if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen. thanks for disrupts your afternoon. i'm karen finney. in this hour, nine days after the mystery malaysian airline flight deepens. the standoff between russia and the world intensifientensifies. and we'll meet a woman standing up to the keystone pipeline to save her family's farm. >> the search operation for flight 370 has entered a new phase. it now covers both sea and land. >> land masses of 11 countries, mostly in central asia. >> the fact that the data portion of the system was shut down indicates that somebody didn't want to be tracked. if you go south, there is very little radar coverage, if any.

>> if you look at that area, it's still 5 million square miles. >> intense focus this morning on the pilots. >> the cockpit crew did not request to fly together. >> with no sign of motive, no claim of responsibility, nothing is being ruled out. >> deliberate actions in the cockpit that would suggest premeditation. >> there's so much more information that might be out there yet that we don't know about. >> this was not an accident. it's been nine days since the disappearance of malaysia airlines flight 370. yet, there's still more questions than answers about what happened. in fact, the list of questions and theories continues to grow. here's what we know at this hour. according to malaysian officials, it appears to have been a deliberate attack. it now appears the initial search focusing on malaysia and vietnam was being conducted in the wrong area.

the search has now expanded and refocused on two corridors. one in the north reaching the kazakhstan/turkmenistan border and a southern one reaching to the southern indian ocean with 25 countries now involved in the search. yesterday the homes of the flight's pilot and co-pilot were searched by malaysian police, confiscating a flight simulator. as the search zone has expanded, so has the frustration with the malaysian government, as it now appears the missing flight passed over at least three military radar arrays after it took a u-turn over the gulf of thailand, even passing over one of the country's biggest cities at one point. joining me now for the latest is nbc's kerry sanders. thanks so much for joining me. tell us about the significance of these two arcs in terms of the manner in which they're now able to conduct this search. we're talking about land and sea obviously. >> when you're looking at it and you see the map and see those arcs, you must say to yourself, well, that's such a huge area. why have they added it? what they did was is the plane

was flying, it was emitting a signal. that signal comes off the top of the airplane and hits a satellite. now, i'm going to give you a crude demonstration here. let's assume this balloon is the satellite. this is the signal going down to the plane, okay? they can't triangulate. you've probably heard of triangulating where you can take two or three points, put it together, and say, oh, that's where it is. but they do know the distance between the plane and the satellite. as i move this around, you can draw an arc. so that's what the very clever experts have done here. they've drawn an arc on a map. that is why it's now adding, as i go to the map here and take a look at it, initially we know the route of the plane is, where it lost control, and why they were looking at the malacca strait. now they've added in this whole other area here, which is all up here. that's because they drew those

arcs. so if i take out that little area there and we show how the arc went, the arc drew sort of like that. so that's where it's picked up these 15 other land-based countries way up to the north. the problem is just because they know that is now added to the potential place of where the plane may have flown to, it doesn't mean that it's necessarily easier to access because each of those countries has its air space issues. so you can't just have any plane fly over there and start looking down. you have to coordinate this on the political side. but what they do have is satellites, they can take pictures, and those can be analyzed. >> kerry, to that point, that's a question i've had. if a plane flew over that many country, you would think that some system somewhere would have been going off. what strikes me now that we're talking about not just the search and investigation, but we're talking about politics a little bit here.

the politics of do we have confidence that the countries are letting folks know in terms of the capacity of their military systems what they may or may not know. in the absence of that, we may not have the full picture. >> well, karen, just remember here that -- i think you really hit on a point there. that's the capacity. each country wants to suggest that its military defensive systems and its monitoring systems are beyond reproach, that they have all of this sort of information. but as we also know, if you go back to the old days of the united states and the soviet union, a lot of this is political theater so that the other person spends away their money, as you've suggested that you have something greater than them. so while they may have certain capabilities, they may not want to give the actual information out to reveal to somebody who is potentially an enemy what they have, or worse, they may not want to reveal they don't have it because then it suggests

there's a hole in their defensive systems that could be taken advantage of. >> right. all right. thank you, kerry sanders. >> sure. >> joining me now is tom casey, a retired american airlines pilot who flew a boeing 777 for seven years. a lot of sevens there. so tom, you're a pilot. we were talking before we came on the air and admitting we don't know a lot. but as a pilot, i mean, just based on what you've heard so far, what does it suggest to you about what may have happened in terms of the ability to fly this plane, the ability for someone to take over control of this plane from -- so if it wasn't the pilot flying the plane, the ability of someone else to come in and take control. >> well, there are two scenarios. one is the flight crew went rogue. two is there was an intervention. if somebody got control of the airplane, that's a different scenario. remember, it's a highly automated aircraft, as all modern airliners are. there's nothing mysterious about that. it will fly at a level altitude on a predetermined course,

whether it's computer driven or heading select. i brought a little show and tell. this is a garmin aviation gps. with this gps, and you'll see this on a lot of search and rescue aircraft, because they'll program a grid and fly this to fly that grid. with this little device, i can go anywhere on earth within 20 feet. so somebody could come into the -- on to the airliner and instruct the pilot to fly according to a predetermined course that that person set up. he doesn't have to have a great knowledge of the systems. he can track on his little device that he's very intimate with, has a lot of knowledge of, that the plane is going to go where he wants it to go. the question s why is this happening? >> sure. okay. why is this happening? >> i don't know, karen. why is this happening? you tell me. all my colleagues are scratching their heads. nobody knows. >> that's why we're here on cable television, to speculate about why it may have happened. one element i found interesting is in terms of where this plane

might be. one of the other -- so we're talking about land and we're talking about over sea. in terms of land, let's just say it was able to land. you still have 239 people you've got to do something with. how hard would it be, and what would the space requirements be to land this plane? >> well, the capability of the airplane to land in a short runway is phenomenal. you have what they call a.b.s., automatic braking system, and carbon brakes that get better as they heat up instead of fade as they heat up. you can land this airplane at average weights between 2500 and 3500 feet of pavement. even with heavy weights, you're only using 3500 feet of pavement. >> and that's a little different than some of the estimates we previously heard. >> right. i made that comment yesterday and went back to the manual and looked it up. the plane has phenomenal landing performance. now, once you get the plane on a small field, who's going to take

it off, right? you remember that 747 last month that landed on a 5,000-foot strip at the wrong airport? it was a small strip, giant jumbo jet landed there. they also took it off. they had to get special permission to take it off. they stripped it down. they were light on fuel. but they made the take-off. these planes can perform to a far greater degree on shorter runways than you would suppose. >> one of the things we have learned, and there's been this back and forth about communication with the pilot, right. there's the acar system was turned off. the pilot then gives his final signoff for the evening. then the transponder goes off. it's my understanding the acar system is something you would have to manually go to a different part of the plane to turn off, whereas the transponder can be turned off right there by the pilots. does that suggest -- i mean, is that maybe the deliberate action or the beginning of it? >> you can speculate if the crew was in command of the airplane, the crew would have the knowledge to go into the

compartment downstairs and immobilize whichever communication systems they wanted to. the transponder, you just turn it off. but they were still broadcasting. they had voice communications. he said good night or roger that or whatever it was he said. but again, we get to the point. why is this happening? what's the point? if it was suicidal, why didn't he pull into the ocean right away? why are you going to fly around for seven hours? >> and you're preferring to the previous -- >> egypt air. >> yeah. >> so all my colleagues and i were scratching our heads. we talk in circles just like everybody else because we don't have a logical -- what are the references to reality of somebody taking an airplane, flying it around for seven hours, and crashing it? >> we may never know. the investigation continues, and the speculation will continue. thank you, tom. we're going to continue to follow the latest on the search throughout the hour here on

"disrupt" and on msnbc throughout the evening. coming up next, polls has just closed in ukraine as crimeans voted on whether or not to return to russian control. what that means for vladimir putin and president obama here at home. this...is jane. her long day on set starts with shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!" salegets up to 795 highwayeal's the passamiles per tank.sel salesperson #2: actually, we're throwing in a $1,000 fuel reward card. we've never done that. that's why there's never been a better time to buy a passat tdi clean diesel. husband: so it's like two deals in one? avo: during the salesperson #2: first ever exactly. volkswagen tdi clean diesel event, get a great deal on a passat tdi, that gets up to 795 highway miles per tank. and get a $1000 dollar fuel reward card. it's like two deals in one. hurry in and get a $1,000 fuel reward card and 0.9% apr for 60 months on tdi models. i missed a payment. aw, shoot. shoot! this is bad. no! we're good!

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it's been just two hours since polls closed in crimea, but there's not much doubt about the results of today's referendum on whether to rejoin russia. crimeans voted under the watchful eye of pro-russian forces already in de facto control of the peninsula as reports of a troop buildup on either side of the russian/ukrainian border put the nation's last-minute truce in doubt. the international community has decried today's vote as illegitimate and vowed not to recognize the results. there was even an option on the

ballot to maintain the status q quo. voters only had a choice between becoming more independent from ukraine and seceding entirely to become part of russian. russian media are citing exit polls showing 93% vote to join. we go to richard engel live in crimea. the polls closed a couple hours ago. what's the mood like on the streets now? >> reporter: well, a short distance from where i am right now -- and i'm standing in front of the parliament, which is guarded by pro-russian militias. it's been that way for a few weeks. just a few blocks from here there are celebrations, open concerts, free food being handed out. people are calling this a historic moment, the moment that crimea says good-bye to its decades' old membership, if you will, as part of the ukraine and joining up with russia.

people here fully expect that in a matter of days, perhaps weeks, they will be full russian citizens, that they will be -- that this area will be just like an outskirt of moscow. what happens next is russia would need to formally annex this territory. and there is a vote expected on the 21st in the russian parliament. it seems very likely that they will vote to annex this territory. i would be surprised if vladimir putin does not receive a standing ovation. >> i think you might be right about that. richard, there was a lot of intimidation, journalists leading up to the vote in crimea. there were some reports, even in terms of acts. i know you were detained at one point. there were reports about whether or not journalists were able to have access to the polls. what can you tell me about that? >> reporter: it has not been a completely transparent process. most of the intimidation and harassment was focused on the

activist community, those who decided that they were against moscow's politics, they are pro-revolution in ukraine, and they don't want this referendum to happen. many of those activists have been run out of town. some have been beaten up. some have been arrested. today, however, journalists as far as we could tell were ginn quite open access to polling centers. we visited a number of them. we were able to film inside. we were able to conduct interviews. we didn't see any direct intimidation. the intimidation is the larger picture here that crimea was taken by force by russian troops, but these russian militias. we saw russian troops on the street today. there were russian armored vehicles parked not far away from the polling stations. so there is that air of concern and fear, but we didn't see any direct manipulation at any of the polling stations. >> no direct manipulation. just militia hanging out. thanks, richard engel.

we go now to nbc's kristen welker live at the white house. so the white house, we got a response from them just a while ago on this referendum. tell us about that. >> reporter: well, karen, the white house is reiterating statements that they have made in the past, namely that they do not recognize the referendum. they are calling on russia to allow international monitors into ukraine. that's something that russia has resisted in the past. they say this vote violates ukraine's sovereignty. here's a little bit of the official statement that was released by white house press secretary jay carney who says, quote, as the united states and our allies have made clear, military intervention and violation of international law will bring increasing cost for russia, not only due to measures imposed by the united states and our allies but also as a direct result of russia's own destabilizing actions. a senior administration official tells me that you can expect the united states will likely announce sanctions against individuals in russia, not putin

himself, but against individuals in russia soon. wouldn't give me a specific timeline, but it is anticipated that the u.s. and its european partners will announce sanctions as early as monday. then they will monitor what putin does next. if he continues to escalate this situation, if he does annex crimea as richard was just talking about, if he builds up troop presence in ukraine or along the border, the united states will consider deeper costs. so that is what folks are looking for moving forward. but then there is this question of will the united states increase its aid to ukraine and increase its military aid to ukraine. when asked about that, this senior administration official says the u.s. is considering ukraine's request for increased military aid. so that is the latest, but the white house reiterating certainly officially statements that had has made in the past. behind the scenes preparing to take serious action.

karen? >> so kristen, i want to switch gears really quickly here. the other big story that we're following, and i know the white house weighed in this morning, and that is the united states helping in the serarch for fligt 370. what's your sense of how much concern there is within the administration on this one? >> reporter: i think there's a lot of concern. they're also being so careful in the language that they use because there's so many unknowns. you saw that today when dan phiffer was on "meet the press." talked about the fact the u.s. is aiding in the investigation, acknowledged that malaysia is leading the investigation, of course. but the fbi, ntsb, also naval assets are helping to try to figure out where exactly this plane is. when asked if the u.s. and investigators are looking into a possible terrorist link, phiffer said nothing is being ruled out at this point. he said it's also too early to talk about next steps, whether

or not the president has ordered a review of security measures. certainly the u.s. is helping out. we haven't heard directly from president obama except to the fact that the entire administration is clearly watching, monitoring the situation and hoping that it gets resolved soon. >> it's quite an unprecedented situation. both are, frankly. >> reporter: indeed. >> thanks, kristen. up next, the race for 2014 and the question, does one win in march equal a clean sweep come november? democrats are hoping no. and later this hour, we'll have the latest on developments on the missing malaysia airlines flight 370. [ male announcer ] zzzquil. it's not for colds, it's not for pain, it's just for sleep. because sleep is a beautiful thing™. ♪ zzzquil. the non-habit forming sleep aid from the makers of nyquil®. my sinuses are acting up and i've got this runny nose.

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your forecast this week includes fun raiding, more pontificating about the 2014 elections and another congressional recess. president obama hits the road this week to raise money for democrats 2014 campaign efforts. he'll get an assist from former

nback player alonso morning who will host the president and minority leader nancy pelosi at his miami home on thursday. it will be the president's seventh fundraiser for the party so far this season. but with increasing speculation about the democrats losing the senate, pressure is mounding. here's robert gibbs on "meet the press" this morning. >> is the senate in danger? >> definitely, absolutely. the president is going to have to get a lot more involved in raising money for the party committees and for the national party if the democrats are going to have any hope of keeping the senate. >> let's bring in "the washington post" nia malika henderson and joan walsh, an msnbc political analyst. thanks to you both. joan, i'm going to start with you. so the carping has already started. the hand wringing. but also the blame game a little bit. there is a sense that, you know, there's some concern on the one

hand that the president's poll numbers are low and that could damage candidates. but then on the other hand, they surely want him to come help fund raise for them. >> a lot of them do. most of them do. look, i think the president is stuck here. i think it's kind of ridiculous to focus as much on the president as people have. i'm not going to be hand wringing over a special election in florida for a seat that republicans have held for 40 years. however, it was a wake-up call, and it did remind us the democratic voters don't tend to turn out in these kinds of things, and republican voters do. so in that sense, it was a good wake-up call. it was a good reminder. it doesn't mean that it's time for panic. i think the real issue that everybody's kind of alluding to, i have less blame for president obama than i do for some of the folks who are totally focused already on 2016. and i think if you want to get ready for hillary, folks, i think elect hillary a great senate and a great house in 2014. i think all of this energy around 2016 is really jumping way ahead. we have a lot at stake this

year. >> and nia malika, part of what you're seeing happen is people are trying to kind of send the signal that, you know, when hand wringing starts happening, that's the signal to donors to start giving money. some of these efforts that joan is talking about, folks have said they're encouraging their donors to give to 2014. meanwhile, you have got the republicans looking at that special election and saying, see, that's it. obamacare, that's how we're going to win. and they've decided that the momentum is on their side. >> that's right. i mean, they're looking at that special election. they're looking at 2010 as well. they're looking at polls that say obama isn't doing to well right now. i think he's at like 41% or something like that. they're also looking at polls in states like louisiana, in states like north carolina where he's even lower in terms of approval ratings. i think also, and this might be most important, democrats aren't mounting a robust defense of obamacare. if you look at mary landrieu down in louisiana, one of her first ads was essentially i like

obamacare, but it's got all these problems, and i'm going to stand up to obama and tell him to fix it. that's not exactly a full-throated defense. i think democrats need to figure out what they're going to run on. republicans very well know they're going to run on obamacare. they got $40 million in ads. i think it's something like 30,000 ads have been run on obamacare so far. so democrats have to figure out what their play is. >> joan, to that point, "new york times" had a report today indicating that there was a meeting that was supposed to be about obamacare. really, it ended up being about why ofa, organizing for america, wasn't doing more to help kind of give some air cover, frankly, to democrats by running ads in support of obamacare. within that, there are also concerns about fundraising and access to tools and ground game types of things as well. >> i think there's real legitimate concern. i'm glad to get it all out there. one good thing i would say mary landrieu has done is challenge

bobby jindal to get that medicaid money. i think that that's a way for democrats to fight back in these red states where these governors for solely self-serving political reasons are turning down federal money for poor and working class families to get insured. so i think there are things like that they're slowly starting to do to turn the story around. i think they've also got to nationalize the election in terms of women. really focus on the assaults on women's rights we've seen. they've got to nationalize it in terms of voting rights and remind young voters, voters of color, even women voters. women are often affected by voter i.d. laws. they're coming for your rights. i think those are two very effective messages to get out that 2012 coalition that we need to see in 2014. >> and i hope that as time runs out that there is an effort to do just that because as you and i both know, and we all know having worked in politics long enough, those are the kinds of things you have to start now in terms of, you know, really being aggressive, going door to door

and getting people mobilized to turn out. i want to switch gears because there's a bit of unfinished business on capitol hill, nia malika. >> a bit? >> just a little bit. i mean, how shocking. yet again, congress is on vacation and there's a full plate of things that need to be done. i mean, you've got ukraine aid, minimum wage, ending unemployment insurance. what are the chances that any of that gets done when they come back? >> you know, not a ton. i think there was some of a bipartisan agreement that not a lot would get done this year. that there would be a lot of staged fights around various issues, but not a lot of progress. the ukraine stuff does look like it'll have to get done. the senate and house are in a disagreement in terms of what they want to see get done. the senate passed something that includes this imf fix where the president wants to shift money from the emergency fund to the general funds because he thinks the u.s. needs more leverage with the imf. the house doesn't want to deal with that right under the rubric of dealing with ukraine. but again, it has to -- they have to figure out how to come

together. same thing with unemployment insurance. something that's come out of the senate, not clear it'll come out of the house. in the meantime, you do have folks running for senate like kay hagan, very much talking about that vote and talking about the need to reinstate that unemployment insurance. >> while democrats are talking about reinstating unemployment insurance and raising the minimum wage and aid to the ukraine, i came across a little story yesterday i found disgusting in terms of where the republicans' focus is. they're going to turn a 52nd, 53rd, whatever vote against obamacare. i want to read something that iowa congressman steve king said about the effort some governors are trying to protect. as we know, food stamps were cut in the farm bill. you have a number of governors trying to do all kinds of different things to protect those resources. here's what good old steve kick says. he says, we can't have the governors of these states gaming the system and thumbing their noses at the united states congress. this begs for block grants to

the states for food stamps, then they have some skin in the game. then they'll have a different attitude. whether or not we get this fixed in the short term, if we don't, it's more likely we'll fix it real good in the long term. it's my understanding they intend to hold hearings, their focus when they come back with a full plate, is to figure out how to take away food stamps from people who need it. >> right. and whatever happened to governors know best and governors -- >> leave it up to the states. >> we have these governors. they happen, i believe, to be all democrats. they happen to see the conditions in their states. they happen to believe that hunger is a problem and they're not going to make these cuts. they're going to find other resources to keep the same level of food stamp funding going. they're going to do it legally. they're going to do it creatively. we love innovation. states are the laboratories of laws. >> you're so right, joan. i forgot that for just a moment. >> not when they do something to help poor people.

then they're off the reservation. >> then they need to be hauled into congress. because that's such an effective body. all right, thank you, nia malika henderson and joan walsh. coming up next, the latest on malaysian flight 370. and later, one woman fights to save her land from the clutches of the foreign company building the keystone pipeline. that's coming up. for hearburn? yea. try alka seltzer fruit chews. they work fast on heart burn and taste awesome. these are good. told ya! i'm feeling better already. alka-seltzer fruit chews. enjoy the relief! what's precious to you is precious to us. and from your family, to your belongings, to your dreams for retirement, nationwide is here to protect what you love most.

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you turned up the fun. tylenol® provides strong pain relief while being gentle on your stomach. but for everything we do, we know you do so much more. tylenol®. . we know you do so much more. time to take care of business with century link's global broadband network and cloud infrastructure. we constantly evolve to meet your needs every day of the week. with so many twists and turns in the mystery of flight 370, it's not been easy to keep track of what we actually know about the plane's disappearance more than a week ago. it feels like there's been a new false lead just about every day. an oil slick thought to show where the plane went down, debris in the water off the coast of vietnam, stolen passports and questions about a link to terrorism, confusion and misinformation about what the plane did after leafing its route to beijing. the list goes on and on. so imagine how difficult the

past nine days have been for the friends and family of the 239 people on board flight 370. nine days after their loved ones went missing, the malaysian government is under fire for the handling of its investigation. the search area has expanded, but we still have more questions than answers. as suspicion about who may have caused the plane to divert from its original path turns to the passengers and crew, the famili families' frustration is understandable. joining me now, bob haeger and peter goels. thanks for joining me. bob, i want to start with you on this point you had 200 family members attend a briefing by malaysian airlines in beijing last night. you could see tensions were running high. there's a lot of frustration. i have to think that every time some new theory comes out, these folks must be going just in agony. >> yeah, sure. and that's typical. we have that same kind of frustration with american families after an american

crash. it's just very, very difficult for the surviving relatives. in this case, you know, every time there's talk about, well, this plane might be on the ground somewhere, you know, sure, if you're a family member you're going to hold out hope. as somebody who covered this for decades, in my opinion, there's no way you've got live people on the ground somewhere or an intact plane on the ground somewhere. i think it would have been found by now. so if they find this on the ground, it's going to be in little pieces up in the himalayas or at the bottom of the ocean. >> you know, peter, the frustration with the malaysian authorities and the way they've conducted this investigation, they were looking in one direction and now we learn they should have been looking in another direction. so they've changed the search area. have the last nine days been wasted? >> i don't think they've been wasted, but i think clearly the malaysian government underestimated the extent of the challenge of this accident and underestimated the scrutiny that this tragedy was going to

engender. as bob said, i've done family briefings after major accidents. i did it after egypt air. i can tell you that the idea that there's even a sliver of hope that the families could be alive is just agonizing. and that after nine days, the horror that they feel is really just tragic. i'm afraid i agree with bob. there is literally no hope this plane is going to be found intact. >> peter, how would you have handled this part of the investigation, this part of the proceedings differently in terms of dealing with the family members? it seems like there should be best practices instead of the kind of frustration and lack of answers that we've been seeing. >> well, we looked at this very carefully in 1996 when the family assistance act was passed. i helped write that act. we figured out that what family

members needed more than anything else was a source of information that could above all be trusted. when there were facts to be had, they needed to trust them. and that's why in the united states the ntsb does the briefing. they handle the families. for whatever reasons, and it's good work that the agency does, they're trusted by the public. they're trusted by congress. and the ntsb is trusted by the families. >> bob, to that -- >> let me just add to what peter said. >> sure. >> i just thought viewers should know at the time peter was the manager there, that's when all this began. ntsb did not have responsibility for taking care of the relatives of victims before that. it was under his time that they undertook that whole program. >> and we did it very cautiously. we were very nervous about this responsibility. >> sure.

>> but as bob said, we found out the ntsb -- it was the only agency that could do it effectively. >> well, and bob, to what peter was saying, you've got to have, i think as a family member, you want one source of information you feel like you can trust. one of the frustrations apparently that they had was they were told they wouldn't receive anymore briefings now that this was a criminal investigation. i'm assuming that's because it's under malaysian protocol, that's how they're doing it. obviously, we would do it very differently. >> yeah, the national transportation safety board has been very good and very open about the information they give you. they would do daily briefings, if not more than a couple times a day. and even sometimes gather you for a little off-the-record sessions. they were very, very good with information. but typically in a foreign country, especially a small foreign country, you don't get that at all. that's not surprising in this case. i think they're kind of feeling their way in malaysia. >> it does seem that way. all right. thank you, bob and peter. and stay tuned to msnbc throughout the evening for any

and all developments on the missing plane. coming up, can a foreign company come in and claim eminent domain and essentially seize your land? yes. and it is happening all along the proposed route of the keystone pipeline. ahead, we'll meet one texas rancher who's standing up to big oil. salesperson #1: so again, throwing in the $1,000 fuel reward card is really what makes it like two deals in one. salesperson #2: actually, getting a great car with 42 highway miles per gallon makes it like two deals in one. salesperson #1: point is there's never been a better time to buy a jetta tdi clean diesel. avo: during the first ever volkswagen tdi clean diesel event get a great deal on a jetta tdi. it gets 42 highway miles per gallon. and get a $1,000 fuel reward card. it's like two deals in one. volkswagen has the most tdi clean diesel models of any brand. hurry in and get a $1,000 fuel reward card and 0.9% apr for 60 months on tdi models. ameriprise asked people a simple question: can you keep your lifestyle in retirement? i don't want to think about the alternative.

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our governor and our

legislature granted the power of eminent domain to a foreign corporation that is still in the permitting process. they had the power to come and condemn any of our properties that were on the pipeline route. even though they don't have a permit to be in the united states. i mean, to me that is totally outrageous. >> that was nebraska landowner randy thompson talking with ed schultz about the trans-canada corporation using eminent domain to buy the land it needs to build the keystone pipeline. by doing so, mr. thompson light his right to the land he actually owns. the battles over the pipeline have highlighted issues that affect all landowners across the country. believe it or not, it's legal to say a private company can come in and take your land and your home simply if it claims it's doing so for the public good. but to be clear, it's the company that makes the profit. just weeks ago, a district court judge ruled that the law the

governor of nebraska relied on to take away mr. thompson's land was unconstitutional. but the fight is far from over. my next guest is a third-generation rancher who's currently fighting to keep her texas farmlands out of the hands of trans-canada. they've tried twice to buy her lands, first offering her just $7,000. after she refused to sell, trans-canada moved to have her property seized. joining me now is that transaction landowner, along with seton hall law professor paula. julia, i want to start with you and your story because i think it's so illustrative of what i find so outrageous in this conversation. that is they come to you, they offer you $7,000. you say, no, they come back and then the next thing you know you're fighting them to hold on to land that you own.

>> that's right. that's part of the frustration. they made an offer. they upped the offer. then they said, if you don't sign this, we're going to take it anyway and you're going to get a lot less. so that's where our family decided to make a stand. i think what people may not realize is even though we're now fighting in court to say they don't have the right to take our land, they've built the pipeline anyway. it came across our land months ago. so product is flowing and we're in court saying they never had the right to take our land. >> just to be clear, because i think that's very important to underscore. so the pipeline has been built. it's going across your land. what happens if, let's say, there is a spill of some kind or an accident of some kind and that in some way shape or form damages your land. do you have any recourse? >> well, as a farmer, i've asked my insurance agent if our crop insurance would cover the fact that i couldn't use the water in our creek. he said, no, i would have to go to trans-canada for any kind of

recourse. so a farmer in texas would have to go to a canadian company to say, fix what you broke. >> okay, paula. help me understand this. i know there are state and federal laws. let's start with texas law. how is this possible? and how is it possible that the state of texas could just say, sure, this foreign company can just go ahead and do what they're going to do and she has no real recourse at this point? >> yeah, it is such an interesting question. it really takes us to the intersection of the fifth amendment, which is a constitutional mandate, both for the federal government as well as state government. as a constitutional guarantee, it assures all of us that, yes, government does have the capacity to take our private property so long as it is for public use and so long as just compensation is remitted. this case is fascinating from an intellectual standpoint and heartbreaking for so many of the private property owners affected because it essentially pushes

the envelope and has us asking, who gets to stand in for government? can purely private company like trans-canada essentially be granted by the sovereign right for private profit. >> also, who gets to decide? as i understand it, and julia, weigh in here, as i understand it, they just signed a form and checked a box and that was all it took for them to certify that it was for public good. so paula, who gets to decide what is or is not considered the broader public good in these cases? >> they had to check a box, trans-canada, in order to certify they are a so-called common carrier. under the texas deed statute, so-called common carriers get to step in as a substitute for government and essentially use the government eminent domain power for takings purposes. a common carrier is a company that opens its pipelines to any

oil company that wishes to pay at the published rates. ms. crawford has made the great point that those published rates were nowhere to be found. come carrier certification is dubious at best. >> and again, just to put it in terms that people like me can understand, basically that means the company got to come in and say, yes, this is public good, you can trust us, and we're going to move forward. julia, i want to -- you've had something of a recent victory with the texas state supreme court. trans-canada, i guess, has to at least explain why it should be able to build a pipeline, or the pipeline already build, on your lands. i want to read part of the response from trans-canada. they said -- this is their response to the texas supreme court. crawford's issues fly in the face of the legislature's active encouragement of a common car carrier pipeline system throughout texas. not only to transport production but also to bring critical feed stock into texas to fuel texas refineries. i just wondered if you had a response to that. >> well, i think part of what

people don't understand is there is no way for texas oil to get into this pipeline unless it's sent to oklahoma. the southern leg of the keystone xl starts in cushing, oklahoma, and ends in houston. at no point is there an on ramp. if all this discussion about texas and what's good for texas, our oil can't even get into this pipeline. we're just a pass through for money, oil, that's sitting in cc cushing that needs to get to a refinery. so greed is driving all this. >> so this is basically based on kilo versus the city of london. one of the things about that particular case is "newsweek" went back of some period of time. this was a case in which pfizer was given the right to take over and demolish private homes for development. pfizer pulled up stakes in 2009 and actually -- my apologies, it's "the weekly standard."

the reporter returns and spoke to one of the uprooted residents and found nothing has been done. people were uprooted basically for nothing. >> yeah, and that's a heartbreaking case. eight years old. it did spark a public outcry. so much so that president bush, president at the time, signed an executive order indicating that the government's eminent domain power must be used clearly for a public benefit and not for the benefit of private constituencies like pfizer for precisely the reasons you just articulated. >> well, this is all very fascinating. julia, good luck to you in your case. >> thank you. thanks, karen. >> i know you've got a website and people are helping donate for your legal bills. i hope those keep coming in. >> i do too. thanks for the visibility. >> absolutely. thanks to you, paula. >> pleasure. >> that does it for me, guys. thanks so much for joining us. stay tuned to msnbc all evening for any and all developments on missing malaysia airlines flight 370. and i'll see you back here next weekend after 4:00 p.m. eastern. have a great night.

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