or legal expenses. good news indeed. that was a fun hour. thanks for joining us. i'll see you on "the five." it's wednesday. greg and jesse will be there. i'm dana perino. here's shep. >> shepard: it's noon on the west coast. 3:00 on capitol hill where lawmakers are demanding answers about two deadly boeing crashes. and the company, boeing, announcing a fix for the jets that are grounded all over the world. but could that fix have happened before one of the crashes? also, jussie smollett, the fox actor and singer may not be off the hook even after prosecutors dropped the charges of staging a hate crime against himself. and what is the real story of how those charges all went away? plus, cars that stop you from

speeding. a plan to have your ride keep you safe whether you like it or not. reporting begins now. >> shepard: our reporting begins with the chicago police. they have now released their file on jussie smollett to the public showing step by step how they incovered his hate crime hoax. they just dumped the documents online. this is after prosecutors made a stunning decision to drop all charges against the actor even though they said that smollett was not innocent. the move allowed smollett's attorneys to seal evidence in the case. but now text messages and e-mails are triggering questions about whether jussie smollett got special treatment from prosecutors. the chicago tribune newspaper reveal

revealed kim knox and michelle obama's staff. two brothers are being accused of lying to police on how they were paid to carry out the attack. >> jussie said he's been truthful and consistent. he said at the beginning he didn't know who he encountered that night. he knew it was the brothers, didn't he? >> he did not. the attackers were masked. >> police say they have phone records of him talking to the brothers an hour before the tack, an hour after the attack and while they're in africa? >> not an hour after the attacks. >> that's what they said. >> that is completely false. i've seen the phone records. they've been produced. one thing i want to -- >> you're saying he did talk to the brothers. >> he did talk to them. he just hired the one brother to train him for his upcoming music video. >> shepard: tmz reports the brothers told their lawyer they were going to stay silent and refused to put out a statement

after prosecutors dropped the charges. so where are we now? matt finn has been following this case from the start. he begins our reporting live from chicago. matt? >> shepard: shep, today chicago police apparently wanted to get out as much information as quickly as they could. they released files and now the department says the case has been formally sealed. so getting any more information the post office confirmed to fox news that it assisted investigators with the death threat letter. smollett faces charges of mail fraud. cook county state's attorney

kick fox said she recused herself from the smollett case during the height of this investigation. it was later revealed tina chen texted kim fox, i want to give you a call on behalf of the family who i know they have concerns about the investigation. kim fox then respoke to the supperlier. he's going to make the ask, trying to figure out the logistics, i'll keep you

you can't get off the case and suddenly jump back in in order to tie a bow on this package and make it go the way that you want it to go. that behavior of hers was seriously questionably ethical and ought to be examined by the ethics i have not seen anything like this. they did him a favor for reasons we don't know. an attempted to mask that favor and some sort of credibility in the behavior here fits into that

category. >> usually you get up and fall on the sort. you say i can't believe i did this. i was horrible. i staged this attack. i put a lot of people in jeopardy or i cost a lot of money. >> or you can remain silent. you have to go through a probationary period. if you successfully complete the period, then the government will ask the court -- and the probationary period involves restitution or some sort of community service and at the end of that time, the government will ask the court to dismiss the case against you. but to dismiss the case from day

one with no agreement and to seal the report and say oh, by the way, we would like to keep your bail and then to go before cameras and say we think he was guilty and could have proved the case anyway makes no sense. it's a head-scratcher. that's what tells me, they were doing him a favor. for some reason that they don't want to articulate. they tried to mask the favor in the aura of legitimacy. >> shepard: the chicago police superintendent says justice is not served, that he's guilty, he staged it. he said it specifically. not beating around the bush. the mayor said this is a whitewash of justice. is there something else that could happen? >> yes. first, let me say something about the chicago police. their investigation was so extraordinary it was over the top. when they first announced the charges and put a chart of his behavior and interactions with them, to me that was an airtight case.

>> shepard: 16 counts. they didn't filed the charges. a garage jury -- >> each counts is each time he lied to them. 16 different times he interacted with them. each time told a lie or series of lies. the letter that he caused to be mailed to himself addressed to him at the fox studios in chicago is arguably mail fraud. being a deceptive instrument, a piece of paper in the mail, intending for people to rely on. >> shepard: that's on the feds. >> that's in the hands of the fbi. the fbi and the u.s. attorney in chicago will decide whether or not to prosecute. they have to be very careful here. they cannot prosecute just because they think he got away with it in the state case. they can't prosecute because he is very unpopular and everybody from the mayor to the police chief, the people in the streets are angry. they have to prosecute that they believe this is a serious federal issue that is worthy of the time of the federal courts. i suggest to you that's what they're analyzing as we speak.

>> shepard: what do you think? >> i don't think it's worthy of federal prosecution. but i predict he will be prosecuted. >> shepard: for the reasons you said they shouldn't prosecute him. >> yes. that's the system, shep. i'm sorry to say one of its worst intersections of law and politics in the city of chicago. >> shepard: judge, thank you. >> you're welcome. >> shepard: ask your kids to write their own report cards and they might show you straight as. that would have been the only straight as i ever had. i would have turned that in. what happens those when you ask an airplane maker, for example, to certify its own planes. that really is the question now on capitol hill. the feds talk about how the boeing jets that crashed were considered fit to fly. under what rules? why were they fit to fly? why after one fell from the sky and nose dived and killed everybody on board did they keep flying?

and then another one fell from the sky and nose dived and killed everybody on board. it's serious questions. they're coming up as our reporting continues on this wednesday afternoon. i really didn't expect to learn

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home values are rising. now's the time to use the va home loan benefit you earned with your service. go to newdayusa.com or call 1-800-406-4921 >> shepard: breaking news now. a live look on capitol hill where the man in charge of airline safety is set to testify about the fed's roll in certifying boeing's fastest selling aircraft after two of them crashed within six months of each other killing nearly 350 people. you'll have to explain why the federal aviation administration did not acting sooner. the acting faa chief will tell his lawmakers that his agency had a version of boeing's software fix in january for the 737 max. that is seven weeks before the ethiopian airlines crash. so could the faa have approved

the fix sooner allowing boeing to roll it out sooner and potentially preventing the second crash? earlier today the transportation secretary elaine chao testified on capitol hill. in doing so, she admitted the investigation raised troubling questions about the faa's dealings with company that regulate, companies including boeing. the faa let them certified their own plane for flight. secretary chao said it's questionable that some safety features that are add-ons that are extra instead of being standard. the 737 max 8 and 9 jets are grounded everywhere and now we're hearing how much that is costing airlines. southwest airlines. it reports it will account for a $150 million loss this quarter alone. then there's boeing. trying to get the planes flying again. it reports that its unveiling

the final software fix today. from there, we go to dan springer live in washington south of seattle in renton. dan? >> yeah, shep, we learned that boeing has been working on this software fix since october, after the lion air crash. as you mentioned, the faa got the details of this software fix back in january at least 1 1/2 months before that second fatal crash without admitting that this anti-stall system, the mcas system was the cause of the fatal accident. boeing announced today the all-important fix. it calls for two sensors to agree that the plane's attack angle is too high, not just one. it will only engage the system once. so pilots won't have to fight it once they have turned it off. a ceo for ethiopian airlines says the mcas system apparently was on and kept pushing the nose of the plane down. boeing executives say this fix will work. >> we're working with customers

and regulators around the world to restore faith in our industry and also to re-affirm our commitment to safety and to earning the truth of the flying public. >> shepard: the faa is on the hot seat for the way they certifies new planes. the allegation is that they have been too cozy with boeing and too accommodating as the certification process goes. so the faa says they will consult with regulators from other countries like canada, china and the european union before certifying boeing software fix. the faa will usually go it alone. as far as the process, the transportation secretary and aviation experts defending it today saying government regulators don't have the technical expertise to do the job. speculation is that the 737 max planes could be up and flying again by the end of april or perhaps as early as may. shep?

>> shepard: dan springer with us live. thank you. the transportation department's inspector general says the faa will make major changes to how it overseas aircraft construction with the goal to make sure the agency monitors the highest risk areas. licensed commercial pilot dan rose is with us now. after that first flight, after the first crash, dan, where was the faa? >> good question. they should have been on it at that point. looking at what was done in certification, reviewing how that fix came up what they looked at, what boeing told them about it. obviously demanding a fix on the fix. remember, the system, the ncis system is a fix for this uncharacteristic of the max. >> shepard: the reason for that is, they stretched the jet, moved the engines around. >> yeah. it's a 60-year-old design that they put through four iterations and 12 generations.

it's not -- it's stretched out, carrying more people, fuel, engines. they're trying to get the max out of the plane. it's without redesigning it and ended up being unstable. they put this fix, the ncas system and now they need another fix. >> shepard: secretary chao said we couldn't ground the planes unless we know something about the planes. if you ground them without factual evidence, how do you unground them. >> you can always -- >> shepard: i'm quoting here. >> i don't really buy that. their priority has to be safety. if you're going to present with a situation you don't know if it should be grounded or not, that's a serious question. the answer is err on the side of safety and caution. don't wait for another 150 people to become test pilots essentially and prove there is a problem with the system. >> shepard: is it a serious problem that the airlines are doing their own certification? what should be happening? >> well, airlines, manufacturers

to some extent are doing their own certification. sure, it's efficient obviously but also inherently conflicted as we'll see here. you remember the cogan plane crash. the pilot was signed off by another pilot. it's something that needs to be looked at carefully. >> shepard: they're on it sounds like. dan rose, thank you. >> my pleasure. >> shepard: there's been a bomb shell in britain yet again. live pictures in parliament where the prime minister, theresa may, is suggesting her days in her job are numbered. what the major shift in leadership could mean for the united states and the rest of the world next.

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she claimed to be a millionaire german heiress living a life of luxury, living in the big city. prosecutors say her real name is annika sorkin and she was from russia and didn't have millions. in fact, she didn't have a sent to her name and she swindled hundreds of thousands of dollars from people. now she's standing trial. her attorney says she's never intended to commit larceny and should be presumed innocent. laura ingle reporting live in new york. laura? >> this is a doozy. anna sorkin is in a courtroom right now facing grand larceny and theft of services charges. prosecutors say she convinced the wealthy that she was one of them while running a scam that many left -- left many people holding the bag. we're talking about banks, hotels and close friends were swept away by the sweet

20-year-old that talked her way into obtaining thousands of dollars in cash and goods. she's facing a total of six felony and four misdemeanor counts that could bring her a maximum of 91 years in prison if convicted. prosecutors with the manhattan district attorney's office said she swindled $275,000 over ten months, flaunting her fictional wealth to win people over. she wore pricey clothes and tipped drivers and door men with $100 bills. at one point, they said she chartered a play to the berkshire hathaway shareholders meeting in omaha, nebraska but never paid the $35,000 bill. once under investigation, prosecutors came to the conclusion that her scheme was to claim to be a well they german heiress with funds held a prone. she told others that her father was an oil baron.

he was really a former trucker. >> shepard: she could be deported, right? >> yes. she was been in jail since 2017. show will be facing deportation to germany regardless of the trial's outcome because she overstayed her visa. told her lawyer told the jury that sorkin believed she would have the funds to pay every person back. we've seen these photos from instagram. in her world, this is what her social circle did. she said people were fake, phone my and money was made on hype alone. >> thanks, laura. live in new york. if your birthday is today, happy birthday. here's your florida man headline, by the way. these five camera angles in the broward county courthouse in ft. lauderdale. let's focus on the upper right. an inmate, a florida man, walks up and punches a public defendner the head there. security took down the inmate.

the public defender taken to the hospital. no word on how she's doing or why the floor man punched her. the inmate was in court facing battery charges. >> the man accused of kidnapping jayme closs and killing her parents has pleaded guilty as he said he would. he's 21-year-old jake patterson charged now with homicide, kidnapping and armed burglary. he faces the rest of his life locked up. earlier this month, patterson told a minneapolis reporter that he would plead guilty so jayme closs would have to go through a trial. the smallest of mercies after the most unthinkable of crimes. police say patterson broke into the closs family home near barrow, wisconsin. they say he shot and kills jayme's parents and took her to a cabin where he kept her hidden under a bed. 88 days later, jayme closs

escaped. the defendant here, patterson, told police he decided to take jayme after seeing her get on a school bus. mike tobin with more. >> and patterson was insistent to make good on the promise to plead guilty and keep this case from going to trial. his attorney got it on the record that patterson's council explained that moving forward like this meant that normal due diligence would not happen. judge barber said he would forego he's right to face an accuser. he quizzed patterson to be certain he understood this means he's looking at the possibility of life in prison without a trial. in the past, patterson has been eerily calm, matter of fact. it was different when it came time to enter his plea. >> and upon conviction shall be sentenced imprisoned to life, how do you plead to that charge?

>> guilty. >> he pleaded guilty to two counts of intentional homicide to killing of jayme's parents and 40 years in prison. the intentional homicide charges carry sentences of life in prison. the armed burglary charge was dismissed. out of the courtroom, he spoke to his kidnapping victim and say bye jayme. >> shepard: president trump going after the affordable care act right now. he says he has a better plan. that's coming up.

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it's so bad this night in london that the prime minister theresa may now says she's offering to quit. she says she will leave in parliament signs off on her deal, which they have overwhelmingly rejected twice. she says it's a different complicates things further, members of parliament have taken over the agenda on may's agreement, which could adds more chaos. greg palkot live in london tonight. greg? >> hi, shep. yeah, the operative word is chaos. prime minister may offering to step down if her deal to exit

brexit through parliament. she made what one commentator called the ultimate political sacrific sacrifice. she didn't say when but after may 22, when is the new date set by the eu if the deal is done. as you noted, it's been voted down twice by the house of commons. it's not clear if the speaker of the house who runs things will allow it to be voted on again. more members of parliament are saying now that they will vote supports the deal. >> what the prime minister said is, she wants to step down to

allow a new approach in the second phase with brexit with the eu. that will take a few more years dealing with the details. yes, tonight parliament is voting on a couple of other possible approaches to brexit, but those are not binding. again, the vote on may's deal, shep, could happen as early as friday but maybe not until next week. then she would step down and then her conservative party would pick a new leader and a new prime minister. guess what? more chaos. back to you. >> shepard: president trump is pivoted from his victory lap over the mueller report to healthcare. today he called the affordable care act horrible and mounting a push to kill it off as republicans attempted to do more than 60 times but couldn't back when the numbers were more favorable in the house. sources tell fox news the president went against two of his own cabinet members before igniting a legal fight over obamacare. the trump administration

throwing support behind a ruling that would abolish the law with no known replacement at the ready that means millions and americans of americans would lose their health coverage and major protection. the president says republicans will come up with a better plan. one which no one has described. the fox business network's blake burman reporting live at the white house. blake? >> we heard the president reiterate americans cannot affo their health insurance at this point. the white house says that the president does support covering pre-existing conditions and a plan put forth by republican senators bill christmas did and lindsay graham that would give states control of healthcare policies through block grants. so far the white house is short on specifics on what a

replacement package would look like. with the president simply saying today, they're working on it. >> we're coming up with plans, we have a lawsuit right now going where phase one of the lawsuit terminates obamacare. terminates obamacare. if the supreme court rules that obamacare is out, we will have a plan that is far better than obamacare. >> sources tell fox the new attorney general bill barr and alex azar opposed this shift in policy to say the entirety of obamacare should be tossed. the sources say at the end of the day, it was the voice of the white house and president trump that won out. >> shepard: how are the attorney general and his secretary respond something. >> we reached out to both offices. let's start out with the spokesperson for the health and human services secretary alex azar because they're flatly

denying that he opposes the move. they say that a spokesperson for the department of justice says they don't talk about internal deliberations and talked about a statement from monday that reads -- >> there was a report today that first came out from the website axios that phone. when mccarthy was asked by reporters about this, he did not specifically answer whether or not he told the president just

that. other countries support guaido on the left, but russia is among those backing the disputed president, nicholas maduro on the right. a russian spokesperson saying troops have every right to be there. our state department correspondent rich edson is live now. secretary pompeo weighing in on this? >> he is. secretary pompeo says he has spoken a few times to his

russian counterpart and the united states will not stand by as russia exacerbates tensions. >> tolerate these foreigners come to run their security services. as a former u.s. army officer it would be embarrassing if another country had to provide security for the leadership of our country. >> of its military presence of about 100 troops in venezuela and of u.s. criticism, russia responded saying -- >> russia said they're in venezuela under the invitation of the legitimate government there, which russia says is nicholas maduro. cuba also recognizes the transi

there. shep? >> shepard: rich edson. thanks. the united nations security council holding an emergency meeting later today about president trump's decision to recognize the golan heights as part of israel. syrian officials requested this meeting and called the united states move a flagrant move of the u.n. israel took control of that territory in the war in 1967 and annexed it in 1981. all 28 members of the european

union have rejected the united states decision on the golan heights and five gulf states condemned it. analysts warn that this could complicate the mideast peace plan. russia is now using the u.s. decision to justify its land grab in crimea. all of this while israel's military stands along the border with the gaza where hamas is in control. a cease fire appears to be holding after two days of rocket fire and air strikes across the border. our chief correspondent jonathan hunt repositioned himself along the border. jonathan? >> it's calm for now. tough to make out in this darkness. but the pin pricks of light you might see behind me is a line of israeli tanks just north of the border with gaza. the fact that these troops are positioned here, even though some of the positioning may have

been preplanned is a sign that prime minister netanyahu is sending a signal that if hamas fires more rockets from gaza at israel, this will prove to be the calm before a military storm. that aimed at hamas and its leadership as were the strikes in gaza earlier this week destroying the offices of hamas leader. she came out of hiding tied and sent out his own message to israel. >> palestinian people here especially gaza show more support for the resistance every time. they will continue marching in the return in protests and will stick to the resistance and their rights and principles. >> the israeli strikes followed a rocket attack from gaza on monday that destroyed a house outside tel aviv and injuring

seven members of one family. further rockets were fired last night. further strikes came in response to that. but for now, the peace is holding however fragile it might be. we learned in the last couple hours, an egyptian team of negotiators entered gaza hoping to secure a longer term cease fire, shep. >> shepard: jonathan hunt live. up next, a big powerball jackpot up for grabs. but first, ever drive with somebody that is always telling you to slow down? what if your car asked you the same thing and hit the breaks for you? starting in 2022, all cars in europe will have speed limiting technology with other safety features. seems that cars would recognize speed limits using gps systems and traffic signs. and then slow your roll where they see fit.

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>> shepard: fox urgent. in a couple minutes, president trump will award the nation's highest military honor to an american soldier that gave his life to save his fellow troops. lucas tomlinson reporting live from the pentagon. lucas? >> shep, army staff sergeant travis atkins killed in 2007 when he dived on a suicide bomber and saved the life of three army soldiers according to his citation. his mother described what he saw her son do before he went to

iraq. >> you know, just always realized that some of them are not going to come back. >> no living member of the u.s. military has received a medal of honor from the iraq war. today is no exception. atkins father said he was on patrol looking for a captured american soldier when the unit spotted the two insurgents. he left his humvee to investigate and realized that one had a suicide vest. by diving on the bomber, he saved the life of three other american soldiers. 2007 was the deadliest year in the iraq war. 767 americans were killed, 85% from the u.s. army. atkins left the military but rejoined. he said his civilian life didn't do it for him, shep. >> shepard: thanks, lucas. the final bell is ringing on

wall street. the dow today is do you know about 30 points. the medal of honor ceremony is coming up on fox news channel. "your world" with neil cavuto is next on deck. he have complete coverage of that ceremony beginning now. >> neil: all right. this is something that puts wall street making money in its proper perspective. your looking live at the east room of the white house. president trump is getting ready to award the medal of honor. every time he's done this, travis atkins died on june 1, 2007 while fighting a suicide bomber in hand-to-hand combat saving his team and all of his buddies in the process. we'll bring you that ceremony live when it hams. his parents are there and his son will accept the honor for his now deceased dad. meantime, democrats in washington are doubling down on what happens now with