fa a, said the dream liner 787 is basically okay. design and manufacture okay according to the fa a. there were fires on board of the aircraft that led many people to question the design. the fa a and boeing cleared it for now. gena. >> thanks for joining us everybody. america's news headquarters starts right now. >> fox news alert. malaysia calling on the fbi and its expertise to crack a new clue in the missing jet case. i am bill hemmer. sdmshgs i am sandra smith. foils on the personal flight simulator were deleted and if it is possible to get it back the fbi is one of the few aemgss to do it. cathrein has more on the new developments. >> reporter: a source not author otherwised to speak on

the record confirmed that the fbi was asked to do an analysis to cover the deleted foils. it was recovered from the 53-year-old pilot's home once the investigation became a criminal case and reassembled and they reviewed the foils that point to pre-meditation. authorities in malaysia that data records were cleared on february 23rd. one month and five day before the 370's disappearance. nsome were erased from the simulator. i would like to take this opportunity to state that the pilot and crow remain innocent until proven otherwise. >> the data simulator is evaluateated if he rehearsed dramatic changes in altitude.

five remote landing shrimps were found on the simoutor hard drive. seasoned investigators said deleted files are a red flag in a case like this. >> the computer is intentionally wiped, you know that there is something that the owner of the computer wants to console. >> and initial review of the pilot and co-pilot's e-mail did not turn up evidence of a plot. >> thank you, kathryn. sandra? >> america's top law enforcement officer asked about the search of the flight 370 today. >> we are working with the there ares and offer assistance that we can, but at this point we don't have theories. we are in the process of trying to determine what happened there and helping in any way we can. >> since the plane's

disappearance, the fbi and justice department offered to assist the maylasian government. >> and a former fa a official believes that the plane was taken off course and diverted before the last contact. >> it was chlor, not only that the transponder was turned off. these planes are built with systems that this type of thing just does not happen. and now with the new points brought up tonight it is 100 percent clear. the pilot or co-pilot took the plane. >> my next guest disagrees. the retired pilot now similar routes. good afternoon to you. >> good afternoon. >> what is wrong with what renner is saying there? >> it is notes inially he is

wrong. but there are additional factors involved here. clearly i believe as he does, that the pilot one or both pilots maneuver ared the aircraft and shut down the transponder. but it doesn't discount there might have been a third party that forced them to do it. i think that needs to be considered. >> all right. that's another theory then. but what renner is saying, he's saying that the plan for the plane was put in the computer to fly toward the west or this slow curve the west. not a dramatic turn. that is done 12 minutes before the co-pilot said good night. put those in your theory, michael. >> it would be possible depending upon either the third party or pilot or pilots decided

to make the turn. they would program it in the computer and yes, that make sense. >> and so if you are considering, a third party, they would have to breach the cockpit? >> yes. >> on malaysia airline do they have the strict rules where the cockpit door is locked? >> i only assume they do. i upon not familiar with malaysia airline operation. i would assume that there is a focus on keeping the cockpit secure. >> do you have data on cockpit breaches over the last 13 years? >> i know there is number of attempts to breach the cockpit and there are studies. >> also michael on that point,

if they attempted, do you know of any success in those attempts? >> i do not. >> okay, so all right. well, we are still going a long way. back to what renner is saying, the slow turn to the west, how many flying miles would it take to accomplish such a turn if you go northeast to directly west? >> it depends on how the turn was made. if the autopilot was connected, the aircraft would roll into a bank and would make the turn to the west. if it was done in a different mode where he had control of the bank, he could get it down to little as five degrees and do it gradual and that would incrose the turn radius. >> i understand. motorcycle mike, your big point, don't blame the pilots. you are repoeting what we heard

a momenting on. you are not convinced on the little evidence that we have either of the gentlemen were bad actors? >> i am monot convinced. i think there is a possibility of a third possibility if the cockpit was breached, but it could be one or both of the pilots. i am not ruling any of this out at this time. >> if it is a third party breaching the cockpit, they would have had to gain access and get control over the pilot or co-pilot and get them to shut down the a- card system, turn off the transponder and initiate the turn to the west. that is a lot, michael. >> it sure is a lot. however, a third party with the pilots under did your recess could force them to do it if he had enough knowledge about the aircraft that he anyhow the

basics of what he wanted to have done. >> michael, we hope to get you on camera. we apologize that the seginal went down in carmel, california. we'll speak gaep. >> thank you. anger and frustration boiling over as family members of paefrnls had to be forcibly removed from the new's conference. >> they were dragged. and the family of the a cowed malaysia authorities of with holding information. >> new developments in downtown new york. this was surprised testimony inside of a courtroom in new york city from osama bin laden's son-in-law. the former al-qaeda spokesman from kuwait telling the court

that he met bin laden inside of a cave in afghanistan. he recalled the terror leader telling him "we are the ones who did it". a bu gates is charged with conspiracy to kill americans with al-qaeda. this was not expected to happen but it has and more details on that moments away. tension reaching new highs in crimea. hundreds of pro russia militia taking over. this as the ucrepe government amasses troops on the eastern border with russia greg is got more? >> reporter: the russian take over of crimea continues and pro russia thugs followed by troops entered and sewed the ukranian navy headquarters in crimea and

kicked the ukranian sailors out. the commander is still being held. they stormed another base and no injuries have been reported today but yesterday, one ukranian soldier was killed after the take over of yet another facility. the government here very angry and gave orders in the remaining troops to use gups if necessary and tonight an ultimatium to release all sailors being held. this is after putin gave the speech that crimea was a part of russia and blaming the west. the russian parliment is preparing to give a rubber stamp of approval. putin claimed he was not interested in invading any other part of ukraine. but the military is not taking chances. tanks and troops are digging in

long the border of russia and the border crossing is reenforced and that area has sewn violent pro russian protest. and secretary of state biden -- is there and trying to reassure the nato allies and eastern europe that the united states would defend them in the event of a russianivation and there is no treaty obligation in the event that russia moves on ukraine. back to you. >> thank you, gregg. >> and so obvious question. what can the white house do to stop russia from taking more? if anything. >> new information for the search for flight 370 and a change in the time line of the events could change the investigation. >> the truck going airborne toward a police officer on the

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the mist row of flight 37's fate intensifies, we learned that first insurance payments have been made. the german insurance company said payments are in line for normal practice. it gave no specifics about the amount of money paid out. >> the white house may be rethinking the president's pick for surgeon group because of a push back. the group of senators will not support the nomination of the doctor. michael is with me now. good afternoon to you. >> good afternoon, bill. >> this group of senators are

all democrats, what is the rub? >> the context here. murphy doesn't need a single republican vote to pass the nomination. harry reid changed the rules and they need only a simple majority. and it is down to democrats and the group of democrats is concerned because of the things that dr. murphy said about gun control and he favors more gun control and that's got the national rifle association opposing his nomination and we have senators, the senator from alaska is on record opposing it and up to ten septemberors on the democratic side is opposing the nomination. >> the nra stepped in and said we don't like the guy. ten democrats are pulling the senate. is the nomination dead already, michael? >> i can't predict for certain but it doesn't look good. there are reasons for that.

look at the doctor, 36 and he would be the youngest surgeon general. he department pass his residency until 2006 because he is young and inexperienced and it is more the political side of things. not only do the announcements on gun control make him problematic but there is not much else going for him. he is a political nominee than medical expertise. >> and it shoes you the strain on the democrats in the red states for the re- election year. it shoes you how, how te little their hold on power. >> the nomination for the civil rights and the department of justice failed. and that was because the democrats defected and that is sort of the beginning of what

you are seeing, democrats are not so much concerned about helping or supporting president obama's agenda when it is problematic for them. they are thinking about when president obama's term ends in 2017 and beyond that. >> they are trying to survive is what you are saying, michael. >> exactly. the white house doesn't want to put the democrats in the position to vote no or cast a ballot? >> you would think so. i think we may hear about the nomination pulled. and again, that nomination two weeks ago, they thought right up to the end they would get it passed. vice-president biden went down to give the tie- breaking vote. >> what does it say about the relationship about the democrats on the hill and president, to. >> it is frosty not only with

harry reid and the white house but democrats all the way down. you look at things that democrats have stuck their neck out for, for president obama. the big one obama care and cap and trade and stimulus and that hurt them and it will hurt this class of senators up for reelection in 2014 and there is a limit for what the democrats will do to help the president from their own party if it damages their survival. ninteresting to watch the relationship for the next seven months and beyond. michael, thank you. >> big box find. toyota is paying billion to the government. >> not what you want on the trip to dizz no. a giant tank. ntheir exmrnation. we have a question for you on this.

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downing under the sea in disneyworld sounds magical. this is not what the visitors had in mind. the giant fish tank sprung a leak and pouring water on the downers. they hurried up to save the fish and the restaurant did not close and still served fish dinner. that is flying fish. >> that is fresh fish.

>> we were talking earlier, right. >> we want to know. >> what is fishy. go any way you want with that. >> what is fishy, folks. >> send me a tweet at bill hemmer. >> and to me sandra smith fbn. >> toyota will pay a fine to the government for safety issues. they with held information about deadly unintended acceleration. melissa francis from the fox business network. tell us about the big settlement. this is huge not only for this company but all automakers. >> oh, absolutely. remember toyota, so many recalls related to the sudden accelriation. they looked at floor mats and pedals and computer system. the justice system said they made consoling and misleading

statements to consumers in the whole time and that's why they will pay 1.2 billion. this was a four year criminal probe and so it is a big deal. >> a lot of cars are recalled here. this is a costly mistake for toyota, right? >> the numbers are staggering and started in 2009. and the total of 10 million cars that were recalled for brakes, gas pedals and floor mats. and an investigation in the computer system and they paid 66 million in fines. that is nothing compared to the billion right now. toyota issued a statement and saying they copted and made changes to be responsive and consumer focused and committed to continued improvements. we'll so what that makes with customers. you have to worry about the lawsuit over hang if you are a share holder.

>> a lot of share holders, a lot of them made settlements. and general motors dealing with a recall of its own, melissa. >> they had a recall related to the ignition switch. that will cost 300 million and that number has to be go up. it is a good time to own a bike. these are a lot of recalls. >> i am a fan of that. >> take the subway. >> there is always that. >> and see you in 30 machines. >> absolute leechlt fbn, check it out. >> new regulations to change the story on flight 370. what could the deleted simulator files tell us once they are recovered. >> and tough talk about the power grab in crimea. can the white house back up sternwarnings? >> it is true the russian economy has slipped as a result

of the invasion, but not as a result of anything that obama has said or done. the sanctions he imposed are risible. everybody understands that these sanctions are a joke. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.® ♪ campbell's healthy request. ♪ ♪

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>> a new report from the defense department showed source

security lapses and the second deadliest mass shooting and chances or changes are expected in determining who gets security clearance and how that is monitored. and the washington post reported that the nsa reported all phone calls and listening to them later. two lucky lotto winners will split the $400 million jackpot. winning ticket sold in maryland and floridaia. we hoped it was solid in new york. but yr. here today and i am here today. >> did you buy a ticket? >> i did not. >> i didn't have a chance. global mist row of flight 370 in malaysia, asking the fbi to examine the flight simulator. the search is in the vast areas of the indian ocean. mike is a fox news contributor.

>> my pleasush. >> let's be clear the simoutor was not very sophisticated but could give an indication of what he was looking at if anything at all. we eliminate files and it may go no where but it is a path to go see if he was looking at strange airports where you might need special skills to land a triple seven. it is a good thing and it is not the rosetta stone to find the answer. >> is it common for a flight to keep a flight simulator in his home. >> microsoft puts out great programs for that. this was probably more. and i don't know. we say flight simulator. we are talking about something

where he could test out things. and it is something we have to look at. >> and the files apparently been deleted from the flight simulator, does that tell you anything? >> maybe he didn't want somebody to know something after he left. let's be clear. we know he was involved and red handed in this one. and so anything he did should be taken and looked at, but it does say something, probably experts have no role problem finding out what those files were. >> enter the fbi and they will get a look at this thing as someone with extensive experience and what will they be looking for. >> i think it will be what those files were and were there airports that the man was looking at trying to simulate and airplanes trying to simulate and what was the date and where was he and the time line of what

he was looking. and i suspect they will not have a hard time with. that but the problem is how much they are getting to look at? the malaysia authorities are not the most forth coming in terms of information. >> isn't that part of the problem here? malaysia is going to turn over authority to the fbi to look at this. who do you believe is better suited to lead the investigation at this point? >> we know malaysians aren't. they don't know or incomtent or hiding something. the information over the last ten day system contradictory and a lot of is wrong. i wont trust a lot of coming out of there now. >> the evidence as it stands today points to pre-meditation. and what are your thoughts on this flight? >> there is no question of pre-meditation. we can stop that now.

and we are going to have to change the focus of how, who cares, he did it to why he did it and what is happening next. and it is certain qualifications to land a triple seven and that's what we have to focus on right now and what is happening going forward in the next several months. >> mike boyd, thank you for joining us. >> thank you. under article five of the nato treaty we will respond to any aggression against a nato ally. >> that is vice-president biden trying to ease concerns for nato who has concerns about russia

and general from the army and fox military analyst. how are you, general. >> always good to so you as well. >> the associated press now reporting that the ukranian government making plans to pull troops out of crimea as russia takes control. if that is true, it looks like it is a done deal? >> it is a done deal. as far as the russians is concern they have foreign troops in the country and they are ukranians and the ukranians have no choice but to pull out of there. >> how big of a setback is it for the united states? >> it is a huge set back to the united states, to europe at large, and also to nato although it is not a nato country because of a potential threat. putin suffer ared a you mailiating defeat when his stooge was run out. and we underestimated his

fervorto do something about that. it was more about russia and the interpretation of what took place. people in the streets could over throw a government and that brings home to him what could happen in russia. we miscalculated and now we have to step up. we are still using rhetoric and diplomacy. and we have to change our policy. it is largely driven by a constandpoint that is part of this administration and that is getting paralyzed of the foreof adverse consequences and here is the foreof escanalation and fear of harming a long- time relationship with russia. we have to change that policy. >> and now we so where we are five and half years later. >> now, listen, putten wants the peninsula. you are convinced he wants

ukraine and the railroad lines and water and gas. does he stop there or not? >> certainly his interest in the practical matter in ukraine. anything that goes in to crimea has to go through eastern ukraun and so certainly he would desire to have ownership of that. whether he moves in the nor term is his calculations. a lot of it has to do with the reaction. and i also believe, he may have interest in modolpha. and he has people in the national security counsel around him are thinking of the weakening of naughto and what else can we do to weaken nato and threaten directly. >> you talk about that reaction. what should the president do now and what are our options and what do you hope he does, general. >> recognize that the relationship with russia is at risk and change the policy and

step up to it. and we know how to do this. denotice russian banking access to our familiar system and european and access to credit and capitol and get tough with the freeze and assets, hundreds of them and deny them access to international and take nato off of the table. don't just send airplanes on the border of russia put troops on the ground and let them participate in exercises. when you commit troops, you commit to political and moral will is on the ground and that is a huge message and much more siignifican significantcant. >> you think our president has the stomach for. that the indication so far he does not. and political and economic and military aid. and heretofore, we have not sewn

anything that demonstrates that resolve sadly to say. ngeneral, thank you. >> jack king, breaking news from ukraine. thank you for your time now. >> always good to talk to you. >> if you think your taxes are complicated, things are getting worse. mass confusion at tax time. >> dealing with radar dead zones. we'll explain why the limits of technology are making the search for the plane that much harder. >> we have great fears for the safety of anyone that might be, might have managed to escape the aircraft in the southern ocean and it remains's big area. it is very hard to search and 300,000 kilometers.

♪ ♪ ♪

>> gretchen, what is up? >> we'll talk to a former pilot who was flying passengers about the missing malaysian jet. what he said about the transponder turned off and big story today. and also the president tells latinos. no information on undocumented relatives. is this a last empty attempt to get more sign ups? and what the president is hoping to accomplish. and the feds raise a store with guns drawn. women and children wered in at the time. the store owner joins us and the latest on the top of the hour. >> looking forward to that. thank you, gena. we'll be watching. >> new warnings of massive confougz at tax time thanks to obama care. all of the requirements under the individual man date can make filing complicated and some people may have to pay more than

they realize. david web is host on sirius and fox news contractor and ja mu green formersident of the women's media. david, i will toss to you first. jamu. this is not what we want to hear that it could be complicated than it already is. >> what it points to. we have incompetence and inadequacy combined and administration and purcrazy and irs. how are americans supposed to file taxes if they don't have a mechanism that matters whether it is legislative end and they know what the laws and penalties are or the irs will process. no one knows what is going on. the danger in 2015. we get through the waiveres and hardship and next year you get

an audit and you could face hundreds and this happeneds in penalties. and those add up over time. americans know this is how it works with the irs. and you have very little hope of fighting them. this is a real problem. >> jamu, let me get you in here. we have a comment from an executive we believe it is going to create massive confusion referring to obama care and saying so much now that confuses people. we think it is getting worse income tax season. your response. lord knows we need a separate tax code separate from the affordable care act. look at the real tax implication. 17 million americans get a tax break. yes, okay, a year from now, there are probably going to be complications here, i am confident that tax experts will

be able to figure it out and issues to be fixed that the administration will do that in the same way they have all along. >> that adds to the complication. i am sorry to speak over you. let me throw in what is making it difficult. change in requirements of the law. and now questions about those that were involved in the glitches earlier on if they are going to get an extension beyond the march 31st deadline. it is hard for everyone to keep track of everything right now. >> it is. i totally get it. and just like with social security and medicare. implementation of a large program that we are dealing with, there are going to be ups and downs and i am confident and we should be confident that tax experts are going to fix it. we should simplify the code over

all. we can't go back to the time where programiums were rising. >> okay. come on, we will put it this way. gehmu. i know you want to basketball that. that is -- she is waivering off the real issue. it is how you process through the system. whether a business or s cooper or whatever you foil. you have to tie in how you get the information whether it is from oregon which is a effect and maryland under the federal investigation and their state website and all of the information has to beoused to prove that the irs can come after you and penalize you. and byes way. let me finish. >> and let me finish. jehmu. and let me finish.

>> finish your point, david. >> she talks about 17 million who get a tax break. a lot of that is subsidies that are paid for by other taxpayer dollars. so it is not a tax break for america. and it is tax dollars and she wants to stay on this unicorn and fairy- like principle. we are dealing with reality here. it means that every american want to know. >> the last word. please. >> i am not sure what fairies and unicorns david is talking b. let me finish. they will be paying higher. but before the affordable care act we are paying higher prem yups for the uninsured. >> we are talking about tax breaks and not premiums. >> on topec. you can't prove how many people

signed up versus how many have coverage. >> we thank you both for. it david and jehmu thank you. >> we only have an hour and it is not a telethon. we'll talk to you. >> it is a sentiment felt like you. >> he you smitty? >> he may have. he may have. >> in a moment of stunner in a courtroom here in new york city, osama bin laden's son-in-law unexpectedly takes the stand a moment ago what he said that bin laden told him on september 11th. >> plus the agonizing search for flight 370, the limits on today's airline technology that is hindering the search. and we have this. >> careening off the road within inches of a police officer on the side of the road and now we know what sent it airborne. >> we just had another vehicle. [ male announcer ] alka seltzer plus presents the cold truth. [ coughs, sneeze]

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osama bin laden's son-in-law happening right here in new york city. former al qaeda spokesman telling the jury he met with bin laden the night of september 11th. jonathan hunt has more on this bombshell testimony that, again, was not expected. >> not at all expected. this was a very surprising appearance and thus far has been a fascinating one. abu ghaith looking relaxed, in a blue shirt, speaking through an interpreter. he told the court he met osama bin laden having been summoned to a cave in afghanistan on the night of the 9/11 attacks. he says bin laden told him, did you learn what happened? we are the ones who did it.

abu ghaith says he told al qaeda leader america, quote, will not settle until it kills you. bin laden then said to abu ghaith he wanted him to deliver a message to the world. he, of course, did deliver that message by, a videotapes including one in which he warned the united states, quote, the storm of airplanes will not abate. abu ghaith denies he had any prior knowledge of the 9/11 attacks. he was asked that and said, quote, specifically, no, i didn't have any idea. he denies all charges. he denies all charges he conspired to kill americans. this testimony has energized everybody in that courtroom as you can imagine, bill. >> jonathan, thank you. quick work on that. jonathan hunt live on the testimony and more, which is

very difficult to the families listening, especially in this area. jonathan, thank you. workers at a disney restaurant rushed to save fish after the tank burst. we were wondering. >> we were wondering what you think is fishy? >> it is lent. fish on fridays if you want to go there. >> i didn't think about that. we've got your tweets we're going to share with you. when you have diabetes like i do,

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we were wondering, america, what's fishy to you? >> the lost airplane, crimea, obama care, global warming. >> all of it. lauren says tuna.

>> triple 7 missing so long and no one has a clue. now that is fishy. you would be right about that. >> thanks for watching, everyone, and thanks for having me. i'm sandra smith. >> i'm bill hammer. we're going fishing. jenna in for gretchen on "the real story." >> thanks to you, bill, sandra. the mystery of flight 370, cracking what could be another clue. >> malaysian officials scrambling to discover data deleted from home simulator. they say someone wiped files sometime in the last month or so and that missing data may help explain what happened to the boeing 777 and the 239 people on board. in the meantime the families of the missing are simply losing patience.