tonight. in new york our coverage continues live throughout the night. megyn kelly and her team will be here seconds from now. sean hannity will be here 1:00 eastern time and we'll continue throughout. from the news desk good night. >> and breaking tonight, baltimore is burning. rioters try to destroy the city a destruction that seems to be without purpose. there are serious questions about whether this violence could have been prevented at least in part. after the mayor imposed a curfew that does not begin until tomorrow. welcome to the kelly file. we're live tonight, folks. scenes looked like something out of a war zone. people fanning flames that stretch across city streets.

others have seen cars presumably stolen. and others see frustration after the death of freddie gray the 23-year-old who died from injuries believed to be sustained while in police custody there are real questions about what is being accomplished by the lawlessness we're seeing tonight. rick levnithal is live with more. rick what can you tell us? >> we're at the corner of fulton and rigs. you can see the police have set up care bayeds and they're own lines. there are cars burning. we came under attack from locals who are throwing bottles at us chasing it down the street.

and in these situations we want to be there to report on what's happening. in this situation they didn't want us here. one police officer told us to with careful. there are many parts that are quiet tonight. this is in a lot of trouble tonight. we have not seen national guard troops yet. state police have been activated. police are standing their ground ground tonight. >> we just heard a press conference from the mayor and police captain saying calm is on the way.

there are a couple fires. yet, when looking at reporter live shots, rick we don't see a lot of calm. from what you're seeing what is the truth on the streets? >> there is calm in the city. there have been other attacks on media. i have spoken to a cameraman friend of mine he got out of the car to get video. he said he got beaten on the head and someone took his camera. they got the camera back. some other colleagues have had rocks thrown at them and been chased out of areas. >> is there an explanation as you have heard it for why the

police appear to be standing down in video we have seen? yet, authorities came to the cameras not long ago and said this is the situation there? >> well these officers here aren't authorized to talk to us. what we've seen is police standing their ground. we've been trying to get from one point to another because of road blocks. so we see them keeping people out of dangerous areas but inside, there has been lawlessness. >> you can see that. and there is a request made to the state, the governor for

help. whether they should have been more prepared to handle this given what we have seen unfolding so far, mayor and state officials seem to be presenting a united front. and there is sure to be some finger pointing there. >> it sounded like he was frustrated the mayor hadn't reached out to him. he said they're trying to get in touch with the mayor. he said it takes time to get them staged and so there is a delay. >> she didn't do it. as rick is speaking these

national guard arrived on scene. rioting and valuandism. car fires and people were placed in a lot of danger this evening. not to mention 15 police officers who were injured. one of the injuries tonight was a shattered kneecap. someone was throwing bottles at them. he was trying to keep peace in the city. we've seen behavior this evening. baltimore's mayor is coming under fire for remarks made after the protest turned violent over the weekend. >> we tried to make sure that they would protect it from the cars and other things going on we also gave those who wished to destroy space to do that as

well. and we worked very hard to keep that balance and to put ourselves in the best position to be escalated. >> did you hear that? we gave those who wished to destroy space to do that as well. but then today, mayor rawlings-lake suggested she never said that. that she never was leaving quote space for folks to destroy any part of her city. listen. >> i never said nor would i ever say that we're giving people space to destroy our city. my words should not be twisted. >> and then well we'll get into what she said next. >> richard fowler is a radio host. issen to her blaming the media. >> it is very unfortunate that

members of your industry decided to mischaracterize my words and try to use it as a way to say we're inciting violence. there is no such thing. >> her words stand. viewers have to listen with their own ears. >> when you listen to words, it's very clear she said that and was trying to give these pro testers-rioters a chance to blow off steam and stop. it didn't happen. but she is so far over her head when it comes to leadership. she is not taking any leadership role in this city and i'd just like to bring up one thing here. freedom to assemble does not mean you stop traffic and stop

vehicles. if you want to make believe it's lawful assembly you're breaking the law yourself. >> we believe they're about to come out of the vehicle you're watching here. sent to try to keep the peace in a city burning tonight. and now, that we've seen destruction she tells us they never said it. we know she did. >> her staff saying look what the mayor was trying to say in the heat of the moment is we're going to give space to peacefully assemble to do so. >> if that is what happened you

say something wrong, we've been there then you come back and say, i didn't say it right. and what she did was say the media somehow misrepresented her message. therefore passed blame. we put the two sound bytes together. listen. listen. >> we try to make sure that they were protected from the cars and other things going on, we also gave those who wished to destroy space to do that as well. and we worked very hard to keep that vow. >> i never said nor would i ever say we're giving people space to destroy our city. my words should not be twisted. >> twisted? >> listen. like i said i think there is

some miscalculation and misstep on the statement. intention was when the staff tried to walk back the part she's giving space for people to peacefully protest. nobody ever -- >> why did she come out saying the media tried to mischaracterize her words? the reason this is controversial, nobody cares about the media. i'm trying to get to whether she has some responsibility here for setting a tone in baltimore that destruction would be tolerated. >> i don't think for one second -- >> absolutely. let me give mark a chance to respond. >> it is crystal clear what she said her ideology preceded leadership. now, now officers went to the hospital. she's trying to rewrite history.

she said it. she's got to own it. that is not a miscalculation. she said it. i'm allowing people the space to destroy. that means do you not understand the english language? >> i understand english language i'm only saying the point i'm trying to make here mark. is that there is no mayor in the world that is the best way that, would want people to destroy the city they're in charge of. so it's bafoonery. >> i think the question is whether out of a desire to be politically correct, to bend over backwards to let these protestors have their say, not understanding the risks of what i mean, it's not like we haven't seen this. it's not like we didn't see recently what can happen in protests that go wrong.

she knew we all knew we'd just seen this. so did she have a responsibility to follow the rudy giuliani rule? the first rock that is thrown you're done and arrested you send a message to everybody else. that will not be tolerated. . >> i want to make a distinction here. there is a big distinction from peaceful protestors today. people protesting were not throwing rocks and between the two, where you get to this you know headlines saying protestors are rioting. rioters are rioting. thugs are looting. >> unfortunately, when you sign up to go on these protest mars you don't always get only boy scouts >> well that is true. listen, richard is correct.

some peaceful protestors do fade in the background. but they're interchangeable. >> no they're not, mark. they're not. >> for anyone watching. richard? richard? listen to me. >> people are not interchangeable with rioters and looters. that is absurd. whether it is is -- whether -- whether. >> richard richard, let me finish. you're watching people this is not the first time that they've conducted themselves in this manner. and you kind of wonder why there is a lawnessness in this community. is this the first time a company has broken into a window and stole something? the first time they threw rocks at police? first time they shot at police? started fires and looting? no. this conduct didn't start because you had a law-abiding

citizen that all of a sudden got caught up and now i'm going to turn into a criminal. these are people that have all of these lying in wait for this opportunity. some are citizens that live there. some aren't. but to say that they didn't start out in the peaceful demonstrations is something that you cannot say. neither can i. and you're asserting saying look. we're going to wait to riot. no. no. i think there are those. and unless you get the opportunity if freddie gray hit

the police officer he would be arrested immediately. we have not had one arrest. no matter what anybody wants to say, fact is that he his vertebrae wasn't broken l being shackled by police and into custody of police they made a mistake and someone should go to jail for it. >> but richard they may. they may. >> he was shackled when the vertebrae was broken. >> you don't know yet. they're investigating. >> exactly. if the opposite way around the person would get arrested. that is what they're saying tonight. >> which you're implying what? that there is a race element here? >> no. that no such thing. i'm saying is that this is the opposite way around. if the police were hit by someone the person would get immediately. >> that is not what you said earlier.

you said if this were black men who had done this to a white man, there would have -- >> you said that before our 9:00 show. >> megyn we've done this a couple times i think there is a big problem between community and policing. and we've got to resolve it. it requires everybody saying we're going to have a conversation about what is not working. and clearly, all across the country we're seeing this happen week after week. this system we have set up here is not working. >> we you see it -- >> this is -- >> last two incidents we saw, those cops were placed under arrest. and are awaiting trial. that may happen here. there has been no decision not to charge the cops. >> freddie gray is in the ground and buried and we don't have the

autopsy. judge napolitano said it best at 9:00 hour. >> you don't trust the african american police commissioner or majority, minority? . >> i think that is far from the subject i'm being clear. there seems to be a problem in this system. >> how is there a problem? these cops might all get charged you can see all six of them charged. >> they should. >> and then what would you say to people out on the street rioting? >> why would they take this to a grand jury? >> richard? >> i've got to go. now, you're watching the s.w.a.t. teams on the screen. stand by. thank you. so we're looking, so we've got the s.w.a.t. teams on the scene. and an update from there, next, don't go away.

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we have been watching s.w.a.t. teams ahead we've seen the national guard as well. leland? >> megyn things have calmed down if you will. that is because police have retreated. that is what we watched this whole time we're now behind the police

line. main battle action happened down about a hundred yards or so. what happened out here is very clear. the police made a decision not to hold their lines, and to not try to arrest any rioters and looters and allow a street corner to be destroyed, we saw a number of cars lit on fire a liquor store on fire. if you want to chalk one up it's clear rioters woon out here tonight. it seems like most folks have gone home except for folks at the corner of the liquor store still continuing to get five finger discounts there. in a sense, the question is who gets more tired first? protestors get more tired or police get more tired

police now are beginning to bring in reinforcements. one officer said we're here until it is over. it's hard to believe. we watched what played out during 9:00 show in terms of looting and anger on the streets and people taking advantage of this. this tonight will be the beginning middle and end of this. you can hear the chopper, police are out in force. ity're trying to bring in resources question is what are they going to do with these people? if they stand and watch the violence continue it sends a message to everyone watching they can come here and do that tomorrow night. is the national guard coming in? there is a chance police are going to be freer to move around and try to make arrests. but it's still unclear why these officer as loued the kind of mayhem to go on down there. we saw that during 9:00 hour. then during 10:00 hour,

violence got worse and we saw cars lit on fire. >> police are suggesting they didn't have the bodies we saw many police not doing anything. and it does beg the question whether they're given order to allow this to happen. we'll be back to you. we're seeing what looks like reinforcements, reporters earlier could only watch. some businesses were looted.

>> if you take a look you can see inside you can see that it's just been ransacked by looters. most businesses are protected but this one looters were able to get into. and i was told do not go in there. there are suspects inside. you can hear sirens this evening. people are responding again, more personnel coming. this is what you're seeing.

we'll keep you updated on new developments here. >> thank you. >> david west is a fox news contributor. he joins me now. >> so we saw senior citizen center and cbs burned robbing their neighbors. cvs is burned and then they come out and complain about conditions. this is going to happen. and public schools need to go to work. the city streets not under control i've had callers on my show.

they're just trying to get a town back to normal. it's not going back. lesson from ferguson is plan ahead. former governor at the correspondent dinner. someone at the table said he's getting texts from his son. there are riots and policy failure. >> stand by. >> what are you seeing and hearing? >> we're at the corner of riggs and fulton. and fire trucks are just rolling up to the scene here. there are heavy flames now.

we roll by here it's just thick black smoke. and there is a fire blazing. and then once flames started we had more trucks arriving. this could spread. numerous fire vehicles on scene. and you can see there is a heavy police presence. this area is quieter until this happened. and and there is a row of

buildings there. >> it's 12:30 at night. people are asleep with their families. >> do you live in the neighborhood, sir? >> i'm from this neighborhood. >> can you tell me your thoughts? >> my thoughts is there is a lot of emotions and hostilities like these guys here are mad. man. you know what i'm saying? these cops out here they killing young black men. and it's a lot of emotions being played you know? stuff like that. but i talked to a lot of these guys man. they say we're doing this out of anger. do you know what i'm saying? >> but they have to know this isn't helping a cause. >> a lot of these, probably 90% of the guys here have been a victim of police brutality.

>> have you been a victim of police brutality? >> what form? >> from being beaten my head stomped in the street. been in the back of a paddy wagon. and having them like drive? >> your name? >> jamal cooper. >> this had to upset you to see this violence and fire. >> yes. i don't condone this or any form or fashion but i understand where these young black men are, you know how they feel. >> where do you, where does your community go from here? >> i don't know. and -- >> how does this get better? >> how does it get better? >> yes. >> for them to take ease. to do what they live for. to protect and serve. for the cops to do their job. rather than going over board and like killing these young black

men. >> i understand that. >> have you tried to talk to anyone to calm them down? >> yes. i have just talked to a few black men. up here. you know. it's like they're emotional. they're mad. >> yes. >> you know? >> yes. >> i'm a peacemaker. you know? and i have tried to talk to these men, man. but i said, there are a lot of emotions and they're tired. it's not just here in baltimore. it's everywhere. black men are dieing out here on the streets by the cops man they need to take another form of how they do their job, or whatever they don't need to kill the black men they need to come up with a form to you know another way to

apprehend these men. rather than killing them. >> we hope it happens be safe. >> it appears there are enough fire trucks but emotions are still running high as you can hear. you know? i don't know where they go from here. jamal doesn't know where they go from here? >> let's hope they get the fire out. >> we saw people vandalizing the fire house as police showed up to try to save a burning business. they couldn't save the neighborhood cvs. owned by their neighbor. i want to get back to david weber. we're 30 seconds from break. >> he made you feel it. they're mad, they're angry. they believe they're being brutalized and murdered week by week by the cops. >> yes. and that is understandable. but to turn that into this?

the row houses and resources. >> they want to be heard. they don't feel they're being heard. >> you can be heard. they can take action. they can do so many things in the community. >> and you'll be heard more right after the break. we'll be right back. the new s6 hits the stores and i'm like... whoa. open the box and... (sniffing) new phone smell. jump on a video chat with my friend. he's a real fan boy, so i can't wait to show this off. picture is perfect. i got mine at verizon. i... didn't. it's buffering right out of the box he was impressed.

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we're back now. baltimore continuing to burn. a row home catching fire. you can see for yourself. and the police showed up on the scene. this is from earlier, david respond to that. i understand you can talk about causes but what you did see is young african american men in particular, some women as well. who are angry, they're angry about circumstances and they

feel victimized and disempowered. >> so you've got a black leadership in that town. >> community policing. >> where is the politician running for office? voted in by the people who says i'm going to get out of the issues. so when it does happen. >> it's police relations are a piece of that. i'm reminded folks live here are not participated in the violence. >> there are local owners and guy who's started a business. these people will pay a price

that will be paid by them. so real community leaders need to say we're going to start a process of fixing problems. with the police mayor. >> if you wait it is too late. >> one protestor is complaining that the police hit him with bean bags watch. >> just hit me with three bean bags i ran. i just ran. >> there is nothing i can do. >> can we see where bean bags hit you? >> there you go megyn. >> is the light on? >> we. there a lot of you seeing what

happened. there is another >> and i ran. i go there. i go there. >> just stay with me. and are you going to stay here? >> yes. i am. >> i mean well when curfew comes we've got to respect it. so we've got to go inside. >> and -- >> everybody is protesting. i'm not trying to do more than my means >> tell me what were you doing when you got shot with bean bags? >> i was telling the police i -- >> were people throwing things at the police? >> yes. we was, they was. >> what were people throw at police? >> maybe bottles or maybe this. >> you're throwing that at police? >> this kind of bean bag. but really loud shots. i got shot. >> and that --

>> it gives you a context. police someone having us believe police are doing target practice. >> they're being overly restrained. when you're standing there and stg smg is coming at you in the dust or dark you have no idea what it is. you don't know. i was standing there in in ferguson grip was doing shots for you. you don't see what is coming. you just see an object coming. so he said we. his culpability is there. >> don't throw bottles at the cops and you're not going to get shot with bean bags >> you said it. community leaders need to get

out ahead of the issues in the community. you're not going to change them in the heat of the moment. >> it was for seeable. we just went through this. david great to see you. >> and news crews are heading to baltimore, we'll have a live report, just ahead. to all the tools and help on experian.com. so how are we going to sweeten this deal? floor mats... clear coats... >>you're getting warmer... leather seats... >>and this... my wife bought me that. get your credit swagger on.become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil.

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breaking tonight, riots continued late in the night. this is a house fire now in baltimore. just erupted a short time ago. these are homes. it's 12:30 at night. who is inside? families? children? pets? were they able to get out? is anyone protecting firefighters on the scene? we've seen acts of sabotage. look at this man. dancing in the flames. there is a car looked like it's back b.to explode next to him. leland is live in baltimore, what is the latest? >> the looting continues at this hour. this is the street corner that riots have gone on all night

we've seen police take this. we've seen them walk back now, you can see looting going on at the two liquor stores on the left side there. folks are getting five-finger discounts. this must have been the most well-stocked liquor stores in history. two cars were smashed and lit on fire. people stole them and then drove them into each other. it's an amazing driving scenario that played out on television. what is amazing and we don't know why. we know the police have only made one arrest in front of us. that is something going on very long into the knight. as we speak, and this plays out behind us looting and vandalism police are still 150 yards up that way. there are more bottles. you can see a police car and they speed up because the

looters are throwing liquor bottles. police don't bother to stop. >> incredible. it doesn't look like america. we'll be back to you if news warrants. there are questions about phone shally explosive remarks from a controversial black leader named malik shabaz. he happens to be the former national chairman of the new black panther party. here he is speaking to a crowd in baltimore the other day. so that is helpful. we're watching this scene with

that leland just took us to. they're throwing bottles at police cars this guy goes out there. animaling tats the crowd pours fuel on the fire. and you have got to see how he's just mentioning the president of the group. no one mentions and just play the sounds. look at this. firefighters are throwing -- throwing bottles at firefighters. under what suspicion a lot firefighters? nothing. they're trying to put out fires of rows that might have families in them. makes sense. >> crazy. >> so i just want the audience to hear what malik shabaz stands for. >> true sovereignty is black

power. is black nationalism. through freedom and liberation which is our rise. it must. it ain't got no choice. it must coincide with the white world demise. >> he goes on to call white people the devil. helpful. >> well hardly. and you know people like this continuely are remade and reformed. people like al sharpton never been held accountable for the things did he in the past. here is a guy in a recent time frame that is none of that is being referenced in terms of where this guy has come from. just seemed to be another person there. taking part in protests. so history around this guy. this is an under pinning of a certain kind of ideology driving the anger we've heard by people on the streets that you showed earlier.

there are ugly themes there, that i think america needs to wake up to and begin to talk about how to do he deal with that? people that hate the nation they live in? you said earlier. this could be seens from syria or from from afghanistan. >> right. >> what are we seeing here? total break down of civilization. people dancing in the light of fires. this is outrageous stuff we are seeing here. >> setting resident recall homes on fire. throwing bottles at firefighters? since when did we see firefighters killing young black men? not that it ever made sense before wrb before, but it crossed lawlessness. >> this has a benign beginning. peaceful protest supporting the family around the death of this unfortunate young man. we still don't know all the facts about his death. it looks ugly and it may be

ugly. and if the police did something that results in this young man's death, they need to be held accountable. >> but we he have to wait. we have to wait for the results. my apologies, up against hard break. we'll be right back. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think? geico. fifteen minutes could save you fifteen percent or more on car insurance. when it comes to good nutrition...i'm no expert. that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins

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it appears to be getting worse in baltimore as both news crews had to retreat because situations are growing increasingly dangerous. we have confirmation from police who are reports of criminals throwing cinder blocks at passing fire engines. cinder blocks. former fbi agent in choorj is with me. your thoughts? >> where chaos rains, chaos rules. that's the whole gist of this thing. if you don't have standard in place from the time this man was arrested and this whole thing

started to blow up you see a lack of standard. whether in the police department the way that the police rule on a daily basis, the way the city is responding and preparing for this and by and large, the way that the city tells the people that live there you will act, you-tsh go ahead. >> we are seeing there, more families on the stoop. this is a second fire. not the first one, correct? this is a different fire. different neighborhood. now jonathan has come to the point where they are setting fires to their own homes. >> right. i heard somebody tonight say that this is because of anger and that this is -- >> jamaal said that. >> that's ridiculous. i saw angry people earlier. those people live there an they want change. it is not people throwing bricks at fireman. not people tearing down the local liquor store or cvs. they he have by and large turned

this from dialogue no a complete riot. and when you have a mayor that goes out and says the thing that she does and they saw it happen in ferguson. why didn't they go out and prepare beforehand? did they not know that there might potentially be a riot on the day that this boy was buried. >> they told us about half an hour ago that things were calming down. they appear to be anything but calm now. look at this. look at the lives put in danger right here. who is inside to say nothing of the firefighters risking their lives and may have families of their own to protect people against this madness. thank you for being with us tonight. our coverage will continue. we will have more for you tomorrow note on the klly files right here. and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating

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leland, great job tonight and everybody else. we go now to the family. >> it's 11:00 p.m now in baltimore. "hannity" mentioned the family is to begin a new conference in just a moment. this is live coverage. these are live pictures there, there is mayhem in west balance more where we are looking and in east baltimore. this is live in the late night hours we are expecting police news conference to begin almost immediately. during police news conference we are hoping we will get an