rockettes! >> five, four, three, two, one. we're out of here. bill: fox news alert. protesters hitting the streets of new york city. a grand jury does not indict a new york city police officer in the so-called chokehold case. many insisting justice was not served in the death of eric garner. he was age 53, a father and a grandfather. off we go. martha: i'm martha maccallum. last night there were dozens of arrests as the protesters began

to flood into new york city in the times square region particularly. they were chanting they do believe race was a factor when the police put eric garner in a chokehold back? july. here is part of a tape of that incident. bill: on that recording garner saying he can't breathe 11 times. the white house reaction was quick. >> this is an issue we have been dealing with for a long time. i'm not interested in talk, i'm interested in action. i'm committed as president of the united states to making sure we have a country where everybody believes in the core principle that we are equal

under the law. bill: between the christmas tree lighting at rockefeller center and the protests it was a busy scene. >> reporter: one demonstration is planned for later today, but at this hour in mid-town man things are quiet but things could soon change. demonstrators fanned out across the city. a few dozen laid down on the ground at grand central station, the major train station here trying to disrupt the major commuters. another target for protesters was the nationally broadcast christmas tree lighting ceremony. some of the protesters tried to force their way through

barricade and police. that event took place without disruption. 83 people were arrested, most for disorderly conduct. eric garner's family and some of the other activists have called for demonstrations, but they also said the protesters must be peace new. and so far most of them have been. of course, there have been exceptions. bill: the officer involved, age 29, been on the force for 7 years. what did he have to say? >> soon after word got out there would not be an indictment, the officer released a state. this is what he had to say. i became a police officer to help people and protect those who can't protect themselves. he went on, it iser in my intention to harp anyone.

i feel very bad about the death of mr. darner. i include hip and his family in my prayers. eric garner's wife speaking out in a news conference wasted no type in rejecting the officer's apology. >> hell, no, the type for reforce in would have been when my huh was yelling to breathe. >> reporter: the officer remains suspended. he remains on suspending as the justice department is conducting its own investigation into possible civil rights violations. bill: thank you. martha:ed the grand jury decision sparked protests not just in new york, but other places as well.

that's what it looks like in washington, d.c. yesterday. demonstrators chanting no justice, no peace. protesters marching in downtown seattle repeating eric beganner's word of "i can't breathe." in oakland some of them using the hands up, don't shoot gesture. bill: the fed are getting involved in this case. here is the attorney general late yesterday. eric holder on that. >> this is not a new york issue nor a ferguson issue alone. those who protested peacefully across our great country have made that very clear. martha: some legal analysts criticizing the grand jury decision as flat out wrong. judge napolitano says they were

flat out wrong. >> when you realize this is not a ferguson. this is not a person threatening the police. this is not a person trying to kill the cop which was the case in ferguson. this is a person committing up a low-level crime that doesn't even raise to the level of jay-walking. there is no reason to arrest somebody selling cigarettes to homeless people than is no reason for hip to end up dead as a result of selling cigarettes on the street. martha: another big question is chest excessive force. how is that defined in new york city? race also being brought up here. is that justified to bring up in this case? did the police just do their

job? we'll get into those questions. bill: this grand grand jury is different from the one in ferguson. they can ask questions of the witnesses. 14 were white, nine for non-white. in this case 12 jurors must agree to diet. to -- to indict. but they did not get 12 jurors in staten island yesterday. if the questions pertain to the case the prosecutor can ask the questions to the witnesses. that's not the case in ferguson. two different legal rules here between these grand juries in missouri and new york. martha: they looked in depth at the autopsy report with multiple

causes of death. there are some questions about how they say he died. it's a heartbreaking sad case and everybody feels for the garner family in this case. in the meantime, let's go to politics as republicans respond to the president's immigration action. the house gets ready to vote on step one of their three-point plan to keep the country running with a huh spending bill. they will take away the funding for the president's immigration bill. but this proposal is proving unpopular with lawmakers on both sides. mike, what is the republican's argument for and against this particular approach? >> some conservatives are pushing for an even bigger fight. texas senator ted cruz said

congress should fund the government but defund the implementation of the president's action. meanwhile here is the bill sponsor speak in favor of his legislation. >> this bill is not a partisan issue. this is about the rule of law, this is about honoring and revering our constitution. when we got sworn in this is upholding the constitution. >> reporter: expect more from speaker john boehner later this morning. he will respond to the president going around congress. martha: what are the democrats saying? >> they think it's a waste of time. top house democrats nancy pelosi and others are due to hold an

immigration news conference at the top of the next hour. expect they will blast this bill. >> you can't govern by a poll. you have to govern by consensus and compromise. this yoho bill is not about common sense. it's a tactic. >> reporter: nor harry reid says this yoho bill will not couple to a vote in the senate. but it does allow republicans to vent before taking over in january. martha: never do anything with the budget until you are 36-48 hours.

bill: the orion roarkt was supposed to go several hours ago but with some winds in the atlantic we are now back into a two-hour window. a successful test run could be one step closer on the mission to mars. we'll take you back there if and when it happens. this thing is going miles into space and coming back down with a parachute with a lot of heat packed behind it. march there are the meantime, another scandal could be rocking the irs after a watchdog group found out they forked over private taxpayer information and gave it to the white house. we'll ask the man in charge of the group why they refiewlsd to let him see what was in those papers. bill: an american woman murdered

overseas. martha: anne a house intel report making benghazi survivors very angry. >> we fought and bled for a government we swore to protect and now they are kawrlg us liars. we continue to feel betrayed and shunned by our own government that we swore to defend.

martha: police say they have arrested a woman in the death of an american woman stabbed to death in a shopping mall. ryan was attacked in a public bathroom after the u.s. warned there were threats of attacks against american teachers. the suspect wore a black robe. the police released the video showing her before and after the attack. entering the mall from an elevator and going out the same way. the embassies are warning people to keep a low profile.

bill: the irs trying to keep a low profile after hundreds of thousands of pages of information to the white house. the treasury inspector general admitting they exist but refusing to hand them over to an irs watchdog group. >> there is potentially confidential tax information going from the irs to the white house? we don't know. and that comes on top of the irs knowing they lost lois lerner's emails and now they found them. bill: dan, welcome to america's newsroom and good morning to you. i read more than 2,000 pages will not go public because of

privacy concerns. what do you say? >> this administration is scam belling to keep secrets that reveal the irs broke the law and even the white house may have broken the law by looking at americans' most private information. bill: what do you believe the white house saw on this that was so tender and sensitive? >> i think we can assume it has something to do with the political interests of the president. my organization, cause of action, has had to fight just to get this tran parent -- to get. my organization has received phone calls. we received emails from americans who say i'm concerned about may private information -- about my private information going into the hands of those in

political power. that's identity theft for a political purpose. bill: if the white house had this information, what would they be armed with? >> they would be warned abit to inspect and make any individual american, any corporation, any political donor a moving target and for the government to obtain information abouterday americans that may affect how the white house issues its policies and prepares for election. we brought this foia request right before the election and they stonewalled us. they continue to keep this secret as they continue to not tell americans whose private information may have been released. this is all an attempt to continue to politicize this administration and the american people want answers.

if there is nothing wrong here, tell the american people that. bill: can you convince a judge otherwise? >> my organization is going to continue to fight this. we believe while our most private information deserves to be protected, if there is evidence of inappropriate release to the white house or the white house intentionally looking at our information we have a duty to know that. this judge has already seen these documents under seal. the government had to produce them. after she saw them, she ruled in our favor. bill: i mentioned 2,000 document. it's actually 2,500 plus. >> we are to get another 500 documents in a week or so. and we wouldn't be surprised if this administration stonewalls us and says we can't tell you what's in the documents. why is it all these documents

were filed under seal to a judge but it's taking multiple months to produce them to a transparency organization. martha: an american hostage in the hands of al qaeda's most brutal affiliate. he's pleading for his life. what the terror group wants for his safe return. bill: a 911 call coming from inside a chimney. that's not santa claus stuck inside.

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bill: the job numbers are out. weekly jobless claims falling by

15,000 for the week. the national unemployment rate falling 5%. martha: another american hostage is being held by terrorists and is in danger. al qaeda's affiliate in yemen is threatening to kill nick summers. there is a video that reportedly shows summers. what have we learned from the video? >> reporter: the organization that analyzes terror threats around the world and has obtained video like this before. apparently it shows a man who

identifies himself as 33-year-old luke summers who says his life is in danger and appeals for help. it shows what appears to be a member of al qaeda in the arab peninsula to kill summers unless unspecified demands are met with 3 days which would be by saturday, presumably, ransom demands. martha: what do we know about luke summers? >> he has a dual british american citizenship. his father is british and his father american. he was born in england. on his facebook page he says he's from london but went to college in america. he was and deducted when he was work as a photo journalist. we are just getting this information. our sources tell us that there was a u.s. special forces raid

in yemen last week in which several hostages were rescues but summers was not among them. today according to our sources the body of a yemeni official was found dead close to where the raid apparently happened. so at this point yemeni officials are taking this threat seriously. martha: thank you very much, john. billbill: nasa is trying to go o the snects. martha: this nypd case sparking a fierce debate on race with some of the current and former leaders not seeing eye to eye.

>> one of the things the mayor and sharpton are doing, they are tearing down respects fear criminal justice system that goes back to england in the 11th century. t on some of life's biggest questions. like, if you could save hundreds on car insurance by making one simple call, why wouldn't you make that call? see, the only thing i can think of is that you can't get any... bars. ah, that's better. it's a beautiful view. i wonder if i can see mt. rushmore from here. geico. fifteen minutes could save you fifteen percent or more on car insurance.

i. martha: bill deblasio coming down against the grand jury's decision not to indict an officer yesterday. claiming race played a role in the so-called chokehold case. >> there are so many families in the city who feel every night, is my child safe. not just from the painful re-as the crime and violence in some of our neighborhoods, but safe from the very people they want to have faith in as their protectors. we are not just dealing with a problem in 2014, or years of racism of decades of racism.

we are dealing with centuries of racism that brought us to this day. that's how profound the crisis is. martha: kevin jackson is the executive director. welcome to both of you. obviously a very significant moment in all of this. a decision that surprised a lot of people. but is it all due, kevin, to what the mayor calls centuries of racism? >> absolutely not. deblasio could not be more wrong. wait has to do with is the decades that the democrats have been in charge of these urban indoctrination centers known as cities. in this particular case if this man had been white we wouldn't be having this conversation. deblasio has presided over the death of many, many black people

in his city and not said a word. all the democrats and independents who ran the city up to this point have nod said a word about these deaths. i understand this man died, but it was a simple solution to all of this he could have said take me in and let's get it hand. i'm not trying to minimize it and i think the process need to be looked at. but to make this racial and go back centuries is patently ridiculous. >> from looking at the video, the grand jury's decision here is totally incomprehensible. it looks like they might have indicted him on involuntary manslaughter on the very least. the guy actually said i can't breathe which ought to be a signal that -- the guy was unarmed. the crime was just petty as they come. martha: chars' reaction was --

charles' reaction was shared by a lot of people, and legal experts who looked at it saying there is a low bar for an indictment to go to trial. >> i have to say, i can't breathe, i can't breathe. it's very clear. i talked to a number of law enforcement officials regarding chokeholds and the various types of choke holds. but in someone is screaming i can't breathe and he's on the ground web's subdued. he did not have a weapon and to the point of race, the bottom line is the statistics are overwhelming with the amount of racial profiling not just toward african-americans in this country. the issue is -- i'm a white woman i don't have this plight. if a black man is walking in my

neighborhood he might be stopped and questioned why he is there. that's wrong and that's a violation of an individual's civil rights. the justice department need to look into these things as it is. >> they always go back to these steats. -- to statistics. the crime happens unfortunately with young black men. leslie and people like her always go back to that. there is another profiling that happens in black neighborhood. when police come, they don't help police, they look at police as the enemy. has anybody talked about that level of profiling? martha: leslie, a good question. >> i think these types of incidents play into that heavily. this is exactly what we are talking about regardless of skin color in this country i think we you a agree there is a divide.

it's become us and them between police and african-american communities in our country. the only way that will stop is if they do stop and think. if somebody says you can't breathe, release your arms from his neck. martha: they cape away with no indictment. we'll -- they came away with no indictment. obviously there is a lot of evidence to look at in this case. everybody has looked at this video. i want to play one more sound bite from you. this is a man who has experience turning around new york city from the depths of one of its worst crime ands in many, many years. listen to rudy giuliani saying there need to be more training for police. >> if he wants to train young black men how to avoid being

killed in the city, you can talk about police. police should never kill anybody unjustifiably. but you should spend 90% of your time talking about the way they are probably going to get killed. by another black. to avoid that fact, i think is racist. martha: is he right about that? >> he's absolutely right. we can go back to the social decline in the things leading to that. the other thing i think we should be talking about -- in terps of rudy nailing this, i think what happens is we tend to overlook that and it isn't as if blacks are bad and we have some problem with us in terms of our dna. it has to do with the situation we have been put in. rudy is right. we need to have these types of discussions and not running from it. we need to start going back to statistics.

>> i'm sorry to disappoint you there. i wasn't going to go to statistics. they are didn't situations. police are there to prevent the crime. whether it's black and black, white on black, the color there should be irrelevant. the color blue is there to assist the community and protect. black and black crime is a reality. but police have to be there to protect those individual from the criminals regardless of color, and not make an assumption based on someone's color they may just be a criminal because they have a black face. >> they do that he day. they go into these communities and protect people of color every single day. when something like this occurs we get the race pimps out talking about this was done because he's black. the police could have handled this differently. it wasn't because he's black or

some targeting of blacks. martha: i would love to have these conversations and not mention the color of either person. that's what the grand jury dealt with and a lot of people are surprised what they found. leslie, kevin, good to talk to you both. bill: we now have a live look at cape canaveral. we are hearing the orion launch will not happen today. there is a boat in the atlantic that was in the way of the flight path. so they scrubbed it. they are going to try again tomorrow. this will be revolutionary when they do it. test flight unmanned but maybe a major step toward going to mars. martha: the house is getting ready to vote on a plan that would keep the government up and running. while challenging the

president's immigration action is part of all that, not all lawmakers think that's the way to keep amnesty at bay. we'll talk to senator lindsey graham. bill: this would never happen to santa claus. guess who firefighters found trapped inside a chimney. (vo) nourished.

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martha: a teenager was locked out of his house and decided to repel down a chimney. he used an extension cord to drop down 20 feet. thankfully his arms were free so he could call 911 with his cell

phone. martha: bad idea, i guess. they got him out. his mother said he was not hurt, just embarrassed. the soothing operator says it's a story she'll not soon forget. she did a good job keeping him calm. thank goodness he had his phone. he could have been snuck there and nobody would have known where he was. bill: think a big open space. 16 minutes after the hour. house republicans making moves on a plan to keep the government turned. still trying to halt the president's immigration plan. lindsey games with us from the hill. stay out of the chimney, my man. >> that guy's got a future in politics. bill: the house plan would fund everything for about a year except all aspects of homeland

security. is that a good idea? >> very good idea. we have a challenge here. the president's executive action is a tremendous overreach. to my democratic friends, be careful what you wish for. the president is not deferring prosecution. he's reaching out to a group of people who could be deported saying you now have legal status. that's breathtakingly dangerous in a democracy. what the speaker has come up with is a smart way to push back. bill: would this get through the senate? >> yes. bill: it would? >> yes, it would. bill: that might be the easiest thing washington has done in years. look at it this way. we have a dilemma. the president overreached. nervet house should be mad.

i'm very upset. i think it has poisoned the well when it comes top immigration reform. if you shut down the government it becomes about us. let's keep attention on the executive action and try to defind in a smart way and not shut the entire government down will be fine if we keep the debate on the right terms. bill: 7 days to get that done. based on that answer i will assume it will get done. 7 republicans are not happy with this report that came out of the house on benghazi. you call it garbage, why? >> the report was seen as clearing the administration and absolving the intelligence communities. that's garbage. there was manipulation of the intelligence after the fact. mike morell, the deputy direct yafort cia changed the talking points in a way politically

beneficial to the white house. the original talking points to clearly showed this was a preplanned attack. they gave it a different flavor and susan rice took the ball and ran. so when you tell me this report doesn't show any manipulation or intentional wrongdoing, it's just a -- it's complete garbage. bill: this was conducted by republicans. >> i don't care thought it was conducted by. the accountability review board was tipped by hillary clinton to look at the state department's actions. they never talked to her but they basically cleared the state department. you had the house armed services committee came out with a report absolving the departmenfense. now you have the house intel committee coming out with a report that's being pushed as

the definitive document on benghazi with it was all a misunderstanding. i don't care who is doing these reports. not one person has been fired, nobody has been held accountable for the death trap called benghazi, not coming to their aid for 9 hours and lying about what happened. that's why trey gowdy and elijah couplheelijah cummings have to e this over. they are too close to the people they are overseeing. bill: mike rogers, republican from michigan, is that committee chair. do you trust mike rogers on this? >> mike rogers is a friend and has been good on national security. when it came to overseeing the characteristics a's involvement,

i have always been concerned the people in charge of overseeing are too close to the people they are supposed to be reporting on. i think you see defensive behavior on the part of the house armed services committee trying to protect their link and i'm worried about relationships of how staffers in terms of where they went after they left the committee. that's why we need to start over. look at it jointly where you have a joint committee, a select committee looking at it together. bill: there is one more investigation still open in the house. gowdy is part of it. how long before we get answers from that committee. >> i hope the senate will join trey. bill: do you think mitch mcconnell will approve that? >> i hope so. trey gowdy and elijah cummings have done this country a good service.

how can you close the books on benghazi when you never talked to susan rice who came up with an implausible explanation and where it off as a fog of war. it wasn't a fog of war, it was a political smoke screen by the white house with the complicity of the intelligence committee. i hope the senate will create a committee and let the house lead. if you talk to susan rice and people like her. how can you explain to these people what happened to their loved ones. martha: hillary clinton not exactly drawing a big crowd at georgetown. we'll tell you about all the empty seats and whether the front runner for the nomination is suaving from inevitablability.

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martha: disappointment this morning at cape canaveral with nasa forced to cancel the first launch of the orion spacecraft on a mission to mars. what happened? multiple factors, right? >> reporter: in the end the 2 hour 3 member it launch window came and went. on the launch pad is the orion stabbed on top of that delta 4 heavy rocket. they are draining out the liquid oxygen fuel to repump it in at

midnight. a boater was too close to the launch pad. then ground wind kicked up two times making it a no-go. then a valve on the liquid oxygen tanks on the booster rockets failed to close 10 minute to one of the planned liftoffs. ultimately the launch window expired. they will troubleshoot nose valve issues. let's take a look at what happens tomorrow. the plan is for a 4 1/2 hour first test flight, this is unmanned. no astronauts on board. we'll test all the electronics and navigation. the jettison of the components as well as the launch aboard system. whether that jettisons properly. and the best part about that is this spacecraft will ultimately go 3,600 miles up above the further than any spacecraft

designs since astronauts in 30 years. it will return to to put its state of the art heat shield to a 4,000 degree fahrenheit test and splash down in the pacific ocean southwest of san diego to be retrieved by a navy ship. a lot to learn on this test flight. bill: got something to look forward to tomorrow, too. stand by. texas leading in the 17 states in suing the obama administration on immigration. we'll talk to texas governor greg abbott. martha: what's next after a grand jury clears a police officer in the death of eric garner. we'll be right back.

martha: protesters hitting the streets of new york city after a grand jury cleared a police officer in a so-called chokehold case. that was the scene last night. it remained peaceful. they did make some arrests. protesters did block traffic which police said they would not allow anyone to do. they tried disrupt the annual christmas tree lighting at rockefeller center and that went off without a hitch as well. bill: according to laugh you need 12 jurors to agree on a charge, that did not happen. this graphic video you are watching is at the center of this case. it shows the officer grabbing

mr. garner from behind. but protesters say they don't believe justice was served and eric garner's widow says she'll not give up without a fight. >> he should be here celebrating thanksgiving and christmas with his children and grandchildren. why? because someone did wrong. and he's not held accountable for it. but his death will not be in vein. as long as i have a breath in my body i will fight the fight to the end. bill: our senior corresponds yernts rick leventhal. , you were in manhattan when the verdict came out or lack thereof thereof. >> reporter: it was like a tale of two cities.

but very calm on staten island at the very spot where eric garner lost his life july 17. a small crowd gathered, some had their hands up but there was no violence thanks in part to garner's stepfather ben who asked the communities to stay calm and not cause trouble. though he told me he was shocked and disappointed with the grand jury's decision not to charge the officer. >> i don't know what video they were looking at. evidently it wasn't the same one the rest of the world was looking at. how could we put our trust in the justice system when they failed us like this?

they not only failed me, they failed many of us. if we don't take care of this they may fail you in the future. >> reporter: the officer still faces an internal nypd investigation and the family says it plans to sue the city for $75 million. bill: rick leventhal, more with you throughout the day. >> reporter: let's get more on the grand jury decision. new york congressman peter king joining us now from ca from capl hill. you are getting lot of criticism congressman king because you say that you agree and you think they did their job, this grand jury and you agree with their findings, correct. >> that's absolutely correct. let me say at the start i have full compassion'garner family and they are entitled to take whatever legal action they feel is necessary. having said that, from my

knowledge of the case there is no elements of racism and there was no intent by the police officer to cause deadly or physical harm to the decedent, mr. garner. the senior officer at the scene was african-american female sergeant. she was there the entire time. certainly during the time we see in the video. secondly the reason the police officers came in to make this arrest is because the local business people in the minority community went to police headquarters and said that brown was causing disturbances over the previous several weeks and was driving customers away. he had become a problem in the neighborhood and the police went in to stop him and he resisted arrest. this would have been a misdemeanor arrest. the police made a quarter million misdemeanor arrests last year in the city and this was the on fatality. they wanted to bring him to the ground and subdue hip as quickly as possible when he resisted

arrest. martha: here is the question. it comes down to excessive force. their job is to take him into custody. it appears they there is a point where there is a hand or knee on the side of his head. he's kind of put his hand up, don't mess with me kind of conversation going on and they get him down on the ground and they have him there enough for hip to say i can't breathe 11 times. that's what loot of people are questioning. how could they have not taken him into custody before this moat? >> because he was resisting arrest. they kept saying put your hand behind your back. 11 time he said "i can't breathe." if you can't breathe, you can't talk. if you have ever seen anybody arrested, they are always saying you are breaking my arm, you are killing me, i'm dying. the idea if you are outweighed

2-1. the african-american sergeant was in while this was going on. the idea was to bring him down and there have been a qua million arrests made last year. this is one that went bad. if brown had not been resisting -- the reason they are holding him down on the ground, you have to subdue someone to get their hand behind their back. martha: the whole physical part take about a minute of that struggle. i'm also would be very curious to see the grand jury testimony. there is a number of reasons we are given by the medical examiner that could have contributed to the death. it's possible to see the grand grand jury may have looked at all that and it includes different' not asphyxiation as a cause of death. compression to the chest. obesity, weak heart, and they may have said there were so many complicating factors in this. >> there was no damage to the wind pipe and no damage to the

neck. if he had not been obese with diabetes and asthma this probably wouldn't have happened. the cops didn't know that, and i'm sure nobody feels worse than the police officers other than the family themselves. the last thing they want to do is cause an injury, certainly the family. martha: why do we have a law that you can't sell loose cigarettes on the streets. police have plenty to keep them busy in new york city. >> don't blame the cops for that. this is the local community. it's a quality of life thing. if you allow poem to flagrantly violate the law ... martha: what are they saying he was doing. >> it was the chief of the department who is african-american who told the police go in there. by standing outside the store was disrupting the community and

he was selling cigarettes people were not able to sell in their convenience stores. if you are a legitimate convenience store and this man is outside violating the law. you can't have people spitting on your wind windshield and jumping over the yo over the tu. martha: peter king, thank you, sir. good to have you with us. bill: attorney general eric holder calling the incident a test of trust between the police and their civilians. >> i spoke with the widow of eric garner and her family our intent to investigate civil rights violations.

prosecutors will conduct an independent, thorough, fair and expeditioheo -- and he expeditis investigation. bill: at a type when eric holder is leaving the ag's position and loretta lynch who is in charge of this part of new york where the crime occurred, where the incident occurred. in all likelihood taking his job. the fed does what now here? >> reporter: this investigation is launched officially when the attorney general announced that. this civil rights federal investigation. it's a very extremely difficult legal standard they have to cross, that the officer willfully and purposely violated the civil rights of eric garner, and did so in using excessive force. they have to get over that standard. remember the grand jury did not

get there. we don't know -- this is the difference here. we don't know what the grand jury looked at. this is the difference in ferguson. we don't have the evidence they saw or talked about. but we have this video. i think this federal investigation is launched for the most part because this video is out there and everybody is look at it. bill: politically how' time does the president give this? there are some critics who believe the white house react to the news of the day. once the cycle rotates and it goes to a different matter they drop it. what is your sense on this. >> reporter: i think this white house and this president is committed to this issue. he brought everyone in after the ferguson case to the white house, and the attorney general, i think they look at this as a legacy issue for both the president and the attorney general holder. and i think this is not something that's going go away quickly.

i don't know if they can get over the legal standard. we'll see in either of these cases. but i think the issue will be talked about for a while. bill: thank you, bret, see you at 6:00 eastern time. we wait to see what happens at night fall. in were several nun the streets mostly around times square. largey peaceful. there was no vandalism. the police chief came out days ago and said that's not going to happen in our town. march prr they are very organized. the people in the street were peaceful and law-biding as well. let's hope that keeps up. so a chokehold as we have just discussed with peter king is banned under nypd guidelines. but it's not illegal. so what can a police officer do and not do during an arrest. bill: could this half empty room

mean trouble for hillary clinton? fair and balanced debate on what was happening inside there. martha: the president slapped with a lawsuit over immigration. 17 states are now on board suing to block the president's executive action. we'll talk to the man leading in the that effort. he will meet with the president tomorrow. he's texas attorney general and governor-elect greg abbott. >> two things are clear. our immigration system is broken and it must be fixed. second, the constitution priebs immigration policy be fixed by congress, not by presidential first at.

martha: 17 states are suing the obama administration over the president's executiv executive n immigration. the lawsuits are not coming from just border states. joined by texas attorney general greg abbott. he's leading in the this effort an be the next can governor as well. i know this was something you were working on. you brought suits against the administration some 30 times, correct? >> this is the 31st lawsuit i brought against the obama administration, having won more than half of them but this may be the most serious one. this is the most serious abdication of presidential authority. if a president can get away with

extending his powers to do things like this, there could be no constitutional limitation on what a president can do. that's why this lawsuit is so incredibly important. martha: the white house is saying they are delaying action against the family members of the dreamer children who were already given a path to stay in this country. now they are sending that to some of their families the next several years. that will be their argument. they have the executive authority to delay prosecution, correct? >> the president's defense is prosecutorial discretion. there are several flaws in that. one person whose testimony we'll put on trial are the comments of the president himself who said 20 times he did not have the discretion to delay prosecution or deportation of the people who fall under the blanket of this executive order. but more important than that is the fact that prosecutorial

discretion is to be made on a case-by-case basis. that's not what's being done here. there is a blanket prosecutorial discretion being applied to 4 million people. when you have prosecutorial discretion, a prosecutor is deciding not to prosecute an offender. in this case what the federal government is doing is affirmatively giving benefits to the people they are not prosecuting. benefits like work permits, social security and medicare. that's foreign to the concept of prosecutorial discretion. martha: it's a very interesting argument. you are going the white house tomorrow as part of 6 other newly elected governors and you will meet with the president. do you think this is going to come up? >> i have no doubt it will come up. the goal is of course for the new governors to have the opportunity to meet the president and also his cabinet. second to talk about economic

development. something that texas is taking a leadership role in. but third i have no doubt we'll confer and talk about this lawsuit about resolving the issues on the border. remember this, martha. the obama administration members themselves have conceded that the lax enforcement on the border is what caused 1,000 people a day to be crossing the border earlier this year. if they continue to around and necessary city or deferred action, texas will bear the brunt of this ongoing cross-border activity. we need to work with the president, the administration, the congress, to insure they get the border problem fixed. martha: thank you very much, sir. bill: on the topic of i am graights homeland security administration wants to hire 1,000 jobs to deal with the fallout from the executive action. that happened hours after the

president made this decision. pretty impressive considering that was out just two weeks ago. martha: we are kicking off a new segment today and it has 2016 in the long view. we'll talk to one of the potential candidate coming up. ohio governor john case is up . over 12,000 financial advisors. so, how are things? good, good. nearly $800 billion dollars in assets under care. let me just put this away. how did edward jones get so big? could you teach our kids that trick? by not acting that way. ok, last quarter... it's how edward jones makes sense of investing. ♪ when electricity is generated here's awith natural gasu: instead of today's most used source, how much are co2 emissions reduced?

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martha: lava from the active volcano is shifting of events in toward a small town. the leading edge is 3 miles away from the northern edge of the town so for now it is not possess any immediate threats but it could pose a health hazard from the other direction.

bill: today we begin a series that will continue as we talk to potential candidates for the white house in 2016. our first guest, republican governor out of ohio who recently won i spoke with him yesterday. bill: governor of ohio with you now. good morning to you in washington. >> it is good to be with you, bill. bill: good to have you back here. but by connell says he was impressed by the presence reaction to what mcconnell called a butt kicking they took in the midterms. >how would you phrase this? what is going on there? >> i'm an executive. ceo of ohio. saying i am still the president

and i will do as many things as i can possibly do and i think the most important thing is for them to advance a solid agenda because you have to compete with ideas, can't competei8w with negativity, you have to compete with ideas. i am optimistic. having an idea program, that is where we have to be and frankly putting that out there says something. bill: you're just saying he has to do whatever he has to do. >> what do we gain by that, bill? the president fought for a lot of support in the last election, let's move to the next stage. you have an election, now you have to get into what is going to happen now and tomorrow. more important to put out a positive agenda then looking

backward. i like to look forward what i would like to accomplish today, what are we going to compass tomorrow and what are we going to accomplish next week. bill: bush says he will make a call on whether or not he runs for the white house. when do you think a decision will be on this? >> i have just been elected the governor of ohio. we announced so many different programs and that is where my focus is right now. i just went through an election and i am committed to improving ohio and we have to leave it there. bill: is that a no for now or a no permanently? >> these questions sometimes make my head hurt. that is all you are getting. honestly a focus on the state. bill: you think about it at least. is that fair? >> what i'm thinking about is

the budget, taxes, that is what i am thinking about right now and potential christmas presents for my friends. bill: we are too. i know you talk about the economy and the way it has worked over the past several years. you're also under siege for expanding under obamacare. for some of your republican colleagues as well. if you are in that race, how will you defend yourself on that front? >> i'm not much into defending myself, i am into telling people how i feel about things. what we have been able to do in ohio is keep the commitments to the mentally ill when years ago the country shut down institutions and now we find them in the jails and streets. if i can bring ohio and money back to ohio to treat the mentally ill and drug addicted and help the working poor to have health care so we are not paying for it because they are in the emergency room and our

insurance coverage goes up, i don't know why i wouldn't do that. in my state where not only interested i creating economic growth is not an end to itself, it is a means to an end. if i have an opportunity to help people who live in the shadows, i am clearly going to do it as a governor, that is just the way it goes. people who are hurting to have an opportunity to reach the god-given potential. it is in one book now, it talks about the widows, talk about the disadvantaged and to help them while i am bringing more in ohio, we have a long way to go on that. bill: governor, thank you, we will indeed see if that is where we go.

governor of ohio. bill: remember on election night he came on fox news in the first thing is he says i just won 2:1. that'll be a big pitch if he gets into this race that he can win in both sides. martha: writes to put out questions and prolong the process because we will talk about hillary clinton and whether or not availability is hurting her. all right, this is an awful story we have. american kindergarten teacher stabbed to death at a shopping mall in the middle east and now there is an arrest and new video to show you in this case when we come back.

bill: so there has been an arrest in the stabbing death of a teacher overseas. spotted on surveillance video at

an upscale shopping mall, wearing a traditional outfit. the brutal attack was not the only thing she had planned. what else are police saying about this murder? reporter: very little. more questions than answers. what we do know is the 47-year-old was the mother of two living and teaching in united arab emirates. surveillance video shows a picture of the attacker wearing the full black veil, common dress worn by arab women, but the video does not lend much evidence to who it was. no pictures of the face, not even clear if it was a woman. it could have been a man. they have a female suspect in connection to the death but have

not released her name only to say she is from the emirates and have not said anything about a motive or what was the reason for this attack. it is a very bizarre and very tragic case, bill. bill: are they calling it a terror attack? or no? >> nobody is saying that right now but it looks and feels like a terror attack. they are staying away from that description right now. police did release a video showing a homemade bomb they say was made by the suspects 20 or 30 minutes ago after the attack on the american 47-year-old client in that shopping mall. the bomb was placed at the helm of an american doctrine isn't clear it is their attack but feels and looks like one with everything the emirates police have put out. bill: thank you, from jerusalem on that story. martha: '26 in politics, could there be trouble is a question

hillary clinton's political future. that is one of the big questions after pictures surfaced showing a bunch of empty seats at an auditorium in georgetown where she spoke. she has met with campaign managers. former advisor to president bill clinton and michael crowley online senior editor for "the washington times," both are fox news contributor'. i'm imagining you're going to turn around and say why did you let that happen to me? >> you say that. the other thing, is there a problem with what i am saying or what i'm offering and my appeal because a prospective president almost certain as it appears now democratic nominee should be enthusiasm, not empty chairs.

martha: at a friendly tone, friendly college. is that significant, monica? >> this was a signature of a damned work. two dogs point, this gets to the crux of i think his real problem going into 2016, which is she doesn't have a compelling rationale for her candidacy. she doesn't have a compassionate compelling rationale to be president of the united states beyond should be the first woman or it is her turn. she needs something beyond that. she has a couple of really practical problems, she is not the most exciting person out there on the campaign trail and a lot of people who are suffering from clinton not just clinton fatigue but clinton instruction.

they are sick of these people before the campaign even gets started. martha: may be saying i will go to watch, but i already know what she is going to say. >> and she is born. the only worst thing in politics than being wrong is being dull. martha: the democratic primaries. i just want to ask you if elizabeth warren went to georgetown, do you think she would pack the room? >> i think she would, but those numbers are very telling. elizabeth warren had a strong argument inside the democratic party but when you are trailing 65-10, it is very hard to get up the energy and enthusiasm to challenge. so far elizabeth warren hasn't shown the political moxie.

>> she has the vibe, something that people want to show up and hear her speak. this one is jeb bush. that is pretty tight, marc margf error 2.4% on that one, so they are fairly close on that one. ted cruz, also showed mitt romney edging her out. >> the exit polls on election day showed hillary trailing a generic republican. there is not a consensus republican. >> get that guy "generic." >> a very competitive race, that is for sure. the inevitability of her candidacy is not worked with her advantage, it is in 2009. >> another issue when you touched on elizabeth warren. the democratic party is so far to the left populism as much as

income inequality. she has to embrace that if she wants her base to come out for her. but her and her husband's net worth $100 million plus. she is going to try to make his argument, still making speeches. >> he cannot run for president unless you have a lot of money, we know that, right? you can make the same argument about mitt romney. >> you have to be able to raise a lot of money. hillary and bill clinton can raise north of a billion dollars this campaign. martha: thanks, guys. bill: n.y.p.d. officer denies using the chokehold banned under to part that policy. what is legal, what is not? who will talk to bo dietl as the officer lashes out.

>> no, i don't accept his apology, i cannot condone the violence, i cannot let he is still working and still getting a paycheck, still feeding his kids and my husband is 6 feet under and i'm looking for a way to feed my kids now. introducing the new philips norelco shaver series 9000

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so you can breathe and do the one thing you want to do, sleep. add breathe right to your cold medicine shut your mouth and sleep right. breathe right. and look for the calming scent of new breathe right lavender, in the sleep aisle. martha: some breaking news out of russia today as violence erupted in the capital. a lot of gunfire in the streets, 10 police officers were killed in this confrontation. dozens were wounded. islamic terror groups have been clashing for years and parties say nine militants were killed, a 10 story building and school were destroyed. the violence erupted hours after vladimir putin gave a state of

the union address. bill: homelan homeland security department hiring 1000 people in preparation for the amnesty plan on behalf of the white house. and they have some new office space. political editor of "the washington times" on this story now. welcome to "america's newsroom." what is going on here? >> they have already run some of the ads and some have already expired, which means already have them hired. homeland security advertised for hundreds of these positions some of them saying these are positions to carry out the the present executive action. they said they have space already located over in arlington county. bill: that would suggest this plan was in the works, and what does that suggest to you? >> the president was going to do this regardless of what house republicans did. you guys have a chance to do

this one more time, we will let you go ahead. if you do it, good, if you don't, i'm going ahead. he was going to get his way with house pass exactly what he wanted or he was going to go ahead and have these folks do what he wanted anyway. little doubt was going to get what i call a temporary amnesty, he was going to get his temporary amnesty one way or the other. if you look at the staffing of the 1000 or so positions they have advertised for, only seven of them are actually fraud detection staff which suggests less than 1% will be charged with extra trying to stop fraud in the millions of applications they are getting. bill: what will be the job? >> most of it will be processing the applications, millions of applications. i spoke to a guy who ran the department for the agency and the head of the union, labor union currently for the agency

workers and both of them said there is no way to staff up, hire and train 1000 people the time from the president is talking about so these folks have to go through a clash testing a training employees are busily going to be pushing paper across try to rubberstamp application is prett is possibl. homeland security says we're going to check documents but the lack of fraud investigators suggested won't be a very thorough check. bill: it goes hand-in-hand the report that came out. what was it, licenses or applications or what was it? >> it was work permit documents which are what we now learned, they want to issue up to 5 million work permits long with a halt for deportation. absolutely that was a very early signal they had intended to do this. another inclination they meant to do this, they were going to get their way regardless if they cooperated or not.

bill: matter how the election turned out as he pointed out. this facility is a clear symbol of the presidency defiance to make people, the law and constitution be at his hair and federal employees to higher employees to carry out a lock on his past to force an option, as has refused to pass. income is turned this? >> they will take the first step today. this is a disapproval of the actions. next year with the spending bill, if you ask me right now to predict, i am not sure what happens. a lot depends on where the public is in two months, if they are so angry over this, 80 more important is right now it is a race against time. which is why the timing is important. if the house can vote to block

this before you start to see the first applications rolling in, congress is in a lot stronger position. if he is accepting applications and granting amnesty the house and senate run a tougher position to stop it once it is operating. bill: pays pretty good. $157,000 per year. thank you for your time. washington times. martha: let's see what is happening next on "happening now." jon: we are awaiting comments from the speake speaker of the e john boehner on a slew of legislation working its way through the house including a very strong message to president obama on his executive orders on immigration. mr. moran for democrats for democratic senator might run for president. hear what he has to say, his comments raising some eyebrows. chris wallace weighs in on that plus new evidence that furthers

claims about the benefits of mediterranean diet and the dangers of carbs. in 12 minutes. martha: the police officer involved in er error garner trac death denies he is a chokehold. banned under n.y.p.d. policy, so what is legal and what is not. bo dietl joins us live.

will that be all, sir? thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. martha: some grand jury decision in the death of error garner growing sharp reaction from both sides. protesters stunned by the news. supporters thing off to use a takedown procedure taught at the police academy.

bo dietl joins us now with his take on this. a lot of questions of excessive force, what is legal, what is not legal and the video is very disturbing to everybody who sees it. >> first off i want to give my sympathy to eric garner's family. nobody want to see somebody die and the circumstances again the grand jury came back with a light verdict. no intention to kill eric garner. a lot of extenuating circumstances like acute asthma, his heart condition and all that. i have used that technique a lot of other cops and detectives have use that technique to get big guys down. you keep using the name chokehold. he put on a carotid artery and squeeze until you knock him out. this was a bring down hold as far as i am concerned. i have walked the walk. don't know how many guys he has locked up. i've locked up a dozen guys.

if you look at video those cops, somebody 5-foot tall taking on this big man trying to get him down. looks like a massive guy that can give you a lot of problems so they wanted to get him to the ground so nobody else would get injured, no intention was there by those officers to kill this man and for them to use this as a racist thing. if he was 6'5" white guy it would have gone down the same way. the racial aspect is disturbing to me, new york city is black, white, hispanic, everything and for us to be divided like this really hurts me because we have come so far from the 1960s when i was a cop until now, this is wrong, we should be getting together. something happened terribly and the grand jury came back with a good verdict. martha: a lot of people look at this video and say, to shed

light on this. they need to go as far as they did? he was unarmed, talking to him about selling loose cigarettes. >> i used to work as a homicide guy, i was born of the original decoys, my problem with this technique, a guy didn't die from it dozens of times. people don't die normally from this kind of a takedown. that can't do not go there and say i'm going to choke him to death and kill him. his intentions were to arrest him and a story. we call it a baloney arrest because selling loose cigarettes, but they are for the of the store owner. he is breaking the law, the cops went and did their job.

with the l sharpton jumping up and down and jesse jackson and all they have worked for is to divide this country. , now they don't want to get involved. i love the police department, i have been 30 years, they want to protect the citizens black-white and indifferent. the black on black crime, though people killed, 86 people shot, why aren't we talking about that. milwaukee, five-year-old girl sitting on a lap inning shot in the head by a black gang member, why aren't we devastating about that? we these comps alone. is bad enough they took stop and frisco way, i have to sign application to toss somebody.

martha: thank you.

martha: it was his birthday, did he mention that on the way out? bill: i think he blew out all the candles. martha: "happening now" starts right now. goodbye, everybody. ♪ jon: a very busy day ahead on capitol hill as lawmakers debate on ways to avoid a government shutdown next week also pushed back against president obama executive orders on immigration. welcome to "happening now." heather: lawmakers a house and the senate spent the past $585 billion defense spending bill that covers everything from can benefit to training and arming of moderate rebels in the fight against isis. republicans are about to be to