on the question of justice, the jury is still out. it's tuesday, november 25th and this is "now." >> the process should be indict him. >> folks here are gearing up for what could be another ruckus night. >> what we saw last night was an indictment of american democracy and we saw democracy on fire. >> the game is rigged. >> do you not have probable cause. >> no one should be killed because they took cigarettes. >> 99% of grand jury proceedings don't operate this team. >> we had a prosecution team that was really a defense team. >> i have questions whether or not this prosecutor wanted an indictment. >> i felt michael brown was the suspect. >> you have broken our hearts but you have not broken our backs. >> we are awaiting a press conference from missouri

governor jay nixon who is expected to outline plans for more national guardsmen following the unrest of the decision not to indict police officer wilson for the shooting of unarmed teenager michael brown. more than 80 people were arrested in the outrage. much of the protest in mississippi muslmissouri and nation wide was peaceful. in st. louis attorneys joined reverend al sharpton in issuing aplea for peace. >> the legacy to michael brown, jr. should be instead of just striving to make a lot of noise we strive to make a difference. >> developments have continued continues the grand jury's decision was first announced. we're expecting a statement from holder within the hour.

ferguson's mayor blames some of the destruction on late deployment of the national guard. he urged quicker and broader mobilization this even. >> the national guard was not deployed in enough time to save all of our businessize. the decision to delay the national guard is deeply concerning. we are asking that the governor make available and deploy ploi all necessary resources to prevent the further destruction of property and an the preservation of life in the area. >> officer darren wilson remains unpaid on administrative leave. joining me now craig, nbc anchor. thanks for joining me. we have a lot of rolling coverage this hour. i apologize in advance if i have to cut you off. first let's talk about the break between the mayor and governor

on the deployment of the national guard. is the mayor's frustration in line with what people on the ground and what you saw last night. >> absolutely. one of the things we heard last night from folks right after things quieted down people -- right after the police department were asking where is the national guard. when you call up the national guard more than a week ahead of an announcement there are expectations and thereose expectations were not met. we saw the ferguson police department in full force but we did not see the national guard. we also see a lot of missouri highway patrolmen as well, they were operating armored vehicles that we saw in the streets late last night. but no sign of the guard. we were told ahead of time that their primary responsibility was going to be to back fill the ferguson police department.

so i think what we heard 40 minutes ago from the mayor was the frustration of many business owners in downtown ferguson. i'm talk beiing about maybe 21, people live in ferguson proper. the businesses that were looted and torched, these were small business owners. these were mom and pops. i could see 50 yards away, there's a hair salon that was damaged and we heard from this woman during the last hour, essentially pleading once again with protesters who are going to be out, to take it easy on these businesses. >> in terms of response in different parts of the town, everyone from the president on down has urged restraint in the response in part of law

enforcement officers. to lonnie cob in ferguson had a scathing indictment saying what restraint looks like. he said it is a nonchalant approach to what was happening on the black side of town but a hyper vigilant approach to what was happening on the white side of town. did you get a sense in the discrepancy how law enforcement responded depending on what neighborhood it was. >> having been to both sides of town yesterday i will tell you, in clayton, for instance, it is a 15 or 20 minute drive from ferguson where the grand jury made the announcement yesterday, there was heavy police presence in clayton but there also weren't a lot of protesters in clat yoorpon. clayton.

we are five blocks away from where michael brown was killed and the protests continue to center here and five minutes in south florenceon that is where the protest is centered so you see a larger law enforcement presence. one of the things i can tell you being here days after the initial shooting, i don't think law enforcement was as reserved then so to speak. there was not a great deal of patience and it has been widely reported and acknowledged, by law enforcement as well, tear gas and pepper spray was used pretty quickly then. last night i saw law enforcement who didn't engage protesters after an hour and half even

after preotesteprotesters broke the barricades. they engaged when they started setting police cruisers on fire, that's when we saw flares and the tear gas come out. in terms of restraint, i would say compared to what we saw last time restraint was used last night by laws enforcement. they had a number of local business owners wondering where was the police or the national guard. why weren't they protecting my property. so i don't know how you balance the two. i'm sure that's a conversation being ha right now in and around

ferguson. >> and hopefully the president will have a question as to where was the national guard. thank you as always. with me political annual lift dyson. michael, there's so many questions i have for you and so many he requests -- questions the nation has about what went down over the past four months when the grand jury was hearing testimony. a lot of people have a sense that the system is rigged or that there is institutional failure. jammal writes that justice for michael brown will not come from the criminal justice system. -- saying this. >> is that fair?

and if it is fair, how do we go about changing that? >> well mr. bouy makes an excellent point that you don't expect the wolves who have been eating the chicken to now all of a sudden to guard them, so to speak. and i think it is really interesting to really celebrate malcolm x there. it is interesting to say that yes on the one hand we have to ack nothing th acknowledge that the justice system is how they seek out fundamental process of justice for african-americans and other peoples. on the other hand martin luther king, jr. was standing outside of the courtroom, saying we have to bring creative pressure to bear non-violently onto system. you have to seek the court

sforer for the relief of injustice that we incur and you have to speak loudly in society to change some of the laws that adjudicate competing laws. so we need both and not either or. >> i would argue it is not about one institution, which is to say law enforcement but also about political leaders. you have not seen local officials. you have not seen governors or the president in ferguson at a moment when the community could benefit from its own leaders saying we ahere and we hear you. >> when you lead from behind you get stuck right there. the reality is all of us have to step up, political leaders have to step up. nobody is exempt.

they have to be responsible in pay ago tension to this highly charged situation. you can't go on tv, toss off a few sentences about law and order and not address the fundamental conditions that enflame the people on either side. those people who have been su subjected to police brutality and over taxed by the state to use the resources to punish. >> michael governor nixon is about to make an address let's listen to what he has to say. >> good afternoon. and thank you everybody for joining us. let me introduce chief dan icon, colonel of the missouri highway patrol, chief from st. louis county police department,

assistant cheeief police department and missouri national guard. last night criminals intent on lawlessness and destruction terrorized this community. burning buildings, firing gunshots, vandalizing store fronts and looting family businesses, many for the second time. i'm deeply saddened for the people of ferguson who woke up this morning to see parts of their community in ruins. i just came from west florenceon a heart breaking site. seniors are afraid to leave the house. school is cancelled. kids scared to go outside and play. what they have gone through is unacceptable. no one should have to live like this. no one deserves this. we must do better and we will.

this morning i met with law enforcement leaders and all agree the violence we saw in ferguson last night cannot be repeated. that is why in order to protect lives and property we're bringing nmore resources to ferguson to prevent the lawlessness we saw overnight. the national guard presence will be ramped up in ferguson and ensure they are ready to act quickly to prevent violence. we will have hundreds of national guard stationed throughout the community to protect homes and businesses. law enforcement will be better able to focus on protecting lives and property in the community. the missouri national guard will also continue to provide security at critical locations including the ferguson police department. last night more than 700 guardsmen were at more than 100 vital facilities throughout this region and i thank them for

their work. it is a testament to local law enforcement and missouri highway patrol and the guard that no one was killed or seriously injured last night. third, the guard's rapid response teams will be positioned to act at a moment's notice if challenges arise. there will be more than 2,200 national guardsmen in the region. lives and property must be protected. this community deserves to have peace. we will provide safety and security to the region. i know this morning there is pain in the hearts of this community and i also know it is vital for us to understand how we got to this place and how to make it better. i continue to be hardeartened b the steadfast work so many are doing on behalf of peace and understanding to avert violence and come together. i will be happy to call on folks.

let me first call on john mason. >> thank you governor. as in august, the missouri national guard will deploy a trained and ready professional force. our soldiers were equip to do the job in august, we will return to this region to continue to help the citizens and life and property, we are here to serve the citizens of the state of missouri. >> thank you general. the colonel of the missouri highway patrol. >> thank you. i just want to say that we have worked with the national guard many times throughout the past years in disasters throughout the state. last night was a disaster and we're prepared to team up again with the national guard and other local law enforcement to address this tonight. as the governor said we can't have a repeat of what happened last night. it was very disappointing to

watch the hard work of chiefs and captain johnson over the past hyundaundred days to see hard work go up in flames so to speak. we will continue to work hard. >> now chief john bellmore. >> i too would like to thank general mason for his assistantance. last night we had 400 police officers before calling in other officers from other cities. i think it goes to show the value that the guard can bring to us in force protection, different things, the message here is our community not only needs to be safe but to feel safe. i appreciate the governor's leadership and certainly general mason's troops in that regard.

thank you. >> thanks chief. director dan ison. >> it was clear that last night was a disappointment. in so many ways. so much work has been done by the command over the last hundred days around we deployed many officers out in the area and unfortunately there was a group of people who were intent on causing violence and mayhem. we will do better tonight. there will be a significant presence. in the community. and we hope that we will protect the property and businesses of those people in ferguson and also throughout the city of st. louis and our community. >> thank you director. glad to take any questions.

>> [ inaudible question ]. >> no, i mean, we had as i said before, we had about 700 guardsmen in 100 locations in the city around the county last night and early this morning. late last night we deployed guardsmen to the ferguson police department as additional force strength there as was indicated by the folks here, we will continue to that mission along with the other two missions that we talked about, expand the role of the guard. we're working to make sure there's public safety and that the guard s that that force amplifier is used in a way to make sure tonight is a safer night. >> [ inaudible question ]. >> i mean we had 700 national guardsmen out throughout the

region that went out early in the evening including late last night deployed directly to ferguson police department. >> [ inaudible question ]. >> that's the force strength we'll have in the area. we'll have a significant number out tonight. but obviously on shifts. the bottom line is, as i said before, we're going to continue to up the numbers here and work with the unified command to make sure that we keep things calm and safe. go ahead. >> were the national there with the looting and burning of the build ughs. >> the national guard was providing services throughout the area. we had 700 guardsmen in the region doing a lot of static

work such that others could. we certainly had guard at the command post and later in the night at the ferguson police department. but we will have more out there tonight and continue to provide resources. i promised over here first. yeah. >> [ inaudible question ]. >> as i said before, we had some, i'm not sure the exact number at the command center various times, somewhere in the neighborhood of 100 at the police department as it went on. >> [ inaudible question ]. >> that is false, absurd. that has nothing to do with all these folks are doing.

we are doing our duty. you are hundreds of guys out there putting their life on the lines. politics has nothing to do with the seriousness of this mission. yes, sir. >> [ inaudible question ]. >> once again, i don't -- >> [ inaudible question ]. >> i'm not going to go through operational things other than we have been working these plans for a period of time. we will have more folks out there tonight in that area. we want to stay agile also. bottom line as we look towards mission we're putting out. we had 700 guards dispersed in the area, most of those in a situation such that they could free up most certified officers that could be freed up to be ang i'll in the force. tonight we will put out additional guardsmen to make sure things are safer. yes, sir. >> [ inaudible question ]. >> we'll have full strength as

appropriate for the tasks that are in play. >> [ inaudible question ]. >> like i said, we will have full strength as is necessary to deal with it. i am confident our folks are trained and ready for the task at hand. yeah go ahead. >> [ inaudible question ]. >> well, i mean, there's going to be a lot of folk there's. a lot of guard, a lot of other resources. we're certainly looking at those as options. but i think people want peace and safety. we got to get through to that point where the people of this region are confident to walk up and down their streets, the best way to do that is to deelt deal with the issues that are facing us now, in a strong unified way, to make sure the people of this region in the streets, not that we have to have guardsmen or police officers or things of that nature, we're trying to get back to a place where ferguson and the region feel comfortable

walking around with their family and kids. that's our goal not to shut the place down. thank you very much for your time. >> governor nixon, visibly frustrated by some questions in that press conference. michael back with me now. you know governor nixon spent a lot of time talking about scolding folks for the expression of rage following the grand jury's decision but he didn't spend a lot of time talking about the cause of that rage or even really michael brown's name was not mentioned, i believe. >> not at all. this is part of tragedy here. he didn't mentionle pain of people until he has gone through a littany of ills who stores are there. he doesn't talk about precipitating events or why people would be enraged or why people are frustrated. if you take his beautiful statement about terror and apply it to the people who are in

ferguson who have been disserved. >> yeah. >> by their police department then it would be a beautiful statement. he's talking about the violence that was in the aftermath of that. but had he applied it to the people who experience terror on the daily basis he would have substance of importance. >> hang with me. when we come back we dig into the witness testimony released by county prosecutor bob mccullough including wilson's description of michael brown looking like a demon. and we will talk about how honest can the president be on the question of race in america. that's ahead on "now." you could drive home for the holidays in a new volkswagen. like the sporty, advanced new jetta and the precisely engineered passat tdi. ah, the gift of clean diesel.

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remarks from attorney general holder. last night bob mccullough made public three months of he said, thousands of panges of witness testimony. in wilson's account of the fatal shooting, he shot michael brown because according to wilson he feared for his life. the police officer described brown's face as looking like a demon during the confrontation. he said brown was so physically intimidating that wilson who is 6'4" who is 210 pound, wilson felt like a five-year-old holding onto to hulk hogan. he said this.

>> like it was making him mad that i'm shooting him. after brown was shot dead, wilson told the grand jury this. >> back with me now, thanks for being with me. it interesting if you read wilson's testimony, the dynamic, the difference in physical strength that he seems to describe. josh marshall talks about if there's a strategy behind it this may be it.

>> legally, it goes to two points, number one, what was this officer's apprehension and he's explaining why he was so afraid as to use force under state law, that is to say if you fear imminent bodily harm or death, the second goes to credibility. so the jurors had to listen to him and conflicting testimony and say does this seem credible. as you mention, two men that are both large and strong. one of them armed, according to testimony he's saying the fact he was armed in itself was in doubt because he says there was ai struggle over the gun. some witnesses said that was the case, others did not, that credibility question would weigh

on the minds of a grand jury trial, full trial, normal jurors, which is at what point does a description is so intense that you begin to doubt, what they perceive or whether they are telling the trung. the only question is whether there's just enough testimony to say there might we a crime committed. later you work out the credibilities in a trial. >> michael, these are more than just words and i think josh is right to point out that they are loaded, describing brown as the most intensive face like a demon, saying he thought michael brown could beat him to death. even in the end after michael brown is dead in a pool of blood, he says, the threat was stopped. i mean, quite literally, the black menace hangs over, it is

tacit, embedded in this receiptoric -- receipt rick. reterhic. >> there's a lot more going on in terms of what michael brown represents as a threat to this police officer. >> sure you can't ask for a clearer articulation of the demonization of black masculinity comparing michael brown to hulk hogan. you infant alinfantalize yourse make him the man. there are studies out there that say many see black kids older than they are, so there is a loss of innocence in black masculinity. on the other hand there's a lack of humanitiy here. you see both those forces here. the lack of humanity and the

innocence of this human being and putting it together michael brown looks like a horrible figament. others might resonate with that even though they may be ashamed to say so and rarely articulate it. >> this officer's testimony also talks about the notion according to the officer that brown came up and said, i'm paraphrasing to be less vulger but essentially you're too afraid to shoot me, you're not going to do that, what are you going to do. that's a very menacing approach. >> literally, menace to society. >> we weren't there but what the grand jurors have to say is does that sound realistic. many in the community would say unarmed individually don't typically run up to cops in the

middle of the day and say you're afraid to shoot me. >> but the we of, is this real. there's so many questions. as you pointed out. this was not a criminal trial. even mccullough and his winding press conference said many statements conflicted with the physical evidence. doesn't he concede the need for a trial given the varying accounts of what exactly went down. >> yeah legally that was odd. i think we can look at this situation and respect the outcome of what a grand jury does because we're a nation of laws but you can also look at things that aren't really adding up. let's step back from violence and race. when you va probable cause whether someone has cocaine on them. if you have a charge of an independent witness say i saw the cocaine, that's usually enough. >> right.

>> it's later at the trial after when the prosecutor says here's probable cause. yes. maybe it was cocaine but it was on the table, it's not mine. that's important to go through. what is weird here is not the notion that this officer didn't have defenses. he's certainly entitled to his defenses. what is so odd about this case and in a bad and suspicious way, legally, is the fact that so much that would usually come later was front loaded into to grand jury. >> the prosecutor bob mccullough seemed to be trying to wash his handleds of this grand jury. by giving them all the evidence. by not, you know, sort of offering a point of view as to whether this should go to trial or not.

but then he began his remarks, clearly offering a point of view. >> -- unlike my distinguished colleague, lacking his legal information and knowledge, i don't have to appeal to weird and odd neutral terms when a describe, i can say it was down right, seems to be unjust and highly charged because this young man did not have what he is supposed to have in the legal system, a defender, someone who would take up his case, who could say let me put myself in his shoes and understand it and

beyond that to marshall the evidence, to front load it, which is to suggest that the trial was going on, he didn't misspeak, what he articulated was that there was a trial going on except there weren't fair elements, nobody there to balance what was being said, the officer testified for four hours and guess what, when you kill the only other witness who could contradict your statement you're guaranteed to have the view point of your own perspective to be taken as the truth. >> right. >> i think as long as young black people are murdered, then we are have to have the presumption that, hey, at least for the sake of going to trial to figure out if the other person is dead now can speak through evidence that could be looked at in a systematic fashion we will continue to replicate the injust we saw

here. >> i think a lot of attention will be paid to those transcripts. former public defender said what became clear in his presentation, he used the role as legal advisor. >> right so when you say you're departing from the norm, why are you doing that? >> right. >> is there a really good reason? departing from the norm of secrecy has provided the very information that folks are using to try to offer this accountability. so some departures from norm are not automatically bad. but when you look at mistrust and under lying racial dispar y

disparities and look at what prosecutors do which is push their case and let others worry about defense, they are entitled to their defense and presumption but it is not typically the prosecutor that does that. so the departure then becomes questionable. another point beyond race, i thought one of the most chilling points for folk who's care, was when he said white kids get gunned down too, that's the problem, the point is not just race, it is police brutality and we as a country hopefully will look at that in a reasoned way. >> all right gentleman always good to talk with you. thanks for your time. y coming up, a major nor easter is bearing down. more of than next.

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because it will start off as rain fall by thanksgiving looks like the weather will improve traumatically dramatically. it will be nice for the macy's parade. just will have to shovel out the snow after that big meal. just ahead president obama will speak on his executive action on immigration and comments about ferguson. we will look at that coming up next. first the market wrap. than ever why now is the best

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>> [ inaudible question ]. >> let's take a look and see how things are going. >> the president's remarks were memorable not because of the content but because of the dramatic flip screen. for many, his words were too safe, a far cry from his 2008 speech on race in philadelphia and demode of last year's writings on tray von martin. he won't give the speech his supporters want. that begs kwet what would happen if he did. last night's remarks had attractors accusing him of a power grab. we learn that the president will address ferguson in a speech

scheduled for 5:30 eastern. joining me now, gentleman, thank you for being with us. mark let me start with you. brian urges the president to go to ferguson right now and give his biggest race speech yet. do you think the president can and should do that? >> i think the president will come to ferguson but what is more important is the department of justiceis and the attorney general in furthering her civil rights investigation with respect to the ack actions of darren wilson. as far as justice for michael brown is concerned it is about that investigation since the grand jury here has refused to meet our justice. >> josh let me talk about the subject of race, as racial bias

in the justice system or as addressed by our political leaders it is a fraut conversation. there's two interesting polls that shows how split the country is on the issue of race. ore the past four decades, 23 you ask democrats or republicans what they thought of the oj verdict there is a similar agreement but now this year and last, whether or not the republicans and democrats thought about -- don sterling, should he be forced to sell the clippers. seems we have moved, which will make it difficult for our leaders to address that and have the support of the nation. >> exactly right we are on opposite ends of the spectrum

and i don't think the president has some kind of magic balm to bring everything together. look what the he said last night calling for calm and some said he was being devisive being bringing up race and others thought he didn't go far enough. what will be fascinating how he will address these issues down the line even after his presidency. he has spoken and written rep t repeatedly about matters of race in this country in his own life. so i'm curious how he will step back outside the heat of politics and circle back to these issues. >> michael what do you think that this dispairity has occurred under the first black insuran presidency, coincidence? >> i don't think it is a

coincident. i've been saying from the beginning, from those who accept to accept his presidency as leaningit matt that is unfortunate but it is a step on a journey to this 21st century multi culture america but may be a passage way to get through this division. i think actions speak louder than words, it is important to discuss race, i think innishty such as -- "my brothers keeper" such as this makes the most sense in terms of dealing with the under lying conditions. >> yeah. >> because right now we have not only political division but widening economic gulf in this country. >> eric holder spoke publicly moments ago on the grand jury decision in ferguson let's listen to what he had to say.

>> i have been briefed by members of the justice department and i wanted to provide a brief update on their ongoing efforts arising from the events in ferguson, missouri. i've been briefed by ron davis, molly mol molly -- and others, they are overseeing the federal investigations into the shooting of michael brown as well as the investigation we are doing at the ferguson police department we have two investigations ongoing. as i said many times before and reiterated in my statement last night, department investigations will continue to be thorough and independent and they remain ongoing. they will be conducted rigorously and in a timely manner so we can move forward as

quickly as we can to restore trust, rebuild understanding, and to foster cooperation between law enforcement and community members. last night and throughout the day, i have been briefed on events in and around ferguson. i was disappointed that some members of the community resorted to violence rather than respecting what i thought were the really heart felt words of michael brown, sr. and the wishes he expressed how he wanted his son's memory to be honored with nonviolence. it is clear acts of violence threaten to drown out those who have legitimate voices, leaning legitimate deamonstrators.

i would remind demonstrators of our history that those -- the way in which we have made progress in this country is when we have seen peaceful, non-viole non-violent demonstrations, that is the most long-lasting and pervasive change. i have asked for an after-action review so we can develop strategies for identifying and isolating the criminal elements from peaceful protesting. additional i have instructed department officials to remain in contact with peaceful protesters and seek their assistance against those in non-violent demonstrations.

we are hearted by the good work our community relations has done and have instructed them to maintain those levels of communications and keep those avenues of communications open. i really embrace those who have been proactively intervening to stop acts of violence within their midst and encourage them to exercise this leadership. i know is not easy to do but it is hearting to hear about people trying to stop others who were trying to loot and destroy businesses and burn things. those people took it upon themselves to stop those kinds of things are in fact heroes in my mind. michael brown's death has revealed a deep distrust between some in the ferguson community and its police force. i also feel a need to widely

disthem nate police force practice. the department of justiceis has begun this work and will continue to work with communities around the country in this regard. what we see in ferguson is not restricted to ferguson. there are other communities around this country that have these same issues that have to be dealt with and we at the justice department are determined to do all we can to bridge those divides. we launched in september our initiative to provide training to law enforcement and communities on bias reduction and fairness, and we plan to have evidence-based strategies in five pilot sites around the country. this is all designed to bridge those gaps between law enforcement and the communities that they serve, these gaps, these divides exist beyond ferguson. our focus will be national in its scope to try to deal

ultimately with these issues. we will continue to advance this work in cities around the country in coming weeks and months by bringing together law enforcement officials and community leaders both to ensure dialogue but also action. this is not just about talking, we want to take concrete steps to address these under lying barriers to trust. i briefed the president today in the oval office about the situation in ferguson and shared with him the perspectives of people in law enforcement and justice department officials who are there on the ground who talked about initiatives that we want to announce relatively soon and also about the need to bring our people together. this is a difficult time for people in ferguson. it's a difficult time for people in our country. i think had is an opportunity for us to find those things that bind us as a nation to be honest

with one another about those things that continue to divide us and come up with ways in which we make in union even nor perfect more perfect. so the president is committed to this effort as are the men and women of the united states department of justiceis. thanks very much. >> that is attorney general eric holder making his first public comments on yesterday's grand jury's decision on the fatal shooting of michael brown. that's all for now. "the ed show" is coming up next. ♪ ♪ good evening americans, and welcome to "the ed show," live from detroit lakes, minnesota, let's get to work.

>> michael brown, jr. who is crying out from the grave. >> michael brown was shot and killed by police officer darren wilson. >> we object to this prosecutor. >> i've never seen a prosecutor hold a press conference to discredit the victim. >> the grand jury considered whether wilson was the initial aggressor. >> we strenuously object to this prosecutor. and this process. his solution is let's announce it at night after dark. >> hands up. >> don't shoot. >> no justice. >> no peace. >> we determined no probable cause exists to file any charge against wilson. >> the legacy to michael brown, jr. should be instead of striving to make a lot of noise, we strive to make a difference. good to have you