>> i'm chris cuomo and this is "prime time." 20 minutes of transparency. that's all north carolina will allow for the shooting video of andrew brown. that was only for brown's family. we, however, have gotten footage of police surrounding brown's stopped car. here it is. it's not much, but it's better than nothing. >> i'm right here. >> it's the cops. you can't call the cops on the feds. >> they shot him? >> yeah. >> now, obviously that is -- those are a couple neighbors talking. that is her present-sense impression of what happened. why is that important? literally we are craving context

here. you see the officers around the car. what's interesting about this video is they're showing demdem commands. the question is to whom? because brown may have already been dead by one of the many bullets fired at him while the 42-year-old was trying to drive away from police after they served arrest and search warrants. the family and the community deserve to know more five days after the fact. >> we only saw a snippet of the video. this family was disrespected. >> i've never been talked to like i was talked to in there. mr. cox told me, a grown black man, that he was not going to be bullied. one body cam. 20 seconds. in execution. >> that is not enough when you have officers gunning him down

with his hands on the steering wheel and he's trying to get away. z >> he had his hands firmly on the steering wheel. they ran up to the vehicle shooting. >> my dad got executed just by trying to save his own life. >> now, look, those are angry, those are inflammatory, those are righteous, those are outraged suggestions. but this is what happens when you don't put out the video. the only thing, of course the people in the crowd are going to react, of course the sound within earshot of neighbors and family members are going to react with a heavy heart. they haven't seen anything else. they have to rely on people who are connected to the case and obviously emotionally connected to the situation. it's their father and husband who was killed. now, lawyers say, as you heard there, calling it an execution. those are heavy words, but i can't challenge him, i haven't

seen anything. lawyers say shots were already being fired at brown by the time the video started, so it is impossible to know how this all began. now, what do we know? we already know that this was not an armed faceoff of a suspect. brown reportedly had no weapon. cnn obtained brown's death certificate and it says he died from a gunshot wound to the head. we also heard dispatch audio saying he was shot in the back. seven deputies have been placed on leave, two resigned. one retired. that's a universe of ten that we know about so far. now, we have reason to suspect that the head shot would have come from behind. why? because we had a witness to the event tell us right here. >> it was about 8:40 when i heard a shot and i woke up and

ran -- proceeded to run down the street. and when i got close to his house, i seen officers standing behind his car as andrew brown is trying to flee away, to leave the scene, and they are shooting. >> and he's driving away from the officers. >> yes. >> and they were actively firing at the car? >> yes. >> bad facts. why? you can't shoot at somebody for fleeing. you can only shoot at someone while fleeing if they pass the standard of being perceived reasonably by the officer as an imminent threat to the officer or to another. now, what do we need in order to make that judgment? the video. look, the authorities have to know that refusing to let people see what happened five days

later drives suspicions. these are not the old days where you get to tell us what you want to tell us when you want to tell us. this is not about you being bullied. you work for these men and women who want to see what you have. it is not yours to keep. the ongoing lack of transparency is clearly why people are back on the streets of elizabeth city tonight. there is a state of emergency now declared to help keep the peace. and there is peace, thankfully. the county attorney maintains, hey, i'm acting within north carolina law. you need a court order. i'm sure they would have gotten in big trouble if they released it on their own according right? the sheriff's office said that order was filed today. >> we will comply with the judge's order. this tragic incident was quick and over in less than 30 minutes and body cameras are shaky and sometimes hard to decipher.

they only tell part of the story. we continue to act with patience as we follow an important process to proceed. >> why did it take so long to file the order? now, look, body camera footage can be those things. that's for you to judge. okay? it is not for somebody else who works for you to make a determination that it's better that you don't see something because you may get it wrong. that is not a righteous disposition. the brown family lawyers are calling for all the body cams of those involved to be released. you know you got a universe of at least ten, right? they also say there is dash cam video and footage from a camera on a light pole at the scene. what about that? let's bring in one of the attorneys, benjamin crump. and also montre freeman, city manager of the city.

welcome. >> hi, chris. it's good to be on your show. it's not a pleasure to be here, though. >> no. i don't like the circumstances any better than you do. mr. freeman, in kwhour capacity, the understanding of a court order to release the videos, who has the right to ask for the order? could the prosecutor have released it themselves? and why was it only asked for today? >> those are all great questions. >> did i lose him? ben, you heard the same questions. do you know any answers? >> repeat that question, chris. i'm sorry. >> the prosecutor couldn't just release the video on their own accord. who has to ask for the order and why was it only asked for today? >> i will tell you this, chris cuomo. the fact that if andrew brown

would have done something illegal or incriminating, i guarantee you that video would be all over cnn and every other news station. it's only when they do something that is damning and unjustly kill an unarmed black person do they start to try to hide behind all these technicalities, saying, oh, we have to wait to get a court order. chris, they could have gotten a court order long ago before today. it's been five days now that this family and the community have been demanding transparency. that's all they're asking for. they want to know how did the police kill their loved one? how did they kill their father? >> well, look, this is a pretty limited universe of fact.

it's what triggered -- sorry for the use of the word, but what initiated the need for deadly force, because we're told that mr. brown didn't have a gun, which would only leave him trying to run them over, because a vehicle can be a deadly weapon. but after that, it's why shoot a man leaving in a vehicle? am i right about the law, that you can't shoot for fleeing, you can only shoot on reasonable suspicion of imminent threat of that person? >> you're absolutely right, chris. and the fact that the video, as my co-counsel attorney sherry l lassiter told us she took copious notes while she watched the slivideo. she said there was no point in the video where andrew brown had the vehicle come in the

officer's direction. in fact, she said he did everything in his power to evade the police officers going away from them, which begs the question, chris, why is it when a black person is running away from the police, that's one of the most dangerous things to a police officer, but yet when this young white man who are confirmed murderers, you know, the young man who shot up the parkland school, they can take him alive? whether it is the young white man who shot up the atlanta spa, they can take him alive? or there's dylan roof who shot up the church in south carolina. not only did they take him alive, but they took him to get a burger and fries. yet when andrew brown tries to get away, they say they have to use deadly force. it's terrence crutcher walking

with his hands up in tulsa, oklahoma. they said we have to use deadly force. if it's walter scott running away, deadly force. christopher hall in pennsylvania, deadly force. anthony mclain in pasadena, california, deadly force. these are all black men within the last year that have been shot by police in the back. when are we going to say we can't keep killing innocent black people? can we just have one week where police don't shoot black people unjustly, chris cuomo, just one week? >> i hear your frustration. fl f mr. freeman, are you able to hear mr. crump and myself? >> i am. >> looking at the video in north carolina, if the prosecutor had released this body cam footage, nobody was coming after him to do so. what do you make of this situation where they're saying we need a court order and it was only asked for today?

>> i'm disappointed. i'm disappointed. >> all right. we got a bad connection. counselor, i'm sorry about that, but i can't control the coms. let's talk about what this does to the family, ben. they go in there, they said they'll be able to see it. they wind up with a restriction, only two. you got a family, they want to know, only two. the prosecutor is supposed to be an advocate for the victim's family. the prosecutor prosecutes on behalf of the state, obviously, counsel crump knows this. they are supposed to be advocates for a victim's family. so they start off on the wrong foot there, only two of you, and only 20 seconds. how is that explained by authorities why only a couple people and only a few seconds?

>> it was not explained about the 20 seconds, chris. they said they want to show us the pertinent parts. why is it that they would determine what are the pertinent parts? the stat ute in north carolina say the immediate family, the victims, have the right to see the video, and then they redact the faces of the officers. but yet they did not redact andrew brown's face. they put out the search warrant, they tried to put out his entire criminal history, but andrew brown didn't kill anybody. so why are we protecting the killers here? why didn't we put out their information? you remember in the derek chauvin case, killing george floyd, they tried to not put out his history, neither. we have to have equal justice

transparency. >> i've never heard of covering an officer's face in body cam footage before. obviously you're going to know who the officers are. they're public servants. there's really no sensitivity issue here unless there was some specific threat we don't know about. now, the state has taken over the investigation. i'm sure that's something given the disposition of the governor saying he wanted more transparency here, that should be good, but we'll see what comes with it, because today this decision was still kept in the local -- in the county prosecutor's hands, the county attorney's hands. we'll see what changes and when. counselor, thank you. i apologize for the coms issues. i'll reach out to city manager freeman myself about that. >> yes, sir. we have the autopsy report from an independent autopsy released tomorrow morning at 11:00 a.m. >> cloounselor, you know how to get me. if i can help advance the situation, i'm always a phone call away. >> thank you, chris. >> please send my best to the family. look, this happened less

than 24 hours after the floyd murder verdict. why does that matter? it matters because people were too quick to say, you happy now? the system worked. you got your justice. shut up. it was never about one case. that point has been made consistently. and, no, the system didn't work. the system was forced to work. there is a difference. tonight we have a man who led the prosecution against derek chauvin. he forced the system to work because the situation was removed from the locals and to the state. that meant minnesota a.g. keith ellison. now, why did that happen? what did he think about the effect of that happening? what does he see in the echo of that situation now in north carolina? the ag who made the difference on the george floyd case with us right after the break. i need a . the fast way to bring it up to speed... is scotts turf builder rapid grass.

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you. i hope by now we all get the need to see the footage in north carolina. it's a simple proposition. transparency builds trust. experience has taught us it's not wrong to want to verify police claims. trust but verify. remember, george floyd was murdered and initially it was passed off by police as, quote, a medical incident. freddie in baltimore. he was forced without incident. then we saw the video. they had to put gray into the back of the van where we were told he had a medical emergency, and then repeatly sedly slammedo the side of the van. 13 months. then you see video, and what do

you see? which way is he walking? he's shot in the back. we only know what videos show. all understanding stems from the visual. we are way past time where body cam footage should be a question. i don't know, we'll have to see if we have it, whether they were on. all that far is gone. it's a bygone era. we have to have body cam, and there can be no question about when it is released. it must be released. my next guest knows the reality because he is the prosecutor who investigated the murder of george floyd but for the decision to remove that case from the local to the state, who knows what would have happened? minnesota attorney general keith ellison, it's good to have you on "prime time." really powerful interview with pele on "60 minutes" really gave a good feel for the context of how doing it right matters so much right now. take us back for one second

before we go to where our future is here. when you first learned that the police assessment of george floyd, which was medical incident, was anything but based on what you spa on the video, what did that mean to you? >> well, it, quite candidly, was not a surprise. usually there is a period of time when the official story and the actual story are not aligned. in this particular case, it became evident when darnella post hered her video. it was a total misconception.

>> we don't want to hinder the investigation. how, when it involves police, how do you hinder? >> the video does need to be released, but i will say when you're trying to investigate the sk case and you're trying to interview witnesses, it's better if not all the witnesses know what you have. if i have a video that shows the decedent was walking away from you, i might want to interview you without the benefit of a video just to see what you're going to say. because if you lie, that means that there is a consciousness of guilt and willingness to deceive. but i do think that as soon as possible, the video does need to be hereleased so the public can have confidence. >> i hear you about that, but you're also talking about flew i had -- fluidity of fact here. we know they talk to each other also. i don't mean that in a cynical

way. people talk about incidents all the time on the force to figure out what happened because things happen so fast. so in terms of -- let's start with your case in minnesota, one of your cases. the idea of the doj coming in to investigate policing there, how big a deal and is that a complete cure? >> i would say it is not a complete cure but it is a big deal. the minneapolis police got a decrease which made a difference in certain ways. when jeff sessions got in there, he got them to cancel them all, and then it was said, don't put them in the car, and that sent a message. it's good to see that merrick garland is going back to having the doj be a player in human and

civil rights in regard to policing in local communities. that's a good thing. they need to work with the locals. they shouldn't do the normal fed thing where they step all over the locals, but they should work with them in a cooperative way, but i'm glad they are here. >> what do you say to the observation that, well, the george floyd team, ellison put together like "the avengers." that's not usually what happens. you don't have those resources, you don't have that talent, you don't have that direction and that's why a few cases go the way this one did. fair? >> no, not fair. we had great lawyers, there's no question about it. but what we mostly had was a will to get the story right. that's what we had, the will. i'm afraid in so many cases that's what's missing in some of these cases. if you have a district attorney or an attorney general or u.s. attorney who says, we're going to get to the bottom of this, that is the ingredient that you need, and if you do that, your chances for success go way up. and your chances for building the community trust that you

referred to go way up as well. but when you kind of mail it in, you know, that's when community trust goes downhill. >> i'm asking because aubrey still no trial date in that case. local prosecutors declined to charge. now a special prosecutor, it took more than four years to get the cop jason van dyke up on charges. that is something that is consistent. looking at north carolina, do you think it was the right move to remove the case from the local to the state? >> well, you know, i'm still learning about the north carolina case. you know, after the verdicts came in, i had to get back to my other work at the ag's office, so i am sorry, chris, but i'm not totally up on it. i am aware of it, but the details i'm not up on right now and i do apologize for that. >> you have nothing to apologize for. last question, though. respond to this observation that we're hearing a lot right now.

it's your fault, media. you cherry pick. you're only showing cases that are controversial. you still only have a handful. still a better chance of getting struck by lightning. still should be focusing on black-on-black killing. still should be focusing on what happens in chicago. you demonize the police. these are a minority of cases. >> completely untrue. as a matter of fact, these very difficult, unhealthy relationship between police and black communities go back to at least 1919. that was a chicago race riot in 1919 where police and community relations exploded in a negative way, and there have been report after report , commission after commission, including the kerner commission in 1978, and the commission of rodney king, and then after ferguson, president obama has the 21st century policing commission. we need action, we need change. these videotapes are a

remarkable benefit to society, and we need the institutional change to go along with it. but i'll tell you this. i'm not saying that newark and camden, new jersey are some models or some paradise of policing, but they have been able to put better numbers up than we've seen in a whole lot of places, showing me that reform is possible. it's time to get serious, pass the george floyd justice and policing act now. i'm if full support and i hope to see that happen. >> mr. ellison, i wish you good luck in minneapolis and beyond. >> thank you, sir. >> you just heard the ag say part of this is about washington to step up to help foster change. who thinks that that's the mindset in washington right now. do you really believe that after all this talk of we want unity? look at the right side of the

aisle, okay? representative mccarthy, the top republican in the house. he stopped talking about the insurrection, okay? he's the guy that trump called during the insurrection. just for telling us about that, he had to wind up going down to florida to kiss the ring of trump after the election. 100 dcops were hurt. how can you be pro blue and not give a damn what happened on january 6? the state of play of politics will hold this country back. or am i wrong? smerconish's take, next. facing leaks takes strength. so here's to the strong, who trust in our performance and comfortable long-lasting protection. because your strength is supported by ours.

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rely on the experts at 1800petmeds for the same medications as the vet, but for less with fast free shipping. visit petmeds.com today. first did you hear about the census bureau and what the census is going to do? it's going to shift some seats this congress. the house is about to get real skinny real fast. of course, as you know, the census bureau uses its data to decide how many seats each state gets in the electoral college. biden, the states that he won, they are going to lose three

states. given democrats only have a 6-person majority in the house, three seats could matter, right? few people know that better than my guest michael smerconish. i want to start with macro and then go to micro about the census. mccarthy is moving farther and farther away from the reality of where he was and what he said about january 6th, and i think it's instructive. on the 6th and shortly thereafter, the reporting was mccarthy had been -- you remember, we did it together -- had been on with trump. he was pissed at trump. they were exchanging angry language about the need to get help. here is the new version as of yesterday from the biggest republican in the house. >> i was the first person to contact president trump when the riots were going on. he didn't see it. he ended the call saying he would put something out to stop

this. that's what he did, he put a video out later. >> that is not just a cleanup job, but it is almost gross negligence in this situation, is it not? >> you remember that we had no witnesses during the impeachment process, and the impeachment trial came to a grinding halt because there was the prospect of calling one witness. and who was it, chris? congresswoman herrera butler from the state of washington. why? because apparently she was prepared to testify that kevin mccarthy had told her that trump was all bent out of shape because of the perception that mccarthy was not on the side of the protesters on january 6th. and, of course, in the end she didn't testify. your census story is really significant because kevin mccarthy wants to be the speaker of the house, and you're right, for him it's potentially a game of inches. so what's he decided to do? to cast his lot with the former president because he needs the

base. >> so if you need the base, who wants to pass the george floyd act? i know that there are polls that say there is well over 50%. but as you've explained so brilliantly here and on your radio show and your tv show, the representation in congress does not reflect the population of this country, that you have 50-50 in the senate and the skinny margin in the house, but the republicans represent a fraction of the people that the democrats do, so the national polls are relevant. do they want the george floyd act if they want the base? >> can i tie this in to the census? because i'm wondering if maybe the lead is being buried, right? the headline tonight is one of shift toward the south. the south tends to be red. the takeaway seems to be this is to the benefit of the republican party. but when we get the demographic information as to what populations are growing, my hunch is that you're going to see growth among folks who are

black, latino and young. so maybe in the short term there is an advantage for republicans, but in the longer term, that demographic shift, there will be more folks in the south than there will be in the rust belt, but they tend to be democratic voters. where this heads in the long term, i think, is much different than where it goes in the short term. >> but we have no indication that the new version of the republican party is looking to do big 10. there is no autopsy here. they're doing the opposite, right? they're trying to push the big lie in arizona right now on a micro level and they don't even want their process to be revealed to anybody. talk about lack of transparency. but mccarthy can't be pushing the george floyd act if he wants the base. >> no, chris, i don't suspect that republicans are ready for a national coming together or kum ba ya moment. i think there is a mindset out there that you and i look at these videotapes, and we say how in the hell could that have

happened? there is a mindset of others looking at these videos ttapes d saying, well, if there had been no resistance, it wouldn't have had this tragic outcome. i think that's probably where we're headed in north carolina. i don't see any prospect that republicans will be on board for the george floyd act. >> it's interesting, you're talking about the states. california and new york are losing seats. that is not a surprising phenomenon to me. those are expensive states. people are moving away from them. but colorado, oregon, montana, north carolina, florida all picking up seats. is that what you mean by who is it, though? >> right. they're growing because of what population within those states. we presume if there is a shift toward the south, in particular, it's to the benefit of republicans. nothing says that the seat that gets added in certain of those states is necessarily going to be a republican state. not if they do it fairly.

cook political report, and i trust their judgment, david wasserman et al say that the pen will be in the hands of 87 that control republican districts, 75 whom control democratic districts, and the rest will be some type of commission. one other observation, if i can quickly make this. like you i'm very much attuned to the issue of gerrymandering. i think it's a very serious problem. but don't overlook bill bishop and the big sort and the idea that people are choosing to live among the like-minded. the number of blowout counties continues to grow, and we don't redraw the boundary line on counties every ten years. there is something else in the water here. it's not just the way we're characterizing congressional districts. >> michael smerconish is right, and we will learn how right in time. that's why i love having him on the show. he literally is going to give you a little bit of an advance

because he thinks that much about these things. me appreciate you, smerc. >> thank you. >> it's true. people read and understand in history, and his seriousness of politics, sometimes you can be a step ahead. if you watch or list toen to hi show, you know that. president biden will mark his 100th day this week. yet the riotous right have been saying all along, we want unity, why are the democrats trying to do it all by themselves? what are they doing now? you heard what i referred to in arizona? a secret recount controlled by the gop. and this is more than a stunt. we're back to take on the big lie with the secretary of state of arizona, next.

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so did you hear about what's happening in maricopa county, arizona? it's been six months since the election, right? it seems reality has not sunk in for the state's republicans, and

they don't like that biden won the state fair and square, even after several audits. let's be honest. i'm being too generous in this right now. it's because i didn't write it. that's why it's so fair. we know what they're doing, all right? this is about keeping the big lie alive, and here's the proof. they are forcing a hand recount of more than 2 million ballots without any legal mandate. now, how it's happening is a secret. who is paying for it? how is it being conducted? and why is a group called cyber ninjas, okay, ninja expert, right? this group no experience in a recount. its ceo was tossing around election conspiracy theories recently. what the hell? let's get after it with arizona secretary of state katy hobbs. hobbs, how is this happening? >> well, i think you hit it on

the head, that a group of republicans are continuing to try to appease their base who refuse to accept that trump -- or that trump lost to arizona and that he's not the president anymore, and, you know, a judge ordered that the subpoena was valid. we have so many concerns about this exercise. i kind of don't want to call it an audit. i think that's an insult to professional auditors everywhere because they're making this up as they go along. >> why was the subpoena found to be valid? >> i think the legal arguments were about the subpoena powers of the senate. i think maricopa county supervisors could have chosen to appeal that ruling and they decided not to, so this is where we are at this point. i think there was a high level of expectation that whoever had their hands on the ballots and the equipment would adhere to some level of security measures

and transparency, and that clearly has not happened. >> so all the real ballots are in the hands of a group of republican-picked agents to try to undermine confidence in the outcome. is that the truth? >> that is absolutely what's going on right now, yes. >> and the people in arizona are okay with this because? >> well, it certainly doesn't seem like the arizonans i'm hearing from are okay with it, which is why my office has been working to -- with a lawsuit that's been filed to try to address the security's concerns at a minimum, but at this point this seems like so far-fetched it would be a good idea to stop it. >> the state filed a lawsuit. the judge required a post-bond of a million dollars because of potential costs of a delay. >> right.

>> i don't even understand that legally, let alone politically. >> it was a ludicrous amount, a ludicrous amount. i mean, the cost that's contained in the contract that's been made public is $150,000. we don't know the actual cost because the money that is being funneled privately is going directly to cyber ninja, so it's not subject to any do i understand of public record requests, although it should be. rightfully so, the democratic party didn't want to put up that money because they had no guarantee that the auditors -- the fake auditors wouldn't lie about the actual cost because all the costs are secret. we don't know. >> i'll tell you what, the smile will be gone if the ballots don't come back. it's one thing if they put out some number about how many ballots they don't agree with or they think they're fake, because

you can always cross-index that. unless the ballots are gone, then you have to go through preexisting records, and people won't know what to trust. i'm going to stay on this, and secretary of state hobbs, i appreciate you keeping an eye on it. you have to, it's your job, but just know we're watching and we're a call away in terms of transparency on this. >> thank you. >> good luck. a new announcement is coming out tomorrow from president biden. it's good news that more americans are getting vaccinated. it is true that we're starting to get close to people where now you have to convince people to get it. the guidelines are about to change on what we should be able to do and not do. is that really going to happen? is vaccination going to be rewarded or not? the pandemic state of play, next. breathing ] allergies with nasal congestion overwhelming you? breathe more freely with powerful claritin-d. claritin-d improves nasal airflow two times more than the leading allergy spray at hour one. [ deep inhale ]

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let's play with proof here. new york city is the most densely populated part of the country. theaters and museums and in door dining. they're all open to an extent. the variants now account for most of the new cases. look at the number of cases. the media is making a mistake and me too, slap on my bald head. we focus on the negative because that's the fear, okay? the good news matters, too. cases are plummeting in new york city. hospitalizations, deaths and plummeting. not a fluke. new yorkers are getting the shots at about 10% higher rate than the national average. this is what we all want. the problem for the rest of the country, the last few weeks we are starting to get away from the people who wanted it and active and aggressive and figure out how to get it and deal with

the pain in the ass and now it is getting to the reluctant. this is the tipping point that we knew is going to happen. the people who want to get it most, got it. the goal of so-called heard immunity is we are not there. it is not inevitable. we know from multiple polls that around 65% of us want to get it. that means now you get the hard part. you have to get the 15% of remaining to get it. all the progress that we are seeing with stuff like summer camps reopening and travel options coming back, those are the carrots we need to focus on. this nation is going to rely on 15% of our neighbors rolling up their sleeves. we have to bet on ourselves, we have not done this right, we can still get it right right now. we'll be right back.

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an important point as we all watch what's happening in our culture together. it is not about cherry-picking cases, it is about showing you the reality and see how each case is dealt with. coverage continues now with cnn tonight, d. lemon, the big star on the big show. >> this is what i would say. i think regardless of how you feel about these issues, i think everyone feels the same on this. i think there needs to be transparency. the video needs to come out because the video can do a lot. it can exonerate or condemn actions and if you rega regardless -- again, we need to see what happened before we can determine what the outcome should be, who was right or wrong or whatever the particulars are in these situations, right or wrong. >> i think