record "hannity" the series. we'll see you back here tomorrow, stay tuned, shepherd smith continues the coverage in ferguson, missouri right here, right now on fox. >> breaking tonight the governor of missouri appeared to choose sides. in telling the world what should happen, in the investigation of a police officer accused of killing an 18-year-old black man on the streets of ferguson, missouri, and demontrators gather, demanding murder charges, the governor releases a prepared video statement. >> their obligation to achieve justice in the shooting death of michael brown must be carried out thoroughly, promptly, and correctly. >> a vigorous prosecution must be pursued. think of the content. tomorrow morning a grand jury is, we're told, set to begin

deciding whether this officer did anything improper. and tonight, the governor's office responds and attempts to clarify, but on video, the governor has already called for the officer to face prosecution. the breaking news, the ramifications, the analysis of team fox coverage begins now. >> this is a fox news channel, i'm shepherd smith, it's 11:00 on the east coast. 10:00 p.m in ferguson, missouri. and hours before the grand jury is expected to meet, to consider possible charges against a whit missouri spells out what he thinks the jurors should do. >> i think prosecution should be pursued. the prosecutor and 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. >> the governor of missouri in a video his own office released. the governor reading from a prepared statement, calling for a vigorous prosecution in the shooting death of michael brown. that is what protestors have been demanding. ten days ago, police officer darren wilson shot the 18-year-old. according to accounts brown was either raising his hands or charging the officer after grabbing for his gun. the prosecutor's office indicated a grand jury may begin hearing evidence tomorrow to determine whether the officer should face charges. michael brown's mother says his arrest would calm the protests, which continue right now.

a live look along florissant avenue, the crowds are gathering and shouting hands up, don't shoot. so far tonight the situation appears relatively peacefully, thankfully. yesterday, protests evolved into a tense confrontation. first, calmer heads prevailed several demonstrators formed a human chain, pushing back aggressive people, soon after, reports of small numbers of people throwing molotov cocktails and in cases, firing guns. investigators report the gunfire injured at least two people last night authorities responded by firing tear gas and making arrests, suggesting they arrested more than 70 people the number is now at 52. they say most arrests were protestors who refused to disperse after police ordered them to keep moving the documents shows only four of

those arrested live in ferguson. 14 from out of state the remainder, they say in nearby towns investigators say a small group of violent agitators is hiding in the mostly peaceful crowd trying to create chaos. as the sun went down in ferguson tonight, the police captain asked people to remain calm. >> they were throwing bottles into the back. too often, we've a lot of focus, some of us lost our focus. i think that some of the questions we have are about the focus, the real focus here, we're losing our focus. >> attorney general eric holder says he will be in ferguson

tomorrow, he reports dozens of fbi agents are already there. he wrote this is my pledge to the people of ferguson. our investigation into this matter will be full, fair, and independent. that is not what the governor said on video tonight. he called for a vigorous prosecution and for justice for the deceased's family. i spoke with his press secretary within the last hour. he said there is nothing to correct on the statement, the governor's office stands by it. yet, at the same time, said the investigation should proceed, and if the evidence calls for prosecution, then prosecute. in other words tonight one message from the governor to the people. and the future grand jury, for that matter siding with the protestors with the officer and others standing by the video with nothing to correct you wonder why there is confusion in ferguson. we'll hear from a police representative and from our own judge.

first, team fox coverage of the fury in ferguson. our mike tobin and steve harrigan. smaller crowds tonight? a different attitude? is that fair? >> a different number on the ground tonight. i'd say a fifth of what we saw last night a few hundred people out, separating protestors from police. sometimes, just a few feet. we're seeing sirens go by. looks like some people are getting arrested now the mood is angry, still. especially among those in the front of the line. i wanted to ask you, anthony who live on the same street where michael brown, the murdered man, lived, when people walk by police, they raise their hands, hands up, don't shoot. there seems to be a hatred between the people protesting and the police. they look at them. there is hatred there. >> they hate because the police are being in the st. louis area

so aggressive to some of the african americans in st. louis. >> are you going to try -- who is causing the violence here we've been seeing? we've been seeing things thrown at police how are you going to try to stop that? >> the same way we tried to last night. you know? pushing people back. you know? for people won't get hurt. you know? and we are not those that are throwing bottles and pointing them out to the police, letting police now. we're trying to have a peaceful protest out here. so if you're throwing something at the police we don't mind the police taking you. we want our protest peaceful. so the world can hear our voice. >> can you spin around, dutch? looks like those police under action right there, making more arrests. so far, fairly calm, but that could change as it did last night. shep, back to you. >> let's listen to mike tobin. just down the street a different

scene today? or similar from your reporting? >> a different scene. steve is up close to the core of marchers making their character yil around west florissant avenue. police are pretty relaxed their gear by the side, batons and shields on the ground. action is over on the other side of the street at the moment. we do have a smaller group but a more concentrated group. everybody out here tonight didn't heed the call of the local leaders to stay home. everybody who is out here tonight knows that every night, except one, there has been trouble and they elected to show up anyway. they're anticipating some kind of a clash as probably why they're here tonight. or they, they know to look for it. r"zank you very much, mike tobin. events warrant, we'll go back live there. next, a video statement from the missouri governor.

get justice for the deceased' family, a vigorous prosecution must be pursued, he said. i'll tell you about his press secretary standing by the video. missouri lieutenant governor is a political rival of the governor who says he doesn't approve of the way the governor, governor nixon has been handling things in ferguson. he'll talk with us live to explain what he'd do differently, and what he says needs to happen next. also, horror in syria. an american journalist, beheaded by the isis militants. marching across syria and iraq with american weapons. that is the claim. there is video of the execution. and a threat against more americans. tonight, we'll hear from the victim's mother. that is coming up in live coverage from the fox news desk on fox news channel.

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more now on the tensions in ferguson, missouri the lieutenant governor told a radio station the governor has appeared tentative and sometimes, weak and confused. he said the governor should have called up the national guard several nights earlier than he did. governor nixon, seen here, is a democrat. in missouri, voters can elect governors and lieutenant governors separately they don't need to run on the same ticket. in this case they did not. lieutenant governor peter

kinder, who is a republican joins us now. thank you. >> thank you for having me on, shep. >> i'd like to play what the governor said tonight in a prepareed and written statement that he read for the people. listen. >> ten 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, a vigorous prosecution must now be pursued. st. louis prosecutor and attorney general of the united states each 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. >> justice for the deceased family and a vigorous prosecution. mr. lieutenant governor is there a possibility there might be a

need for justice for the police officer who says he cannot even leave the house? this police officer whose case seems to be that this deeased man, at one point went for his gun, then ran, then turned and charged him, is it not possible the justice should be for that police officer? in this? or has this already been decided and we're not aware of it? >> well, shep, it's really heart breaking to see a man elected to an office that high in our state government, the chief executive of missouri state government come out with a statement like that that does prejudge the case. i've been asking for everyone to step back for a rush to judgment. our governor is a lawyer, shep now more than 30 years. meaning he went to three years of law school, took the legal ethics course. took criminal law. and crime fal procedure, passed the bar, then practiced. he was 16 years our attorney general. twice elected governor.

so six times, he's taken the oath to defend the constitution, including the bill of rights, of the united states of america and the state of missouri. that means justice for all, that means justice for everyone. we have a legal process that is set up to ensure that. it involves impaneling of a grand jury which will sit tomorrow. just as you and i, and the governor were not there saturday afternoon, the 9th of august when this awful incident went down, we will not be sitting on that grand jury. it would be wrong for a prosecutor to say what the governor said here tonight and it's wrong for the governor of missouri to have said it. >> mr. lieutenant governor, i spoke with the press secretary for the governor tonight he said to me, among other things quote, i don't believe there is anything to be corrected. quote, we stand by the statement. yet said to me what he meant was

justice in this case he meant if there is evidence it should be presented but on kmov, and ktbi and the rest of the stations in st. louis tonight, the governor's speech will be no doubt heard. what the governor said is that there should be a vigorous prosecution in this case and what the governor said was there must be justice for this deceased man's family. and further, one of you, you're a republican, he's a democrat. is this political feuding between two of you? you speaking out against him? is that helpful? >> we're each, i'm trying to do my constitutional duties here, shep i took the same oath he took, to defenld the constitution of the state of missouri and united states. and that means justice for all i'm not going out of my way to shoot at him i have spiked my guns on many things i could have said this week.

i do believe we should have had a curfew earlier. i do believe it should start earlier in the evening before midnight. >> mr. lieutenant governor, i spoke to what the police union had to say to megyn kelly, listen. >> very disappointed to hear those words coming from governor nixon we welcome a investigation. unfortunately, justice has to go both ways darren has beenj vilified with minimal facts made public. >> here from our judge napolitano tonight, it is a quote, rare crude and highly inappropriate, no grand jury should be meeting in the midst the decision to prosecute must be a sober, not a political or reactionary one.

tensions are very high. is there not a great deal of pressure on men and women serving on this grand jury? men and women who heard the governor's statement, potentially tonight. is there too much pressure to be meeting at this moment? at this time? >> i might have an opinion on that or might not it's not going to be my call so i'm not going to opine on it. right now it's prosecutor bob mcallah to be the county prosecutor. he's the guy who has the decision on, i'm not sure you're aware of this. he could have prosecuted on his own. >> i am ware. >> without taking it to the grand jury. he, wisely in my judgment, elected to take it to a grand jury. that means people of st. louis county will have a say, the people who are impaneled on that grand jury. that is a safe guard for all

concerned in our legal process. >> a missouri state senator has said if there is no indictment, if there is no indictment, the unrest we've seen in the streets will pale in comparison to what is coming. is that not another push on this grand jury? i ask because i'm farthest thing to what i'm doing is try toing take sides would never do such a thing. very no idea what happened there. but it seems to me there is no way for anyone to really know what happened there except people who were there. one of them is dead. other of them are people who say they were eye witnesses. from my 25 years, eye witness accounts are often wrong. the other is the police officer who pulled a trigger from whom we have not yet heard. and yet, a state senator has said if there is not an indictment of this police officer, the action in the streets will be worse i wonder who is in charge? whether any of this serves public good. >> well, the heated rhetoric does not serve the public good, shep, i tried to shy away from

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a live look at ferguson, missouri there have been arrests tonight. crowds are smaller, atmosphere, calmer. should that change, this particular man aside, we'll take you live for breaking news. islamic militants claim they have chopped off the head of an american journalist. they say it is retaliation for

u.s. air strikes in iraq. now, we're hearing from the victim's mother. the victim's name is james foely. a freelance journalist that went missing on thanksgiving day while on assignment in syria. this is an image from the video. we will not show the video. fox news cannot confirm it is authentic a person appears to be foley reads a statement his kidnappers prepared and then, his killer cuts off his head. the islamic militants then threaten to kill another man, a contributor to "time" magazine who went missing in syria last year. the white house said it's seen the video ask intelligence community is working to determine whether it's real. the truth is what they're

looking for something to suggest it is not. at this late hour, they have not found it. in a statement tonight, james foley's mother writes, and i write we have never been prouder of our son, jim, he gave his life trying to expose the world to the suffering of the syrian people we implore the kidnappers to spare the lives of remaining hostages. like jim, she says they are innocent they are no control over american government policy in iraq, syria, or any why else in the world. foley spent years reporting from the middle east. he was a teacher before that. back in 2011 in libya, supporters of former dictator there kidnapped foley, held him for a month and released him. and he spoke to fox news channel's bill o'reilly about the experience. >> interrogated me six hours, and that was kind of felt like a mind game. one guy would be playing kind of good cop. one guy come in yelling and

saying we think you're a spy. and you figured outlook. i just have to stick to my story. make sure i tell the truth i'm a journalist. that is my only chance . >> he's dead tonight. terrorists cut his head off. his friends asking people to keep the family in their prayers. and earlier tonight in the state of new hampshire we saw a yellow ribbon wrapped around a tree outside of home of his parents. john busy is with us now. business editor for the "wall street journal." unthinkable. >> tragic, reflective of the danger a lot of reporters are in covering these conflicts. not just in syria, but in iraq, in afghanistan, and pakistan. we lost our own danny pearl in pakistan 12 years ago. these are long, ongoing conflicts they're dangerous to cover.

and these reporters have been courageous in bringing out the story of what is going on in these regions and it's a very dynamic story now in iraq. and a very sad chapter tonight. >> the message in short, without giving specifics is if you keep bombing in iraq this, is going to happen to more people. you have to wonder if reality is that what the united states is doing for this moment in that place is working, and that isis is try toing make it stop. >> i think there is a probably a truth to that. there is consideration tonight in our writing that what the militants refer to as the u.s.

bombing strikes have been very effective against them. the fact mosul dam was taken back from the militants, that a city was saved from what looked look militants moving into the area. the pentagon is wondering if they should do the same sort of strike in the anvar provence. who know what's the best thing to do is. if they're note stopping you wonder how far they'll be able to go. >> correct. to a certain degree, air strikes emboldened iraqis and tribal he'ders they feel there are two areas of success one is that air strikes halted advance of the militants, just some.

and u.s. ability in baghdad the question is will the u.s. extend air strikes further and resort to a model in the past, which is paying to tribes to fight as they did during the anvar awakening bypassing the central government in baghdad. >> we'll know soon enough, john bussey, thank you. it's half past the hour now. 10:30 in ferguson, missouri we'll get an assessment of the unrest tonight and see when, if this will end. what does it mean to have an unlimited mileage warranty on a certified pre-owned mercedes-benz? what does it mean to drive as far as you want... for up to three years... and be covered? it means your odometer... is there to record... the memories.

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governor nixon calling for a vigorous prosecution in the death of 18-year-old michael brown. medical examiners hired by the family say those officers shot him at least six times, including in the head critics including the head of the state police union have spoken out against the governor's statement. a representative for the governor told me what he meant to say is that there should be prosecution only if there is enough evidence but went on to say we stand by the statement and there is no reason for corrections. mike last night, the crowds were large and unruly. tonight looks different. is it? >> and numbers are dropping off, shep. it's like police are just letting them walk it off. and into the night

you may notice every once in a while you'll see an adult, someone older than these guys and these are leaders marching with the guys right now. police are using them as mediators. if they spot someone causing trouble they'll use the older gentleman to speak to that person, calm them down. the bishop can't calm them down, police will come pluck them out of the crowd. every time they get friction and a crowd forms up. what they're trying to do is keep crowds from storming up. every time you get a concentration, that is where trouble starts, shep. >> thank you. steve harrigan is down the street. >> a police officer told me you can hear a win drop

the air has been sucked out of the protest. we're looking probably at 150 max. and you can remember riot police four deep. so a real calmer, relaxed police presence tonight. this is when violence happened last night. it doesn't look like that is going to happen tonight shep. >> let's go to a reporter from the daily beat. i listened today to community leaders asking people to stay home at night. go out and protest in the daytime all you want but at night, good people, i think they put it of ferguson, go home. what is -- how does that work?

>> last night it worked well until it got late. people have been peaceful during the day. then, night fall, some of the kids come out. they're not only upset over the death of m they have a bone to pick with police in general the police do not have the greatest relationship with the black community. >> i've listened to the mayor say racial tensions are nonexistent. facts seem to stair in the face of that. >> yaechlt i hadn't heard that. and don't know where that is coming from. everybody has been saying this is an example of what they think is heavy handed police tactics >> i know it's hotter there

tonight and that people have called for calm tonight. are you seeing the fame faces night after night? do you recognize people? just wondering. >> yes. big thing that has been different is the presence of these, heavier presence of these religious leaders. and i think that is helped to keep people calmed down. like i said before it's same thing every day. peaceful during the day. then, at night gets late and younger crowd comes out and want answers now. >> has there been reconciliation with this other, larger group? or is there just tired and hot in place here? >> i don't really know. the first thing people wanted

out of this when starting to protest is that they wanted officer's names. so it took a week to happen. on the day, the police chief released surveillance photos showing mike brown allegedly robbing a store. so they got people here feel is like a smear tactic against mike brown. >> justin, nice to talk to you. thank you. >> thanks. >> some police say protestors are coming in to ferguson to cause trouble and make a mess. other folks think they're trying to clean up the city. the under tone of racial difficulties remains. in a city of about 21,000, there is a history of trouble, between

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>> texas governor perry with

charges on abuse of power. a grand jury indicted the republican governor after making good on a threat to cut funding on a unit that his democratic district attorney's office if she didn't resign after a drunk driving arrest. that unit investigates allegations against public individuals >> i'm going to enter the court house with my head held high knowing the aks i took were not only lawful, and legal, but right. >> the d.a.was elected by voters of travis county the governor has neither the authority nor the right to remove her from office. >> this is the piers indictment for a texas governor in almost a century. legal analysts say the potential contender could end up facing more than 100 yooes behind bars if convicted the governor says, quote, we

will prevail. meantime, this is only a test. emergency workers practicing for a terrorist attack in a subway situation in seoul, south korea. north korea threatening what it is calling preemptive attacks in response to the drill. and cops say they caught a guy that broke into a woman's house, got into her bed with her wearing only his under wear. happened last month. he apparently didn't steal a thing but the woman said he gave her a scare in the morning. >> i wake up in the morning. i yelled. he woke up and said oh, sorry. >> she says he jumped out of a window and took off. police say it turns out he's a vietnamese actor. they say they left his pants, phone and driver's license

behind. >> live at 11:46 eastern time. we're watching another night of demonstrations following the shooting death of the 18-year-old black man by a white police officer. so far, no major trouble. some arrests on the ground tonight. as reported, records show many protestors accused of causing trouble are not from ferguson. but there are volunteers out there cleaning up streets this morning. one guest says he's fed up with people trashing his town. matthew, nice to talk to you. thank you. >> thank you for having me. >> you're from a small town that is probably never been in world newspapers as you were in 16, 17 countries today, circumstances aren't good. >> right. >> you're trying to do something about it. >> yes. definitely. like you know first off i want to say, give my condolences to the brown family but yes. in regards to all of the

violence and protests there is a lot of trash been on the ground like following mornings it's sad to see. because ferguson is a clean neighborhood me and other people are trying to show a positive image by helping out and cleaning up. >> what is the talk in your family in your neighborhood among your friends and acquaintances? regarding all that is happening in your little city? >> it's tough a lot of us are saying the situation with mike brown was a tipping point but a lot of the built-up tensions were here for a decade. it happened to boil over with the situation. >> have you felt that tension? >> absolutely. >> prior to this incident? can you tell me about it? >> yes. in regards to growing up in north county, st. louis, like, i personally have had situations to where i have been racially

profiled most of my friends who, are friends of color have been profiled as well. so i have seen it in various avenues. >> can you give me an example? walking while black? driving while black? what is it? >> driving while black. walking while black. yes. all of those things occurred over time. in ferguson and different areas in st. louis. >> is what's happening tonight and over previous nights helpful, hurtful? do we know yet? >> i think it's helpful and hurtful at the same time. the positive protests definitely are helping the cause. a lot of people just need to be heard. however, as mentioned earlier we do have a lot of protestors that aren't from the city that are purpose fully trying to cause issue was the police.

and in essence, a lot of people that are trying to do positive things in the area are being affected by that. >> it's august in st. louis here. that means it's hot, and humid. tell me what those clean ups are like, and what the discussion is. >> yes. certain days have been hot. a couple days over the weekend it did rain. that cooled it down a little bit for us but, yeah. with being august in st. louis it's still hot and humid right now. >> do you think of yourself as taking back the town? trying to send a message? are you just cleaning up? >> in my opinion, i'm cleaning up, but i do think it's a positi position -- positive image for people walking by and see on tv to see there are positive people that want our neighborhood to look like it did before last

week. >> living breathing proof with us tonight. matthew thurman in st. louis county. nice to talk to you, sir. >> thank you. >> thank you, shepherd. >> truce broken in the middle east. live coverage, next. mortgage for an entire year. truly amazing! enter today at pgatour.com/quickenloans

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>> deadly fighting in the as talks to bring to a stop the month long car between israel and hamas fell apart it started hours before a temporary truce was set to expire. israeli officials say palestinian militants moved first, by launching rockets so israel says it responded with air strikes palestinian health officials say two people died, including a

toddler. in cairo, egypt, officials have been triing to broker a deal, israel withdrew it's delegation in response to the tacks a hamas official said palestinians would soon follow, so here we are again. rick, early this morning in gaza city. >> relatively quiet since the sun rose. another air strike about ten minutes ago. waits a long, punishing night with waves of strikes, israeli response to rockets that broke the cease fire yesterday afternoon. we were there, working on another story we saw rockets launched and the camera rolling last night. three more rockets were launched just north of our position. 50 rockets fired these three intercepted by iron dome missile defense system preventing a violent response from sea. and over and over again, dozens of strikes, resulting in more

than 50 injuries and three deaths according to the palestinians but with more than 11,000 buildings destroyed we discovered many people are returning to their flattened homes and staying in them, on top of them, because they prefer it to the shelter. shep, we can update you on one note here. israeli media reporting wife and daughter of mohammed det were among those killed in last night's air strikes we cannot confirm that but also confirm if, or when these two sides will return to the bargaining table. >> rick, thank you. our coverage from ferguson missouri kicks off with a special live edition of "the kelly file" coming up next, megyn kelly with information from ferguson and beyond. you're watching fox news channel. and asked for less.

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we can hope not. but we'll know, shortly. i'm shepherd smith in new york. i'll see you back here tomorrow at 3:00 eastern time. and noon pacific time, whenever breaking news changes everything. now here comes megyn kelly. >> breaking tonight, major developments on the crisis in ferguson, missouri and the missouri governor comments that started a fire storm. with comments that he decided the guilt of the officer in this case before an investigation. welcome to a live midnight hour of "the kelly file" we're keeping an eye on the streets of ferguson tonight. we're also tracking a stunning report that broke just before we went to air at 9:00 p.m eastern this evening. missouri governor jay nixon released a