baltimore just looks like a war zone as we wake up this morning. thank you very much for joining us on "fox and friends." let's now go to baltimore and bill hemmer. bill: fox news alert. a major american city erupted into absolute kay -- absolute chaos last night and overnight. the looters made the local business owners their targets last night. >> get back!

getback! are they watching this? are you watching this? bill: leland vittert working late tennessee the night trying to figure out where the looters and rioters would go next. now with the sun up what will happen next in the city of baltimore. martha: i'm martha maccallum live in new york city. parts of the city of baltimore on fire. you have got thousands of national guard troops pouring in after they were asked to help out. you can see the images are unbelievable from last night. there were nearly 200 arrests. 144 cars were set on fire 15 city buildings were torched and local authorities said they were

left stunned by this violence. >> i understand anger, but what we are seeing isn't anger it's the destruction of a community. the same community they say they care about they are destroying. you can't have it both ways. >> these are thugs who are seizing upon an opportunity to show their anger and distrust and frustration at the police department. this is not the way to do it. >> i'm proud of the officers out there sustaining rocks and bottles who were hit in the head. >> here is the headline for the "baltimore sun." riots erupt. the images reminding so many of people from 1968, 47 years ago when riots swept through parts of of this city.

in parts of that town in west baltimore, there are parts of baltimore that were burned in 1968 that have yet to recover even to this day. there is a cvs pharmacy that serves so many people in that neighborhood. that was set on fire. peter doocy and his crew are out there. what have you seen so far. >> reporter: things are improving quickly. 5 1/2 hours ago our crew was getting set up for a live shots behind this police line and there was so much gunfire that we could hear. and there were so many people still on the street running right up to the police lines testing their limits seeing how much ground they could gain that it was not safe to be there at

4:00 in the morning. but now, you see the police are here keeping everybody safe. but nobody is here harassing them at this hour. and people are actually here cleaning up the streets. we have seen people with brooms and snow shovels. we have seen people going in and out of the different store fronts that were looted and police have been letting people go through to clean up. things so far improving. but now we have to wait and see what happens because it is a nice day out. the baltimore public schools are not in session and we have people coming over and they are still very upset. we don't know what's going to happen. bill: we saw what happened with the helicopter shots. school is closed today. there is a curfew.

but that doesn't go in place for 13 hours. if you note the national guard success see them? in spots and areas. how many have you seen at your location? >> reporter: in driving around several different location we have seen a lot of different heavy tactical vehicles. they are not only patrolling the streets but they are positioned in some places they think might be hotpots throughout the day. right now no national guard here. but this area is considered safe enough. there was so much action here last night but a few minutes ago the governor of maryland was here and the mayor was here. they walked up to this cvs pharmacy which was the first part after community-organized

effort by some people trying to take back the streets take back the sidewalks to get everything cleanerred up. it really, though, is -- you get a sense -- sometimes they say something is a state of emergency and you don't see it here. you see it, you smell it and you hear it. things are not so good in baltimore. some people are trying to help them get better but there is a long way to go. bill: both peter deucey -- pete early -- peter doocy and his crew about a mile from where we are now. the funeral for eddie gray was yesterday. after the funeral was over and the schools gout you had the mob mentality. and nobody really knows. there was a sense of drama in

this town today. is that the end much it or not. martha: we'll see if we can show how this got started yesterday. yesterday the call to action on social media urging kids, you can read the words here, it says at 3:00 after school we are going to purge. and purge they did. they turned out in huge numbers. running at the police. watch this video from yesterday afternoon. hurling rocks and the police started to basically pull back from these front lines as this got worse and worse. just look at what is happening in the streets of baltimore. the fairs began and the smoke

started rising from hundreds of those fires. you can see the police lines and the confrontations with young people students. some of the protesters turned their attention to the local businesses. they ransacked the cvs pharmacy. they busted the windows, smashed the doors and carried out as much as they could then smoke firebombed the place. look at this scene. people started take over this this cruiser. they jumped on top of the cruiser, they slashed the tires. there is the smoke pouring out from the cvs last night. you couldn't believe your eyes when you saw what was unfolding. the flame asked for peace. the reverend who spoke at the

funeral told gretta this is absolutely agonizing. when you think you are getting closure, to have that brand aid ripped off. here is leland vittert as this blew out of control. >> all they want is answers. >> reporter: you think this is about answers? >> some of it might thereby their own greed. but they want answers. >> how does looting get you answers? >> it doesn't. >> over a period of time, anger this is what it gets. they figure it's justifying themselves. martha: you listen to so many of these people. bill hemmer is outside city hall in downtown baltimore. you shear voices of people urging calm and volunteers

sweeping into the streets to get things cleaned up and no one knows how it's going go today. bill: the city is ticked off for what happened last night. i drove down here at day break in the morning rush hour coming into baltimore it was like any other day. people were going to tbhocialght areas around us. but if you walk a half block behind city hall you will find a market that was board up and locked up. a the street there was a walgreens that was open with no damage. i talked to the workers inside and they said they closed the gates at 3:00 in the afternoon. that was the order they were give from the corporate office. that's what they did there was no damage. the ladies working there today said they wish they were not at work today. they are waiting for a phone call to close the shop up again. for the moment that has not

happened. however, there is traffic moving through the area. but in west baltimore that's the issue and that is the concern not just today but going into tonight all the hundreds if not law enforcement agents responded to the city of baltimore, they will be put to the test to see if they can keep things peaceful today. martha: the schools are closed. he they canceled the orioles game last night. protesters are demanding their voices be heard. but are these violent riots sending the right message? will police be able to contain it anger on those streets? we come back to you live in a moment with detective rod wheeler. >> they are mad man. if you know what i'm saying? these comes are here killing young black men.

there is a lot of emotions and stuff like that. but i talked to a lot of these guys

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martha: that was one of the young men out in the streets. in baltimore the schools are closed. that raises a lot of questions about where the student we saw yesterday are going to go today. it comes after that massive riot that raged in the streets. schools are canceling field trip the that were scheduled to go into the city. there is a week-long curfew that will go into effect tonight at 10:00 p.m. that's in addition to the 9:00 p.m. curfew for kid under 18. the district office is open. they are battening count hatches. very concerned they will see a repeat of what we saw last night. we have a lot of people trying to flood into the streets and

help these businesses get back up and running. let's go to bill standing by live. bill: governor larry hogan went to the mondawmin mall you saw in the pictures. he's at the mall at the moment and will hold a press conference at noon eastern time. there is a story crossing when they were asking him about the response the state gave and the city gave. he says he was waiting for the call for the mayor and waited until he got that call. once he did all the other across had been put into place. rod wheeler was here to see a lot of it. you were out at 3:00 in the afternoon yesterday and worked until 3:00 earlier today. how did this go from what pea pared to be rather peaceful.

skirmish here and there depending on the day but largely peaceful to what we saw last night. >> the funeral ended at 2:00, 2:30. then a tweet went out on social media where all these kid met over at mondawmin mall. it was 34 to 3 police officers. -- to 36 police officers. and when i got here the police were running away trying to save their own lives from a bunch of kid. they went for the cvs. i was assistanting there in front of actual all these businesses and people were going inside these businesses stealing everything they could get their hands on. bill: the police say they were outnumbered and outflanked.

how in the world did that happen? >> that's a question everyone is trying to answer. i walked past police officers in an alley. they were looking at me like you better get out of here yourself. they were totally outnumbered. we saw a contingent of 3 or 4 police officers to come. bill: you have got 1,500 national guard set to be deployed today. 5,000 law enforcement requested and a thousand local police officers. is this what baltimore need now to make sure tonight is not a repeat? >> they needed it more yesterday. but the national guard is here. they are well armed. i don't know why that call came in so late. that call should have come back in two or three days ago.

there was intelligence that government officials should have known. the mayor didn't react and the police chief didn't react. and it was complete bedlam. we'll talk to you throughout the day and the afternoon and rely on your expertise. our crews last night told me they literally watched people float different stores and police officers were standing on the street. our fox crews asked them, why don't you stop them. and their answer was talk to the mayor. the mayor is going to have to answer a lot of those questions today. martha: there is a lot of questions about her leadership. all the breaking news live and straight ahead. but the battle over same-sex marriage is going to the supreme court. the justices will begin hearing

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martha: we are back. let's get a look at some of our live stories. arguments begin at the supreme court in an historic gay marriage case challenging the constitutionality of states defining marriage which could pave the way for same-sex

couples to marry in all 50 states. >> a bill to give congress a say on any deal reached between the obama administration and iran. >> a grim search continues for the vick terms after the massive earthquake -- -- for the victims after the massive earthquake in nepal. 4,400 people are dead including at least three americans. jonathon hunts is live on this big story for us. >> reporter: it's just after 7:00 p.m. tuesday in nepal. they are heading into a fourth night since the quake first hit. a fourth night where hundreds of thousands of people are living on the streets.

their homes completely and utterly destroyed. rescue crews have been taking advantage of every daylight hour trying to find survivors. but they are trying to get into the remote towns and villages. weather conditions are hampering the helicopter flights it's the only way in to a lot of the smaller places that are otherwise completely cut off from the outside world. nepalese families living in the united states are trying to get in touch with relatives living in nepal. in some cases they have got through but the news is not good. >> they said they couldn't dig them out. they don't have the helicopters to get the food or medicine. but there are no helicopters. and the roads are blocked. >> reporter: the u.s. is part of the major aid operation under

way getting in food, medicine and water. but if you heard that gentleman saying one of the problems is once it gets to the airport in kathmandu it's another question entirely getting it on to the helicopters and getting it out to those who so desperately need it. a difficult operation of coordination. martha: in terms of people from this country how many do they think are still missing? >> we don't know the answer to that in terms of a definite number. we know there are americans here who are worried about sisters daughters, brothers still in nepal. some of those are stuck above the base camps. there are some americans up at camp one and two higher up mount everest. they are still trying to get

down. other americans, a couple of young ladies from eugene, oregon were hiking in the lang tang national park and they have not been heard from. we just heard 250 people are believed to be listing after a landslide. we can't put a definite number on the number missing. martha: bill hemmer is in baltimore. >> reporter: we are seeing on the west side of city hall the national guard troops have come up for the first time. now the national guard show of force here, the media around

this area, too. it's important to put that image out to project sea sense of strength. that's happening. in the meantime the mayor came under a lot of fire. sunday this is what she said. she said those who wish to destroy, we'll give them space to do that as well. she was questioned about that last night repeatedly. she blamed the media for misconstruing her words. but last night she called the people in the street thugs and idiotic. we'll debate her response. but curfew goes in place tonight at 10:00. no school in the city of baltimore as our coverage continues. the mayor from last night. >> while we tried to make sure they were protected from the cars and other things going on. we also gave those who wished to

doas destroy space to do that as well. and we worked very hard to keep that balance. what are you supposed to do, drive three-quarters of a car? now if you had liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance.

bill: back in the heart of baltimore, maryland. on the west side of city hall, these are military police and mps who we are told have extensive experience in iraq and afghanistan and they live near the state of maryland. 144 vehicle fires 15 structures burned. 200 arrests. with the show of force we are told has arrived in this city you can expect that crowd to take no chances with police. schools are closed it's a city

school system that doesn't run with yellow school busses. the student that gathered at the mall was a flash mob. we are asking how do you stay ahead of the game if there are hundreds and thousands of people communicating online, how you get to the spot before they do. despite the barricade set up behind police headquarters. the city is open. the governor will speak. larry hogan at noon eastern time. and we wait to hear from the mayor, stephanie rawlings-blake. when will she talk. martha: there are so many questions about whether a different brand of leadership

last night might have helped things as the mayor of baltimore takes her stand and a lot of heat for controversial comments she made over the weekend as she explained her strategy to deal with the protests. here is rawlings-blake sunday. >> while we try to make sure they were protected from the cars and the 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. martha: space to destroy. she wanted to keep a balance with those who wanted space to destroy. she is on the defensive and she is blaming the media for twisting her word which seemed pretty clear. >> i did not say we were passive. i was explaining how property

damage can happen during a peaceful protest. it's unfortunate that members of your industry decided to mischaracterize my word and try to use it as a way to say that we are inciting violence. martha: david webb is the coast of the david webb show. richard fowler is a radio talk show host. welcome. this is such a mess. obviously her word were misstated clearly. david, when you look at what's going on here with different word or different actions stopped what we saw yesterday? >> not likely. i don't want to argue the mayor's word. that's a debate that doesn't do anything about the issue that exists. the failure in baltimore has been a failure of leadership in a city that's 62% black with a

10 use of crime ate salt and murder at a higher percentage per 100,000. the real failure is that the leadership in this city, democrat controlled for a very long time, has not addressed the community problems rather than waiting for a crisis to say they will address it. while they want to talk about this issue and deal with the rioters, peaceful protesters are one thing, rioters are thugs restraint should not be used on them. restraints should be used on them. they should have been arrested. round up, taken off the streets. but this will keep repeating itself if they don't do something about this starting now. martha: these are the governor's word. he expressed dissatisfaction with the way the mayor was

handling it. here is what he said. >> we declared a state of emergency and i issued the state of emergency 30 seconds after the mayor called me. we were glad she finally did. instantly we signed the executive order. martha: would better leadership and a more aggressive stance at the beginning as this funeral was letting out have made a continues? >> i agree with david on the first part. but i agree with him. we can sit here and point blame. figure out what happened or went wrong. but we have to make sure it doesn't happen again. the part that baffles me is once the national guard order is put in place the national guard just arrived in baltimore. but i think moving forward what's going to happen, there has to be some sort of conversation with the community

the best way to stop this. the best way to turn community around. the best economic engine you can have is jobs. how do we create jobs? baltimore reached a tipping point but that could have been any other city across our country. all across the country we have a lack of jobs and opportunity. and greater inequality. martha: they just destroyed how many jobs in that community. people have been pouring their hearts into those businesses in the middle of that city. this is heartbreak for all americans. i don't know if this is a racial issue. you have got a lot of black leadership and youth out in the streets causing this violence. i think this is maybe a question that need to be addressed in how we can fix these problems the last 30-40 years. >> jobs is not an issue.

jobs is a facet of this larger issue. richard is completely wrong on the jobs and so is the executive vp of the orioles who blamed this on jobs. baltimore has a gang problem crime and drug problems. they have not dealt with those issues. the jobs issue right now are the people who have their rowhouse burned who can't go to work or the people who had their businesses burned out where they cannot work. to resolve this problem the community leaders have a responsibility. they have elected this leadership decade after decade since the -- the 60s. >> there is nobody condoning these thugs and rioters. they should be condemned and arrested. we have to figure out a way to tush this community around.

how you turn delapidated communities around is bin vesting, not starving it. you have got to rebuild the community. that's how you create economic growth. martha: what we have been doing in baltimore has not worked. i think we have to agree on that and rethink what we have been doing. thank you very much. over to bill. bill: before you rebuild the community you have to restore the police. a thousand police officers said to be called up on the streets. the police chief expressed his dismay aunter frustration with what he was seeing in his own hometown. first we'll talk to bill gavin a former f.b.i. assistant director in boston who has

choice word for how this has been handled so far. here is anthony batts. >> i'm days pointed we cannot be more responsible. an embarrassment that we have nationwide in our community. this is not protesting or first amendment rights. this is criminal acts doing damage to a community. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

another protests were peaceful for the vast majority of time. they didn't get reckless or problematic until they got to the northeast corner of the baseball stadium when they started to act up. we moved resources to this area to address them and take them to jail.

we went to the mondawmin corridor. they just outnumbered us and outflanked us. bill: that was yesterday. there is an entirely possible newer the city of baltimore today and they are hopefully as best they can learning from the mistakes of the past 18 hours or so not to be repeated today. will that happen? bill gavin is the former assistant director of the f.b.i. how is it if you are running a city or even a state for that matter that you can find yourself in a situation where you are outnumbered and outflanked? can you explain that? >> where civil disobedience is permitted. civil disobedience will prevail. the actions of the police, the

administrative people who run the police department made a horrendous mistake and they have to take responsibility for what happened here. the first rock thrown is the first person to get pea rested and everyone after that until you put an end to it. then you can address the situation. but during the course of something like this. people jumping you have and down on police cars and people throwing rocts at police, you cannot get ahead of it unless you put that problem down. bill: we talked to our fox crews who were out late last night. when they were watching athletes and police officers stand there watching them do that. they asked the comes why are you not stopping this. their answer to our fox crews was talk to the mayor. what's that about? >> that's absolutely right. they were not permitted to do

what they are trained to do. they could have stopped this, the fine men and women of the baltimore p.d. could have but they were restrained. they had leashed put on them by their superiors by the mayor and whoever else is responsible for letting them do the job that they are employed to do and are so capable of doing. nobody felt worse those people on the front line, i'll guarantee you that. bill: there is a storied building that hundreds of teenagers were talking to each on the early through social media and perhaps on the cell known their pocket. wall amounted to a flash mob they were intent 0 doing harm and damage. when you face a predicament like that like we saw at the mall. what challenge does that present for law enforce to the get ahead of it and beat them that spot?

>> that's a difficult challenge but they have access to those social networks as well. they shut the transportation down and there are no yellow buss in the city of baltimore. it was ridiculous to let these kids out of school, on to the streets to throw rocks and bricks fan whatever they could get their hands on and torment the police department. the social media gives the flash mob kids a heads-up and a lead in this whole thing. but the bottom line is they should have been better prepared and the officials who run that city should have taken the leashes off the police to let them do the job in a professional way that i know they can do it. but they weren't permitted to do it. bill: that was yesterday. now we wait to see whether they

got it right. thank you bill gaffe vine. thank you for your time in joining us today. frederick douglass high school was the high school we saw let out. we believe the pictures from the helicopters are the students throwing the bricks and stones at the officers as they were back pedaling off that side street. you have a situation where the curfew has been announced but it doesn't go in place for another 12 hours. the schools are closed and the national guard for the first time is outside city hall. the governor will talk at noon eastern. martha: thanks, bill. we'll have more on ball moral in a couple minutes. the colorado move irtheater gunman is on trial two years later. the prosecute yoorl is going try

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bill: we are getting word that 34 police from washington, d.c. are en route and they are joining the massive request for 5,000 law enforcement officers from the mid-atlantic region. that could be virginia, maybe the state of delaware. we'll see when they reach that number. the governor should have a pretty good fix on that. he will talk at noon eastern time and we'll have live coverage when that happens. we are live in baltimore on day two. martha: day two of the trial of

the man accused in the colorado theater movie massacre. prosecutors trying to paint a picture of james holmes and whether he was legally sane when he took the lives of people in that theater. the first wirtness stakes the stand today. what do we expect to hear from that person. >> reporter: the district attorney says the jury will be hearing from people who were inside that theater that night some with permanent injuries. he described the gunman as intelligent but socially awkward. a neuroscience major who knew all too well how to fake psychosis. >> i'm going to ask to you reject that guy's claim that he didn't know right from wrong and he didn't have the ability to

plan or deliberate or premeditate. i'm going ask you to hold him accountable for murdering 12 people and trying to murder 70 others. >> he showed pictures 69 victims. a single mother was shot multiple times. in a case where prosecutors are seeking the death penalty ... >> you don't want to see anybody die but i don't think mr. holmes cared about it when he murdered my friend in that theater. >> reporter: james holmes was very stoic and that's because the prosecutor says he's medicated. bill: we are getting reports now of looting in broad daylight. peter doocy's crew has watched

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it's red, white and blue. log on to learn more. martha: we've got breaking news in a fast-changing scene in the streets of baltimore. more looting is underway as the national guard and police from other states pour into that city to deal with the violence spinning out of control last night as rioters rampaged through the streets. this shaping right now. we saw burning buildings last night. you see the confrontation. a lot of anger in the city of baltimore. we welcome you to brand new hour of "america's newsroom." i'm martha maccallum in new york. bill: i'm bill hemmer live in baltimore. we're outside of city hall. behind me, first initial wave of national guard troops have reported. these are military policemen, mps who have extensive

experience in iraq and afghanistan. they're located across the small grass field behind me. also, martha, you mentioned the looting. it is sun uphere in baltimore. the city is open of for business. these areas of west baltimore who were hit the loots where there is no authority to stop them, that loots continues yet again today, through the overnight hours. we saw people go into burned out stores and stores that had been left by store owners their livelihood and people were walking in there and removing entire box load, after locks load of material. that strikes at the very heart of the city of baltimore. an area that was hit with riots back in 1968. here we are, 47 years later. parts of that neighborhood have still yet to be rebuilt, and yet now, you have looting and the rioting that we watched from overnight. 144 vehicle fires. 15 structures burned. the mayor says, 200 arrests late last night.

the mayor, stephanie rawlings-blake took a lot of heat last night. she was seen earlier today walking down the sidewalk. for her in this town, a very tough time for herself personally and the city that she now above earns. -- governs. watch. >> everybody knows we have a city with great needs and there are many that are struggling. what happened last night made sure that more people are struggling and that more people have needs. and those needs will go unmet because of what was destroyed. >> we have a live picture right now. you can see a huge police presence on this street. we saw arrests being made moments ago. the police appear to be more empowered this morning perhaps than they were last night. they made 200 arrests last night. there was looting scene erupting. yelling between people on side of the street and police were trying to maintain some lines of protection. they're walking a very fine line, trying to protect the city protect businesses there. not to allow this thing go

spiraling further out of control. bill? bill: martha, we're watching that looting. our crew with peter doocy is watching as well. peter is with us, a mile from the heart of downtown balt more. peter, what did you see there? >> reporter: bill, we were actually just an hour ago we talked about how today things were looking a little better. some people, closer to where you are are cleaning up. we were on our way to a cleanup event. in the shoe store, dtlr, shoe store like most businesses has metal gate to protect its merchandise we saw a group of almost 10, i would say, young, to teenage looking boys lifting up the gates screaming expletives at us and everybody else in the street. breaking glass and rushing in. we did a loop around the block. we were trying to check things out, when we came back there were a lot of police. they were entering the dtlr shoe

store. very cautiously. some of the officers, did have their glynns drawn. we're in the middle of the street here. bill, something that is a problem. there are a lot more law enforcement agents here today. the national guard is here. there. is more woman coming the state police is here and they're coming. nabe from neighboring communities. yet, what we have seen this morning they can not be everywhere at the same time. and as they dragged out some of these young men that they were arresting, there was quite a commotion across the street. the people over here were all harassing the police. in fact, the, before a lot of reinforcements came, some of the folks ran up to the storefront, while the suspects were inside, the suspected looting was happening, and they were all jeering at the police. so, there are a lot more police here today. but now we're trying, we're starting to see, it might not be enough bill.

bill: all right peter. peter doocey, thank you, from the scene there. we're just trying to catch a little more of some of these images of the looters, in broad daylight here, in baltimore. okay now, i want to go back to new york. in a moment martha we'll get more from baltimore, to let you know what is happening with the national guard out here and extent of law enforcement that is now visible. it is 10:00 in the morning. they have many, many hours to go before they have a chance now to keep a lid on this. in this great american city that was trashed overnight last night. martha? martha: indeed they have their wo3k cut out for them. we want to take our viewers to the live shot were the naacp is speaking out at this moment. a lot of people looking for leadership in this situation some words of wisdom that will set things right on the streets of baltimore. we'll montor that. we'll let you know what is said turn around some of that sound for you what is needed coming into this.

we want to get to the milwaukee county sheriff a voice of reason and has been outspoken on these issues from across the country. he is david clark. he joins us this morning from milwaukee, wisconsin. sheriff, thank you very much for being here today. >> morning martha. martha: you see these scenes and we're seeing more looting this morning. looks like the police got the situation under control but what we heard and saw on the streets of baltimore last night was that the police there were, by their own admission outnumbered and outflanked. how does that happen? >> total failure of leadership from the city of officials andce commanders. i'm tired of saying -- seeing our nation's finest, baltimore's finest put into these situations with no way to defend themselves. you can not put law enforcement officers into a riot situation and tie one hand behind their back with the main goal of not trying to escalate things. you meet force with force. that is only thing these rioters understand. there were 15 casualties on the police side. i haven't heard of one casualty

on the side of the rioters. one of the reasons why police have to use force besides wanting to get their arms around this thing to regain control, defeat the spirit of these rioters, let them know in the long run this is not doing to work out real well for them. as long as you go in there with law enforcement sisters officers and tie their hands all will happen you will keep law enforcement officers in harm's way. this thing will not get better. i don't care if you put two times the amount of officers in there. you have to turn them loose to reasonably under the law use force to get this situation under control. martha: we saw the mayor on sunday, she was talking about the balance between the protesters and protection. she said we have to give them space to destroy. she later tried to take those words back. you hear what the police on the ground have told our reporters. when asked why you are guys holding back, they're saying, quote ask the mayor. >> the heck with balance at this point. i'm looking to win. i'm looking for baltimore's

finest to be able to succeed. the only thing that the mayor should be asking police commanders is, are we winning? if the answer is not yet, she needs to get more resources in there and demand from these police commanders to turn these cops loose reasonably. i want to be reasonable about this. we can not be afraid to use force. i've seen this go on in other cities since ferguson. i saw it happen in new york, finest of those cities having their hands tied with the goal, let's not escalate things. i can't worry about the optics, if i'm a city official while a riot is going on. job one is to restore order. and in order to do that they are going to have to use force. they will have to use reasonable force, more force than they're meeting to overcome the resistance that they're getting right now. martha: it is hard to imagine, that the police's job and i don't have to tell you sir, is to protect the people of that city and to protect the businesses of that city because the vast majority of them, are not breaking windows and setting

police cars on fire. so you have to have a zero tolerance policy, do you not? as bill gavin said, former fbi when the first rock is thrown that is when you make the first arrest, do you agree? >> without a doubt. there was more than just rocks being hurled. there were pieces of concrete being thrown which i think in some circumstances a deadly force response is justifiable. i'm not saying to fully unload but at the same time, when i see cops getting bricks and pieces of concrete being thrown at them, all they can do is ward it off, they're in a losing situation. so, if the mayor you know, balancing forget about balance. they have to win. and they have to win now. martha: what about the death of this 25-year-old man in the van when he was under police custody? what do you think about that? >> we don't have enough facts. i don't have any of the fact the other than the fact that a man lost his life in an interaction with the police. we have to let the investigation ride its course to find out what

happened. in time they will. there is no doubt about that. but this did not, this, rioting we saw go on last night over the last few days had nothing to do with freddie gray. these people did not know freddie gray. they never met freddie gray. they weren't at his funeral. they had really no concern. this was an exploited situation by these thugs by these criminal, bit criminal element of baltimore, to exploit this situation. and ruin it for the law-abiding people of baltimore and those struggling areas. the overwhelming majority who are good, law-abiding people. this is subhuman behavior. this is subculture of the black community in baltimore and it has to be crushed. >> sheriff clark, always good to hear from you. >> thank you martha. martha: many thanks. bill: you know martha, that vc vc --cvs store has become a symbol. some of the locals told me the

one of the few stores in the entire neighborhood people could rely on to buy paper towels and toilet paper to get their prescriptions filled. now that store is a complete loss as of today. now the police officers, you just mentioned there the report we get 15 officers injured yesterday. one listed late last night as unresponsive. we don't have update on that officer's condition thus far today. perhaps the governor will tell us when larry hogan briefs noon eastern time. we will tell viewers we will carry that live when it happens. late into the night last night if you're with us on the fox news channel, you saw reporters, peter doocy we mention ad moment ago leland vittert at shopping mall, watching looting, this cat-and-mouse game between the protesters and law enforcement, as the local law enforcement said they were outnumbered and outflanked. now the store owners who have their stores looted, their livelihoods stolen from them we'll talk to a few of those in a moment. here is one from the scene last

night. >> what do i think? the people in the neighborhood burned down the store? i don't know. i don't know. they're taking out their anger and frustration about police brutality on small businesses wherever they can.

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today as national guard pours into baltimore to get things under control. the scene in the streets as many people just going to work, to get about their lives but the schoolchildren are all home. there is no school today. orioles game was canceled last night as they watched 144 cars burned overnight. 200 arrests and 1500 buildings that were lashed out at, saw damage last night. it is horrific scene in one of our great american cities. bill hemmer is standing by as we watch all of this unfold today. he is at city hall good morning, again bill. bill: yeah, martha, good morning. some of the numbers are staggering. 1500 structureses burned, 200 arrested. we'll see if some numbers change. there is looting happening right now as peter doocy's showed you a few minutes ago. national guard soldiers and are staggering as well. if it comes to pass, i say if,

we have not seen the large numbers yet if it happens here you will have pretty much a police state here in the city of baltimore, the first national guard forces that we've seen, mps across the lawn here. they have had extensive experience in afghanistan and iraq. they are part of what is labeled a 1500 number deployment of national guard troops that could extend to 5,000 national guard if needed. that is on top of the call for 5,000 law enforcement officers from the mid-atlantic region which would be virginia, maryland, perhaps the state of delaware in there as well. so the governor will speak today. but last night, it was a scene of anarchy in parts of west baltimore. our crews were there. including that of leland vittert who found this last night at the shopping mall.

>> get back. get back. get up on the stairs. you watching this, guys? are they watching this? >> coming has. >> steve, are you watching this? are they watching this? okay. the. bill: that was leland late into the night. he is with me this morning. working till 1:00 a.m., right? >> something like that as streets cleared. bill: that was not shaping poll. that was liquor store. what was happening there? >> reporter: we showed up 8:00 or nine where the streets had riot lines. they were protecting a liquor stores, small businesses, minimarts those kind of things. by 9:00 9:30, they were streeted. dozens of police officers versus rioters and looters. through a couple bottles. the police backed off. they rushed in and looted liquor stores. we were between the police, they were about 100 yards up the way.

the liquor stores down at bottom of the hill. the police were watching, there were dozens, if not hundreds of police in riot gear. they had rounds of bean bags and tear gas and they watched it happen. what message did what happened last night send to the rest of the community? it all started when kids got out of school last night. there is no school today. all the kids sat home watched 50 or 60 of their buddies get five-finger discount on liquor, snacks jeans jackets whatever they wanted. they wake up today will the police stand by? bill: none of that had to do with freddie gray 25-year-old who was buried yesterday and had his funeral here. one fox producer asked the police officers last night. why don't you do anything? they said, talk to the mayor. what did they tell you about their reaction? >> reporter: every time we approached a police line you got batons raised to you back off. there was no interest in discussing anything. there was no interest in answering any questions. they were certainly professional

a way but there was no discussions. only thing i got from one officer. you guys had a long night. he said, it will be over when it is over. that's it. bill: maybe it is over today. >> reporter: we would hope. bill: maybe it is not. were you able to pick up on the story about teenagers i will call them connecting through social media and, which essentially amounted to a flashmob as i mentioned a few moments ago. they were intent on doing damage and causing harm? >> reporter: absolutely. that is how they all connected. baltimore police intelligence units knew they were convening on this mall after school. they did. that is where they raided some of the tennis shoe stores dollar stores, those kinds of things. then it turned into the running street battles throughout the whole city. what was striking in difference to ferguson, ferguson was one street. this has been multiple areas. that show kids are starting to connect. bill: i think one thing our viewers should understand, city of baltimore is open for business. there is traffic moving here.

a lot of people are growing to work and reporting to their offices. while the barricades are set up outside of police headquarters on the street corner. it is a stunning sight to see. we'll see whether or not we keep it safe tonight. good work, leland. let's get back to martha in new york. martha. martha: we'll talk about the leadership issue in all of this. the mayor has been criticized in baltimore for not taking forceful enough tact in not allowing police to do their job. what about the white house? we have heard from the brand new attorney general. is there a lead for new leadership setting tone across the nation for these conflicts from the top? we'll be right back.

martha: so democratic

congressman elijah cummins trying to calm the chaos by marching and singing arm in arm with the citizens of baltimore. watch this. ♪ we are soldiers in the army, we have to fight although we have to die ♪ martha: it was very moving yesterday to see people taking to the streets , to take back their city in peaceful way. to his credit congressman elijah cummings was leading way standing out in front encouraging people to be peaceful. here is one of the big questions. why no indication from the white house as of yet? let's talk about this. talk about the issue of leadership and what the white house's role could possibly be in all of this. brad woodhouse, joins me, former dnc communications director, president of american bridge. rich lowery editor of "national review" and fox news contributor.

welcome, thank you very much for being here. >> good morning. >> elijah cummings spoke very eloquently about all of this, brad. where is the president? where is the statement from the white house on any of this so far? >> look we heard from the attorney general last night. as you know the attorney general briefed the president on this very issue very issue last night. the attorney general works for the president. and i'm sure that the president and white house will have more to say. unfortunately what happens in these situations is, this turns into a political football. what did the president say. when did he say it? in the past he has been criticized for saying too much. so look i think the president will speak or at least the white house will speak but the attorney general does represent the views of the president. she works for the president. i thought her statement was very appropriate. martha: all right. so is it appropriate, is it enough, rich? >> well her words are fine. something i was stunned by, is according to press report the president urged the governor of maryland, that the police show

restraint, all due restraint. that apparently was his leading concern yesterday when the police were running away from the rioters. any civil disturbance when the police are cutting and running like that, it means it will be very bad news for innocent property owners and business owners. indeed that is what we saw all yesterday afternoon, and last night. outside of any statement by anyone, you need the imposition of law and order on the ground which takes police and national guardsmen. martha: clearly there has been at time times very fair to say difficult relationship between police and between some of the people in west baltimore. there are a lot of gangs in west baltimore. there is one report that came out in 2014, said police department spent $5.7 million in brutality settlement cases, 100 of them, over the course of the last four to five years. so there have been issues. but, brad, isn't that, a moment,

you know for the president, rather than to say, you know that the police need to show restraint, if indeed that is true, we know that is what the mayor said. so we can certainly attribute that to her but isn't this a moment to say, you know any violence will be met with absolute zero tolerance? because we need to protect the citizens of this city? >> well, look, that is right. the president said that during the riots in ferguson. rich is mischaracterizing what was reported last night. this was the conversation about the national guard. and the president did according to, according to governor, now i don't think the white house has confirmed this, did ask for due restraint. but i don't know what you would suggest otherwise go in there and fire indiscrimminantly. >> of course not. martha: of course not. >> that's what i am saying. martha: these are people being sent knit to help, brad. these are people who you want to put support behind. the poor people who live in the city of baltimore are under siege. their stores are being ransacked. >> no, i agree. martha: who side do you want to

be on the side of people coming in here -- >> i agree with the i agree with the mayor who said that the people who are perpetrating this violence who are exploiting this opportunity to loot, they are, they are thugs and they should be dealt with. martha: did say that to her credit. first thing she said they needed to have space to destroy. >> that is, that is a gross mischaracterization what she said. unfortunately people hijack opportunities for people protesting to destroy. martha: that is not what she said, brad. look at three minutes of it. to make sure it was in context. that is not what she said. that is not what she said. that is not what she said. she said you need to have balance and need allow peoples space to destroy. she said came backwards were twisted. maybe she said she was wrong. nobody twisted her words to be very clear about that. >> i read the comments. i understood the context. >> if i can pop in here really quickly. martha: please. >> no matter how you characterize her remarks, there has been excess of restraint by

law enforcement officers in baltimore who have been outnumbered stood by as places were looted, who have run in the face of rioters throwing bricks at them. that is why baltimore is out of control. so you don't need more restraint. you actually need more force to control the situation on the ground and protect innocent property owners and business owners. martha: we couldn't hear end of what -- >> overnight, 200 arrests were made. arrests were made this morning. and i think, i think the situation you're right. there need to be arrests. there needs to be use of force against people perpetrating violence. >> of course. >> i think it is happening. >> we're not protecting people who are burning police cars. we have to be very clear here. we're protecting citizens of baltimore. we're not worried about people, those are people who need to go to jail and quigley. you're right there have been number of arrests. rich, there has been this tone that we have to be somewhat, everyone in this country wants people to be able to protest

peacefully. it is possible to achieve that with the right amount of organization. rich one more thought. >> this is intolerable. people who say, oh the rioters are angry, they're making excuses for them. these kids aren't angry. they're having fun. that kid we saw in the car that he apparently had stolen was driving around the streets through the fire, he was enjoying himself. he doesn't care about police policies. he is never going to a city council meeting. he wants to destroy things and have fun. that is has to be stopped. >> you know, rich, i think to suggest there is no level of frustration in the african-american community, about police brutality -- >> that is not what i said. >> it is ridiculous. >> that is not what i said. i said the people breaking into shoe stores and liquor stores are not quote unquote angry about polices. they are enjoying stealing stuff. >> you don't think they're -- martha: running out of time. we will continue this conversation. >> there is a level of frustration that exists should acknowledge. >> doesn't justify any of this.

bill: they can debate this all they want. right now city of baltimore, is in middle of chaotic matter they have not seen the likes of in almost 50 years. what is the city leaders, what does the governor do now to dig baltimore out of its current hole? the chaos and rioting must not continue. we'll find out how it does in a moment when our coverage continues. >> they're saying, well you know, we want to be better educated. they say we want jobs. they say we want recreation centers. and they are concerned about all the austerity but they're saying, what about us? if you're running a business legalzoom has your back. over the last 10 years we've helped one million business owners get started.

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bill: breaking news from the city of baltimore, west baltimore a mile from our location here at city hall where already today our fox camera crew captured more looting and more arrests from that neighborhood. to date now overnight, 144

vehicle fires, 200 arrests. already the number has gone higher. the number of national guard forces national guard troops who have now reported to central baltimore growing by the hour. in fact, maryland national guard, stationed just across the way here, at the city hall. they will join up with hundreds we expect. hundreds of law enforcement officers called to this city, to restore calm after a chaotic night, the likes again the city has not seen in almost 50 years. with me from the baltimore sun colin campbell. working the story from the early days from the death of freddie gray. good morning to you, colin. >> good morning to you as well. bill: did the mayor drop the ball here or how did this go from a story where you had a couple dust-ups here and there on saturday to what the nation watched last night? >> i think basically what you had was, you had, from a week of peaceful protests, where people were continually not getting

answers that they were asking for in the investigation, now, the city officials and the police department have insisted that people need to let the investigation play out, let the answers come out of the investigation, but i think, you saw, the frustration here in baltimore come to a boiling point on saturday night, when, a group, got a little out of hand and were fighting with officers, throwing rocks, smashing police car windows, and in downtown and last night, when you had just, yesterday, started as a large group of high school students coming out of school meeting up at a mall in northwest baltimore. then they, and the giant group of police officers, went back and forth the students throwing rocks and all other kinds of trash, anything they can find. bill: i understand that this is allegedly the result of the death of freddie gray in police

custody. now his funeral was yesterday. but when you ask city officials why they were not better prepared the day of the funeral, what do they say? >> well, they have continued to say that that, they, wanted to, really give the protesters, which again it has been peaceful the whole week until saturday. so they wanted to give protesters some room, and, that is sort of, the mayor has acknowledged that is sort of allowed for you know, agitators to sort of get in there -- bill: what she said, those who wish to destroy, this is on sunday, we have given space to do that as well. she is now tried to work her way back off of that. i thought her words last night were strong. she called them thugs and idiotic. last night was too late. >> that is not really for me to say, but you, that there has been a little it about inconsistent messaging and having, you know the words massaged back by her aides but overall the mayor has stood

behind the police commissioner and the investigation. bill: yeah. police headquarters is off to our right over here. there are barricades set up. the county police have that area pretty well-marked. the national guard has now come to various parts of the city including city hall behind us. what do you expect for this response now, given the amount of numbers that have come to city of baltimore today? >> well what i really, i actually that has been a question asked a lot what now? where do we go from here? and honestly it is anyone's guess. we all thought that basically of a very violent saturday, and then sunday being totally dead, no one out on the streets, i went out to west baltimore late at night on sunday, the family asked there be calm for funeral and burial. and you know, it goes crazy on sunday with all kinds of stuff. so it is difficult to guess, to try to say, well this is how this might play out.

obviously they have brought in a lot more forces to deal with this. so we'll see how that goes. bill: thank you colin cam we baltimore sun. we'll let you get back to work. >> thanks. bill: i think colin said, one question everybody wants to know what now. we really do not know what happens now. the state and conditional of that officer who was unresponsive last night, we don't have enough of his condition as well. that is in addition to 1400 officers that were injured. what now here in baltimore? we await to find out. martha? martha: thank you, bill. we have a fox news alert. some breaking details that are just coming in from the arguments being made at the supreme court. some very interesting comments from justice kennedy on the issue of same-sex marriage. we'll bring those to you right after this break. plus, we will take a look at the police investigation surrounding the death of freddie gray that prompted the initial anger in the streets in baltimore. >> all these men up here have

signed on to patience so that the investigation can be done right, is that correct? >> that's right. >> we don't want to rush to justice. we don't want that. we want justice. we want accurate fact-finding.

martha: as we mentioned we had a little bit of news crossing the wires moments ago as everybody is watching very closely the supreme court discussions over the issue of same-sex marriage. it has the potential to be an explosive decision. and moments ago, this is the little tidbit that we got. very tough to read into the tea leaves as you know. but, justice anthony kennedy who is often thought to be a swing vote in many of these issues, said this. he said, quote, the finition of marriage has been the same for millenia. quote, it is very difficult for the court to say that we know better. so let's bring in our guests. heather hanson, trial attorney

and bob bianchi attorney and prosecutor. we'll talk about the freddie gray case. we'll get your thoughts on breaking news first. heather, what is the significance of that comment. >> we'll find that, the bans are unconstitutional there are one of two-ways. under due process clause of the 14th amendment say marriage is right. therefore you can't take it away or under equal protection say homosexuals, gays, lesbians are entitled to same rights as head troh section walls. that goes to whether or not marriage is right. that will be difficult for justices to say. if they say overall broadly marriage is right where does that end? how old do you have to be to have that right? do you have the right to have many wives? do you have the right to have many husbands? so i think that question goes to those concerns. martha: bob, what do you think what do you read in justice kennedy's comments. >> i think arguing many times in front of appellate court you

have to be very careful about what question the judge is asking. they i don't take anything by the way the question is asked although he makes a good point, why is it after all this time we need to redefine something defined for some millenniums. martha: there has to be compelling reason to do that. supporters of same-sex marriage say there absolutely is. so we'll see. thank you very much, guys, for weighing in on breaking news. we want to get your thoughts on this case that caused really the chaos that erupted over the death of freddie gray who died when he was in police custody. here is what we know about his case. he had frequent run-ins with the law. he was arrested following a foot chase. he was on a bike according to some reports in his neighborhood. the video released of the incident shows gray was injured while he was in custody. he died on april 19th following a severe spinal injury one week after his arrest. six police officers who were with him that day aree now suspended from their duties as

all of this investigation continues. baltimore city firms say that their investigation will end on friday, allowing prosecutors to decide whether to file charges against these police officers. bob, your thoughts on this in terms of what we know so far? >> i have a couple problems with it already. first of all i don't think a police agency should be investigating its own. i think police commissioner has done a transparent job squared away job as we would say in this profession as former head county prosecutor, the minute there is in death police custody case prosecutor's office or independent agency should be immediately involved in the case. greatest thing concerned me there is evidence lost already by way of videotapes have not been secured and taped over. significant things. that is basic investigation 101 when you go to crime scene when there is death. canvas the areas for witnesses and canvas the area for videotape so the evidence is not destroyed. that is very disconcerting there will be problem. without any doubt in my mind there was civil liability. the idea he was not restrained

properly with a seatbelt. in the end while in police custody and they have complete control of him he ultimately comes out with significant and serious injuries like he did, that could very well lead to the prosecutor lead reckless manslaughter. they find out it was purposeful rough ride scenario a murder case. martha: no matter what, the police responsibility to safely transport this suspect to the station, correct? >> no matter what. there is no defense here. in past cases similar cases you've seen the defense of self-defense. that is absolutely out the window here. the biggest issue, no cameras on policemen. there had been legislation vetoed by the mayor to get cameras on the policemen. more and more signs that we need this to have evidence in these types of case. >> i would like to add one thing, really disturbing what heather is saying right here. why don't they don't have a video camera in police van, video transport van in this day and age. in my county they all had them. protects officers doing right job. martha: absolutely. >> we don't know what went on in

the van and have to rely on testimony from people with very strong motive to exonerate themselves. martha: great to have you here. >> my pleasure. martha: we'll go to jon scott what he has at the top of the hour. lots going on today jon? >> very busy day. baltimore very much on the brink. residents and businesses beginning a cleanup after an afternoon and night of riots as a mandatory cure few is in effect and schools remain closed. we have fox team coverage and in depth analysis. plus one williams and infume may react to the news. >> bill back to you in baltimore. bill: how these hundreds of kids are communicating with each other online, through social media, catherine herridge has interesting development on that. we'll talk to catherine in a moment. one hour ten minutes from now we'll hear from the governor, larry hogan from the state of maryland. he was talking earlier at the

mall that was ransacked as well. here is the governor, larry hogan, a short time ago. >> this violence can't be tolerated. >> will not be tolerated. >> not reflecting well on the entire city or the efforts and concerns about freddie gray. i think it is vast majority of the people in the city are aggrieved. when laquinta.com sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let'stalk more over golf. great. how about over tennis? even better. a game changer! the ready for you alert, only at laquinta.com.

bill: breaking news from baltimore the governor larry hogan meeting with his top advisors. we'll hear from him in one hour. you will see it live. often times these press conference where we get our own best information. you watch it live here on fox. the meantime there is another story developing how these hundreds of teenagers were communicates online and were beating police to places like that shopping mall. right now there is analysis underway to figure out how this happened and how you can beat them to that spot.

catherine herridge has more on that and is live in washington. catherine what have you found out in these early hours? >> reporter: bill review of social media traffic in downtown baltimore monday night found striking connections to the protests in ferguson, missouri. according to a leading data mining firm that shared it is findings exclusively with fox news babal street that does data analysis for government entities, 50 social media accounts in baltimore tied to the peak period of violence in ferguson missouri. while the data is being refined. it suggests the presence of professional protesters, anarchists taking advantage of freddie gray's death to incite more violence. data was collected before the verdict and up to two days after violence subsided. the data in baltimore was collected through 6:00 p.m. eastern monday, three hours into the peak violence. the finding as many as 50 social media accounts were tied to cities, 825 miles apart was

described to fox news as surprising. while there is always potential to spoof these accounts to make it appear someone is in one place when they're really is another, fox news is told that can not fully explain the numbers involved here bill. bill: did this firm give you specific examples in that analysis, cat lynn? >> reporter: they did. some of these twitter accounts don't call for outright violence, bill. but at very least their messages are menacing and ominous. they tracked one recent food worker protest in new york city, tweeted photos of freddie gray's funeral writing the casket is closed but feeling in the room there is far from over. another tweet, we don't thank you for what happened but we thank you for what is going to happen. separately, another sign how social media is being used, isis has hijacked the baltimore riots and hashtag baltimore purge to promote one of its upcoming videos out of its strong hold in yemen, bill. bill: alphas nating stuff. thank you, catherine herridge.

working that story today in washington. from baltimore to back in new york with more with martha. >> thank you bill. breaking news coming out of the supreme court and interesting comments by justice breyer of the court as well. we will, talking about same-sex marriage. saying he believes he is skeptical and asks whether or not this decision should be made at the ballot bock? quick break. we'll be right back. [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor.

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tonight. we will be watching throughout the day. we turn you over to the continuing situation in baltimore and beyond with jon scott and jenna lee on "happening now." >> martha and bill thank you. the national guard troops are on patrol in baltimore with the city under a state of emergency with schools close and a 10 p.m. curfew is set after a day and night of violence. hope you are having a good morning. i am jon scott. >> and i am jenna lee. we have a look at the area right now. now reports of looting happening on the streets of boston following a night of riots fires and attacks on the police. at least 15 officers were injured and the chaos escalated after the funeral of freddie gray who died from