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Duty troops into the streets. We had substantial dominant force and we have to have a dominant information. Maybe it doesnt sound good to say but we need law and order. Dana some governors say new curfews helped keep the protests under control. Were also expecting to hear this hour from George Floyds brother. Hes set to speak along with the nypd commissioner. So well have a lot to get to. Lets begin with Kristin Fisher to set us up for the news that were going to get in the 2 00 hour live at the white house. Kristin . Dana, in an interview on fox radio this morning President Trump said he didnt know anything about the plan to push protesters back from Lafayette Square monday night even though you could hear the loud booms while the president was speaking in the rose garden. So the president is placing the responsibility for that decision on the attorney general because we now know that it was bill barr that ordered the expansion of that perimeter. When i said go to the church, i didnt know protesters or not, nobody tells me that. They say yes, sir, well go to the church. I didnt know who was there. I thought i would walk over, very nearby. Defense secretary mark esper that also walked with President Trump to the church, he says that he didnt know anything about the plan to push back protesters either. So the question remains, if the president did not know, then who did other than the attorney general . So expect a lot of questions about that at the briefing today and also about some things that defense secretary mark esper said in a News Conference at the pentagon earlier today. He told reporters that he would not support President Trump invoking the insurrection act. The option to use active duty forces should only be used as a matter of last resort and the most urgent and dire situations. Were not in one of those situations. So you can hear the defense secretary is really not in line with the president on his threat to deploy active duty u. S. Troops on u. S. Soil to quell these protests and theres a lot of questions about the defense secretarys job security as we head into this briefing, dana. Dana all right. Kristin fisher, thank you. Im sure well see you at the briefing. I want to bring in ed henry, coanchor of americas newsroom. This morning the news that esper made happened during your and sandras show, americas newsroom. And in some ways because the reporting wasnt perfect but it was more peaceful over the nation, does that maybe mean that you wouldnt need the insurrection act . Perhaps the governors and the mayors have more of a handle on things now . Perhaps. Perhaps the president gets some credit because he was pushing the governors and mayors to get stronger. A lot of people dont like that. They think its too tough. Maybe its not diplomatic, its not nuanced enough. The president sent a message that everybody had to get tougher. Guess what. The protests were calmer. We should respect the right to protest. People want to petition their government. We should also point out though that some of the reporting from a couple nights ago was false, which is that there was all of this talk that really spun this up into a controversy, that pepper spray and whatnot was used. As you know, the u. S. Park police has come out strongly and said that was not true. Nonetheless, pushing Peaceful Protesters out of the way for a photo op wasnt a good look for this white house. Certainly wasnt a good look for the defense secretary and its very clear he was trying to clean that up. Dana and i also think when youre explaining pepper balls versus pepper spray, its not necessarily a good one to have to deal with. But i can understand that the president himself may not have known. He also told Brian Kilmeade today that he didnt go to the bunker there at the white house. I had assumed that if he had gone, its because the secret service had to do it to protect him. He didnt go. Thats the story that is insignificant compared to the violence, the destruction, the looting its a side bar story. Dana the depravity. Right. So now you have the press secretary going to come out and talk today. Obviously shes going to get some questions. How do they believe the story forward today . As everybody reflected on the last day or so, think about what former president bush did with an eloquent statement but how saddened he is by this and how he thinks there should be a constructive conversation on race. Well hear remarks from former president obama in a couple hours with my brothers keeper, his nonprofit. Both leaders of the parties saying how do we get unified . Those words. The current president , President Trump, has to also deal with these protests and just as importantly deal with the looting. I mean, look, im not going to make it about me but when i hear people on this channel and other places claiming the looting is exaggerated, i saw it in my own neighborhood. A lot of our colleagues live near where i am. It was horrifying what was going on. Not for me personally but Small Businesses hit hard by covid and just coming back. In my neighborhood in new york they have been destroyed. Who will help them out . Not a lot of people seem to care action much about that. This president has to a, deal with taking action. As i said, some people might not like that he talks tough and the red rick and all that. Secondly he has to find a way as former president bush and former president obama in the diplomacy. Unifying the nation. That is not his first instinct for this president , which is nuanced. Dana the president did that. I felt like i was anchoring saturday afternoon. I felt like the president did that before his remarks at the space center. Again, the facts on the ground, what people see with their own eyes and ears. What happened in front of the clutch the other day with the protesters, a lot of reporters there, eye witnesses. Theyre like thats not what happened. If you have a great idea for the president , you have to figure out a way to allow him to make those remarks in a place where theyre going to be memorable and not pushed aside for something else. His speech about space was also very good. But because of the facts on the ground it got buried. Im curious. When i saw the description of president obamas remarks tonight, it was described as remarks to the nation. Now, because of technology, all of us could give remarks to the nation at any time. I could announce that jasper and i are going to give remarks to the nation and hope you join us. Its Something Different you only have one president time. Right. I understand a lot of people are pressuring these former president s to come in and perhaps president obama can Say Something that will be helpful and constructive. But were also in the middle of this president ial election. I wonder what you think about this. The combustible nature of this. Karl rove, i asked him this morning on americas newsroom about the fact that you have the trump critics saying the statement that former president bush put out was in fact as i said eloquent but somehow ali aligning him with joe biden. Karl rove said thats nonsense. He knows theres onent at a time. Hes not trying to undermine President Trump. So yes, its combustible in this environment. This president , President Trump, has to find a way as i mentioned a moment ago to bring the country together, at least try. In fairness to him, people have to give him a chance to do that and not just he wants to go to a church that was burned and demonstrate faith but also demonstrate strength and everybody in the world seems to want to throw stones and say it was the worst thing that they ever saw. Lets put this in perspective. The church was on fire. Small businesses have been destroyed. The country has been torn apart in some ways. The this president has a responsibility as i say to unify and not just throw stones themselves on twitter or somewhere else. But give the man a chance. When given that chance, he needs to rise to the occasion. Dana ed henry, thank you and stay safe getting home tonight. Fox news alert now. Were getting breaking news on the charges against the officers involved in George Floyds death. Its not just the one that dug into the mans neck for more than eight minutes. Details next. This moment. This moment right now. This is our commencement. No, well not get a diploma or a degree of any kind. But we are entering a new chapter in our lives. Our confidence is shaken; our hearts cracked. The kind of a crack that comes from the loss of a job; from life plans falling apart. We didnt ask for it. But we are rising to meet it. And how far weve come isnt even close to how far we can go. We just have to remember how patient we were. How strong we can be. how strong you can be. and remember this; theres a crack in everything for a reason. How else can the light get in . Tomorrow starts today. Dana a fox news alert. Minnesota senator Amy Klobuchar tweeting that Keith Ellison is increasing charges against derek chovan to Second Degree and also charging the other three officers. This is another important step for justice as weve been hearing from protesters and the floyd family. Lets bring in the mayor, melvin carter. I wanted to talk to you about remarkable scenes in your city. Let me get your reaction to this breaking news that Keith Ellison, the attorney general will increase the charges against apparently charge the other three officers also. Thats very absolutely critical. Everybody knows the basic job of a Police Officer is to help when people are hurting. So when we look at this video and see the officer committing this gross atrocity against humanity, against george floyd, when we see that video of his murder, theres also a wrong doing there. I heard people say the officer that did nothing. Thats inaccurate. The officers assisted, helped hold him down, guarded the scene while it happened and its unacceptable as well. All four month be charged and held accountable for their actions. Dana do you believe these additional charges will help the Peaceful Protesters feel like theyve been heard and that justice is on the way and perhaps help quell the violence as well . I think these charges will help people feel a little bit more that its possible that maybe someone will be held accountable for George Floyds murder. Lets be clear. None of this started with george floyd. Weve seen life after legislative taken. American men and women whose live have been taken and disturbing in ways over the past ten years. But even before there were camera phones, my father and my grandfather and his grandfather could tell you about these exact same scenes playing out. The anger in the community is real and its understandable and i think what is really going to help people feel a sense of justice is not just knowing that this one case will be followed up on but knowing we as a country will do the soul searching to make sure this never happens again in our country. Dana to that end, describe the scene for me earlier this week when you led an attempt at reconciliation. I appreciate the question. We woke up, same as everybody did, to just the Haunting Images on Tuesday Morning of George Floyds murder. Every member of humanity i know. Police officers, ceos, neighborhood activists. People look at the video and say its unacceptable. We cannot accept that as the status quo as how Law Enforcement operates in our community. Its important to note that the anger that weve seen, the rage that this enormous energy that weve seen around it is understandable and the truth is feeling angry about that is really the only human response. Unfortunately there are some who manifested that anger in ways that were destructive an unacceptable. Ended up further traumatizing and revictimizing the same communities that are already traumatized by the video, the same communities traumatized by the history of violent policing in america. We cant do that. We have to continue this energy. We have to continue to protest. We have to continue to press inpatiently to make sure the focus is on the facts, that george floyd should still with alive, that all four officers responsible for his death must be held accountable and we work from prevent this from happening again in our community. Our call here and nationwide for me is for peace, express our energy in a peaceful way but not patient. Never return to patience. Never asked for people to wait while we dana mr. Mayor, i need to get to the white house briefing. Thanks for coming on the show. Kayleigh mcenanybriefing reporters. Lets listen in. Made a powerful march and a powerful point. That all americans should be treated equally. That Racial Discrimination was unacceptable, abhorrent and needed to be rectified. In the famous i have a dream speak by reverent dr. Martin luther king, he said this. We must not allow our creative protests to get to violence. Again and again, we must rise to the Majestic Heights of Meeting Physical force with soul force. Thats what Martin Luther king said when he said this, i have a dream that my four children will live in a makes that they wont be judged by the color of their skin. Important actions from an American Hero that contributed to making this nation the greatest on earth. With that in mind, we must remember to recognize the lives lost, the passing of george floyd killed unjustly in a horrific video that we all have seen and we must also remember the passing of police david dorn, shot and killed by looters. A absolute tragedy. 77 years old. A retired officer. His wife was a Police Officer herself. He was a hero and an unfortunate casualty in the riots. Our hearts are with his family. Were all americans, we muscle come together and we must june phi and have law and order. With that, ill take questions. I have a couple questions. Cbs newses that learned that secretary espers remarks were received well in the white house. Does the president still have confidence in secretary esper . So not that im aware of in terms of expressing his opinion and i wouldnt get into the private conversations that went on here in the white house. With regard to whether the president has confidence, id say if he loses confidence in secretary esper, im sure youll be the first to know. As of right now as of right now, secretary esper is still secretary esper. If the president should lose faith, well learn about that in the future. Has Vice President joe biden vowed to set up a Police Oversight board if hes elected. Is President Trump considering anything comparable or any other specific legislative and policy reform to address Racial Disparities in policing . Theres been various thing discussed in the white house. I dont want to get ahead of the president and to what he ultimately determines. The president believes that most Police Officers in the country are good hard working people and he notes that. He notes some of the injustices weve seen and make sure that the appropriate use of force and officers are trained in that capacity. Will there be some sort of federal oversight . Theres discussion, proposals. Nothing done yet. You mentioned dr. King. He wouldnt have approved what took place in front of the white house. If the president and his white house had to do it again, would he have pummeled protesters to have a photo op . Let me first address no tear gas were used or rubber bullets were used. Let me chemical agents were used let me others say they were tear gassed in that area. No one was tear gassed. Thats been confirmed by dod and Park Services as well. So let me go back and address what happened. Theres been a lot of misreporting. First, i would note that these protests that were going on in the morning, a. G. Barr had determined that we needed to expand the perimeter by a block on each side. He was surprised, a. G. Barr, when he arrived at the white house to see the perimeter had not been moved. He said we needed to get going with that. He talked to the officers. That decision was made in the morning. The protesters were told three times over loud speaker that they needed to move. What happened is it grew unruly. There were projectiles being thrown at officers, various projectiles. The officers had no choice in that moment but to acted and make sure that they were safe and the perimeter was pushed back. We know a church was burning in that very area the night before. So the appropriate action was taken and cleared it was burning the night before, which enforced the decision to move the perimeter by a block each side so the church would no longer be in harms way by the rioters. Its uncalled for to throw bricks, to throw Water Bottles that are frozen at Police Officers. The vast majority of those protesters were doing so peacefully and that many of them did not hear those warnings and were just pushed out of the way, just forced pummeled out of the way by their fellow americans, Police Officers. You sent in members of the military to deal with this. What do you say to americans that look at what happened on monday and find that to be appalling . Let me say the National Guard was utilized across washington d. C. The military was not. Theres a distinction. Its uncalled for to throw bricks at officers and uncalled for to throw frozen Water Bottles at officer. They found caches of baseball bats and metal hidden along the streets. The officers had a right to defend themselves. No fatalities and no injuries would you do it again the officers have a right to defend and protect themselves. Next question. I thinks sometimes i get four or five questions wednesday. I want to make sure that people that have a problem with what they saw monday have a chance to have that addressed. What do you say to americans who are just outraged by what they saw . I would say to have a photo op in front of a Church Officers have a right to defend themselves. You know, i have watched a lot of your coverage, the nations coverage. Lets go through some of the things that happened when officers dont defend and protect themselves. In st. Louis, four Police Officers were shot. In las vegas, an officer shot in the head and on life support. In new york, a cop was beat up by people. In providence, four or five officers were injured. In new jersey, a Police Officer was injured. Police officers are out on the front line and defending and protecting you as you come into this building every day, jim. We owe them honor and respect. When theyre under attack, they have the ability to defend themselves. Is the president presently considering using invoking the insurrection act or is it off the table . That is a very good question. The president has the Soul Authority to invoke the insurrection act. The president wants to protect americas streets. We cannot have burning churches. We cannot have Police Officers that are shot. We cannot have businesses that are looted and destroyed. The insurrection act is a tool available. The president has the sole authority. Right now hes relying on the National Guard. Its worked to great effect in d. C. And minnesota as well. Are you saying all the officers at the protest monday, clearing the protest, were acting appropriately . There is one member of Law Enforcement bashing australian journalist. Its about the protesters there as well. Did every officer in that protest, was it cleared in a way that the white house believes was entirely appropriate . That should be the model for the rest of the country . The u. S. Parks services when having bricks thrown at them and Water Bottles had the right and acted with the appropriate level of force to protect themselves and protect the average citizens and the Peaceful Protesters among them as well. Christian. [question inaudible] it wasnt tear gas i would note. What they used was a way to target those being violent. They used the minimal force that they could to ensure that that situation was safe to ensure st. Johns church would not burn a second night in a row and to ensure that no officers were injured in the manner that i listed off. That several officers had been shot at in the course of these riots. Kristin . I have a question about the process for going to the church monday night. The president said on fox radio this morning he never told anyone to push the protesters out. The defense secretary. He said something similar. So who at the white house did know or was this a unilateral decision by the attorney general . The attorney general decided to expand the perimeter. That was a decision made long before the church discussions ever under consideration. When the president gives an order, people act. Its not as if he walks through every detail of how a plan goes about. He says i want to go to the church, he goes to the church. Everybody executes the plan. So the president is right in what he said. Was it okay for President Trump to walk out there even though the protesters were there . Im not aware of the determinations that secret service had as they arranged for the president to walk out there i know the decision to expand the perimeter was a decision may by attorney general barr. And about the coronavirus. Were still in the middle of the pandemic. Dr. Fauci said monday that chances decreased and see had the frequency of the Coronavirus Task force meeting. Is that accurate . Theres a Coronavirus Task force briefing yesterday. Were protecting the safety and wellbeing of the american people. We saw the church burn, the violence in the streets and the president has had several meeting after meeting with a. J. Back, secretary esper and general milley. Were also monitoring the coronavirus and what were seeing develop there. Protests were peaceful monday, why did you clear the area and whose decision was to it clear it later in the day if attorney general barr wanted it clear earlier in the day, why did it take so long for it to be cleared . Yeah, he ordered it to be cleared monday morning. It didnt happen. So he instructed the officers to ensure that it was moved back a block. As we all saw sunday night, it was not peaceful. It was a riot with a Church Burning in washington d. C. The president made sure washington d. C. Was secure monday night. Part of that was to move back the perimeter to make sure that st. Johns church was protected. Quite again between the morning and the evening. Why there was there such a gap . That is a question for a. J. Bashar alassad. He made the order. Why that wasnt deployed right away. When a. G. Barr came to the white house, the order wasnt done so he made the action. Why did the president walk to the clutch . The president wanted to send a powerful message that we wont be overcome by looting, rioting and burning. This defines america. Standing by st. Johns church was very important america. Through all of time, weve seen president s and leaders across the world who have had leadership moments and powerful symbols for a nation to see at any given time to show a message of resilience and determination. Like churchill. We saw him with the bombing damage. George w. Bush throwing out the ceremonial first pitch after 911 and jimmy carter putting on a sweater to encourage Energy Savings and george h. W. Bush signing with the americans with disabilities act flanked by two disabled americans. For this president , it was powerful and important to say that the rioters will not prevail. In that moment holding the bible up is something hailed by Franklin Graham and others and a very important symbol for americans to see that well get through this by unity and faith. The president , you said, he had the results of his physical. We had a physical late last year. When did he have the rest of it done . Im not aware of the exact date. Ill ask dr. Connelly for you. Its recent. Ill go to brett. Thank you. The white house spent a lot of time talking about how the protests are taking place and how people are protesting or shouldnt be protesting. What is the white house doing to address the underlying causes . The president has done a lot. He expedited the review, the fbi review of the george floyd case. He swiftly ensured there was a civil rights investigation to George Floyds death. Ahmaud arbery, another investigation there. Hes recognized what an injustice this was including in his national remarks that he gave saturday. So this president has done everything in his power to send a message that these injustices wont be tolerated. Have they reached out to these protesters or does he plan to do that moving forward . The president has looked at various tools that we can use to ensure that Law Enforcement uses the appropriate level of force. No discussions or announcements there on that front. Ill say were talking a hard look at this. The president recognizes that our Police Officers are heros. The vast majority are good hard working people that love this country and who love the american citizenry that they protect. Former Deputy Attorney general Rod Rosenstein testified on the hill that he didnt read the fisa applications and he didnt prepare the memo that started the mueller probe. Given that, is that a sign that he was involved in crossfire hurricane and he actually kicked Christopher Wray . Isnt it time that the Trump Administration appoints someone else other than wray for fbi director . I have no information on that. There was no there there and he now agrees with that text by peter strzok who obviously had no information of russian collusion but nevertheless strung us through the investigation. You have rosenstein who is quite befuddling who said he wouldnt have signed off on the carter page fisa warrants that had his name on it, that he wouldnt have signed off on it and he wasnt sure that he read every page of it. Pretty gave thing to spy on an american citizen and rely on a russian dossier full of lies for a justification. Its astonishing to hear from him that hes not sure he read every page but its suppose its encouraging to hear with his 2020 hindsight that he wouldnt have signed off on it though. Im sure thats of no comfort to carter page. Where does the president stand now . Does he have confidence in wray today . At this point the fbi director is the fbi director until the president decides otherwise. Youll be the first to know. So yesterdays new york Governor Cuomo made a big statement saying that he might relieve mayor de blasio of his duties. Has there been any talk with Governor Cuomo about sending in the National Guard troops to new york or is there any plan to send the national again to in order . The president will do whatever is necessary to protect americas streets. He made that clear. That is several tools that is one of them. He has the ability to federalize the National Guard should he choose to do that. I would know and very glad you brought up new york. The very clearcut cases of d. C. And new york. D. C. Was in chaos sunday night when you saw the burning of the church. The mayor did not set the curfew. The president said this is unacceptable. He preferred devolving to the state. They have the police power. Its their responsibility to protect the streets. When the president saw that sunday night, he took action immediately. He surged the National Guard and encouraged states to accept their National Guard. He said if you dont act, i will. He noted the military would be on hand if necessary. His swift action made d. C. Story a different night. In contrasting images of d. C. Monday night and new york monday night where there was rampant looting where we saw Macys Department store looted, coach store looted, violence in the streets. New york acted in a way that was inappropriate. They didnt deploy the National Guard. They set a 11 00 p. M. Curfew even after they saw the results of mayor bowsers 11 00 p. M. Curfew. What was new york doing . New york was arresting people on burglary charges and releasing 500 individuals after they arrested them. The weakkneed policies of new york stand in stark contrast to the law and order policies of this president a has succeeded and securing this city as weve seen the last two nights. Does the president believe theres a systemic bias in american Law Enforcement . The president believes theres injustices. Hes pointed them out. Hes not hesitated in pointing out injust tises. He called sandra bland and the use of force against her terrible. He didnt hesitate when he saw the video of george floyd. He was really upset by that video as i noted. He also we have the civil rights investigation into ahmaud arbery. He points out injusts and notes that our Police Officers are good people. Ive seen them out there on the streets protecting people. Ive played the videos for you of the police embracing protesters, standing with protesters. Theyre good hard working people. They protect our streets. Thats what Law Enforcement is about. At the same time, the president will note and call out injustices. This is a president that has not hesitated in doing that. Does he believe the problem is systemic to american Law Enforceme enforcement . The democrats talk about Racial Disparities and sentencing president president obama didnt do that. Guess who fixed that . It was President Trump with the First Step Act that engaged in sentencing reform and rectified some of the disparities that we saw there. Democrats, others, republicans should hail this president for calling out injustices when he sees them on a case by case basis or the First Step Act where he noted the disparity and sentencing reforms. Theres been a number of explanations on the clearing the protesters. Another there was a curfew, another violent protesters. The doj said there was previously going to be done anyway. Can you explain the reason from the white houses perspective, why the white house wanted it done . It wasnt the white house. It was a. G. Barr that said the perimeter needed to be expanded a block each way because we wont see the church burn another night. Ive gone through meticulous detail with jim here how it came about that that perimeter was eventually moved. Im not going to repeat myself again. That would have been done anyway even if there were no protesters . There were three announcements. If the protesters remained peaceful and moved the perimeter not only three times, it would have looked different. When brings are thrown, officers will protect themselves. [question inaudible] i want go further than what the president said because those are Security Matters and i wont engage in that kind of discussion. So going back to rosenstein. What does the president respond to that neither rosenstein nor Christopher Wray was willing to take responsibility for the illegal wiretapping that took place . Yeah, id say the president the dismayed. This happened to the president s campaign. A Republican Campaign was spied on by a democratic presidency, a democratic administration. Based on a dossier paid for by his opponent, Hillary Clinton and the dnc. This is absolutely extraordinary. It is the biggest political scandal that weve seen in the lack of journalistic dana kayleigh mcenanyis holding a hearing as protests continue. We did have breaking news to get back to. This hour, minnesota senator Amy Klobuchar tweeting that the states attorney general is increasing the charges against the indianapolis Police Officer that knelt on George Floyds neck from third degree to Second Degree murder. She said that he plans to chance the other three officers that were there. No word on what those charges will be. Joining me now is jim trustee, the former doj prosecutor and law partner. Tell me what you think about this increasing the charge from the third degree to Second Degree . What does that mean . Well, it probably means theyre able to get together a grand jury. In the age of coronavirus, its hard to get people together and most of the states have realized you cant do there virtually. You have to bring grand jurors together to hear evidence and pass indictments. Im assuming this will be a indictment today which means that they got a grand jury together. The indictment process means theyre free to go. They dont have to be limited by the criminal complaint that was against him. The Second Degree murder charge is intentional murder charge. Its a serious thing. What is interesting and youll hear a lot of squealing and squawking why isnt it first degree, but they made a determination that theres not sufficient premeditation over the course of whatever, five minutes, eight minutes, to justify the mandatory life sentence of a first degree murder. Could be a close call. Could be a lot of disagreement on that its not like the officer left his house, i dont think, planning on killing somebody. What is really interesting, Andy Mccarthy commented earlier today, this little bit of evidence that came out about the other officers, the bystander officers saying something to the officer about maybe we should let him up. Thats devastating for shauvin. That is devastating. We didnt know that nugget. It probably makes it considerably hardest to show any intentional murder on behalf of the other officers. We could easily see man slaughter or third degree murder against these other officers rather than something as severe as Second Degree or first degree murder. Dana speculating here, but is there something below manslaughter for officers that didnt do something to pull him off of floyd . You could there may be some form of Reckless Endangerment statute. If youre going to show recklessness where the person died, youd view it a as a third degree murder or a man slaughterer. So i dont think theyll have lesser charges below man slaughter as a fall back for jury compromise. Well see. They could. Dana but they are Amy Klobuchar, the senator from minnesota. In her tweet she said Keith Ellison, the attorney general, is expected to charge the other three officers. Do you think that will possibly be manslaughter . I think theres a good chance it will be a little less than what were seeing with officer shauvin. It comes down to all of these nuggets of conversation. What did they hear from the people on the sidewalk. What could they hear from mr. Floyd himself . What were they saying while this was happening . If it comes off as the officers were standing guard and not intervening and allowing this event to break in a normal course but to allow the officer to do what he did, it could be criminal liability and somewhere between recklessness and negligence. Can i ask you one last question . The Justice Department through the attorney general bill barr at the direction of the president was expediting an investigation into whether any civil rights were violated here in this case. Would that apply still in this case . You think that Investigation Continues . I think it does. Part of that is the feds can bring some resources that can be shared with everybody. So they might be doing a very comprehensive investigation. One of the issues in a civil rights investigation, you have to prove discriminatory intent. This didnt happen but for the officers desire to kill someone based on race. So its actually a higher standard. A higher standard than premeditation in some ways that they would have to use. Its not unusual to shadow the state investigation to make sure things work out the right way. If there is a disaster where theres some injustice, they have the backup. Its not subject to double jeopardy. Thats what i would expect here. The state system will move more expeditiously, the federal system may well place the charges but probably more of a safety net than any independentlyneeded prosecution. Dana all right. Thats why youre our trusty lawyer. Thanks. Thanks, dana. Dana joining me now, Fayetteville Police chief gina hawkins. Wonderful to have you here. Maybe im get your initial reaction to this news that the charge against shauvin will bump third degree to Second Degree and we expect more charges on the other officers today. My reaction is good. Accountability on every officer at the scene. I just heard that. Great. Movement is taking place for justice. Dana do you think in your experience i want to talk about something that happened there in fayetteville at your direction. I also want to ask you if you think the additional charges of the other three officers, will that answer some sort of call that the Peaceful Protesters have been asking for . You know that is possibly an expectation of hope, that they see true action taking place. At the same time, we have to get engaged and listen across the nation. So we hope so, that we hope that movement takes place. That would be great. Dana yes. So i want to ask you about something that happened. It was a moving scene. Theres a line of protesters, a line of your officers. Described what happened here. So basically the Fayetteville Police department, we have been committed and dedicated to True Community policing, not involved action, that involves attitude and daily service. Were involved with Citizens Police academy, be multiple things. We live in the community, we do things like play basketball with residents. On this day, as we do our job, behind the scenes one of the officers that always plays basketball with members of the protesters, start communicating from the lowest level possible, the relationship building. As communication efforts occurred, my officer as an individual officer, not even a commander, not even as superintendent, went to his chain of command supervisor and explained what the protesters were requested. The only thing that they were requesting is empathy. Requesting for us to stand in solidarity of the cause. We have come out early on when we saw this as a department to share, were appalled with what we saw. That is not us. So what they were asking is for us to show our efforts. So when that came as i watched everything that was occurring from my Information Center as it was occurring and they called me and said all they want is for us to kneel, i said and why are we waiting . That was awesome. We watched it. You know, its part of building trust. The trust efforts were the commitment of if you take this knee with us and show you support the efforts were protesting, we will agree to move on for the next day or the next step or part of the conversation. When it happens, everyone on the scene, that was emotional on both sides my officers were emotional. The community is emotional. That showed a sign for our community to share who we are, which is theres some changes in movement coming, conversation, listening opportunities coming. My heart was very good with that. Dana i hear you. I know that your motto is tolerate, connect and empathize. Police chief gina hawkins, a remarkable scene. Thanks for showing us the way. Thank you for the opportunity to come on to share. Dana you bet. All right. More on the Daily Briefing next. First, lets check in with bill hemmer. Good afternoon to you. A busy day here. Ben crump, the attorney for the floyd family will join me live. And healing america. Dr. Ben carson is here to talk about it. Rosenstein hearing was hot at times. Well see you at the top of the hour on bill hemmer reporting. Interest rates have dropped to record lows. Newday usa makes it so easy to refinance that one call can save you 2000 a year. Newdays va streamline refi lets you refinance without having to verify your income, without getting your home appraised and without spending one dollar out of pocket to get it done. It is the quickest and easiest refi theyve ever offered. One call can save you 2000 a year, every year. In this world where people are staying at home, h36 fhr ttkf n 7 many of lifes moments are being put on hold. 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Lawrence, weve been talking about this for more than a week, this was what a lot of people were waiting for about what would happen in regards to the other three officers and now Amy Klobuchar, the senator from minnesota, has tweeted that she believes the attorney general from minnesota is about to charge those officers and increase the officer that killed floyd or suspected of killing floyd from third degree up to Second Degree. Lets get your thoughts. Its crazy that shes announcing this. If she did her job in the first place, maybe we wouldnt be talking about this. But thats a different point. I set the scene on this based on the evidence provided for us and with my experience that there was a case to be made that the intent was there based on the poll situation. When one officer tells him to turn him on his side and the other officer talks the pulse and after that he stays on his neck for 2 minutes and 46 seconds after that. So im assuming this was presented to the grand jury. I think its hard for the first degree but the Second Degree. Dana what about the fact that the other three officers will be charged today . We need those charges against the other three charges. Im glad to hear that minnesota will be bringing those charges. In this country, we have a system of racial injustice. We continue to fight as black people for equality and to see people who are supposed to be the peacekeepers continue to harm black people and get away with it. Its a problem and needs to be addressed. So yes, im glad that theres going to be charges against the other three officers. Im applauding that officer chauvin will be charged with Second Degree murder. Charges are great. But these officers need to be held accountable and convicted. Black people can no longer be seen as a threat because of the color of our skin in this country. Its high time for that to stop. Dana lawrence, as this new filters out across the country what do you think the impact might be on the protests . I think it will bring some calm. The majority of the protests have been peaceful. Its only the outside groups that came in that had their agenda. I think that what people will continue to ask for is a review of the entire department. Thats one hopeful thing with the doj coming in. One thing and im going to talk about this later on on the five. One thing that troubles me is the autopsy report. The difference between the independent autopsy as you know, the Coroners Office is a part of the state. The fact that he wasnt able to find clear evidence that we saw with our own eyes and apply that to the autopsy is very concerning to me. So it will bring some calm. Like wendy said, people will want a conviction. Theyll be waiting for that. Absolutely. Dana wendy, about 30 seconds. The last word. Along dana the new York Police Commissioner and the brother of george floyd here now. Benjamin tucker, we are here today to join forces in calling for peace on behalf of terrence floyd. Terrence floyd is the brother of george floyd. Terrence floyd is overwhelmed at this moment. He wanted to be here today, but he told me to deliver this message on his behalf as his spokesperson. He wanted to call for peace. He wanted to call for justice. He wanted to make sure that you cant get one without the other. Were hearing that justice is being made, and were moving in a direction of justice. Thats a good thing. But we must continue to keep the conversation going right here in new york city. Thats what were doing, the beginning of conversations. Making sure that the

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