though who are not, to recognize the season and recognize that a lot more unites us than -- this is a fox news alert. a decision has been reached by another grand jury in yet another case involving a white police officer and a black suspect who died after a confrontation. nypd officer daniel pantaleo will not be indicted for -- rick lebenthal is outside the courthouse in stannen island. rick, go ahead. >> reporter: the nypd on heightened alert after no criminal charges for the officer -- garner, a father of six, had 31 prior arrests, he

was stopped that day for selling loose cigarettes. there's cell phone video of the arrest, garner's 6'3", 350 pounds, clearly resisting in the video. officers attempting to handcuff him, you could hear garner on the ground saying i can't breathe, i can't breathe. the grand jury has been meeting since late september, 23 jury members heard evidence and testimony from more than two dozen witnesses including the officer, they ultimately decided that that officer did not break the law, even though the new york city medical examiner ruled the death a homicide caused by compressineck, compression of the chest and prone positioning during the arrest by police. the officer was suspended by the department after the incident. he also faces possible disciplinary action, and there's also a civil rights action that could come out of it. and garner's family says they

will file a $75 million civil suit against the officer. now the real question is, will there be protests, there already are some and the question is how big will they get and will they turn violent? >> i heart earlier there were people protesting staying i can't breathe, that was their call or chant, i can't breathe. >> reporter: not here outside to the da's office, not outside the courthouse. we saw a small the demonstration outside the warehouse where garner was actually choked and died. we know the mayor is here, he's meeting with community leaders, clergy and he's expected to make a statement in a moment. >> rick, this is beckle. if the medical examiner said this was death by choke, and the cop did that, and it was homicide, basically is what he

said, what's the reason for saying that he wouldn't be indicted? it seems to me that it would be fairly clear. >> well, they had a number of witnesses at the scene, they had forensics experts and other experts in police policies. if you watch that video, you u see that they attempted to put hand cuffs on eric garner and he resisted arrest, he didn't allow them to do that in the way they wanted to, so that precipitated that chokehold to bring him down, he was a very large man, that must have come into the grand jury's decision process. the da says he's bound by new york law not to divulge what happened inside that investigation. but he has asked for permission to release those details. so if they allow him to do that, he's ready to go out and tell everyone what evidence was presented and how that grand jury reached its decision. >> rick, indulge me while i

editorialize before i ask a question. my feeling is this isn't about outrage and discrimination, it's about untaxed cigarettes in new york city i believe, it's the highest taxation on cigarettes, $1.50, i believe, the tax rate has gone up 100% since 2006. i don't they's a coincidence, this guy died over a loose cigarette. you mentioned that he had 31 arrests, how many of those were for selling loose cigarettes. >> reporter: i couldn't tell you how many of them were for selling loose cigarettes, but i can tell you that there are a lot of people that are saying that no matter what the arrests were for, no matter what that particular arrest was for, there is no reason, there should be no cause for an unarmed man to be killed for a petty crime. in fact the new york senator gill brand came out and said it

was shock, this no indictment. and she will pursue a federal investigation, a civil rights investigation, because there were no charges brought here. they could have come back with a lesser charge, not negle-- >> 12 minutes of the grand jury. we don't know the exact composition because of that decision, because those have not been released yet. >> my understanding is 22 members of the grand jury, 15 of them were white, eight of them were black or hispanic. >> the voting is what i was going to say. >> the way the voting broke down, again, we don't know, but that's something that the da possibly could release, that's information they could release. >> they're seeking to release. in terms of the people asking about federal civil rights, that's going to be incredibly

difficult to pursue, in my personal opinion as a prosecutor, again, we're not privy to what was presented to the grand jury, just by looking at the video, the actual incident is on tape, versus the case of michael brown and here it becomes a real question as to the number of officers taking down this individual, the deceased and whether or not the force was eck saysive, that was used, especially in light of the crime that was being committed and the fact that he did not even possess a weapon or did not appear to be resisting, more just kind of subtle movements. i'm just surprised that that shouldn't have been considered more. >> reporter: i'm not aware of the officer being suspended, he could very easily lose his job, there will be a disciplinary internal investigation of this whole episode. you mentioned the federal possible case and then there's a civil case, that the family is

intending to bring, and ly like will get some sort of settlement from the city of new york. >> we'll leave it right there, thank you very much. president obama reacted to the grand jury's decision moments ago. >> as you know, there was a decision that came out of the grand jury not to indict, police officers who had interacted with an individual named eric garner in new york city. all of which withdraws caught on videotape and speaks to the larger issues that we have been talking about now for the last week, the last month, the last year, and sadly for decades.

my concern is that law enforcement is not working with them or dealing with them in a fairw fair way. my tradition is not to remark on cases where there may be an investigation. >> greta has been closely following the case. get that, last night i watched your fantastic coverage of the ferguson trial. you said pay particular attention to grand juries. do you u still feel that way after the grand jury's decision? >> i i disagree with so many grms, whether i have won or lost, but it is deeply disturbing the to look at this particular video, this man was unarmed, he was selling cigarettes. this wasn't robbery. he had several cops standing around him.

when he said he couldn't breathe, that would have been a great invitation to stop. i don't know what kimberly thinks, i haven't been a prosecutor. but this one? it's really quite stunning. one of the reasons i'm very deferential to grand juries is because i'm not in there for all the evidence. this is unique in that we sort of have a lot of the evidence. it's all caught on videotape so that we can actually see it. i don't know what else they were presented. but when he said i can't breathe, that would have been a good time to stop. we don't do the death penalty for selling cigarettes on the streets. >> what went down is all on tape for everyone to see, that's not subject to outside interpretation, you can see it there on the video, you u eve got a pretty good angle of it. when the ice use of force is ca on video, and you can see the

very little resistance that he's giving. this man is not posing a threat or danger. >> he said i can't breathe, so how about stopping at that point? the guy is in terrible distress, i can't breathe? that would have been the first time i took my hands off him. remember, he's unarmed, he doesn't have a weapon, he's unarmed, he hasn't threatened the police officer, he's mouthing off to him. that may be obnoxious, but that's certainly not a reason to have excessive force. >> the officer is probably going to lose his job because that is against nypd policy, the reason why choke holds are a reason for what we saw transpired on the tape. >> i'm very differential to grand juries, and i accept their verdict even when they disagree in my own cases, but this is one of those situations where we don't have to piece much together, we have it.

i would love to know why they didn't indict. >> greta, my question is twofold, so it's unusual for a grand jury procedings to be prevealed, but it looks like we might -- is second question i have is, do you think there's any federal jurisdiction here for any sort of department of justice case against either the officer or the police force itself? and i ask that because in the trayvon martin acase, the accident of justice and eric holder was looking into charges and those have yet to be brought. >> dana, what makes the difference for me is the fact that it's on videotape. this one actually took a little while. it's not a he said/she said, we can can actually do it. and one of the things police officers are not supposed to do is use excessive force, and i

think when someone says i cannot breathe, and you have several police officers there, i think they have now passed that threshold where it needs to be looked into. i think this is a very bad time to have this happen, in light of what happened in ferguson, but this one is on videotape, unless there's some other evidence out there, but this one, i can't breathe. >> you said you don't have access to all the evidence. give me an example of the kind of ed that you think you would find strong enough to overcome this tape? >> bob, i don't even know and the reason i say i don't have all the evidence because i look at this with my eyes, i know grand juries, they work very hard and they do a healreally g job, and i have to imagine that they saw something or have something that i haven't. i can't breathe, it's a very low threshold to simply indict. because i have so much respect

for grand jurors, there's got to be something else. >> forget the grand jury, what worries me is how in the press will lump all these cases together, and the way president obama which i find fault with, he says that this particular case speaks to larger issues about unfairness. i don't believe it is about unfairness. it is about a nanny state, that punished a man for selling a loose cigarette. he was supplying a demand, he was working for a living, he was doing something good on the street and he got killed for it. this is not about race discrimination and i don't think it should be lumped together with any other trends that are going on. this is a separate and devastating story. >> you know what? i think, greg, that this is very unfortunate timing. but i think it's always an important issue to be discussing, you know, how we have justice, law enforcement, being a police officer is a

tough job. and you're out on the street and a lot of people are obnoxious to you too. but we expect police officers to do their jobs appropriately. and it's just very difficult about this, i don't know whether it's a nanny state on the cigarettes. but with things like robbery, those things bother me a whole lot. >> greta, my point is, if we didn't have this law that arrests people for loosies, this man would be alive, the police wouldn't have been in that situation. >> probably a lot of police officers look the other way on a lot of silly crimes. they see a lot of stupid stuff and they just stop it, and they use their judgment. why are we going to clog the system up with ten people selling cigarettes illegally, and underaged drinking.

>> does the grand jury system need to be fixed? the grand jury is picked from the place that the case is going to be heart or not heard. >> i like the grand jury system, because historically it's a way to protect someone who's accused from an overbearing prosecutor. the citizens are there to sort of protect the individual. grand jurors work very hard. they're at the beck and call of the prosecutor. we don't know what the prosecutor presented to the grand jury. i still admire grand juries, and i still think it's a great idea. it's like democracy, democracy isn't perfect. >> when you get called for grand jury service, you are in for it. you could be in there, 30, 60,

90 days serving time as your civic duty. i was given this case and i had to put it forward and proffer it to the grand jury. there's two big pieces of evidence that i would present, one the video, it sort of tells the whole tale. two, the coroner's report. and the -- you look at the video and then you have the fact that he asked for, you know, essentially medical attention saying that he couldn't breathe. i'm really not certain what other evidence could some forward besides some kind of utterance where the officer felt in danger for his life, like i'm going to kill you or he patted him and saw we had a weapon on him. >> any death at the hands of another person is homicide, people think homicide. for instance, self-defense, if

he were raising a gun another the police officer. remember, he wasn't armed and there were several police officers standing around and they had time to assess him. we got to watch this little dance between him and the police officers leading up to this. so there was plenty of time. i don't see the legal defense to this. that's the problem. what's the defense, to the police officer is scared? the only thing you can say is possibly it was accident. if it was an accident, why didn't he stop when he said he can't breathe? >> 246s on the street and he had a significant number of people on him. >> in my wildest dreams, i don't think the police officer intended to kill him that day. this officer never intended to. this is grossly unfortunate. however, there's place between not intending to do it and excess sif force. >> greta, i think we have time for another question. in ferguson, one of the accusations immediately was that the ferguson area had rampant

and systemic -- when you have many meinority cops, this was a white officer and a black victim. but when you have a majority/minority, the majority of applicants to the police department in new york city are minorities and they have done a magnificent job of in6r7mentes - what would you expect from either the prosecutors or law enforcement to keep the situation calm? >> i'll tell you that not every confrontation between two different races is racism. i think each one should simply be examined on the facts. you know, what happened here and

i think the race here is irrelevant. i know there's always been sort of simmering tension. but i'm not so sure if it's races on the streets, but it's actually people on the street and police officers. people get pulled over by a cop when you're speeding, you don't like the cop. >> thank you get that for clearing that up. we're awaiting a news conference soon from the mayor of new york city on the garner case, we'll keep you posted on what bill deblasio says.

. michael brown's stepfather may be trouble in the law after he was caught on tape doing this. >> [ bleep ]. [ bleep ]. >> well, local officials are investigating whether louis had attempted to incite a riot after calling on protesters to burn

down ferguson last week. he has now apologized for his actions, saying his emotions got the better of him last night. but he's saying he should not be blamed for the country's condition after the grand jury's decision. >> this guy should be given a pass, he admits that he shouldn't have said it. i can't even fathom the idea of putting this guy before a grand jury. talk about inducing more riots. i just find it amazing. >> you can say what you want when you want to say it. there are limits, you can't yell fire in a crowded theater, you can't yell bomb on an airplane. because it creates possible injury. he's basically saying the same thing, he's yelling fire in a crowded movie theater. he's saying burn the city down, and maybe people got agitated

and they may have hurt people. he's being charged with inciting a riot, he needs to be at least -- if you two indict him, you look at officer wilson indicted but not indicted. but you still got to go with what's right, and what's right is for him to have some kind of recourse for him doing what he did. >> this type of prosecution of a grieving stepfather could further fan the flames and incite another riot. is it enough that he had the suffering and the emotions were high, and is it right to exercise prosecutorial judgment? >> you have the discretion to say, this is the type of punishment you should have or not. and in this case, i could see why you would wanting to punish the insider, because yeswhere'se

justice and the restitution for the shop owner, but having said that, the overarching -- the prosecutor would have to say we're going to let this one go, even though i don't want to. >> i would focus all my attention on arresting and punishing every looter and asking yourself why no one was there to protect those businesses to begin with, and watching everyone lose their lively hood because they were too scared to enforce the law. and i'm more impressed with why people are more incited by charles barkley calling them scum bags. >> did his comments lead to any looting. >> the place burned down. >> i don't think you can necessarily say it was his comments and looting took place. >> it would have happened

anyway. >> if you go on an airplane and you yell i have a bomb, it's not whether anybody got hurt, if it did happen, you have a case, cut and dried. there's 4 buildings that caught on fire. >> to show some kind of causal link, is it too great a -- the property looting and burning and destruction in ferguson. you'll never get a jury conviction on this. >> the question i would ask if i were the prosecutor, and i was a shop owner and a taxpayer in missouri, i would ask why was the national guard not there,

it's not like somebody came in unannounced and they didn't have any preparation that somebody was going to come in and yell fire in a crowded theater. they knew for months that this was going to happen. it wasn't just the stepfather that caused it. there was planned action all along. and there was no planned response. >> it was a serious omission. >> that's a question that has not been answered. i don't think we should let up on it and the governor and the prosecutor needs to explain why that did not happen.

here's some stuff that's received les media coverage than elizabeth louden, that low level republican who criticized president obama's kids over

their clothing. a store owner murdered in miami on thanksgiving day, his wife was about to give birth, not a big story. that bosnian man beaten to death with hammers, he was unarmed. where's care? the black panther plot to murder cops and blow up monuments, it's terrorism, but in a few years they'll be professors. the deaths of ferguson commerce, if somehow they aren't marginalized. what they said about the obama kids is worse than all that stuff. maybe networks were right to park vans in front of her parents home, and papers were right. but cnn blames this obsession on a slow news cycle. yeah, i ran isis looting, it's been a real drag. in fact is it's the media picks

the good guys and the bad guys. and the consequences that it brings, the mayhem, it's all brought on by the campus's never ending guilty. louden didn't hammer anyone, she didn't burn anybody's business, she was worse as far as as the media is concerned, she was a republican. i want to do a little montage of the rampant news coverage of ms. lauten. >> leave families out of the fight. however, tonight a republican staffer is out of a job after something she wrote on social media about the first daughters. >> back here at home, a republican aid sparking a firestorm when she posted criticism of the first daughters. >> also today, elizabeth lauten,

whose comments about the president's daughters sparked a firestorm. >> what she did was dumb, if she worked for me, i would have fired her or suspended her. >> 100%. >> but what the media is doing is worse. >> i immediately thought because she's supposed to be in pr, and she's supposed to have judgment and she's supposed to know about reputation management. when you work for a congressman, even if it's a congressman that no one has heard of, you have an obligation to be smart. you represent not only yourself, but also where you work. so i thought that it was right that she resigned and i think she should have been fired. however, the media and the left took it so far, just one step too far, being so ridiculous. and you showed the network news coverage, social media was insane. >> they love this stuff.

>> and now it's so far that they almost look more ridiculous than she did. >> eric, google news search, you googled her, 2 million hits. the democratic rapist, 226 hits. that's no sign of media bias. >> no. >> can i talk about her for one second? this happened, i happened to be with my son and i showed him, i told him what happened and he said, you know, dad, i hate it when you put my picture on tv, i can imagine what those people are going through, being the president's daughters. so in that respect, the obamas did everything right, there's nothing wrong with that. lauten should have been fired. msnbc, 14 days after gruber's clips were exposed, nbc news had not one mention, zero references, one, the first night avenue lauten.

>> she's mid to low level, nbc spent more time on this gop staffer than the gruber scandal, you're okay with that, i'm sure? >> i'm fine with that. it's one thing in washington. >> bob, the media got it rite. >> it's a given that you don't go after the children of the president of the united states. >> wait, the bush kids? come on. >> remember the -- >> constantly drinking? not s i'm saying that was the impression. >> a staffer going after the bushes for -- >> they're on the cover of "people" magazine. >> you're talking about media, i'm saying the democrats didn't go after him on that. >> why do you think they did? because the democrats loved it. >> plus the fact that she was loaded in that bar. >> you know what? now you're being -- >> anyway, can i get back to

this woman for a second? >> yes, you can. >> i think i can sort of understand why they would find this a more interesting story, e interesting story. >> but this is media obsessed. is it too late for the media? they are too far in the tank that they'll never come back. >> there's no brain pill or vitamin for them or elixir in fact. there is no help for them. the only thing i want to say is that we really ruined it for her. she was in the picture there with blond hair, then she saw her with her hair colored, dark, so she has nowhere to go except some kind of fiery shade of red to avoid any public identification going forward. >> if you had a bunch of cuts of you, you wouldn't see red. >> social networks have killed more jobs than president obama. all right, could you pass a u.s. citizenship test? high school students in one state may be required to take them soon in order to graduate.

dana's got some of the questions

knchs you name is number of armies in the constitution? what about the power of the federal government, and if you can't answer those questions, you might not be able to graduate from high school. several other states are considering a similar bill. just going to give you u three examples of the questions, who was president during the great depression and world war ii, answer of course, franklin roosevelt. how many justices are on the supreme court. out of those, 9. during world war ii? >> it says during the great depression. >> hoover and roosevelt. hoover during the great

depression and roosevelt during world war ii. >> and what did susan b. anthony do? this is a woman who worked for women's rights. >> does everyone know that? >> not everyone knows that, and this is the reason that the state legislators are deciding to put forward this case. you only have to get six right, so six questions out of ten. >> i asked 20 people, why -- --- >> isn't this part of american history class? shouldn't you already be getting this? i don't know, i feel at least our president should know the number of states, so i'm for this. >> that's true. >> i don't have a problem with this. if you're asking people coming to this country to pass this test, we shouldn't be too good for it, we should know it as

well. >> attal high scho high schools country, there's requirements to be able to graduate. so is it too much to ask to be able to get 60%. >> it's an indictment to the education system and their teachers if they don't know the answer to this. they're pretty simple questions. >> if you have worked in government, you might not know. but you have to study for all of em. . >> we got to six and we ran out of steam. >> have you seen the test for immigrants? >> yes. >> it's difficult. and the cool thing is, once you pass that, and you're an american citizen, you know more probably than 80% or 90% of americans walking around. >> you know who can acnswer all these questions? jonathan hunt. >> because they just went through their citizenship test. peter studied and he said you can take an online test. >> what's the capital of new

dakota? >> new dakota? it's not called new dakota. >> it's a trick question. >> coming up, a little girl with around enormous heart has a story that's warming all of our hearts. it's a story you

test he is people are starling to gather in times square where the police officer was not indicted. >> i received a phone call from the united states attorney general eric holder and the u.s. attorney, loretta lynch. they mentioned the investigation by the u.s. attorney will move forward, that will be done expedestri expeditiously. >> they're talking about an investigation to do what. >> indict him? >> basically they want to see if

they can get public support, so people can feel a little bit calmer. we are investigating this, and make sure that we're going to be thorough. because what are we going to do about it? we're going to protest because -- look at the trayvon martin case, nothing's ever come of it. the federal standards are very difficult to meet. what exactly is he going to do? the only thing that's going to happen is this eric gardner case is going to be that that officer is going to lose his job. >> do you think that's going to take the heat off? >> that's what they did in ferguson, we haven't heard the outcome of whether they're going to investigate or indict the officer in ferguson. in staten island, they said no, there's not enough evidence to indict. if they do indict him on a federal level, would that make people more likely to protest? because it would indicate jury bias? >> or would that satisfy? >> i just think it's very

difficult, high standard. >> i think a little bit of a public relations effort to try to take the steam out of it? >> i think it's a standard in good practice, and the keyword to me was expeditiously. but that means different things to different people, sometimes the wheels of justice turn very slowly and not as fast as people would like. >> it seems to me like this is the right thing to do. why not? >> it feels like the right thing to do, but it feels like the same old faces are going to be involved in this process and there are often people that infuse politics into -- race into politics and vice versa. i'm going to go back to what i said earlier. this is the simpymptom of anoth necessary law, if you didn't have this law, this wouldn't have happened.

>> the essence of that law is the tax. here's a tax, one more thing is up next.

. all right, time for one more thing. >> i have a very heart warming story, when you think about generosity of spirit and it can be seen in even a 3-year-old little girl. in this case it was seen in arianna smith, who decided to donate her long hair to charity, to locks of love. she was inspired by seeing a photo of a young little girl who was suffering from cancer and had her head -- all her hair was gone, she was bald. so she decided to give her own. there you see her with her new sporty hair cut and it's a great lesson to teach and share with your children to give like this. the donald, you know who

that is? donald trump, who decided he was going to run for president in 2000, 2006, 2008, 2010 and tried in 2012, not be outdone, the donald has decided he's seriously now considering running in 2016. donald, the problem i have a candidate already. and that's teddy cruz, and i don't think you should get in his way. i have a perfect idea, cruz-trump. >> a person who has been married for ten years, i would like to wish my wife a happy anniversary. that's me in the middle. we met 11 years ago. we got married at city hall.

>> so this is your wedding photo? >> there is a special buffet at applebees in sometimes square. the way everybody does their 10th anniversary. >> you said you were having beef jerky for dinner tonight. >> i'm giving him a hard time, so let's just watch instead. two weeks ago, president obama signed an executive order that granted temporary legal status to 5 million undocumented workers and provided a path to citizenship for those that meet certain criteria, thus giving immigrants a new way to enter our country. ♪ oh, yeah ♪ president obama's taken a hard stance on immigration ♪ ♪ he wants to let everyone inside ♪ ♪ you got to do it the right

way ♪ ♪ you can't go in through the backdoor ♪ >> there's a mystery in texas today, it was discovered that 100 grains that have been in jars of formaldehyde were missing. the brains were there for research, then all of a sudden they disappeared. can you imagine me in the pr department? house republicans, they went to texas a and m. >> they came out later today and said that they found out that the pr people found out that they were destroyed in 2002 by environmentalal >> the grand jury rye decision

causing outrage across the country. >> al qaeda, the brand new video and what terrorists are demanding now of the president. >> and a smashing idea why worrying about a cracked iphone screen could soon be a thing of the past. "fox frien "fox & friends first" starts right now. ♪ >> that's a shot of times square with a different story last night. you are watching "fox & friends" first. >> thank you for starting your day with us this you thursday. protests over a grand jury

decision to clear an nypd officer in the choke hold death of eric garner. >> police arresting dozens of people for blocking the streets and yelling, i can't breathe. >> let's go to david lee miller with what's going on p. >> this was a night of anger frustration and dozens of arrests in new york city. protestors upset with no indictment in the death of eric garner. the streets of manhattan they attempted to block traffic on lincoln roadways the lincoln tunnel and the brooklyn bridge. dozens of activists laid on the floor at grand central station. the main focus was the nationally televised tree lighting ceremony. protestors tried unsuccessfully to force their way through barricades and around police. there were other demonstrations that took place in other countries including washington philadelphia and oakland. many demonstat