tv CNN Newsroom CNN December 6, 2014 2:00pm-3:01pm PST
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a terrific show. don't miss the season finale of "somebody's got to do it" only here on cnn. it also wrap things up for "sg md" today. time now, though, to get you back into the "cnn newsroom" with poppy harlow. hi, everyone, thanks for joining me. you're in the "cnn newsroom." i'm poppy harlow in new york. 5:00 here on the east coast. we are talking about three cases of unarmed african-americans dying at the hands of police. these stories gripping the nation. right now all three police officers are walking free. for the next hour we'll examine the evidence and break down crucial video frame by frame. we will ask our experts what does equal justice look like? from ferguson, missouri, to cleveland to new york, the cases are sparking a national debate on policing, power, and race. >> reporter: those who died
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cannot tell us what happened from their point of view. in new york 43-year-old eric garner gasped i can't breathe his neck in a cop's choke hold. in cleveland 12-year-old tamir rice was holding a toy gun when a cop fatally shot him and the case that sparked this year's anger, unarmed teen michael brown gunned down in ferguson, missouri. >> no justice. >> no peace. >> reporter: for some the cycle of outrage is becoming all too familiar. >> they keep having these deja vu moments. we're doing the same thing. it's not okay for me to just maybe die for no reason or a small reason. >> reporter: do people have different rules for people of different races? how much force should people unleash on unarmed citizens? can we trust police to police themselves? eric garner's grieving daughter watched this video of her father's final moments over and over again. she says the real problem goes far beyond race relations. listen. >> this is not a black-and-white
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issue. this is a national crisis. it's about, you know, the police abusing they power. >> all right. let me introduce our panel. former police officer rashid abdul salaam, a security specialist and a private investigator and former police officer david clinger and a defense attorney here with me in new york and retired police lieutenant michael bell joins me. his 21-year-old son was gunned down in his own driveway. thank you, all, for being with me. let me begin with this. erika garner who is the daughter of eric garner, her comments, all right, let me read you her comments. she said, quote, this is not a black-and-white issue. this is a national crisis. rashid, your response when you heard that? >> well, obvious with the number of incidents that have occurred, we have to be concerned with it.
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one of the things that jumps out to me when wi look at this as being a former law enforcement officer and having graduated from the police academy in 1985 and starting my law enforcement career in 1983 just the directives and the definition of my job description is different now. now it's called law enforcement. when i came into the profession we were called peace officers. so when you start looking at it from that perspective it sort of changes your perspective on how you should approach this particular profession. one of the things that we did many times as a patrol officer we had hbo, handle by officer, one thing that you -- i see that's very prevalent with a lot of officers, they judge or they gauge their successfulness by the amount of arrests they make. making an arrest isn't the ultimate -- this isn't the be-all, end-all of police work. if you can handle a situation by handling the situation by the
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officer and revolving the issue, this is, in fact, what the purple of a peace officer -- this is what your purpose is. >> so, david, let me go to you. you were a los angeles police officer. looking at this, do you believe that that racial bias and abuse of power are significant problems in police departments across the country? >> i think that there's always going to be a problem with some officers who have racial bias, but my experience has a cop in los angeles and also in washington the vast, vast majority of police officers don't look at people in terms of black, white, hispanic, asian, whatever, i'm going to treat this person this way and treat that person that way. they read the situation. they react. they respond. i would agree with the previous commenter that police need to understand that they are peace officers, but everyone else also needs to understand that there is a law enforcement component to policing by definition. it is police officers that enforce the law. so, being able to understand is
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this a situation where i can calm things down, talk people through things, or is this something where i need to make an arrest, that's an important issue. but well beyond that is the issue of what are the types of laughs that the. coulds cops are called upon to enforce. why do we have laws against people selling cigarettes because it is rooted in a $6 or $7 a pack tax because the city wants to collect revenue. similar to one of the problems here in st. louis county some of the police agencies their primary -- or major revenue stream is tickets. that's wrong. >> let me go to michael bell joining us from wisconsin. first of all, i'm so sorry for your loss of your 21-year-old son. no one can know that pain unless they've gone through it. we're showing our viewers a picture of him as a young man and a graduate on the screen now. your took your anger, your frustration, and you said you settled with the local police department for a million and
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three-quarters settlement, but you wanted to change the law and you did. tell me about that. >> well, first off, as i can -- i can understand the family pain that eric garner's daughter is going through. she's watching this video over again and imagine your own mother or father or child being killed on video and have to watch it over again. i remember the day that the d.a. showed the dash cam video of my son getting out of the car and being manhandled by the police officer. i was in shock. i was a deer in the headlights. and so -- and i didn't do it so much out of anger. i really did it out of love for other people's children and love for my own son itself. it was anger that they did this and tried to do this to our family but i really knew if we changed the system here we could improve it for everybody and that's why we fought for ten years and wisconsin became the first state in the nation to mandate on a legislative level that police can't review themselves. >> yeah. i want to talk about that with
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widwin charles looking at it from a legal perspective. what do you make of the idea, changing laws state by state where police really cannot police themselves where they have to be a completely separate body? >> i think it's a good idea. i think anyone who looks at the sort of situations and think that police policing police makes good sense. it's questionable. how is it that that police officer who is investigating another police officer won't have some sort of inherent bias -- >> you have grand juries independent of police like we saw in both the michael brown and the eric garner case. those are not being policed by police. >> no, not at all. but i think with respect to the law that we were talking about that was just passed that has to do with people -- >> internally. >> internal. not internal affairs. but, no, i don't necessarily think that we should do away with grand juries. what we need to do away with is what we're seeing across america is where certain people who are
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facing grand jury investigations are treated one way, ie, police officers, and everyone else gets treated a different way. >> what do you mean? >> what i mean the prosecutor put on this grand jury proceeding both for the officers is incredibly different. the average grand jury proceedings does not get to listen to so many witnesses. it doesn't last so long. you don't hear exculpatory evidence which is evidence that exonerates the person. you just don't do that, 99.9% grand juries they kind of indict almost quickly. >> stay with me, the entire panel. we'll take a quick break and we'll talk about a lot more. lots to discuss, including the questions surrounding the last moments of eric garner's life. we're going to show you the video in full because it will give you a perspective that a 20-second clip won't. and later a federal probably after the death of a 12-year-old boy, this boy, tamir rice, finds a shocking abuse of force in the
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cleveland police department my panel weighs in on that and what it will take to bridge the gap between law enforcement and the community. ♪ go! go! wow! go power...oats! go! made from oats cheerios! cheerios! go, go, go! go power oats! go! cheerios! go power! go...power! yayyyy! ♪ my baby drove up in a brand new cadillac.... ♪
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remember, open enrollment ends december 7th. call unitedhealthcare today about an aarp medicarecomplete plan. you can even enroll right over the phone. or visit us online. don't wait. call now. i can't breathe. this has been chanted by many protesters. they're the final words of eric garner after a new york city police officer put his neck in a choke hold. at this very moment crowds are chanting i can't breathe across the nation from new york to pittsburgh to california. four days ago a grand jury decided not to the indict the officer who was filmed using a choke hold on garner back in july. our randi kaye breaks down the video frame by frame and compares it to what we know about the testimony before the grand jury. >> reporter: during his two-hour
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testimony to the grand jury, officer daniel panteleo made this bold admission, yes, he told the jurors, he heard eric garner's pleas saying i can't breathe. i can't breathe. this was the moment captured on video. >> i can't breathe. i can't breathe. i can't breathe. >> reporter: he isn't talking but his lawyer stuart london confirmed to "the new york times" some of what his client told the grand jury. he was the jury's last witness, according to his lawyer once he heard garner struggling to breathe he testified he tried to disentangle himself from the suspect as quickly as it could. but it's not that clear-cut on the video. it appears the officer keeps his arm around garner's neck for at least eight seconds after garner's first muffled gasp for air. >> i can't breathe. >> reporter: that's the officer in the green t-shirt with number final on it. watch. he removes his arm but then uses both hands to press eric garner's face into the pavement. the officer keeps pressing long
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enough for garner to repeat at least five times i can't breathe. the officer reportedly testified that since garner could speak, it suggested to him he could also breathe and there's more. the officer's lawyers said his client told the jury that he attempted to get off garner as quick as he could. again, look at the video. at least 16 seconds passed between the time eric garner hits the pavement and the officer removed both his choke hold and his hold on garner's head. >> randi kaye reporting. thank you for that. let me go straight to attorney midwin charles hearing the report and talking about seeming discrepancies what you see in the video and the officer testified. the grand jury saw all of it. what do you make of it? >> i don't know. it's incredibly surprising. you can't look at this video and see a man lose his life and think that this was not extreme, that this was not excessive.
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i think we all know that police officers can use force when their lives are in danger. but when you look at that videotape it doesn't appear as though any of the officers on that tape were facing any imminent threat, that their lives were in danger. eric garner was not armed. eric garner never made a move to harm any of the police officers, so that's what makes this all the more difficult to understand. >> what some would say and i would like david to respond to this being a former police officer. "a," seeing what you've seen and, again, we have not heard the grand jury testimony, it's not public, but would you keep this officer on your force and also did you read some of his actions as resisting arrest? because he did not put his hands behind his back and say, okay, arrest me. >> right. i think that your previous guest made one slip and that is that police officers are permitted to use force to overcome resistance less than deadly force. i think that's an important thing. so now the question becomes what -- >> but it must be reasonable. >> oh, absolutely. >> it must be reasonable.
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>> yes. but i wanted everyone to understand that police officers are allowed to use force even if there is a less-than-deadly threat against them. i think that's important. so the question then becomes was this reasonable? and trying to understand what goes on when someone has a physical crisis in terms of what leads someone to die, you need to get someone who is a pathologist, someone who's an m.d. that really understands this. but what we do know in law enforcement is that unfortunately in scuffles all across the country with all sorts of different types of force, less than lethal, ie, nonfirearm suspects die and always it's tragic because it's always unintended and getting to your question should he stay on the force. i haven't read the grand jury testimony. i haven't interviewed everyone and i think there needs to be a thorough investigation internally so nypd can make their decision one of the things that goes on nypd has policy. if he violated policy that's separate from the law. >> we know bill bratton a
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commissioner at the nypd is investigating and the justice department is investigating but we'll probably never see what the grand jury saw. rashid, what is your take in terms of where that line is in terms of being excessive? >> let's look at this situation and let's look at the technique and let's talk about the physical part of that confrontation. first of all, the technique that that officer was -- should have been trying to apply is called the rear neck restraint. one of the components of applying the rear neck restraint is the person or the officer applying it, you have to -- you must be or should be the equal size or taller than the individual. >> and he's not. >> to properly apply it, because if you properly apply it you are basically protecting the person's windpipe and you're putting the pressure on the side of the neck to the carotid artery and if you apply it properly then this person is going to lose consciousness
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within eight to ten seconds and then that person's body weight falls upon you. then there's a follow-up technique where you're supposed to fall back, take this person down to the -- to the ground and then at that point you're able to restrain them. but let me back up, first of all, you're taught in what -- what should be going on that makes it necessary for you to apply the rear neck restraint. it is applied to a combative person. >> yeah. >> there wasn't a combat -- there was no combat going on right there. >> that's an important point. sorry to interrupt, but i do want to bring the councilman in to get his take, councilman williams joins us now. can you respond from what you heard from rashid because there are stunning statistics that i want to put up for you here coming from the complaint board from the nypd, it received 219 choke hold complaints between july of 2013 and the end of june of this year. that's almost 8 out of every 100
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complaints filed against the nypd. what does it tell you? >> remember that the choke hold was banned in the police force for about 20 years now, so it's just amazing that still those complaints are coming. i think we call it here in new york city seat belt hold which is what he was trying to apply that quickly turned into a choke hold. but i get afraid of doing sometimes is we find a way to go to every minutia of these cases to find a way to make it okay. but there seems to be a pattern whether it's from l.a. to new york city of unarmed black usually men dying. and each case seems to get worse than the other. when ramali graham when the police kicked in his house and followed him to his bathroom and shot him unarmed in front of his grandmother and his 6-year-old brother, wow, we got one here. there's no way you can get past this. and we didn't get an indictment here. and then i saw this video from beginning to end in its entirety in a much bigger frame than we've ever seen and the cameras
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that they want to put on now and still you get no indictment. and there's nothing there that anyone can say was -- should have been summary execution. >> i'm glad you brought up the video because we're going to show it to our viewers and we'll get some thoughts from michael bell. i want to play you the video shot by another bystander it shows what went on in the moments after the deadly struggle between garner and the police. we've enhanced the audio and subtitled it so you can hear the confusion and what the crowds were saying. we'll play it to you in full. stay with us. people with type 2 diabetes
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all right. we're back with our special panel. our special coverage on police power and race. we just watched a video showing eric garner laying on the ground for minutes after a police choke hold was applied. emergency responders appearing not to do much in those minutes to help garner until they were finally able to move them onto a gurney. all four emergency responders were suspended without pay immediately after garner's death since then two of the medics were cleared. they returned to duty. two technicians were temporarily reassigned. let me go to mike, a parent. the perspective you have as a parent who lost their child at the hands of police gunfire when you watch that video, for minutes of him laying on the ground, what is your reaction? >> well, first off, i didn't see a lot of empathy in the crowd. i don't think it's a black and white issue. i believe it's a bluish u. i think what your viewers don't understand is that immediately after pantaleo went back to his
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precinct that the union attorneys met with him and started conversing with him on how he needs to frame the incident. our own experience here in wisconsin, there was pro-police consultants that came into our area and briefed the police chief on how to discredit these type of videos. essentially they're trying to say this don't believe what you're saying listen to the great wizard behind the curtain. it is my understanding there's no had tech fix to a cultural and systemic issue. >> you know, obviously i wish that we could have officer pantaleo on to hear from him directly. but since we don't, let me go to you david clinger, former police officer looking at that video. you've got other officers there as well as emts, you heard people in the crowd saying where is the cpr, why wasn't cpr applied? we're told that he died not there but later at the hospital so it's unclear how he was
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breathing at that point in time, but he wasn't responding. what should have been done by the emts or the officers that wasn't there? >> i wasn't on the scene and i'm not an emt so i can't comment on that. but from a police perspective one of the things i don't understand and i've talked to several colleagues around the country and they don't understand. the typical situation with someone in a respiratory or type of distress you get them seated. when you do a takedown and get somebody on their face what you want to do is get the hand cuffs on and get them off their belly on their side and that creates a much better plane for breathing. why that wasn't done, i have no idea. but one of the things i think we have to understand this was not just the one officer putting his arm around the individual. this appears to be to be a systemic failure of the officers in terms of how they together managed getting this individual into custody and the aftermath of taking him into custody. that to me is the linchpin here. >> midwin charles, do you agree with that point because it
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wasn't -- the focus is on officer pantaleo but it wasn't just him who was there taking him down. >> well, the focus is everyone that you see on the video. and one of the things that i take away from that video, which is very disturbing to watch, is that everyone on that video is a professional. they are all trained. they are all skilled. they are all experienced. so to see how they handled this situation as though they were -- this was the first day on the job is surprising. i think we have to ask ourselves as americans is this what we want, is this what we expect from police officers and emergency response people. >> all right. so we have heard that new york city we know is retraining all of their officers. as a new york city council member what do you want to see changed in the training as it pertains to a situation like this? >> well, one, i also want to say we have no proof he was actually selling cigarettes. we've taken that as a fact. >> in the past he had been -- he had done that. >> yes. >> in the past. and you are correct, they suspected that he was doing it
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at the time. >> so we don't even know if the stop was legal at the beginning because there's no paperwork to back it up. >> what do you want to change in the training? >> the training is nothing to sneeze at. the training, one, i think they already know you shouldn't use a choke hold and i think they know they shouldn't be sitting on people's heads, so hopefully throughout this training they will get more training i guess on how to respond to these issues. i also think they know and that they don't pose a danger to themselves or the other officer or anyone around them they should wait for somebody else who has command and control of the scene. they didn't do that. i think the mechanisms are there. what i'd like to see today is accountability. most people want to see accountability when an officer does something like this wrong there's accountability. >> rashid, to you as a former police officer, do you agree with what the down sillman said? and seeing from what you saw, do you think eric garner was breathing on the ground? >> actually, what you can see was there was no urgent care for mr. garner.
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and no one was recognizing his humanity. and you have -- there was a lack of sympathy, empathy. i saw a slither of apathy in how they were dealing with this man. as the previous guest said, every one of those people were professionals. and, no, police officers aren't emts but all of them have basic emergency medical training to deal with breathing and pulmonary procedures to make sure that the airway is clear, someone's breathing, and that their heart is beating. so they have the training to where they could have dealt with that situation. they didn't even see it fit to see the decency and the hugh many in mr. garner to remove the handcuffs from the man at that point. it's just -- it's just -- it's inexcusable to me. >> all right. stay with me, the entire panel, we'll talk about the biggeri issue here and that is the lack of trust growing in communities across america between police departments and community
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welcome back. i'm poppy harlow in new york. joining us again our panel with this special coverage on police, power and race. people are angry after ferguson, missouri, new york city, cleveland. how do we police the police? how do we bridge the gap between police officers and the people they serve and protect? let me go straight to rashid, he's a former police officer now also a security specialist. basic question but i think so important for moving forward, what is the single most important thing to do to improve
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relations between police and civilians? >> community involvement from the perspective of the community's identifying, preparing, and mentoring applicants from our communities to go into the police department academies, to get involved to serve our communities. for the departments, the in-service training. i would like to see the federal government regulate, standardize training to the extent that these departments would have to be in compliance to be accredited if they're receiving any type of federal assistance with those departments so that we could have the standardized training throughout the nation similar to that -- what the federal -- the federal law enforcement departments are required to do. >> so, one thing that has been talked about a lot, importantly so, i think, is these body cameras. officers wearing body cameras. some say that they are not really necessarily the solution, right? because the officers can put
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them on and decide when to turn them on or not, but i want to listen to what eric garner's daughter said about this. listen. >> my dad died on national tv on a camera. he still didn't get justice, so what's justice going to do with these body cameras but promote more killing? >> councilman, your reaction to that? i mean, we've seen when body cameras have really helped, but she has a point. >> the only thing we would have seen with a body cam was less of what we saw now and probably less information. >> why? these other videos would still come out. >> but we saw a wide array of what was going on. the body cameras i think are very specific to what they're showing and i'm not sure we would have got all the information we got here. >> but do you think the body cameras are a good approach? >> as part of a brougader
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perspective, yes. the thing with police we cannot forget about too often we have to deal with the police culture, period, but too often we are sending police in black and brown neighborhoods to do a job a lot of people have to do. i say that because these communities and i say because of race have been neglected on many levels generationally. always we hear the communities want the police, they ask for police. but they also ask for better housing, they also ask for more jobs and they ask for their school system not to be crumbling and they ask for their streets to be cleaned. if we can't hear those cries, why do we always hear the cries of the police. if we only send police to fix them we're setting ourselves up for more failure. >> michael bell in wisconsin, let me go to you. after you lost your son to police gunfire, you worked to change the law and the law changed now. wisconsin is the first state in the nation to mandate at a legislative level that police-related deaths be reviewed by an outside agency. can you talk to me about the tangible effects so far, what you've seen?
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>> we had three parts to our bill. we got part two passed which is external investigation of a police-involved death. i think the nation needs to look at wisconsin. we're going to go back and try to get those other two parts of our bill. but, you know, the day that governor walker signed our bill, our family and a number of other families who had lost children to police officers walked in, and there were the directors of five police unions standing shaking our hands and we were shaking our hands back. we worked with them. police need to be a part of the solution. there are great cops out there but they're the quiet majority right now. again, there's no tech fix to a systematic or cultural issue. the camera is going to help but there are other things and we'll release it shortly in an article on politico article coming out very soon and we'll share with the nation what we learned over the last ten years here in wisconsin. >> all right, michael. david, let me get to you here as
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a former police officer, do you think there needs to be a change on a federal level on how police-related deaths are investigated? >> not necessarily. the rule for the federal government should be to start collecting data on situations where police officers kill people, situations where police officers shoot people who survive and situations where police officers discharge their firearms and miss. that's something that at the federal level the feds can do a very good job at. what i think needs to happen and this is related to what others have talked about in terms of a cultural shift is get police officers to think differently in terms of how it is that they approach situations. in terms of how it is that they interact with people. and without getting into the weeds of the theory, to make a very long story short there's efforts afoot to try to get police officers to think more safely. not just for their own safety but for the safety of the citizens that they're dealing with and if officers approach situations with that at the forefront of their mind, many of these situations that spin out of control won't spin out of control. >> that coming from a former police officer. midwin, your take, final word on this, how do we rebuild respect
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in a relationship which in many cities right now is broken? >> well, i think there's several ways that we can do that. one is we should have police forces that reflect the communities that they are policing so recruitment is one. >> do you mean more -- do you mean in terms of race? >> of course. absolutely. there should be more people that are reflective of the community that they're policing. because a lot of these police officers come from communities that are not like the communities that they're policing so there's a bit of a disconnect in terms of understanding that community. and so once you have that sort of approach at the onset, it tends to build up a wall -- a barrier, rather, a wall, where the two communities, you know, police officers and the community don't get along. so that's one. and two is we need to see more, a sort of a push from leadership, of police and mayor and city officials in making sure that the communities come together. in other words, they're great cops. we're not saying that all police officers are bad. there are excellent, wonderful
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cops. >> there are. >> who do their jobs and risk their lives every single day. they should step forward. they should be at the thank you to all our panelists. i appreciate it so very much. coming up next, president obama making a surprise visit today to the hospital for treatment. we're going to talk about it with our sanjay dupe at that, next. dad,thank you mom for said this oftprotecting my future.you. thank you for being my hero and my dad.
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. a quick update now on president obama. he made a brief trip to the hospital this afternoon. the white house motorcade headed to walter reed medical center where there were diagnostic tests done. a white house spokesman revealed the president had been complaining of a sore throat. after a really quick 28-minute visit, the president's physician blamed the symptoms on acid reflux. chief medical correspondent, dr. sanjay gupta joins me by phone. sanjay, what do you think this means? how serious is acid reflux? >> well, acid reflux in and of itself is something that can be pretty easily treated. a lot of times, it may just be dietary changes. sometimes you want to give medicines to reduce the amount of acid in the stomach. you know, the president has a history of smoking in the past. we are told he has quit but that can be a risk factor as well, so if he is still smoking at all, he would be told to absolutely stop, because that could be warsening acid reflux. but it can be controlled.
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at the white house itself, they brought in an ears, nose and throat doctor into the white house and placed a scope down the mouth and looking at the back of the throat to see what was causing his discomfort. typically, you just do that by sort of anecessary advertising the back of the throat, putting an aesthetic spray in the back of the throat, sometimes a sedation as well. we don't know what he got. based on what they found there, they were concerned enough to go ahead and get a c.a.t. scan as well. >> right. >> they want it went an emergent c.a.t. scan but did order it. >> and sanjay, isn't that unusual, to get a ct scan for something like this, or is this just an abundance of caution because this is the president? >> i think it's the latter, poppy. what i would say. typically, if somebody had -- one of my patients, if you're pretty certain it's acid reflux, you would give medicines for acid reflux and see if it goes away. if it didn't go away, the symptoms did not go away, then, you know, that would prompt a scan. but it sounds like he was both
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diagnosed and then further evaluated with this c.a.t. scan the same day. and it could be because we're talking about the president of the united states. >> right. >> you get a c.a.t. scan out of an abundance of caution to make sure this isn't something else, cancer or something else causing difficulty with swallowing. so that's typically why it's performed. >> all right. sanjay, thank you. we know you're going to stay on top of this, as will we at cnn auto evening and bring you more as we have it. appreciate it. stay with us on cnn. big lineup, 7:00 eastern, the cnn special report, "deadly high," how synthetic drugs are killing kids, and "somebody's got to do it". i'm poppy harlow. thank you for joining me this evening. ""smerconish" after a quick break. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready.
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hello and welcome to the program. i'm michael smerconish. we're focusing on a black man dead at the hands of police. tonight i've got hard questions you may not have heard. growing resentment among police officers. have they become the villance instead of the heroes? as the country takes to the streets to say no more, cops say their hands are tied as the crowds go larger, so does their anger. while the cops ask the question, what are we supposed to do? if the terrible tale told by the choke hold tape wasn't enough for a grand jury, can it be enough for federal charges? i'm not suree'
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