mendacious, and beyonce, i want to be fair to you. if you don't want to come on the factor, write me an e-mail. we'll check it. i know there are a lot of beyonce want to be's. and ms. megyn is next. i'm megyn kelly, live in new york, with breaking news on a controversial new cabinet pick from the president. plus? three days later and still no signs of a missing plane with 239 people on board. but we do have new details on stolen passports. mystery passengers and a shadowy iranian middle man. plus, the obama administration caved creating a cash wind fall for some unions. and passing the bill to everyone else. and how about "the kelly file" bringing you the news before it happens? >> mark my words, megyn. we'll show you the eye-opening prediction from

ralph peters on russia almost a month ago and how he knew it would happen. and then a story you will only see here. >> mr. gorbachev, tear down this wall. >> the new, hard-hitting world of d'souza on "the kelly file." we'll have new developments in the search for that missing airplane in a moment. but first we're learning we could be less than 48 hours now to a full senate vote on the president's latest controversial cabinet pick who is not a big fan of the second amendment. welcome to "the kelly file." we're seeing growing opposition to the man tapped to be the next surgeon general, a nomination that could get approved this next wednesday. dr. murphy is the president and co-founder of "doctors for america." a group that used to be called

"doctors for obama" which campaigned for the president and advocates for strict gun care laws. including the opposition that would allow the doctors to document whether their patients are gun owners. the group's website describes gun violence as a quote, public health crisis, all of which has some questioning whether dr. murphy's nomination is turning what has always been the job of america's doctor to a hyper-partisan position. mark teesen is a columnist for "the washington post." first of all, he has only been an attending physician for eight years, which is not long at all. but he does have a long history of supports president obama politically. >> yes, that is exactly right. he is too inexperienced and too radical. if you say he was 36 years old, which might be okay if he was

exceptionally qualified. but he is not. the past surgeon generals have been ceos of hospitals, chief medical hospitals. they have run county health systems. not only has he not done that he has not run a county health system. he is a part-time doctor, whose primary qualification is that he founded "doctors for obama" which is a group he uses to push a radical anti-gun agenda. that doesn't qualify you to be the surgeon general of the united states. >> he is so anti-gun that the nra has decided to score this vote which they don't often do. and that is like scoring the surgeon general, that is how concerned they are about this guy. and he sent out tweets. this is just one example, criticizing them, this is from december 2012. nra conference predictable, blame everything in the world except guns for the newtown

tragedy, wake up. he is no fan of the nra, they are no fan of his. how much of an effect is that likely to have? >> i think a very big effect. look, he goes out and says guns are a health issue. no they're not. they're a constitutional right. the job of the surgeon general is not to promote gun control. it is to educate the public about diseases, guns are not a disease. he seems to think they are. the fact is because we have a situation where harry reid invoked the nuclear reaction, and this is on the democrats. his nomination will be decided by a 51 vote majority. and so the question is, are pro-gun, vulnerable democrats in pro-gun states going to vote to confirm this guy because if they do they will be in big trouble in november? >> your eight years in attending, you know your way around the block, and brigham,

which is part of harvard, you have a lot to learn. that is still considered a young doctor who could potentially be considered as our surgeon general. the heat tonight over whether the man is qualified. the president has taken heat over several other nominees, including appointments to ambassadorships. who could forget this infamous clip of just a few of them, he wanted the outposts for the united states, watch. >> mr. barber, i take it you have been to iceland? >> sir, i have not had the privilege yet, i look forward -- >> the government has denounced them. the part of the coalition government -- >> well, i would say, i stand corrected. >> i mean, have you been to argentina? >> senator, i haven't had a chance to be there, i've been extensively around the world, but i haven't had a chance. >> have you been to norway? >> have you been to hungary?

>> yes, i have. >> the president has a hard time picking a post, we just had the nomination for the cop killer defender. and the ambassador to norway didn't know they had a king and not a president. go to wikipedia. figure it out. they didn't even read the wikipedia entries to their country. >> but they're all big obama donors. that is one thing they have in common, mark. >> no, but these are not caribbean countries, these are nato -- these are surgeon generals of the united states. we need qualified nominees to carry out our foreign policy and advise on our medical issues. >> the nra thinks this is a

matter of trust and will not trust their statements about guns and the second amendment. thank you. >> thanks megyn. and tonight, the mystery of the missing malaysia airlines jet deepens tonight. there was information on two member who boarded the plane with stolen passports, they confirm their fingerprints are sent to america to compare them against known criminals. this comes as at least 40 planes and ships search the vast waters for any sign of the jet and the 239 people on board. two u.s. navy ships are among those helping. despite several leads, crews have come up empty handed despite word that the search deepened. complicating matters, the jet may have done a u-turn just before it vanished. we don't know why. we do know that no distress signal was sent.

also, spy satellites have yet to find any evidence of a mid-air explosion that was reportedly covered by the satellites. joining me now, scott hamilton, director of the aviation consulting company, an expert on the boeing 777. also peter brooks, a fellow at the national security foundation, and served under president bush. gentlemen, good to see you. scott, let me start with you, where do we stand now three days later? this is like an episode of lost, no sign of the jet, no pieces of the jet, no idea where it could be located. no confirmation that a terrorist organization was involved. no may day call, where do they start? >> well, they -- i think in essence they have to go back to ground zero, if you will. they started this search by this oil slick not too far off the vietnamese coast, rather than

starting at the last known compact point of the airplane, which was a few 100 miles to the south. i believe that they should have started their search pattern there and gone up the intended flight path. and fanned out from there. >> all right, but what do you make of this report that the plane may have done a u-turn shortly before it simply disappeared from the radar, and of the fact that none of the beacons that are normally placed on these planes that will help you find it in the event of a catastrophic event. that has not been located. they're getting no signals whatsoever. it is like the thing just disappeared. >> well, it wouldn't have just disintegrated because even if you have a plane that is cruising at the altitude, in all indication it would have been a fire ball. so with respect to making a u-turn and having no transponder situation, no communication from

the plane, that suggested to me either the pilots were dealing with an emergency that just consumed their ability to do anything as mundane as a radio call. or it is possible of course that there could be hijackers who took command of the airplane and deliberately shut down the transponder and deliberately shut down the radio, and therefore you wouldn't know where it was going. >> all right, peter if that happened with hijackers who took down the plane during this attack, why haven't we heard anything from a group that apparently is not deemed credible. terrorists normally want to terrorize. they claim credit. >> yeah, you know, actually, the record shows that there are a lot of groups that don't claim responsibility. in fact, it is probably in the minority of groups that claim responsibility for terrorist acts. they feel over time people will

understand who is behind this. or they may take time to claim responsibility. there is no real surprise here, that only one group nobody has ever heard of has claimed responsibility. >> what do you make of the fact that you have these two guys through an iranian middleman, paid cash for their tickets within 24 hours of the flight. and yet, they seem to be suggesting that this mr. ali, this iranian guy, according to the travel agent that dealt with him, he did it many times and would just get on the easiest flight that would take him to europe, the easiest way into europe. >> well, there are a lot of flags and possibilities. you talked about human trafficking. there are bad operators that operate in southeast asia that we don't normally think about. for instance, the iranians, there was a terrorist plot, they

operated through malaysia, which is a transit point as well as a pl planning point for terrorist operations in southeast asia. we also have other terrorist groups active in southeast asia such as al-qaeda. i remember one group responsible for the bali bombing in 2002 and a number of other plots. hezbollah is active in southeast asia, and of course, if you want to tie china in to this, you have the stabbings, the number of people in china. there is an al-qaeda-linked terrorist group called the east turkistan-islamist movement that is active in china. >> scott, what do you think happened here? >> i think it was a criminal act. the 777 is such a reliable airplane i can't imagine that there was some sort of structural malfunction that was enough to bring this airplane

down. you could have an engine malfunction. you could even have an engine do what is called an uncontained failure. but that would really have to be very catastrophic to bring the airplane down. the fact that you didn't have any transponder emissions, transmissions, anything from a system that is called acars which transfers to airplane back to the airline, you didn't have any of that such as you did with air france 447 back in 2009. this just -- smells to me like a criminal act. >> gentlemen, thank you both. >> thank you. well, we heard reports last week that the white house has gone ahead with the plan to give unions a big break on obamacare. but up next see what we uncovered in our investigation. and then? war with germany. the forces of freedom. >> we have the world premier of

the new film from one of the president's biggest critics. and filmmaker dinesh d'souza is here with more. plus, how did ralph peters know what was going to happen? we'll ask him. and after the closing ceremonies, putin is going to come down hard on the freedom. this is for you. ♪ [ male announcer ] bob's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen

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just gave the unions a gift on their health care benefits. you may remember last summer back in july, some of america's biggest unions wrote the administration, demanding special subsidies for their compliance with the law. they wrote in part, congress ti running out, congress voted for this law, you have a problem, you need to fix it. we intend to stand for the health care reform, but the law as it stands will hurt millions of americans including the members of the union. while the first request was denied, they did not get the subsidies because the law specifically forbade that, some of them are getting a break after all. senator john thune has been watching the administration to make sure some of them don't get that gift, the american people get that gift. >> every american ought to be

outra outraged. this is cronyism at its worse. basically, the president said he and his friends are above the law. because there is a tax insurance that is designed to apply to all plans. what the president did is waive that for self-administered plans, namely unions so that they don't have to pay the tax. and because the tax is designed to raise a certain revenue that means everybody else has to pay a higher tax. >> so they have to get -- under the law i think it is $25 billion in the first year raised. forgive me if that is wrong. if you take the unions out of that, or some core group of unions out of that you still have to get to that number and the rest of the american people have to pay it. >> the tax is designed to absorb the cost of people with pre-existing conditions. well, when you exempt a big group of people like they have with the unions what that means

is other employers, charities, faith-based organizations end up having to pay a higher tax. so what they have done is they have shifted this so everybody else is out in the cold. they have left everybody else out holding the bag while a lot of unions made out like bandits. >> and you talk about church's organizations, those left picking up the slack. >> what it says, megyn, the bigger picture here, we have had all kinds of delays and carveouts. basically what you're saying is, if you're a friend, an ally, or a donor to the president you get special treatment. everybody else gets stuck. that is exactly what this does. >> this is another example of what he does with his pen and phone. it is not approved by congress. >> yes, as you mentioned the unions came in and tried to get this union subsidy that allowed them to double dip. they already get the exclusion

health care plan. they wanted that. what the administration gave them in lieu of that -- >> it is a consolation prize. >> it is a consolation prize, they're being helped, everybody else is being left out in the cold. >> they say they wanted a bigger exemption and only got a more narrow one. >> the only loss is the american family and taxing. this is not a win. >> senator, good to see you. >> not one, not two, but three separate lawsuits filed sugge suggesting the man describe the as the world's most progressive mayor is leaving thousands of needy school children in the lurch. there is outrage over this mayor in new york and his plummeting approval numbers, we'll update you. and the last film was a box office smash. wait until you see the next

premiere of his film. only here on "the kelly file." >> the unimaginable. what would the world look like if america did not exist? [ male announcer ] staples has everything you need to keep a germ-free office. from latex gloves and antibacterial wipes to steam cleaners, keyboard vacuums and microfiber cloths. yes, staples has everything you need for a germaphobe-friendly office... [ sneezes, coughs ] except germ-free coworkers. [ retches ] thousands of products added online every day... [ click ] even protective suits. [ sneezes ] now get 15% off your cleaning supply purchase. staples. make more happen. as a police officer, i've helped many people in the last 23 years, but i needed help in quitting smoking. [ male announcer ] along with support, chantix varenline is pron to help peop quit smoking. chantix reduced the urge for me to smoke.

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well, developing tonight, new problems in the standoff between america and russia, we're hearing that russia is tightening its grip over parts of ukraine, ahead of a so-called vote to determine ukraine's future. the u.s. today pre-emptively calling that vote illegitimate,

well, our next guest predicted this weeks before russian president vladimir putin made a single move. watch this. >> mark my words, megyn, after the closing ceremony of the olympics, putin is going to come down hard on the freedom that pro-western demonstrators in the ukraine, it could get very, very ugly. also any pretense of getting along with obama is going to go away. and obama keeps saying well, we have a great relationship. and putin just laughs, the key to understanding putin is the mentality of a school bully. he likes to beat up the smart kid with thick glasses and obama is a smart kid with big glasses, putin loves pounding on him. >> fox news strategic analyst, an expert on russia, this is where he developed his expertise. ralph, amazing, we actually went back and i don't have a lot of time but read a few of your sound bites, they were exactly

dead on, and reading this, john mccain is accusing the administration of not knowing this was coming. some intel executives said well, we warned them. if they didn't listen, it's not our fault. all they had to do was watch "the kelly file" and listen to you. >> well, megyn, this is a see-through policy for political lens. you can't do it. you have to analyze the foreign policy onnibjectively and coldl. it also helps to know a little bit about the subject. in washington, it is full of instai instant experts who really didn't pay the dues. >> the president got criticism from people like senator lindsey graham for what he did with the f-16s and sort of showing a

little bit of spying and a bit of warning to russia that it is still the united states of america and don't push us too far. >> well, i'm glad when obama shows any strength whatsoever. and at this point, you have as to remember, he is still our president. i want the guy to do well but his weakness is positively resounding. and putin mocks him and laughs at him. i have heard so many commentators saying because well, he drew a red line in syria and didn't enforce it. it goes much deeper. when he blindsided poland and the czech republic over missile defense and cut a deal with russia over their heads, vladimir putin's interpretation of that and everything else that obama did is that he still recognizes a russian sphere of influence over the ukraine and the rest of the area. whether that is what obama intended that is what putin saw. i repeat myself on this, megyn,

but it is worth repeating. putin doesn't have a receding gear, he will not stop until he hits a wall. and a united europe and america need to erect that wall at some point. and i'm not talking about military operations but a comprehensive strategy. unfortunately, the europeans are all about the money. and obama, sad to say is all about domestic politics and so we have no one to match putin, i don't like putin. he is a vicious, ruthless cruel man. but he has a vision. he knows his people and will do what he wants and will do what it takes to get it. president obama, sad to say, i think he probably worries about the political implications of what he has for breakfast. >> ralph, good to see you. >> thank you, megyn. >> so interesting, i wish i had the time to play you all the sound bites of ralph in the weeks before while the administration allegedly didn't know this was coming. ralph peters was on the show,

repeatedlyjl.h÷ saying you mark words, wait until you see what putin does after the olympics are over. still ahead, the dramatic case of the teen who took her parents to court for cutting her off and lost. and dinesh d'souza says if the president doesn't like his last film? don't forget, he has been indicted. and wait until you see his next one, d'souza, his producer and your first look at the movie "america" after this break.

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after we did "2016," obama was very upset, he did a big diatribe about me andm8othe fil on his website, obamaobama.com, but if he was upset about that film, wait until he sees the new one. >> well, that was dinesh d'souza at cpac, his next film is called "america." the movie highlights key moments in american history and discusses what the world may look like if america did not exist. watc watch. >> and we are calling it iphones. >> mr. gorbachev, tear down this wall. >> and one small step for man, a giant leap for mankind. >> i have a dream, ask not what

your country can do for you, ask what you can do for your country. >> the war with germany. the forces of freedom have prevailed. >> the only thing we have to fear is fear itself. >> all men are created equal. that they're endowed by the creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. >> hold the line! ♪ ♪

imagine the unimaginable. what would the world look like if america did not exist? >> wow. d'souza, who claims that he was targeted by the fbi for his outspoken criticism of president obama was recently indicted on federal charges of violating campaign finance laws, he has pleaded not guilty, and many of his supporters believe that that was politically motivated. joining me now, the academy award winner of schindler's list, and jurassic park, among

others, gentlemen, good to see you both. wow, what an amazing trailer and an idea. it is sort of like it is a wonderful life for america, instead of george bailey. dinesh, why did you think it was necessary? >> well, as i thought about this film. i didn't want to make a film that was simply a sequel, a follow-up, i wanted it to be a really big film. and i wanted it in a sense to be a film that is -- you know, i'm an immigrant. i love america, but i chose america. the philosopher edmund burke said to love our country, our country should be lovely. so one of the themes %el of th film is why is america lovely? and why is it that some people are so hostile to the principles that built america, and that is why i wanted to bring this film. >> recently you had an amazing

debate and appearance with bill ayers, of all people. now retired. and he is part of i think it is fair to say the far left. people who do tend to blame america for the ills and evils of the world. we pulled at least one sound bite of his tbfmñ give the audie a flavor of what we're talking about. here itijcuz is. >> i get up every morning and say today, i'm going to end a difference, today i'm going to end capitalism. >> that is about the tamest from him. but you take on this movie and try to rebut them. &x thoughtful.rugyçnfç the most vituperative in the film. we don't silence anybody. i asked bill #ézayers, why not in the film, or record. because to me it is the clash of

the anti-radicalism of the h that is bill ayers, and on the other hand, my perspective, the first generation immigrant, i chose this place because i think i can be the architect of my life. >> jerry, why did you choose this story? you say it is about a love story for america.scuy why do we need it? >> it is obvious we need it. today we have kids who can't find america on a map. we have kids who probably can't even spell america. and i think that we have you know, leftqn3 them out. we've done them a great 60s service by not being more on top of it, showing our patriotism a little more. i think in july when the film comes out every parent and grandparent should take the kids to see the film. they owe it to them. to show them what america is all about. >> and the scene, where george washington is killed on the

battlefield. and i guess what would happen thereafter if there were no president washington and there were no real america as we know it. do you think jerry, you will get pushed back on this same film. obviously the first film that was not received well by obama, the hollywood elite? >> well, i would hate to think we would get pushed back. we probably will. you say it is a story about america, it is truth, it is 2yjv there. dinesh has done a fine job of the vision for everybody. i think it is something that everybody should embrace and look forward to it. >> dinesh, why do you think that president obama is not going to like this film? because it doesn't seem like it is a takedown in the way your last film was. basicallr1yy it takes down some ideology, but do you believe that president obama doesn't like america or love america? >> no, i wouldn't say that at all. i think that obama has a very specific ideology.

we were talking earlier, for example, about ukraine and a little evidence of why obama is not acting in a more forceful way. well, i think part of the reason for that is obama has an ideology that says why should america be the dominant country in the world? we have 5% of the world's population, why should we consume most of the gross national product and push everybody around? so i think obama would be happy if russia, china, brazil, india, in other words, if the world moved into a number of different vortices with different strengths, in which america was just one of the dining powers at the table. so in this scenario we create a bunch of different dynamics. there are ways america could not have existed. obviously if columbus didn't land in america he could have kept going and landed in india.

another way, if he was shot, and if lincoln had lost the civil war, and the union did not exist. imagine if hitler got the atomic bomb. or the nazis had an agenda and could have gotten the bomb first. in this film we get people to think hard about what america has meant to the world and what will happen if america recedes in importance. >> well, we can see from the beginning of the clip in the trailer from jfk, to martin luther king jr., fdr, it really does make you feel patriotic and love for so many things that we've done and stand for this this day and age. gentlemen, good to see you both. >> thank you, megyn. >> so let me know what you think. go to facebook.com/thekellyfile. and let me know if you're going to see this film "america". and coming up, a firestorm

regarding the man who has become the most progressive mayor in america, and why bill de blasio is looked at as trampeling on the rights of students. wait until you hear what happens next. >> because i would like to help somebody in need. >> you wake up every morning and you know that kids are getting a really crappy education right now. >> so you think that most of the kids are getting a crappy >> oh, i don't think they are, i know they are. i had to do something. i saw mdoctor. a blood test showed it was low testosterone, not age. we talked about axiron the onlynderarm low t treaent that can restore t vels to normal in about two weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especlly those who are or who may become pregnant,

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. a child that doesn't finish high school will earn less and be eight times more likely to go to prison. >> i want to go to school. >> for these kids, their only chance at getting into a great school depends on whether their number is picked in a lottery. >> so if they don't get it, is there another chance? >> no. >> that was a clip from the 2010 documentary, waiting for superman. and this is a documentary about how people feel about charter schools and getting into the regular school system. this is after mayor de blasio decides to gut the charter

school featured and touted in that movie just two months into office. judge napolitano is our senior analyst, and slapped with three lawsuits today. he managed to do something unprecedented which is tick off the right and left equally. i can't imagine anybody that is more disliked regarding this. why is he doing that, not helping the under privileged children in new york city. >> i think he wants to please a hard left constituency. he is the most progressive left in the progressive party. he hates the idea that under his watch some people can work harder and get a better education because the unions, the teacher's unions are not involved. because they're making a sacrifice and they may actually

end up at princeton or harvard or yale, or the university of chicago, and they did it in spite of his best efforts to keep everybody at the same level. >> one of the issues is one of the top-performing schools in the state, in except perhaps math and science, it is in harlem. he wanted to get rid of it. and only now under the public outcry is he saying i will find another place or another solution. >> here is the problem, his predecessor, mayor bloomberg, entered into a contract with the schools, these are tough schools to get into. the parents have to scrape the money together to get in. and it is a lottery, very difficult to get in. >> but if you can get in, it is golden. >> absolutely, you can get a terrific education and you can get ahead. bloomberg said, i like this idea

so much, you will get the building for nothing because you're relieving us of the obligation for that contract. >> he says i'm worried about all students, not just the charter school students. >> he refuses to acknowledge that people should be given the opportunity to work as hard as they can and rise as hard as they can. that is almost impossible in the public school children. he should understand this better than anybody, instead, he wants with his crazy lefty egalitarianism, he wants everybody to be at the same level of failure instead of these schools throughout the city where some of the kids wear uniforms, they get there early, the teachers get less pay, and guess what? they get an education. >> these kids love their schools.

they're being called orphans in the city. >> the parents should be a natural consistency, but his approval rating has gone down. >> he is in the high 30s. >> after just two months on the job. >> that has to be a record, judge, thank you, we'll continue to follow it. coming up, the follow-up on the teen who took her parents to court for finances. that update in just a moment. let us know what you think. at facebook.com/thekellyfile. >> i'm disturbed when i see so many people say it is just the crimea. it is not just the crimea. it is a significant effort on his part to reverse the downfall if you will of the soviet union. good job!

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and now to a kelly file

follow-up in the case of a new jersey teen who took her parents to court for cutting her off. trace gallagher has an update, trace? >> her father, who was a former police chief in new jersey how says that his daughter is being savaged in the court of public opinion. you may recall during last week's hearing it was the first time the parents had actually seen their daughter since she moved out of the house in october. now it is not clear what she says, but now he says his daughter has become tabloid fodder. there is a new facebook page called "the education for rachel," that blasts the parents. and he doesn't believe that his daughter wrote the statements. and his lawyer believes it is a hoax. he is the father of rachel's ,3 funding her lawsuit. now, rachel's parent say if the= family had stayed out64['÷=i;6v

matter would have been solved. now, while the family says that rachel is beingh9=#ñ savaged, c documents show this is not exactly family of the year. rachel calls her parents alcoholics, saying her father8z has been inappropriately affectionate with her, and called her porky, and ended saying i've written you off, don't talk to me or do anything. i'm blocking you off, have a nice life, good-bye, mom. the parents in turn call their daughter a liar and a thief but they want her home. and the judge so far who denied her request for child support says he believes the family is worth salvaging and hopes they can reconcile by the next court date which is in late april. >> wow, there is just like -- speaking of "it's a wonderful life," this is a warm family moment to leave you with as we close out the show tonight. trace, thank you.

>> sure. >> option number two, it is a -- get a job -- do you have a job? i understand like you try and you can't get one. you just don't try? and just sit there wondering why nobody is funding your life? well, we have been getting a lot of reaction to this story. let me know what you think, go to facebook.com/thekellyfile and follow me @megynkelly. we'll be right back with some of your reactions. this is humira. this is humira helping to relieve my pain. this is humira helping me lay the groundwork. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. humira is proven to help relieve pain and stop further joint damage in many adults.

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. on rachel canning, jordan writes, cute girl, spoiled brought. and tim writes, dougie houser was more qualified. and everybody wants to go see the film "america." let us know what you think @megynkelly. and this is a fox news alert, the investigators are looking into the disappearance of the malaysia flight that vanished. it was confirmed that two passengers used stolen passports. tonight there are questions of answers and the possibility of terrorism has many concerned. joining us from washington is our own katherine herridge. >> well, information on the stolen passports that is being run against photos and