Transcripts For CNNW New Day 20141204

Streets of new york last night, after a grand jury did not indict new York City Police officer Daniel Pantaleo in the chokehold death of 43yearold eric garner. Its a very painful day for so many new yorkers. Arrests made throughout the night as outrage pulsed throughout the city streets for more than nine hours. Black lives matter. Most chanting garners last words before dying on this Staten Island street. I cant breathe. I cant breathe. Police, somehow in riot gear blocking intersections as protesters began shutting down some of the citys most iconic landmarks. Stopping the flow of traffic into and out of the island of manhattan for hours. Some lying down right in the middle of the road. The same inside Grand Central station. I cant breathe, i cant breathe. Where other protesters staged a massive diein as evening rush hour hit its peak. Police heavily guarding the rockefeller treelighting ceremony. As protesters tried to disrupt the show. The citys public outcry reaching a fever pitch nationwide. From los angeles. I am eric garner. To philadelphia. Where protesters took to city hall during their treelighting ceremony holding up signs reading black lives matter. The demonstrations across the country disruptive, but peaceful, fulfilling garners familys wish. Yeah, we want you to rally, but rally in peace. No violence. Officer pantaleo said in a statement, it is never my intention to harm anyone and i feel very bad about the death of mr. Garner. But garners wife says its too late. Hell no. The time for remorse would have been when my husband was yelling to breathe. That would have been the time for him to show some type of remorse or some type of care for another human beings life. A lot of emotion there, police will be conducting their own internal investigation. The u. S. Attorney will be conducting a civil rights investigation. As for the protests, alisyn, those will continue. Okay. Jason, thanks so much for that. President obama says the lack of an indictment speaks to larger issues between minorities and Police Officers. So whats his plan to bridge that gap . Lets bring in senior White House Correspondent jim acosta for reaction from the white house. What are they saying, jim . In a Rapid Response to the eric garner case, president obama promised changes to the criminal Justice System after ferguson and now new york city the white house knows all too well patience is wearing thin. Sensing a crisis that is growing, president obama waited just a few hours to weigh in. After the decision was announced not to indict a new York City Police officer in the chokehold death of eric garner. When anybody in this country is not being treated equally under the law, thats a problem. With emotions already raw across the country after the unrest in ferguson, the president tried to strike a balance. Recognizing the important work of Law Enforcement, while insisting the Justice System must change. Im not interested in talk, im interested in action. And i am absolutely committed as president of the United States to making sure that we have a country in which everybody believes in the core principle that we are equal under the law. Attorney general eric holder who will be visiting five more u. S. Cities to meet with civil rights leaders on the issue says the Justice Department is investigating the garner case. All lives must be valued. All lives. Adding more pressure on the administration, the u. S. Attorney overseeing the chokehold investigation also happens to be the woman tapped to replace holder, loretta lynch. Now our prosecutors will conduct an independent, thorough, fair and expeditious investigation. On capitol hill, members of the Congressional Black Caucus are insisting the president cannot tackle the problem alone. I do hope that the department of justice gives americans an opportunity to take this cancer and cut it out once and for all. Shut it down on the streets of the nations capital, there was a different kind of gridlock as protesters snarled traffic to send a message. Im sorry that travelers are inconvenienced, but its inconvenient to get shot in the street. Its inconvenient to get choked on videotape. President obama says he wants to start rebuilding trust in minority communities, in Law Enforcement quickly. So hes calling on the new 21st Century Policing task force which he launched on monday to issue recommendations within 90 days, alisyn, chris . Jim acosta. Thanks so much. We want to bring in the speaker of the new York City Council melissa mark vivarito. What was your reaction when you heard the grand jurys decision. To be honest, angry and very much frustrated and exasperated. Because we were seeing a sense of injustice that is being meted out in communities feeling that somehow justice is elusive. So we have to heal obviously as a city and we have to consistently demand reform, which many of us are doing. But the anger and the frustration is very valid. And we need to be able to express it in productive ways. I mean you say a sense of injustice, but this is the Justice System. They went before a grand jury with 22 civilian witnesses, 38 interviews were conducted. The officer testified in front of the grand jury and he said, that he was holding on to mr. Garner just to regain his balance. That was one thing he said. He said he was trying to make sure mr. Garner was not injured by the other officers who were rushing into the situation and he wanted to prevent mr. Garner, he says from biting them. And the grand jury believed him. The grand jury got it wrong and i think the grand jurys responsibility was just to determine whether there was probable cause and throw it over to a trial. I think at minimum there should have been a criminal trial to get the facts fully out there. The deliberations of this grand jury are not transparent, it is all secretive right now. We dont know what was presented to the grand jury. We dont know exactly what was said. By the prosecutor. Thats a system that is broken, right, where there is no transparency. We need to seek that kind of change and demand that that sense of fairness in the process as well. So there is a lot of work that we need to get done. But it is wrong to be living in a democracy where certain communities feel a sense of justice is not equal for them. So youve had that problem for a long time, speaker. And the question is now you have new opportunities to address it. What is the fix . One fix was you being present in Staten Island last night. Ferguson saw a big vacuum of leadership. You were out there to let the people know theyre not alone. Those who want to protest the decision, now you get into a secretive and lack of transparency. That doesnt go to the grand jury system. Because we use it well in a lot of ways. It goes when cops are involved and the prosecutors in those communities investigate their own cops. Do you think that has to change . And if so, how do you change it . No, i believe that has to change. I think there is obviously a problem when you have individuals who are elected first of all and second of all, that have a very close relationship they make their cases off the same cops. Exactly. So theres an issue there that has to be resolved. How do you change it . Because thats a big issue. What im concerned about as speaker of the city council and being the legislative body for the city of new york, how do we insure that reform is happening within the nypd in the way they are policing our communities. Thanks to the mobilizations that have happened, consistently, i, as well as other Council Members under the last administration, were asking for reform and changes. Weve seen vast changes, were not going to see the benefits of it overnight. Its very hard to legislate peoples sentiments and feelings. If there is a bias within individuals, who are policing our streets, its very hard to prove that there are greater systemic challenges. I think the president is speaking to it. Eric holder speaking about it, there is bias within the system and weve got to work to uproot that. That is our task. And as legislators and elected officials, we need to show leadership on that front. Why isnt this grand jury releasing the evidence and releasing the testimony in the way that the ferguson grand jury did . The system here in new york is very different and thats the way, the system is set up here. My understanding is that the d. A. Is asking for some aspect of releasing of information. Not all of it. Would that help . Would that go a long way towards the transparency that youre talking about . I believe if people know exactly what was presented. But not how. Its important not to cut you off. Speaker. You could see that. Right. Except youre still not in the room and we all know and i dont know why this doesnt come across clearly enough to people. The grand jury is a tool of the prosecutor. You can indict a ham sandwich because the prosecutor shapes testimony. Influences, weighs and. Because the groors, theyre not set up to investigate this independently, thats not what this is supposed to be. If you have that system. What are the calls youre hearing . Why wasnt there a special prosecutor. Which is what were asking for. But the doj its not that easy in new york. Dont you need legislation in order for this to be a mechanism, every time. That is a broader conversation that we would have to get into. Im not a lawyer, per se. Obviously were interested in the city of new york. Those of us that are Council Members on the ground in our communities every day, and i represent a community that has high levels of interaction with the police. And this is a reality that i hear from my constituents every day. Its a real problem. When africanamericans, when latinos, feel that there is a sense of twotiered system. Thats a very real, thats a reality. We have to face it. These kinds of incidents where we have a grand jury in the case of mr. Garner, and in the case of Michael Brown where people feel that its not fair. That is really a greater challenge that we have. You know, at the end of the day, eric garners family does not have their father coming home at night. Mrs. Garner does not have her husband coming home and those parents dont have their child. There is a real, something really wrong when all of us were able to witness this individual, this man being killed in front of our eyes. When you have eight to nine cops around who still cannot listen to his calls for help. There is something broken here and i think that at minimum that this case should have been taken to trial and that we should have been able to witness that in a fair and open way. Justice was not served here yesterday. The city needs to heal and i and my colleagues are committed to making sure that new york city system, and nationally we have a system that is fair to all. Speaker, thanks so much for coming to new day. Be sure to stay with us late they are morning. We will be speaking with eric garners widow about the grand jury decision coming up in our 8 00 hour. We have other news to tell you about. We want to bring you up to date al qaeda video threatening to kill american hostage, luke somers. Reports say u. S. Special forces narrowly missed freeing somers in a rescue operation just last week. The question is will the u. S. Negotiate with these terrorists . Pentagon correspondent Barbara Starr joins us now. We know we dont negotiate with terrorists, whats being done . The u. S. Will tell you theyre looking for mr. Somers, al qaeda in yemen posted this video showing him for the first time. He was working as a photo journalist in yemen when he was kidnapped last year. Lets listen just very briefly to some of what he said on the tape. My name is luke somers, im 33 years old, i was born in england but i carry american citizenship and have lived in america for most of my life. Now, as you say, michaela, late last month u. S. Special forces staged a raid inside yemen trying to free him. And other hostagesing he apparently had been moved a short time before the commandos got there. Also on the tape an al qaeda operative makes that statement. Threatening mr. Somers with a quote inevitable fate if their demands are not met within three days. Of course we dont know when that threeday clock runs out. We dont know exactly when this tape was made. The u. S. Policy by all accounts remains intact. They do not negotiate with terrorists. U. S. Officials say they are still looking for him. Michaela . Barbara starr, thanks to you. More victims of Sexual Assault in the military are coming forward. Now according to a new report from the pentagon, obtained by cnn, nearly 5 of activeduty women report being the victims of unwanted sexual contact in the last year. The number of incidents is actually believed to have gone down. But one in four women are now willing to report misconduct. That is up from one in ten just a few years ago. A member of the st. Louis rams is defending his actions following the controversial hands up dont shoot gesture. Some of he and his players did before sundays game, jared cook says he has nothing but respect for police in the community. Take a listen. It was a perfect example of a peaceful protest. If anything, if anything should have been said about it by anybody, it should have been an example of a way to peacefully protest and peacefully get your point across without tearing up your neighborhood. The st. Louis Police Officers association called the gesture tasteless and offensive. How about 2 for a gallon of gas . Its a reality in some parts of the country. In fact a gas station in Oklahoma City had regular gas at under 2 a gallon on wednesday. Parts of virginia, missouri, south carolina, texas and new mexico could see prices under 2 by the weekend. Increased production and more fuelefficient cars are contributing to the fouryear low. The average nationwide remains 2. 75 a gallon. It feels like the 1970s. Its been a long time since weve seen that price. Im going to drive to oklahoma to get that price and drive back. Road trip. A lot of people feel like its the 1970s in terms of what were seeing with the police. We know that the officer in the nypd chokehold case will not face a judge. The question is will he keep his job . Chokeholds are not allowed by the nypd. But it turns out not all chokes are the same in the eyes of the department. We interviewed the new York City Police commissioner about this. Youll hear his explanation. And were counting down as nasa gets set for a big launch. 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It looks bad on its face because the chokehold that seems to be being used is not allowed to be used. So its frustrating to hear for your critics that theres an investigation when the situation seems obvious. It seems to speak for itself. Well, it does not. Thats why we the impression it looks awful. But its lawful. The role of the District Attorney is to determine were any of the actions of the officers involved illegal. My role and responsibility is were any of the actions of the officers involved inappropriate. Could they be illegal but appropriate . No. Theres a potential possibility interestingly enough. They could be illegal, but appropriate . For example, many in the media have referred to the chokehold as illegal. Yes. You cant find anywhere in the statutes of new york city chokehold. So where does that come from . Its a police term of art. Its a policy term. We have a prohibition against choke holds. It appears to be a chokehold as we understand it. Was it . How could it not be . Based on what youve seen and ive seen . Ive been around a long time in this business that what it appears to be sometimes may not be what it is. The garner incident grew out of a is stop for selling illegal cigarettes, the criticism su go after these petty things, you wind up targeting poor people, minority people all the time. You got a guy who was dead and all he was doing was selling illegal cigarettes. Is that fair criticism . Unfair criticism. Were focusing on behavior. If the behavior happens to be occurring in an africanamerican neighborhood, a latino neighborhood or a white neighborhood, were going to take action. If we were ignoring it, it would be taking our heads off. Is that true . Thats for to you decide, tweet us and let us know. Lets get perspective. Cnn Law Enforcement analyst and former fbi assistant tom fuentes and former c. I. A. Analyst Danny Cevallos. You have problems with how the case was prosecuted or not prosecuted in the grand jury and you have problems with whats okay and not okay with police. Tom, lets start with the police, new york has its own prohibition against chokeholds for various reasons. Came out in the 90s, you know this. How when you see that will it not be interpreted as a chokehold by the cops . Well, unfortunately, chris, he was choking him. And whether he meant to or not, i think is a different issue. And we dont know what all the testimony was, with all of the officers, in particularly pantaleo at the grand jury. But the particular hold you know, thats not a hold that was ever taught by the police and i was taught you know, a method years ago. When i was a Police Officer, and when i was an fbi agent, and it was basically to put pressure on both sides of the carotid artery to cut off blood flow to the brain, or reduce it until the person fainted. It supposedly did no permanent damage. The Reason Police departments banned it is because it was so easy to miss apply it and put pressure directly on the throat and cut off the air. It was too easy to have an accident. So when you say a lawful hold. I think pantaleos side of it is once they tried to take him into custody and he refused, it looks more like a horse collar tackle. He throws his arm around his neck and tries to bring hick down and in the process of holding him he does have his forearm across his throat and is choking him. Tom it just seems like, what are we talking about here . Hes choking the guy. Hes choking him. The choke is not illegal, the grand jury obviously found it was justified in the circumstances, thats why they didnt indict. But hes choking the guy, danny, let me bring you on. How is that not a choke . He put his arm across him, he grabbed him he held. The guy went to the ground, he held on to him the whole time there. Its a choke. Its just a choke. The question is what do the police do about it . How is it not a choke . In the last few days, im starting to question what exactly a chokehold is. Because there are many definitions, chris, theres submission holds. Are we playing with something to give a cop a break . Youre asking, we should is take a step back. Youre asking was there too much force . Five Police Officers, however many officers, they apply pressure around the neck. Some people think thats Excessive Force. The guy is screaming i cant breathe, i cant breathe. If you talk to Law Enforcement experts, they will to a man say if a person is saying i cant breathe, that means they can still breathe. But to a citizen, that sounds like good lord, if you cant breathe sometimes you can say i cant breathe. And it sounds a little harsh. So that is, that goes to the problem right there. Which is when it comes to officers safety if we tinker with it at all and restrict officers do you think thats why they found it justified because they thought the officers were at risk. Watch the force continuum as trained officers, once you make an arrest everything is ziped for officer safety if a person doesnt immediately comply, they can move right up the force continu continuum, thats the way theyre trained. Do you think this was a situation where they had to do everything they did to get this guy down . Do you they think they needed to hold on to him . At that point they had because he wouldnt comply. What youre asking for Police Officers is once the determination is made that an individual, youre under arrest, well now we can debate it. We can have a constitutional debate on the sidewalk and you dont see how long that discussion lasts. The police dont immediately put hands on him until after theyve been talking about it and four or five officers, including an africanamerican female sergeant who was on the scene, overseeing this whole operation. At a certain point theyve got to touch him. Thats just wait it goes. When you resist arrest physically resist, bad things can happen. Understood. And that is a separate discussion about how you get to that point of why youre resisting. But its a big discussion and its important. Absolutely, tom, im with you and thats why we love having you on. Now you get to the second piece and this will continue beyond today. The prosecutor use as grand jury as a tool, danny. Thats why you get so many indictments, probable cause is a low bar. And theyre shaping cases in that direction, thats the reality, true . Yes. Not here. Listen people are up in arms because they say the prosecutor, wept into it with some subtle bias. He may not have presented it way the he should have if he wanted an indictment. But thats exactly the way our system is designed. Prosecutors have and we have the word plenary, it means almost complete unfettered discretion to decide which cases to charge and which cases not to charge. And they put it to a grand jury. If you dont like the grand jury outcome ive got bad news for you, because the grand jury is probably the most democratic form of criminal prosecution in a completely undemocratic system that we have, which is criminal prosecution. Well continue this conversation, tom fuentes thank you as always. Danny cevallos, the reason you dont put your defendant in front of a grand jury is because youre afraid of what the prosecutor is going to do to them. But when its a cop, its to their advantage, thats something that has people very confused. Were doing the interviews to keep the dialogue going, what do you think . Tweet us or reach us on facebook. 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Com for great deals. And start bidding today welcome back to new day. All eyes are on Cape Canaveral this morning, youre looking live right now. In about 30 minutes, nasa is set to launch its newest spaceship orion for its first test flight. Orion could pave the way for putting man back on the moon and in the future even on mars. Cnns Elena Machado is at the Kennedy Space center with more, what are you seeing . Orion is sitting just behind me at the Space Launch Complex 37 at the Kennedy Space center. Even though its windy here, were being told that the launch is still a go this morning. Orion will spend four and a half hours in flight. Orbit the earth twice and reach an altitude of up to 3600 miles from earth. To get an idea of how far that is, thats about 15 times higher than the International Space station. Now no one will be on board this flight. This is really a test flight to take a look at Critical Systems like the heat shield and also the parachutes that are supposed to slow down orion as it makes its way back to earth. And if everything goes as planned, orion is set to splash down in the Pacific Ocean at around 11 30 eastern. Now we are waiting for an update on the weather conditions. Theres going to be a weather briefing in just a few moments, so far, everything seems to be going on track. Alisyn . Well watch that live unless you tell us otherwise. Other news to get to, lets go over to michaela. I like your pronunciation. Its very international. Thanks so much. Lets take a look at the headlines, 33 minutes past the hour. Three more women have come forward now with claims that they were sexually abused by bill cosby. The women were joined by Attorney Gloria Allred who said cosby should consider waiving the statute of limitations. Or set up a 100 million fund for the alleged victims. In the meantime, cosbys two shows scheduled this weekend in terrytown new york have been postponed. In the wake of nearly two dozen allegations of sex abuse. A defiant russian president Vladimir Putin defending his countrys annexation of crimea. In his annual state of the nation address to russian parliament. He condemned western sanctions in response to russias role in Eastern Ukraine saying they are harmful for all nations. Puta message for the russian people say they need to be more selfsufficient, because tough times are ahead. Pope francis has fired the head of his private security detail. The vatican announcing that daniel anreg will no longer serve as the leader of the swiss guard after the end of next month. No explanation was given for the decision, but it is widely believed the pope wasnt fond of the commanders ironfisted approach. Despite protests nearby over the grand jurys decision in new york, the rockefeller Tree Lighting ceremony went off. Thousands packed the plaza to watch the 85foot norway spruce get illuminated with 45,000 l. E. D. Lights. The starstudded ceremony included mariah carey, tony bennett as well, getting people in the holiday spirit. Hard to do when theres a little bit of rain in the air. Rain and rage. And new york is so big, they can do both, they can have a tunnel shutdown and a massive tourist attraction the same night. A lot of the protesters, there were some arrests, most were trying to be heard in those areas, as posed to being disrupt i have been. That made a big difference, also. Extreme weather doing major damage. Driving rain keeping drivers on their toes, the rain opened a sinkhole in the road. But all the rain, Indra Petersons is about to tell us, could be a good thing because of the drought condition that california is dealing with. Is that true . Its a good thing, its going to help the drought, theyve had such a shortage of water, it will take more rain than this to recover. You never want this much rain in just one storm. Many places in southern california, this is the biggest storm theyve seen in nine months it looks like a little breather. Heres the first storm pulling away, notice the big moisture source separated from the storm. There is another storm making its way in, most likely just affecting Northern California through the weekend. Either way, more rainfall expected to impact the region. Everyone has been asking, it was so cold in november, is this what were expecting as we go through december, no. Take a look at november, all the cold air going down into the southeast. Now as we look through the outlook for the next several weeks, notice how high the jet stream is it looks like everyone is going to be above average or near average keeping the bitter cold air where it belongs, back in through canada. Keep in mind if youre looking at the weekend forecast each day well be talking about a little bit more moisture spreading into the ohio valley, midatlantic and northeast. By tomorrow or saturday it will be the soggiest day of the week. Right now, almost 70 degrees at Cape Canaveral. Winds calm but expected to pick up throughout the day. Im sure thats a discussion theyre having through the day and visibility only about five miles. So something theyll be looking at closely. Thanks so much. All right so a grisly murder, a mystery now and its unfolding in abu dhabi. This Surveillance Video shows the suspect in the murder of an American Teacher at a luxury mall. Did the teacher ignore warnings about her safety . Well tell you the story. Turn around every now and then i get a little bit hungry and theres nothing good around turn around, barry i finally found the right snack [ female announcer ] fiber one. My baby drove up in a brand new cadillac. 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If you develop these, stop chantix and see your doctor right away as some can be lifethreatening. Tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. Get medical help right away if you have symptoms of a heart attack or stroke. Decrease alcohol use while taking chantix. Use caution when driving or operating machinery. Common side effects include nausea, trouble sleeping and unusual dreams. Im a nonsmoker, that feels amazing. Ask your doctor if chantix is right for you. We have news of an american being killed abroad just this past monday. A teacher stabbed to death in the bathroom of a highend mall in abu dhabi. Now investigators are trying to track dan her suspected killer seen on Surveillance Video before and after the crime. Sending terrified shoppers running for safety. Becky anderson joining us live from abu dhabi live this morning. What do we know, becky . Its being dubbed the reem island ghost. The unknown suspect who brutally murdered an American Teacher in a mall in the United Arab Emirates capital city. Authorities here are baffled by this attack. Desperately trying to find out who killed this american woman. And why. We must warn you some of the images you are about to see are graphic. Police in abu dhabi now on the hunt for this masked assailant. Accused of fatally stabbing ibolya ryan, a 47yearold American School teacher and mother of 11yearold twins in the bathroom of this upscale mall. This cctv Surveillance Video captures the before and after. The suspect is seen entering the mall from an underground parking garage wearing an abaya, a fulllength black gown gloves and a veil that conceals the face. The clothing is traditionally worn by local women. But police havent identified if the suspect is a woman or man. Watch as the suspect talks to a security guard, then walks towards the womens rest room. But stops to remove what appears to be a newspaper. According to police, an argument breaks out inside. The reason, still unknown. Ryan is stabbed with a kitchen knife six times before her availant is seen running for the elevator and fleeing from the parking garage 90 minutes later. Ryan was take ton the hospital but later died of her injuries. Police now asking for the publics help to track down this killer. As fears mount about whether or not this was a targeted attack. Just a month ago, the u. S. Embassy in the uae issued a warning to americans urging them to be careful fog a recent anonymous posting on a jihadist website that encouraged attacks on teachers at american and other International Schools in the middle east. U. S. Embassy is working with the appropriate authorities to seek further information in this situation and shouldnt jump to any conclusions, we dont have all the facts here yet. Officials now advising u. S. Citizens in the region to take expractice ptra precautions. Ryans children are in the care of local police while they wait for their father, ryans exhusband, to arrive from abroad. Violent crime in abu dhabi, i have to say, is very, very rare. And eye witnesses and residents alike expressing shock in the aftermath of this attack. Chris, we are about to leave the bureau here for a press conference and a statement from the interior ministry here. Well know more about perhaps who and why on this incident about 90 minutes from now. Absolutely. Becky, we know how well you understand the region and it is known as being safe. There was a caution in effect for u. S. Travelers going to abu dhabi. It is yet to be seen how theres a connection between what that threat might have been and what actually happened in this situation. But thank you for staying on it for us. Becky, always good to have you on the show. All right so in the wake of the no indictment decisions in the eric garner and Michael Brown cases, understandably racial tensions are high. Is president obama doing enough to lead on this issue . We will ask people on both sides of the aisle and let you decide. Okay, so racial tensions are rising over the Michael Brown and eric garner cases. Many are going to look for leadership here. A big vacuum of it in ferguson. At the top of the food chain is president obama. What can he do to create positive change here . Lets bring in paul begala, cnn Political Economic tator and democratic strategist and Senior Adviser to superpac usa action and kevin madden, a republican strategist. Lets do this, gentlemen, let us have agreement first. Do we all agree that there is a need for change . Yes . Absolutely. Do we all agree that it must come if our Political Leadership . Yes . In part. It has to come from we the people. Not just Political Leadership. Paul is right. What is the role of Political Leadership here, kevin madden and is it getting done effectively . I think the president is taking a very measured approach. In some of the remarks he made when the president said this is not a black problem, its not a white problem, this is an american problem. Think if you take out whether or not hes an africanamerican or whether hes white, or take out whether hes a republican or democrat, thats a statement that so Many Americans would agree with. And so Many Americans i think would say at part of how we understand the problem and how we go about fixing it. So in that sense i think the president s measured approach while it may not please everybody might be the right approach. Paul, youre a democratic strategist. What would you have president obama do and say today . Well today, you have to set the tone and you have to set the policy. I think hes trying to do that. The tone has to be an appeal to unity, to community. And Barack Obamas brand, if it stands for anything, it stands for unity. Its the reason we made him our president , we called to bring this country together. First time on the National Scene saying theres no red states or blue states, theres only the United States. Second part of setting the tone is hearing, listening to the people who are so frustrated, so heartbroken. A lot of pain out there he needs to listen to that and absorb it. Then you have to set policy and thats where you have to get all the big brains in and talk about what do we need to do different and bet anywhere terms of policing perhaps in the use of grand juries and youve been discussing earlier with other guests, those types of things have to come, too. These are not new complaints. You have a flash did the point because you have backtoback cases and timing is important. These are not new issues. What do you think is the obstacle to change. Well youre right, these are not new issues and i think one of the big challenges that the president has here is he has suffered from very high expectations, almost unrealistic expectations, when the president first came into office in early 2009, so many people believed that he was going to be able to improve race relations, as we know, many of the divisions are very deepseated, no one person is going to solve them. I think that the president right now, what he has to do is he has to go back to being a unifier. I agree with paul, that he has used to have a unity brand. But one of the big problems is over the years that hes actually become very divisive. A Divisive Political figure. So this is one of those instances where he has to again be the president of everyone. I think hes trying to do that and i think its difficult, given the fact that he doesnt have as much Political Capital as he used to have. It is difficult, paul, because at times in the past president obama has stepped in it a little bit. Im thinking of 2010 when he waded into the controversy in cambridge, massachusetts when Henry Louis Gates was arrested by the Cambridge Police and president obama called that stupid. And then ended in a beer summit he sort of had to apologize to the police. He cant be seen as always siding against the police. Thats a good point. Especially on that case, youre right. I think it hurt him in the polls, but he spoke out. And an eminent professor at harvard arrested in his own home. Falsely presumed to be breaking into his own home. The president is a friend of skip gates, now that hes been president for a long time he understands hes the leader of the executive branch. There are ongoing investigations in ferg son and now in new york. He cant prejudice those, he cant go as far as some of his supporters might want him to go. Because you dont want to prejudice a federal investigation. When youre out there with the protesters, theyre not talking politics, but what theyre asking for is almost exclusively political. Youre getting to see how local leaders respond. And ferguson, we saw i would submit, a vacuum of leadership, a governor who seemed remote, a mayor who didnt seem to get it. You know and local officials who were largely absent. Not all of them, but some. What did you see in this situation in new york . Did they do better . Look, i think at the heart of it is its not just politicians, its political leaders, community leaders, what weve seen with so many of the incidents, there are problems or frustrations or tensions at the local level. You had the mayor out front with his biracial family saying how this aks him as well. Do you think this made a positive impact . Im a new yorker, im from yonkers, new york, you have a much more diverse police force, you have a lot of community policing. So many of the police are embedded in the communities that they are policing. That is also one important step to having a different situation than you may have had in ferguson. At the heart of it, chris is the dialogue between all local leaders, not just relying on local politicians to propose a bill, pass a bill and think all the problems are going to go away. I want to ask you about something that dr. Ben carson. Who is considered a potential candidate in 2016 said yesterday about ferguson, now this was before the grand jury decision came out here in Staten Island. This is what he said in terms of not setting up the conversation against the police, let me play this for you. I challenge people all the time. Imagine living for 24 hours with no police. People would be walking into your house saying hey, i think i like that television, im taking that. It would be total chaos. So the police are our friends. Are they perfect in all cases . Of course not. Paul, does president obama need to reflect some of that sentiment . The police are our friends. Yes, look hes the leader of the executive branch. I dont know how many cops hes got under his jurisdiction. Dr. Carson, eminent surgeon, if i ever need brain surgery, i would go to him. Not much of a politician. Nobody is saying we should do without cops. Thats the kind of thing that frustrates people. There is legitimate pain, theres legitimate anger and politicians and dr. Carson is one now, they need to listen to that and reflect that you saw on the graphic refer to mike huckabee. A really good guy, leading republican, he won the Iowa Caucuses a couple of years ago, he called mike brown a thug, which can only, i think increase the pain and the frustration and anger, and exactly politicians ought not do. They need to listen first. Before they open their big mouths. People make judgments in the absence of fact and transparency. One thing weve seen in both of these situations, guys, when you dont have a process that people can see and judge for themselves. That seems open and honest youre going to have trouble. Thats something that require as political fix. Paul, kevin, lets leave it there. We have a big story, lets get right to it. Im determined to get justice for my husband. Protests erupting in new york and across the country. The police here have shut off the henry hudson. The grand jury decides not to indict a white Police Officer. This was an arrest for an extremely minor crime. I cant breathe i cant breathe black lives matter, its a phrase that should be selfevident. We see a man dying on video and theres no indictment. How frustrated do people feel. Can you imagine if we didnt have this video what their story would be . The grand jury saw a lot more than what we have seen. Its time for to us make more progress than what we have made. We are marching against wrong. We want you to rally, but rally in peace. Good morning, everyone, welcome back to new day. We have breaking news, im Alisyn Camerota with chris cuomo. If ferguson was a Tipping Point in this country, communities across america this morning say they feel like they are more on edge. A white new York City Police officer was let off the hook after being caught on videotape choking an unarmed black man during an arrest. A grand jurys decision not to indict officer Daniel Pantaleo in eric garners death yesterday. Obviously the move sparked protests across the country. Were out in the thick of it last night here in new york. Similar scenes played out across the nation. Dozens of hands, people hauled off in handcuffs in new york. But no real violence or destruction, important to know attorney general eric holder is launching a probe into garners death as he did with Michael Brown and the Garner Family is speaking out. Before we get to our coverage of what happened, were also monitoring something else. Nasas test flight of the orion spacecraft. The launch is a few minutes away, well bring it to you when it happens, it will be in the corner of your screen so you can watch. Our top story, Jason Carroll joins us live from times square with more of what happened overnight after the eric garner decision. This was a very different feel than ferguson last night, jason. There was a different tone and different tactics by the protesters. Oh yeah. Much different, we saw the protesters out here it they marched, they chanted, they held signs. They gathered throughout the city. To speak out for eric garner. I cant breathe, i cant breathe protesters poring into the streets of new york last night after a grand jury did not indict new York City Police officer Daniel Pantaleo, in the chokehold death of 43yearold eric garner. Its a very painful day for so many new yorkers. Arrests made throughout the night as outrage pulsed throughout the city streets for more than nine hours. Black lives matter most chanting garners last words i cant breathe before dying on this Staten Island street. Police, some in riot gear, blocking intersections as protesters began shutting down the citys most iconic landmarks. Stopping the flow of traffic into and out of the island of manhattan for hours. Some lying down right in the middle of the road. The same inside Grand Central station. Where other protesters staged a massive diein, as evening rush hour hit its peak. Police heavily guarding the rockefeller treelighting ceremony. Three, two, one chap. [ cheers and applause ] as protesters tried to disrupt the show. The citys public outcry reaching a fever pitch nationwide. Ho ho, these cops have got to go. From los angeles to philadelphia. Where protesters took to city hall during their treelighting ceremony, holding up signs reading black lives matter. The demonstrations across the country disruptive, but peaceful, fulfilling garners familys wish. Yeah, we want you to rally, but rally in peace. No violence. Thats all i ask. Officer pantaleo said in a statement, it is never my intention to harm anyone and i feel very bad about the death of mr. Garner. But garners wife says, its too late. Hell no the time for remorse would have been when my husband was yelling to breathe. That would have been the time for him to show some type of remorse. Or some type of care for another human beings life. New york citys mayor saying last night black lives matter. Echoing what many demonstrators were saying here in new york city, not just in new york, but in ferguson as well. Going forward, the nypd will be conducting its own investigation. Protesters say they will not stop demonstrating. Alisyn . Jason, thanks so much. President obama calling the outrage over eric garners death an american problem. And saying its an issue thats been going on too long. Lets bring in jim acosta for more on the reaction from the white house. What is the president suggesting, jim . Good morning, alisyn. In a Rapid Response to the eric garner case, president obama is once again promising changes to the criminal Justice System. But after ferguson and now new york city, the white house knows all too well patience is wearing thin. Sensing a crisis that is growing, president obama waited just a few hours to weigh in. After the decision was announced not to indict a new York City Police officer in the chokehold death of eric garner. When anybody in this country is not being treated equally under the law, thats a problem. With emotions already raw across the country after the unrest in ferguson, the president tried to strike a balance. Recognizing the important work of Law Enforcement while insisting the Justice System must change. Im not interested in talk, im interested in action and i am absolutely committed as president of the United States to making sure that we have a country in which everybody believes in the core principle that we are equal under the law. Attorney general eric holder, who will be visiting five more u. S. Cities to meet with civil rights leaders on the issue, says the Justice Department is investigating the garner case. All lives must be valued. All lives. Adding more pressure on the administration, the u. S. Attorney overseeing the chokehold investigation also happens to be the woman tapped to replace holder, loretta lynch. Our prosecutors will conduct an independent, thorough, fair and expeditious investigation. On capitol hill, members of the Congressional Black Caucus are insisting the president cannot tackle the problem alone. I do hope that the department of justice gives americans an opportunity to take this cancer and cut it out once and for all. On the streets of the nations capital, there was a different kind of gridlock as protesters snarled traffic to send a message. Im sorry people over here are inconvenienced, but its inconvenient to get shot in the street. Its inconvenient to get choked on videotape. Its inconvenient to have no justice. And the president says he wants to start rebuilding trust in Law Enforcement in minority communities, hes calling on his new 21st Century Policing task force, launched on monday to issue his recommendations within 90 days. Alisyn and chris in. Thank you very much. Lets bring in congressman hakeem jeffries, hes a member of the House Judiciary Committee and incoming whip of the Congressional Black Caucus. Lets take on the big issues, whats your reaction to the grand jury not deciding do indict. Yogi berra once said, its like deja vu all over again. We see a young, unarmed africanamerican male killed by a white Police Officer without justification and we see our broken criminal Justice System fail at this point to deliver accountability and consequences for the excessive use of police force, it really is a stain and a blow to the credibility of our democracy. We are all entitled to equal protection under the law. But apparently, when it relates to an encounter between the police and an africanamerican gone wrong, that results in a death, that does not always apply. Right, but congressman, you dont have a prosecutor saying im not going to charge, i dont think theres anything here, you have a grand jury, a democratic body and what is decidedly a nondemocratic process, its all the prosecutors show, looking at the evidence and saying, this was justifiable force under the circumstances, how much better can you hope for in terms of process . Well thats an important point, chris. Because it is the prosecutors show. And it doesnt appear that this prosecutor at least based on what we know today, was interested in the grand jury turning out any type of indictment. This grand jury could have accused the officer of criminally negligent homicide. Involuntary manslaughter. Depraved indifference to human life. No one was asking for an indictment for intentional homicide. But the medical examiner in this instance did say this was a homicide resulting directly from the chokehold. Thats why the grand jurys decision is inexplicable. A little bit of the explanation goes to how the grand jury was used by the prosecutor. Do you believe that local prosecutors should investigate and prosecute cases against their own police force . I think its a serious problem when you have local prosecutors whoeverry day rely on Law Enforcement, the Police Department, to make their cases, they work in tandem. Each and every day, throughout the entire year, to then be asked to turn around and aggressively prosecute a Police Officer accused of unlawfully using Excessive Force, the proof is in the outcome. Time and again, whether it was in ferguson, Staten Island in this instance, in many cases throughout the history in new york city and american, we see this type of outcome. Thats why its important for the department of justice to step in with a civil rights investigation and broughter reform and whether these types of cases should be handled by independent special prosecutors so we can have some measure of fairness and a full and fair investigation. That hopefully results in a trial for everyone to be able to see. Find out what really happened. How do you deal with the facts on the other side or what youll call the bad facts from your perspective here. This guy had a long rap sheet, he was approached by the officers, he was told to comply, he did not comply and he put the officers in a situation we know what happens when an officer tells you to comply and you dont comply. How should that factor in in terms of the understanding of what happened here and why . Well this exchange was all caught on videotape. And certainly, eric garner initially with his statement, this ends today, was tired of the Police Harassment that he believed he had been subjected to. He was being approached by Police Officers concerned about him selling loose cigarettes. At worse, that is an administrative violation. Its not a capital offense that should have resulted in his death. And in the video, which clearly shows that at a certain point, he agreed to submit to what was taking place, he even put his hands up in the air. Chris, and at that point pantaleo continued to choke him, drag him to the ground and eric garner said 11 times on video i cant breathe. 11 different instances, pantaleo didnt respond and the Police Officer who is were there did not respond. Thats whats troubling. This exchange was caught on video. It was a living, breathing example of probable cause to indict. And yet, we still can get no justice in this particular instance. A do you do to tell the community, white and black, but who have concerns about the police, this is not about demonizing the police. Is it . Its about finding a way to make the process more transparent and how we police each other. But you believe the police in the main are out there to do the right job, right . Thats a great point, chris, no one appreciates the hard work of the Police Department in new york city and all across the america than communities of color. Particularly those suffering from higher rates of certain forms of criminal activity. But we need a balance between effective Law Enforcement on the one hand, and a healthy respect for the civil rights and Civil Liberties of communities of color on the other. And what were see something that we have to get that balance correct. And weve got to use this moment in america, what more does america need to see than a video where someone is cloaked to death, killed as a result of the actions of a Police Officer and theres no indictment. Weve got a problem, but hopefully we can use this moment, chris, to address did. And build the type of trust and respect between Law Enforcement and every single american that this countries deserves. Congressman, i dont need to tell you this is your city, you represent new york. But its hard to make change when everybodys tempers are hot and you know you cant forget this weeks and months from now when were not in the crisis mode any more because thats when change has the best chance to take hold. Well stay on the story and see what youre able to do on the federal level to help make things better. Representative hakeem jeffries, thank you for being on new day. Joining us next hour, well have the attorney for the Garner Family. Their experience and what they think should happen next. A lot of news, michaela is next. Breaking overnight, newly obtained video shows an al qaeda affiliate in yemen threatening to kill a britishborn american hostage if the u. S. Does not meet demands this week. Luke somers pleads for his life on this recording. Reports say u. S. Special forces narrowly missed freeing somers in a rescue operation recently. Our Barbara Starr has the latest. Good morning, barbara. Good morning, michaela. The tape from al qaeda in the arabian peninsula, al qaeda in yemen, one of the most dangerous al qaeda affiliates, luke somers was kidnapped by them late last year. He was working as a photographer inside yemen. Lets listen to a little bit of what he had to say on the tape. My name is luke somors, im 33 years old. I was born in england, but i carry american citizenship and have lived in america for most of my life. Now, late last month u. S. Special forces landed deep inside yemen and attempted a rescue where they believed he was being held along with other hostages, he was not rescued. He had been moved a short time earlier. On the tape mr. Somers says he knows that he is in danger. He is concerned about his fate. And al qaeda operative then comes on the tape and says and threatens mr. Somers if the United States does not meet al qaedas demand, as this al qaeda operative says, within three days. We do not know of course, exactly what day this was filmed. We dont know what that exact threeday deadline is. The United States has of course is still looking for mr. Somers. This has been a very quiet case. His family has asked for no publicity. But now this tape of film and his voice finally emerging. Michaela . Another terrible situation weve seen before. Barbara, thank you so much. Disturbing and concerning development here, the Police Officer who killed a 12yearold boy in cleveland had previously been deemed unfit for duty at another Police Department. Officials in independence ohio were on the verge of firing officer timothy homen saying he was quote emotionally unstable and had an ability to perform basic functions during a weapons training exercise. Tamir rice, the 12yearold boy was killed after waving a fake gun at people in a youth park. A pentagon report obtained by cnn shows more reports of sexual abuse in the military but fewer actual incidents. 5 of active duty women report being the victims of unwanted sexual contact in the last year. That spike something attributed to more women being willing to report abuses in the system. Some who did report abuse are said to have faced retaliation. If you happen to get a flu shot recently, dont be surprised if you still get sick. According to the center force disease control, the current virus has mutated. Making this years vaccine less effective. Officials still recommend getting the flu shot since it can still decrease the severity of the illness. Currently the cdc says flu activity is low across the country. Got to show you this heartstopping video, a baby stroller with a toddler falling onto the train tracks in australia. The childs grandfather looks away briefly. The grandfather frantically jumps on to the tracks, he and some helpful bystanders lifted the child up. Were told that she is being treated at a hospital for facial injuries and we understand there were no trains in either direction expected for some time. So thank goodness that turned out okay. Thanks so much. Michaela. Two grand jury decisions, one in ferguson last week and one in new york last night. Another one sparking outrage across the country. 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However the New York Times interviewed the officers attorney. Heres what he says the officer told them. He said the officer said he had to keep his arm around eric garners neck to protect garner. He told the grand jury officer pantaleo continued to hold ton mr. Garner as he struggled to regain his balance. He said wasnted to make sure mr. Garner was not injured by the other officers rushing in as well as to prevent mr. Garner from possibly biting one of them. Danny, that doesnt look like whats happening in the videotape. But the grand jury believed that testimony. Well remember, thats just what his attorney is characterizing the testimony is what it demonstrates is something that Defense Attorneys like joey and i have known for a long time is that Police Officers are exceedingly good at testifying before any kind of jury. Whether grand jury or petit jury. And you know, we know that they are able to sort of bolster their case, however, it is true that in new york, this is, selling loose cigarettes is a misdemeanor and police have the authority to initiate and arrest, if they believe a misdemeanor is being committed. From there, thats when we begin the force analysis. If somebody is resisting arrest, admittedly the new york Police Department does not have clear policies on resisting arrest and what is the measure, the appropriate force response. There is some problem there. However, if this officer was able to justify it to the grand jury, then that is probably why, because we dont know if well ever know what exactly he said, thats probably why the grand jury chose not to indict. Joey, the grand jury got to hear from officer pantaleo, who represents eric garner to the grand jury . Thats supposed to be the prosecutor because the victim is eric garner. And as a result, thats why you have the prosecution presenting the evidence, presenting the information and in a in fact is part of the problem. Just slowing it down for one moment, alisyn, its fine that the officer testified in the grand jury, but we have a videotape and therefore, theres a videotape, notwithstanding whatever the officer says, that apparently depicts and shows what he said. So when you go to the question of who represents eric garner, it should be the prosecutor. And that has part of the Community Outraged in terms of the process. Should there be a prosecutor presenting a case in front of a grand jury that involves police . Who you work with every day, who you rely upon for your cases. Who youre expecting to present cases in the future. Should there not be some independent such that the community could trust the ultimate outcome of the case. And how can prosecutor represent eric garner, when eric garner was committing a misdemeanor that the police said that they needed to arrest him for . Isnt that a conflict of interest for the prosecutor . Well, prosecutors dont exactly represent victims, theyre not the attorneys for the victims, theyre the attorneys for the people. Whose voice did the grand jury get to hear representing the victim . Well, the victim is no longer with us. Thats the point. He cannot testify. But thats the best our system can do. Until we can resurrect victims to testify before a grand jury we have do rely on the prosecutor. The complaint that youre making, its a valid one, is that prosecutors come to the table with some preconceived ideas about a case. I said this last hour, that is the way our system is designed. We have given prosecutors almost complete discretion to decide what case to charge, and a case not to charge. The odd part here is for Defense Attorneys like joey and i were usually in the position of saying you charged a case you shouldnt have. Its rare that were arguing about a case that should have been charged, but was not. Thats the discretion we give prosecutors, if you dont like the grand jury process, strangely enough its the most democratic part of an undemocratic process. Joey, another thing that officer pantaleo testified to, according to his attorney, he had to keep his arm around eric garners neck because he was pressed up against a plate glass store window. He was afraid he was going to go through the window. He had to keep it around his neck to bring eric garner to the ground. He makes a very compelling case, the officer when you even read it, its very compelling and the grand jury believed him in person over what they saw with their eyes on the videotape. Well apparently he did make a compelling case, alisyn. Because the grand jury, no true billed it. They returned no indictment. Butt larger question becomes, if you have a prosecutor who is controlling the order of witnesses, the flow of information, who testifies, who doesnt testify, the manner in which the case is presented should that be reexamined . Its all about i understand the grand jury is the process we have now. But thats what needs to be examined. Should that in fact be . Understand that the whole reason for the grand jury is to engender confidence, so you dont have a prosecutor run amuck. So you have a check and balance on the prosecutor. And if that system does not appear to be working, and were just talking about probable cause to believe that a crime was committed. And that this Police Officer committed it. Thats the standard. 23 grand juries, a simple majority in new york, 12, which are needed to return an indictment. So alisyn, finally, even if the officer testifies his arm, they needed to grab him so he wouldnt go through a plate glass window, could it not be negligence inferred by the grand jury or come back and said he didnt do it intentionally, maybe he wasnt even recklessly or consciously regarding a rick. Because he careless in doing that when someone saying i cant breathe. You have to look at the system and the process and as long as it engenders trust and respect in the community its a valuable system. When it doesnt, it needs to be questioned, looked at and perhaps changed. Its engendering frustration and anger this morning. Whats the answer to make this whole process, the grand jury process more satisfying for people . People are demanding the process should be changed, it needs to be fixed. Im not sure thats anything more than semantics, i dont know what we can change in the system. The grand jury system is provided for in our constitution. Ive heard the idea bandied about. Its not a bad idea. As long as the system can handle. There are so many allegations of Police Brutality per year. If the system and we can fund independent prosecutors every time theres an allegation against the police, then bravo, lets do it. Whats your idea, joey, quickly. The idea is when you have a Police Officer involved, whether its a shooting, whether its an accident, whether its an injury, no mat weather it is, you have an independent person who presents that case. When you have the local prosecutor who is working with those police, who has cases in front of them from those Police Officers, thats not the appropriate body to be dealing with and presenting a case. My issue, alisyn is not so much the grand jury itself. Its the way in which its controlled. I used to be a prosecutor. You present the evidence to the grand jury in the manner that you want to present it. Thats why you heard and keep hearing that a grand jury could indict a ham sandwich. Because if a prosecutor wants an indictment, theyre going to get one. Should that be the system that we have . I dont think so. Perhaps we should examine looking at changing it. We are examining that today, thanks so much for your expertise. We want to know what you all think. Can you find me on twitter and join our new day conversation at facebook. Com newday. Over to chris. It may not be have been the socalled bourbon summit, but president obama and income majority lieder Mitch Mcconnell spent time together on wednesday. What kind of time did they spend . We have clues and john king has them on inside politics. Of heroes and titans. To wl for respawn, building the best Interactive Entertainment begins with the cloud. This is titanfall, the first multiplayer game built and run on microsoft azure. Empowering gamers around the world to interact in ways they never thought possible. This cloud turns data into excitement. This is the microsoft cloud. Everyone has questions about money. You know, i think about money kind of a lot. Moneys freedom. Moneys always on my mind. Credit cards. Mortgage. Debt. Its complicated. Its not easy. Im not a good budgeter. Unfortunately, im a spender. I would love to learn more about finances. So theres questions about the world that all of us have, especially about money and finance. The goal of khan academy and Better Money Habits and the partnership were doing with bank of america is to give people the tools they need to empower themselves. Theres much to do with politics this morning on several different bigstory fronts, lets take to you the man who controls the circus. Inside politics, mr. John king. Controls the circus. Im not sure i want that job, but i guess i got it. Youve got it. Wheres your hat . A lot to discuss inside politics, well frame our conversation around two big meetings at the white house yesterday. With me to share their reporting and insights, Jonathan Martin of the New York Times and Lisa Santa Clara of bloomberg news. Lets start with the president s meeting with Mitch Mcconnell. Deliberately, a lot for these guys to talk about and a lot of business they could do. Deliberately, both sides not telling us what happened yesterday. Mitch mcconnell telling our ted barrett when he came back to capitol hill from the meeting, we had a good conversation about a variety of issues, this was not the bourbon summit but im still hoping we will have it. Lisa, they have to talk about, republicans want to change obamacare and republicans are upset about the president S Immigration policy, taxes, spending, anything else. Any idea what happened in the room . Theyre being really mum what happened in the room. But its hard to see how much ground can be made here. I mean there are incentives on both sides, obama want to burnish his legacy. Mcconnell has to show that republicans can actually govern. But policiwise, theres just not a lot of space to maneuver. Maybe something happens on trade. Maybe taxes, that feels a lot less likely. Immigration certainly seems like a no go. Im not sure given the background and all the builtup sort of personal stuff and political stuff over the past six, seven years, it just doesnt see how this, its not clear how this becomes a very productive meeting. Senator mcconnell said that president obama has buttkicked in the election. That was the leadin for the meeting. Which may have made things a little bit awkward. Both of the politicians are sort of professionals and they have a sort of winkandnod quality about them, they get the game. Probably did try to find some areas where they could get stuff done. Its in both of their interests to get stuff done. If they can just even create a better line of communication down the road. When things are ready to be done. If they at least develop a relationship. That speaks to the challenge. They have to get there. Their thirdever oneonone meeting. Usually mcconnell has dealt with joe biden. Obama and mcconnell dont have much of a relationship. And they have to get their individual caucuses in line. We saw a test case with the tax extenders this week. They could only extend them retroactively three weeks until january . Maybe three weeks . It wasnt a good sign. That was because of democrats in the senate in part. Because of democrats, now on the republican side you have the anger bubbling over, boiling over about the president S Immigration actions. And thats got bod mcconnell and boehner on short leash. Into the discussion today, comes the Washington Post, not known as a conservative editorial page by any means. The Washington Post, the white house has been saying hey, the president did this but so did ronald reagan, so did george hw bush. The Washington Post says this is not a game of gotcha. Facts matter, even in washington. And so dot numbers, under close scrutiny its plain that the white house numbers are indefensible. Care comparing it to george h. W. Bush. The Washington Post is saying republicans should be ashamed for not debating immigration in the house of representatives. But how much does this help the republican case and how much is the Washington Post going to convince the at the time cruzs and the tea party guys in the house to say stand up more to this president. I dont think they need any encouragement from the Washington Post to do that. Certainly youll see republicans up on capitol hill to say even the Washington Post kind of thing. Youll hear lots of that in the next few weeks. Challenge for the republicans will be how do they push back against the immigration issue without making themselves the issue. Thats what john bainor and mcconnell are worried about. Mr. President , you dont have the authority and were going on record saying you dont have the authority. Knowing full well the house will pass it and it will die because the senate is controlled by democrats until january. Then Speaker Boehner says we wont shut down the government, well get mad about this, but were not going to listen to ted cruz. Nancy pelosis office calls him speaker cruz, he went across the capitol to meet with mostly Tea Party Conservatives yesterday. Listen to him after that meeting. Doing what you promised doesnt mean as it so often does in washington, sending a really stern letter. And having a meaningless show vote. Why do you think people are so frustrated with washington . Because they recognize there are a whole lot of politicians that say one thing at home and do Something Different here. Every single one of us keep your promise. Standing there with some of John Boehners conservative members, essentially saying mr. Speaker, youre wrong. Saying how much of this, how big of a problem is this . Is this just a small vocal opposition, or is this a big problem . Were watching fast and furious 17 weve seen this movie many times before. It has new residents now. Everyone wants to see ha happens in january when the republicans are in control. What were watching is a fight for control of the republican party. This is Republican Leadership trying to marshall control of their party and not just a dozen conservatives in the house or several dozen conservatives in the house. Its the outside groups, its club for growth. Its heritage that drove the shutdown in 2013 and its, everyone is sort of watching to see whether boehner will able to pull this off and what it means for january. Keep the genie in the bottle. Theyre going to try to pass all of the spending bills to fund the government through next year with the exception of the funding for the Homeland Security department. Which is responsible for the order on the immigration issue. Will president obama sign a bill which doesnt include funding for dhs and in the spring, when they talk about that issue. The same topic comes you, the hardliners like cruz out there who are pushing back and folks like baoehner who dont want to make this too much of an issue. Hillary clinton was not on the president s schedule. They meet from time to time. I want to show you a Boston Herald front page. Hillary clinton was at georgetown yesterday. A lot of empty seats up in the balcony. Republicans trying to make a big deal out of this, saying Hillary Clinton lost her charm, she cant get students to come to her speech. The meeting with the president is something they do do occasionally. It probably makes the Vice President a bit upset. Just swapping notes . This is an extremely delicate and a bit strange moment for Hillary Clinton. Shes most likely running for president. But shes not doing it yet and probably not for a couple of weeks. But shes being treated like a president ial candidate. She has to find a way to deal with the president ial level coverage while doing very little. Last week that meant there was a whole spate of stories about what she wasnt talking about, keystone, nsa reform. This week it meant there was a spate of stories about people not attending her event. Its a strange dynamic that she has to navigate. It will change in the new word when we get the final word. Thats what were going to call it until we get the word from Hillary Clinton, the interagunum period. Thats multisyllabic. Tensions are high between Police Departments and minorities. One man who has experienced the vitriol firsthand is a st. Louis Police Officer who happens to share a name with the Office Another killed Michael Brown. Sergeant Darren Wilson joins us next to share his unique perspective. Will thank you. , sir . Ordering chinese food is a very predictable experience. I order b14. I get b14. No surprises. Buying business internet, on the other hand, can be a roller coaster White Knuckle thrill ride. Youre promised one speed. But do you consistently get it . You do with comcast business. And often even more. Its reliable. Just like kung pao fish. Thank you, ping. Reliably fast internet starts at 89. 95 a month. Comcast business. Built for business. We have a unique perspective for you when it comes to the cases weve been covering about potential Excessive Force, especially in ferguson. His name is Sergeant Darren r. Wilson of the st. Louis police, the r matters, he was initially misidentified as the Police Officer who shot and killed Michael Brown. Hes the president of the Ethical Society of police, we have a sergeant with us, the r saved you and the fact that the officer was identified as white. But let me ask you this, sergeant, what was like to have your name out there, even briefly . It was interesting. The first few days surrounding it. My phone went off the hook. Also the social media sites, we have an organization esop. Com and a facebook page. It got pretty busy with a lot of different comments. And inquiries, friend requests, different ones chiming in on the situation. Did it teach you anything you werent aware of before . As far as the name issue . Not necessarily, no. But in terms of how people are and how they see the Police Actions . Absolutely. And thats what i was dovetailing into next. You learn that a lot of people Pay Attention to police. Police in general. And a lot of the issues. So to see that, that let us know, me know in our organization that there is a purpose for organizations like mine, and the Ethical Society of police, the National Black Police Association as well to stay on top of these issues and continue to be that bridge, that gap between not only minority communities, although thats what we for the most part place emphasis on. But just communities overall. Let them know there are varying perspectives on how we approach Law Enforcement. Ethical is an important and interesting word when it comes to policing. Not just about getting away with what you do. Its about whether or not its right and the best way to do it do you believe that ferg son and now here on Staten Island. With eric garner, do you think we saw ethical behavior by Police Officers in one or both of those cases . No, absolutely not. You, when youre talking about use of force, hey, thats a very sensitive issue. All in all. And Law Enforcement you have continuum. You have a force continuum. Thats one of things we practice here. It appears in both cases that cycle was broken. It went from you know, you hear the term zero to 60. It appears in both cases thats what happened. Now was that the officers initial intent . Thats something that i dont think any of us can say. However, we didnt see the continuum maintained from zero to one to two in chronological or sequential order. It it seems like several of the inbetweens were skip over and we reached a climax immediately. Do you think that cops were given a break by prosecutors when they investigate the cases. Weve experienced some similar situations here. Locally from my organizations perspective as well. Its sad to say that you see disparities in those courtesies discretions, ill say discretions, on the way prosecutors approach Law Enforcement officers. In your favor . It depends on the personalities, weve seen in our organization, weve seen where it appears, we have a case here that were watching as well, alongside the ferguson incident where it seems like the black officers arent getting the same leverages or courtesies that white officers get. The same approaches from the prosecutors. It seems like the penalties and the pchment the approaches are even stiffer when it comes to minority officers. Are people right to feel that blacks are often the subject of fear of Police Officers . And are often treated with a different level of dignity than the white constituents of a Community Maybe . Absolutely. You definitely see differences in policing. You see disparities in the way Law Enforcement aproefing the communities, especially the minorities communities. I know it is not easy for you, its a balancing. You know, youre an africanamerican. But youre also a Police Officer. And youre going to have loyalties here that are going to get complicated. But we appreciate your candor on this, its a conversation we need to have in a very open and honest way. Thank you for having us. Heres a story viewers need to see, the syrian city of kobani is under siege from isis, a cnn crew takes you inside one of the most dangerous places on earth. For a view from the front lines that you will only see here. Denver international is one of the busiest airports in the country. We operate just like a city, and that takes a lot of energy. We use natural gas throughout the airport for heating the entire terminal, generating electricity onsite, and fueling hundreds of vehicles. Were very focused on reducing our environmental impact. And natural gas is a big part of that commitment. Just take a closer look. It works how you want to work. With a Fidelity Investment professional. Or managing your investments on your own. Helping you find new ways to plan for retirement. And save on taxes where you can. So you can invest in the life that you want today. Tap into the full power of your fidelity greenline. Call or come in today for a free oneonone review. Im just looking over the company bills. Up . Is that what we pay for internet . Yup. Dsl is about 90 bucks a month. Thats funny, for that price with comcast business, i think you get like 50 megabits. Wow thats fast. Personally, i prefer a slow internet. There is something about the sweet meditative glow of a loading website. Dont listen to the naysayer. Switch to comcast Business Today and get 50 megabits per second for 89. 95. Comcast business. Built for business. Now to syria and a gripping cnn as we take you inside the deadly fight for the city of koba kobani. Nick paton walsh and a female crew follow while they Exchange Fire with isis. Reporter its remarkable after weeks of seeing the conflict from the hills opposite in turkey is to see the scale of the devastation inside. People still trying to live there and some kurtish female fighters and their colleagues trying to hold the front line where isis are literally within feet. From inside kobani the days ferocity gets nos rebite at night. A prize so small, but so valued, the violence seems to swallow it hole, grinding its streets down to the bone. Were heading to the front line where nightly, daily, isis hoped to advance, with media, a Kurdish Female fighter, also in air egalitarian world, this units commander. Coalition air power did this, poushing isis back. They abandoned their dead as they retreat, the decaying smell haunts these front lines. Some call it kobani grad after the citys sacrifice to make a point. Little left here, but a bullwork of kurdish defiants 20 meters from isis. They think they see something in the rubble. [ gunfire ] even after coalition support, desperately in need of better arms. This is the kind of exchanges that happen here hourly. Isis literally meters to that side, shooting at this position that weve seen return fire as well. This surely wasnt the death isis recruits were sold in their propaganda videos. Mortars are often used, so we pull back. Come on over against the wall. Media is 22 and has been within five meters of isis. Here, friends are made and lost. Her best friend reban, died saving others. Translator there were very heavy clashes with isis. We were outnumbered and out of ammunition. She herself was injured, but she advanced to help save the other injured with her. Isis surrounded her, because girls are very prized by them. She then blew herself up and killed a lot of them with her. I was near her then, her last words to me were, we will liberate our land with the last drop of blood in my body. Reporter the man brings tea. This is the polar opposite of isis world view. They cant afford to stop the fight, even if that means theres little left to live on when they do. You know, the estimate weve been getting before going in was isis held about a third and were on the retreat, it was clear inside from the position of that front line you saw, they probably have about half that city and that fight is in the balance every day and night, the gunfire we saw, the kurds troubles, running out of ammunition, winter is come in, they need food and fuel, they feel isolated. The coalition have technology in the skies above them to assist them but on the ground it is often young girls in their 20something Years Holding that fight back with isis. Alisyn . Nic, we cant imagine a better view of whats going on in kobani than what youve just given us. Thanks for sharing that reporting. The were going to be talking this morning about the nightmare for the family of eric garner as well. You know that the officer who choked him to death has not been indicted but what does that mean to them . What do they want to have happen Going Forward and how do they deal with the allegations that this is what happens when you resist the police. We have eric garners family attorney coming up. Ive had surgery, and yes, i have occasional constipation. Thats why i take doctor recommended colace capsules. [ male announcer ] for certain medical conditions where straining should be avoided, colace softens the stool for effective relief from occasional constipation. Go to colacecapsules. Com for savings. For effective relief from occasional constipation. 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Same doctor. Im happy. Its medicare open enrollment. Have you compared plans yet . Its easy at medicare. Gov. Or you can call 1800medicare. Medicare open enrollment. Youll never know unless you go. I did it. You can too. I cant breathe i cant breathe protesting erupting in new york and across the country. The grand jury decides not to indict a white Police Officer. Sxwlt police shut off the henry hudson. This was an arrest for an extremely minor crime. I cant breathe. I cant breathe. We see a man dying on video and theres no indictment. How frustrated to people feel . I cant breathe. Can you imagine if we didnt have that video what their story would be . This is an issue weve been dealing with too long. All lives must be valued, all lives. Yes, we want to you rally but rally in peace. Im determined to get justice for my husband. Good morning, welcome to new day. Its thursday, december 4th, just about 8 00 in the east. Chris cuomo and Alisyn Camerota here. The violence was largely absent but the anger has returned in full force after a white new york city cop was cleared in the chokehold death of an unarmed black man, the grand jury not to indict the officer caught on tape choking eric garner to death, and look, show the division. Here are the paper this is morning. One city, two tabloids, two different takes on this. One says it was not a crime. The other says we cant breathe which has become the rallying cry for the protesters just like hands up dont shoot was for ferguson. Now they say we cant breathe representing eric garners voice. Its reflected on social media, people tweeting us on facebook, say when the Police Approach you, you must comply. Thats half of the comments. This is new york city, one of the things that made it different were the protesters were hearing from people on the street offering that perspective. With 83 arrests and demonstrations last night around the country, an outraged attorney general eric holder promises a thorough and independent probe into eric garners death. Garners family is slamming the decision vowing that the fight in the case has just begun. Before we get to our coverage were monitoring nasas test polite of the orion spacecraft. The launch has been delayed several times because of high winds. Well bring it to you live when that does happen. Back to our top story. Well talk with garners family to earn in a moment. Our coverage xwinz with j agage carroll live in times square. Reporter they marched, chanted, some of the protesters saying the same thing eric garners wife said, that they would fight until the end for justice. I cant breathe i cant breathe reporter protesters pouring into the streets of new york last night after a grand jury did not indict Daniel Pantaleo in the death of eric garner. I cant wreath. Zblts aa painful day for new yorkers. Reporter arrests made throughout the night as outrage pulsed throughout the city streets for more than nine hours. Black lives matter reporter most chanting garners last words i cant breathe, i cant breathe reporter before dying on this Staten Island street. I cant breathe. I cant breathe. I cant breathe. Reporter some police in riot gear blocking intersections as protesters began shutting down the citys iconic landmarks stopping the flow of traffic into and out of the island of manhattan for hours, some lying down in the middle of the road and the same inside Grand Central station. I cant breathe. I cant breathe. Reporter other protesters staged a massive diein as evening rush hour hit its peak. Police heavily guarding the rockefeller Tree Lighting ceremony. Three, two, one [ cheers and applause ] reporter as protesters tried to disrupt the show. The citys public outcry reaching a fever pitch neighborhood wide. From los angeles i am eric garner. I am eric garner. Reporter to philadelphia. Hands up. Dont shoot. Reporter protesters took to city hall during their Tree Lighting ceremony holding up signs reading black lives matter. The demonstrations across the country disrupted but peaceful, fulfilling garners family wish. Yes, we want to you rally but rally in peace. No violence. Reporter officer pantaleo said in a statement it is never my intention to harm anyone and i feel very bad about the death of mr. Garner but garners wife says its too late. Hell no. The time for remorse would have been when my husband was yelling to breathe. That would have been the time for him to show some type of remorse or some type of care for another human beings life. Reporter new york citys mayor also rereesing a statement this morning saying this is not the end of the eric garner story, only the end of a chapter. Alisyn . Jason carroll, thank you. President obama says the grand youry decision shows the disconnect between the public and Law Enforcement. Jim acosta at the white house. Reporter in a Rapid Response to the eric garner case president obama once again promised changes to the criminal Justice System after ferguson and new york city the white house knows all too well patience is wearing thin. Sensing the crisis that is growing, president obama waited just a few hours to weigh in, after the decision was announced not to indict a new York City Police officer in the chokehold death of eric garner. When anybody in this country is not being treated equally under the law, thats a problem. Reporter with emotions already raw across the country after the unrest in ferguson, the president tried to strike a balance, recognizing the important work of Law Enforcement while insisting the Justice System must change. Im not interested in talk. Im interested in action, and i am absolutely committed as president of the United States to making sure that we have a country in which everybody believes in the core principle that we are equal under the law. Reporter attorney general eric holder who will be visiting five more cities to meet with civil rights leaders on the issue said the Justice Department is investigating the garner case. All lives must be valued. All lives. Reporter adding more pressure on the administration, the u. S. Attorney overseeing the chokehold investigation also happens to be the woman tapped to replace holder, loretta lynch. Our prosecutors will conduct an independent, thorough, fair and expeditious investigation. Reporter on capitol hill, members of the Congressional Black Caucus are insisting the president cannot tackle the problem alone. I do hope that the department of justice gives americans an opportunity to take this cancer and cut it out once and for all. Reporter on the streets of the nations capital, there was a different gridlock as protesters snarled traffic to send a message. Im sorry people here are inconvenienced, but its inconvenient to get shot in the street. Its inconvenient to get choked on videotape. Its inconvenient to have no justice. Reporter and president obama says he wants to start rebuilding trust in Law Enforcement in minority communities quickly, thats why hes calling on his new 21st Century Policing task force which was Just Launched on monday to issue its recommendations within 90 days. Chris . Jim, thank you very much. Eric garners widow just told nbcs today show how she felt the officer who choked her husband to death was not indicted. Here it is. I started crying, because its not fair. Its not fair. What do they not see . How could they possibly not indict . You know . I felt hopeless. I felt like there was not another corner to turn, like there was nothing left for me to fight for. Lets bring in Jonathan Moore attorney for the Garner Family. Thank you for joining us this morning. We get a little glimpse of the widow, a couple different times here in the last couple of days, but how is the family doing . Because the only reality thats undebatable is the husband and father is gone. Theyre struggling. Its been a difficult four months since he was killed and living with the uncertainty and then i think we expected that there would be some legal action Going Forward by the grand jury that would be positive. It was a surprise . It was a surprise, i think. I suppose we shouldnt be shocked about these things after the history of this, but it was still a surprise. I mean, i think the video is pretty strong in terms of showing really Violent Police conduct, as i think the New York Times in the editorial section referred to it today as vicious policing. Do you believe, and does the family believe, that officer pantaleo was trying to kill eric garner . Oh, i dont know. I dont think thats the issue and that isnt the issue whether he had evil in his heart. He clearly was violating his own departmental regulations. He clearly was using Excessive Force. You have to understand, this whole thing was about a suspected essentially administrative code violation of selling untacked cigarettes, not even seeing it, just suspecting it, and thats normally just a summonsable offense, you give somebody a ticket and they show up in court. I dont understand why they wanted to be so aggressive. Its that aggressive policing which is, he clearly was involved in that was what led to the actions here. Is a possible explanation for that, though, whatever the underlying offense was, no matter how minor, trivial and unusually policed, once they say were going to arrest you, and mr. Garner says, no, essentially, im not going to let awe rest me you have a different dynamic with police no matter what the underlying offense is . Is that true . Its true and not true. I dont think there was ever a clear direction in the video that were going to arrest or youre under arrest. If you watch it closely you see mr. Garner being frustrated because that had been a pattern of him being arrested what, 31 times . Some large amount of time for a guy just trying to make a living, and you can criticize the way he was making a living, thats fine, but he was a family man, married for 27 years, raised kids, had grandkids, this was how he made a living. The pushback is that dont fail to comply with Police Instructions and you dont get Excessive Force used on you. Is that a fair analysis . No, thats not a fair analysis. The pushback is, if you raise an objection to what you believe to be unnecessary Unlawful Police conduct, you get a very aggressive response. Right. Hes saying this is not right. In fact his hands are up and hes saying really you got to not do this, and thats when pantaleo grabs him from behind. Grabs him from behind and takes him down with a chokehold. The officer testified said he wanted to protect him, didnt want him to bang into the window and hurt himself or other officers. Do you buy that . I dont see in that video an officer being concerned about the safety of eric garner. What i see is a very aggressive takedown of somebody unnecessarily, and the maximum use of force. You see it in the way he was pressing his head against the ground. That was just unnecessary, and the failure to respond to the fact that hes saying, i cant breathe, i cant breathe. Hes obviously a large man. Hes obviously in no situation where hes trying to physically resist whats going on, hes not being aggressive, not swinging out. Theres no reason for that level of force. What happens if the officer doesnt lose his job . The side bar is the nypd has its own prohibitions. It is not illegal to choke and the grand jury didnt find it illegal here but it is against police procedure. They dont allow chokes. Do you think he was choking, do you think thats grounds for his dismiss dismissal . I think its clearly a chokehold and there will be administrative proceedings brought against the officer. Ongoing now. That will begin today and there will probably if they cant reach a resolution be administrative trial where theyll try determine whether he violated the regulations, then its up to commissioner bradley. What does the family want . I think the family wants justice. I dont think they want to see officer pantaleo continue as a Police Officer in new york city, given his history here. And the issue of why the grand jury decided what it did, the lack of transparency in the process, a prosecutor investigating their own Police Officers. Does the family want that to change . Well, weve called this case in the past and this case as well that there really should be an independent special prosecutor who handles these kinds of issues. What was the reaction you got . Why was that denied . I dont know that its actually at this, given the current state of new york law that its permitted but its certainly been something people pushed for over and over in these cases and theres a good reason why, is that the prosecutor is so close and so connected and so intertwined with the police to make their cases that when they have to investigate their own, it becomes difficult. As in the ferguson situation, the idea that the prosecutor is going to use the grand jury as an impartial presenter of evidence, thats not how that tool is usually used. The prosecutor has a heavy hand in shaping it, which is why Defense Attorneys like yourself dont want your clients in front of a grand jury. Seems to be different with cops. Do you think that is the truth . Well i think the truth is out there. Its clearly true. In ferguson, and apparently here as well, they used really the grand jury process to get to the ultimate question of guilt rather than whether there was reasonable cause or probable cause to believe any crime was committed from the level of simple assault to Reckless Endangerment so up to the level of murder, and if the players were reversed i think youd have an indictment within two days. If eric garner was defending from eric garner would have done to him . It would have been a serious crime with you thatbut it could through information. They didnt have to go through the grand jury process, but they did. I can understand that but if you look at one of the trouble things that i learned yesterday was that all the officers other than pantaleo were given immunity for their testimony. That concerned me, because this was not just the case looking at the conduct of one Police Officer. If you watch the video, you have several officers engaged with mr. Garner on top of him, giving him the difficulty breathing, and homicide isnt just the choke, its about chest compression. The office of the medical examiner said the cause of death was a combination of neck compression and chest compression. Thats another aspect we have to look at in temples of whether or not this was the fair result. Jonathan moore thank you for bringing us the interview and extend our sympathies to the family. We look forward to continuing the conversation. We want to give you an update breaking news in the last hour, a woman has now been arrested in the brutal stabbing of that American Teacher in abu dhabi. The suspect is a 30yearold woman from the United Arab Emirates who also allegedly placed a bomb in front of a muslimamerican doctors home, that bomb however was defused in time. The victim of the stabbing has been identified as american ebolya ryan, she was killed in the bathroom of a mall. Officials in the uae had warned American Teachers about threats to their safety. 17 states now filing a federal lawsuit challenging the president s executive action on immigration. The suit claims the president is violating the constitution. In the meantime the house is preparing a vote on a republicanbacked bill to undo the president s action although its likely to go in where in the senate. The bill is aimed at quieting house conservatives unhappy that the gop leaders backed away from a spending showdown over the issue. Three more women have come forward with claims they were sexually abused by bill cosby. The women were joined by Attorney Gloria Allred who said cosby should consider waiving the statute of limitations or set up a 100 million fund for the alleged victims. In the meantime cosbys two shows scheduled this weekend in tarrytown, new york, have been postponed in the wake of the nearly two dozen allegations of sex abuse. They are celebrating in philadelphia, the 76ers now have only the second worst start in nba history. They beat the timberwolves of minnesota last night for their first win in 18 games, a loss would have tied the nets start years ago when they played in nearby new jersey. The bad news for the sixers they remain a scant 13 1 2 games out of first place. Sort of like a moderated celebration. Take success where you find it. Yes. Off the schneid. We have so much more of this deba debate. An officer caught on tape putting a chokehold on a man which led to his death, but he was cleared by the grand jury. Why no indictment for eric garners death . Well have a debate with our experts. Gas prices are plunging and thats good. How low will they go . Well break it down and theres concern about whats driving prices down and could wind up coming back to haunt us. Well tell you. Protesters took to the streets of new york and other cities last night after the grand jury decided not to indict the Police Officer in the choking death of eric garn arer. What evidence did the grand jury hear that the protesters have not heard . Joining us is mo ivory, attorney and radio personality and daniel bongino, former nypd Police Officer and secret Service Agent and his Brother Services in the secret service. Dan, i want to start with you. You were on the nypd. What do you think of the Staten Island grand jury coming back it no indictment . I think the lack of indictment surprised everyone, the families and some of the Police Officers in new york i spoke to as well. I think they expected an indictment to come down in the case, given the Video Evidence and accounts, but we dont know what happened inside the grand jury proceeding. The officers testimony may have been persuasive. We know a little bit of what happened. Youre right it haebt besnt b released. No transparency in testimony like in ferguson. Here is what officer pantaleo told the grand jury, he continued to hold onto mr. Garner as he struggled to regain his balance. He said he wanted to make sure that mr. Garner was not injured by other officers rushing in, as well as to pro tent mr. Garner from possibly biting one of them. Mo . The grand jurors believed that defense. Well, at least 12 of them did, you know, and so there were 23 grand jurors, so i really would be so curious to know what those conversations were about because that explanation to me sounds ludicrous. All of a sudden now youre worried about somebody biting, a man that five people had to jump on top of to bring to the ground, now all of a sudden hes saying his mind switched and his concern was to make sure mr. Garner wasnt hurt and to make sure that he didnt all of a sudden start biting other Police Officers . It doesnt even sound logical. Dan, one of the other things that officer pantaleo apparently told the grand jury according to the jury part of the reason why he kept his arm around mr. Garners neck was he was up against a plate glass storefront window and he was afraid theyd come crashing through the window so he kept him to try to take him down to the ground. Dan u you were an nypd officer. Is that chokehold legit in were you trained to do that in a situation like the one they confronted eric garner . The nypd does not train any type of chokehold. Its important your audience understand there are three different kinds of chokeholds. You have a basic headlock, a restraint, school kids do it all the time. Then you have a tracheal choke which is absolutely banned, its considered deadly force, where the bone of the arm is placed up against a wind pipe which can kill you quickly and third, importantly, you have a carotid choke. When you watch that video, which is this . Thats why i brought it up. Initially it looks like what elswhat hes trying to do, it looks like hes trying to take him down, and it looks like on the ground, if you watch the video, it turns into what looks to be some kind of carotid choke, maybe he did it out of panic, i dont know. I wasnt in his head but it doesnt look initially like it was anything other than a takedown attempt. Go ahead, mo. Alisyn, the problem is that were talking about judgment here, right . If you look at that video, you can easily realize that this officer jumped on mr. Garners back, probably in his mindset, enough is enough, lets take this guy in. Im jumping on his back. Its so obvious at that moment he went into sort of a combat mode and then everybody jumped in. Okay, so lets suppose that in fact he was afraid or he was trying to, i do not think that mr. Garner was resisting arrest but lets act as if the officers thought that. At the moment there were four or five people on top of him and he was saying he couldnt breathe, hes a large man, now down on the ground. Everybody couldnt have eased up a little bit, given him some space to breathe, got up off of him . What was he going to be able to do laying flat on the ground to five or six or seven officers on the scene . And mo its just so obsessive. Mo you say you dont believe he was resisting arrest but the video says he was noncompliant, he said no, guys, come on, no. Alisyn, there is a difference between conversation and frustration versus not resisting arrest. What eric garner was saying to that officer was, come on, guys, im tired of this. You come here, you harass me every day. He had his hands up. There was nothing that he he wasnt fighting the officers, wasnt flailing, and the narrative that he was resisting arrest has continued to be built on, well if he had just gone with the officers he was trying to talk to the officer and say look, man, why are you doing this to me . Im frustrated by you continuing to harass me, and he had his hands up. So im tired of that narrative that well this would have never happened to him if he had just complied with the officer. It would have never happened to him if that officer didnt jump on his back and smoosh his head into the ground to the point where he was asphyxiated. Mo, we hear your frustration. We have to leave it there. Dan, thanks so much for all of your expertise and helping us walk through that video. Its great to talk to both of you. Thank you. Thanks a lot. All right, another top story, gas now under 2 a story, gas now under 2 a gallon, it sounds tell your doctor if you have a history of heart or blood vessel problems, or develop new or worse symptoms. Get medical help right away if you have symptoms of a heart attack or stroke. Decrease alcohol use while taking chantix. Use caution when driving or operating machinery. Common side effects include nausea, trouble sleeping and unusual dreams. I love myself as a nonsmoker. Ask your doctor if chantix is right for you. vo rescued. Ed. Protected. Given new hope. During the subaru share the love event, subaru owners feel it, too. Because when you take home a new subaru, we donate 250 dollars to helping those in need. Well have given 50 Million Dollars over seven years. Love. Its what makes a subaru, a subaru. You cant breathe through your nose, suddenly, youre a mouth breather. A mouth breather well, put on a breathe right strip and shut your mouth. 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Dont settle for 4g lte coverage thats smaller or less reliable when only one network is americas largest and most reliable 4g lte network verizon. With xlte, our 4g lte bandwidth has doubled in over 400 cities. And now, save without settling. Get 2 lines with 10gb of data for just 110. Or 4 lines for just 140. And get a 150 bill credit for each smartphone you switch. Only on verizon. Staten island is very different than the other four. It is the smallest, it is the whitest, it is the most conservative, for example, its the only member of congress who is a republican in new york city coming from Staten Island. Many, many cops live in Staten Island. Its a very different place. I dont think you can understand how this result came about without understanding the geographical context, the fact that its Staten Island. Another head scratcher for people, all of the officers werent somehow called upon by the prosecutor for some action. They were exonerated i guess is the right word. They were given immunity. Thats right. According to the attorney for officer pantaleo, the other officers had immunity, went in and gave testimony which ended up in him being sort of let off by the grand jury. That was that strategy . Heres where we get into the weeds a little bit. Under new york law, if you testify in the grand jury, you have immunity. Nothing you say can be used against you. Thats right not right, im saying that wrong. Its either qualified or unlimited, but anything that the defendant rfkn grand jury can used in the trial which is why you want to keep defendants out of it but if you have an immunity deal going into it, what the officers had, you dont have to worry about being prosecuted for what you say. To get those other officers in the grand jury, you had to give them immunity, but that meant that they had no risk and they could exonerate their friend when they went in there. Bottom line is now in two cases, the grand jury process feels unsatisfying on some level to all the people we see protesting. Mind you, theres lots of people on social media and new york city say he should have complied with the officers. We wouldnt have been in this situation had he just complied. Theres another side to this. The grand jury process feels its not working the way people want it to. What is the answer . Every few years Something Like this will come up. There are longstanding complaints about the grand jury process which is centuries old. This is going on for hundreds of years that the grand jury meets in secret, issues indictments and based on evidence nobody hears about. There are grand juries sitting in virtually every jurisdiction in the country right now and going to go about their business in the same way. Its only when a case like this comes up, people realize people get indicted and face prison sentences, serious consequences based on the decisions of men whose names we dont know. This idea he was resisting arrest. He was noncompliant. You know what . That is how virtually every arrest in every city takes place. People usually dont volunteer to be arrested. Its generally an unpleasant proce process. That was not resisting arrest and more importantly we do not have the Death Penalty in this country for not volunteering to be arrested. Thats why this is excessive. Jeffrey toobin, errol, louis, thank you. How can eric garners death be ruled a homicide and no one held accountable . Sanjay gupta will break down the medical report for us. Ork is americas largest and most reliable 4g lte network verizon. With xlte, our 4g lte bandwidth has doubled in over 400 cities. And now, save without settling. Get 2 lines with 10gb of data for just 110. Or 4 lines for just 140. And get a 150 bill credit for each smartphone you switch. Only on verizon. Hi. Im new ensure active clear protein drink. Clear huh . Im not juice or fancy water. Ive got 8 grams of protein. New ensure active clear protein. 8 grams protein. Zero fat. Ensure. Take life in. Two weeks later. Look, credit karma are you talking to websites again . This website says free credit scores. Oh, credit karma yeah its actually free. Look, you dont have to put in your credit card information. Whew credit karma. Really. Free. Cause of death often comes to light in criminal proceedings. Eric garners death has been ruled a homicide so what exactly killed him and should it have made a difference in whether he was charged, that officer. Chief medical correspondent dr. Sanjay gupta i appreciate you walking through this with me. First of all we know there was a combination of factors that are said to have killed eric garner. Break down for us what exactly the medical examiner said. The language was pretty precise here, michaela, first of all. As you mentioned, cause of death homicide. I want to talk about that in a second. What they specifically said was the chokehold as well as compression on the chest and the fact that he was in prone position, meaning he was on his chest, belly on the ground, those three things in combination caused his death. Now, all those three things if you start looking at them in the aggregate, they all sort of make it more difficult to breathe because the pressure on the chest, on the throat and obviously being on the ground that way, thats the case hes clearly making. When it comes to homicide, they have to make a decision, medical examiners as to what categories is the cause of death. Look at the list of categories we have to choose from, was it a natural death, accidental death, suicide, was it undetermined or was it homicide, as it was in this case. Look, they didnt say undetermined, natural or accidental. They said it was homicide. Thats very important and again we didnt see the whole autopsy report but thats how the medical examiner broke it down. We also know they brought attention to several factors that were contributing, the fact that he was a big man, he was heavy, suffered from asthma, there were some signs of cardiovascular disease, they talked about all of that but that makes me wonder if it were not for this altercation with police, was he sick enough that he would have dropped dead . Right, thats exactly the right question, michaela. When you look at these types of reports on any kind of death, they always have other what could be contributing factors. Thats usually some indication of the persons medical history. I think your question is right. The way people look at this is would he still be alive did he not have obesity, did he not have asthma. The next question, would he be alive had he not been in a chokehold and pushed on the ground the way that he was, and the answer is yes. He would be alive. So he wasnt eminently going to die from any of those other things and coincidentally he died at the same time. Those really are not that relevant. Another thing i want some clarification on and a lot of people are making a lot about this is you hear him say repeatedly on this tape i cant breathe, i cant breathe. We know he suffered from asthma as one of the other underlying conditions he had, he kept saying i cant breathe, i cant breathe and some are saying well, you can talk, so you could breathe. Is there a discrepancy there or is that a point . Look, part of this is just pragmatic answer, part of this is a mechanical answer. Pragmatically he was in distress. I cant breathe, maybe he was having increasing difficulty breathing. People having difficulty say i cant breathe. Some of that is semantics but from a mechanical standpoint think of it like this, when you speak youre pushing air across your vocal chords, it makes a noise and you make it worse. Air is coming from the chest out and thats how you see it. Whats challenging in a situation like this, is being able to take breaths back in. So yes, you could push air out, speak, but getting the air bag back in would be challenging. Thats a mechanical thing. I cant breathe, basically its a sign that hes in distress and thats probably what was happening. In distress, youre making an organic, visceral sort of fight or flight response. Youre not pragmatically thinking what would be the best answer . What would be the best course of action here. Youre responding as your body would. Right, you dont say im having 80 difficulty breathing or 70 . Youre saying i cant breathe. Thats how people often respond so again i think some of that just semantics but theres no question someone who is saying that kind of thing, theyre sort of trying to indicate, signal that im in some sort of distress here. He certainly was and we know that he later died and its interesting that this we know that the grand jury had to consider all of these things. We wanted to walk through this with you from a medical standpoint. Dr. Sanjay gupta, always a pleasure. Thank you so much for that. You got it, thank you. At the opposite spectrum we have the cnn heroes an allstar tribute set to air this sunday hosted by our own anderson cooper. He made sure to address a longstanding gripe from his new years eve partner comedian kathy griffith. Take a listen. Youve been trying to get involved with heroes for a long time. First of all you have a lot of nerve even bringing up here to me. Why . Talk about a wounded warrior, okay . I have been wanting to present at heroes forever because i think its a truly amazing award show and i believe i confronted you new years eve about it. All right. Lets talk about heroes, its an amazing show. Amazing night. Exactly. Not only was i not even invited you were not invited . They told me they didnt trust me. Do people not know you were volunteering and going to no, apparently over at cnn youre worried about potty mouths they actually said you cant come to the show or present, however, what if we showed you mopping up at at a soup kitchen. To make up for past wrongs i would very much like you to present at the cnn heroes. Is that something youd be willing to do . You trust me . I absolutely trust you. Im excited to go. Thank you, im glad youll do that. Sunday night, december 7th at 8 00 eastern. What does an apron have to do with Car Insurance . An apron is hard work. An apron is pride in what you do. An apron is not quitting until youve made something a little better. What does an apron have to do with Car Insurance . For us, everything. vo rescued. Ed. Protected. Given new hope. During the subaru share the love event, subaru owners feel it, too. Because when you take home a new subaru, we donate 250 dollars to helping those in need. Well have given 50 Million Dollars over seven years. Love. Its what makes a subaru, a subaru. You cant breathe through your nose, suddenly, youre a mouth breather. A mouth breather well, put on a breathe right strip and shut your mouth. Cold medicines open your nose over time, but add a breathe right strip and pow, it opens your nose up to 38 more. So you can breathe and do the one thing you want to do, sleep. Add breathe right to your Cold Medicine shut your mouth and sleep right. Breathe right. And look for the calming scent of new breathe right lavender, in the sleep aisle. Welcome back. Live picture from Cape Canaveral where the launch of the orion spacecraft continues to be first it was a boat nearby were told that delayed it, then winds, now a fuel and drain valve is causing some trouble, but assuming it does launch at some point, orion could eventually pave the way for putting man back on the moon and even in the future on mars. The plan they say is 2021 when this craft will be ready to take men and bum. Thank you. I appreciate that. Well tell you how to get there. Well get the directions. I know where im going. Its all right. How about a little good stuff, what do you think . This is mans quest to hand out fettucine to the masses, gone viral. Matt in utah took advantage of a promotion at the olive garden, you heard of it, 100 bucks, allyoucaneat pasta for seven weeks. He ordered it to take out instead and gave it to neighbors, friends, family, anyone who needed it. I thought what have i done to deserve it this . He explained he was giving out random acts of pasta to neighbors, friends and even homeless people. Random acts of pasta. Thats right. He started giving it to the homeless, who better, right . Thats when the value of what he was doing became clear. I didnt realize, you know, oh give them pasta. How does that make their day better . How often are these people just ignored. Absolutely. And theyre hungry. Now a lot of you internet cynics out there think this matt and his video are some promotion for the olive garden. He tweets back, this breaks my part. Its not a pr stunt. I generally wanted to do something nice for people and the olive garden says that, to set things straight our only role was selling matt a pasta pass and fulfilling his order. Hes somehow taking advantage of the promotion. Why not, let him do that. Im okay with that. A couple bucks a day, small things. Its very cheap. You make a great point and olive garden seems to like this. The good stuff rolls on. A lot of news, lets get you to the newsroom with carol costello. She likes fettucine. You betcha. Im going to have it tonight. Have a great day. Newsroom starts now. Captions by vitac www. Vitac. Com chokehold. R t r i cant. I cant breathe. New york explodes after ajury shock per. This fight aint over. Its just begun. A white nypd officer not indicted in the death of 43yearold eric garner. I cant breathe. I cant wreath. His wife stunned. Hell no. A city shak