happening and it is much worse than people realize. >> i want to know how we prevent it. and i know you talk about that in overtime. >> good luck to you. >> it is fox news.com. and "happening now" now. >> we start with a fox news alert. the death toll is rise negligent train derailment in philadelphia. >> we learned a 7th person has died. we are covering all of the news "happening now". >> just calling. >> and tragedy on the tracks. >> it is a disastrous mess. >> inside of the nightmare of the deadly amtrak derailment as the grim search continued in the mangled wreckage. >> i never seen anything like this in my life. >> plus. a close brush with death. it is huge avalanche.

>> and survivors of the nepal avalanche and earthquake back on u.s. soil and telling a scary story. >> and chilling surveillance and what they call a possible kidnapping. and it is all "happening now". >> and we are dealing with a terrific train crash in philadelphia. and they are piecing together what may have caused the amtrak train to derail. and welcome to "happening now" now, i am jenna lee. >> and i am jon scott. the track derailed heading to washington d.c. from new york. seven people have died and more than 200 were treated. amtrak completely shut down service from new york and philadelphia and causing major travel disruptions on the nation's busiest corridor. laura is in the port authority

watching those travel issues. first to philadelphia. rick? >> reporter: we have breaking news in the past couple of minutes. the associated press reported that a 7th passenger on the train has died and the wall street journal said the train was traveling at more than 100 miles per hour when it hit the curve and derailed and that speed limit is 50 miles per hour. and the train was doing double the speed limit and according to the philadelphia inquirer and the engineer is not talki investigators. that is according to the inquirer. they are in the beginning stages of the investigation and in search and recovery mode. in the port richmond neighborhood. they have recovered the black box from amtrak 188.

& that is more on the way and including tracks and signals and operations and human performance. and our purpose for being here on-site is to collect the perishable evidence and the information that goes away with the passage of time. we'll start collecting information and what was the train speed and speed limit on the curve and that is part of our investigation. that is to carefully document that. there is an intense focus on gathering patient data and more than 288 of the patients were treated for injuries in area helps. some are badly hurt and unable to identify themselves. officials say they are trying to match the amtrak to the hospital manifest and they have to proceed slowly and cautiously.

and some people are missing the train and not on the passenger list. they are not sure that everyone who got on the train is accounted for. the fire truck rolls out near the accident scene, jon. breaking news is that we have apparently 7th death to report. and now word from the wall street that the train may have been going more than 100 miles per hour when it crashed last night. >> memories of the metro north train that went off of a curve when the engineer took it too fast. >> our next guest was on the amtrak train. ka yla bon ham was on one of the last cars. ncaleb, how are you feeling this morning? >> banged up and but fortunate

and blessed to have walked out of the situation unskrathed. i hit my head hard and there is a lot of people and families that are struggling worse than i am and i am praising god that i was able to walk out alive. >> we are showing the footage from the accident caleb. it is devastating. and can you walk us through what happened. you are on the train and leave the philadelphia station, what happens next? >> we got on the train and we leave you know the philadelphia station and we leave there and it was all a blur for me. it happen very quickly and a strange situation that i have seen how we went from a peaceful

situation. it is black. it happen for me quickly. and they heard cracking and buckling of train cars. i didn't experience combf that. i was in the back car and started to so my lap top shake a bit. it was on the seat next to me and 1 or 2 images that i have. i saw my lap top floating in midair. as it flew somewhere and the next thing i remember i was on the other side of the train and woke up. i don't think i was knocked out. i opened my eyes and it was all black. it was instant. >> what did you see from that point on. i think it is important for the viewers to remember it is dark

and night time and no light for you to figure out what is going on in the immediate. how do you get out of the car? >> first thing we saw. was there was a light in the hallway. and there was people trying to gain composure and pick themselves up. we department know where he were. and we didn't know what we were on top of. on that route from dc and philly. you cross several bridges. you are above water in many cases and you don't know where you are. and our train was tipping and moving. and we were sitting there. and the train was sort of at an angle and never rolled or tipped on the size. but it was tipping. and people sort of got together and started to find a way out. some people were trying to break

down the glass window and there was's door in the back and people filtered out. it was calm and collected and so many people looked to rise up to care for people in need and may have more serious injuries and people on the ground trying to pick each other up. it was a complete mess. chairs were torn out and metal was all over the place and it is a true blessing that people were not injured beyond what they were. and it was tragic and i heard seven people passed. it could have been a lot worse. >> and where you left the train car you are amongst other tracks and i am sure you department know if there were other traps coming. and i am curious what you think

about the reports saying that the train was traveling at a very high speed at that curve. it sounds like you didn't notice before it happen. did it feel like the train was traveling at a high speed >> i can't comment on the speed. that was nothing i never noticed. train travel fast and i was not paying attention. if that train was going 100 miles per hour on a curve amtrak has a lot of explaining to do. >> before i let you go. again your experience when you leave the train car. we've had questions about why amtrak doesn't know who was on the train and there is unaccounted for people. you had to leave everything behind on the train. did you have your cell phone or lap top.

is that left behind? >> pretty much everything is left behind. i was fortunate to have somehow my cell phone landed in the purse of a young woman who went to the er and through facebook they got ahold and i was able to pick it up this morning, beyond that everything else is gone. and for everybody else it is gone. but it is a very tragic situation that has occurred. and my thoughts and prayers go out to the families. >> caleb, it is nice of you to join us today. and our viewers appreciate your perspective. and safe travels getting home now. >> thank you. >> the ntsb opened a broad investigation in the tragedy and we'll find out what they are looking for. joining us is russell, a real safety consultant and former

national transportation train and rapid investigator. what is job one with, russell? >> preserve the evidence at the wreck site and anything that is perishable and gather all of the facts they can related to the different areas of the investigation. >> we have heard reports from outlets like the wall street journal who say the train was doing more than 100 miles per hour on a curve where design speed indicates 50 miles per hour should be the maximum speed. if that is true it is going to be a major factor in the investigation, right? >> correct. that information will focus this investigation on the train control system and human performance of the engineer. >> if that is the case does that althoughly mean human error? >> no not necessarily.

it also could be be the train control system and what concerns me in this accident this area should have come under basic positive train control system in the end of 2012. >> positive train control, so our viewers know that is a system that is leak a autopilot of the plane. it regulates the train. >> it controls the speed of the train and makes sure it is safely complying. >> you are saying that the train should have come upper that requirement but obviously was not? yeah even if the engineer failed to do what he's supposed to do and didn't do anything and had a heart attack or whatever. the train should have automatically slowed down and

made that curve safely. >> i mentioned a similar accident to our viewers a short time ago. there was an accident and i believe we have the video. and an accident on metro north tracks that are amtrak tracks north of manhattan a year and half oochlth and metro north commuter train missed a curv e and turned out that the engineer was taking the curve three times the posted speed and he was going much faster than that. >> is that the kind of thing we might be looking at here? >> positive train control is designed to prevent that accident. and since i believe there was positive train control system in this accident that brings up real concern. >> and so you believe that the amtrak train upon in the

philadelphia accident was equipped with positive train control? >> i believe it was. the older system would have essentially done the same thing. maybe not as sophistic attally. but slowed down the train if the engineer had not complied with the signal system. >> obviously a lot of questions. russell quimby. thank you. >> and we'll bring you updates as they come in the newsroom. in the meantime politics. jeb bush having a hard time getting out of his brother's shadow. and why he is trying to clarify the comments about the iraq war and hog-wild on capitol hill. and the latest pig book on how your tax dollars are wasted. >> there are so many small items

in our budget and that adds up to a lot of taxpayer waste. and we want to protect those dollars.

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hi mom! hi dad! happy anniversary! available at aarprealpad.org and at walmart. >> jeb bush's white house run. and the former florida governor trying to back track from the comments he met to megyn kelliy. would he authorize the iraq war. >> i would have and so would have hillary clinton and so would almost everyone confronted with the intelligence he got. >> bush said he thought it was about the intelligence we anyhow then. and he deflected when asked if he had made a different decision on iraq now. >> i don't know what that decision would have been. the mistakes were made. >> we'll talk about it with joe

trippi, former campaign manager for howard don't. and mary key is ape former speech writer for george bush and communication's director for the rnc. joe, is this a serious issue that will derail the bush campaign or something that will blow over? >> it is not going to derail his campaign at all. it is a self inflicted wound and's lot of candidates are making those these days. we have seen hillary clinton make a few. and generally the self inflicted wound you get over it easily and time will heal it. but the problem is there is tape of this and they will probably use it in an ad against it. the rest of america is not paying attention to symantices like this the way me and a bunch of other people are focused in

the campaign right now. >> there is a difference mary kate between what we knew. saddam hussein said he pretended to have weapons was mass destruction because he was afraid of the iranians. >> even george bush his brother would not have done it now knowing that. i take his word he misunderstood the question. it is how quickly the right jumped on him and he is in a bit of a rock and a hard place from the conservative. he distances himself from his brother they think he is going liberal. and if he embraces he is a noo con. and my advice to him is be aware

he will be asked and it will come up may be times. have the answer down cold. >> we have a answer for you about the pig book out on capitol hill and ask you about earmarks and government waste when we return. back in a moment.

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>> law makers on capitol hill are going hog-wild with your tax money. citizens against government waste releases the annual pig book detailed 4 billion in congressional earmarks last year. spending includes 4 million for aquatic plant control and 15 million to boost salmon population on the west coast and 120 million to upgrade a tank

the army said they don't want. we are back with joe and mary. thank you for being here. joe, how does this stuff still happen? >> it happens because they are able to sneak earmarks in. it is way, way down from where it was in the high water mark of 2006. it is down billions of dollars. and a lot of progress is made. but a dollar of waste is to which. we could be giving tax cuts or spending that money on. and although frankly the other thing is some of them are not bad ideas to it a lot of people. 20 million for alternative energy research maybe somebody's waste could be someone else's. >> he's right. high water mark was 26 billion

and we are down two and half billion last year. and this year up to 4 billion. and the trend seems to be heading in the wrong direction. >> it is a drop in the bucket compared to 18 trillion in debt for our country. that is a big number of government out of control and spending to which. it is feeding the president's disapproval rating and the question is what should the republicans do in the upcoming election to fight this stuff. take a page from david cameron. and he refused it from 45 to 40 percent of the gdp over the last five years and reduced the number of government employees by a million and satisfaction of government services went up amongst the british voters. republicans are always proposing to limit the entire agency.

it is a great idea but not going to happen. the cameron idea is better. >> let's hope there is a smaller pig book for next year. >> yes. nmary and joe, thank you. >> the u.s. intelligence community is using sights to search for a missing marine helicopter in nepal. it was part of the military team to delivery aid. it disa pored shortly after the second earthquake that hit. and eight people on board including six u.s. marines. they are joining us live with the search. >> >> reporter: the air search for the missing chopper and marines on hold. it is a massive search. and teams of pararescue men have been searching for the aircraft over rugged terrain and using

helicopter and tilt wing planes to find the chopper that went down. we are staying in contact with an official that is talking to the search teams on the ground. unfingerprintly a couple of reports that we saw that the helicopter had been sited are just not correct. and 400 soldiers from the nepal army searching on the ground. and the difficulty is a sign of how dangerous aid everies are over all following the mammoth follow-up earthquake. and that happen in the epi center between the capitol city and mount everest. and not far from where the chopper went down. there are 79 new deaths and 2300 injuries. and in nepal over 8000 died in the first quarterback. and hundreds of the buildings are weakened and destroyed and

structurally unsafe buildings collapsed and some people were killed and others rescued. and finally. and they are about to do that again and that will bring more havoc. and the latest word that officials will resume the search for the marines and searchers for nepal. that will come in six6 or 7 hours and back to you. >> absolutely. greg thank you. >> gripping new video from the earthquake from a climber that was on mount everest when the earthquake shook, watch.

the quake loosened snow and ice. and sent it sweeping down the steep mountain side. and hurricane force winds blasted the camp at the elevation. and the mountaineer didn't think he would survive. >> avalanche bacon. and i thought maybe they will find me alive or body better. when i came out of the tent and the avalanche on both sides, i felt we would not survive. snrgs another camp took the brunt of the ice fall and 18 people were killed when that avalanche swept through. >> investigators on the scene of a deadly train derailment that shut down the nation's busiest rail corridor. next. a long-acting insulin at night. i take mine in the morning.

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all right. seven people are dead and hundreds are injured after a train derailment. the train may have been traveling more than 100 miles per hour. the amtrak train from washington d.c. was headed a domino affect of destruction. laura has more. >> reporter: hi, john this indeed is where the travellers are coming to get to northeast

destination. and some tickets are under 20 bucks. and they tell fox they have additional schedules to new york and washington d.c.ment to help displaced amtrak customers. and other transit agencies are offering help as well. and offering customers to have the bust tickets until it returns. ride ares and garth ryman said the bus is simply the fastest way to get home. >> it is not a flight. just getting to the airport would be more expensive. i came here first and i was worried there would not be buses and they have plenty of tickets

for this afternoon. they will continue to run a modified schedule. and that is serious between and experts say that can be cleaned up in a now days. and i will be surprised. i bet it goes longer than. that laura, thank you. >> right now, as the president meets with the saudi crown prince in washington d.c. a stern warning from iran to bofth our countries to let an iranian ship to travel to its course in yemen. both saudi arabia and rowelers and the americans and others should be mindful if they cause trouble with the islamic republic with humanitarian aid to countries it would spark

a fire that would be out of their hands. and lieutenant cowan, joining us now. and this is a run in and or could have been a run in between the iowa ran -- iranian convoy. the united states said you are sending military gear and weapons to the rebels on the ground and now iran is trying it again. that convoy turned around and now they are trying it with a single ship and what is our call and move? >> for the most part we'll stand back and watch. we had our naval ships turn it around that had weapons on it and there was no ability for the iranians to walk away from the fact that the weapons were seen from the air. but the intelligence community believes that there is nothing

more than humanitarian aid. but the saudis have a blockade of yemen. and they don't want to see any aid or assistance of any kind to get to the rebels. this may come down to a confrontation between the irans and saudis. >> they are saying if you want to send humanitarian aid do it through the un. what is the chance of iran following that? >> yeah i don't think they will follow that. they are not sure who it will go to and they put out the argument we are trying to rush the supplies in there because our friends and the yemenis need it. and the u.n. would delay. the for the favor of the iranians and there are no

indications of weapons. and i don't believe that the united states navy in this case will take a stand against the iranian ship. >> we'll so what is happening obviously. and paying close attention to what happens on the middle east. often north korea likes to remind the world that it is it a player and we are getting reports from south korea's spy agency said that kim jong-un has publicly executed his defense minister in a horrible way, and reportedly because he was sleeping in a meeting and talking back. what is your take about what is happening in north korea and why does it matter? >> it matters a lot. we don't know if those reports are true. they may be and knowing the nature of this guy and father and grandfather, every one of them are wackos. and the difference is this guy has his hands on nuclear weapons

and that is a great concern and the north koreans are working on interballistic missiles and they have test missiles against the united states and even china and their own principle benefactor and it is proof that north korea is difficult to determine what they want to do. particularly this guy. and he kills his defense minister and that sends a message that he is in charge and they will pay a penalty. we have reports of this coming by way of spy agency in korea. this happen on a firing rangeousing an anti- aircraft missile at hundred feet. that is a horrible way to die. it was a big display and we had satellite image of what would be the shooting range where this happen. you mentioned that

innercontinental ballistic missiles and north korea tries to fire them off. and what is our move here? we don't have interaction with north korea. how do we remind them that we are watching and behavior is unacceptable. >> you are right. we don't have leverage. reducing sanctions and giving them food. all of the aid they get is food. and reminder to our viewers that weapons around the world to terrorist organizations. and we have leverage when it comes to food. but it is really with the chinese who are reluctant to put pressure. north korea is each a problem for them and if they don't use their influence on north korea, it may portend badly. >> especially since the leader kim jong-un is getting more

aggressive and acting out more. it is nice to see you, thank you so much. >> black spider memo reveals prince charles hand written letters to the government about to made publicment will they embarrass the heir? >> and liberal hero elizabeth warren helps to derail the trade agenda and why the white house wants an apology from another senator.

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acetaminophen or ibuphroen. >> and the release of prince charles' secret leaders. the heir to the throne is expected to stay out of the political arena. and amy kellogg has more from london. >> reporter: hi, this is about newerality and the letters show that prince charles is not neutral at all. and a lot of comment attors are arguing say it is not bad. at lost he is not a party prince. he is passionate about a number of issues from the british armed forces to hill farming, and to architecture and alternative medicine. there were no surprises as they were all areas that the public knew prince charles was interested in.

and spokespeople said he cares deeply about the country and tries to use his unique position. and they were called the black spider letters but because of the wispy handwriting that the prince is noted for. they are mostly typed up. they went out to former prime minister tony blair. he bloweds for better equipment in iraq. he fores the armed forces are asked to doing the yob without adequate resources and other ways to help the british formers. the sovereignty and heir are expected to be above the fray. the week has weekly meetings and so will prince charles presuming he will become king. to what they have influenced

that is not known. it is hard to argue for the causes he was lobbying for. it is all just coming out and the letters were only released years after a very very hotted campaign by the guardian newspaper to be published and saying people have a right to know what prince charles is up to. jenna? . >> thank you. president obama's own party puts the brakes on a ability for a historic trade agreement. and disturbing incident caught on tape. is this a kidnapping? police are asking for your help. >> she has scared face. and she was scared and help me help me. and he's looking, come on, and push her, push her.

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>>. >> right now police in arizona need help finding a man they believe may have kidnapped a woman. this surveillance footage was taken earlier this week at a gas station in phoenix. a man gets out of the car and goes into the store. you see the woman get out of the car and start walking towards the store. he comes out and grabs her. shoves her back into the car through the driver's side door. then takes off. witnesses say the woman looked like she had been beaten and was asking for help. police are asking anyone with information to give them a call. president obama seems to be getting the cold shoulder at home and overseas. first, leading democrats worked against him in the senate to deny fast track authority for a pacific trade deal. that's amping up tension with

his liberal base after the president suggested politics was behind senator elizabeth warren's opposition. that did not sit well with other democrats leading to a verbal skirmish. >> i think the president was disrespectful to her the way he did that. i think the president, i think the president made this more than personal than he needed to. >> a short time ago the white house responded saying senator brown insinuated the president made sexist remarks about the exchange. >> senator brown is a stand-up guy. given the opportunity to review the comments that seemed like they were made in some haste, that i feel confident he'll do the right thing and apologize. >> let's check in with peter baker, the chief white house correspondent for "the new york times." must be fast nating to watch from your perch there covering the white house for the "times." what's going on here the president really is picking a

fight with his liberal base? >> you don't see this very often, obviously. you have right now a president who is at war with his own party on the issue of trade has come right down the middle between the executive democrats and the congressional democrats. as you mentioned, senate yesterday blocked trade promotion authority temporarily. they are working toward a deal that will allow it to go through anyway. the tension you are spotlighting here with elizabeth warren was a real one. it's an unusual one. >> the president's choice of words, he said the truth of the matter is elizabeth, as you know, is a politician like anybody else. that seemed to make it more personal. that is part of what senator brown seemed to be pushing back against. >> he did. he has not apologized yet, despite josh earnest's

prediction. he does feel senator warren was being targeted in an unfair way. it tells you how deep this issue is. it's one that the temperature's gone up a lot. the president could have disagreed with his party on this issue. they do disagree with him on this issue in a way that didn't necessarily blow up quite the way it has. it's become personal. it's not over yet. >> peter baker, chief white house correspondent for "the new york times." thank you for being with us today. >> appreciate it. how one nation is deploying the singing sailor to keep them in line.

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quite a discovery in the indian ocean. teams searching for malaysia airlines flight 370 believe it crashed into the indian ocean found something different. they found the remnants of a shipwreck including an anchor and possibly a ship bell resting on the ocean floor nearly three miles down. officials say we didn't find the plane, but this is giving us confident we can spot objects three miles down. we feel like at least this is a boost to morale we perhaps will find this plane. >> they don't know what shipwreck it is and will not try to find out. >> too expensive, they say. have a great day. >> "the real story" with gretchen carlson starts now. fox news alert. seven people confirmed dead after that horrifying train crash on the busiest passenger line in the country. reports the train was traveling 100 miles per hour instead of

the speed limit 50 when it crashed. i'm gretchen carlson, welcome to "the real story." the mayor of philly will address the derailment accident. we'll go live when that begins. rescue crews are still surveying all that wreckage as survivors begin to describe the chaos of the crash. >> some people are looking for exits, other people were asking for help. somebody popped the window at the top and we were able to climb out. i helped a woman. somebody helped me