he is coming up next. is he going to be talking about the problems in charlotte and that whole issue of race and the police. that's coming up next. that's it for us. be back here tomorrow. good night. ♪ ♪ >> "the o'reilly factor" is on. tonight. [screams] >> my violence and lawlessness in charlotte. tonight, we will take you there live. we have analysis in the talking points memo. >> in my mind and in most of the community's minds, it really doesn't matter if he had a gun. >> that minister talking about the man shot in charlotte. but if he did have a gun, it certainly does matter. does it not? >> crime and violence is an attack on the poor and will never be accepted in a trump administration. never ever. >> also ahead, donald trump reacting to charlotte. and we have some new polling right before the big debate.

caution, you are about to enter the no spin zone. from california. the factor begins right now. ♪ ♪ >> hi, i'm bill o'reilly. reporting tonight from los angeles. thank you for watching us. so here's what we're going to do this evening. because we are out here on the west coast and things are happening quickly in north carolina. we're going to go live to brit baier for on-the-scene coverage this evening of the racial controversy in charlotte. then i will reappear and have some excellent coverage of the presidential campaign and of the upcoming debate. but, first, the talking points memo. unacceptable behavior. for the past two nights protests over a police shooting in charlotte have spiraled into chaos. looting and violence have broken out resulting in scores of arrests. at least five police officers injured and nine civilians hurt as well. one in critical condition. the controversy began on tuesday after police killed

43-year-old keith scott, shooting him to death after he allegedly brandished a handgun. the police chief of charlotte kerr putney has been adamant who mr. scott who had previous run-ins with the law was armed. today the chief backed off a bit. >> i was very clear when i talked about this before is the video does not give me absolute definitive visual evidence that -- that would confirm that a person is pointing a gun. i did not see that in the videos that i reviewed. >> but chief putney mr. scott did have a gun. reaction from the black community came quickly. >> in my mind, and in most of the community's mind, it really doesn't matter if he had a gun. at the end of the day we have the right under the second amendment to carry here in north carolina. and their responsibility was

to engage him in a more deescalated way. >> minister mac is correct on one point and i don't think on another. it certainly does matter if the dead man was carrying a gun. but she is correct when she says that police do have an obligation to deescalate confrontations if they can. but what every response cybil american should agree with is, you cannot break the law by looting, setting things on fire. harming people, under any circumstances. fair minded people know you let the investigation play out. you gather facts. in the ferguson case, for example, once the facts were known, the myth that michael brown had his hands up and was not causing trouble was dispelled. now, i am fully aware that some african-americans don't trust the police or the investigative process in general. and some have good reasons

not to trust. but that does not give you license to go on a rampage. just today in tulsa, oklahoma, the police officer who shot an unarmed black man last week was charged with murder herself. she will now stand trial. that is our system. if you reject the system, and begin to commit crimes in the name of protests, you should be punished. not to mention that it hurt your own cause because mob violence will always override any kind of singular injustice. both presidential candidates reacted, not only to charlotte, but also to the killing in oklahoma. >> there is still much we don't know about what happened in both incidents. but we do know that we have two more names to add to a list of african-americans killed by police officers in

these encounters. it's unbearable and it needs to become intolerable. >> the people who will suffer the most as a result of these riots are law abiding african-american residents who live in these communities where the crime is so rampant. there is no compassion in tolerating lawless conduct. >> quite a contrast between secretary clinton and mr. trump. summing up, violence in charlotte is deplorable. sincere protests admirable. looting and hurting other people unacceptable, completely. and that's the memo. now for continuing coverage of the situation. we go live to my colleague bret baier in washington. bret, take it away. >> thanks, bill. we will head back to you in california in just a few minutes. police have not released any video of the shooting to the public in north carolina.

but, fox news has confirmed that just a short time ago the family of keith scott reviewed two police videos from a dash cam and a body cam. the family just moments ago released a statement saying that while police did give mr. scott several commands, he did not aggressively approach them or raise his hands at police at any time. again, from the family's statement. they say it's impossible to tell what he was holding in his hands, if anything. the family states in this release that after watching the videos they have more questions than answers. we have also just learned moments ago that the victim who bill mentioned in his talking points was in critical condition has now died. joining us live from charlotte, fox news correspondent steve harrigan and from miami, defense attorney an dell brun, steve, first to you what are you hearing about this tape and the family's reaction? >> bret, from the family's reaction through their

attorneys they are saying they can't really comment one way or the other on what this video reveals. it's conclusive in their view. that's from the attorneys. we can give you a sense of the mood here right now. this is the spot where that protester was shot to death last night. not clear by whom. a crowd of about 300 people gathered and seems to be growing steadily. the street still open for business here. major protests haven't started. one new thing we are seeing on the press is the presence of the national guard. in camouflage with helmets, armored humvees and revivals over their shoulder. a sign of the promised force from authorities here. the presence of the national guard on the streets of downtown charlotte, bret? >> you know, the governor was out today alongside the mayor there and other officials. they said and forecasted that this was going to be a big show of force here. is there a sense that it's a lot different than last night and that perhaps, the crowds are a little smaller? >> the crowds are smaller now. but it's hard to predict whether that will change or not. they certainly are promising

more force. more numbers due to the state of emergency. the national guard as well as the state highway patrol. it was clear that the police were outmanned last night. it took them four hours here to clear just about four blocks. and there were motorists really being attacked on part of the highway that circles the city. the police chief himself admitting they simply didn't have the numbers to deal with it we could see a much stronger show of force early in the night tonight. keep in mind the violence kicked off last night just before 9:00 p.m. here. the crowd still gathering, brit. >> steve, stand by if you will. an dell i want to go to you and your reaction to what's happening in north carolina. it seems like north carolina is a different story than in tulsa where this police officer has now been charged with felony manslaughter. >> yeah. we have two different cases, obviously, and in tulsa, the difference that we have seen in many cases is that there was a video that people can look at and evaluate and the

authorities and the community could come to a decision. here, in charlotte, we have a community that is frustrated and angry and distrustful of the police and the process. however, it is never a solution to riot, to act violently and to attack people. but it is, whoever, a symptom of when people think that the process is not their there to protect and serve them but the system is only protecting and serving itself. >> earlier tonight we are looking at video from some of these riots and protests over the past couple of days. earlier tonight donald trump was talking about this. and he said to our colleague lou dobbs that he extends his hand to every mayor who wants to make his city safer. to do this you have to work with the police not against the police. he suggested those pedaling narratives of cops as a racist force is a narrative

that is supported by his opponent, hillary clinton. obviously the clinton campaign pushes back hard against that but your thoughts about this and this what trump calls a narrative that all police forces are somehow after black men and women on the streets? >> i don't know where trump is getting that narrative from. i certainly, and many other like-minded individuals have not put forth that narrative. police are individuals. they're human beings. some are good. some are bad. however, when we don't have transparency and accountability, the community can't tell the difference. when you have african-americans who are going through the criminal justice system at a rate higher than other people there. they are encountering police officers more than other people, obviously they are going to be more concerned in that community. many people feel as if african-americans don't get the same consideration and the value to their life and their safety that other people get.

it's not that all officers are bad. it's that some are bad and when we don't have transparency and accountability we can't tell the difference. we have seen cases where the police report said one thing like walter scott or mcquan mcdonald but the camera shows us another thing. we need more transparency. that's what the community is looking for and that's what they deserve. >> of course, we have seen cases the other way as well. gentlemen, thank you both very much. steve will head back for breaking news. up next, we will take you back to charlotte for an update on the situation there with mike tobin who is looking at a situation from a different vantage point as "the o'reilly factor" continues. i had a wonderful time tonight. me too! call me tomorrow? i'm gonna send a vague text in a couple of days, that leaves you confused about my level of interest. i'll wait a full two days before responding. perfect! we're never gonna see each other again, will we? no-no. wouldn't it be great if everyone said what they meant?

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plus the 12 hour strength of aleve. for pain relief that can last into the morning. ♪ look up at a new day... hey guys! now i'm back. aleve pm for a better am. remember. continuing now with our lead story. the situation in charlotte, after two nights of violent protests over a police shooting of a black man. again, the breaking news. the man shot in the head during last night's protest,

according to police has died. right now, the streets are teeming with police and national guards man. an effort to keep the peace. let's go to fox news correspondent mike tobin live from charlotte. also from charlotte, speaker of the north carolina house speaker tim moore and from our studios in new york city civil rights attorney eric guster. let's begin with mike. mike, your sense on the streets right now? [chanting black lives matter] >> a chant we were hearing moments ago release the video. re relevant to the fact that the family just saw the video. people out here want to put pressure on the police chief to release it he says, of course, he doesn't want to do that. he doesn't want to set the precedent and he doesn't want -- investigation. the crowd is about 100 people strong. police presence right here i would say is fairly light. we saw some pik with the heavy riot gear on. trying to keep themselves scarce for the moment. have you got to be aware that the police are very

aware of what is happening out here. justin carr was the individual shot during the demonstrations last night. we got confirmation today that he died. there are two different versions of how he was shot. the police version is that he was shot by another civilian out here on the street. what the demonstrators believe here is that he was shot in the head with a rubber bullet, shot by the police. so, therefore, they are not dissuaded from what they're doing because they believe it shows just what they are up against. the people out here are very passionate. they believe that there should be a very intelligent man i spoke with said he leaves that it's understandable that cops get edgy and nervous working the streets. but they should be held to another standard. their training should be more significant and you wouldn't have situations like that. so the familiar refrain right now no justice no peace. no racist, no peace. we heard that a hundred times. the people about 100 strong. marching not a large presence of police. bret? >> mike tobin i'm sure you

can hear that well with that bull horn at your ear. north carolina speaker of the house tim moore. you know, mr. speaker, there are people in north carolina who say that the g.o.p. there in the state has this law that's making it more difficult to put out police videos. your response to that? >> good evening, bret. first off i want to join the group of folks calling for calm in charlotte this evening and talking our law enforcement for the job they're doing to protect all of us. the bill that was passed this past year was passed on a bipartisan basis. out of 120 members in the house, 88 men's voted for it. so it was strongly bipartisan. iin fact, that legislation created a mechanism where that information could obtained by the public. that law, interestingly enough, does not go into effect until october 1st. so, right now, we are dealing with a period prior to that law. and it's right now entirely up to the charlotte, mecklenburg police department whether or not they release that video. >> so the aclu a little off

base there. eric, you see this. have you seep the different incidents here. there are reports out of charlotte that a lot of the people arrested are actually from outside the state of north carolina. have you seen this? >> i have seen the report. this is nationwide type of issue that we're dealing with, bret. police brutality and police mistreatment and police misconduct, those things are things that every citizen who is african-american has dealt with and so when you have protests such as this, when you have people who have been shot and killed, such as terrence crutcher, such as keith scott, you have people who are very passionate about what they believe. in and going to charlotte, this is something -- charlotte is not a very difficult city to drive to, to fly to. so i'm not necessarily shocked that a lot of people come from out of town. it's a destination that a lot of people visit for the ncaa tournament. very well known a lot of

people who visit charlotte on a regular basis understand the tensions are there. charlotte is a good city but we have to come together and do a better job of policing. >> is there any solution that state lawmakers are talking about with the governor that potentially gets to something about community policing that gets to some of these people who feel like they are being wronged by the police forces? >> well, certainly the body camera legislation that we passed last year was a bipartisan approach to try to do exactly just that. and i find it ironic that some on the left are trying to turn that around and to an issue somehow going for confidentiality. in fact, many democrats champion that legislation in the general assembly. but, you know, in response to some of the other comments, i understand the right of folks who want to go out and they want to protest and that's appropriate. but what's not appropriate, what's not appropriate at all is the rioting that's happening. the violence. i know a gentleman has died as a result of this. there is just no sense in

it. i will contrast it with this. i represent a county. >> quickly. >> about 30 minutes away from charlotte. we had a police officer killed in the line of duty about 10 days ago. our response was a prayer vigil for that officer and for the whole community. that's what we need. not violence. >> but we don't know what happened with that shooting. we don't know if it was a rubber bullet or know if it was from a private citizen. let's not jump to conclusions with that man who died. >> yeah, eric and speaker moore, thank you both from being here. the key point we hope it doesn't get violent tonight. all of us do. we will continue our live coverage of the situation in charlotte in just a moment. tired of re-dosing antacids? try duo fusion! it's two in one heartburn relief. the antacid goes to work in seconds... and the acid reducer lasts up to 12 hours in one chewable tablet. try duo fusion. from the makers of zantac.

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>> this is a fox news alert. you are log live at charlotte there as the crowds are increasing on the ground. we are continuing our live coverage in this, the third night of protests. some of them turning violent over the past two nights. we're hoping that is not the case tonight. but the crowds are gathering. there are a lot of police, a lot of national guardsmen on the streets of charlotte tonight. we are scheduled to go back to bill o'reilly in california. but because of the developing situation we're going to stick with this for the time being. let's go back to our fox news correspondent mike tobin live on the streets with the protesters. mike, are you seeing things a lot differently than last night as far as the presence, the numbers on both sides? >> i would say that the numbers are down today. this was kind of an organic demonstration that sprung up

over social media organized largely by a woman can you see in the middle there the woman with the lighter colored hair. that is shearrill brown, she comes in from greensboro after she just moved out of the shot. organized by people from around the state. not necessarily entirely locally. but it does seem to be fairly organic the way it all sprung up. but, at the time they started marching, i ball parked their figure here at about 100 people. as far as police presence that we see. i would say it's a very light police presence and i would imagine on the part of the police that is very deliberate. if they are out here on the street in large numbers, that's going to cause friction with the demonstrators give the demonstrators somebody to conflict with as usually a technique, the police are probably somebody nearby here red toy if there is trouble. people march, in the middle of the street chanting no reason for them to get involved. thus far all we have seen is people marching, chanting, letting their opinion be known and no incident beyond

that bret. >> steve hire began on a different block, 300 people where he is. andell brown is still with us in miami. andell, if the police department decides not to put out this video, that the family saw today, what about that? >> well, i mean, it's a tough call. obviously they are in charge of the investigation. but, really we have such a high level of curiosity as to what that video shows. the family attorney is not commenting on it. the community really wants answers. luckily it seems like we're in a much better place tonight where we only have maybe 100 people and it doesn't seem to be any violence at this point in time. i don't see how the investigation is tainted by the community being able to see what's on the video. the people that are making the decisions will look at the video independent of anyone in the community. >> yeah. well, we should say the attorney did put out a statement saying that the family viewed it and they just couldn't determine whether he had a gun or not

or whether he made an aggressive move or not. and they are saying they have more questions than answers tonight. so they did see the video. back to north carolina, speaker of the house tim moore, what about you? should these videos be put out right away? >> you know, we have a process now that we have recently adopt sod that can happen. and, frankly, it's probably the best interest of law enforcement to actually release that video at some point. so i know they are trying to go through their investigation. and that's how we have to let the process work. it will be released probably sooner than later and that's probably what needs to happen. >> eric guster, civil rights attorney, do you sense that this is somehow all connected in the minds of the african-american community, that there is not this delineation between each individual incident as these investigations go forward? >> yes. because back to the --

answer your question in reference to the video, it is so important, bret, for them to release this video. walter scott was shot and killed last year. and the police officer gave a statement that was totally contrary to what we saw on video that is one of the reasons that the don't trust the police officers to give statement. the statement the police chief gave in conference today i was baflted by why did this man say we are not going to be totally transparent. we will be transparent but not totally transparent. bret, that's the problem that the african-american community and so many other poor communities have with police officers because there may be a lack of transparency. and when you have video, several video angles. chest cams, dash cams. those are things that can easily be released within hours and. >> you understand their point. they don't want to inflame things on the street. if the video is inconclusive and the investigation is

continuing, they think by releasing the video, perhaps they get more of a violent responsed in the short-term on the streets of charlotte. >> look if he response right now. >> in chicago shooting, the police chief came on and said, look, this is bad. this is horrible. but we're going to release it so we can be transparent to you. that is what people need. they need that type of leadership because leadership comes in times of turmoil. not when everything is a bed of roses and pedals. thipedal -- petals. this is bad we are going to show it to you and let the process work. when you tell somebody who doesn't believe you hey, we have a video but we are not going to show it to you, that is what concerns people. that's what makes people even more angry. >> gentlemen, stand by if you would. we will continue our live coverage of the situation in charlotte from all angles right here on fox news channel.

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>> that's what so good about our country. >> you have to wait. >> we are going to stand where the [bleep] we want to stand. >> you are looking live in charlotte. 8:33 east coast time. some arguments there on the

street in front of the police. apparently these protesters just went up to the police line. one man saying gettingmedia out. they make it seem like a war zone. they made it seem like a war zone last night when it wasn't. there is this perspective issue on covering these events. steve harrigan is joining us now from the streets of charlotte. steve, you have been in a bunch of these things, dealing with tear gas. dealing with protesters, rioters, looters. it is a perspective that is key to have. you know, how big an area are we talking here? >> a maul area. we spent much of the night last night on just four blocks. it took the police force about four or five hours to clear that. we are talking about a small area and small numbers as well. you can get the impression sometimes from pictures that the whole city is aflame. that's not the case. right now we are looking at about 100 protesters, a lot of people, bystanders with cameras. interested parties. and about 25 police

officers. these small stand-off tense confrontations are happening in different parts of the city which makes it very tough to control. so far no violence here tonight. the police have avowed a much tougher presence and more arrests. we are seeing the national guard in camouflage, helmets, and rifles with armored vehicles. we are not seeing any arrests yet. it's still a little bit early. the numbers so far not high. i would say overall 200 or 300 protesters in scattered points across the city, brit. >> weigh in on this guy's complaint that the media, by shining a light on this and putting our live cameras there and we are covering this live right now, is stirring up some of the people who show up. and they sometimes come from out of state and they are looking to make a point, a stand and then it gets violent later in the night when it just turns that way. i mean, your thoughts about that? >> i think some people play

to the camera. and when you put a camera on some people it does make thim them do things they ordinarily wouldn't do. if you see, everyone has a camera up. everyone has their iphone up. everyone is rolling on every movement on every police officer. part of the problem is posting stuff sometimes online it's false. insighting problems as well. there is guilt to go all around in the way that it's been covered. one thing that really has changed. that is people are posting directly and viewing directly without really fact checking. there is a whole new way to reach other people. some people would say less accurately and more dangerously and recklessly. we have seen posts from a woman who alleged to be the daughter of the man killed making a lot of claims that so far have not panned out to be true. it's changing things when people become the journalists and people post directly and there is not a

lot of checks and balances in place. there is not a lot of filters or editing going on. >> yeah, that's exactly right. social media has changed our entire perception of things. mike tobin, if you are still with me, you mentioned the uncertainty about the man who now has died from being shot in the head last night. and trying to figure out exactly that happened. >> yeah. well that's it. and i think there is a narrative out here on the street that they want to blame that one on the police. that's a narrative they are accepting. they believe it's a rubber bullet and that the police shot him and that ultimately rilted in his death. now the official version that we got of that is that it was civilian on civilian. we haven't gotten a lot of clarity as far as what kind of round was fired and what brought it about or whether there is a suspect that police are zeroing in on or in custody. we don't have a lot of information to that heeskt. >> two of our best on the streets covering this live situation in charlotte. stand by if you will. we will also bring in juan williams and other guests as

our continuing coverage of the situation in charlotte rolls on here on fox news channel in just a moment.

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looking live on the move here. national guardsmen out in force in charlotte. the mayor suggested this would happen. the governor mccurey said this would happen and it has happened. they have a significant presence, we're told, on the street. the protesters in this one area are about 100, maybe those numbers are increasing a bit, but so far not violent, according to our people on the ground. joining us now juan williams, co-host with the five. fox news contributor. juan, your thoughts on this as now we are on our third night here this charlotte. and we know that the family has watched this video. >> right. >> they can't come to a conclusion on what exactly it shows, as the police actually said it was not conclusive. we also know that the man who was shot in the head last night has now died. and we know in tulsa, a separate incident, a police officer has now been charged with first degree manslaughter. put this in perspective. >> we have been through now

really more than a year. if you go all the way back to trayvon martin and come through ferguson and go through new york city, the staten island incident, and you just keep going and what you have now is this is the number one political issue in black america. it is clearly encroached in terms of our political discussion at the presidential level. we have an election coming up in about 50 days. and even today you saw both candidates responding to it. but what it clearly signals. i think this is the difficulty for a lot of people, is that this issue has sort of exploded on the national scene in a way that we have not seen before. it's not about any one place at this moment. it's almost as if you would say why not riots in tulsa as opposed to charlotte. but, in fact, what we're seeing is that even as they have had the indictment of the police officer in tulsa, things are up in the air because of questions about transparency and honesty by the police in charlotte.

now, i'm struck by the idea that the candidates here, clinton and trump. clinton says we have got to do more in terms of protocol for police and community policing. >> yeah. i'm going to play a sound bite here from donald trump earlier tonight. >> okay. >> those pedaling the narrative of cops as a racist force in our society -- and this is a narrative that is supported with a nod by my opponent. >> right. >> he is saying, essentially, that there -- that hillary clinton supports this cops are racist and coming after black communities. >> well, i don't think that's fair. but i think that what is clear is that she is trying to be a voice for people who feel they have not been heard. that if you are in poor, but largely black and latino communities and claim that there has been excessive use of force by police, that for the most part, what you see is that people say no if

there is any question here, any doubt, the benefit of the doubt goes to the police. there is a thin blue line that protects most of news this society from elements of crime and chaos. >> right. so how does the trump law and order pitch work? i mean, how does this play politically in a place like north carolina that's experiencing now its third night of protests, obviously the force is out in great numbers tonight. but, as you look at the numbers in the latest poll in north carolina, when you ask registered black voters in north carolina who you are going to support, 82% say clinton. 3% say trump. 4% say gary johnson. 1% other. 2% aren't going to vote. and 9% say they just don't know. >> well, you know, to me what you are seeing here is, one, the black community, and donald trump has been trying to reach out to the black community in recent days, but what you have here is the black community almost completely behind hillary clinton and feeling, i think in response to her

mother's movement and the like, that she has become a voice for their sense of legitimate grievance that the police use excessive force and get away with it when dealing with poor, latinos, and blacks. >> isn't there is a chance, juan, that that back fires, that that back fires in places that it might not have been an issue? but the fact that she is going that far down that road, that it back fires in other places that cause her electoral problems in other states? >> well, i'm not sure about that. now, you remember, they are talking to different audiences. and, again, trump has emphasized law and order message. and at this moment i think so many people are disquieted by the sites we have seen in charlotte the last two nights. the chaos, the anarchy, the sense that people delight in the destruction of property. that's just uncomfortable for everybody. but, at the same time, brit, you can't get away from the idea of the wil legitimate complaint.

so if hillary clinton at the moment is trying to say to people that she has more capacity to bring the races together and that donald trump is more of a polarizing force, and especially, remember, she is talking to suburban, white women. some of them whom are republicans or lean right, she is trying to reassure them, you know what? it's a better bet to go with me than to go with trump. >> trump is making his case to african-american communities as well. 10 seconds here. do you think this is a big issue in the debate on monday? >> has to come up. i mean, one of the things that i think the moderator has to do when he is talking about. >> lester holt. >> lester holt is come to this idea that we are facing an issue that threatens the stability of our nation. the tension between the races. >> juan williams, as always, thank you. >> thank you, brit. >> we will continue our live coverage of the situation in charlotte as you look live. resistance is beautiful on that sign. we have got it covered from all angles here on fox. cure cancer million? far off. liver disease treatment. that by voting yes on prop 61 - costs. dollars pass. don't let that happen. it -

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and see what's possible... botox® cosmetic. it's time to take a closer look. you're looking life in charlotte, north carolina as we continue the coverage of the situation there as police presence, national guardsmen on the streets in big numbers. looking at my twitter feed, penny deplorable says it was a war zone last night, peaceful protests don't result in shooting, looting, burning things down or destroying other people's property. other people saying turn off the cameras and they'll all go home. there is a lot of coverage of this. obviously. our third night here. and watching it closely to see what happens on the ground mike tobin in one area, steve har gan in another. >> reporter: the streets are a little bare right now.

one of the demonstrators said they all decided to go back to the park. you saw that confrontation with the police who were staging in one particular area and that seemed to kind of break up the demonstration. some people were interested in confronting the police officers who were standing there, some of the demonstrators were interested in marching and they kept going. ided them up a little bit. i don't see a large mass of demonstrators at any point. they seem to kind of deposit themselves at different places on the street here in the uptown area. when i was talking to you before about the bicycle police who seem to have a soft profile if you will, that's what i was talking about, no riot gear and the standard bike cop gear. >> that's good news. steve, over to you. >> reporter: brett, we're seeing really different levels of force out here on the street. national guard in full camouflage with armed rifles, a lot of police in riot gear.

different levels of force ready for the use. they were promised a much heavier security presence after what happened last night, about four hours of back and forth with mays, with tear gas really trying to take over one street. so far the show of force seems to have calmed thing down. it's not a tense mood on the streets. not large numbers of protesters, not organized. no chanting. for now the show of force and heavy security has kept things quiet so far. >> when you see these things, steve, you know the third night when they really crack down, people start to get it, right? they stay home, they get out of the way. they listen for the most part. >> reporter: i would challenge that. i would say that people don't get it when they crack down. and that they come back for more. we saw these crowds about

anywhere from 1 to 800 last night keep coming back for more when the police fired the tear gas and the mace and the rubber bullets. i think it's when you have a presence of an overwhelmings force, national guard every few yards and a police force, that's what make people get it, when you have such a visible presence. i think that's helping so far. things could spark. they sparked last night around this time. but so far the heavy show of force has made it ridiculous to try to do something right now. >> steve, mike, thank you. we'll continue our conch from charlotte in just a moment. life's simple pleasures. now it's our turn. i'm doing the same for my family. retirement and life insurance solutions from pacific life can help you protect what you love and grow your future with confidence. pacific life. helping generations of families achieve

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looking live in charlotte, north carolina there as the protests continue. so far as we've been mentioning,

a peaceful demonstration. earlier tonight on abc president obama weighed in on an interview touching on what has happened in charlotte. >> the way we change the system requires us to be able to reach out and engage the broader american community. and that requires being peaceful, that requires being thoughtful about what are the specific reforms you're looking for. the overwhelming majority of people who have been karnd about police/community relations, doing it the right way. every once in a while you see folks doing it the wrong way. >> back with juan williams in new york. not to put this on president obama, but i've heard african-americans in different communities around the country say that they have not seen things improve under this

president. and for years. and there is a frustration that's built up there. and some of these long held political dynasties in cities run by democrats, these are african-americans talking, are not happy with how things are going. how does that factor in? >> that's very real. and you know, i would point to schools and failed schools in big cities run by democrats and oftentimes by black mayors as evidence of that. the question is where does the black vote go. i mean at the moment obama has tremendous black support, a super majority if you will. but also you stop and think about the loyalty to the democratic party. it's in place. questions -- >> i know. but they can't make the case that things are better, right? >> no. in fact -- >> these african-american communities are thriving after

eight years of obama, can they? >> over 60% of african-americans think we've made progress. the question is about the black poor, the latino poor, high unemployment rates, high incarceration rates. that is a real point of concern. and then of course that leads us directly to the interaction with the police and whether people feel that they are being treated fairly by the police. and whether or not any kind of stereotyping sigma profiling that attach to the treatment of black and latino boys, the stop and frisk argument you're familiar with, then extends out to the 40-year-old. both of the people who were killed this year in their 40s. were they lumped in as oh well, that's a threatening male black figure as opposed to an individual deserving of protection from the police. >> right. juan, thank you. we're continuing our coverage here on fox news channel of the situation in charlotte.

we're sorry we didn't get back out to bill o'reilly in california. he'll be back tomorrow as we are closing in on the debate on monday. we have full coverage, america's election headquarters on fox. megyn kelly is up next. breaking tonight, 46 days out from the presidential election and america is once again watching riots in a mayor city. over the hot button issues of race, policing and the search for truth and justice. welcome to "the kelly file" everyone. i'm megyn kelly. there's a state of emergency in charlotte, north carolina following days of protest over the officer involved shooting. police are fanned out across the city as dozens of police and protesters were injured and one man was killed in a wild series of showdowns we saw together last night. just a short time ago mr. scott's family viewedid