but most of what cops do, they'd rather avoid, policing is a series a tough spots requiring market in cigarettes is huge because of the crazy tactics. it's an old story. i used to buy loosies when i was young and broke. tieing this to centuries of racism as a way to indict society may work for some but for people who truly care about the city and not their own rising status, remember this one fact -- you can buy one beer but not one smoke. garner provided for those who didn't have the $15 a pack of 20

required. unnecessary laws have consequences and in this case that consequence was death. so somebody agrees with me and that is rand paul, always a smart fellow in my book. here is him discussing the cigarette taxes. >> some politician put a tax of $5.85 on a pack of cigarettes so they've driven cigarettes underground by making them so expensive. but then some politician had to direct the police to say we want you to arrest people for buying single cigarettes. we put our police in a difficult situation with bad laws. >> dana, this isn't just a story about taxes, the grand jury. taxes initiated the process that ended in death. isn't that a root cause? >> i guess i understand that the government has a lot of

contradictions. one of them is the goal of taxing cigarettes more is so that people will by less cigarettes -- or fewer cigarettes. people still like to buy cigarettes and government gets hooked on the money. $5, $6 a pack goes to the city. every time you want to raise taxes in d.c., it's two-fold. they want to raise taxes to pay for other things, on cigarettes or alcohol. in this case i think you're seeing that self-fulfilling prophecy, which is we want people to smoke less but we actually want them to smoke more so that we can get more money. you know what i mean? i'm not really crying. >> i saw you tearing up. >> i'm not crying. i have an issue. >> rand paul is basically saying focus on the root cause, but if that root cause isn't racial discord, that eliminates a lot of the just final anger of other

activis activists. so they might resist this idea. does that make sense? >> i'm trying to follow this logic. >> i totally understood that. >> if you say it's about big government but you have activists demanding more government, it actually hurts their cause. >> activists demanding more government. it's getting way too confusing for me. i think you and rand are right, get rid of the overburdensome law, put cops in a situation where they have to take down -- garner resisted arrest. he never should have died for that. you don't die for selling a loosy cigarette. but the root cause here is the law. the cops are forced to stop eric garner for selling a loose cigarette so they can protect their tax revenues. that's what it's all about. >> do you really believe that? >> that's not an argument do you really believe that? >> rand paul is deflecting this off on taxes.

the federal government, the body he represents, taxes the cigarette. so does the state of new york. i have not heard there's a s.w.a.t. team running around arresting people for selling looseies. >> there is a task force to crack down on the sale of illegal cigarettes. >> new law. >> it used to be like when you brought liquor in. >> do you really think if they wouldn't have stopped him if he was selling cigarettes if he's a 350 pound white man? >> it's a silly argument. he said politicians ordered them to do this. >> he wasn't there was a single politician that could be pointed out that said go and arrest eric garner.

>> that could be said about anything being sold out on the street that's taxed, you sell it for less, right? you can sell cell phones for less and all that stuff sfp. >> in the research, in march government cuomo announced the cigarette task force to strike down -- >> i got that, don't waste your time. >> to combat illegal cigarette trafficking. >> they're probably focusing on taking shipments of cigarettes. >> i'm not sure that that's accurate. >> these are parts of what you call nuisance crimes. perhaps there are store owners saying i don't want that person out in front, it scares the customers. as this story unfolds, from what i learned, mr. garner was out there, the cops knew him because he'd been arrested several times for similar things and he was trying to break up a fight but the cops noticed he was selling cigarette. >> i do not believe there were racial undertones but i believe

this cop killed this kid. >> no one is disputing that. the police officer even apologized for the death. we know the officer was the approxima proximate cause. did the officer have the right to go up and detain and take it -- >> no. >> bob, you're not listening. did they have the right to go up and question and approach him because they saw him committing a crime? >> yes. the answer is yes. >> i'm not saying it's the worst crime. however, it's on the books. they can't just decide amongst themselves what they want to prosecute and what they want to stop somebody for. they're assigned, there's a task force, you're not supposed to resist. is it horrible that he's dead? absolutely. is there a question because of the chokehold and whether this was excessive force? yes. did they put this to the grand jury? yes. and for some reason the grand

jury came down like they did. >> and the video was released to the grand jury? >> yes. >> blame is on the grand jury and the prosecutor because this guy should be in jail right now. >> let's go to the next sound on tape. i want to ask you, kimberly, about eric holder announcing the new investigation and we have jay christian adams criticizing holder's decision together. >> i'm here to announce that the justice department will proceed with a federal civil rights investigation into mr. garner's death. mr. garner's death is one of several recent incidents across our great country that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and to protect. >> something bigger going on here. these are attempts to delegitimize the system, the system of justice in this country and america by invoking this history that is way in the rear view mirror. these are folks who want to always blame law and order, the

police. they're always on the side of the lawless. it's a bigger battle than just what happened in ferguson. it's an effort to delegitimize the american system of justice. >> all right. eric holder announces an investigation. does that change the implication of the case so it's almost all about race? because that's the only way can you do this. it's about a simple right violation. >> but him calling for an investigation every time he thinks something is politically inexpedient is nothing new. it's like b follows a in the alphabet. it's going to happen every time. i believe that this is a concerted effort to delegitimize the american system. nothing is good enough. everything is assumed from a premise of injustice, of racism, of animus and distrust with the police department. well, you never know how bad you respect or need a police officer until a loved one or yourself is in a position to be harmed and you call the cops and, boy, are you appreciative.

are any of us doing the job they're doing? anybody else want to do that job? >> it's not like the police are saying i'm going to get out and start harassing a black male for selling cigarettes and get him in a chokehold and tackle him. >> can you tell me who this yahoo is? >> he's a lawyer. >> from the justice department. >> i think as right as ferguson did get it, i think new york got it that wrong. i'm on the same side that i think that there should have been at least an indictment for a lesser charge in there. i'm not saying that i think everything worked out right in new york. >> so we should just walk away from it and say the grand jury did their job and that's it? >> there's a lot of parallels there. >> there was a big decision about 15 -- i don't know, o.j. simpson, i don't know how long ago, that i think it was a miscarriage of justice. it was a system, a jury of his

peers, he was acquitted of murdering his life. >> and then he was convicted and he was found responsible. and jay christian adams was in the civil rights division. so he was overseeing these exact kind of cases in the department of justice. >> but to say to ask for an investigation undermines the judicial system, what's wrong with that? >> no, he's saying every time someone comes back with a decision they disagree with, it must be invalid, the system must be bad, let's throw it out. he said there are going to be outcomes that people disagree with but that is our system of justice. it's better than every other one in the world where they take you out back and shoot you or hang you. >> i was going to ask you about how you see the media handling this case, will this learn from previous mistakes that has led to chaos by chasing the wrong facts and finding out things

didn't happen, do you think this will be different? >> it seems to be. i was just looking at the front pages. a lot of the people at grand central last night that were doing the lie-in, they're very young people. most of them are white. i'm not against it. if they want to protest it peacefully, i think -- i don't know if it will continue. but i feel like this has been fairly responsible. i do remember about the grand jury, though. i can understand saying that one person made a mistake, but do 12 people make a mistake all together -- >> 23 and they needed 12 to vote to indict. >> oh, bob -- oh, here we go again. >> on the political level answer when you were asking about taxes, the way to really deal with that is to be bold as a nation and go to a national sales tax. that is flat and across the board so you capture the underground economy or whatever you call it. >> you can buy a single beer and

put it in a bag. >> is that true? you can buy one beer? >> i do it! >> you do it legally. i didn't know that. >> who do you buy one beer off of? >> what? >> the reason you can't buy -- >> dana, you're not buying beer off the street, please. >> they're buying them from an indian reservation, they're not taxed there. they bring them on to the streets of new york so they're not taxed. but a beer -- >> the alcohol people have better lobbyists than the tobacco people. >> are you just discovering that you can buy a single can of beer? i don't understand. >> i knew i could buy a single can of beer, i know i could buy a single cigarette if i smoked. i'm baffled it's illegal to do it for a cigarette but not for alcohol. >> how do you subdue a suspect

without potentially harming them who is in poor health? you have health problems. how would i subdue you without -- >> it wouldn't take much, believe me. i think the fact they had five police officers and nobody's got a taser? >> what if he had a preexisting cardiac condition and he tasered him and he died? >> the police department allows you to use tasters, does not allow you to use chokeholds. >> can we at least say it's not about race? >> it's not the d.a.'s decision. these are rules in new york. the d.a. wanted to be transparent and made a motion and petitioned the court to release it and the judge made a limited rule. comprendo? >> i just wanted to see dana's

reaction whenever i call people punks. >> i can't believe that. why would you do that? >> i just do. >> is the white house helping or hurting this uneasy c

in the wake. brown and garner grand jury decisions, racial tensions in the country have erupted. one african-american law enforcement official thinks the white house is fueling the fire. >> race is an explosive issue in this country. has been for a a long time. i don't know if it's going to get better but it had -- it was improving, there's just no doubt about that. but that wound has been opened again and some of it is because of the divisive politics that the white house has been playing. look at the political strategy that's gone on. this fictitious war on women, pitting men against women, pitting whites against black, the class warfare, the 1%, the rich, tax the rich, on and on and on, it's pitting american against americans. >> and fanning the flames, frequent white house visitor and

frequent guest al sharpton held another press conference today to call for a march on d.c. >> next saturday, the 13th, we will be in washington and we'll be demanding redress on these cases. 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 jury that keep exonerating any seeking of redress on police matters. >> a man who cares not about the law, not about the facts, not about the evidence, al sharpton, on a channel no one's watching. >> so let's talk a little bit about -- here's what sharpton's doing. he's making everything about race. you can try and apply race to what went down in new york, or can you be logical and say this

is about police overuse, excessive use of force, which is more likely the case. it didn't matter if eric garner was black or white. it didn't matter if mike chael brown was black or white. if you reach into a cop car after you rob a store, you're going to get shot. lou louis farrakhan does the same thing, jesse jackson does the same thing. they try to apply race to everything and that is unhealthy. president obama and eric holder have the opportunity to make it more about what the root causes are, excessive use of force and not about race. >> and respecting the rule of law. >> i'd be a little careful about mr. farrakan. jesse jackson -- >> farrakhan yelled out last week "let's tear this place

apart," those words. >> i think we're making al sharpton the poster child for this. he said the federal government did go in the south because the laws needed to be changed. the laws were on the side of the states and those laws were used to keep minorities from voting, from participating in equal opportunities in schools and in jobs. so, yes, the federal government had to go in. this is a status of mind. for the police chief, and i think he had some very good points, but the wounds he talks about here were not about barack obama or eric holder. these wounds, as he pointed out, were still there. they are there. the question is how do you deal with it? i don't see any answers yet. but they're there. they are there. there is a sense in the black community that there is not a level playing field. >> if you want to talk racism and justice in regards to al sharpton, funny last night lemrick nelson, jr. got arrested

for drunk driving. he was passed out in a car in newark and tried to drive away when the cops got he stabbed a jewish man in the crowd riots in 1991. he was acquitted in '92 of a hate crime but then after ten years of federal trials, he was convicted in 2003. he killed a man in riots that were the product of anti-semitic rhetoric. where did that anti-semitic rhetoric come from? it came from al sharpton. 30 people attacked and killed yankel rosenbalm. where is justice? no one talks about backlash.

should they worry about jews? in should they worry about other races in backlash of a crime? >> they showed up and did their job side by side, african-americans, and now for some reason this break between african-americans and i think a lot of it has to do with our leadership. it's not based on anything i can see where the jewish community has been a strong and powerful advocate for integration. i don't get it. >> you just wonder at the end of the day the amount of harm that al sharpton is doing. in fact, when you look at the rhetoric in the beginning from president obama and eric holder when ferguson was happening, i mean, they have to look at themselves in the mirror and ask what part are they responsible for the aftermath of this? real quick if we can, let's play charles barclay talking about police officers. another controversial comment. let's take it around the table. >> the notion that white cops

are out there just killing black people, that's ridiculous. that's just flat out ridiculous. and i challenge any black person to try to make that point. this notion that cops are -- cops are actually awesome. they're the only thing in the ghetto between this place being the wild wild west. >> here's the great thing about america is that on this program we've been showing all sorts of different sound bites from people all across the board. and we're all allowed to do it. there were some minor inconveniences last night for people that were trying to commute with some of the demonstrators, but overall i think that we are showing, once again, that we've got the best s system, we can work out our problems in a way that lots of different people can show leadership. i am trying to be sensitive to -- trying to put myself in the audience of al sharpton at that press conference and i think he is quite persuasive for a lot of people.

so, therefore, there is an opportunity for president obama where people are in times of confusion in america, you look to the leader of your country to try to give you some sort of way to go forward and to heal. and i think that is an opportunity that he'll either decide to take or not within the next week. >> can i just ask bob, just think about this for one second. officer darren wilson in the cop car responding to a robbery, encounters a 320 pound white kid in the face, tries to get his gun, do you think the white kid would have been shot? >> i'm not saying -- i'm not accusing -- please don't make me be an apologist for al sharpton. i've been up against al sharpton for years. i'm not going to defend al sharpton. dana made a good point.

you go to any of these rallies that he has and these people are believers in what he says. >> craig, really quick. >> a lot of activists and a lot on the left are demanding a discussion on race but it always has to be on their terms. you have to admit off the bat that you are racist. and the discussion on race means agree with me that you are a bigot. when you see charles barclay, you see a lot of people smear him because he's not playing the same story line. everyone can talk race but they want to silence the ones that talk the most frank about it. >> they only want to hear one position. >> not all of them. >> ahead, what your profession says about your politics. we know folks in the media of biased, right? but that's not the only industry that leans one way or the other. and, dana, we

can you tell a person's politics by their profession? yes. using records they were able to determine political bias by careers. people who work in the entertainment, media and academia industry lean to the left. or if you're in the

agricultural, building, you're in the right and then there are polarized, the manufactures. i wonder why. steve milton said the donation data is the heart of the crowd pack data because campaign contributions are the best predictor of how a candidate will behave in office. in your experience, is that true? >> i'm not surprised the hedge funds and lobbyists split funds between them. it's interesting to me the conservative occupations are all those who are subject to government regulation, agricultural, mining and business. there are always complaints about that. particularly the mining and agricultural, which out in the west is very much controlled by various government agencies. so i'm not surprised to see that lineup. >> the way that they set this up

is sort of like mch.catch.com. did you ever think you would use match.com to figure out your political -- >> have you used match.com? >> she doesn't need to use match.com. >> it's free to use match.com. all you have to do is walk down the street. >> i never quite thought of it like that. i agree with these categories. when you see news and print media, except for some of us at this table but generally speaking, yeah, we see that. it's reflected in the coverage and in the editorial content of their broadcast, which is i think the most difficult to accept in terms of a uniform categorization here because we're supposed to be doing the best job possible to present both sides and not have a slant to the news. >> if you were a campaign consultants and you're looking ahead to 2016 and you want to move someone from left to right, do you think you can -- >> it depends on what business.

bob said agriculture and construction, they're under a lot of government regulation. name an industry that's not. >> well, all of them are -- >> academia is fairly much -- pretty much funded by the government. >> they have tenure. >> can i ask you one? all of these make sense. on the very conservative side, all the ones generating a lot of income, burdensome tax structures probably bother a lot of them so they donate to candidates that will lower their taxes and lower regulations. why is banking and finance kind of in the middle? >> because they are subjected to regulations and they need both democrats and republicans. >> auto? >> bailout. >> they'll donate to candidates that will most likely bail their own company out. >> greg, what do you think it would take to get people to change their minds? >> i don't know. i don't know. i was a conservative in liberal

media for a long time. i worked for a health magazine. the idea of being conservative is a nonorganic enema. but you have to keep quiet. you can't talk about it. the political bias, as kimberly said, are in areas that matter. they dictate the stories they tell, they pick the winners and losers that ultimately can lead to horrific consequences. they can create riots, if they want. >> true. >> that's why i think the left activists in general gravitate towards the media because they're smart enough to know that's where the power really is. >> all right, have i to run. maria carey got panned for her performance last night at the rockefeller center and even she's apologizing for it. but was it really that bad?

♪ ♪ welcome back. time for the fastest six minutes on television, three alluring stories, seven agile minutes, one ardent host. mariah carey hit the stage, belting out a tune for the annual rockefeller center christmas tree lighting. she should have used autotone.

♪ we'll make your wish come true ♪ baby all i want for christmas is you, baby ♪ >> oh, god. >> even the tree was trying to blame its ear. i blame mariah carey for this trend where each syllable of text is a different note. it's ear vomit. it's not singing. it's speaking in tongues. she's she's the one that perpetuated that -- it drives me nuts. >> there's a software program that you can attach to a microphone that will tune your voice. >> listen, she can obviously sing. did she is a horrible night? yes. that was like her "american

idol" performance, she'd be voted off the first night. but she's also going through a very difficult personal time splitting from nick cannon and rushing from her divorce attorney meeting for child custody. sorry. >> bob is welling up. >> i could care less. >> i didn't think she was that bad. i love that song. do you know where that was played, name that sound track. >> "love actually," the worst story ever made! >> the second story, it's better to give than receive who has had it. she's cancelling the uniruly kids' christmas gifts this year and they'll onlying giving gifts. >> this is a way to say this is

a koconsequence. instead of giving our kids physical gifts, we're giving them the gift of perspective and the true meaning of christmas. >> okay, ronan had a couple of rough weeks, do you pull the christmas gifts? >> no, it's so mean. i like part of her argument, which is giving. do you know how much it's going to cost her in therapy for these kids? >> it just underscores where my favorite holiday, christmas, where it's gone. you can't cancel the celebration of the birth of our lord and savior by doing this. >> so you're okay with her ma e maybe. >> no, i'm not okay with here period. she has a terrible voice. >> do the kids get the

understanding? >> i don't think you have to go so extreme. it could be like limit. you can have a dollar limit. say there's only going to be three gifts. >> like we do here with our thing, like 20 bucks. >> she did this with a blog post. she didn't say let's punish the kids and thoughtfully write about it and end up on fox news. you're going to hate me and dana's going to hate me for the rest of the day doing this. ♪ ♪ >> well, the video featuring the song "gangnam style" not only broke records, it broke youtube. now try getting that song out of your head. sorry. >> after we finish having the national conversation on race relations, we need to have a national conversation on your

musical taste. >> i just wanted you to -- >> you like this, you like vutu -- >> and every kid knows this song, too. >> tell me about it. the idea that humanity would have achieved a lot more it wasn't for this is false. there crap. >> what did you just say? >> bob is grumpy. >> bob, what did you even just say? >> a former mayor has son very strong opinions about the

current one and he's not holding back. hear rudy giuliani obliterate

test

following the eric garner decision yesterday, new york city's mayor shocked a lot of people when he said he's warned his own son to watch out for police. >> we've had to talked to dante for years about the that he may face. good, young man, law-abiding young man, who never would think to do anything wrong, and yet, because of a 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. in how to take special care in any encounter he has with the police officers who are there to protect him. >> one of his predecessors warned his son about this instead. >> if he wants to train young black men in how to avoid being killed in the city. you should spend 90% of the time talking about the they're actually going to get killed, which is by another black, to avoid that.

fact. to avoid that fact i think is racist. >> eric, that's pretty severe statement by de blasio, i must say that. i assume he's telling the truth. he probably has statistics. >> we need to point out that his son is african-american. >> de blasio. >> de blasio married an african-american woman. his son is black. that's where he is again using race and again this is new york. eric garner with police using excessive force. not police being racist. here is another one that will apply race. it gets more eyeballs. it gets more attention. rudy giuliani bit on it. he de blasio talk and blab on. >> i know it's very strong to say. >> i think his press secretary is in the background cheering. it's a different perspective.

you wanted to have a moment, a connection. i agree with something -- or i disagree with this. de blasio says that it should be there to protect them. but that is what they do. he is the mayor. does he not understand his own statistics? >> that is my versus giuliani. the irony is you couldn't have him without giuliani. you needed a tough republican who historically lowereded the crime levels in unforeseen level ls in order to have a lightweight amateur come in and embarrass everybody until we get another republican back in. >> well, there you go. >> you agree with that over there? >> correct. i do, bob. you're catching on. >> okay. >> lovely. >> de blasio is irish, right? >> i don't know. that's not his real name.

>> all right. >> it's so irrelevant.

time for one more thing. i'm going to kick it up with -- greg's secret to happiness. now on dvd. before i show, the single man for potential relationships. what you don't see is the stress. roll the video. here's a man trying to juggle relationships. he's trying to please one, but he's beset by another. it never ends. and no one is happy. for it is better to focus on one love and give it all you've got. because in the end all you have is two angry bears. eric? >> is this like -- the yes. ersary? >> that was kind of sweet.

>> some things that don't go well together. beer and cereal. drinking and driving. country music and hillary clinton. >> oh! ♪ ♪ oh there's something about her that's hard working and wants to proceed ♪ ♪ she fights for her country and her family ♪ ♪ now it's time for us to stand up to hillary ♪ >> i told you. that's the worst thing ever made. >> i don't believe it. i think it was done by karl rove. if you don't get it, you don't get it. you want to hear about some extremely screwed up you know what. the european court of human rights says the government of france violated the rights of

somali pirates and ordered compensation for them over judicial delays. the european court is saying that france must pay them 9,000 euros because they were held in custody for an extra 48 hours. this is where we're going. this is extremely screwed up. >> this is where the country is going. >> another christmas tree. it's from my hometown in washington. that's the national christmas tree. president obama and family lit the tree just a little while ago. >> five, four, three, two, one -- ♪ >> and it's not solar powered, is it? it's not solar powered. it's not run by a windmill. this is terrible! what about climate change! what about climate change! >> oh my god, it's so scary. now i need to be comforted by jimmy kimmel and free sushi. watch. >> free sushi watch.

♪ should i do it? >> yeah. think it will make me sick? >> i can't get sick before i go to denver. [ laughter ] [ bleep ] i mean, you got to love it. free is free. free sushi. >> that's disgusting. >> those poor little animals. >> all right. special report is up next. my favorite part of the evening. and it's yours too.

>> it's friday december 5th. overhauling the nypd. retraining for all officers. >> if the mayor wants to change policies and wants us to stand down then say that. >> the new plan for the nation's large he is police department to use less force. >> their goal is to kill us>> showing respect even for one's enemies. >> hillary clinton tells americans to empathize with our own enemies. >> a