4:00. our continuing coverage goes on with "the ed show". >> good evening americans, live from new york, let's get to work. ♪ >> right now, it's really out of control. >> we need to keep the focus on michael brown jr. >> today my hope is that peaceful protesters will stay home. >> everyone on the ferguson market parking lot needs to disburse. >> they could not stand there. they could not assemble there. they had to keep moving. >> let's give attention to the peaceful, not those determined to disrupt. >> the cameras were rolling as a national guard started rolling out of south st. louis facility. >> it looked more military than anything else. >> the so-called militarization of local police forces.

>> to a community in ferguson rightly hurting -- >> justice will bring peace. >> let's seek to heal raerther than wound each other. we have to remain strong and the violence needs to stop. >> the violence needs to stop. good evening, the crisis in ferguson is only getting worse. only the last 24 hours not any better. monday night marked the tenth and intense night of clashes between police and protesters, a small group of people shot at police threw rocks and molotov cocktails and four st. louis police officers were hit by rocks and bottles and sustained injuries. 78 people were arrested throughout the evening. the majority of people arrested were from missouri but there were arrests from as far away as new york. it's clear the national guard is

being called into ferguson did very little to calm the violence. i thought it was a bad move, didn't get any better. earlier this morning, captain ron johnson made clear a small number of criminals are responsible for the violence. >> anyone who has been at these protests understands that there's a dangerous dynamic in the night. it allows a small number of violent agitators to hide in the crowd then attempt to create chaos. the catalyst can be bottles thrown, molotov cocktails and of course shots fired. protesters are peaceful and respectful. pro testers don't clash with police. >> in a different move, captain johnson also called for protesters to gather in the daylight hours. the police want to separate the criminal element from the peaceful protesters. >> because of the dangers posed tonight, i withant to encouragee

good people of this area to protest tomorrow during the daytime hours. make your voices heard when you can be seen and we're not the cover for violentage taters. that is my suggestion. i'd like the peaceful people in ferguson to consider that. >> attorney eric holder will be on the scene in ferguson tomorrow. the st. louis county prosecutor's office said a grand jury could convene on wednesday to determine if officer darren wilson will face criminal charges for the shooting of michael brown. meanwhile, i want to highlight another protest and compare it to what has been unfolding in the way it's happened in ferguson, missouri. for decades free loading rancher cliven bundy refused to pay his grazing fees. he says he doesn't recognize the federal government's authority. okay. in april an armed group of protesters came to defend bundy and get his cattle back.

the militia had no problem aiming their rifles at federal agents just trying to do their jobs. when things got too dangerous, the bureau of land management backed off and released cattle and ended the situation. bundy still hasn't seen punishment for lawless actions in the nevada desert. compare that to what's happening in ferguson, missouri. for the most part, peaceful pro testers are gathering in a call for justice for the killing of an innocent 18-year-old man by police. they are being met with an overwhelming police presence in a show of force. they haven't broken the law, many of them. unlike the blm and bundy situation, police are intensifying their presence. the national guard has been called in. police are harassing photographers and reporters. i think it's fair to say the police are making the situation worse with an overwhelming show

of force. cliven bundy's protesters, they point guns at federal agents and absolutely no charges are filed against anyone. in one single night of protests in missouri, 78 people were arrested. most of them were charged with refusal to disburse. what about that in nevada? compare those arrests to the man on the bridge pointing a rifle at federal agents. who do you think deserves to be arrested? my question tonight is when is all of this going to end? if the grand jury convenes tomorrow, clearly the wheels of justice are in motion. the president has gone on record with this situation. the attorney general will be on the scene tomorrow. the governor is going to continue to have pressure on him to do more. there's going to be a vetting process of this prosecutor to the enth degree. but maybe if the protesters were to back off and media were to

back off, which is probably just wishful thinking, maybe injuries would be averted. do we have to go through all of this at this point? i'm convinced personally that oh, yeah, something is really big justicewise going to happen in this whole thing. but do we have to see tear gas launched at people who don't deserve it? do they have to be protesting in a certain way to satisfy police? and the reports coming out of ferguson, missouri, lend us to believe that the police don't even know how to enforce all of this. let's all cool our jets for a moment and bring in james clyburn of south carolina. good to have you with us tonight. >> thank you very much for having me. >> when do the protests end? injure thoughts on what unfolded in recent days, showing up the national guard certainly didn't alleviate any of the pressure on anybody last night. what's your analysis at this

point? >> well, ed, the only thing i can compare this to is a history of these kind of protests. i agree with ron johnson, we can make the point by carrying out protests early in the evenings. i don't know that we have to wait until midnight in order to petition for a redress of grievances. i was thinking just today all of the times that i was ever arrested for protesting, it was all between 10:00 a.m. and noon. and we were very effective in carrying out other redress. i do believe that we ought to allow people to come home from work, 6:30, 7:00 in the evenings. let's have big protests movements and go to a central

place and express our feelings and then let's retire to our residence so we can be on time to start things over the next day. something needs to be done to keep the peaceful people of ferguson away from those people who are using the cover of darkness to carry out the unlawful activities. i agree with mr. johnson that that is the way we ought to go from this point forward. >> congressman, is it fair people in ferguson have been arrested for refusal to disburse while none of the bundy militia people were arrested at all? in fact, agents backed off. >> that's my point. i think when you have this lawless element using the cover of darkness, police officers get nervous. and we can understand that. i do believe that the police

ought to be assisting the protesters but i think that the people of the community may work with mr. johnson and get these grievances addressed in a way that can be effective. it's one thing just to do something. it's something else to be effective in what you do. i want to see the protest effective. >> congressman, the role of the president and the attorney general, obviously attorney generic holder has limited power. he can't tell the governor what to do or come in and change the prosecution. he can't set the grand jury. so from a federal level, from what we have seen so far, what are your expectations? how is this all going to end as you see it? >> well, we have two tracks going here. was the officer criminal in what he did? if so, that's a state issue.

did that officer violate civil rights of michael brown? that is a separate and i think a federal issue. i don't see why these things have to be mutually exclusive. these things can go on separate tracks at the same time. and maybe you want to stay the civil proceedings until after the criminal proceedings over but in order to conduct the kind of investigation that needs to be conducted, you don't have to wait to investigate. i think the fbi or federal officials can move now to begin developing the civil rights case as the grand jury will be meeting behind closed doors to consider whether or not any criminal charges ought to be brought. having said that, remember that the president of the united states whenever he cares to do

so can in fact federalize the national guard. it has been done in these kind of cases before. by both republican presidents and democratic presidents, there's nothing partisan going forward with this. dwight eisenhower did it in little rock arkansas back in the '50s. and john f. kennedy did it in the '60s. so this is not a partisan event. the president will be in his rights to federalize the national guard if it comes to that. >> what would bring it to that in your opinion? >> well, i think after the report of the shooting today, over in st. louis, all of this is kind of up in the air. i hesitate to say what might happen tonight because i don't know what all of the facts are in st. louis.

but i do believe that the president is right to send mr. holder there and i hope that the attorney general will be very vigilant in carrying out his duties and responsibilities and i i would hope he would interact with the people there, especially the clergy, who i saw on tv last night. they seem to have things pretty much under control in so far as they can deal with it. >> okay, congressman james clyburn, i appreciate your time tonight. thanks for joining us here on "the ed show. let me bring in e.j. dionne. comparing the situation in the past like kent state, where things can spiral out of control, back that day and i mentioned this last night, those national guardsmen were there to make sure everything was okay and that they were going to be

involved in crowd control. they did not go there with the expectation of shooting students. and not to say that that's going to happen in ferguson, but when you have so much force on the scene and you have so many emotionally charged people and now going into night number 11, who knows where the hell this is going to go. how do you defuse it? what's the best way to cool everybody's jets on this? >> well, i think bringing in captain johnson of the state police was a good move right off the top, each though this hasn't had the effect people hoped. he has been so clear in defending the rights of peaceful protesters while trying to separate them out from as he put it earlier, the acts of violent criminals. so i think that was a step in the right direction. i also think obviously that the hyper militarization, bringing out all of that equipment really

made the situation worse. although i'll be perfectly honest with you ed, i don't know how exactly once something like this gets out of hand you can deal with it. i would say the kebt state and also killings around the same time in jackson state in mississippi were part of a nationwide protest against president nixon's decision to go into cambodia. this started out as a terrible but isolated case but it's developing a real national impact both because of the nature of our media, but also because the issues of the militarization of police forces and dangers faced by young black men, this is becoming now a symbol for this larger argument that we have been having for a while as a country. this is really brought it home to us. >> the thing i fear, this is going to be the benchmark issue and also example of how black

communities in america are treated if they have an issue and want to protest. just bring out all of the force you possibly can seand let them have it. i don't believe that would happen this way in other communities. so i just don't feel that local law ep force. has got a real pulse of this community where they would know how to handle this crowd. i think clergy plays a huge role right now and seem to be doing everything they can. when you see these images, how will this further the dialogue on race relations in america if this is how minority communities are met when they have issues? >> i couldn't agree with you more. you mentioned the comparison with the bundy case. yes, of course, arrest people who are violent, those folks last night. but the notion that peaceful protesters are going to face some kind of charges when the

guys in nevada did not face charges, there's something wrong with that. there's something wrong with the hyper military response to peaceful protesters. people in ferguson have and had a legitimate grievance. and we've talked before about the disparity between the local -- makeup of the local police force versus the makeup of the community. people have to feel represented in their government. and i think you are going to see i suspect a real political result, not in a bad way but good way in the next elections there where people are going to step up and say, wait a minute, this isn't how the government of our town, our city ought to behave. >> e.j. dionne, good to have you with us tonight. thanks so much. coming up, journlgists are being harassed and i am tim dated for doing their job. plus, a grand jury could convene tomorrow to decide if officer

darren wilson will face criminal charges. mike papantonio brings us the latest details. [ woman ] the cadillac summer collection is here. ♪ ♪ [ male announcer ] during the cadillac summer's best event, lease this 2014 ats for around $299 a month. hurry in -- this exceptional offer ends soon. ♪

let's show 'em what a breakfast with whole grain fiber can do. one coffee with room, one large mocha latte, medium macchiato, a light hot chocolate hold the whip, two espressos. make one a double. she's full and focused. [ barista ] i have two cappuccinos, one coffee with room, one large mocha latte, a medium macchiato, a light hot chocolate hold the whip, and two espressos -- one with a double shot. heh, heh. that's not the coffee talkin'. [ female announcer ] start your day with kellogg's frosted mini wheats cereal. with whole wheat goodness on one side and a hint of sweetness on the other, it's a delicious way to get the nutrition you want. it's a delicious way machines will be sprayed to be made. and making something stronger... will mean making it lighter. one day, factories will work with the cloud.

one day... is today. to be clear, our constitutional rights to assemble and report in the press must be vigilantly safeguarded. >> welcome back. thanks for watching tonight. hours after president obama expressed his support for reporters on the ground in ferguson, six more journalists were arrested during last night's clashes. at this point journalists in ferguson look more like they are reporting from a combat zone. many are wearing tear gas masks or bullet proof vests. protesters and journalists have been forced to dodge tear gas, bean bags or rubber bullets. journalists are being confined

to designated zones which can change at the whim of whatever law enforcement or somebody pete r pointing a gun at him changes his mind. journalists are facing harass. and intimidation and arrest from law enforcement officers there to protect and serve, a total of 11 have been arrested since the protest started. folks, this is america in 2014 and freedom of the press is under attack as i see it. what's going on in ferguson is hard to watch, which is exactly why it needs to be documented. imagine the potential of unchecked power if all eyes were not on ferguson. the free and unrestricted flow of information to the public is something which sets our country apart. we're not a policed state and american people deserve the full story. joining me tonight, matt pierce for the los angeles times and contributing writer for the new yorker. both gentlemen obviously on the ground.

matt, what have you witnessed that you would consider to be overboard treatment of journalists on the ground? >> well, ultimately it's not my place to say what is overboard. that's the public's decision. it is hard to see the action when we're placed in pens from a distance from where police are shooting tear gas at demonstrators and many of whom are peaceful, some of whom are not. it's hard to see that and i i know that police are saying they want to do it for our protection and their protection but we're supposed to be out there as an independent eye for public. we can't do our job if we can't see what's happening. >> do you think the media is being picked on? >> i don't know if i can say the media is being picked out been they are treating the media indiscriminately and there appears to be a degree of an tag nix towards the media. i'm not comfortable with the

idea that people are being prevented for entering for their own safety because news reporters cover wars and go into places where there are actsive conflicts under the time. under the gooiz of protecting journalists it gives a great deal of leeway to do things the public would be not happy with were they to witness it or were they to witness it through the eyes much a reporter. none of this makes me comfortable. >> would you say that the law enforcement officials who may have been there night after night so far are just losing their patience and getting tired of this, fed up and just going to make a move on it and maybe not using their best judgment considering the circumstances? >> well, possibly but an tagnism preceded that, ongoing theme in the way people interacted. i got here on wednesday and there was that dynamic then. so perhaps it's gotten worse but

it certainly didn't just start, didn't just begin. >> in a news conference late last night, missouri state highway patrol captain ron johnson had this to say. >> i'm going to tell you in the mess of chaos when officers are running around, we're not sure who's a journalist and who's not. so yes, we may take some of you into custody. but when we do take you to custody and found out that you're a journalist, we have taken the proper action. in the midst of it we cannot, in the midst of chaos and trying to move people on, we have to be safe. >> matt, what's your response to that? >> well, i'm not entirely sure if that is currently the case as of last night we had a reporter for the intercept get arrested and he was held in jail overnight. i've not heard an explanation for why he was held that long. i imagine he identified himself

as press. i understand that out on the ground things can be really intense and maybe foot level officers may not have been properly trained or may not be completely calm in a situation in which we have jourmists standing out with demonstrators and sometimes the journalists aren't clearly marked as press and maybe they arrest them, but for a journalist to be sitting in a jail cell overnight requires a little bit more explanation. >> there's a lot of journalists returns around without the usual camera equipment. they have their iphone. that's how our business is these days and social media is a big part of what they are doing. they become eyewitnesses and say by the way, i'm a journalist. has that been part of the problem? the method of reporting is more contemporary than it used to be? >> there's that, certainly. you know, i had that concern myself where people didn't necessarily think i was a

reporter, granted i don't look exactly like what their idea of a reporter might look like. but that is one of the other dynamics, people are whipping out cell phones. there are people who have kind of clearly identifiable things, cameras that only a media organization would have. and it doesn't seem they are being treated much different either. >> do you think there's been different instructions given to the media in dealing with this that maybe law enforcement is not really consistent in the way they are handling it and i know it's a chaotic situation? it's not going to be a perfect world but has there been confusion on what's expected you and what is and isn't allowed? >> well, there have been different people in charge at different times. one of the things to echo matt's point, the station set up, the safe point that was set up for media yesterday was fully amile, if not a little bit more from where the protests and real exchange between the

demonstrators and police was happening. and so is that really for safety? is that to make it more difficult? is it from coming from the national guard, coming from captain johnson? it's all very hard to know right now. >> matt pierce, is this nothing but a big balancing act on the part of media, you want to get in the crowd and don't miss anything but pay attention to what the cops are saying at the same time. this becomes really a -- it's social engineering of a story about how you have to cover it and you have to use your instincts to know exactly what the limitations are. how else do you read it? >> i think you're right to call it a balancing act. it's a balancing act to get the story and to make decisions for our own safety and balancing act in terms of listening to police. when the police say there's a curfew at midnight, no one should be on the streets, does that include journalists?

is the first amendment pen we're locked up in, is that going to be constitutional? those are the kind of things i'm thinking about. then the fact it's also dangerous in the field too. we've had at least seven people who have been shot over the last week or so of demonstrations, two last night, two the night before, one the night before. you know, it's dangerous out there. i've had demonstrators warn me that there were people coming with guns and heard gunshots, it's not a safety environment and it's also not very clear in terms of what we should do either for our own safety. and what we should do in terms of listening to the police and how we can balance that with the need to get the information to the public and need to keep safety. >> finally, do you think there are journalists on the scene who don't care if they get arrested? >> i think that might be the case, but i'm not one of them. i'd like to keep doing my job. >> i can't speak for anyone else.

i am trying to -- i think if i were to get arrested it would make it difficult for me to observe what's going on. it's a deter ent in that sense and that's the only concern i have about it. >> great to have both of you with us. stay safe. coming up, ferguson citizens call for the arrest of the officer who shot michael brown, plus the right wing pushes the black on black crime narrative. next i'm taking your questions, ask ed live, just ahead. we're right back.

if you don't think "feed the then you don't know "aarp". our drive to end hunger has donated 29 million meals, and counting. find more real possibilities at aarp.org/possibilities. [ male announcer ] when you see everyone in america almost every day, you notice a few things. like the fact that you're pretty attached to these. ok, really attached. and that's alright. because we'll text you when your package is on the way.

we're even expanding sunday package delivery. yes, sunday. at the u.s. postal service, our priority is...was... and always will be...you. our priority is...was... moderate to severe is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing. when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic

reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible. our ask ed live segment, our first question comes from tom. where is the tea party group's outrage over the mill tear triization of the police? it is in a minority area. so i wouldn't expect them to have any outrage. yes, he do believe they are racist. that's my opinion. they haven't proven otherwise.

as far as the militarization of the police, i'm all for law enforcement having all of the tools they need because the department of homeland security most recent roert says the biggest threat is within our borders with the anti-government militia groups popping up all over the place. it's how they use the equipment is the key question. our next question is from nicole, she wants to know, do you think tensions might ease if it is announced darryn wilson has been arrested? >> i would hope the tensions would ease if the grand jury is convened tomorrow. if they want justice, there are processes that have to be followed. that would be a big first step, convening the grand jury. but yes, i would think that tempers would cool and emotions would settle a little bit once we get the wheels of motion. i have a great deal of confidence this is going to happen.

>> here's your cnbc business wrap. the dow jumped 80 points and nasdaq added 19. one reason, housing market is improving and home construction topped expectations and housing starts surged nearly 16%. apple shares returned to triple digits hitting $100 for the first time since the split in june. everyone is all excited about the new iphone coming out next month. and steve ballmer officially stepped down from the company's board. he wants to focus more time on his team the l.a. clippers and i think doc rivers doesn't have a windows phone. that's it from cnbc, first in business worldwide. his shoes! and a third simply doesn't want to be here. ♪ until now... until right booking now.

♪ planet earth's number one accomodation site booking.com booking.yeah! you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure.

do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial.

ask your doctor about cialis for daily use but parallel parking isn't one you do a lof them.ings great. you're either too far from the curb. or too close to other cars... it's just a matter of time until you rip some guy's bumper off. so, here are your choices: take the bus. or get liberty mutual insurance. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. call liberty mutual insurance. welcome back to the ed show as protests continue in

ferguson, missouri, the calls for action against officer wilson grow louder. he is currently on paid administrative leave from the ferguson police department. a missouri grand jury could start hearing evidence as early as tomorrow to determine if officer wilson will be charged in the man's death. a spokesman for the st. louis county prosecutor attorney told nbc news the charges could range from first degree murder to involuntary manslaughter but wilson may not face charges at all. the spokesman did not give a time line for the case. now friends of the officer are speaking out in his defense. on friday, a caller to a radio show identifying herself as a friend of darren wilson rekointed the version of events told to her by wilson's significant other. nbc news has not independently confirmed the identity of the caller or relationship to wilson. >> at one point he got the gun totally turned against his hip and darren, you know, shoves it

away and the gun goes off. well, then michael takes off with his friend. they get to be about 35 feet away and you know, darren of course protocol is to pursue. so he stands up and yells, freeze. michael and his friend turn around and michael starts taunting him, what are you going to do about it? you're not going to shoot me. then he said all of a sudden he started to bum rush him, come at him full speed. he started shooting and he kept coming. he really thinks he was on something because he kept coming. it was unbelievable. then he finally ended up -- the final shot was in the forehead and fell about 2 or 3 feet in front of the officer. >> joining us tonight on the rapid response panel, mike

papantonio's papantonio, great to have both of you with us tonight. the number of autopsies do you expect there would be a lot of difference in the findings of these three autopsies? >> i suspect that we're not going to learn anything different from in the third autopsy. i think you have to remember the first autopsy gets the best look at the body. relatively pristine. there's a dissection done so that the next time, the second autopsy done by michael baden at the request of the family is going to be looking at the body that's already been dissected. there's going to be a second dissection, organs are removed and put back in place. by the time the third autopsy is done, the body looks different than it did initially. but i think there's not going to be any significant differences in the conclusions. >> that sound bite that we just played, that depiction told through a third person, talks about a struggle for a firearm.

would that show up in an autopsy in any way? >> it's a good question. if there was indeed a struggle for the gun and if indeed michael brown touched that gun and they were wrestling over that gun, i would expect to see a transfer of michael brown's dna onto the weapon. so dna analysis using the high sensitivity method would pick up a mixture of dna and if mr. brown's dna is on that gun, it will shed a great deal of light as to events that led to the shooting. >> what about the struggle for the gun, of course, dna testing not done in an autopsy. >> that's correct. >> the autopsy is only one piece of the puzzle. >> of the whole thing. so speaking of pieces of the puzzle, what do you think is missing here at this point? >> well, we know there was six bullets that penetrated the body. unfortunately only three bullets

were found. what happened to the other bulle bullets? but more importantly, how many shots were fired, how many rounds were fired. if you're talking about a semiautomatic, there's a magazine, magazines can hold, nine, ten, 12 rounds, where are the shell casings? how many shell casings are there? perhaps the police officer fired a warning shot. we don't know that. that's only part of it. we don't have the gunshot residue evidence because if the gun was shot in the vehicle, i would expect to see gunshot residue all over the passenger compartment of the vehicle. and on michael brown's clothing if the shot was close in. in other words, you can look at the pattern of gunshot residue around the holes in the clothing and if you see that ash, that pattern, you would be able to conclude that the shot was fired from under two and a half, 3 feet, but so far we don't know anything about that because dr. baden didn't have an opportunity

to look at the clothing. it looks now like the shot was more at a distance. >> mike papantonio, let's focus in on what the radio show produced as far as that sound bite is concerned. how do you unpack that? >> etd ed, the forensic story is hugely important to this case, if the case ultimately makes it to trial. that's the big question here. more important is the development of eyewitnesses that support the forensics. right now one of the most important steps the da should be taking is to get solid statements from as many witnesses as possible and then start a prosecution witness vetting process to identify the strongest trial caliber witness. i can tell you that's what the other side is doing. that's what the defense side is doing. if you look at what this woman had to say in that radio segment, for example, you'll find it almost tracks exactly what the report -- what the police report says. so here you've got a da --

here's the real troubling problem here. you've got a da, you have a prosecutor, bob mccullough, his father and mother and brother and uncle, all worked for the police department. this is the guy going forward with this case. as a matter of fact, his father was killed responding to a call that involved a black man right there in that community. the problem, ed, you'll find very few places in small town america where the good old boy relationship between the da and law enforcement isn't overwhelmingly strong. the same thing holds true for grand jury. the local grand jury should not be the people deciding this. a prosecutor can push a grand jury to reach virtually any decision he wants in how he presents that information to the grand jury. it's time for the governor to move the center of gravity away from ferguson. >> that was my next question. this is on the governor's desk, is it not when it comes to the prosecution process here? he can step in as an executive

and reassign the da -- the attorney general cannot do that. does not have that jurisdiction. >> that's correct. it's time for the governor -- i say move the center of gravity away from the da and grand jury, look, there's so many things that are critical here. if the forensic and eyewitness story, for example, develops in a way that puts officer wilson within a few arms lengths away from michael brown and then the defense, it's a classic defense, the defense has an easy time painting a picture of panic of reasonable fear on part of the officer. the argument becomes that human -- to commit murder. the arguments made that the officer panicked because of size of brown or didn't have experience, all of this matters in how this is presented to a grand jury. >> it looks like he is going to be the one presenting it to the grand jury. what is a grand jury going to be

looking at? what is the most telling piece of evidence here to get an arrest? >> well, i think the thing they should be looking at is the eyewitnesses -- he has very credible eyewitnesses to present this story of what happened. the forensics can mean anything, ed. you can take one expert and put him on the stand and ten minutes later put another expert on the stand and turn the forensics on their head. >> doctor, i want you to respond. >> i disagree. i think eyewitness testimony is notoriously unreliable. the only evidence that should be trusted is the physical evidence analyzed by labs that know how to do it. and facts get generated and people reconstruct the events. >> we disagree with that. i tried enough cases to know that doesn't work. the eyewitnesses, if they are properly vetted and if they are on the stand and they present the case consistent with the forensic post tour, the

prosecutor takes, it's very powerful. i disagree with you totally relying on forensic evidence alone is a huge mistake here. do not discount the power of a good eyewitness when it comes to turning a case around. i totally disagree with you on that. >> great to have you with us tonight. appreciate the discussion. coming up, the right wing media reacts to the events in ferguson. stay with us. we're right back. so i can reach ally bank 24/7, but there are no branches?

24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates. to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

live in the same communities that we serve. people here know that our operations have an impact locally. we're using more natural gas vehicles than ever before. the trucks are reliable, that's good for business. but they also reduce emissions, and that's good for everyone. it makes me feel very good about the future of our company. ♪ where the reward was that what if tnew car smelledit card and the freedom of the open road?

a card that gave you that "i'm 16 and just got my first car" feeling. presenting the buypower card from capital one. redeem earnings toward part or even all of a new chevrolet, buick, gmc or cadillac - with no limits. so every time you use it, you're not just shopping for goods. you're shopping for something great. learn more at buypowercard.com

welcome back to "the ed show." law enforcement sources confirmed to nbc news the federal autopsy of 18-year-old michael brown is complete. according to the justice department attorney general eric holder was briefed by phone on the preliminary findings. no information has been p released as of yet. a short time ago lawyers for the family of michael brown announced a funeral will take place monday, august 25. we'll bring you any new developments as they are released. keep it here. we'll be right back. and "minus" our expenses.

perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... one-seventy-five a month. good calculating kyle. good job kyle. you just made partner. our best-ever pricing on mobile share value plans for business. now with a $100 bill credit for every business line you add. let that phrase sit with you for a second. unlimited. as in, no limits on your hard-earned cash back. as in no more dealing with those rotating categories. the quicksilver card from capital one. unlimited 1.5% cash back on everything you purchase, every day. don't settle for anything less. i'll keep asking. what's in your wallet?

[ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ she can print amazing things, right from her computer. [ whirring ] [ train whistle blows ] she makes trains that are friends with trees. ♪ my mom works at ge. ♪ could help your business didavoid hours of delaynd test my mom works at ge.

caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract. pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal. hire an intern. and still have time to spare. go to comcastbusiness.com/ checkyourspeed if we can't offer faster speeds - or save you money - we'll give you $150. comcast business. built for business. welcome back to "the ed show." the right wing is pushing the narrative again. the tension underlying ferguson, missouri east unrest cannot go ignored. >> i have said this before. in too many communities around the country a gulf of mistrust exists between local residents and law enforcement. in too many communities, too many young men of color are left

behind, seen only as objects of fear. >> in primetime, fox news's ed henry says acknowledging reality is a mistake. >> look what happened with cambridge, massachusetts, when he said the police acted stupidly when it was an ongoing investigation. that was a mistake. trayvon martin case, the nation was inflamed over that to some extent. he jumps in and says if i had a son he might look like trayvon. those were clearly mistakes. >> fox news and henry didn't waste time criticizing the department of justice investigation. >> it's been more than a week since broub was killed. sure the justice department will keep the pressure on. make sure -- >> the full resources of the department of justice. >> on the other hand -- >> that's incredible. >> it is. look at these numbers. this weekend i checked, 11 shoot ings, two dead, 19 wounded. chicago, seven dead, 29 wounded.

ed henry, uh i know you are better than that. joining me, holland cook. is this the narrative playing out across the country and the conservative media that there is something wrong are with the way the president and attorney general holder are handling this? >> no matter what, it is obama's fault. he didn't go to the border when they were all posing for the photo op. if he did they would accuse him of grandstanding. you have voices on the right like the old light beer commercial. they used to holler tastes great, less filling. some are hollering where is he and some are hollering where is he. is he doing too much or too little? all the fox news voices you played, of course, are on message. . they are reciting the words of the leader. let there be little doubt as to why rush limbaugh has ratings problems. i and i'm sure everyone in the

building there at 30 rock today are thinking fondly of the late, great don pardo we lost in '96. started in broadcasting in providence, rhode island when radio was a kinder, gentler medium than the relentless anger. to be fair to rush limbaugh, i have hand copied sound bites from the transcript. in rush's view what's happening in ferguson is a soap opera. he says, quote, it's all politics disguised as sorrow and sadness and compassion. he might feel differently if he were a parent. he says the democratic party, i think, profits from racial strife. ironically, you know who doesn't profit from this is rush himself whose own company just took his show off its own station in pittsburgh. they abandoned the talk format

entirely and went country last week. so rush who was a disc jockey on a.m. in pittsburgh is back on a.m. in pittsburgh. you have seen the ratings tanking the big markets. >> how does the right wing want to address race and the killing of an unarmed 18-year-old by a police officer? they find fault with everything politically. >> of course. it's like a fax goes out first thing in the morning. the mantra they are chanting is "chicago, chicago." like nobody is covering chicago. it's all they hear about on fox news. how can they say nobody is covering it? they are trying to scapegoat the president. >> great to are have you with us tonight here on "the ed show." tonight will be night number 11. i pray there is no violence. message has been received. the wheels of justice are in motion.

you have to have some level of confidence that this is moving forward. i hope you will pray tonight, too, that there is not going to be any violence and hopefully this will all end soon. that's "the ed show." i'm ed schultz. "politics nation" with reverend al sharpton starts now. good evening. >> good evening, ed. thanks for tuning in. breaking news tonight. a new phase of the investigation into michael brown's death begins. according to the washington post, st. louis county prosecuting attorney bob mcculloch plans to present evidence to a grand jury tomorrow to consider charges against officer darren wilson who shot michael brown last saturday. also tomorrow, attorney general eric holder will travel to ferguson where he will meet with fbi agents and prosecutors from the justice