house. what comes out of that? we will be on top of it all day long. >> absolutely. join us again tomorrow morning. "outnumbered" will begin right now on the fox news channel. >> fox news alert. more protests over the death of george floyd. it was calmer in some cities but in the boston area violent protests carried on. riots and looting. the saks fifth avenue flagship shore boarded up and wrapped in razor wire. stores raceed to protect themselves what has played out across the country this week. president trump issued a warning to local leaders failing to

quell the riots. >> you have a very liberal player in new york too. you notice all of these places that have problems are not run by republicans. they are run by liberal democrats. there is something into that philosophy. the national guard, we could solve that problem in new york. if they don't get their act straightened out, i will solve it fast. >> but mark esper doesn't support sending armed military forces to states. >> i say this as secretary of defense and a former soldier and former member of the nation nag. this should only be used as matter of last resort and the move dire situations. we are not in those situations now. i do not support invoking the insurrectoin act.

>> katie and fox news contributor and co-host of the "the five" juan williams. juan, i want to start with you. the president brought up the idea of the mayors in the cities. in new york city we have in player de blasio the most progressive playmayor we have e had. you look at the streets of new york and a minority population feels disenfranchised. you said we need systemic change. what does that mean? give me an action system. what does it look like? >> well, melissa francis, this

is an important question, it could help some of the people who are involved with the peaceful protests. i want to underline that word to feel they made a difference. and so i think the number 1 issue here is police accountability. there would not be the sense that the police can be brutal, excessive in the use of force without any consequence for those actions especially if they take those actions against black people or people of color. i would even be more specific. most incidents involve black men. it's a matter in terms of the protestor protestors, all of america everyone has an equal opportunity for life, liberty and pursuit of happiness and the police are not seen as the thin blue line to keep back the forces of chaos.

those forces are people of color in minority communities. >> melissa: would you say then that our mayor de blasio here in new york does not have the trust of the black community because he, for example, we had the case of eric garner in new york. a black man who died at the hands of police when he was trying to sell individual cigarettes. that took 5 years. do you draw a direct link between the mayor not acting quickly enough in that case and our city right now being looted and destroyed? >> i am not familiar with what caused that 5 year delay, i think that's typical in many of these cases. people who are protesting don't just see eric garner, they see

all the cases across the country of aubry in georgia and britney who was killed in kentucky in her bed. >> melissa: briana taylor. >> thank you very much. >> melissa: but i want to get back to an action item. give me an action item we can do. greg said to you we want to help you. what can we do? you say accountability? what can i advocate for today that would be an action that would begin to end everything going on across the country right now that you are talking about? >> well, here in washington one of the key items is abolition. choke hold. i don't know how you outlaw someone putting their knee on someone's neck for 9 minutes and not thinking that would have a fatal consequence. the idea of choke holds, the

kinds of things that police are employing to restrain people oftentimes, there is quick use of excessive force against black people. that's what the protestors would see as significant. >> melissa: you brought that up earlier. i heard you talk about that two or three times. this idea of visibly retraining police, right? you have been talking to lawmakers about this and former police chief. talk to me about that. >> well, the police town hall we had 6 months ago right here on fox news was a good primmer for what needs to happen. we had a mix of rank-and-file leadership and the victim of a police shooting, an officer

himself who was shot in the head and his family. the reason you talk and listen specifically listen to all of those people is because everybody's experience around the issues of brutality and violence with police on either side of the equation, everybody's experience is different. i think that's why when you come up with a single route action, you could outlaw choke holds. i don't know if that's systemic change in terms of relationship but it's something we could do. it's a question i have and considering each day as a listen to more and more people. what does the answer really look like? i can tell you, and juan, i am curious to know what you think about this. these are people from across the country supported by people all over the world in mass gatherings. peaceful as we have seen around the world that people of color

are experiencing systemic racism or discrimination. however, we are all individuals. then you ask, like occupy wall street, is there a single leader here? how do you negotiate an end to what we are seeing now separate from the raritiioterrioters. juan, how do we keep this from going on for another week. there is nobody to say we've got this except for the president of thes. we have not heard from him in a address. black leadership, what should that look like? >> this is an important conversation. i am pleased we are able to have it. that's one of the great things about this show. i think when we talk about systemic change, you have to raise an awareness.

one of the problems that so many protestors have, when you have previous incidents, people say that should not have happened. we mentioned eric garner saying i can't breathe. that's terrible and 5 years later something happens. they don't have the sense that all of america is concerned about it and it stays in our conscious and it requires serious attention. it's not to be pushed to the back burner ones it's off the front page. one interesting thing i noted you have major corporations from citi group to nordstrom, we stand with people who are concerned about this. that raised a level of consciousness. >> melissa: i have to interrupt you. we have to get other people in. emily, raising the

consciousness, again what does that mean? that's like another one of those phrases, it doesn't mean anything. there is no solution. there is nothing tangible we can say yes, we did it. what are actual actions to make things better? can we change police tactics by saying you can't do a choke hold or this or that? what is an action that would begin to bring this to a place where people feel better? i got my pen. we want to do it. we want to help. what can i do, emily? >> well, i think you talk about raising the consciousness, the argument is to help amplify the voices that up until now have either felt suppressed or been suppressed and are not part of that national conversation. the voices are calling for specific action systems for police department which include better use of force policies and

procedures. improved and stronger reporting mechanisms. creation of early warning signal programs to identify either current or potential officers that have a propensity for abuse and improve discipline. and include a conversation with law enforcement so they feel reported and the community to feel heard and communicated with. knowing when to be quiet and lin listen and knowing when to amplify the voices felt muted. >> [overlapping talking]. >> [applauding]. >> that was great. >> melissa: that was great. what do you think, katie? >> well, i would just defer to

my african-american colleagues and friends, last night bob was on tucker carlson's show. the argument with the demonstrations is this a systematic problem. it's not just about george floyd but it was sparked by that. he made the point there needs to be serious questions asked of black leadership as to why is it that black kids are failing in schools? why is it that for 50 years with african-americans in positions of leadership have they failed their own community? he brought up eric holder. a lot of african-americans kids were killed by cops in washington, d.c. and there was not outrage over that. a number of african-american civil rights leaders, we have to

look at how everybody making these decisions in leadership is responsible for this. a lot of times the statistics and actions of a few overplay in terms of what -- in terms of the solutions here and who was responsible for the state these communities are in. >> melissa: that was a great interview. emily won the segment. i loved her list. thank you. action items. i feel empowered. we are awaiting remarks from the floyd family when they visit the site where george floyd lost his life in minneapolis. and a dramatic revelation on capitol hill. rod rosenstein's admission he would not have signed off on the surveillance warrant on the

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>> ♪ >> that's a live look on capitol hill and that's rod rosenstein.

they are going after the former acting attorney general. how did the russia probe begin? rosenstein appointed robert mueller to probe ties between the kremlin and the trump campaign. it was rosenstein who signed off on that third renewal of fisa surveillance warrants on trump campaign advisor carter page. warrants which the doj inspector general concluded lacked probably cause. when you took out the fbi misinformation in the steele dossier. take that away and no probable cause for warrants. rosenstein said he would have acted differently. >> if you knew then what you know how would you have signed the warrant application? >> no. >> and the reason was because mr. harts found it was with hel when rod rosenstein said would not h that translates to we would have not had a special investigation. we would not have dragged the country through this process for years on end. carter page and michael flynn would have been able to mover on with their lives and not pay millions of dollars in legal bills and have their reputations tarnished. he had a hard time answering the question at the beginning. where was the evidence when you were writing the memo aboutclusion between the trump campaign and russian government agents? lindsey graham had a lot of good follow-ups as did senator cornyn. democrats are dismissing this as a return. durbin said there may have been problems with this process but overall it was a good thing. if he never signed the

application then there should have never been an investigation in the first place. >> melissa: katie mentioned the memo in august. that authorized a probe into the trump team that extended beyond the russian interference efforts. how much of is a problem is that? could it happen to us, anybody? >> that's right. the significance is it created a mushroom effect. i point torose rose's testimony. -- to rosenstein's testimony. senator graham said you did not verify everything? rosenstein said i knew there was enough evidence to investigate. the reason this is crucial is because the standard is so week. as we watched this hearing

unfold and the details combed through. it's important for viewers and all of us to understand the a anger this is attached to. there were insufficient reasons to surveillance individuals and a presidential campaign. we need to identify that weak standard and change it so it becomes a constitutional standard which is probable cause. a crime has occurred or is about to occur. right now the standard is much lower. americans care it's a constitutional standard for warrants to surveil, they should press their elected officials who last week postponeded the vote on the fisa act. >> harris: some of the criticism

among democrats. these were republicans who were finding some of these warrants at the fisa level. what if it were on the other foot? what if somebody got into barack obama's campaign and stretched the scope of an investigation far beyond the original intent? wouldn't that be something you want to have looked at. no matter what was being looked at. something grew beyond its borders. that's a threat to anybody in america. that a secret court can dig so deeply. >> well, if you are talking about the fisa court it's important we have a foreign intelligence court in america. the reason it's there is to prevent abuse. apparently the abuse here was in the documents presented to the court and they were classified as having been verified. there are problems with the steele dossier to this day.

in some cases there was information there that was falsified. that's the problem. i think you have to go back to the roots of this in terms of not only you have the attorney general is a republican, a trump appointee, attorney general sessions and the deputy rod rosenstein. they are signing off, but you also have to remember that it was the president, president trump who fired jim comey and called for an independent counsel which was robert muel r mueller. >> melissa: for democrats at home. we have one law enforcement said we have better things to do. you are teaching president trump what he is allowed to do on his way out of office. if he can go and spy on the in

coming legislation. >> harris: we have 2 things happening live on capitol hill. you see rod rosenstein being talked with and questioned by members of the senate about this topic we have been talking about. we will pull away. we will continue to monitor that because there is another live event about to come on to our screen. this is minneapolis, minnesota. this is where we at a point that the family of george floyd joined by their attorney will step up to the microphone that you see there. they have done this, the families have spoken out before. it's always riveting and always a point of reset as in some cases, as you know from all of the protesting and some of the violence, we have gotten away from what happened on this very site to george floyd when a police officer knelt on his neck until he died. the focus back on george floyd.

we will take you there. stay put. in this world where people are staying at home,

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>> ♪ >> ♪ >> we are awaiting remarks from george floyd's family. as we visit the site of his death. we will bring you. that in the meantime the minnesota governor announced that the minute department of human rights will launch an investigation into the minneapolis pd after filing a civil charge related to the death of george floyd. >> we won't restore peace on the streets with a bigger group of national guard. we will establish peace on our streets when we address the systemic issues that causeed it

in the first place. >> they will be looking at the past 10 years and seeing if the department engaged in discrimation practices towards people of lateral. emily, how do you measure that? >> well, right from the record they have. i apologize for my delay. your question cut out. they look at the records they have. we spoke about this in the first block. what does the record reflect in terms of discipline measured and complaints by the public and use of policies and procedures. this dove tails in with the doj investigation. this happened across the country where the doj investigates a police department for misconduct and lack of accountability in identifying and repairing misconduct. what usually happens after these investigations the police

department implements reform. that's suggested by members of the community and human watch rights group like the governor. that's how there is a synthesis of people conducting the investigation. the police department willing adopt those reforms rather than be taken into court on the receiving end of an injunctive relief. they. >> on the record and how it compares to other like department departments. >> melissa: i want to ask juan because we expect the family of george floyd to walk up here. there was an opinion piece in the "wall street journal." more than 2 dozen federal and state probes of police department, one researcher found

when police are investigated following deadly force, police activity declined and violent crime spiked. the point that was further made in that article and elsewhere was the violent crimes spiking, the victims in the wake of something like this as the police back off is the minority and poor communities. they are the ones who end up suffering as the police back off because of more violence and crime. what are your thoughts about that? how do you deal with that? >> well, again, melissa, it's the formulation of the question that troubles me. minority communities often have a higher rate of crime. they need police. i don't think anybody should be confused on this issue. it's not that the minority community is saying we don't want effect off policing. we don't want to feel safe in our homes and businesses. it's that you don't want to feel

harassed or treated as a suspect simply based on your skin color. >> melissa: i think you misunderstood the question. the police end up policing less. >> oh, i understand the question. >> melissa: all right. the family is pulling up and their attorney ben crump. let's watch. [inaudible

>> [no audio]. >> background conversations]. >> melissa: we have seen this. the family prays with the crowd that gathered at this memoral site where george floyd lost their life. as they pray and get ready to speak to the crowd, we know they have been asking for a number of things. they want the charges looked at again for the police officer who had his knee on floyd's neck. it was murder. how it happened has been differented. the family and the attorneys for the george floyd family ben crump. let's watch.

>> i am attorney ben crump. the lead attorney for the family of george floyd. quiet, please! i am attorney ben crump the lead attorney for the family of george floyd. recently arriving in minneapolis is his son quincy mason. he is going to make a few remarks to you. understand this as a young man who is broken hearted and this is very emotional for him. now, we come here today to it spot to remember george floyd who was tortured, who was tortureed to death. we thank the minnesota governor bringing human rights charges against the minneapolis police

department. because we absolutely believe that he was tortured in the last 8 minutes and 46 seconds of his life. witness donald williams yesterday who was the person in the video saying, y'all are going to kill him. likened this to suffocation like a fish out of water gasping for air. the independent autopsy performed by the family concluded that george floyd was starving for air. he need a breath. and the ambulance that came here to pick him up from this very spot was the hearse for george floyd. and so we are demanding justice

based on the autopsy findings, but more importantly what the entire world has seen now with their eyes. that they cannot unsee. the autopsy, the medical cause of death was mechanical suffering compressing his lungs. he died because he was starving for air. he needed a breath. we expect all of the police officers to be arrested before we have the memorial in minneapolis, minnesota tomorrow. >> cheering.

>> because we can't have 2 justice systems in america. one more black america and one for white america. we must have equal justice for the united states of america. >> [cheers and applause]. >> and change is going to come in the tragic killing of george floyd. i proclaim with his son as my witness that change starts today. >> [cheers and applause]. >> we are confident that the attorney general ellison is working feverishly to do the right thing.

what is the right thing? to make sure that george floyd's family is afforded justice by holding these officers accountable to the full extent of the law. each and every one of those four officers. >> [cheers and applause]. >> the attorney general has a track record of champion for civil rightists for those who are marginalized. for people like george floyd because black lives matter and george floyd's life mattered too. quincy is going to make a few remarks. i will try to take a few questions. then we will let him go receive the rest of his family at the airport. then we will keep you updated. we fully expect there to be an

announcement with these officers being arrested. we will give you the family reaction when that happens. right now i introduce to the world mr. quincy mason, george floyd's soon to say remarks on behalf of my family. >> no man or woman should be without their fathers. we want justice for what is going on right now. i appreciate everyone's support and love. i thank y'all for that. it's so emotional. >> quincy, the protests around

the world about what happened to your father. [inaudible]? do you have any message for them about what happened? >> i just want to thank them for supporting my family. and achieving justice. >> [inaudible]? >> we need change so this doesn't happen to anybody else. >> quincy, did you learn about the death of your father on tv like everybody else? >> no, his family notified him. >> we love you, man. >> thank you very much. >> [applauding]. >> [shouting questions]. >> [inaudible]. >> what charges are you

expecting today? >> we are expecting these officers to be charged as a accomplices for the killing of george floyd. he's not going to say anything else. >> okay, all right. >> all right. >> the video, the three other officers, why do you believe they are complicit? >> obviously the police chief said these officers are complicit by their silence. we now know based on the audio from the body-cam video they are accomplices because of their failure to act when they knew they didn't have a post. one officer said he doesn't have a "pulse."

maybe we should turn him over on his side. the officer said no.pulse." maybe we should turn him over on his side. the officer said no. that's why the family is calling for first degree murder charges for the knee in the neck and the two knees in his back for not one minute, not two minutes, not three minutes, not four minutes, not five minutes, not six minutes. not seven minutes. >> keep going. >> not eight minutes but almost nine minutes! 8 minutes and 46 seconds! george floyd begged for air. he called out for quincy's grandmother. he called out to anybody who would listen.

and it seemed like the lay people on the street were listening. the people who refused to listen were the people who were supposed to listen. it was supposed to be the police who were meant to protect and serve george floyd because george floyd was an american citizen and george floyd was a human being. george floyd deserved humanity. and also, the system needed to be listening to george floyd. not just the police, but the prosecutors, the criminal justice system. the judges! the legislators! the president. >> yeah. >> america needed to be listening when george floyd said, i can't breathe because when he couldn't breathe, none

of us could breathe. this is a tipping point. >> [applauding]. >> this is a tipping point. this moment is a tipping point to change america and see if america truey believes in the words of thomas jefferson. we hold these truths to be self-evident that all men are created equally and endowed by their creator for certain inalienable rights that along them are life, liberty and persuit of happiness. for america that, means black people too. >> that's right! >> [cheering]. >> okay.>> two quick questions. >> what do you say to the other three officers?

what do you say to them? >> you know, the family of george floyd watched the video in agony. you have seen rodney and you have seen bridget and terrence and his children. they are horrified at what they witnessed on this video. i think every human being who has any humanity in them are horrified what they see on this video. the only question is: were those police officers horrified? the family statement to those police officers they are just as guilty for the death of george

floyd. they all participated. when people tried to help. the officer took out mace, the lay witness who was there. they threatened them that we won't let you give humanity. we won't give humanity and we don't let you give george floyd any humanity. do your job for the people who are responsible for doing justice. all of the world is watching. all. world is watching. all of the world is watching! >> [cheers and applause]. >> all of the world is watching. all of the world is watching. >> crowd chanting]. >> all the world is watching! all the world is watching. >> what do you think of the way the world has responded?

and how america responded? >> the response of the world has been heartening to this family the entire family have been heartened. they receive it as a blessing that george floyd's life mattered to more than just them. it's important to know who george was. there are videos on social media that george believed in peaceful protests. brendan williams who was georgia's nephew who was like a father to brendan said they

talked almost every day and during the ferguson and baltimore protests and just recently during the sacramento protests you have george floyd playing for peaceful protests. the forensic sifts -- scientists said that george died because he needed a breath. i am imploring along with george floyd's family for all of us to take a breath. for peace, let's take a breath. for justice let's take a breath. to heal our country and most

importantly let's take a breath for george floyd as we get ready to memorialize him this week and lay him to his final rest on next tuesday. let's take a breath this week to heal the country and to remember george floyd. let's follow george floyd's example. we would have wanted peaceful protest. he wants everybody to use their voice, but he wants them to do it in a constructive way. as we get ready to memorialize him, tomorrow at north central university, with his family, i also want us to remember that briana taylor, the young lady executed in the sanctity of her own home in louisville, kentucky, her birthday would be on friday. take a breath for breanna as

well and for almed aubry as well and terrence crutcher as well and for turner who was killed in houston. let's take a breath for sternin who was killed in louisiana. let's take a breath for castillo who was killed in minneapolis, minnesota. let's take a breath for mcdonald who was killed in chicago, illinois. let's take a breath for sandra blair who was killed in texas. take a breath for mckinney who was killed by police in virginia. let's take a breath for clark who was killed in sarcramento ad cory jones killed in florida. let's take a breath for the person killed in dallas, texas and for eric gardner killed in new york. let's take a breath for freddie

gray who was killed in baltimore, maryland. let's take a breath for scott and for clark killed here in minneapolis. >> [shouting]. >> let's take a breath for michael brown who was killed in ferguson. let's take a breath for 12-year-old rice who was killed in cleveland, ohio, by the police. let's take a breath for martin who was killed in florida. let's take a breath for teal who was killed in mississippi. let's take a breath collectively for all of the marginalized and disenfranchised and dehumanized

people, whether black, brown, white, or red, who were killed and were killed unnecessarily and was killed senselessly because they are american citizens, 1. they are human beings, 2. and finally all remember they are children of good. thank you very much. we will respond to you when we get an announcement. >> [applauding]. >> that's the attorney ben crump the attorney for the family of george floyd saying a lot of things. but laying down a very big marker. saying that they expect that all of the officers will be arrested

before the memorial happening tomorrow. they will be arrested as accomplices and we also met quincy mason who was emotional and said no one should have to live without their father the way he is. before we run out of time. i want to bring it out. first to emily. he said the murder charges would hinge on intent and this idea that one of the officers that was standing there it was recorded saying he has no pulse. he has no ability to breathe. and the officer kneeling and the others, no one did anything about. that's where he sees intent for the murder charge. what do you think of that? >> that's right. this dove tails into our

conversation about how to implement reform that reflects how americans and citizens feel. there is a difference between culpable negligence and in minnesota there is a different standard for police officers. as attorney crump championed the attorney general of minnesota ellison, he also advocated for there to be a change in the law to impose a duty toe act on other officers if they see another officer acting with misconduct. we have to ask: what standard do we want reflected in the law? how protections are afforded to citizens, we have to understand how that is reflected in the

law. and that it doesn't matter if we are advocating or want a certain result to occur. if it's not reflected in the standard of the law. >> melissa: the law would say that the other officers standing by would have to intervene? they would have to do something in this case, is that right? >> that is a law change that the attorney general ellison is advocating for. to create a pro-active duty toe act by those officers. >> melissa: juan, what do you think of that? >> yes, this is what we talked about earlier in the show at your question, melissa. it was terrific. what is real change? how can we signal that people are hearing? when i speak about raising consciousness. it's very specific. the governor tim wiseman in minnesota saying people need to listen and need to hear.

the idea that the attorney general keith ellison is responding with the kind of proposal that emily put forward. it's a suggestion of real response. people are not simply saying that's the way it is. we can't do anything about it. i think this time people want to see real action on what they see as real injustice. >> melissa: katie, it's something tangible. what do you think about that? with any law change there will be something negative, something not anticipated that is a negative outcome. but the other side would say change is needed. your thoughts? >> well, it would be important to see how the language is written on the new law. and keith ellison in interviews including on this channel has been hesitant to over-charge in this case. he said if you over-charge you have a higher burden of proof

and people walk away and there is no justice. it will be interesting to watch what charges come down. a change of the law for the standard of intervening. that's not on the books right now. this case won't be tried on that standard. there will be future cases but not this one. we will see what ellison is justicing these charges against the other officers if that happened today or tomorrow in terms of the timeline. >> melissa: and ben crump, the attorney for george floyd will be on at 3 p.m. he said the cause of death was mechanic asphyxation. he said he was starving of air. the world saw it and senate unsee -- can't unsee it.

that's all for us on "outnumbered." we will see you back here tomorrow. now i hand it over to harris faulkner. [2. >> harris: we begin with a fox news alert. we may get word from minnesota attorney general ellison about additional charges in the george floyd case. the family's attorney ben crump expects an announcement soon of more arrests in the case. specifically he told the crowd at the place where george floyd died with the police officer kneeling on his neck. there were other police officers there. and at some point also holding, restraining george floyd and a call for movement for him. he doesn't have a pulse. there is ben praying. he gave a