human error. >> jake, the discretion. officer seems to be the biggest concern for these cameras. and how do you discipline one if one decides to turn it off before a confrontation, a situation where it should have been turned on? >> fascinating stuff. cristina alesci, thank you so much. i now turn you over to wolf blitzer in "the situation room." wolf? happening now, fresh protests getting under way across the country over the grand jury decision in the new york police chokehold case as the mayor of new york announces some sweeping action. >> the policing community has to change. the way we go about policing has to change. >> i'll speak live with the new york governor, andrew cuomo. we're learning new details of the officer who put eric garner in that chokehold, including two lawsuits stemming from his police work.

what will happen to him now? grand jury details, newly released documents involving what went on inside the room. do they explain why the panel decided not to indict? i'm wolf blitzer. you're in "the situation room." we're following the breaking news. new protests in cities across the united states over the latest case raising troubling questions about police, the communities they serve and the criminal justice system in the united states. with ferguson fresh on everyone's mind, the case of eric garner is drawing heightened scrutiny after a grand jury declined to charge the police officer daniel pantaleo who put garner in a chokehold moments before he died. now we're hearing from garner's children. they are horrified the way he died. >> i felt like he treated him like an animal. my father was not an animal.

even though he was 350 pounds and 6'6", he wasn't an animal. he was a big teddy bear. he was loved by everybody that he came in contact with. and then the resistance of arrest that they told us about -- i don't see no resistance. >> hands up. >> hands up. >> they put him on the ground, they pushed his face into the ground. i mean, what more do these secret grand jury need to really indict him? >> we're covering all angles of the breaking news with our correspondents, our guest including the new york governor andrew cuomo and senator rand paul. joe, what do you see? >> reporter: the district attorney in staten island went to court seeking to release information about what the grand jury actually heard. the judge appears to have only granted part of the d.a.'s request. here's what the court agreed to.

it's grand jury by the numbers. the am of time the grand jury heard the case, which is nine weeks. the number of witnesses, which were heard, which is 50. the number of civilians who testified, that's 22. there were 60 exhibits, including the exhibits entered into evidence. this is call for change after the decision not to indict officer daniel pantaleo. we heard from the mayor who said there will be retraining of the entire police force on how to handle the public. we heard from the police commissioner who commended officers for restraint during last night's demonstrations. we heard from the president of the united states who talked a lot about americans who see a disconnect between the country's ideals and the way justice is handed out. we also heard from attorney

general eric holder who has ordered a federal investigation into the case here in new york city. now, all in all, i think it's also important to say everybody agrees there is a problem that needs to be dealt with. the city of new york is bracing for yet another demonstration tonight with police on high alert. all has been peaceful, at least so far. back to you. >> are they getting ready for these demonstrations? are police extending their shifts because the protests sprang up throughout manhattan and elsewhere. >> reporter: right. police have been on high alert throughout. they have been very cordial. the police commissioner has commanded them for handling the situation under difficult circumstances because, as you know, what police are dealing with are demonstrations that have to deal with police action right here in staten island. so it's sort of a complex

situation on all levels, wolf. >> we're showing our viewers live pictures from lower manhattan right now where folks are just beginning to gather. we're watching all of this very closely. joe johns, thanks very much. we're also learning new details about the police officer who was at the center of this case. the 29-year-old daniel pantaleo. this case is not over for him yet. cnn's brian todd is digging deeper into this part of the story for us. what are you learning? >> reporter: wolf, we've been speaking with people involved with officer pantaleo. tonight they paint a conflicting picture of an officer which extends far behind his home bureau. depending on who you listen to, the officer seen subduing eric garner is a reckless cop who disregards the rules or a former boy scout with an outstanding reputation. they speak glowingly of daniel pantaleo who one union official

says is not a hot head. >> he's a model of what we want the police officer to be. >> reporter: pantaleo has over 300 arrests with very few citizen complaints but now his gun and badge have been taken from him after the garner incident and cnn has learned pantaleo's record is not untarnished. he's been sued twice for lawful arrest and lawful imprisonment. darren collins and tommy rice alleged in 2012, pantaleo rounded them up on false drug charges and humiliated them. >> pantaleo strip searched them in public outside the car right in the street, open to public view. >> reporter: the complaint says pantaleo and another officer pulled down plaintiff's pants and underwear. pantaleo denied the allegations and the suit was settled for $30,000. the single 29-year-old staten

island native joined the force in july 2006 comes from a family of public servants. his father was a firefighter and uncle was a policeman. >> he's a mature, mature police officer who is motivated literally by serving the community. he literally, literally is an eagle scout. >> reporter: but now with the eric garner case in the national spotlight, will daniel pantaleo have to follow the lead of darren wilson and quit? >> unlike ferguson, there are over 35,000 police officers in the city of new york in a city of 8 million people. i believe in officer pantaleo is found to be retained with the department, he could be continue with the department. >> and pantaleo wants to

continue in police work but one official says he's definitely going to return given the continuing federal and local police investigations of him. wolf? >> what do we know about his personal security? we know with darren wilson, the police officer there questioned who was not indicted, he has around-the-clock security. >> darren wilson does. a union official told me in the early days after garner's death, officer pantaleo was getting death threats early on in the game here. those threats have subsided. this official would not go so far as to say that pantaleo is in hiding but he's not staying at his personal residence. let's talk about this with andrew cuomo who is joining us on the phone for an exclusive interview. thanks, governor, for joining us. first of all, what did you think of that grand jury decision? >> well, i was surprised, like everyone else. thank you for having me, by the

way. when you looked at the videotape, it was so stark and it led one to believe that the grand jury was going to come back with an indictment. now, we were not in the grand jury room. we don't know what the grand jury heard. even with this release by the judge today, we're not really getting the transcript of the grand jury. we're just getting some facts. so we always have to keep in mind that the presentation done in the grand jury room is often definitive. but i was surprised, like many people across the country were surprised. >> even if it were a crime, an alleged crime, it would be a very minor crime and this guy winds up dead. i guess my late dad would have asked, how could this happen in the united states of america? >> that's exactly right. that's one of the reasons for the outrage, wolf. you look at that videotape and

you say, it just can't be. it's not just this case. we have talked about ferguson but if you're here in knenew orleans new york, it's not just ferguson. it's trayvon martin and others. so there is a pattern and there's a pattern that goes back a long time that happens to be a frequency now but people feel that they are disconnected from the justice system. and if this democracy has one institution that stabilizes society, it is the justice system. justice for all, justice is blind. and when you have a significant portion of the population that feels the system isn't working, you have a problem and we have a problem and let's acknowledge it. >> we certainly do. people are asking this bottom line question.

are there two justice systems in the united states, one for whites and one for blacks? >> what they are saying is the justice system doesn't work because that's not justice, right? that would be some other system. but you can't call it the justice system. it's supposed to be a justice system. justice for all, blind to color. that's what people are questioning and the justice system has two obligations, in my opinion. one is to do justice and two is to instill a sense of confidence and society that it is doing justice. now, i think short term we're going to going to instill confidence. i've spoken to loretta lynch, who is fantastic, by the way. i'm excited that she's going to get confirmed and hopeful for the u.s. attorney general. but loretta lynch has people's confidence, eric holder has people's confidence.

and what i'm determined to do is this is and opportunity to do a comprehensive review of the system and let's talk about police officer training and this chokehold and why did you need so many bodies jumping on an individual to hold him down on a street, on the sidewalk and diversity and cameras and transparency and accountability. shouldn't these d.a.s be bringing these cases, potential roles for special prosecutors, let's have a real discussion because this keeps happening and happening and happening. and it's corrosive. >> are there two justice systems in the united states, one for civilians and one for the police? >> there are laws that allow

police to effectuate their arrests by a certain standard. the reason this is difficult, wolf, is i've been to too many police funerals, also. you're a police officer, you're trying to protect the public, you take your life in your hands. and you need to be able to protect yourself. and make no mistake, for every one incident we see like this, there's an incident of a police officer losing his life of being abused. so it's difficult on both sides we've lost touch and confidence with a significant portion of the people in this court and state and we have to correct it. >> it speaks volume when you speak of a federal takeover of this judicial system right now because i guess local or even state authorities aren't up to it? is that what you're saying? >> this was the state justice system. this is a state law. this is not a local law.

the d.a.s operate pursuant to the state law. and this system, the grand jury system, the fact that the d.a. did the case, that was all pursuant to state law. and as the governor of the state, it doesn't make me happy, wolf, to say to you that the system is being questioned by a significant number of new yorkers as well as people across the country. now, again, with the caution that we don't know what happened in the grand jury room itself but we do know that the system itself has lost the confidence of the people and that's a problem in and of itself. so the federal government, i said any way i can help i will. i applauded loretta lynch and eric holder for their move. i think it will build confidence and i think we need that now more than ever. we've been lucky here in new york. the protests have been peaceful.

i applaud the garner family, which i spoke to yesterday, wolf, and the husband, the wife and the mother went out of their way again last night to say to people, if you want to protest, fine, but do it peacefully. and i believe that was a beautiful tribute to their family and speaks to their character after all they went through, they are pleading for peace and the protesters were largely peaceful last night and the nypd did a good job. we had national guard and state police on stand by. luckily we didn't need them. so we'll go through the protests and people have a right to protests. they don't have the right to break a law but they have the right to protest and let's get back to building confidence in the system. >> what was your bottom line message to eric garner's family? >> first of all i said, i'm sorry. i'm sorry that you lost your husband, that you lost your son.

to lose a child, wolf, i believe is probably the most painful and unnatural loss. and i said that we'll remember them, mr. garner in our prayers, and my condolences to all new yorkers for this tragedy and i asked them for peaceful protests which i think spoke well of them and protected the people in my state and how i was in you a of the way that they've handled themselves thus far in this situation. >> governor cuomo, thank you so much for joining us. you've got a lot going on now. good luck to you and every one in my home state of new york. please pass along my best wishes to your dad. i know he hasn't been feeling so great lately but he's a great man. a lot of us who have gotten to know him over the years admire him a great deal. >> thank you, wolf. my father is a big fan of yours.

he always has been and wants to you come back to new york and do his show from buffalo. >> we had a little snow in buffalo. i know you were there and you did a good job. appreciate it very much, governor. >> i have the blisters to prove it. >> good. thanks very much. the governor of new york, governor andrew cuomo joining us. a tough situation going on in new york. much more breaking news coming up in "the situation room." dramatic rooms by the new york mayors a the controversy, the outrage grows. we're going to hear from bill de blasio. that's coming up. we'll also talk about this with senator rand paul. what does he think of this grand jury decision? he's standing by live. body. it hugs you.

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take a look at these live pictures. protesters are gathering in manhattan right now. they are outraged over the grand jury decision not to indict the police officer for the choking death of eric garner. let's go straight to the scene. cnn's chris welsh is there for us. what are you seeing? >> reporter: wolf, i'm in downtown manhattan. i'm in foley square. take a look around me. we got here just about probably over an hour ago. there was essentially no one

here. if you look around now, it's probably safe to say there are at least a couple hundred, 2 or 300 people here. a lot of people in the audience, in the crowd are bloggers. you see a lot of cameras with lights on them, a lot of live streamers. of course, there are a lot of protesters here. i've spoke to the organizers and they say that they were hurt, they were disgusted by this decision by the grand jury to not indict white police officer daniel pantaleo. today they have come out to make that clear. this rally, they say what they want is full accountability, not just by the police officers who were involved in eric garner's chokehold and eventual death but all police officers involved in incidents involving deaths in new york city. wolf? >> are they going to stay put

there or it looks like they are going to start marching up manhattan? >> reporter: the rally is officially supposed to start in a couple of minutes. you hear the bull horn going. they are getting the pep going, so to speak. there's no official march planned here but as we saw after ferguson, the marches are certainly something that could happen organically, as they say, wolf. >> we'll watch it together with you, the other demonstrators that are watching as well. chris welch on the streets of manhattan, thanks very much. coming up, not only in new york but across the country, a second night of major demonstrations against the new york city's chokehold case. we'll talk about the controversy and a lot more. republican senator rand paul is standing by live. in this accident...

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we continue monitoring the demonstrations in new york city and around the country. these are live pictures coming in from new york right now. you can see the crowds have gathered. we're going to see if they stay put where they are. this is foley square lower manhattan or if demonstrations erupt elsewhere as they did yesterday as well. also in washington, d.c., you can see some protesters are lying down in what they are calling a die-in to protest what happened in new york yesterday, the deaths of eric garner into new york, michael brown if ferguson, missouri. they are adding new urgency to a federal crackdown on what is

being described as an excessive force of use by police officers across the country. attorney general eric holder has been in cleveland to push reforms to improve relationships between the police and the communities they serve. our justice reporter evan perez is joining us live from cleveland. what's the status of the federal investigation, first of all, into the death of eric garner on staten island in new york? >> reporter: wolf, we can tell you that the investigators are going to hit the ground running on this investigation because they've been monitoring the state case. they have been doing their own investigative work, the fbi, has been working behind the scenes. now they already have the videos, the horrific videos that we've all seen and additional witness statements and this is one reason why sources i've talked to say that this case is expected to move a little faster than some of these cases. you know, these sometimes take a

long time, these civil rights investigations. >> they certainly do. they can go in not just months but in years. you're in cleveland. the department of justice coming down very hard today on the police department there in cleveland in part because of a police chase back in 2012 that ended with 13 officers firing 137 rounds at two unarmed suspects. tell us what the justice department, the attorney general did there in cleveland today. >> reporter: well, wolf, they found after this year and a half investigation, they found this he lengthy report and they found a pattern of excessive force by this department here in cleveland and not only that incident, wolf, which was over a third of the cleveland police department was giving chase to these two suspects and they fired 137 bullets, as you said, there was a pattern of other incidents in which police fired

at someone who was being held hostage and was trying to get away. so the attorney general was bringing the message that he knows police have a hard job and he's not trying to pick on them but also said this is the second time they've come here to cleveland to try to make the police department here fix itself, fix the way it trains its officers. he's trying to send a message of, we want the police to improve themselves so we don't have to keep doing this. >> evan perez in cleveland, thanks very much. you can see the live pictures still coming in from new york and here in washington, d.c., the protests apparently growing right now even as we speak. could the trust between african-american communities and local police has drawn the attention of a republican prominently mentioned as a possible candidate for president in 2016. we're talking about senator rand paul of kentucky who is joining us live from capitol hill. senator, thanks very much for joining us. >> thank you, wolf.

>> i speak to you because you've been very, very passionately involved in trying to improve relations between the republican party and african-american communities across the country. we spoke when you were in ferguson meeting with the naacp and others. given your interest, your passion on this -- in this specific area, what was your reaction to the grand jury decision in staten island following that stunning video all of us have seen now? >> you know, when i first saw the video, i was horrified and still am horrified every time i see it as eric garner is gasping for breath and says i can't breathe. i'm as shocked as anyone by the verdict but i'm also shocked as there's been no statement from the police about whether or not this is acceptable or whether they will continue to be policemen. there are obviously different legal standards. there's a legal standard for a grand jury indictment but also a standard that the police department should have for what

kind of force is acceptable or unacceptable and i really think to calm down the reaction to this, one thing that could happen is the police could say, this is unacceptable for a policeman and we can't have this type of an individual on the police force. >> and i want you to clarify what you said yesterday. you've been getting some publicity, that this was a result of the high cigarette taxes in new york. explain what you meant by that. >> the same way the war on drugs has created policemen that are everywhere being too aggressive with enforcement of the law, such as throwing a concussion grenade into a home in atlanta, the same way high taxes draw people and push people into an underground when -- think of this. the $5.85 taxes, almost 60% of the cost of cigarettes, if i tell you tomorrow i'm going to put a tax on bread that is $4 and bread comes $6, what happens? a black market results.

are you going to arrest people for selling bread on the corners? there's a black market because we have made the price of cigarettes so onerous that people are going to sell it illegally. yeah, i don't think it's justified what the police did but i also think it's bad policy that puts the police in an untenable position. the war on drugs does that and so does ear ron yous and excessive tax policy as well. >> even if eric garner were selling cigarettes illegally, not charging tax, did he deserve to be treated that way as he was in the video? >> no. this came as a directive from the city of new york and told policemen, go out there and aggressively look at people selling illegal cigarettes. it's a mistake and it's a politician who ultimately made the decision, we're going to go after people selling these untaxed cigarettes. so i think politicians are

responsible for creating a situation and putting police in an untenable situation but i think there's no excuse for what happened. >> when we were in ferguson after your meetings with local community leaders, the african-american community, you made it clear that you were worried that there was a justice system that was not equal. you still believe that? >> i wrote in "time" magazine that when you look at shootings upon individuals, if you're a young black male, you're 28 more times likely to be attacked than a young white male. there is a problem. and part of it is a war on drugs but part of it is overzealousness to get the police involved in every aspect of our life. and the other problem i have and this is something that police have not been talking about in new york, do you remember michael stewart? in 1980, michael stewart was

spraying graffiti on the subway walls in new york. he was strangled by 11 transit cops. a chokehold was performed and they were indicted but never prosecuted. so this is not a new fphenomena >> stand by, please. we'll have much more when we come back. daughter: do you and mom still have money with that broker?

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take a look, these are live demonstrations not far away from the white house. people have gathered here in the nation's capital. they are protesting the death of eric garner in new york city and the grand jury's decision not to indict the police officer for daniel pantaleo. we're back with the republican senator rand paul of kentucky. we're going to watch these protests, senator. i want to get your quick reaction. hillary clinton could potentially be the democratic presidential nominee. you could potentially be the republican nominee. here's what she said on the staten island decision. >> we have allowed our criminal justice system to get out of balance. and i personally hope that these tragedies give us the opportunity to come together as

a nation to find our balance again. >> you agree with her? >> you know, i have six different bills to reform the criminal justice system and we would welcome hillary clinton, if she would like to come and help us promote this agenda. i've been working with senator cory booker and other democrats. if she wants to join me, we would welcome her support. >> so it sounds like you and her, at least in this narrow area, might be on the same page. right? >> i think she needs to have a few more concrete proposals. we think the war on drugs has gone too far. we think many of these things could be addressed as misdemeanors, not felonies. we also think taxing cigarettes $5.85 criminalizes otherwise law-abiding people. and so the question specifically to her is, would she try to make the sale of cigettes not such a burdensome thing that it drives people into the black

market and my guess is that her notion of sort of the busy body nature of government is that she wouldn't support reducing taxes. >> let's talk about some other issues while i have you, senator. you want to vote in the senate limiting the u.s. military in this war against isis. you want a resolution, a declaration of war, if you will. on this issue, are you on the same page with democrats? >> some. but what i would say is that nobody has been doing their job up here, the president included. when the president ran for office, he said no president can unilaterally attack the nation to war without the authority of congress. now he seems to have forgotten that campaign promise but for five months i've been asking for a vote on this and every other democrat has forgotten this promise also because there's been no vote. we came to the committee today and there was an unrelated bill and i forced my amendment for it and said, i want to vote on whether or not congress is going to authorize this war and they all objected but, in the end, i

was able to force the issue and they promised me a vote next week in committee. >> you know that republican senator john mccain, one of your colleagues, obviously, in the senate thinks what you're doing is telegraphing the u.s. punches towards isis and, in effect, helps isis. i'm paraphrasing. your response? >> the constitution is very explicit. there has to be a vote. george washington believed this, james madison believed this. thomas jefferson and really for nearly 150, 200 years, every one in america so the idea that congress shouldn't vote on it or an idea of telegraphing anything is wrong and ignores the constitution. >> there hasn't been a declaration of war since world war ii. >> i'm aware of that. that's one reason we brought it forward. also, i would support use of authorization of force but i think it's better to use the

language of the constitution. >> the u.s.-led air strikes are not working. your response? >> ultimately there has to be ground troops. i never said it would work with ground troops but they need to be people who live there and people would are invested in this. if the iraqis will not fight for their own cities, i'm not for sending any jihadis there to do it. if the iraqis won't fight, they are not taking back mosul. the iraqis on the ground will have to fight. there are many interested parties that could fight as well turkey is a 606,000 person army. i'd like to see the turks involved in fighting isis. i'd like to see the iraqis involved. the turks have been engaged and have been fighting but i'd like to see the iraqis step up and do

some fighting. >> do you believe you have the votes this time? >> we were very close. i've been working with senator gillibrand on this. she's the leader on this. we got to 55 votes and required 60 votes. one thing is to get enough votes. the other is to actually be allowed to vote and there will be a vote on the authorization for defense bill. usually or typically that's been open for amendment. the rumor around here, though, is that they are not going to allow any amendments, including senator gillibrand's amendment. >> when will you decide if you're running for president? >> probably the springtime. we have family discussions to go through and decide whether the message is resonating, whether there's a big enough momentum for a candidate like myself to win the nomination. >> senator rand paul of kentucky, thank you. >> thank you. take a look at this. we have the live protests now developing not only in new york

city but here in washington, d.c., as well. much more on the breaking news coming up right here in "the situation room." the demonstrations over a grand jury decision not to indict a white police officer in the chokehold death of an unarmed black man. we'll be right back.

we're continuing to monitor the demonstrations now growing, both in new york city and elsewhere. these are live pictures from new york. it seems some are beginning to move. we're going to monitor this situation closely. also here in washington, several protests under way not far from the white house. we're monitoring those demonstrations here in "the situation room." let's discuss what's going on. joining us, jeffrey toobin. jeffrey, it's interesting, i interviewed the governor of new york, andrew cuomo this hour.

i interviewed rand paul, the republican senator from kentucky just a few moments ago. everyone seems to be pretty stunned by that grand jury decision not to indict the police officer. >> they sure are. but rand paul is the only person who is blaming it on cigarette taxes, which i think is really a misreading of what happened here, because this confrontation took place as part of an overall police philosophy in new york of cracking down on quality of life crimes. like turnstile jumping. like using squeejys on cars by homeless people. this had nothing to do with cigarette taxes. in addition, the cigarette taxes have a purpose that rand paul didn't even discuss, which is to discourage smoking, which kills people. so it is certainly appropriate

for rand paul to be against taxes, but the idea that this attack, this death is due to high cigarette taxes seems fanciful. >> i think what he was suggesting is because this individual had been arrested previous times for selling cigarettes without the appropriate taxes, just on the street without a license, that the cops were going after him, and in effect, it resulted in his death. >> they were going after him as part of a larger policy of quality of life crimes, of which this is a very minor one. and i just think it's an extrapolation, it's an inclusion of an agenda item on rand paul's agenda, which is perfectly appropriate to have. but one that had nothing to do with why eric garner is dead. he's dead because of abusive police tactics. >> we're going to continue this in the next hour.

jeffrey, don't go too far away. much more coming up. we're following the breaking news. we're watching the protests in several cities grow, especially in new york, in the chokehold case. demonstrations under way here in washington, d.c., as well. much more of the breaking news coming up. where the reward was that what if tnew car smelledit card and the freedom of the open road? a card that gave you that "i'm 16 and just got my first car" feeling. presenting the buypower card from capital one. redeem earnings toward part or even all of a new chevrolet, buick, gmc or cadillac - with no limits. so every time you use it, you're not just shopping for goods. you're shopping for something great. learn more at buypowercard.com

dying moments. new video of eric garner lying

motionless. we're trying to understand what went so horribly wrong and what authorities should do next. grieving children. we're also hearing for the first time from garner's son and daughter. they say police treated their father like an animal. we want to welcome our viewers in the united states and around the world. i'm wolf blitzer. you're in "the situation room." >> this is cnn breaking news. >> let's get to the breaking news. protests are under way in new york and other cities as the nation learns more about the nypd chokehold death case and the grand jury decision that has angered so many americans. a judge has released new details about the secret hearing that ended without an indictment of the police officer, daniel pantaleo, in the death of eric garner. more video has surfaced of garner's final moments after he repeatedly told police he couldn't breathe. his children are speaking out now for the first time. they're sharing their shock and their pain with the world.

>> my mother, that was her husband. that was the love of her life for 27 years. and, you know, my grandmother, that was her first born. so it's like, how do you expect him to feel? they're hurting. but then again, they're trying to keep us strong as being his kids. >> the president and ceo of the national urban league marc morial is standing by live. we have our correspondents in the league, in the studio. we're covering all the breaking news this hour. let's begin with cnn's joe johns. he's joining us from times square. joe? >> reporter: wolf, outrage and demands for justice oechoing around the town tonight.

demonstrators hit the streets in times square wednesday night, chanting eric garner's last words. >> i can't breathe! i can't breathe! >> reporter: garner died after this encounter with the nypd. >> i can't breathe. >> reporter: today, officials are vowing change. >> too many americans feel deep unfairness when it comes to the gap between our professed ideals and how laws are applied on a day-to-day basis. >> reporter: the new york supreme court released new but limited details about the grand jury. it sat for nine weeks and heard from 50 witnesses. 22 of whom were civilians. they viewed 60 exhibits of evidence, including four videos. the department of justice is launching a federal investigation into the killing and attorney general eric holder says police reforms will go a long way to make the streets safer for everyone. >> there are real, practical, and concrete measures that can

be taken to ensure that not only police services are delivered in a constitutional manner, but that we can promote public safety, officer safety, confidence, and collaboration, transparency, and legitimacy. >> reporter: new york mayor bill de blasio pledged to change the way officers are changed. >> changing how our officers talk with residents of the city. changing how they listen. slowing down some interactions that sometimes escalate too quickly. >> reporter: the new york police department will escalate its internal affairs investigation while officer pantaleo is on modified assignment. his badge and gun have been taken away. he's been sued twice. one case settled for $30,000 at taxpayer ex-tense. a second case is still open. but the new york city police benevolent association is very strongly backing pantaleo. >> this was a police officer who

was sent to that location to do a difficult job. had to bring a person to the ground that said i'm not going and resisting arrest. >> reporter: and some predictable political controversy coming out of today's pronouncements. the head of the police benevolent association suggesting the mayor threw police officers under the bus with his news conference today. wolf? >> joe johns, reporting from times square. let's go to another protest under way in new york city. chris welch is at foley square. chris, what do you see over there? >> reporter: wolf, since we last spoke last hour, this crowd has grown significantly. just take a look behind me. you can see this crowd very vocal. they've been chanting, no justice, no peace. we've heard, i can't breathe, which is what we heard eric garner cry in that video.

this crowd is significant. it's very difficult to get a good sense of how many people are now here. you probably have a better view from some of our local new york city affiliate helicopters flying above us. but i would say it's easily over 1,000 people, probably well over 1,000, maybe 2,000 at this point. people with signs, we've got law students right here, chanting now black lives matter. you can hear that. it's definitely turning into a very large demonstration. so far, everything is peaceful. >> there were about 85 arrests last night. you haven't seen any arrests tonight, have you? >> reporter: at this point, we have not, wolf. but we are seeing a lot of police presence here. everyone looks like they're prepared for another night like last night. i guaranty that a lot of the protesters here, a lot of people might take to the streets. we've heard from some of the

organizers tell us they plan to march tonight. we don't know exactly when that might be. just keep our heads up and keeping our eyes out. >> yesterday we saw the protesters start marching all over manhattan, including the west side highway. you haven't seen them leaving that area yet, right? >> reporter: yeah, a lot of people are keeping -- all over the city tonight, here in foley square everything is centralized. last night, we saw westside essentially shut down by protesters who laid down in the streets. we know the arrests that happened last night, they were all arrested for acts of nonviolence, unlawful assembly. people who laid in the streets, that type of thing. but you take a look around, folks just want change. they're chanting, black lives matter. we see those signs right in front of us, no justice, no peace. there's that chant we've heard

over and over again. i was just talking to those law students we saw. they are saying look, we believe this is a problem with a broken justice system. we believe it's a problem with a broken policing system. there is a racist culture that still permeates here in america, they say. >> other demonstrations are under way in new york and people are beginning to march elsewhere in manhattan. the attorney general of the united states, eric holder, is promising that the justice department here in washington will conduct its own investigation of the chokehold case quickly. our justice reporter evan perez traveled to cleveland, ohio today and is joining us now. are the fed going to go after this police officer in new york city? >> reporter: wolf, they have just now decided that they are going to -- they made public their investigation and say they're going to hit the ground running. this is a case that they've been

closely monitoring, the fbi has been doing some of their investigative work behind the scenes. we don't know if there will be charges brought in this case, but that district, the eastern district of new york, has a history of being able to bring civil rights cases in cases where the state has not been able to find -- to bring charges against police officers. so there is precedent for it. >> evan, stand by. brooke baldwin is now on the scene. tell us what you're seeing. we see people marching now. >> reporter: yeah, i just got here, wolf. we are at foley square, just for people who aren't familiar with new york. we're basically at the heart of the city government, federal court. this is near the area of the headquarters for new york police. just having got here and walking through, i would estimate so far, and it's very, very early,

several hundred people. i have to say i was most struck initially by how quiet and peaceful they are. in the middle of it all, there are just little white lights that say, black lives matter. i was eavesdropping on a couple of confidences and one man was being asked, we were listening to the police commissioner's conference and the mayor, they were talking about how this in the wake of the nonindictment in this eric garner case, how the entire police force here in new york will be retrained and one gentleman was saying, apparently lit be a three-tay day retraini. people here are thinking how is it possible to retrain these officers? if you're thinking of sensitivity training, how can you retrain an officer to be sensitive in three days? just one person's perspective. but we're going to be here all night, wolf, just to watch, as

you watched last night. a lot of different groups converged, so that is likely to happen as people move from foley square, perhaps through the island of manhattan and across the bridges. so we'll keep a close eye. i would love to just get back in there and talk to some of the people. >> go ahead and do that. brooke baldwin on the scene monitoring these protests escalating in new york city. joining us now, the president and ceo of the national urban league, marc morial. marc, thank you very much once again for joining us. we spoke yesterday. obviously like so many others, you were outraged and stunned by that grand jury decision. you've now had another 24 hours to think about it. i know you've been talking to a lot of folks up there. give us your thoughts. >> so today, a number of civil rights and social justice organizations met here in new york and announced a number of things. first, a call to action that

2015 be a year dedicated to jobs and justice. this effort must and will continue. secondly, a major march in washington next saturday. and wolf, there are -- >> a week from this saturday? >> a week from this saturday, yes, on the 13th. the important thing here, we have incidents in cleveland, ferguson, new york city, los angeles, california, beaver creek, ohio, a whole series of incidents where there has not been justice when a law officer has taken the life. and in one case, seriously injured a person of color. and this has shocked our consciousness. it should awake people towards the idea that the criminal justice system in the united states, particularly the state grand juries, are flawed and broken. and we've got to work to change it. the other thing we announced is

that in early 2015, we will organize and hold a major civil rights and social justice summit, to bring together leaders and bring together people of like mind who are committed to the idea of justice, criminal justice reform, police accountability, and economic opportunity. to not only chart a course, but also to create and strengthen strong recommendations to address this. this is a time in american history where these issues must be confronted and dealt with. >> these are live pictures from manhattan. it looks like they're marching towards the brooklyn bridge. but they're clearly growing. is it too premature, is it an overexaggeration to suggest that this may be the start of a new chapter in the civil rights movement in the united states?

>> there's no doubt that it is, wolf. what i saw last night in midtown manhattan were young people. i saw young people who were of all races, creeds, and colors. i saw white and black. i saw hispanics and asians. i saw people of all backgrounds rallying around this why would around the need for change. and i think that's why this is an exciting time for the cause of justice because so many of these issues have been pent up. so many of these issues have been talked about, but never really fully addressed. so this is, if you will, i think a time of great change in this country. and we support the idea that people have this inalienable right to peacefully protest, to responsibly protest. and i think for myself at the national urban league and many of us in the civil rights

community, we welcome it, and we will participate and we will suggest that there be tangible, serious recommendations. so the president's task force, we look forward to making suggestions and recommendations to them so that those recommendations might be part of the recommendations that are sent to the president in 90 days. there's a process in place. but i would also, wolf, issue a call to local elected officials, to mayors, to county executives, to those that actually are in the criminal justice system or in the case of mayors who hire and fire police chiefs, to make this issue of reform. reform around police accountability. reform around the criminal justice system, their issue. the citizens are making it their issue. i think those elected officials, not only in washington, but at the local level, should and must respond. >> marc morial, i want you to

stand by. we need to take a quick break. you see the protests growing in new york city. our own brooke baldwin is on the scene. chris welsch is there, as well. we'll check in to see what's going on in new york, in washington. we know there's marchers, there's protests developing in atlanta, as well. much more on the breaking news conference right after this. we asked people a question how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to like, pull it a little further got me to 70 years old i'm going to have to rethink this thing it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪

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we're monitoring these demonstrations. you see folks on the move in new york city right now.

they're moving along, they're protesting the grand jury decision not to indict the police officer daniel pantaleo in the choking death of eric garner. also demonstrations not only in new york but here in washington, d.c., as well. they're moving on, not far from the white house, by the way. in atlanta, there are some demonstrations that are just beginning, as well. and elsewhere around the country. obviously a lot of people are very upset with what happened or didn't happen in new york yesterday. we're back with the president and ceo of the national urban league marc morial. i've been asking a lot of people if there are two justice systems in america, one if you're black, one if you're white. to which you say? >> the numbers seem to suggest very different outcomes. 14% of the population is african-americans, african-americans make up almost 40 plus percent of august drug

arrests. another study shows for the very same offense, african-americans get a longer penalty in the federal system than whites. so these numbers, and these statistics, for those that may not be familiar with them, do not paint a pretty picture about the american system of justice. all of this has been building for a long time, and that's why this time and this call and this need for change i think is so strong. >> why is that, why does this double system, if you will, exist? >> i think there's a legacy here, wolf, from the days of certainly exclusion and segregation. but there's also -- this is also a remnant of the four decade old sort of war on drugs, which embodied zero tolerance, three strikes you're out. heavy, heavy emphasis on arrest

and prosecution of people who possess small amounts of, whether it was marijuana or cocaine. all of these things, and then the human element, and the human dynamic. in prosecutors offices across the nation, in police departments across the nation, many of them have been slow to embrace gender and racial diversity in their ranks. so when we shed a spotlight on the criminal justice system, when we shine a spotlight on the experiences of people, it points to a very big problem. but the important thing for the nation is to make a commitment and let us work towards the change that we need. it's in the best interest of all americans, and in the best interest of the principles upon which this nation was founded. >> marc morial, i know you're coming here to washington. i'll see you for sure when you're in the nation's capital. a week from saturday, you're planning this big march on

washington. thank you very much for joining us. >> thank you, wolf. >> let's bring in our panel. once again, joining us jeffrey toob toobin, tom fuentes, sunny hosen, don lemon and john gaskin. don, you're there in new york. the fallout from this decision not to indict the police officer, daniel pantaleo. the fallout not only continuing but seemingly escalating even as we speak. how would you describe the reaction to this case. >> reaction just in new york city, listen, i think in an odd way, it has galvanized people to demand change. it's getting people to sit down and speak with each other. it has caused the mayor

obviously to come forward and announce changes in the police department, how they're going to deal with issues in the community, maybe instead of ratcheting up situations to ratchet them down. so i think it has people talking and it has me talking to me, who i don't usually engage on this level and this type of situation. i went today, wolf, to do a talk show, to be honest. i taped a segment for the "wendy williams show." they invited me on to talk about what happened in ferguson and what's happening here in new york city. and i led a discussion of about seven minutes on this subject on a show that usually has to deal with entertainment. that shows you how this has galvanized new yorkers and spreading across the country. >> we see the protesters on the march in new york city.

you can see them moving in manhattan right now. also the demonstrations continuing here in washington and elsewhere. jeffrey, protesters chanted "i can't breathe," those were the final words eric garner was heard saying just before his death. i am going to play a little bit of the videotape to try to show what went wrong in those final minutes. we're not going to speak. i'm just going to let you hear the conversation there in staten island. >> i'm minding my business, officer. i'm minding by business. i told you last time, please leave me alone. don't touch me, please. do not touch me. >> damn, man.

>> put your hands behind your back. >> i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. >> once again, police beating up on people, right here. >> back up. >> all he did was break up a fight and this is what happens for breaking up a fight. this [ bleep ] is crazy. >> pretty painful and difficult to watch and to listen to that, jeffrey, especially when he's crying out, i can't breathe, i can't breathe. i don't know how many times he said that, but the voice, you could clearly see it gets fainter and fainter and fainter. i guess they didn't realize how much he was suffering, is that what was going on? >> well, you know, i find it

hard to put myself in the officer's place there. the thing that always occurs to me in watching that video, as of course i've seen it many times now, is the crime for which he is being gang tackled and choked is the crime of selling loose cigarettes and not paying taxes on the money that's coming to him. it is perhaps the single least serious crime in the new york criminal code. the idea that this sort of controntation took place because of such a trivial offense is just obscene to me. >> we spoke with one new york city councilwoman who said, on this particular day, he wasn't even selling cigarettes illegally. he had a record, 30 arrests in the past. but on this day, they say he had just -- this come says he had just broken up a fight between two young people and was just walking away when the cops stopped him. tom, you're a former cop yourself before you joined the

fbi. the new york patrolman's benevolent association came out strongly in support of this police officer, daniel pantaleo. it's so painful to look at that video. >> it is painful, wolf. but i would like to point out one thing, when you hear the comments about black lives don't matter. you see the group of police officers standing over garner. one of them is a black female new york police sergeant. so she's probably the highest ranking officer at that scene. she could have called off the arrest if she thought this was a minor charge. let's just walk -- >> just because she's black doesn't mean she can't be co-opted by the system. >> no, but don, everybody has been saying we need to have diversity in police departments and this won't happen without it. and she's not the only black officer. >> people said we need to have diversity and training. there need to be a number of changes, not just diversity for the sake of diversity, but diversity, training, and

overhaul of the way police greet and interact with people in the community. you can't just have a black and hispanic officer without training. >> but she's a command officer and she would have gotten additional training compared to a patrolman. i want to hear the training that says when someone says i'm not going to be arrested, what do you do next is >> i want to show another video right now. i want everyone to listen to what happened. this is video shot much closer to the scene after eric garner stopped walking, after his final words were "i can't breathe," watch this. >> harassment. this is what they do.

>> [ bleep ]! >> stay off the sidewalk. >> that's crazy. that's crazy. >> ems is here. >> he can't breathe. >> we're going to try to put him on the stretcher.

>> and that's pretty powerful video right there. sunny, let me get your reaction. eric garner's body was lifeless as police tried to talk to him. while you heard the police officer tell bystanders they weren't performing cpr because garner was breathing. there doesn't seem to be much urgency in how they were dealing with eric garner as the body was just lying on the sidewalk. we timed it, for about seven minutes before he was put on a stretcher. when you see that, sunny, it's so painful knowing obviously how he ended up. but it didn't look like they were taking this in a life and death manner. >> it's remarkable to me. let's remember that police officers, and i'm sure that tom will agree, are trained in cpr, as well. so the fact that they are sort of looking at him in disbelief, acting very casually, no one is taking his pulse, no one is doing all the things that you do

when you need to determine whether or not someone is faking it or breathing or not. none of those things are done. as a mom even, i'm trained in cpr. i know that they didn't do the right thing. they did nothing. and i think it really compounds the situation when you talk about negligence at the very least, negligence. that's what we're watching. we're watching a group of officers strained in cpr doing nothing to save a man's life. >> it didn't look like they were pumping him up or doing mouth-to-mouth or anything to try to save him tom, did it? >> no, i think sunny is right, they should have been doing more medically to treat him. you see the emt come up and she tries to take his pulse and she's casual about it. so the officers also have the opinion that he's not in that bad of a shape, he has a pulse, he's just relaxing, in their eyes. it's wrong and they don't realize he's dying. but you're right, this should have been more trying to treat

him and help him. >> wolf, if i can -- >> very quickly, jeffrey. >> wolf, he died in the ambulance. so with that video we're looking at, he's seconds away from his death. >> that's what they say, he died in the ambulance. >> yeah, they say he died in the ambulance. so he's seconds away from death and by the way, still handcuffed. >> i want everybody to stand by. we've got a lot more going on. the demonstrations around the united states escalating in new york, washington, atlanta. these are live pictures from chicago. you see the protesters there on the move right there. we'll continue the breaking news coverage with our panel and much more right after this. [announcer] welcome to the re-imagined quickbooks.

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demonstrations are now escalating. this is chicago right now. you can see protesters on the move. the anger over the nypd chokehold death case in the streets of chicago. these are live pictures coming in from chicago. in new york city, here in washington, d.c., and atlanta, as well. we're bringing you all of these live pictures as the demonstrations continue. let's bring back our panel. john gaskin, as you watch what's going on. you're in the heartland of america, you're watching what's going on in ferguson, missouri for so many weeks and months, and you're young. you see these protests escalating. what goes through your mind? >> well, you know, i think one thing that the media is not really picking up is really the

undergirding issue, which is harassment and racial profiling. you know, if you listen to the video, eric garner says please leave me alone, i'm minding my own business, like last time. it's very concerning to see all these police officers surrounding him, as though he is selling some type of drug substance. but even that particular day, he wasn't even selling cigarettes. from what we know, he had just broken up a fight. you know, it makes you wonder, you know, the question that many are asking why are people chanting and tweeting about black lives matter, the video you showed earlier, there was no sense of urgency regarding eric garner's life, regarding getting him medical attention. the statistics show us that's why so many young people within this movement are chanting and out here working, embracing awareness regarding the value of

men of color and african-americans, especially when you see that video where there was no urgency, there was no real effort to make sure that he was getting the proper medical attention to preserve his life. >> it's heartbreaking when you look at that video. go ahead, sunny. >> i'm glad that he brought that up, because one thing that's come from this, as many people are saying why are we talking about race? this is someone, anyone that resists arrest, anyone committing a crime should submit to the police. i think that the notion being missed is a lot of people do things that should warrant police intervention, and it doesn't happen. there's an interesting hash tag called criming while white. i spent hours looking at it. a lot of people are getting on twitter and talking about -- white people talking about their interactions with the police and saying things like, i was driving while drunk, but rather than get arrested, the police escorted me to my home. i was caught shoplifting but

rather than arrest me, my police took me to my parents and explained to them that i needed some help. those are the kinds of -- the difference in the way that our laws seem to be applied between blacks and whites that are causing i think a lot of this fundamental distrust of the system. and it's something that needs to be addressed. >> hold on for a moment. i've got to quickly go to brooke baldwin in manhattan. the demonstrations are moving along. brooke, tell us where you are and what's going on. >> reporter: wolf, all of a sudden everyone is sort of moving. i'm in foley square, staring at the federal courthouse. everyone is starting to move. john, walk and talk with me as we're watching everyone head in a direction. you said you wanted to come out, you live in brook linl. why was it important? why are you here?

>> because it's a bigger crime not to say anything than the crime committed. if you want change, you have to fight change, but not literally. everybody is out here peaceful. >> reporter: we heard from the mayor and police commissioner saying they're going to retrain all of new york's police force. >> they should. if you live in the city, you see commercials to be police officers. that means anybody can be a police officer, no matter their back ground, their race, creed. they bring their prejudices with their badge. >> not everyone is a prejudiced police officer. >> there's a lot of good police officers. it's just sad that the minor is what gets portrayed. >> reporter: john, i appreciate you. thank you. so we're just going to start walking. we're hearing from a couple of different organizers. some people are going to consider crossing the bridges, we're hearing potentially brooklyn bridge. we're just going to continue talking to different people.

a lot of people chanting "black lives matter." basically peaceful protests. massive, massive police protests for obvious reasons. different members of the police force say they want to give them breathing room and so far that's what they've been doing. >> we'll continue monitoring what we're doing. brooke will be walking with these protesters and we'll be checking back with her soon. more on the breaking news right after this. ups is a global company, but most of our employees live in the same communities that we serve. people here know that our operations have an impact locally. we're using more natural gas vehicles than ever before. the trucks are reliable, that's good for business.

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this is washington, d.c. hands up, don't shoot, they're raising their hands over there. also in new york city, protesters are on the move in new york. brooke baldwin is walking along with them. brooke, where do they seem to be heading? >> reporter: wolf, let me just walk backwards a little bit. i don't want to trip, so i'm going to go slowly. we have just left foley square in the midst of hundreds of people, many of whom walking with their hands up. you're hearing, hands up, don't shoot. you're hearing, i can't breathe. it appears we're talking towards the brooklyn bridge. so we're just now passing new york police headquarters. we thought initially that we would stop here. we thought initially perhaps the crowd would stop, but everyone is continuing ahead. we're deducing, in talking to some people, we may be headed to

the brooklyn bridge. the question will be, do they walk along the passenger walkway or try to stop traffic and getting in the middle of the roadway? we don't know. but as far as you can see in both directions, let's keep walking. as far as you can see in each direction, people are out here. no justice, no peace. primarily, of course, in response to what we saw this week with a nonindictment here in staten island in the eric garner death. the mayor talked about the retraining of the entire police department. we heard from the president, as well, talking about body cameras. i spoke with a mother a little while ago, and she said body cameras aren't enough. we're going to keep walking, wolf. we're going to talk to some people. can i grab you? i'm brooke with cnn. we're live on the air. tell me why you wanted to come

out and march. >> this is a really important issue for new york. these people care about feeling safe and not overpowered by this police force. i'm just happy to be here with my friends who are excited and mobilizing. this generation is mobilizing. >> do we know where they're heading? are we heading to the >>brook, stand by. we'll continue to monitor the march. we'll take another quick break. much more coverage right after this. rs, carpenters and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again.

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we're continuing to monitor the protests in new york, chicago and washington, across the nation in response to the nypd chokehold situation. can you see the extensive coverage coming up on cnn and throughout the night. but we are following a development in the u.s.-led war against isis. our senior correspondent nick payton walsh is just back from an extremely dangerous and extraordinary visit to the syrian city of kobani. you may find some of the images in his report very disturbing. and nick, set the scene for us. >> wolff, after eaks of standing -- after weeks of standing on the hills

overlooking kobani,ing it devastating to see the damage and the coalition airstrikes and see first-hand the intensity of the fighting. from inside kobani, the day's velocity gets no respite at night. the price so small and so valued that violence seems to swallow it whole. grinding the streets down to the bone. we're head together front line where nightly and daily isis hope to advance with media a kurdish female fighter also in their world, this unit's commander. coalition air power did this, pushing isis back. they have abandoned their dead as they re treat. the decaying smell haunts the front lines. some call it kobani grat, after the city sacrificed to make a

point. little left here but a bulwark of kurdish defiants, 20 meters from isis. they think they see something in the rubble. [ gunfire ] even after coalition support, desperately in need of better ar arms. [ gunfire ] >> those are the kind of exchanges that happen here hourly. isis literally meters to that side shooting at this position and receiving return fire as

well. [ gunfire ] >> this surely wasn't the death isis recruits were sold in the propaganda videos. mortars are often used so we pull back. >> up against the wall. >> get up against the wall. >> media is 22 and has been within five meters of isis. here friends are made and lost. her best friend rememberan d a- best friend was lost. >> we were out of ammunition and she was injured but she advanced to help the other injured with her. isis surrounded her because girls are very prized by them. she then blew herself up and

killed a lot of them with her. i was near her then. her last words to me were, we will liberate our land with the last drop of blood in my body. >> the men bring us tea. this is the polar opposite of isis' view. they cannot afford to stop the fight, even if that means there is little left to live on when they do. >> remarkably, wolf, outside we thought isis had a third of the city and the front lines made it clear they have about half. winter is coming and the kurds are running out of fuel and food and ammunition and every day the fight is in the balance, wolf. >> amazing work you and your team have done. nick paton walsh. thank you to him and his producers and photographers, risking their lives to bring us that report. thanks very much, nick. we'll stay on top of what is

going on in the united states. live pictures from chicago, from new york, here in washington and from atlanta. the demonstrations continuing our special coverage will continue right now with erin burnett "outfront." erin burnett starts right now. "outfront" tonight, breaking news, protesters gathering around the united states as police gear up for a second night of demonstrations over the chokehold death of eric garner. my guest tonight, his mother. and what happened to garner after he was wrestled to the ground, did they help him or administer the right care? we have that video now. and another police officer under fire where a white officer shot and killed a black person. word that the officer might not have even benefit for duty. let's go "outfront." good evening. i'm erin burnett. and "outfront