while this is happening. one thing that hopefully is coming is that minnesota p.d. and the state troopers have learned a lesson from last year and hopefully -- >> laura: we have to go, jorge. thanks for your report tonight. we're going to be now with shannon bream who continues our live >> i am shannon bream in washington. this is "fox news @ night" breaking coverage of the third night of unrest in brooklyn center of minnesota. "gutfeld!" will be back tomorrow. we are told to expect a decision on whether to charge officer kim potter in the shooting death of daunte wright in the traffic stop. my before that decision, crowds are gathering outside. law enforcement officers, authorities declaring an unlawful assembly. they've been a number of warnings to the crowd. there is a curfew in place. people are being told to leave with arrests will begin and there have been some tonight.

we have civil rights attorney robert pattillo standing by. we are going to go to mike tobin on the ground. it is a snowy night. robert, i think you're ready if you're up with us. >> i'm ready. >> shannon: robert, what do you make of this? we have this officer, we saw the video. to the police's credit, it was released quickly so people could have as much transparency as possible. the officer, kim potter, decades of service, has resigned, saying it was best for the community and best for her fellow officers. we await potential charging decisions. what are you looking for tonight? >> what i am seeing is the protests from last year have been effective in changing local policy with regards to policing. often, if you go to the trayvon martin shooting, the breonna taylor shooting, the george floyd killing. one the issues that caused these protests to escalate was a lack of transparency by police

department, lack of accountability. we also saw with ahmaud arbery y three months for the charges. the police department, local leadership, they are acting in a way. the public policy change to calm down the social unrest. one of the reasons we are still seeing protests and riots after a half a century of these issues as we haven't seen federal legislation put in place. it's causing people to continue to fight back. they do not believe the political process has any interest in the names of the people, by the state and local government. it does work towards combing the community and ensuring we don't have the same sort of violence we saw last summer. >> shannon: an ongoing debate in washington about the best way to make sure that there's a true

reform and change that will benefit the community and everybody involved. i want to bring in senior correspondent mike tobin. he's been on the ground day after day, night after night. it's a snowy night in brooklyn center. my understanding is this is about the time that the curfew was supposed to kick in. explain that for us on what's going on. >> well, what happened before they started the curfew was a declaration from police. they used the long-range acoustic device. the announcement after announcement to let the protesters know. they showed up in big numbers today, around 2,000 protesters. once they started shaking the fences outside the police headquarters they started making the announcement that it's an unlawful assembly. we saw the tear gas, flash bangs being used. ultimately if you look past me, you can see the rows and rows of state troopers, you can recognize their reflective gear on the right. some of that is reflecting back.

they came to the south of the crowd and just started advancing in this direction. they have covered probably about half a mile. as they move up the road, sometimes they use some of the less than lethal munitions, less lethal munitions, pardon my word choice. flash bangs and tear gas. the clear the crowd out may move. they have been announcing they will be making arrests and people are involved in an unlawful assembly. i haven't really seen many arrests myself tonight but i have got reports that arrests have been happening. people are backing up as the police line moves forward. abbas has moved in. here is a gentleman saying that the police are being aggressive. he is part of a peaceful demonstration. right. he is talking about the rubber bullets in the pepper spray. will we get oftentimes demonstrators as they say they didn't do anything. i am telling them what's going on. thank you very much. appreciate your input.

i am telling them. there is a bus and it's coming to the foreground. could be a couple functions. sometimes it's going to be to handle police personnel. that's what i would think with that particular vehicle. sometimes you do see buses pulled up and used as part of mass arrests. i want to point out one guy here in the foreground. that piece of wood he's got, that is going to be used as a makeshift shield when the less lethal munitions come out. they kneel and put that in front of them. we saw that last night, hold that shield up and try to deflect the rubber bullets, pepper balls and things of that nature. we have got someone mom the megaphone. what you see at this stage of the demonstration, a lot of people want to hold their ground and be defiant for as long as they can. that's exactly what you're looking out right now. you have a guy in the foreground dancing up in front of the police lines. this is a sort of a game that's played out, shannon. >> shannon: mike, let me ask, if you can hear me.

we have had three nights of this and there's been different groups in different people and different incidents. there's been, separate from the people who say they are trying to have a peaceful protest, those who have leveraged this and try to use the chaos to do other things like loot and cause trouble. what are you saying tonight? is it primarily a peaceful protest? i know that year in one location and some of these are different locations. is that the main thrust of what you're seeing tonight, primarily peaceful protest. they are probably violating curfew. they don't want to go home. but they are not engaging in some thing beyond that. >> you would have to define it. i've seen rocks and bottles pelting cops in riot gear. you can make the argument by showing up that they create a friction point. that's where you see the line in the sand and that's where we start having clashes simply because the police are they are in riot gear. that's going to be one argument. the other argument is they've got to protect the police headquarters and they can't have

a repeat of what we saw with the third precinct almost a year ago. when you start talking about peaceful protests, everyone who's ever been arrested or the protest has had that they were a peaceful protester. we see that time and time again. you do have a lot of people out here who are very sincere and very angry over what happened in this case. the different arguments. they don't believe the police narrative that daunte wright was pulled over for an expired tag. but you have a lot of people who show up to express themselves, to express their anger. you do have people who show up here with the helmets, the black codes, the backpacks. we saw them with leaf blowers. you see there was some of the makeshift weaponry if you will in terms of the shields. i've seen people with devices they can use to break glass. wouldn't really have another purpose. i have seen people with sidearms in the crowd. you say are there peaceful protesters? of course there are peaceful protesters. are there sincere people out

here demonstrating? of course they are. were people looting last night? yes and the night before. it's a mixed bag. >> shannon: mike, you and i feel like have done this quite a bit over the last few months. you are there on the ground giving a size and ears, brave leader reporting for us which we greatly appreciate. i remember once ago in the police precinct was invaded and essentially evacuated or abandoned, some people would say. that was a tough optic for the city and a lot of people. it seemed to represent for a lot of folks are turning point in exactly where these protests and demonstrations and things turned more violent, where they were going. is it your sense that this community does not want to have a repeat of that, the police leaving the precinct, giving up ground? do you have a sense that there's going to be different guidelines and procedures in shutting things down more quickly? >> the one thing chief arradondo of the minneapolis police has had, the difference at this

time, the difference this time as law enforcement had time to plan. they had time to get ready. in terms of how people accepted what happened at the third precinct, when you talk with people in the military, talk with people in law enforcement, they think the abandonment of the third precinct was no surrender and encouraged what spread all across the country because it empowered the people who show up and demonstrate. in terms of people who live here in minneapolis and other places, you've got a lot of business people who don't want to have boards on their windows. but they are sympathetic to the cause. you asked me a question and the answer is it's a mixed bag, sorry about that. >> shannon: we just want what you know on what you can tell us, always appreciated. mike, what's your sense about, we expect there could be charges announced against former officer kim potter tomorrow. what is the expectation, if you can get one or a read off the feeling in the community about what they hope, what they will demand and what they want to see and what they'll tolerate with those announcements possibly

tomorrow. >> i spent some time in the crowd asking people that very question, asking what they thought about the resignations and what they thought about the potential of charges being announced tomorrow and frankly when i got from those with whom i spoke is that they don't care. they are angry it happened again and they are out here to show that anger, to demonstrate. they say they want to push back against a system they believe is inherently racist. that is something you hear, systemic racism. they are fighting against it. a lot of the anti-faux people, people who identify as antifa say they are out here to fight against the fascist system. >> shannon: mike tobin, live on the ground, stay safe. we'll be checking in with you repeatedly as you always do very well getting information on the ground. stick around. i want to get back to robert patillo, still with us. robert, as we await potentially charges for the former officer who resigned today, your legal mind as an attorney, where would

you see this potentially going? what could she potentially be facing? of course there's so much we don't know. we have seen video. we've heard some explanations. those would be looking into charges clearly would have access to more information than we do. >> i think what we're going to see is a full and thorough investigation as to the facts and circumstances surrounding this unfortunate shooting. the excuse that's been given thus far, i think it's going to be the question. whether or not it's reasonable for an officer with over 20 years of experience to mistake annexed 26 taser that weighs about 10 ounces and is bright neon green frame glock 17 which was about 30 ounces and is made of plastic polymer and metal. you can see involuntary manslaughter. could be manslaughter. i doubt you could get enough intent or motive to satisfy something along the lines of a murder charge.

there may be a question of a depraved heart, where she engaged in activity that was reckless and cause the death of the individual. it's going to be an extensive investigation. i think you're looking at something along the lines of reckless homicide and then things go from there as the investigation proceeds. regardless of what she is charged with. we know that they can go back to the grand jury is more information is produced. reduced charges or raise charges as information becomes available. it's going to be an intensive inquiry. it's important for the community, insuring that the judicial process is carried out and that we are seeing a leveling of the playing field. where african-americans feel that they are not simply victims of the system but they have some agency and they can trust in state and local governments to protect their rights even against police departments. >> shannon: robert, thank you for your expertise. stick with us.

lisa benetton we have on the ground as well reporting on what's happening in minnesota tonight. lisa, if you can hear me, can you give us an update from where you are? see going outside the brooklyn center police department. this scene has been chaotic tonight. you can see behind me the crowd has largely dispersed. the police, the national guard and a mix of state troopers remain here. the crowd has dispersed behind me a little bit. but the scene has been chaotic tonight. >> shannon: lisa, i might understand this is the location that on sunday night there were some protests where things got a bit heated. there was some back-and-forth with the definition that people want to use. whether it was a riot or a protester across some kind of line. i am assuming that is the same location. how would you characterize it right now? >> yeah. something that's important to mention as the crowd has been

ready for tonight, it's snowing. it's freezing here in brooklyn center. the crowd came prepared. i've seen a lot of people with tear gas masks. so when the police started using the flash bangs, the teargas, the crowd largely did not move for some time and you saw a mix of police and protesters going back and forth outside the brooklyn center police department. now the crowd has moved away. it does not seem that the unrest is over at least that is the five here tonight. >> shannon: stays safe. we'll check back in with you. mike tobin who's been on the ground reporting for days as part of the derek chauvin murder trial. now with the new untimely and tragic death of daunte wright. he is headed to the officer's house, officer kim potter who

has resigned is potentially going to be facing criminal, civil charges. we are waiting to see how the investigation pans out. there is been some chatter that there were people are gathering at her home. mike is there to figure out the facts on the ground of it soon as he gets there and we know more about that situation, no former officer kim potter who was the officer who shot and killed daunte wright. we will tell you more about that. i want to bring in jason chaffetz, fox news contributor, former member of congress. there's been a lot of talk about police reform about the george floyd act and what's going on on the hill and whether it may quiet some concerns or answer some of the concerns by giving people faith or hope that lawmakers are trying to take some steps, whether it's better training for police, more transparency. there is an ongoing debate about the bill and whether it's the best way to get those things done or not. what's your sense that washington has any appetite for actually doing something on this issue? >> i do wish that there was

something washington could immediately do. if there was a magic bullet, i'm sure they would actually do it. when senator tim scott tried to put forward some of these reforms, they went nowhere. there was no discussion. not even allowed to come up on the floor and have amendments and have that robust debate. i feel for the community that's mourning the loss of the people that they loved, that they care about, their friends and neighbors that are dead and they want answers. shannon, there's nothing more patriotic in this country than peacefully assembling and protesting and petitioning your government. that's as american as it gets. when it turns to lawlessness, when it turns to rioting and looting and attacking come of these men and women who are there wearing the uniform, having to put the vest on and the helmets on, these are also the neighbors that live in minnesota. i hope the department of justice and local law authorities, that they will go after the people

that are committing these further crimes. if there is a crime committed, go prosecute somebody but it doesn't justify committing more and more crimes. i see them put up these curfews had not enforce it. i see them looting and people jumping out of police cars. go arrest those people and then prosecute them. don't do what kamala harris was doing last year and tried to bail them out as fast as she could to get them back out on the streets. i think this is going to spill over. i think it's going to get worse rather than better. because of there's not law and order, people will continue to take advantage. there are professional agitators, i guarantee you, mixed into that bunch that are not part of the minnesota family. >> shannon: stay with us, jason. we also want to bring in bernie kerik, former nypd commissioner. he has seen many difficult situations. he knows the pressure that law enforcement is under 24/7. bernie, great to have a bath backwith us.

what do you think that kim potter may be looking at and questions about protocol training and all those things? >> there's a couple issues. i think based on the video and i hate to speculate in these circumstances but based on the video it was an accident. she intended to tase the target, the subject. she used her firearm. i don't think there's a word or charge by no means. i think if there's a criminal charge will be negligent manslaughter. as far as training issues, this is a big mistake. the taser is usually maintained on the opposite side of the body so that the officer knows the difference between the two. however, keeping that in mind, shannon, these things have happened in the past. every time they happen in the past, they go to an extensive amount of training to go sure

officers know better. in the heat of the moment people are frightened, afraid, they knew that this guy had a warrant for a weapon. maybe she thought he was going after a weapon, i don't know what the circumstance was, what they were thinking. but it's definitely a tragic mistake. >> shannon: it is, and she apparently has been a police officer for 26 years. someone who's very experienced, lot of of trading a lot of interactions with people, traffic stops and all kinds of different suspects in different situations of the years. i've got to imagine there's enormous grief for her along with the family was lost daunte right, that it does appear as though she's yelling taser, taser, taser. she thought that's what she was deploying. how tough is it for our men and women out there in uniform, the vast majority of whom we know are good people who do a lot, sacrificed a lot to reach out to their community. there are horrible cases like this one and we've got to wait for more facts, it's hard to

speculate. what's it like for our men and women? we keep doing stories about the attrition in the forces across the country, the difficulty in recruiting and hiring new officers especially men and women of color to be part of the forces and be in these communities. what is the morale like for our men and women in blue? >> the morale across the board around the country is horrible. you have mayors, you have governors. you have city council members that are not supporting their police. they are calling for defunding the police today. a congresswoman called for the abolishment of the police, the military, and doesn't want anyone sent to prison. that is complete lunacy. that will create chaos in the streets in every community in this country. i don't know what people are thinking when they make these stupid comments like this. but for the men and women in law enforcement, they already do a job that's actually difficult. a job that many people wouldn't

have the courage to go out and do. they are under a lot of stress. it's ten times, 100 times more stressful when you have a mayor, city council and the governor that's not going to support you. >> shannon: when you hear talk of defunding and changing the forest, imagine for a lot of people it's tough. to consider it as a career, it's a very demanding one. commissioner, if you can stick around and everyone else that we have online, this is live after curfew. there on the streets of brooklyn center, minnesota. we are watching and we have cruise on the ground. mike tobin is headed to the house of the former officer, kim potter, who was the one who shot daunte wright fatally. word has been there's been a crowd potentially gathering at her home. mike is headed to the scene to get the facts for us we will back.

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>> shannon: we are back with breaking live coverage from brooklyn center, minnesota, a third night of unrest. let's bring in jason chaffetz, robert patillo, lisa benetton. also the former nypd commissioner, bernie kerik. lisa on the ground and get an update. >> as an update, i'm outside the brooklyn center police department. the crowd has relocated. national guard remained behind me, creating a barricade so nobody can get through. there's helicopters above that you can hear. the crowd has relocated. >> shannon: okay, lisa, please keep us updated where you are. stay safe. we have mike tobin on the

ground, on the move to a former officer kim potter's house, the one who fired the fatal shot that killed daunte wright. mike is headed there and we will tell you more. a crowd supposedly gathering at her home. we'll get the facts. we are past curfew. i will ask, commissioner, where do we go from here? the officers have been on high alert because of the derek chauvin trial already underway. potentially leading to some unrest. they are standing by to make sure and try to control it and hoping it doesn't happen. these officers are dealing with the second case tonight. commissioner, how do they deal with this? it's past curfew and we still see people on the streets. >> that is up to the leadership. when you put out her curfew, you have to make sure you hold by it. as jason was mentioning earlier if you let them get away with being out there especially if they start engaging in violence, if you left that start, it's only going to get worse. if you don't take action, it's

going to get worse. the key is they have got to stand by the curfew. also protect the community. a lot of the instigators, agitators, anarchists that are mixed into the peaceful protests, they demolish communities. stores, establishments, personal property. people that live in that community and that's what you have to really worry about and make sure it doesn't happen. >> shannon: robert patillo, civil rights attorney, is with us. to that point, we have seen this over the last several months. people who are part of these communities who have their businesses, homes, they are neighbors and business owners who have been devastated over the last year. when this happens in the very community that they are part of, they are serving. what we do here family members and other law enforcement folks and we hear the president coming out yesterday saying please don't go out there and loot and engage in violence. you're only hurting your own community. it's not the answer. we've heard that from daunte wright's family as well.

>> have to balance our constitutional right to protest, our constitutional right to petition or government, constitutional right to free speech. liberty in terms of those people who want to be involved in it. often it's a small group of outside agitators to act to escalate these events. one person can turn a peaceful protest, candlelight vigil, into a riot. we have to be -- police have to be measured in their response. to make sure that they are not escalating. we saw in atlanta last year, there was an escalation with rubber bullets and flash bang grenades. it allowed chaos to ensue and that's what when we saw the outside agitators take over the protest. i think as long as the protests remain peaceful and they are following their constitutional rights than the police should be working with them to de-escalate the situation peacefully disperse the crowd. also ensure the message is

getting across the city and state leadership that the community does demand justice and it's their constitutional right. >> shannon: jason, i think you mentioned that one of the most precious things we have in this country and several folks have mentioned it, robert as well, is that people can petition their government and peacefully protest. we have the freedom to say things and push back and have difficult conversations. then there are people that would take advantage of the chaos and try to leverage it to their advantage whether they want to create havoc or loot or whatever it is, there's a fear that the people where they are to have a genuine conversation and have a protest and have complaints to discuss, they get lost in the chaos that ensues that they want nothing to do with. >> they do get drowned out and that is the concern. that's where i think the department of justice over the last several months really has not at least apparently to those of us in the public that are watching this, figured out how the money is going.

the money is flowing somewhere. some of these professional agitators will show up, these professional people. they are in full riot gear. they have every bit of information. you saw in new york for instance there were people where pallets were brought in bricks and whatnot. who finance them? who rented the truck and did those things? i think it's imperative and i feel for the mayor and the people of minnesota, the number one job of law enforcement is to protect that community and to protect those businesses and when they set a line and they say we are going to have a curfew at this time, they have to enforce it. if they don't, it will escalate the next night in the next night. they have the most important trial going on and no matter what the verdict is, i'm afraid all hell is going to break loose and those police officers in that community and the people sitting home alone, those of the

people we have the highest moral imperative to protect. if there is a curfew, enforce it. >> shannon: we are watching, this is live on the streets of brooklyn center, minnesota, and the surrounding area where there is continued unrest. there is conflict or at least there is interaction between protesters there and the police, the national guard has been there for a long time prepping for the derek chauvin trial which is ongoing. the former police officer, his murder trial in the death of george floyd. many things, very tense. we are going to take you back on the ground. panelists, stick around. we'll be back with the latest as we continue this next. embarrass. that wall is your everest. but not any more. today let's paint. behr. exclusively at the home depot. ♪♪ for deb, living with constipation with belly pain was the same old story for years.

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>> shannon: we are back with breaking live coverage from brooklyn center. this is the third night of unrest and now you're looking life where protesters appear to be gathering some debris, putting things together. are they going to light in on

fire? we'll stick around and see. it looks like they're gathering more debris. the curfew was 36 minutes ago there in minnesota. there is a heavy presence of law enforcement on the streets. there was a deadline for 10:00 and it has come and gone. national guardsmen have been there because of the derek chauvin trial that's ongoing. there had been a gathering declared unlawful. crowds were ordered to disperse. numerous announcements by law enforcement. that set off confrontations, protesters launching fireworks towards the police station, throwing objects at police whoever launched/things and gas grenades. they have been marching and aligned to force the crowd back. the decision whether to charge officer kim potter could come as soon as tomorrow. police say she mistook her gun for a taser when she killed daunte. let's bring in jason chavers and

robert patillo. we have former amway peak and commissioner bernie kerik and lisa benetton on the ground. a busy night. fire is starting. jason, what do you make of it? >> not good images. the people who live in minnesota, i'm not there on the ground but i've got to tell you if you're worried about these protesters, the rioters, the people willing to break the law another there's a curfew, it's not a good image. i feel for the officers in the national guard. these are real men and women who have their families to go serve. you know what? if you're going to set a line in the sand and say there is going to be a curfew, we're going to clear the streets and we're going to make this a safe neighborhood, then you darn well better do it. they should start arresting those people and making sure they get prosecuted. >> shannon: commissioner, where do we go from here? we have the debris that's been gathered together. there is a fire that appears to be started by protesters. doesn't look like it's

threatening property. it is they are in the road but there's been nearby stores and strip malls that have been looted. there's been a lot of activity that's not directly linked to launching a peaceful protest and pushing back and having difficult conversations. what do the police do now that this is ongoing way past curfew? >> look, the reality is it's up to the police and the mayor to enforce the curfew. what you're seeing right now, the igniting of this debris on the ground, that's bad news. it's bad news in any community. you're also letting them gather. as you let them gather, you're going to have other people show up. i have to tell you, shannon, and this goes to robert patillo's comments earlier with regards to instigators. most of the real community leaders in that community i am confident they have really good relationships with the police. the problem is when the instigators and the anarchists

come in and you allow them to mill around like this and they start lighting things on fire and they are doing what they are doing now, it's only going to lead to a bigger crowd, more problems. enforce the curfew. get people off the street. let it quell down. deal with whatever happens tomorrow but tonight you wanted to be safe and secure and you're not going to get there if the mayor and the governor and the police don't enforce that curfew. >> shannon: it's a little bit difficult to tell. we are going back and forth between different shots. these are live on the ground in brooklyn center, minnesota. there was a movement. people hustling away at taking off and now we see this coordinated line of law enforcement. looks to be local police officers moving in unison down the street. it looks like they have moved to that point where the fire had been set where we saw people gathering. may have broken up that crowd. i have a now walking coordinated fashion through the streets and it would appear doing their best

to try to enforce a curfew. it looks like maybe traverse as well. we know there's been national guard, all the number of law enforcement agencies. some movement certainly as we see folks who are moving away from their positions where they work and it's a snowy night, a cold night. this is the third night of this going on. what about this? we have people genuinely there to protest, as we talked about. we have people breaking laws. the police are going to want to avoid escalating things but they are also tasked with enforcing the law. what we do with these protesters who crossed the line into damaging property or threatening officers or something completely different than a protest, peaceful one? >> we have to separate the people who are expressing their first amendment rights, peaceful protesters, from the violent agitators. this is a place where leadership

counts. civilian leadership counts. the difference between america and china or iran or one of these at other dictatorships is that you don't see tanks rolling in to subjugate people were trying -- so you see military troops driving people away into black vans who try to protest against the government. what we saw in atlanta last year from your keisha lance bottoms, things started escalating. she brought out community leaders, pastors, entertainers, wrappers, basketball players, however she could fight to address the audience, try to break down tensions, understand that the government is on your side, defending your constitutional rights and that justice will be served and you are just as american as anyone else in the country. we are not in the situation where we were in the founding of the country where we were 3/5 of a human being. we have the full benefit of the united states constitution behind us. that's what you see in minnesota.

you're going to have to see civilian leadership not hiding behind the police have the military but out front speaking to their neighbors, speaking to the people in their communities, the people they go to church with a shop with. talk to them and get them to quell the insurrection. you can separate the people who are they are to peacefully protest from those who are outside agitators who only want to cause trouble. that's how you break up the crowd. >> shannon: jason, and so many cities across the country last year where we saw trouble, they were larger primarily democratically controlled cities, a number of city councilmen and women, mayors who tried to go out and say we are here for you. we hear what you're saying. in some cases we stand with you. we are going to work on defunding the police and yet some of those local leaders have now found themselves not far enough left for some of these protesters who say we are coming after you. you still haven't gone far

enough left for us. what kind of balancing act is this for democratic leaders who want to be open to the pleas and positions of some of these groups and yet they find they can't ever fully appease them, some of the groups. >> well, there are some groups that are so radical, so far out there to the left, they want to abolish i.c.e. they want to abolish the police departments and you have a woman in congress, congresswoman rashida tlaib who is saying that today. they don't think that there should be any arrests, and the police and any incarceration. you will never meet that standard. those calls to defund the police have the same time when you say look, we've got to get behind them and do some training. work toward some community policing that will improve the situation. look at the leadership of senator tim scott who reached his hand out in a very genuine way. he could bring a lot of conservatives and a lot of republicans with him. he's a leader in this idea of

actually coming to some reform that i think we can all be proud about. but you look at what's happening in portland on what's happened in seattle when it's allowed to fester and continue on, doesn't magically get better. look at los angeles going through all kinds of problems. they won't prosecute people who commit some very serious crimes. in minnesota with this trial, the chauvin trial going on, it's going to continue night after night and must the police let people no, you can protest. you can be mad, upset. you can petition your government. but you capital out and break the law by smashing windows and jumping on police cars and threatening people and throwing bottles and doing those other things. there's a balance here but it doesn't include lawlessness when there's a curfew in place. >> shannon: bernie, what about, jason brings up the idea of prosecutors and a number of big cities. we see that there are recall petitions and pushback against prosecutors who don't seem to

want to go heavy on actually prosecuting. we see a lot of pushback out there in l.a. with gascon. in philadelphia, the local prosecutor there. considered so far left or so out of the mainstream that even democrats they are decided not to endorse him in the that's got to make a new round of challenges for law enforcement as well as you're not confident that prosecutors will actually take these cases to trial. >> you know what, shannon, a lot of this is going to fall back on real community leaders. at the end of the day, if you look at the history of new york city back in the '90s when we averaged 2200 homicides a year before giuliani came in, we have the highest murder rate in the world in a large city like new york. at the end of giuliani's term, homicide had dropped 65, 70%.

in the black communities where the violent crime was the highest, murder dropped almost 80%. i can assure you the people in those communities, the real community leaders, they wanted the police. they wanted that reduction in murder and they want of the reduction in violent crime. at the end of the day, it's going to be up to the community leaders and the communities to go out and vote the right people into office. you can't have prosecutors that are basically going to ignore the law, ignore the violent crime, ignore the shootings and ignoring the murder. they are militarizing cops, they are victimizing thugs. it goes against every principle we have with regard to the constitution. so you know, in new york city, new york city was about to implode. it was about to implode before everybody got together and said you know what, we need new leadership. giuliani wound up in office. then things change. >> shannon: yeah, and we've

got to remember these recent races like the one with george gascon as prosecutor in l.a., he did telegraph during his campaign exactly what his view was going to be on being soft on crime and rolling back some of the crime enhancements. now talking about disbanding or seriously changing the hard-core gang unit. again, folks trying to organize a recall for him because now that this is happening in practice and they see the impact on their communities, they are real concerns. we are going to keep you live with updates and brooklyn center, minnesota, as protests continue past curfew there tonight, the third night of unrest amid the derek chauvin murder trial and now the death of 20-year-old daunte wright over the weekend. we will take you back there on the ground with right after this quick break.

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>> shannon: we are going to take you back lives to minnesota where there's been a third night of unrest and tensions have been high because the murder trial of former officer derek chauvin is well underway. the defense is beginning it's part of the argument in the community has been on guard, on edge waiting to see what will come from the jury. as the trial continues to play out, the murder trial in the death of george floyd. on top of that, that same community over the weekend has another police involved

shooting. officer kim potter who has now resigned fired the fatal shots, killing 20-year-old daunte wright over the weekend. there's new unrest. there has been since sunday night, monday into tuesday and wednesday as well. earlier tonight there was looting. there has been crowds on the street, curfew of 10:00 p.m. local time. it's been violated. there is a heavy law enforcement presence on the street. federal and state and local. they are trying to get the situation under control. so far looks like police do have things under control. we are told there is been a number of arrests. we'll continue to watch the situation, mike tobin is on the ground along with others. as the situation continues will keep you updated. i want to bring back and fox news contributor jason chaffetz and civil rights attorney robert patillo. robert, we talked about the fact that officer, former officer potter is expected to face charges in the coming days. we talked a little bit about that. we've seen the video, it was

quickly released by police, the body can video. there's more we don't know but that's a bit of information. beyond potential criminal charges want to think she could face civilly? in the george floyd case we saw $27 million to the george floyd family. that is strictly between the city and the civil part of the puzzle but there was concerned by the defense that it would sway jurors as they were trying to seat a jury and the actual criminal trial. in this case, what do you think that civil penalty outlook or lawsuit outlook could be? >> i think this is why it's important on the federal level, we look at qualified immunity for officers. what happens is a police officer during the course of their duty, it's paying off by the taxpayer, the citizens of that city in that state. places like chicago where tens of millions of dollars have been paid out over the last several decades because of police

violence. dis- incentivize police to take actions in their own hands because they know it will not be there pension fund, their mortgage, their children's college fund and the line when they make a mistake like this. hopefully it will encourage them to think twice about the actions they're taking. when it comes in the questions of civil liability for the city, i think there will be a substantial settlement at some point in time, as we often see. with breonna taylor. other municipalities, the determination based on what evidence is found and gathered. i think cities have to start taking seriously the idea that they can no longer afford to simply pay for bad officers. invest that money on the front and training officers better and you won't have to pay it on the back and back to grieving families. >> shannon: jason, 15 seconds, quick comment and then we'll come back after the break. >> need to keep qualified

immunity in place. it does not protect an officer if there's crimes involved, if there is criminal intent and whatnot. i don't think the woman who was involved in that shooting is thinking about her pension and whether or not it's going to cost her. i think she was fighting for her life because you had somebody that was resisting arrest. >> shannon: we've got to leave it there but stick around. more coverage coming up on "fox news @ night" after this quick break. - i'm norm. - i'm szasz. [norm] and we live in columbia, missouri. we do consulting, but we also write. [szasz] we take care of ourselves constantly; it's important.

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