tonight. miss megyn is warming up in the bull pen. i'm bill o'reilly. please remember that the spin stops right here because we're definitely looking out for you

within days a new national outcry after five top taliban leaders are treated to terrorists in exchange for a captured american soldier. president obama stages a controversial celebration in the white house rose garden, appearing to empathize with the tall hi ban cause. 140,000 unaccompanied children expect to flood the country by next year. a crisis that now seems challenged to start, or slow. and then, infuriating developments in the irs investigation the tax agency asking americans

to retain tax information for years reportedly losing, claiming to lose, thousands in critical e mails from the woman in the center of the irs sandal. now, today, news that the total output of u.s. economy shrank in the first month of the year. weakest numbers, this shrinking number. not seen since the depth of the recession. we see early signs of new fallout from the crisis in iraq. terrorists seized one third of the country, raising fears of oil supplies, these events giving new voice to old warnings from the president's critics. charles krauthammer was among them saying these crisis are part and parcel of president

obama's long term plan to down size american. >> there is a big difference between decline as a condition and declines a choichls we have a president choosing decline. >> mark cason is a fellow at american enterprise institute. those are highlights and low lights. which one jumps out at you? >> they're all disturbing. that is the worst decline in one single quarter. since they started keeping statistics. this is bad economic news on top

of the implosion of iraq, and the epidemic of heart drive malfunctions at the irs. that is just the last month. before that, you had this syria debacle. you had obamacare roll out. there is just crisis upon crisis whchlt foreign policy is imploding, when your immigration policy is imploding and veteran policy imploding, presidency is imploding. >> is this presidency imploding? we take a look at this. and asked, the presidency was imploding? all of these scandals and the polls coming back in terms of people suspected the president, they're trusting government the belief he can lead at low numbers. the >> presidency may not be imploding but approval numbers are. that creates problems in terms of getting things done.

and in the end, he wants to hold on to us us senate. and as numbers go down, that makes holding on to senate a tougher problem, then does cause the last two years of his presidency being a problem with the republicans have both houses so yes. these things matter. but the practical implication is right now that it's empowering a positive republican outcome in november. and one that is not going to look good for democrats. and then, of course, that goes back to presidency. his numbers going down causes a big problem. >> mark, rereferenced carter administration and long gas lines and general sense of

malaise president carter referred to. there are many now feel as a result of all we're seeing that america itself is in decline. >> yes. i don't think america is in decline i think charles is right when he says there is nothing wrong with president but something wrong with the president. these crisis are self inflicted wounds. every president faces crisis. i understand. he worked for george w. bush. he faced worst terrorist attack in american history. but these are all self inflicted. iraq is a self inflicted wound. va, self inflicted, border, self inflicted these are conscious choices the president is making. some of the things could be fixed. at least jimmy carter changed course. after afghanistan, he increased military defense budget. reagan defense increase started

under jimmy carter. there is no sign barack obama sees the disasterus course. >> do you believe we're seeing a result of president obama's policies? or a result of something else? you sort of say maybe this is ginned up by president opponents but there are so many. >> it's similar to the end of the bush presidency. i'm not trying to come back but look. it's iraq, the economy, all of it was unravelling in the last few years of the bush presidency. his favorable and approval ratings were in the tank, i think just about exactly where obama's are, right now. it's not out of the ordinary. this isn't a unique situation boy have been saying the same thing, making the same case against bush mark is making against obama right now.

>> let me ask you this. fine on the overall poll numbers but what we're seeing with sebelius basically forced out, and shenseki be forced out. in january, the president called this group jv. now, iraq is all but lost. not to mention the lack of faith the american public has in eric holder who misled the public saying he never heard of criminal prosecution of a journalist, meantime alleging james rosen was a criminal co-c co-conspir tore. >> well, one of the things is that i think this administration is gone beyond looking at polls or even, frankly, caring about

them at this point. you're talking about the end of a presidency. they're looking at iraq and all of these questions. not where i am, where they under poll numbers but how do they deal with this situation with, i mean... >> i get that. that is not my question. my question is are these, is it just reaching critical masses? why are there 10 to 12 scandals now engulfing this administration? all made up by the opponents? >> no. well, look. i don't know they're all made up, but having opposition, coming out as strong as they have does matter. you know, look. bush had 5 million e mails disappear on them in the middle of a legal questions there. i'm not, and this isn't tit for tat, they did it too. a lot of the scandals have gone on before.

they are hitting this administration in consistent, bam, bam, bam. >> my last question for you, the polls show the american public is disengaged unfortunately, he has to continue doing it. i mean, it's like, unfortunately for him, if he is disengaged, i mean. you can't be disengaged as the president. you're not allowed. >> no. you're not allowed. especially when the world is on fire. i'm not going to gets into that with joe, but there is a difference beside outside affect n iraq, bush looked in iraq and changed course he changed strategy and did the surge. where is the sign barack obama is changing course on any of those things? >> all right guys, good to see you. >> breaking news from iraq tonight

we're seeing the rise of the world's first terrorist state. colonel ralph peters is next. wait until you hear what he has to say. twists in the irs investigation. reports about the targeting of a top republican senator by lois lerner and the irs admitting it broke the law for what appeared to be political purposes. >> if it's true, it's part of the irs as well, agreed? >> is this a trial? a jury? >> if you want to go down that road, i'll be happy to go down it. [ male announcer ] hands were made for playing. legs, for crossing. feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to ma, now may be time to ask about xeljanz. xeljz (tofacitinib) is a small pill,

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tested front crash prevention nobody beat subaru models with eyesight. not honda. not ford or any other brand. subaru eyesight. an extra set of eyes, every time you drive. breaking tonight, concerns that the al qaeda offshoots sweeping through iraq right now could soon have the run of one of the biggest military bases in the middle east. the group now moving towards the balad air force base formerly known as

most vulnerable but the administration did not act. the chairman of the house intelligence committee telling reporters today the current crisis is a policy failure, not an intelligence failure. >> we watched training camps get built and developed. we watched them get weapons we watched them get finances. we watched western passport holders show up at these camps. we watched it all. >> reporter: a senior intelligence official confirms that isis wants to strike american targets but offered no firm evidence of plotting. quote, we believe while their focus appears to be on their operation in iraq and syria, that they do have at least some aspiration and intent to target or to threaten u.s. interests. asked whether american recruits are now among islamist fight errs this is recent video west of baghdad, senior intelligence official said it's a given among estimated 10,000 fighters between iraq and syria, 3,000 have now come from other countries, many carrying u.s. or

other passports. the same al qaeda group behind the 2009 underwear bomb plot now has operatives in syria and is working with the official al qaeda affiliate there sharing bomb making skills as well as their operatives, megyn. >> catherine herridge, thank you. >> reporter: you're welcome. >> joining us with more is lieutenant colonel ralph peters, a fox news strategic analyst. >> hi, megyn. >> focused on iraq and day by day we see isis take more territory and see more and more americans get out of that country, where do we stand on iraq tonight? >> well, iraq has come apart. no one is going to put humpty dumpty together. secretary kerry and the state department need to get with reality. i mean, this dream that somehow there's going to be a coalition of sunnis and kurds and shiias that's going to save iraq. iraq is over. it's done, finish, so concentrate on america's interests, not on the al maliki government, the baghdad government's interests. what is in america's interests? >> what's the answer to that?

>> the answer is to prevent the emergence of the first terrorist state in world history. this isis has a clear goal, and they are well on their way to achieving that goal of establishing a caliphate spanning much of syria, much iraq and it would be a terror state. so it's absolutely criminal that this president has done nothing and is still doing nothing, and oh, by the way this, gesture, obama, as you know, megyn, he doesn't real like to make hard decisions. he likes to make gestures so sending 300 u.s. advisers to iraq cannot make a difference, but it certainly can put our people in harm's way for nothing. >> what of these 300 advisers? i mean, the president's defense, this is a hard decision to make, you know. you see partisans all over the board on this, ralph, because so many even staunch republicans, even some of the neo-cons who wanted us to go into iraq have pause about us going back into

iraq now. >> well, i'm not for sending the 82nd airborne division into iraq tomorrow, but let's see what air power can really do. i mean, the air force and the contractors are always telling us how wonderful air power is. frankly, air power can't solve this, but it sure as hell could hurt the terrorists, and the fact that -- i can tell you, we heard earlier from catherine is absolutely true. intelligence has been watching this build, watching isis build up for months and months. >> the white house claims it was caught off guard. >> the white house is lying! this president is a coward, and he won't make tough decisions to defend america, and, you know, at some point, yes, it's a hard decision. presidents are supposed to make hard decisions. bush was derided for saying i'm the decider, but megyn, that's what a president is, and i am not for willy-nilly foreign interventions everywhere in the world, but when you see the emergence of an al qaeda offshoot terrorist state in the

heart of the middle east that threatens our interests and will threaten america and our president does nothing whatsoever except send th 300 advisers, some of whom are in baghdad, probably safe. some of whom are in irbil up in the kurdish areas, they will be safe, but they are brave guys. they are special operator, but those guys, when we send them out in teams on the ground, the one thing they could do is help call in air strikes, but the iraqis will not defend them. they don't have the numbers or the strength to defend themselves and mark my words. if isis were able to grab one or several of our special operators and they will try, if they were able to, our guys aren't going to get the gentle treatment bowe bergdahl got from the taliban. >> i don't want to think about that. >> isis will go for beheading videos as recruiting tools. >> don't even want to consider this. >> this is a mess, absolute mess. >> if we don't do anything and if isis continues on the move, where do they go next? why should we believe they will

be satisfied with their caliphate in syria and iraq? >> well, they won't be, and that's a very important point you raised, megyn. their dream is of a universal caliphate, and they will push on. certainly push on into jordan. it will push into lebanon. they will continue to try to expand, but the -- the grim poetic justice here is that the financiers from isis really have come from the gulf states and from saudi arabia, and they thought that they could buy their way off, be safe by funding it, but as everyone finds out who tries to deal with terrorist organizations, it's like having a pet cobra. it turns on you evently, and i'm afraid that if, regrettably, if we don't act, it's going to be a disaster, and here's bottom line on all of this, all of this. when the united states is powerful and strong, the world complains, but when the united states is weak, the world suffers. >> ralph peters, thanks for being here. >> thank you, megyn. >> coming up, another federal agency tonight accused of

possibly violating the law, and they are now saying they can't produce the critical e-mails in this case because of a computer crash. it's not just the irs anymore. details next. plus a major lawsuit now targeting the president for failing to faithfully enforce the current laws while writing a few of his own, the pen and the phone. andy mccarthy has some surprising thoughts on this case surprising thoughts on this case spokesperson: the volkswagen passat is heads above the competition, but we're not in the business of naming names. the fact is, it comes standard with an engine that's been called the benchmark of its class. really, guys, i thought... it also has more rear legroom than other midsize sedans. and the volkswagen passat has a lower starting price than... much better. vo: hurry in and lease the 2014 passat s for $199 a month. visit vwdealer.com today. nobody ever stomped their foot and asked for less. because what we all really want... ...is more. there's a reason it's called an "all you can eat" buffet.

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. developing tonight, less than two weeks after the irs played a computer crash for wiping out evidence in a congressional investigation, it is deja vu all over again. today the e.p.a., yet another federal agency, says it, too, had a big crash, and cannot provide the e-mails critical to an investigation by the house oversight committee. why not, it's working for the

irs. trays gallagher has more from the west coast bureau. trace? >> megyn, the missing e-mails involve a controversial project to mine for copper and gold in alaska and critics say it will damage the salmon population and supporters say it will provide much needed job and current mining techniques will limit the effects on the environment. a former e.p.a. employee in alaska was working to kill the project as far back as 2008. it's being investigated whether mr. north and other government officials were in cahoots with alaska tribal leaders and environmental groups and that when the epa ultimately vetoed pebble mine it did so because of undue influence, not sound science. the committee has been trying for months to speak with philip north because he retired, hired a lawyer and went awol. at last check he was somewhere in new zealand refusing to cooperate and now they can't

check his e-mails because his hard drive crashed in 2012 which apparently was a big year for government computer crashes. here's the epa administrator trying to explain. listen. >> were all his e-mails preserved according to the federal records act? >> i think we have notified the appropriate authorities that we may have some e-mails that we cannot produce that we should have kept. i don't know yet when we can rekorver all of these or not. >> when federal records are loss, the law says the national archives is supposed to be notified, and it was notified, but not until yesterday. the epa also admits those e-mails should have been kept. megyn? >> you think? >> trace, thank you. new anger over the mess at the irs after reports broke late today of the targeting once again by lois lerner of a top republican senator. >> i'm going to ask you again.

what statutes have you evaluated? >> i think you can rely on common sense that nothing i have seen. >> common sense, instead of the criminal code, you want to rely on common sense. you can shake your head all you want to, commissioner, you have said that there's no evidence of criminal wrongdoing, and i'm asking you what criminal statutes you have reviewed to reach that conclusion. >> i've reviewed no criminal

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developing tonight, new evidence of irs misconduct. the tax agency admitting today in court that it inappropriately leaked confidential tax documents of a conservative group in the middle of a presidential race. the documents just happened to reveal governor romney's financial donation to a traditional family group. the irs now confirming it did that and agreeing to pay $50,000 in damages. however, it claims its disclosure was inadvertent, this as the irs chief takes fire from congress this week on his claim that the tax agency has not broken any laws. >> you have already said multiple times today that there was no evidence that you found of any criminal wrongdoing. i want you to tell me what

criminal statutes you've evaluated. >> i've not looked at any. >> well, then how can you possibly tell our fellow citizens that there's no criminal wrongdoing if you don't even know what statutes to look at? >> because i've seen no evidence that anyone consciously -- >> how would you know what elements of the crime existed, you don't even know what statutes are at play. i'm going ask you again. what statutes have you evaluated? >> i think you can rely on common sense that nothing i have seen -- >> common sense, instead of the criminal code. you want to rely on common accepts. you can shake your head all you want to, commissioner. you have said today that there's no evidence of criminal wrongdoing and i'm asking you what criminal statutes you have reviewed to reach that conclusion. >> i've reviewed no criminal statute. >> but are you not saying there was no criminal wrongdoing with respect to the targeting of conservative groups. i want to be very clear, you're not saying that. >> i've made no judgments. >> so you disagree with the president when you say he there's not a smidgeon of corruption? >> there's people making judgments, both sides about whether interest there were -- >> you >> you know, i'm not one

of those. i'm saying we will simply never know because you didn't keep the evidence. the evidence was followated and whether it's neglect, intentional or reckless we still don't have the evidence, commissioner. >> you have the evidence that there's no e-mails from the white house. you have all of the treasury e-mails so the basic premise that this was an argument and a conspiracy driven by the white house does not -- >> no, sir, you're wrong about that. you're repeating a talking point from our colleagues on the other side that we're obsessed with the white house. it was jay carney who perpetuated the myth that it was two rogue agents in ohio. it wasn't any of us. was that accurate? was that first an initial line of defense that it was two rogue agents in ohio, was that acrat, commissioner? >> not that i november. >> so that wasn't accurate and that came from the white house. who said there's not a smidgeon of corruption? who said that, commissioner? >> my understanding that was the president. >> it was the president. >> so that's jay carney and the president both inserting themselves into the irs scandal, and you want to blame us for

bringing the white house into it? >> i haven't blamed you at all. >> you just did, commissioner. you just did. >> joining me now republican congressman darrell issa who is chairman of the house oversight committee, the committee that was just killing the irs commissioner this week. mr. chairman, good to see you tonight, and so there was trey gowdy going after mr. kosc known who by all accounts was described as very arrogant as his demeanor in front of you this week. should the american people be trusting that man to lead this investigation internally in terms of compliance with your demands and that now that's being raised by the u.s. senate? >> well, megyn, it was senator mccaskill, a democratic senator, who described him as arrogant. 80% of the american people don't believe they are telling the truth about these drives and the lost data or particularly the question of targeting conservative groups, and, of course, a democratic political appointee of the president, confirmed by a democratic senate on a less than 60-vote

requirement is not the ideal person, not even an appropriate person to investigate these crimes, but megyn, you now know neither is eric holder. this case calls for a true special independent prosecutor who has the ability to issue warrants, to seize materials, to safeguard dock oumts and other information before it goes away and get to the truth. >> and it's not going to happen. >> it's not going to happen on this president's watch or eric holder's watch as far as we can tell, but little by little we're finding information. we're finding documents, and each time we find them they come up and have a new discovery. you know, the reason that we discovered that these documents were really gone is from a subpoena to the justice department. lawyers there decided they didn't want these 1.1 million documents that they never should have gotten, that they got from lois lerner in violation of the statute 6103, in other words, a law that was broken. they wanted rid of them so they

gave them back to us and then we discovered e-mails from lois lerner as a result we had never seen and documents with personal information, donor information given to the justice department by lois lerner for the purpose of going after these conservative groups, and it's about time her attorney take back that statement she made, that perjured statement that she broke no laws, she broke no regulations. of course she broke laws and of course she broke regulation and we need to hold her accountable. >> there was breaking news about her today and senator grassley and the american public is interested in this woman, inserted her fifth amendment right, at center of the targeting scandal, whether she's innocent or not, she's at the center of it and tonight we learned inadvertently lois lerner received a letter and the letter was meant to go to senator grassley, a republican, and they were suggesting that he take some trip and give a speech and they were suggesting they might pay for his wife as well and lois lerner forwards it

along within the tax agency suggesting an audit that either grassley or this group sending the letter or both should be audited because it's not appropriate for them to pay for his wife's travel, something he never agreed to. he never even received the letter no, proof he even knows this group and the question is whether this now gives us a window into lois lerner and how sheapproached her job. >> well, we have windows into lois lerner. this one being the latest one, that she was in fact a biased not conservative but liberal on a liberal agenda. her personal e-mails back and forth to her daughter on government time and government e-mails, we read them and realized that this is somebody who supported the president, his attempt to close down conservative groups, his opposition to citizens united. her quite frankly this leak that you talked about at the top of the hour, she's somebody who applauded maryland's gay marriage statute in e-mails with her daughter. this is somebody who had an agenda and act on it, broke

laws, broke regulations and has been criminally referred by the ways and means committee. they have elements that they have sent to eric holder. of course, those are dead on aroyal in all likelihood. the reality is we need a special prosecutor and we need to realize lois lerner's committed crimes. she may be the kingpin but we'll never know if we don't get the kind of investigation we need to do. >> can she get immunity and give you the information that you need? >> absolutely. if she would proffer, if she would deliver to us the explanation of who she worked with in this conspiracy. >> and that's how it's work. >> give immunity and give me a proffer. this is what i would say if you gave her immunity. >> we don't want her in jail, we want the truth more than anything else, because the american people now believe, 80% of americans believe they can't trust their irs and that means they can't trust their government or their president. >> one question before i let you go. you heard there that koskinen, the head of the irs was saying

you have the white house e-mails and treasury e-mails and those show there was nothing nefarious going on. tonight the senate has joined in on your investigation saying we don't trust the investigation in the wake of these lost e-mails and we want treasury and not the white house, treasury and two other agencies, including the justice department, to produce their documents, their correspondence with lois and the other employees who claim their e-mails are lost. will that advance the ball because koskinen says you already have that stuff and it doesn't show anything. >> it's a god start. the commissioner was being disingenuous stating this, stating there is no evidence, there are no e-mails is pretty tough for an agency that just admitted they don't store them. they don't track them. they lost them. remember, if lois lerner's hard drive hadn't broken she could have just deleted them anyway. they didn't have a procedure to safeguard these documents from mischievous behavior of people doing things so quite frankly the commissioner is not he does sworn in,

arrogant or not, you gave him a hard time about keeping his right hand too low. let me show the viewers when i'm talking about. >> would you please rise to take the oath and raise your right hand. a little higher, thank you. >> some said that made you look arrogant. why did you do that? >> in his previous testimony he had held it down, and, you know, we all understand whether you're looking years back at the tobacco hearings or anything else, you raise your right hand. all i really asked that he raise it to a normal level. i only asked it because in fact at the ways and means committee earlier he had sort of held it down and it seemed a little petty and silly. we've had witnesses who have stepped away from other wednesday and so on. we just ask them to do the routine ordinary you raise your hand. there are photographers taking pictures of it.

it is a moment and it should look that way. that's all. >> all right. >> there was no attempt to be arrogant. in fact, this gentleman came in with a great deal of respect in washington. i'm sorry that he's losing it with a certain amount of half truths he's been involved in. >> chairman issa, good to see you. >> thank you. >> the other big story on capitol hill today, john boehner planning to sue president obama for abusing his power. what exactly does that mean? former federal prosecutor andy mccarthy is here next with a very interesting take on where this is likely to go. plus, new developments in the search, yes, i said it, new developments for missing malaysian airline flight 370 and reports about a suspect in the disappearance of that plane.

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>> i've got a pen, and i've got a phone, and i can use that pen

to sign executive orders and take executive actions and administrative actions that move the ball forward. >> i'm going to be working with congress where i can to accomplish this, but i'm also going to act on my own if congress is deadlocked. i've got a pen to take executive actions where congress won't, and i've got a telephone to rally folks around the country on this mission. >> where congress isn't acting. i'll act on my own. >> i've got a pen and i've got a phone and that's all i need. >> congratulations. that was president obama promising that he would take his pen and his phone which he does have to take action if congress would not, and, boy, did he ever. on everything from immigration to obamacare to environmental regulations and beyond. house speaker john boehner says he's had about enough of that. today he's announcing he's going to sue president obama. andy mccarty is a former federal prosecutor and author of the new book called "faithless execution, building the political case for obama's

impeachment." and you think john boehner's plan is -- >> feckless, frivolous, fatuous. >> you're not a fan. >> running out of adjectives. >> "f" words. >> you know, look. it's not a serious response. you have a president who doesn't follow judicial decisions already that don't go in his favor. you have a president who doesn't follow the laws of congress that he finds inconvenient. even if you could get a judge to rule in a case like this, and i seriously doubt you could given what the standing rules are. >> there are certain requirements that mr. boehner may not meet. court might not hear this at all. >> we're not supposed -- courts are not supposed to referee political disputes between the president and the legislature, but putting all that aside. a court has no power to enforce its own decisions. it would need president obama's help to enforce a judgment against president obama.

good luck with that. >> the same way he ignores the congress he can ignore the judges. >> already doing it. already on record of doing that, and he ignores congress so what makes speaker boehner think that if it's a court decision defending congress it will make any difference. >> and you pointed out in an op-ed that what makes speaker boehner think that the courts who are likely to hear this, if they did take it up, would rule in john boehner's favor? president obama spent the past six years changing the federal bench to a large extent. >> significantly. i think a court would not go near this because the prestige of courts is that we follow their judgments. that is what really keeps the system rolling along. >> their power. >> and the emperor never likes to be shown that it has no clothes, and if they can't enforce their own judgments and they are just going to issue a ruling that they note president is going to flout, why would they do that?

>> what is the alternative? you talk about going not after the president but lower level executive agencies. >> congress has two means of power to do this and that's why speaker boehner issued this memo that said they are powerless, they are impotent. they have decisive powers. they can cut off money and they can impeach executive branch officials, doesn't have to be president. obviously not a national temper to remove the president from power but lower executive branch officials who are involved in lawlessness and covering up and stonewalling congress and misleading testimony, they ought to be impeached. >> and the money, they refuse to withhold the money for some of these groups. >> for example, why would we need a department of homeland security apparatus who is supposed to engores the immigration laws if we don't enforce the immigration laws. why should the american people pay billions of dollars for a government agency that doesn't do what it's mandated? >> why doesn't john boehner do that instead? >> they are afraid politically

if they flex the constitutional muscles that they will be given they will be attacked politically by the press and by the president and that that will cost them politically come november, but, you know, that is their job. >> andy mccarthy, great to see you. >> good to see you. >> friend. >> almost four months since that missing malaysian airlines flight went missing and now new reports about the possibility of a suspect in the case. that's next. you told us your number one olive garden dishes. now they're part of our 2 for $25 guest favorites! get your all-time favorites like creamy chicken alfredo. plus unlimited salad and breadsticks and dessert. 2 for $25 guest favorites at olive garden. ♪

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new developments tonight in the missing malaysia airlines flight that disappeared two months ago with almost 200 people on board. reports that authorities are talking about a new suspect. trace gallagher has more from our west coast newsroom. trace? >> reporter: megyn, the

malaysian authorities say they don't have the evidence right now to pin this on anyone, but "the sunday times" quotes police sources saying the captain is now the main focus for three reasons. first, authorities say it took careful planning and precise execution to make a triple 7 disappear from radar and now all that data that had been deleted from the flight simulator found inside the captain's home has been recovered by tech experts and it shows the captain put in simulated flight plans to fly far out into the indian ocean and that he practiced landing on short runways on remote islands. authorities have also conducted 170 interviews and done background checks and profiles on all 239 people aboard flight 370. they say those checks have excluded everyone except the captain. the captain was also meticulous at scheduling and record keeping and yet he had no business or social engagements scheduled after that flight, and while police are pointing at the captain, they say terrorism or

mechanical failure still cannot be ruled out. meantime, the satellite company that claims to have located the crash to within 25 miles, says the search for the past two and a half months was in the wrong area, that crews got distracted by what they thought was a ping from the plane's black boxes which was a long way from where they believe this plane actually went into the water. megyn. >> unbelievable. trace, thanks. so we're doing something interesting tonight. i'm taking your questions on twitter @megynkell, follow me and i'll post my response to you which i'll do on camera on our facebook page. more on that after the break and coming up on "hannity." >> if cochran's forces and the gop establishment aided cochran in depicting the tea party as racist, that has set (vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet.

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interview, easily the one i did with anthony weiner a couple months ago. why did you change your hairstyle? because it was getting a little old and i was starting to look like everybody see you tomorrow night, 9:00 p.m. and this is a fox news alert. tonight shocking e-mail evidence has emerge that had shows disgraced irs official lois lerner once directly attempted to target a veteran republican senator. those details are straight ahead tonight and that's not all. we can also report at this hour that speaker of the house john boehner in an unrelated matter has now announced he is suing the president of the united states for what he considers a brazen abuse of power. more on that breaking news also coming up, but first the irs scandal is widening tonight as more and more proof has been unearthed to indicate there was indeed a cover-up. a new report by "the daily caller" reveals the disgraced tax agency went to great lengths to rid the world of these incriminating e-mails penned by lo