>> schieffer: today on "face the nation" the great divide over race and another american dies at the hands of terrorists. we'll have latest on the failed mission to rescue photo journal list luke sommers in yemen. back home more trouble overnight in the aftermath of racial episodes in new york and missouri. we'll talk to key officials dealing with the firestorm. new york police commissioner william bratton, naacp president, cornell william brooks. plus scott thompson the chief of police in camden county, new jersey, where things are actually looking better in a once troubled community. we'll reveal new details of a controversial still secret congressional investigation in to cia interrogation method. and whether the reports release

could put american intelligence officers in danger as some officials fear. we'll put all in perspective with our analysts, documentary film maker soledad o'brien, charles blow of the "new york times," jean cummings of blockberg politics, david ignatious of the "washington post," gerry seib of the "wall street journal" former cio director. 60 years of news because this is "face the nation." captioning sponsored by cbs good morning we're going to begin with the failed rescue attempt on american journalist luke somers after the al qaeda group vowed to kill him. u.s. military launched way to try to free him. it was second attempt. somers was killed by his captives. for more on this daring rescue attempt we'll turn to cbs news national security correspondent david martin.

what actually went wrong here? >> lost the element of surprise. seals had been dropped off several miles away from the compound where luke somers was being held they tried to sneak up on the compound. but when they were about a hundred yards out something, perhaps as simple as a barking dog, gave them away. firefight broke out and during that firefight a figure, a person was seen running in to the building where sommers and another hostage were being held. and he was only in there for a few seconds. but that was long enough to turn his gun on the two captives. by the time the seals got there both men were mortally wounded, sommers and south african hostage. they had medic with them they tried to get him back to a ship off the coast of yemen, but not in time. >> schieffer: these things are so dangerous to start with. do you think we'll continue to

do this or perhaps are they too dangerous to attempt? >> like the old texas football coach said about the passing game, when you throw the ball three things can happen. two of them are bad. when you go on a rescue mission, you can get the guy, he can be missing or he can be killed. so the odds are against you going in. in this case they were even longer because there had been previous attempt to rescue these guys so the guards would have been on higher alert. when you know where the american is, you've been told that he's going to be executed within 24 hours, you don't have much choice. >> schieffer: david martin, thank you. turn now to the other major story that is the outrage following the new york city grand jury decision not to indict officer daniel pantaleo after he killed 4-year-old eric garner holding him in a chokehold following his arrest for selling cigarettes

illegally. this video we've seen over and over. mostly peaceful protests have been held across the country again from new york to seattle overnight. we'll begin our coverage with the commissioner of the nova scotia city police department, william bratton. commissioner bratton let me ask you, what could happen now to this officer? when do you expect the investigation in to this incident to be done, we know the grand jury has decided not to bring charges your department is looking in to it. what could happen to him and when can we expect results of your investigation. >> the administrative investigation which focuses on violation of policies, procedures, rules and regulations can now move forward. that is in fact occurring on friday we began interviewing police officers involved in that situation. we have not had access to during the criminal investigation.

our investigation may take upwards of three to now months based on past experience, number of officers, number of witnesses. it will probably conclude well ahead of the federal civil rights investigation which has just been initiated. >> schieffer: how did you feel, commissioner, you personally, when you saw this video and you heard him 11 times say, "i can't breathe" that must have been a hard thing for you as the commissioner to watch. >> well, i don't think that anybody watches that is not disturbed by what they saw that policing, involving use of force, always looks awful. you have an expression, waffle. criminal courts have decided, district attorneys, grand jury decided there were no criminal actions involved. now see if they were in violation of our policies and procedures. civil rights investigation were determined if there is any violations of his civil rights. >> schieffer: did it appear to you just looking at that

video that he did use excessive force. he said he learned -- did what he learned at the police academy. >> my understanding is that was the substance of his testimony to the grand jury. i will make the final decision in the nypd move forward with internal affairs investigation directed by our prosecutor, the department advocate. then be department trial potentially if the advocate founds there is violations. that is an open process, open trial. that trial judge will then make a finding make that finding known to me and i will make the final decision. i'm in the free to comment at all on anything i observed or my feelings i'm going to make the final decision. >> schieffer: in the meantime what are you doing, i understand you're going to order some new training? what actually are you doing in regard to the rest of the department? >> there's a lot happening here in new york city. we have a new inspector general

that is starting up. we have federal monitor that will be looking at violations of the stop question first practices going back to the beginning of the decade. we also have initiated prior to mr. garner's death a full retraining of all of our officers who work in the field, 22,000 officers, three-day training session that will be held every year thereafter. requiring new technology, everyone of our officers be equipped with smart phone technology where begun a pilot program on body cameras. probably no department in america right now that is doing more on these issues. lot of this is informed by my experience during 2002-2009 in los angeles where i headed up that organization responding to the federal consent decree after the riots of the 1990s. l.a. is city you want to look to in terms of how all of this can elfly turn out as i was living there in 2009. "l.a. times" opined in the area

of race relations which this is all about they opined that finally a corner had been turned on race relation, is that city was probably america's most troubled city. >> schieffer: the head of the police union of course famously said that the mayor, your mayor threw the police under the bus when he came out made statements about this. is this a serious riff between the mayor and police department and what are you doing about that? >> well, at the moment we are in contract negotiations, union president is entitled to voice his opinion, he is a member of the police department, he has two sons, one in the academy one is out on the street for several years. he has a perspective. this mayor, my mayor, is probably one of the best i've ever worked with. we're spending over $200 million outside our budget on new equipment, the smart phones i talked about, almost $50 million on over time training to get training accelerated. this is a player that has been

very supportive of equipping the police to deal with many of the issues that the city is facing. he's a progressive, certainly wants police to police constitutionally, compassionately, respectfully which is why he hired me we are shared mind. i think that comment while may reflect the attitude of the president of the union, i have great respect for, we have very strong difference of opinion on that comment. >> schieffer: all right. commissioner, we want to thank you so much for joining us. i know you have a busy, busy day. we'll turn now to the president of the naacp cornell william brooks. mr. brooks, you just heard the commissioner here, are they doing enough? >> in one answer, no. we're looking at the tragedy of eric garner as a single incident. it's not enough. to talk about training retrospectively as opposed -- as

to holding people accountable retrospectively that's where we have to go. yes, body cameras. look at training. we have to look at fundamentally changing the culture of policing in new york city and across the country. we have to change the model of policing. in other words, we are -- we have police serving the role as occupying army as opposed to using a community policing model, that's where we have to go. unless we're talking in terms of global, comprehensive reform it's not enough. we have across this country generation of young people who simply seeing that we believe based on imperical evidence, pandemic of police miss conduct. we are not a nation who put our heads in the sand. we have citizens who are rising

up and saying, now is the time. >> schieffer: let me just ask you about these incidents that have happened. do you think they happen by coincidence, what happened in missouri, people in new york saw that and this may have triggered the reactions there? we know what has been going on in cleveland. is there a connection between these three things? did they happen think by coincidence or lot of communities facing the very same problem and just all happened hat once here? >> as do citizens of new york, citizens across the country, we see here in terms much these incidents the police brutality and misconduct is part of larger, longer narrative. where you have generations of young men who have been criminalized and arrested en masse. the point being with a policing

that is predicated on essentially operating in the community not being of the community. that is fundamentally a problem. this is part of the longer narrative. we simply can't treat these as individual incidents, to be assessed in that way without talking about larger reform in terms of passing the federal racial profiling act, having a national standard or the excessive use of force. looking at and implementing a body camera policy and again fundamentally changing our policing model. nothing less than that is sufficient. >> schieffer: let me ask you this, you know the election of barack obama many people thought that the election of our first african american president would harold in a new era in race relations in this country, yet that does not seem to have happened. why do you think that is? >> well, election of president

barack obama may speak to our capacity as a nation. to look beyond race. it does not necessarily speak to the reality of race in this country. racism is alive and well so as i discovered in our journey for justice across 14 miles in seven days we met people who understood that there was a problem. also met people who put their head in to the sand. the fact of the matter is we have a generation of people, our children, who are being profiled. those are hard core facts. one out of every four young african american men believes they have business treated in a given month, that's a tough reality. we have to be careful with it. >> schieffer: we still have the divide. >> we most certainly do. >> mr. brooks, thank you soap much for joining us. we'll be back in one minute.

>> schieffer: this week the senate intelligence committee is expected to issue a long expected report on the cia's interrogation practices that were adopted in the aftermath of 9/11. this report is scheduled to be released tuesday but it is so controversial and it's expected to be so explosive that secretary of state john kerry called committee chair diane feinstein last week and expressed concern that its release now could endanger american facilities overseas as well as the lives of american diplomats and intelligence officers. we have learned that the report which was approved only by democrats on the committee concludes that the cia routinely went beyond what was legally allowable in using techniques

including waterboarding. it says these techniques were not effective in getting information and it alleges the agency systematically lied to itself, the white house, the department of justice and to congress about effectiveness of the program in order to keep it going. while the committee reports and findings are scathing, republicans on the committee and the cia reviewed almost all of the democrats' conclusions and say the release of the report will have a chilling affect on intelligence gathering and will endanger lives. the controversy over what could be made public became so heated we have learned that at one point cia director john brennan threatened to resign. to help us untangle this we are joined by bob orr and former cia director michael hayden. bob, i want to go to you first. we know the secretary of state

did talk to chairwoman feinstein, do you think -- what do you know about whether she still intends to go ahead with releasing this? >> she's in a tight spot. she's not tipping her hand. everyone we've talked to expect the report to come out tuesday if it does come out as you outlined this will be a public smack down of the cia. this essentially will accuse the agency in very strong language of going outside the law, doing too much without authority to try to get information from these al qaeda detainees. on top of that the committee, democrats are going to alleged that this went for no purpose. no good intelligence was gleaned. the cia will defend itself not necessarily defend the policy, but they are going to say look, we tried to stay within the bounds of the law in the shadow of 9/11 when things were very tough, we made some mistakes but in the end real intelligence was had. >> schieffer: also my understanding republicans are

going to enter a report of their own in to the record and i talked to republicans last week, they are apaplectic about the impact. senator saxby chandler says he is worried that lives may actually be in danger. that the facilities may be attacked when this thing gets out and he says simply not true. that the cia didn't do anything that they thought was illegal. that they went to the justice department and in their view of events and cia they say we were doing what we were told we could do. and they also remind us of what the circumstances were when these things were taking place. >> that's exactly right. this program, the detainee program was in 2002 almost from zero start. the cia admits that it didn't

have everything in place necessarily. some some mistakes were made. but over time a number of very important key pieces of intelligence were gleaned and allowed the cia to take key al qaeda operatives in to custody, to pull those strings to learn more about al qaeda now than we do then. i'm told that just about everything we know about the terror group al qaeda has come from the detainee and interrogation program in the last ten years that's valuable information b we want to go to general michael hayden he ran the cia from 2006 to 2009. he's in orange county, california, this morning. general, was the cia, we know that there was waterboarding in those months after 9/11. was that still taking place when you were the director? >> no. it wasn't, bob. in fact while i was director and under president bush's guidance we took waterboarding off the table. popular story that president

obama had done that, it was long gone before he became president. the last person waterboarded, total of three, was in march of 2003. >> schieffer: do you know of anybody from the cia in your view who lied to the congress about what was going on there or lied to people in the administration as this report is going to alleged? >> of course not, bob. this program took place over multiple years and it was very complex. senate democrat report was arguing over point a, b or c i'd probably still be here arguing my point ever view on each of those individual points. i would understand, though, that that was legitimate argument. but to say that we relentlessly over expanded period of time lied to everyone about a program that wasn't doing any good. >> schieffer: do you think the practices did do any good? did you get information?

>> i was a blank sheet when i went in to cia inmate may of 2006. the elephant in the room. what were we going to do with this the program. this was not my program up to that point. i was free to stop it cold. and i spent summer of 2006 looking at the facts, documents and most importantly, bob, people. i talked to analysts, i talked to in tear gators. at the end of the summer i recommended to president bush that we reduce the program, that we reduce the number of techniques, that the program had been so valuable that we couldn't stop it all together. own though now we had so much more intelligence on al qaeda from the detainees and other sources, even then the program had proven its worth that i did not in conscience, bob, in conscience, i couldn't take it off the table. >> schieffer: what do you think the impact will be if in fact the report is made public

this week? >> multiple layers, bob, first of all the cia workforce will feel as if it has been tried and convicted in absentia since senate democrats and staff didn't talk to anyone actively involved in the program. second, this will be used by our enemies to motivate people to attack americans in american facility overseas, i have genuinely concerned by that. as was the secretary of state and the director of national intelligence. then finally, bob, there are countries out there who have cooperated with us in the war on terror at some political risk who were relying on american discretion. i can't imagine anyone out there going forward in the future who would be willing to do anything with us that even smacks of political danger. >> schieffer: for sure this is story that will go on. if this report is released

democrats of course say the public needs to know about these things and that's their side of it. but we'll have more on this and we'll be back in a moment.

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snap life or death decisions, most of us never have to face. and sometimes as humans will they get it wrong. yet wherever you place the blame for these episodes we've seen play out on television, it's obvious there is serious disconnect between the police and african americans in many communities and it's all of our interests to fix that. demonstrations are understandable, it's what we do in america and they can be an effective way to illustrate a grievance but we must never forget the most effective way to affect change is the next step to vote. even though majority of americans felt country was headed in the wrong direction just over within-third of us bothered to vote in last month's election. that is not the way to fix anything. but if we really want to change things it's still best place to start. back in a minute. how could a luminous protein in jellyfish, impact life expectancy in the u.s.,

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