it
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because of the limited range of the pinger. it is much more difficult than that. >> peter goles, you have been paying close attention for a month. what do you make of the latest developments? >> i'm very skeptical along with everyone else. the chinese have not been good team players. many thought they have been manipulating the situation. as mr. stone will tell you and other sonar experts will tell you, this is not easy business. you know, when i was at the ntsb, we had a number of open ocean searches. it is hard. without good data, it is extraordinarily hard. i'm skeptical. >> michael kay, i know the ceo of malaysia airline said these batteries were serviced because there were questioned about the life span.
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it would be at the end of the life span if the batteries were refreshed. that refuels my cynicism. >> yes, this information is preemptive. it should be treated with extreme caution. it also places the air chief marshall host and the jcc in a difficult position. if i was the chief, i would want to release corroborated evidence that links what we found to mh-370. i would not be prepared to go any further until we have that for the families' sake. if we can corroborate the pulse, 37.5 kilohertz, i would want the submersibles down there and the robots to physical check out the serial number on the black box to make sure it was linked to 370 before i came out and told the world we had found something. >> greg stone, you are the
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oceanographer. what should the response be at this moment? >> i think we need to treat this with some skepticism. especially when i just learned it was one pulse. why just one pulse? there is a lot of high frequency sound in the ocean. i listened to high frequency sound in my career. there is a lot of sources in that frequency range coming either pointed out earlier from the ship itself. it could be from certain marine animals that can make sound in that range. there is no rules out in the open ocean. you can put gear and a lot of us do put gear on the sea floor with pingers to help us find it. we actually have systems where we can send a signal down to release the gear and float to the surface. a private citizen or company can
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do the same thing. there are a lot of possibilities for sonar pulses and the fact this one detection, you know, i hope it is the pinger. we all do. that is my view. >> cautiously optimistic is how we sum up the group. peter stone and michael kay, please stand by. what's next for the families? deal with the grief and turmoil? has this added to the potential for litigation? abo nd we' t not . (agent) i understand. (dad) we've never sold a house before. (agent) i'll walk you guys through every step. (dad) so if we sell, do you think we can swing it? (agent) i have the numbers right here and based on the comps that i've found, the timing is perfect. ...there's a lot of buyers for a house like yours.
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>> announcer: this is cnn breaking news. let's get back into the breaking news. china state news agency reports that a chinese ship has detected a pulse signal in the flight 370 search zone in the southern
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indian ocean. retired british officer michael kay is with us. we have richard quest. there were some developments in the news conference from malaysia this morning, but no mention of the pinger sounds detected. i'm wrestling with the discovery of the chinese and not shared with the malaysians two hours prior. what am i missing, richard? >> you are not missing anything. that is exactly the point. obviously everyone hopes and wants to hope this is true. the nature and difficulty of the task which they embarked to find the black box with the pinger at the last moment is so enormous. you have to say there are control structures. you cannot have people going rogue and announcing everything for this very reason, michael. this is why you can't. if it is not true, then the families have had tremendous false hope raised.
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>> to his point, it speaks at a minimum to the dysfunction with which this investigation has been carried out. >> if i was the air chief, i would be cross and frustrated at this point. richard's point is spot on at this time. it has to go through a single point of the jcc. if we get multiple reports, you are spot on. it does not help the credibility. we know the credibility of the investigation of the outset has raised serious questions. people are more comfortable. the press conference that was held by the air chief marshal a couple of days, people were gaining more confidence in the investigation. it was now starting to be drawn in. he had control of it. this is just basically knocked it back again. which is disappointing. >> again to state the obvious, we sure hope this is something to this. what a setback it will be for the lack of confidence that exists in this. let's bring in other guests.
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richard quest and retired british military officer michael kay are sticking around. we will come back in a couple of moments time. the 239 people aboard flight 370 were sons, daughters, fathers and mothers. nothing can fill the loss that their families now feel. you can be sure litigation will soon follow. a chicago law firm sent attorneys to kuala lumpur and beijing. joining me now to talk about the legal side of the story, daniel rose, specialist in aviation cases and danny sovalo, a legal analyst and criminal defense attorney. daniel, let me begin with you. will the united states be a forum for the litigation? >> that's a very complicated question, actually. certainly as against malaysia airline, any claims would be limited to a very discreet group of people.
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u.s. residents, people who purchased tickets here or people intending to have the u.s. as final destination. however, there may possibly be claims against boeing which doesn't have the same constraints as malaysia airline. obviously, if we find some information with the latest news about the pinger and eventually leads to the black box, we will have some of the best information to know exactly what happened and that will really tell us which way any possible litigation can go whether it can go against malaysia or boeing. >> danny, is it critical to the culmination of the litigation that the plane be found? >> in a way, it sounds nefarious, but probably for the airline and boeing, from a liability perspective, it is better for them if this plane is never found, especially for boeing. the montreal convention will
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effect recovery from the airline. a products liability claim for a defect against boeing will be unlimited and if plaintiffs can get into the united states as a jurisdiction, then is the best place for them to litigate. however, it will be exceedingly difficult for a plaintiff to meet their burden that a design or manufacturing defect caused the crash if they have no evidence of a defect and it is conjecture. >> attorneys danny cevellos and daniel rose. more on flight 370 when we come back. [ female announcer ] hands were made for playing.
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>> announcer: this is cnn breaking news. we're following breaking news this morning in the search for missing malaysia airline flight 370. a chinese news agency is saying a chinese patrol ship detected a pulse signal in the indian ocean. that is the map in the area where the pulse was detected. we are told the pulse has the same frequently associated with flight data recorders. there is no confirmation this is coming from flight 370's black box. if it is, they are just in time to locate it before the batteries die. let's bring back in our panel of experts greg stone and chief scientists at the science international on the world's
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oceans. richard quest is a cnn aviation correspondent and arnold carr joins us. how can they be sure the sound is from a pinger, greg? >> we clearly need more information. i would like to see what kind of hydrophone which is the instrument you hear these things on. an underwater microphone. see which type of hydrophone they are using. a readout and our sonar expert here is probably better equipped to actually look at that. you have to keep in mind there is a lot of sources, potential sources, in the world's oceans for the frequency range. especially if it was heard once. i spent a lot of time looking for sounds in the ocean. i cannot tell you how many times i thought i heard something. you don't hear it.
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this is above our hearing range. we can only hear to 20 kilohertz if you are lucky. this is above what we can hear. you are looking at a readout of the data. usually shows up as a blip in that frequency range. i spent a lot of time searching for sounds. it is not until it is repeated and you can understand the system to be sure. >> what sorts of things in the ocean would cause a false positive? what have you learned in the past it wasn't what i thought it was. it is actually this. >> i'm speaking kind of blind because we don't have any details here. there's a lot of high frequency sound in waves. there are certain fish that can make sounds in that range. we mentioned the potential for lost or currently used
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oceangraphic gear. we use gear all the time. those are some of the things that come to my mind. again, those could be canceled out if we had more information. >> let me ask arnold carr, you are our sonar expert. what might be triggering this if not the black box? >> it could well be something ship board. a depth sounder. especially longer range, you need a lower frequency that could be down to about 50 kilohertz, which would be within the range of what that hydrophone or device they are using receives. it could just interfere with that signal. the other thing as was just previously said, fishermen do use pingers, at least in the atlantic, i'm not sure in the indi indian ocean, to try to ward off
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other animals. if another vessel is close by to this vessel, it could be emitting noises, too, that would certainly interfere. there is a whole host of problems. what you really need is to focus in on it and verify the frequency and verify the specific area. >> richard, i keep coming back to the fact this is presumably the final day of battery life. there has been no debris. nothing washed ashore. all of a sudden, the report from the chinese. >> it is mind boggling, frankly. but there is not much anybody can do about this because the huge sympathy that goes to the chinese because the largest number of victims on board the aircraft are chinese nationals. in any case, the malaysians are not about to tell the chinese off for the way they decided to announce this. the australians are in disbelief
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in the way this is announced. he will not ring up beijing and say stop it. look, politics comes later. unfortunately, it seems politics and geo political strategies plays in all of this. >> i wonder what they are sharing. >> they shared as much as they could, but not what they should. we have not seen the u.s. satellites pictures. the japanese just gave the data. it is the malaysians who have come out to give whatever is necessary. everybody else, for understandable reasons, we will give you what you need, but no more. >> just enough. thank you, greg stone and arnold
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carr and richard quest. we continue to follow the breaking news of the chinese ship detecting a pinger signal. we have our panel of experts review as the information continues to stream in. ...return on investment wall isn't a street... isn't the only return i'm looking forward to... for some, every dollar is earned with sweat, sacrifice, courage. which is why usaa is honored to help our members with everything from investing for retirement to saving for college. our commitment to current and former military members and their families is without equal. but with less energy, moodiness, and a low sex drive, i had to do something.
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use your $1,500 allowance to lease the 2014 cadillac ats for around $359 a month with nothing due at signing. >> announcer: this is cnn breaking news. let's gets back into the breaking news. chinese state news agency reports a ship has detected a pulse signal in the flight 370 search zone in the southern indian ocean. we are bringing back peter goelz and then a leading authority on the world's ocean. michael kay is the british retired officer and richard quest is with us. arnold carr is with us. a worldwide sonar expert. peter goelz, the malaysians had
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a press conference. they concluded this was the proper search area. they were asked to release the audio recordings with the air traffic controllers. that answer was no. from a investigate standpoint, why not? >> there is no good reason unless there is something on the tapes that particularly the tower tapes which contribute to identifying it as a criminal event. they may have heard the door opening during one of the communications. they might have heard another voice in the cockpit. if that is the case, they need to be more specific about it. the malaysians have mishandled this investigation from day one when they choose to not follow the protocols which govern
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international aviation investigations. they have been behind the eight ball and a complete lack of trust from the family members and from the media. >> gentlemen, i have been thinking about the boston bombing. maybe it is a bad analogy. i have been reading how the case came together. you remember the images released and all of that caught on tape. won't it benefit if the public could hear the audio and help investigators. >> you never release the audio. it has been released in previous cases where it has been recorded by organizations like live atc. you release the transcript. the ntsb doesn't release the audio tapes.
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they are never released. if you go back to asiana, the tape was released by atc, a private organization shortly after. >> you investigated air catastrophes. does this make sense to you? >> absolutely it does. we are trying to determine misinterpretation. if you release the audio, it opens up the plethora. >> you have family members thinking everybody is being held diego garcia. >> the duty of the investigators, criminal and safety in aviation and is it to get to the bottom of what happened. you don't create -- you don't serve that duty by creating a firestorm of releasing something so incendiary as the voices of the pilots involved. >> greg stone, a question if i
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might, hopefully today's lead is legitimate and we get closure. if not, i have to believe cost becomes a factor. who foots the bill for this going on inperpetuity. >> i wonder the same thing. if this pulse is not the location and we are back to square one, so to speak, which is the shifting search area it seems all the time, could we find it? the answer is if resources were unlimited, yes, we could. we have the 21st century ability to sense and map the bottom of the ocean in greater detail. we have better maps of mars than the bottom of our ocean. we can send submersibles down
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there. i have been there. if we put our assets and search the ocean for a year or two, we would find it. that is very expensive. malaysia doesn't have that money. australia, the united states and international community. these are the questions that arise in my mind. how will you fund a longer term effort if we don't have any clues that lead us through a trail to that site. >> arnold carr, you are our sonar expert. what concerns do you have as to the feasibility of the costs being paid going forward? >> the international civilian aviation organization, which is a global thing, malaysia is responsible because this aircraft is presumed to have gone down in international waters. i share greg's point of view. this is going to be -- it has been costly. it will be so much more costly
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if even this turns out to be correct. that it is a pinger signal from the aircraft. to get into the next phase which would be to really delineate the area or debris area or on the bottom and focus in on the black boxes, the recorders, it will be extremely expensive and it could be long term. >> peter and arnold carr and richard quest, please stand by. if you are malaysia airline, how do you restore trust in your company again? you may have to call my next guest. (dad) well, we've been thinking about it and we're just not sure.
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>> announcer: this is cnn breaking news. what would you do if you ran malaysia airline? would you hire a crisis manage manime ment team? the malaysian transportation minister protested that the government had something to do with the flight's disappearance. lanny davis is a crisis management expert in discussions with the malaysian government. he is the former agent with president clinton. lanny, you have a list of
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clients who have gotten jammed up. president clinton, martha stewart, dan snyder. your mantra is tell it early, tell it all. tell it yourself. how does that apply? >> it applies to every case in the terms of putting somebody in jail and you need criminal advice. in this situation, without disclosing anything i said to a possible client relationship with the malaysian government, there are two general rules that really are almost universal. it is part of that mantra that i wrote as a sub title to my white house book. one, transparency and communication is elemental in the starting point. in this case, the tick tock of
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what happened and laying out is essential. number two, human grief and human need for communication and for personal communication delivery and empathy. that is ais my number two rule. these are not specific advice. >> i know your firm is not formally retained at the moment. i respect that. are there circumstances where the horse has already left the barn? we're a month into this now. would it even be possible to restore credibility? >> yes, part of that is acknowledging that maybe things weren't done so well in explaining how did it is. there is a can't win situation when families are grieving and they want answers and you don't have answers. you cannot win that. you simply have to reach out to them and stay with them one-on-one. the chinese government has behaved fairly oddly. it has been extremely critical of the malaysian government, yet it is not very transparent.
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of all countries in the world, the chinese government should not preach about transparency. now is the time to get the collection and the cost of looking for the plane. it seems to me every government with any individual on that plane should be financing this search and the international community as well. >> i'm so glad you brought up the chinese. look where we are today. the day began with an early morning our time press conference by the malaysians saying there were no significant new developments and then two hours later, comes the report that the chinese may have heard the ping sound. how do you control that intangible if you are, lanny davis, in a case like this and do you involve the government? do you get the united states to rattle the cages of these nations to play fair and swap information? >> yes, you must reach out government to government. part of what i do is not just media, but politics in
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government. you have the malaysian government, the chinese government, the u.s. government, the international community could get together and try to plan together. i think there is sympathy for the chinese government who are hearing from their constituents in the terrible family grief they are hearing. there should be diplomacy at work here to cooperate. there should have been an immediate transmission to the malaysian government by the chinese in real time as soon as they heard that ping, if that heard that ping. this is not the time for national rivalries and a crisis manager needs a multiple disciplines. diplomacy, difficult, media, legal. all of those things need to be brought to bear to tell the full story not only to their own people and families, but to the global community that is involved and interested and empathetic with what the families are going through. >> tell it early, tell it all, tell it yourself.
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lanny davis, thank you. >> thank you. >> we may have to wait to learn the truth about flight 370, but could we just have received a big clue? when we come back, more on the signal picked up by a chinese patrol ship in the indian ocean. what you wear to bed is your business. so, if you're sleeping in your contact lenses, ask about the air optix® contacts so breathable they're approved for up to 30 nights of continuous wear. ask your doctor about safety information as serious eye problems may occur. visit airoptix.com for a free one-month trial.
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>> announcer: this is cnn breaking news. we return now to the coverage of the missing malaysia
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plane. renewed reports this morning that a chinese ship searching for missing malaysia flight 370 in the southern indian ocean has picked up a pulse signal. a frequency of 37.5 kilohertz. the same frequency emitted from black boxes. take a listen to what a reporter on the chinese vessel just said. >> this afternoon, the rescuers have heard the ping signal every second. the signals lasted for one minute and and a half. however, the rescuers say this comes a signal of the frequent is not exclusive for the plane black box. there is a possibility that this kind of frequency is from other equipment. at this moment, aviation analyst.
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mary, does this new pulse bring hopes for the families, false hope, what's your interpretation? >> michael, i think it brings hope. granted, other things can make this kind of signal but there are two hallmarks here. one is the three megahertz, selected because it's, you know, it's not the same as an engine harmonic or things like that. and then repetition of the signal. every second or almost every second. the only thing that is disconcerning is they only had it for a minute or a minute and a half. if they were on top of the black box, it should have just kept going. but i think it's very encouraging. i think the hallmarks are that it is of some kind of a locator beacon. since there's nothing else in the area, i'm not so convinced it is oceanographic work or fishing lanes or shipping lanes, rather. i think it's very encouraging and something they should be race ing there to find out, and they are. >> let me be the keptic. no debris having been found. final day.
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this is day 30 of the battery life. i have to say this and you have a book on your shelf right behind you. it's the chinese. you know, maybe they haven't been forth coming with all the information. and the development today same just two hours after a malaysian press conference where the malaysians didn't know anything. it makes me skeptical. >> well, me, too, but then again, as just as you said it, it's the chinese. now, they agreed and everyone agreed to participate in the joint task force with the australians and want to hope that they've been forthcoming with angus houston. however, by participating in the task force they didn't agree to show them all of the tools and weapons that were in their cupboards. it's clear that if they picked up this ping and picked up this ping on the ship without a towed ping or locator, they obviously have additional equipment they haven't disclosed and good equipment. at this point the world will be irritated or at least the joint task force and malaysia might be irritated that they leaked the news but we also heard that they
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did tell the task force that they had it. but they can't very well chastise them because instead they're going to need them to stay on top of that signal. i'm cautiously optimistic as everyone has been saying this morning. but there's not a lot, you know, it's not a whale, for example, it's not ocean life. there's nothing else there. so by process of elimination, there's a good chance it's a pinger. >> mary schiavo, thank you. maybe the sberp tagsz interprett the chinese knew more than they let on. tmalaysian government and boeing could be one for the ages. my next guest has a special perspective on that matter. those little things still get you. cialis tadalafil for daily use
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all hour we've been telling you a chinese ship helping in
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the search for flight 370 said it detected a pulse signal in the indian ocean. there's no confirmation. joining me now harvard law professor, author of "taking the stand, my life and the law." you wrote this memoir, 50 years at harvard. you're now retiring. off all things there's a story in this book of you being aboard a plane expected to crash. >> 41 years old. i had just taken my oldest son to college in colorado. we get 10, 11,000 feet in the air and the pilot comes on and says we have a serious, serious problem. who knows how to do disaster control. told us we would have to have a dangerous landing. asked for volunteers. i changed my seat and sat next to a pregnant woman to help her out. i wrote notes to all of my children. put it all in my whole little black box, my shaving kit, hoping it would survive.
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everyone around was praying. i was writing and trying to figger out exit strategies. it ended up fine. a few people were hurt but nobody seriously injured. but those moments when you're thinking, he gave us about an hour because he said he had to dump all the fuel before he tried the emergency landing. it was really terrifying. >> you have a special perspective as you watch these events unfold and thinking of those families without any resolution. >> yeah. i mean, my heart goes out to them. i don't know whether i'm rooting for the pingers to find the plane or not. i mean, there's always the hope the family may have that maybe there was a hijacking. probably not. but closure is very important. in my case i was lucky. closure ended very well. i tell you, it made me rethink my life dramatically and i write about how it was the mid point in my life. and really made me appreciate every single day after that. when the pilot landed the plane he came out totally sweating and said now you can begin the rest of your life, folks. >> are there athiests in
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foxholes? >> i didn't pray. i discovered that for me the answer was not up there. i lad to figure out what to do on the airplane. i didn't want to be an agnostic. i just discovered that i was an agnostic on that airplane because it just didn't naturally come to me to pray. >> professor, we have a minute left between us. speak to me about the litigation that's soon to unfold relative to this flight. >> you know, as i write in my book, "taking the stand," sometimes tlb cases without legal ramifications. you need a court that is a body of evidence to prove what happened. if they don't find the plane, it's going to be speculation. speculation doesn't give rise to lawsuits. you can be critical of the malaysian government but i'm not sure what they did was in any way legally relevant. we'll have to find out. if we never know what happened to this plane, there will be lawsuits. but they very well may not be successful. >> 50 years at harvard.
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one employer. one employer. >> what a boring life! >> i know you too well. i know there are plenty of other things to come. but i would love to hear that last lecture that you will deliver at the harvard law school. thanks so much for being here. >> thank you. so before we go, here's a recap of what we know this morning about the missing malaysian airliner. searchers have a possible new lead, china's state news agency is reporting a chinese patrol ship aiding in search has heard a pulse signal in the southern indian ocean. it's usually emmitted by flight data recorders but authorities say they can't say for sure if it's coming from the vanished aircraft. 13 planes and at least 11 ships are scouring the ocean in a race against time. malaysian authorities are vowing to continue the search to find the missing plane. thanks so much for joining me. i'll see you back here next week. breaking news coverage of missing malaysia flight 370 continues right now.
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i'm christi paul. we want to welcome you to the newsroom here on cnn not only the those of you in the states but also to those of you around the globe watching right now. we're grateful for your company. >> i'm victor blackwell. 10:00 on the east coast of the u.s. 7:00 out west. again, to our viewers here in the u.s. and around the world, you are in the "cnn newsroom." >> this is cnn breaking news. >> a breaking news this morning, a huge very possibly for search teams hunting for flight 370. >> chinese ship has detected what's called a pulse signal. that's how they're characterizing it. a pulse signal in the indian ocean. this could be the flight locator beacon pinging that could lead searchers to those black boxes, possibly to the wreckage of the

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