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the house approved legislation aimed at curving a rise of hate crime. the vote was 364 to 62. only republicans voting against it. it passed by a vote of 94-1 in the senate. it will go to president biden for his position. signature. it will create a new department of justice to over see covid related hate crimes. police in new york city say they are investigating an attack against a 40-year-old asian man told go back to your country. he was punched in the face and bitten on the left hand. i want to hand it over to chris. for cuomo "prime time." thank you very much. i am chris cuomo and welcome to prime time. you have to put your eyes on elizabeth city, north carolina tonight. demonstrators were on the streets and it's because of

today's decision by the district attorney that deputies were justified in the deadly shoot of andrew brown junior. 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 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. a case that tries for transparent. is cast in doubt by the lack of it tonight. 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 outrage is 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 assessment?

video, some you have might find it disturbing, watch for yourself and hear it is.

>> 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.

district attorney argues that 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 he driving away in way ta 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 investigation you won't 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 obvious to so many 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. doesn't want the public to see 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. 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 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 the information we have now, 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. in the heat of the moment. 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 conference 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. with the public 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 cite cases and 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 damage to 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. that doesn't quite support the narrative. >> it's not fair to the cops or the public. >> i don't get what's going on here. people want peace. 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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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 pick 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 officers, 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 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 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.

i don't understand justifying the decision without transparency. we're here for the conversation, we're not going away. thank you for being with us tonight. send my best to family. >> thank you. look, they can sound like democracy dies in darkness. 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 winds up being pervasive. now investigating domestic terror is controversial with the republicans or whatever you call them now. minority leader kevin mccarthy. 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

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investigate the capital take. -- attack. 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 negotiated with the democrats on what a commission would look like. he added mccarthy everything he asked for even numbers of parties represented. both sides get say. a say on subpoenas. 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 shortsighted 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 9/11, you 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. that's why mccarthy won't agree to anything. he's waiting for the mar-a-lago okay. 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 investigations 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 she's 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 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 focus 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. did you know you can go to libertymutual.com to customizes your car insurance so you only pay for what you need? really? i didn't-- aah! ok. i'm on vibrate. aaah! 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. auditeders demanded a hearing to get information they claim were deleted from maricopa servers. they were wrong. instead of acknowledging the obvious problem. they are looking to expand the circus. it's about giving 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, supervisor 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 -- happy 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 truth 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 investigation that involves the former president of the united states, next.

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that is in addition to the ongoing civil probe already started on the state level by the a.g., the a.g. probe into the trump organization will continue as a civil matter as well. it has to deal with how valued assets were handled, and whether they were inflated for one purpose, deflated for another purpose. her office, letitia james has been looking into matters whether the trump org improperly inflated assets to secure loans and obtain tax benefits as well as how trump org employees were compensated. lawyers for the trump organization haven't responded to request for comment. in the past they've said it's politically motivated. but this move signals at a minimum a new set of concerns, which i will explain as we bring in van jones for a two fer tonight. one quick beat on this. look, when things evolve from

civil to criminal, it's not good. it is just as likely that the d.a.'s office reached out to the a.g. as vice versa to say we'd like more resources on this. >> right. >> let's see if we can combine understanding. and in the readout, it says the a.g. has a couple of its staffers with deep knowledge of the trump org and criminal law working now with the d.a.'s team. what does it sound like to you? >> it sounds like bad news for the trump organization. letitia james is one of those no fear, no favor attorneys general. she is tough. she doesn't play around. so i don't think she'd be doing this as a stunt. she is not the kind of person that would do this just for the headlines. i think this is a very serious development. >> now, let's talk about another serious development. andrew brown jr. was just 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 criminality. >> right. >> the video he showed was uncompelling, and here we are almost marking a year after george floyd that was supposed to be a watershed moment in what we demand in these situations. what do you make of it? >> well, it basically, this is exactly what happened with the george floyd situation in that -- don't forget in that case the local prosecutor didn't want to do it. the local prosecutor was trying to throw the case. but in that situation, the governor stepped in, took the case from the local prosecutor and gave to it the state attorney general, keith ellison, who then put on a masterful show of force and got the cop convicted. in this case, we're right back where we started from. the local prosecutor doesn't want to put these cops in jail. it is obvious that this guy is driving away when most of the shots were fired. but the local prosecutor, just like in george floyd just doesn't want to do his job.

and the difference here is that despite all we've been through the past year, nobody at the state level has stepped into this point to take the case away from the local prosecutor. >> it was interesting. the d.a. took time today to talk about andrew brown jr. >> right. thinking guy was a known drug dealer, assault with a deadly weapon, assault going back to '95. the lawyer for the family came out and said that was a misdemeanor in 2001, by the way, for what it's worth. i'm looking at data in front of me from the hamilton project brookings, and rates of drug use and sales by race. this is going to surprise people. drug use. you'll see a lot more whites than blacks. selling drugs, about the same. >> even steven. even steven. >> prosecutions, the chance to be incarcerated for drug-related crimes. put that up. >> look at that. >> all right. 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 is the story of the bars? >> well this -- supreme gotten really frustrated with this term, systemic racism. what does that even mean, systemic racism? this is what we're talking about. you just saw that you have the same behavior. literally the same behavior. worse in terms of white folks. same in terms of sales. but by the time the cops decide hey, i'm going to look at these black kids over here, what are they doing in the park? they're not looking at the white kids over there who may be doing the same drugs. and the judge says well, look, here comes a black kid. i'm going to be tough on that black kid. you wind up sometimes with two, three, four, sometimes even six times the rate of incarceration for the same behavior. i didn't say 20% more or 5% more. sometimes four or five or six

times the rate of incarceration for literally the same behavior. so the government will tell you the behavior is the same, and then you go to the prisons and it's completely out of proportion. that is systemic racism. every step along the system is worse to be black than white. so by the time you get to the end of the pipeline, you've got prisons full of black and brown folks for doing the same stuff that white people get away with in country clubs, yacht club, college campus, backyard barbecues and everything else. they're not going prison at the same rate anywhere near you see with black and brown. >> and here we are a year later where we thought the story was what the tape will save the system, and it will create transparency for officers and for the community that they place. and here we are with a d.a. who won't refuse the tape, a weird state law that won't allow it to be public. and what he offered up today is a suggestion of his own conclusion, can only foster outrage in a situation that is

at best desperate for calm. van jones, we'll stay on it. we'll keep watching it because it's the only way we get to a better place. thank you, brother. >> thank you. >> we'll be right back. 100% online car buying. car vending machines. and now, putting you in control of your financing. at carvana, get personalized terms, browse for cars that fit your budget, then customize your down payment and monthly payment. and these aren't made-up numbers. it's what you'll really pay, right down to the penny. whether you're shopping or just looking. it only takes a few seconds, and it won't affect your credit score. finally! a totally different way to finance your ride. only from carvana. the new way to buy a car. not everybody wants the same thing. that's why i go with liberty mutual — they customize my car insurance so i only pay for what i need. 'cause i do things a bit differently. wet teddy bears! wet teddy bears here! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪