police do this, why didn't the police do that? they weren't in that situation. these things happen in circumstances that are tense, very uncertain and they rapidly evolve. in a very short period of time that shooting took place. and now people on the sidelines want to put in their two cents. they get to do that. we have to deal with that all the time. but the rule of law is a standard i want to apply to this police shooting. >> you know we had obviously another case where the police were involved in the shooting of a citizen who was unarmed as it turns out. and that was in ferguson, missouri. and that police officer was not indicted. but nonetheless eric holder's doj is still taking a look at the ferguson police department. a very hard look. now we get reports that his very last before he leaves office is going to be a report that's highly critical of the police in ferguson, missouri. and they will be criticizing them for disproportionately ticketing and arresting african-americans, relying on fines allegedly to balance the city's budget and suggesting that there is racial anamys.