meaning, officers had a reasonable fear that brown was trying to seriously hurt or even kill them or somebody near them. the prosecutor suggested it was all fairly obvious. >> mr. brown's death, while traj i ic was justified because mr. brown's actions caused three deputies to reasonably believe it was necessary to use deadly force to protect themselves and others. >> then the district attorney said the tapes tell the story and i will show you what he showed us in these boxes. four different clips the public could record but nothing was given and nothing more was offered despite many angles an officers wearing cameras.

that's the way it will stay for now thanks to this odd state law restricting public to police footage. i know motions will run high and it serves no interest to have any violence by anyone on the streets in that city or anywhere else tonight. the understandable. the best way is to look at what the da said and his conclusion and see if it makes sense. the da conclusion means there is not even probable cause for all the fact and circumstances available and that's just about the lowest standard of proof in the criminal system. if there's not enough to meet that burden to suggest that officers may have done the wrong thing here, what is the basis for that

it disturb ing, watch for yourself and hear it is. >> hey. hands up. get him up. gunshot wound. >> do you see a reasonable

threat to the officers that warranted the use of deadly force? do you see non-compliance? absolutely. what about what followed? was what followed reasonable under the circumstances? remember the standard is not and will never be and can never be comply or die. okay. let's look at one moment that the prosecutor points to as a life and death danger to the officers. here is how he describes it. a deputy is trying to open brown's car door. he lost his grip when brown backed up and the da claims the deputy was yanked across the hood in that moment. that's his description. let's see another body cam view that he uses as justification.

>> you didn't see it, right? let's watch it again in slow mo. okay. what we're seeing, what am i highlighting for you? that's the deputy's hand. it did brush across the hood. brown did back up while doing that. let's play it again. do you see where the district attorney comes up with and he rolls across the hood. did you see that? you know what the da is describing. the scene you see in a movie. as the bad guy tries to get away, the good guy tries to stop him and he goes over the front of the car. did you see that? brown isn't going vr far, very fast because he's plok blocked

by his house. he was putting deputies at risk that he was a serious threat enough to use deadly force but he was also trying to escape. it raises the question having that kind of paradoxical sense of the situation. does the da know that it is his job to investigate charges or does he think it's his job to defend the police from my such suggestion of charges. i put it that way because i want you to watch again as brown goes forward. the standard is they had to shoot to kill him because he was trying to hurt them. now, don't complain to me about i can't see the angles be the da has access to all the footage from all of those officers who were there and all the different angles and this is what he chose to show. if anything, it must be assumed that the da believes this is the most self-serving evidence to

support his own judgment that no charges are warranted. this shooting had to happen the way it did. it was justified. don't complain i can't see it from that. i know. that's the point. that's the point. i see what you see. this isn't about expert eyeballs. he's driving away. was e dhe driving away in way t made it reasonable to think he was really trying to hurt one of the deputies? another close call. yes, i do not think it's a close call. i'm saying the officers that were in front of the car is close call. he moves and they have to get out of the way. it's no question. they move and they get out of the way. could he have run one of them over? i guess if they didn't move. they did. so, does that create a reasonable risk in their mind

that they now have to use lethal force against him? almost completely while he is moving away and cannot reasonably be argued to be a present threat. three of the seven deputies present decided that, yes, what he did warranted them firing at him while he was still there moving away from them and as he continued to move some 14 shots. many of them after he was definitely driving away. listen for yourself. >> stop, stop, stop. [ gunshots ] >> again, it's a simple question. why did you fire? did you fire when you did and how you did at whom you did because you reasonably thought

they were going to hurt you or somebody else? brown crosses street and stops in a driveway. every one keeps yelling but by all accounts he is dying and no longer a threat. they don't know that. they will yell as they come up as they would when they approach any situation like this. brown is dying from his wounds. one to shoulder. the other to the back of his head. meaning what? he was shot as he was going away. the bullet exploded into three pieces which means without further insgraigs you'll not know whose bullet it was that killed him. that's not especially important at this point because there seems to be no detailed analysis of what officer did what and where there is any responsibility for those actions being wrong because the district attorney said it was all fine. what we do know is that this was supposed to be a drug raid on a local dealer who the police know well enough to say, this guy is

resisted before. people in the neighborhood knew that he was in the drug game, but he had resisted but turned himself in. he was not known to have guns. we have been given no stated suggestion he would be armed or that he would be with others who would be armed. yet, that was some show of force. went down more like a seal team 6 event on bin laden than some local dealer. we get what the local da thinks about all this. why is he the last word on justice for the state? what happened to the state role here? the state attorney general says i want all the video released. he said that and been saying it if r weeks. now what? he's not making it happen. can he? the governor said public confidence would have been better served by putting a special prosecutor oen the case. he wants all the video out there. is he really powerless to do anything else, the governor of the state of north carolina. have youen seen him take the the national stage? is he anywhere tonight saying

what must be orvbvious to so ma in his state? the media is doing what it can. a judge blocked a request from cnn and other organizations to get more of the video. i want more because i don't understand how the district attorney justifies his proof of justification based on what we saw. i just don't see it. what we're left with is the same question the brown family has had since april 21st. why did they have to shoot him and if this is the best answer what the da showed today, how did he arrive at this conclusion on the basis that he just showed us? let's go to better minds for what they see. elliot williams and anthony barksdale. bark, i'll start with you. you did job. you were the basicing commissioner in baltimore. this was the da's decision to put out this footage, this way. he's got access to more.

he doesn't want us to have it. this is what he wants them to see. if this is his best reckoning of the situation, do you see where he gets the conclusion that they had to act the way they did? >> chris, i have no idea how this da stands there at the podium and delivers the message that he did today. it is unbelievable. you say i did the job. let me go a little further here. i was what was called a cover man in baltimore. i was in a highly active drug unit so i made the decision as a cover man to shoot or don't shoot in several hundred search warrants. to fire a weapon when you're saying your concerned about fellow officers in these officers are down the corner sitting in vehicles and you shoot at him, that is a huge

problem. this da is trying to put a jedi mind trick on the nation and the doj needs to dive in because those shots from behind are a huge problem. >> all right. the shots from behind we get. even the uninitiated here, not law enforcement will understand why shooting as they are going away has a higher burden and makes it harder to argue there was a reasonable risk. the da was very certain that the guy had his hand on the handle and he moves the car. the guy goes rolling over the hoods. it was life or death. do you see a basis that you think would stand up in court that obviously, this is the opposite of that. he's keeping them out of court by saying this. dw do you see the justification for his justification? >> he could do himself a favor by releasing the videos and let people see what's in there. if they that convinced of the

certainty of what went on then just release the videos. the simple fact is that today's public in the age of the cell phone video and body cam will not be satisfied by a prosecutor almost twisting the facts or selectively presenting them many the the way that happened today. from where we sit right now, no, it doesn't seem clear on its face. perhaps the prosecutor is seeing something we don't know. certainly there isn't a bright line rule about shooting into a parked vehicle as he seemed to suggest today that the fact that a car can be a deadly weapon doesn't mean that the mere fact that someone is in one automatically renders it a dev deadly weapon. there's a record that exists. we just haven't seen it. we should leave toyota the prosecutors to get it out there. based on flfgs we have now, it does not appear the kind of slam dunk that da said it was today. >> a da shouldn't be saying it's

a slam dunk unless he's saying it's a slam dunk that they did something wrong. that's his job. did it see strange he was acting like their defense attorney. >> this provides the basis for the fact the officers were justified in shooting into this vehicle. what he doesn't tell you is that case involved number one, 100 miles an hour car chase down a highway, 29 cars getting hit, two police officers getting ram and then they shot the guy. the idea that somehow there was this licensed to open fire isn't the case. there's so many errors or flaws in judgment, i think in this press kmps today. they use more to dirty up the

victim and the victim's family. the prosecutor was saying i would have worked with the victim's family. they just weren't nice to me. this was more successful as a pr operation than an operation to explain what actually the law was and what their basis was for not proceeding with this case. >> bark, i'm okay with you not liking it. with me not liking it. with elliot not liking it. very often people disagree, but the prosecutor doesn't want the evidence out there which is only really okay when he doesn't want to chill his own investigation. that's clearly not his motivation. that's not what's happening here. to justify why everything is okay and not giving you the best basis to draw the conclusion, what does that mean in terps of what the cops need to have confidence from the community?

>> that's destroyed. i honestly feel that way right now. he's done so much from transparency to just his actions. the video should have been released. release it. you can't take snippets and say our guys did what they were supposed to do and you should applaud them. no. we have to look at the entire incident beginning to end and that's not being done. >> just to be fair to the officers, because he just put out clips that make them look bad. you know what i mean. their officers are saying, whoa. let me tell you what happened. i ran out there. i can see in his eye, he was coming right for me. i don't know any of that. >> chris, to that point, it's not inconceivable there could have been a threat there.

look, this is a lot of people are made uncomfortable. officers don't know what they going to find. yes it might have been a dangerous or unsafe situation. if that's the case, let us know about it and release the evidence that makes it clear to at least to the prosecutor as to how they are coming to that conclusion. they released this 44 seconds of footage. >> i don't get what's going on here. thank you very much. that's a concern. test not that i don't like what he came up with. it didn't make sense. it's not fair the the cops. it's not fair to the community. transparency has to be the rule. why would this state pass a law

that keeps transparency from the public? brown's family attorney says that da came after them for a reason because this is about a whitewash. this is about making the unjustified justifiable because of who it happened to. one of the attorneys joins us here with the reaction and what's next, coming up.

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thank you to all involved wait, this isn't your bed... how'd you get here? ah yes... groceries. earn points now to use on travel later. one of the many things you could expect when you're with amex. an insult and a slap in face. that's how andrew brown junior's family described the local da's announcement that brown's shooting was justified. family attorney harry daniels joins me now. harry, thank you for taking the opportunity. when you watched what the da not only said but the proof that he

confidently provided though he wasn't distribute it in form of the video, do you believe that the excerpts and the da's understanding pass mustard? >> absolutely not, chris. this da sound more like a criminal defense attorney. he's cherry picked what he want sthoe to try to make a justification of these officer act. with the attempt to do that, he still, the video still clear this is not a justifiable shooting. even his efforts to try to cherry pick, you don't have anything to cherry pick because it still shows an unjustified killing of andrew brown. >> he said something else. this has been too much about the officers. it's time for me as the district attorney to tell you a little something about who got shot that day. this is what he said. >> detective johnson contacted

and confirmed mr. brown's identity and he is a known drug dealer. the team was briefed on mr. brown and his past involvement with law enforcement. it was relayed to the team mr. brown has multiple resist arrest charges and convictions dating back to 1995. additionally mr. brown has assault, assault with a deadly weapon and assault inflicting serious injury convictions baiting back to '95. >> to this point, there had been no suggestion even from the da and the sheriff that yes resist arrest but they should have anticipated he may have a deadly weapon or might use a deadly weapon but the da made sure to say that today to give an explanation of why the officers would have been on edge. what do you think of that decision and do you think it adds layer of protection to the officers judgment? >> absolutely not. he further said the officers knew that mr. brown was not to

known carry any weapons. chris, the assault he's talking about a misdemeanor that took place in 2001. it's not a felony. he failed to tell the media and public that. you find the same old story that you try to dirt tu up the person who is assassinated until of talking about the assassinator. he constitutional rights are still protect. he's still afforded the same right and his rights were violate preponderance of the evidence this man was killed unjustifiably. he talked about this officer in the way. you can look at the video over and over. the officer clearly was to the side of the vehicle and once he passed all auofficers, they unloaded their weapons. there's no justification. i'm not going to get into tennessee gardener. we can talk about that until we are blue in our face but we can look at it, layman can look at this, my daughter can look at

this to show it was no justification whatsoever. >> didn't meet the standard of probably cause. forget about beyond a reasonable doubt or any specific charges but here is the problem. what do you do now? the district attorney can only be removed if he has to be removed or if there's proof of conflict, working closely with the sheriff doesn't count. the sheriff said he want the video to come out. the district attorney hasn't said that. the ag said i can't act yun lal lat laterally. the governor is saying it would have been nice to have a special prosecutor. are you only left with civil remedies now? >> we hope not. the attorney general for north carolina called me directly and informed me there's nothing they can do unless this district attorney relinquish or request for a special prosecutor to be

appointed. he's not done so. the laws in north carolina is codified to when you have an issue, a district attorney or deputies that are so intertwined that these laws should be in place where something can be done. you can't give exclusive or original al jurisdiction to a district attorney to make that unilateral decision. he's not prosecuting his own officers. he know these people. they work in the same exact building. same exact building. he know them and from beginning, we knew that he was not going to take any stance to bring any charges. the department of justice although it's a viable remedy but everybody know it's very difficult for department of justice to come in and bring you civil rights claim. you got to show some type of willful intent. in the heat of the moment it's

clear there was unjustified but as of right now we may be only left with civil remedies that myself and the attorneys can take to try to get a civil judgment for this family and it's sad in america that we do not have another resource in north carolina to bring these killers to justice. it's very sad. >> i understand. i appreciate the perspective. i have sympathy for the family. i have to tell you, i have sympathy for both sides in this situation for one reason. this lack of transparency is not fair to the officers either. if there was some kind of threat that we can't see that was evident from another reason that gives a reason to understand how the da came to this very closed ending understanding of this, he's got to put the proof out if the community is to have confidence. we're not going away. thank you for being with us

tonight. send my best to family. >> thank you. look, they can sound like platitude and cliches but they come from somewhere. if you don't get to see what this manmade this judgment on because it dupts make sense based on what we have seen. how is he doing the officers a favor that have to work in that community? this wiends up being pervasive. now investigating domestic terror is controversial with the republicans or whatever you call them now. republicans used to go after everything. now, for one reason, he opposes a commission to look at january 6th. you know what that reason is and the what is a who. how long is this going to keep going? next.

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party of trump. p.o.t. the most powerful pot stirrer in the house no longer in favor of investigating terrorism when it involves people he wants to like him. you need to see the game. kevin mccarthy is playing it by not supporting a commission to investigate the capital take.

why don't they investigate antifa. what did they have to do with january 6th? there was never any proof the truth is as obvious as it is ugly. we're not going to let time dilute reality. liz cheney had to go. unity too important. ask house republican john katgo how united the party is. he added mccarthy everything he asked for even numbers of parties represented. both sides get say. not only did the house minority leader throw him under the bus, the party whip is actively trying to get members to vote against his deal. scalise move is not surprising. he's, we know why he's doing it. we know why they are all doing it because it's all about trump and january 6 is bad for trump

because january 6th was what trump was talking about happening. that's why they are doing it. the excuse, it's about scope. mccarthy says given the speaker's short ssighted scope that does not exam interrelated forms of violence, i can't support that. if you have to invest gats 9/11, then you better look at the bay of pigs too. if you're going to do fl9/11, y better do some other bombing that bothers us in a different way too. have you heard of that, the so called party of limited government, limited scope. are you kidding me? this is the game. this show exposes the game so you can decide what to do about it but for the love of god don't

decide to play it. you see how funny it is that they want to scope to be broad. remember with russia, don't go too broad. remember this? >> it was a witch hunt. >> wasting it all on this witch hunt. >> more the sense of a political witch hunt. >> now you want it as broad as it can be. why. because be you're playing the game. he's told two stories about one phone call. he was never going to be if favor of doing what the boss doesn't want him to do. he's already told you what he thinks the purpose of congressional vinsinvestigation are. remember when, benghazi.

>> you'll see a conservative speaker that takes a conservative congress that puts a strategy to fight and win. let me give you one example. everybody thought hillary clinton was unbeatable, right. we put together a benghazi special committee. her numbers are dropping because thooes untrustable but no one would have known any of that would have happened. >> i agree. >> of course he agrees. that was six years ago. he told you what he thought invae investigations were about. political attacks. why would he want to be part of one now? he's got one goal. i want to be speaker. he believes he has one way to get there. trump. that's why this is all about the game. see it for what it is. don't forkis on the players. hate the game. from that, mockery we turn to

the injustice being committed against the election in the name of advancing the interest of the same lie. one of the most outlandish claims in the arizona fraud it just got debunked. why are some republicans still bent on embarrassing themselves and their state? we'll talk to one who is standing up to his own party. what does it mean that he stands up? what is the destiny of the big lie as it fills a coliseum? next. how great is it that we get to tell everybody how liberty mutual customizes your car insurance so you only pay for what you need? i mean it... oh, sorry... [ laughter ] woops! [ laughter ] good evening! meow! nope. oh... what? i'm an emu! ah ha ha. no, buddy! buddy, it's a filter! only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪

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why is what's happening in arizona a fraud it? here is an example. a auditeders demanded a hearing to get information they claim were deleted from maricopa servers. theygiving a big lie. they may look at down ballot races. races that include the county supervisors who are calling this mess out. that includes my next guest, clint hickman. not too subtle there. now we're looking at your races. you get the message? >> listen, anybody can look at

my race. i seem to be pretty popular in my district. have at it if you'd like. i represent a lot of people in the west valley and laep to do it. proud to do it. >> you're not a real member of the party. you're not real member of the party if you don't think that this audit had to go forward because the election was stolen. if you don't believer that, there's something wrong with you clint. you want to be on that list ? >> thanks. you're bringing up history now. i was chairman of the board for a years's time during pandemic that featured three elections, the presidential primary election, the primary election and the general all during a pandemic. i believe strongly as governor doocy told president trump, arizona runs great elections and

maricopa county is larger than 13 states. we have our elections down pat featuring great people, multi-generational workers in that department. a supervisor that spent 13 years of his life, i'm not quite sure of that, working in the elections department before he went onto the legislature. became a state senator and then came up to the big leagues and went to maricopa county supervisor. >> if you believe things were down well, why does the senate republican contingency want to expand? why does the governor sign a restrictive new voting law? do you think they just don't believer you or is this about something other than the facts? >> the governor and the legislature and the laws that they make that's something that they do. county does not make laws. we enforce them or put them into place when we talk about elections or zoning and other

things. i sent a letter -- we -- i asked to stop the rhetoric that i will tell you yesterday with all of the county elected standing together, democrat and republican, answering some supposed partial findings to this audit should tell maricopa county and the united states voters we believe strongly in the election we ran and we believe strongly and support the people that ran it. >> it's very important that real republicans stand up for what you say your party is about and tell the truth where the frtrut is a matter of principle, not party. i'll take a quick break. we're getting together some breaking news you'll want to hear on an important

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investigation of the trump organization. that is in addition to the ongoing civil probe already started on the state level by the ag. the ag probe into the trump organization will continue as a civil matter as well as it has to deal with how valued assets were handled. to do with how valued assets were valued, inflated in trump org employees were compensated. lawyers for the trump organization haven't responded to request for comment. in the past they said it's politically motivated. the move signals, at a minimum, a new set of concerns which i will explain as we bring in van jones for a two-for tonight.

one quick beat on this. when things evolve from civil to criminal it's not good. it's just as likely that the da's office reached out to the ag's vice versa to say we'd like more resources on this, to get a combined understanding. in the read out it says the ag has staffers guys deep knowledge of the trump org and trim law working now with the da's team, what's it sound like to you? >> sounds like bad news for the trump organization. lettishia james is one of those no fear no favor attorney generals. she's tough. she doesn't play around. so i don't think she'd be doing this as a stunt. she's not the kind of person do this just for the head lines. i think this is a very serious development. >> now let's talk about another serious development. andrew brown jr. was justifiably shot and killed by police according to the district attorney who very much sounded

like somebody who was not looking to get police investigated for any criminalality. >> right. >> the video he showed was uncompelling. here we are a year after george floyd what was supposed to be a water shed moment in these situations. what do you make of it. >> basically, it is exactly what happened in the george floyd situation, don't forget, the local prosecutor didn't want to do it, the local prosecutor was trying to throw the case but in that case the governor took the case and gave to the state attorney general keith put on a masterful show of force and got the cop convicted. we're back where we started, the local process youtahor local prosecutor doesn't want to put the cop in

jail, the local prosecutor just doesn't want to do his job and no one from the state has stepped in to take the case. >> interesting the da took time to talk about andrew brown jr. this guy was a known drug dealer, assault with deadly weapon going back to 95. was a merchandise in 2001 by the was a misdemeanor in 2001. i'm looking at data from the hamel project bookings and rates of drug use and sales by race, this is going to surprise people, drug use, you will see a lot more whites than blacks. >> right. >> selling drugs, about the same. >> even steven. >> prosecutions, the chance to be incarcerated for drug-related crimes, put that up. >> look at that. >> all right.

now the dark one represents dark people. the lighter one, lighter people. >> right. >> and there it is, drug related arrests. drug-related incarceration. drug-related incarceration, federal and state. what's the story of the bars. >> people have gotten really frustrated with the term systemic racism. what's that mean? this is what we're talking about. you just saw you literally have the same behavior, worse in terms of white folks, same in terms of sales, but by the times the cops decide hey i'm going to look at these black kids what are they doing in the park, they're not looking at the white kid who's may be doing the same drugs and the judge says i'm going to be tough on the black kid. you lined up with sometimes two, three, four, even six times the rate of incarceration for the

same behavior. four or five or six times the race of incarceration for literally the same behavior. so the government will tell you the behavior is the same and then you go to prisons and it's completely out of proportion, that's systemic racism. every step along the system it's worse to be black than white. by the time you get to the end of the pipeline you got prisons full of black and brown folks for doing stuff white people get away with in country clubs, college campuses, barbecues, everything else, they're not going to prison at the same rate anywhere near as what up saw with black and brown. >> here we are a year later and we thought the tape would save the system and create transparency for officers and the community and here we have a da who won't review the tape and weird state law won't allow to be public and

is fostering outrage in a situation that's desperate for calm. we'll stay on it, it's the only way to get to a better place. thank you, brother. >> thank you. >> we'll be right back. struggling to manage my type 2 diabetes was knocking me out of my zone, but lowering my a1c with once-weekly ozempic® helped me get back in it. ♪ oh, oh, oh, ozempic® ♪ my zone? lowering my a1c and losing some weight. now, back to the show. ozempic® is proven to lower a1c. most people who took ozempic®

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you gotta see the game it's being played all around us and it's as bad as i've ever seen it, it feeds into literally every problem we face, the good news, we got one place to make a huge change, thanks for watching. don lemon with its star d lemon. >> you better get it right. >> i did. >> last night you messed it up. my mom's not happy. >> what did she say. >> she said chris messed up my show i'm not happy, he's getting a spanking when i see him. >> she said they're going to call it not cuomo's network. [ laughter ] >> you're right. it's all around us. i was listening to a little bit of your program today and others. everyone -- a number of the callers who called in today were saying, i thought the craziness