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Remember vanished in 2009. authorities say this investigation is at a tippingpoint. alicia acuna is live in denver watching this for us with the latest. >> reporter: hi, jenna. the attorney for washington state told the judge there are numerous concerns about the two young boys safety when they were with their father in part he said because josh powell has not cooperated with law enforcement in the search for susan. now josh powell tried to convince judge katherine necessary son his boys belong in the home he shared with his father and get rid any of items relating to his father's recent arres...

Boys. >> she did disappear in december of 2009. i did not harm her. i did not have anything to do with her disappearance. i have never been charged or accused of any crime. i love my wife susan and i have looked for her. >> reporter: west valley city police in utah say that is not true. he has not helped try to find her. they are quick to point out they still have a trailer full of evidence they're going through. items of computers seized in august when authorities teached steven powell's home and found footage of young girls recorded in a bathroom without their knowledge as well as secretly r...

Groups unhappy by allowing it? there have been several proposals including dave heinemann here in new hampshire, the governor, who would like to see the pipeline built but away from the aquifer. the folks from transcanada say that would kick this project two years down the road and with it those jobs. jenna? jenna: what a dynamic story, steve. really interesting, both sides so strong and, obviously, one we'll continue to watch. steve brown in nebraska for us today. jon: all right. imagine this: president obama with a running mate named mitt romney or maybe something the opposite of that? a bip...

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Jon a fox news alert and are you ready for a little good news? i certainly am. thad allen, coast guard admiral in charge of the response to that leaking oil well, 5000 feet below the surface of the gulf of mexico, he says that leak could be contained as soon as monday. the idea is that they would put a better cap on the top of the thing, get more of the oil that's been sort of leaking out from around the edges of the cap that they have installed there now, and also, they will have some of the relief wells perhaps in position and connecting to a different part of the leaking pipeline so he thin...