so if anything happens through the night it will be here. and dvr us if you cannot watch us live. >> the o'reilly factor is on. tonight. >> group of 15 or 20 trying to mash their way, in when that doesn't work, out come the guns. the men literally shoot their way into the store. >> gunshots looting, chaos, that describes ferguson, missouri at night. even the national guard's presence has failed to stop the rioting. can anything be done to bring the situation under control? we'll investigate. this president has been treated differently than others. for some, there is a racial animus. >> federal agents are flooding ferguson conducting their own investigation into the brown shooting ahead of holder's arrival tomorrow. is he really the right guy to help calm racial tensions there? >> there is a war on black boys in this country. in my opinion there is a war

on african-american men. >> more inflammatory rhetoric flooding cable news. is the media fueling the fire in ferguson? we'll analyze. we'll also have breaking news on a report of a horrific beheading of an american journalist in syria. caution, you where it enter the no spin zone. the factor begins right now. ♪ ♪ >> hi,everybody, i'm eric bolling in for bill o'reilly. let's get right to the story that rivets the nation as we speak. embracing for 11th night of unrest after the fatal shooting of michael brown. last night's effort to restore failed as reported by our affiliate tvvi. >> you are not credentialed media, you need to disperse immediately. or you will be subject to arrest. >> that was a volatile scene

last night on, police used smoke bombs and tear gas to break up the crowd. johnson says the protests were okay until about the:40. that's when about 200 chanting protesters started walking towards police on west at ferguson. johnson says bottles were thrown from the crowd at the officers. police then stepped up their response. johnson says two people wound up being shot, not by law officers, but by others in the area. however, johnson tells us officers did come under fire. four police officers were hurt when they were hit by rocks. >> all right. our own steve harrigan is on the ground. you saw the first of all before we get to how it looks tonight. talk to us about those protesters, i'm sorry the rioters and looters last night. 78 arrests not all from the missouri area, right? >> that's right. 78 arrests. just three of them here from

the town of ferguson. some concerns from police that rioters are using the demonstrations as a cover. a cover to launch some attack against police. at the same time though, it's got to be said there are a lot of demonstrators who are trying to keep people on the sidewalk and the peace. right now we just saw a woman like a 60-year-old woman flex cuffed on the ground. she stopped walking and was in the street. if you stop walking at these protests you will get arrested in seconds flat, eric. >> there was another officer-involved shooting about four miles away in the stiff st. louis. have those protesters that you are at ferguson have they heard about it and are they reacting to that shooting? >> they have heard about it. but you it hasn't spiked the violence like you might expect. but it's about, you know, 9 a degrees here during the day. the real action stars at it it. so it's too early to tell whether that second shooting again, a young african-american male who was armed with a knife against police, it's too

early to tell whether that will stir things up or not. we haven't seen any effect here on the ground. >> and also you had mentioned that there is a potential for what you classified as a day. can you tell us what that is all about? >> it's about later this week on thursday, perhaps this movement will go national. several different cities a day of rage. but also looking ahead, it looks like monday is going to be the funeral for michael brown and that could be a major event as well. so this protest could have legs. now, on all sides, there have been encouraging people not to come out otonight. community leaders and police after the gun goes down, it looks like we have a half hour of sunlight left. a test to tell whether they will come out again tonight or not, eric. >> now, steve, -- you have some people in the background, they kind of give you a little bit of a rough time last night. do you expect the same tonight? >> you know, it's a tricky situation.

there is all different kinds of people in the crowd. they can hear what they are saying. if they don't aagree with what you are saying they let you know. it's possible. >> okay. all right. steve, we're going to leave it right there and say thank you very much. community leaders were also in the middle of the protest last night doing their best to keep the peace. joining us now from ferguson is one of those local leaders, bishop edwin bass, the church of god christ. president obama yesterday came back from martha's vineyard to washington, d.c. and said he was sending attorney general eric holder to the area. that didn't keep the peace. no offense, sir, how is the local bishop going to keep the peace? >> well, i certainly believe that we should try. and we have a number of clergy out in the community. i'm certainly not out there by myself. out there trying to speak to both sides, trying to speak to both law enforcement and trying to speak to the

protesters, out on the street and all we can do is try with the hope that it will bear some good fruit. but wouldn't it be not a good idea to sit back and just let things take care of themselves without some effort. >> bishop, all i keep hearing from the protesters and attorneys for michael brown and the family, they say they won't stop until they have justice. but they define justice as an indictment. or an arrest of officer -- of the officer involved in the shooting. if there isn't an arrest right away. will we continue to have violence every night? >> well, again, my hope is that we will not. that the community will continue to do things, make adjustments in our strategy in the hopes that we will reduce the violence in the community. obviously, it's going to take some time for the wheels of justice to grind. and get to the point of even indictment and ultimately of some adjudication. so, we are working during that period of time in an effort to bring some peace

to the community. >> bishop, the likes of reverend al sharpton and reverend jesse jackson, does that help or hurt the situation in ferguson? >> well, let me answer that this way. i believe that everybody is struggling, trying to find a solution to a very difficult situation. i believe those people, as well as the people here are trying to do that. i really don't want to get into a discussion about individuals, other than to say that simply all of us, i think, want the same thing. we want peace, we want justice in the community. we want the community to return back to its normal operations. we want businesses working, people back to work. and anybody that can facilitate that, regardless of their ideology, regardless of their color, we are welcoming those people into our community. >> okay, bishop, if that's the case, the new black panther party was actually calling out a chant kill darren wilson, kill the officer. would you tell the new black panther party to leave the

area and come back to wherever they came from? >> i would not do that. and here is why i would not do that. again, the goals of my organization and me personally are to speak to the issues of peace and of justice. what we don't want to do is inflame the already high passions that are operating in the community that's really not my place. >> sir, i apologize, i don't want to interrupt you, aren't they in fact flaming the high tensions in the area by saying kill an officer? we don't know what the facts are yet. >> well, i have not heard that first of all. and, secondly, again, we are focused on our agenda. and our agenda is one of reaching the community to preach the message of peace and justice. we're not called to put everything in order. we're not called to correct other people's points of view. we are called simply to deal with the issues and the agenda that we have. >> all right, bishop. we're going to leave it right there and say thank you very much, sir and an

important programming note nor all factor viewers. bill will be back tomorrow night with more powerful coverage of in ferguson. you don't want to miss that show. a local business violent aattack as looters ran sam the streets of ferguson. you will hear from the owner of that store coming up. to stay. while a body in motion tends to stay in motion. staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain, and improve daily physical function so moving is easier. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases

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get up to 60% off hotels on hotwire ♪ . continuing now with top story, the unrest in ferguson, missouri, take a look at this disturbing video from the area sunday night. security footage shows a bunch of looters opening fire on a local business and ransacking. it's a total devastation. here now is the co-owner and manager of that business. tell us a little bit about what happened. you were closing up around 10 chock on sunday night. and then what happened? you see people in the parking lot? what do you hear? >> well, we were close enough because we heard people kind of moving down towards the street we got

looted the sunday before, that. that was starting one of the guys i work with we should close down now and get out of there and then two minutes afterwards, i get a phone call from the security company saying that we have glass breaking, alarms going on and they were asking me -- send the police, i said go ahead. i was trying to turn around and get down but the police had the road blocked off. i ended up going back home and my dad was sitting at home watching -- we got surveillance at home. he could see the whole thing going on and it was just devastating. >> you were actually watching your own store being -- gunshots to the front window of your store. the break. in looters running in, stealing your property, you are watching this all unfold on a closed circuit television? >> yeah.

and it was -- what was frustrating it was like watching live tv because it was live. we tried to call the police to see if he this could hurry up and get there. i know they would have at least arrested 20 people because there was 40, 50 people in the store at one time, but they justner made it there. >> and your father is watching. your father is a co-owner with you. he is watching this happen as well? >> oh, yeah. we were there sitting. i don't think we spoke to each other for two minutes just staring into the screen for -- with frustration and we were thinking, i don't even know what my dad was thinking but i was looking at him and i could tell he was devastated, mad, sad, all types of emotions going through his body. >> and what about you? were you worried? did you watch that and say i was two minutes ahead of that if i spend two more minutes there there are gunshots coming through my window maybe you could have been hurt or another employee that was with you?

i definitely thought with it i don't think i realized it at that time. i'm very happy that i closed off the store about 10 minutes before. because what's in the surveillance over and over again. they fired 10 shots into the store. so many emotions going through my mind. i can't even put words into it. it's very heart breaking. what does the store look like after that break in and rioting. >> we have the whole store boarded up. all of the windows were broken. and each ourselves afterwards. we had the close. we are not only until 1:3 o

we are only open until 8:00 the at night. we don't want to be there after dark. we still want to keep it going for all the good people in the neighborhood we are appreciate everybody who is still supporting us. >> i have got to go right now but the cost. do you have any idea how much this is going to end up costing you? >> we're still -- i actually just got here from a store and we are still trying to figure out how much it's going to be with all the fire damage and everything we had to throw out. and going through the videos and see how much they stole. we are up about auto thousand dollars. it's ridiculous. >> thoughts and prayers go out to you, sir. thank you very much. plenty more ahead as the factor moves along this evening. is it legal on how the conflicting accounts of michael brown's death will play out in court. first eric holder heading to ferguson to help out the investigation. is he the right guy for this job? stick around for those reports.

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and get the fastest wifi included. comcast business. built for business. in the factor follow up segment, as we told you last night. president obama is dispatching attorney general eric holder to ferguson to help the local authorities investigate the shooting of michael brown. but, at his arrival tomorrow. many people are wondering if holder is the right person to handle this racially charged case. remember these controversial remarks about race relations in america? >> though this nation has probably thought of itself as an ethnic melting pot, and things racial we have always been and we, i believe, continue to be in too many ways essentially a nation of cowards. >> here now with perspective fox news analyst kirsten powers. kirsten, eric holder has become the most visible civil rights activist in the country. can he be fair and balanced and administer balance on a race case like this?

>> absolutely. i don't know why you think he wouldn't, eric bay those comments? you asked. he weighed in on the trayvon martin case. i believe he said my father and i used to walk through supermarkets or retail stores and get frolled simply because we are black. he clearly has some sort of emotional attachment to those scenarios. will he be fair if he administers justice here. recalls something that happened to him as a black man? that's not problematic in my mind and also what he said in that speech he was later -- he later talked to another about that speech and clearly talking about the fact that we have still in the been able to speak honestly and he was talking about all people my beef with eric holder is not that he recalls something this happened 20 or 30 years ago. my beef is that he chose to weigh in on trayvon martin

case. is he go to ferguson, missouri. i live in a town nearby here where a man was coming out of the mall. he was shot by four black men. i didn't hear anything about that. i live in a town where my son goes to high school with a young white male, 19 years old go, toes college, comes back from college is gunned down by four black men also. i didn't hear them weighing in on those. that's my issue. >> i'm sure you are not comparing a bunch of criminals to a police officer, are you? when you could these comparisons, when a police officer does something, it's not the same thing as when a criminal does something. so i think there is a different level of analysis that goes on here if there is a black police officer that shoes an unarmed white 18-year-old eric holder is going to go to that town also and weigh in. >> i think that would obviously be terrible if it was an unarmed person. i also think that there is a history of racial discrimination in this country and you seem offended when eric holder

acknowledges that. and i don't quite understand that? not offended, just pointing it out. >> you think it's a problem. what he is saying is a fact. >> let's move on a little bit. if eric holder does not deliver an indictment of offers for darren wilson, won't we have more violence in the streets of ferguson? >> i hope not. hope flip we can find peace in situation people not justifying will thing. that should not be happening. people are wondering. it we we have been very sles to got facts. that is not helping the situation so so president obama is so interested in making this area calm down. why doesn't he go himself? >> so you don't want eric holder to go but now you are mad that barack obama is going. i feel like -- yontz either

one to go. you are the one that said send eric holder. if you really want peace in the area. if they're not going to listen to eric holder maybe they will listen to president obama. >> he is the head of justice department. >> do you know who is the head of him? >> would you do need the boss to go? the point is he is the head of the justin department and the governor asked the justice department to get involved. he this are getting involved. i think that's a god thing. yonel that president obama needs to go. boy would the think the this the would do that. >> all you said is i didn't think eric holder needed to be there. but since the is going to be there. >> conflicting adowns enwhat happened between michael brown and officer wilson.

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with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week. thanks for staying with us. i'm eric bolling in for bill o'reilly. in the is it legal segment tonight, a grand jury will begin hearing from witnesses about the shooting of michael brown. so far there seems to be conflicting accounts of what exactly happened. according to a friend of officer darren wilson he and brown struggled as wilson tried to get out of his car. eventually the officer's gun went off. listen. >> michael takes off with his friend. they get to be about 3 are 5 feet away. and of course

>> eyewitness crenshaw recounts the scenario differently. >> i witnessed the police chase after the guy full force. he was not armed. he ran for his life. he they shot him. he put his arms up to let them know he was compliant. they shot him twice more and he fell to the ground and died. >> kimberly gizelle. help us out here. we have two very conflicting stories. one eyewitness and one hearsay firsthand though, right? >> that's exactly what happened. that's why a grand jury is convened. you bring in all of these eyewitnesses in. a grand jury, a group of people larger than a regular jury. come, in their standard is

lower. there is probable cause not yard to hand down -- beyond a reasonable doubt to hand down indictment. autopsy reports there are going to be at least two or three at this point autopsy reports, bring that for the grand jury. is there a charge? what they are going to be looking at is did the officer use excessive force? that's the legal standard, excessive standard. what was going on in his brain at the time that he shot brown? did he think that brown was fleeing? did he think that brown was fleeing from a flown. threat to himself or brown or someone else? >> now, k.t., officer wilson's friend's account,ing my call brown bum rushed the officer, why is that important? was the officer fearing great bodily injury or death put with his life in danger, the fact this was an individual capable of in fact committing more violence. someone in the act, commission of committing a felony against the officer by attacking and beating the

officer a counted is very important. can you say this all happened in a matter of seconds. the officer has a right to be able to protect himself just because you are an officer and carry a gun, doesn't mean you have to go home in a casket that night. you have to make those decisions on the spot this will go in front of a grand jury. the grand jury can consider hearsay evidence. >> absolutely. >> however, the officer will be asked and allowed to submit. counselor. >> talk to me about this county prosecutor. i have read that there are people in the area on the michael brown side who are saying this guy should be be recused from this because he has allegedly has a father black men they feel that would invalidate his. >> probably not enough to recuse him from. this unless there is some pattern of behavior in his

past not enough on its face. otherwise you would have judges and lawyers reciewsed all the time. prosecutors i don't think that's enough. >> prosecutors take up, take an oath to uphold the law, follow the law to not put on personal opinions i believe this officer will do that prosecutor will put it forward. >> a lot of people are making a lot of hands up. i remember the attorneys getting in front of a microphone saying hands up, it's the international sign of surrender. i'm not sure one eyewitness account says hands up. not evidence, it's just testimony. exactly. that's why it's very important to marry it up with the different autopsy reports. was he fleeing? were the hands up. different versus the bum russia we're also hearing from other eyewitnesses. >> also the injuries that the officer sustained are going to be where are they?

orbital shattering. we don't have definitive facts on that. >> none ofs have you definitive facts. >> we were talking about we, the public. that's not what's pertinent in front of a grand jury. the grand jury is told a sacrosanct secret proceeding. >> the grand jury will be made of all of this evidence tomorrow. >> not in one day. a they making a decision on indictment tomorrow? >> no, submitting the evidence and it may take a month and it make take two months. >> who knows? they will get the informatyon that we are not necessarily getting. >> he we might get rioting and looting and protesting until they make a decision. >> definitive answer quickly here there are too many conflicting statements. all of that is going to have to go forward. >> medical testimony. try to match up the forensic evidence. the pathology reports. toxicology reports. >> aren't we going to get an indictment? >> probable cause, is there enough to proceed against the officer saying he used

excessive force. kimberly and i can't handicap it right now because we don't know what the grand jury is going toker harassment depend what they hear. >> indicting him doesn't mean he is guilty though. >> no, it's a probable cause standard. >> probable cause standard more likely than not. >> this is a dumb question. i will admit this fully. was there incollin nation to indict the officer? again, that doesn't mean he is guilty, just to calm things down in the community? >> i think it depends quite frankly on the grand jurors select and whether they truthfully uphold their oath to follow the evidence.d&rr >> would that be illegal toczgb indict to keep the peace? it should never be that way. >> everyone is talking about this story]ofd and least, thank you very much. just a quick he reminder. everyone should check out bill o'reilly.com. premium double discounts k. g. also the sale on america's most prized historical

documents will soon end. suitable for framing at a great price. so hurry. coming up on the factor, have some in the media gone too far in the michael brown. some of the more outrageous things that have been said. that's coming up. comes without a prescription for frequent heartburn. get complete protection. nexium level protection™

a factor investigation tonight into the media's coverage of the michael brown shooting. take a listen to some of the outrageous things that have been said. >> but there is nothing going on on this street right now this scene out of bag yam. nothing. >> i don't have an answer that is palatable to be able to look at my children in the face and say there are people in this country who not only do not like african-americans, but they despise black men. there is a war on black boys in this country. >> america does the right thing when there is no alternative. >> i hope. so because it is going to turn ugly if it doesn't stop. >> went on to say black men had no rights when the white man was bound to respect. no rights. which the white man was bound to respect. >> joining us with reaction from washington the host of media buzz howard kurtz and prosecute minneapolis. you say the media is an a absolutely inflaming the

situation. what do you mean? >> this media invasion in ferguson i think is inflaming the situation because all the agitators want the exposure they see the bright lights, they see the correspondence. some of them are making a name for themselves or openly siding with the protesters and lauren it's become a nightly reality show for tv. >> howie, i'm sorry, what are they supposed to do? not do their jobs? reporters are sent there to cover the story to cover both sides of the story. sometimes even at risk of their lives. yes, there are some cable pontificators who are pitting both sides against the other race, white, back, there are journalists on the streets who are doing a good job feeding us video. feeding us information. we never would have known, howie about the police officer who didn't know that michael brown was a suspect in a robbery unless a reporter had questioned the police over and over about this. >> howie?

some doing a good job? some grandstanding in my view. i was surprised to cnn's jake tapper say the police shouldn't be out there in riot gear because there was no threat. part of the polarization and this does get into a racially divisive case that reminds us too much of the trayvon tragedy. you have msnbc kind of acting as the michael brown defense network led by al sharpton who speaks with families. comments on the show. also have defending the police officer, darryl wilson based on equally fragmentary evidence. >> so let me ask you, howy. if we didn't have the media, we night not know that in riot gear. sometimes the media coverage actually helps the situation, no? >> oh, it's very important that reporters as eyewitnesses. i'm not saying they shouldn't cover this incredibly important story. but i think it's reached a point, lauren, can you

disagree with this, where the violence produces pictures. the pictures are good television. that is good for ratings. every night now, anchors are going down to say what will happen tonight? >> that's all kinds of stories. it isn't just a racially charged story that that happens to. journalism is about accountability. you have to show both sides. you have to show the looting. you have to interview people who are speaking out. you have to talk to the police. you need to do a job that shows both sides. guess what? the audience can then make a decision about what they think is happening on the ground. >> that's one of our mottos. we report. you decide, howy. you do a show called media buzz. if it there wasn't any buzz, how interesting is your show? >> well, okay, there is plenty of buzz this week to do a whole hour on it. i think also when you have not just the protest but the coverage of the michael brown killing you have again, the polarized coverage so that people on the left pounced on that private autopsy, aha,

michael brown shot six times proves he was executed. people on the right. this josie who called into a radio show he who said she was a friend of officer wilson, what do we know about her? >> but we don't know anything about her. i don't think nip we know her last name. is that right? >> that's right. i have a problem with this. i feel it is irresponsible to put someone on television who has heard that this might be the officer's point of view. that, to me, is a big problem because what you are doing is putting out information that isn't verified. in addition to accountability. >> we are in a whole new world though if fox news isn't doing it if the broadcast networks isn't doing it, another news service sitting there with a cell phone and camera and some reporter sitting there saying look what we are seeing here, guess what, the viewers want to know. they want to see. they want to know what's really going on on the ground.

right? >> but my mom always said just because johnny jumps off a bridge, are you going to do it? >> i see your point, eric. i get it. you do have to couch it and you have to say this is larry say. >> a lot of times we have learned. we have jumped to some the twitter stories that frankly aren't confirmed. all of us in the regular media, in the real big boy journalist media realized you have to couch, you have to clarify everything. thank you very much. by the way i always jumped off othe bridge with johnny. coming up, breaking news on the reported beheading of a journalist by isis terrorists. we will bring you the very latest on that disturbing situation.

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disturbing news out of sire. isis terrorists have reportedly beheaded american journalist james foley. foley disappeared in syria in 2012. he was on assignment for the global post news outlet. just a short while ago. a video surfaced on youtube allegedly showing horrific act. the u.s. government is working to verify authenticity. james foley was a guest on the factor in 2011 talking about a previous kidnapping he endured that time by the libyan government. here is a portion of that interview. >> we stopped qaddafi forces were very close. not a minute later, two heavily armed qaddafi pickup trucks came over the hill. >> do you stand there and identify yourself. >> no. what you did in that minute is fire was so heavy we pressed ourselves as far as we could to the ground. >> so he they were shooting at you. >> our colleague antwon hammer was killed. >> what did the rebels do. >> the rebels quickly turned and. >> and got out of there. you were on the ground. the rebels split.

qaddafi's guys come and they take you captive. >> that's exactly what happened. >> they put you in the truck and where did they take you? >> they took us to a safe house, basically a house they occupy, tied us up and told us, look, you aring to tripoli, we were initially captured punched, very young soldiers, very aggressive. once we were actually captured, the tension calmed way down. >> did they interrogate you? they interrogated me for six hours, initially, that kind of felt like a mind game. one guy would be playing good cop, one guy would come in yelling and saying we think you are a spy if this horrible video the youtube video we talked about earlier confirmed we send our condolences to the foley family. joining us now from washington with reaction to

this breaking news, national security consultant and author of the book the last line. lt. colonel anthony shaffer. colonel, i look at that interview and i look at that young man and blows me away. these isis terrorists are the evil isis terrorists are th evil of all evil, am i right? >> they are the anti-christ of terrorist organizations. just before going on air, i was corresponding with some of my muslim friends. they said, this is not the muslim faith. these people will kill anyone to include other members of the muslim faith. and this is where bill and i were talking about this last interview, this is not about iraq, this is not about iraq's future, this is about a terrorist organization which has designs on being the most ruthless terrorist organization on the planet who has territory, who has funding, and frankly have the intent to do harm to anybody and anything they can regarding the western world. >> they have other journalists.

this guy isn't a combatant, they took a journalist, held him for a couple years. i saw the video in the pictures, it was the most gruesome thing i've seen. these are not human beings who are carrying out these acts. tell us what their ultimate goal is, i mine, a lot of people are worried, do they have eyes set on the white house, on america? attacking america? >> what they're trying to do is consolidate their games. this is something i'm going to say this may upset your audience. we need to go into syria, this all happened in syria, by the way. these guys don't see a border between syria and iraq, what they're trying to do right now is consolidate their gains. they have a plan. they're talking about moving out to east and south. that includes all the allies we have. they intend to establish a strong base of operations.

they're going to try to attack new york city, washington, d.c.. there's no reason to doubt their intent. >> so as you point out, this journalist was taken in syria by syrian rebels, am i right? >> syrian rebels. you mentioned another journalist. apparently according to time magazine, his last tweet was in libya. this other journalist may have been kidnapped in libya and brought to syria. these guys are networked, eric, this is a big thing here. >> here's my point, though. >> okay, taken in syria by syrian rebels. a lot of people are saying we should be arming the syrian rebels. meanwhile, these guys end up splintering from the syrian rebels and they're worse than the syrian rebels or al qaeda. >> as the chief of egyptian intelligence told me, helping move pro al qaeda arms in libya, through turkey to pro al qaeda groups, it's not a good idea.

we had a hand in this. this is another reason we had to be taking severe military action. i'm not talk iing about a lot o boots on the ground. the model we use d to defeat th taliban can be used here. we have the ability to start walking back isis, we can't wait. you have at least one of the journalists, possibly two are completely in danger. >> i have to go. they're young, angry, focused and well funded that's the big problem. >> they are well funded and they understand the media, they'll be watching what we're doing right now. >> anthony schaffer, coming up. we'll go back to ferguson for the latest on what's going on there.

in the back of the book segment, let's go to our fearless reporter on the ground. mike, please. >> the changes this evening, first of all, they put a big chainlink fence up around the property of the quick trip. that's going to prevent people from congregating here. it's increased from during the day. as the sun goes down, the numbers always increase. as we see, some people are stopping to look largely because you have a large team of tactical officers and those guys are from st. louis county. these are the tactical teams. we watched them get up koes and

personal. the narrative is that they had nonlethal options to stop him. why did they have to kill that guy? that's what we hear from the demonstrators out here. >> as far as the law enforcement goes, is it a bigger presence tonight than it was last night? last night we almost had the same scene, it looks okay so far. things blew up around 9:30, 10:00. >> as far as the presence we had at this time last night, about the same. not a huge group of them. they seem to be in groups of about a dozen placed strategically, if it gets to be go time again tonight. you can expect to see hundreds of them lying in the road. here is the scene that is repeated, people marching up and

down the side of the boulevard. >> there was an officer involved shooting four miles away in st. louis. has that attitude changed at all? have you heard anything? >> you know, i hear a lot of chatter about it, and it gets changed. a lot of people are accepting the fact that they -- the suspect did come at the officers with a knife, but they're -- they just keep repeating they had nonlethal options to go to. why didn't they shoot him in the leg, use the tear gas. it goes back to the preconceived notion that the officers are out to harm people. >> there's word of protesters coming from far away places like chicago, new york, l.a., texas. are you seeing that? >> you don't need to look any further than the arrest records from last night p.m. 78 people got arrested last night. of those 78 people, only four of them were from ferguson.

>> 18 were from out of state. all the rest were from different parts of missouri, and around st. louis. you want any more proof the people are coming from outside of missouri, it's all right there. and you can see them out here, can you spot the different people. some of them locals are out here getting very upset, that outsiders are becoming part of the process here. yeah, there are -- >> what do they want? at this point what do they want? eric holder's coming tomorrow. a grand jury's been called. what are they protesting right now so far? >> well -- >> at this hour? >> well, it changes. it changes. if you remember, at the beginning they wanted the release of the name of the officer. now they want the arrest and conviction of darren wilson. >> that's it. they may not be satisfied until there's an indictment and conviction. we'll have to leave it right there. the kelly file is on deck, don't forget, bill o'reilly will

be back here tomorrow. be sure to tune in. i'm in for bill. please remember, the spin stops here. we're looking out for you. breaking tonight. i'm megyn kelly, welcome to the kelly file. these are live pictures out of ferguson, missouri. violence continuing and escalating, 10 days after the police shooting of unarmed black 18-year-old michael brown. last night, some of the worst violence yet rocking the city. two people were shot, not by police. nearly 80 were arrested. tonight missouri's governor commenting on camera, demanding a prosecution and justice for michael brown's family. how about just justice, governor nixon? how about waiting for the grand