hey, everybody, good morning. i'm thomas roberts. it is friday, december 5th. welcome to "way too early." the show where friday never comes fast enough. would be bet fer it is paperyda friday. it is not. no. great to have you with us. another protest to talk about in new york city a second night in a row thousands took to the streets protesting a lack of indictment in the eric garner choke hold case. the holland tunnel what it looked like. one of several major arteries brought to a standstill during the evening rush hour. about three dozen arrested during mainly peaceful protesting. other protesters staged die-in proep tests or carried coffins with the names of alleged police violence victims. the anger is spreading across the country as protesters call for justice in other cities including chicago, washington, d.c., dallas and oakland. meanwhile, there is both praise and criticism for new york city

mayor bill delazio. the presidentpresident -- bill . the head of the union says danielen pantaleo is a model officer, and that de blasio insulted police when he said his african-american son has been told to be careful when he interacted with officers. >> what police officers felt yesterday after that press conference is that they were thrown under the bus. that they were out there doing a difficult job in the middle of the night protecting the rights of those to protest, protecting our sons and daughters, and the mayor was behind microphones like this throwing them under the bus. he needs to support new york city police office, he needs to say, that teach our children, every last one of our children, our sons and daughters to respect police officers. you cannot resist arrest, because resisting arrest leads to confrontation, confrontation

leads to tragedy. >> i said, there is a history and there is a reality a lot of people feel fear. it's not that they should. it's that they do, and we have to address it and we have to be honest about it and i don't think denying that reality will move us forward. what we're trying to create is a dynamic where every young person of color understands that a police officer is there to protect them and they feel respected and they feel, in fact -- they can work with the police, they should want to provide information to the police, et cetera. that's what we're trying to get to, but we're not there yet. >> the mayor added the city police force will be retrained so all people are treated equally. governor cuomo was cowli incall for a full review of police training as well as grand jury policies and learned a limited amount of details from the grand jury's investigation. documents show that the panel sat for nine weeks, and heard

from a total of 50 witnesses. that included testimony from 22 civilians in addition to police officers and medical officials. there were 60 exhibits admitted into evidence including four videos, police training information and eric garner's medical records. eric garner death could come up on capitol hill. speaker john boehner left open the possibility of hearings saying there are a lot of unanswered questions and the issue came up upon 2016 president's contenders who took different tacks on the issue. hillary clinton argued from a different perspective saying there is no place for weapons of war on american streets and that there is a reality of unequal treatment. >> each of us has to grapple with some hard truths about race and justice in america. because despite all the progress

we've made together, african-americans most particularly african-american men, are still more likely to be stopped and searched by police, charged with crimes and sentenced to longer prison terms. >> and cleveland, a scathing report released by the u.s. justice department about the city the police department. a 21-month investigation and now that it is closed this has been released. it found officers frequently used unnecessary force and the report states no more than 51 officers were disciplined over the use of force in 3 1/2 years. the justice department criticized the police department for poor recordkeeping and says inadequate training put the public at risk. attorney general eric holder says a court appointed monitor should be appointed to oversee reforms that will not occur overnight. this investigation was launched after a series of controversial police involved shootings and it was completed before a police

officer shot and kill add 12-year-old with a toy gun just last month. so this brings us to our twitter question four this morning. do you think the recent events in ferguson, cleveland and new york city have changed the way that americans view law enforcement and to what extent do you think that social media helped amplify the protests, messaging strategies as well as sharing of information about the facts here? tweet us your answers at "way too early." we'll read the best responses coming up later in the show and look forward to hearing from you. rules ta crack down on military sexual assaults are either starting to work or haven't done nearly enough. depends when member of the senate you speak to. a year ago, adopted changes but stopped short taking out of the chain of are command as some wanted. a report shows since last year unwanted sexual content is down. 27%. while reporting of incidents is up, 8%. an anonymous survey shows survivors are generally satisfied with the level of support from their unit

commanders, and a new special victims counsel, but an estimated 19,000 cases of unwanted sexual were contact. when it comes to retaliation, the numbers remain the same setting up two very different readings how effective the changes have been. >> i think this report shows that we are making progress. >> well, we've seen in this report that the definite of defense continues to fail in protecting victims from retaliation, retaliation is as strong as last year. we've seen zero improvement on retaliation, and witnesses still don't -- victims still don't feel comfortable coming forward and having a case be investigated and go to trial. so i think this report shows a failure in leadership. a failure by the chain of command. >> how is the victim going to be feel more protected when a manneder said this case is going forward or when a lawyer half a continent away said this is going forward? which will give her or him more protection in the unit? obviously the commander.

signing off on the case going forward is going to give that survivor a lot more protection than a lawyer nobody knows a half a continent away, and that's what we'd be looking at. if, in fact, the other alternative proposal had been adopted. details are emerging about a failed attempt to rescue a british born american hostage that militants are threatening to kill in yemen. the pentagon confirms a secret raid occurred last month to res tu luke somers a 33-year-old journalist held by al qaeda's branch in yemen's some hostages were saved but somers was not at the targeted location. the state department says president obama approved the raid as soon as there was credible intelligence, but the "wall street journal" reports officials knew of somers possible location a week earlier. as we turn to politics now if she chooses to run, hillary clinton can count among her supporters one mp the world's most wealthiest men. billionaire warren buffett donated the maximum amount

announceed by law for the superpac, not affiliated with the former secretary of state has many ties to clinton friends and advisers, raised over $11 million ahead of a possible presidential campaign. in the hill newspapers report clintons supporters and allies seeing four possible republican candidates at the biggest throat a 2016 win. jeb bush, rand paul, chris christie and wisconsin governor scott walker. among those men, the former florida governor reportedly garners the clinton camp's fear and most importantly, respect. speaking of jeb bush, the former florida governor reportedly has been putting out feelers in new hampshire, the granite state. clear politics is reporting two top republican strategists in the state were contacted this week by someone close to bush to discuss their interest in leading a possible presidential campaign there. on whether or not he'll ent are the 2016 race, one of the gop operatives told the site, athink a decision has been made personally. he's not reached a decision or

reached out to anyone in new hampshire, but interesting to watch. all right. switching gears. talk business news for you. a new jobs report coming out this morning and small losses across the board yesterday. red arrows there. cnbc's steve sedgwick joins us live. what are analysts predicting job numbers for today and the impact it could have on the market getting near a psychological number of 18,000 for the dow? >> absolutely. we were marking time yesterday. the energy stocks came off, had three days of big, big rails came off a little with oil price plateauing somewhat. the number, important. all different kinds of levelsexpecting a 5. % headline figure 2, 30,000 jobs created. headline numbers, strongest job creation since 1999 and could be the green light for morales in the numbers. look at more sophisticated, u6, under employed workers, 5.8%. head line rate, this one 11.5% in october. much worse.

people under employed included in head line figures. parngs rate, i.e. americans, 63% of them out of a total population are in work at the moment. we want to see improvement on that number as well and what we really want to see is real a wage growth as well potentially. in october, wage growth, annual basis, 2%. barely keeping up with inflation. yes, look at the headline figure, get excited, the other numbers viewers deserve to knowalities bit more about as well. another story four about uber, of course. five years ago just an app on a phone which basically called private car hires. now concluded $1.2 billion of financing, valued the company, wait for it, $40 billion u.s. and people expecting and hoping to see an initial public offering and share listing of this company. >> wow. really moved along quickly in a short period of time. steve, bring us up to speed. sony, dealt with a lot dealing with the hacking scandal. had to deal with a lot of revered content put out early

and personal information of top execs and employees, social security numbers. what's the latest? >> yeah. look, the guardians are peace, whoever they are, hacked and put all of this information online. it's getting worse. 47,000 current and former employees. >> wow. >> have had a lot of detail. personal details taken away. working for them in year 2000, still put your details online. they might pick the wrong guy, though, these guys. also put sylvester stallone's details online. i don't know what happens if they get ahold of him. >> rambo? >> rocky, what you like, home addresses posted on line for people. started working 15 years earl r earlier. pyongyang, north korea, denied they had anything to do with this saying that's a fabrication. yet know fabrication from the west that we're involved. >> still a big mess for sony for sure. steve, have a great weekend. appreciate it. still ahead on "way too early," the chicago bears are just trying to catch a break this season.

could they break the cowboys' winning road streak? we got your best thursday night football highlights coming up for you. plus, los angeles police are willing to investigate sexual assault charges against bill cosby regardless that statutes expired and that cosby and his lawyers are getting ready for a fight. that's when "way too early" comes right back. stick around. i'm not here to try and cause any retribution or any payback for anything else. the jury convicted you, and now i'll sentence you. 9 to 33 years for simpson. 7 1/2 for co-defendant clarence stewart.

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you can fix the hair. anyway -- you can. welcome back. time for sports. begin with the bears hosting cowboys thursday night football. cowboys remain perfect on the road guaranteeing a first winning season since '09. demarco murray led the way, season high. 179 rushing game including a trip to the end zone. quarterback tony romo tossing three touchdown passes beating the bears 41-28. the hardwoods in the nba. cavaliers visiting the knicks at madison square garden. a season high 37 points. a layup. the cavs a three-point lead, 10 seconds remaining, new york time for a final shot. carmelo anthony missing a tying three pointer. cleveland wins its fifth in a row. 90-87. all right. meow. if you've ever seen the 2001 comedy "super troopers." have you seen it? yes. gabriel knows this. familiar with the meow or the cat game, when a person tries to

slip the word meow into a conversation as many times as they can. one hockey player does a good job during an interview. doesn't crack a smile. take a look. >> ray, a couple weeks ago youened atalked about the team needing to start quicker. looks like you did that today. >> yeah. came out, hit a few guys quickly there. you know, we've got to get in the corners and maybe pass a buck a couple more times down the neutral zone there. >> up 1-0 early. the team is leading in the north division pup need to make up ground. what do you got to do the rest offy the way? >> banking as many points now, but right now doing a good job, you know? coming out and getting the first goal. >> meows in 40 seconds. i like the little cat emoji heads that he put up there. go ahead a check on your weather. nbc meteorologist, standing by. a hard act to follow.

>> it is. first when you introed it i thought maybe were you starting a cat fight or, you know -- >> no. >> people were going to scratch each other's eyes out. >> didn't crack a smile. >> he's very good. >> weatherwise? what are we looking at? >> a mess out in the west. riverside county southern california. looking at really unbelievable stuff with the rainfall that's come down. in just a short period of time. look at that. you can see the car is completely submerged. dealing with mudslides. the good thing is the flood watches and warnings have come down bay the rain expected over the next couple of days is lighter. we're not looking for that could tont. certainly good. the parade of storms is continuing. on a pattern of every other day getting a new storm that rolls in basically. today it comes in the afternoon. light showers now. north of san francisco, up to seattle that will intensify and could get an additional inch sow two inches in parts of northern

california all the way up through oregon. here's aing who at your friday forecast. rain is moving across the midwest. and it is pushing into the northeast by late this afternoon and this evening. that's a look at your forecast. thomas? >> all right. thank you so much. appreciates it. at the top of the hour on "morning joe," commissioner bill bratten on the eric garner case and ensuing protests across the country. his top opinion on this and what he thinks about how this is going to all shake out in the city. the changes that the mayor wants to implement. first, defense secretary chuck hagel talking about his decision to resign saying, you have to know when to leave. was he really forced out or not? we're going to break it don for you. that and much more, right after this.

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a e. welcome back, everybody. major headlines today and take you to los angeles, police are ready to investigate any allegations against bill cosby regardless of the statute of limitations. he fought back today with allegations he assaulted a minor. >> reporter: legal papers bill cosby's attorney calls it meritless and unsupported

claiming it was filed immediately after mr. cosby rejected the plaintiff's outrageous demand for money in orpder not to make her allegations public. >> this looks to me like bill cosby is getting ready to wage war in a court of law. >> reporter: cosby is accused of sexually assaulting the plfr judy huth in 1974 when she was 15 years old meeting him at a park where he was filming a movie he took her to the playboy mansion. told her to lie about her age and gave her alcohol. she emerged from bathroom and found cosby sitting on a bed, "he asked her to sit beside him, he proceedsed to sexually mol t molest". huth tried to sell her story to the tabloids nine years ago. this is important, cosby's attorney argue, in order to file a claim she must argue her psychological illness had been repressed and only discovered within the last three years. the huth suit aemgs she only recently realized the lasting

damage caused by cosby. he's never been charged with any crime. more than 20 women have come forward with allegations. >> for years i did not tell anyone about what he had done to me, because i was afraid. >> reporter: 340e6789 of the accusers do not have the option to sue because of the stcht of limitations, with one suit working through the courts, cosby is fighting back. >> one more thing to point out. the navy revoked his title of chief petty officer calls the allegations against him serious and in conflict with the core values that it holds. addressing his resignation for the first time now, outgoing defense secretary chuck hagel didn't offer specifics why he's stepping down after less than two years on the job but the decision came after several private meetings with the commander in chief. the former republican senator claims he was forced out or quit because of policy differences with the president. >> number one, i didn't come

into this office with any preconceived notion i'm staying four years one year, three years. this is a business that, that's always unpredictable. you recognize that going in. 2340 ono one ever knows about aa job, especially a big job until you get in it. until you're the actual practitioner of the job. second, it wasn't a matter of whether i thought i could stay here for another two years. i thought i explained that. that wasn't the issue. whether i thought i could do the job, whether it was isil or any other challenge, that wasn't the issue. >> so hagel said it was time for fresh leadership and "you have to know when to leave." the first official sign of that fresh leadership could come later today when the president is expected to name ashton carter as his pick to replace hagel. at the "wall street journal" is framing it, there is a newly

released inquiry finding no smoking gun between governor chris christie and the george washington bridge closures. according to the report there is no conclusive evidence the new jersey republican knew or didn't know about the lane closures before they happened, but there is one big caveat along with this. the legislative probe noted investigators weren't given an opportunity to interview key players in the story, including former christie confidents, a federal investigation is xpeshgtsed to wrap up next year while a law firm hired by the christie administration cleared the governor of wrongdoing. our twitter question and responses from you today earlier in the show we asked what you think about the recent events that happened in ferguson, missouri, cleveland and new york city, and how it deals with the opinion of law enforcement in america, and americans expressing their opinions through social media. has that helped amp pla fip the messages strategies? our produce hear some of the best responses. jay what did we get? >> good morning, thomas. >> good morning. >> lind dey tweets, we should

all lookality these terrible events and learn to treat everyone with dignity and respect, and margaux says this exposed what people feel more, but did not change them. police are not above the law and that needs to change. >> no. really amazing to see how people are expressing, organizing and how politicians need to recognize the dissent people are feeling. stick around. "morning joe" starts right after this. good morning everybody. we are about to make more deliveries to more places than anybody on earth. we have the speed. we have the technology. and we have the team. we made over 15 billion successful deliveries last year. 15 billion! football has a season. baseball has a season. this is our season. ♪

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new york has been engulfed in a hell storm of peaceful protests. demonstrators have taken to the streets halting new york traffic to a level that can only be described as new york traffic. look, i know people are angry but this is not the time for activists to turn midtown sidewalks into a congested war zone, this is the time for tourists to do that. >> that's pretty