re on the website. the space needle is very tall. the background is filled with dark, black smoke. when we get a picture we'll show you to you on the breaking news. you have a couple days off. martha: "happening now" starts right now. jenna: we'll follow the breaking news out of seattle. new headlines and brand new stories you will see here first. new clues for the jumbo jet as new offerings on the pilot and copilot. background on every single person on flight 370. a amid new threats of retaliation for u.s. and european sanctions. we'll get you caught up on that. more trouble for general motors. still realing from a massive recall. now another one in the works. the danger this time around. it is all "happening now." another busy news day ahead. great to see you today. i'm jenna lee. >> i'm gregg jarrett in for jon

scott. we begin with a fox news alert. malaysia checking the background of each and every person on board malaysia airlines flight 370. investigators looking closely at the pilot and copilot who would have known how to disable the plane's communication systems. the jumbo jet vanish adweek ago with 239 people on board. 26 countries now involved in a massive search split into northern and southern zones. the united states assisting in both regions. this as emotions are boiling ith airline officials. families of more than 150 chinese nationals on board calling for a hunger strike to protest the lack of information. david piper is screaming -- streaming live from bangkok with the latest. david? >> reporter: gregg, yes, the malaysian authorities say the search op operation spreads two million nautical miles and involves 2nations. no fresh clues today where the

plane went. that has become very frustrating of course to the families who are facing unimaginable anguish that they wait for news about this plane. some families in china threaten to launch a hunger strike on claims that the malaysia authority are not releasing enough information. they are trying to reduce the massive search corridors looking again at satellite data and marking off areas searched but the at moment they're keeping to two huge northern and southern corridors the planes may have flown in. australia and indonesia are taking the lead in the southern arc which includes huge areas of the indian ocean. that lash sha is asking the u.s. deploy their satellites to search the southern seas this asking for help with deep sea detection. malaysia has requested satellite data from all of them to see if the plane managed to reach land to the north. as for the investigation into

who deliberately diverted the plane, there has been no break through as such so far. china has said though they have no evidence that any of its 154 nationals on board the plane had terror links. the focus remains though on the passengers and crew. the pilots homes have been searched. nothing has come out of that so far but they don't believe the pilots had flown the northern or southern routes before. >> as far as the pilots, we're looking at northern corridor. we do not -- at all. as commercial airline. the southern corridor, we don't fly to any of these islands. >> reporter: and the investigators say nothing has been discounted. they're looking at everything from pilot suicide terrorism or even decompression in the cockpit, gregg. back to you. jon: david piper, thank you very much. in bangkok, thailand. jenna: all the options still on the table. as david just mentioned the sharp turn the plane made taking

it off course is one of the focuses today. flight 370 should have been going northeast from malaysia to beijing. instead it went west. today new reports say that change of direction was programmed into the plane's computer system. our next guest says a move like that shows someone with extensive training was at the controls when the plane went off course. we have a former tsa deputy director. why do you think that, tom? >> well i think that you, first of all are getting so many differing aspects of this story. we've got thy military. we've got malaysian military malaysia air traffic control, 26 countries as you just reported. it is important to some aspects of this we stick to what we know and that is the fundamental of aviation security in post-9/11 that the cockpit can not be breached. what appears what happened is, this plane was diverted off course by the settings on a

computer that was inside the cockpit. no one should have had access to it. and whoever did have access to it would have to have some fairly extensive understanding of avionics and what to do and when do it sequentially so that the technical result of turning the aircraft would result. jenna: tom does it surprise you we're just learning this news now 10 days in? >> well, it is frustrating more than surprising. i think that the malaysians have been slow to begin looking into the backgrounds of the pilots. i hope they're looking into the backgrounds of the flight crew, who also might have this knowledge about connections between the pilots. we would have ground crew that would have access to that cockpit and potentially that computer before the plane took off. and then of course we have to continue looking into the background of the 230 mine passengers on board. jenna: speaking of the flight crew you say based on your knowledge how planes work and

tsa work at home you don't believe just one person could do this take a plane completely off course and into mystery? >> this looks an awful like a conspiracy. and i think one of the things we should keep in mind, not every conspiracy succeeds which is to say if there was a set of people that were connected for some political end, whatever that might be, we shouldn't necessarily assume that everything went according to plan. so that plane could still well be in the ocean even if there was a conspiracy to do a bad thing. jenna: because of your experience at the tsa tom, do you anticipate any changes we would experience as passengers based on this mystery as it stands? >> well i think it's too early to tell. when we get an answer i think the tsa dhs and the intelligence communities will make an evaluation what has been learned but i'm sure that we are on intelligence high alert for chatter and double-checking

everything that is going on and that all of the partners across the u.s. aviation system are double-checking every single security measure that we have in place. jenna: a quick final question for you you mentioned that we have dozens of countries involved at this time. our navy will be pulling back a little bit from their search in the indian ocean trying to look where our resources are going to go next. how long is this sustainable tom, we have so many countries involved but we have no real leadership because we don't know where the plane is? >> you're going to get a different answer to that country to country but it's a great question. a lot of this seems to be wasted. that is why we might want to concentrate on the why this happened which would be whatever the objective of the people that took over that cockpit had in mind. that is going to go a long way telling us where this plane might be. jenna: tom great to see you. >> nice to see. >> a mystery but one we'll continue to report on.

appreciate your insight as always. thank you so much. >> thank you. >> there has been a helicopter crash in seattle literally just yards away from the famed space needle. the latest information we get is actually from the helicopter tv station that operated this chopper. and they say it was in fact their chopper. komo television in seattle. it crashed as we say, just a few yards away from the space needle and according to komo struck two cars on the ground. there you see the wreckage of at least one car. there is no word now on the fate of the crew that was inside that helicopter. king 5 television, a competitor says they cooperate this helicopter. we don't know if any king personnel were involved in this. obviously a horrific crash of a helicopter crashed into the

ground struck two cars there. one security officer who workings for the space needle telling fox news the crash happened on broad street, roughly 30 yards away from the space needle at 7:38 this morning. he said he saw one man being pulled out and fire crews hosing down everything and there you see a makeshift tent that has been quickly erected by fire officials and emt to perhaps treat those who have been injured or, and we hope this isn't the case, anybody killed. but we'll continue to follow what's happening here in seattle. a helicopter crashing to the ground. fox news alert on swift reaction from ukraine and west as vladmir putin declares crimea is now a part of russia. russian president signaling a treaty formally annexing crimea. this came as putin addressed parliament where he blasted u.s. and european sanctions and putin defend ad move to make

crimea part of russia, calling it justified. >> translator: mys steamed friend today we got together to discuss a question of life importance and historic importance for all of us on the 16th of march referendum was held in crimea according to all international laws and democratic norms. 93% decided to reunite with russia. those numbers are quite convincing. jon: greg palkot is in ukraine with the latest. >> reporter: very strong and defiant words from russian president putin words that have a big impact on folks here in ukraine. putin saying that crimea is an integral part of russia. much-criticized referendum a expression of self-determination. that the russian troop incursion was not an invasion. that the new transitional government is nationalist and neo-nazi and u.s. and west are guided by the rule of the gun. here is a bit more of when president putin had to say.

>> translator: united states in the practical policy prefer not to use international law but the law of the strong in what they are doing. they believe in their uniqueness. that they can rule the world. they could always be right. using the principle who it is not with us is against us. >> reporter: now the kremlin followed this speech by saying that russia would retaliate against sanctions and putin signed a treaty with the propped up leaders of crimea okaying the annexation. that still needs to be approved by the russian parliament and its supreme court. that is seen as a formality. for its part the transitional government in ukraine said it would not recognize the treaty. blasted incursion of the troops as an invasion and branded the referendum as illegal. one official declaring that crimea will always be a part of ukraine. we watched the speech with some of those involved with the protests here which toppled the

moscow-leaning government. here is what a few folks had to say after the speech. >> i think it's new -- neohitler. >> neohitler. >> i think that his action is not legal. >> like new stalin. it is very, very painful for us. >> reporter: vice president biden is in poland today. he is trying to reassure eastern european u.s. allies and in fact said that more sanctions will be coming. i can tell you from the folks that i've been talking to here, gregg, that will be welcome. back to you. jon: greg palkot live in kiev. thanks very much, gregg. jenna: not just in ukraine demonstrators demanding to heard, the move sparking this outrage next. the latest in the murder trial of olympic athlete oscar pistorius. why the judge gave his attorney as tongue-lashing today.

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gregg: in seattle, a helicopter has crashed to the ground and apparently struck two cars. we just received word from the seattle fire department that two individuals were declared dead at the arrival of the hospital nearby. helicopter crash scene near the space needle. there you see a double box there of firefighters and police on the scene on the right-hand side and they have set up an emergency tent on the left. we're also getting word that a 37-year-old man pulled himself out of the wreckage. he was transported to the hospital. he is said to be in critical condition. we don't have the details why or how this happened but it happened literally 30 yards away from the famed space needle in seattle. a helicopter crashing to the ground and striking two cars. we'll have more details as we get them. jenna: our dan springer is

headed to the scene by the way. we'll go to him as soon as he gets there. meantime olympic star oscar pistorius in a south african courtroom today in day 12 of his murder trial. known as "the blade runner" he was accused of murdering his girlfriend reeva steinkamp on valentine's day last year. his attorneys claim he shot her because he thought she was an intruder a crime scene photographer facing tough cross-examination today. the defense attorney asking why it appears items were moved like the cricket bat the story is used to bash down the locked bathroom door through which he shot reeva steinkamp? our fox news producer paul tillssy was in the courtroom today with a latest court. >> reporter: tense scene. third time since trial began an image of the dead reeva steinkamp was flashed on eight screens across the room. this time it was a photo thumbnail only. steenkamps ashen face is almost unrecognizable.

it doesn't seem that oscar pistorius or the dead model's mother, june steenkamp present in court noticed it. but proceedings were briefly stopped while lead defense attorney barry rue rushed to the police operating screens and asked them to stop showing photos of the deceased. he spent most of the day trying to trip up a police came scene photographer. he appeared to try to prove that police contaminated crime scene by moving items. photographer said evidence was only moved after he photographed it where he found it. rue tried arguing with the photographer as what was the front and back of a cricket bat. finally despite rue's protests the judge told him to stop haranging the witness. >> entitled to put him to say yes or no. >> i don't think so. i don't think so. to start with you can not argue with this witness. you can not argue with the witness. >> yes but i --

>> roux appeared concerned that van sodden turned the cricket bat over to photograph it and possibly disturbed. a large amount of blood was shown at the bottom of the bat. one observer as if someone was struck with it. late today in court we truly entered the world of csi as a police expert took the stand explaining he had first used steel rods and then laser beams firing them through the bullet holes into the toilet door and see the trajectory the bullets took. the angle of trajectories appear to be low the bullets hitting a meter up from the floor at a by degree angle to suggest that pistorius fired while standing on his stumps. jenna: very interesting facts paul, thank you very much. gregg: demonstrators in venezuela are vowing to fight until the government meets their demand.

they want the release of protest oars who have been arrested. this is second day after security forces took over the caracas plaza. at the heart of the antigovernment movement. demonstrators turned into violent clashes at their plaza at that plaza for over a month now. meantime air canada suspending flights to and from venezuela until that situation improves. president obama pledged to make his administration the most transparent in american history but, he seems to have trouble keeping that promise. the federal agencies that are getting failing grades in a new survey coming up. plus, he said his goal was to be on the fbi's most-wanted list. new information about the terror suspect just arrested here and what his plans were.

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gregg: welcome back. president obama seems to be having trouble keeping his pledge to have the most transparent administration in american history. the center for effective government giving the obama white house failing grades in its annual government transparency report card. the report says federal agencies are having a hard time processing those freedom of information act requests and sharing information on their websites. the state department performing the worst. an abysmal score of 37%. the department of homeland security and the pentagon next. both scoring a mere 51%. ellison barber, joins us, staff writer for the washington free beacon. good to see you. is it fair to say that the president either failed or spectacularly failed by virtue of these terrible scores on his solemn promise that his was going to be the most transparent

administration in history? >> i think it is certainly fair to say at this point it seems hypocritical because you do remember of course this administration has been one not only promised the most transparent but made a big show out of it. president obama released multiple memos to that effect as as eric holder. they have the highest rate of foia requests being denied than they have in their presidency. that is a big deal. that is not a good sign in democracy. anything limiting the flow of information is not good. gregg: the irony that president obama talks early and often about freedom yet he is in violation, his administration is in violation of so many freedom of information requests. they have the most of any administration. >> gregg what is concerning it is not necessarily the issue of transparency with this administration isn't really just limited to freedom of information acts. it goes beyond that. problems with photo journalists not having access to events where they had in the past and issue of journalists being spied

on. it goes a lot deeper than problems with the foia. this is one issue you can see where they are having a lot of problems. gregg: let me bring up another one. kathleen sebelius, the head of health and human services testifying several days ago on the affordable care act and numbers there, bragging how many they actually enrolled but then she is asked the question, how many of those enrollees actually paid she said i don't know. that information is readily known. the states produce it. i have that information. it's curious that she doesn't have that information. again, does it go to secretive and non-transparent practices? >> absolutely. i think you have a lot of reporters that have complained when they try to get information directly out of hhs they have sometimes run into difficulty doing that part of what you see here, there is a problem with the process and how foia requests are being processed. one thing that the administration would change exemptions that you have underneath there, one most commonly used deliberative

process. that is ambiguous exemption you can use to turn down the foia requests. the president specifically said he would make that less common under his watch. what we're seeing is, that is actually still being used most commonly and is the most, it's a record high right now. they issued it over 81,000 times this past year to turn down the foia requests. it is concerning they're being turned down and process evaluating them doesn't seem to have changed despite promises they would. gregg: most agencies have not even updated their freedom of information regulations to comply with a law enacted in 2007. but let me ask you this. maybe president obama began his administration with very good intentions about transparency. he got a case of the for reels once he sat in the big chair in the oval office. is it that or increasingly flash schuss relationship with the media. >> i think it is probably a little bit of both. again i would point back to the fact it goes much deeper and beyond foia requests. it is not one thing.

multiple different things. they look at administration believe they have a cozy relationship with at love media. when it gets information you see that fall apart. that is why you have people, this is report, one of the major reports on following these foia requests from the ap a very much respected journalism site. they say this is serious problem that we're not having access to information for expedited foia requests for journalists to get out information quickly. 86% of those were denied. in 2008, 58% were denied. this is bigger problem under the administration than when they came in. gregg: the trend is going into the wrong direction. the president and white house is accused being thin-skinned. our colleague chris wallace said in 2009, they're the biggest bunch of crybabies i have dealt with in my 30 years in washington. i wonder if much has changed. i will have to ask chris. ellison, thank you very much. jenna? jenna: mystery what happened to 239 people on board a missing

malaysia jetliner continues. new questions about flight 370 as an international effort to find it searches millions and millions of miles. after series of recalls around safety issues, general motors is taking action. the move the auto giant is making to some say, save its reputation. we'll get into it next.

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gregg: welcome back. still to come on "happening now." more questions

emerging in the search for flight 370. new reports indicate that the aircraft was deliberately programmed to veer far off course by somebody who knew exactly how to do that. wannabe jihadist captured close to the u.s.-canadian border. how investigators uncovered that plot. what was this guy thinking? we'll show awe shocking moment when a california man tried to out run a speeding commuter train. jenna: doesn't always end that well gregg. people are searching for search of malaysian airlines flight three set of. the latest track shows the jumbo jet way off course. the search area larger than the entire continent of australia. thailand is offering new radar information that military officials say they missed because they simply did not pay attention to it. we have the chairman of omega systems group and former member of the national transportation safety board. he joins us on the phone. that is what is the associated press is reporting vernon, thai

military says we noticed this 10 days later. we are not sure it is the plane but we noticed blips on the radar. what does it mean? >> seems to me, possibly, and there is another theory out there, there could be a electrical fire on board that aircraft f there was that could more or less explain both loss of the transponders and the communications and the rapid turn if he felt he could find an alternate long runway and there is a long runway not far from there that he was headed for some people think. i don't know whether that's been reported or not. but it, it seems to me it's it is called palau. i don't know but it's a 13,000-foot airstrip that has an approach over water with no obstacles. he might have been heading there. and then would kind of disturb or dismiss some of the conspiracy theories. jenna: and that is interesting

because that report is getting or that theory is getting some more attention as the facts to support conspiracy theories are still very thin today vernon. what kind of fire would cause all of these different systems to go down, the transponder the other system that pings the satellites? it was on for a few hours and suddenly it was gone. talk us through why you think a fire might be something to consider? and how would we ever confirm that? >> well one way you could do this think back to the swissair 111 crash that landed, it was out of new york around landed off halifax i believe but that was because electrical fire became an evident thing when they turned on the entertainment electronics in the cabin of the aircraft. now it was an older airplane, we know that but you can have rather hidden electrical fire conditions and then in this

aircraft down in the electrical bay below the floor there would be maybe some indication of fire that wouldn't be immediately evident. and therefore, that reason i think, you've got to give some possibility here that he was fighting legitimately the fire. he turned off the transponders, took an aircraft in an immediate switch away, where he thought he could land along -- a long nice, runway, 13,000-foot runway with no approach obstacles can for him over water. so you know you have to think of that as a possibility at least. jenna: why would he turn off the transponder if there was a fire? >> because he does not want any fire interference with any electronics. so i think it looks like both communications and transponders together, they're electrical and i might have just killed it all as much as he could. jenna: i see.

as almost a self-protection mechanism. what about the other reports and these are bigger reports over the last few days, vernon, the pings to the satellite the pings to the satellite were going on for total some say seven hours would that still take place if the plane was dealing with a electrical fire? >> that could be mysterious to me but you know the thing that is most bothersome in that part of the world and particularly under the malaysian system which doesn't seem to be sophisticated, it could well be that this could be a falsifyingnal. we don't know that. you know the acar thing has been dismissed although that would have given three or four signals for every flight including this one back to rolls-royce on the engines and boeing on the aircraft so maintenance could be available at the landing place in beijing. but, you know, these things just until we can narrow them down

and get some kind of confidence that we're hearing the same information from the satellite so on, i think we got to at least keep open the possibility that he might have had a electrical fire aboard the aircraft. jenna: we appreciate you joining us today vernon, to mention that possibility and give us a little time to talk about it. it is certainly one we can't rule out now. just as we can not rule out so much at this point. great to talk to you again. thank you so much. >> you're welcome jenna. gregg: general motors taking new action now after it announces yet another recall. it is a big one. is it enough to make amends after a series of safety issues? and scientists making a huge discovery. what they found in space that proves arguably, "the big bang theory." conquer the globe. stop floods. now she could use a hand so she can keep living on her own. comfort keepers can help you help her.

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i can book a nearby hotel room from wherever i am. or, i could not book a hotel room and put my cellphone back into my pocket as if nothing happened. hotels.com. i don't need it right now. jenna: some new information about a california man who allegedly plotted an attack on los angeles. he was arrested on terror charges at the u.s.-canadian

border. reports say the 20-year-old was headed to syria to join islamist extremists. peter doocy joins us live from washington with more. >> reporter: jenna, this is a 20-year-old with bad intentions. nicholas tuosant initially plot ad new year's eve or new year's day attack in los angeles even warning a confidential inforth quote, don't go to l.a. anytime soon. please trust me on this. if you do go, don't use the subway. but he abandoned his plan to attack los angeles when he found out that the fbi was settings up and arresting other wannabe terrorists on facebook, because that is how he was corresponding with potential coconspirators. he shifted his intention to syria and packed his bag with boots, wool socks and military uniform. the plan was to take supplies up to canada and fly to syria from there where he would fight alongside al qaeda-linked extremist associated with a

group called islamic state of iraq in the levant. he is a private in the national guard reserves who never had any academic requirements to actually start basic training so they are discharging him now. he thought he could help the extremists in syria learn how to shoot straight. he used social media to explain his intentions and his unearned. he wrote this. quote, don't get me wrong i depies america and want its downfall but yeah, lol, i've been part of the army for two years and i would love to join allah's arm but i don't even know where to start. he said at one point he would put a bullet in his mother's head if she tried to interfere with his plans. federal agents have a paper trail of his plotting that dates back to last october. the criminal complaint that lays out all the evidence in this case is chilling. now he is facing 15 years in prison and quarter million dollar fine. martha jenna. sorry. jenna: okay. one or the other.

we'll take it. peter, thank you. gregg: general motors taking action today as the auto giant creates a new safety post, a chief to oversee recalls and other safety issues. she is going to be pretty busy after announcing another massive recall the second in as many months. this one affecting 1.7 million vehicles worldwide and the problems include trouble with airbags on suvs, inadequate crash protection in some chevy and gmc vans, brake shoes and compartment fires in cadillac sedans. on top after deadly ignition switch problems in compact cars began more than a decade ago but only spark ad recall just last month. 12:00 deaths linked to those problems. mary barra, is the chief executive of gm telling her employees, quote something went wrong with our process in this instance and terrible things happened adding, the bottom line is we'll get better as a

result of this tragic situation if we sees the opportunity. joining to us talk about it joseph white "wall street journal" global automotive editor. joseph, thanks for being with us. let's put up on the screen the many cars, first screen you will see cars recalled last month and followed by the most recent recalls and look, joseph, there are a lot of them. look at that. but it's not just that the cars, it is a lot of, the denials and the stonewalling by gm over years. how much damage has general motors done to itself? >> i think the answer, first of all, that is a very good question and the answer is going to play out over the next several weeks or months as gm responds to what clearly everybody is certain of the company now seems to acknowledge was the series of pretty bad errors of judgment in handling all of this. you know, they were telling dealers back in '05 and '06 there were problems with

ignition switches on first group of vehicles including the chevy cobalt and they chose not to recall it. they will have to answer to that on capitol hill and possibly to federal prosecutors as well. the standard here you're supposed to tell the government about a serious problem within five days, not five years. so that's, certainly how they go from here to how mary barra conducts herself from here is critically important and obviously in the last couple of days she has taken a number of steps to really kick that response into a higher gear. gregg: she has indeed. we mentioned one of them. somebody to head up safety and recalls. look history shows that car shoppers i must say are pretty forgiving. toyota recovered rather quickly following the acceleration, notorious acceleration problems so is this repairable for gm. >> gm can come back from this because other companies have come back from this sort of thing. toyota as you mentioned. ford from the ford-firestone rollover scandal of 2,000.

there is any number of very bad very bad recalls and defect investigation that is car companies have gone through. they have managed to recover. but, depending on how the company behaves under fire here, can really determine how quickly consumers regain trust. toyota had the advantage going into their series of problems in 2010 of having a pretty solid reputation for quality and reliability with consumers. gm doesn't have that luxury. they have got a lot of work to do here to get people back on their side. gregg: hey joseph. i'm out of time. can you give me a yes or no on this? 300 million is being set aside by gm. that is fraction of what they're eventually going to pay isn't it? >> probably yes. that's a down payment. gregg: joseph white, good to see you. thanks very much. >> anytime. jenna: well the white house trying everything from twerking to cat videos to sell obamacare to young people. is it working? coming up we'll speak with one young grassroots organizer why

he sees the administration's tactics to woo millenials as creepy and insulting. crazy stunt caught on camera. next the heart-stopping video of a man trying to outrun a speeding train.

gregg: all right. ref up your pacemaker. we're about to show you heart-stopping video after man trying to outrun a train in california, all captured on surveillance video. this is near redwood city. a group of people scamper across the tracks. then the guy comes barreling down. one more trying to make a cross as the train passes him just inches. you can hear the train's horn blaring in response. the man was okay. caltrans warning that incidents like this slow down the whole system because every near-miss has to be investigated. so, you know, don't be an idiot. jenna: good thing he didn't trip you know? gregg: yeah, he could have. jenna: all right. with less than two weeks until the obamacare deadline the white house is going to great lengths to get americans especially young americans to sign up for health insurance and the administration is enlisting some celebrity help. take a look. >> have you heard of healthcare.gov? >> here we go. okay. let's get this out of the way. what did you come here to plug. >> hi i'm lebron james. i know how important it is to

take care of yourself, your friend and your family. that is why i want to tell you about the health insurance marketplace at healthcare.gov. >> trust me us moms put up with a lot. one thing we should not have to put up with is our kid not having health care. >> ♪ ♪ enroll today ♪ >> only have until march 31st. beat the buzzer. >> be a winner. get covered today. jenna: lebron james singing animals, has any of this actually working? evan feinberg, runs a national organization of young people called generation opportunity writes this in recent editorial. since the exchange launch in october the ways to persuade us to sign up is incoherent and simply insulting. we know a bad deal when we see one and we're not as dumb as obamacare marketers seem this think. we have the president of generation opportunity evan feinberg.

tell us a little bit yourself and how you got involved in politics the way you are. >> sure i'm the president of generation opportunity. we're a youth advocacy organization. my passion is to give a voice to next generation of americans. unfortunately policies like obamacare are hurting our prosperity. they're taking away our opportunity to succeed in this economy. i'm excited to give a voice to my generation who are really unhappy with the president's policies with this creepy, insultings intrusive costly obamacare scheme. jenna: before i go to the creepiness in your opinion is your group republican, democrat, associated with a political party in any way? >> no, we're non-partisan. we have a point of view that certain policies will create more opportunity for my generation. that is less government and more freedom to create and be a solution to our country's problems. we're non-partisan but doesn't mean we have a point of view. jenna: i haven't heard the obamacare ads described as creepy and until i read your website and your editorial.

why do you have such strong feelings about the way the administration is trying to sell this program this policy to millenials? >> sure. well the administration is trying to sell a bad deal. they have to charge my generation three times as much for our health insurance to pay for a older sicker generation's health care. they had to resort to some pretty weird tactics to sell my generation on such a bad deal. they have everything from the partner groups, done ads people doing keg stands and things like that. trying to convince young americans they need to sign up for this really bad deal for them. the president has been going on. i actually applaud him going on "between two ferns" with zach galifianakis. they're reaching out with no message, no real benefit to my generation. just trying to sell a bad deal. jenna: is the issue the deal, the actually substance much obamacare, or is it the marketing that you just have an issue with? >> oh, i have an issue with both. they have really talked down to us and suggested that we're stupid and reasons we're signing up obamacare are because it is

cooler. because lebron james or amy pohler or some other celebrity supports it. i take issue they have really talked down to my peers as they sell obamacare. they're asking us during our leanest years with 16% unemployment and we have no economic opportunity to pay for this generation's or this country's health care system. jenna: evan, i'm sure this is not going to be the last we speak, aspirationally, do you have an interest in politics? are you wondering? >> i ran for congress in my hometown in western pennsylvania. one of the first millenials to run for congress. i was trying to get a voice for my i want to give my generation opportunity, no pun intended. to give a whole generation of americans who never lived the american dream. jenna: i have a filing this will not be the last. we'll have you back many times. thanks for the time. we appreciate it. >> thank you. gregg: all right. did you hear about this baby gorilla, san diego zoo, 24 hour

care after coming down with pneumonia. the veterinarian staff is keeping eye on the baby round-the-clock. it was born by emergency c section at safari park. the zoo staff the baby is recovering from her surgery and doing well. adorable little baby gorilla. we hope everybody will be okay. jenna: latest in the disappearance of malaysia airlines flight 370 as an international effort to find it searches an area really the size of australia. the questions whether we're looking in the right place. we'll speak to a pilot at top of the hour. the russian president confirming a treaty signed with russia. we're getting breaking news.

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jenna: just hitting noon here on the east coast, 9:00 a.m. in the west and two people killed as a news helicopter crashes just yards from the space needle in downtown seattle. a fast-moving story, dan

springer's on the scene with the latest on the story now. dan? >> reporter: we now have confirmation from police that the two people who are deceased are the two people who were on the helicopter. this helicopter came down at 7:40 this morning and it also hit three vehicles on the ground. one person who was hit on the ground was in a truck, and the police are still looking for that person. we know that one person on the ground was taken to a local hospital and is in critical condition, and a third person in the vehicle was able to be was able to walk away okay. we have a witness who saw this helicopter come down christopher reynolds, who was working on the 22nd story of a building next door. what did you see? >> i looked out the window, saw the helicopter hovering about four and a half feet off the landing pad, maybe a little higher. looked like it was ready to head out and do its normal route. as it tilted to leave away from the building it went into a tilt dive and just smashed into the ground. >> reporter: and this is something, these helicopters, this is a news helicopter comes

and goes all the time. >> routinely. i don't know why it happened. it was kind of baffling to us. we thought -- i have no idea why it went down. >> reporter: all right, christopher, thanks very much. we know it's a news 4 helicopter that's the abc affiliate. their building is right next door. their helicopter pad is at the sixth story of this building next door, and again it comes in and goes routinely. it was out all morning long on a story, and when it came if today, it was apparently coming in for a landing, and something went wrong. reporting live in seattle back to you. jenna: wow. dan, thinking of the newsrooms affected and the families impacted as well today. dan, thank you very much. >> reporter: yeah. jenna: well, some big developments in our top stories and breaking news this hour. jon: 11 days after malaysian airlines flight 370 disappeared in the middle of the night the search area expanding even farther. where are they looking now? plus russia defying the west, signing a treaty to annex

crimea in the face of american/european sanctions, so what happens next in this international stand off? and driving like james bond how you can get your hands on some classic rides right from the movie set all "happening now." ♪ jenna: well, 11 days and still no trace of the missing malaysian airliner, now as we get some new information, a new twist that the plane made a drastic turn, and that turn may have been preprogrammed by someone in the cockpit which means, of course it's sweptional. hello, everybody, i'm jenna lee. gregg: and i'm gregg jarrett. here's the latest on flight 370 this hour. we know that the boeing 777 was on its way to beijing, china. it suddenly changed course, heading southwest. well now new reports say that change of direction was actually programmed into the plane's computer meaning somebody with extensive knowledge of the aircraft was likely responsible. and the search area is still expanding.

australia deploying four orion surveillance planes as they scour vast expanses over the indian ocean joining american aircraft already in the area. the clock is ticking. the locater for the black box on that boeing 777 only has a 30-day battery. after that well the battery dies. the signal that could lead searchers to it stops. william la jeunesse is live in los angeles with more. william? >> reporter: well, gregg the central question has not changed: was there a fire or mechanical problem onboard that knocked out communication? did someone breach the cabin and take control of the plane or were the pilots themselves compromised or in some way complicit? that's what the new evidence suggests. here's the plane's original flight plan, north to to beijing, but the plane is suddenly turns west. question why? "the new york times" says whoever changed the flight path did so by typing into the plane's onboard computer rather than turning the plane manually.

reinforcing speculation that a pilot did it deliberately, not someone inexperienced who entered the cockpit. and new information today from thailand about when this happened. takeoff, 12:41 a.m. 1:07 the onboard computer checks in with the ground. at 1:19, copilot says, all right, good night. at 1:21, the transponder -- which makes the plane visible the civilian radar -- stops. a minute later thai military sees the plane on the normal flight path, but five minutes later it turns west. 1:37 acars duds not transmit data as scheduled. damaged or deliberate? we don't know. 2:15, the plane is last seen on malaysian radar. six hours later last seen on satellite. >> what the shows is that -- what this shows is that whoever moved this plane and why it did this turn was because the plane did it itself, but the plane only could have done it if

someone had reprogrammed it. >> reporter: this still doesn't tell us when or who reprogrammed the flight management computer. pilot and copilot, we don't know. what we do know is if this plane was crippled, the last place you want to take it, gregg, is in the middle of the indian ocean. nevertheless investigators have not ruled out hijacking sabotage, suicide or terrorism. so the mystery continues day 11. back to you. gregg: that is a vast and very deep ocean the indian ocean. william la jeunesse, thanks. jenna: still so much on the table, gregg. joining me now, an experienced boeing 737 captain and president of four winds consulting. and, john, you flew a plane that's similar to the 777 plane, and that's why we really wanted to talk to a pilot today because so much is being made of the programming direction into the plane. what does it really say to you about why the pilot would do that? >> well, there's a couple of different reasons. first of all, he could have made a mistake in typing the data

into the flight management computer. that has happened before where you have two fixes that may be discriminated by one or two letters, and you mistype it. that could cause a plane to turn if you're not, if you made a mistake, and the other thing -- jenna: is that something that just can happen just as easy as we're in a car and we make a wrong turn? is it just as easy to do something like that? >> it can happen, but you normally see it in the displays. you normally see your flight path as it's being projected on a flat panel display in front of you change in an unexpected way, so they should have been able to catch that. another likely scenario is that something drastic happened to the systems of the airplane. it could have been, it could have been some kind of fire in a wire bundle inside the cabin that is very dangerous because you can't get to it. and in that case perhaps the airplane turned to the nearest point where they could find a suitable alternate. why they overflew that, why the

patient flew for a distance beyond that is still a very big mystery. jenna: talk about to us about radar, because there's so much being made on now these reports out of thailand that maybe they missed some radar signs that this plane flew through their area. we've been talking a lot about radar, john, but a lot of us have never flown a plane, so how reliable really is radar when it comes to elope candidating this plane -- locating this plane? >> well, the civilian radars that we use really rely on these beacon augmentation devices we call transponders. as the radar signal prop a gates, it problem gates and loses energy. so if you're three times further away from a radar station, the radar signal is nine times as week. you need these beacons to see transport airplanes at a great distance. it can be very difficult for these types of civilian radars to puck up the painted -- pick up the painted skin of the airplane.

so once that transponder is turned off those airplanes can in effect, be very hard to see on civilian ray or daughters. military radars, a little bit different. jenna: so you're saying that a fire just to tie this in, inside the cockpit or somewhere deep inside the plane could have affected, for example, the transponder? when we say the transponder's been turned off, that could have been a fire? >> yeah. i think a more accurate way an investigator would be to say that the transpond orer stopped working. the airplanes are designed to deal with fires that happen in the engines and so we have fire detection systems and extinguishing systems for that. probably one of the biggest dangers and one of the ones we saw in the crash of the swiss air flight by halifax, nova scotia is there's lots of wire bundles that go above, you know in the ceiling of the airplane and underneath the floor of the airplane. so as you're sitting in the airplane there's actual wire bundles going beneath your feet and bo above your head.

and if one of those shorts and starts an electrical fire it's almost impossible to get to it and put it out, and those can affect systems and that can be a very dangerous situation. jenna: is there no way for the pilot to let anyone know that something catastrophic is happening? >> if it takes out his system, and this is the real question because it seems to have taken out multiple backup systems. if the pilot's radios don't work, then you have the, then you have the transponder. you can actually send coded messages through the transponder. if the transponder's not working, you still have your acars system which you can send data link messages to your company. but in this case it seems like three systems the radio, the transponder, the acar system, they were all, they were all inoperative for some reason and that's very unusual. it could be the result of a wire bundle fire. that would be one of the first things i would ask an investigative team from boeing is to say, hey, are these wires all in the same bundle, and is

this a failure mode where this could happen? jenna: john, it's great to have your expertise to today. thanks so much for joining us. >> thank you. great to be here. gregg: a moving tribute growing by the day, this is kuala lumpur's international airport. hundreds of people, many just random strangers, leaving messages including prayers and well wishes on the airport's walls to the 239 people onboard and their loved ones. coming up a bit later this hour piecing together a very complicated puzzle, one of the biggest aviation mysteries in our history. dozens of country cans teaming up for the search. we're going to be talking with a former cia officer about this investigation, why it is critical to get to the bottom of it. jenna: well while the white house says more people are signing up for health care big questions over whether the uninsured are really the ones enrolling. how will this impact the midterm elections? we're going to talk politics and

health care coming up next. plus, oscar pistorius' defense attorney claims police mishandled evidence so much, it's impacting the case. and look at this, a driver stuck in his car in this freezing river. we'll show you what happened here, coming up. ♪ ♪ ♪ humans -- even when we cross our "t's" and dot our "i's,"

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is this the bacon and cheese diet? this is the creamy chicken corn chowder. i mean, look at it. so indulgent. did i tell you i am on the... [ both ] chicken pot pie diet! me too! [ male announcer ] so indulgent you'll never believe they're light. 100-calorie progresso light soups. gregg: with just over two weeks until the deadline, the obama administration says the health care exchanges have reached five million enrollee ares, moving closer to their revised goal of six million. but there are new questions about this number being offered and yes, sir over how many -- and questions over people who signed up were uninsured before. joining us now, juan williams nina easton, fox news contributors. great to see you both be. nina, let me start with you.

"the new york times" is reporting that 20% of the people who have signed up haven't paid meaning they're not covered. so you've got to subtract that number from the five million. then you have to factor in the insurance industry dropout rate, 20-30%. well i crunched the numbers on all of that, and instead of five million the truth may be closer the three million. can obamacare sustain that number without huging rate increases? -- huge rate increases? >> well, those are very interesting numbers, gregg. it's clear that the administration wants to be able to end this month with a big declaration of victory. it's very important to them going into the midterm election in november because otherwise obamacare's a huge meddlesome issue for democrats. and it's also important for them to slow down any momentum republicans may have in providing alternative plans to obamacare. so it's in their interests to keep those numbers as high as possible. as you point out, insurance

companies typically don't count somebody as enrolled unless they've actually paid that first monthly insurance premium x the administration's trying not to release numbers on what that actual number is. and then there's the question of how many people who weren't insured are actually getting insurance as opposed to people who were bumped off -- gregg: right. >> -- their previous plans. gregg: yeah. and those people by the way, fall under exemption number 13, the hardship exemption by hhs, and then, juan with hhs has also added this one that's on the screen it's number 14. it would allow the individual mandate to be avoided quote: you experienced another hardship in obtaining health insurance documentation if possible. so think reason, juan would do. you can just claim a hardship. now, isn't the obama administration essentially exempting the core of obamacare the individual mandate? >> no. you know, the ardship exemption, gregg, existed in massachusetts which is the model, and it's

been will for seven years. i -- been there are for seven years. typically, what they're looking for are people who have had a fire in their house, someone who's been the victim of domestic abuse, some catastrophic event -- gregg: you don't have to -- if you don't have to prove it, how could the irs actually investigate the millions of americans who would file it under the individual mandate? >> well, they will look at it. i mean, that's the point, that they will look at it. it's not a given. it's not the case that you just say, oh, yeah and it's done. that, i think, is an effort by people who are trying to undercut this obamacare and undercut this moment when you see that, in fact, you have now unbelievably picked up the pace in terms of registration in this country. and i think, you know, to speak to nina's point, this is part of the political argument. we're not really arguing anymore about whether or not they're going to have viable numbers. it looks like they'll have

sustainable numbers, but what about what nina called the meddlesome problem of obamacare going into the midterms. gregg: you know nina 25% of young people have signed up, they needed 40%. >> that's right. gregg: so with that low number of young people, i mean doesn't that skew the risk pool into an area where obamacare cannot be sustained? >> well, it makes it far more costly to sustain it because, of course you need younger, healthier people to come in to pay those premiums which the president insisted wouldn't cost more than a cell phone monthly cell phone charge but, of course, it does. but you need those young people to come in and pay, you know $180 $200 a month and be willing to do that to offset the costs of covering older sicker people. and otherwise there's tremendous financial strain on the system, and the presidential for premium increases and so on. so it adds -- that is not a

sustainable number, the 25%. gregg: all right. nina easton juan williams. juan, i shortchanged you, but you know i'll make it up to you in the future. >> i appreciate it. jenna: well, a frigid water rescue in washington state all caught on camera. this man, clinging to his car, after getting trapped in the yakima river about 100 feet from shore, his car almost entirely submerged. it took almost an hour to try to rescue him. officers say he was treated for hypothermia. another person in the car was able to swim to shore. police are still investigating how that car ended up there. gregg: russian president vladimir putin getting a standing ovation before signing off on the annexation of crimea. so will western sanctions stop russia from grabbing even more territory next? and scientists may have found proof that the big bang theory kick started our galaxy. what they discovered across the universe. ♪ ♪

gregg: how about this one? be scientists making a huge discovery, saying they may have found evidence prove the big bang theory after locating what they call cosmic ripples left over from the birth of the universe. patti ann brown live in our new york city newsroom with the latest. i read the whole article and i gotta say i understood maybe this much of it, you know? [laughter] try to explain it. >> reporter: yeah. we do recommend that people go to the web site and read the foxnews.com article because it is complicated, but scientists say, gregg, this new discovery provides direct evidence supporting the big bang theory, the theory of cosmic inflation says the universe exploded from

a tiny speck and hurled itself out in all directions in a fraction of a second that followed. and scientists believe that rapid expansion caused light ripples which remain imprinted in the sky in a glow known as the cosmic microwave background. and now astronomers using the bicep ii telescope at the south pole say they have found those ripples. they detected fluctuations in the gravitational waves in that so-called cosmic background. >> this is cosmology's missing link. it's something we thought should be there but we weren't really sure, and it has been eagerly sought for two decades. this is not something that's just a home run, but a grand slam. it's the smoking gun for inflation. >> reporter: and these findings were made by scientists at harvard, stanford and cal tech. these fluctuations offer proof of what was until now just theory. gregg: when you explained it so

nicely, i understand it, but i'm still going to stick to the big bang theory tv show. [laughter] >> reporter: that's a little simpler. gregg: and it's funny. the big bang in reality wasn't very funny. thanks very much, patti ann brown. >> reporter: thanks gregg. ♪ ♪ jenna: well the russian president getting a standing ovation after taking to the podium today before signing a treaty making crimea part of russia now. ♪ ♪ [applause] jenna: russian officials mocked the sanctions signed by president obama calling them a joke. an op-ed in the "wall street journal" today says they may be just that. the editorial page writing: the sanctions mr. obama announced are worse than useless because their main impact will be to make america look week. joining us now, brett stephens, had his own column as well that touched on this. let's just talk in general about the reaction in the last 24 hours to these sanctions. what do you think it means? >> well, i mean, when your adversaries are spitting in your face and mocking sanctions that

the administration claims are the most serious comprehensive sanctions ever imposed on post-cold war russia, it should alarm us because it means they're not taking us seriously and they have a good reason not to. i mean, think about it. russia just seized sovereign ukrainian territory conquest of territory in europe. unimaginable says joe biden in the 21st century. and we're sanctioning 11 individuals, not including, by the way, the most important or responsible individuals for what just happened. jenna: secretary kerry had said publicly announcing to vladimir putin that we're not going after you personally. but in your opinion, do you think we should be? are there ways to leverage our influence directly on vladimir putin, the man who's making the calls? >> well right. because what you have in russia is a concentration of both political and economic power. these are people who are very close to the putin government

and also people who many suspect have huge assets throughout the west enjoy their access to the west enjoy their chalets in the alps, their large homes in london. we can cut those things off. we can exact a personal price on the handful of individuals, not ten, but maybe a thousand people who are connected to the kremlin and also have this other life in the west. that would hurt the kremlin very acutely. jenna: but there are some who disagree and say listen vladimir putin doesn't really care. the oligarchs aren't really that close to him, and he has his own agenda that he's following. >> the oligarchs are very close to putin. they've provided both his power base and his financial resources for the past decade. so hurting them does hurt putin. the other thing that we should be doing and people say this is five years off ten years off, is we have to be making sure that europe and the united states are less and less dependent on russian gas and russian oil. the russian economy people think of russia as this vast country. the russian economy's the size of italy and it's almost

entirely dependent on their commodity exports. it's one that we can put acute economic pressure on because what it is is the pet row state on one hand and old daughter key on the other. jenna: it's something that you touched on a little bit today in your own column as you went through what our president is doing while crimea/ukraine crisis is going on. how do you think our domestic agenda right now is influencing our foreign policy? >> well, for instance i mean we should be approving lng gas terminals so we can begin exporting our supplies of natural gas to europe lessening their dependence. but when you have a president who is as dependent politically as this one is on his environmentalist constituency that becomes hard to do. you saw president obama have this clip with the actor zack gal galifianakis, he was too iing to plug -- he was trying to plug the affordable care act.

you would think in the midst of an international crisis he wouldn't take a half hour hour of his time to talk with zack galifianakis. this is a president who is reluctantly coming to terms with the fact that he's leader of the free world. jenna: we're closer to confirming reports about a conflict that happened in crimea. russian troops apparently storming some sort of installation that still belonged to the ukrainians. so if that is the case, that is an escalation of the conflict. i mean what do we do? if these are the reports that we continue to get and there actually is violence -- >> yes. there are thousands of ukrainian troops loyal to kiev who are and have been stationed on the crimean peninsula and don't intend to recognize this illegal seizure of ukrainian territory. just the other day when president obama met with the prime minister of ukraine, he said the ukrainians would not be getting military aid from the united states. that sends precisely the wrong signal. you heard putin say he had no

more designs on the rest of ukraine. don't believe him. ukraine needs our military support, and that has to be more than just saying that the international community is behind them. jenna: great to see you as always. thank you. gregg? gregg: well more on the ukrainian crisis, an advanced look on how these sanctions on russia could impact us here at home as russia now says it plans to target american companies. what about that? a live report coming up. and could the missing malaysian jetliner have been diverted by a hacker? we'll look at that disturbing new report.

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ask your doctor about non-insulin victoza. it's covered by most health plans. gregg: planes and ships for more than two dozen countries now looking for what may be a needle in a haystack 11 days after flight 370 vanished. new reports say the planes drastic turn off course was actually programmed into the computer cockpit. adding only to the theory whatever happened was a deliberate action of somebody with extensive knowledge of the boeing 777 jet. senior fellow for national security affairs, the heritage foundation. what do you make of this and how important is it that we determine where is it and what

happened? >> gregg, the fact is we have a large airliner with a couple hundred people missing. we have very few clues as to its fate. beside the potential human tragedy here, the loss of life, once again we have a security issue. before 9/11 nobody thought of the idea or the possibility that somebody would fly an aircraft into a building. but this missing aircraft is a potential security threat talking about israel reacting to potential this aircraft has been hijacked, or even in the united states that we could have something like another accident or incident where an airplane could fly into a building. it could happen anywhere globally. there is a huge security issue beside the human interest in potential for human tragedy that we are all dealing with. gregg: there have been a couple

of jetliners that killed everybody and it was pilot suicide. egypt air was one of them. is it your sense they are focusing on the potential this plane landed safely and is going to be used for nefarious purposes? >> quite struck by the report out of israel they feel there is a threat. they haven't shared any specific intelligence, perhaps that is going on between governments but there has been reporting they are taking that threat seriously. israel lives in a very dangerous neighborhood they have an intelligence service but i don't think it would put their air force on high alert if they weren't worried about this possibility. the fact we have no idea whether this large aircraft is, knowing these things can be used for

terrorist purposes, we should be very, very concerned about that. gregg: loaded with jet fuel. what else could you put inside this jetliner that could multiply the threat? >> you could put explosives on there, but a large aircraft with a full tank of gas that is what they basically used on 9/11 there were no explosives. what you are talking about are the targets whether you would fly this into a building exploded over cities, we have seen plots going back to the fact we cannot put liquids on aircraft today goes back to a plot coming out of london. what they intended to do was not told him up over the ocean, but over american cities to increase the casualties on the ground. we saw the terrible tragedy in seattle a few moments ago where a helicopter came down. imagine if you could rain down a large aircraft onto a populated area.

that is another possibility. gregg: a gathering. quick question, peter. everybody under the impression after 9/11 the cockpit doors were reinforced to prevent a hijacking, what about that? >> that is another concern. if it turned out to be terrorism or something with intervention what happened with security? there has been critical lessons learned. there was talk about a plot, information came out of london last few days talking about an al qaeda member who talk about being in touch with malaysians using a shoe bomb to breach a cockpit to take an aircraft. that goes back a little ways but we know that is possible so there are ways to get into the cockpit. the possibility a pilot might let somebody and as we have seen. gregg: the other pilot was

apparently caught bringing people into the cockpit that he shouldn't have. peter brookes, thank you very much for being with us. >> thanks, gregg. jenna: the u.s. imposing sanctions on russia. so american businesses could get caught in the crossfire if there is retaliation for russia. more on this, rich edson from the fox business network joins us from the white house. reporter: good afternoon jenna. sanctions for dozen or so russian officials. we expect more sanctions against russia. the white house just announcing that. and we could have retaliatory sanctions against the russians having businesses assessing what that means for their operations. there is a business presence for american businesses in russia. thank you for example has nearly 100 stores. hundreds of locations of kfc they plan on expanding in russia next year. the one analyst says when it comes to american businesses exposure relatively speaking in

russia it is pretty limited. >> america's vulnerability is somewhat reduced. russia is not even in the top 20 largest trading partners so what you are probably talking about here in a further escalation would be what do you do to russia's oil and gas sector relative to the reliance in europe. >>reporter: if you take a look at russia's top trading partners, china number one, netherlands, germany, italy, ukraine, after that european presence. and the whole energy question. 8% of the oil russia sends out international goes to europe 30% of the natural gas consumed the europeans comes from russia. that really is the consequence there when it comes to what kind of economic impact we could be looking at. back to you. jenna: rich, thank you. gregg: the blade runner murder

trial. defense attorneys are cross-examining a crime scene photographer. trying to claim police tainted new evidence. did oscar pistorius really kill his girlfriend accidentally? and recreational pot supposed to be for consenting adults but doctors report children are the ones getting hooked. we are back. jenna: we are back. sandra smith joining bill hemmer. five my people signed up under obamacare. they are not releasing key details on those enrollees. we will ask steve more about that. >> 12 days and counting. the obama-putin relationship now at its raking point. big developments out of russia. >> stay tuned. >> top of the hour. then we gave each person a ribbon to show how many years that amount might last. i was trying to, like,

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gregg: day 12 of the oscar pistorius murder trial in south africa today, the focus was on the crime scene photographer and some 900 different photographs taken inside the home after shot and killed his girlfriend. former prosecutor and lis wiehl, fox news analyst. grim photographs, bloodied photographs are not presented in front of a jury because the prejudicial value outweighs. but no jury here. >> just a judge. i'm not surprised, but it is not that important. we know who had done it. what the defense is trying to say through cross-examination is the crime scene was bungled. it doesn't matter in this case. gregg: is that your last refuge? contamination, sloppy police work. the o.j. simpson defense frame. >> and who done it, that is crucially important.

you cannot side to the liability. this is exactly what did this defendant two. gregg: i want to ask you this. you actually brought it up i thought it was a pretty good one. what are a blur locks himself in a bathroom, with girlfriend gets up in the middle of the night or wife and locks the bathroom door unless they're they are in fear of their lives. >> i have asked my wife, colleagues, one by one and i said have you gone to the bathroom in the middle of the night and if you have, have you locked the door? almost universally they do not lock the door at 3:00 in the morning. >> it is a common sense question, you don't do that.

>> the locking of the door says she was in fear of her life at that moment. it gets into what was going on in her mind. >> we know there were screams first. >> they are human beings. >> they have multiple ones. >> no ax to grind. >> take new york, for example. out on the street you cannot use deadly force. in the house, if i recently believe the person is committing a felony he is up there. gregg: here in the united states, what they are doing are using an imperfect self-defense. an honest but mistaken belief your life is in danger. >> you counted in, it happened

before hand the bathroom was locked from the inside, how can you get to that imperfect defense? >> the gun expert got on the stand and said he had such an obsession with guns and i saw him one time act really irrationally with a burglar and took his gun and hunting through every room, that helped the defense. >> however they put something into this record that was brilliant. it becomes overwhelming. they put in evidence filled out guns and certified those forms he new line revelatory standpoint cannot fire through the door. >> the previous behavior pattern of conduct. >> the lesser included. even if they don't find premeditated murder lesser included culpable homicide.

gregg: would you make that argument before a judge? >> i think you have to. they swung for the fences and loss. the prosecutors were smart to back it up. gregg: i am not sure you can argue it is culpable homicide. you want to link nothing to him. gregg: lis wiehl, doug burns. thank you very much. jenna: ever want to buy a car fit for us by? value can courtesy of james bond. we will tell you how next.

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gregg: love that music. here is your chance to ride like an international mystery man. not often powers. one car collector looking to sell the famous james bond cars with all the gadgets and gizmos you can handle. phil keating live in miami with

the very latest. reporter: that is right, gregg. long before austin powers, the one secret agent was bond, james bond. yet all the sexy bond ladies and all of these sexy sports cars. >> these are very memorable cars from the movies. reporter: from golden finger to golden eyes it is for your eyes only. unless you have the money. this all can be yours. >> the name is bond, james bond. reporter: he currently does own it all come of the largest single collection of james bond vehicles in the world, and he wants to sell. >> smoke and oil comes from it. reporter: he had a go around in this aston martin. >> they made them from '63-'66.

machine guns the plate. >> i remember that. reporter: how about this scary robot tank, or this bullet ridden land rover or this that became a submarine in the spy who loved me. >> james bond is an icon for the last 51 years. our parents watched him, we watched him, our kids watch him. there is only one or two of a kind. reporter: 1971 diamonds are forever featured this mustang mach one. if the cars are not enough for you, gregg there's always the helicopter in the plane flown by james bond. gregg: is at the one that halle berry is in the chopper with james bond?

and comes out the back of the plane? reporter: i think that is that one. but the airplane is older, from earlier in the '70s. the idea is somebody in great britain will build a museum and everybody can see the british secret agent double 07. gregg: that is cool stuff. thank you, phil. jenna: you're interested in buying there may be a way to strike it rich. cash registers are ringing out with all of the tickets for the mega millions jackpot. we will tell you how big it is next. ly return i'm looking forward to... for some, every dollar is earned with sweat sacrifice, courage. which is why usaa is honored to help our members with everything from investing for retirement to saving for college. our commitment to current and former military members and their families is without equal.

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million and that means there is a chance. >> there is always a chance. that is the add here. occasionally i have done that. >> it is fun. we all have to do it. >> you never know. thanks for being with us. america's news headquarters begins now. fox news alert. the flight diversion was preprogrammed by someone in the cockpit possibility before it took off. i am bill hemmer and you came back for more pain. >> good afternoon. everyone. i am sandra smith. the hard left turn that the plane took off of the original path had been programmed into the on board computer that sits in between the two pilots. chief intelligence correspondent cathrein harris has the latest details. >> reporter: thank you, sandra.