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 jury to tell us whether a

prosecution is in order here. we will get to all of that in moments. first, a horrifying message for america from the terrorists in iraq. islamic extremists releasing a new video, claiming to show the beheading of an american journalist. and now threatening to kill another american in their custody. fox news has learned the video is being analyzed by a special group within the u.s. intelligence community, we cannot yet confirm its authenticity. we took this message from the video. the man in orange is said to be james foley. we will not be showing you the video. foley was reportedly kidnapped in syria in 2012. the video shows foley kneeling beside a man dressed in black. foley reads a message written by his captors, nor will we be repeating it here. and then the video shows the man in black be heading foley.

we have an exclusive with former cia and nsa director mike hayden in a moment. first, our chief intelligence correspondent is live for us tonight in washington. >> fox news has been told there's little reason to doubt the authenticity. what is the -- there's a sense that something like this was coming because of previous threats from isis, directed at foley who had been working in syria. a video has been taken seriously. in a statement, a national security council spokeswoman said, if genuine, we are appalled by the brutal murder of an innocent journalist. we express our deepest condolences to family and friends. we'll provide more information when available. according to the website where foley worked, the video was uploaded to youtube late today.

and then removed. the killing of foley is in retaliation for the recent air strikes by the united states. on a facebook site prejames foley, a brief message was posted tonight in response to a flood of questions. it simply says there are no hard facts yet asking supporters to keep the foley family in their thoughts and prayers. in addition, fox news is told there is evidence, significantly that isis has at least two other americans in their custody. in a recent interview, the head of the defense intelligence agency who just retired, when al qaeda's ideology is growing in an exponential way, isis is this manifestation. >> katherine, thank you. shortly before we came to air, i speak with general michael hayden in an exclusive interview. he's a former director of the nsa and cia. general, great to have you here on such an important night. not only did they reportedly

kill james foley, but they have another journalist who worked for time magazine among other publications, who they are threatening will meet the same groups in faith if they don't change their policies in iraq. this man's life they say depends on president obama's next decision. had is terrorist rhetoric, and yet they need to be taken seriously, given what we saw today. put it in perspective for us, please. >> it's not just terrorist rhetoric, it's terrorism, the literal definition, the killing of innocence for political effect. that's exactly what this is. i can imagine what's going on inside government right now, they're trying to confirm the video, actually more or less they're trying to look for evidence to make it not true. and they probably won't find that. they'll quickly determine it is true, and now they need to figure out what to say about that, i don't mean to say they're being manipulative or evasive, it's really important

what the american government says. there are a lot of audiences for the next american statement on this not just isis, but our iraqi and kurdish friends as well. >> how big are the stakes right now? >> the president articulated a policy. which is very limited. at least in the way he described it. we're going to prevent again side, protect americans in iraq. the american support for the kurdish iraqi move, that actually had american air power in close support to an offensive operation. we have already gotten beyond the president's rhetoric in terms of what it is we are doing on the ground in iraq. frankly, my point of view, we need to do more. preventing again side is a ver tu. protecting americans is a virtue. we have a fundamentalist radical state in the middle of the middle east.

we can't let that stand. >> what are we going to do about this other american who is under threat right now. >> that's why we have to be careful with our messaging. i'm a little more free to say, we have to look to the broader interest in the united states. we have to look at all sorts of lies thaare at threat in iraq. >> we traded top taliban soldiers for an american soldier. there is an interest of saving the lives of americans, even if it might be to the overall potential risk of america, it has to be a calculation, but what would the analysis be here. >> is there anything we can do to prevent it? i don't know what kind of intelligence we might have. >> do we have any idea where it's being held?

>> i doubt it, but if we did, given the current circumstances, you might be more embracing of risk, given the circumstances that we now have. >> who would make that call? >> the president. >> who would be making the recommendation. >> the chairman of the joint chiefs. >> do you believe they're game planning this right now? >> you have to have information -- this is all theoretical. >> how significant would this be? >> the rest of us are obviously following this closely, how significant an event is this? >> our government despite that kind of popular thought that it's a black box, is comprised of human beings. very emotionally affected by this, we were chatting before we went on the air, that iraqis have been be headed. this seems more personal.

this is one of our own, this is -- this is someone from our own village, from ham happen. this affects the people in the situation room and in the oval office, the way it affects you and me. they -- this sets high emotional impa impact. i remember what it was like when we saw daniel pearl had been killed by khalid sheikh mohammed. >> there was a time in this country where this was happening, and it changes the -- it changed public opinion to some extent about what we were doing over there, because it was so gruesome, and beyond the capability of the average person to understand the barbaraism. what should the mission be?

>> fundamentally, what we've seen with this video is the character of the islamic state. do you want that to continue to exist and thrive and grow and be able to threaten other americans? other westerners, other moder e moderates throughout the world? that's the fundamental question we face as a nation. >> you know there are many people in this country who believe this wouldn't have happened, he wouldn't have been be headed. they wouldn't be under threat as we are now if we hadn't started bombing iraq again. that's how a lot of people think, and they hear you saying, we need to be more aggressive in the operations. we will be experiencing more of this if we do that. >> this group tied this murder to american policy in their rhetoric. now, do you think, does anybody really understand the situation in iraq that this group is not

coming after us? is not coming after the west? is not coming after muslim and arab moderates? they have said that, they have made that very clear. and so frankly, megan, i know all about the war. i'm tired of war myself. this may be a question of pay now or pay later. paying later may be a hire bill. >> general hayden, thank you. we may get a written statement from the white house on the murder of james foley any moment now, we will bring that to you when it happens. plus, we are watching the protests grow in ferguson, missouri, as attorney general eric holder prepares to visit ferguson tomorrow afternoon. we will look at what the attorney general may be able to accomplish here as he unleashes the full resources of the department of justice on this town. we're hearing new reports on what happened with michael brown on the day in question.

those new details and the statement we told you about from the governor, we'll have that in a little bit coming up as we continue. >> michael just bum rushes and shoves him back into his car. punches him in the face, and then of course darren grabs for his gun.

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to begin hearing the case of michael brown's shooting death. we're getting new reports on what happened to the officer involved in that confrontation. trace gallagher is live with detail details. >> under missouri law, the officer has the right to tell his story to a grand jury. a source close to the police chief has confirmed to fox news before he was shot to death, he punched officer wilson in the face. the punch resulted in an orbital blowout or a fractured eye socket. we have not been able to confirm that, but the police chief did say this, listen. >> there are some reports that there was an eye injury? >> yeah, well, the side of his face was swollen. >> after michael brown punched

officer witnessen, they struggled for the officer's gun. it went off. brown ran and then turned around and began coming toward officer wilson. wilson who was already dazed began firing, michael brown kept coming until the final shot struck him in the head. a report that a dozen witnesses corroborated, has not been confirmed, but some witnesses did see brown moving toward the officer. they were heard on cell phone video saying, the dude was still standing and i'm thinking they were missing him. the police shot him, the dude started running coming toward the meets. the autopsy shows michael brown was shot six times. >> before i let you go, i want to tell the audience that reporter who said 12 witnesses corroborated that police account had to walk that back later.

she does not stand by the tweet she sent out while on maternity leave. >> the governor of missouri relesioning a taped statement moments ago that sounds like a chief executive who has made up his mind about the officer in this case. >> 10 days ago a police officer shot and killed michael brown in broad daylight. we have a responsibility to come together and do everything we can to achieve justice for this family. the vigorous prosecution must now be pursued. >> the attorney general of the united states have a job to do. their obligation to achieve justice in the shooting death of michael brown must be carried out thoroughly, promptly and correctly. >> president of the missouri fraternal order of police joins us now. >> sergeant, thank you for being here tonight.

i ask you whether the missouri governor who is calling for a vigorous prosecution, and for justice for michael brown and his family is guilty of a rush to judgment? >> well, megan, thanks for having me. i'm very disappointed to hear those words coming from governor nixon, we welcome a vigorous investigation. justice needs to go both ways. darren's been vilified in the press. we routinely don't comment on these cases until the facts are in. we thought it was necessary that we say, we're open for a thorough investigation, but we're concerned about the due process rights of darren. >> vigorous investigation is not controversial at all. a vigorous prosecution is a different story, and that's what the governor of missouri called

for tonight. he's not the only one. >> a state senator who is pushing to have the county prosecutor removed in this case, because she doesn't believe he can be fair. his father was killed by a black defendant back in the '60s, she wrote a letter demanding he should step down. if you decide not to indict this police officer, the rioting we witnessed this past week will seem like a picnic compared to the havoc that will likely occur. >> is this a lynch mob mentality toward your police officer? >> certainly so. and senator sheen is apparently not aware of the process. the grand jury indicts. we have full confidence that bob mccullough does a very outstanding job, and we have full faith that he will present the true facts to the grand jury. we wish that everybody would

stand down and not make an money until the facts are brought out. >> do you feel the humanity of the officer has been lost in all this? >> it's horrible. when a police officer has to take a life, it's the worst possible thing he can do in his job. it's a very traumatic experience, and now he's facing death threats from people, his family is facing death threats, no one is standing up for darren and we have to stand up for him. >> why don't the police release the incident report so we can hear the officer's side of the story? >> that's standard procedure in missouri the report is not released until the court proceedings are complete. >> do you believe he'll testify at the grand jury? >> i don't have any knowledge whether he will or will not

testify. >> do you believe the grand jury will return an indictment here? >> my personal belief is that they will not return an indictment, based on facts that i know right now. >> kevin, thank you for being here, we appreciate it. >> thank you very much. still ahead, we'll have a response from michael brown's attorney who will weigh-in on these events. and we'll take a look a bit later on why the attorney general is heading out to ferguson, missouri. he didn't go to the southern border when we had 100,000 people crossing illegally, he's going to ferguson with the full resources of the department of justice. why? that's coming up i don't just make things for a living i take pride in them. so when my moderate to severe chronic plaque psoriasis was also on display, i'd had it. i finally had a serious talk with my dermatologist. this time, he prescribed humiradalimumab.

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. breaking tonight, we just heard from the white house that the president has been briefed about this terror propaganda video from isis. it shows the beheading of james foley he was kidnapped in syria in 2012. they have no reason to not believe the authenticity of the tape. >> as protests continue in ferguson, missouri the kelly file has one of the key people from the case here with us tonight. >> walk us through what your theory of the case is. because many are questioning why this officer with no disciplinary history, according to the police would have opened fire on what we're told by your side is an innocent teenager minding his own business. >> in all fairness and at the

beginning, there was some serious situation that took place between the officer and michael in which there may have been blows. they had an altercation, at some point the officer's gun may have come out and there was a shot fired. >> it seems like both sides agree with dorian johnson who was with michael brown, the gun went off in the car. >> the issue happens is, once michael starts to run and stodon starts to run. the officer fires and possibly hits him. he turns around and surrenders. that's what all the witnesses said. he puts his hands up and his head is down. his head is down so when he's shot, he's shot in the crown of his head. >> i understand that's your theory. >> it's there. >> that's where he was shot, dr.

bodon told us the autopsy results do not rule out that michael brown was the aggressor. >> that's not what the autopsy showed. >> i understand. i want the audience to know, you're the lawyer and how you see the case, what your theory is. >> why would an officer who's had his gun and badge out there for six years, he's not executing young black men. why would he shoot a man surrendering six times including in the head. >> quite possibly whatever happened at the car made him mad. he got out of the car it caused him to take the action he took. he had shot michael once, michael turned around, there was no reason to continue shooting him. >> you believe the first gunshot, if there's a struggle in the car, who knows, that may have been self-defense, that may have been forgivable? what happened after that, that's where you crossed the line? >> right. with his head bent forward and

the bullet going back to forward, both of the head shots. he didn't have to kill him like that. >> it could have been that michael brown was aggressing toward the officer, the reason his head was bent down is because he was coming after him? that's what the other side says. >> even if he was, he was already a wounded man. >> can't you see how a cop -- you admit they have a scary job. not everyone out there is a law abiding citizen they don't want to draw their guns, shoot people for the most part. can't you see if he has this altercation, michael brown is a big guy. he may claim he has knowledge of that robbery, he may not. how is he supposed to know that michael brown is not going to shoot him, beat him to a pulp or take his life. >> the mere fact that he was trying to run away when he shot

him. that was enough. he made his point. >> what the one witness who says michael brown was surrendering? >> well, if you're surrendering, you aren't walking away from someone. >> i know he had been hit from the back once. >> we'll talk more about that, before i let you go, the grand jury is going to meet tomorrow. if the grand jury doesn't indict, will you accept that? >> the grand jury has enough probable cause to discharge the officer. >> it's up to them. >> grand juries seek very little evidence. >> they don't get to hear the defense evidence. >> they only get to hear the stuff that's good for an indictment. >> they here some, but not all of it. >> when you have three or four witnesses saying that, that's enough probable cause. >> we see people every day who get convicted and charged on far

less evidence. >> the only possible outcome for you is an indictment. if they don't come down with an indictment, what happens next? >> they need to come down with an indictment. night has descended on ferguson, and in the last half hour we're seeing a growing number of protesters. we'll have a special hour of the kelly file for you at midnight. ♪ [ dog barks ] ♪ [ male announcer ] imagine the cars we drive... being able to see so clearly... to respond so intelligently and so quickly, they can help protect us from a world of unseen danger.

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number of police and protesters beginning to face off. it's getting a little tense there. last night it did begin quietly, right around now, but later it erupted in this may hem, 78 people were arrested. after police refused to leave the area, failure to disburse. they had molotov cocktails, rocks and bottles thrown at them no officers fired their weapons, but two people were reportedly shot on the street. some have been criticized by media to overreacting by peaceful demonstrations. but as the night goes on, they turn less than peaceful, and the police prepare. you can see both sides of the argument. the police don't want to be caught flat footed but should they be firing rubber bullets at people trying to demonstrate.

st. louis city police shot and killed a man who they say attacked them with a knife. mike is live in ferguson with all the late breaking details. >> megyn? here's the situation out here, we're watching the street and the numbers are growing. night has fallen and we have the same thing repeating that we had last night, about the same numbers, the street is cleared off people are out here, and that's it. it's largely peaceful, there's one group that's marching in a circle and that's the way it happened. the numbers will increase now that the sun is down, it will turn into a more party atmosphere if it follows the pattern of previous nights. the police don't want people to stop and congregate. once they congregate, that's when the trouble usually starts. we see the quick trip has been fenced off.

that's where people usually congregate and a lot of trouble starts from there. other than that, police just want people to keep marching along. >> and march along he does. mike thank you. >> a grand jury will convene tomorrow to determine whether charges are appropriate against this officer involved in the shooting death of michael brown. before the toxicology results are back on the young man. >> and a movement is growing to boot the four-time elected prosecutor off of this case, suggesting he cannot be fair in this matter, since his own father was a policeman who was killed by a black defendant in the 60s. the petitioners claim he can't be impartial to maintain justice. jay christian adams is a former department of justice attorney who worked for eric holder. author of the book injustice,

exposing the racial agenda of the obama justice department. they want this missouri prosecutor booted off the case, he says he's not going, by the way, he's been elected four times, been there since 1991, it's a black community electing him including when he ran last time against a black opponent. they somehow they he can't be fair. should they be trusting eric holder to be fair? >> of course they shouldn't be. this is an attorney general who has carried out a quote in his pocket for 30 years. he carries common cause with a black criminal. this is an attorney general who has been engaged in a war against police departments in this country. there was proven misconduct in a case against the new orleans police department that boggles the mind it was so grotesque, this civil rights decision, the

exact same one that is now flooding the area in missouri, they did things so off the charts illegal, that a federal judge scolded them with a 120 page opinion. they cannot be trusted. they work at the justice department because they want to do these kinds of cases. no, eric holder cannot be trusted. >> early on in his tenure, eric holder said he would make the fight against police misconduct a priority in his tenure, and just for next year, the doj has requested an additional 1.9 million for nine attorneys to expand efforts in combating police misconduct. nobody likes police misconduct, but the question is, does he have a thumb on the scale? if you're looking for an impartial arbiter to step in and get the confidence of everyone?

is this it? >> yeah, this is what sunk the nomination of the president's nominee for the position. the stated war against police officers. members of the fop know this already about eric holder, this was part of their program when they took power to go after police departments, to take sides, go to places like ferguson and take the side of the lawless against the law abiding citizen, it's part of a trends of the civil rights division and you're going to see it play out here in missouri. >> there appears to be the rhetoric is getting upped. i want to ask you as an attorney, the doj former attorney, this missouri state senator -- this is a lawyer who's speaking on camera. we're monitoring that if he makes news. she puts out a statement the county prosecutor should recuse himself. if you should decide not to indict this police officer, the

rioting we've seen this past week will seem like a picnic compared to the havoc that will occur. i mean, the amount of fuel the politicians are pouring on this fire, chris. >> it's amazing. it's a new america we're living in, it's so toxic, it's so rotted, it's so dangerous. america has the greatest system of law and justice the world has ever seen. so what if this prosecutor's father was killed by a black man. this is part of the effort to make it everything about race. the entire justice system they want you to believe is rigged on the bases of race. it's toxic, evil, part of a strategy to undermine law in this country. where are the elected democrats? why don't any of these folks stand up for the rule of law any more. it's always about race, it's always about class many it's not about the good things in the

american justice system. let's hope they don't buckle under to these threats of violence and retribution. that's not what america's all about. >> the governor of missouri came out with a statement right before we went to air, demanding a vigorous prosecution in this case. that's where he stands on it tonight, before the grand jury even convenes. what a message from their own governor, chris, good to see you. >> thanks, megan. >> can you believe that? what is he doing? stay out of it. you trust the grand jury, okay? let them do their job, they're under enough pressure. let me know what your thoughts are, follow me on twitte twitter @megynkelly. police ignored looting in progress, under orders from their boss? we'll speak to one business owner next.

as the doj completes the third autopsy of michael brown's body, we will ask the man behinds the second one about his findings. michael bodon is here, and he will explain what he believes in this case. [ female announcer ] it's simple physics...

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over the weekend about businesses being looted while police stood back. not engaging the looters. now, some of these business owners are taking matters into their own hands. adam weinstein is the owner of county guns. did you observe the police standing back as looters threatened local businesses? >> the area that we're located in, there wasn't a large police presence. when we happened to call 911 that night, it took quite a bit of time for them to respond. they were busy in the heart of the area. >> have you felt threatened and has your business been hurt? >> our business as far as the monetary side has been hurt, we felt threatened several times since sunday night. we've been out there every night, there's been a few occasions where we had some instances where we felt like we were being threatened. >> what do you do, take your gun

and stand outside? how do you protect your store? >> we have a group of people that are friends of ours, some employees, the other owner of the st. louis ink tattoo studio which our business stair shares a storefront with. we basically stand outfront armed and anybody that approaches the shopping center or the strip mall, we scrutinize and deal with them as we deem necessary. >> it's incredible. it sounds like the wild west. we have this woman, the state senator saying that this officer needs to be indicted. or these protests we've seen thus far are going to look like a picnic. whether she should be saying that or not, do you believe she's right? >> as far as the officer being indictmented, i find it pretty bad to hear that, when all the facts haven't come out. how do you indict someone without all the information. that seems a little premature.

as far as what's to come i share the same opinion with some of my other business owners, if for whatever reason they do not indict the officer, i believe things are going to get a lot worse. >> let's hope that's not true. adam, thank you. >> you're welcome. >> the man's trying to earn a living. he's got to stand out there with his guns that he's meant to be selling to people, and instead he has to be using them, holding them to protect his livelihood. speaking of these protests, these cameras are downtown. the man at the center of the storm is the mayor of the town. he's had to hear from business owners like adam, he's had to deal with the police department. he's had to deal with agitators coming in from outside the city trying to take care of the chaos. >> mr. mayor, thank you very much for being here, is it true

that the reason a lot of the police were standing down over some of these weekend protests is because they were told by the man in command not to interfere? let the looters do what the looters are going to do? >> yeah, that's what i'm told. we had a couple nights where it seemed like we were going to see an improvement. instead of being prepared, they got caught flat footed. what was given was a command not to put the officers in danger. they were outnumbered out there, and so i would say that's poor planning, unfortunately, you know, those looters were able to take advantage of the situation. >> reportedly, ron johnson said the police needed to back off to ease the tension there. the business owners were left having to fend for themselves. let me turn to this. what do you make of governor nixon coming tonight and demanding a vigorous prosecution

of this officer and demanding justice for michael brown's family, do you believe he's made up his mind about the case? >> it sounds like it, it's unfortunate because he was our attorney general for 16 years. i assume he understands and knows what the process is, and where we're at in that process. i would hope that his mind and other people would keep their mind open, allow the facts to come out, before they rush to judgment. >> do you know this officer? >> personally, i've met him, yeah. i have a former employee of the ferguson police department so i do know the officer, but i don't know him very well, actually, he's fairly new. >> i got to leave it at that, even though i have a lot more, mr. mayor. thank you for being with us tonight, we'll be back at midnight and keeping you updated on the events there. >> okay. >> yesterday, the big story

concerned the findings and the autopsy. performed by dr. michael bodon. you heard that michael bruin's family attorney is discussing that. dr. bodon is here next to set the record straight. there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe the gap will close when healthcare changes. when frustration and paperwork decrease. when healthcare becomes simpler.

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the streets of ferguson filling with supporters of michael brown tonight, one of the things they seized on, almost immediately was an independent autopsy requested by brown's own family. dr. michael bodon is the man who performed that autopsy as he has in so many other cases. >> thank you for being here tonight. let's get to the crux of it. the brown family attorney came on and suggested that the autopsy results show that michael brown was surrendering with his hands up when he was

shot. is that what you concluded? >> no. what i concluded, the autopsy findings are consistent with the way the attorney stated. it's consistent with having his hands at his side or consistent with his running toward the officer. the autopsy tells me he was shot six times, where his hands were and what his movements were have to be correlated with all the other forensics. and with all the different witness statements. the forensics of the automobile, of the officer's car, the forensics of the clothes, the hospital report of the injuries to the officer. >> and i want to ask you about that. a lot of people are quoting you saying there were no signs of a struggle here. but what you said was, there

were no signs of a struggle on michael brown, correct? >> that's right. you don't rule out there was a struggle? >> no, no. all i can say is what was on the decedent. there was no evidence of injuries to his face, to his neck that were caused by a struggle. >> got it. >> let's be perfectly clear. is it possible based on the autopsy you performed that michael brown was in the process of attacking this police officer when he was shot? >> based on the autopsy finding, that's possible. >> and it's also possible he was surrendering with his hands up? >> that's correct. >> is it possible he was shot at least once while he was running away from the officer? >> yes, that is also -- >> just to be clear, the autopsy results do not clearly support the prosecution or the defense, if the police officer gets charged in this case as of tonight.

>> no, because the jury, the grand jury's going to get additional information from the autopsy -- the evidence that's missing, they'll be told about the car, they'll get the full autopsy report that has -- the first autopsy report which haven't been released, they'll get the toxicology reports. just based on my autopsy, you can't tell.

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fergusen around midnight. we want to make sure we have that covered for you if news breaks. we'll be back at midnight with a special kelly file. in the meantime, sean hannity continues our coverage now. >> this is a fox news alert, we are monitoring two major developing stories. night has fallen in st. louis in the suburb of ferguson, missouri. police are bracing for more violent protests in the wake of the shooting death of michael brown. our cameras are on every corner of the city, and we will bring you all those scenes from the ground throughout the hour. as the investigation continues, a st. louis post dispatch reporter is saying that at least 12 sources have now come forward corroborating officer darren wilson's side of the story. coming up, we're going to hear from dana lash who spoke with the alleged friend of wilson and gave her bombshell account of what happened that night. tensions remain high in st. louis,