word tonight. if you know what this means, you're good. vootery. thank you for joining us, the spin stops here, we're looking out for you. breaking tonight, australia's search for the missing malaysia airlines plane just called today due to bad weather. while around tell world the questions are mounting. in the wake of the prime minister of malaysia insisting today that flight 370 went down in the sea with no survivors. welcome to "the kelly file," everybody, i'm megyn kelly, hours ago, malaysia's prime minister devastated family members declares once and for all that flight 370 crashed into the end ocean. there were lots of questions he did not answer, but here is somewhere of what he did say. >> flight 370 flew along the

southern corridor. and the launched position was in the middle of the end ocean west of perth. this is a remote location. it is therefore, with deep sadness and regret that i must inform you that according to this new data like -- flight mh 370 ended in the southern indian ocean. >> among the unanswered questions, what about the reports a mystery woman using a disposable pre-paid cell phone called the captain moments before takeoff? is this confirmed? if so who was she?

what did they discuss? also the questions about the captain's family. we have reports tonight that his wife from whom he was estranged but still living, has not yet been questioned in any detail and wait until you hear why. they were still living together. she must have information on him, why on earth would they skip a detailed interrogation of her? and now the fbi will reportedly question this woman about him more than two weeks into this investigation. also, what about the prime minister's comments that all hope is really lost now? is it? we'll speak tonight with the satellite company that tracked this plane and get its take. just last week they were telling me they didn't know if it went to the north or south. now today, they are certain. and today's news greeted with anguish and anger from family members of the passengers many of whom are not convinced that the malaysian authorities are telling the truth. take a look at what unfolded

earlier today. and they are not alone in the questioning, sources telling fox news the fbi cannot corroborate what the malaysian leader is saying. plus, there is the issue of the capta captain's personal flight simulator. so far we do not know what the fbi has learned from it but according to a report in the u.k.'s daily mail, the mail reports they suspect it may have been buried in an elaborate process to cover the use eruser tracks. and then there are questions about the cargo which malaysia seems unwilling to share. it would help the search teams

know what objects they should be looking for in the water. a lot to get to tonight, but we begin with congressman peter king, a chairman of the subcommittee on intelligence, and serves on the select committee on intelligence goiod to see you. >> we have a situation now where they did not question the pilot's estranged wife because apparently under malaysian culture that is considered inappropriate if she is grieve, and indeed she may be. but we need answers on the pilot's state of mind. the malaysian government said there were no controversial batteries on board, and now we find out there were. a fact about which they deceived us, and on the information goes. your reaction by the definitive statement by the malaysian government that the jet went down in the end ocean, period, end of report. >> well, from day one, megyn, the conduct and tactics of the

malaysian government have been inept and many ways disgraceful and inexcusable. it took a week to begin the investigation of the pilot and co-pilot, when in any other country that would have been the first thing you would have done. and now, they have not questioned the estranged wife, she would have been the most logical person to speak to if you're trying to find out what was on the pilot's mind, what could have prompted him to take a suicidal or terrorist action. as far as what the malaysians said today, i mean, i felt for a while, the evidence seemed to say that the plane had gone down, but there is nothing definitive or more than yesterday or the day before other than the report by the british company, and my understanding is they have not gone anywhere near as far as where the malaysian repla representative did.

i think he wars doing it to get as much attention away from them, and malaysia has done a terrible job, from day one even the fact they knew the plane had gone off course, had done a dramatic detour. they waited four days to tell anybody that, as search parties were going east instead of south. >> well, that is the question of whether we're being misdirected by the malaysian authority. they knew that the plane had gone west but took four, almost five days before they told everybody that and redirected the search, why did they do that? we found out there were batteries on board. why didn't they question the wife of the captain in ernest? because malaysian culture, over 200 people are possibly dead. there is a question about whether or not we should trust these authorities, but the question for you as somebody on the intel committee, and somebody who gets briefed, what did our fbi believe? what is your information? because we are being told that the fbi is waving people off the

statement saying there is no certainty yet? >> well, again, only the fbi and cia have said in other parts of the intelligence apparatus that there are no links to terrorism found yet. they're not making any of the other conclusions, our government is certainly not ready to say that the plane has definitely gone down. my understanding is that the fbi finally has been asked to assist malaysia as far as going through the pilot's simulator. but again, that took so long to ask for the fbi or any international intelligence agency, other national intelligence agency or investigative organization to get involved. no way is our government saying that this is definitive. and i don't know what could have justified the prime minister doing that today other than to deflect some of this criticism he has been getting particularly from the families and chinese and actual all over the world. >> well, how do we get to the bottom of this? because even if the plane went down in the indian ocean that

begs the question of how it happened and whether somebody took control of the plane. somebody on board the aircraft, one of the captains, you know, who did it? how did it get there? was it a mechanical malfunction or something more nefarious. and now you know these reports about a cell phone, and pre-paid cell phone, in malaysia if you get a pre-paid cell phone you have to get an id. they say now it was a false id used to purchase the cell phone that called the captain two minutes before he took off on this plane. how do we get into that? is that worth pursuing, and can the fbi get involved? >> they can only get involved if they're invited to and asked to. we should put as much pressure on the malaysian government as much as possible to say we do want to get involved. there were three americans on board who were killed. this is international victims here. and malaysia can't continue to be like the keystone cops.

because all the questions you're raising, megyn are what any day to day detective in any major american city would have been looking into from day one. usually maybe nine out of ten of these rumors or stories turn out not to be entirely accurate. but two of them work out, and that is how cases are solved. every day that goes by without a full authnd thorough investigat, is going to make it harder especially if the black box is never found. the only way we're going to find out is through intelligence. >> congressman pete king, good to see you. >> thank you, megyn, good to see you. >> we mentioned a moment ago there was reportedly a phone call between the captain of the plane and some unidentified woman, a two-minute call shortly before takeoff using a mobile phone obtained using a false identity. and trace gallagher has more on that. >> and congressman king makes a good point because there is more

conflicting information coming out of malaysia, there were two british newspapers, the sun and the daily, reporting that two minutes before that plane took off, the captain, shah, made a phone call, the call was traced to a shop in kuala lumpur that sells sim cards. that raises alarms because terrorist groups are well known for using fraudulent cell phones. then they confirmed there was an international investigation into the captain's cell phone call. but today police are now saying there is no investigation because they have no information about any phone call. and they would appreciate the newspapers forwarding them any information they have. it is unscleer if the newspapcl are going to comply. as for the flight simulators in the captain's home, yes, they were analyzed, the fbi is

looking at them. they have released zero information about them and there is no word when they will. there is more focus on the 27-year-old co-pilot, hamid fariq, and whether he was ready to fly. malaysia airlines says he was qualified to fly. listen. >> we do not see any problem with him, okay? so he is actually on the flight that doesn't require a check. you must realize he is flying with an examiner. he is not flying with anybody less than an examiner. the captain is a triple 7 examiner. >> finally, as for the 440 pounds of lithium batteries on the flight, malaysia airlines says they were secured and there is no evidence of them exploding in any capacity. >> all right, trace, thank you, so what about suggestions that malaysia is not telling the whole truth? what is the story of this government. and why would somebody mislead

on this case? ambassador john bolton has interesting thoughts on that next. plus, the heart of this investigation, speaking out tonight on "the kelly file." what they are now saying about this plane and the prime minister's comments this morning. i will press the executive on how sure they are on the conclusion. also ahead we'll take a look at a religious freedom case. what is at stake and who could be affected? and later we'll look at justice beginginsburg, and demo who are worried about making a change on the high courts, pushing for it in fact before the mid-terms. why? >> if i were somebody who wanted justice ginsburg to retire i wouldn't be writing in the papers that she ought to. she didn't get where she is by doing what she is told. network for $175 a month? yup. all 5 of you for $175. our clients need a lot of attention. there's unlimited talk and text.

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ended in the southern indian ocean. >> ambassador john bolton is the former u.s. ambassador to the united nations. good to see you, so what reason would there be for the prime minister to want to push people toward the conclusion that it went into the sea and this thing is over? >> well, i think it is a huge risk for malaysia to put their prime minister out there to say this is the definitive answer. so i think they believe that they know what the end of the flight was, as he said. using the inmarsat data, whatever limited credibility malaysia still has left would be utterly shredded now if the highest official, the prime minister, turned out to be wrong. i think this is right. >> but what if this is a cultural issue, in part this is

a state airline. and somebody who knows the airline well wrote a piece saying this is a national flag carrier, a symbol of its home aspirations as an asian tiger. and they talked about how in some instances they showed a culture of fear and whispering, and one in which speaking plain truth is not always encouraged. so people wonder if they're giving us the straight scoop. >> right, unlike with our federal government, the straight talking is always incurred. i think there is a lot of reason to be concerned about embarrassment, humiliation and shame on the parts of the malaysian government. they were over their heads from the outset of this investigation. they didn't have the confidence to handle it. i think they kept hoping something would turn up. they would find the plane and it wouldn't be the tragedy it turned out to be possibly. that led them to not call people, the united states for example, because it would have been an admission of weakness. is that malaysian culture or

human nature, you can argue about that. but i think that is what was at work. >> and the asiana flight that went down a couple of years ago in california. they looked into this. it was well documented with korean culture, they talked about how the junior pilot didn't question the senior, because their culture makes it too difficult to make a go-around, and they were just too deferential. that happened in a couple of crashes and they tried to regulate it through intervention. i don't know if they think that shame, they feel it might reflect malaysia in a way here in the united states wouldn't necessarily feel that well if a bad actor caused harm in one of our airplanes. >> well, i think it is a matter of national pride. i'm not sure it has anything more to do with malaysian culture than it would for the

pride of any other third world country. i think there was an element of anti-americanism, as well. because they knew to call in the fbi or other agencies, but they knew it would be a flat-out admission, they didn't do it. couldn't handle it. that turned out to be a time loss and leads loss. i wouldn't over-stress the culture point, what i would stress is incompetence. >> well, the question is, if this jet went down, how and why. thank you. >> thank you. and as you might examinpecte reaction from the families was heart-wrenching. we'll show you the stunning

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>> emotional and angry reaction from family members after hearing from malaysia's prime minister that flight 370 ended and crashed into the indian ocean. all of this without having any wreckage to prove it. but after the initial reaction the families did something you don't often see. trace gallagher has more on that from our west coast bureau,

trace? >> and can you imagine, megyn, for two weeks these people have gotten no information largely and misinformation. and now malaysia airlines has decided to come out and say the plane has crashed in the indian ocean and their loved ones are gone. they do it mostly by text message without offering concrete proof. when the malaysian prime minister held the news conference the families were hysterically crying and screaming. here is some of what happened. watch this. and he went on to say they don't believe the malaysian authorities, and they think the malaysian government is hiding something. some families of chinese passengers issued a statement calling the malaysian government murderers. listen. >> malaysian airlines, the malaysian government and the malaysian military are the true murderers of our family members. >> the girlfriend of american

passenger philip wood has now stopped talking. she was supposed to appear on "the kelly file" tomorrow night but says she now needs to regroup sending us an e-mail that reads in part, quoting here, the announcement is on data only, no confirmed wreckage so no real closure, i need closure to be certain but cannot keep up with public efforts against all odds. i still feel his presence so perhaps it was his soul all along. philip's brother did speak out saying he believes the plane has crashed but he is very bothered by a lack of proof, here he is. >> we may never have him to bury or -- but, you know, i -- i would like something like that. i would like to know, you know, that we have something like that. >> they all want answers, of course. the search is delayed again which means they wait. megyn? >> you have to feel for those

families, perhaps it was his soul all along that was with her, trace, thank you. also tonight, a little later there is a big religious freedom case in front of the u.s. supreme court tomorrow, and i do mean big. judge napolitano is just ahead on what is at stake and what to expect here. plus, we'll speak next with the satellite company that says it tracked the missing malaysian airlines plane that ruled out any trip to pakistan, any northern track. is all hope really lost? wait until you hear what they tell me. [ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity, the next... not so much. but that's okay. you're covered with great ideas like optional better car replacement

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was a truly amazing day.ey, without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com back now to our top story, earlier today malaysia's prime

minister said data provided from the satellite company, inmarsat, concluded that the missing jet could only have gone south with its last known position in the southern indian ocean. malaysia's prime minister said that that means this jet crashed in that spot. but how sure are we of that alleged fact? chris mclaughlin joins me again, good to see you on such an important day that is based so much on what your company has done. let me start with this. how confident are you that this jet crashed in the southern indian ocean? >> we have been looking at the data the last six or seven days comparing it with other malaysian triple 7 flights that are on our network, and with other aircraft. and we can rule out the northern pathway because none of the pings that we got, that we gave to the investigation on the 11th match with the northern route. but they very much match with

the projected southern route. the match is pretty much in escapable. >> okay, but as i listen to you, you're saying last week you told me we had a northern track and southern track and what we did was rule out the northern track. but the malaysian prime minister went farther than that and said to people today that this jet, flight 370, ended in the indian ocean. how confident are you in that statement? >> well, it is a combination of information that the prime minister had. i mean, we can say that the southern path is the one that is being borne out by the network information even more so than last time we spoke. he will have further information. and of course we have the reality the plane had a range of about 7 and a half hours flying time. if you take the southern route, that takes you down to the worst seas and combination of the southern ocean. >> uh-huh, so do you believe

that all hope is lost? >> i would like to have some hope for the many families involved. certainly everybody involved is very saddened by what appears to be a reality. we'll only know when wreckage is found and that search will continue when first light comes in. and i know that there will be a lot of effort by multiple nations. >> so when you say that, and i'm not trying to you know, press you. the odds of course appear to be that this plane met with a terrible end. but there are people out there who know what the odds are but are still waiting to find out what the cold hard facts and evidence are. and it seems like when i listen to you you're leaving some room open. you can't say definitively that it went down. you're saying that our best information is that it probably did but we can't say definitively until we see wreckage. >> i'm probably being very english about this, but the truth is the plane had a range of seven and a half hours, the

seven half in ohours if you go the indian ocean, takes it there. obviously we need proof, because the families who are grieving want to believe. you know, we don't want to be the people who have set them up into their grief and suddenly discover a miracle has taken place. but i really don't see a miracle at this point. this is so many days later. this is so clear that the southern path was followed. >> in part it comes down to how certain you are, your company, that the jet did turn west. that it crossed back over malaysia and that it went south into the end ocean. some respected pilots are out there saying they don't trust this data or the satellite information. they're not totally sure you had the right plane and that this plane may well have gone down in the eastern part of malaysia or may have either landed or crashed over land someplace in malaysia. do you keep any hope open for either of those possibilities? >> no. >> why not? >> i have read some of the

e-mail e-mails that have come through. there is no morning flight path ping that shows it went to the north. the southern path is the one the radar data shows the turn over the end of the island and the southern turn to the south. i'm not an expert on any of those, but no, i don't hold out any hope for any northern path. >> and for those who believe the jet may have been stolen parked in afghanistan, or kazakhstan, or somewhere in the northwest, you say what? >> i would love to hold out hope for families. but that plane went south. >> chris, thank you so much for being here. >> thank you for your in have invitation. >> all the best to you. well, dan murphy is live for our sister station sky news, dan? >> reporter: well, megyn, the search operation has been

suspended because of poor weather in the search zone, hello to you, the maritime agency is predicting a zone with up to four meters in the search zone, there is also prediction of very gusty winds, up to 80 kilometers an hour, also poor visibility with very low-lying clouds. i can also tell you the australian's defense vessel has been forced to track south. it is now currently moving away from the bad weather, away from the search zone and hoping to return obviously when conditions improve. of course the focus of today's operations would have been to attempt to recover debris and also to attempt to conduct surveillance around the area. the weather in the area is expected to improve later on this evening and also in the coming days. the australian maritime safety very keen in continuing the search as soon as possible.

thank you. >> i want to bring in our panel of experts, robert mark is a fox news consultant. and we have an expert on the boeing triple 7. and john lucic is a licensed pilot and a former new jersey state criminal investigator. rob, let me start with you. do you believe this jet is in the end ocean? >> well, i think i believe the senior vp from inmarsat more than anything i believe that comes from the malaysian government. i think perhaps if the malaysian government said we have been in contact with inmarsat. we are satisfied with the results of the testing they have run, and now we believe that perhaps the airplane is lost. perhaps i would have believed them. but my gut is that we're not going to find this airplane in one piece. >> okay. so here is the question. let me bring this one john. where is the wreckage? where was the distress call? and where is the elt? right, the emergency locating

transmitter which goes off when the plane hits water or apparently when it slows down. right, when it decelerates, what happened? >> all great questions, people being dragged away, calling the government liars and murderers. all of this, they want to shut this down, they want everybody to go home and get rid of the reporters. because this has been a nightmare, not only in the media but politically for these people. it was just a week ago they said the airplane went that way. now they're telling us we definitively know it went in the same direction. it is the same data. the airplane has not been flying. >> it is not the same because the satellite executive is saying that they refined the data and ran different calculations. >> it is the same data refined differently. new data is not coming in from

the airplane. i totally understand what they said they're doing. it is still the same data. why didn't they do it a long time ago. the one thing that bothers me about this type of resolution, you can see it is leading to even more frustration and anger is that inmarsat has provided these people with information that is not conclusive. and -- >> if they would have just stuck to what they had been told by inmarsat, it would have been more credible. >> if you can get any lower. >> do you believe that this is still a criminal investigation, or do you believe that this remains sort of a generic investigation in which mechanical failure is the most likely outcome? >> well, i felt from really day two this is more likely a criminal investigation. the reason for that is you take a look at what did not happen. you don't have any distress calls. you don't have an indication of a depressurization, of a fire on

board. any engine failure. all the communications equipment was apparently turned off. you have five radios, the two transponders, to acars, the odds of that failing at the same time absent a catastrophic event has got to be very, very long. because boeing designs this airplane to be redundant and to separate the electronics so that you don't have a multiple failure at one time. >> and then on top of it the plane under this theory would have had to fly another five, six, seven hours crippled in that way after the catastrophic failure so devastating, that checked on the systems but allowed the plane to fly. possible, in your experience? >> no, it is not. with the people who bring up the idea of the lithium battery catching fire or any other fire, air bus in 2012 did a study that a fire will go out of control in eight minutes and have to be on the ground in 15, or the

implication is it will lose the airplane. the triple 7 has good fire and smoke detectors in every baggage compartment as well as the electronics bay. the pilots would have had plenty of warning about a smoldering fire. they would have had plenty of opportunity to issue a distress call. that did not happen. >> didn't happen. rob, let me ask you. for me, the thing i get tripped up on just as an attorney looking at it, the coincidence of within two minutes of signing off to air traffic control and leaving malaysian air space entering vietnam air space but sort of within the dark there, within two minutes all of these systems fail to the point these guys just can't get off any distress call. not knowing anything about flying that just seems like an extraordinary coincidence. >> oh, absolutely it does. and that is the problem with this entire investigation from

the get-go. is that we have a number of theories and every time we get two or three points down a particular theory somebody else comes up and says yeah, but you know what? this doesn't fit. and then you go, you're right. it doesn't. and then we realize maybe it is something else. or maybe it is some combination of something that we're not thinking about. the lithium ion battery issue, i realize what the gentleman said is true about the fire. but you know, 450 pounds of lithium ion batteries? that is an incredible load of batteries on a civilian passenger airplane. we wouldn't do that here in the states. but does that mean anything? we don't know yet. >> they told us they were not on there initially and then four days they come on and reverse it. so that raises everybody's spidey sense. and up next, wait until you hear this, a freak out in the

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in advance, and now he predicts that the republicans will likely gain control of the senate. this as some are urging justice ginsburg to retire now before the democrats potentially lose control of the senate. >> the strategic move right now is to step aside, let someone else who is younger and who would be confident, reasonably confident to remain on the court no matter how long it takes until the next democrat is elected. >> joining us -- >> none of us would want to be told you're too old, get the hell out of here. >> joining us now, former speech writer to president george w. bush and a fellow at the american enterprise institute. so mark, suddenly, the democrats at least the fundraising democrats don't believe in nate silver as much as they did before? >> yeah, he was pretty much

clarevoyant, saying once again, he nail eed it. now they're saying well, he sometimes gets things wrong. >> that is actually right, they were touting him. and now after that one prediction, oh, nate who? he is hit or miss. >> absolutely, they're panicking for two reasons, one, they know he is probably right and two there is almost nothing they can do about it. the reason is this, one of the reasons nate silver says that the senate will go republican is because the republican base is energized. and the liberal base is not. what they have to do is embrace obamacare, fight for it and double down on it. if they do that, that is exactly what they will do to alienate all the independents, if they want to win the independents

they have to all -- aow-- aliene base. >> they are saying what you have to do is get ruth ginsburg off the court. they want her gone because they think it will be easier to confirm her successor right now while the democrats control the senate. your thoughts on that? >> well, you know, remember a few years ago when the democrats put up an ad of paul ryan taking an old lady in the wheelchair, pushing her off the cliff? well, now that is what they're trying to do. they're basically saying to her, look lady you're probably going to die at an inopportune time, so why don't you just quit? >> they're not saying she is going to die, but to take it easy soon. >> they're panicking they're going to lose control of the

senate, because if they lose control of the senate they lose control of her ability to control her successor. >> even if she listened to them and you heard the sound bites earlier. she hears something like that, she is probably going to say to you, i'm staying extra long. even if you think justice ginsburg takes her marching orders from the far left and she retires, couldn't the republicans slow down the process enough to kick it past november? >> oh, of course they could. well, first of all from her mind she is 81 years old. justice briar served until he was 90. she probably thinks she has another good ten years on the court so why would she step down? >> justice brian -- you mean justice stevens, he is lalso getting pressure to leave. he is telling anybody over the age of 75 they might consider going, to replace it with

somebody younger, boy, i don't like to think about what they would do in the public sector. good to see you. up next, a big religious freedom case going in front of the supreme court tomorrow. judge napolitano is next with what to expect and how it could change america. plus, stay with us for continuing coverage on all the developments of the search for the missing flight 370. there will be a press conference coming up in about two hours, right here. nstead of mailing eve my vacation photos, i'm saving a ton of time by posting them to my wall. oh, i like that one. it's so quick! it's just like my car insurance. i saved 15% in just 15 minutes. i saved more than that in half the time. i unfriend you. that's not how it works. that's not how any of this works. [ male announcer ] 15 minutes for auote isn't how it works anymore. with esurance, 7 1/2 minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call. welcome to the modern world.

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. and breaking tonight, 14 people are dead after a massive mudslide hit washington state north of seattle. officials just held a news conference saying there were no signs of survivors, more than

100 people are still unaccounted for. well, the u.s. supreme court is set to hear arguments tomorrow morning on a case that could prove to be groundbreaking on the issue of religious freedom. fox news senior judicial analyst judge napolitano is with me, what is this about? hobby lobby? >> well, there are two cases, one from denver, and they have to do with whether or not governments can force corporations to pay for contraceptive services for their employees. as everybody knows, the affordable care act requires anybody that employs more than 50 people to provide for contraceptive services, that means contraception, euthanasia, and abortion, one such entity, the catholic church says we don't spend our money this way, that is not part of our religion, we don't do it.

one, does a corporation have religious protection under the first amendmentt organizations have that? >> and the question is, the organizations get exemption, but the question is do the churches? >> and can the religious views of the shareholders of the corporation trump federal law? if the supreme court rules yes on both cases, this is a significant gutting, gutting of the affordable care act. if the supreme court rules no, the government will have free range to tell corporations what they must do, irrespective of their political opinions. this is a profound case. >> how do you see it likely coming out? because there was a split in the circuit, one way, one the other, that is why the supreme court took it. >> my feeling is the supreme court will rule in favor of the free religious liberties of the shareholders of the corporation. >> so then what happens to the women who want free, quote,

birth control, in those corporations? >> they will have to get it and it will have to be paid by some source other than their bosses. this is not to say women are not entitled to contraceptive services? >> just hobby lobby would not have to pay for it. by the government, he means you. >> well, right, right. >> i know. >> people like you and me, irrespective of what our religious beliefs are, end up paying for the stuff. >> good to see you. y. up late. thinking up game-changing ideas, like this: dozens of tax free zones across new york state. move here. expand here. or start a new business here... and pay no taxes for 10 years. with new jobs, new opportunities and a new tax free plan. there's only one way for your business to go. up. find out if your business can qualify at start-upny.com

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. thank you for joining us, everybody, this is "the kelly file file". inmarsat and the aaib have conclusi concluded that mh 370 flew along the southern corridor and that its last position was in the middle of the indian ocean west of perth. according to this new data flight mh 370