started drifting to the west or changed before it left the ground or even taking off that night at 12:41 a.m. we're trying to piece this together. brenner is a very, very good source on this we'll talk a little bit more about that. >> what is on the deleted files? bill: that we do not know. whether or not that is even relevant in this entire investigation. so whether we get it, we'll pass it to you. >> all right. meantime we do have other breaking news to talk to you about this morning. toyota and the justice department reportedly nearing a $1.2 billion settlement in order to avoid criminal charges. it all stems from a series of mysterious acceleration incidents linked to 13 deaths. stu varney, host of "varney & company" on the fox business network joins us right now. steve or stu, what is the latest on this? >> well, heather, this is the unwanted acceleration problem that burst into the headlines four years ago. remember there was a lexus speeding down the highway,