that today we got a response from the missouri attorney general about that. has come do right now protests continue in new york city. "first look" is up next. >> good morning, right now on "first look," protests in new york city and all over the country in response to a grand jury's decision not to indict nypd officer daniel pantaleo, the man's whose chokehold tactic banned by the nypd caused the death of eric garner. a giant leap for nasa, counting down to this morning's launch of the orion spacecraft. >> we begin with another grand jury not wanting to indict another police officer. once again president obama and his administration are looking at a federal charges. the department of justice has opened a civil rights

investigation into eric garner case. this morning's cover of "new york daily news"," we can't breathe," a willing reference to eric garner. >> a new york city protester stood feet away from police officers chanting and raising their hands. elsewhere throughout the city others shouted police are not above the law. at one point protesters started knocking down police barriers a block away from the annual tree lighting ceremony at rockefeller plaza. there were 30 arrests throughout the city. from philadelphia to washington, d.c. and california protesters fresh off demonstrations over the ferguson grand jury decision were out in full force. just moments after the grand jury's decision was announced the police officer seen putting garner in a chokehold released the following statement. officer daniel pantaleo says quote i became a police officer to help people and to protect those who can't protect themselves.

it's never my intention to harm anyone and i feel very bad about the death of mr. garner. my family and i include him and his family in our prayers and i hope they accept my personal condolences for their loss. garner's wife said she doesn't accept his condolences. >> it just tore me up. i couldn't see how a grand jury could vote and say that there was no probable cause. what were they looking at? were they looking at the same video that the rest of the world was looking at? >> charpton who also heads the national action network is planning a march on saturday a week from this saturday. >> how many people have to die before people understand this is

not an illusion, this is a reality that america has got to come to terms with. >> nbc's tracie potts is live in washington. what's the next efforts told this officer accountable? >> reporter: we know washington's getting involve. they've announced a federal civil rights investigation and the d. a.up in new york wants people to know that question that you just heard garner's family answer what did this grand jury see or hear that convinced them this case should not go to trial, the d. a.up there is asking to have some of those grand jury transcripts released. that phrase, black lives matter is trending on twitter this morning after a night of protests that snarled traffic in new york and washington. there were protests down south and on the west coast. >> our history, sadly, requires us to say that black lives

matter. >> reporter: video of eric garner in a police chokehold shouting i can't breathe was not enough to indict. the coroner called it a homicide complicated by health issues. the obama administration reacted quickly ordering a federal civil rights investigation. >> this is not a new york issue nor a ferguson issue alone. >> this isn't a blackish and it isn't a whitish, it isn't a latino issue it's an american issue. >> when anybody in this country is not being treated equally under the law that's a problem. and it's my job as president to help solve it. >> reporter: in new york garner's family called for peaceful protests. >> i'm termed to get justice for my husband. >> how could we put our trust in the justice system when they fail us like this? >> reporter: daniel pantaleo the officer who was not indicted said in a statement it's never my intention to harm anyone. and i feel very bad about the death of mr. garner. we learned this morning there's

a march planned here in the nation's capital december 13th, francis. >> all right. tracie potts there for us in washington, d.c. new details in the case of a 12-year-old shot and killed by a police officer in cleveland. it turns out the officer that shot the boy had previously been judged as unfit for duty. new lie released documents showing tim lowman as distracted and weepy after firearms training. a funeral was held for rice on wednesday. he was carrying a toy pellet gun without his identifying orange tip when he was shot. a toy gun buy back is being planned for later this month in cleveland. organizers hope it encourages kids to talk with parents about the danger of guns both real and fake. there are more accusingations against comedian bill cosby this morning. >> justice demands accountability and if mr. cosby is found liable, then he should

be held accountable. >> civil rights attorney gloria allred is now representing three more women who claim to have been sexually assaulted by cosby in the '70s and '80s. they are too late to sue and the lawyer has urged cosby to waive his statue of limitations. in the past few weeks 20 other women have accused the comedian of sexual assault. cosby has not been charged. there's no comment on the latest claims. a new twist in the immigration showdown. 17 states are sue tugs and president obama. leading the lawsuit texas. it claims the president's use of executive power crossed the line. >> the constitution prescribes immigration policy be fixed by congress. not by presidential fiat. >> 5 million people living in the u.s. would be shielded under the president's plan. a texas killer's execution is on hold. he was supposed to die wednesday at 6:00 p.m. but a court stopped

it. in 1992 he fatally shot his inlaws. during the trial he represented himself. he tried to subpoena jesus, the pope and jfk. in recent weeks lawyers argued that 0 he's mentally ill and should not be executed. in 2050 or in 100 years in a book how humans got to mars is written what happens today might be chapter one. three hours from now orion a ship designed for deep space travel will make its first unmanned test run. nbc's jay gray is at the kennedy space center. good morning. exciting out there. >> reporter: it really is. you talk about that weather right now nasa officials tell us 70% go. the forecast looks good. the orion, like this morning first test of a ship designed to carry astronauts into deep space since the apollo missions. while orion may take a trip to the moon the idea here is to

travel much further. idle on pad 37 for now orion sits on the edge of history. for the first time in more than 40 years this nation will launch a spacecraft intended to carry humans beyond earth's orbit. that's a big deal. the orion program has nasa's bid to get back into man's space travel after more than three years from the final space shuttle. but this time the plan is for deep space and ultimately mars. still team members stress they can't get there without today's unmanned test run. two laps around the earth climbing to 3600 miles above the planet, 15 times higher than the international space station before rushing back at more than 20,000 miles an hour as it re-enters the atmosphere then slowing down ultimately to less than 20 miles per hour. before splashdown in the pacific ocean. >> we need to make sure it works right before we put people in it. we're pushing on those systems, heat shield, parachutes and

other things to do just that to learn how this vehicle behaves in the environment in deep space. >> reporter: the test flight today is expected to last about four and a half hours while the impact is expected to stretch deep into the future of american space travel. and we are just under two hours away from that scheduled launch here. there's a two hour plus lunch window so things just aren't perfect they can wait. nasa spend more than eight years and $9 billion developing orion. there's one more unmanned test flight and then first flight with a crew could come as early as the year 2021. that's the latest here at kennedy space center. i'm jay gray. >> a couple of exciting hours left. last night thousands descend on rockefeller center for the lighting of the christmas tree. it was a dazzling display.

the lights flicked on illuminating the tall spruce from pennsylvania. mariah carey, lady gaga, tony bennett and many other stars performed. now to the latest on sports. the 76ers season long losing streak is over and they were just 0-17 one loss away from tying the nba record for worst start. williams put up 20 points in their victory over the timberwolves. a buzzer beater finish in milwaukee. mavericks go one on one. the buzzer sounds to beat the bucks 107-105. the college hoops we go in a match-up of college basketball heavyweights. fourth ranked duke sank wisconsin. 80-70. and iowa upset 12th rank north carolina 60-55. handing the tar heels their first home loss this season.

a utah stunt hit a lucky half-court shot during halftime. what happened? he pockets $600 for that. it's that time of the we're when crazy fantasy football bets are paid off. look what happened to this man. he had to recreate the popular video. in all his glory and for all of us to see. time to get down to business. >> good morning. ford is expanding a recall of cars with takata air bags. takata said it doesn't know what's causing these air bags to explode. workers are going on strike in new york and several cities. they are calling for a minimum wage of $15.

more americans are falling behind on their car payments. the balance of loans at least 60 days overdue rose 27%. these signs of trouble they come after significant increase in lending to people with bad credit and limited means. back to you. >> still ahead this morning a new twist in the case of 100 missing brains. after six straight day of rain some parts of california are under water. in san francisco the water is causing sink holes and potholes to open up.

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good morning. welcome back. i'm meteorologist domenica davis. the big weather story continues to be on the west coast where we're looking at heavy rain from san francisco that will turn into winter weather in parts of washington and oregon today and even western montana. that's where we have our winter weather advisory. heavy rain for phoenix and down the south once again and start

to ease up by the weekend. for the rest of us the east coast starting to dry out. temperatures much more mild in the 40s. rain down to the south. dallas and san antonio in the 60s but looking at heavy rain throughout the day. back to you. some stories making news this morning. breaking overnight a group in yemen is threatening to gill a u.s. citizen. according to a company that monitors terrorist group the militants threaten to execute summers in three days if demands to the u.s. government are not met. in denver a ferguson protest ended badly. four cops were hit by a car, one was critically hurt. the driver's medical condition may have caused the accident. from the "new york times" north korea has one jong-one. anyone sharing a name with their

leader needs to choose a new one. from the "l.a. times" case of 100 missing brains in texas takes an odd twist. they went missing from a university. students didn't take them neither did zombies. blame bad bookkeeping. the brains were destroyed in the '80ss. up next the meeting at the white house they are trying to hide and tony blair's holiday card. what is he doing with his mouth that's gone viral. scramble politics is next. ring ring! progresso! i can't believe i'm eating bacon and rich creamy cheese before my sister's wedding well it's only 100 calories, so you'll be ready for that dress

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time now for scrambled politics. up first the eric garner decision. peter king twitted thanks to si grand jury for doing justice and not yielding to outside pressure. decision must be respected. king went further. >> 350 pound person who is resisting arrest. if he had not asthma and a heart condition and was so obese most definitely he would not have died from this. people are saying that he said 11 times or seven times i can't breathe. the sfakt if you can't breathe you can't talk. >> on the democratic side charlie rangel talked about race in the u.s. >> having a black president has resolved the problem at all. the color of one's skin depends on how the future lives are going to be or whether or not they are going to live at all. >> and now if walls could talk.

obama and hillary clinton meet for catch up session. we don't know what it was as far as a private oval office meeting. it lasted an hour. what we don't know what they chatted about. well she's back in "the washington post." kathleen sebelius healthercare.gov was like buying an airline ticket using your fax machine. as being a scapegoat for its failures? >> no. i think that i was a ceo of a big company with an important roll out and healthercare.gov was something that had been promised to work smoothly. >> now that tony blair's holiday card. it's getting mocked. see the reason. what is he doing with his mouth? cue the twitterverse with that one. one person said the strange thing about tony blair's christmas card is how the teeth seem to follow you around the room. another blair's christmas card the emoji edition.

that's your morning edition of scrambled politics. hopefully bill franken would have done a more generous smile. let's start with the big news overnight, the protests over the fwrj's failure to indict a police officer in thorric garner death. critics are now looking at this, $75 million that the white house wants to use for police body cameras across the country, arguing now what goodwill it do. could that be a blow to the president's push? >> well, there are some questions that need to be asked about the body cameras. the consensus is that it's probably a good idea to have as much evidence as you can about the actions of police because they have so much responsibility and so much instant power. however, as we saw in the eric garner case even a video record does not necessarily result in some sort of indictment.

so the question is what good would they do. i advocated before that maybe all of us should wear a body camera that way we can keep them running where the police can figure out ways to turn them off. >> in world where everything is recorded they days too. let's talk about the federal investigation as far as civil rights violations. you got michael brown, eric holder who is leaving. where does that leave things and how willow letta lynch play into that. >> loretta lynch made it clear she will pursue this as aggressive as eric holder did. they seem to be in lock step. the bar is very, very high for civil rights charges against the police official. so maybe people should not hold out hope about this. the problem we really have here is that you don't have a consensus in this country as a columnist said in the "the washington post" this morning. we're talking past each other. the white experience is not something that the blacks can understand, and vice versa.

so we have this problem that there's no real pressure on government to make improvements. >> i wish we had more time to ask you how far this lawsuit against the president will go over immigration, 17 states now suing. next time. always a lot of stuff to talk about with you. coming up meryl streep avoid a thanksgiving disaster. jimmy fallon, why two shows were suddenly cancelled. -money's freedom. -money's always on my mind. credit cards. -mortgage. -debt. it's complicated. it's not easy. i'm not a good budgeter. unfortunately, i'm a spender. i would love to learn more about finances. so there's questions about the world that all of us have, especially about money and finance. the goal of khan academy and better money habits and the partnership we're doing with bank of america is to give people the tools they need to empower themselves. hard it can be...how ...to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema.

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. time now to bring you some entitlement news. congratulations in order for jimmy fallon and his wife. the couple welcomed their second daughter into the world

wednesday morning. she weighed in at five pounds and one ounce and "tonight show" alerted to their fans, due to unexpected but delightful circumstances there will not be new episodes tonight or thursday evening. an update on hackers who hit sony studios this week. the hackers have released the salaries of james franno and seth rogan. the duo got paid $6.5 and $8.4 million respectively. and the gang is back on the big screen. a new short will premier before the new action film cinderella. and pharrell williams fook more streamed songs. and meryl streep's oven malfunction had to borrow her

neighbor's kitchen to finish the thanksgiving dinner. i'm francis rivera and this is "first look" on msnbc. "way too early" with thomas roberts starts right now. have a great one. ♪ no i don't accept his apology, i could care less about his condolences, no i could care less. he's still working. he's still getting a paycheck. he's still feeding his kids and my husband is six feet under and i'm looking for a way to feed my kids now. >> apology not accepted and public rebuke protesters take to the streets in new york city after a jury declines to indict a police officer in geric garner's chokehold. speaker john boehner leads a way

to avert another government shutdown. ted cruz has something to say about that. we have very good news for you iphone owners apple developing technology to save those of us with slippery hands. this is "way too early"! good morning. it's great to have you with us. i'm thomas roberts. it's thursday december 4th. welcome to "way too early" the day known as post-team christmas party which was a good time. oh, yeah. it was a good time. we had a nice time. we'll show you some of those highlights coming up later. we have some very serious news to get to this morning. and we begin here in new york city where widespread protests erupted after a grand jury's decision to not charge a white police officer in the chokehold death of an unarmed black man. this is the powerful front page of new york's "daily news" which reads "we