civilians in cowardly acts of violence. they abduct women and children and subject them to torture and rape and slavery. they have murdered muslims, both sunni and shia by the thousands. they target christians and religious minorities, driving them from their homes, murdering them whenever they can, for no other reason than they practice a different religion. they declare their ambition to create genocide against an ancient people. so isil speaks for no religion. no faith teaches people to massacre innocence. >> kidnapped in syria nearly two years ago, isis claimed responsibility for that brutal killing which has been shown on video around the world.

nbc joins us live from the pentagon. jim, how does this gruesome killing affect the search for steve sotloff, the other journalist still being held by isis? >> i'm sorry. i didn't get the question, ronan. >> how does this new announcement from the president and the video itself affect the search for steve sotloff, the other journalist being held by isis? >> the search for foley and sotloff have been going on for years. it's believed they are being held in syria. the u.s. military has no military forces in the air or on the ground there at syria. but i can tell you, one of the big questions, of course, was the threat from isis, that if the u.s. continues these air strikes, there would be similar killings. the u.s. military went through this in the opening war itself in iraq.

when al qaeda in iraq was grabbing americans and other foreigners and beheaded them on camera, yet the military proceedings. the portland made it clear that the u.s. would continue to support the iraqis and the kurds in their efforts to fight back and beat back isis. so there is no backing off on the part of the u.s. military. and i guess you would say it's written in stone that the u.s. military cannot be held hostage to terrorist threats. so the president made it clear that the u.s. military was not going to back down at this particular time and to make it even more clear, there were at least 11 air strikes against isis targets in and around that mosul dam region overnight after the release of that video showing the execution of james foley. >> and clearly with those strikes overnight, there's no sign of momentum slowing on

this. do you foresee any policy shift in the wake of this kind of brutality of tactics from isis? are we going to see more resources possibly at least devoted to the quest to find imprisoned journalists? >> at least in this latest episode. it was clear that ooiisis couldt stand up against the u.s. military might. they went back to the terrorist tactics, the intimidation tactics of beheading on camera, which, again, if you harken back to the early days of the iraq war, that was pretty much the strategy in iraq. they didn't even have the kind of power, the military force, the backing, the money that isis has now. so there are all sorts of resources and arms, munition, money that isis can fall back on but in terms of responding to the u.s. military, this was the

only real, and they would hope, effective response that they possibly had. >> jim miklaszewski at the pentagon, thank you for helping us understand this horrible situation. the foley parents are in mourning. the family released this statement. "we thank jim for all of the joy he gave us. he was an extraordinary son, brother, journalist and person. please respect our privacy in the days ahead as we mourn and cherish jim." we're not going to be airing the beheading but it's a highly produced piece of work posted online yesterday and shot with multiple camera angles. it shows one isis militant holding a knife who, in a british accent, calls it payback. he's then murdered. in the last hour, jim's former boss from the global post said this to msnbc. >> something needs to be done to

respond to this brutal murder. i think we have to take a stronger stand with the islamic state. i'm not an expert. i don't know exactly what should be done. but this brutal murder of an american citizen cannot go unanswered. the position of our government is not to pay a ransom. it's understandable why that position would be taken. whether it continues to be the wisest course, i think we have to reconsider that. >> joining us now, nbc's jim neely. he's in erbil, iraq. what has the reaction been to this murder? >> people on the ground and around the world, there is univers univers universal revoltion. using this opportunity to appear

for more help, that isis is a threat not just to iraq and syria but to the west as well. also, the british government saying that the foreign secretary again using the same word president obama did, a cancer. of course, it's clear as we've heard that the man who killed jim foley in that video has a british accent and is almost certainly a british national. >> bill, is there any word on the uk police's response? we're getting word already that they are investigating the video. any news on that? >> reporter: yes. british intelligence agencies, including scotland yard's terrorism unit has been analyzing that video and using voice recognition software to try to see if they can identify the man, if he pops up in any of their data, in any of their files, in any of their recordings. we know that there are at least

400 british citizens who have gone to iraq and syria and joined isis or isil, as the president has called them. and also that there are perhaps dozens of americans. perhaps up to 100. so i spoke to british eiraqi citizens who say these people pose a threat to the u.s. it's not just what they do here. it's the first time that they have killed a western hostage but also to use the word that philip hammond used, they would use their skill and craft to go back to the west and to commit acts of terror in britain, in europe, and in the united states. >> a very dangerous part of this conflict. jim foley's family is calling on the kidnappers to spare the lives of any remaining hostages. do we have any information about how many of those there might

be? >> reporter: well, as we've heard, there was one other hostage shown in a video last night. he's a journalist who has worked for "time magazine" and we do not want to -- yes, that's right. we believe there are other americans. their families do not want their names released. there is a media blackout, if you'd like, on that. but more seriously, we think there may be more than 30 westerners who may be being held in iraq and syria. they are foreign workers. some of them are being traded between these various groups and it's almost as if isis is collecting them to use as bargaining tips, as hostages for any future moment as we've just seen with james foley. efforts to try to release these people have been going on for a very long time but it's incredibly difficult, as it is

in afghanistan. in syria, for example, the united states and the uk, france, others don't have a base from which to launch any kind of rescue mission so rescuing these people is incredibly difficult and they remain in the hands of extremely dangerous and a group with deadly intent against the hostages that it holds. >> it is deeply troubling, bill. bill neely, thank you. stay safe out there. we're going to be right back with more of today's news in just a moment. don't go away.

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promising a full and independent investigation. the grand jury convened for the first time to discuss charges against officer darren wilson. protests broke out at the courthouse in the last hour. this follows a relatively night of calm on the streets of ferguson. >> if you're in the middle of the street, you're unlawfully assembled. you need to disperse immediately. >> captain ron johnson described the night as a turning point. >> tonight we saw a different dynamic. protest crowds were a bit smaller and out earlier. we had a response of fewer incidents than the night before. there were no mo lclotov cockta tonight. >> craig melvin is on the ground. how are people responding to the

attorney general's arrival? >> reporter: we do not know what his next stop is going to be. he met with community leaders in ferguson. the folks that we talked to here are, as you might imagine, a bit anxious. that's the best way to describe how they feel about the attorney general's visit. a lot of folks that we've talked to over the last few days have been fairly unanimous in wanting one thing. they want charges filed. they want an indictment filed against the officer responsible for the shooting here. there is, as you have been reporting here, a lot of folks on the ground have been reporting as well, there is, shall we say, a general distrust of the system here in ferguson. a lot of folks have been calling on the federal investigation that the attorney general announced. there have been a lot of folks clamoring for that to happen. i think a lot of people are very

anxious to hear what the attorney general says. we don't know whether he is going to be making himself available to the immediamedia a point but a lot of folks are listening and waiting to hear what attorney general has to say. >> tell me what you've heard about the reaction to the grand jury. >> the protests outside the courthouse this morning we're told at one point there was a bit of a clayton county courthouse, 20 minutes from where we are in ferguson. in regards to reaction to the grand jury, again, you know, people here very much

distrustful and it's very interesting because i asked whether if that happens and seemed to think that that was something that was going to take some time. we've got to remember, even if that does happen, even if charges are filed, there's still a trial and that is something that would undoubtedly put this community on edge all over again. >> still a lot of uncertainty. craig melvin, really appreciate the fact that you are out there. >> thank you. this peaceful protest is causing a political fight as well primarily centering around the prosecutor.

calls for prosecutor mcculloch to refuse himself. >> some of the video leakage, all of those things are suspect. >> i know the family's concerned about the grand jury process. they don't understand why they won't charge a police officer. why did it have to go to a grand jury. >> governor jay nixon weighed in last night saying he won't remove mcculloch but added that a prosecutor can recuse themselves. departing from this established process will unnecessary inject legal uncertainty. questions about whether the leadership has responded quickly enough, spoken sensitively enough to a hurting and tense community.

joining me is peter tender. good to have you back on. we have new sound from prosecutor mcculloch. he spoke from our missouri affiliate. take a listen to that. >> i understand that there are some who legitimately believe or honestly believe that they don't think i'm best suited for this case, and that's fine, i understand that. not everybody is always happy with what is going on. so what i'm trying to convey to them is i've got that responsibility. i've not walking away from it. >> mcculloch saying he's not going to recuse himself. has he handled this investigation so far? >> prosecutor mcculloch has been elected four times overwhelmingly each time. he was endorsed two weeks ago by the voters, again by a landslide in his primary. those are expressions of

confidence. now, as to every tactical decision that's been made here, i can't pass judgment on those. governor nixon is the one who needs to choose some leadership here. if he has the power, and apparently he does to remove this prosecutor, he should do so. he has issued very ambiguous statements saying he's not going to remove him but has not said that the prosecutor has confidence. with extraordinary executive power in a state of emergency, it's time for governor nixon to start being a contributor across the nation rather than being one who detracts from it. those of us who would like to support the governor in his various policy decisions don't know what the policy is from each 12-hour period to the next. it keeps getting jerked back in

a herky jerky fashion. if you want to support this governor, you're never sure what the ground is going to be underneath your feet in 12 hours into the future. >> let's look at that question of nixon's leadership in this specific case of handling mcculloch. is he defending mcculloch or offering him subtle pressure to step aside? >> well, ronan, i refer you to the very, very tough statement from mcculloch himself issued this morning. he said it was classic nixonian double-speak. that statement was not included, i don't believe, in the sound you just played me. it was a very tough statement from prosecutor mcculloch who was saying governor, either support me in this mission or remove me. stop the ambiguity.

we need some leadership on this issue and across the board and instead we got a very troubling statement last night from governor nixon insisting on that strange video he put out, insisting that we needed to have a vigorous prosecution. now, we want a vigorous investigation and i believe we're having it, state, federal, and local. we can have confidence in the investigation that is under way now at three different levels. but to call for a vigorous prosecution, the governor is a lawyer. you are a lawyer, graduate of distinguished law school and you know that any prosecutor who made the statement that the governor made last night would be subject to sanctions by the judge for making such a prejudicial statement. and i would urge you to have -- >> it's a fair question. >> i would urge you to have an

intellectual person on laike aln dershowitz. >> i want to make sure we address this while you're on the air. we saw comments that you yourself made using this phrase, "the lieutenant governor while admitting racial problems exists, innames them by repeatedly referring to anglo-american law and culture ruling. >> i would not use that phrase again. what i was referring to and i apologize for some people having that reaction. i apologize for that use of language. let me just say, all i was referring to was the priceless heritage of the english american system of constitutional law that dates back to the mag

magmagn magna carta, the bill of rights, the guarantee to all citizens that we have, the right to a jury trial of your peers, the right to face your accuser and to be secure in your personal effects, the right to defense counsel. the right to presumption of innocence. it's the best that we can do in guaranteeing justice, not merely for the victim. we want justice for the victim and the victim's family. we want justice for the larger community but also for that person who is in the investigative process who may be charg charged and if that person is charged, then guarantee his rights as well as a defendant in our criminal system. >> the term you used is anglo-american jurisprudence and it's referred to as a common law but i think the reaction, sir, comes from when you used that phrase and particularly when you used it again coupled with the word civilization, that there

was a suggestion that you at least unconsciously hold that cultural background in higher regard than this predominantly black background that we see protesting right now. >> ronan, nothing could be true. check with my reputation in missouri. yesterday i was meeting privately, no tweeting, no social media at the church of a black -- an african-american minister and we prayed with a group of african-americans and some friends that i brought to the meeting about how we might find a way out of this awful situation in ferguson that is good for everyone involved. and i'm going to be back in the area tomorrow and i send out my prayers for peace and justice in ferguson for us all. again, i meant only to refer to the english american system of common law and constitutional law and liberties that are guaranteed us in that body of law. >> well, we appreciate you coming on and clarifying which

is something that we've seen very little of from our officials who have made comments that are being called tone deaf, insensitive. >> thank you. i apologize for having misled anyone. >> thank you. >> thank you, appreciate that. just ahead on today's show, defending officer darren wilson. the head of the missouri police unit is speaking out for the first time against what he calls a rush to judgment. stay with us for that. if i can impart one lesson to a new business owner, it would be one thing i've learned is my philosophy is real simple

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militants. human rights groups have documented the kidnappings, killings of minorities throughout this region. can the community do more to create accountability? one way of doing that is the international criminal court. here with me now is the senior fellow at the jackson institute at yale university. appreciate you being here, sir. you have a long career of working on these long atrocities. the associated press said "we believe the assassination of a journalist should be associated with a war crime." do you a i agree? >> in ferguson, the practical is clear but the black community is demanding a practical. >> you feel there's a lawlessness similar to iraq. >> someone from my community, my black community was killed by

the authorities. luckily, in the u.s., you have a prosecutor and the black community is challenging it, him. but basically the problem, can we build the same with and we are still doing. >> to have an enforcing body, is this the kind of case that could come to the icc? >> it depends. because the problem is, the legal issue for the u.s. is not always an agreement with intervention. >> although we have become steadily less opposed to it. >> it depends on the cases. that's the point. it depends on the cases. >> sir, i want to get your take on gaza while we have you here. but to focus on the beheading and the community reeling about it, we talked about it potentially coming to the icc. what kind of charges could you look at when it comes to this fact pattern?

president obama talked about acts of genocide. is that something that would be a valid charge? >> it could be. not against this american. >> but against isis? >> could be. could be. >> charges against the american forces? >> exactly. they are attacking your group. >> i just want to be clear, you would see that as an actual charge in the icc -- >> yes, the american can be a group, yeah. >> but do you not think it's more pressing to bring a charge against isis? >> the problem is, there are legal issues. icc cannot intervene in the jurisdiction in iraq. the real issue is -- my point, we need a general policy to deal with these problems because these journalists are american, i agree with you, but the rations feel the same about the ukrainians and the arabs feel the same about the palestinians in gaza. so that's a problem.

everyone wants to protect their own people. >> where does the international accountability come from? >> but support from everyone and it's still building that and the u.s. is more complicated outside the u.s. you support maybe iraq or you support uganda but maybe not in gaza or ukraine. >> but you think inco-here rent u.s. policy is the reason to blame? >> not just the u.s. international global policy. 120 countries members of the icc but 73 are not members, including the biggest countries. >> in this case n. iraq, do you think a charge of genocide is appropriate against isis? >> you have to build a case. but according to what i learned, they are telling you that they will kill americans. so americans could be protected. of course. but the problem is, you cannot

build your case -- in ferguson, you apply general rules. you're not saying we prosecuted a policeman or killing bhit. no. you have a general rule. that is the missing problem in the world. that's my point today. >> right. u.s. law -- u.s. rule of law -- >> for the u.s. >> certainly the case. and while we have you here on this gaza problem, seeing the latest cease-fire fall apart. are war crimes happening in gaza, sir, and, if so, are they being committed by the palestinians? >> after the gaza conflict, palestinian came to icc. i was to prosecute them and after three years, no, you're not a state so you cannot come here. now it's different. they will affect the state by the u.n. so now what they want, they can go and request intervention. that's a new scenario. >> and is that something that you would endorse? >> no. i'm trying to present to you the

legal thing. they can do it. the problem is, if a member of the community -- there are two ways to protect them. fighting and killing or with the law. inside the u.s., you would use the law. >> rule of law. >> outside, not yet. and that's the problem. >> it is the problem that so much of the world faces. you have actually done pretty pioneering work at schiping away from that problem and you're always a force of nature. thank you for coming on the program. it's been 11 days since the shooting death of michael brown and we just heard that they are -- we return to our breaking coverage of that story. ...so you say men are superior drivers? yeah? then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check.

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is on the ground in missouri. he's stepping into turmoil in the streets and into an emerging legal battle over the death of michael brown. there is an fbi investigation into whether police officer darren wilson violated brown's civil rights. john burris is a prominent civil rights' attorney who served police officers involved in the beating of rodney king. he joins me right now. thank you, sir. before we get into the civil rights implications in this case, i want to ask you about the calls to have the prosecutor mcculloch to recuse himself. >> there's no legal issue for him to be disqualified. the question is, do they have confidence in him because his department probably doesn't have a lot of experience prosecuting police officers from that particular district attorney's office, there is fear that you will not evaluate the facts

effectivelily and pursue a case against the police. that's really the undercurrent of it. it's not that he's incompetent or impartial in ways that you can put your finger on it that would justify disqualification. it's really the sense that he has not had these kind of cases in the past before and his office basically close to the local police and therefore they don't feel he would be evaluated in presenting a case against the police. >> so far he said he would not step down but we'll be keeping our eye on that. the other issue is the fbi investigation into the civil rights violations that may have happened. could that result in specific charges against the officer? >> absolutely. even though there's a parallel investigation that's taken place in a state charges that you have but there's also charges that can be applied as well and that's under the law that the officer under the color of law has violated that person's

fourth amendment right which is to be free from use of excessive force and that's a federal civil rights criminal statute. >> we looked at that 18 usc 1422. >> and also what if is he not found guilty under the same facts and even though there may be an argument of double jeopardy. we went through this with the rodney king trial. that did not happen. no matter what happens on the state side, you can prosecute the person again under the federal cause of action, the federal statute. >> john, what's the precedent in this case? >> certainly the rodney king is the one that we know about. and after katrina, the officers engaged in acts of covering up and they were prosecuted under federal statutes. so you have that. and a lot of cases we have -- we

ask the federal government to, in fact, prosecute the person. it's not uncommon for that request to be made. it's not often granted. particularly if there's an outstanding state case that's being looked at. but it's a tool that the federal government has. i'd say, though, the federal government like justice likes to look at more than just one case. they like to look at a pattern and see if there's a pattern of discriminatory law enforcement that's taking place and they'd like to prosecute based upon patterns of discrimination. >> a lot of tough legal questions. attorney john burris, thank you. >> thank you. up next, we're going to hear from the first representative of the missouri policeman's union. this is important. speaking out, finally, with an unexpected side of a story. saying officer darren wilson ds sto story needs to be told and isn't being told. stay with us for that.

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in ferguson today, protesters are still directing anguish, rage against officer darren wilson. it may surprise you to hear that a quieter, smaller movement is also emerging on the other side in support of officer wilson. facebook page support darren wilson has been organizing rallies. a crowd of mostly white supporters formed a human chain to express solidarity. you can even purchase a t-shirt with the logo of wilson's badge and the words "stand by you." proceeds go to his family. a crowd raising effort has raised thousands of dollars for that officer and counting fast. i spoke with one of the first supporters of darren wilson. i started out by asking him how officer wilson is doing.

>> well, he's obviously upset. you know, any time that an officer has to resort to deadly force, that's a very traumatic experience in itself. but then when you and your family are receiving death threats after that, i can't imagine what he's going through right now. >> last night, governor nixon came out and called for a vigorous prosecution. he said there needs to be, quote, justice for michael brown and his family. do you think that there's been a rush to judgment here? >> i think there's definitely been a rush to judgment. i think it was irresponsible to call it vigorous -- call for vigorous prosecution. we are all for a vigorous investigation. but -- and when we talk about justice, we want justice for all concerned and i'm concerned that darren wilson receive his due process. >> you've called governor nixon's response disappointing. why is that?

>> well, it's very disappointing because as a former attorney general, i would think that he would wait until all the facts are in before he made the decision. it seems to me that he's made his own conclusion before all of the facts are in. >> and, of course, the nation's attorney general arrives in ferguson today. do local officials welcome this federal investigation? >> i can't speak for them. but i think for the police officers, we welcome any type of investigation because we are for the truth getting out and the more in depth an investigation is, we'll flush out all of the facts. >> and you told the "today" show earlier that you thought it was the right thing for that video of the alleged robbery involving michael brown to be released but you questioned the timing. what timing would have been appropriate for the release of that video? >> well -- and i can't speak for

investigators, but -- i mean, if you're going to be investigating a robbery, typically the videos are released immediately to try to identify the suspects. so i think that maybe doing it the same time it was released may not have been the most prudent thing to do. >> and do you think it changed people's understanding of what happened? >> possibly it did but, once again, we are asking people to just please wait until all of the facts are in to make a conclusion and allow darren wilson his due process rights. >> there have been some people coming out, particularly online, sharing that support for officer wilson. there's a go fund me website that's raised $30,000 now. a lot of these supporters have been quiet. have you faced any recrimination for that in. >> no. and as president of the

fraternal order of police, that's my job. typically we stay quiet but darren wilson has been villainized in the press and we ask people to wait before they hear all of the facts. we have full confidence that the grand jury will make the correct decision. >> and if there's one thing you could tell people about missouri police officers, what could it be? >> that we're extremely dedicated. the amount of restraint that the officers are showing in ferguson is incredible. they are coming under fire every day. and i just think the am of restraint they are showing is extremely incredible. >> sergeant, appreciate your time. >> thank you. my interview earlier today with the head of the missouri fraternal order of police. still ahead, we'll check back in with our team in ferguson.

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we're back live from ferguson, missouri where attorney general eric holder is right how meeting with officials investigating michael brown's death. also a grand jury convened to consider possible charges against brown's killer. officer darren wilson. zach, what are you hearing? >> reporter: well, i was outside the justice center there and there is and ongoing protest with members of the black community, continuing to insist that the prosecutor should step down, should recuse himself from this investigation because they feel he can't be impartial thanks to his ties to the police and his past record. so they're continuing to say that the grand jury met today, there was at one point a counter protester showed up, she said

she didn't know darren wilson personally, but she believes there has been a rush to judgment and there was a brief confrontation with protestors. she was eventually led away. and calm returned. so that is the scene there. >> and are you seeing any reaction to skra nijay nixon sa will not assist in the evident effort to push out the prosecutor? >> reporter: this morning in a radio interview, the prosecutor had a harsh response, he called it nixonian double speak and he should man up and either support him fully or remove him. he said that's up to nixon because he's declared a state of emergency, so he now has the legal authority to do that. so some kind of skirmishing between the prosecutor now and the governor. >> clearly the fight is not done today. zach roth in ferguson. appreciate it. that wraps things up for today.

thank you all for joining me. now it's time for the reed report with joy reed. >> a little political in-fighting there. very interesting. coming up next, president obama just slamming isis for the killing of american journalist james foley. we'll bring you all the breaking details. and then i'll have the latest on the michael brown shooting investigation, eric holder's heating with local letters. and i'll speak with the father of an unarmed ohio man killed by police as he shopped this walmart carrying a toy gun.

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or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. breaking news on this wednesday edition of the reid report. president obama spoke about the killing of journalist james foley as u.s. officials confirm it is indeed foley in the video. >> the entire world is appalled by the brutal murder of jim foley. the united states of america

will continue to do what we must do to protect our people. we will be vigilant and we will be relentless. >> and live pictures from the state department briefing room where we expect to hear more about foley's execution any minute now. and breaking news from ferguson where eric holder is on the grounds meeting with community leaders as the grand jury has ended for the day after hearing preliminary evidence in the shooting death of michael brown. but first, to ferguson, missouri where 11 days after the police shooting of unarmed teen michael brown, attorney general eric holder is indeed on the ground and he's meeting with both students and community leaders, visiting the fbi st. louis field office and also meeting with local elected officials. just hours ago , police formed line as protester s chanted in front of the building where grand jury heard evidence. and with a heat advisory in effect and temperatures hovering around 100 degrees, officials

are watching and hoping that the calm finally settles on ferguson. one ray of hope, overnight police did not deploy the smoke bombs and tear gas that have become a nightly fixture but complaints of overly aggressive policing did continue with the arrest of at least 47 protesters. tremaine lee and perry baker. what has eric holder done so far today and how is he being received right now in perfecting son? >> he touched down not long ago. he's meeting with community leaders and students. and one student said that holder was the source of inspiration and folks feel that it will keep local law enforcement on this, that maybe the veil of sequence city that they feel has been will soon be