>> ef inserted the tool this morning. it's working as planned and slowly increasing the rate that's coming from the riser tool to the surface. we do have oil and gas coming to the ship now. we do have a flair burning off the gas and we have the oil that's coming to the ship going to the search tank. we will be looking to optimize this over the next couple days to try to produce as much of the oil and gaz as we can from this. we will just learns we go in this approach. >> that was ken wells bp senior executive vice president today announcing the first major step toward containing the gushing under water well. i am kimberly guilfoyle in for geraldo. this is a fox news alert. after multiple failed attempts to stop the flow bp

officials say workers were finally able to insert a mile long tube and begin siphoning oil from the busted well to the tanker on the surface. it is still only a partial flicks that could slow the leak but it won't actually stop it. david lee miller is in venice, louisiana. >> for the first time in weeks bp had good news but oil continues to bush -- gush into the gulf. insertion of the tube into the leaking ty pipe is successfully siphoning off some of the oil but won't say how much. add add complication a second but smaller lake has not been addressed. efforts are underway to completely seal off the well heads. in know development scientists spent two weeks on a research vessel from the gulf reports finding what they believe are large plumes of under water oil. the areas surrounding the plumes have lower than normal levels of oxygen and that could pose a threat to marine life.

more testing will have to be done. as the cleanup continues tomorrow the senate homeland security and government tal affairs committee will hold a hearing on the nation's response to the spill scheduled to attend bp's american president. kimberly? >> david thanks. craig rivera joins me with an in-depth look at how that spill could happen again. >> two months before the deep water horizon spill 19 members of congress called on the agency that over seas offshore oil drilling to investigate a whistleblower's complaints about the bp owned atlantis another offshore oil rig which is stationed in 7,000 feet of water more than the 150 miles south of new orleans. >> last year the environmental watch dog group food and water watch learned from a whistleblower as a contractor for bp he discovered the atlantic platform was operating without safety documentation.

item a bp data base showed it didn't have the required engineer approved and up to date documents for 90 percent of the drawings for the below water components. experts compare running an oil rig with flawed and missing documentation to cooking a dinner without the complete recipe. more than 6,000 documents did not have engineer approval including those for pipelines, flow lines, well heads and other important systems. with shut down procedures out of date engineers wouldn't know what to do if something went down. 90 pes of the welding specification lacked final engineering approval calling into question the safety of the wells. the organization says they have strong evidence that the atlantic platform is a disaster waiting to happen and the horizon oil spill wasn't just a freak accident. >> now bp didn't sponged to our

calls on these allegations but in a letter written to congress in january their attorney said quote the company is compliant with all federal requirements and atlantis has been operating so safely it received an mms award. they went on to say bp has reviewed the allegations and found them to be unsubstantiated. these are all pretty damming allegations if true a disaster on the atlantis could be 10 times worse than what happened on the horizon. plus keep in mind the atlantis platform was built the same way deep water horizon was. in two-days it could be the exxon valdez all over again. >> a lot of legitimate fear and concern about this. this is occurring without proper regulations and proper over sight and measures in place to make sure this doesn't happen. >> exactly. >> we are going to have in studio with craig and i special guest senior staff attorney who

reviewed the documents that blue the wri whistle on the other bp rigging crisis craig just told us about zac via satellite. welcome to the program. tell us about the allegations that are made. >> yes. well a whistleblower came to us in this summer, summer of last year actually and told us that a large percentage of documents, critical drawings were abc se a. they were not engineer approved for atlantis platform at that time he brought forward an internal e-mail that revealed management itself was aware the failure to have these documents could leader to catastrophic operator or. >> compare for us atlantis to the horizon? how do the two compare? >> sure. so -- this is not to diminish

the serious catastrophe unfolding right now in the gulf of mexico with the deep water horizon the explosion and sinki sinking, but the atlantis platform is in far deeper water almost 1 and a half times deeper water and currently producing 200 thousand barrels of oil per day. in just two-days there could be an oil spill. this is from bp's own documents that would be greater than the exxon val disease. an explosion or a leak that would be many times larger than what we are seeing right now in the gulf of mexico. >> tell us about the whistleblower how did he come forward and how was he treated when he did come forward?

>> his name is ken abbott and he came forward or he was hired in august, 2008. he was hired to manage the document for the atlantis platform. when he discovered there were such great document deficiencies he went to management, he worked with them to try to correct the problem, and he was faced with consultant resistance. in early 2009 his contract was ended and he went forward to the department of the interior minute merle management the agency charged with regulating offshore platforms. he also brought forward these allegations to bp's independent om budsman's office. at that point in time the department of interior mms did

absolutely nothing. it wasn't until almost a year later after 19 congress members submitted this letter as you noted that actually the department of interior decided it was going to launch an investigation. >> thanks, zac. >> thanks for joining us. we are going to take a look at the political ramifications of the bp spill. we have conservative columnist and political analyst andrea tartera here. radio host bill press and former federal prosecutor doug burns. welcome to the panel. >> i am going to begin with you. what do you think about the political ramificatioramificati? >> this obviously changes the game a lot. you heard barack obama last week bring this back to washington. you heard him start to blame the bush administration, blame washington for this and throw blame at bp now these hearings are really going to explode you are going to look back and say what did bp do to stop this? you heard about department of

interior. who dropped the ball and now it's back on washington and expect this to get more and more politicized. >> bill i am going to talk to you about this. what do you think? you think this is something that will be catastrophic for the obama administration whether this has been handled well or not? >> oh, look, this is bad news all of the way around. i was with the white house on friday when the president came out angrily condemning bp the fact at that point now we were 27 days they were 25 on friday from the spill we didn't know exactly what happened it was still leaking and nobody knew how to fix it. bp didn't have an emergency plan in place. he was equally critical and angry with the federal agencies as we talked with mms of interior department which did not do the environmental rehave yous it was supposed to did no do the inspections we were told of and were on the side of the

oil companies here. this is bad news all of the way around. the real news is there will be no more offshore oil drilling. obama's plan to drift off the atlantic coast is dead on arrival. >> dead in the water literally. >> right no pun intended. >> every pun intended. >> i agree when you get a disaster at this level there will be all kinds of finger pointing. you have the oil company and government regulators. i have to give a down the middle voice of reason. this is a complicated matter and i would want to look at the thousands of documents involved to make an intelligent determination of what happened. >> does this mean the obama administration will get involved with the regulators and do what they did with the banks with the oil companies? is is this the trend that will happen? i think bill press is right. i think he's right when he talks

about offshore drilling being a messy situation for both republicans and obama. you can expect if he didn't come out a couple weeks ago in favor of oil drilling saying it was safe he would be lamb bahsing republicans and lamb bahsing the entire industry. this is a pattern with british petroleum. >> we have to leave it right there. andrea doug please stand by. more on the efforts to keep the oil spill from taking control of the gulf. ♪ [ male announcer ] try fixodent with a time-released formula. use just once per day for dawn-to-dark hold. it is important to use the product as directed. fixodent and forget it.

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>> i did not appreciate what i considered to be a ridiculous speckle during the congressional hearings into in matter. executives of bp and halliburton falling over each other to point the finger to blame somebody else. >> the new plan called the jump shot that's where we shoot a pile of garbage at the leak and

try to plug it up. >> that one wasn't failed yet but we are confident it will. >> american people couldn't have been impressed with that display and i certainly wasn't. >> with obama scolding corporate executives over who is responsible for the devastating oil spill the blame game is now in full effect. even after the leak is stopped and the spill is contained you know what we are looking at? years of litigation. back to me to discuss this is fox news political analyst andrea tartas and doug. lots of money years of litigation. >> first of all you have regulatory agencies that are going to be involved obviously epa and other federal agencies. you could have lawsuits. remember exxon val disease sadly it's the situation you are contemplati

contemplating. it will take away a lot of bp's ability to maybe function pro r properly on a day-to-day basis. >> bp had traditionally enjoyed friend of the environment not so much any more. we are going to have to pay for it. >> i think the question with doug one of the first places to start is bp going to pay all of the costs of co roo recovery ang this leak. are they going to pay the costs for the cleanup and economic damages to the restaurant and fisherman down on the gulf. the $75 million limit has to go. it has to be raised to whatever it is. i am not sure bp could survive the cost of the cleanup. >> in terms of the economic ramification as well. >> that was the exact question i asked during the break how can they survive and be competitive

and continue to do business in the united states. kimberly you can't just lob blame at the oil industry. bp has a pattern of this kind of thing. you saw thunder voice the texas city refinery alaskan pipeline. these are a series of events that happened under bp's watch they are responsible for. there is plenty of blame to go around. bp as a company has a lot of explaining to do. >> what stunned me they had no plan in place obviously. they had to build the dome from scratch. if the dome was the way to go why sdcht they have a dome standing by ready to go out there. they went to the top hat thing and then the jump shot. it is like they are grasping for straws. >> they are shopping for a solution on home shopping network or qvc. i think they should be heavily penalized for this. >> no question about it.

bp will bear the brunt of it. not to be a broken record i think it will damage them big time. >> this is a political year. this is a political year so you have drudge right now breaking the lead story saying obama administration gave this rig the safety award last year. expect a lot of blame to go around and grandstanding in these hearings. >> it will be hard to pin this on either party. the rate was approved under the bush administration. i have not heard president obama blame george bush. i don't know where you got that from. he has been tough on federal agencies under bush under him. >> they were not doing their b job>> and the finger pointing continues. i would like to ask our panel to stand by one more time. when we return the controversy brewing over president obama to pay for the next supreme court justice. elena kag began's remarks on the

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>> the very fact she led the effort which was repudiated unanimously by the sum prepare court to block the military from law school we are in two wars and i would see no reason why you would appoint an anti military justice or anti military supreme court justice. for her to single out the military was a bad position. >>est gingrich high pyperbole i no one would support that. i don't support the don't ask don't tell policy. that doesn't mean i am anti military. that is a far reach.

this is a qualified woman. >> that was senator diane fine stein. welcome back. she could become the nation's next supreme court justice. first u.s. solicitor general kagan must convince the senate she is ready to serve. there is no shortage of opinions about her qualifications particularly regarding her controversial stance on the military. i am going to start with are you thumbs up with elena kagan? >> i am surprised gingrich doesn't do homework whe before appears on sunday morning talk show. when she was at harvard law school there was an existing policy in the career services offices that when your company or organization recruiting on campus you are not allowed to -- if you discriminate for anybody for any reason under that policy the military was not allowed to use the resources of the career services office. she continued that policy.

military recruitment was going on and continued to go on under kagan when she was dean at the law school by the harvard law school veteran's association. more people signed up when shy happened to sign up before she got there. this is not true. even scott brown interviewed her and came out friday and said she is pro military. newt gingrich is dead wrong. >> he has quite an opinion and he has facts to back it up. >> i wouldn't go as far as bill but he's right on one point this notion she took it upon herself because of her view of don't ask don't tell to block the military from coming to the university is wrong. she was following a larger university wide policy and i think people have to look at it closer. >> harvard is very anti military. harvard still does not let it's rotc drill -- >> they are going to come after you.

>> this is a story no one covers. harvard does not like the rotc drill on campus. nobody has ever really reported that story. harvard has a history of being anti military which is why she is getting that kind of criticism. with elena kagan we should have full vetting of her some of the most important issues healthcare immigration reform are going to come and -- >> when she gets in front of that senate committee we should have a full respectful grilling of her to find out her temperament. i am hoping no democratic senators -- i mean republican senators make her cry like the democrats did. >> i am going to let you respond. i know she worked for you so i am finding this amusing. >> i never metal lena kagan. >> not elena. >> i was your intern. >> of course she was.

i learned from the best. >> let me say this. you cannot blame me for anything andrea says no more than you can blame elena kagan for the rotc. we want her to have tough questioning but on the facts and issues. i am not saying anybody should go easy on elena kagan but let's get to real substance and not this thing which is a kinard and not the fact that because she plays softball she is a lesbian. >> i played softball cap p capt the varsity fast pitch. >> good for you. >> it's controversial. >> the main thing she is replacing an already liberal seat john paul stevens. it will be a bloodbath when you have someone who can effect the dynamic. >> doesn't change the ultimate fix of the court. bill press you are the man. thank you for being on the program. andrea the intern and doug stand

by. high school basketball banned from arizona. stay with us.

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>> from america's news head quarters i am mary ann rafferra. the death toll reaching 30 after four-days of anti government protest in thailand. the government rejecting a plea by demonstrators for u.s. media talks. it operated a 1 mile square zone since early april. they are demanding the prime minister resolve parliament resign and call for newell leks. 130 people have been injured in the violence. shuttle astronauts are preparing for a trip outside of the international space station. the space walking asbestos n -- will put a new compartment to the station and replacing batteries. the shuttle arriving sunday where it will remain for a week. they have enough equipment to keep it running until after the

shuttle program ends. i am mary ann rafferty now back to geraldo at large. >> lady hoopsters were being used for political pawns. that's what's sick about this they are being used as political pawns. a bureaucrat in a school district say you have worked hard you had your bake sales you won a conference championship for the first time in 21 years you can't go because it is held in arizona and doesn't align with our beliefs and values. the girls want to play ball. they should be allowed to play ball. i hope the girls and their parents will rise up band together and not just sit down and shut up and take this decision. it's a horrible de is significance. how in the world would banning a girl's basketball team from playing on the court help this situation? oo that was governor sarah palin on a story that captured america's heart. the illinois girl's basketball team was supposed to travel to

arizona for a tournament next december but the school board pulled the plug over fears the kids could be put in danger if stopped for a random citizen status check that is now in effect under the state's new immigration law. that decision has outraged many including team parents who felt the district was using their kids for political gain. joining me is one of the dads and big brothers of the players. thanks so much for being with me tonight. brian i am going to start with you. you think your sister would have been in danger if she set foot in arizona? >> you know personally i don't think she would have been. i got back from arizona on a baseball tournament from my college team. i could tell you right now i was not concerned at all for my safety. it is a nice place with genuinely nice people as well. >> you think they are being used as pawns for political purposes by the school board?

>> when you start using terms like values and beliefs and equal opportunity that is what got mayan ten gnaw up. i said what are you talking about? how will it not be safe for this team to go to arizona. you have four or five people sitting in a room with superintendent talking values and beliefs. who's values and beliefs are they talking about? i really became concerned here we are we are going to do a political protest and never got any input from the players or even the board, the parent's board. >> that's the question people wanted to know. you weren't consulted about this to see if you approved. if the parents and players came innage said we don't want to go there we want to go somewhere else and play. that's not the case. >> no that's what was so shocking. i asked the superintendent did you talk to the school board

about this decision? the answer was no. did you talk to the parents and students? it was a decision just made in some office with three or four bure kratz. >> unbelievable. you would think they would let the girls play ball. we are going to bring in political consultant and doug burns to join this discussion and alicia senior advisor for washington think tank new democratic think tank and author bob mendez. in your opinion do you think the school district was right to cancel this trip? >> i think on some level we have to defer to the parents because the students are angry. at the same time we entrust administrators to make the best decision for our children. in this case i have to believe she was doing which was in the best interest. now this is a much larger issue about immigration about our federal government's inability to act. we have a lot of innocent people getting caught up in this back and forth the least of which is

these students on this basketball team. >> the school district thing that is not in line with the values and beliefs this is the law of the land. that is what the arizona land does. >> it is the law of arizona not the law of our land. >> you know what alicia it is a federal crime to come here illegally. if democrats want to coddle people and criminals that break the law then you should just have your party repeal the federal law that's on the books. >> is it the re isn't the real discussion how do we fix immigration? >> there'sest something called the tenth amendment and that allows arizona to write their own laws. these young girls should not be caught up. >> this isn't making people safer it's costing them a ton of monday and kr creating domestic problems. in a few months they are going to realize this. >> okay. >> i think arizonians know what's best for them not you or

me. i am going to bring doug burns in. >> i am going to try to be the voice of reason. this was an idiotic decision to cancel a high school basketball trip which has nothing to do with arizona ostensibly and for them to use the public relations maneuver we are concerned for their safety. put that aside i will give credence who what is being said on both sides. immigration is a federal law question. it is a federal crime to be here illegally. so the more sophisticated question is can a state then pile on with an additional state crime on that and that's a fairly complicated question. >> or what about mirror an existing federal law? >> they can already stop somebody on reasonable suspicion in arizona arizona under feder. when you have suspension measure it's not going to work on the streets. you were a prosecutor. b there's nothing that would give off reasonable suspicion

other than your ethnicity. there are huge problems in the way this is going to be implemented. >> what if you certainly see some kind of criminal behavior activity but they have an obligation to go over the probable cause. >> that is the law. if you are doing something wrong if you run a stop sign which is illegal and you get pulled over they are not pulling people over because they are ton or look a certain way. >> no they can't. >> they could pull me over. >> being undocumented in arizona a crime how do you have reasonable us pigs. >> if you are here illegally you are breaking the law. that's what people are for getting. >> i want to bring dad back in. michael, are you worried at all? your son isn't. are you worried they will detain or pull over the basketball team? doesn't make sense.

>> the unfo unfortunate thing t was not a mandatory trip. it should have been up to the individual parent and children to decide if we feel for some reason we are not at risk in arizona we will just skip this trip. this stuff needs to be decided in a court of law not on a basketball court. >> what kind of lesson is that about being oh a team. why would you want to go if one member of your team couldn't? why would you want to put someone in the position of being that vulnerable to say i am at risk but the rest of my team isn't? >> none of these girls are illegal aliens. none have citizenship issues. what's the problem? >> my understanding it's also about what girls would go the following year not knowing the full breadth of who would be on the team. all all>> that makes no sense. >> that argument -- >> i am willing to listen to reason but i am having a hard time understanding that a supervised trip where they girls raised money to go on this trip

that they are afraid they are going to be what detained or str stripped or some kind of immigration detainment. >> this isn't a large difficult factual situation like thousands and thousands. you are talking about a handful of 15. it's not that hard to figure out. >> girls in jerseys the ones with the numbers on it -- >> whether they have immigration problems -- >> this doesn't give credibility to the problem. > > it is blown up to be a political battle. her and her friends feel they should have been involved in this decision making process. seeing it is their team that is going to partake.

>> you would think in a democratic country that we would actually listen to the voices of the girls playing, the basketball players and to their parents who are responsible for their personal safety. that's where the responsibility is not the sweeping decisions about consultation. it's really arrogant. sorry that's all of the time we have for this segment. great discussion everybody. thank you so much for being our special guest this evening. alicia, andrea doug thank you for joining me. meanwhile the problems continue for bp. they found some what of a solution for plugging the deep water oil spill will it last and how much damage did it really do when we come back? deep sea divers take us under water to see what type of conditions they are facing. stay with us. if i'm too exposed to downturns. if i'll go through my savings too fast. to help you feel more confident consider putting a portion of your savings in a metlife variable annuity.

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>> he is dressed out ready to go. 30 seconds to a minute to get him into the water. 300 feet in the water will take longer to get him to him. he's that guy's lifeline. >> they are the deep sea divers who pull apart oil wells much like the oil rig in headlines tonight. they are getting a rare glimpse in a new national geographic show premiering wednesday at 9:00 p.m. joining me is the executive

producer and writer scott lee. thanks for joining us tonight. >> thanks for having me. >> if you can talk us through a typical mission from where the divers sho suit up to the missi. >> they soot up in a workout fit they would wear and they go into the water as soon as they hit depth like in the show we are showing people going 300 feet below the surface which is the maximum allowed diveing from the surface. the body literally changes as they go down. they accrue all kinds of gasses and they can't come up quickly. they have to gradually decompress. the amount of gas is limited to the bottom 300 feet. it takes them 2 and a half minutes before they can come out of the water at that depth.

it's very intense scary process. coming up too fast will literally kill you. >> you have to have a lot of special training to be able to do this is it something people are excited about working this line of business? >> it is special training and experience and team of people behind you working and supporting you. as he was saying in the clip you saw they have a standby diver ready to go down immediately if you should get into trouble they have all kinds of backup systems to protect you. still things go awry. the conditions in the water are constantly changing and difficult to work were on all kinds of levels. these people who are working at these depths are endangering their lives every time they go down. literally every time a diver goes down there's a tension in

the room with a sense of having to pay attention and being aware of the dangers that everyone faces when they go into the depth. it is a serious job. they pay well but they take serious risks to achieve that money. >> they make 1500? >> make over $1,500 a day. these are the people maintaining the infrastructure in the gulf of mexico and around the world that are giving us the gas and oil that keep the cars running and electric lights on and it's a pretty amazing job with a lot of people who are willing to take -- i used to be a climber and being out on the end of a rope is the clothesest thing i know of this to kind of experience.

they are out there ever whi eve doing this. it is a remarkable profession. >> it is a fascinating series and very timely to say the least. much of the coverage in the news is about water and we meet those down underneath. thank you for being on the show tonight. you can catch delta divers diver down wednesday on national geographic channel. coming up next what you have all been waiting for bo bice is here and he's raising money for the victims of the tennessee flood. we will be performing live. ♪

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>> h the 9 9 season of fox's american idol is getting ready

to end may 26th down to crystal, casey and lee. this season will also end simon cowell's run as a judge. to give us the latest the low down on everything idol is writer for entertainment weekly jessica shaw. we also have bo bice. he's in studio he is going to perform for us as well. he was the season 4 american idol runner up. should have won. announced last weekend on the show that 100 percent of the proceed to his new hit song "long road back" will be going toward national flooding relief because bo bice is that kind of guy. great to have you with us. jessica i am going to begin with you because i want to know all of the details about american idol. what's up? wh who is going to replace simon? >> that we don't know yet. they are going to try to get someone huge. simon is ir replaceable. i don't know if bo agrees with that. there are rumors of usher i have heard elton john's name. i don't see these poem saying

yes. >> we heard howard stern. >> howard stern started the rumor about howard stern. it will be someone very big. he is tough shoes to fill. >> we are down to the three finalists see the little picture of bigik