you are looking at some of the things thrown into the police car to start it. you guys are telling me to wrap it up. wrapping it up. that's what is going on. >> we are going to get back to you in a moment. sarah doing a great job out there. want sarah and jays on to be safe as well. hello. top of the hour. breaking news on cnn. i'm don lemon live in ferguson, missouri. it is 11:00 p.m. on the east coast. 10:00 p.m. here inferringst fer in ferguson. appropriate te protests after the grand jury did not indict officer wilson in the shooting death of michael brown. this is cnn tonight. i'm don lemon. live in ferguson, missouri. again, you are watching some unrest play out here on the streets of ferguson. what you are looking at. live pictures of a police cruiser in front of city hall. torched by protesters. police moved in quickly to put it out. jason carol out on the streets

as well as cnn's chris cuomo. first, chris cuomo in the crowd. get to jason after that. what's going on? >> you can see right now. you have the heavy duty police cruisers coming by us. right now. emptied the fire station. in a large attachment of officers. a degreesen cruisers went by. protesters left mere 15 minutes ago. and found a target of opportunity. in the less guarded part of the city. where jason carol is, that's where they're attacking, took down one of the police cars, making a lot of trouble there right now. understanding how they're trying to deal with that situation. the national guard is going to stay put. you see that. a chance for them to stand down. almost all the other police officers that were here, have now moved to that other location. and, and this is what they expected to night, don. which is there would be a change of tactics where you have paem who are looking to agitate the situation. find targets of opportunity.

they have found them around the corner from you. >> chris. as you speak, i need you to put that mike as close to your mouth as possible. i am having a little difficulty hearing you there. we'll get back to chris cuomo in the crowd. get to cnn's jason carol. you are right there as they torch the police car. how close are you now? what is going on? the cruiser they set upon is right here. in front of city hall as you mention. much more aggressive police response that we saw tonight. versus last night. as soon as, police came in. and saw that people were here. they moved in quickly. dispersed the crowd. got the crowd back you. can see what they're doing now. moving in armored vehicles. they move into the area. where you have a small number of protesters in, more, riot gear, now moving in behind us.

coming into the area here. as they disperse the crowd. and surround the cruiser. so, much more of an aggressive police response that well are seeing here tonight, don. versus what we saw last night when we were out here as you know. police had a much more measured response in terms of dealing with the crowd. much quicker tonight. they came in. surrounded the cruiser. protesters set upon. >> jason. i want to ask you something. people were talking to you. of course we don't want profanity or expletives on television if we can avoid them. what's the sentiment. what were the men saying to you, the protesters? >> they were angry. i don't want to give them the publicity to be honest. it is really. people, certain people have an agenda separate from what some of the protesters who are peaceful who are coming out here trying to demonstrate. on behalf of michael brown's family. those people that came up to us

that was not their agenda. not worth giving them publicity. far more important to focus on what is happening out here, those who are passion that about michael brown's family. and darren wilson and his belief. in terms of the police response, that's what we are dealing with here. right now. trying to get a handle on the situation. again, earlier tonight, it was a different tone. much more peaceful than what we had seen. the previous night. a smaller group tonight. by and large. most of the people who came out here tonight were peaceful. a smaller group. broke off in front of the police department. came up the street tried to overturn the police cruiser. police came in. stopped. tried to set it on fire. once again, don. much more aggressive response that we saw. quicker response tonight. to try to make sure they didn't see a repeat. >> so, jason.

my question was really. these are, wondering if these are people who want their voices to be heard. or if these are people agitators. you are right. if it is you don't want to give them publicity. there are many people who want their voices heard. those, those guys are not those people. correct? >> absolutely. that is correct. >> absolutely. those are the kind of people. as you know, you get a mixed bag in the groups of demonstrators. but most of the people who are out here are out here because -- they want to voice their support for michael brown and his family. those who came up to us, those were not those people. they had a different agenda. that's why i feel it is not worth getting into what their agenda was. not important. what's important. people out here. in support of michael brown. or those, sitting at home and support the officer darren wilson. what the community will grapple with going forward. bring those two camps together with a backdrop of dealing with

things like we are looking at right now. >> jason. as we are looking at this. who are the members that have are around the police cruiser. those are members of the police department. these aren't national guard members, are they? >> these are not national guard. you have got -- well, actually, you have more activity here. we look down the street here the you have got another small group of protesters who, who are trying to -- >> seeing smoke, jason from. >> from our vantage point here. >> we are going to move in. try to get a vantage point in terms of what is happening. i know you know what this is like, don. you try to navigate through, as safely as you can. once again. you -- [ indiscernible ] >> well are seeing smoke. not sure what the smoke is, if

it is just sort of, flashes. warning flashes. if it is -- tear gas. we don't know what is going on. from our vantage point. we are able to look at aerial pictures. not sure how close you are to it. if you can tell us what it is, jason. >> yes, we can see it right here. we are here in the parking lot. across from where you saw that cruiser. does not smell like tear gas. we know what that smells look from last night. but once again, it has just ben a sort of tense standoff. group of protesters broken off from where we were in front of the ferguson police department. they're dealing with them. as best they can. whenever they, small group breaks off. tries to cause destruction. you then get a group of the officers who come over and meet them head on. so that's what we have been, watching, witnessing for the past, just 20 minutes or so. as we watch and see how this situation continues to develop. >> jason again, we are seeing a

lot of, officers in, in riot gear. on the left of our screen. then on the right of our screen, describing what the viewers at home are seeing. an area shot. very smoky aerial shot. then of course. you there to the left. go ahead, jason. >> yeah, what we have got is, we have got members of the missouri state police. who are in riot gear. who are moving into the area now. moving the crowd back. we are in that crowd. so they're moving us back as well. holding on to my photographer. that's why the picture looks a little jumpy. i want to make sure that he doesn't lose his footing here as we are moving through the crowd. so we are just moving slowly back through the crowd. listening to their commands. they want us to move back. we are moving back. they want to keep us in the area. we are staying in the area. again they're doing the best they can to try to manage the crowd. this group of demonstrators,

breaking off. some of them trying to -- cause destruction as best they can. the officers who are out, out here doing the best that they can. to try to stop that from happening. steve, are you all right? okay. don? jason carol in the crowd. looking at live pictures. from ferguson, missouri. a police cruiser set on fire. appears to be some unrest there. members of the national guard. brought in members of the national guard to help control the crowds. the mayor of ferguson not happy with the response last night. saying his city was on fire. wondering where the national guard members were to protect his city. we have a number of people out in the crowd. jason carol, sarah sidner, chris quo moechlt happening in new york city. looking at pictures of ferguson,

missouri. a large protest happening in the city going up and down, the city, starting on the fdr. highway, through times square, 7th avenue. miguel mar quez is in the crowd in new york city. miguel, the froes has been peaceful in ferguson. not so peaceful now. the ones in new york city wondering if they're still peaceful? >> they are peaceful here. very, very determined, don. people chanting for justice on the streets. we are now moving on the west side. we have been, the central city. we have been south. we have been east. now all the way on the west side of manhattan. it appeared they wanted to move on to the west side highway. want to block that. police had blocked the entry way on to it. now they are moving up towards harlem.

and a very strong message. and they have been chanting for justice. not only for mike brown in ferguson. but also for individuals here in new york. there are two -- two high profile -- [ indiscernible ] >> we are having a bit of trouble, hearing you, miguel. stand by. having a bit of trouble hearing you. want to got to daniel jose older, protester in boston. he joins us now by phone. again try to get miguel back. having technical difficulties. daniel, are you there? dan, are you with us from boston? daniel, are you with us from boston? technical difficulties with daniel. we are hearing 1,000 protesters in boston. one of them again. >> i'm in. can you hear me.

hello. >> daniel. 1,000 protesters there. what's going on? >> right now. peaceful march. we are about 700. i can see people. as far as ahead of me. people are peaceful. people are angry. people are fed up. in indictment. justice. people are being peaceful right now. when did this or rally march start, jose. and how, how long has it been going on. >> i tell you, it has probably been at least, 2 1/2 if not three hours. i got here late the i have been here an hour and a half. people are outside the -- the correctional facility when i arrived. and -- i would say it was about 1,000 or more strong. it has been going on for a minute. spontaneously moved on to mass

avenue. and kept going. protesters taking over the street. done it peacefully. a beautiful thing to see. it started with a few and it has grown into this crowd, jose. pretty much moved spontaneously. people have signs. there is no one person organizing any one thing. people are moving across the street. and the police blockade. and turning on to another street. and coming up on the center. and everybody has signs up. no one has -- been hurt that i can see. a few arrests earlier. i can't confirm that for you. >> all right. daniel jose older. one of the protesters in the crowd. in boston. again, you are looking at live pictures from boston. live pictures from new york

city. protest going on. and also covering protests here in ferguson, missouri. where there has been some unrest here in ferguson, missouri. these protests going on all over the country. these are live pictures now this evening that you are looking at in new york city. this its the henry hudson parkway. henry hudson parkway. now closed in new york city as you can see protesters have made their way on to the henry hudson. and -- and have shut it down. again, this information just coming into cnn. we are witnessing all of the protests all across the country. little technical difficulty hearing miguel. miguel is out in the crowd. miguel, can you hear us now? >> i can. if you can hear me? >> i can. go ahead. fantastic. on the west side highway. a complete detour for these protesters. this is the northbound lane of

the west side highway. that is the southbound lane. they have moved into both lanes. and now, a second major thoroughfare here in new york. you can see them climbing up along the top of that freeway. this was unexpected. they were marching along the riverside drive. and then went through a couple of fences on to the riverside freeway here. west side highway. blocking yet another -- major, major roadway here. making the point in very clear fashion that, that it is the people who control the streets. the law enforcement they're tired of. a lot of these individuals have been on the march all night long. into hour five or six at this point. if the looked like it was starting to thin out. it may be, 600, 700, 800 people

at the moment. when the weather crossed the park. as many as 1 t n,000. people are starting to stop. other protesters are starting to catch up. coming behind us. they can continue their march. as you can see off to the right here. lots and lots of police walking alongside. basically just making sure that they stay safe. and traffic doesn't get out of control. at this point. not making any effort to stop the marchers or any of this from happening. where the marchers go and how long. and just how long before there is an issue. we don't know. miguel. careful out there. we will get become to miguel as he marches, along with the crowd. along with the protesters there. and these pictures courtesy of affiliate, wcbs. live pictures that are playing out in new york city. unbelievable, what's happening, really all across the country. as we look at the pictures.

i want to bring in now. reverend charles ewing. michael brown's great uncle. reverend ewing, wondering what you are thinking as this unfolds? >> don, we, the family, we encourage peaceful protests. but we do not encourage violence. violence is not the answer. destruction of people's personal businesses or properties, we do not endorse that. it is very unnecessary. and it is not proving a pin toit all. >> it is not proving a point. i am wondering, listen, as i am sitting here talking to van jones. we have been discussing it, we are looking at this. we spend a lot of time with the police cruiser that had been torched in ferguson. and the -- a few knuckleheads as van jones says. knocked out coverage of all of the peaceful protests. that have been happening across

the country. so, let's focus on the, on the positive side here. when you are looking at the people who are lawfully protesting. this has to be encouraging for your family. >> yes, don, it is very much encouraging. also, i would lack to add, in the city of ferguson, our chief apostle, of the churches of god and christ, has declared a three day prayer and fasting for the church for peace throughout the nation as well as they have dispatched clergy earlier tonight. in the city of ferguson, led by my jurisdictional bishop, lawrence m. wooten, one of the general board members. we are prayerfully in support of the peace demonstrations. and the city of ferguson as well as throughout the nation. peace is the answer. people can prove a point by

peaceably protesting. but nonviolence we do not endorse. we cannot afford to see our nation destroyed and people's personal properties destroyed. where they worked so very hard to build up the businesses and to destruct them is not good. but as far as the protesters across the nation. yes, i do encourage that. and we the family appreciate those people -- coming together to protest on behalf of the decision that was made not indicting the officer there in wilson. we are very devastated by the results. and we are not unhappy with it. but we believe that god will bring things to light. >> reverend ewing. i don't mean to cut you off. unfortunately, very limited time here. thank you for joining us.

reverend charles ewing is michael brown's great uncle joining us here on cnn. quickly before break, van jones, want to say, that people have been asking me, and ask you, we want to hear more from the protesters, hear more from the protesters? you look at the pictures here, ferguson, mississippi. many times the protesters would yell and scream. they deon't want to come on camera. >> how many times you would invite someone over, get them on, and the camera, they would run away. you are seeing a generation on knife's edge between violence/nonviolence. i hope the tug-of-war wins out. so sad to see those beautiful kids out there doing it the right way. all it took is one group. knucklehead. to knock them off the air. >> person we are talking about. the reason we brought it up. jason carol. back out there, now. live to him. jason, try to get people to talk, not all want to talk. many just want to, upset.

vent. jason carol on the streets. what's going on now where you are? just heard an announcement from st. louis county police. told those that still out here if they continue to remain here they will be arrested. at that point. members of the police department moved across the street. started making arrests. started to tell the people here it is time to go. if you do not go you will be arrested. so the crud h -- so the crowd has started to disperse. at this point. started to take tension out of the situation, still a tense situation. not as bad as before. don, once again moving in. telling the crowd if you do not leave you will be arrested. waiting for the announcement. to see what happens next. at that point, protesters, demonstrators, don't know if you can tell, moved up into a small hill, up there not far from

where we are now. here comes the announcement again. >> you need to return to your vehicles and we need to leave this area now. >> there you heard the announcement again. >> the north side and far south side. or you will be subject to arrest. >> that announcement coming there. see from the vehicle there. shining his light. >> -- we need to leave. >> warning to the media to leave the scene as well as those from the general public. so, we're monitoring the situation. we are going to stay here as long as we possibly can, safely, without getting arested. just to bring you what we have from here. don? >> jason, remember the summer when -- when the protesters were ordered to keep moving. that you couldn't stand in one place. then of course the judge said that was unconstitutional. the protesters now, would imagine they're being told to stay off the sidewalks. they're being allowed to move and, but to stay, as long as they're on the sidewalks.

correct. >> no. started out. stay on the sidewalk. then the announcement came. you have got to go. can't stay on the sidewalk. they called it an unlawful assembly. time to go become to your vehicles. and go home. the announcement came not only for ferguson residents but for the media as well here. here its the announcement again -- >> leave or you will be subject to arrest. >> refusal to leave, you will be subject to arrest. >> i remember what you said. i remember that point. when you were allowed to walk in a circle. the area on west, or the officers said if you stand on the sidewalk. you can stay, you can protest a you can't stay on the sidewalk. if you are in the area you have

got to go. >> all right. our jason carol on the streets of ferguson, missouri. protesters now, media. officers are saying you have to disperse. no protesters out on the streets. if you are on the street. you are going to be arrested. that is in ferguson, missouri. as the we look at these pictures in new york city now. you can see that protesters are still out on the streets of new york city. we are going to go back now to ferguson. and ed, edit looks like some one has been tear gassed. ed, are you there? >> -- subject to arrest. >> he was being treated here. officers continue to move around. this particular location. trying to get these -- the remnants to disperse from this area. in the same location. where jason carol is. they are trying to get a lot of people to move on home at this

point. >> -- or you are subject to arrest. go. >> you can see that is how they're kind of, laying out the situation here for people. don, you heard that, that directly from the officers. talking to one particular gentleman. who is not leaving the area. they're kind of getting these folks to disperse. back in the various parts of the neighborhood. what made the situation a lot more dangerous and a lot more fearful for a lot of these officers was that this was a situation where -- situation where they were going into the neighborhoods. or threatening to go into the city hall here. just, it is inside the, inside the neighborhood. and that's what -- i think -- made the situation a lot more nerve-racking for the officers, they went into the situation. started leaving the police department area and were making their way through the neighborhood. that's when the more serious confrontation here took place a

short while ago, don. >> all right. ed, on the streets of ferguson, missouri. on the streets of ferguson, missouri. police are ordering protesters off the streets. they're subject to arrest. we are following the froess hpr here and in cities across the country the we are back with "breaking news" on the other side of a quick break. more. the savory spice of the chili pairs perfectly with the black bean hummus and the fresh crunch of napa cabbage blend in our southwestern chicken flatbread. and it all comes together in a you pick two made just for you. only at panera bread.

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>> i'm don lemon. in ferguson. pictures, out of los angeles. this is from our affiliate. kabc, protesters are gathering there as well as in cities all over the country. in boston. new york city. here in ferguson, missouri. i think it is appropriate that e we speak to our next guest as we look at pictures of los angeles. tension and unrest in ferguson. remind people of the violence in los angeles two decade age in the the rodney king case. joining me now. i wonder, shawn, as you look

back on, 1982, 1992, when this happened. you look at what happened with the grand jury here and of course acquittal of the officers in the rodney king trial. is this, does this, is this reminiscent of anything to you. what are similarities here? >> you know, the more things change. the more they, they stay the same. one of the things that you may remember from the, riots in los angeles. was, florence and normandy, really the center of it all. you may remember reginald denney was a truck driver. pulled from his truck and beaten there on television. and there were no police officers at all anywhere around there. because -- i think they were just too much fear about going in there and enflaming the situation any further. ultimately, at the time i was a public defender. i want to johnnie cochran's office from there. we represented reginald denney in a lawsuit that actually proved to be unsuccessful. but the issue there was whether or not he should have been protected.

and he was not. because the police would not come into that area because it was so volatile. so, you know it is very interesting seeing how the police make the decision as but huh how to handle these sorts of volatile situations. makes sense to goen ein or sta back. >> the acquittal of o.j. simpson as well. and the grand jury here. and how many people depending on ethnicity saw different outcomes here. what do you make of that? >> well, you know it is, it is a similar issue. i was talking about this recently. people are so angry about the o.j. simpson verdict. some one was asking me weren't we happy about the fact we had so many african-american jurors. it's not just they were african-american. it's that their experiences with the police were different than experiences of say santa monica jury that reached a different verdict in the civil trial. so, you know, there is a

similarity obviously in that african-americans, people of color, have different experiences with the police. and that led to this sort of anger and disapin tpointment an frustration we are seeing tonight. and conversely the jubilation that we saw in the criminal verdict in the simpson trial. >> president obama said today that some of the unrest that you are seeing across the country rooted in the feeling that the laws are not enforced uniformly and fairly in american reality. do you agree with that? >> i do agree with that. it's interesting, i mean, for the grand jury to have been approached in the way that it was in this case. so at odds with the way grand juries are approached in every other in stance. there would be no recommendation made. it is very easy to understand why african-americans, people of color, feel as if they're not getting the same brand of justice that others receive.

>> shawn, as an attorney, do you think that there are too many laws protecting police officers? it's not that there atoo many laws protecting police officers. it is difficult to prosecute police officers. prosecutors work hand in hand with police officers the difficult for them to turn against the witnesses they rely upon in most of their prosecutions. i think people are willing to give officers the benefit of the doubt in many communities. but in a situation like this, where we are in an african-american community, a white officer, obviously we feel that sense of injustice. and that's what we have been seeing for the past two nights. >> speaking to shawn holley, attorney that represented o.j. simpson, talking about simpson acquittal, and rd knodney king

acquittal of officers in the king beating. back then you didn't have social media? i wonder if that makes a difference if you look at protests being organized across the country. most people came out. watching broadcasts, cable television. social media add a different, a different facet to it. >> it does. though i remember very clearly, the riots in the rodney king trial. i was a public defender. working downtown. we gathered around the television. as a public defender. represented so many people treated unfairly by the police. nobody ever believed it. one of the things that changed everything of course is cell phone cameras, video cameras. no one ever believed those things happened to our clients. when the rodney king case happened. all captured on video. now finally people see what happened. there will be a different outcome. when there was not, i remember

driving home on the 10 eeway, cuts across los angeles. and watching fires break out on either side of that freeway. though there was no social media. there really was just this, this outbreak of violence across the city. again, sparked by the same sorts of things we are seeing now. and i think really what's most important is just the cameras that we are able to see. so more more than we were able to see. many, many years ago. >> thank you, shawn holley, appreciate you joining us. >> thank you. >> you are very welcome. >> ferguson, missouri. los angeles, kabc. what we are hearing from los angeles. an officer confirming to cnn protesters have arrived. outside the los angeles police department headquarters. they say that the protesters are demonstrating peacefully. number of police officers are present at the scene. and that's all the information there. again, peaceful protests in los

angeles. mostly peaceful protests in new york city. some unrest inferri ferguson, missouri. you saw our reporter, ed, sarah, jason, out on the scene. jason and ed reporting to us that, police officers in ferguson, missouri are saying that you must get off the street or subject to arrest. pictures now from dallas, texas, as well. this is wfaa, our affiliate, i-35 in dallas. shut down by protesters there. again, we are going to follow the protests coast to coast. when we come back, the latest on all the protest as cross the country. i'm don lemon. the "breaking news" on the other side of this break.

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>> welcome back to our breaking news here on cnn. looking at live pictures in ferguson, missouri. protesters have been told to get off the streets or they will be subject to arrest. watching protests coast to coast after the grand jury decided not to indict officer darren wilson. let's talk wis ththis with alex host of "judge alex" and a commentator will join us, david

clinger, former police officer in l.a., redmond, washington author of "into the kill." and jeffrey warda of the st. louis police officers association. thank you all, gentlemen, for joining us tonight. jeffrey, looking at pictures now. this is los angeles. we saw what happened in ferguson, missouri a member of the association, what do you make of the protests this evening? >> listen, it's good news they're telling them to get off the streets. it's safe for the protesters. safe for the police officers. safe for the national guardmen. i, i didn't have any problem with them breaking up the protests when, when they get violent like this. and, lives are in the balance. >> uh-huh. what about the right to protest? david, many of those, say this is our right. to be here on the streets. you can't order us off the streets. >> absolutely have a right to protest peacefully. but you cannot go beyond the bound. police have an on li g

investigation investigation -- on li gbligati. looking out for first amendment rights. protecting people and property. that's policing. >> mark lamont hill. >> i am disappointed protests have been shut down. there has to be space for people to protest and have their voice heard. part of the problem since jed many of the people have felt the governor and the state have acteden bad faith. last night i was on south florisant, within 15 minutes of the announcement, people were blocking the street. not allowing people to march. whine asked the officer -- when you hear gunshots you have to respond. by shutting down the protest, people started to chant. it fomented the very thing they were trying to prevent. i am excited by the way protests around the country. back in new york. protests here, l.a., very exciting to see people having

their voices heard. >> judge alex, you are a former police officer as well as a judge. you see, talk to us about the legal angle and what it is look to deal with situations like this as a police officer. you heard what jeffrey said. he said he is glad actually they shut protests down here in ferguson because he thinks it is a threat to safety. >> well, in situations like he described where you have gunshots, if you are a police officer you are in a situation where you are kind of damned if you do, damned if you don't. don't try to block off the area. during one riots in mime my. i worked blocking a street, there was sniper fire in the area. the marcher, protesters go marching through and end up getting shot. there will be lawsuits about police not protecting the citizens. if you block the street off. you get the protesters angry about the fact that you are interfering. not an easy situation for any police officer.

weave saw la we saw last night. if you've waill allow me, don. i was in mime ami, in the riots police were told to sit back and let them cold down. that was the worst advice any one could give. the rioting took a life of its own. just destroyed building after building, home after home. and after that, i am surprised it was aloud to happen now. after that, it was pretty much accepted in the law enforcement community you don't have a cooling off period. a cooling off period allows people to heat up even more. if there is rioting, looters, go in there. take them out. let peaceful protesters continue. that's what should have been done. >> yeah. jeffrey take us behind the scenes as to what is happening now with police and their strategy. what's going on? >> well, just to go back real quickly. to the judge's point. there is a, there is a balancing test. clearly the balance that we have

seen tips the scales. and these, these peace officers are there to keep the peace. aptly named. they can't do that in the midst of this bedlam. >> uh-huh. >> so again, take us behind the scenes, what happens with police? what are, commanders saying? what's brass saying? are they, they're giving the men on the street the command? >> right these are not decisions being made by guys on the front lines. decisions coming from higher up. and you know, i think they're sound decisions. xh xhane xhaerndz on the ground there watching have perspective we don't have. >> gentlemen, thank you very much. stand by. our breaking news in ferguson, missouri. across the country. protests happening. most peaceful. we have seen some unrest here in ferguson, missouri. not nearly to the level that we saw last night. again another police cruiser, torched. set on fire. police moved in very quickly. put it out.

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don lemon live in ferguson. on the streets of ferguson tonight, looking act the live pictures. you can see, politician out intact cal gein there, officers mingling among the protesters there. we'll get you to the streets of ferguson in a moment. i want to continue on with our panel now to discuss this. back with me now. judge alex, mark lamont hill, david clinger, jeffrey gorda, and van jones with us in a little bit. he will be with us a little later on. what is your book again? "into the kill zone." talk about ordering protesters to disperse. mark lamont hill, you don't

think they should be ordered to disperse even in light of violence and unrest occurring tonight. not nearly what we saw last night. >> absolutely. much of the unrest is, has changed. it shifted to peaceful oppose to violent unrest. protesters need space to do this. the governor created the environment, creating a state of emergency. he tried to redress that, by saying protesters will have space to march, walk down the street. drive down road. said all that. within 15 minutes they began shut it down. it was a bad faith move i think angered protesters made them feel frustrated. everything about this created the environment they wanted to prevent. you don't make an announcement at 8:00 p.m. if you didn't want violence. don't have nontransparent, if you didn't want violence. don't punish the bulk of people disciplined and organized for 109 days.

>> mark, mark, stand by. as we look at the picture in ferguson. it appears, there was an arrest. looked like some one tried to, or, or not exactly sure if they tried to rush one of the police officers. to the right of your screen. where the flashlight is that you are looking at. there was someone put on the ground by police officers. it appears they're being cuffed. not sure what is going on. i am not, obviously not out there. we are seeing it all unfold now. wondering as you are looking at this. this is what the cops are up against. this is what the protesters, they're wanting to exercise their right. >> big distinction between exercising your right to speech, and some crazy stuff going on last night. i am going to disagree with mark. he is making an argument it is the governor's fault, the district attorney's fault, the justice system's fault. no, we have a core group of

people here who decided what they want to do is riot. they want to shoot guns. they want to endanger people. and burn people's businesses down and torch car lots. that is unacceptable. in the face of that of course the police, the national guard, of course the sheriff and highway patrol have to come in with a, a posture of strength to protect people. this is my community. this is jeff's community. and it's unacceptable for people, either from our community, from the outside to come in and riot. and the police have an obligation to protect, while at the same time, trying to create that space. but the people who are denying the protesters the safe space the, not the authorities. it is knuckle heads to use van jones' terms to create problems and felonies need to be arrested need to be prosecuted. >> here is my issue. a disingenuous gesture the police are doing. if you look, and today, they blocked off peaceful protesters to ensure all property and

businesses would be protected. i left, went to west, and black owned businesses in the area being torched. there weren't fire trucks. weren't police officers stopping it. if police officers were concerned with stopping unrest they would have equal representation in both places. they were careful about which property they protected, which people's lives they defended an which lives were vulnerable blowing in the wind >> i can't speak to that. i wasn't there. i am unaware of that if that happen that was wrong. the police obviously have to protect everybody's property. everybody's rights. if there is discriminatory policing that's wrong. but the point is that what the police should have done. should have moved vigorously protect the black owned businesses. moved vigorously to protect the black lives in danger. my point when people cross the line. when authorities need to come in. need to arrest people. people need to be prosecuted. >> judge, quickly. can you referee this between the attorney, and between --

>> you want me to rule. no problem. actually. i agree with both. but the first amendment is a very powerful amendment. but at the end of the day, if the state has to take action, if the police have to take action to protect individuals, or property, then it has to give way to that. now, of course they have to do the, the least restrictive action they can. but, some times that can be shutting it down. >> mark has won me over. i actually now blame the fire department for the fires last night. they're overmilitarized response. wearing helmets. protective gear. i understand the fire trucks as as in the army. this is ludicrous we blame the police for the actions of the mob. >> get to the break. thank you all. back with our breaking news in just moments.

big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. 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.

>> it is midnight on the east coast, 11:00 p.m. in ferguson, missouri. our breaks news tonight, protests from coast to coast one

night after the grand jury decided not to indict officer darren wilson in the shooting death of michael brown. this is cnn tonight. i'm don lemon. we are live in ferguson, missouri. cnn's reporters are on the scene of protests all over this country. joining us first now is paul in los angeles. paul? >> well, don, i am right outside los angeles police department it is. >> protesters are often times nose to nose with officers. "hands up don't shoot" is what they're saying. there hasn't been any shoving or violence here. again, this is a protest that startedes