website friday on that. thanks for watching us tonight. ms. megyn is next. please remember the spin stops here because we're definitely looking out for you. breaking tonight, new protests erupting after a second grand jury in as many weeks decides it will not indict a white police officer in the death of an african-american man. but does race have anything to do with either case? welcome to "the kelly file" everyone. i'm megyn kelly. this latest case revolves around a man named eric garner who died over the summer after a confrontation with police in new york city. for hours now we have witnessed growing protests in new york and washington with marchers shouting about both the garner case and the decision in ferguson. right now we're getting reports that they are heading to the west side highway here in new york city. we are working to confirm that, but it has been quite a situation on the ground right

beneath us. eric garner was tackled after he claimed -- a medical examiner ruled that death a homicide. but we'll get into what that actually means. you can see from the video an officer grabbed mr. garner from behind. his arm is around garner's neck. at least four people surround garner and bring him to the ground. garner repeatedly tells them i can't breathe, eleven times he says that. and he later dies. since the grand jury announcement this afternoon the crowds have grown louder and larger in new york. protesters reportedly targeting the rockefeller center christmas tree lighting, which is tonight. in fact, moments ago it was scheduled to happen. many of them chanting very familiar phrases. watch. >> hands up! don't shoot! >> hands up!

don't shoot! >> i can't breathe! >> i can't breathe! >> this scene earlier near the fox news headquarters. we are right near rock center and protests have gathered here, times square, rock center and beyond. we are waiting to hear back from police on how many arrests they made tonight. just a short time ago the attorney general of the united states eric holder announced that the justice department will proceed with a federal civil rights investigation into garner's death. and earlier president obama weighed in as well. listen. >> but i want everybody to understand that this week in the wake of ferguson we initiated a task force whose job it is to come back to me with specific recommendations about how we strengthen the relationship between law enforcement communities of color and minority communities that feel

that bias is taking place, that we are going to be scrupulous in investigating cases where we are concerned about the impartiality and accountability that's taking place. when anybody in this country is not being treated equally under the law, that's a problem. and it's my job as president to help solve it. [ applause ] >> but did that happen in these particular cases? while we track the protest marches, trace gallagher will detail what happened in this latest case today. trace. >> megyn, not only is there videotape from eric garner case, there are contacts left out. garner was selling single cigarettes when he was confro confronted by an officer. garner immediately confused police by harassing him saying he was minding his own business.

watch this. >> this guy right here is forcibly trying to -- somebody else for breaking up a fight. >> you can hear the man who's actually taking video on the cell phone. now as police approached him garner tried to slap their hands away. officer daniel pantaleo then forced to bring garner to the ground. some call a chokehold, others a head lock. police commissioner william bratton at the time said this. listen. >> as defined in the department's patrol guide that this would appear to have been a chokehold, but the investigation both by attorney's office as well as by our internal affairs will seek to make that final determination. >> the patrol guide bratton is referring to defines a chokehold as, quoting here, any pressure

to the throat or windpipe which may prevent or hinder breathing to reduce intake of air. after he was on the ground, officer pantaleo can then be seen putting pressure on garner's head with garner repeatedly saying, i can't breathe. he died a short time later. the medical examiner called it a homicide caused by compression to the neck and body with asthma, heart disease and obesity as contributing factors. the police union says, "we believe however that if he had not resisted the lawful order of the police officers placing him under arrest, this tragedy would not have occurred." and it appears, megyn, the grand jury agreed. megyn. >> trace, thank you. joining us now with more -- well, standby actually because one of our producers caught this scene earlier near the fox news world headquarters that you're looking at here. again, police are not confirming -- watch this.

and you can see the police presence on the streets of new york city tonight where they are more than prepared for possible backlash in the wake of this grand jury in staten island's decision. police not confirming the number of arrests so far but our crew on the street says there are a number. mayor de blasio says what we are seeing tonight is tied to a long standing problem. listen. >> we're not just dealing with a problem in 2014. we're not dealing with years of racism leading up to it or decades of racism. we are dealing with centuries of racism that have brought us to this day. that is how profound the crisis is. >> really? so that's it? it's about racism? well, the mayor has spoken. you've got it.

joining me now new york city police commissioner and also fox news analyst, defense attorney right here in new york city. so he know ths justice system well. let me start with you on that, mr. commissioner. today's story was controversial, and we'll get into that. but what about the mayor coming out and saying this is racism, that's what we're dealing with here? >> i'm not even sure what he was talking about. centuries of racism? look, i can't speak for the mayor. i watched the videotape. i didn't see everything the grand jury saw or heard or the witnesses they heard from. but at the end of the day i too believe that garner would be alive today had he not resisted arrest and complied with the lawful arrest. it was a lawful arrest. >> let's talk about that. how do you get he was resisting? we've asked producer to show it down so we can see what the

police are talking about. because their claim is that they tried to place him under arrest. here, look. that they tried to place him under arrest and that he resisted and that's when the arm went around. let's -- if we have a slowed down version to the folks can see at home. why do you say he was resisting? what part of this is resisting? >> what happens, kelly -- look, i don't see what you're looking at is at the end of the day the officer says you're arrest. at that point the officer goes to place handcuffs on you. if you resist in any way, then they have by law and arthur will get into this i'm sure, they have the right to use force to effect that arrest. if you escalate force, if you escalate your resistance, that force is going to be escalated. and in this case, look, i saw the size of this man. i saw the size of the officer. if i was that officer, i'd be extremely concerned about this guy, his size, his power. >> okay. but listen, before we go to

arthur, the defenders of mr. garner, his family, the folks believe he should have been indicted today, they were arresting him for loose cigarettes, a slap kind of crime for which he effectively received the death penalty. he was heard saying eleven times, i can't breathe. is that not the definition of excessive force? >> taken out of context you can be right. but at the bottom -- at the end of the day it doesn't make any difference if they were arresting him for loose cigarettes or arresting him for a violent crime. once they say you're under arrest, they can say, hey, oh, time-out, you're too big, you're too strong. we'll come back tomorrow and get you. they're going to place you in handcuffs. if you resist, they're going to escalate their force. and in this case i think that's

what happened. >> arthur, when you see the tape, do you see a man resisting arrest? >> yes. so what i do now is i'm the lawyer in the courtroom who usually is attacking the police officers saying they didn't arrest my clients with the realm of the laws. so i can be kind of objective about this. what happens is the first use of force is when there's four or five police officers surrounding him. that's the first -- megyn, if that was you or i right away you're like, okay, there's an issue. everyone here has a deadly weapon on them. the second use of force is when they speak and says we're locking him up, no, no, no, that ends today. showing up is one level. the telling him we're going to arrest you is the second level. now they've put their hands on him. and as soon as he flails his arms -- and that's what's actually in the complaints. if you're in staten island and you get arrested for resisting arrests, it says while the

officer is trying to e effectuate -- they use reasonable force necessary to not hurt him or themselves. obviously they were wrong in defending the grand jury, megyn. nobody should think the grand jury thinks that the police officer is innocent, quote/unquote, or that he didn't make a mistake. what the grand jury found was he didn't do anything criminal. >> let's talk about that. not even negligent homicide? not even a manslaughter charge? isn't that basically a charge that would account for i didn't mean to kill him, i didn't do what i was supposed to do in a careful enough way. >> so correct. what you have to focus on also, megyn, is the medical testimony. the autopsy report found there was no damage to his wind pipe, there was no damage to the bones in his neck. >> said there was neck

hemorrhaging consistent with a chokehold. >> okay. and there was no doubt about it, right? you see the video. and don't forget unlike ferguson the grand jurors saw the video. they probably saw the video dozens and dozens of times. they didn't have to rely on other people's credibility. >> what about the fact the medical examiner ruled it a homicide. >> you know a homicide means it's an unnatural cause of death. means he didn't die under the treatment of a doctor. he didn't die of cancer being treated. >> that's not a term that implies crime. >> correct. exactly. people need to understand that. homicide does not equal crime. bottom line, when the grand jurors heard all the evidence, they determined -- you don't even need to be a lawyer to win the civil case. there's clearly civil negligence when he's lying there saying i can't breathe, i can't breathe, and so much time passes before ems treats him properly. i mean, his family is going to get a lot of money from the city, et cetera, et cetera. but they sat there and did 12 of

the 23 people think he committed a crime? obviously they said, no, he did not. >> i should tell the audience that the officer has released a statement saying he became a cop to protect people that can't protect themselves. i feel very bad about the death of mr. garner. my family and i include him and his family in our prayers. garner's wife said the apology means nothing to her. i got to go. commissioner, arthur, good to see you both. many of these protesters are chanting, hands up, don't shoot. a cry that's spread from ferguson, missouri. and based on a story that a number of witnesses testified in ferguson was not true. up next we'll speak live with one of the protest leaders. how is it about race when every witness who testified michael brown was charging that cop was african-american? >> well, because african-americans can make mistakes too. >> all of them? all six of them?

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there have been statements made about this particular case that seem to many to be beyond the pale including that the decision by the grand jury not to indict this police officer under these circumstances underscores an unwritten rule that black live haves no value and that you may kill black men in this country without consequence. do you standby that? >> well, i think that it does happen with impunity in some cases. i think that in this case we have a basic premise that has not been applied, and that is it is not enough for things to be right, they must also look right. >> how is it about race when every witness who testified michael brown was charging that cop was african-american? >> well, because african-americans can make mistakes too. >> all of them? all six of them? >> what about all of the others who said that he wasn't? >> but were they racially

motivated? they were trying to set up -- >> why are african-americans only racially motivated, megyn? >> okay. so they're racist too. >> i'm not saying anybody's racist. you said that. you're bringing race into this. >> i was bringing race into it. that was democratic congressman al green saying there's an epidemic of american police officers killing black men with impunity. the shooting of michael brown in ferguson sparked this debate. and many saying the symbol hands up don't shoot embodies their protest against what they see as an out of control police force. >> hands up! >> don't shoot! >> hands up! >> don't shoot! >> hands up! >> don't shoot! >> hands up! >> don't shoot! >> hands up! >> don't shoot! >> hands up! >> don't shoot! >> we're seeing more of the same tonight as the hands up don't shoot call is heard right here in new york city where thousands

of gathered to rail against a staten island grand jury's decision not to indict a police officer who killed eric garner in the course of an arrest, what we told you about in the last block. so a national movement is starting based on this mantra hands up don't shoot. but is that what really happened in ferguson? and does anybody care? dorian johnson was with michael brown when brown robbed a convenience store and then came face-to-face with officer darren wilson some time later. johnson told the media that officer wilson shot michael brown in the back. we now know that's not true. forensics disproved that claim. johnson claimed that brown then turned around and put his hands in the air. to surrender. and that that's when officer wilson shot and killed him. some witnesses before the grand jury repeated some version of this story. witness 16 said i looked outside, i saw brown turn around and put his hands into the air and get shot. witness 45 said brown turned

back around with his hands up to go back toward police. but other eyewitnesses including five african-american witnesses, totally disputed that story. they said that michael brown's hands were not raised. and some testified that the story was exactly as officer darren wilson claimed, that michael brown had charged the officer despite even the witnesses' confusion over why brown would ever make such a choice. witness 10 said "i could say for sure brown never put his hands up. after he did his body gesture, he ran toward the officer full charge." witness 30 said i've heard lots of people talking about how brown had his hands up. he did not have his hands up. and i could go on. at a minimum there is radically, radically diverging testimony about the hands up don't shoot narrative. and we know the grand jurors did not buy it. still many tout this as though

it was a proven fact. we've seen it by members of the rams, we've seen members of congress on the floor of the house. do they discount the testimony of these witnesses, these african-american witnesses in particular? do they simply not know about it? and does the truth really even matter? up next, political director russell simmons and editor and chief of globalgrind.com will join us. he's been outside of the fox news headquarters where the protests are underway. and he will respond to that question, does the truth matter? that's next. the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf, and the 45 highway mpg tdi clean diesel. and last but not least, the high performance gti.

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breaking tonight, thousands

protesting in the streets of new york city after a staten island grand jury decided not to indict a white police officer who killed a black man in the course of an arrest. the protesters tonight, just like those demonstrations in ferguson, missouri, are using the mantra, hands up, don't shoot, as a rallying cry of their movement. as i asked before the break, the question for us, does it matter whether that's grounded in truth? political director of russell simmons and rich lowry here as well. editor -- easy for me to say, for the national review. does it matter, michael? >> the truth? >> yeah. there was plenty of evidence michael brown was not saying hands up, don't shoot, with his hands up saying that. >> the truth absolutely matters. i think that's what we're asking for, to find out the truth. i think in a grand jury process, it's like analyzing practice and not the game. the prosecutor can show what evidence he or she wants to show. and not all the evidence.

you can indict a ham sandwich. it's easy to indict somebody. we haven't seen a trial. we don't know what's true and what's not true until someone goes on the stand and -- >> but you know what that prosecutor was probably thinking? how on earth am i going to convince a jury beyond a reasonable doubt if i take this case to trial that this was a crime when i've got five african-american witnesses who never went to the media, didn't want to blab on camera, never had the glory of the television camera and testify before this grand jury it was as the cop said. >> then just don't indict him. don't bring forward a grand jury process. >> come on. like the people of ferguson would have been okay with that. >> they didn't do it in sanford with trayvon, martin. >> that would have caused less controversy if he hadn't brought it to the grand jury? >> the logic is the grand jury heard too much evidence and the

public learned too much about this case because all the evidence was made public. so in the usual process the prosecutor wouldn't even have brought this before the grand jury because the evidence was so weak. but since it was so controversial, he brought everything to the grand jury and then gave it to the public. can you really object to that process? >> even when i was watching fox news today, people in the street they put their hands up, if they saw a cop in particular they put their hands up. the folks marching, do they know that five black witnesses were crucial in this case to officer wilson's case? >> do you know two white witnesses said he had his hands up? two construction workers? they don't want to believe him. >> i'm not saying it isn't what they say it is. i'm saying there's so much conflicting evidence that people out there like this don't seem to acknowledge that's a hugely disputed fact. >> then let's take it to trial and find out exactly what happened.

>> can't take it to trial unless there's probable cause. there was zero chance of convicting him. because of the evidence. let me make a couple points. one, witnesses oftentimes are wrong or make things up. there are lots of witnesses who say he was shot in the back. >> including dorian johnson. >> one witness said that. >> so that is wrong. and if we are really going to believe -- the physical evidence doesn't lie. it doesn't have any ulterior motive. and the blood trail, to get a little gruesome, shows he was moving towards the officer. so we don't know -- >> we don't know whether it was in a walk and a surrender or a charge. >> but -- >> could have turned and said i'm done. i stop. >> he puts his hands up and the officer's yelling stop and he keeps moving towards the officer at the same time he's surrendering. >> when you surrender you walk towards the person you surrender to. >> i'm not going to go through all of them, okay. but let me read these to the audience. i want to start with, let's --

the third one. the three full screens i read last night testimony before the grand jury. i thought he was trying. here's a witness who says i thought he was trying to charge him, meaning the officer at first, because the only thing i kept seeing was is he crazy? why doesn't he just stop instead of running? if somebody's pulling a gun on you, first thing i think is to stop. i could go on. he charged that cop. they couldn't believe why he would do it. >> so here's a scenario that's believable, darren wilson keeps shooting. he falls forward. the trail of blood goes forward. how is that not believable? and witnesses said that. the construction workers said that. two white guys. >> i got you. so the prosecutor represents to us that the people who told that story were contradicted by other forensics or their own testimony. but let me just say this -- >> he bagged his own gun. the medical examiner's camera didn't work. he washed his --

>> did officer darren wilson influence them? did he cohort them? what about the eyewitnesses who said the hands up? >> that's why -- >> the forensics show -- >> you are because you're out there doing this. and this may be a lie. >> yes, but it may not be a lie. ask it's not a lie -- >> it might be true so we're going to make it a national -- look, forensic evidence shows there was a struggle in the car and the shots happened in the car. >> two shots. >> right. does it make any sense you're a police officer shooting a gun off in your own car if there's not a desperate struggle going on? and then the forensics suggest the shots come in a downward trajectory which suggests he's not all the way up like this, he's probably charging. this all started with dorian johnson lying his head off saying he was shot in the back. he was shot in the back and

changed his story repeatedly to try to catch up with the physical evidence. and he never quite made it. and then you look at witness 10, witness 14, who saw what happened and said immediately crowds formed and they started with the urban myth about shot in the back and all the rest of it. >> let me jump in. you see the protesters here on screen left. >> yes. >> they were here in times square, now they are marching to the west side highway, which is a main thoroughfare here in manhattan. you can see look at the beautiful buildings. normally there would be a lot of traffic there if i see what i think i see. yes, i do. and this is -- so they're over there to make a point. this is a group of folks you were just out there marching with, michael. >> yes. >> what is the point? >> to exercise our first amendment right. we know our justice system's flawed. anyone to look me in the eyes and say it's perfect, we see guy who is are convicted and killed and then later on they were

innocent, dna evidence found later. so we know this justice system's flawed. and sadly for many african-americans in this country i've talked to so many young people who say they are afraid of the police because the police harass them. good young law-abiding citizens. i know as a white person police do not harass me. mr. wilson said get the -- on the sidewalk. when is the last time an officer said that to you? >> of course the criminal justice system is flawed. with the congressional black caucus saying black lives don't matter is a poisonous lie because most of the police effort and criminal justice effort in urban areas is devoted to finding and tracking down people who -- people who -- >> got to leaeaeaeaeaea she inspires you. no question about that. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph,

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jury in as many weeks decides it will not indict a white police officer in the death of an african-american man. with marchers shouting about both this case and the decision in ferguson, missouri, here you can see them marching on the west side highway right here in new york city. earlier tonight the mayor of new york not only encouraged the protests but said, this is a problem that's been a long time coming. >> just dealing with the problem in 2014 we're not dealing with years of racism leading up to it or decades of racism. we are dealing with centuries of racism that have brought us to this day. that is how profound the crisis is. >> now in a "the kelly file" exclusive and first tv interview since the ferguson grand jury decision, st. louis county police chief john bellmar, one of the first law enforcement officials to comment publicly. chief, thank you for being here tonight.

your thoughts on that, the mayor of new york has just informed us all that these cases we're seeing in your city and in ours are about racism. >> you know, megyn, it's interesting to hear that. i really didn't think that's what it was about the first of august when we looked at that. in fact, at the time it seemed like it might have been pointed towards citizens and police. and then i think eventually the racist theme, racism that overrides some of the conversations that we had seemed to sneak in. i think in some ways it probably marginalized what the protesters are trying to get accomplished with these police and committee relations. >> because when you throw the bomb out there you cops are all racist, you do what any human being would do is your back gets up, your defensive. you're worried about defending your integrity and honor. >> and frankly it's

counterproductive to dialogue. you know, every time that the race card's thrown out, then it's very difficult to be able to establish your position. and it's very difficult to form those relationships where you say, hey, we're the police, we're the 24-hour face of government. we're here for you. but then if we can't get away from this racist beast, then it's very difficult to move forward. >> tonight we're seeing protests in the wake of this grand jury decision here which obviously you don't have anything to do with. but you were in charge of the response i suppose the night of ferguson where we saw these terrible, you know -- this looting, these arsons, over 70 arrests. your thoughts tonight. because so far in new york things seem to be more under control -- the problem seems less severe as well. but you've come under fire for not responding more aggressively earlier. your thoughts on it. >> well, you know, it's a double-edged sword. i came under fire in august for responding perhaps too aggressively. i don't agree with that assessment in august. and then we take a look at monday night.

i know if you remember seeing the police cars i was standing about 50 meters to the south of that, two while of my police cars burned. we did the best we possibly could. i know the business owners in ferguson as well as anybody else and it was heartbreaking to see that. we've talked a lot about who to lay the blame on. but at the end of the day i think we need to keep in mind that those criminals out there with kerosene, lighter fluid, matches, they were intent on burning something something and they were not going to be stopped. and i think when we overlay that with the amount of sporadic gunfire in the area, frankly it was a very difficult situation for the officers to work under. >> yeah. do you think some of this rhetoric, you know, the mayor of new york coming out and saying this is all about racism, al sharpton, his fans, similar flames. so on. we've heard quite incendiary charges. even the congressional black kau sus saying there's license to go

out and kill black men in the united states. black men can be killed with impunity. is this having a potentially dangerous effect with respect to law enforcement and our communities? >> i think it is. because, you know, it's going to cause a rift at some point that may be very, very difficult for us to come back to. i talked a little earlier, we are the 24/7 face of government. we are looking to solve problems. we can't arrest our way out of a problem. we have to have the ability to work with the community. and i think when we drive that continual mantra of the police are bad and they're not accountable and they're not transparent and different things like that, it's counterproductive to what the police officers out there trying to do across the country because, again, we are the first line of government that people have to depend on. kp if we don't have those relationships or they're undermined by folks that seem to have a different agenda, it's going to make this very difficult for everybody. >> how did you feel when you heard the grand jury's decision

in ferguson? >> you know, i didn't know what to think. i hadn't followed it real close. i tried to stay away from it. i had a different job at the time, as far as preparing for the ferguson decision either way. i felt like the grand jury had access to a whole lot of information than i did on the case even though my detectives investigated it. and i feel like that that is our civic process. we have to have the ability to have enough faith in our system. i understand skepticism, but we can't be cynical. >> chief belmar, thanks for being here, sir. >> thank you, megyn. up next on "the kelly file," one of the biggest supporters of president obama's executive action on immigration will join us live. and we will ask him about the president's dramatic reversal on the issue of his own power. plus, we are tracking the protests in new york and washington where we understand they are now trying to shut down this major highway into the city. and we'll be back with more in moments. i've been called a control freak...

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we are tracking the protests in new york today where thousands have marched from times square to rockefeller center. well, can't tell exactly how many there are, but they're now chanting, shut it down, shut it down, eric garner, michael brown. they want to shut down the west side highway. they tried to shut down the rockefeller christmas tree

lighting. it did not work out. now we're told they're headed to lincoln center. protesting a grand jury decision not to indict a police officer here in new york in connection with the death of a staten island man who died after police restrained him during an arrest. they converged on the heavily secured area around the annual rockefeller christmas tree lighting carrying signs and hand scrawled placards reading "black lives matter" and "fellow white people wake up." we'll keep you updated. there are new developments tonight as well on the immigration battle playing out across america. 17 states have now filed a lawsuit against president obama over the unprecedented executive action he's taken on immigration, a move he now says he did have the legal authority to make. of course president obama said at least on 22 times on camera that he wasn't a king, he wasn't an emperor and did not have the authority to take the action he took. congressman gutierrez has been a

staunch supporter of president's actions and said the president just recently learned how broad his authority really is. congressman, good to see you. to your credit you've been consistently strong on this. your position has been clear. it has been pure, if you will, you've been consistent all along. but that is not true of our president. i want to get you on record, how can he look you in the eye, you and the telemundo anchors so specific with him saying, no, no, no don't look at me and say you don't have the authority to change the law. i'm not asking you to do that. i'm asking you to do an executive action to get us through to the point when we can change the law. and he repeatedly looked at everyone and said i don't have the authority. what do you make of the reversal? >> well, first of all, megyn, thanks for having me on. first time. hope we get to do it soon. always look forward to this. let me say that i have been persistent and consistent with the president. and he did have the authority, he used it, megyn, as you

probably recall in 2012. >> the dreamers. >> yeah. said i'm no longer going to support the undocumented immigrants who came here as children because he saw the same values he said he saw in his own two daughters. and the pledge allegiance to the same flag, your kids and my children pledge allegiance to. so he set them aside. we went to the democratic convention, we didn't put them at 6:00, they put me at 6:00 when nobody was watching. but they put the dreamers on prime time. ask then there was an election and he won by 5 million votes. seems to me that the action he took the republicans were pretty silent on it. i think it was a good fundamental decision. >> that's true. they did nothing about it. i've asked republicans on this show about it. if you were so upset, why didn't you do anything? but here's where i'm coming at it from. i think the people deserve an explanation. doesn't presidential integrity and honesty matter? can't we just start there? can't he just look at us and say

this is why i reversed myself? this is what convinced me i did have the authority. because he spent six years convincing everybody that he did not. >> okay. here's what the president would say to me, megyn. i can't stop all the deportations. i can't do it. that's what we were demanding. as recently as the past summer i went to the white house with a group of other colleagues of mine and we said, mr. president, we think you have the authority to stop and set aside the deportations of 8 million to 9 million people. >> you know he was asked about more specific than that. >> but, megyn, he gave us five. he disagreed with me. he called his lawyers in. but one of the things i think we need to understand and i want to share this with you and your audience tonight, i think the president really wanted and still wants to achieve a legislative solution. >> i know. i get that. and the congress has given one. -- but this is about whether he

is a king now, he is an emperor now. >> can i -- >> yeah, i'm trying to get you back on point. >> i understand. i'm trying to give you my perspective because you have to get in why the president did a pretty difficult thing to do. but every time we'd go he'd say no. i want the legislative process to work. >> and he said i don't have the authority. >> and i want to give it a chance. and when you want and you're so focused on the legislative process and working with republicans in a bipartisan way, you put alternatives to the side. but here's what he did, megyn, he called his lawyers in and he asked them what is it can do? and he expanded on his authority he began -- >> than the last month? >> to me it was a natural evolution in the decision making process. he saw community of people. >> you're a good friend to him. you're a good friend to him. listen, i know you got the result you wanted. >> i'm not a good friend -- but, megyn, here's what i want to be. >> quickly. >> i want to be a good friend to

america and i want to fix our broken immigration system. and i want to thank you for having me on. let me tell you, i want to work with my republican colleagues. i respect the majority in the house. i want to work with them. >> i got it. >> simply suing the president doesn't simply resolve the problem. let's fix it. >> i want to talk to you for another segment but i can't because we've had so much breaking news. >> thanks, megyn, for having me on. >> all right. all the best. governor rick perry is live here to respond. kinda: we're new to the pacific northwest. the rain, the mud-babam! it's there. the outside comes in. (doorbell) it's a swiffer wetjet! oh, i love this! i could do this everyday. ewww. sunshine is overrated, now we can get messy.

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getting live pictures back from atlanta now where protesters are blocking roads there with a "lie down" protest after a grand jury cleared a white new york city police officer in the death of an unarmed black men. we've seen these popping up in places today. a grand jury in staten island could have opted to recommend that the officer be tried on

charges ranging from reckless endangerment to murder, but did not. as these protests develop we will stay on top of them for you. texas governor rick perry announced an executive order of his own today. not quite as sweeping as president obama's executive order. the e-verify program tells employers if perspective workers are in the united states illegally. governor, good to see you today. >> megyn. >> respond to my conversation with the congressman on whether the president owes us a straight explanation for his newfound ever collusi evolutionary -- >> this falls the way this president operates. if you like your doctor, you can keep your doctor. if obamacare goes into place you'll see the cost of medical go down. and this president does not mind telling whatever he needs to say

at the moment to further his political agenda. that's what this is, it's a straight up political agenda. if the congressman would like to have a legislative fix to this, i would suggest to him that you must secure the border first. the american people do not trust washington to come up with immigration reform until they secure the border. that's the reason when the president was here this summer i asked him to come and take a look at the border, mr. president. we will show you what challenge it is. and when he refused to do that, that's when we sent the national guard. if washington will not do the job of securing the border for this country, america will step in -- excuse me, texas will step in and do the job that the federal government's failing at. >> i cannot tell you how much i would like to continue this discussion. we've had a crazy hour with all this breaking news. can i invite you to come back and we'll continue this discussion very soon, sir? >> indeed we will. >> all right. my apologies for the short segment to you and to the audience.

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city following the decision not to indict a white cop for killing a black man. they will now conduct a federal investigation into his death. he was killed in a altercation with cops. much needed rain sweeping across drought stricken california for a second day. the mountains east of los angeles getting more than 8 inches of rain. there are fears of flooding and mud slides however. experts say it would take many more downpours to pull the state off the drought. i'm robert gray. "hannity" starts right now. welcome to "hannity." this is a fox news alert. a grand jury has cleared new york city police officer daniel pantaleo in the head lock death of eric garner. it all started when garner was