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house on the offensive. >> the defense department put out a statement indicating secretary hagel decided not to attend today's events because he did not want to distract from an event that is -- that was held to honor mr. carter, his service to the country and the new opportunity that's before him. >> that was a decision secretary hagel made. >> jim is live at the pentagon. what is the reaction there to what mr. carter brings to the table? >> krystal, officials here are looking forward to having ashton carter come back here to the pentagon. the president said today that he expects ashton carter will hit the ground running. by the time that he's confirmed by the senate, and that's pretty much an understatement. after all, he left the defense department as deputy secretary of defense only a year ago. there's not much catching up. he has -- he knows pretty much everything about how this place runs, about the budget process, about the military he runs because that was his job. he was pretty much general manager of the pentagon and the military. so, there won't be a steep learning curve. as president obama said, he'll hit the ground running. i take a little exception with the idea there was a contentious relationship between hagel and president obama. it wasn't that, necessarily. it was that the white house simply lost confidence in hagel to not only grap but articulate the kind of policies that the obama administration, particularly in the use of military there in iraq and the expanded role, so to speak, in afghanistan that the administration has decided to take in keeping more troops there to help guard afghan people than had been anticipated originally. but -- and in terms of ash carter, he's a very honest broker. he will be very frank. he promised to give his best candid advice to the president on both military and foreign policy issues. the question, of course, is will the white house take it. after all, it is the president who calls the shots and it is people like ashton carter, if he should become secretary of defense, to give the president their best, honest advice. >> indeed. mick at the pentagon, appreciate it. let's turn to doug olivant who knows a thing or two about national security. not only did he serve two tours in iraq, he also served in both the bush and obama administrations on counterinsurgency and now is a senior fellow at the new america foundation. thanks for being with us. >> good afternoon. >> what do you make of the fact that the president is elevating here a pentagon insider, someone who can really hit the ground running? >> well, i think it shows that at the very least -- perhaps this wasn't the intent, but he's getting someone who can run the building very, very effectively. his previous bosses, referred to his tenure both in the very unglamorous world of acquisition, technology and logistics and as deputy of defense secretary. as git who was down in the engine room, who really had his hands on the lever. he really understands how the building works two or three levels down and will be -- you can't -- you won't be able to bluff him on a policy issue o why something can't happen. he knows those processes. he's been in those jobs. >> doug, this will be the fourth secretary of defense under the obama administration in six years. in the past, he has seemed to surround himself with what i would describe as a team of rivals. what i mean by that, and that would include hillary clinton and most recently chuck hagel, of folks that don't always see eye to eye with the president on the strategy moving forward in the middle east and even asia. what seems different from carter is he's been on team obama since the very beginning. they seem to be on the same page moving forward on the middle east and asia. what dynamic will that have on the relationship between the pentagon and white house? >> i think it's going to be very complex. certainly hillary clinton was this team of rivals, but i think secretary hagel less so. we heard whisperings from the white house that he didn't express his views coherently enough. as my kids would say, that was a feature, not a bug. that's why hagel was brought there in the first place, not to make waves and do what the white house wanted. now, in ash carter you are getting someone who is more ideological aligned with the president, but he's no shrinking violet. we saw the look that he gave the president when he promised to give candid advice there at that press conference. that look was not just for the president, it was also for the white house staff. it was also for the senate confirmation committees. he's going to be his own man. if he has a fat, it's that he thinks probably correctly he's the smartest guy in the room. and that may bounce off a president who has the same characteristic. >> we don't need a body language expert to know it was weird not to have hagel there weird at all, which makes this transition interestingly. we're at war with isis. the administration says we're at war with isis. they have the power. they definitely haven't explained it fully yet. what does a new defense secretary do as we continue to figure out as a nation what it means to have an open-ended war against isis and whether new battle plans are in the works? >> i think the amuf dispute is certainly going to come up and whether or not you really can chase down isis with a 2001, 2002 -- >> both, yeah. >> exactly. authorize you to chase down the people responsible for the twin towers attack is an open question. but that's a white house/congress fight. his job is simply to implement the policies the president puts forward to him. if he has, perhaps, one -- another weakness here, and, again, this is a great choice. but if he has a weakness, he's not really known as a middle east expert and brings no particular chops on iraq, syria, the middle east, inner muslim disputes. that's not what he does. he does a ton of things. he'll have a lot to say, for example, the nuclear negotiations with iran. he came up as a nuclear specialist, nonproliferation specialist. i suspect he has some strong opinions and will be a voice on that debate. less on the middle east. >> you mentioned iran and our nuclear negotiations with them. well, they have been helpful, to use a word n our fight against isis because we recognize iran is militarily the big dog in the region. if we're not going to commit ourselves fully militarily, then we'll have to use iran or work with iran. but it's kind of strange. i mean, it takes politics make strange bedfellows to the nth degree. it's sort of awkward to be publicly admitting how important iran is and how much we need them. >> i think we're going way out of our way to say how important iran is not. on the iraq side of the border, this is iraq's war. they see themselves as receiving assistance from both of these powers, one of whom is the super power and has interest everywhere and one of whom is a neighbor and has to live with the results. while we have certainly disputes with iran, they have to live with the results of what happens with isis in iraq. their interests are intimately engaged. in fact, we saw the iraq prime minister say a few days ago, we accept help from both these sides and the u.s./iran dispute, we're not party to that. >> indeed. finally, on mr. carter, we got new numbers from the military on progress and lack thereof in terms of sexual assault in the military. do you think ashton carter would be well positioned to move the ball forward in that position? >> i think he will. this man has been intimately involved in programs who can reach down inside, really understands the building intimately. this is going to be his strength, dealing with all these types of issues, dealing with the budget in terms of austerity, dealing with overrunning weapons programs and cost overruns. these are things he knows intimately and will be well positioned -- if he can't fix them, i can't think of someone who can. >> thank you so much. appreciate it. >> thanks very much, guys. up next, protesters back in the streets today, so where do the frustration, emotion and very real issues raised in the garner case go from here? plus, toure will remind us of the history that brought us to this moment. and ari sets the legal rules of the road as america looks to move forward as "the cycle" rolls on, it is friday, december 5th. my business only works if everything works together. there are a million moving parts to keep track of. and almost as many expenses. receiptmatch with quickbooks lets you sync your business expenses. just snap your business card receipts with your smartphone, tag, and transfer to intuit quickbooks. only with business cards from american express open. i'm john kaplan, and i'm a member of a synchronized world. this is what membership is. this is what membership does. this is what membership is. ring ring!... progresso! it's ok that your soup tastes like my homemade. it's our slow simmered vegetables and tender white meat chicken. apology accepted. i'm watching you soup people. make it progresso or make it yourself this is the equivalent of the and this is one soda a day over an average adult lifetime. but there's a better choice. drink more brita water. clean, refreshing, brita. ♪ ♪ come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life. the verdict was hard to understand, but, you know, i haven't seen all the details. but it's sad that race continues to play such an emotional devisve part of life. >> noo sound from george w. bush making his first comments on the lack of an indictment in the nypd chokehold case. he may be the most high profile but certainly not the only one with an opinion. there was a noticeably more adepresses ive tone during a second night of protests in new york city. more than 200 people were arrested, double the number from night one. but let's be clear, these were mostly peaceful protests. thousands marched across the brooklyn bridge. some carrying makeshift coffins. the holland tunnel and west side highway were briefly closed. here's a photo i took of vans full of police and riot gear last night. it's not just in new york city. chicago's famed lakeshore drive was turned into a pedestrian mall as protesters gathered there. in the heart of boston there was a large demonstration on beacon hill near the state house and in the nation's capitol it's unclear what lawmakers are talking about on the hill but they staged a die-in by laying down on the ground. they're upset about what they feel is a lack of justice in this case. this case is far from over. nypd officer daniel pantaleo is facing a federal civil rights investigation as well as a civil lawsuit from the garner family. we bring in margaret hartman, who recently wrote about what we can expect next in the eric garner case. thank you so much for being with us. you wrote a great piece about what we can expect from all angles. we saw videos of the protests last night. everyone is feeling it across the country. i can't even imagine how the garner family is feeling at this moment up. write about the fact they are seeking now $75 million from the nypd and the city. what will come of that? >> right. so, the grand jury decision this week was just the end of the state civil criminal case against officer pantaleo. the family has already filed their civil suit and that has nothing to do with what happened this week. so that can move forward. they're is accusing the officer and nypd of various forms of negligence, wrongful death, assault. there's a lower burden of proof in civil cases, as we know, so the jury in that case only has to decide whether there's a preponderance of evidence if there was police misconduct. they don't have to prove he's guilty beyond a reasonable doubt. >> they basically mean more than 50/50, as you say. a much lower standard. the other big report we were seeing out today was the young man who actually filmed that famous video. he talked for the first time about what he felt happened when he went before this grand jury. let me read to from you that. he says, nobody in the grand jury was even paying attention to what i had to say. people were on their phones, people were talking. i feel like they didn't give garner a fair grand jury. my lawyer told me i was supposed to be in there for at least half an hour and i stayed maybe only ten minutes. we try to call all this stuff fairly but as a lawyer, that's unusual to the point of suspicious. that the person who filmed the video of the incident, the killing in question, homicide according to the medical examiner, got ten minutes with this grand jury. the question for you, as you look ahead, do you think a federal grand jury would do anything differently if they hear from him? >> it's hard to say where the federal grand jury is going to go in this case. experts are divided on what's going to happen. on the one hand, this is a case where there was a shooting -- this is not a case where there was a shooting. the federal government has already raised similar charges in the trayvon martin case and brown case. it was a split-second decision by cop. in this case we have a video. we know eric garner was being choked for long enough he had time to say, i can't breathe, 11 times. that could lead a grand jury to raise federal charges. >> there's an nypd internal investigation under way. do people expect the police to investigate the police and find wrongdoing? >> it's really up to nypd commission erbil bratton. all of that happens internally in the nypd. right now they're just charging -- they're investigating, looking into whether he should be charged or not. if they decide to move forward, he'll be subjected to an internal trial and the department advocate will say whether they should discipline him or even fire him. but they don't have the power to do that themselves. they turn to the commissioner to make that call. >> we know this weekend we're expecting a march in d.c. led by al sharpton. what are we expecting in terms of crowd size? i know this is an attempt to bring together the upset over what happened in ferguson with what's going on in new york and to come up with sort of a common agenda here. what sort of things are they going to be looking for and what kind of a crowd size are we expecting? >> i think it could be pretty large because we've seen so many people turning out and continuing to turn out in cities across the country. the protests in new york grew the second night. there were thousands of people on the streets. i think this could continue. i think the national march will continue to push this forward. we've seen last night, we have presidential candidates talking about it. hillary clinton made comments about it. potential candidates like rand paul have talked about the issues. so i think this will continue being an issue as we go ahead into the 2016 election. >> two thoughts there. one, hillary clinton is a new york senator and a lawyer in her own right. she was very late to this. >> right. >> i can't speak to the determination about when to weigh in, but she's late to address it. i suspect it has something to do with the tremendous activism and the tremendous outpouring of bipartisan across the spectrum outrage here. when you look at these kind of protests -- brooklyn bridge, that is a big thing to stop and shut down that bridge. that is a major point of traffic. that takes a lot of people. as crystal and others were mentioning, significant, peaceful protests. in some ways, more expressive than what happened in ferguson that got so much attention. as someone who covered new york, can you think of something that was this big in recent history? >> i really can't. it's been all over the city. they've shut down major landmarks and it's been a huge outpouring of grief and anger over this. >> you've been following this. you work the late night shift, as i introduced you. a very cool title. you've been following this the past few nights. what can we expect in the few days ahead? it's friday. here's the weekend. do you expect the same sort of activity here in new york and across the nation for the next couple nights? >> i think it will keep going. there was a case this week in arizona where a young man was shot and the officer thought he had -- had a gun in his pocket and he actually just had a bottle of bills in his pocket. that's drawing attention locally in arizona. as these cases keep happening, it will keep the momentum going and the protests. >> the police seemed a little more frustrated last night than the night before. >> although, they've done -- nypd has done a very good job. >> they've done a fabulous job. especially with the rock center christmas tree lighting two nights ago. thank you for being with us. up next, how to make sense of the garner and michael brown decisions and what a lot of people are getting wrong about what grand juries actually do. ari takes us to the big monitor. 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"the new york times" just reported about this officer's new testimony, his account does not seem to match what is seen on the video. and because of the video, some who rushed to take the officer's word in ferguson now disagree with this new york jury's accepting this officer's narrative. >> my thoughts are this ought to have been an indictment and it ought to have been an indictment for some form of manslaughter. it's not first-degree murder or second-degree murder but excessive use of deadly force on a person who posed no serious or material threat to the police. >> all right. but it shouldn't take a video for people to discover their skepticism for a homicide suspect's testimony in a homicide investigation. and it doesn't usually take a video or much evidence at all to go to trial. in ferguson, let's be clear, the evidence was more varied. most witnesses said that they actually saw an altercation at that cop car. gunpowder evidence showed a shot was fired, they're suggesting a scuffle. of the witnesses who say wilson shot brown, most say brown was facing the officer. but of the witnesses who saw the final moment of that killing, 16 of 18 said brown had his hands raised or up in the air. so jurors heard from more witnesses there was a scuffle at the car, which supports the officer's self-defense claim but more witnesses heard him shoot at a suspect with his arms raised. it's not what happened. it is just whether there was enough evidence to have a trial to find out. in other words, did some evidence or some witnesses suggest there was a crime? that is a low bar, as we've been saying. it's a legal test that was mangled in ferguson and new york. when grand juries reject the kind of evidence that's enough in just about every other indictment, we have to ask whether prosecutors are even trying to get these indictments. so, this isn't a problem where we need new laws or new ideas or new standards. we need to make public servants enforce the laws fairly or replace them with people who will. we will be right back with the other big news stories of the day. hungry for the best? it's eb. want to give your family the very best in taste, freshness, and nutrition? it's eb. want to give them more vitamins, omega 3s, and less saturated fat? it's eb. eggland's best eggs. eb's. the only eggs that make better taste and better nutrition... easy. eggland's best eggs. better taste. better nutrition. better eggs. it's eb. better eggs. boy: once upon a time, there was a nice house that lived with a family. one day, it started to rain. the house tried to keep out all the water, but water got inside and ruined everybody's everythings. the house thought she let the family down. they just didn't think it could happen. they told the house they would take better care of her... always. announcer: protect what matters. get flood insurance. alright, so this tylenol arthritis lasts 8 hours, but aleve can last 12 hours... and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are you? aleve, proven better on pain. into one you'll never forget. earn points for every flight and every hotel. expedia plus rewards. the news cycle, "rolling stone" magazine issued a retraction of one of the biggest stories of the year, accusations of rape at a university of virginia frat house. the magazine now says there are discrepancies in the user's account. "the washington post" reported a story shortly after the retraction, also casting doubt on that initial report. the orion rocket is back on earth after blasting off from cape canaveral this morning. it was a test launch. mission control called it america's new spacecraft. in the weekend storm cycle, more rain out west and along the eastern seaboard, especially tomorrow. if that's not enough, the makings of a nor'easter appear to be setting up for early next week. and a market alert now. wall street off to the races after the november jobs report helped make 2014 the strongest year for job growth since 1999, krystal. >> so, yes, we have those jobs numbers. and they are good. in november the u.s. economy added 321,000 jobs. that's the best monthly add november since november of 2012, but -- and there are always buts on job report friday -- the unemployment remains at 5.8 unemployment. and the labor participation pace stayed at near record lows at 62.8%. that means what is keeping the unemployment rate below 6% is that many, many americans have given up looking for work. the firm of bernstein joins us to dissect those numbers. 321,000 is really good. we also saw a little problem on the wages. >> a little bit. yeah, there was a nine-cent bump in hourly wages. that's actually good for a monthly number. however, you really have to look at the wage numbers year over year and so wages continue to grow at about 2%, as they have for the last few years. interesting, that's actually now beating inflation because, remember, that big dip in gas prices feeds into inflation so that the buying power of the average wage is going a bit further. look, on the labor market side, as much as you said, i'm probably a little more bullish on the report than some of your good news/bad news accounting. it's true that the labor force participation rate was flat, but actually flat is pretty good, because it was falling sharply up until about a year ago. so, the stabilization in the labor force, while we've been adding all these jobs, is a good sign. it means the fact that the unemployment rate has come down, not because people are leaving the job market but because they're getting jobs. >> we may number a hole with the labor force participation rate, but at least we're not continuing to dig there. >> we're not digging deeper. >> peter, what's your take? >> i think this is a good jobs report. and i think -- >> can you repeat that? >> i think this is a good jobs report. it's a red letter day. peter said we had a good jobs report. i'm more enthusiastic about it than jared is on this occasion. my feeling is if we were to continue to have jobs reports like this, the labor participation rate would go up and we would continue to see wages rise. what concerns me is most economists on both sides of the aisle see growth rate for gdp being in the high twos. better than we've had historically in this recovery but not as good as the last two quarters. the question is, can we keep up this rate of job growth if we only grow at 2.3% per year. probably not. will this turn into more take home pay? will people go out and spend it? i hope so. the dismal scientists may be wrong and next year may be better than we think. look, it's almost christmas. i want to look at this as a present. >> peter, we love the optimism. i have to say, we even gave you a breaking news banner, morici, good jobs report. that's the first time that's ever happened. >> ratings are going to go up, you know? >> you ever know those people who are always harkening back to another time, the people they feel like high school was their best time or '80s were their best time. i work with toure, for him it's the '90s when his suits made more sense. >> the '90s -- >> you're in a position -- >> the '90s were very good to toure. he's right about that. >> mine was the '50s. the 1850s. >> so, i want to ask -- >> sh going in a weird direction now. >> the political legacy version of that question is, of course, the clinton's '90s economy. you see jason furman out today, your old colleague, saying, this is just like the late '90s. look how great we're doing, more or less. that's not quite right. i mean, you've got to be honest about the fact -- >> not yet. >> tell us about this obsession with trying to position the obama recovery in the clinton '90s boom. >> well, i think -- by the way, in the peak of the '90s boom, the unemployment rate fell below 4%. i mean, i think jason is right directionally but we still have a long way to go. the thing about the 1990s -- actually assailant and an important difference between then and now. in the 1990s we got to full employment and we stayed at full employment. in order for the gains from gdp growth to be much more broadly shared than then, that has to be the goal. the economy is definitely improving. i'm very impressed at the clip of which we're getting better. we're definitely not at a point where a really tight job market is broadly distributing the prosperity the economy's generating. and we were in the latter '90s. >> there's been a lot of talk in recent weeks. i want to ask you both this, about the drop in oil prices. it's now down below $70 a barrel. there's a gas station in oklahoma, for example, that was trying to be competitive. they were pricing their gas at $1.99. peter, i'll start with you -- >> $1.99. you can see it right there. >> i wanted -- tell us if this is good or bad. i can see on one it could be a loss of jobs but on the other end if people aren't paying as much for oil and gas, they're more likely to spend in the marketplace. >> i don't want to be a grinch, but i don't want to see the price of gasoline fall any further because i don't want to see the price of oil fall any further. up to this point it's been a good thing. if it goes any lower than it is now, we'll see a big cutback in drilling. we already saw that in the durable good orders which came out today in the factory orders. that was the downer in the durable goods, was petroleum drilling and purchases for petroleum gear and so forth. now we are an oil producer again, or a big oil producer again. as a consequence, if oil prices get too low, the benefit we get for more disposable income from consumers gets offset by the oil industry contracting. you know, it's a two-edged sword. but to go back to what you asjad a minute ago f we can get up to 400,000 jobs a month, after all, a bigger labor force, if we get up to about 400,000 jobs a month and stay there every month, then this is going to start to look like the clinton economy. the wage gains will be broad based, employers will have to pay more and they'll be able to pay more. that's take good thing. >> i don't think that's probably a very realistic aspiration. i'm afraid the fed would probably tap the brakes if we started doing that. i do think the current clip will get us there. it's just going to get us there more slowly than i'd like. by the way, if we're going to get to that kind of a full employment job market, it means that both the federal reserve and particularly the congress have to not screw it up. so, there's that as well. look, on the oil point, i would say it's even a three-edged sword, if you can have a three-edged sword because one of the things that happens when oil gets cheap, a lot of people are kind of -- they have kind of short horizons about this sort of thing and they start buying big, fat gas-guzzling cars again. we're actually seeing a little bit of that. so, in an environmental sense, you also have to be concerned about oil that's actually socially underpriced in terms of its environmental impact. >> disen sent vizs those renewable energy -- >> also doesn't make people want to construct those three-edged swords. >> it's one of those triangles you throw in the electronic games kids play. >> you know about video games. >> toure knows about those. >> name, like, two video games? >> all right. let's talk about another completely noncontroversial issue, obama's immigration executive order. this is going to change the work status and the living status and probably the wage earning ability of about 5 million people who have been living in this country for a long time. they've been working, paying tax, but those numbers will go up. the amount of taxes they can pay, the amount of -- or income they'll make. so, do you think that this executive order will have a significant impact on the economy? i guess we'll start with peter first. >> it's not going to have as big an impact as the president might like because in order to make everybody happy, che didn't, but to try, he put a pretty onerous conditions on qualifying. i don't know how many of these folks will step up to the line and try to qualify for a work permit. they don't face the likelihood of being deported anyway. if they were to step up to the line and a lot of people became regularized and legal, then i think they would move up into better paying jobs and it would put pressure on those jobs to pay between $20 to $30, in the middle of the price range. a lot of the more skilled jobs. a lot of immigrants do have significant skills but they're standing in the background because of the circumstances they're in. so, i think it would create a lot of competition for native born americans. that's a real issue. hopefully we'll have a growing economy. don't like the fact he did this, the way de it, but morally i think we have an obligation to let these people in. >> well, they're already here. it's not so much a matter of letting them in. i think the issue here, if you look at the skills of the undocumented population, they tend to be more on the low end. it's a small plus. it will be hard to see in the data. we have a labor force of 155 million people. another 5 million people who are already here is just not going to show up that much. but the fact that they -- that you're able to pull some of these folks out of the shadows is going to be good for their own earnings, labor laws will now cover them, but also good for the earnings of people with whom they compete. it's actually much tougher to compete against someone who can be exploited. i think it's a plus. >> absolutely. thank you both. appreciate you. >> thank you. and more "the cycle" to come. fair warning, it is a spin. curling up in bed with a favorite book is nice. but i think women would rather curl up with their favorite man. but here's the thing: about half of men over 40 have some degree of erectile dysfunction. well, viagra helps guys with ed get and keep an erection. and remember, you only take it when you need it. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. ask your doctor about viagra. (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. we'll have given 50 million dollars over seven years. love. it's what makes a subaru, a subaru. your hepatitis c.forget it's slow moving, you tell yourself. i have time. after all there may be no symptoms for years. no wonder you try to push it to the back of your mind and forget it. but here's something you shouldn't forget. hepatitis c is a serious disease. if left untreated, it could lead to liver damage and potentially even liver cancer. if you are one of the millions of people with hepatitis c, you haven't been forgotten. there's never been a better time to rethink your hep c. because people like you may benefit from scientific advances. advances that could help you move on from hep c. now is the time to rethink hep c and talk to your doctor. visit hepchope.com to find out about treatment options. and register for a personalized guide to help you prepare for a conversation with your doctor. this is the equivalent of the and this is one soda a day over an average adult lifetime. but there's a better choice. drink more brita water. clean, refreshing, brita. night after night we've been glued to our screens, watching nationwide protests about what's going on, what's going on in staten island, what's going on in ferguson, what's gone on in other parts of the country from cleveland to arizona, to seattle, albuquerque, all over the place. nationwide people are in the streets protesting the idea that black lives seem to not matter. these are multiracial protests. they are multiclass protests. but will they make a difference. will something come out of this finally, that is the question we are posing to each other in this spin. will these protests lead to change. krystal, i feel like i have lived in this space for decades, right? a lot of people are very passionate and angry about the situation, but i feel like that might be because they are newer to the issue and i feel like having been in this for so long and seen these things happen for so long, i don't know how this leads to change. i want the politicians to pay attention. i want the police departments to pay attention, to see that they are not serving and protecting the american people as well and as carefully as they could. and i understand, it is very difficult to be a police officer. they do the job with a raighteos fear. they should be afraid when they go out. you never know what's going to happen when you stop a stranger and put them in a difficult situation. anything could happen. i feel for them. but i don't see the police -- i don't see the nation now saying, well, now we have to make ail change. they're upset right now because this thing just happened. but are they still going to feel like this six months, 12 months, 18 months down the road as these stories keep coming out one after another? i mean, we're marching on garner but we could have done it in crawford, we could have done it on tamir rice, we could have done it on x, y and z, going back and back. >> but we are doing it now. this is why i'm more optimistic. first of all, i think we're in a moment of history where we're seeing the backlash to the tough on crime posture we had in the '80s and '90s. people feel safer. crime is way down. they feel secure enough to engage in the type of reforms you need. second, the doj has already launched internal investigations into more than 20 police departments across the country. we just saw the results of that inquiry into cleveland. those in and of themselves, although they were low profile, they have been high profile and very important. i think those themselves will make a difference. here's the other thing, i actually don't think that what we -- well, we do need policy change at the federal level, but even more than that, we need a cultural shift at the local level and in the -- at the police department level. and i think because of the time and space that we're in, because of the attention here, i think we are actually positioned to see some of that cultural change. >> yeah i agree with that. and i think what we're seeing here is the power of stories. these are stories people can understand. you see that video and it tells a story from beginning to end. from the beginning of the interaction to this man's killing. we know that story. and then you go to policy. that larger context is, a change in what many see as a failure in the war on drugs. an awareness of the racial disparities. now, stories don't tell you what to do. the dumbest thing i've heard this week, and i've heard people i respect saying, is, well, we had a video here, so why would body cameras change anything? >> thank you, thank you. >> you know, that is crazy. >> right. >> because that's saying, instead of looking at the data we've reported on the cases, let's look at one place there was a failure. the body camera is the evidence. the problem is the grand jury ignored the evidence. >> we wouldn't be talking about -- >> that's our problem now. the video still helps our conversation. do you look at that situation and go, we need to stop using evidence in trials? using evidence in trials? do we need to figure out what happened in this grand jury and the other piece that is so important is we are learning more as a nation about something that used to be something that lawyers and civil rights people know. what goes on in the grand jury and why are we asking prosecutes to rely on people to do their jobs. >> not many people are disagreeing with that right now. we have been talking about so much today, really a couple days this week about the protests all over the country. we'll show you a protest right now in chicago. i was on the westside highway last night. this is live, by the way, in daylight. you can imagine what might happen tonight in the days to come. i saw it first hand last night. and i have to say this story has been so emotional for so many people. i have been emotionally impacted by this story. there is something different about this story. even if you compare it to ferguson where we didn't get to see the evidence. here you see the video. it's pretty apparent what happened and you see zero accountability to come out of it. >> no trial. >> and let me say -- >> let me finish, though. i mean, what's also so powerful is that people from both sides coming together. people all the way as far right as glen beck who has called this obscene and i will say from a republican standpoint, they should be out in front of this, eugene o'donnell was saying this goes against everything that the republican party stands for. this is fighting for life, fighting for liberty and accountability when it comes to big government. republicans should be out this front and center of this thing and we are beginning to see that happen. if we can't make change here we're not going to be able to make change on it ever. >> we saw what happened to rodney king did anything significant happen in that? was there significant changes in how we do policing in america? no. and there are similarities between those situations. and we talk about the disillusion in labor movements in america but it's police as a labor union that is one of the most powerful in america and they're not going to let a significant change taking away their power. >> but you have a grass roots uprising. we have to listen to the people on the streets and see where it goes. >> i'll be back with my take on the police and this whole week in america, next. it's time for your business entrepreneur of the weekend. gabriel wanted funding for wash cycle laundry. but he had a tough time getting investors to take the philadelphia company seriously. so he boot strapped the business, made some money and soon enough cleaned up. for more, watch your business sunday morning at 7:30 on msnbc. real estate lobbyist against black people. i don't know if the board of education hates black people but i know the textbooks i give my children to read and the schools we have to go to. now this is the evidence. you want me to make an act of faith risking myself, my wife, my children on some idealism which you assure exists in america. >> that was the great james baldwin talking in 1968 expressing an anger with a society that devalued black people wherever possible. that anger is in the air again as people nationwide protest night after night. the curaner commission examined the reasons behind the black riots in the '60s. the findings read true now almost 50 years later. they write of, quote, a widespread belief among negros in the sense of blik brutality and a double standard of justice and protection one for negros and one for whites. the fear of the police is shared by the mayor of new york city because he has a black teenaged son. >> we have had to talk to dante for years about the dangers he may face. good young man, a law-abiding young man who would never think to do anything wrong yet the dangers he may face we have had to train him as families have all over this city for decades in how to take special care in any encounter he has with a police officer who is there to protect him. >> black sons across the country are being told they have to deescalate situations with police. the same lessons i got when i was a teenager. say yes, sir, no, sir, be still, keep your hands visible at all times and never forget you are frightening to police officers and forgetting that could be deadly. this is not blaming the victim but teaching survival skills. black boys who don't do those things can end up dead but it's nationwide police reform is happening slowly. the cleveland police department had been using excessive force for years. holder has found police using excessive force in new orleans, detroit, seattle, albuquerque. it hurts to the core to relive this over and over. all we are asking for is to be full americans. the curaner commission road in 1967 what the rioters appears to be seeking was fuller participation in the social order and the material benefits enjoyed by the majority of american citizens. rather than rejengting the system they wanted to obtain a place in it. they want to be full americans. in 1776, the american revolution sparked by the original tea party fought to overthrow the status quo that trampled on their liberty. that desire is on the folks. if r "now" starts now. the violence continues but so do the marches. it's friday, december 5th and this is "now." >> it is important that we acknowledge we have a problem. >> hands up, don't shoot. hands up, don't shoot. >> a new case in phoenix, arizona. >> after the death of another unarmed black man shot by a police officer. >> these cases are happening every day across american and unarmed people are being killed by police officers. >> we have to deal with the culture of policing. >> a guy who commits a low level crime should not end up dead. >> there is not one reform but a series of reforms. >> we're seeing the demonstrations around the country because these two officers did not go to trial. >> no one is being shown this is bad behavior. >> we need the police to fight the street crime but we need them to respect us. the outrage over america's law enforcement practices continues. right now protests are underway in chicago as crowds demonstrate their frustration in the wake of

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