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Passenger. the pilot tried to fly close to minimums and maybe that situation did not turn out well. >> miles, thank you for the analysis from this faa statement. i've got josh campbell, former fbi just on the ntsb side of the investigation. josh, what would they be looking for? >> yeah. those of us who stare at these types of incidents from a national security perspective have been waiting for this. the fa sa saying wl be in charge of the investigation. that's important because if we've received no official word from law enforcement, but ntsb saying they're in charge signals to us they don't b...

Again. with us, lieutenant colonel tony schaeffer, center for advanced studies. on one hand, that sounds like a carrot, yet the budget calls for a whole lot of sticks, including special ops, drones. how do you see it? >> i think first off when you look at the carrot approach, it's been minimally successful so far. we tried this before. again, we've had a record of drawing either side in to give them incentives. i think any time you want to negotiate and have incentives like this, you have to do it from a position of strength. right now as you mentioned, admiral mullen commented on the fact the...

Jon: you're talking about randy babbitt, he has gone to the airlines and suggested they make voluntary changes? >> he has done that, and he's been pretty force theful in pushing the fatigue issues to a rule, not just voluntarily, so he's a breath of fresh air in the faa. jon: well, there is always that butt l of heads between the board that investigates these accidents where you used to work and the faa that's in charge with writing the rules that airlines have to fly by. is that going to change? >> well, no, i don't think it'll ever change, but it may diminish a little bit if the faa responds...

Jon: more questions coming about the decision to try the christmas day bomber in criminal court? >> reporter: well, i spoke to two people on the intelligence side this morning, and they said they fully anticipate in the question and answer section there will be a heavy emphasis on how the alleged christmas day bomber, umar farouk abdulmutallab was handled. as you know, he was put into the criminal system, not the military system, and what is significant is that the chair of the senate select committee on intelligence, dianne feinstein, has already said publicly she believes abdulmutallab shoul...