ferguson and the latest on the beheading and what the president is going to do about that. live coverage continues on both of the stories from the space ship, i call it, shepherd smith to take it over. shep? >> two major stories we're getting information about the murder of jim foley, the american journalist. islamic militants sliced off his head. plus, late word today that u.s. special op courses launched a mission to rescue hostages in syria but couldn't find them team coverage and analysis is ahead we're watching the streets in ferguson, missouri last night marked a shift there with less violence and protestors. have we reached a turning point?

a grand jury began hearing evidence against the police officer that fired the shots that killed 18-year-old michael brown. ahead, what we know about that grand jury, and the details of how those proceedings worked that is coming up, late night, live in new york from the fox news desk. >> i can't showou the video. the video of the masked terrorist with a small knife and gun preparing on a rolling landscape to decapitate an american citizen. we can't and we won't. but you need to know about it the people who murdered an innocent man to further their campaign to take over a region and rule it a war zone. think of this islamic state. compare them to al qaeda? okay. how about this?

islamic state is a group taken more lands than al qaeda ever wanted. that mars with more weapons than al qaeda ever dreamed and more stolen money al qaeda ever possessed and brought together more fighters including americans and europeans than al qaeda ever managed. already, the islamic state militant's rule over a swath two of nations, knocking on borders of others, wielding american weapons of war, with hundreds of millions of dollars to burn, recruits by the thousands, lured by a social media operation to rival many corporations. there is no question they want the world to get out of their way. they want everyone who does not believe what they believe reformed and remolded in their own images, otherwise, they will bury or burn them alive, in the case of the innocent american journalist jim foley, they cut his head off and posted it to you tube.

it turns out lots of people tried very hard to stop the barbarians from killing jim foley. u.s. sent special operations units into syria to rescue jim foel yeechl they couldn't find them the moment the mission went down, hostages weren't there. that is the word tonight from u.s. officials. one tells fox news several dozen flew in on helicopters but could not find the innocent group of hostages. could not locate jim foley. jim foley made it his mission to tell the world that the stories of the victims of the war in syria were real. the victims of assad. foley was working as a freelancer for a global post news web site. it tried to rescue him, too. today, the ceo said executives spent millions trying to bring

him home, and they knew where he was, but couldn't get him the man in the black mask in the video who murdered jim foley says the rest of the islamic state did it in retaliation for recent u.s. air strikes in iraq. air strikes that are still happening. 14 more air strikes the united states military since the video showed up in an attempt to stop the terrorism. so who is next? which american is the next to die? well, terrorists say this man, they put him at the end of the murder video. he's another american journalist kidnapped in auchlth one year ago this month. and if they kill him, and nobody stops them, he will not be the last. we don't know how many hostages they have. we know 20 americans are in syria. 20 of them. imagine 20 more videos and

islamic state is armed with money, machines and motivation and knives to decapitate and a mission to change it world to make it their world their media machine assures us they will unless somebody stops them. they tried hard to stop this. there was a secret mission to go make it happen. what do we know? >> that is right, shep the statements from the pept gone and white house after the administration faced questioning about foley and whether enough was done to safe him. hosta hostag hostages say they entered on helicopters and provided cover by six wing aircraft including one drone. this was a fire fight on the ground officials say several isis militants were killed but no u.s. casualties after sweeping the area hoping to find several americans including journalist steven

sotloff, isis already moveed and tonight there is push back from those who work in the special operations arena revealing details of the mission may make it harder to go into syria in the future. >> what is the latest on the analysis of this video? have they learned anything as a result of it? >> well, we're told investigators the purpose is working with intelligence services to identify and whether he's known fbi. >> it looks likely it's a british citizen. we agree with that assessment and are working with the united kingdom to determine who may have been in the video. >> u.s. official said the fact is that two americans were together, possibly near this isis strong hold and shows a level of sows fis -and that the

obama administration will rely on a law enforcement model to bring foley's killers to justice. u.s. intelligence officials complained about the difficulty of operating in syria and iraq. >> very difficult, thank you. >> you're welcome. >> bring down our former intelligence officer with the police department the intelligence necessary to find out where these people are. do we have it? can it work? >> well, we can develop it. but you know, it's very, very hard to have, shep. you've got to have, as you described, a raid you show up and have done all of the work and preparation and decided to take that risk and they're not there. and that happens you know often as it doesn't. so we have dry holes, we go in because we have credible intelligence by the time we can act on it and go in to send in a team that has a reasonable chance of coming out with the guys alive, you noef, often the people have moved on. unfortunately one of the things happening here is that they're starting to learn our tactics

they start moving around hostages more and more. >> is it your sense they're about to line them up? we have one now. there are 20 journalists missing there. that is just ones we know about. who knows how many they have? >> yes. you're right. the clear take aways from this are isis is real. more americans are going to die. whether there is journalists lost, whether tourists may get kidnapped or diplomats and intelligence officers in that area. you know? those are the take aways, right? americans are going to end up getting killed in this. they have proven they're a serious organization. >> so we've gone in with these air strikes and clearly, we've halted some operations we know we've taken out some of our equipment they took from iraqis. >> yes. that is right. so there only so much we can do when it comes down to air strikes because air strikes can, you know, we can take out someone in a tactical level. you've got to understand who is

the leadership? what is the command and control? that is the information you get when you grab people alive. one of the challenges is that current model we're using for fighting this war on terrorism is very much a stand off, stay far away, drop bombs approach. any intelligence professional will tell you you've got know the enemy. it's up close, and personal. one of the things that over the times we've talked in last few months i've been cautioning us is because we haven't made a commitment to get involved for real. at this point it's time to get real, understand isis is here. it's serious about this. the fact that the presumed british citizen with the heavy british ak sent was the one that did the beheading, right? these are people going to be able to infiltrate western europe and possibly the united states. >> the state department asked for fewer boots on the ground for protection, taking it to 1200 people there.

congress hasn't done anything. it's happening quietly they say there is no mission, but, i mean got to do something. >> what we've got to do is be honest with ourselves. we tried to wind down this war. but the enemy decided they wanted to keep going. these guys were too radical for al qaeda. so we have to evaluate other things. are we willing to take down isis, who is worse than al qaeda? >> the question is, i'm not sure it's that simple. we don't have the infrastructure there to do it. congress didn't approve -- there are a lot of barriers and we're not in syria. we've decided there is a line there. which there is. islamic state goes across that like others went across pakistan and afghanistan we're working with a blind fold >> you're right, shep but have you to look at facts as they are. then, start dealing with them,

right? how do you take territory away from isis? partner with kurds. that is what we're doing now. it's the right thing to do. providing air support, making sure infrastructure is protected and giving the population a reason to believe nonmilitant population a reason to believe if they side with nonjihadists they're going to come out on this. at some point you're going to have to accept the sunni-shia divide. what you have to decide is look at syria and say assad versus isis. which are we with going to be with? >> mike, thanks, appreciate it. >> thanks, jim, >> ferguson, missouri tonight. protestors hit the streets. temperatures in the 90s heat warnings for the rest of the week. thunder clouds started to drop rain on demonstrators cleaning the streets, perhaps cooling

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and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. ben! well, that was close! you ain't lying! let quicken loans help you save your money. >> woe call it news when it's different than it was usually. well here is news. it's been a peaceful night in ferguson, missouri thanks in no small part, well, to the weather. rain caused protestors to clear

out about 90 minutes ago. some have since returned. they continue to show their anger at the shooting death of a black man at the hands of a white cop. most of the demonstrators were demonstrating peacefully. however, things did get tense at one point. >> get back to the designated area immediately. >> cops say they arrested 51 people, most defying orders to clear the area. they tell us only half of the people are from st. louis county and only 1, 1 of the arrested from last night, one person was from ferguson, one of them. police say there were fewer confrontations a calmer scene tonight. this comes at ferguson waits to see what is next in the investigation into the death of

michael brown. a anyone who says he or she did unless he or she was there the prosecutor tells us the grand jury started hearing evidence today. several justice chants. outside of the building where the grand jurors were meeting, demonstrators marched and drew lines on the streets, calling for prosecutors to step down, suggesting he's not handling this correctly. >> this is too soon to convene a grand jury. we haven't had the evidence yet so there is no need to convene a grand jury. >> this woman accused

demonstrators of rushing to judgment. >> until we know the facts we ought not to be out looting and accusing people of things we don't know happened yet >> the prosecutor's office reports the grand jury process could take weeks the federal government conducting it's own investigation. eric holder was in ferguson meeting with investigators and students and community leaders and the attorney general says they're putting in experienced agents in this case. >> my hope is that will give people a degree of confidence that appropriate things are being done by their federal government we're doing something different and that which the state is doing, state and county prosecutors are doing but nevertheless, i think what we're doing hopefully will have a positive impact. >> among leaders with whom holder met today was governor jay nixon

the governor called for justice for the brown family not once, but four times. there has been no new video. he's not mentioned this begin the vigorous prosecution, quote, remains on video. they called us and said that is not what he meant. let's go to steve harrigan. what's happening there now, steve? >> biggest difference is in numbers i can give you a count of how many are out tonight. walking in a circle around, and around. my count is 31. this is from over a thousand. we have seen twists in tactics police using canines to help make arrests and pro testers lobbing bottles of urine, which

led to has mat showers for the police. the question now is this grand jury going to take six weeks? will that lead to impatience? could that spark bigger numbers? shepherd, back to you. >> in the courtroom, the grand jury. what's happening there? >> well, in the grand jury room there are no cameras and defense lawyers not even a judge. there is a prosecutor and 12 people from there will decide whether to put a suspect on trial. whether the police officer should face prosecution. as theit. we'll go inside of the secret world of the grand jury as one in missouri begins to decide what will happen to the officer that killed michael brown. that is next. live from fox news desk. ♪

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first month's payment. starting at $419 a month. >>now three live looks on the streets but action is in a grand jury room the grand jury will decide whether to charge the police officer who shot and killed michael brown. so how does it work? here is how it works in st. louis county, missouri the grand jury is made up of 12 people. there are alternates but it's not a yun man news thing here. takes nine out of 12. and those jurors can meet weekly. could take a while this, is important. prosecutors present evidence behind closed doors there is no judge in there, no media at all. none of this supposed to be open to the public. on our wall some very important

things to keep in mind. the prosecutor can instructors on a murder charge if they want this, is whether to charge him, the grand jury cannot convict him of anything. analysts say the process gives prosecutors a lot of power, that a grand jury will usually do whatever the prosecutor wants. there is a saying a grand jury can indict a ham sandwich if that is what the prosecutor asked for. if the officer does testify, the lawyer can't be in the room. anything the officer says can, and will be used against him in a court of law. if jurors do not find probable cause, the state and feds are investigating. one more thing. anna hists say people have tried

hard to get information on what went on inside of a grand jury room during these proceedings but that almost never happens the jury is gathering evidence. and much of that evidence can well become public later on. just hours before the grand jury convened today, the governor tried to back track after the video statement he appeared to taek sides we reported here last night, governor nixon demanded prosecution, vigorous prosecution, not only that, but not once, but four times throughout prepared remarks the governor of missouri demanded justice for michael brown's family never mentioned justice for the officer, too. and i quote the governor's comments yesterday were not

intended to indicate prejudgment. the governor used a term prosecution to refer to duties and responsibility of the attorney, including exercise of discretion. the filing of criminal charges if supported by evidence, representing the state and ensuring justice is served. words matter to lawyers. he's been a lawyer 30 years. he's an attorney general and four times, he said justice for the family of michael brown. he said a vigorous prosecution, he was a prosecutor. the governor of the state of missouri knows the difference. he said prosecution. and on camera, he's not changed it. but people have changed it behind the scenes. why would you do that? >> now a former prosecutor is in

this program >> he knows he's wrong they try to back away from it. >> did it change the video? >> he should have. but that is a political aspect of it. >> tell me about how that works. >> okay. >> it's a great thing. there is a grand jury being used here. there was not a grand jury used in the trayvon martin case an individual decided there was probable cause to press charges here, as stated there are 12 people. here is another great point. these 12 people were selected in may. >> they've been working since? >> correct. correct >> and the term expires september 10th. i love about that, is that these are seasoned grand jurors that will know if something untoward happens they've seen dozens of cases

presented to them since may. if all of a sudden something goes differently will raise their common sense which is what we want. another thing that is interesting that i learned is that nine people out of 12 means two thirds must believe there is probable cause. in most big cities it's only half, in new york it's 12 out of 23 have to believe there is probable cause it helps the defendant a little bit. other thing people ask why is it taking so long? this is quick. >> well, to subpoena evidence a prosecutor needs a grand jury. so there may not be evidence presented you showed earlier an attorney says there shouldn't be a grand jury already. it just means for a prosecutor to sign the subpoena, i want this videotape. i want these records and police

officers records. there needs to be a grand jury impaneled to sign it the process is working. as far as i can see, i am in agreement of what is going on. i'm happy there was a judge that selected these people. and he, or she, whatever the judge was, they tried to balance it just have a cross section of that community listening to these cases to determine whether there is probable cause or not. one thing, two things prosecutor has said i will present every scrap of evidence, good for him. >> they don't have to do that. >> no. >> they can be selective. and they often are. then, he went on to say if there is not a true bill, an document, i will ask the court to release evidence. that, i don't agree with. it's supposed to be secret.

>> the reason is if i go in and you release it, i may not give it information. >> exactly. >> i will say there is a ham sandwich line, just within this month, in new york it was a salt on a police officer case the client testified. there was no true bill. so it isn't always a ham sandwich the jurors do their job they listen to evidence they weigh credibility. here, they will determine whether charges and then, which charges could the prosecutor present five and they say no true bill on two. and other three sth >> correct. >> and there is the hardest thing is going to be if there is a justification defense. >> this isn't about that.

as you said, in new york and other jurisdictions when the attorney can be in the room they can object. like how you said earlier, defendant can leave the room and speak to his lawyer. well a lawyer is there, the pressure comes to the client. here, this officer won't get that. one last thing, usually the defense attorney can right to the foreperson of the grand jury and say i have other defense witnesses boy like you to hear. the grand jurors can vote, yes, i want to hear from that witness or no, we don't want tochlt if they do, that witness can go in and the prosecutor has to examine the witness like it's their own witness. and police have sus spened one officer after pointing his gun, he's telling them get back out. i'll bleeping kill you. happened right in front of our crew. i can't tell you what they call

that officer. because when they say officer what is your name? he said that is next. did you know, your eyes can lose vital nutrients as you age? [ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. ocuvite. help protect your eye health.

oof continuing coverage of the news out of ferguson, missouri, take a look you may be able to make out the wet ground. some have returned in smaller

numbers. as for earlier protests in st. louis police officer is now in big trouble. suspended after he pointed his gun at protestor asks said i'm going to kill you. explain what happened there. >> like tonight is, things were going slowly looked like we can get through a night without things clashing and just after midnight, bottles started flying. and we came up on this officer. he had his assault rifle pointed. i can see one individual is cranky. it's clear this stress was getting to the officer. >> what is your name, sir?

>> put your gun down. >> look. >> let's get away from this. >> you can see all of the cameras that shed up as soon as there was a bit of a ruckus the officer is from st. ann the force announcing he was pulled out here at demonstrations. we heard later from county police this individual is suspended indefinitely. jeff? >> yes. they said what is your name? what is your name? he said go, and then, says okay. what are you going to do now? the weapon is out. i guess that would be menacing right? >> well, it could have gotten deadly serious quickly. and another officer came out and called a county police officer came and calmed that officer down. we later. he was still fired up and still whatever is going on. he was angry. >> mike tobin, thank you.

nicholas pitser joins us now. been with us a couple times. and looking behind you tonight, it's quieter. >> it's quiet here. but down the way is there still protestors out there, moving around, marching up and down the street. i was coming up here. crowd is starting to grow. problems come. it's a bigger crowd means a lot of interactions between police and protestors and it can turn angry and very quickly. we've seen on different nights it takes one skrimish a woman arrived. she was a supporter of officer wilson, marching up and down and quickly a crowd came around her. and for just a moment you thought there is going to be a melee. and quickly, police arriveed and put her into a car, moved her

out. that is how tense things get around here. >> they've arrested over the course of this close to, not quite, but 200 people, are those people still in jail? do they march again? what happened? >> we're still looking into that, how long people are being held. charges are minimal. it depends if there are other issues as far as criminal warrants, they're confiscating guns when arresting some of the proet wresters so that is an issue as well. the last few days, since they've been arresting people, seems like crowds have gotten smaller, last week, they weren't arresting anyone. >> that attitudes changed at all in any way that you can report on? >> well, you are seeing a lot more back and forth of the show for officer wilson. there is a protest earlier this week out in front of a local tv station. a group of over 100 people

arrived to support the officer. it's something growing in this community you talk to a lot of political leadership. they're worried about what is around the corner. because they don't know this grand jury is meeting and whatever happens, whatever that outcome could be could have a major impact on the unrest we're seeing here in ferguson. we're worried it could trickle because everyone is on edge. just yesterday, two st. louis police officers shot a young black man. st. louis police that that is going to cause significant unrest throughout the city. they addressed it quickly. and so far, that hasn't been inflammatory. but things change quickly. everybody is looking for that one spark. that could make this situation which is bad something much worse.

>> great to talk to you again. thank you. >> we'll head back later in this news hour. first more on the top story. american journalist murdered at the hands of islamic militants we'll speak with one of jim foley's good friends he spent time as a prisoner. he says he's friends with the other american in that video the man who is a militant suggests might be next. if you suffer from constipation, you will likely also suffer from gas. introducing new dulcogas, which starts working to eliminate gas bubbles in minutes for effective relief. dulcogas, from the makers of dulcolax- nothing relieves gas faster.

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esurance, backed by allstate. click or call. >> more now on the american journalist, james foley. militants chopped off his head and put the video online for the world to see. jim foley spent years reporting in the middle east. after his first kidnapping in libya. u.s. officials say militants captured him again in 2012. before that he was a teacher his parents said their son always wanted to help people. >> we're proud of jim. he was a courageous, fearless journalist. very compassionate american. the best of america. and always hoped that this would, he would come home. that was his hope. and he sustained all others with him with that hope. >> before coming home, he wanted

to support his fellow inmates, he was the first in line, taking the bullet first, speaking to the guards about inequities in food he was the standard, the stand up guy. >> his parents speaking today they said their son would never want them to be bitter or hate anyone. that he was a great listener and wanted people to tell him their stories they said he was full of love, especially for those closest to him. his father pointed out his son's final words were i wish i had more time to see my family. matthew van dyke is a documentary film maker says his two best friends were jim foley, and the other journalist, steven sotloff. matthew, thank you. i'm so sorry.

>> thank you. >> first of all, it just sounds like there couldn't have been a better guy to be out gathering information to give people the kind of things they need to make decisions about what is going on in the world. >> right james was a true professional with a passion for what he did. i never heard anyone say one bad thing about james foley. he was really -- >> the work he did was important, there are not many journalists left in syria. we don't know what is going on there because either corporations have pulled them out, or people who do it on their own have been run out. >> right. and he was still willing to take the risk. even in libya, when detained he went back to libya to continue reporting on that war. then went to syria. he took smart risks, and calculated risks but had courage to do what he believed in and get stories told

>> steven sotloff is the man at the end of the video militants say could be next. tell us what you know about efforts to get him out of there. >> steven and i met in libya in 2012. we had talked about syria and security, and he was also very good, very responsible journalist. efforts to get them out, limited communication with isis from what i understand. only so much can be done with this group. they're, isis are complete ba barbarians. i was held as a prisoner of war in libya. i escaped and met james, who just returned to libya to continue reporting. >> for people that don't understand, you get locked up, as a prisoner of war, having been involved in the war in no

way, just writing the first line of history. and yet, you still keep going to do this. can you explain that to people that don't understand it? >> james was driven by passion to do what he believed in to tell peoples' stories he wasn't going to let that stop him you know? i understood it. this is what james and i bonded and wanted our friendship to be. yes. it's determination and his drive is what really made him stand out. nothing was going to stop him. >> did you know about the raid to try to get him out of there? >> dinot until today. >> it sounds like they worked hard and barely missed him. >> that is truly unfortunate. >> man, i'm so sorry. if you talk with steven sotloff's family, give them the best. let's hope they figure something out. >> thank you very much. >> documentary film maker knew

them both. still knows sotloff. hopefully, he comes home. >> we're watching the situation in ferguson, missouri a look into sun rises over the gaza strip tonight. israeli prime minister vowed to keep fighting up until hamas rockets stop flying. we'll go live early on a thursday morning to the gaza coming up. fact. every time you take advil liqui gels you're taking the pain reliever that works faster on tough pain than extra strength tylenol. and not only faster. stronger too. relief doesn't get any better than this. advil every time you take advil you're taking the medicine doctors recommend most for joint pain. more than the medicine in aleve or tylenol. the medicine in advil is the number one doctor recommendation for joint pain. relief doesn't get any better than this. advil

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now, ukraine reports government forces have taken control of significant sections of a rebel strong hold near the border with russia. officials say troops are trying to surround donetsk.

meantime, protestors managed to put up a ukrainian flag on top of one of moscow's most famous skyscrapers and posted a soviet star in ukraine's colors a fed-ex truck collided with a bus in georgia. no word on injuries. and jody arias as more weeks to get ready for the penalty phase, retrial last year a jury found her guilty of murder for stabbing her ex-boyfriend nearly 30 times, slitting his throat and shooting him in the head she claimed self-defense the second penalty phase set to start in september. under arizona law if the new jury fails to reach a decision the death penalty is off the table. israel will not stop military

operations in gaza until hamas stops firing rockets. that is what we heard from israel's prime minister benjiman netanyahu. officials say militants fired 175 rockets just since the cease-fire talks fell through with b.a day and a half ago. israel reports the military launched nearly 100 air strikes in to gaza. rick leventhal is live in gaza this morning. >> or camera man hit the deck several times, an air strike hit next door about an hour ago this, latest round of retaliation for a break in the cease fire has inflicted heavy casuals here in gaza. roughly 36 hours, among them, a wife and infant son of the chief

of the hamas military wing. some sources believe, hewas kil. who says he is safe and in hiding but warned israel that it will pay for killing his family. they warned israelis not to gather in large groups israel's prime minister says operati operations with every rocket hamas fires israeli respond with twice the force. >> megyn kelly is coming up with a live midnight eastern edition of "the kelly file". hi, i'm henry winkler

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it all adds up to the confidence that you'll get a great deal. that's just another way kbb.com helps you make a smart new car decision. >> one minute to midnight in new york city. we spent a great deal of time talking about the murder of american journalist jim foley. he was in syria, trying to get information on the victims of assad. second time they held him until the end. and a hooded coward terrorist brought him hout out and chopped his head off. and said if you continue air strikes we'll do it again. those terrorists have to be stopped. then, there is ferguson, missouri, we'll have live coverage just minutes from now on a late edition live from new

york city with megyn kelly on "the cell eye file". calmer tonight but this is the time when over a period of time, things have gotten worse. i'm shepherd smith in new york see you tomorrow. >> the streets of ferguson, missouri filled with protestors tonight pushing for justice in the death of michael brown, shot by a police officer two weeks ago. welcome to a special "kelly file" everyone. they want not just juts tis, but justice for michael brown who may well be the victim of murder. or who may be a young man who committed a robbery, then, went on to brutally assault a mofr, causing the officer to fear for his own life. all of this will be determined by the justice system. both sides will be heard. but on the