>> fox news alert on a big media briefing wrapping up about dramatic new claims on the top three airline disasters in american history. welcome to america live i am megyn kelly where the news is breaking now. twa flight 800 en route from jfk to paris went down on the coast of long island killing all 230 people on board. here's how the events. >> it looked like an explosion of some kind. >> you reported an explosion; is that correct. >> it was in the air and two fire balls go down to the water.

twa 800. twa 800 if you hear from ident: >> i think that was him. >> i think so. god bless them. >> the u.s. coast guard is reporting an explosion ten miles south of long island. the 747 was on the way from jfk to paris. we have that the twa 800 exploded in midair about ten miles out in the atlantic ocean. july 17th, 1976. there was a conclusion of a gas tank explosion brought it down.

but half dozen self sdwrooib described whistle-blowers are challenging that explanation. one was convinced this plane was damaged by a high explosion. he asked the fbi to test out a sample from the plane. now listen as he described what happened next. >> swab this piece and check that for me and so they did, it tested positive which i was sure it would do. positive for residue of high explosion. they called somebody and 90 seconds three fbi agents ran in the room with a coat can tie and physically pushed me aside and turned to me and said the machine has frequent false positives. >> we have investigating the claims, and what a day and documentary this is. having seen it myself, it airs later this month. they have 6, 6 self described

whistle-blowers who say we were not tol the truth. >> the documentary is compel and this witnesses are compelling and the film makers are not saying why the government covered up the truth about the flight. but the evidence shed there was an external explosion likely a missile blew up and caused it to plunge in the atlantic. there was a smoke trail ascend nothing the sky before the sen 47 erupted in a fire ball. former investigators and members of the go team say they believe evidence was manipulated and the results were flawed. >> the investigators and i have come together and agree that this was an external detonation that caused the crash. that is as far as i am willing

to go and adequately explains the radar and physical and eyewitness evidence. >> i swoek with jim, who was head and headed the criminal investigation. he said the documentary claims was nonsensical. he said the agency spared no expense searching for proof and found no bomb or missile or criminal act. >> we had a full court press for months and months on that theory but the reality was there was no evidence of a missile hitting the plane either outside of the plane or inside of the plane or concussion from a missile, there is no evidence of it. >> there were theories it was a naval exercise gone wrong and they investigated every military asset. the closest ship u.s. normandy

was out of range and they still interviewed the sailor on board and the idea of keeping 500 sailors preposterous. >> congratulations for getting him. he did not sit with them. he was head of the fbi team. the ntsb guys say this stinks. they claim that there is no evidence of the missile strike fbi team and others manipulated the evidence to make it look like there wasn't one and when in fact it might have been. jim ca lstrom said they went there with the assumption of a missile strike. we were in high alert in 1996. they were suspicious of the event. their agenda is to tell the truth. that is what they are going to say if they are engaged in

a cover up. the cia point to the cia animation saying this is how it happen. the nose of the plane broke off and the remainder of the plane 200 witnesses described going up in the air it was the remainder of the plane. and others say they is ridiculous. the plane would not have continued to ascend. it defies the laws of physics and that's why they are presenting the findings to the ntsb. they have a petition to reopen the case and investigation which they are going to do. the ntsb will review the evidence and proof that their conclusion was flawed. and they will vote on it. >> if it is new. rick leaventha l thank you.

>> in the days following the crash hundreds of eyewitnesss were questioned. 100 of them saw the streak of light move from the earth leading to an explosion. it had an upward conjectory that suggested that the missile hit the plane. this is the animation we were discussing. >> just after the aircraft exploded it pitched up and climbed several thousand feet to 17,000 feet. those who saw something ascend and culinate saw it ascend and ejupt in a fire ball and not a missile. >> ntsb said that is a cartoon. anyone who knows about planes understands that the plane would not do that if the front nose of the aircraft had come down. next hour we'll look at the

explosive tests and we'll look at the questions on where this explosion actually occurred. could it be there is a cover up of one of the cause of the top aviation disasters. fox news alert. the irs responded to sharp criticism from senator chuck grassley who called out the agency to pay bonuses despite the order not to do it. the agency said it is forced to stick to the union contracts. folks who had line dances and lavish presidential swaits are getting big bonuses. and this while american families can't tour the white house because washington said we are

too strapped for cash. turning to star wars. grassly said this is ridiculous. we don't have to pay the union benefits. irs said we are legally obligated and there is an order saying you shouldn't pay discretionary bonuses in a time of sequestration and how can you get on the heels of the line dancing and what you did to tea party groups and now paying out bonuses to the people? >> the president tasked danny to go over there and straighten out the problems over there. aside of the 50 million spent on conferences and entertainments for the workers you have an ongoing scandal that relates to

the conservative groups. they is not him to go over there and clean up. he signs off on $70 million in bonuses. this is a miscue for a agency that has seen its share. >> because of the union. national treasure employee's union claimed they were deserving and agreed to and when asked by the reporters to respond, they refuse to say anything on the record. they want their money but don't want to justify it. and danny werful writing this, how can he justify this. we are not talking about chump change. 70 million to line dancing and

over spending irs workers who are under criminal investigation. >> there is not enough money for the public to tour the white house or fund cancer research and all kinds of things that they say are necessary and we are cutting corners and using contractors in the nsa and here's this. the worry is probably as simple as this. there is no more powerful constitiency than the government worker unions. it is the bed rock of the union. they are patrons of the president's party and they are the key to everything they do and they have incredible cloud inside of the party and didn't want to upset them. and let me just say this is not

the good time to frustrate work and file workers when you hope they will stay under the bus as it relates to the abuse of power. >> they had notified the union this it would reclaim the bonuses and then reversed itself. why did it do that and how can we stop the money from going out this way, thank you. >> you bet. >> we'll tell here live how a client is harassed by the people she used to work with at state in an attempt to bully her into silence. plus an nfl player is in the middle of a murder investigation. and after the presidential campaign. kid rock is kicking off a new tour with a move in the concert

world. he will be here and what he's hearing from fans these days about life in america. the first time i saw a sony 4k tv, it was like opening my eyes.

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>> developing right now the attorney for a state department whistle-blower is speaking out suggesting that his client is the target of government intimidation. the former investigator claims that her excolleague are trying bully her introo silence after she leaked evidence that alleged senior officials had sex scandals and including one involving a u.s. ambassador. kerry is with me now. kerry, good to see you. this is shocking.

she worked in the state department and they are straight- laced investigators when there is trouble they are nonpartisan and look into it and come out and say this is what we found. state did this and she was on the team. what she found state was according to her covering up not only alleged criminal activity, but then trying to interfere in the investigation and ultimately state scrubbed her report that they were putting together to call attention they scrubbed it and it forced her to go public. >> that's right. this is an important point you made. in addition to the underlying crimes that were not 1, 2, 3 but well more than eight, in addition to that you have a second crime which is interfering with a federal law

enforcement investigation. that is the point that the inspection team was trying to make. undue influence and interference with the federal investigation and other senior and rank officials was going on and that needed to be reported to congress. that required urgent and immediate attention in the inspection teams opinion. >> did she quit the ig's department in the state department in the wake of all of th was in retired. she was in the diplomatic security as law enforcement and the last couple of years she was a signed in the oig's office. office of the inspector general on inspection teams. >> after she leaves and decided to bloat whistle which she sees the final report that was scrubbed with all of the bad

stuff and they were reporting how it happen and trying to cover up. where is all of that and she leaks it and then what happened at her home? well, what happened as soon as the office of inpector general got wind of it. they is not two law enforcement officers to her house and she was not home, they approached her 20-year-old and then her 17-year-old and did not identify themselves and did not leave a card and the kids called her and let her know that there was law enforcement and expressed they were not going away and they wanted her cell phone and wanted to know where she was and that's when she hired my law firm. >> she is alleging that they want to shut her up. she said i am a whistle-blower.

they are talking about prosecuting her, kerry as opposed as prosecuting the people who frequented underage hookers and so on. >> they have time to send law enforcement officers to out to her house but didn't have time to investigate the crimes. i spoke with the general counsel for the office of inspector general. and they said to me. that if my client did not comply with their demands and return all of the documents and don't keep any and they would have a "no kidding get together with doj" from a lawyer to me, that was a clear indication to me, that it was a threat to pursue criminal charges if she did not comply. >> our government is supposed to

be transparent and evidence of government misconduct none of these are classified documents that just didn't apply when there is evidence of gross misoctober. this is not like a nsa weaker case. and when raising red flags about the cover ups. thank you for coming on. coming up. the issue of race rearing its ugly head as an ivy league professor talks about a abortion. it is all wanting to continue

white supremacy. investigators are making a new push umages are next. dechl hey. they're coming. yeah. british. later. sorry. ok...four words... scarecrow in the wind... a baboon... monkey? hot stew saturday!? ronny: hey jimmy, how happy are folks who save hundreds of dollars switching to geico? jimmy: happier than paul revere with a cell phone. ronny: why not? anncr: get happy. get geico. fifteen minutes could save you fifteen percent or more.

new video released bite fbi. it shows the moment a bomb exploded in times square. the feds are hoping that someone will see something that helps them. trace has the latest. >> now, they are doing, megyn, what they did in the boston bombing and hopes that the public might see anything that sparks a memory.

the bombing suspect gets off of the bike and walks up to the military recruiting depo. if you watch the video. the bombers stay there for a number of machines and he lit the fuse. you can see four other people walking by about that time. and that is fuelling speculation he might have had accomplices or look outs and the explosion. the explosion stronger than both of the bombs in the boston marathon. and they were not filled. and no one was injured. only because the passerbies left and the bomb suspect rode his bike. they shed 8 different surveillance street levels and hoping that someone will recognize the biker. it is hard to tell whether it is

a male or female. and police think that this bombing may be related to the 2005 bombing in the uk embassy in bombing in mexico in new york. they were manmade devices and both times the bomber fled on a bike. they are putting up in times square and in new jersey and connecticut and pennsylvania posters kind of reminding people what to look for and expounding on what we shed you here. hoping that their memory is sparked. five years later still very few clues to go on in the times square bombing. >> the issue of race, now rearing its ugly head as one ivy league professor and a new law with late term abortions.

why would you be against them. it is not the one you are thinking about. that's coming up after the break. >> stormy forecast for a popular tv anchor man. what he claims his wife did to them on the court. >> and kid rock quicking off's new tear in the concert world. he joins us live to talk about his support for mitt romney and what it is like to be a republican rock star and what he's hearing from fans about life in the usa. with diabetes, it's tough to keep life balanced.

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this is the scene of someone's backyard east of the st. paul. the chopper was hired for mosquito spraying and went down and hit a detached garbage and burst in flames. no one was in home at the time. the pilot was the only person on board. controversy over abortion in america as the house passes a bill to ban abortions after two weeks except in the incest or rape or mother's life is in

danger. they are unlikely to take it up. and president obama vowed to veto it. one ivy league professor said the supporters of the ban may be racially motivated. >> there is a moral panic here. we have seen it a long time and the obama's ascension in as president. and this is one response to that. and there is a decreasing white majority in the country. and women's bodies are crucial way of reproducing white privilege and supremacy. unbelievable. nmonica crowley and the daily beast, both are fox news contributors. the panel sat silent, kristin. >> how stupid is that statement?

there is nothing true or accurate about it? >> of course, if you were a white supremist. there is a disporportionate number of black women getting abortions. that is for a 13 percent of the population. looking at 2009 in terms of late term abortion. 6,000 in the country. and 66 percent were obtained by minoritty women. >> i don't know if you remember there was a controversy because of a pro-life group put up a big billboard saying that abortion was wiping out babies. if you don't want them aborted you are racist. and if you are pro-life. there are some people who think

that you shouldn't abort one after 20 weeks. >> this debate is heart felt by both sides. they feel strongly about this. once again the attempt to demonize people who feel differently than you do by saying you are a racist and you are a white supremist if you don't want to abort them past the 22 mark. >> she didn't defend her position in the late term abortion. she wanted to support. you can debate that on the merits yes or no. but injecting race in a topic that involves babies of all races. black babies have been killed disporportionate since roe v wa d e. one- third of the black population has been eliminated

and that is 13 million black babies. 40 percent plus, megyn, of all abortions that are carried out even though they make up six percent of the female population in america. we are talking a major disporportionate. and she is injecting the race in the argument. and she's so blinded by the leftist ideology and the abortion argument as a whole she can't see the fact. >> if you are opposed to late term abortion and even people who are pro-choice, they feel differently when you get past the 22 week mark. if you are that. you are a white supremacist. that is happening to the professors at the ivy league school. >> talk about the underlying

bill and barak obama said he will veto it. the white house wants to stop it at 22 weeks. republicans say after 22 weeks you can't. viability is considered around 24 weeks. we are narrowing it to two weeks earlier. this would restrict a woman's health and reproductive rights and an assault on a woman's right to choose. >> same talking points as all of the time. the majority of the country is opposed to late term abortion. and if you ask people, most people think it is 12 weeks. i don't think most people realize you can walk in at 24 weeks. in many states you can walk in and get a abortion for any reason. it is like i decided to do this and i can get an abortion.

they are doing the same talking points and attacking the people's position and why they hate women and races. and they will not exactly talk about the merits. >> democrats came out and said the country is suffering and this is what the republicans want to talk about. and now it seems like the time? >> we have been on the program, krifrten and you and me and megyn talking about it. and the horrors cries out for legislation here. what the republicans did in the house was carve out exceptions for rape, incest and health of the mother. the left is not seeing the forest for the trees. we are talking about life-and-death of viable human beings and they can't get past. it >> it is controversial that they put a rape or incest.

you can be 30 weeks if it was a product of rape. >> it is the emotional part of the mother and the child's rights that do develop in the womanb. at 20 weeks the baby is feel the pain and feel these things. we are talking about a basic human right here. it is a basic are you man rights. and that's about it. >> just a head, the nfl player questioned about a dead body found near his home. >> and kid rock talking politics and music and what he's hearing from his fans about life in america these day.

c cowboyis next. hi. i'm henry winkler.

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and turning waves now. boeb. 20 bucks a seat. that is unheard of. they try to jack up the prices and not bring them down. >> so many look at doubles. there are people if we could sit down and have an honest conversation there might be money to make by giving the fans a deal. not only $20. we put a thousand tickets on the secondary market. we look and undercut and they pay for the first 20 rows and can't buy a seat for the first two. we give them away. >> you pick people you look like you should be in the talk. $four beers. >> i love the cap at one beer.

>> not one kiosk. they say there is a deal and one kiosk and one stand. >> right, with a line. >> it is everywhere. cheap parking and you know, probably going to make good money. >> you are a good businessman at heart. >> scary going into it. if you can't get them in for $20. ntalk to you about 2012. i have known you. you are independent and vote the man. but it was surprising for me to see you play and be an advocate for romney. >> never met a more decent human being. mind boggling how great of a man that guy is. i can't say i would do it for 22 too many.

>> it is blow back. the only righty in the left hand industry. >> nothing wrong to have an honest conversation. i have them all of the time with sean penn. we go at toe to toe all of the time. and we have the dilog and if everyone would calm down. and everybody settle down and i don't think anybody is trying to ruin things. over all, people are sensibly thinking. >> right, i want to she you the clip of you and sean penn. >> i paid for. that check out his work product along with mr. penn. ♪ ♪ you are better than the best.

♪ you drive me wild. ♪ you make me smile. ♪ you make me smile. >> it is a great message. it is so great and i got to give my buddy. i thought it was mike shuman on the iphone. but they put it together for ten grand and sean was immaculate. it is his comfort zone acting and me not so much. it was perfect timing with the madness before the election and people hating each other over politics. you feel we are less divided than we were then? >> i am not so sure, i think

that big wave has passed. you know, it still seemed like congress and people. they don't have much faith in them. and people are up in arms over trying to credit or discredit and not moving forward. >> what do you make of the scandial mania and penning bengterror attack and irs targeting conservative groups. and nsa reading your e-mails or phone calls. >> i don't think they could take two. >> it would break up the day. >> i think geez. >> you think it is something. you turn on one tv station and they might say the other way. and like a lot of people they don't know what to believe.

i think the media is out of hand as the politicians are. we are taking sides and when you go to split conversation between family and friends and neighbors, you are talking out of the behind because you don't know the facts. if we could simplify things whether from the tax code and the way we speak to each other. people would have a better understanding. things are so complicated, the real screw ball is the attorney. >> i am right here, i can hear you. >> we had the conversation when we met. i said what do you do. >> i am a recoverying attorney so it is very different. you liked romney and is there anybody you like now. >> that other black guy. ben carson. >> dr. carson. >> watching him speak and his

views on political correctness and someone who lives in small- town michigan. and the guy makes a lot of sense to 450e. and my makes a whole lot of sense to me. even my buddies who are obama fans when i played them at the national prayer thing, wow, any guy makes a lot of sense. i at least dig where that guy is coming from. >> it's fascinating to watch you evolve, a big rock star, used to be married to pamela anderson, one of your many claims. you are actually a dad with a son in college now and have to pay for college education and have a be a role model. the pressure is on. >> i don't know if i have to be such a role model. you're probably not at the dinner table with your kids, saying look out for that kid rock. >> have you ever seen this? >> my name is tiny d. i'm here to say i have funky

fresh rhymes in a major way have a dog names jasper. if you don't think beyonce fear me -- >> what do you think? >> this is giving white people a bad name. >> got to go. great seeing you. all the best to you. >> you, too. >> we'll be right back.

we are tracking a developing story on a mysterious death and nfl star. police in massachusetts spending hours at the home of new england patriots tight end, aaron hernandez, questioning a man known as an associate turns up dead not far from his home. trace gallagher has the story. >> a jogger actually found the body of the 27-year-old man near the boston-rhode island border. the man reportedly is a semi pl

hernandez. hernandez lived in the area. there apparently was a blue chevy suburban record at the scene rented in aaron hernandez' name. police searched hernandez' home for two hours and took away one box of items and interviewed two men at the home during the search. police say at first aaron hernandez was not cooperative but apparently he has since p e poken with authorities. he is not considered a suspect or person of interest but clearly police believe he does have some information about this. hernandez was drafted by new england in 2010 from the university of florida, tmz is reporting man in miami filed a lawsuit against hernandez last week for shooting him in the face. we have not confirmed this. the man said the shooting was accidental and the gun went off but that he lost his eye. police have not commented about that report at all. clearly, as part of this investigation, they will be

investigating that claim as wel well. >> all right, trace. thank you. up next, james rose sen tracking new questions about whether high ranking state department officials were less than truthful under oath. we'll tell you what this latest kerfuffle is about. president obama drew 200,000 people for his big berlin speech in 2008. today, he did not draw a crowd one-tenth that size. we'll look at what's changed. plus the only thing more dramatic than a twa flight plane crash has been conspiracy theories why the plane went down. this is not your average conspiracy theory. these are folks that worked on the case for years. the feds blamed a fuel tank fire and several others have come forward to say, that's a lie. this is my favorite one.

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fox news alert on the new controversy involving the state department and suggestions that two senior officials may have been less than honest while under oath. brand new hour here of "america live." welcome, everyone. i'm megyn kelly. the state department already under the microscope first about its changing stories on benghazi, then allegations of a political cover-up and two separate scandals overseas. we talked about that last hour with that whistle-blower trying to come forward and now says she's being intimidated. growing questions today about whether two top state department officials may have lied under oath in a lawsuit brought against former secretary of

state hillary clinton. earlier this year, scott bultrowics and tracy mahaffey testified they were unaware of any investigations into the department or any allegations of criminal misconduct and they're getting deposed in a civil case giving their depositions. they were asked do you know of any investigations into state department officials or people in your group? no, not that i heard of. newly uncovered evidence suggests they knew very well there were investigations under way and chose not to be fully honest about them while sitting under oath. our chief correspondent, james rosen joins us live. >> good afternoon, megyn. niece lawsuits set to go to trial in texas later this fall. a veteran agent is suing the department stating he was discriminated by superiors after he refused overseas work

assignments because of his ill daughter. the state has contested his claims. this year, two top officials, scott bultrowicz, the director until february 1st and tracy mahaffey sat in depositions and asked if they new of criticisms of failing to follow procedures or pending investigations into ds? >> none that come to my mind right now. >> i'm not aware of any. >> reporter: however, documentary evidence obtained by fox news shows both of these officials have been informed just about 60 days earlier of preliminary findings of a wide ranging review of ds's operations being conducted by the state office general or oig and been informed oig came to damning conclusions that investigations were sometimes derailed or shut down because of undue influence by state department officials. >> it undercuts the entire

agency in this case the diplomatic security bureau. >> if there is an allegation of misconduct of which i'm not aware of for those two individuals, we would certainly take a look at that, as we would in any case. but, again, bringing up names and litigating people's reputations in the press is something that is been concerning to us to date. >> fox news has also learned that aurelia fed eenisn, whose attorney we heard in the past hour was briefed at length monday by the investigators and house oversight for t sighsight. and one thing like the department of state or oig can qualify for whistle-blower status, our understanding is one can. >> unbelievable. on and on it goes.

i know you're not a couple lore or lawyer but play one on tv sometimes. i'm wondering with what we saw with the dni, clapper, like, no, not wittingly and then these two, with the, not that i'm aware of -- are we seeing signs. they're teaching us body language how to detect possible d dishonesty. closed lips and hand up. what do you think, james? >> i was taken by this testimony and the fact that just 60 days earlier, these people were briefed on these kinds of findings about their own agency. whether there's any accountability for it is really the question that bothers most americans. i can tell you, megyn, that i'm hearing directly and i know certain members of congress are hearing directly from more whistle-blowers alleging a whole raft of improprieties at state and lavish overseas conference and spending and other

inproprieties. this story isn't going away. >> incredible, day-by-day, a department not usually the source of all these selaytious scandals. yet everyday we hear something new about state. james, thank you. >> thank you, megyn. >> been a pleasure having you on. thought that was a great -- no. i'm just mocking my friend. coming up in a bit we will have joe trippy and steve hays here. on this latest -- is it dishonesty? we let you be the judge. is it a pattern leading to decreasing levels of trust in our government. we'll take it up in a minute. today's threats are not as stark as they were half a century ago but the struggle for freedom and security and human dignity, that struggle goes on. and i have come here to this city of hope because the tests of our time demand the same fighting spirit that defined berlin a half century ago.

>> that was president obama speaking from germany's historic brandenburg gate in berlin earlier today. you may remember then presidential candidate obama attracted 200,000 people to a speech at that same city. today, not even one-tenth the size of that number showed up for the president of the united states. the german event coordinator said the crowd count was only 4500. so what's changed? fox news national security analyst is with me now. he was behind bullet proof glass to protect him, to explain the weirdness of that shot. wow. 200,000 as a candidate and 4500 as the president of the united states. >> the ever shrinking obama presidency. look, berlin is where american presidents go to make historic speeches. kennedy went there after the berlin airlift, when we saved berlin from encroachment. reagan went there in a prophetic

speech, tear down this wall, talking about the end of communism. obama goes there, doesn't say anything, filled with platitudes. this will not make the history books. the only thing he said of note we will reduce our nuclear arsenal unilateral and go to the russians and try to negotiate the theirs. why? negotiating without leverage, that's not negotiating, that's begging. >> why would he do this, go back to berlin, the spot where he was received as such a rock star, 200,000 people in berlin to cheer him. it was crazy reception. why do you think his handlers would even allow him to go back knowing it was 4,000 compared to 200,000. >> right. you mean the contrast? >> they knew this would be the story on the news. >> except for the fact i think they're pretty tone deaf. president obama gives speeches, right, and he thinks, if you

give a speech, that means the policy changes or that establishes where we're going. but that's not how you govern. you give the speech and then you follow through. there's no follow through. look at the things he said to putin. the picture yesterday of the picture of putin and obama -- >> the body language. >> they could hardly stand to look at each other. they couldn't stand to be in the same room. obama's going to go to the same man and say, i want you to give up your nuclear weapons just like we are. every time the president has gone to putin and tried to give a good will gesture, we're going to cancel our missile shield in the czech republic. we're going to do all the things you asked us, we're going to claim the united nations is circuit when in fact it isn't. every single time he's been rebuffed but keeps going back thinking this time my good will guesture will be resipcated. >> such a contrast you see the tough talk in particular who can forget this clip with president

ronald reagan. >> general secretary gorbachev, if you seek peace, if you seek prosperity for the soviet union and eastern europe, if you seek liberalization, come here to this gate, mr. gorbachev, open this gate. [ applause [ applause ] >> and then, of course, he followed it up with tear down this wall. >> which i worked for president reagan and worked on that speech. when president reagan added those wordses, tear down this wall, he did that himself. the rest of the government said, don't do that, you're going out on a limb, it's too big a chance. reagan knew where he was going with his presidency. he knew he had all the elements in place that would ultimately result in our victory in the cold war. he put it out there, gave that speech, knew he was taking a chance. compare that to a man who goes today and just utters a bunch of platitudes and says, well, we're going to disarm the world

because we're going to give up our nuclear weapons or good circuit many of them without ability to influence events. >> there's a reason they call reagan 3 great communicator. thank you for being here. up next, we dig in a little deeper on our top story as two top state department officials may have been caught misleading, lying, being less than non nest under oath. where's the accountability? are they the latest in those contributing to a diminishing sense of trust in this administration. also, conspiracy theories about the flight off twa flight 800 have circulated for years and now secret investigators i in the probe of that disaster are speaking out. six ntsb investigators who worked on this crash and what caused it are making shocking new allegations. we will have both sides and principals in the case joining us live.

you're basically telling me this was an agenda driven investigation. >> i think there's a strong possibility of that. the agenda was that this was an accident, make it so. [ male announcer ] this is kevin.

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prosecutors pursuing brand new charges against ariel castro, the man accused of kidnapping three women and holding them in his cleveland home three years. testifying in a pretrial hearing. the chief prosecutor saying he will bring new evidence before the grand jury to request further indictments. castro already faces more than 300 counts including murder, kidnapping and rape. back to our top story, the questions about whether two senior state department officials may have lied under oath when pressed on investigations into wrongdoing at the state department. new evidence suggests scott b l

bultrowicz and tracy mahaffey may have committed perjury while testifying about a lawsuit against hillary clinton. in depositions given earlier this year, both claimed they were unaware of any investigations into the department. not as far as they knew, there weren't any under way. but meeting notes and draftings suggest both officials were well aware of a pending investigation into the state department employees. joining me now to discuss it, former campaign manager fand steve dean, both fox news contributors. they talked about 60 days before these depositions they were fully briefed about the fact the inspector general's office and this group within state were briefed on allegations there had been a cover-up of high officials of misconduct at state. things were being swept under

the carpet, didn't want it getting out, trying to keep the lid on it. these two, according to meeting notes don't know anything about it. they were asked, here's the clip. >> not that i know. >> i'm not aware of any. >> does that not just look d dishonest. is it just my jaded lawyer eye, steve? >> no. i have jaded journalistic eyes. that definitely looks as if they're not comfortable answering the question. to make an obvious but very important point, this is not something these officials would likely forgotten, this briefing they got to apprise them of this investigation. this was an investigation into the practices of the diplomatic security bureau, how it runs, abuses that may have taken place under their leadership. >> they were the head of it. >> yes. all these things happening under their watch. so it not only would have been something they would remember but something they would have no

doubt focused on everyday since and be concerned about what might have ended up being an ig report, indicting, in effect, their leadership of the bureau. >> you know, joe, the reason we're focused in on this is not because people are supremely interested in what these two individuals, most people have never heard of before, testify in some deposition, it's just a continuation of the erosion of trust we've seen in top top government officials. these are not underlings at state, between clapper, right, clapper, like not wittingly and holder, i've never even heard of a potential prosecution of a journalist, hello, james rosen and jay carney at the white house, we obviousnly changed on in the talking points fr from -- come on! >> i agree. the other thing, megyn, by all reports, this meeting where they

were going over the investigation, was very contentious. they were trying to head off this report. not only that, there was specific eight cases there seemed to be influence to push the cases away. the meeting itself was so contentious, how you didn't remember it or how you came up with the answer looking aside and saying, not that i recall. it's a little too cute. bultrowicz, i think, was put on administrative leave back in february, before these depositions even happened and we'll see what happened with mahaffey. i don't know where that is. >> we'll see what happened. steve, have we seen a lot of accountability. forget the underlying actions on benghazi and irs. but for the misleading testimony given about these major

scandals. >> no. we haven't seen any accountability. let me add one to the list often ov overlooked. john brennan when he was nominated to be director of the cia, going up to capitol hill in his testimony there, talking about one of the alleged attackers in benghazi and saying in effect we didn't have anything on this guy, one of these attackers. bob mueller, the fbi director had just been in tunisia chasing down some of the evidence we did have and brennan has never been pressed about it, never asked about it neither has bob mueller. >> let's not forget about the head of the irs saying we don't target anybody. no, not me, vanessa, that's not mine! any get that? joe, just seem likes official after official go before congress or go under oath and they say things that are less than truthful. where's the accountability? which one of those executives has been held to account for the

misstatements? >> we do have a process. these two individuals are going to go through a process and if they did indeed lie or commit perjury, i'm sure there will be severe consequences. >> you are? >> yeah. i believe that. all these things go through the process. we want justice tomorrow, today. it takes time. and they deserve to be innocent until proven guilty. >> you're speaking specifically to this case. other and that holder, who is not being investigated but lawmakers asking questions whether he lied under oath and now starting to hear ron wyden asking about whether clapper lied under oath. where will the accountability fall? will we see that emerge anywhere as accountability and verdict to follow? >> with eric holder he initially gave false testimony in

discussions of fast and furious and later, when it was pointed out to him he didn't really have anywhere else to go he basically recanted and recast that testimony. there wasn't any accountability to that. he was given the benefit of the doubts. now, we've seen this misleading if not false testimony from eric holder again. the president once again expressing confidence in eric holder, no sign he's being shown the door. there isn't this accountability, part of the problem and contributing to this broader erosion of trust in government. >> maybe contributing to an atmosphere in government. everybody does it. i don't know. i don't know. it seems very serious to me to mislead -- to actively lie perhaps, under oath, that's taking it to another level by the way, that was a reference to austin powers, gentlemen. i'll leave it at that because it's a little off-color. good to see you both! >> good to be with you. coming up, new accusations of a cover-up in the twa flight

800 crash from six, six former senior investigators of that crash. former ntsb and other officials breaking their silence in a new documentary saying this was no accident and the american people have been lied to. we'll take a hard look at those claims and have both sides represented. and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite hmb. along with protein, ensure helps rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

the decades long search for jimmy hoffa hitting another dead-end. in michigan, putting away their shovel shovels. >> so on goes the four decade goose chase. you see they brought in the heavy equipment and forensic anthropologists out there two hours and the fbi saying they're certain jimmy hoffa's remains are not out there. they got the tip from

85-year-old tony zarrella, second in command of the detroit mob. he was in prison when hoffa disappeared. he says he knows what happened. here he is. >> mr. hoffa was picked up and taken and buried alive. i would say i'd like to see him exhumed and be buried properly. >> zerilli says he was hit in the head with a shovel and the fbi vetted his story and thought there was probable cause. now, it's back to the drawing board. >> i would say we're always hopeful we'll get a lead we can conclude this investigation both for the process of justice and also for the family. >> think about this. 45 years, megyn they have had seven different full on searches for jimmy hoffa's body and have nothing. maybe it's time they dig up

giant's stadium section 107 because that was the tip never fully followed up on. >> unbelievable. we're still on this. thank you. >> okay. a stormy forecast ahead for a very popular and well-known tv weatherman after both he and his wife are ordered to appear in court on assault charges. they say she allegedly beat his backside with a wooden hanger and that's not all. the dramatic new claims on the crash of twa flight 900, both sides, the former mitsubishi guy wfbi guy and who said it was an explosion in the gas tank and the man who made this documentary with six whistle-blowers saying that's not true. join me live next. >> nothing the fbi learned about the investigation was provided to us. >> we didn't have much cooperation from the fbi on any

part of the investigation. >> they controlled the access to the wreckage. we were never allowed to see it until all the evidence techs from the fbi had looked at it and decided that we could see it. i mean, this was unheard of. after a workout, i had a heart attack here in this gym. luckily an emt gave me a bayer aspirin. i don't ever want to have another heart attack. i'm on a regimen of bayer aspirin. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. be proactive. see your doctor.

developing now, reaction to stunning new claims that the twa flight 800 disaster was no accident. 17 years ago, next month, that boeing 747 plane went down over

long island after taking off from new york's jfk airport en route to paris. all 2:30 people on board died. they painstakingly reconstructed the wreckage. swirling about what brought the flight down. the official explanation, a gas tank explosion, for the crash. and now a documentary featuring several secrets involved in this case, men who worked on this case who say that is flat out wrong and they are alleging there was a cover-up. >> there was a structural piece of the aircraft lying on the floor that had three holes blown through it like a .22 through a tin can with an obvious entrance and exit side of the penetration. i was about to take a picture of it and somebody tapped me on the shoulder and said, don't take that picture. i said, who are you to tell me

not to take the picture. he said, fbi. >> because jim wasn't allowed to take a picture of that part, he looked around the hangar and found other parts with similar holes. i'm looking at this and i don't know how these occurred normally in a fire. >> reporter: what would your analysis have been? >> the primary conclusion was the explosive forces came from outside the airplane, not the center fuel tank. >> joining me now is tom, co-producer of the twa flight 800 documentary. joining us by phone is jim calstrom, the former lead fbi investigator in this crash. thank you for being here. jim, if i could start with you, as you are featured heavily in the documentary although did not participate in it. you are at the earnhardt of the documentary because a lot of ntsb guys believe the nine

covered this up. they're suggesting although not coming right out and saying this was more likely the result of a missile that took down this flight and they suggest the fbi and others worked to cover that up. your thoughts. >> it's a crazy idea. nothing can be further from the truth. we turned over heaven and earth, particularly for the missile. the fbi thought there was a chance a missile would be shot at the airplane. we knew there were missiles all over the world stolen from the national guard armory, et cetera. the thousand agents i had working on this matter at the peak, we had at least 100 working on the missile theory and brought those in from china lake and those are the missile experts for the united states military. we had some experts at mit. i brought in special metalur

gists from alcoa. and ntsb. we looked at every piece of that airplane multiple different times by all those experts. we knew all about different experts and how they explode and the type of warheads that could be used. we followed that to the end, believe me. i have a vested interest in this investigation, not because i was the head of the fbi. >> this is a picture of you. >> but because one of my dearest friend's wife died on that airplane. >> this is a picture of you holding up aluminum showing you did conduct tests to see what it would look like if a missile hit that aircraft. >> tom, you're a physicist who just took a citizen's interest in this case and began following up and hooked up with these ntsb guy, six of them, on the investigation, not ran document ntsb guys, they were on this

crash investigating it and they believe as you do this was not a gas tank explosion. your response from what we just heard from the former fbi investigator on this case. >> they did look for evidence of a missile, that's true. the thing they were looking for was pitting and things that happen when a missile explodes close to metal. the majority they neglected to focus on was a missile exploding some distance from the aircraft that would not leave the signature as bomb or missile if it exploded near the aircraft. there were holes near the fuselage from inside in, documented. some had high velocity characteristics. that's documented. richard from china lake did come out just as he said and said there is evidence consistent with a missile diving down above the aircraft and coming down near the left wing. i can't imagine that happening. that's what he says in his report. in fact, that's what the witnesses said. there's an object that came on

his left side from above, went down, exactly consistent with richard bot of china lake that did come down and look at these records. >> i want to ask you, this is a clip from the documentary, in which they play some of your statements about what witnesses said on the subject of was there a missile? then they play a bit of a cia animation that suggested the plane broke, nose came off and the body of the plane continued to askinned and the film calls that cartoonish and not possible. i want to show you this clip and get you to react to it. >> there were about 200 people that saw events in the sky they described, none of which described a missile. >> just after the aircraft

exploded, it pitched up abruptly and climbed several thousand feet from 13,800 feet to about 17,000 feet. those who said they saw something askinn skenscend and in explosion probably saw the burning aircraft ascend and culminate into a fireball, not a missile. >> not a missile. never was, never will be. >> the cia video, what do you think about that? >> a nice cartoon. >> reporter: did you happen to watch the cia animation of what happened? >> yes, i did. >> reporter: what did you think about that animation? >> that animation didn't resemble anything i saw any way whatsoever. >> for our viewers, jim is with us by phone. you are the fbi featured in that clip. this is the first you had to react to it. your thoughts. >> megyn, that is 17 years ago. i'm on a cell phone. i don't see it. i remember the animation.

whether it's amateurish or not is irrelevant. there was no evidence of a missile hitting the plane. we fired all types of missile warheads at carcass that were out west in the graveyards where airplanes go, so we could have a database of what this type of damage looked like, missiles inside and outside. at my last meeting on this all the experts came in from the military, all our metalurgists came in, all the other people came in. i said to them, look, is there something we're missing here? is there something that can't be seen or we should take further investigation? the answer was no by everybody. it was a preponderance of experts and, believe me, we left no rock unturned on this thing. whether or not someone like the animation or whether some eyewitness didn't see what he

thought he should see, eyewitness testimony is usually term terrible to begin with. i don't use that as an ex, you that's just a fact. the bottom line is where did this new evidence come from? the plane is still in the hangar. somebody should go and show the ntsb what you're talking about. it's all been looked at numerous times. >> let me get you to weigh in on that, tom. >> yeah, sure. with all due respect, mr. kallstrom, you did order that cia animation to replace the actual witness testimony. you wrote a letter to the ntsb three weeks before the public hearing on the crash and before it was released specifically requesting the ntsb chairman not allow any eyewitness to come an testify. to date, not a single eyewitness out of 670 your investigators located ever testified publicly on this. why did you hire the cia to create this falsified animation which showed an aircraft

climbing which is physically impossible. it's actually impossible based on the radar evidence. if you're going to climb that sharply, that plane has to slow down just like when you ride a bicycle up the hill. the radar data shows no reduction in airspeed. how does it climb? it didn't turn and climb and went down as our animation shows. if you want to tell the world what the eyewitnesses saw, let them testify. that's what you should have done back in 1997. i think you should request that's done right now. >> i'll let you weigh in on that. i'd also like you to quickly weigh in on why would there be a conspiracy to cover this up? >> i don't know, megyn. if these ntsb investigators are on site and they have problems with -- these are separate agencies. we do criminal investigations, ntsb does mechanical pilot error, non-criminal things. if they have problems with their chief engineers, they certainly could have come to me or they could have been real men and

been whistleblowers back then and if they wanted to prove their conclusions we could have done something about it, not 17 years later now that they've got their government pensions and they feel safe. it's a crazy idea. it's particularly offensive to me this is coming forward now, not from the standpoint of whether it's incorrect or correct, i know it's incorrect but in particular the families that went through hell on this thing, the families we were totally bonded with, including the young lady that i was in her wedding and her husband was an agent that worked with me in the fbi office. the notion i would cover up something -- i don't recall telling ntsb not to -- not to interview anybody. they could interview whoever the hell they wanted to. a separate agency. >> i understand. i want to tell our viewers and the there's so much more to say, tom. the documentary is fascinating although jim would say incorrect.

>> it's fascinating just like walt disney is fascinating. >> he's still with us. folks can check it out and hear tom's full theory, not just tom the ntsb secret investigators interviews. it's on epix cable network. we will be right back.

kelly's court is back in session. on the docket today, a tv

weatherman at the ender of a stormy brawl facing assault charges from their connecticut home. they argued about a car in the driveway and escalated with the wife hitting the husband on his backside and the husband allegedly punching the wife in the face. both husband and wife suggest the other started it. how do the courts sort that out? joining me now both former prosecutors and now defense attorneys. arthur, how do they? >> the worst cases the worst worst cases for everyone. police officers in new york city are harmed more reporting domestic violence calls more than any other call. basically what usually happens if they weren't husband and wife and two individuals who got into a fight and they both get arrested you have what they call resimp res reciprocal contemplation dismissal. neither of you get in trouble for six months and we're done. here, you have the divorce

lawyers and they're posturing and will use this in their divorce case so it will be more complicated and probably won't be resolved as quickly as it should. >> that's how it first got brought to the authorities attention, right? >> it didn't get brought to the authorities's attention for two weeks after the alleged incident. is there no such thing as a fun divorce. you can't call the cops if your husband leaves the cap off your toothpaste while you're going through it. this amounted to that. they had a scuffle over keys. two weeks past and her divorce lawyer said, i think you better report this, probably to gain an advantage in a divorce case, another thing we shouldn't use police for. >> she lived to regret that. not only did bill get charged, she got charged. they're both facing assault charges. >> what you're saying is right on. there is a scuffle over the keys, divorce lawyers go, yah-h, if we can charge him with a crime, that will help you with

finances and custody of the jin. that happens with every case and that's horrible. >> how often do you see the woman charged. she's alleging her husband punched her in the face and he's alleging she did terrible things to him physically where it hurts. so often when a husband and wife fight physically they only charge the guy. >> it's very very rare for a woman to be charged because men are typically physically stronger and bigger and if the cops are going to err on any side they want to protect the physically weaker person. because this wasn't in the later, the cops didn't have a choice, they had to charge them both. >> or he had physical evidence or scarring on him or something that gave the cops no choice -- >> two weeks later? >> you never know where he was hit, things get black and blue for a long time.

i'm the only one on this panel who would know that. >> we won't touch that. >> let's not touch anything. >> let's not touch anything. how they got in this mess to begin with. what do you think? do you think in this case they will wind up pleading to assault will wind up pleading to assault you're getting a divorce. let the cops do what they're supposed to do, save the person down the road from getting shot. >> megyn: and don't fight in front of your children. arthur, jonna, thank you. we'll be right back. constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax and metamucil that can take up to 3 days. for predictable relief try dulcolax.

>> megyn: sad news. the bestselling author of political thrillers like american assassin and term limits, vince flynn has died. eric shawn has a look at his

career. >> the novels taught the exploits of mitch rap, traveling the globe to defend america. vince flynn succumbed to a two-year long battle with prostate cancer. he was only 47 years old. his books were so authentic they related the highest levels of washington. >> they put the books under security review and look at them. one time, mary madeline called me and said what did you do? i said what do you mean? he said i got a call from secretary rumsfeld. >> rap ace mission was to stop middle east terrorist from attacking our country. the character inspired to join the cia because his high school sweetheart was killed on pan am flight 103 brought down by libyan terrorists. flynn's final book, the last man, put rap inning afghanistan. flynn was a consultant in the fifth season to the fox network series 24 and said one fan was

president bush. >> the president looks over at me and says, you're a little too accurate, if you know what i mean. >> and flynn also spoke out on the terrorist attack in benghazi. >> it was a planned terrorist attack. they'd been scouting this guy like with the british embassador, looking for ways to get at us. so the question is, and i -- we talked about this after 9/11. it's ridiculous nobody was fired. nobody ever got fired after 9/11. nobody at the fbi or the cia. now we're going to get through this ban gaza deal and nobody's going to get fired because nobody will tell us who blew it. >> when diagnosed in january of 2011, flynn wrote my faith has seen me through the darkest moments. this is a battle i don't plan to use. this is serious but i have lots of options for slowing this down and then hopefully killing it. sadly, that was not to be.

vince flynn leaves a wife and three children and a legacy of unforgettable stories that embody the best of the american spirit. >> megyn: vince flynn, gone too soon at 47. he will be missed. we'll be right back. okay team!

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we said there were six investigators from the team at a looked into this, they're not all ntsb. one is a pilots association guy and so on. thanks for watching. i'm megyn kelly. >> shepard: the news begins anew on "studio b." new england patriots with a new problem. star aaron hernandez in the middle of a possible murder investigation. why police searched his million dollars home last night. did the head of the national security agency lie to congress about whether the feds can listen to our phone calls and read our emails if they choose? judge napolitano said he did indeed lie. the judge will join us to explain. and important new details on drones. the head of the fbi said hours ago that the feds do use drones to spy on