>> i'm not actually that bearish. i think we're starting to see stabilization. >> that sit. thanks for joining us and have a great weekend. >> gregg: this is a fox news alert. we're awaiting a news conference from the national transportation safety board. officials are expected to gi an update on the deadly midair collision over the hudson river. i'm gregg jarrett. >> julie: i'm julie banderas. the associated presses recording the police department has located wreckage from the small plane that slammed into a tour khp chopper yesterday. so far divers have pulled five bodies from the waters. another four are believed to be missing. they recovered a pete's sightseeing helicopter. three people aboard the plane have been identified as members of a pennsylvania family. laura ingle is in new jersey and joins us live with the latest on

the recovery effort. >> we are getting word that the search for the small plane that has been going on all day long and they have found the small aircraft just a little north of where we witnessed the helicopter coming out, at least part of it a short time ago. we had dramatic type tape of when the dievsz found the plane using a large crane off a huge boat. they were able to get that crane into the water, use almost like a fishing line going down. hooking it around the fuselage of the helicopter and bringing it up. just before earlier today we witnessed from the shore at least two bodies being pulled from the water. loaded into a metal wire basket and brought aboard the main search boat. we are waiting for this press

conference. n.t.s.b. is held us off all day long to give us official confirmation of the bodies. we know they are gathering facts talking with other investigators. they are all gathering and expected to give us an update within the hour. >> we understand the victims' family members have been called to the medical examiner's office. >> yes i've been talking to people over there. when there are incidents in the hudson river, it's kind of a decision of which shore are they going to. the wreckage of the plane and helicopter being brought to new jersey and bodies are being taken to new york. medical examiner's nosts manhattan has been handling that and victims' family members from the italian group were there last night. today the pilot of the helicopter, his family was there to identify the body and receive chaplains.

we understand that more family members, the family from pennsylvania was expected to thereby at noon today. >> julie: laura ingle, thank you very much. >> gregg: divers are scanning the hudson river for bodies and wreckage. they are facing a difficult task. it will be their job to find out why this disaster happened. ahead of the national transportation safety board she is not sure if the aircraft was equipped with black boxes or our recordings devices. investigators may have to rely on eyewitness accounts. join us now is aviation expert, an aircraft accident investigator. mr. kelly thanks for being with us. the mayor was the first to say that the fixed wing aircraft basically flew into the back of the helicopter. that seems to be borne out by all of the eyewitness accounts including some photographs.

so the obvious question, but the most important one is -- how could that happen? how could a pilot of a plane that is paying attention fly in the back of a helicopter? >> well, it's pretty easy because the plane is a low wing airplane. your visibility is down and slightly forward is a greatly decreased. you are always looking out the window but you are looking at the panel to check some of your instruments. >> gregg: if the pilot's blind spot is below him, does that suggest to you he was perhaps descending? >> no. he could be obviously. the helicopter could be climbing either one. just the fact that it was low wing airplane and visibility below him, he could have been distracted enough to get in close to the helicopter so he

couldn't see it and flown in to it. the question i would have, very first question i would have were they under positive control. were they talking to controllers who had radar and if they didn't have radar, did they warn them about each other? were they not under positive control and if they weren't, why not? in that area they should have been under positive control. >> gregg: as you know it's not mandatory to be in contact with other aircraft nor is it mandatory to be in touch with air traffic control nearby. visual rules rule along the corridor here. is that a flaw in the system? >> it depends on what kind of control zone that area is. even if they are on a flight plan, they still should be, maybe be required to be in touch with the radar controller.

>> gregg: i talked to vice chair of the n.t.s.b. yesterday. and we also talked to two veteran pilots in that area, both choppers and fixed wing. that is not mandatory, none of that is mandatory, recommended and suggested and common practice but not mandatory. doesn't it need to be mandatory? >> i would have to see the chart for the area. it depends on exactly where they were. common sense says both pilots should have been in touch with somebody on the radio talking to them getting the advantage of having a radar. if they weren't. it was mistake. >> gregg: look, we now know that another helicopter pilot was trying to warn both pilots if not for sure the helicopter pilot and either the pilot thought heard it was too late. which invites the question, what

was he doing? maybe the helicopter pilot was doing part of his job, giving a tour but a sightseeing tour. maybe he was pointing out certain sites and wasn't listening to a common frequency. >> that is very possible. these tour helicopters, especially have got a history of having accidents, neonl in hawaii but the grand canyon, in the new york area. part of the reason is exactly that. the pilot is expected a lot of times to give an ongoing description of what they are seeing and may not monitored the proper frequencies. but if he was in that area where they were in, a tremendous amount of traffic they should have been monitoring frequency and should have been talking to some kind of radar control. >> again it's not mandatory, all day long, we are were the air all day yesterday and talked to

officials and it's just not mandatory. last time i was out on the hudson i was astonished, all of the air traffic, it is a busy corridor, choppers and fixed wing planes. shouldn't there be different attitudes, choppers that fly slower and maybe there should be a ceiling for choppers and above that, a floor for the fixed wings? >> well, there should be and may very well be already. it depends on what kind of a control zone they were in. there is a tremendous amount of traffic. you have departures and frifls la guardia and from teterboro and couple of small airports in the area. that area is very busy. if they don't have it already, they should have some kind of mandatory --. >> gregg: there isn't. we talked to all these experts

yesterday and they said. there is no ceiling, there is no floor. they are not separate. they should be because they are dramatically aircraft and they both have blind spots that can lead incaptor bli to crashes like the one we saw yesterday. if both planes were equipped with anti-collision devices, i have one on my car, but should we move to a system of anti-collision devices that alerts piles to that what they cannot see. >> it would be great, the problem is the weights and the amount of space the equipment takes place. for a light helicopter or lighted airplane would be prohibitive. it would save a lot of lives.

i don't see that happening anytime soon. i think you're going to have a tremendous amount of resistance to put in mandatory altitude restrictions in that area from the various organizations that lighted airplane pilots belong. to this was an accident that didn't have to happen. whether it's mandatory or not, these piles should have been in touch with a controller or someone that had a radar set in front of them. >> obviously if someone tried to warn the helicopter pilot, he was distracted. >> one wonders where a has been in all this. n.t.s.b. has offered up more than a dozen recommendations for that very area to improve safety so this would not happen. faa has refused or otherwise declined to implement those safety recommendations. is now the time?

>> of course it is. the problem is n.t.s.b. is much smaller than the faa and faa doesn't take immediate actions on what the n.t.s.b. recommends. i'm sure there are some groups that are oh potion had to restrictions in that area. faa is very political. so they're not going to have the restrictions they need to have for that air stays. >> gregg: it is political, it's wrong to have politics trump human life. >> it happens all the time. >> maybe the faa under the federal tortd claims act should be sued for wrongful death instances and other instances. we'll debate that coming up. >> we're still waiting for the n.t.s.b. for the deadly collision the moment it begins we'll be bringing it to you.

>> julie: i'll be speaking with a licensed pilot. he has flown the area. many many times and he tells us the new york air traffic control is far too busy to monitor the small aircraft in the area. everyone that flies in the area is expected to maintain an altitude apparently below a thousand feet and stay clear of the clouds and look out for other air traffic. that is part of the visual flight rules he says. so it's interesting and address your points about your mandatory rules that should be mandatory in larger aircraft. >> absolutely. what did difference does it make to have this kind of technology could have prevented yesterday's deadly crashing. >> gregg: it's as piston irk if the faza if it is true ignore a dozen safety recommendations that are applicable to this very

tragic situation. >> julie: this pilot says that apparently there have not been enough deaths. that is a quoted. which is shocking. what are they waiting for. how many people have to die. >> gregg: a massive lawsuit is to light a fire. i do and in the very same way some of the madoff victims are suing the se can c for negligence, faaz might be sued here. >> julie: n.t.s.b. we are awaited nag news conference. they will be providing us with updates. as soon as they step in front of the podium we will to go it live midwest a police chase ends in tragedy and family left devastated. a police pulled over a dodge for a routine traffic violation. driver sped offer and that is when the suspect's car slammed into a pickup truck carrying a couple and their five children.

all five kids were killed. they ranged in age from one-year-old to eight. both parents were injured. all three men inside the fleeing car also tied died. >> we're getting new details about the deadly crash in washington, d.c. lasts june. federal investigators have now learned the safety mechanism to avoid train collisions had a history of malfunctions. the automatic train system failed last march during a near collision. disaster was averted because the train operator manually applied the emergency brake. three months later, two other metro trains killed nine people and injuring more than 70 others. >> congress may object recess but the health care debate is still heating up. >> we're following the gets and tell whaus is going on this

weekend. how aj debris are the people. i know some have turned violent. >> they are plenty angry. most of them are not violent in plenty of cases because there are uniformed police officers on hand. they are fired up even more. listen to this, this is tom harkin in iowa and reaction what he says. >> they resort to scare tactics, information on obstruction. there was a nasty coordinated meeting to interrupt meetings like that, i don't expect that to happen here. we don't do that kind of stuff. >> how dare you claim that i'm part of a conspiracy. >> they turned into a phone meetings after a death threat to his office on friday. >> how are lawmakers reacting?

>> most republicans are staying out of the way. some enjoying their opponents getting screamed at but mitch mcconnell has an issue with democrats that conservative groups. the people showing up at these things, are worried about medicare. >> and congress lashed out at a constituent that asked him about health care reform. >> you are talking about david 2009. he was at a meeting about a highway project. at the end of the meeting they said okay you can ask questions. congressman scott said the people in the audience were trying to hijack the event. here he is. >> not a single one of you had the decency to call my office and set up for a meetings. okay? then do that, do that, but don't

come and take advantage of what these individuals have done. you want a meeting with me on health care, i'll give it to you. >> the question was from a doctor that lived in his district. >> julie: thank you very much. >> gregg: president obama on his way to mexico with the first summit with our neighborhoods from the north and south p then on canada, trade disputes are expected to top the agenda. major garrett is live in mexico where air force one is going to be fousmg down in a couple of hours the last time the president was in mexico, it was big issue now it's swine flu. >> this is going to be a summit

between three doongs. it's going to try to build a stronger communication networks both medically about what all three countries agree is going to be a public healthcare crisis come the fall. it's going to be a huge issue this fall. think about this, gregg, 300,000 people cross the u.s. canadian border. one million people crosses mexico to us every year. you can't contain this virus. they had a four page supplements handed out to everyone. what is the human clue, its virus, respiratory influenza. it also says it's curable if you get to it early and get the proper treatment. also they handed out masks. no one is wearing them, it's a precaution. it's august, there is not a lot

of flu but the precautions are being taken and the public awareness campaign is full throttle here in mexico. >> gregg: major, thanks very much. >> we air waiting that news update from the n.t.s.b., national transportation safety board into the deadly midair collision over the hudson river yesterday. we just received a two-minute warning which is sometimes reliable and quite honestly it is not. but we're going to be taking this live. >> julie: there is late information according to the new york city police. they have located the wreckage of the small plane that crashed into that helicopter. one of the plane's wings was clipped. but because of the speed both

aircraft was traveling the two aircraft literally crumbled, were shredded by impact. chief police spokesperson says the plane's fuselage is north of the helicopter crash site off of hoboken, held by the n.t.s.b. is going in fact it's going to begin right now. chairman of the n.t.s.b. addressing the media. let's listen. be good afternoon. i'm the chairman of the national transportation safety board.

good afternoon. i'm here to provide you an update on the first 24 hours of the n.t.s.b.'s investigation on the scene. i would like to begin by extending our condolences on behalf of the safety board to all of those that have lost loved ones in this tragic accident. it coushd august 8th shorter shortly before noon. it involved a piper pa-32 also known as a lance. single-engine piston airplane registered in pennsylvania. second aircraft was a 1997 euro

copter, the tur bin helicopter registered to meridian incorporated and operated by liberty tours. after the collision both aircraft fell into the hudson. this morning we held our organizational meeting and we established the parties for accident investigation. n.t.s.b. uses a party system to conduct our accident investigation. those parties that can provide expertise and provide technical information to our investigators. the parties investigating are the union that represents the controller, liberty tours, the operator of the helicopter, euro copter.

turbo the engine manufacturer for the helicopter and piper the manufacturer of the pa-323. >> i would like to begin by stating we have received incredible cooperation from all of the federal, state and local responders. we've got the coastguard on the scene. the army corps of engineers, new york police department, fire department of new york, hoboken police and fire departments. port authority, the f.b.i. and both medical examiner's offices in new york city and in new jersey. the director of new york city medical examiner's office mr. frank depaulo and dr. perez of new jersey medical examiner's office. seven victims have been

recovered. there was an interagency meeting at 7:00 a.m. this morgue. all of those sbtsz that i just mentioned have been working in a cooperative fashion on both sides of the river, 7:00 new jersey, 7:00 new york organizational meetings were held. >> this is live via stream box is we're having a technical glitch. that was the n.t.s.b. chair, we'll go back to her. debby who has announced seven victims have been recovered. two bodies are still missing. nine people were killed. coastguard is still on the scene and army corps of engineers and fire department, medical examiner offices. let's take a listen. >> our investigators have advised me that the helicopter

sustained significant damage. they are going to be conducting further examination of the wreckage to determine what pieces may be missing on the pier and they have an opportunity to go over it. 6. the recovery efforts i'm going to focus on the piper now, sonar has revealed a number of promising targets. the divers are working to confirm whether those targets might be the airplane. they'll work on recovery of the airplane. the helicopter was manufactured in 1997, it has seating capacity for seven persons. the left front seat is the pilot's seat. there is a right front bench for two passengers can sit and there is a rear bench for four

passengers. the helicopter was equipped with emergency slope on the skids of the helicopter. those need to be deployed manually. liberty shepts paid in linden, new jersey, they have been in operation since 1986. they have 12 helicopters on their operating certificate and they do not have any fixed aircraft on their operating certificate. the helicopter pilot was born in december 1976. he possesses a current medical certificate and he also possesses a commercial pilot's certificate with two ratings, for helicopter and the other for instrument helicopter. he was hired in february of 2008 by liberty tours at the time he was hired he reported 1800

hours. since he was hired he has flown 900 additional hours bringing his total flight time to around 2700 hours. he had his most recent check ride in this aircraft in february of 2009 the the actual flight was going to be a big apple tour and the collision occurred shortly after the helicopter west the 30th street heliport the airplane --. >> gregg: the important pointed she mentioned is that the liberty helicopter, we apologize for the interruption. it had to have the floats that are down below. it had to be manually deployed by the pilot and may not have been time to do that.

>> julie: and we're learning more about the helicopter pilot. a young guy but certified with more than one pilot's license. apparently this was a 12-minute big apple tour. these helicopter rights are short. this accident happened shortly after the helicopter took off from the west 30th street heliport. >> gregg: it may have been possible that the chopper was still gaining in altitude as presumably the fixed wing plane may have been descending, having taken off from teterboro airport. it's curious if it's heading to new jersey, why was it along the corridor. that is not the shortest routed. >> julie: there are a lot of facts. in the next hour i'm going show the flight plans when they are

hugged to ocean city. this plane was bait off course. -- this plane was a bit off course. >> seven victims have been recovered. >> julie: two are still missing. we'll have much more from the n.t.s.b. in a moment from now. moving on now, for the health occasion debate. august recess, time for members of congress to go back home and reconnect with constituents, when it comes to the debate over health care reform, are they getting more than they bargained for? citizens for and against the plan. is it possible to have a civil dits course on health care reform. let's ask a republican from california and martin frost, texas congressman.

thank you gentlemen for talking to us. so congressman frosted it's interested some democrats are putting the blame on republicans saying they are staging some of these protests that these health care townhall meetings. what do you think about that? >> i just remember in 1993, 1994 when i was in congress, right after we had the big budget vote with clinton, we had some pretty hot townhall meetings. people have a right to come and express their views. they don't have a right to stand up and yell and scream and prevent other people from talking. hopefully as august goes on, members of congress will figure out how to conduct these so people can be heard. probably what they need to do is schedule them for two or three hours and make sure they have a big enough room. no one has a right to create a

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continue this debate. congressman first of all explain to us why people are so angry and what republicans want at the end of all of this? >> i don't think it's republicans that are so angry. i think it's independents, democrats and republicans. it's a townhall meeting i held, i had people from all over. many, many workers explained their opposition saying they were concerned that logically, if there is a federal option for health care, than what is it going to happen, the employer is going to transfer them out of their current insurance on to the federal option. anybody who writing about holiday care, they are saying they wish the president would be straightforward on this. the reality you are going to have as much as 70% of those who

currently have a policy with the employer potentially will end up in the public option. this is what people opposed. to they are concerned about the spending. many identified theysz as democrats or independents. i think it's across the special trum, they are angry they don't field they had inputted into this debate. many told me, one fellow said, he said i called my senator's office and i never got a call back. >> julie: it seems they are a bit counter productive. when you have a roomful of angry people shouting and yelling i'm not sure the message is getting across. congress was given basically an august recess to figure this out. at this point it doesn't seem like they have figured it out and it doesn't seem to be making any movement. what is the solution because

they are supposed to figure this out come september. >> i would hope most members of the congress and senate will spend time listening to their constituents. i would hope people would calm down so you can have the kind of discussion. it doesn't sound like people were screaming and hollering. i don't know i would agree with everything but they had treated say it. something is fundamentally wrong here they can towing a public meeting and shout down people they don't agree with. that is not good for our society. i would hope this kuays down. this is type of thing, maybe you want to have a two or three hour townhall meeting so people have enough time to express their views. maybe you'll announce you'll have a sign-in sheet. they get called.

there are ways to do this. >> julie: congressman, i want you to reacted sarah palin's comments she made on facebook. she wrote on her facebook page, the america i know and love is not my baby with downs syndrome will have to stand in front of a death panel where they are worry >> these are strong words from a former republican governor. i don't know. i think a lot of people are concerned it's making the gop look bad. >> listen, here is the concern i heard from my constituents. they are worried about the cancer survival rates in the u.k. where you have a national health board, here for prostate

cancer, but this affects people's lives. when people's own lies are being affected and they feel they are not being heard, they will lash out. hold the town meetings. the reason so many people are angry, they call into the senator's office and they are not being listened to or nobody is returning their call. second, when you do hold a town meeting, go to the senator population first. we're going to hear from the senators first. tell them you're going stay long enough to hear from everybody. people are just afraid that they are not going to be listened to. so there is a sense of desperation they know how few senators and house members are holding these town meetings. lastly, let's encourage these fruys and then discusses the

information, have a free flow debate going on. i just think it's concern they are not going to be heard. >> crazy statements like sarah palin don't help at all. >> julie: that was my question. thank you very much for talking to us. >> gregg: only to be counter by nancy pelosi's comments. fair and balanced. some young americans are getting an important lesson to protect our nation's borders. they are learned to on the field training, all part of a program sponsored by the boy scouts of america. supervised by the u.s. border patrol. agents hope this they can inspire young people to take on the responsibility of a lifetime. casey siegle is joining us from beautiful san diego with more. >> hey, gregg, it is a big responsibility. they have one of the most important and dangerous jobs in this country.

that is protecting america's borders. would you believe there are about 20,000 u.s. border patrol agents in this country that are monitoring what comes in and out of our borders every single day. obviously with all of that manpower needed. department of homeland security is constantly looking for new recruits. so more and more of them now coming out of the learning for life explorer program sponsored by the boy scouts of america, high school students get a chance to experience a border patrol training academy. the ideal to teach them life skills but to get them up close and personal with real border patrol agents and a real scenarios they encounter. >> we have classes in ethics and integrity, moral and safety. they learn how to be part of a team, team building exercises and then they participate in

training classes for specific categories, marijuana field raid or a hot spot. >> this is not just specific to southern california. roughly 1 have 145,000 go through the program every single year and u.s. border patrol cannot give us a number of how many graduates physicallying on to become agents but they tell us more and more are signing up to learn what it takes protect and serve this great country. >> gregg: casey, thanks very much. >> julie: the economy showing signs of life this week. national unemployment rated falling slightly to 9.4%. on wall street, the dow and s&p 500 closed at nine-month highs. if americans don't feel confident to open up their

wallets soon, could we see a backslide. joining us is is khashlsz. do you think the stock market will backslide? >> i think there is a disconnect between the stock market and economy. the stock market is some sort of mechanism and it can be six months ahead of the economy. you have so many smart money managers you could actually see some panic buying in the days and weeks ahead. >> the july sales tax that consumers are not as conflict on main street. at first i think cash for clunkers seemed to excite consumers but they ran out of money. what is it going to take to increase consumer confidence consideration spending is doing

1.2%. >> as far as the cash for clunkers bill, we're going to have to wait a few months to say what that did. the idea was to spark the so called animal spirit in consumers. if. the idea is buy a new car and start shong for other things. people are worried we're taking away from future car sales but retaillight season and maybe a holiday shopping season. we're celebrating cash for clunkers it could turn out to be a clunker itself. >> julie: all right charles payne, thank you very much. >> gregg: kharlgsz is a swell guy. >> julie: i don't remember when i heard somebody use the word swell in a sentence. >> gregg: what are you laughing

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>> gregg: health care debate is raging on. at the end of the day, we want the best possible care for the least amount of money necessary. our next guest has ideas on how to do that including the reduction of medical fraud. in fact barry johnson has built

much of his career on fighting medical fraud. founder and president of health care insight. thanks for being with us. how rampant is health care fraud and waste. how much does it costs us every year? >> the number so big most of us can't conceive of it. let me break it down. it's estimated to be about $270 billion a year. if you can't think about that, think about it in materials of almost $7800 million a day, almost half a million dollars a minute. in the time it took me to drive here, it cost us about $31 million in health care fraud. >> what kind of fraud? >> all types of fraud. there is everything from schemes that are organized by organized crime rings. you see a lot of that in florida and new jersey and new york and california.

all the way down to the individual provider, individual doctor in his own office who may decide because rates are too low first, add another service i can increase my reimbursement for what i'm doing. >> criminals are pretty good at this stuff including organized crime. are we capable of catching it and eliminating it and if so, how? >> we're capable now, if there was more emphasis on it, it's interested ngtd heath care debated, there was a lot of emphasis back in march. you have experts like professor mal come sparrow he ho has been long time advocate to use more technology to stop health care fraud. right now medicaid and medicare is pay and chase them mode. they know the things are happening instead of stopping them before they paid, they have

to do audits and find the perpetrators of the fraud. manes of these organized rings are hit and miss operations where they think when they are going to be detected they disappear. >> gregg: we do have the technology to stop. quick question -- i consider fraud some of the tort liability do we need to engage in strict tort reform especially on limits on liability for medical malpractice. maybe i have a bias as a defense attorney but go ahead? >> we absolutely do. if we can stop fraud and get tortd reform. malpractice insurance impacts in several ways, impacts in cost of services and availability of providers to provide care. if you an ob/gyn in florida so

you start limit yrg practice. >> i wanted to ask you about service but my list goes on. please come back on and we can talk about those subjects, as well. >> new signs of americans may be more confident about the economy but is it enough for folks to end up opening their wallets and spend. this is my verizon small business specialist, tom. now, i know the catering business but when i walked in here i wasn't sure what i needed. i'm not sure what i need. tom showed me how to use mifi

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rasmussen up highest so far. >> up 18 points, those numbers are pretty important. scott rasmussen joins us a he always does on sundays. to what do you attribute this dramatic change? >> first you have to keep it in perspective. confidence is getting better. we're almost back to the level of confidence we had just before lehman brothers collapsed and the jobs report was a big part of it. also we're seeing a little bit of news along wait that people are saying okay. maybe there is some hope for the nation's economy. right now 32% say the economy is getting better. that is up from 10% at the beginning of the year. >> julie: i'm looking at your polls here, didn't you find that a majority think the economy

stinks? >> that's right. consumer confidence is better but not good. only 12% is excellent, majority are saying poor. a little more optimistic about the economy overall, perhaps the most significant number, only 20% say their own personal finances be getting better but that has barely moved. so there is a long way to go. >> gregg: i think stinks is a technicality term that you use. >> that is a technical term. >> nancy pelosi is calling insurance carriers villians. >> 25% agree with the house speaker, 37% don't. i think the poll has bad news for everybody. insurance company shouldn't like the fact that that merely four out of ten people aren't sure. by the way, not surprising its big partisan break down,

democrats more likely to agree with pelosi. >> gregg: she blames insurance companies the majority oppose the option. >> tomorrow we have new numbers coming out. what to do people fear most. insurance companies or the federal government. >> gregg: interesting. all right. scott rasmussen. >> julie: we love reading your poll. we always look forward to you. you can find him on twitter must seven poll. >> gregg: and the n.t.s.b. con firj that seven bodies from yesterday's midair collision have, indeed, been recovered. we're going to have a live report. we're going talk to a pilot about some of the safety concerns now being raised about one of the busiest flight corridors in the nation.

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captioning by, closed captioning services, inc. >> julie: so, welcome back i'm julie bandaras. >> gregg: having trouble with your name? i'm gregg jarrett, real or manufactured? democrats and republicans trading jabs on citizens responsible for all of the anger, and seen the town hall meetings over the health care reform. >> julie: president obama will fly to mexico in a little over an hour from now for his first summit of north american leaders. also known as the three amigos summit. what the meeting of the leaders of mexico, canada and the u.s. may not be so applicable, we'll have a live report. >> gregg: and police find the site seeing chopper involved in yesterday's horrible collision over the hudson river and the bodies of 7 of the victims also

recovered. laura ingle is live as she was all day yesterday, in hoboken, new jersey, across from the manhattan skyline where the ntsb wrapped up the latest news conference. what can you tell us? into this was one of the most significant news conferences we've seen with ntsb with maps an grids, about what investigator have been able to find so far and 7 bodies had been recovered from the crash site and there are two more left to be found, now, earlier, just about an hour ago, we had heard from the inside, that divers have located the small plane wreckage in the hudson river and when i asked the ntsb chairperson if that was true she said she couldn't confirm it though she said that divers and the side sonar boats that are being used to try to recover that small aircraft have positive leads and we know the area where the small plane may

have been located is north of where the helicopter was pulled out today, or at least the main part of it. i think we have video to show you of that dramatic moment, that we have waited for all day. to see if they could pull the wreckage out of the water and as we saw it was a mangled mess, and that discovery and the pullout of the helicopter, game a short while after we witnessed two bodies being pulled out of the river today. and, them, wrapped in body bags an take over to the manhattan side of the hudson river where the medical examiner's team are working to identify rose bodies, and we understand the victims' families have been gathered over at the office on the manhattan side, having that very grim task today, one can only imagine what all of them are going through, but, especially, the family members of the italian tourists, who were in that helicopter, who were standing by on the shore, watching it go off in what was supposed to be we've learned a 12-minute big apple tour of the

hudson area, and the corridor, going off to see the statue of liberty and such and they, unfortunately watched it and today, and later, last night, had to go and identify the bodies. now to bring you up to speed on what is happening here, investigators will continue their work from what we have been told most likely until the sun goes down and behind me we have been watching the boats circle around the green bay field however most of the dive boats have departed and we're not sure if they are on a break or coming back but we'll let you know the progress of that and the investigation, communication is also the big thing everybody here is talking about, what type of communication was required between the helicopter pilot and that small aircraft, the pilot there, apparently, there are no real requirement and that is being looked into, the ntsb says they'll let us know after they come up with the cause of the crash and -- and those requirement need to be changed. gregg. >> gregg: live from hoboken, a very sad story. >> julie: the deadly crash is

raising new concerns about one of the nation's heaviest air corridors, federal aviation experts say it's not the first time they've wonnered about this need for more regulation that the area and one possible mandate that kaye from you o tragedy is a requirement for more safety devices in a small, private aircraft. i'm joined now by dj frost, a licensed pilot, familiar with the aerospace that runs along new york's busy hudson river and you yourself have flown the exact same flight path many, many times. what is wrong? >> well, julie, like you talked about, the collision avoidance system that we have in all the big jets as a commercial pilot, we have that and what that does is, it tells us when another plane is approaching, it can either tell us to climb or descend and gives us a warning when a collision is imminent and they don't require that on the helicopters or smaller aircrafts and that is a big problem. >> julie: a huge problem and gregg talked to somebody last hour about why isn't it

mandatory? i don't understand why the same rules don't apply for a smaller aircraft as for a larger commercial airliner, they are flying up in the air, despite their size, this sort of equipment should be mandatory. the question is, why hasn't the faa made it mandatory? >> well, i have said it before on this program, sometimes it is about tombstone mentality and tombstone regulation and until enough people die the costs will justify saving more lives and that is how the faa rules many times unfortunately. >> julie: that is so despicable to me. to hear those words... you know, apparently, not enough people have died. and it will be interesting to see if there is a major lawsuit out of this whole thing which we'll debated coming up and moment with a couple of lawyers but the single engine piper pa-32, saratoga and the plane, let's talk about and the flight path and took off from teterburo

en route to ocean city, new jersey, there is the plane, the tail number n71mc and the flight path, you look, a normal flight plan to ocean city from teterburo, you can see that actually flying over the hudson would not be so direct and a pilot source of mine told me yesterday and i'm quoting him, it makes me wonder if the plane pilot was a new pilot, and got lost, or if it was meant tor him/her to fly over the hudson like that. dj, what is your take? >> well, what happens, is in the new york corridor there, what a lot of pilot do, we get the vfr departure, visual flight rules and we have to maintain our own separation from other aircraft. now the reason he did that was, sometimes it is a hassle to get an instrument flight panel from new york travel control and you have to get in line with the other jets and wait for your slot to take off and he's ahead on the visual flight plan rule that day and may not have had an

instrument rating, i haven't heard, i'm not sure, and may have been why he took the direct route to avoid the instrument rules that had to be in effect to travel that route around new york city that day. >> julie: commercial airlines file under ifr, instrument fly rules and there is an air traffic controller watching each and every flight and the smaller fixed-wing aircraft fly under as you said the vfr, visual flight rules and are the not watched by anyone, why is that? >> that is a see and be seen for the pilots flying in that area and actually it is like if you are going somewhere and avoid the traffic light and the air traffic controllers are busy and if they can keep the aircraft below 1,000 feet they don't interfere with the larger traffic going in and out of the arptsdz and it is a busy corridor and normally people go ahead and take off, go north or south along the hudson river with no problem and this is a

very unusual circumstance today, yes. >> julie: and airliners have the tcas the traffic collision avoidance system which has -- radar can see all other planes in the air with a transponder and i'm just reading something that you told our booker, when they asked you to come on today, shocking to me, the rules in new york city, with so much air traffic is as follows: you say the new york air traffic control is far too busy to continuously monitor the small air traffic in the area, meaning, there is no air traffic control, and, everyone that flies in the area is expected to maintain an altitude below 1,000 feet and stay clear of the clouds, and look out for other air traffic. that seems ridiculous. >> exactly. well, normally it works fine and that is why this is an unusual circumstance. if we had to implement more control it could cost more money not only another faa to impose more air traffic control and radar below a thousand feet, it will be a very difficult thing to enforce, because, there are a

lot of private pilots that choose to fly and that is part of living in this country, we do have freedom of flight for visual flight rules and one of the things that makes flying more affordable and able for people to do and just to go to small, small jumps, but, yeah, this is unfortunate. >> julie: costs more money? i'm sorry. i don't care how much it costs, if it will prevent, you know, people dying, then why not? it is like when you're in a car you have to pay for car insurance in order to cover potentially the injury of not just you and your passengers but other passengers, each pilot should be responsible for other passengers and other planes and these airtrans ponders should be there. i... i don't think money should be an issue, why is money -- >> absolutely, i agree. >> julie: whee is money keeping this from going through? i don't understand. >> yeah, because they can retrofit the aircraft for the newer transponder and i'm not sure of the cost and the rule needs to be looked at and the

ntsb will implement or suggest new rules to the faa that need to be looked at more closely, and many times, the faa is in a position of whether to get -- enforce safety or promote commerce and help people with the commerce of aviation and the business of aviation, make money and stay process psperous. >> julie: and i don't know many poor people that own private planes, so, really, money should not be the issue and that is just a poor, poor excuse. dj frost, thank you very much for your interesting in sight into all of that. thank you. >> you're welcome, and pilot dj frost is my blog if anybody needs help with fear of flying and wants to know more about aviation go to pilotdjfrost.com. >> julie: we'll check it out, thank you very much, gregg. >> gregg: in north carolina, pretty anxious moments for about 150 passengers on board a northwest airlines jet, not long

ago, their plane had to make and managers landing. the problem was caused by a blown engine and it happened near the raleigh-durham airport this morning, the flight was headed for minneapolis when the pilot heard a loud boom. one young pans jer reported seeing flames shooting out of the engine but the pilot able to turn it around landing the plane safely within 20 minutes and nobody was injured. and outrage over health care reform, it is growing and growing, town hall meetings across the nation turning down right hostile in some vases, violent, not many, but some and furious crowds vetting their anger over the massive overhaul plan floated around by congress and the white house. listen to this: >> who sent me here? i sent myself! how dare you -- how dare you claim that i'm part of a conspiracy! how dare you! >> the majority is against this plan! the majority is against this

plan! >> caroline shivley is following a rather heated debate and reaction to it, another round of town halls this weekend, caroline. what is the reaction from constituents? >> reporter: they are -- the crowds are even bigger and angrier than last weekend, gregg, listen to two stitch went at a town hall for democratic senator tom harkin of iowa. on both sides of the issue, the first man talks about indian reservations, where health care is already provided by the federal government. >> you get indian reservations correct, we ain't gonna do anything. >> why don't you go home. >> why don't you go home! you go home! >> how dare you! >> reporter: and in that meeting harkin spoke about what he called the nationally coordinated effort to disrupt the meetings and that is something people on the other side dispute, gregg. >> gregg: i have been reading about meetings that are being cancelled, because of all of this. what about that? >> reporter: well, some members

of congress have turned some of these in-person town haums into virtual meeting and do it over the phone potentially because of safety concerns and that was the case in washington state congressman brian baird and got a death threat faxed to his office on friday. and another case, some opponents say members are cancelling these town halls because that don't like this images of themselves getting screamed at on the nightly news, or being downloaded thousands of times, from the internet, gregg? >> gregg: how are lawmakers who oppose the democratic health care bills reacting to all of this? and not just the blue dogs but there are many other democrats against it as well. >> they are reacting cautiously and most of them are just staying out of the way and senate republican leader mitch mcconnell has an issue with democrats' claim conservative groups are bussing in opponents to these town halls and he says he thinks the people showing up at these things are in many cases the elderly worrying about cuts in medicare and he says they certainly are not organized, gregg? >> gregg: all right. caroline shivley live in

washington, thanks. >> julie: north american summit about to get underway in mexico and the president left for the overnight trip earlier this afternoon, and is expected to land in guadalajara in just about two hours and will meet with mexico's president filipe calderon and canadian prime minister stephen harper and major garrett is a step ahead in guadalajara there waiting for the president to arrive and what will the topics be at the meeting. >> reporter: they'll talk about a lot of things but don't expect big result from the summit, all three nations basically said there are tough issues and they will not get resolved and will be put off to more talks in september and the toughest issues will not be resolved until the end of the year and what they're two toughest issues? one involves mexican trucks bringing cargo or the mexicans would like to bring cargo across the u.s. border and a pilot program was cancelled recently by congress, and after that cancellation, the mexican

government slapped $2.4 billion in tariffs on 90 different u.s. products. now those tariffs had begun to bite, julie and some of the u.s.eu.s. e ers cannot come in and the prices are rising because of the tariffs and they say it will be a tough issue and remain tough for several months and the government hopes to have a resolution by the end of the year and the other issue dealing with trade in the north during the stimulus debate in the bill, now a law, some buy american things which disallows the canadian government and canadian manufacturers from selling products in the u.s. involved in stimulus projects. and the canadians don't like that and they say it violates u.s. and international trade agreement and the white house disputes that and that will be talked about here, and no resolution on that trade front either. >> julie: major are talks on mexican truck disputes and free trade with canada likely to yield result? >> reporter: no.

as i just said those are the two big issues and will not get resolved here and one other quick thing the president's only going to be here 19 hours, and he trimmed back his schedule for this three-nation summit, why? because he wants to sort of convey the message to mexico, and canada and others who might be paying attention he doesn't think summits they're ways to resolve these issues and would like to spend less time on photo op driven summit and that is why he cut short his schedule. >> julie: i want to know how the president feels about this summits, is a fan? >> reporter: generally speaking, no. he thinks generally speaking, summits can achieve some positive result, but there are too many of them and would fall into the too many category. >> julie: all right, major garrett, thank you very, very much. gregg? >> gregg: devastating typhoon battering china, dozens are missing, feared dead, new videotape into fox news, typhoon unleashing powerful winds and torrential rain and triggering

the woors flooding in taiwan in 50 years, the massive storm snapping bridges and toppling houses and flooding villages and sending nearly a million people running for their lives and others never got out in time, and they are now still trapped by riding waters, at least one child has been killed inside a house collapse. we have been keeping our eye on the storm brewing in the pacific and didn't know about it. it is tropical storm felicia and downgraded now from a hurricane, this morning, but is still likely to bring pretty heavy rain, flash flooding to the hawaiian islands, and severe weather also causing problems in plymouth, minnesota, last night, a possible twister touching down, up rooting trees and damaging several homes, even businesses. and, also, in hawaii, people are bracing for hurricane felicia as we mentioned, backtracking a little bit. a u-turn for me here. accu-weather's nicky from weather center joins us, now, and tell us about this?

>> thanks, gregg, well, i want to ease the troubles of people who are really worried about tropical storm felicia because as it gets a little closer to hawaii because it is moving over the cool waters it is wa weakening and we expect it to be a remnant low by the time it gets to monday night into tuesday and we have to watch for the potential for heavy flooding and the rough surf, stay out of the social, surfers and as we talk about the severe threat you mentioned across america, of course that is a big deal for today. several severe thunderstorm watches in effect and i'm get to that in a moment and let's talk about why we have a dome of heat and along the ridge of the heat, severe weather is erupting front central plains on in through the northeast with potentially impacts like gusts up to 60 miles per hour, and tornadic activity and flooding and hail and you can see where all of the severe thunderstorm watches are in effect and we have several of them, one from eastern iowa through lake michigan until 6:00 central time and western, and central new york, northern pennsylvania, until 7:00 p.m.

and then across much of northeast, talking about northeastern maryland, new jersey, central pennsylvania, all until 10:00 p.m. eastern, and we have to keep a close eye on these storms and the other big story across this northeast, is the heat! finally feels like summer, goodness, if you walk outside it is sweltering and by monday, those real-feel temperature extending from boston down into the mid-atlantic, in the triple digits. now, back to you, gregg. >> gregg: nicky, thanks very much. julie. >> julie: is the cash for clunkers program back firing on charities? it is designed to refuel our economy but when we come back, we'll tell you why the car rebate program is turning out to be a real lemon for the homeless. cloths clean

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>> julie: now you a chick of today's top stories, the debate over health care continues and so does this outrage at town hall meetings across the country, angry crowds venting their anger, over the massive overhaul plan, and there were even reports of the violence at some of these things and president obama, due in guadalajara mexico a short time from now attending a north american summit with mexico's president filipe calderon and canadian prime minister stephen harper and the three leaders will be talking trade among other issues. and the search for the victims of yesterday's mid-air collision over new york's hudson river continues, 7 bodies have been pulled from the water and another two are still missing. divers have also located parts of the torn helicopter involved in the -- tour helicopter involved in the crash and we'll talk about this with our legal panel and we wanted to hear from you, should victims' families be able to sue the faa for wrongful death under fed for the claims act?

that was the question you wanted to pose. >> gregg: i tweeted that. >> julie: a. >> julie: and we wanted people to give us a shout on twitter.com/julie bandaras or gregg jarrett whether the victim's families have a right to sue and they should. >> gregg: there is a clause in the act and i think they can do it. we'll debate that. all right, so, washington has gone on august break. although some people think they are always on break... but nevertheless! lots of frustration and anger over health care reach and slow movement on the economy. two things that sent the president's approval numbers to new lows and should he use this time to regroup and michael goodwin is on vacation this week, so, we are joined by somebody who is just as good, our fox news contributor and democratic pollster, dug shone and you wrote a terrific column entitled "obama needs a new blueprint." and we'll get to your recommendations, in a second, but, you know what? i asked the brain room to pull

last five presidents approval ratings as of this time, august 8th, roughly. in their first terms. carter, reagan, george herbert walker bush, clinton, g. w. bush and obama is almost as bad as clintons and you were there -- clinton's and you worked for clinton. does this mean that obama could be potentially politically on the ropes? >> absolutely. he needs a deal on health care, and he needs it quickly and ideally it would be bipartisan but if not he needs democratic consensus, around a set of core principles, because, the violence and the heated argument you are seeing and you are showing is real, gregg, and bottom line, he is heading in the wrong direction and heading there quickly. >> gregg: put up on the screen what you wrote. i'll quote you: "the reason for all of this is simple: more obama, despite his popularity is proposing policies that are out of sync with a

right-center electorate." and then you cite, effectively, polling data that proveser point and you propose he draw up a new blueprint that emphasizes things like growth, low taxes, fiscal prudence, common sense policies and what should those policies be. >> first we need to create jobs with the private sector and we need to stimulate small business and use tax incentives to grow the economy and not do what health care does which is to penalize people with more taxes, if in fact they don't have the resources to provide the jobs americans need. and, fundamentally, the policies on health care need to be centrist and they need to be incremental and on expanding care and recognize preexisting conditions, and portability and roll out a public option and we -- rule out a public option and we do that we can get consensus. >> gregg: rule out a public option and maybe go for co ops, and abandoning the higher taxes

and he will not do that, it would be eating crow and it is not in his nature to do that, is it. >> it was the house democrats who really pushed the high tax note, and i think the president still can forge a consensus, with a moderate -- moderates in the house, blue dogs and moderates in the senate, both democratic and republican. and i think, gregg there is the possibility, but you're right. if he doesn't do it quickly he could be heading in the wrong way, very, very quickly gofrj. >> gregg: do you think this is a president trying to do too much, too soon, too many big things the first few months. >> i think he is trying do too much too soon and he was afraid his approval ratings would drop and he had to get things done when he had the political capital to persuade people but, bottom line, unless he gets health care done, this month or in september, we could be in for a long political seen for president barack obama and his administration. >> gregg: let me go back to tax and you point out in your

column, small business expansion, he needs to focus on that. and i talk with a prominent member of the chamber of commerce this week, national chamber of commerce and he said there is only one way to do that and that is to cut taxes so that small businesses can hire more people, expand their businesses, and grow and that is a long-term solution to sustained gdp growth for the economy. again, that is anathema to president obama's mindset and his policies. >> well, it shouldn't be, because, research by the kaufman foundation has shown we come out of recession when small businesses create jobs and the only way small business can make it is in a low tax pro-growth environment and something we don't have now. >> gregg: and, you know, stimulus money being spent to build you know, a new runway in indiana, which is a true story, i mean, they finished the runway and now those guys are unemployed and just a band-aid, a temporary fix, and in the long

run, could make recovery more difficult. >> that is true because we need not growth in public sector jobs but private sector jobs, and that is how you grow an economy. >> gregg: great column, obama needs a new blueprint and everybody can read that column in the fox forum, go to web westbound and click on the "opinions" tab. >> thank you so much, gregg. >> julie: a police is cha in california, comes to a horrible end. 8 people died in iraq, five of them children and wait until you hear the tragic details. that led to the deadly seen. taking its rightful place

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>> julie: the bottom of the hour and time for the top of the news, recovery crews have found the bodies of 7 victims from the deadly mid-air collision over new york's hudson river as well as the wreckage from the tour chopper involved in the weekend's crash. >> gregg: confrontations at town hall meetings taking place all over the country and constituents confronting lawmakers about health care reform. there are new questions now, about whether these are real show downs or set-ups. >> julie: and the california prison still on lockdown at this hour, after a riot that cents 40 inmates to the hospital. no word on what started the riot, the california institution for men in chino. .

>> gregg: disturbing developments on the school captured by the taliban, the private first class was last seen in a videotape released by the taliban, this is a still picture of the videotape and now a top taliban leader saying his fate depends on america's response to their demands. and connor powell in kabul with more now, on what those demands may be and the u.s. military's next move. >> reporter: gregg it has been more than three weeks since we received any news about the private and last seen in a taliban propaganda video and today a top taliban commander in pakistan told "the associated press" the taliban was waiting to here from the u.s. government before deciding the fate of the 23-year-old missing soldier. the taliban is threatening to kill the private but says it will release him if the u.s. stops airstrikes in western pakistan, and international troops leave afghanistan. u.s. military says it will not negotiate with the taliban. and instead has vowed to use all

available resources to find the missing soldier. the taliban did not declare a timeline regarding a response from the u.s. government, nor did they release any information proving he is still alive though intelligence officials do believe he's still alive, and they are hopeful they'll find him soon. gregg? >> gregg: connor powell, thanks very much in kabul, afghanistan. now, to new evidence, that the top taliban leader's death, the white house national security advisor, james jones saying today, the united states is nearly certain that taliban boss baitullah mehsud is dead after an airstrike and now there is a leadership struggle, a violent one within the terrorist group itself. >> chris: is baitullah mehsud, the leader of the taliban inside pakistan, dead. >> we think so. the pakistani government has believed -- believes that he is, and all evidence that we have suggests that. but, there are reports from the

-- from the masoud organization that he is not but we think that it looks like he is. >> gregg: he was a thug and murderer and much feared in pakistan and blamed for assassinating the former prime minister, benazir bhutto and investigators linking him to last year's suicide attack at the marriott hotel in islamabad and remember his death is not 100% confirmed but if it turns out to be true, military officials say this is a tremendous set back for the taliban. >> julie: secretary of state hillary clinton says the time may be running out for iran to take up the u.s. offer to negotiate over the nuclear program. and in an interview that aired today, secretary clinton said the window for negotiations is not going to be held open forever. and she also said that in retrospect she felt the u.s. handled the fallout from the relicks r

re-election of mahmoud ahmadinejad pretty well and regardless of feelings about the process the u.s. had little choice but to deal with the government run by mahmoud ahmadinejad. 1. >> we're under no illusions, we were under no illusions before their elections, that we can get the kind of engagement we are seeking. >> secretary clinton was not asked, by the way about the americans detained in iran now but u.s. national security advisor jim jones said today, the u.s. has sent a strong message urging the release, and jones confirmed that shaken bauer, sarah showered and joshua fatall were arrested hiking near a waterfall in the kurdish region and the three have been moved to tehran which could be a bad sign the detention could drag on and the iraqi foreign minister said today he has met with the iranian ambassador to iraq and is hopeful of a release. >> gregg: this baghdad a sign the government forces are main taking a upper hand over violent

insurgents and iraqi troops began dismantling concrete slabs from around the capital city. >> julie: they were once needed to protect people and buildings from car bombs but the government wants to assure citizens they no longer have to fear such threats and david piper joins us from baghdad with more. >> reporter: yes, the protective blast walls are finally come down here in baghdad and the iraqi government announced this week the blast walls were being dismantled across the capital within 40 days and today, cranes were on the streets beginning to up root those 20 foot high barricades. and they were very much the symbol of the iraqi capital since the end of the war, and the threat of the suicide bombers began. and they started as protection for the green zone, but spread across the capital, particularly let's la the last two years and we drove around the city, all we saw were concrete walls, seen as it way

to protect people and reduce the violent but many iraqis viewed them as a dreadful blight on the city which separated neighborhoods for the past two years and some were completely walled off and people could only visit them if they had proof of residence or a special i.d. it is a very brave move because there has been an upsurge in attacks over the past few days. back to you, julie. >> julie: david piper, thank you, gregg. >> gregg: an update on eunice kennedy shriver, still in a hospital in critical condition, 88 years old and suffered a series of strokes the last few years and her family we're told is by her side including her son-in-law, governor arnold schwarzenegger and he is married to shriver's daughter, marie shriver, seen her leaving the hospital over the course of the weekend. and at least that this is governor. and she is this sister of the late president john f. kennedy. and she's best known for cofounding the special olympics back in 1968, what a wonderful

program, and has helped millions and millions of people and she has spent decades helping mentally challenged people in a variety of ways. all right, the price at the pump, have you noticed lately, jumped up during the last couple of weeks according to the national lundberg survey released today the average price of a gallon of gas went up 16 cents, to $2.64, and hey, there is good news, the price is 1.20 less than it was a year ago. at this time. lest we forget. and charleton, south carolina has the cheapest gas in the country and $2.38. and let's drive down there! while honolulu, hawaii, the highest at $3.07. >> julie: in california, a police chase end with the deaths of 7 people, four of them were little children. and it happened just southeast of fresno, cops say it was caused by a driver trying to out run the law. and instead his car slammed into a truck, carrying a family of 7.

casey steegel joins you live now from california. with the tragic details. hi, casey. >> reporter: julie, a tragedy indeed, we are following at this hour and what is more we are learning that all four children were not wearing seatbelts, they were not in car seats, and, this accident could have in fact been avoided. we're hearing from california highway patrol, that it all started as troopers tried to execute a traffic stop, they tried pulling over the driver of a dodge neon near fresno, california, at about 2:00 local time, yesterday afternoon. about 5:00 eastern. officers had reason to believe that that car was in fact stolen, three people inside the neon at the time, and as authorities tried to make that stop, that is when we understand the driver led police on a small chase, through a residential area, blew through a stop sign and slamming into a pickup trucks, carrying a family. four children were thrown from the truck, all tied, a three-year-old boy and three girls.

ages 1, 4, and 7. again, none of them wearing seatbelt, none of them in car seats. and the parents were critically injured. the three adult inside that dodge neon were also killed. now, it is not clear how long the pursuit lasted, but, of course a tragedy like this raises a lot of questions about the safety of police chases, and whether or not they are even worth it. and many departments around the country have band their officers from pursuing a suspect unless the public is intermediate danger. by the way the last ten years more than 3,000 people have died, around this country, during such pursuits, a tragic story and again, one julie officers say may have been avoided if these kids were wearing seatbelts. back to you in new york. >> julie: casey steegel, thank you very much. gregg. >> gregg: designed with the best of intentions, talk about the cash for clunkers program... supposed to help americans afford brand-new cars, better ones and keep detroit's assembly lines in operation as well, and

of course make the air we are breathing a lot cleaner but the car program does have a downside, for at least one california charity, that is trying to help the homeless and people who run mission salono say that depend on the donated old cars to generate cash for the poor and with the cash for clunkers program in gear few donations are now coming their way, small price to pay. >> julie: safety experts have been warning the faa for years about this kind of tragedy that happened over the hudson river yesterday. too many aircraft, too many flight plans, overcrowded city skies, and why the faa, which is responsible with keeping our airways safe could be on the hook legally for millions to the families of the hudson river victims and the question is, should victims' families sue the faa for wrongful death under the federal for the claims act? our legal panel weighs in, next. come on, girls with limp, lifeless hair...

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starting at the roots, your hair lifts a and away. look at all this body. and that's gonna last all day. [ stacy ] a little expert advice. full, thick-looking results the leading salon brand can't beat. full & thick from pantene. hehealthy makes it happen. >> gregg: top stories we're following, dive teams in new york's hudson river recovering two more bodies today in the mid-air collision between the small plane and helicopter, nine people feared dead after a private plane collided in mid-air with sight-seeing helicopter that was carrying a group of it italian tourists. >> julie: five children in a car crash during a police chase in fresno, california, and police were apparently chasing down several suspects and their car ran a stop sign smashing in

pickup truck carrying the family and the parents survived the crash, can you believe that and in the meantime the children are dead and the three men in sneading car were killed. >> gregg: president obama's national security advisor says kim jong-il indicated he wants a better relationship with the u.s. and the comments were made on "fox news sunday" and said this communist leader spent more than three hours talking to president bill clinton stressing better ties with this u.s. last week and the tragic mid-air collision over the hudson river putting squarely the spotlight on the on-demand sites when companies are hired to fly aircraft seating less than 30 people. >> julie: the flights like the ones involved in yesterday's tragedy lightly regulated, in fact the faa has not acted on 16 safety recommendations, made by the ntsb, in the past 7 years, in dealing with the for-hire industry. none.

so, can the families of the hudson collision victims sue the faa for negligence? weighing in is our legal panel, former prosecutor julia morrow, and fox news legal analyst mercedes colwin. first of all, i can't even believe we are talking about this many violations and nothing has been done about it, the question is, could these victims' families sue the federal government, could the federal government face liability. >> mercedes. >> julie, what -- sure, i mean, looking at the federal for the claims act is really pivotal, because it seems to say, clearly, that there might be immunity here, for the faa, believe or it not, because in the act itself it says whatever discretionary act, a federal regulatory body might do, or might not do, that would still insulate them from liability. so, looking at that statute, in and of itself probably lends the final answer, which faa may actually take a pass here. >> gregg: julia, i reread the for the claims act, that is how

weird my life is... but i -- [laughter]. >> gregg: the for the claims act protects discretionary decisions of government employees, as longs you a are a government employee and engaging in ordinary and necessary an discretionary decision making, even if you make a mistake in that discretionary decision making you are protected. you have governmental immune, sovereign immunity but ignoring 16 safety recommendations, by the ntsb, completely ignoring them, isn't that beyond discretionary decision making? >> well, gregg, here's the problem. under this schematic which governs the interworkings of the agencies, the faa and ntsb the faa is not obligated to put into effect any of the ntsb's recommendations. i mean, it is shocking, all they have to do, all this faa is

obligated to do is consider the safety recommendations of the ntsb... >> gregg: and -- >> in a timely fashion, but they're the only ones with the power, gregg and under the law they don't even have to. it is totally discretionary and sadly, there is a really powerful lobby group, the aircraft owners and pilots association, a huge worldwide organization, that the fa is extremely deferential to and that group is against regulations and they are against restrictions and, they are out to make money and they are the ones who have the fa's ear, note nt intchlt and that is a sad state of affairs. >> julie: you said one case that you found in which the faa was sued and what was the outcome? >> i mean, surprisingly the court said there really isn't any showing the faa waived its immune and the court gave the faa a pass and it was a similar circumstance where there was a crash, similar to the one that we're talking about today. so, unless the faa gives up its

immunity which we know will not happen, they will likely pass any of these types of claims -- >> gregg: julia, i want you -- >> besides the immunity argument, the faa may say causation here, we didn't cause the accident, pilot error and -- >> gregg: and the madoff victims, had all of the the evidence of a ponzi scheme and they ignored it. isn't the same thing applicable here, arguably, to the faa? >> well, the problem is, gregg, despite the fact that all of these planes are constantly flying in close proximity with one another and there are all of these on-demand flights, yes. there are accidental but is there a certain acceptable margin for error that allows the faa to continue on without accepting the safety recommendations whereas in the madoff situation, these people were completely asleep at the switch. this guy was running roughshod, violating every regulation there was, and no one did a darned thing, here it is the faa, just

isn't make the things regulations and they should be but under the law they don't have to. >> gregg: they may have been asleep at the switch, i'll bet you guys, dollars to doughnuts, a good plaintiffs attorney will take the case on, mercedes colwin and julia morrow, two terrific lawyers in their own right, thanks for being with us. >> thanks, gregg. >> thanks, julie. >> julie: a lot of people on twitter agree they should sue and have the trite sue. >> gregg: you cannot ignore that many safety recommendations, otherwise why is this ntsb there, it is summertime and warm summer nights also can mean... pesky mosquitoes! don't you hate those things, we'll tell you how you will avoid this from happening to you! >> charlie! oh, charlie, charlie! you all want to run your businesses more efficiently, so we've brought in a team of experts to help. one suggestion is to make your shipping more efficient with priority mail flat rate boxes from the postal service.

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>> gregg: outside, a beautiful

day but it's hot and a little stick and that means mosquitoes, of course and why is it that some mosquitoes look at some people and say, feed me! and other people are -- manage to avoid the bites. >> julie: dr. levine is here with us and will tell us how to keep mosquitoes at bay. and dr. levine, why don't you come and join us. >> hello. >> julie: i see you brought a prop, we love props, and i feel short. go ahead. what is this prop for and, i guess, why is it some people attract mosquitoes more than others. >> when my kids ask me i say because i think they are sweet and that is why they like them, but the reality is, there probably is a genetic reason for why the mosquitoes like some people and not others, we haven't really nailed exactly what that reason is, there are a lot of theorys and some people think it has to do with the amount of carbon dioxide you breathe out our or your blood type or metabolize cholesterol and there is a wide variety of why potentially it could be and

the important thing is prevention, and that is my prop. >> dave: this has d.e.e.t. in it. >> insect repellent and it contains d.e.e.t. and you want to look at the percentage and it is written small on the can and this is 30% d.e.e.t. and that sounds like a lot but, actually the american academy of pediatrics will approve up to 30% d.e.e.t. for children two months and up and even with a young baby, going outside you want to protect them from the mosquitoes you can use d.e.e.t. >> gregg: you don't think it is carcinogenic and it is safe. >> if you do one application, a day and you wash it off when they come inside, it is actually okay. now, if you find a product that doesn't have 30%, because this is the deep woods, which really has the highest percentage of d.e.e.t. you can use 10% d.e.e.t. but it won't last as long and if you are going on a camping trip, you want to up the concentration. >> julie: it repels mosquitoes that may carry west nile virus which is extremely important here in new york and connecticut and new jersey and the tri-state

area, west nile virus is a huge concern. do all bug sprays protect you from west nile. >> all that have d.e.e.t. d.e.e.t. will protect you -- there are other kinds. >> julie: there are other that's are not protective. >> some d but not all of them, the skin so soft has a different ingredient and you want to be sure if you are in a place with west nile mosquitoes are protecting yourself. >> gregg: now you have to stay away from stagnant water because that is where they breed, right. >> exactly. >> gregg: and what about perfumes. >> my recommendation is if you are in the country, enjoy nature and don't spray on hairspray or perfume or use fragrant types of moisturizers and stagnant water, around bird baths and streams and likes because you can get bitten that way. >> julie: i feel a lot of people don't use bug spray when they should and i personally don't and never use it. and i want to ask the people behind us, how many of you put on bug spray today, curious?

not so much, why is that? because it is smells? these the reason i've heard of. >> gregg: there aren't many mosquitoes in manhattan, there isn't a lot of -- ew! there is not a lot of stagnant water here. let me ask you, don't you have a cortisone -- where is that. >> back there. >> gregg: throw it to you, will you? because, my daughters went to the adirondacks recently and got consumed, and i want to know and this is what you recommend. >> what i like, a hide cortisone and 1% and if you put it on twice a day on the insect bites it will decrease the itch. >> gregg: if you drink cider and vinegar, this is what a friend of my wife's told me, she never gets bitten. >> i think it's worth the try. >> julie: a myth -- >> gregg: i think her name was bunny. i haven't met her. she was up there with them and it didn't -- and didn't get bit. >> she may be one of those people who doesn't get bitten.

>> gregg: thanks as always, we appreciate it. >> julie: interesting. all right, and now, smell that. does it smell bad. >> gregg: he's giving us ten seconds. eww! >> julie: see you on the fox report, 7:00 eastern. >> gregg: on my beautiful cuff links! julie! quality and reliability...

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