good morning. welcome to new day. it is thursday, august 21st. we are live in ferguson, a spectacular lightning storm cooled down the situation allowing some calm to wash over the angry streets overnight. kate? >> the video is really startling. also have breaking news on one of the americans who is being treated for ebola in an atlanta hospital. could be some good news. you are going to want to hear that. let's, of course, first get back to chris. seems like a better night last night. >> and that's almost a direct quote from the police commander in charge. there was progress on the day if you look at it in balance. attorney general eric holder was here in the role of peace-maker as much as investigator trying to offer reassurance and comfort here in ferguson. he mitt with michael brown's parents and police and others, promising a fair and thorough investigation. 12 days after her son was killed, michael brown's mother was finally able to see her son's body as well.

that was a very important moment here as people observed her reaction coming out and what her message would be to them. they are still waiting for it, but the big headline is although it was another long night, again punctuated by this lightning storm that was just huge and seemed to sit over the area and may very well be a reason why the protests were less dramatic. only six arrests overnight. the streets were lined. voices were angry, but just hours ago ron johnson, the man in charge of policing the protests, did come out and say tonight is a very good night. overnight this ferguson the first real hint of calm. since michael brown was shot and killed 12 days ago. >> you can often tell how the night is going by the radio traffic, and tonight the radios were mostly quiet. >> one brief confrontation when supporters of officer darryl

wilson and michael brown collide. a very different scene from the night before, this video showing a very angry police officer pointing his gun at the crowd. >> my hands are up. my hands are up. >> hands up. hands up. >> get back. get back. >> you're going to kill him. >> what's your name, sir? your name is go [ bleep ] yourself. hello officer go [ bleep ] yourself. >> a county officer steps in to diffuse the situation, and now that officer is suspended indefinitely. attorney general eric holder is here to ease tensions. >> we're here to help and also want to listen. >> a new witness to the michael brown shooting comes forward telling cnn's anderson cooper what he saw.

>> by the time i get outside he's turned around facing the officer. he's -- he has his arms like under his stomach and he was halfway down, like he was going down, and the officer let's out about three or four shots at him. >> this as another video surfaces showing the moments st. louis police shoot and kill 23-year-old kajimi powell tuesday. >> he's got a gun out. >> they got their guns out. >> police had said he came at them with a knife after stealing from a convenience store. the incident further fueling controversy about excessive force here by police. >> that's all they want. that's all they want. >> you believe the cops want to

shoot. >> that's what they are doing. that's what we see. that's what we're waking up to. >> st. louis police chief sam dodson says the officers acted appropriately. couldn't you have done something else in this situation other than kill him? >> he brings up a very good point. what about why use bullets, why not use stun guns. >> tasers aren't 100%. if that taser misses that subject continues on and hurts an officers. >> now you have an incident that happens and you have how it is handled by police. both are a fundamental importance. when the chief came out, sam dobson, the man who you just saw went to the crout and told them what would happen and said they would review it, it mattered. the crime scene was dealt with very quickly. the body was covered, removed, everything done very quickly. very different in the minds of people here than the situation with michael brown. that's how it was handled, but the video itself is, again, raising huge concerns about what the police say happen and what was necessary and what you see on the tape. let's bring in david clinger, a

former los angeles police department officer and an associate profesor at the university of missouri. the name of the book to read is "into the kill zone," insight into these tactical responses. the video important enough to look at it again. let's play the video, and then you can tell us what is right and what is not in terms of the assessments that have to be made from an officer's point of view. that man with the orange shirt is the store owner. >> we'll let people watch for themselves. the voice is of the man shooting it on his cell phone. he knows this man and knows him to be disturbed mentally or otherwise. the police were not told that in the 911 call. >> i think it's important right now the suspect is approaching the officers, giving him verbal commands to stand back and he moves up to the left and i see him going up on the high ground to launch an attack on the passenger officer. it's tragic the individual is dead but in a situation like that the police have no other option. the suspect is very close. if they run it all the way

through the suspect falls almost at the feet of the passenger officer. >> to someone who doesn't understand tactics and response. >> right. >> i see him take his hand out of his pocket. he's got a knife in his hand. i'm told by the police, well, you know, he charged, lunged. i don't see coming at. i see walking. >> right. >> i see commands that are not being heeded and what we don't even have chyroned he's saying kill me, kill me. they don't know the man is disturbed. he s.to the untrained eye. it's a knife. you both have guns. you don't try to take me down. you don't toys ase you. i don't lunge at you and you shoot me six times. >> the suspect was continuing to move towards the officers. he's seeking high ground. if i'm a police officer i'm looking at someone taking high ground. he's taking high ground so he can attack me and that's a tactic that any police officer is alert to. i always want to be higher than

your adversary so that's an anticipation in my mind he's going to come get me. >> i see a guy jumping over the curb. >> i have no idea what the officers are thinking. >> you'd be thinking high ground. this is a threat. this man is moving parallel across my -- my plane of sight between the two of us, moving parallel. he's picked one of us out. he didn't go to the driver officers that is closer. in my mind this suspect has sized us up. he's decided to attack the passenger officer so if i'm passenger officer i'm thinking he's going to try to kill me. continues to move offline and moves towards them. the shots are fired. if you see, as the shots are being fired, the suspect goes down falling towards the passenger officer. police officers don't get paid enough money to get stabbed. >> why don't you shoot me in the leg. >> why don't i shoot you in the leg. >> or tase me. >> i don't know if they had tasers, but this thing happened very, very quickly, only a few seconds between the time he was

approaching them and they moved offline. >> that's not instantaneous, over ten seconds of him moving around. >> what that shows in my mind is that's restraint from the officers. could have shot him a lot sooner, someone within 20, 25 feet of you, that's perceived by most police experts to be a threat at that point so the officers, according to their training, could have shot previous to that. >> this doesn't shock you. >> not at all. >> it shocks me in terms of we have another dead person and that's always awful and i feel sorry for them. this individual decided to get killed. >> a suicide by cop. >> i don't know how else you can construe it. >> six rounds from each? >> i don't know. >> doesn't sound excess sniff. >> you need to shoot and keep shooting until the threat is ceased. >> everybody will be talking about this video. it started last night. the big thing is when they say he lunged at us, that doesn't

seem like a lunge. >> all i can tell you is i viewed the thing a few times last night, the suspect is continuing to move towards the officer. >> that's enough. >> absolutely. if he starts to run, these officers -- the passenger officer is going to have a knife in his gut if this suspect saturdayed to run. >> while it looks like casual and a long time, when someone has a deadly weapon in his right hand you think these officers did it right. >> i've been in a situation like that when i was a young police officer. guy attacked a partner with my butcher knife, happened like that, i was on one side of the street, he on the other. i go over to my partner's side. by the time i got there my partner is laying flat on his back and he was trying to drive the butcher's knife through my partner's throat. there's no time to respond if you don't have your gun out. the officers had their guns drawn and in the appropriate posture, and in my situation we got very lucky because my partner was wearing body armor. if he wasn't wearing body armor he'd be dead.

>> don't underestimate the situation involved with the police officer. important to get the expert analysis. "into the kill zone" is the book. >> yes, thanks. >> let's turn to extraordinary revelations in the wake of the vicious beheading of james foley by isis officials. a u.s. official says special ops units were sent into syria this summer to rescue him and other american hostages held by the terrorists, but the mission was clearly not successful, and now we're learning isis militants wanted a ransom for foley. the "wall street journal" is reporting foley's former employer global post says his captors demanded more than $130 million from them and his family. "global post" also says isis warned his family by e-mail just a week ago that he would be killed. pentagon correspondent barbara starr is following all of the latest developments for us. barbara, you were breaking the

news for us when this came out yesterday. what more have we learned this morning. >> reporter: good morning, kate. one of the questions, about this raid, was the intelligence bad from the beginning, or were the hostages suddenly moved before the u.s. commandos could get there? these are some of the questions we never even thought we'd be asking. u.s. special forces launched a daring raid earlier this summer inside syria to try to rescue james foley and other americans being held by isis. dozens of the most elite u.s. commandos from units like delta force and s.e.a.l. team 6 went in by helicopters, fighter jets and surveillance aircraft provided overhead protection. the u.s. will not disclose the location, but when the commandos arrived, the hostages were not there. several isis operatives were killed, one american slightly injured. the white house says it demonstrates the u.s. will spare no effort to secure the safety of americans and hold their

captors accountable. before the operation was revealed, president obama vowed to be relentless in the face of foley's killing at hands of isis. >> when people harm americans anywhere, we do what is necessary to see that justice is done. >> reporter: british and u.s. intelligence experts now analyzing every frame of the video for clues about the murder, especially the british accent of the killer. foley's parents calling for peace. >> jim would never want us to hate or be bitter. we are just very proud of jimmy. >> so far isis has not made attacking the west a major priority, but now the killing of foley said to be direct retaliation for u.s. air strikes in iraq, air strikes which are continuing around mosul dam to push isis back. u.s. nerves running high. the state department asking for

up to 300 additional u.s. troops for unspecific security reasons in baghdad. the intelligence community worried about what will happen next. >> it's not clear whether the leadership will now pivot towards attacking the west. there's certainly a lot of concern that they could. >> reporter: the administration says it's now revealing this secret commando mission because several news media outlets were already on to the story, but all this really goes to show just how tough it is going to be to go after isis. kate? >> absolutely, barbara. and also significant in hearing for the first time that there were boots -- u.s. boots on the ground in syria as you have been pointing out, the first time that we're hearing about this as well. barbara starr at the pentagon for us. as always, barbara, thank you. let's turn now to more breaking news, the american doctor infected with ebola will be released, if you can believe it, from atlanta's emory university today. kent brantly arrived at the

facility earlier this month. he contracted the deadly virus while treating infected patients. he was working in liberia. brantly and his colleague, nancy writebol, received experimental treatment before being flown to an isolation unit in the atlanta hospital. brantly will make a statement about his recovery later this morning. doctors are also expected to give an update then on writebol's condition. just unbelievable the turnaround that he has seen. going to take a break. coming up next on "new day," a grand jury has started looking at evidence in the michael brown shooting. we have a brand new witness coming forward as well. what he says he saw that day and what it means for the investigation. unlimited cash back. let that phrase sit with you for a second. unlimited. as in, no limits on your hard-earned cash back. as in no more dealing with those rotating categories. the quicksilver card from capital one. unlimited 1.5% cash back on everything you purchase, every day.

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welcome back to "new day," everyone. after a peaceful night thankfully of protests in ferguson, missouri, the focus turning very squarely and most importantly into the investigation into michael brown's death. the grand jury is starting to look at witness statements which are already beginning to contradict each other. take a listen to -- here's a sample of it. when a brand any eyewitness, his name is michael brady, what he told our anderson cooper. listen to this. >> did you see him running towards the officer in any way? >> no, when he was running away, no, not at. a by the time i come outside i'm thinking he's now hit after i seen the officers shooting at him while he was running away. >> but this eyewitness heard off camera, this next eyewitness

heard off camera right after the shooting seemed to see something very different. listen. >> he got out and ran after him? coming back towards something. >> running after him. what will these differing accounts mean for the investigation? what does it mean as we're all talking about this, especially since these have come out so publicly. let's bring in paul callin as well as mo ivory, a radio and tv personality to continue our discussion. what do you make of this. just two eyewitness accounts of the many we're hearing coming out, but on this can they both be accurate? >> they both can't be accurate, but it shows how seeing something from different perspectives may change your opinion about what you're seeing. eyewitness testimony is kind of unreliable inherently. what surprised me about this last night, i was watching michael brady being interviewed by anderson cooper, and i said, boy, this guy is really believable. he's calm. he's mature. he's not one of these kids who,

you know, maybe you'd be worried that his testimony wouldn't be accurate. >> there are things he couldn't know. couldn't hear if there's a back and forth. he was still behind the window. >> one of the things that he said that i think will hurt him about the shots. at first he said, no, i didn't hear a shot fired at the beginning. incident when the struggle in the car was taking place, but then he kind of indicated that he knew other people said there was a shot so you're wondering is he being influenced by what he's heard as opposed to what he saw, so -- i think he looks to be a very good witness, but he'll be contradicted by other witnesses and that creates reasonable doubt in a criminal case. >> what do you make of this especially, this specific, this new eyewitness, mo, and the impact that these conflicting accounts that are now coming out can have on the investigation? >> you know, i don't find them to be so conflicting actually. i don't necessarily agree that they are spark opposites. i think depending on the time

that these eyewitnesses came into view of what was going on seems pretty consistent to me. the things that i see on the witnesses that have testified to seeing what happened, that seem very consistent to me, there was an encounter -- initial encounter. then there was a running away by michael brown and there was a shooting while there was a running away, a turning around and a falling. i see that as being pretty consistent, what this person said and what dorian said. i don't see as much as everybody else does such inconsistencies, especially if you look at the time frame that these different witnesses came into view of the incident. >> here then is the important question that i haven't asked then. what do you think then is the important moment, if you will, in this investigation to -- to focus on in these eyewitness accounts? they are all telling kind of long stories from their memory. what is the moment that you think is the important one for

investigators to be honing in on? the tussle at the car, the running away, the turn around? which one is it for you, mo? >> the excessive force used after the four shots. what seems to be very consistent is he was now facing the officer after the four shots to the arm, and he was going down. the most crucial thing to me is why at that point did the two more shots come, especially the one shot to the head, that was the fatal shot, because we wouldn't even be talking about a death right now if we didn't have to examine that exact moment. >> how much weight is -- when you point out as mo points out she doesn't think they are so conflicting. eyewitnesses will tell a different story because they will tell a different story when they tell it. there's only a couple of people who saw -- who the two people involved have very different accounts of what happened.

>> this case is developing into a prosecutor's nightmare. >> why? >> sometimes when you have too many witnesses, you're struggling sometimes to find a witness, and in this case you have so many witnesses and a good defense attorney is going to create reasonable doubt by saying look at all of the conflicts in the testimony. even these witnesses don't know what happened, and what is does the officer say? he says this man, this 6'4", 300-pound man ran at him with his arms out. now, of course, the witnesses are saying that that was a surrender gesture. >> this is interesting, paul. >> the officers would think this is an aggression act. >> michael brady, this new eyewitness, he said he never saw his hands up. >> how does that square obviously with two other witnesses, the two women who testified. they both had him with his hands up so these are direct contradictions. >> when you take all of this into account, mo, when do local and federal investigators do with all the accounts? i read federal investigators have interviewed hundreds of

people. >> sure. they gather -- that's why you keep hearing that this is going to take a while, and i'm not against it taking a while because i really do believe that they need to really find the consistencies, and it is a prosecutor's nightmare. i agree with paul, but i do think done the right way and if you make the time line and put all the consistent statements together, if i was a juror and i was listening to one person's testimony because there's not many that are going to be able to account for what the officer did versus the people that have come out to say what actually they saw happen to michael brown, i think he could have a very strong case. again, our justice system is based on what 12 or however many jurors are permitted in ferguson, missouri, what they will think of the evidence, so it's very hard to decide all of us right now that the witnesses are bad and they are conflicting. we have to wait until we see what is presented. >> prosecutor's got to convince 9 of 12 grand jurors that he has a case. >> yes, in the grand jury right now. >> and that's -- that's the

standard he has to meet to get an indictment. >> and then the prosecutor, he said that he could be mid-october is their target for when they would like to wrap up presenting all of the evidence to the grand jury so there will be a lot to come out. >> that's just the grand jury. >> that's what we can call the first step of what we need to find out. what then. we all have to wait for. mo, paul, really interesting today. thanks so much. we'll have so much from ferguson. what did attorney general eric holder tell the community? what was the impact of his visit. first, a new wave of violence in gaza. an overnight air strike killing hamas leaders, and a new threat aimed at israel's main international airport. we're going to talk about that ahead.

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made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

welcome back. the gaza conflict really erupting again overnight. hamas says three of its senior military leaders were killed in an israeli air strike on a house in southern gaza. this comes as hamas issues a warning telling international airlines not to fly into or out of israel's ben gurion airport. cnn's john vause is following developments live in tel aviv. how serious are they taking this threat? >> well, i guess they take all the threats that come from hamas

fairly seriously by the israeli military says seven hours since the hamas warning did in effect come into effect one rocket has been fired from gaza towards ben gurion airport here. it landed a few miles south of here in an open field. hamas said it fired an m-75 long range rocket towards the airport. so far today just one cancellation reportedly for security concerns. that was a royal jordanian flight from amman but the rest of the airline schedule seemed to be operating as normal as does the airport here that are coming and going. they are arriving as well and international carriers continue to take off and land. hamas was clearly hoping to repeat what happened last month when a rocket landed not far from the airport and many international carriers decided to divert from ben gurion airport for about a day and a half. that seen as a blow to the israelis, both economically and symbolically. hamas claimed that as a victory. they are hoping for the same thing today but so far, kate, it

just hasn't happened. >> a lot of daylight left as we have to say, john. thank very much. john vause in tel aviv. let's get over to christine romans who is taking a look at more of our headlines and news on the ebola victims. >> a lot going on this morning. breaking this morning. the american doctor infected with ebola will be released from an atlanta hospital today. kent brantly contracted the deadly virus while treating infected patients in liberia. earlier this month brantly was flown to emory university hospital in an isolation jet. he was able to walk on his own when he arrived. his colleague, nancy writebol, is expected to be discharged from the hospital's isolation unit, but it's not immediately clear whether she would leave the facility. we wish them both well. new details coming to light after the barbaric killing of american james foley by isis. a u.s. official says special ops units went into syria this summer to rescue him and other hostages, but they were not successful. all this revealed as air strikes

keep pounding the area around mosul dam to push isis back. the state department now asking for up to 300 more u.s. troops for unspecific security reasons in baghdad. an uptick in violence in eastern ukraine. at least 34 people were killed and dozens injured in fighting between the military and pro-russian officials. donetsk authorities say most of the dead are civilians. the russians say this convoy is humanitarian aid but ukrainians are concerned this is all a ploy to get more russian assets into the country. a settlement against one of the banks at the center of the mortgage crisis could be announced as soon as today. sources at the justice department say that bank of america has agreed to almost $17 billion, a $17 billion settlement for its role in selling risky mortgage-backed securities. it will be the largest settlement ever paid to the government, the largest ever by a single company. part of the money will go to provide mortgage relief to struggling homeowners.

there are plenty of homeowners who say i need that had relief about five years ago. >> that's right. >> and i needed the banks not to behave this way in the first place. >> did i hear this morning that you say an amazing statistic, that this is eke vent to three years of profits. >> three years of profits. the justice department really trying to exact some pain on some of these. >> do they admit wrongdoing? >> usually when you settle you don't admit wrongdoing. >> thanks, christine. christine and i will be back in just a second. coming up next, a night without violence in ferguson, missouri after attorney general eric holder was on the ground promising a thorough investigation of the michael brown shooting. we're going to go back to missouri. chris is on the ground for us and was out there all night for more on holder's visit and what this means to the community. [announcer] play close-good and close. help keep teeth clean and breath fresh with beneful healthy smile snacks. with soft meaty centers and teeth cleaning texture,it's dental that tastes so good. beneful healthy smile food and snacks.

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welcome back to "new day." we're live in ferguson, missouri, this morning where the focus is now on the investigation into the shooting death of unarmed teenager michael brown. attorney general eric holder is promising a thorough investigation on the federal level, somewhat unusual. he came here, very unusual, to

meet with community leaders on wednesday, including the man in charge of security, missouri highway police captain ron johnson. cnn's don lemon spoke with johnson about the meeting, and here's what he had to say. >> he said this is what policing is about. this is what policing has to be, and what a great statement. >> did you talk about anything? did he tell you about what he wants to have happen in this community? >> he said what we're seeing now, community policing, getting out and being a part of the community, to me that's what he said is needed. >> do you think it will make a difference that he came here? >> i think so. i think so. i think it shows that the white house, you know, our government at the highest level has heard the voice of the people that are hear. >> hard to argue that it's not

good that he came, but the question is what will he do? let's bring in naacp board member john gasquet. good to have you have here. an unqualified positive, shows a respect for the community, but in talking to him what do you think happens? >> i think, number one, people should be aware that the justice department is on the job and so is the fbi. for the attorney general to make the decision to come here, it wasn't necessarily the decision of the president. he said it was his decision to be here on the ground, to be updated, to be briefed on what's going on and to get an understanding of where we are in this investigation with this that he has on the ground so i think that speaks volumes in terms of the priority of the investigation. what his priority is and it's obviously a top priority to him. it obviously speaks to what his agenda is, not only for the administration but, you know, for his tenure at the justice department. >> talk versus action.

how important is it for people to see that things get done because that is setting up false expectations, right, because the civil rights case is very difficult to make on a federal level. >> absolutely, and i think we're starting to really realize that, and so updating the people on the ground on what's going on. i think last night we had some peace because they saw a federal official came to town. it's getting some attention. the grand jury met yesterday, and people in the community are beginning to maybe realize -- start to realize the process and seeing what those steps are. >> do you have more confidence now knowing that there's at least federal pressure, right, so that the local prosecutors know that they are being watched, have to do their best, not to insinuate that they wouldn't do that, but do you feel better about the prosecutor keeping the case and going through the grand jury and recusing himself and bringing in someone else? >> well, you know, the governor, we would think would reappoint

someone. he has said he's not going to ask him to step down. >> that's a whole other story in itself. we're not going to go there. but i would say this much, but would i hope since he's not going to do that. he's the governor -- first of all, his leadership probably needs to be re-evaluated and furthermore -- >> you think that this situation has proven that the governor is not tuned into the community involv involved. >> i think it's definitely a sign for the voters to re-establish their leadership probably across the board to be quite frank with you, but would i hope that he will continue to stay engaged. i hope that our federal elected officials will continue to stay engaged with the justice department. >> time is the enemy. >> absolutely. >> people are angry now and want things to happen now. nothing is going to happen now. >> well, i have a question for you. you've probably done this a lot more than i have. why can't the grand jury meet more than once a week. it would probably help move things along.

>> it's expensive. >> people have lives. it's expensive. you get the speena the same way. >> right. >> you get the notice and you're pushed to serve and you meet one day a week, give you different cases and they may even hear other things than that one unless it's especially empanelled. the prosecutor gets to present evidence when or how she wants, it is a man in this case who works the grand jury. they are supposed to give evidence for and against handing up an indictment which means evidence of officer wilson's alleged injuries to his face, whatever evidence there is of that, that gets to them as well, and then they decide whether or not to bring it, but it's only a day a week so when the prosecutor says it's not until october, that's realistic. >> so in terms of -- is there any kind of priority in terms of what type of evidence is presented first to the grand jury? >> no, it's done strategically

by what the office wants to do, so, you know, they have to show them everything they want to show. the question comes down to how are you using the grand jury? what's your motivation as a prosecutor? do you think this prosecutor wants to bring a case against this cop or wants to find a way not to bring a case, what do you think? >> i would hope that bob mcculloch would do the right thing and do his job which he's done for many, many years now. i would hope that he would use his experience to leverage the situation and do what's right. will he do that, you know, with that being a question and a major question from not just black community leadership but across the board, i think, you know, the safest thing would have been to get a special prosecutor here on this, but with that all that -- at this point all we can do is hope and pray and hold people accountable. >> your constituents will say you came up for a while in ferguson. your mom was here. you remember being here. you're supposed to represent us. you've got to leverage this

situation as well. you've got to do something for us. you've got to make it better for us here in terms of what we see as a culture of abuse of policing. what can you do for people here? >> the first thing we can do is begin to call investigations on these municipal police departments because ferguson, you know, i've been telling people, is not the only one. right here within this ten-mile radius you've got -- i'm not going to go into names, but have you a number of them that have a history of police brutality and have an issue with how they treat bmws, black men walking as we say at the naacp. yesterday at the meeting, you know, we really heard from people's hearts on how they feel about many of these smaller municipal police departments. we hear it all the time at the naacp. we've been telling people, warning people. it's a problem and epidemic in america. something has got to be done about it, or we're going to find ourselves in a very, very, very different situation.

>> so you're going to have to be ever present, even more present here. >> even more. >> monitoring the situation, keeping things calm and work on progress. >> even more. >> right. >> i think that this is just the tip of the iceberg. i think that there's a lot more to go. >> thank you for being here. >> thank you for having me. >> we'll be staying with you throughout the situation. >> all right. let's take a little break on "new day." when we come back much more out of ferguson. there's a lot to tell you, plus new details about a failed attempt to rescue americans held captive by isis. what happened? why didn't it work? we're going to take a look at what the happened may likely do next. ♪ ♪ so nice, so ni-i-i-ce ♪ sweet, sweet st. thomas nice ♪ so nice, so ni-i-i-ce ♪ st. croix, full of pure vibes ♪ ♪ so nice, so ni-i-i-ce ♪ st. john, a real paradise ♪ so nice, so ni-i-i-ce ♪ proud to be from the virgin islands ♪

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welcome back to "new day." new revelations this morning about a failed attempt to rescue americans being held hostage by isis. among those captives was james foley who was recently beheaded in that gruesome video posted online. intelligence indicated foley and the other kidnapped americans were being held by militants in syria, but when the delta force commandos reached the location, the hostages were gone. let's dig into this with retired lieutenant governor mark hurtling, a cnn military analyst and former commander of u.s. troops in iraq. general, great to see you. a lot of questions. just the tale, whenever we hear about one of the special ops units going in all piques our interest. what's your take o to say, kated good morning. what i would suggest to you is they probably had very good intelligence, but what you have to counter the intelligence with is a little bit of bad luck. all of those things factor into any of these kind of operations.

i'm sure they had very good targeting information from human sources, from aerial sources, from signal sources, the kind of things that allow you to pinpoint in on a target but the luck piece plays a part in any of these missions whenever you send special operators into contact. >> especially when you make the decision to send in, as it was described, dozens and dozens of special ops commandos. that puts isis on alert that the u.s. is on them, right? >> well, it certainly does after the fact and that's why i think some of the release of the information is reprehensible on the part of the individual who did it. i know reporters are doing the job, but whoever is leaking this kind of information will affect future operations, and that's very unfortunate, because these guys are operating all the time and are operating on a razor's edge so the kind of information to know that isis now knows that these folks are coming after you, you better be ready might

change their operating tactics a bit, too, and that's unfortunate. >> i wanted to kind of ask you about that because i think it's also significant, as i was talking about with barbara starr earlier, that this also indicates the first time we've become aware that there were boots on the ground in syria. when you think about the timing and the place that this is all occurring, i would like to know what kind of dangers these commandos were going up against just coming into the country there. >> well, all military personnel but especially special operators, are coming up against danger all the time. that's what they do. that's what i used to do. that's what we do. you know, that's part of our constitutional oath. it's a different kind of profession. we put our lives on the line for the security of the united states so it just gets to the level of these things and special operators are at highest level. they signed up for this job, and they know that their missions are always going to be tough on them. there's no easy missions in the special operations force.

>> definitely safe to say. >> let's talk specifically about this situation with james foley. we're hearing this morning and the "wall street journal" is reporting that there was a ransom requested, $130 million requested by isis from his employer as well as his family. what would the u.s. government have done with that? >> well, first of all, let's talk a little bit about the ransom. that's a mode of operation of all terrorist groups. we saw that multiple times in iraq with al qaeda, with ansar al zuna, all the terrorist groups. whenever they take someone, it's a means of generating funds so they will always ask for that. we've made it our national policy not to negotiate with terrorists. so that's not going to happen. whenever you start getting into that game, it makes it really tough, and i think most terrorists know, especially the ones who at this level of conflict know that the united states is not going to pay money f for ransom. >> there are so many questions that i have, but i think the big question looking forward is what

now? in-depth video, the captor with the british accent talking about this is retaliation for u.s. air strikes in iraq, and it's obama's next decision that decides the fate of another american that's being held, but air strikes have continued. there were 14 air strikes just yesterday so that doesn't seem to be changing any policy by the united states. what should the president do? what do you think he's considering? >> well, i think he's doing exactly the right things. he's continuing to maintain the air strikes. he's continuing to push the iraqi government because it is going to be iraqi forces and the combined forces of the world which is going -- which are going to stop isis. it isn't just going to be the air strikes. they are certainly putting isis on their heels right now, and i think in conflict, which is war, you have this tit for tat. whenever you do one thing, the other side is going to do something else, and i think the air strikes really put isis on its heels. they did not expect that. it is blunting some of their operations. certainly it is not destroying

them, and there's going to be a whole lot more effort to eliminate this -- this organization. but it is putting them on the heels, on their heels right now, and i think that will continue as the iraqi military and other international actors come to play in this crisis against this reprehensible and horrific organization. >> and in general, when you take all of that together, what does that mean for the life of the american that we saw in the end of that horrible video of the beheading of james foley, steven sotloff, still as far as we would be able to consider, he is a captive by isis as well. what does this all mean for his life? is he at greater risk now? >> i think speaking frankly, and this is unfortunate, i think they publicized what the next steps are going to be. that is truly unfortunate. it is the way they act, and there's not a lot that you can do about that other than try to counter their reactions with

raids, air strikes or the kinds of military operations that will put them out of commission. i don't want to comment on what might happen next with the other reporter but, you know, it's unfortunate. i think they have publicized what's next. >> unfortunately, i think you might be right. lieutenant general mark hertling, always a pleasure to have you on. thank you so much. >> of course. following other news out. meet and also right here at home in missouri. let's get right to it. >> people know that a federal thorough investigation is being done. >> there were no molotov cocktails tonight, no fires, no shootings. >> we want justice. >> you'll never ever win a fight with a cop on the street. >> i believe that it's important. >> the entire world is appalled by the brutal murder of jim foley. >> the intelligence community

worried about what will happen ne next. good morning. welcome to "new day," it's thursday, august 21st. we're here in ferguson, missouri. residents are waking up to something barely seen in days, quiet, as protests remain peaceful overnight, kate. >> thank goodness for that. as you said yesterday, take progress where we can see it. >> this also comes following a advice friday attorney general eric holder who is reaching out to the community and trying to ease the racial tension. we'll have much more on that ahead. let's get back to chris in missouri. chris? >> eric holder, of course, is promising michael brown's parents and this community a fair and thorough investigation as they see their son's body for the first time 12 days after he was killed. that's when the family finally got to see the body of their son, a very difficult moment, no matter what went into this situation. now, a grand jury, they started to hear evidence on wednesday. the prosecutor says the process will take months. that's just a realistic expectation of a grand jury, but this morning there is relief because authorities are touting

progress after a more peaceful night. overnight in ferguson the first real hint of calm. >> we are mike brown. >> since michael brown was shot and killed 12 days ago. >> you can often tell how the night is going by the radio traffic, and tonight the radios were mostly quiet. >> one brief confrontation when demonstrators and supporters of officer darren wilson collide. very different scene from the night before. this video showing an angry st. anne police officer pointing his gun at the crowd. >> my hands are up, bro. my hands are up. >>rationed and pointed. >> hands up. >> [ bleep ]. >> hands up. >> get back. get back. >> you're going to kill him. >> he's trying to kill him. >> what's your name, sir? >> a st. louis county police

sergeant steps in to diffuse the situation, forcing the officer to lower his weapon. >> put your [ bleep ] gun down! >> that officers is now suspended indefinitely. attorney general eric holder is here meeting residents and hoping to ease tension. >> we want to help as best we can, and we also want to listen. >> meanwhile a new witness to the michael brown shooting comes forward telling cnn's anderson cooper what he saw. >> by the time i get outside he's already turned around and facing the officer. he's -- he had his armed under his stomach, and he was like halfway down, like he was going down and the officer let's out about three or four shots at him. >> the police pull up. y'all calling the police? >> this as another video surfaces showing the moments st. louis police shoot and kill 23-year-old kajimi powell tuesday. >> they have a gun out. >> shoot me.

shoot me. >> drop the knife. drop the knife. >> police had said he came at them with a knife after stealing from a convenience store. the incident -- >> we're at war with the police! >> further fueling controversy about excessive force here by police. >> that's all they want. they want -- that's all they want. >> you believe the cops want to shoot? >> that's what they doing. that's what you see. that's what we see and what we're waking up to. >> police chief some dodson saying the officers acted appropriately. couldn't you have done something else in this situation other than kill him? >> he brings up a very good point. what about why use bullets? why not use a stun gun. >> tasers aren't 100%, if that taser misses that subject continues on and hurts an offic officer. >> there's still a lot to be resolved in this situation in ferguson so let's bring in state

senator marie nidall. >> thank you so much. >> it will only be made better when change is made. you're in the change business so what do you do? >> i've been on the ground since day one. i saw a lot of people the first night when people were noticing all of the changes in the community, when they saw the killing, when they saw the body for four years of michael brown jr. and there was a lot of hurt and anger and what i've learned since i've been on the ground, just being with the people is that they have been harassed and they have been intimidated, not just in this situation, but for the majority of their lives. a lot of young people angry, and so what i wanted to do is be there for them and help redirect that anger to positive action, and that's what i'm in the process of doing. >> and then you're going to have the balance between what you can do in terms of changing police but also what the community needs to address for itself. i want to ask you about that,

but, first, i have seen you here. you've been here. that's true. not just wearing the pin. your governor has not been on the ground. a lot of you guys have not been on the ground. there's a vacuum of leadership, and i think that's one of the biggest distinctions between what we're seeing here in ferguson and what we've seen elsewhere around the country when this happens because ferguson is not alone. that's why we're here as national media. where are you guys? where are the leaders? >> i have to tell you that i, too, am very upset and disappointed in many of my colleagues because we have a group of people who have been ignored. they have been undereducated. they don't have jobs. they live in despair and we have to address those things, and so that's why i'm here because i want to listen to younger people. but the important thing is you have to understand the culture of these young people. we're just not like everyone else. we all have different personalities because of our culture, and so what i've tried to do is to listen to them, and

what i know from this is that they needed to get out some of these feelings, and so they see themselves as michael brown. any given situation, they are michael brown. wrong place, wrong time. they have the same experience and what i've found is many of these young people, not all of them, but many of them, they were willing to die. i literally have held back some of my constituents who wanted to incite police officers, and i had to tell them i don't want one more death, not one more death, and i literally have held them back, and i've held crying men who have just been in despair because they felt as though their first ament right was taken from them. they have children, mothers who are crying in my arms as well, so i've been wanting to hold them and let them know that we're here. antonio french, myself, to listen to them, but also redirect this energy so that this does not occur ever again.

>> situation with national media, state senator, impressive, important position, alderman, good to serve your community but we're not talking about the high rankers, no disrespect and i have seen you here and that's you doing your job and i respect that. the governor should have been walking around with the a.g., taking him everywhere here, i'm going to be on it. that's what you see, and i think the community reads that. they know who cares about them and who doesn't and everybody takes matters into their own hands when there's a vacuum of leadership. how much though based on what you just said do you have to put back on the community? if you do things to antagonize police, bad things will happen. >> yes, yes. >> if you do bad things when you protest and you loot, bad things will happen. >> yes. >> right now the police are taking a beating. is it fair? >> here's what i will tell you. they used excessive force at the very beginning. what i have learned in recent days is that a lot of the weaponry that was used has come from the 1033 program which our

governor actually supported and i'm learning about that. there is a program that we can give for terrorism purposes weaponry for local municipalities as well as counties, and the -- the tools that were used against us, and i was tear gassed twice, not once but twice last week, was used against my constituents and so that has not come to light yet. >> what's the problem, the equipment that they had or they needed to use it because of the behavior of the constituents? >> no, no. here's the problem. because of the looting two sundays ago, we were being blamed, peaceful protesters. we were many blamed for the looting. i'm not a liter, and the 150 children, young people that i was surrounded by when we were tear gassed for three hours monday before last, that was not because we did anything at all. if i felt uncomfortable i would have left earlier in the evening, but we were on a one-way street, one way in and one way out. >> you can't treat everybody the

same way. >> you cannot. that's what they did. they used excessive force and intimidation. since captain johnson has been on the ground, things are so much better, but i don't think they confused us with either being insurgents in iraq or the looters, and what we were doing was being peaceful, but i'll also tell you this. there's elements in the crowd of protesters, elements that were not -- for the majority were not from the state of missouri, and we had to get them out, so i'm very happy that police officers identified who those people were to get them out. >> with the help -- one of the untold stories, we've been trying to tell here on "new day," with the help of the community, leaders like yourself and just community leaders saying this guy is not from here. the police have been working with them, a very positive sign. here's what we know. >> johnson last night, captain johnson from the state police. he's in charge of this immediate

situation. no molotov cocktails, no tear gas, no shootings. that is not a standard for a good night in america and if that's the standard here the battle is over before it's even fought. leaders like yourself, talk to your governor, he's your guy, your party. >> i tried. >> if there's not change made and better communication, there will be no change. you're here on the ground. otherwise you're going to have problems. you've got people who are angry and police here to keep the peace. you're going to have problems. >> yes, that's correct. >> senator, thanks for being on the ground and thanks for telling people that they are trying to make a difference because they need to have it here. >> good to have you on the show. >> thanks. all right. where am i going? back to new york. back to you, kate. >> chris, thanks so much. back to you in just a second. let's turn to new developments in the aftermath of the horrible beheading of american james foley. a u.s. official says special ops units were sent into syria this summer to rescue him and other american hostages held by the

terrorists there, but clearly the mission failed. also, foley's former employer, "global post" is now telling the "wall street journal" that isis had demanded $130 million ransom and had warned his family by e-mail just a week ago that he would be killed. pentagon correspondent barbara starr is following all of the latest developments for us. barbara? >> reporter: good morning, kate. a secret u.s. mission into syria in this summer, several dozen commandos sent in to try to rescue james foley and other american hostages. they were sent in with the intelligence that the hostages were at a particular location, but when they got there the hostages were not there. where are we? was this an intelligence failure by the pentagon? they said they had information. was the information wrong? was the intelligence bad, or

it's a good thing that the u.s. commandos were not hurt, not killed. one was slightly wounded. >> it is barbaric, and it's drawing strong condemnation from every corner, including from president obama. white house correspondent michelle kosinski is following all of those developments.

you said it yesterday, u.s. will not stop. it's interesting how this information came out, too. obviously someone within the government felt that it was necessary for the public to know that this rescue operation had happened and when the president was here and giving this address, strong words against isis and vowing to keep fighting them. there was no mention of it. it was only later that the national security team put out a statement saying that the president authorized action at this time because it was a

national security team's assessment that these hostages were in danger with each passing day. unfortunately that mission was ultimately not successful because the hostages were not present. and the national security team wouldn't give any more detail, even on when it happened saying it's sufficient to say that it happened earlier this summer, and they said they had no intention of disclosing it. it was only when the press started to get wind of it that they say that they felt forced to acknowledge that this had happened. so in terms of a change of policy and how we react to these situations, not necessarily. even in terms of, you know, the question has come up with do we negotiate with terrorists? that's come up again and again. it's not as if anything is going to change here but keep in mind that when it is necessary or deemed necessary by the government, several times that we know of in the past, the u.s. has negotiated with terrorist groups, whether they are designated that way at the moment or not. we know that it has happened, and other countries have done

the same. there really seems to be, as always, a case-by-case assessment of what needs to be done at the time, kate. >> a horrible ending to this one case, that's for sure. michelle kosinski traveling with the president in martha's vineyard, thanks so much, michelle. we'll continue to follow that and christine romans is in for michaela this morning looking at our headlines. >> thank you. breaking news this morning, dr. kent braintreely, one of two americans infected with ebola will be released from an atlanta hospital today. he contracted the deadly virus while treating infected patients in lyszia. earlier this month paintly was flown to emory university hospital in an isolation jet. his colleague, nancy writebol, is still recovering in an isolation unit. the hospital is expected to make the announcement about her progress today. an israeli air strike overnight in gaza taking out three senior members of hamas' military wing, coming a day after hamas accused israel of trying to assassinate its military commander. prime minister benjamin

netanyahu vowed to press the offensive and stop rockets from being fired into israel. hamas is now warning all international airlines to avoid using tel aviv's ben gurion airport. the supreme court has put same-sex marriages on hold in virginia. the order came as the state was preparing to issue its first same-sex marriage licenses today. the federal appeals court struck down the state ban on gay marriage last month. several states with similar bans struck down the decision. the supreme court is expected to take up the issue in the next term in october. >> what is next? we'll follow that. let's go to our meteorologist intrapetersons keeping track of the latest forecast. please tell me it is looking better. >> depends on where you are. if you're in the midwest a threat for severe weather. a look at all of the showers affecting so much of the country today. the jet stream really far to the north. the problem is already in chicago. we're looking at 45-minute

delays heading out to chicago o'hare. minneapolis, des moines, indianapolis, chicago, and cincinnati all had threat for more of the heavier thunderstorms or stronger thunderstorms out there, even an isolated threat for tornadoes in those regions. watching that same kind of boundary making its way into the northeast bringing light scattered showers through the region. starting to look better by the second half your weekend so we'll see it taper off. the other stories, you're going down to the south or if you're already there, it is ugly. we're talking about not only all that moisture and the humid air, right. temperatures in the upper 90s. take a look at difference once i add that factor in. look how hot it is and it's still climbing as we go towards the weekend. dealing with excessive heat here. meanwhile, where you have the showers it feels nicer so 60s in boston today and new york city feeling like 77 degrees. definitely feeling a lot better in that region. want to point out we'll be watching a 50% chance for a development of a tropical storm as we go towards the next week. are we looking better, some of the models saying it could hit

the gulf and later models saying likely to curve out to sea, but it's way too early and i'll be watching it. >> curve out to sea, please. thank you so much. i know my opinion on this one. indra, thank you so much. we'll take another break. coming up next on "new day," a key witness account of the moments leading up to michael brown's death may be unraveling a bit. some are challenging it. chris spoke with this man's attorney. find out why he says his client's version hasn't changed at all. (daughter) i'm really tired. (vo) the transfers. well, that's kid number three. (vo) the co-pilots. all sitting... ...trusting... ...waiting... ...for a safe arrival. introducing the all-new subaru legacy. designed to help the driver in you... ...care for the passenger in them. the subaru legacy. it's not just a sedan. it's a subaru. help keep teeth clean and breath fresh. with beneful healthy smile snacks.

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welcome back to "new day." we're live in ferguson, missouri, where weeks of confrontations between police and protesters all but came to a halt overnight. that is the good news.

now, we also know that these demonstrations are stemming from the shooting dealt of an unarmed 18-year-old named michael brown. there is one person who had a very close look at the confrontation that ended brown's life because they were involved in it. his name is dorion johnson. he's 22 years old. his story is the key to the investigation. questions are coming out about his explanation. has his story stayed the same? what did he say? what did he tell police? is his story credible? there's one person who knows his story better than anybody else, and that is his attorney. we spoke with him and went through point by point what he says happened. this may be the first time you've heard it. here it is. the way he describes this. the officer says get out on the street. >> yes. >> they do not get out of the street. >> they do not. >> and he says something to the officer that the officer takes as some kind of disrespect. >> yes. >> backs up.

>> yes. >> when he backs up, then your client says that -- opens the door into them. >> he says what are you saying and attempts to try to get out of the car? >> and what happens when he gets out of the car? >> he's so close to them with the vehicle he can't get the door open. my client says he couldn't even get a foot out. >> michael brown doesn't do anything to the officer? >> not at that point. >> there is an altercation. >> there is arguing, cursing and an exchange. >> then what? >> the officer reaches out and grabs him by the throat. >> through the window. >> he grabs mike brown by the threat. >> who is like 6'3". >> 275. >> able to reach out of the window and grab him by the throat. >> briefly. >> is that believable to you that you can reach out and grab somebody that tall? >> i think he did it. >> and then what happened? >> why did you grab me by my throat and he starts moving away from him and holds on to the

shirt pulling him closer to the shirt. >> does mike brown hit the officer? >> mike has cigarellos in the store. >> the little cigars. >> he's still got them so he's trying to maneuver. of course, you know he's big so he's doing a pretty good job and finally maneuvering away and the officer says i'm going to shoot you and my client says he sees a gun and the next time, pow, and the gun goes off. >> never sees mike brown touch the officer? >> no. >> have you heard that the officer sustained injuries? >> i've heard now seven days later, yes, i have. >> the chief didn't say it at the earlier press conference. >> they said his face was red at one early press conference and then his eye was hurt and now his eye socket is all messed up. here we are seven days later they just now releasing that. we don't even have a police report. >> has your client changed his story in terms of what you're telling me right now versus saying i did see mike wrestling for the gun with the police officer? >> my client never said that.

>> all he does is hear the gunshot after a threat from the officer that he will shoot. >> yes. but they are at the car. mike is trying to get away from him. >> trying to get away. >> but you say your client never touches the officer in terms of hitting him. >> no. >> trying to get him off him. >> won tact but not aggressive assaultive contact. >> possibly. >> that's a fair statement? >> yes. >> and then they run. >> three cars stacked up behind this car. my client runs behind the first car and he gets down, okay? mike runs by and looks and says keep running, bro. so mike runs back. here comes the officer close behind. the officer doesn't see my client so he stands up and starts looking. he sees the officer shoot and fire some shots at mike. he's of the opinion that mike is hit with one of these shots. >> does he ever hear the officer say stop? >> no. >> never hears him say stop or i'll shoot. >> no. >> never says put your hands up?

>> no. >> did he ever see mike brown turn around and put his hands up? >> yes. >> my client did, yes. >> all right. what does he see, as mike brown moves past him, what did he see? >> the officer runs right behind him. >> then what? >> the officer fires, pow, pow, pow, pow, pow, and he says one of the shots hits mike because mike flinches, turns around with the hands up. the officer closer the gap and fires on him several more times. >> did the client ever say brown was shot in the back? >> yes, he did say that, so now the up a reports shows that he was sit six times. dr. baden also says that one was hit in the arm that could have been fired from the back. >> unclear about trajectory. >> that's right. >> but it may have been. >> that's right. >> okay. >> so he does certainly see him turn around. >> oh, absolutely, yes. >> and what happens when he turns around? >> the officer fires, continues to fire, pow, pow, pow, pow, pow. >> does mike brown move.

>> he falls forward flat on his face. >> does he charge? >> no. >> why do you think he gets shot in the top of the head? >> i think he get shot in the top of the head because he shot on the way down? >> your client's story has never changed? >> my client's story has not changed since the time he sat down with the fbi, the department of justice and the prosecutor's office seven days ago. >> did it change before that? >> no. >> in any way at all? >> well, it possibly could have. eyewitness testimony, you know, it varies, i mean, but people give an accurate account of what they saw. it may vary in some respect. >> if you take his story at face value, how unusual is it for an officer to use this much force in this kind of situation? >> the thing about this case with mike brown, mike is just the beginning of many other cases like this. these are not uncommon. >> you're saying shooting at a guy six times as he's running away and just turning you doesn't shock you. >> not in st. louis.

>> given the impact that this story has had on this community and everything going on here and the eyes that are on ferguson, do you believe that your client can be believed to be truthful about what happened that day. >> i believe six people sitting in a box obviousing my client's demeanor and speech and appearance and the way he articulates this case, i think he is credible. >> he was the mayor of st. louis from 1980 to 1987 so he understands the culture and situation here very well. a few things to keep in mind. the injury to the officer will be critical in assessing the credibility not just of the version of events that you just heard from mr. bosley but in terms of the justifiable nature of this situation, but it's not enough because this altercation doesn't end at the car so even if mike brown has punched the officer in the face and really hurt him, still makes a decision to get out of the car and

pursue. the idea at shooting at somebody who is running away six times will leave a lot of room for investigation of why that would have happened and could it have happened that way which takes you back to the credibility of this version of events. there's no question there's lots of witnesses. you've been hearing about them, and the officer is one. but this kid's story, this 22-year-old's story, will be critical. last thing to think about as we go to break, while bosley was telling me that story, we were surrounded by people. those storm clouds were coming in. just as he got to the point of mike brown being killed, literally the skies started to open up with lightning and rain, and it was a very bizarre moment for the people there because for many of them they had never heard the full account of what it was, and it was the first time they had to think about it and then the rains came. we're going to take a break here on "new day." when we come back much more out of ferguson, missouri. but, first, a new push to find and punish terrorists behind the murder of journalist james foley. we are learning now information about a secret information to

regulars cue the captured journalist and others that failed. why did it fail, and now will the military make another rescue attempt for another american who is still held captive? stay with us.

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hostilities between israel and hamas are back in full swing after peace talks collapsed. overnight an israeli air strike in gaza killed three senior hamas military leaders. israel says it's responding to a barrage of rocket fire. nearly 150 attacks over the last couple of days. meantime, tel aviv's bun gurion airport is at the center of a new hamas threat. cnn's john vause is live in tel aviv with much more on this. what do we know about this threat, john? >> reporter: well, kate, hamas said that international airlines should stop all takeoffs and landings here at ben gurion airport from 6:00 a.m. local time today. that was more than eight hours ago. the implication, of course, is that they would be targeted by those hamas rockets. the israeli military has told us that since that threat came into

effect, only one long range rocket has been fired from gaza towards ben gurion airport. it landed a few miles south of here in an open field, and so far today it seems pretty much business as usual. there's been one flight cancellation, reportedly out of security concerns. that was a royal jordanian flight from amman, but the rest of that airline's schedule appears to be operating as normal. so, too, the other international airlines here. they are taking off and landing as well. it does seem that hamas was hoping for a repeat of what happened last month when the faa banned or stopped u.s. carriers from landing here for a day and a half. that was after a rocket landed nearby. european carriers quickly followed with the americans. the israelis though pushed back very hard against that. they said that this airport is safe. even saw the new york mayor michael bloomberg flight here on an el al flight that. ban was lifted after 72 hours also, but it was seen as a bit of a blow to the israelis economically and symbolically.

hamas claimed that as a victory. so far today no victory for hamas. at least not one like that. >> all coming against the backdrop of peace talks happening in cairo that have completely collapsed at this point. john vause looking at us from tel aviv. thanks so much. let's take a look back home and it's money time, chief business correspondent christine romans. many hats you're wearing today what. are you taking a look at? >> saving for retirement and the key is actually saving. a study finds that most people spend more time researching which car to buy or researching where to go on vacation than they do planning for retirement. if that's you three things to do right now. get some professional advice. many companies provide free online investment tools as part of the 401(k) offerings. use them. others may provide free or discounted access to investment advisers. number two, research the fees. over the course of your life fees can suck as much as $200,000 from retirement savings, and don't fear risks. the younger you are the more

stocks you should have in your portfolio. subtract your age from the number 120. that means if you're 40 years old, 401(k) should roughly be about 80% stocks. talk to a professional about it first. >> i was doing the math right there. needed a calculator. >> more stocks. >> all right. christine, thanks so much. coming up next on "new day," back out to chris in ferguson, missouri, and also up next inside the rescue mission that failed to save james foley. we're going to break down what we know happened and what could the u.s. -- could the u.s. military attempt another rescue to save another american still held captive? so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates.

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demanded a ransom for foley of more than $130 million. let's talk about all of this with cnn counterterrorism analyst philip mudd, a former cia counterterrorism official. so, philip, what's your -- what do you make -- i've got a couple of questions obviously, many questions on the raid, but what do you make of this unsuccessful raid i? asked this question last hour. i want to get your take. do you think the intel was bad, or does this just happen? >> no. i think what happened was somebody sat there and said in the white house, at cia, at pentagon, look, this guy's life is at risk. the risk of an operation in that we lose american lives in an operation or that the captors kill him during the operation is extremely high. the intelligence might be wrong, the helicopter might go down. you might find more people with ak-47s and rocket-propelled grenades on the ground than expected. so many things that could go wrong in this operation, and i suspect people who are making the decision, the white house said, look, the risk that the

operation goes south is less than the risk that this guy will be killed, and that's probably based on intelligence saying that isis was going to do something to him. >> what then do you think is the impact or the fallout from the fact that this unsuccessful mission has come to light? we don't hear about this kind of stuff. >> you don't hear about it because, you know, obviously you're not going to tell the adversary what your options are when you are dealing with a situation like this. one of the fallouts i think is that isis is going to sit there and say, hey, we're nervous and spooked. what do we do with these other hostages? we talked about the other americans, up to 20 journalists being held by isis. the adversary that is isis is probably spooked. my guess the threat to journalists goes up in this situation, and if you're sitting in the white house and the cia and pentagon, you're sitting there saying we don't have very many options here. >> so you think it makes their job harder? >> i think it does, but what happens in this situation, i was there at the white house, sometimes the press office calls. they call down when i was at the cia and said, look, a newspaper

journalist or a media journalist at cnn has a story. they tell you the story. you say, look, that story is correct and unless we get out in front of the story, the media is going to own it. they are going to report some things that are incorrect, so you have a very difficult choice. you have the choice to say we're not going to respond to this story. we're not going to respond to this leak and the media runs with it, or you do what the pentagon and white house did and probably what i would have done which is to say we're going to roll with the story ourselves. >> and then what do you make then of this ransom that we're learning about that was requested, more than $130 million. we know that ransom requests and getting ransom is not unusual, especially when we're looking at an al qaeda operation. what do you think that this says about the isis operation? >> boy, this is a rough story. the americans don't pay ransoms. let me be blunt. the europeans do. there's a short-term gain obviously. the europeans have been successful in getting hostages out of places like africa by paying big money, but word gets around jihadist circles.

all these guys talk to each other, and obviously there's people coming from elsewhere in the middle east to join isis who are spreading the story, and the story is if you take a hostage and ask for a lot of money can you not only get a major intake of funds, but you can get enough money potentially to fund the entire organization. i suspect that people in isis realized based on the experience of extremists in africa and elsewhere that people will pay not realizing that the americans don't, so i think they made their demands based on a judgment that they could make not only a lot of money but enough money to finance the organization. >> the differing approaches sure don't help in this situation at all. i also want to get your take -- >> that's right. >> i also want to get your take on the fact that the united states at this point says that they don't know who this -- the captor was, the murderer in this video with james foley. he has a british accent. a couple of questions i have on this is how do we not know with all of the strengths of the national security apparatus of

the united states and our western allies, that we don't know who these folks are, but also raises the question, philip, of how much of a threat is radicalization if we're looking at potentially a british citizen here? >> boy, there's a good reason we don't know. there's 330 million americans, hundreds of millions of europeans. you can't stand at dulles airport, at jfk, at laguardia and sit there and say i can find every single person who is flying to turkey, who is flying to western europe, who ultimately in his mind has the intention to travel into syria. the volume of people when you looked at the numbers, and i looked at the numbers when i was at the fbi, is too high to find every single person out of the millions of people who are traveling to europe or the middle east every year who might go to syria. you've seen estimates of how many are in syria, 100, 200, we don't know because you just can't track in an open society the number of people traveling aboard overseas who say there's tours. an answer to your second

question. the amount of extremism that you're seeing in europe as a result of the unrest in syria and iraq is extremely high. you think we've got a problem in the united states. when i used to deal with my european colleagues before the iraq problem that we've seen surge in the past couple of months, they sat on an amount of threat in european cities in western europe and the uk that was easily in the uk ten times as high as we sat on in new york and chicago and los angeles and miami. the reason is there are pockets of radicalization in cities in western europe that's more than we see in american cities, and obviously the access to the war zone is a lot easier geographically from a place like london than it is in a place like new york or chicago. they have a tremendous problem in europe, and as isis grows, the problem in europe is only going to grow. >> that's a terrifying thought and really brings to light the fact that it makes the question of what should president obama do, what should u.s. policy be? >> yeah. >> makes it even that much more

difficult. always good to have have you. appreciate it so much. >> thank you. a turn to bleacher report and get a check on your sports news. andy has more for us this morning. >> good morning, kate. little league world series in its final stretch and so far 13-year-old mo'ne davis, she's been the talk of williamsport, pennsylvania. she even landed on this week's "sports illustrated" cover, but, you know, as we know that's not always a good thing because of the dreaded "s.i." curse. a huge crowd was on hand last night to watch mo'ne pitch in a semifinals game. early on, she was just mowing batters down. mo'ne struck out six in 2 1/3, but in the end the big bats from las vegas were just too good. they got the win, 3-1, to advance to the championship game. mo'ne and her team from filly will now play chicago in an elimination game tonight. tony stewart will not race in this weekend's nascar event in tennessee. it's the third straight stuart r stewart has skipped since his

car struck and killed kevin ward jr. during a dirt track race earlier this month. the head of stewart racing team says he's grieving and isn't yet ready to get back in the car. finally, here's some great news to start your morning w.hall of fame quarterback jim kelly is cancer-free. kelly underwent several rounds of chemotherapy and radiation in the spring for sinus cancer, and following a screening on tuesday doctors found no evidence of remaining cancer. and kate, you know, the kelly family, have been very public about jim's battle with cancer, an inspiration to a lot of people and just great to see positive news for him this week. >> absolutely. understatement to say the least. happy news for them and good news. i love that mo'ne davis, who doesn't. everybody here, the entire crew, andy scholes, what did you say, bruce, she is awesome and that's about all you can say. thanks, andy. >> all right. >> see you later. coming up next on "new day," attorney general eric holder speaks to community leaders in ferguson saying he understands racial tensions because he's

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i'm sick of unarmed black men being shot by police. i'm sick of the lawlessness on the streets. i think everybody's just tired of when are we going to get through with this kind of thing? >> who, who isn't? welcome back to "new day." that was massachusetts grn over deval patrick saying the obvious, reacting to racial tensions in missouri, a reflection of things that happened many places in the country. his comments came as attorney general eric holder visited with ferguson community leaders. he promises a fair investigation into michael brown's shooting death. he also took the opportunity to discuss his own experiences as a black man who has been racially profiled, he says. so what will holder's impact be on the case, and what will it do for ferguson just to know that he's here? we're going to break it down

with cnn "crossfire" host van jones. it's not my question that was in the teleprompter. my question, it's quieting down. let's hope it sustains and wasn't just the weather last night. that's good for the people, bad for politicians, because they are what will decide whether or not change happens and things get better. deval patrick is supposed to be finding a solution. the governor here in missouri, one of yours, is supposed to be finding a solution. he hasn't even been here in any real way. >> sure. >> where is the leadership? that's what creates change. >> frankly, i think the leadership is coming from the younger generation of people, we've shown them marching, we haven't shown them meeting. they've been discussing and planning on many of the young leaders that have been very concerned about the direction not just here in ferguson but around the country, say listen, there are real solutions here. number one, how about having cameras on the cop cars and making sure that when police do their work it is being monitored

properly. >> found the money to get the fancy military stuff, where is your camera. >> yes, where is your camera. an issue we haven't talked about enough, if you're going to increase the military power of the police, you have to increase the oversight. any human system that doesn't have adequate checks and balances will tend to get out of hand, that's why we have meat inspectors and building inspectors. not because you don't trust butchers or don't like construction workers, it's because any human system has to have checks and balances. if you have this much more power, you have to have oversight. that's why holder being here was so important. the top law enforcement in the country is here saying we're going to meet this moment with more aggressive oversight. i think that was important. i don't think that's why things have calmed down. i think it was a natural ebb and flow to this. frankly that storm last night scared a lot of people home but the question going forward is simply this. if they want change in ferguson, i said this to the young people directly you got to vote. people say we can't wait until

october for the results of this grand jury. listen, you have to think about november and the results of the elections. that's not been fully thought through. >> can you tell them to vote for your governor in the state right now? >> right now i tell them to vote for themselves. they need to come up with some candidates. >> being a politician and he haent hasn't even been here. >> holder was here and we to walk a tight rope. >> it's good that he came, probably not going to be able to make a case, just like trayvon martin, it's not his fault, it's high bar. this is local police that's a local issue, local government but ultimately the state is the top of the food chain here >> true, let me say one thing that holder can do, frankly that "usa today" came out with an editorial saying he did not do a good job, nobody talked about, this holder did not do a good job in new york, when he was working for the u.s. attorney there, overseeing these kind of cases so people who are just expecting holder to fix it all or afraid holder will come in and hurt the cops basically we

have no idea what holder is going to do. what we do know is this, when you have a situation like this, the governor, he is the guy who should be here. holder had a tight rope to walk. >> right. >> there was a concern that there was a racial bias at the local level for the cop. there was a concern if holder came in, guns blazing, there would be a racial bias against the cop. holder played it down the middle, he met with the cops and family and i think he got out of here without causing the administration harm but now it's the governor's turn. >> if there's no change and outward manifestations of change we'll have new policies, a community review board, we'll go over the training procedures. >> absolutely. >> if those things aren't in place, it's all this. >> yes. >> and all they do, now you're just adding to the list of people they have who have failed them. >> and that is very, very, very dangerous, as you well know. you have a young generation now that is on the bubble. african-americans, latinos across the country who this

summer this was a horrible summer. they saw street violence in chicago, this he saw police violence from other places. they say wait a minute, is america on my side? am i a part of this country or not? when they start to march, that's an opportunity for the governor to come sit down, talk with them, say we welcome your input. some of you guys were doing bad stuff, the vast majority want this community to be better, needing some healing. we have not seen any counselors. the governor should be sending counselors, should be sending people to help with the healing process, if you have a school shooting, you flood the zone with counselors. you had now a whole community they've been tear gassed, they've seen police aiming weapons at them, even though they weren't firing, that's traumatic. the governor needs to be here holding hands. if holder can come here in washington, d.c., i think the governor can get down here too. >> it always comes down to leadership in situations like this. you can't depend upon the weather to create peace. you can't have a captain of the state police saying no molotov

cocktails no, tear gas, no shootings tonight, success. that can't be the bar. can't give them a pass, man. >> i'm not giving nixon a pass and not giving holder a pass either. i'm glad he was here. he played it down the middle but when you look at holder's record on prosecuting this stuff all the way back through his career you see no evidence that holder is actually delivered the goods when it comes to putting handcuffs on police and having them face a jury of their peers. i think the community has to stay vigilant but be fair. we have not gotten to the end of any investigation here. what we have are bad facts that alarm people and we had very low cooperation from the police getting the facts out. that aremember laed people. we have to move through the process holder has been talking about but holder needs to be held accountable and so does governor nixon. >> let's take a break on "new day." when we come back there's more to tell you about a in ferguson about what's going on here. accountability, leadership, who's in charge here? the governor. who who's in charge where we're standing, the mayor. the mayor of ferguson.

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peaceful protests throughout the evening with only minor incidents, just hours after attorney general eric holder tries to calm community leaders. >> people know that a federal, thorough investigation is being done. >> reporter: and one night after this. now that officer removed from duty. new questions. another police shooting surface. does this new video challenge the police version of events? plus new details on the dramatic raid to try to free american james foley from isis militants. how close did u.s. special operations get? this as more american troops are now heading into baghdad. >> when people harm americans anywhere, we do what's necessary to see that justice is done. >> reporter: what is their mission? your "new day" continues right now.

welcome to "new day." it is thursday, august 21st. we are live in ferguson, missouri, where a heated situation has started to cool off literally, this huge lightning storm made it a little bit easier to keep things quiet and calm here. protests stayed mostly peaceful overnight, kate. >> meantime attorney general eric holder met with the ferguson community, promising a fair and thorough investigation into michael brown's shooting. >> he also met with michael brown's parents. think about this, it's been 12 days since their son was killed. this was the if, time wednesday that they got to see his body. the autopsies, the investigation, all of that made this their first opportunity. despite six arrests last night, there is certainly a reduction in the tension between protesters and police, at least on the street. overnight in ferguson, the first real hint of calm.

>> we are! >> mike brown! >> reporter: since michael brown was shot and killed ten days ago. >> you can often tell how the night is going by the radio traffic and tonight the radios were mostly quiet. >> reporter: one brief confrontation when demonstrators and supporters of officer darren wilson collide. a different scene from the night before, this video showing an angry st. ann plir pointing his gun at the crowd. >> my hands are up. hands are up. >> i'll [ bleep ] kill you, get back, get back. >> you're going to kill him. what's your name, sir? [ bleep ]. >> reporter: a st. louis county police sergeant steps in to defuse the situation, forcing the officer to lower his weapon. >> put that [ bleep ] gun down. >> reporter: the officer

suspended indefinitely. attorney general eric holder is here hoping to ease tension. >> we want to help as best we can and want to listen. >> reporter: a new witness to the michael brown shooting comes forward telling cnn's anderson cooper what he saw. >> by the time he gets outside he's already turned around, facing the officer. he's balled have his arms under his stomach halfway down like he's going down and the officer lets out about three or four shots from him. >> the policeman pull up. >> reporter: this as another video surfaces showing the moments st. louis police shoot and kill 23-year-old kajimi powell tuesday. >> he got a gun out. >> get your hands out of your pocket! >> shoot me! shoot me! >> drop the gun. >> oh [ bleep ], [ bleep ]. >> drop the knife! >> reporter: police said he came

at them with a knife after stealing from the convenience store. >> we at war with the police. >> reporter: fueling controversy about excessive force here by the police. >> that's all they want. that's all they want. >> reporter: do you believe the cops want to shoot? >> that's what they're doing. that's what you see. that's what we see. that's what we're waking up to. >> reporter: st. louis police chief sam dobson said the officers acted appropriately. could you have done something else in the situation other than kill him? >> brings up a very good point. what about why use bullets, why not use a stun gun? >> tasers aren't 100%. if the taser misses the subject continues on and hurts an officer. >> reporter: let's get some reaction to the latest developments with darrel parks, he is an attorney for michael brown's family. counselor, good to have you with us this morning. >> good morning. >> reporter: let's get to what really matters most of the family i am sure, 12 days they haven't been able to see their son. they got that opportunity. how were they after?

>> it's tough. i mean, you can't describe the feeling of knowing that your son was murdered execution style in his final days and it's just a tough situation for them to know that his final shot came to the apex of his head, when this officer did not have to shoot him. >> and for them now obviously, the focus is on why it happened, what happens coming out of that situation. they got to meet with the attorney general of the united states. what did that do for them? what was the message? >> well, they actually met with his representatives as early as last week, chris, last thursday, and very clear they said they were going to do a thorough investigation. the family obviously indicated that they trusted the justice department in the investigation that they were going to do and have all the confidence that a thorough investigation will take place whether st. louis county does it or not but the justice department definitely would. >> oversight will be helpful,

assuming that the investigation stays with the local prosecutor and his grand jury and moves through the system that way. nobody wants to see justice done more than the brown family, and it will come down to leadership. do they have confidence in the prosecution? do they have confidence in the leadership here that there will be changes in this community and justice in this case? >> well, they have very little confidence in the current prosecutor. however, with he do have some level of confidence in the governor of missouri. you know, although he didn't put it out there publicly, chris, he did finally state in the last two days that he had met with the family that took place last friday. we found him to be very sincere in his approach, when he prayed with the family in this case. i think he has to be very careful in his role, though, in that there is an investigation taking place, there is a prosecution taking place. it is excessive issue as it relates to the human side he

expresses condolences on the 6.5 million people in the state of missouri. i want to clarify the gchb hove has been in the area, almost every day, flying from jefferson city back to missouri. now, he hasn't always made that very public, but i'm very aware of some of the meetings he's had behind the scenes, some of the things that he's done. for example, we have to remember before he took action, the state highway patrol in missouri was not involved in this situation. that was his executive action. also, the national guard, he took action when the activities elevated, he was the one that called the national guard. now we didn't quite agree with the curfew issue but he thought it necessary to put the executive order in place as it relates to the curfew. the toughest decision that was made here, though, the decision to put the highway patrol in charge of a local scene in lieu of an existing police department, in lieu of an existing county police is a very, very sensitive issue for a sitting state executive to go against the county and the city,

local law enforcement and to supplant your own law enforcement agency in that place. that's probably the toughest decision that's been made thus far in this situation. >> counselor, you represent the brown family. the governor represents them and all the people of this state. the challenge to what you're saying about what he's been doing here is that he hasn't been here. politics is appearances. leadership is often about appearances. if you want to keep a situation quiet, be there, show support. you're not there when you call in the national guard. you're telling people to be calm but you're not there to help enhance calm. that's a part of the job, and i'm glad to hear that behind the scenes he's doing things that you think are important but don't you think that in trying to calm down this situation, if you're going to lead, you got to lead from the front. you have to be there, don't you? >> well, i think you do, and he'll have to speak for himself in terms of the public perception of that, but i want to at least let it be known that the things i was aware of behind

the scenes taking place and are in action with his office what he's done locally with his representatives to try to address some of the needs from an investigation standpoint and as it relates to any needs this family might need from the state of missouri, at this time. >> that's good. because you know what happens? as this temper starts to drop, whether it's because of the weather or just fatigue or people have to get back to school and start living their lives again and the energy gets out of the outrage, where will the change come from, counselor, the change that your clients want? it's not going to come from the media. it's not going to come from you, you know? they'll have the investigation, maybe there will be a trial, maybe not. then what? if you don't want there to be another situation of abuse, there has to be changes. who is going to make it? where are the leaders? >> well, i'll say this, i agree with you. i think we have a systemic problem in this area. my dad actually lives in the city of pine lawn, which is close to ferguson, and so some of the issues that you see as i talked with my local friends who

are elected officials there in the st. louis metropolitan area, you see a very serious issue that goes, mike brown is the beginning of it, but the issues go to education, economics and socially in the metropolitan area. they obviously have a long way to go in that community. mike brown will be the evidence that started the change in st. louis county that we pray but first and foremost this family wants to see this officer arrested. i think we continue to see evidence pile on every day. i mean the witness that we saw last night on "ac 360" it's very powerful. on his testimony alone this officer should be arrested. i mean, it was clear what he saw that this kid was trying to give up yet this officer continued to shoot him. it's important he talked about how mike was down on the ground giving in and succumbing to the officer because the last shots that we see are very consistent with that testimony. >> and what do you make of the information about the officer

being injured? even if you give -- do you believe it, and even if everything that they say about an injury, the worst possible injury possible, would that change your analysis of the situation? >> not at all, because even if you take the altercation that happened at the car and the best version for the officer, nothing justifies the threat is completely gone when those kids get ready to start running away from the officer. there's no threat to him at that point. he begins shooting at that time, on that alone is an excessive use of force and he should be find guilty of a civil rights violation in the department of justice's inquiry, and so we see clearly right there that action alone shooting while the kids are fleeing with their backs turned to him with no apparent threat to him clearly shows that at a minimum, violates the civil rights of those two kids. >> an obviously the key is

keeping energy and interest to the process to keep it legit bhat. grand juries take time, even with the best of intentions so there's a long bhatle in front of us, no question about that. mr. parks, thank you for your perspective and the information about the family and the case. appreciate it as always. >> thank you so much. >> kate, to you? >> thanks so much. let's turn to the shocking revelations coming to light about an attempt to save james foley before he was viciously executed by isis militants. u.s. official says special ops unit were sent into syria earlier this summer but the mission was clearly not successful and now we're learning isis militants demanded a ransom, according to "the wall street journal." foley's captors wanted more than $130 million from his former employer, "global post" and his family. "global post" also says isis warned foley's family by e-mail last week that he would be killed. pentagon correspondent barbara starr has been following all of

these developments for us and there are a lot of them. good morning, barbara. >> good morning, kate. was the intelligence bad from the beginning that sent those u.s. commandos in to syria? did isis even know it was american troops they got into a firefight with? these are some of the questions we never thought we'd even be asking. u.s. special forces launched a daring raid earlier this summer inside syria to try to rescue james foley and other americans being held by isis. dozens of the most elite u.s. commandos from units like delta force and s.e.a.l. team 6 went in by helicopters, fighter jets and surveillance aircraft provided overhead protection. the u.s. will not disclose the location, but when they arrived, the hostages were not there. several isis operatives were killed, one american slightly injured. the white house says it demonstrates the u.s. will spare no effort to secure the safety

of americans and hold their captors accountable. before the operation was revealed, president obama vowed to be relentless in the face of foley's killing at the hands of isis. >> when people harm americans anywhere, we do what's necessary to see that justice is done. >> reporter: british and u.s. as well intelligence experts analyzing every frame of the video for clues about the murder, especially the british accent of the killer. foley's parents calling for peace. >> jim would never want us to hate or be bitter. we are just very proud of jimmy. >> reporter: so far, isis has not made attacking the west a major priority, but now the killing of foley said to be direct retaliation for u.s. air strikes in iraq, air strikes which are continuing around mosul dam to push isis back. u.s. nerves running high.

the state department asking for up to 300 additional u.s. troops for unspecific security reasons in baghdad. the intelligence community worried about what will happen next. >> it's not clear whether the leadership will now pivot towards attacking the west. there's a lot of concern they could. >> and i don't think that you can emphasize it too much here at this point, sending u.s. commandos in to syria. it just doesn't get more dangerous than that. kate? >> absolutely right, barbara starr at the pentagon, thank you so much. going to take another break. coming up next on "new day," more of our continuing coverage from ferguson, missouri. chris, you can see right there, speaks with the mayor of the town, about why he thinks law enforcement and the community are so at odds. how can the town heal now? [announcer] play close-good and close.

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we are live here in ferguson, missouri, about 7:20 local time, 8:20 in the east. overnight there were these massive storms, lightning storms, spectacular, that literally cooled off the situation in ferguson between police and protesters. demonstrations have consumed this town for the better part of two weeks, since michael brown was shot and killed by police. this is going to come down to leadership and accountability, if things are going to change. we spoke with the mayor of ferguson, his name is james

knowles. we want to know what he's going to do to bring his community back. mr. mayor, appreciate you doing the interview. >> you're withelcome. >> tell us where we are. looks like a campaign headquarters here but your name is not on the sign. it says "i love ferguson." >> right, people are here to support the whole community and you know, right when this began, there were some people that thought you know, with he should go out there and counter protest. >> is it too soon for something like that? you're still trying to figure out what the problem is here. is it too soon to say there is no problem? >> well this isn't about saying there is no problem. this is about saying that we support our community. the national media is saying that we're this divided community, that we're divided among socioeconomic lines, we're divided among racial lines and so we wanted everybody here wanted to make sure that people realized that we are not divided per se, we are united. >> it is okay for the citizens to want to own their idea of

what ferguson is for themselves. it's different for you, as the mayor, though, to come across aas tone deaf to the complaints of the community. >> sure. >> you're concerned sitting here with an "i love ferguson" sign when they say ferguson doesn't love me, you come off as tone deaf. >> that's the perception we're trying to fight. we're trying to show so many of the people protesting are not from ferguson. sure, there are people in the community who are concerned, maybe about what happened to mr. brown. everybody in the community wants justice, but we're not -- i think this group of people here are showing that they're not wanting to try to tear our community apart over it. >> your message is we are not just our problems. i get it. but in saying that, should you also be more forward in admitting and acknowledging those problems as the mayor? >> well, absolutely. day one before you guys, national media showed up, i said

it to the local media. this was not, this is not started in ferguson. the concerns about law enforcement and the relationship with the african-american community or with young african-americans, that's a nationwide issue. that's been, that's been talked about all across the country. >> it's bigger than ferguson. >> right. b >> but that doesn't mean it's not happening in ferguson. it doesn't mean you don't have a problem with how a certain portion of the african-american community sees its relationship with police. >> part of the problem has been and it's a regional problem in st. louis is keeping people in housing, affordable housing that's good housing, they can stay in, put down roots, become part of the community. it's one of the reasons why the school districts around the north county region have suffered because people bounce from house to house and they bounce from school district to school district. it's a problem we've been dealing with at the schools and now we're dealing with this problem as it relates to their relationship to government. >> 50 white police officers, three black.

>> um-hum. >> does that ratio have to get better do you think if you're dealing with a population that is mostly black? >> right, that's one of the things that the other mayors and i spoke about. how do we get young african-americans to want to do, have a career in law enforcement? that's tough, especially as you mentioned, and i contend it's a nationwide issue, where there are a lot of young people who don't have trust in law enforcement. if you don't trust them are you going to go into law enforcement? >> the police, when you look at how they handled this situation since it happened, leaving the body there for a long time, the information about the robbery, the video, withholding the officer's name. you know the list of things that have been criticized. should they have handled it better? >> i wish we could have handled it differently. certain things we were required to do. if we hadn't called st. louis county police in from the start to do the investigation, which we did, we'd have been criticized for covering up. we had to leave the crime scene, you know, for lack of a better term, intact. >> not covering the body?

>> that was the confusing part. the body was covered for a while and so it wasn't covered -- it was uncovered for a while and there was a lot of pictures of that. >> that's right. >> as soon as they got an ambulance there they covered it for a while and put up the screens. it was left out there for a while, and that in and of itself is just, you know -- >> horrifying. you mean he. >> i'm sorry, you're right, the body, the gentleman. >> they should have made an arrest right away, filed a complaint, done the probable cause hearing, had a judge, had it be public? >> i don't know how that -- i honestly don't know how that works. he is an officer, the officer that had this unfortunate incident, he was performing his duty as a law enforcement officer. now, you can call into question whether or not he was outside the bounds of the duty of his office. was he, did he act with -- >> excessive force? >> -- excessive force? but that's in question. the officer is always in a position to use force. if you and i are in a scuffle and i'm performing my duty as a

police officer and in the course of doing so i have to use force of any kind, whether it physical or otherwise, if we were normal people, it's assault. if i'm a police officer, i'm doing my job. >> um-hum. >> but i think we have to get the evidence, get the information and let, allow due process. i this i this officer needs to be afforded that as well. >> and a big part of that process in terms of making things better in ferguson going forward will be that police culture and the mayor says he's working with other mayors in the state to try to find a way to attract african-american officers and keep them so that they can be part of the community policing here. one thing is for sure, it's going to take leadership to make a difference and he is right, ferguson is a great place when you cover a story, you get to know the people there. there are good people here and everybody wants the situation to get better. coming up on "new day," there's going to be more out of this situation of what's going on down here in the streets and with the leaders who are supposed to be doing their job, the investigation specifically. there is a new witness who says

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time now for the five things to know about your new day. number one a sense of calm returns to ferguson. the latest protests were peaceful with a few minor disturbances. attorney general eric holder promised michael brown's parents a thorough investigation. the american doctor infected with ebola will be released from atlanta's emory university hospital today. kent brantly contracted the virus treating infected patients in liberia. a major revelation in the wake of isis' barbarric killing of james foley. u.s. special ops went into syria this summer to rescue him and other american hostages but were not successful. three senior hamas military leaders reportedly killed in the latest israeli eyre strike in gaza.

it comes as hamas warns airlines flying into or out of tel avivs airport. virginia was supposed to start issuing same-sex marriage licensed today but the court has delayed that. go to newdaycnn.com for the latest. coming up next more on the michael brown shooting death investigation, a new eyewitness has come forward, what impact will now what seems like conflicting accounts have on the investigation? [ man ] cortana, when my wife calls remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait

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welcome back to "new day."

we are in ferguson, missouri. the grand jury has started to hear evidence in the michael brown shooting case and that's a big moment for this community. the question is what will it yield? in the investigation there is a new eyewitness. he stepped forward and adding his account to what the jurors will get to dissect in the coming months. here's what michael brady told anderson cooper about what he saw in a critical moment when brown was shot by officer darren wilson. >> by the time i gets outside, he's already turned around, facing the officer. he's balled, he has his arms under his stomach and he was like half way down, like he was going down and the officer lets out about three or four shots at him. >> and remember, it may sound obvious, of course it's the critical moment that's what happened as this kid got killed. it comes down to the moment the

officer shoots and why. that will be the focus of justification. let's bring in some attorneys who know what they're talking about, mel robbins, and midwin charles, criminal defense attorney. it's good to have both of you with us. when you're looking at the story, midwin i'll start with you. when you're looking at the story about credibility and now you have the new witness, do you see consistency of story coming out and what does it tell you? >> you do see consistency, especially when you take it and put it together with the autopsy report that was recently released by dr. michael baden, who was a doctor hired by the brown family, and also as well as the autopsy that was done by the federal government. the federal government said that the autopsy was similar to the one that dr. baden did. in other words, there were six bullets, two of which were to the head, one to the top of the head, which would indicate that michael brown was bending down, and so this police officer is going to have to account, chris, for each and every bullet that

went into michael brown's body. so in other words, if he feared for his life, if that fear was reasonable, why not stop shooting after the first shot? so i think that this witness account is very, very helpful in the sense where it is consistent at least with the autopsy report and the positioning, the trajectory of the bullets. >> mel robbins, other side? >> yes, you know, it may be consistent with the final shots, but it doesn't tell us what is most important, chris. even the accounts that kind of disagree, all kind of converge and agree on some of the same facts, that there was some kind of altercation in and around the officer's patrol car, that there was a shot that went off inside the car, that the kids or the teenagers then took off running and that the officer ran after them. there's also witnesses that say that there were then shots fired as the teenagers were running. the critical thing in this case

is what happens when michael brown turns around. are his hands up or are his hands down and is he bum-rushing the officer as some witnesses have said. and so unbelievably, chris, this case, i think, is going to come down to a matter of seconds, seconds of whether or not his hands were up or whether or not he was rushing toward those officers, and for the purpose of the grand jury, you know this, chris, they're only looking at probable cause. so if there's a conflict, if there's conflicting witnesses on that account, they could kick it to a trial, or they could say we don't have enough to indict. >> okay. i agree with you that the critical moment will be when the shots are fired, but as midwin starts with this analysis, everything matters because it goes to credibility. i want to you hear what the witness said to anderson in a very critical point about credibility. listen to this. >> had there been a shot when

there was still that tussle in the police car? >> i didn't hear the shot. i didn't hear the shot. quite a few people that was around said they heard a shot go off in the car. >> the important thing is what you heard. >> right. >> you did not hear it? >> right, i definitely didn't hear that. >> midwin, now why does that matter for credibility? i would suggest and i want your take on it, because the main witness, the kid dorian, who was there with michael brown, 22 years old, a kid to me, he says that there was a shot, the shot was the precipitating thing. it wasn't about what mike brown was doing to the officer. this was this shot. this witness says no shot. what does that mean in terms of credibility to you? >> this witness says he didn't hear a shot. chris, one of the things that we have to remember here is we're going to get testimony or we're going to get witness accounts of what happened that day, but we're also going to have to match that up with forensics. i'm sure that this car is going to be analyzed and determine whether or not a shot went off

in the car or not, and you have to ask yourself, if this police officer had his gun hollistered when he was sitting in the car, how could somebody reach in and take it off of him while he was in the car? so yes, credibility matters, but there's more than one witness. attorney general eric holder said that the fbi has interviewed over 100 different people that have accounts on what happened that day, so i think it's difficult for us to sort of try to piece together what happened, because we don't have all the information. right now, we have perhaps accounts from two different witnesses, but there are so many others, and when you take that along with autopsy report, you take that along with forensics, then you get the case. as mel suggested we're looking for probable cause which is a low threshold. what is the likelihood this person committed the crime and what is the likelihood this is the person? that's what probable cause is and i think you have enough here, what we've seen, six bullets will get you there. >> right, but remember, just one

tweak on that. probable cause is it what is the likelihood that a crime was committed on the basis of what i'm telling you right now in this grand jury. >> of course. >> that's why credibility is very important. let me ask you this, mel. there's a lot of drama around whether or not the officer was hit in the face. why would that matter? >> right. >> and why would it not matter? >> well, it matters, if it did happen, it matters because now you've got a scenario where presumably michael brown has assaulted a police officer. also, i want to point out something that i haven't heard anybody talking about, dorian johnson said that the officer reached out of the car and grabbed michael brown by the neck. michael brown is about 6'2". how does somebody sitting in a patrol car reach up and grab a neck that is about six feet high? it's impossible. and so i think -- >> mel robbins? >> yes. >> i will stop you and here's

why. i just asked that to dorian's lawyer. you don't watch my interviews. you don't even watch the show and going to take my point. you don't get to do it and i'll return it to midwin. here's why. i want to you answer this because it's going to be fundamental. mel's making the right point. that goes to credibility also. how can you reach out and grab a 6'3" man by the in ek? is that reasonable? do we believe it happened? it goes to credibility. at the end of the day do you think you can defend this case if it goes to trial as the lawyer for the officer when it comes down to shooting six times at someone who is unarmed, if you can show that they charged you? how hard is this of a case to beat? >> it's a type of case that relies on the perception of darren wilson. so if darren wilson felt that he was reasonably about to be hurt by michael brown, if he feels as though he was about to perhaps be killed by michael brown, then of course his attorneys are going to argue that, and so this is when the forensics come into

play and start to sort of put together that case that makes it relevant at least from the defense perspective. but one of the hardest things that i think that darren wilson's attorney is going to have to do here is account for each and every bullet. in other words, if you felt reasonable fear after bullet one, okay, you have bullet two. what about bullet three, bullet four, what about bullet five and then the final shot that dr. baden and attorney crump had said is the possible kill shot, is the shot to the head. why the need for that sixth shot? what happened after bullet five that made you feel you were still in reasonable fear for your life? and i think that's going to be one of the harder things for the defense to do. >> midwin, mel, thank you for helping us understand something that seems simple but has a lot of layers to it. i appreciate you. >> thanks. >> thanks, chris. coming up on "new day," new details about the failed mission to rescue americans held by

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gruesome beheading was videotaped and posted online this week. now there are reports that isis had demanded a ransom for tolly of more than $130 million. so what is to become of the other americans in isis' hands? how should the united states respond? we bring in congressman ada adam shippe, a democrat from california. were you made aware of the intelligence committee of this mission beforehand? >> i was not, but our committee leadership, our chairman ranking member were made aware and it was important and appropriate that our leadership be notified of this particularly because americans were put at risk in the rescue effort but i'm glad the president had undertaken it, even if unsuccessful. we have to use every means at our disposal to try to rescue americans who are held hostage. i'm glad we made the effort and congratulate the courage of those who participated.

>> how should -- there are more americans that are being held hostage, that was made very clear even on the gruesome video. how should the president respond now? what do you want to see the president respond to such a brutal act in such a direct threat of more violence? >> i think the president needs to continue what he is doing, which is providing targeted air strikes that support the kurds working with the iraqi special forces to help them with both material and intelligence to take the fight to isis. at the same time, i think we have to be very careful, kate, not to allow ourselves to be sucked in to another military occupation in iraq, and it's a very difficult and slippery slope. we've already seen the mission expand but i think that keeping our focus on those limited objectives at this point is very important, as well as building an international coalition to dry up the funding for isis, to work with our international partners to contain and

ultimately defeat this scourge, because it's going to have to be an international effort. i think one other point, kate, that the actions the administration undertook to pressure maliki to step down, to be replaced by someone who can appeal to the sunni tribes and peel them away from isis is also of vital importance. i think we need to continue with this, intensify our military and materiel support and also make sure we are constantly vigilant or mission creep. >> i have heard your concern of mission creep before. i wonder, though, if this brutal execution, what has come to light, this attempt to rescue them, this failed attempt to rescue james foley and others, and this threat coming from isis, that has now been made painfully clear if people were not aware of the threat before, if this has changed your opinion, though, of u.s. policy over there toward how to deal with isis. >> it hasn't changed my view on it. >> why not? >> well, i think we had to know that when we get involved with

air strikes, that isis is going to strike back at us in any way they can. certainly with anybody they hold, but also they're going to try to attack us on the homeland. but the fact is, they're going to try to do that anyway and we have to confront that reality, but we shouldn't allow this horrible act to provoke us into doing things that are counterproductive. there's nothing that isis would like more than having us reintroduce ground troops in iraq for example. so we have to be careful not to let this, the horror of this act provoke us to doing things that don't make sense for us to do and that's very difficult, but i think it's extraordinarily important we keep our focus on what we can achieve. if you look at afghanistan, we have thousands and thousands of troops, that massive military presence has not been sufficient to resolve the conflict there. the political dimension is incredibly important, and that's why i think the most significant event over the last few weeks has been the change in government in baghdad, and we

need to make sure that that continues, and that those other, the kurds and the sunnis are brought into that governing coalition. >> the president yesterday called isis a cancer, we said we need to confront when hateful acts happen we will confront them and they will be brought to judgment. he didn't say how the united states is prepared to make that happen. i mean, i want to get your response, though, to that, because i wonder, what more could the president do that you would support? because you have other, some of your colleagues like senator john mccain and senator lindsey graham, they supported the rescue mission attempt for james foley but then said this, "we must go beyond half measures, tactical responses and defensive actions. we need to develop a comprehensive strategy, political, economic and military, to if on the offensive against isis both in iraq and syria." why not, congressman? >> well, i agree with that, that we need a comprehensive strategy but too often the comprehensive

strategies for senators graham and mccain has been either sending in boots on the ground or striking first and thinking thereafter. if we had gone in and become the iraqi air force as i think they were advocating, maliki may still very much be in charge in iraq. >> on some level, have we got become that? i mean, the air strikes have been hugely successful. there were 14 of them yesterday. >> oh, they have very successful, but no, we have not become their air force. if it we had, we'd be doing a lot more that the iraqis have been begging us to do. frankly our air strikes are not ultimately going to be a substitute for peeling away the sunni tribes and we can't do that through the air. there were some very effective things we can to throudo throug air. we need to be mindful they'll become less effective over time as isis responds to our air campaign and we are not going to win through the air and we have to recognize that and make sure the iraqis recognize that. >> let me ask you about this. the pentagon we now hear from our pentagon correspondent

barbara starr the pentagon is considering sending up to 300 more u.s. troops to baghdad. they say for security purposes of u.s. personnel. you say you've got many concerns about mission creep. is this mission creep? should the president come to congress first before approving 300 additional troops to iraq? >> if the state department says they need it to protect our better than knell in baghdad that's a difficult request to refuse particularly after benghazi. i think the troop numbers are going to happen and i think if that's what's necessary to protect our people it should happen. the more personnel you have there the more personnel you need to guard the personnel there, the more logistics you need. there is always that challenge in terms of congressional role and congressional approval, i think that we need to sit down with the administration, and reexamine the authorization to use force that's currently in effect. it doesn't apply to this conflict. we need to have a heart-to-heart, so we are on the same page with the executive. it is important that the

president, the congress, and the american people will all be in this together, and i think we are not at the point yet where congress is ready to act, but we need to. we need to not advocate our responsibility here. >> and that coordination between congress and the executive branch has been one big criticism that that has not been happening enough. congressman -- >> well it's certainly justified. >> congressman adam schiff, thank you for your time. always good to have you on. coming up next on the show, more from ferguson, missouri, how will attorney general eric holder's visit affect the michael brown shooting death investigation, and the community going forward? so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... one-seventy-five a month. good calculating kyle. good job kyle.

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thanks for joining us, as always. let's get you over to "newsroom" with carol costello. >> kate, thanks so much. "newsroom" starts now. -- captions by vitac -- www.vitac.com good morning, i'm carol costello. thank you so much for joining me. we begin in missouri, where for the first time since unarmed teenager michael brown was shot and killed, protests remained relatively peaceful in the streets of ferguson. overnight, the familiar sounds of tear gas and chanting crowds replaced by the blare of a summerti