send it to us at jer at fox news.com. follow us on twitter at jer on fnc. i'm stuart varney, paul will be back next week. a fox news alert as tensions growing in ukraine's crimea region, pro russian forces refuse to let european peace keepers in. welcome to a brand-new hour of america's news headquarters. i'm arthel neville. >> i'm gregg jarrett. ukraine's interim government will not let russia take over crimea. as president obama calls world leaders today trying to find a peaceful solution to the crisis. amy kellogg is live in kiev with

the latest. >> ukraine's foreign minister wants to thank president putin for giving something ukrainians to rally around. it is not that simple or clear at all where this tension is heading. today european peace keepers were stopped from entering crimea. there were warning shots as they tried to cross the border. they contenter. a lot more military vehicles were seen rumbling through crimea today russia warns the u.s. reckless steps could harm the u.s./russia relationship. they insist a referendum at this point could not possibly be fair. >> there is a lot of

psychological and informational pressure. i even think we should call it terror on all the people in crimea. >> that referendum is set for march 16th. it was moved closer and closer, it was supposed to be originally in may the end of march. if this vote fair or not results in crimea's parliament saying the people have voted to join russia, what happens next? ukraine has been clear they don't want to escalate the situation. they kept their forces quiet and asked them not to respond to any provocation. when that day comes and if that decision is made, the question is what canoe crane do to change the situation? they can say it's illegal, unlawful but at the end of the day we see what's happening on the ground. facts on the ground. what can the rest of the international community do

besides saying its territorial integrity just be respected. >> thanks very much. >> the question is how do we get here? it all started november 21st when the ukrainian government suspended preparations for signing an eu trade agreement, citing with russia, triggering the first widespread protest. on january 22nd the first protest fatalities were reported. two civilians hit with live ammo and a third killed after a fall with violent clashes with police. parliament voted to remove yanukovich who leaves kiev as a popular opposition leader is released from prison. pro-russian government seize key buildings and as recently as tuesday, russian president vladimir putin says the leaders seized power in a coup denying

russian troops have taken over crimea. syrian government forces reportedly taking back a town close to the lebanese border from opposition groups. it is one of the syrian army's latest attempts to cut off opposition fighters' supply lines and shore up hold on the main highway that runs through the area. the town was one of two of the last strong holds for rebels. the bloody war entering its third year and united nations estimate more than 100,000 people were killed and millions more displaced. the latest on the missing malaysia airlines flight. the boeing 777 with 239 people onboard went missing yesterday, falling off radar screens less than an hour into the flight from kuala lumpur to beijing. vietnam's air force finding two oil slicks near the southern coast where the plane was last

heard from. no sign of wreckage leaving families of the missing waiting for word on their loves ones with little hope. the airline ceo saying no distress signal was sent indicating whatever the cause. it was probably quick and catastrophic. there is word that two passports used to board that flight were stolen. the people listed on those passports were not on the plane. domini domini dominick di-natale has more. >> one man philip wood is from texas. on facebook a woman claiming to be his former wife described philip wood as a wonderful man and says although we are no longer married, he is still family. his sons and i just want peace and quiet right now. this is my statement and they

ask for the media to leave them alone. two other u.s. citizens identified on the manifest. the malaysiian authorities have been working with the united states to confirm the i.d.s to ensure they were genuinely on the flight. that is beginning to look clear. malaysia officials saying they have not ruled out terrorism at this time or any other cause. they are saying it's too early to draw conclusions. with only two oil slicks found as evidence of the plane being in the area, aviation experts are puzzled as to the cause of its disappearance. take a listen. >> if it was a bomb or

explosion, it would be debris spread over a large area. the airplane was probably up at 38,000 feet or so. it would spread out a lot. if it just went down in a straight dive which is very perplexing, you would probably not have it. that may be the oil slick. >> the plane 777 as a model is known for being able to fly on one engine up to three hours. both engines fail, it doesn't normally go into a nose dive. experts are thinking something indeed catastrophic did happen in the air, otherwise it would have been a gentle glide down is what the experts i've been talking to are saying. questions being raised as really what happened as it was flying at 37,500 feet. back to you. >> it's so hard to see those families there grieving. thank you very much for that report. >> the u.s. navy is sending a ship and aircraft to the region to scour the skies and the seas.

janice dean joining us with what the weather in and around that suspected crash site might mean for the search evidence. >> the departure conditions were perfect. there wasn't any moisture in the area. we did have some showers and snow across portions of southern and central china. along the flight path, clear conditions, departure conditions, partly cloudy skies, temperatures in the upper 70s and light winds. weather not playing a part, we don't think, in this mysterious case of this airliner missing across the gulf of thailand. conditions over the next couple of days as the search conditions, clear skies will remain and temperatures will be warmer. we don't see any precipitation in and around the area. there is your forecast satellite radar over the next three days. as you can see, the search area outlined in red here and we don't see any

hopefully the families will have answers soon. back to you, greg. >> that will help in the search. thanks very much. >> the company says it discovered hairline cracks on the wings of 43 yet to be delivered dreamliner jets. boeing estimates eat jet will take one to two weeks to inspect and correct. the cracks were not found in any currently in use. last year boeing stopped 787 deliveries for three months during an investigation into problems with its lithium ion batteries after fires started on several aircraft. a tampa walmart is pulling steaks off their shelves after selling a steak tainted with lsd to a family of four. all four ending up in the hospital after beinging ill and suffering hallucinations, including the mother who was nine months pregnant with their third child. doctors induced labor after the

family arrived at the hospital. the child and mother reportedly are healthy. walmart says it does not know how the drug ended up in the steak and maintains all of its meat comes prepackaged. tampa police are investigating. unbelievable, right? walmart had this whole campaign, no, really, buy steaks from us. >> prepackaged. coming up, a small plane loses engine power forcing an emergency landing in the middle of a crowded neighborhood. how the pilot managed to make it out alive. our nation's roads literally going to pot. the bumps are adding up. my car has taken a hit. and so are the bills of many folks. we'll have a live report on this. it's horrible. you can feel your car jumping up like on a roller coaster ride.

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winter weather taking a toll on the nation's roadways as they have the cracks and craters to prove it. pot holes becoming a costly headache for drivers damaging tires and rims as well as public works have to fix the big holes and shell out lots of money to make repairs. brian llenas with more. >> the constant melting of snow causing water to crack into our deteriorating roads and highways is causing major pot holes over time. 7,000 pot holes have been filled in boston so far. that's three times more than the last two winters combined. in new york, 150,000 pot holes have been repaired. an all-time record for the city. in chicago, 215,000 pot holes

have been filled, well ahead of the annual pace. >> horrifying. it's very hard to drive. very dangerous. >> horrible. horrible. i'm hitting them left and right everywhere. >> there are deep ones. those are the ones that get you. on the on ramps, there are nice big ones. >> nationwide the average drive is spending an extra $300 on their car in the northeast an extra $800. aaa new york reporting a 25% incontrai increase in calls from drivers this january compared to last year. the number of flat tire calls nearly doubled. chicago and indianapolis set up pot hole tracker websites. they report and track repairs. officials in boston are asking you to use twitter hash tag spot holes to locate pot holes. crews work every day to repair the roads.

>> fast as we fill them we get another storm coming in and it causes the salt to seep in the roadway. it's never stopping. >> pot holes cause about $6.4 billion a year in car damage. new york city alone is spending an additional $7.3 million for road repairs this year. arthel? >> not to mention a lot of cities and states don't have the budget for that. brian, thank you. >> it's not just the salt, it's the snowplows that come along. if they hit anything in the road, it diction up the road. >> it's dangerous. >> especially at night. you can't see them until it's too late. all right. some frantic moments in a florida neighborhood. a pilot saying his small plane lost engine power while returning to a miami airport, forcing him to make an emergency landing in a lake in this busy

residential neighborhood. a water landing to avoid hitting any of the homes. >> we seen the plane going around in circles. then it starts coming down, down and down. i never thought it was going to land in the lake. >> me and my wife helped get him out of the water. he explained he ran out of gas so he was looking for a safe place to land. he saw the lake. >> the pilot walked away without a scratch. didn't that say geico on the tail of the plane? i hope he spent the 15 minutes. >> i'm not saying anything. >> it's a bad joke. conservatives are fired up as speakers rally the crowd at cpac. can they help regain the senate for the gop? our political panel weighs in next. >> taking the gavel out of harry reid's hand on the first tuesday of november is going to feel pretty darn sweet.

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cpac is finishing up today after high energy speeches from conservatives. the enthusiasm really being shown from two growing groups attending the conference, the tea party and libertarians. they're getting serious face time thanks to senator rand paul who received a big ovation after he said this about personal freedom. >> as our voices rise in protest, the nsa monitors your every phone call. if you have a cell phone, you are under surveillance.

i believe what you do on your cell phone is none of their damn business. >> all right. what is going on with this? joining us now is cal thomas, syndicated columnist. and chris covenus. your column was really funny. but i got to say, when you got down to the serious business, it struck me that you were not terribly impressed. what was the reason? >> well, there is always the danger at this things and i was there for the first day and when you get together with like minded people, and that's all there is, frank youly the profile that was there does not look like america. there were mostly white, fortunately in my view a lot of young people there, a lot of college students. not a lot of hispanics. not a lot of african americans.

this is not the future of america. and there was a lot of negativity. conservatives don't like the president, the government and high taxes and big spend. but as chris christie said, what are you for? that's what people want to hear. >> and that may be something they have to do in 2016. speaking of which, cpac may have been looking to the presidential election, but there was quite a bit of focus at this year's meeting on the midterms where democrats could lose the senate arguably because of obamacare. here is why. put it up on the screen. 57% oppose obamacare, only 38% favor it. and these senate dems are vulnerable, not only trying to flee from obamacare, but president obama. the next poll shows that the president would alienate voters 44% less likely to support a candidate if president obama campaigns for them. even worse among independents. so how do dems get out from under that? >> well, it's a challenge. it's a challenge for any

candidate running in the second term of the president that are a member of that party. you tend to lose about six seats in the senate. the six year itch ironically. on obamacare, you look at most of the polls, i will grant you the fact there are people who clearly don't like it, but when you ask should it be repealed or repaired, overwhelming majority the of americans want it repealed. so that gives you an ability to nullify angle the republicans will have which is basically to say we hate obamacare. but you have to have an alternative and that is the strategic mistake republicans have made. you cannot replace a bad idea with no idea. and that is their challenge. >> your argument that the gop needs to be constructive and advocating their on plwn plans,t does sound like good advice, but

would you agree criticizing obacare is probably the best strategy because it's proceed foundly unpopular. look at this, president's job approval rating at an all-time low. look at that, 54% disapprove. >> well, i think that the positive agenda does work. and i do think that just saying that harry reid we're take the gavel away from them, all of that gets big cheers, but look, people are tired of dysfunctional government. i think the republican campaign theme song something borrowed from the positive. you have to accentuate the positive, eliminate the negative, latch on to the affirmative. people want to be led and encouraged. and the grunt work is done on the ground among the people. and that is where the action is. i think there is a lot of stuff in government that isn't working. a lot of it the left is responsible for. let's have a positive agenda. >> i don't think anybody under 50 remembers that song.

>> i do. >> they can google it. >> last word. chris, wrap it up for us. what do you think? >> i think it will be a challenging midterm, but the part that i found fascinating watches the cpac is there wasn't a lot of new faces or new voices. i think the republican party if they want to compete not just in the midterms but into '16, they have to have a different vision. you at least have to talk about it in a way that doesn't make people uncomfortable in the middle. >> all right, have to leave it at that. thank you. coming up, the u.s. navy now joining the search for a missing jetliner. back in a moment. [ male announcer ] frequent heartburn? the choice is yours.

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fox news alert. i'm gregg jarrett and welcome to america's news headquarters. >> topping the news, the u.s. state department confirming three americans including a baby were on the missing malaysia airlines flight. the jet disappeared while flying from malaysia to china with 239 people on board. vietnam's air force has spotted oil slicks believed to be from the boeing 777, but there is no sign of wreckage. and now the united states navy is joining the search efforts. david piper is streaming live.

>> reporter: huge international search situation is not under way around the south china sea. as you said, the vietnamese military has said that their aircraft has seen two huge oil spills in that area. now, that oil could come from the fuel tanks of the plane. no confirmation yet if they have found the plane and the vietnamese navy is sending two boats to the area at this time. aircraft and ships from several nations have been searching the south china sea for several hours now, but malaysia's transport minister says so far no wreckage has been found. malaysian airlines boeing 777 went missing early hours yesterday morning on a flight from the malaysia capital to beijing. it had 227 passengers on board and 12 crew. there were 14 different nationalities on the plane, including three americans. 150 of the passengers on board were chinese nationals. contact was lost with the plane

two hours into its flight. at that time, the plane should have been flying close to the vietnamese coast. vietnam has said the plane didn't enter its air space. the government's website says the plane operated south of vietnam. weather was reported to be good at that time. friends and relatives have been waiting anxiously for news. some have voiced their frustration at the lack of information being released by the airline. the boeing 777-200 is a long ranged aircraft powered by two engines. it has very good safety record as had malaysia airlines. it's now 24 hours since this plane was lost contact with and there seems the hope not that there will be any survivors. back to you. >> okay, david piper, thank you very much. some new efforts in washington to end the ongoing crisis in ukraine. a short time ago, president obama wrapping up a series of

telephone calls with six european leaders on the mounting tensions in crimea. this as russia warns the united states that any sanctions against moscow will, quote, boomerang back on the u.s.. molly haniburg is live in wurg. >> reporter: the white house says president obama spoke separately with leaders of britain, france and italy and noted the strong unified stance of the u.s. and european union in dealing with russia. even though europe has been more receipt sent. the president also spoke on a conference call with leaders ofis tonya, latvia and lithuania. the u.s. has stepped up air patrols and in the call today, the white house says, quote, the president reaffirmed the united states unrafring commitment to our collective defense commitments under nato, and our enduring support for the security and democracy of our baltic allies.

meanwhile russian president putin's government is pushing president obama not to impose further restrictions or sanctions on russia. the russian foreign ministry put out a statement yesterday telling the u.s. to avoid, quote, hasty poorly thought out steps that could harm russian/u.s. relations. especially concerning sanctions which would unavoidably boomerang on the u.s. itself. also, house republican speaker john boehner is responding today to a letter sent to him by the ambassadors from hungary, poland, czech republic and slovak republic asking the u.s. to export more natural gas to central and eastern europe to counter any potential decision by putin to cut off russia's natural gas supply. boehner says, quote, i hope president obama will heed this call from our allies to use his pen and phone to direct the secretary of energy to immediately approve pending natural gas export requests and do everything possible to use american energy to reduce the dependency on russia for our

friends in europe and around the globe. the state department has said that europe has enough natural gas to last for several months if necessary. gregg. >> molly, thanks very much. well, the annual cpac ends later this afternoon with a closing address from sarah palin. and the results from this year's straw poll, chief political correspondent carl cameron live at cpac. carl. >> reporter: good morning. we should make the disclosure that the straw poll is very unofficial. politically not that meaningful in the long term. but it is a snapshot of how these very conservative members like who they have heard from. there have been nine would-be presidential candidates to speak to the organization over the last two days. and the ballot of the cpac straw

poll which will be the results of which will be announced later this afternoon has 30 plus candidates on it. is that right, 30 -- 26, i'm sorry. 26 candidates. gets lost in the numbers. this reporter could get you up to 16 republicans who might make viable potential candidates which is kind of night in the terms of 16 for 2016. but to get to more than 20 is pretty astounding. who gets selected here? if the past is an indication, rand paul won it in 2016 and he gave a stem liner of speech yesterday. it's largely focused on beating up on president obama, but there is a tremendous amount of dissent. republicans are frustrated. they have been out of the white house for more than five years and they're having problems in congress, so a lot of animosity towards republican leadership, as well. and we've heard speaker after speaker saying it's time for the republican leadership to get a bit more spine with their

conservative and not machl so many compromises. cpac straw poll results will come back in just a few hours. about 6,000 conservatives around the country have been here for this conference and we'll have the results for you as soon as they come out. >> sounds good. carl cameron, thank you very much. lois lerner coming under fire yet again after showing up and then refusing to answer questions over and over about the agency's targeting of conservative groups. and now the former irs official could face some pretty serious charges from congress. elizabeth. >> reporter: lois lerner who declined to answer questions at congressional hearings citing the fifth amendment gave an interview to the justice department. that according to her lawyer, the hearing wednesday sparked a heated exchange between the chairman of the house oversight and government reform committee

representative darrell issa and representative elijah cummings. later cummings said the actions undermine the integrity of the committee, but he also says lerner's information should be made public. >> i think the entire committee is entitled to that information and as a matter of fact i think the congress is it. >> reporter: the agency and house are investigating the alleged irs targeting of conservative tea party groups seeking tax exempt status. the doj has not granted immunity. a spokesman says the revelations show there is a clear contradiction between refusing to testify based on a supposed fear of prosecution and talking to the prosecutors. others say lerner is in contempt of congress. >> she is once again pleading the fifth and what should have happened is immediately we should have moved to take actions to hold her in contempt of congress.

it's >> reporter: the irs agreed to turn over additional documents and e-mails. gregg, back to you. >> elizabeth, thanks. so as elizabeth mentioned, the ir is the has agreed to turnover documents and e-mails from lois lerner. so could this end questions over targeting? we bring in now the chiefover d lois lerner. so could this end questions over targeting? we bring in now the chief dock at correspondent at the washington examiner. so let's start here. i wanted to ask you, is it legally or constitutionally possible that lerner could face contempt if she continues to be silent? she has a right to invoke the fifth amendment against self incriminal nation, however, some believe that lerner waived that right. or is it more about ethics, you work for the people, now speak

to the people. >> i think its he more the former. when she first arrived in congress to talk about the alleged targeting, she gave a 20 minutewhen she first arrived in congress to talk about the alleged targeting, she gave a 20 minute preamble defending herself. after that, she refused to testify. republicans assessed the situation and decided that that meant contempt of congress because she already started talking and then she decided to clam up. so i think that is the main argument here. when she returned again last week, she invoked the fifth amendment once again. again there is that outstanding issue. we also heard last week the speaker of the house say that he believes if she in-s to keep her silence, that she should face contempt charges. so i think it could very well happen in congress. the question is if congress decides to hold her in contempt -- if the house decide, rather, which they well could because it's led by republicans, what happens next. will she really face charms. >> rig charges. >> so the irs is now agreeing to

turnov over more documents. what will committee members be looking for? and should a special prosecutor should be brought into the investigation? and finally, if you would, what do you make of the politics behind all of this? >> well, first of all, whether or not there would be a special prosecutor, jim jordan of ohio a republican on the oversight panel, he believes an independent prosecutor of some kind should be brought in just because the republicans have been unable to get the information they're seeking from the irs. now, as you just mentioned, on friday, the irs decided that they would hand over lois lerner's e-mails. that's a big development. and it could tone things down if republicans feel like they're getting the information they're looking for. but i have a hard time believing that the democratic administration will hand over incriminating e-mails that they think the republicans can use as a political weapon. >> could they decide what e-mails they hand over? >> absolutely. in fact, what they can do is hand over a big stack of e-mails

and much of it could end up being redacted or there could be big gaps. that's what they've been getting so far from the irs and that's what's frustrating. >> won't it look like they're trying to cover something up? >> well, they did it with benghazi and the irs, they did it with the gun running operation. they often turnover missing -- they turnover information, but it's missing important elements. and republicans have been frustrated with that. i think it all ties in to whether or not she will face contempt charges. if republicans still feel like they're being stone walled by the irs, that will escalate the contempt charge issue. ic the big question is what are we going to see and we'll start to hear pretty quickly whether or not the house ways and means committee, which is the committee that will receive these documents, whether they are satisfied with what they're getting from the irs. >> and speaking of that committee, i want to call in now a statement from chair david camp. from the few lerner documents we've received, we know

washington, d.c. orchestrated the targeting of groups applying for tax exempt status, surveillance of existing tax exempt groups and formed the proposed 001 c-4 rules designed to push conservative groups out of the public forum. so we already talked about if they find that there were layers of deceptions on the part of the irs, you know, you said you're not sure if someone will get fired or if they could face jail time. but moving on, i want to say this, that as you know, congressional democrats acknowledge that it was wrong for the irs to ask improper questions of the tea party groups. but they say, listen, some progressive groups were put under the microscope, as well. adding that there is no evidence showing that the irs employees were ordered to target the tea party. i mean, do you think the additional e-mails and documents will corroborate this or dispute this? >> that's certainly what republicans are looking for. they believe this is a connection between what was happening in the ohio office where this originated and

washington, d.c.. we already know that lois lerner was saying this issue was too big for cincinnati to handle, that washington needs to be in charge of it. there's all kinds of hints that washington was involved. republicans believe strongly that that is the case. and that if they see the e-mails, they can find a link that they're looking for. and i also believe that if lois lerner -- if they do find she is involved, that she's not going to be off the hook here. don't forget, she's already talking to the justice department, civil rights division. and she's sort of gotten a wink and a nod that she won't be prosecuted if she is involved in this. i wouldn't rule that out with congress, though, because if they do find a real strong link there, republicans aren't going to let that go. on the other hand, they're not getting the information they're looking for. that's where we might see the contempt charges come in rather quickly. and gone, it's not good for the democrats. if you look at the recent fox poll, you had 64% of voters saying they think there is corruption in the irs. democrats know that this is a

big issue which is part of the reason they're trying to comply with the request for the e-mails. they want this to question away. republicans feel like there is a lot more to it. >> susan, i have to leave it there. thank you very much for your extensive comments. appreciate it. see you next time. a major highway shut down by massive rocks, incredible images from the state of colorado coming up. also, a world war ii honored for his heroism during pearl harbor attacks. and a man who lost $500,000 bucks on a super bowl weekend now suing the casino. why he thinks it's the he came see know's fault. >> really now. >> yes. starts with back pain... ...and a choice. take 4 advil in a day which is 2 aleve...

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having the internet at home means she has to gno further thanhe kch tle to do her mehork. now, more than one million americans have been connected at home. it makes it so much better to do homework, when you're at home. welcome to what's next. comcastnbcuniversal. it's time for a quick check of the montana's floodwaters creating treacherous conditions as emergency officials warn that more flooding could be on the way as rising temperatures melting all of that snow in higher elevations. russia members of moscow's

lbgt community marching to celebrate international women's day when they came under attack by a group of anti-lgbt protesters. the mob detained by police. a missing 11-year-old maryland girl has been found alive. she vanished after her mother was murdered. police say she was in south carolina with her father who is now charged with the mother's death. a brave u.s. veteran telling his story of survival decades after his ship was sunk by the japanese at pearl harbor. our fox affiliate in sacramento has his inspirational story. >> i'm not surprised i haven't broken done. i'm trying to control myself. trying to control my emotions. >> reporter: 96-year-old durrel connor probably thought he'd

never lay eyes again on this giant flag after all, it's been more than 70 years since durrell grabbed the fallen flag from the deck and raised old glory to a cheering grew below while under attack in pearl harbor. >> the captain had told everybody to abandon ship. and because the fire was tremendous. and the wind changed and blew the smoke away and he changed his mind. and he asked everybody to come back and save the ship. and that's the time when i noticed the flag hasn't been raised and i figured if we're going to come back and save the ship, we need the flag. >> reporter: connor shares this picture taken just moments after he raised the flag. >> that little figure is me. >> reporter: today they honored him for his acts of heroism while aboard a sinking ship as bombs exploded around him.

what kept him alive that infamous day in american history? >> i don't know. just lucky, i guess. >> thanks for that. talk about love will of country. >> yeah, isn't that? you get tears in your eyes listening to a gentleman with tear this is his eye. so great. >> really nice. no sign of a resolution on the mounting crisis in ukraine. coming up, a live report on kiev on the latest tensions there. and how leaders are reacting to a russian backed plan to determine the fate of crimea. when jake and i first set out on our own,

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time for the top of the news. the united states navy joining the search for the missing malaysia airlines flight. the jet disappeared while flying to beijing with 239 people on

board you including three americans. and the nation's largest regional passenger airline is warning pilots to avoid landing on the runway where a u.p.s. cargo jet crashed in birmingham, alabama. express jet airlines issuing guidance after an internal review that followed the accident last year. and miles of a colorado highway blocked off by a massive rock slide. authorities estimate that about 120 tons of rock, nobody was injured, officials have no idea when they will be able to reopen the road. and russia reinforces its presence in ukraine's crimea peninsula. russia invaded crimea a week ago saying it has the right to protect russian interests there. this as the regional parliament has now set a vote on leaving ukraine to join russia. amy cokellogg is streaming live

with the latest. >> reporter: well, a week from tomorrow, crimea will have this referendum and it's really not all together clear how it's going to go. i mean, the question they will be asked, do you want to remain part of ukraine or did you want to join russia. but what is not certain is will everyone be allowed to vote, will people boycott this vote, what sort of pressure will kree me ans going to be under. and certainly what we do know is that this is going on in an increasingly militarized situation. and there may not even be election observers there to help them all out. today one of the european peacekeepers who was supposed to be heading to ukraine or a team of them were not allowed into crimea for the third day. russian or pro russian troops fired warning shots at them and then a u.n. observer was literally chased out of crimea earlier in the week. and today, a ukranian border guard airplane came under fire,

no one was hurt. it was flying at the border at the time of the incident. and there were a lot of russian military vehicles on the move around crimea today. ukraine foreign minister described to fox news how he's been completely caught off guard by the russian invasion of crimea that began just over a week ago. >> that was a shock. i cooperakoopt couldn't imagine troops or russian leadership can make an order to accepted trose the crimea being a friendly neighbor. >> and, you know, such a neighbor arthel that the new foreign minister of ukraine is not even able to get through on the phone to his russian counterparts sergey lavrov. secretary of state john scary did speak with laugh today about the situation. still no meeting of the minds.

lavrov still saying he doesn't believe russia is part of the conflict, that all the trouble in ukraine has been inspired from the outside and also they keep to their line the russians do, whether the cell lykremlin foreign minister, that ukraine is unstable because it's been taken over. >> like a big game of charades with high tastakes. meanwhile, russia may suspend nuclear arms inspections and a treaty with the united states this as washington and the allies are threatening moscow with potential sanctions. bob wells a is former national security adviser to vice president dick cheney. thanks so much for being with us. is this a wake-up call in some ways to the united states? >> it really is. putin and the russian federation are playing a power game. the united states is looking at

all of the deeds that are occurring with regard to the crimea, looking at the all the elements of national power of the russian federation to basically shape the situation in advance of the election as was just discussed. also if you look at what the russian federation navy is doing sinking a ship in the particular area, quite clearly the united states response after this wake-up call is as you just put it, gregg, is very smart. we need to be smarter about really seeing the russians as they are. looking at continuing the effort with the european allies, nato, looking at the f-15 flights in support of the baltics, smart move also with regard to u.s. navy destroyer entering the black sea to support -- >> let me stop you here. we're sending some of our older jets, less effective jets. why aren't we sending the f-22 raptor, the f-35 lightning joint strike force to really send a

message? i mean, those two alone, you know, make putin's air force look like bi-planes. >> yes, sir, however, looking at air superiority from ground as well as nato command and control capabilities there, as long as we have combat air patrol up in the air where we have air superiority and we also have f-22s or different modern capabilities flow into the nato forces, they certainly would be an advancement in air superiority. >> let me ask you this. putin is now issuing a threat of his own, suspend nuclear weapons inspections. what the short term goal do you think? >> short term goal is to measure the american response. putin is really doing a thrust and wait and see approach. obviously the united states continues to diplomatically talk through the for minister and

secretary of state care i olioc but he's looking at short term response and also very clever with regard to determining what levers he can pull, but he's really got a long role in progress there p. >> let me talk to you about that. the white house is saying, no, he doesn't have a long term goal here. he act the precipitously and now he regrets it, so he's looking for a way out. critics are saying are you kidding me? he wants to expand russia's influence and that means expand their territory. and annex other countries there and we're not just talking about geormean peninsula. would you agree with the latter? >> i do. i think vladimir putin, i think we need to take him at his word. when he said the soviet upand the demise of the soviet union was one of the greatest tragedies in history is quite telling with regard to his perception of russia and as well as the role of ukraine in

particular. the russian federation and the russian intent, watching what they're doing crimea, also the possibilities in eastern ukraine, looking at some of the other elements of cyber mischief which is within ukraine, what has happened previously in the baltics, he has a long term plan to restore the russian influence along the perimeter of the russian federation in the old soviet union. >> in addition to the visa sanctions proposed by the united states or actually enacted by the united states, they're also proposing financial sanctions. but unless you you get the european nations to agree to that, these are toothless sanctions. and it's a wonder if they will do that. i mean, europe makes huge profits from russia. they sell everyday goods that are in russian stores. they provide and make a lot of money by selling high tech machinery. all kinds of tools.

i mean europe won't go along with these financial sanctions, are they? it would hurt europe financially. >> i think the europeans have their interests in particular the germans, pols, they have their interests, as well about that but it speaks to the role of american leadership. the united states really has to be right there out in front working with the european partners to get the economic options -- strengthen the economic options so that the europeans do follow through. i think that's an important way forward with regard to the response to putin and also to influence his particular thinking with regard to how strong the europeans are. one final point, though. if you recall during the cold war with poland and the catholic church and pope john paul ii. once upon a time in the cold war, many different nations really articulated the fact that the eastern europeans and the

former soviet union countries needed to be free. and i think there is a lot of moral empathy there with regard to the plight of people. and i think that spirit should be rejuvenated again through american leadership as well as talking with poland, talking with the other former soviet union countries there that really have become free since the end of cold war. >> that's really how all of this began a couple months ago when the people of ukraine wanted to kick out the ever controlling and repressive pro moscow president. and they did it. but now of course we find ourselves with this today. thanks very much for being with us, captain bob wells. good to see you. >> good to see you, gregg, thank you very much. suing for losing money at a casino. >> bet he's got a great case. >> we'll find out. why this man is claiming he should not have to pay nearly half a million dollars of losses. >> he's got a great argument if

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a new proposal could make connecticut the first state to ban loud movies. state lawmakers are considering

a proposal that would establish a maximum december beibel levele theaters that would not be able to show the film or preview that would exceed 85 decibels. that's about as loud as city traffic when you're in your car. it's based on research to minimize hearing loss especially for workers who are exposed to the loud noises for eight hours or more. a businessman who lost hard to believe a half a million bucks in a vegas casino during super bowl weekend is crying foul. mark johnston says he should not have to pay because he was too drunk and now he is suing the casino for loaning him the money serving him drinks when he claimed he was visibly intoxicated. listen to his attorney. >> he has no recollection of leaving triple george or any of the events of the next day and a half. playing on credit is out of the ordinary for mr. johnston in the first place.

drinking to the point of in-togs indication is out of the ordinary for mr. jons top as the down up to grand host, we believe should have known over his years of experience with mr. johnston. >> the casino issued a statement saying they do not comment on pending litigation. no kidkidding. here now to look at the case, richard st. paul and legal p analyst. if you look at nevada law, you're not allowed to let drunks gamble and you're not allowed to overserve patrons. right? >> the casino will say, look, every has responsibility for themselves. you go he this, you give four lines of credit you're going to be gambling and drippink, drink drink? who is putting a gun to his head to drink. 20 drunk drippi >> i don't think the case goes either way.

nevada has comparable negligible law. 17 hours, 20 drinks, at what point in time during those four transactions was he visibly intoxicated. >> so i'm couldn't kind of thin those little cameras that are everywhere and they keep that stuff 60, 90 days in the event of litigation. if he's dropping chips and falling out of his chair, the casino is in trouble, isn't it? >> it could be. but they're also going to have testimony from individuals saying we gave him a dripping, he wasn't slurring his words, he was able to do the transactions. it's not like he was visibly drunk to us. it's going to be a subjective analysis. and at the end of the day, the jury will say, wait, you took the drinks, you're responsible. >> richard, if you look at the videotape, and i haven't looked at it, but if the plaintiff can establish that here you see the 17 drinks being served, 18th drink -- you'll have an

intoxication doctor on the witness stand are you not on behalf of the plaintiff saying his body weight at this time with 17 drinks -- >> each constitution constitutes a transaction. there were four. chat poi at which point in time was he visibly intoxicated. was it the second, the first? this is what we need to determine. experts, yes. if he had prescription drug this is his system -- >> when the jury sees these experts, they will say wait a minute, you're the one who tookt drink. we don't care what your expert says. you're the one, you're an address adult. and i think juries react to -- both of you are right, there will be some toxicologists that come forward and say by the way, he was obviously drunk and it's clear based on the -- >> also they can't get away from the law which says you can't serve somebody who is visibly drink and you can't let them gamble. so if they're doing it, why would the jury reward them for -- >> but there might be jury nullification. be accountable to yourself.

>> personal responsibility is sort of the argument here. you can just hear this. it's a slippery slope. anybody who loses money will say, hey, i was drunk and they comped my drinks. >> and half a million dollar, who will be weepy for that man? >> and he also lost $800,000 before. >> but he claims he was absolutely blackout blotto drunk. so it is a question of fact. but i'm suspect of whether it will ever get to a jury. i don't think the casino wants to run the risk here. >> that's a great point. obviously they're probably working on some sort of settlement in the background, but it won't be in solving it with half a million dollars. >> this has settlement written all ovef over it. they have investigators from the gaming commission over there. who wants those people involved. >> and if you're the casino, you want a non-disclosure privacy

agreement in your contract to settle this. >> confidentiality. >> you don't want guys like me to report it so that people will start suing every time they lose chips at the casino. >> every time you get drunk. exactly. >> but that's the point. even if people are not drunk, they will say i was drunk and everybody could see i was drunk, so give me my money back. >> it's a slippery slope for sure. so that's why all the settlements have confidentiality provisions. >> it's an interesting case. and it could be interesting to see if it actually went to a jury but both of you don't think it will. >> i don't think so. >> best to settle. >> all right. richard, mercedes, good to see you both. >> great to be here. >> thank you. blackout blotto drunk? how drunk is that? >> yeah, you know, it's there. okay? >> thanks guys. coming up, u.s. employers adding jobs despite the brutal weather. but the unemployment rate is

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political parties are laying out their respective visions for how to boost america's economic recovery. president obama again talking up his call to increase the minimum wage while republican senator rob portman says the jobs are out there, but government funded job training programs are falling short. >> the american people are way ahead of congress on this issue. we've just got to let congress know that. it's time for 10-10. it's time to give america a raise. and it's time to restore opportunity for all. >> let's make sure americans can get the skills they need to access the jobs that are out there. the federal government runs 47 different often overlapping work force training programs but they aren't closing the skills gap.t and too much inefficiency. we want more americans in a job

we need retraining programs that do a better job. >> this debate is coming on the heels of yesterday's jobs report showing employers added 175,000 jobs last month, as the unemployment rate inched up to 6.7%, and while job growth improved, many of those positions were part-time, to show just how far we are from where we were or need to be the so-called real unemployment rate was 12.6%. with more on this now is mike mcqueen, managing director and partner at high tower. hi, mike. >> how are you. >> i'm good. first, give me your general assessment of the new jobs number and talk about the winners and losers. >> well, by itself this report wasn't a barn burner but it was better than expected. that's what the markets like to see. everybody thought february's number was 2ing to be terrible because of the bad weather and it wasn't terrible so i guess you could say neither rain nor snow nor sleet is going to keep the job market from growing a

built. >> 175,000 jobs added. what sector are we talking about? and how do we even get higher numbers like 275,000 jobs added or more? and what is the it going to take to bring back the people who are chronically unemployed or under employed back into the job market? >> yeah, that's a good point. what we saw in this report, which was interesting is that the people age 55-69, they had some very big job gains like gray is the new green. if companies are willing to hire people in that age bracket they have to pay up for them so it's a healthy sign for the economy. the companies are willing to pay for experienced employees. >> are they really paying, mike? that's the question. i'm glad that the age 55 and older are getting jobs. they are trying to deal with kids in college and taking care of aging parents. are they properly compensated? >> well, i don't think any one would say wage growth has been where it needs to be so i think the answer is probably across the board, no, they are not.

but i guess it's better they have a job to get into a role that could grow. the point is a good one. they are not probably getting what they would feel is the appropriate wage. >> okay, so what, we are march 8 i think so the first quarter almost over. how do you think the job market is going to look the rest of this year? >> it's a great point. next month when the march number comes out on april 4 we could actually see an all-time high in private employment. we only need 129,000 more jobs before we get to that. that will catch a lot of people's attention. that's going to actually get a lot of people focused, that will bring people back in the job market because the average person that might have given up on the work force is saying look, there are some jobs out there. i'm seeing these reports, let me put my resume out. that could cause the unemployment rate to tick up a bit like it did this time to 6.7. but that's not a bad thing. if we can get that participation rate up that's a healthy sign for our economy. >> so mike, if you're saying that the economy is looking up

at what point do these company ceos hire more. to work around hiring new people. >> there is no question that for the last several years it's been efficiency squeezing more out of less. i don't think that is going to change. at some point you can't squeeze. i think we're starting to see that. i think the job numbers will continue to improve, no spring swoon for our economy, we'll probably see strong throughout the summer and i think this year could surprise as far as gdp growth. won't be a great year but better than expected. i think that's something that will please everybody. >> we want our americans to get back to work. we appreciate you are the managing director and partner of hightower. thanks, mike. >> 175,000 was pretty good but it pales in comparison to 194 last year, the average. a long way to go to create economic growth which is pretty stagnant. >> we really need to get it

moving. >> i don't know the answer. >> all right. good to see you. >> nice to see you. >> we'll be back later on. >> 6:00 p.m. eastern both of us together. >> a healthy you with carol alt. ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost.

welcome to a healthy you, i'm carol alt. i heard so many urban myths about canola oil that i wanted to get to the bottom of those myths to see if there was a seed of truth. pun intended. i heard it gives you nerve damage, i heard it makes your skin crack. what is the truth? the creator of choice oil is back today with his answer. plus, stem cell harvesting is a controversial topic from the manner in which we collect cells to where we get them from and whether it's morally right to collect them. so i ask, is it safe to harvest our own stem cells and use them to rejuvenate the body? to show me how