glow. you can see everything light up against the sky, it's gorgeous out there. that's all for us here in washington. "america's news headquarters" continues. we'll see you tomorrow. >> thanks for joining us. [ chanting ] [ explosion ] >> a fox news alert. a peace rally turns into a scene of terror and death after two massive bomb blasts killing nearly a hundred people in turkey. hello and welcome to america's news headquarters. >> and i'm eric shawn. >> the bombs ripped through an area near the main central railroad station in the turkish capital of ankhra. government officials say the terrorist attack could be the deadliest in modern history. more than 80 people have been killed. nearly 200 more injured.

demonstrators gathered to call for a stop to the latest violence, between kurdish militants and turkish security forces. what could be responsible? the latest, benjamin hall joins us from london with those developments. hi, benjamin. >> hi, eric. look, this was a demonstration aimed at unity between the kurds and the turks, but any hope of such unity has been dashed by these explosions and the death toll continues to rise. the death and chaos chwhich ensd killed dozens of people instantaneously. the chaos was aimed at a peace rally, which sought to bring together kurdish and turkish interests, but that alliance now seems all but gone. the u.s. is backing both the kurds and the turks in the fight against isis, but at the same time, the kurds are bombing kurdish separatist in the quagmire that is middle eastern affairs. nobody has claimed responsibility, but both sides are already blaming each other, dealing yet another blow to unity and ultimately to u.s.

policy in the region. at around 10:00 a.m. local time, two suicide bombers walked into the middle of the peace rally in the turkish capital of ankhra and detonated their vests, leaving 86 dead and at least 190 wounded. eric? >> benjamin, any idea -- you said that no one's complained responsibility, but any idea who may be behind the bombing and what are the implications of that? >> well, no one claimed responsibility, you're right, but the tactics seem to suggest radical extremists, the use of suicide bombers is their motto. and to be honest, such is the murky nature of the region's politics, that it will be a while until we actually know. the peace process between the turkish government and the kurds has all but collapsed in recent months, leaving the country in turmoil. and turkey is now very close to waging all-out war against the kurds. and this is going to have a real effect on the u.s.' ability to counter isis, assad, and russia in neighboring syria. eric? >> benjamin, thank you.

so tragic, obviously. we're going to talk weather now. another round of rain is in the forecast for an already soaked south carolina. the state's national guard running sweeps in flooded areas, efforts. the big concern now is the flood waters moving east towards the coast. william nigeness is live. >> this happens as this large plume of water moves downstream from the head waters where the rivers empty, in this case, the ocean. the river will usually crest downstream, several days after the largest downpour. now, the good news is, in a press conference today, governor nikki haley said all but one river has already crested. so even though the state is expecting 1 to 2 inches more rain today, she says the worst is over, yet the cleanup and damage repairs have just begun.

>> there are 35 d.o.t. assessment teams right now in 23 counties. so they are checking near roads, they are checking near bridges, they are making sure that everything is safe. there are 336 closures of which 105 are bridge closures. >> 19 dead, thousands evacuated, as floodwaters got up to 25 feet high. rivers could remain above flood stage for up to another week. deputies want people and looky-loos to stay out of the heavily damaged neighborhoods. 20 dams already failed. 129 more are being monitored. emergency crews from eight states continue to go up and down the rivers, looking for victims who need evacuation. >> the elderly still will not leave. there's still elderly people in houses over black river, completely surrounded by water that will not leave, because they're scared to leave their homes because of looting and things that people are doing. >> about 30,000 have applied for

government aid. governor hailey says the good news is, no damage to the oil or natural gas pipelines. freshwater supply is fine. airports and most of the railways remain operational. roads and bridges are something else. arthel, in terms of a 65-mile stretch of i-95, that is closed, lots of detours, but the weather, good, dry weather, that is, begins tomorrow. >> good, dry weather. good leadership from nikki haley and let's hope for the best for those folks in south carolina. william la juness, thanks a lot. everyone's asking this weekend, will he jump in? congressman paul ryan taking this time to decide whether he will take up the call to run for congressman john boehner's vacant seat. but facing mounting pressure from many of his house colleagues who are scrambling to find a replacement after since that bombshell from kevin mccarthy about his decision not to go for the top spot later

this week. but ryan has expressed concerns about the demands of traveling because he does have a young family back home in wisconsin. so will he say yes? kristen fisher is live in washington with the latest developments on this developing story. hi, kristen. >> hi, eric. congressman paul ryan has said repeatedly he has does not want to run for speaker. but now several members of congress have told fox news that privately, ryan may be reconsidering. the reasons why he doesn't want the job are long. he calls it a job for empty nesters and he has three young children at home in wisconsin. as speaker, he would also have the unenviable task of trying to unite more moderate republicans is and the freedom caucus. but republicans in congress believe, if anyone can do it, it's paul ryan. he's now facing enormous pressure to run, even from potential, current, and former candidates, for the same job. >> if paul ryan gets in the race, i'm a huge fan of paul ryan, i would support paul ryan. i would hope that he would do it. >> he has the respect of all of

us, even the ones who won't vote for him. he's a reasonable person and it's that rational thinking that is going to cause him to be a candidate that if he will run, can help bring us together. >> if he decides to do it, he would be an amazing speaker. but he's got to decide on his own. >> a spokesman for the house ways and means committee said yesterday, quote, chairman ryan appreciates the support he's getting from his colleagues, but is still not running for speaker. ryan's former running mate, mitt romney, and the retiring speaker, john boehner, are reportedly both lobbying him to take the job. until then, speaker boehner has said that he will stay on board until his successor is chosen. eric? >> well, it is a big, and at the end, personal decision for him. so we'll see. kristen, thank you. arthel? >> and eric, we'll talk more on this now with our next guest. he has described this week's developments on capitol hill as, quote, uncertainty on top of uncertainty. let's turn now to pennsylvania congressman, ryan costello. he's a member of the house transportation infrastructure

committee. congressman, good to see you. >> great to be with you. >> absolutely so much to talk about. but listen here. i want to start here. if paul ryan has his eyes set on his own big-picture political future, what are the benefits and disadvantages of becoming speaker of the house? >> well, the real issue here, it's one of math. you need 218 votes to be speaker -- >> no, no, congressman, we understand the math. i need you to hear my question, pardon me, but i want you to just hear me, though. i'm asking you, before we get into the point you've came to tell me, big picture, paul ryan's big picture, his own political future, what are the benefits and disadvantages of him becoming speaker of the house? >> well, disadvantages, i think, we're going to have a debt ceiling vote, a continuing resolution, we need to find a long-term transportation bill. that's going to require bipartisan consensus. one of the challenges that we've had in our conference is the need to work across the aisle to get things done, and that

sometimes is to the consternation of our more conservative members. the benefits would be, if he's able to do so in an effective fashion and bring our conference together, i think long-term, it would be to his political benefit. but i think paul ryan, knowing him a little bit, cares about this country and loves this country. and whether or not he does this, he's going to do what i think is right for his family and right for the country. >> absolutely. so do you -- how do you think paul ryan could bridge the divide that you mentioned between the ultraconservatives in the freedom caucus and the more moderate republicans. and could he change the image of a splintered republican party? >> well, i would like to think that he could change the image. i think the real question is going to be whether he can be embraced by everyone as the responsible standard-bearer that he is. i mean, he's a policy maker, he's proven he can get very intractable problems and tough issues to the finish line from a policy making perspective.

and i think he'd bring that approach to the speaker's office, if he were to choose to run. >> and you know, with practically everyone at this point in the gop party pleading with ryan to become the new speaker, what should paul ryan demand in return, since he has leverage? >> oh, i think that he would -- i think if he were to do it, we should be unified. i mean, we should be unified as a conference, period. that's where i was getting to the math. i mean, we can't have 40 or 50 people say no to everyone. we need to be unified and move this country forward. and like i said, i think he's best equipped to do that if he chooses to run. i would say, while most are urging him to run, we're, as members of congress, i'm receiving phone calls from folks that are still considering running for speaker. so there's 5 or 10 people out there who are contemplating a run while paul considers this weekend whether he may do so. >> and his own personal jury is still out on that, but if the freedom caucus doesn't endorse ryan, should it be paul ryan,

who gets the nomination there, should he decide to run and apply for the job, if he will, what's the risk for those 40 hardline conservatives that you just mentioned? if they keep saying no? >> well, we're going to need to elect a new speaker on the house floor with 218 votes. there's 247 republicans. the ideal scenario is, you work toward a vote that has 218 republicans voting for the speaker. we're the majority party. our constituents set up there. and i'm optimistic that that will happen. but you can't say no to everyone. >> because then it could possibly backfire on those 40 members of the so-called freedom caucus, right? >> yes. >> and, well, then i appreciate that. we're going to leave it there. and some times when you're doing this via satellite, it's kind of hard the to get it all together. i appreciate you bearing with me at the top of this interview, congressman costello. thank you so much. >> thank you. >> of course. good to see you again.

and for more on the race for house speaker and the looming decision by congressman paul ryan, be sure to tune in tomorrow, "sunday morning futures with maria bartiromo." she will be joined by new york congressman peter king and california congresswoman, mimi walters. that is tomorrow at 10:00 a.m. eastern right here on the fox news channel. don't want to miss that one. and we have a fox news alert. no jail time for bowe bergdahl. that's the recommendation from the colonel who oversaw that hearing about bergdahl. he, according to defense sources, is recommending that the case go to civilian court. that could potentially then mean that bergdahl would get a bad conduct discharge and perhaps a short jail term, although the head of that article 32 section is saying that jail time would not be appropriate in this case. as you know, bergdahl caused quite a controversy, being accused of treason, of being a deserter, for walking off his post in afghanistan, in 2009,

and he was kprcaptured by the taliban. the defense says he's suffered enough. he was beaten wile incarcerated and a taliban prisoner. but right now the recommendation from the army colonel overseeing that hearing is that he be spared jail time. we'll bring you more details as soon as we get them. north korea showing off its military might in celebration of their leaders. hear what north supreme's leader had to say to the u.s. and options are shrinking for the u.s. and the obama administration for a solution to the syrian crisis. retired general bob scales is here on just why he thinks vladimir putin has prevailed these past weeks. >> putin has now communicated how weak we were on crimea and how weak we were on ukraine. he now has forces in syria. the fact that we were shocked. i mean, this is like the scene from casa blanca, where the guy says he was shocked to discover gambling.

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north korea flexing its military muscle while issuing a warning to the u.s.

tanks, armored vehicles, and planes, all part of a lavish military parade in pyongyang. the celebration marking the 70th anniversary of north korea's ruling party, the workers' party of korea. north korea's supreme leader referencing america in a speech. kim jong-un saying his country's army was ready to respond to, quote, any kind of war against the u.s. analysts say today's elaborate event was meant to bolster the leader's image. meanwhile, the obama administration has been struggling with the syrian civil war and the overwhelming human catastrophe as that tragically continues. all as russia digs in even deeper, defending bashar al assad. syrian government troops were told of engaging rebels in some ferocious fighting, seizing control of a village in the central part of the country, aided by those continuie ininei russian air strikes. russia, as as you know, claims it's aiming at the radical

terrorists of isis. but russian leaders say that's not true, as vladimir putin's forces target assad. now, the pentagon dropping plans to beef up that rebel force, you know, blowing $500 million in the plan that only trained a handful. what do we do next? major scales joins us now. always good to see you. >> hi, eric. >> what do we do? >> there's not much we can do now? vladimir putin has played a very weak military hand brilliantly, and he's sort of outmaneuvered the administration at every turn, as it regards the syrian civil war. clearly our assistant trained mission is working. weapons we give the free syrian army is being turned over to is isis. america's only play at this late stage is to pull out, let vladimir putin have us on

quagmire and focus on attacking isis in the east. specifically, hopefully being able to reinforce the kurds. but as far as the western fight is over, it's game over. >> in the president's interview with steve kroft, he said, it's putin loose, that he'll get caught in a quagmire like afghanistan. >> well, there may be some truth to that. remember, if we look at history, eric, the russian people support wars in the near abroad, as they call it. they fully support the taking of the crimea, the fight in georgia and ukraine. but if you look back, you'll see they haven't done well. finland in 1940. we all know about afghanistan in the '80s that led to the fall of the union. i think in this case, at least the administration is right in leaving putin alone to climb into its own briar patch.

>> is it possible to establish a no-fly zone or is it too late? because the russian war planes are up there? >> no, i think it's too late. as soon as the russian intercepter aircraft occupied northern syria and spread their overflights into turkey, the message was very clear. this is our space -- air space, not yours, americans butt out. we'll let you know when you can fly in our territory. and this administration is certainly unlikely to threaten the russians iair, which may lead to a greater conflict. i think it's game over in the west. >> we could have taken out assad's helicopters like two weeks ago, so he would stop barrel bombing his own people, but we can't do that now bec nou the russians have moved in. how about humanitarian corridors? is that possible? or is it up to putin? >> it's up to putin, this is putin's call. obviously, the united states can help our european allies in easing the plight of the refugees coming from syria. but the sad thing is, eric, is

that this new russian involvement, which by putin's standards is huge, is only going to exacerbate the plight of the syrian refugees and make that situation worse, not better. and oh, by the way, by defeating or by attacking the free syrian army, he's opening up corridors for isis then to move into assad's territory. the scenario couldn't be worse. >> it's echoes of the holocaust, and reminders today that isis is being strengthened, they say. finally, before i let you go, a few moments ago, a news alert on bowe bergdahl, that the army lieutenant colonel in charge of that hearing is recommending no jail time for bergdahl, who walked off his base. your view. do you think that's appropriate? >> this is pretty mature, erik. an article 32 investigation is like a grand jury. the judge in this case, the general court-martial convening authority, a four-star, can either accept or reject the article ii findings. and either refer bergdahl to a court-martial or not.

no, it's too soon to interpret what happened with the article 32 today. we need to wait and hear what the gcm authority says. but it's entirely likely that he could throw out the article 32 and go ahead with the court-martial court-martial. it's up to the commander to make that decision. >> and when do you think that will happen? >> it will be soon. it will be soon. probably a week or two. usually, a gcm authority is very quick to take the article ii findings and make a judgment. i would say all within two or three weeks. >> zpooinand finally, quickly, think his defense, he walked off the base not to desert or commit treason, but to go walk eight hours to another base to complain to a general about what was going on in his unit. did that hold any water? >> eric, eric, the optics on this are just awful. and those of us who are veterans and fought in wars in the past are watching this very closely and we're very, very skeptical about this process. a deserter is a deserter and a

soldier who somehow or other engages himself with the enemy probably doesn't deserve to walk, but i'm not on the jury and i haven't read the article 32 investigation. let's all wait and see. >> we'll see what happens with that. general bob scales, always good to see you. thank you. >> arthel? okay. well, hillary clinton down in the polls. what does she have to do at the first democratic debate this tuesday? plus, a new warning for beachgoers after the shark attack leaves a surfer fighting for his life. >> just holding his hand and trying to keep him to focus on me and he kept rolling his eyes back and just looked like he was going, you know? he lost his leg, you know? looks like some folks have had it with their airline credit card miles. sometimes those seats cost a ridiculous number of miles... or there's a fee to use them. i know. it's so frustrating. they'd be a lot happier with the capital one venture card. and you would, too!

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time for a look at some headlines at this hour. a warning for beachgoers at one hawaii beach.

stay out of the water after a shark attacked a surfer. a 25-year-old man was badly bitten while surfing at oahu's north shore area. a two-mile stretch of the beach is now closed until further notice. major layoffs are expected at twitter. the report suggests they could come as soon as next week. the company's new ceo also reportedly plans to cut costs by scrapping plans to expand san francisco headquarters. and today is 20th anniversary of the million-man march in washington, d.c. thousands of african-americans marking the moment with a gathering on the national mall. in 1995 s, hundreds of thousand of people marched to d.c., seeking change for their community. and a new reuters poll showing hillary clinton with a double digit drop in support. that just days away from the first democratic debate. take a look at the numbers. mrs. clinton's support shrinking by 10% over the course of just

five days. and it seems her loss is her competitor's gain. competitor bernie sanders seeing a spike in his numbers and so, too, is vice president joe biden, even though he's yet to join the races and we're told he continues to consider whether he's going to run. joining us now is alex paups. you drop a few points, that seems to be normal. but ten points, that was 20% of her support. can you pinpoint a reason why this happened? >> not a good headline heading this vegas debate. we're not talking about her vision for the country. over the last weeks, last few months, we've been talking about e-mails, talking about benghazi. she's got the benghazi hearing coming up, and then, of course, with bernie sanders, bernie sanders has the energy in the party, where the crowds are coming and joe biden, he's been getting a lot of sympathetic coverage, coverage that will stop, obviously, if he gets in the race, but, very good

coverage, and i think, you know, we've seen biden go up. we've seen sanders go up, and she's going down. the clue is, this debate is going to be a pretty big deal for her. >> before we talk about the debate, let me go back to the reuters poll. she's way ahead in all these national polls. at the least, 27%. pew has her up 1%. what's it like, one poll comes out that shows a drop, versus the fact she's still ahead by 21 points in the national polls? >> of course, polls change. and you never know, one poll doesn't always mean exactly what's happening in the race, but i think there's this sense among democratic voters that hillary clinton is not as inevitable -- she's not going to be the inevitable nominee that they once thought she was. there is a good chance that joe biden is going to get in this race. bernie sanders is doing very well. he's leading in new hampshire. he's leading in some polls in iowa. and i think the polls are reflecting that. >> what does she have to do in the debate, coming up this week. obviously, she's got a big week. two weeks. the debates and then the

benghazi hearing. she can actually fight back in those. >> you're right. number one, she's got to fight back. that's for sure. what i think, actually, she really needs to avoid first thing in this debate is not have a jeb bush moment. if you remember in that first debate, jeb bush was there. he was almost kind of forgotten. didn't have any big moments. the story coming out of those debates is that other people did well. we were talking about donald trump and carly fiorina. she needs to show that she's in command. i think that the story out of these debates is that bernie sanders did very well. or that martin o'malley, who's not polling well, but if martin o'malley has a good night, that will bring in someone like joe biden and he'll look and say, maybe i should get in this thing. >> is it going to hurt joe biden he's not going to be there on the stage? >> it's a good question. if you think he was really serious about getting in, he would be here for this debate. on the other hand, i think it shows he really wants to see what happens here, and maybe kind of wants to get drafted in. if hillary clinton really doesn't do well in this debate, or maybe these benghazi hearings

don't go so well for her, that he'll have to do what people are pleading for him to do and get in this race. >> and the benghazi hearings, which are a week after next, are obviously a chance for her critics to really grill her about a chance for her to defend herself. what does she have to avoid? another what difference does it make type quote? what's her aim? >> that sort of. of course, kevin mccarthy, the house majority leader, which we've been talking about for a while, are really giving her supporters a good talking point when she came out askand sugges this was politicized. now that's what her people will respond the whole time. saying, fine, i'm going andn and doing this because i'm being called, but we all know this is about politics. i think if there's anything big that would come out of this, that would be their first response. >> and finally, when you watch the debate, what should we look for? the pundits will come out and say, look at sanders, and o'malley was better than we all thought. there's like this weird thing going on sometimes. >> yeah, i'm kind of interested

to see martin o'malley. this is the former democratic governor of maryland. you would think that he's been doing a little bit better in the polls. he's young and has the generational argument. he's been going for the left. he's been trying to say he's more progressive than hillary clinton, but he really hasn't caught on. this has been the first time for people to know who martin o'malley is, and if he does well enough, maybe he'll get those headlines and can shoot up there. >> i'm not saying that's going to happen, but that could be the spin. martin o'malley, we didn't know he could speak so well. i can't wait for the debate. take care. arthel? so it cost the global economy nearly half a trillion dollars every year, we're talking about cyberattacks carried out by highly organized crime rings. and now fox news is getting an exclusive look at the so-called dark web that enables the criminals behind these attacks to operate without detection. brian llenas is brave in our new york city newsroom with the

story. this sounds ominous. >> it is, arthel. fake passports, drugs, credit card numbers are all for sale on the so-called dark weapon. but so, so too are the tools and people needed to launch cyberattacks. according to not united nations, nearly 80% of all cyberattacks come from highly organized gangs and their doing it from t dark web. >> you can get passports and i.d. cards. >> reporter: he's one of 6,500 researchers that make up ibm's x force, a group operating deep jrnd cover inside anonymous dark web forums and discussion boards, where cyberattacks are born. >> my purpose is discover what they're talking about, who they're planning to attack, how they're planning to do it. >> reporter: the anonymity of the dark web allows these hackers to sell malware viruses and strategize about how to hack

into a luxury car or bank accounts. >> that's not what happens. someone finds out about the attack and that information is held in a private security company. maybe it's shared with their customers. it's not shared with local bases. >> reporter: that's why the company launched this online database, x force exchange, which keeps track of the 15 to 20 billion attacks a day against their customers. one cyberexpert says data sharing is not without risk. >> the good thing about information sharing is that everybody can learn from everyone else's mistakes, the bad thing about it is that sometimes an attacker can also know when they've been detected and when they have not been detected. >> allowing the criminal to alter their attack. a reminder that in cyberwarfare, we are all equally vulnerable. >> something that's affecting small clinics in germany today may affect a very large bank in missouri tomorrow. >> arthel, simply put, ibm believes the bad guys are better

organized and corporations need to work together to better defend everyone. arthel? >> definitely. bryan llenas, thanks for that. very interesting story. thanks, bryan. we have some sad news to report to you now. the secret service agent credited the saving president ronald reagan's life the day he was shot outside that washington hotel has died. who could ever forget this moment? >> get down! get down! >> turns out that jerry parr was the agent who pushed president reagan inside that limousine after john hinckley jr. fired those shots. the limousine initially headed to the white house, but after the president complained of some chest pains and parr noticed some blood on the president's mouth, he immediately ordered the motorcade to go straight to george washington hospital. it turns out that mr. reagan

was, as we know, hit in the chest and bleeding internally severely. doctors said later any delay would have cost the president his life. jerry parr retired four years after this. he died yesterday of congestive heart failure. he was 85 years old. in a statement, former first lady nancy reagan called parr, quote, one of my true heroes. we thank and salute jerry parr, and of course, all the agents who have followed. three people charged in the death of a college student while in police custody. and the incident is all caught on camera. so was the force justified? our legal panel debates. plus, decades after fighting to save freedom in world war ii, these aircraft are taking flight once again over the nation's capital. we'll tell you why.

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gripping testimony this week during the trial of three people charged in the death of a nigerian college student in police custody. matthew ajibade was found dead in his cell after this dramatic scuffle we're looking at with deputies. now, the jury now viewing images from cameras attached to the tasers used to subdue ajibade. now, nine deputies were fired and now two deputies and a nurse are on trial for involuntary manslaughter. i am joined now by bob viate, a

former defense attorney, and misty maris, a trial attorney. good to see you both. mr. ajibade was 21 years old. so misty, i'll start with you. is this taser video a game changer? and whose argument does it support? >> here, i think we have a support for the defense, arthel. and that's because you can see that mr. ajibade was reaching for the taser. he was fighting with the officers. the whole question comes down to, was this force reasonable? and in this case, when you have somebody going after the deputies, it might be considered reasonable under these circumstances. now, let's remember that one of the defendants, the primary defendant, is actually scrutinized because he tasered him when he was actually already confined. that's really the subject of this upcoming trial. but this tends to show that the scuffle was partially mr. ajibade's doing. >> how do you see it, bob? >> well, listen, misty brings up

some good points, but i don't see it as a former county prosecutor. i think there's more than just the conduct of excessive force. once they have subdued him and he is compliant, the additional kick -- he received a brutal blow to the face and tasering, it was inappropriate. but this case extends beyond that. it's about the lack of medical treatment that he did not receive afterwards and their failure by violating jail policies and checking in on him after such an assault, and that kind of negligence, if it goes to the level of recklessness, which is a legal conscious disregard for the value of human life, because they violated those policies, is another thing where they could be found guilty of manslaughter. >> and even after this, as we're looking at, i believe that the mr. ajibade sat in his cell for like an hour and a half with no one coming to check on him. >> right. what's interesting, though, is that the defense is saying, hey, there was compliance with the policies, at least by the nurse, who was only required to come every two hours. now the prosecution is saying something different. they're saying every 15 minutes. it's going to come down to the

testimony as it unfolds, what the obligation really was. and bob brings up an excellent point. negligence, that's one standard. that means, what would a reasonable person have done? recklessness, supposed to be criminally liable. recklessness is a total disregard for the safety and well-being of this person. >> so bob, depending on the outcome of this trial, how significant might this be for the overall prison system when it comes to physical force used with people in custody? >> arthel, that's a great question. the criminal -- the jail system is the underbelly of the criminal justice system. people are wards of the state when they go in there. there have been too many cases like sandra bland and now this case and others i have personally investigated where due to malfeasance or outright purposeful conduct, these people who are vulnerable. we're telling them, you keep

sending them to the hospital because you're not given the proper medication. a man who committed a minor offense and lived an otherwise perfect career. and there are a lot of these people who are stuck in jail because they can't make a $250 bail and they're presumed innocent. and that jail is not taking care of those prisoners and they're dying. someone needs to do something. when you look at this particular case in this video, it was overexcessive. he was offering passive resistance. that doesn't give them the right -- that shot to the face, knocking him down, tasering -- >> -- people against him? >> look, you should have the right to protect your safety, but at the time he was taken down, was he really a threat to anybody? >> but i think what is interesting, though, is that the actual criminal charges against kenny, who is the one who used the taser while he was in confinement, he's not being charged with that blow to the head. that's not part of the case against him. we have to assess whether or not the tasering was actually a cause of his death. which is an issue in this

particular case, because defense attorneys -- >> what if it's not -- what if we -- i can't even watch this. take it off, guys, i can't handle it. what if they determine -- misty, if they determined the taser was not the cause of his death, then what? >> it has to be at least a contributing factor or somehow linked to the death. that's the issue why the prosecution might have a difficult case. it's going to come down to medical testimony. what does the autopsy report say? and that will be what this case will hinge on, ultimately. >> this is a no-brainer for a jury in my mind. misty makes great points. but it's not just the taser. it's the combination of the force that was being used, the taser, and the lack of medical care and he died in their custody as a result of the use of force and that's where it's reckless in the idea that it was an extremely different set of values. look, wn, and in the use of force continuum, when we would train as prosecutors, these actions have the ability to cause somebody to die. and they need to make sure after they employ those forces, whether they're right or wrong,

that they're making sure that this person is okay. >> and i do think bob brings up a great point. let's look into the prison system and make sure everybody's trained to know exactly when and how to use force. and when to use the taser. and revamp that way. because we can't keep having these tragedies occur. it's really very sad. >> and i agree with that. and i'll tell you what, i personally have been involved in situations where i've tried to get courts, i'm dealing one with right now. i've tried to contact the commissioner of departments and say, we have a person with a severe medical injury who's never been in trouble before and the jail cannot take care of him medically, and he's been sent to the emergency room two times, almost having died, and gets brought back there. he gets denied parole because people -- all sorts of things start to cascade. there seems to be very little control we have once we go in there. we need to treat our vulnerable populations better. >> and you as a defense attorney? >> they look at you as a defense attorney when you go in there. look, i know many of your viewers may this. if you're in jail, they deserve

it. and even if they're guilty, they have the right to proper and acceptable medical care. >> there's no question about that. that's why, let's look into the vm and revamp and make sure everyone's getting the care they need and deserve. >> thank you both very much. >> all right, arthel. believe it or not, south carolina bracing for even more missry from bob. , south carolina bracing for even more misery from mother nature. more rain could be head. and 70 years after defending the world against tyranny, the vintage warplanes are back in the air flying over our nation's capital. why this moment is so special for those who risks their lives for our very freedom.

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vintage aircraft built and flown by our greatest generation flying over the nation's capital to honor our veterans. >> reporter: they will take off and head over the most restricted airspace in the world. this is only the third time a formation has flown over d.c.'s airspace since 9/11. >> it is a huge honor to be able

to do this. it is symbolic not only because of the attacks on the pentagon and 9/11, but to look at the center of the free world. so to be able to fly, recognizing disabled veterans over those kind of symbols, icons, is what's so important. >> reporter: larry kelly piloted a bomber. the honor flight formation provided a spectacular view for those on the ground and for the lucky view passengers on board the plane, incident was the opportunity of a lifetime. the roughly one-hour mission left culpepper, headed toward the pentagon, continued over the potomac, flying right by the national mall. how was it? >> great. fantastic. more than what i expected. >> reporter: purple heart recipient ron hope worked for disabled vet is answer since his helicopter was shot down during the vietnam war. >> first thing you say is welcome home. and second, this is the

beginning of a new life. >> reporter: still a pilot himself, ron was granted a rare opportunity. >> after we broke off the flight, i let ron climb in the seat. he flew from leesburg back to culpepper. >> reporter: an amazing feat in such tight quarters. this plane was built in another era. >> i could not imagine doing this for 15 hours a day in world war ii with people shooting at you. i don't know how they did it. >> reporter: building better lives for those returning home disabled. >> this is an excellent way to educate the american public as to who pays the price or our freedoms every day. >> so fitting. >> that will do it for us. julie bandares coming up next.

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this easy-to-understand guide will answer some of your questions and help you find the aarp medicare supplement plan that's right for you. an army officer recommending no jail time for sergeant bergdahl. instead, the officer says he should face a lower level court-martial that could possibly allow him to walk free. bergdahl was charged with desertion and miss behavior before the enemy. he was captured by the taliban after leaving his post on june 30th, 2009 and returned to the u.s. last year following a controversial prisoner swap. meanwhile, there are new concerns