tatterdemalion. don't be one. again, thanks for watching tonight. ms. megyn is next. o'reilly. please remember the spin stops here. we're looking out for you. breaking tonight, mass protests erupting for a second straight evening and spreading across the country over the deaths of black men at the hands of white police officers. and the question of whether race was a factor. and now president obama's point man on this is calling for big changes to the united states justice system. welcome to "the kelly file" everyone. i'm megyn kelly. all across the country tonight we are seeing large-scale protests, demonstrators shutting down roadways and bridges in new york where eric garner was killed a few months ago by a white police officer. boston where we are being told thousands have now gathered near city hall. and president obama's hometown

of chicago hundreds seen marching through the streets chant iing "hands up, don't sho" in reference to the michael brown case in ferguson, missouri. >> i can't breathe. >> i can't breathe! >> i can't breathe! >> i can't breathe! >> can you hear that? i can't breathe, that's a reference to what happened in staten island and the cries of mr. garner as he died at the hands of a police officer trying to make an arrest. in our nation's capital we are hearing reports of protesters blocking traffic in busy dupont circle. news reports there saying there have been clashes between protesters and commuters. all comes after civil rights leaders called for more federal involvement in officer-related shootings including al sharpton, the controversial activist who has been working hand-in-hand with the white house on all of

this. listen. >> the federal government must do in the 21st century what it did in the mid-20th century, federal intervention had to come into the south to protect people's civil rights and voting rights. federal intervention must come now and protect people from state grand juries that keep exonerating any seeking of redress on police matters. we want the justice department and the federal government to deal with the fact that the grand jury systems on a state level are broken and seem to lack the capacity to deal with police when you are dealing with questions of criminality and killings. >> we believe to an extent that because of the history these

state grand juries have forfeited their right and their ability to bring about justice in the case of police misconduct cases. >> the last person you heard right there joins us now, mark moreal, ceo of the national urban league, the nation's largest civil rights organization founded in 1910. good to see you, mark. thank you for being here. >> thank you. great. >> let's start with this, what is the evidence that what happened to eric garner and what happened to michael brown has anything to do with race? >> well, it's surprising to me that in both of these instances, prosecutor mccullough and staten island, deviate from know and understand -- i am one, deviated from standard procedure when it comes to managing a grand jury. and that is to present evidence and make a recommendation to the

grand jury as to what charge should be brought. then secondarily, both in ferguson asking in ferguson not even asking but releasing secret grand jury testimony into the public sphere. and here in staten island asking release of such testimony. the judge for the most part denied that request allowing a release of -- >> it's a request by the prosecutors for release of information. that plus the fact in ferguson the prosecutor did not specifically ask for an indictment. is that your evidence that these two cases have something to do with race? >> in those two cases it's surprising as to why that process would be followed where you have a black victim of police -- of a police killing

and a white alleged perpetrator of that killing. and so what i ask is why were these cases handled differently than most cases. >> do you think it could be the national spotlight that was on those cases as opposed to the race of the policeman and the person who died? >> for a good prosecutor who is experienced, that should not really matter. what should matter is fulfilling the responsibility. also megyn look at the history of the rodney king case where a state court failed to bring about a conviction. and the federal government brought a prosecution and secured a conviction. these are five examples i'm citing here, no doubt there are others. and i think there ought to be a

careful look at why in these cases do these state grand juries -- >> no, wait. let me jump in. you cite a few examples. but the same examples, opposite examples could be cited the other way. just doing brief research before we came to air tonight i could say several examples where a black police officer killed a white man, no charges resulted in those cases. is that racism against whites? let me finish my point and i'll give you the floor. just today a white police chief who fatally shot an unarmed black man in south carolina back in 2011 was charged with murder. and we could go on. when there are situations where white cops shoot and kill black men and the white cops are charged, there are few and far between where a white cop is killing a black man, but i can say to you examples where it's happened and the white cop is charge. i can also say to you examples where a black cop killed a white

man and he's not charged. what is your evidence that the result in these two particular cases had anything to do with the fact that the dead men were black? >> you seem to be really hung up on this question, but let's look at the cases. >> i'm not hung up on it. you're hung up on it. you, the congressional black caucus, cops can kill with impunity. >> megyn, let me have an opportunity to finish. you're going to have to give me a chance to finish. >> go ahead. >> let's look at these cases at hand. the cases at hand did not yield justice. and that's why i am pleased at the department of justice and attorney general -- >> i get that. you're entitled to your opinion on that and to push for an additional investigation. that's absolutely your right. but to say that this is a racist situation as al sharpton has suggested, as mayor de blasio has suggested, as many others have suggested, requires evidence.

>> what would it take for you -- what would it take for you to acknowledge that race is an issue? maybe you don't want to acknowledge that race is an issue. >> i'd like to know the proof. >> let us say this, on this issue we have a difference of opinion. and as americans -- >> i'm open minded. i don't have an opinion. i would like to know the evidence. >> with respect to how this occurs. and i think there are just too many instances. yeah, there's always other cases and to some extent whether a police officer regardless of his color or her color in a case where they in fact take advantage of a citizen, that case should be handled. those people if probable cause is met should be prosecuted. and i think the outcry you see, megyn, is not operating in a vacuum. and it's not just one or two civil rights organizations. this is an organic protest. >> where are the protests -- but

where are the protests over the fact that 91% of all blacks who were murdered in 2013 were killed by other blacks, 7% were killed by whites. 91% of the murders committed against black people were by other black people. >> so let's -- let me tell you about your right wing talking point. >> it's not my right wing talking point. those are statistics, facts, sir. >> if you want to know where the outrage is, come with me on sunday to a hundred african-american churches around the country where there's a conversation about violence, police violence, black-on-black violence. >> right. >> that just may not be a part of the community that you see where there's outrage, where there's outrage and rallies. >> i haven't seen the rallies like this over the black-on-black crime which is 91% in new york city and nationally. >> the protests are about the lack of accountability in the system.

prosecutions take place in many of those cases. this is about the lack of accountability. a police officer wears a uniform. they're sworn to uphold the law. they're public servants. >> and when a grand jury feels -- >> -- should not be above the law. >> agreed. but when grand juries feel that a prosecution should ensue, it does. ie the south carolina case. but when the grand jury doesn't feel that way and it plays out and they hear testimony like in ferguson from five african-american witnesses who say the story was as the white cop said it was. >> what about the garner case? you saw -- >> why does it have to be about race? >> you saw the tape in the garner case, megyn. anyone's plain eyes can see -- >> i would let the evidence -- >> no. the issue is whether there was probable cause to bring a charge against the officer. >> i got that. >> that's the legal question. >> i'm with you on that. that is a question. but what about -- >> do you agree with me as a lawyer that the standard of

probable cause was met in that case? >> i grant you, mark, that the garner case is far more controversial in terms of the evidence and why there was no indictment than ferguson. that's a no-brainer. but the racial component has yet to be established. i am wanting you to establish it for me. all i hear so far is past examples, rodney king, that's a different case. it was a long time ago. i'm citing other examples. >> i've cited five cases to you. >> i've cited three to you. >> okay. so is this a game of numbers? >> you tell me. my audience wants to hear the evidence. they're wondering why we're seeing people in the street condemning the law enforcement condemning this is a white versus black thing. >> no one is saying that. the protesters on the street, megyn, walk down -- >> mayor de blasio said this is about racism. >> many of these protesters are white. >> mayor de blasio said this is about racism, the congressional black caucus said this is about

black lives being taken without impunity. >> let your cameras go down on the street and what you're going to see is a mixture of tapestry in america protesting in connection with this case. this protest, the outcry you see is not just black people. the victims may be african-american -- >> i'm not saying it is. it's the message that this is a white versus black thing. >> if you disagree with it, you're entitled to disagree with it. but let's look at the movement. >> i'm not offering my personal opinion, sir. i'm asking for you to establish where race falls into this matter. but i think -- we're going around and around -- >> thank you. have a great day. >> thanks for being here. protest marches are getting larger and louder at this hour. we're going to track these, plus president obama today weighed in on this matter again on both the case in ferguson and the case in new york, staten island. see why his latest remarks are raising a lot of questions. plus, new york city mayor bill de blasio today doubling down on his claims that racism has reached a crisis point in

america and is behind the situation that we saw in staten island. sheriff david clarke has a very different take. he's moments away. >> i have a lot of respect for the officer. i have a lot of respect for the person that holds that office. but i have to question the judgment of anybody who would take advice from al sharpton. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know genies can be really literal? no. what is your wish? no...ok...a million bucks! oh no... geico. fifteen minutes could save you fifteen percent or more on car insurance. motor trend's 2015olf car of the year. so was the 100% electric e-golf, and the 45 highway mpg tdi clean diesel.

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may face. good young man law-abiding young man would never think to do anything wrong and yet because the history that still hangs over us, the dangers he may face. we've had to literally train him as families have all over this city for decades and how to take special care in any encounter he has with the police officers who are there to protect him. 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. >> new york city mayor bill de blasio doubling down today on his claim that racism is a crisis in america and is being seen in these cases out of ferguson and staten island. the mayor going so far as to say he's been worried about the safety of his bi-racial teenage son whenever his son leaves the house. joining me now sheriff david clarke of milwaukee, wisconsin,

he's been speaking out on the issues of race. your thoughts on mayor de blasio suggesting what we're seeing here in ferguson and staten island is the result of centuries of racism. >> well, again, irresponsible rhetoric. there's no doubt about it. mayor de blasio is placating to a segment of people in new york. and i find it shameful. i'm still waiting for some effective leadership starting with reasonable messaging to kind of get -- so we can get our arms around this thing and start moving in the direction that we need to move in. look, megyn, i come from both perspectives here. i grew up a black male in america and for the last 37 years i've lived in a police culture. these two things are compatible. but what's going on here, look, slavery left a stain on the soul of this nation. we all know that. but that wound is starting to heal. and it's been healing for a long time. but now we have a segment of people who are picking at that scar hoping to reopen it and take us back to a time that

simply doesn't exist today. we've come a long way in terms of improved race relations here in the united states. white society, i think, has done a credible job of trying to right those wrongs and realizing they can't hold us back anymore. that we can only hold ourselves back. >> what about his comments about his son? i mean, does that not sound, you know, plausible to you that he would have to have that discussion with his son who appears as a black man that he needs to be extra careful with law enforcement and that that needs to change? >> well, fortunately his son is going to grow up with a male role mode el, a father figure in his life much like i did. my dad was my role model. my dad taught me how to deal with the world. look, there was an example when i was a young kid, 15-year-old punk, and a squad car drove by the house and i put up the black power signal, you know, just kind of taunting the police. the police backed the car up, came up and my dad came out of the house. he walked up respectfully and said, officer, is there a

problem? he said we thought your son was flagging us down. he said i'll handle this. my father told me to get in the house. why are you screwing with the police? knock it off. it's about respect. respect for authority. we have a large segment of black males growing up in america, america's urban ghettos, that don't have father figures in their lives. so they grow up with a chip on their shoulder with rage. any time they come into contact with an authority figure, and it's not just the police, megyn. it starts at home where they don't accept the authority coming from mom or dad. they don't accept the authority coming from a teacher. they don't accept the authority coming from a boss. and they also don't do it with the police. so what we need to do is figure out how to guide these young men in this very tough period of time and teach them to deal with authority. look, the police are in charge. when the police tell you to get out of the road, you get out of the road. when the police tell you to put your hands behind your back, you're going to jail. you put your hands behind your back. i tell people all the time,

comply with the law with the police and we'll deal with grievance later. when you're going into a situation to confront a law enforcement officer, you're going to lose. and you should lose. i tell them comply and deal with it later. >> last question and a quick answer, then why are some folks so determine today say this isn't about a lack of respect for authority. this is about whites being racist against blacks? white cops in particular. >> again, trying to open an old wound as if the civil war was fought last year. and we need to continue to push back with sound reasoning, with level heads. and that's the only way you can confront the irresponsible rhetoric that we're hearing coming out of some very powerful people. >> sheriff clarke, great to see you again, sir. >> my pleasure, megyn. >> all the best to you. up next, peter king is a congressman from new york whose dad spent years on the police department. he knows bill de blasio, he knows al sharpton. and he knows new york. in moments congressman king joins us live on what he thinks this is really all about.

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things seem to be escalating here in new york city. we've been watching the protest marches in boston, chicago, washington and manhattan where our own jonathan hunt is out on the streets. we're going to check in with him now. jonathan, what are you seeing? >> reporter: megyn, we are currently just south of times square. we've been moving north up seventh avenue. this is a protest that is now coming into its fifth hour, megyn. it started with literally thousands of people on the streets and symbolically they gathered in an area of manhattan

that you will know, foley square, directly outside the new york supreme court and the federal courthouse, the heart of a new york justice system that these people claim denied justice to eric garner and his family. denied justice prior to that. they say the system as a whole to michael brown and his family. we have seen, megyn, the familiar chants seen and heard, the familiar chants of hands up, don't shoot. this protest now though i have to say has dwindled -- >> jonathan, let me interrupt you. what are these folks yelling at the police right now? >> reporter: they have been yelling at the police the same things that we have heard throughout these protests, megyn. hands up, don't shoot. no justice, no peace. one other chant, how do you spell racist, n-y-p-d. while we're talking about the police, let me say this is a huge protest on the streets of manhattan tonight and it's being policed entirely as far as i

have seen with mesh nets to block off certain streets and zip ties. nothing more than that. the nypd, the best in the world as we all know it, marshaling this kind of protest. they have done so tonight. and on behalf of the protesters they have also been largely peaceful. they have not used violence to try to break any police lines. they use numbers. they have not succeeded and the nypd has so far as far as we've seen from our one vantage point, megyn, as we've walked through the streets some three miles they have kept this entirely peaceful on both sides, megyn. >> jonathan hunt, thank you. one former nypd officer said to me last night, this isn't ferguson. we're not going to need the national guard. meaning the nypd knows how to handle a protest. it's manhattan. joining me now new york congressman peter king. so they're out there in the face of law enforcement with the hands up, don't shoot shouting at these police officers. shouting at the people that we employ to keep us safe. the anger is palpable. your thoughts on why.

>> first of all, i think it's totally misdirected. it's the result of agitation by people like al sharpton by irresponsible statements by people like mayor de blasio. start at the top. the district attorney in staten island is a man of unimpeachable integrity. no one's ever questioned his professionalism or ability as district attorney. >> he's indicted cops before, has he not? >> absolutely. absolutely. by the way, there's a #absolutely no element of race here. the highest ranking officer at the scene was an african-american female sergeant. >> at the scene of eric garner's death. >> absolutely. she was there the whole time. secondly, the reason that the cops were there that day was not on their own, but local merchants, this is a minority neighborhood, these are minority business people went to the police headquarters and the chief of the department was african-american, they complained brown was -- >> garner. >> i'm sorry. eric garner was disrupting the area and preventing people from coming into the store.

they were there at the request of minority shop owners at the direction of an african-american police chief and under the direction of an african-american sergeant. >> and this was a man our viewers should know had been arrested 31 times according to the police. he was a convicted felon who had been in and out of jail several times over the past ten years. however, granting all of that and everything you just said, the response from the critics is why did they have to be so rough with him? why when they had him down and this man who was struggling, this human being who was struggling, saying i can't breathe. why couldn't they let up on him? >> first of all, megyn, if you say you can't breathe, that means you can breathe. because you're unable to talk if you can't breathe. >> well, it's short form for i'm having difficulty breathing. i don't know that it has to be a literal interpretation. >> i've seen a number of people taken down. this was a takedown. if somebody's resisting arrests it often takes four to five cops to get them. you have to subdue the person on the ground.

kept saying put your hands behind your back and you wouldn't. again, i've seen guys held down, you're breaking my arm, you're breaking my neck, i can't breathe, i'm dying. if they had let up on the tension and got up this would start all over again. 999 of 1,000 times the person would not have died. as the coroner's report or autopsy showed he had high blood pressure, he was obese and he had diabetes and he had asthma. this is all in the autopsy report. >> i understand all that. and you took some heat today for pointing that out. the fact is the police didn't know he had these conditions. >> that's in the autopsy report. >> i know. eric garner did know that he had those conditions. so query why he was arguing with police in a situation that obviously had the potential to escalate. you need to be extra careful. that's not a condemnation of him, but we do need to comply when the police tell us to comp comply. however, he even after they effected the arrest and they had him down on the ground and he had suffered obviously physically, he sat there. he sat there and he sat there and he sat there and he was

suffering. and the question many people have is, how does that not amount to a manslaughter charge when manslaughter basically is the killing of another. i have the charge right here. hold on, i want to read it for the audience so they know what it amounts to. standby, i'm looking for my notes. here it is. manslaughter in new york is one recklessly causes the death of another. how is this not that? >> because first of all, there's no reason to believe that the police officer took him down. five cops there, ems people, a sergeant there. and in the confusion of the moment they would have known he was having that type of heart attack or that type of disturbance you would not expect every cop to know that. it's all a matter of minutes we're talking about. we're talking about a person resisting arrest. as i said, 99 of 100 times would have gone fine. i'm not saying he deserved to die. he didn't. but to somehow say maybe it's negligence but to say it's manslaughter the ems person didn't give emergency care quickly enough. certainly they didn't do it on person. again, an african-american

sergeant the whole time. >> the nypd unlike ferguson p.d., nypd is minority majority. the majority of the nypd are people of color. and yet these folks are out there marching, you know, basically accusing them of being racist. the pressure remains based on what -- i got to go, congressman. good to see you tonight. we're getting live pictures from chicago where protesters have shut down the famous lake shore drive. we have seen them in manhattan, boston, the lanes here where police are confronting protesters. just ahead we'll be joined by marc thiessen and why he thinks president obama's ♪ (holiday music is playing)

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of white police officers. and that at this hour is about all we can tell you about how race has been factored in to this situation. a grand jury decided not to indict a new york city police officer yesterday in the connection with the death of a black man, eric garner. a week after a grand jury in st. louis, missouri, in ferguson, missouri, decided not to indict a white man, police officer, in connection with the death of a black man there. congressmmmentators and and somg a universal decision that the grand jury here got it wrong. >> all americans, every one of us, should pity mr. garner and his family. he did not deserve what happened to him. and i think officer pantaleo and every other american police officer, every one, would agree with me. >> it is such a ridiculous scenario. i'm okay with it because it's not going to stand. the whole world is watching. >> how this cop did not go to

jail, was not held responsible, is beyond me. >> i honestly don't know what to say. if comedy is tragedy plus time, i need more [ bleep ] time. but i would really settle for less [ bleep ] tragedy. >> today the new york daily news running this front page showing eric garner moments before he was wrestled to the ground with the headline "we can't breathe" invoking garner's last words. so if so many people think the grand jury failed in staten island, how did they arrive at their decision? vincent warren is the executive director of the center for constitutional rights and a former attorney for the aclu. in a moment we will also be joined by former police commissioner bernard carric. the question tonight is whether there's any reason to believe that perhaps this grand jury could have reached its decision based on something other than

race? >> it is very hard to see how the grand jury would not indict on the evidence everybody has seen. i mean, all of the commentators are saying that. but i think the race piece is important. and i want to see if i can get into that with you. particularly because -- >> let's do that. but let me ask you quickly before we go to that. >> sure. >> why do we go there? why don't we just say -- under your argument that the police overreacted to put it charitably, why isn't it a case about excessive law enforcement -- about excessive force as opposed to a race thing? >> oh, because it's a case about both. there are two pieces of this. there's the excessive law enforcement and the prosecution. and then there's the reason why this grand jury and why this prosecutor presented evidence in such a way that was likely to not get an indictment. >> this one here in staten island? >> yes. this one here in staten island. so on the first piece it is as clear as day, as clear as the blue as the blue sky, there

should have been some serious charges brought based solely on what we've seen in terms of the evidence. there no -- it's a shocking decision from a legal perspective. but the other piece of it is important as well, which is that i understand donovan, the prosecutor, submitted the evidence in very much the same way that happened in ferguson. which is rather than doing his job and securing an indictment, which is what prosecutors are paid to do, he put the evidence out there, built-in opportunities -- >> even if that's true -- >> it is true. >> okay. let's assume that's the case and he did that in your argument inappropriately. why couldn't that be a prosecutor trying to give a cop the benefit of the doubt? why does it have to be about race? >> this is my point. it is about the prosecutor given the cop the benefit of the doubt. it is -- >> why wouldn't he have done that for a black cop if it had been a white man who died? >> he would have done that as well. >> where's the race issue? >> i'm trying to talk to you, megyn. i'm trying to talk to you. the race issue comes in when you

look at the number of black people, the sheer volume of black people that we've seen recently who are unarmed, who are killed by the police and then there is no culpability found -- >> okay, let's talk about it. let me just say something and then i'll give you the floor. nearly one-quarter million arrests in 2013. zero turned out like garner's. three quarter of cops shootings are of white people. 91% of black who is are murdered are killed by other blacks. only 7% are killed by whites. i could go on. i could cite to you a list of cases in which a black cop killed a white man. >> i got ya. >> and no indictment followed. >> are you ready? >> and where a white cop killed a black man and the cop was indicted. >> i'm running out of time, megyn. are you ready? >> go for it. >> when it comes to racism, this has been true historically, millions of black people in the

united states are not upset, outraged and white people as well and protesting because of a mere feeling. people know, people know, that this is a racial problem that we have where there's no accountability for killing -- >> they just know it. >> hold on. but this is how you prove it, right. when you look at the stop and frisk case. when we filed the stop and frisk case in new york city, we said police stop black people more than white people for no legal reason. and everybody said that's ridiculous. they said they stop black people because they commit more crimes. but when the data came in we actually found that wasn't true. black people are stopped more than white people in high crime neighborhoods -- >> i understand. but that doesn't mean that white cops are killing black men with impunity. and rudy giuliani for the record says stop and frisk saved thousands of black lives. >> of course rudy giuliani said this. of course he did. that shouldn't s >> did you not see the murder rate in the black communities go down during mayor rudy giuliani's tenure? >> i know this is the megyn

kelly show, i do. but i'm proving it to you. let me keep talking. so what we do know when we look at the data and statistics very often the narrative about criminality is actually not the case and it actually has to do with targeting black people. and i think what we're going to find is the data comes in around indictments, when the data comes in -- which is largely in the hands of the prosecutor -- >> i'm waiting to hear your data. all i hear is narrative. i got to go because i'm out of time. thank you for being here. >> thank you for talking to me. >> up next, former new york police commissioner responds. >> i can't breathe! >> i can't breathe! >> i can't breathe! vo: you get used to pet odors in your car.

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...or 4 lines for just $140. and get a $150 bill credit for each smartphone you switch. only on verizon. that's a live look at washington now. and we've been seeing these protests across the country tonight escalating although peaceful. joining us now for the other side of this debate, a former new york city police commissioner and former nypd officer who received the new york city police department medal for valor. commissioner, good to see you tonight. so our last guest saying they know it's racism based on a history of alleged racism including the stop and frisk policy in manhattan. >> the stop and frisk policy over the last 20 years reduced violent crime in this city more than 80%. it reduced homicides probably close to 90% in most of the

african-american communities. they were the benefactors, the african-american communities in this city were the benefactors of those programs. there was 2,470 homicide in 1990. last year there were under 500. >> 2470 down to 500. >> less than 500. >> so the theory, i guess, if you're racist you care enough to stop black-on-black crime. you want to stop the homicide, but you don't want to stop racially profiling people? >> you know what, megyn, every day a cop gets dispatch today a call, man with a gun, robbery in progress. whatever that call is. that cop don't pick up that microphone and ask what color the victim is on the other end of that call. they go. they go. they put their lives on the line for the people of this city. and for the mayor and people like the mayor that are basically deserting the cops, i feel he's deserting the cops

based on what he said earlier. i think it's horrendous. >> is it dangerous? what do you think the cops are feeling now? you know a lot of them. >> look, the mayor's basically -- he almost said that the nypd is racist. that's ridiculous. it's ridiculous. you know, the cops that are out there today, they're following these protesters. the protesters -- they're following them all over the city. i think there's going to be incitement based on this rhetoric. he's got to support the cops. >> position seems to be from the protesters that michael brown never would have been targeted for walking in the middle of the street had he been a white woman in her 40s, right? that eric garner never would have been bothered despite the fact he was getting complaints by the local businessmen and so on, if he had been a white man in his 40s offering cigarettes instead of a black man. >> here's the reality, both of those men in my opinion, both of

those men would be alive today had they not resisted arrest. i don't give a damn what color they were. >> you think if eric garner, 300-plus-pounds, convicted felon, had been white they would have treated him exactly the same? >> absolutely. >> why when he's on the ground didn't they get him more care? that's one of the things that leads people to say they don't care about a black man suffering dying right in front of them. >> listen, new york cops care about everybody in this city. they care for people all over the city every day. that's a ridiculous statement. the fact of the matter is they wanted to put him in handcuffs, they wanted to take control of him. and every cop, and i have to believe these guys felt the same way as i would imagine right as i'm talking now, those guys have guns on them. they get overpowered by somebody like a garner or somebody that takes -- overpowers them, they can take that gun and kill them with it. that's always their fear. >> last night we were out, jonathan hunt was asking people

what does this have to do with race, why does it have to do with race. here's an example of some of what he heard. listen. or they're trying to get it. standby. we're getting it. the explanation has been tenuous at best. and when you look at the protesters, commissioner, they believe it. whether explained or not, they do believe it. >> well, i think it's wrong. i think it's wrong. i was a cop in this city. i was a highly deck kate eorate this city. i didn't look at race. i targeted the bad guy. >> do you see a bad guy in your mind? are you more likely to perceive a black man as a bad guy than a white guy? that's the essence of the racism charge. >> you target crime. go to high crime areas, you look for bad -- >> this is chicago now. things are getting a little

rowdy. how are the police supposed to control this? people are shouting in their faces. most of these police officers are men and women who join the force just to protect the communities. and they're getting shouted in their faces as though they're all racist. and in some cases getting attacked. >> you know, it's supposed to be peaceful protests. the civil rights leaders out there today, they should be curing this. they should be calling for peaceful protest. they're not doing that. they're inciting it. >> they are calling for it, but out of the other side of their mouths they're calling the police racist and having mayors talk about centuries of it. mr. commissioner, thank you for being here. we're going to be back with more on what's happening in chicago right after the break. this season, celebrate what's new, the bigger, better menu at red lobster! with more of what you love! try our newest wood-grilled combination! maine lobster, extra jumbo shrimp, and salmon! so hurry in! and sea food differently. --i don't know my credit score. that's really important. i mean - . .

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in the michael brown case there were many eyewitnesses who said that they saw michael brown turn and charge the police officer. those witnesses in many cases were african-americans. so why is this a race issue? >> it's a race issue because, i -- i don't know honestly. >> if michael brown was white this would not have went down the way it went down. that's one thing i can say for sure. >> that was a protester from last night we were mentioning a moment ago. and now we're back live from chicago where we saw protesters getting right in the face of police. it appeared to be they were attacking police right before the break. the police then pushing back. today, president obama, chicago his hometown, touched on the issue of black communities not trusting law enforcement. ed henry's our chief white house correspondent. he joins us now. ed. >> megyn, what's interesting is the president was speaking at a college affordability event. so he did not have to comment on the eric garner case, but he went out of his way to do that. he revealed he had spoken this

morning before the speech to new york city mayor bill de blasio, praised him for speaking out on the case and praised new yorkers and others around the country for mostly protesting peacefully. here's the president. >> beyond the specific issue that has to be addressed, making sure that people have confidence that police and law enforcement and prosecutors are serving everybody equally, there's the larger question of restoring a sense of common purpose. >> now, as for whether the president will get further involved in this case, josh earnest left the door open to the president going to ferguson or staten island, new york, in the days ahead, megyn. >> ed henry, thank you as we watch the protests on screen left heading towards the capital screaming our streets, don't shoot as we cover from chicago to washington, d.c., the protests happening right here in new york city as well tonight as thousands are making their

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protests in several cities tonight. to the protesters' live from america's news headquarters, i'm arthel neville. thousands of people across the country spending a second night protesting the decision not to indict a new york city cop in

the choke hold death of eric garner. the protestors disrupting traffic in new york, washington d.c., seattle, boston and several other places. so far, no reports of any major violence. 43-year-old eric garner was killed july 17th altercation with cops who confronted him on suspicion of selling untaxed cigarettes. and a report on the heels of last month's deadly shooting of a 12-year-old boy. it says officers used excessive force far too often. i'm arthel neville. stick around. "hannity" starts now. orrow. welcome to "hannity." tonight emotions remain high in new york city following yesterday's announcement that nypd officer daniel