word tonight. if you know what this means, you're good. vootery. thank you for joining us, the spin stops here, we're looking

this is a remote location. it is therefore with deep sadness that and regret that i must inform you that according to this new data, flight 370 ended up in the indian ocean >> among questions what about the reports of a mystery woman using a disposable prepaid cell phone, called the captain moments before takeoff. is this confirmed? who was she? 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. why on earth would they skip a detailed interrogation of her? the fbi will reportedly question this woman about him. more than two weeks into this investigation. also, what about the prime minister's comment that all hope is really lost now. is it? we'll speak with the satellite company that tracked to plane ke. they're telling me they didn't know if it went north or south, now, today it's definite the news greeted with anguish and anger from family members of the passengers many are not convinced that the mallash wrin authorities are telling the truth. take a look at what unfolded

earlier today. >> they're not alone in questioning. sources telling fox news the fbi cannot corroborate what the malaysian leader is saying. and there is the issue of the captain's personal flight simulator. according to a report in the uk daily mail, hard drive flown to an fbi laugh after malaysian investigators failed to retrieve deleted files themselves the mail reports they suspect may is been buried in an elaborate process to cover the user's tracks then, there are questions about the cargo manifest which malaysia seems unwilling to share. experts say there is no reason they won't hand over that information unless there is something to hide, especially if

it would let search teams know what objects they should be looking for in the water, we begin with peter king chairman of the subcommittee on counter terrorism and intelligence. good to see you, congressman. we have a situation now we did not question that pilot's estranged wife because under malaysian culture she may be grieving she may be, but 239 people are missing. we have a situation with the malaysian government said this were no controversial batteries on board now, we find out there were. a fact about which they deceived us. on the information goes your reaction to this statement that this jet went down in the indian ocean. period, end of report. >> from day one, time conduct

and tactics of the malaysian government have been inept and inexcusable. it took them a week to begin the investigation into the pilot and co-pilot when any other country that would have been the first area you would have looked now we find out haven't looked at the wife of the pilot. there is estrangement between the two. she'd be the most-logical person to speak to if-to-find out what could have prompted him to take awe suicidal or terrorist action. as far as what the malaysians felt today sh i felt the plane had gone down but there is nothing definite other than the report from the british company. my understanding they have to the gone as far as as the malaysian prime minister. i think he was doing that to try to get attention away from the fact malaysia has done a

terrible job the fact they knew the plane had gone off course, they waited four days to tell anyone. that search part wrez were going east instead of south. >> that is the question. whether we're being misdirected by the malaysian authorities they knew four days prior the plane had gone west but they took four, almost five days before they told everybody that and redirected the search. why did they do that? why did they tell us no batteries on board? why did they they not question the wife of the captain? 239 people are dead have you to investigate. possibly being held someplace there is a question whether we should trust these authorities but the question for you, sir s is, as someone who gets briefed what did our fbi believe? we're being told the fbi is waving people off saying there

is no certainty yet. >> well, again, all the fbi and cia have said and intelligence is is that there are no links to terrorism yet. not ready to say the plane has definitely gone down my understanding is that fbi has been asked to assist malaysia as far as going through the pilot simulator but again that took so long to ask for the fbi or any international intelligence agency or investigative agency to get involved. no. we're, in no way is our government saying this is definitive. i don't know what could have justify that had other than to deflect this criticism he's been getting. especially from families and all over the world oochl how do we get to the bottom of this? if the plane did go down in the indian ocean that begs the question of how that happened?

whether someone did take control of the plane. someone on board the aircraft, one of the captains whoshg did it? was something more nefarious. now, reports about an alleged cell phone, a prepaid cell phone. in malaysia you have to give an id. now they're saying waits falsism d used to purchase this cell phone that called the captain how do we look into that? is k.our fbi pursue? >> everything is worth pursuing. fbi can only get involved in malaysia if invited tochlt i think we should put pressure on the malaysian government and say we do want to get involved. three americans were killed this is international victims here. and malaysia can't continue to be key stone cops

the questions you're raising are what every day to day detective would be looking into from day one. this is the type of things they should have been on to from the start. nine out of the ten stories turning out not to be accurate. if 1 or 2 work out, every day that goes by there is a thorough investigation going to make it harder to find out if the black box is never found. other way by investigation by going through intelligence. >> congressman pete king, good to see you. >> megyn good to see you, thank you. >> we mentioned there was a mystery phone call between the captain of the plane and an unidentified woman using a mobile phone obtained under a false identity. trace? >> congressman king makes a good point. there is more conflicting information. remember, two british newspapers

sun ask daily mail reported just before flight 370 took off, the captain made a phone call and the call was made to a prepaid phone purchased using a phony id and traced to a shop in kuala lumpur that sells sim cards. that raised alarms because terror groups are well known for using fraudulent cell phones then a malaysian newspaper reported ceo of malaysia air confirmed there was an international investigation into the captain's cell phone call, today, police are 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's unclear if newspapers are going to comply as for deleted files on the homemade flight simulator, yes. they were examined to virginia and now, the fbi is looking at

them. they have released 0 information there is no word whether they will, but there is focus on the 27-year-old co-pilot, whether he was ready to fly the triple p. malaysia air says he was qualified listen. >> we did not see any problem with it. and so he is actually on the sixth flight which doesn't require a check co-pilot. you must realize he's flying with an examiner, not with anyone less. the captain is a triple seven examiner. >> as for 440 pounds of lithium batteries malaysian air says they were secured and there is no evidence of them exploding. >> trace, thank you. >> so what about suggestions that malaysia is not telling the whole truth here? what is the story? why, why as some believe would it mislead in this case?

ambassador john bolton has interesting thoughts next on that the satellite company at the heart of the investigation speaks out tonight on "the kelly file". what they're saying about the plane and the prime minister's comments this morning. i will press the executive. also taking a look at a big religious freedom in front of the supreme court. what is at stake? who could be affected? and later taking a look at justice ginzberg and worried about a change on the high court before the mid term. why? >> i f.i were someone that wanted justice ginzberg to retire i won't be writing in the papers she ought to. she didn't get where she is by doing what she's told. ally? so our business can be on at&t's 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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breaking tonight, malaysia's prime minister immediately facing sceptics after telling people that the search for the passengers are over. here, they say the plane crashed thousands of miles off australia. >> it is therefore with deep sadness and regret that i must inform you that flight hm 370

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 instan this is a fox news arert in los angeles we're good b.to go live to the royal australian air base just north of perth australia. david johnson about to hold a news conpresence at this moment. following a gruelling day for malaysian officials and those who lost loved ones on flight 370. we go there live now to listen in. >> today i'm here to speak to the crews, and the maintainers of the magnificent aircraft

behind me. i want to take the opportunity to thank all of the crews, and all of the teams that came. it's a four-hour trip down there. and four hours home. this is a remote part of the world. it's 3500 meters deep. 2500 kilo meters from earth. it's a massive exercise. there are four australian three 3, two illusions from china. and what else have i missed? p 3 coming from core rea. there is a c 130 h. i want to take the opportunity to thank those countries for their assistance and commitment. i've just had lunch with chinese and japanese teams, they're working long hours to keep aircraft flying and crews up to

the minute in terms of enthusiasm. it's been a long, hard road two weeks in. you know we've got a sea state seven down there. had to deploy south to avoid for those of who would understand, horrendous weather conditions this, is a major operation i say the prime minister has, today, announced that these will be waived for families of the passengers and crew we'll be pleased to welcome them hire to give them closure in what is an extreme tragedy for them. i come back to the fact that this is an amazing example of int international and we're pleased to host chinese and japanese and koreans new zealanders and americans into western australia. thank you. >> is there being offed to the

family to the area >> i think logistical operations will need to be taken carefully. it's a major operation. this is, as i say probably one of the most-remote parts of our planet we want to get that right. we want to assist families and friends to have some slow closure. but let's talk about that when we know how many are coming. >> is it clearly now a case of not looking for survivors but debris and looking for black boxes? >> to this point we have not recovered and identified any debris from the aircraft in question. i think if we're goin on that information giving us a hint as to what happened that is

all we've got to go on. i think the satellite, generating on an hourly basis and the performance of the aircraft i think is all we've got to go on. i think we've got to relie on that. that is what we've been doing. >> this lady would like to ask a question. >> thank you very much. did you say you were confident with the prime minister that the fate of 370 ended in the indian ocean? are you confident of that? >> that is the best we've got to this point in time. >> so you're not surprised they made the call last night? >> if i'm not surprised about anything with respoe respoekt -- respect to this. until we recover a piece of debris and identify, this is speculation. when you've got to suspend

operations for 24 hours, these beautiful aircraft are on the ground because it's unsafe to fly down there. remember, this southern ocean ship wrecked many, many sailors in our history in western australia. it's rough. there are to, 30 meter waves it's very dangerous. >> do you -- >> can support the conclusions? >> i will hand over? just a moment to chamber of defense who will tell you everything we have, you know about. and that we're doing everything to first of all make a positive identification on a piece of debris. that will mean we're on the right track. that is not going to happen i would think at least another 24 hours we've had to redeploy our ship given bad weather.

>> the images and photos that the chinese provide? >> i have nothing further to add on that. you've seen all of the information out there. >> i probably wasn't because i was probably traveling on the way back to western australia. the prime minister i'm sure has been informed by the malaysians as and when events have come to pass and have been confirmed. >> are they confident to what they're seeing from the air, yesterday? >> it's easy to speculate being close. close in this part of the world could be several hundred kilo meters. remember we're tooking for aircraft in victoria from perth. that is what we're doing. in the state of victoria from western australia. it's a very, very difficult

task. this deployment you can see behind me is probably one of the largest efforts you'll ever see in joint operations from china, australia, japan, new zealand, united states, etc. >> how urgent is the task given there is 13 days back for the beacon battery to tell you where the black boxes are? >> we not put pilots at right after this sxk have to deal with the location as best we can in terms of weather. it's been inhospitable. the turning point for us will be when we pull some piece of debris from the surface of the ocean and identify it as being part of the aircraft. >> is there information on support that they'll be

providing for families. >> at this stage i don't the prime minister is very, very fixed on assisting malaysia, a very good friend of australia in dealing with the families of the crew and passengers on board this aircraft. we'll do what we can within reason. >> families are not convinced. i'm going to hand over to vice chief of defense who, as you can see with the royal australian air force he's going to tell but some of those oochl if i can put analogy of what we've got out there at the moment we're not searching for a needle in the hay stack. we're trying to define where the hay stack is. you are seeing a multi national effort going on. it's difficult to, in these weather conditions, be able to find small bits of debris that is washing around in the southern indian ocean at the

moment. for safety concerns today, we had to call the efforts off, the search and put success to the south. we're hoping for good weather incoming days where search effort will be voined by a fum of chinese ships we'll have korean p 3 so more aircraft staff to be able to refine the search. >> it's becoming more of a recovery operation than it was before. there are new australian access including ocean shield heading out there. what is it's role? what can it do? >> it will be joining the search incoming days. sailing from sydney. it takes time to come down and around into the search area the aim for her will be working to put specialist equipment on board so as we further refine the search area we might go out and be able to look for black boxes. >> is there collaboration

between nations for the search? >> to put specialist equipment on board as we further refine the search area that we might be able to go out and look for the black boxes >> has there been a collaboration in terms of the search? is it under one umbrella? >> it's been very, very good between nations there has been a lot of cooperation between u.s., uk and australia anna highsing that satellite imagery. it was uk part of the team that first put us into the location that we're now in. refined by more imagery, china. everyone is getting a chance to talk it. it's very, very much collaboration we do that in support of the

lead nations in australia the question is to s.this information being passed to malaysia? the answer is yes. >> evidence that maybe that any [ inaudible ] >> best information we have, we continue to renine fooin information that comes in i haven't seen the report information from british overnight seems to indicate more assurance it went down in the southern indian ocean as you can get more information people get a chance to look at more data we continue to refine the search area. >> how do you do that some >> i won't go into that, those details. it's based on the wreckage before you can climb down to it. >> how much impact is the weather going to have on debris?

>> we drop buoys out there, being able to measure movement of the water well, that will keep a good track on where current debris field should be. but at the moment it's visible by aircraft, then we have to pinpoint and get ships in to pick up. it could be any debris from around the world. we've got to make sure neg we've picked up we can identify, then, we can require the search area. >> inaudible ] >> i won't go into de deal -- details it's highly complex and will take more time than we have here. >> as i said information is being passed quite well between malaysia, australia and nations that are participating in this

search. i'm comfortable all of the information is getting to the people that need it. >> thank you very much. can i just thank all of the nations for their participation in this, this is a highly complex search. it will develop. >> we're going take you live to another press conference in kuala lumpur. in malaysia. we have the chairman and ceo of malaysia airlines we're going join that press conference live in progress. >> based on this evidence the prime minister's message was that we must now accept the fate of reality that the aircraft and none of the passengers or crew on board survived. this is a sad and tragic day for all of us at the airlines.

who are not entirely unsuspected of the intensive search against 4 million square mile area, the news is clearly devastating for the families of those on board. they have waited over two weeks for even the smallest of hope of positive things about their loved ones. this has been an unprecedented event. requiring an unprecedented response. the investigation underway may yet prove to be longer and more complex than it has been since march 8th.

but we will continue to support the families. as we have done throughout. and to support the authorities as the search for answers continues. i will now ask our group representative to provide you with fuller details of our support of the families. >> i stand before you today chief officer of malaysia airlines i wa i want to come to you as a brother and as a son. my heart, there are no words

which can be said. everyone in malaysia airlines, family is praying for these 239 souls on flight 370. for their hoffed ones. we send our prayers. we all feel enormous sorrow and pain. all of those on board flight 370 saturday, 8th of march will not be with their families again. those families will now have to live on without their loved ones. it must be remembered that

[ inaudible ] were hads on board. and let me be very clear on events our sole motivation last night was to ensure the incredibly short amount of time the families heard the tragic news before the world did. whenever humanly possible, we did so with the families all by telephone. using sms as last resort ensuring a thousand family members heard the news if us and not anywhere else. ever since the disappearance,

malaysia airlines focus has been to support and comfort the families of those involved and the multi national search effort. we'll continue to do this. while we also continue to support the work of the investigating thoorts in the southern indian ocean. like everyone else, we're waiting for news from those authorities. we know that there have been increasing number of [ inaudible "identification of debris." but after 13 days announcement made last night and shared with the family is the reality we must face and we now must accept.

when malaysia airlines received approval from investigating authorities arrangements will be made to give families to the recovery area if they so wish. and for that time, we will continue to support the ongoing investigation. and may i express my thanks to the mallash wrin government and all those involved in this truly difficult search effort. in the meantime, malaysia air lines focus will be to stay as it has been from the outset to provide the families with a comprehensive support program through a network of over 700 dedicated care givers for each family. the loved ones and those on board have been provided with

two care givers. and they provide care, support, to the families. we're now supporting over 900 people and in this program and the last hours alone we have trained additional 40 care givers to ensure the families have success around the clock support. in addition, a combination for up to five family members for transportation, meals and other expenses have been provided since # of march. that will continue. malaysia airlines provided initial financial assistance of

$5,000 usd for each next of kin we recognize financial support is not the only consideration. but not to place unnecessary financial strain on the families we're preparing to offer additional payments as the search continues. this unprecedented event in malaysian history made the last 18 days the greatest challenge to face our team at malaysia airlines. i've been humbled by the hard work, by dedication, heart felt messages of concern, and all sorts of support from our remarkable team. we do not know why, we do not

know how. we do not know how this terrible tragedy happened. malaysia airlines 370 we're all praying for the passengers and crew for flight 370. >> i will open the floor a question and answer session. please state your name and position and ask your question. yes i'm from hong kong. actually, since now you've shown sorrow to family members we've heard their shouts and screams.

especially in beijing. up until now, they said you delayed the investigation. did you? and actually, what is the evidence? exact evidence... >> flight 370 crashed into southern region of the indian ocean, all 239 lives on board have been lost. many troubling questions remain, obviously about what went wrong aboard the boeing 777 the jetliner vanished from kuala lumpur to beijing, china march 8th since then an international flotilla have been scouring land and sea for the plane or remnants of it. satellite photos did pick up images of what could be plane debris. we've heard tonight, nothing has been found the search has been suspended due to bad weather. over the southern indian ocean now rejoining, we're seeing

footage here from the australian press conference there from defense ministry there. those owe fishes out, saying they've had to suspend it again due to search, for debris that was, confirming whether or not this was flight 370 that is out in this remote part of the southern indian ocean. these owe fishes telling us they've not been able to identify debris or wreckage thus far and it's probably 24 hours before they're able to do so. the team is 2500 kilo meters 1500 miles from the site of the debris to perth. we also heard from officials at malaysia airlines there. talking about this being an unprecedented event saying the investigation may be longer and more complex than it has been since it began 18 days ago after flight 370 took off and

disappeared. ceos saying they did not know why or how this happened but are praying for the passenger asks crew of flight 370. we now rejoin "the kelly files". 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.

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described as a democracy party freakout after a big prediction from poll watcher nate silver. who nailed the 2012 predictions

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 freedom fight. stay with us for all the developments in the search for missing flight 370. there's going to be a press conference from the malaysian government coming up in about two hours, right here. ce coming up in about two h huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know pinocchio was a bad motivational speaker? i look around this room and i see nothing but untapped potential. you have potential. you have...oh boy. geico. fifteen minutes could save you fifteen percent or more on car insurance.

. and br and breaking tonight, 14 people are dead after a massive mud slide hit in washington state just north of seattle. more than 100 people are still unaccounted for.

more on that. well, the u.s. supreme court is set to hear arguments tomorrow morning on a case that could be groundbreaking on the issue of religious freedom. judge napolitano is with me. what's this about hobby lobby? >> there are two cases. and each went the other way. and they have to do with whether the government can force corporations to pay for contraceptive services for their employees. as everybody knows, the affordable care act requires anybody who employs 50 or more people to provide health care for them that includes contraceptive services. that means contraception, euthanasia and abortion. so you have two corporations, one catholic, one fundamental christian who says we don't support this, we don't spend our money this way. we're not going to do it.

does the corporation have religious protection under the first amindment or do just individuals have that. >> they want to know if corporations are like churches in that way. >> and two, if so, 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 this coming out. there is a split in the lower circuit. >> my opinion is the supreme court is going to rule in favor of the free religious liberties of the shareholders of the corporation. >> so what happens to the women who want free quote birth

control in those corporations? >> they will have to get, and it will have to be paid for by some source other than their bosses. this is not to say that women are unentitled to contraceptive services. >> correct. hobby lobby won't pay for it. >> the government could pay for it, which is the suggestion hobby lobby made in the beginning and the obama administration rejected that. >> and by the government, he means you. >> right, right. people like you and me, irrespective of what our religious opinions are. >> thank you, we'll be right back. and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. eating healthier,tion by drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief

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all right. so don't forget, at 12:30 there's going to be a press conference by the malaysian officials. 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