>> schieffer: today on "face the nation." ferguson waits and wash wash. as grand jury in ferguson, missouri, nears a decision on whether in the death of michael brown, police are on alert and it's tense. latest from there and president of the naacp cornell william brooks, we'll get both sides in the wake of the president's decision to go it alone on immigration reform. >> those members of congress who question minority to make our immigration system work better, question of wisdom of me acting i have one answer. pass a bill. >> the president has taken actions that he himself has said are those of a king or em pore other not an american president. >> schieffer: we'll talk to the chairman of the house

homeland security committee mike mccaul, the number two democrat dick durbin and two hispanic members, raul labrador and kelp grat luis gutierrez. plus our all star panel of analysts. 60 years of news because this is "face the nation." captioning sponsored by cbs good morning again, we are starting today with a situation in ferguson, missouri, where there have been a handful of arrests in the last few days as community awaits what grand jury action, many others have appealed for calm and peaceful protests but the community is very much on edge. mark strassmann is outside the courthouse in clayton, missouri. >> last three months this grand jury has been looking at darren wilson to see side whether he should be criminally charged for shooting michael brown on august 9. grand jury has been given a case as though criminal case has been

presented to them and they have to decide should he be charged with murder, voluntary or involuntary manslaughter or not be charged at all. the stakes are enormous here. a great deal of an prehenk, security has been ramped up, governor declared state of emergency, you have security barriers in all the potential hot spots where protesters might gather and increased police presence as you look around you see police officers are guarding parking lots, building, trying to give sense of calm here. everybody has pleaded for peace from attorney general alec holder to michael brown's parents but depending what the grand jury decides, of course, anything could happen here and that is what has put this community on edge. >> schieffer: mark strassmann in clayton, missouri. joining me in the studio the president of the naacp, cornell williams brooks. thank you so much for coming. what do you think is going to

happen once this grand jury announces its decision? >> i believe that the citizens of missouri and ferguson and the country will respond and call for systemic change. michael brown's death is more than individual tragedy. feels like generational assault of young people. so where we have lowest crime rate in 20 years, we yet have generation of young people who per receive they are in the midst of pandemic of police misconduct. people will call for systemic response and legislation. reforms in policing. police departments that are accountable. and that engage the community and don't profile and prey upon the community. >> schieffer: governor has already declared a state of emergency, they're preparing for the worst, i would suppose. are you concerned about that?

>> i am very concerned. the governor's response to this as though it were a security crisis as opposed to a social justice crisis. i believe that his actions with respect to the guard and state of emergency are presumptuous as to intent of demonstrators are young practitioners of democracy. and presumptuous. we can go in to this expecting nonviolence, civil disobedience. i believe that the government should respond systemically in terms of what he's going to do, or call upon his state to do. the task force is a great thought, much more needs to be done. >> schieffer: as you well know, this grand jury may well not return an indictment here. they may take no action and what i'm hearing it's going to be a very hard case for the prosecutors probably to prove.

are you concerned about if that happens what the community, what the reaction of the community will be? do you think it will be violent? >> i am concerned. i am concerned because we have a prosecutor who had five complaints filed with the justice department concerning his police department by naacp. this is before mike brown. they conduct grand jury a process where dumps evidence in to the lapse of the grand jury. but we're more concerned about the failure of the grand jury given the direct as is typically the case and concerned about the family and outraged community. we want justice for them first and foremost but want to that is the issue here. >> schieffer: are you urging people in the community not to commit violence here, are you saying to them, look, this is

not going to help? in fact it can hurt our cause or what are you telling them? >> absolutely. the naacp is always good for civil disobedience, nonviolent protest. we've done that over our history and do so now. we're calling upon our members, members of the community to respond to this decision in a nonviolent fashion. everyone has a right to express their right under the constitution. fact an obligation. we need to be clear. there is asymmetry of responsibility. the police have the greatest responsibility to keep peace and order and to behave in fashion that encourages nonviolence, not to agitate the situation. we believe that 99% of demonstrators and protesters will be nonviolent. certainly justice department and others are responding to the possibility of violence and again it's just a possibility. >> schieffer: there's a huge

media presence there. does it concern you that so much attention to being focused here that this in fact could provoke something? >> i believe the media in many ways helps because they are helping us focus how to prevent future tragedies. consider this, over a hundred years ago, the naacp, almost a hundred years ago served anti-lynching law which would prevent the kind of racial profiling that we see today. the point being here is we long against this kind of violence, we don't want violence, don't want violent protests done in the name of a violent attack, we don't want that. >> schieffer: let's hope that everything works out. we'll have an eye on it. thank you so much. >> appreciate it. >> schieffer: we'll tush now to the week's other big story

the president's desection to take executive akron immigration on friday, signed orders to protect five million of the 11 million immigrants here illegally from deportation. and allows them work permits they will have to pay a registration fee and future taxes, talk about this we're going to talk first to republican mike mccaul, the chairman of house homeland security committee in austin this morning. mr. mccaul, what now? it seems to me that the president has drawn a line in the sand or whatever you want to call it here is that going to help or hurt the situation? >> i think it hurts the situation. it poisons the well. going in to new congress, people have spoken in the election and this -- he says that members of congress question why legal authority to do this where he himself said 22 times that did he not have the legal authority to do this.

that is not how democracy works. he said. i think this is bit of threat to our democracy, regardless of where you stand on this issue, i understand it's emotional issue but right way to do this and wrong way to do it. i think the right way is work with congress to get real results and solutions. >> schieffer: well let's say he has said what he has said. what will republicans do, are you planning on getting legislation together and sending it to the white house or will you just try to block some people are saying hold up every nomination that he sends up to the congress. the other people, there's even some talk of maybe impeachment might be something to think about. what do you think republicans ought to do next? >> i think impeachment, the constitutionality issue will be determined by the courts. there are various lawsuits, my state now governor, attorney

general, filing a lawsuit against this. the courts will decide that issue. i want to make one thing very clear. we're not going to shut the government down. but we are going to shut down this president and his actions as it pertains to granting amnesty to five million people. we're looking at various options including the power of the purse, things to do to stop this in the short term. in the long term, i think it's incumbent upon republicans to come up with our own agenda, positive, constructive agenda which will read, i believe, with my committee's bill that will be the border security bill. we have to get that security piece done to have intelligent immigration reform, that is not being done right now. last thing, biggest concern i have, because of this talk of am necessity and reform we're inviting whole other wave of illegal immigrants that we saw in 1986 when amnesty was granted

and the executive action. there is cause and affect it did result in people crossing the rio grand sector in my state. we want to do this methodically, smart, starting with border security then looking at immigration reform measures. >> schieffer: do you think anything can get done in this lame duck session or will all this come next year? >> i think the agenda, in the short term with the lame duck we have to figure out how we're going to keep the government open. and not shut it down and at the same time deal with this executive action which i think overwhelmingly the american people are rejecting because of the way it was done. he circumvented the congress, the will of the american people, that has short to make laws, i believe he's failed in that responsibility. >> schieffer: is there unity among republicans? i hear what you're saying this morning, you sound very much taking the position that john

boehner and mitch mcconnell, the leaders of the congress and senate are taking, but you know as well as i do there are others that have different ideas here. how close are you to getting the republicans and house together on unified plan? >> well, this has to be done sequentially. the more confidence we have in the security piece being done. you can reform the laws, as long as people continue to understand the country that's not very intelligent. we need security bill then immigration reform piece. we're going to have divisions, but most of us understand that we have now been given mandate to govern to pass things out of congress to deal with the challenges that are out there. this is one of the big e challenges and probably most difficult ones to fix but there are leaders in our congress what are willing to fix a broken

system. >> schieffer: mr. chairman, thank you so much for being with us. we'll get the view from the other side of the aisle now, the number two democrat in the senate leadership, dick durbin of illinois. senator, you just heard congressman, why did the president take this tact? >> he had no choice. i listen toed response. it is clear that they can complain, they can threaten, they can talk about lawsuits, cutting off funding, shutting down the government in the extreme even impeachment but the real question is, can they govern. can they govern? it's been 51 days since we sent the bipartisan comprehensive immigration reform bill from the senate which passed with 68 votes to the house of representatives. they have never called the bill. they never had a hearing on the bill. they never taken up any part of it. now they complain because the president stepped in said we need accountability when it comes to immigration. they have to step up and govern.

you asked the key question, do you among the republicans, mr. mccaul have your act together, do you know what you want? at this point it's not clear. they want to continue with current broken down system which is de facto amnesty? do they want to sponsor massive deportation. i hope not. or work with -- >> schieffer: let me ask you this. why, i'm just asking, i'd be interested in what your reaction. why didn't the president talk about that bill say, look, you guys have been saying you want to do something, send me a bill up here. i'll either sign it or veto or maybe once you send it up here i'll say couple things i don't like, can you change this. why didn't dough that instead of what they say just sticking them in the eye with a stick. >> let me try to recall back in july when speaker boehner was promising the president he was going to send him a bill. at that point the president

waited as he said strategic patience, whatever they send me i'll work with them. it never happened. the president said, i have this choice. what he's stepping forward to do now what most americans want to see, make sure that if you're living in this country undocumented you've been a drug dealer or gang banger you're gone, no ifs, ands or buts, put this criminal background check. make sure that those who are working here are paying taxes to our government we want to strengthen the border. the president wants to focus our resources make sure we have more security on the border to make certain that we are deporing those who are truly a threat to our communities. republicans talk about cutting the funding for the president's program, cutting funding for border enforcement and for deporting those who are dangerous to our country. >> schieffer: let us just quote what some republicans are saying to me, look, he's not trying to get anything done here what he's trying to do is force us in to doing something like

shutting down the government which he thinks will hurt us and hurt republicans in jeopardy for 2016. what would your ex plaintiff nation for that or answer for that? >> i hope, i believe that the republicans learned a lesson when senator ted cruz of texas shut down the government over affordable care act. it was a political disaster which they should never repeat. but the -- what the president is doing is saying i'm going to do what i can in my power to have accountability in immigration. now it's your responsibility. they had almost 20 days left this year to call the bipartisan bill from the senate. they could do that instantly. the week after thanksgiving. i hope that they will. that will really be an opportunity to see if the will is there in the house to pass it. >> schieffer: you talk about leader slip amongst republicans and are they together, are democrats together here? we know that in the senate

what -- we know of at least five democrats voted against harry reid. we know that his top aide is sitting here making disparaging statements about the president, blaming him for losing the mid terms. how does the president get along with democrats these days? >> very well. but i think there's reality. in the states the president did not carry, some of the states where there were dissass truss results, it's clear that some democrats are putting distance between themselves and the president. that's not unusual in american politics. but i believe that there is an overwhelming majority within the sebate democratic caucus for what the president is doing. we stood up on a bipartisan basis created a good bill to deal with immigration. we know now that the house has that same responsibility. i think all democratic senators stand behind the president try to make this a safer nation with this accountability also make certain that those who are working here with the temporary

work permit will pay their fair share. >> schieffer: why do you think the democrats did so poorly? >> historically off year elections, secondly there isn't a lot of happiness with washington, d.c. and as consequence a lot of people have given up on the front that washington can improve their lives. that accounts for the fall off in turn out in many states. i think we have the restore some hope and confidence. >> schieffer: do you see anything changing? >> i think it can. your earlier guest from the naacp talked about some of the issues facing us with race and crime. i'm working on a bill with cory booker and rand paul, also ted cruz to deal with smarter sentencing guidelines. there's an opportunity here, i hope that we seize it to do some bipartisan activities to move this country forward. >> schieffer: i think most people would say they hope you succeed. thank you so much, senator. we'll be back in a moment. daughter: do you and mom still have money with that broker?

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sexy. go national. go like a pro. >> schieffer: we'll turn now to the intense negotiations happening in vienna where sect of state john kerry and other world powers are negotiating with the government of iran over that country's nuclear weapons program. so far little prog now both sides are expecting there to be no deal. margaret brennan joins us now from vienna. >> well, bob, the u.s. and other world powers are making what they think is generous offer to iran which is gradually lift sanctions if that country agrees to further slow nuclear program. but iran is rejecting that at least so far. they want an immediate suspension of all sanctions which badly damage their economy and they haven't agreed to completely give up all of the components that could be used to

build a weapon. secretary kerry and iran's top negotiator met again today they have until midnight tomorrow to find some common ground. >> schieffer: what happens if there's no deal by tomorrow? >> the most likely outcome is extension of the current agreement which was reached last november and temporarily freezes iran's nuclear program for some sanction relief. that would let negotiators keep on talking, but it's hardly a victory. iranian hardliners are likely to say that talking is a waste of time and president obama can really wanted this as major foreign policy win going to face increased pressure from the newly republican led congress and mid east allies like israel and saudi arabia. >> schieffer: thank you, margaret. let us know if that changes. we'll be back in a minute with personal thoughts.

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treatment with xarelto® was the right move for me. ask your doctor about xarelto® today. >> schieffer: several weeks ago i noted that the election costnerly $4 billion. i posed the question, what did you the voter and the citizen get for that. my answer was, not much. well, i've done a little more digging now i can answer another question, what did the politicians get? well, it turns out same answer. not much. for all the effort by all those experts who charged the candidates these astronomical sums for all these half-baked schemes to get out to vote, for

all the commercials cranked out by the strategists who take a percentage of the money spent on tv commercials, for all of that voter turn out may have been the lowest since world war ii. only 37% of the eligible voters thought what happened on election day was important enough to vote. that at a time when every poll shows a majority of americans believe the country is on the wrong track. republican turn out was low but not as low as the democrats. so they can legitimately call it a wave. i take away nothing from their win. but my sense is most americans just felt wave of disgust with the entire process. only good news was learning the politicians got no more bang for their buck than the rest of us. back in a minute.

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>> schieffer: some of our stations are leaving us now for most of you we'll be back with more "face the nation" be talking more about the president's immigration reform actions with two members of the house, republican raul labrador and luis gutierrez.

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