The officerinvolved shooting that killed 18yearold mike brown. There are conflicting accounts, and multiple investigations still underway in the officer has yet to be heard in this case with his own defense of the conduct, in prepared remarks tonight, missouri governor seemed to suggest that he knows exactly how this case should go. Ten days ago, a Police Officer shot and killed Michael Brown. In broad daylight. We have a responsibility to come together and do everything we can to achieve justice for the family. The st. Louis county prosecutor and attorney general of the United States each have a job to do. The investigation must be carried out thoroughly, promptly and correctly. Once achieving peace in ferguson, we must rebuild the trust that has been lost. So i ask we Work Together as we work to achieve justice for Michael Brown. Our coverage begins with trace ghallager tonight. The president of the missouri fraternal order of police made it clear theyre disappointed in governor jay nixons comments. Here is part of the your interview from tonight. Play it. Unfortunately, Justice Needs to go both ways. Darren has been vilified in the press and by politicians with minimal facts being made public we do not comment on the cases until facts are in. We felt it was very necessary that we had to say, hey, were open for a thorough investigation but were concerned about the Due Process Rights of darren. Missouri Lieutenant Governor was quick to weigh in, kinder said hed been trying to hold his tongue for days but can no longer sit, silent. Listen. Just as you and i and the governor were not there on saturday afternoon, the ninth of august when this awful, awful incident went down, we will not be sitting on that grand jury and it would be wrong for a prosecutor to say what the governor has said here tonight and its wrong for the governor of missouri to have said it. And in missouri, officer Darren Wilson has the right to go before the grand jury. Its unclear if hell do that the Police Report has not been released, officer wilsons side of the story is starting to get out. A source close to the police chief tells fox news before Michael Brown was shot to death he punched officer wilson in the face. Swelling the left side. Then, there was a struggle for the officers gun that went off. First, mying yil brown ran, then turned and went toward officer wilson. Wilson, who was dazed began firing but were told brown kept coming, until the final shot in the head witnesses also saw brown coming towards the officer. Now, the fraternal order of police say its up to the county prosecutors to seek justice. We have full confidence that Bob Mccullough did an unbiassed job. We wish everybody would stand down and not make an opinion in the the facts have been brought out. Facts will come in, but will people stand down becomes the question tonight. During the last hour, shepherd smith had a chance to speak with the Governors Office in missouri. Shep, what did they say . No they say we stand by the statement and video his press secretary said what he meant was that the investigation needs to go forward and chips should fall where they may. So, by observation, not by critique, he has a video goes out to the potential grand jurors and people said one thing, and then, a press secretary on the phone to me, saying another. You dont get it both ways i heard you saying he claimed well, what the governor meant is justice in this case. Not necessarily for Michael Brown. Is that about what he said . Well, that is what he said over the phone. But not what the governor said in a video that went everywhere. Let me show show the audience. Just look at this. Keep in mind the Governors Office claiming what he meant was justice in the case play it. We have a responsibility to come together and do everything we can to achieve justice for this family, once we have achieved peace in ferguson, and justice for the family of Michael Brown so i ask we continue to stand together. As we work to achieve justice for Michael Brown. If it wasnt a slip of the tongue over and over and over . Its also not a new script. There is one message for the voters, we know where polls are. There is another message for the reporter on the phone, hoping he doesnt get vilified. In my estimation from what i saw on that videotape, standing alone is now available in the st. Louis post dispatch, the governor took sides. As you have a state senator demanding that an indictment be returned, otherwise protests weve been seeing goring to look like a picnic. Yufr got the governor saying a vigorous prosecution must be pursued. Hours before the grand jury convenes. Talk about putting your thumb on the scale of justice, shepherd. It has been incredible to watch. There have been so many different competing narratives for what it is that is happening there. One day, one Police Officer is in charge. Next day, another is. One day, National Guard coming out to patrol, another day, patrol. One day, the governor calls for an investigation. If visited the scene, i havent seen him there. Its just next day, he says just prosecute the guy. His investigation is obviously complete. I had a chance to speak with the mayor of ferguson tonight. And i asked about the remarks that he is ready to see the officer face prosecution here is some of that. What do you make of Governor Nixon coming out and demanding a vigorous prosecution of this officer . And demanding justice, not just in the case, but justice for Michael Browns family. Do you believe he made up his mind in this case . It sounds like it. Its unfortunate. Governor nixon was our attorney general 16 years. I assume he understands and knows what the process is. So i would hope his mind and other people will keep their mind open and allow facts to come out before they rush to judgment. Wont that be nice . So tell us about Governor Nixon. What it looks like is cracking under the strain. Looks like with the attorney general bound for missouri and bringing a lot of heat with him, on the handling of this and pressure from civil rights groups, and activists nationally, traveling metaphorly and from civil rights African American leaders across missouri, lots of pressure on nixon. Protests at his office, and around the state, increasingly targeting him. It looks like he decided that the way to deal with that was to come out, give them what they wanted, he echoed the call of the protestors the call is arrest him, and he said vigorously prosecute. That is not the way our Justice System works. And he knows damn well that is the case he knows it. He was the attorney general. He has a responsibility as chief executive that have state not to stoke the fires chris. Is he that worried about his political hide that hes going to endanger this officers life . They dont need the governor to think hes backing up the people saying if there is not an indictment there is going to be more trouble. And you noted the loaded phrase, used the term brown was shot in broad daylight. Right. Why . What is the difference about daylight versus night . No statement thereafter, saying we understand that the officer has not yet had a chance to present his defense, hes been hospitalized thanks to injuries received. Nothing. Nothing. Hot wards the problem for jay nixon is he recently took a trip to iowa. Hes seen as having, having had aspirations maybe trying to be Hillary Clintons running mate or future aspirations in 2016. Reality is that youre in a republicanleaning state in order to take power, in order to get elected you have to have unified support among black voters in st. Louis and kansas city, otherwise there is no way in. Hes tremendously obliged to black voters in missouri. And obviously they got response from him. He didnt respond for a long time after he did, they didnt like the response of rolling National Guard out there. Now, hes veered in a way that is likely to upset more voters in the state, prejudging and interfering with a Legal Process that is already fraught with so much difficulty. I will say that is someone practicing law nearly a decade that w that was an irresponsible statement to make on the eve of the grand jury convening and he needs to apologize for getting ahead. Were taking your thoughts on it. Go to our Facebook Page and let us know what you think. Well, at this time last night the protests began to turn ugly in Ferguson Well speak next to the local pastor unhappy with reverend jesse jackson, reverend al sharpton and the message theyre bringing town. Plus, did you hear about the Police Shooting of a black man in st. Louis this afternoon . The fallout from that, coming up. This is how it feels to hotwire. Car Insurance Companies say theyll save you by switching, youd have, like, a ton of dollars. But how are they saving you those dollars . A lot of Companies Might answer um or no comment. Then theres esurance. Born online, raised by technology and majors in efficiency. So whatever they save, you save. Hassle, time, paperwork, hairtearing out, and, yes, especially dollars. Esurance. Insurance for the modern world. Now backed by allstate. Click or call. Every styles a showstopper with fabrics that flatter and prints to go wild for. Legs look longer, you look leaner. Any way you wear them. Chicos leggings. Were famous for our legs. At chicos and chicos. Com. Breaking tonight several hundred people protesting in streets in ferguson, missouri. Mike tobin is live. Mike . Hi, megyn. Go to the tail end of what weve seen tonight. This is a line of Police Officers theyve cleared out of the parking lot running parallel to florissant avenue. Every time you get people hanging around, trouble seems to boil up we saw a couple people getting fired up in a bunch the technique weve seen from the police is that theyre using Community Leaders to goes to go approach these people. They cant get mediators to talk down an individual they pluck them out of the crowd. Each time there is a bunch of drama and friction. That is the kind of thing police are trying to avoid. Youve got big numbers in different positions than last night. But by and large, what theyre letting protestors do is protest to their Hearts Content until they run out of steam. Thank you. Marchers have had no shortage of company in the last days including this thought on sunday. We have had enough the issue is a young man with no deadly threats, was shot multiple times. That is the issue and that is the issue america got to deal with. We dont want no double talking. We want to know where justice is. Joining me now, pastor robert white from peace of mind church hes been out there trying to maintain calm and lower the temperature. Pastor good of you to be with us tonight. You dont think al sharpton is helping. Why . Actually, we do appreciate the support weve gotten from our national leader, mr. Sharpton provided invaluable support to us f i can just reiterate what he said we have had enough we want to know where justice is. So after talking to mr. Sharpton hes providing some strategies for us as local leaders on how to keep the peace your reporter is talking about. We have peace keepers out there, clergy out there. Partnered with Community Leaders as well as police force on what we can do every day to keep the peace in the community. That is great your group has been out there working to do that. Just want to make sure i understand what youre saying about reverend al sharpton. You said they were only here for a photo op and critical of them. Are you saying that since then, youve sat down with al sharpton and come to a different point of view . Well, i think the power of words have allowed me to have access to sit with him and talk. Gave me an opportunity to not just see what is on the news but talk about strategy going forward. Let me guess. Those strategies include you not criticizing him anymore . I dont have a problem criticizing him. Were not going agree on everything. Right now were in agreement on what to do each day to keep the peace. Were trying to eliminate the number of guys being arrested and killed as well as number of outside agitators coming here causing this ruckus in our community. One of the problems is that hes been accused of being an outside agitator because hes said things weve just heard that he was posing no deadly threat going to the heart of the matter, what a grand jury and pho phone potentially a jury will have to decide he doesnt know whether Michael Brown was posing a threat or not. We believe in a democratic progress i do believe the officer is guilty of the unrest caused business bihis actions he was called to serve and protect. He didnt give us our due justice. How do you know . That is considered agitation. We need to make a change as to whats happening in the community. How do you know that, pastor . How do you know . What i know is that because six shots two to the head over an unarmed suspect he put his hands up. My dad was a cop for years. I know a bunch of Police Officers. And some of the officers here have talked to us theyre not comfortable with the end result of what this officer did to this unarmed, young man what i hear you offering and youre more than entitled to is as al sharpton is your belief. That is fine. But you cannot assert as fact as he did, that Michael Brown posed no deadly threat. That is what we have a Justice System for. That is why were convening this grand jury. If you had the answers and al sharpton did, we wont need the 12 people to convene and tell us. The facts is that mike brown is dead. The fact is people in ferguson cannot get home at night. Our community is under siege by media. Businesses are not open. Children not able to go to school. Those are facts. That happened because an officer pulled his trigger six times on an officer that said hands up, dont shoot. Were together until that last part. That part remains to be seen. Pastor good for you and your group for good Peace Keeping youve been doing. 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Breaking tonight as we watch protests unfold in ferguson, we keep an eye on st. Louis. A black male was allegedly robbing a Convenience Store when police shown up he said to have saying kill me now moving toward them with a knife. A contributor joins us live from ferguson. So, justin, they d they did shoot and kill him. Yeah. And there is still a lot of we dont have a name shot and killed today. But, its been a concern, probable i for a lot of Law Enforcement here whether or not that is going to be a situation turning into kind of another flash point. Its come so soon after mike browns death. This man was mentally unstable, saying shoot me, kill me. They were saying put the knife down. Its not like they said okay. We will he reportedly lurched at them and they reportedly opened fire. None theless has there been criticism they should have found another way . Absolutely. Its going to happen any time there is a fatal, police he involved shooting. Ive heard the officers did not have tasers on them. That is something people have brought up in the wake of mike browns death. In addition to the fact that a lot of people here feel that the six shots apparently fired in the brown was just egregious overuse of lethal force. We hear that a lot. Yet, who is to say, you know . What would justin do . What would megyn do if confronted by someone we thought was about to kill us . Would you empty your gun . What . This second guess goings on is appropriate but also dangerous. Right. And i guess what a lot of people here are saying is where was this threat . One thing to be in fear for your life is what people are saying. Another thing to just be in fear of kind of getting beat up. And the idea here is that six shots is way too many to be firing at someone, while the police have their time, the officer has their time. There are statements that say that he was in the process of surrendering when shot. And therefore, probably shouldnt have died. Many of them have been inconi inconsistent. Which is why this needs to play out in a court of law. Were told without any incidents, just continue, thank you for the update. Yes. Thank you. We dont know. That is why we have a Justice System and trust it. The brown family attorney told me, what will you do . He said that grand jury better indictment. That is where we stand tonight in this case. Coming up next, as you heard missouri governor seems to be sharing his own verdict tonight. Thanks for that. And new fallout right after the break. [ female announcer ] its simple physics. A body at rest tends to stay at rest. While a body in motion tends to stay in motion. Staying active can actually ease arthritis symptoms. But if you have arthritis, staying active can be difficult. Prescription celebrex can help relieve arthritis pain so your body can stay in motion. 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Were trying to pull off a nonviolent close to this day of protest we heard religious leaders shouting at protestors its time to go home, go home, now, hug your children. Youre a real man if you do go home looks like many have taken them up weve seen a reduced Police Presence last night we saw riot police four deep. With both police and Community Organizers asking people to go home, not to come out after dark that seems to be whats happening tonight. A night relatively free of violence here. Back to you. Steve, thank you. Almost everyone weve spoken to from ferguson has had an opinion from remarks we played for you earlier from missouri governor jay nixon. Ten days ago a Police Officer shot and killed Michael Brown we have a responsibility to do everything we can to achieve justice for this family vigoro now be pursued. Democratic elected prosecutor and attorney general of the United States each have a job to do. Their obligation to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly and correctly. Once we have achieved peace in ferguson and justice for the family of Michael Brown, we must remain committed to rebuilding the trust that has been lost. I ask we continue to stand together. As we work to achieve justice for Michael Brown. Joining us now, joe hicks, a civil rights activist and Vice President of community advocates. And matthew fog, a member of the s. W. A. T. Team during the rodney king riots. Thank you for being here. Joe, let me start with you on the governor whether him saying this case needs to be vigorously prosecuted before the grand jury has convened is appropriate. Its outrageous he is saying eric holder and he have a job to do, to prosecute this guy and put him in prison on a political prosecution no matter what the facts show. That is outrageous. Not the way criminal Justice System in this country works this is shameful kind of action. I hope that frankly, it kind of shows the extent of which this governor and perhaps even eric holder are prepared to put their thumb on the scale of justice to prosecute this officer and pander crowds on the street. Its shameless. When you look at justice, shes got two hands out. Scales are even. If someone is pressing to change the weight like the governor appears to be doing now, it puts the grand jury in an awkward position. Does it not, matt . Sorry. Sorry. I think the bottom line is that if there is an investigation there is a prosecution, that is what you want. But you want it to be fair and just. That is the main thing. Why did you call for a vigorous investigation . Nobody would have been on him over that . Well, i mean that, i guess there is a play on words. No. The bottom line, as Law Enforcement officer you want to be sure you know that any time you get into a shooting or something of that nature you know there is going to be prosecution most of the time. I kind of know that. If there are questions of the fact. No. No. You know there is going to be a prosecution . No. You know there is going to be an investigation i was never in Law Enforcement but covered enough of the cases maybe im wrong. Joe. Am i . No. Youre right as a Police Officer you take someone from the street arrest forward a crime. You turn that prisoner over to the property authorities. The attorney general, district attorney, to figure out if there is grounds for charges. Its up to a judge and a jury to determine whether there is guilt or not. That is what this system is about. The prosecution not about people deciding. That is the prosecution of the case in a case like this, none of us are saying we dont know exactly what all of the things are except what the witnesses said my main concern that is not what the governor said. He said prosecution. Prosecution can mean why dont we just skip them the governor says a prosecution needs to go forward. So forget the grand jury. We dont know the facts yet it just infuriates me from obama down to attorney general, now, the governor to other people and activists on the street. Every opportunity in the country convening in a little town to make a point assert is right. I want to give matt the last word and want to tell viewer theres is a Missouri State senator came out wanting the county prosecutor to remove himself in this case because hes white, his father, a white cop was killed by a black defendant in the 60s he doesnt think he can be fair. Writes to him as followed if you should decide not to indict the Police Officer, the rioting we witnessed this week will seem like a picnic compared to the havoc that will likely occur. Appropriate . Matt . Again weve got people making threats and saying things i dont think that is proper. You noi, i just think that a full investigation and, again, if calls for a prosecution that should take place i understand the sentiments but i look at that child laying on the street saying that young man saying that could have been someone in my family, your family, anyones family. Im saying is that we want justi justice served. What weve been finding is that justice is not served a lot of times in the community the community is pretty upset about that. Here is the problem. We dont know the set of the facts that led to that young man laying in the street with bullets in his body. We dont know. That youve got people disregarding that and saying we just want the kind of justice we demand. Not justice. The justice we demand. The sheriff should have kept his mouth shut from the beginning. Good debate. Thank you so much. Another big story tonight. A terror group, isis releases a frightening warning to the United States by brutally killing an american journalist. There is nudging this group will stop at. Up next our exclusive interview with former cia director Michael Hayden from the new threat from this group. You have to see this, and its next. Es. Perfect timing. Were offering our bestever pricing on mobile plans for business. Run the numbers on that. Well, unlimited talk and text, and ten gigs of data for the five of you would be. Oneseventyfive a month. Good calculating kyle. Good job kyle. You just made partner. Our bestever pricing on mobile share value plans for business. Now with a 100 bill credit for every business line you add. Im dave and i have copd. Im kate and i have copd, but i dont want my breathing problems to get in the way my volunteering. 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I spoke with general Michael Hayden. A current principle at cherdoff group. Great to have you here thank you. Not only did they reportedly kill james foley but have another journalist who worked for Time Magazine who they are threatening will meet the same gruesome fate if we dont withdraw our troops from iraq. This mans life, they say depends on president obamas next decision. This is terrorist rhetoric. Yet, they need to be taken seriously given what we saw today. This is terrorism the literal definition. Killing of incents for political affect. That is exactly what this is. I can imagine what is going on inside government now. Theyre trying to confirm the video. More or less, trying to look for evidence to make it not true. And they probably wont find that, determine it is true. Now, they need to figure out what to say about that. I dont mean to say theyre trying to be evasive. Its important what the American Government says because a lot of audiences for the next american statement on not just isis but iraqi and kurdish as well. The president on the way to strieb it. Were going to prevent genocide and protect americans inside iraq. But the american support for kurdish move against mosul dam had american air power in close support to an offensive operation weve gotten beyond the president s rhetoric in terms of what it is were doing on the ground in iraq. In fact, i, my point of view we need to do more. Preventing genocide is a virtue. Protecting american saz virtue. We have a fundamentalist radical state now in the middle of the middle east, and we cant let that stand. What are we going to do about this other american under threat now . That is why weve got to be careful with messaging but frankly, im more afraid to say we have to look to the broader interest of the United States. We have to look at all sorts of lives that are at threat in iraq. Were coming off off a period trading, you know, top tall hi ban generals for the life of one american soldier. These are american journalists what would be doing there is an interest in saving lives of americans if it might be to the over all potential risk of america. It has to be a calculation. What is the analysis here . Well analysis is there anything we can do to prevent it . Here, i dont know what kind of intelligence we may have. Do you have an idea where hes being held . I doubt it if we did, given the current circumstances you might be more embracing of risk for the rest of the force given the specific circumstance thats we now have. Who would make that call . Always up to the president it would. Who would be making a recommendation . Chairman of the joint chiefs. Do you think theyre game planning it now . You have to have information. Absent that, this is theoretical. How significant would this be . How significant an event is this . Our government despite that kind of popular thought that its a black box, input in, output out, its comprised of human beings that will look at the video too, theyre emotionally affected by this. You and i were chatting that iraqis have been beheaded but this seems more personal. Its not that human lives have different value but this is one of our own. This is someone from our own village, from new hampshire. This affects people in the situation and in oval office the way it affects you and me. So they, this is high emotional impact. I remember what it was like when we saw the daniel pearl had been killed. And nick berg as well. L is a time in this country where this was happening and it changed the, it changed public opinion. To some extent about what were doing over there because it was so gruesome, and beyond the capability of the average person to grasp. To understand the barbarism. Despite what weve heard about this group is doing. What should the mission be in the face of this evil . Prevent genocide, and protect consulate, of course. Its what weve seen with this video is the character of the islamic state. Not if you want that to continue to exist, thrive, and grow, and be able to threaten other americans . Other westerners . Other moderates throughout the world . That is the fundamental question that we now face as a nation. You know there are many people in this country who believe this wouldnt have happened he wont have been beheaded, they wont be under threat if we hadnt started bombing iraq again. That is how a lot of people think. They hear you saying we need to be more aggressive in operations and they say, we will be experiencing more of this if we do that. Yes. This group, this murder to american policy in their rhetoric. Now, do you think, does anyone understand the situation in iraq thinks this group is not coming after us . Is not coming after the west . Is not coming after muslim and arab moderates . They made that very clear. So frankly, megyn, im tired of war myself. But this may be a question of pay now or pay later. Paying later may be a much higher bill. General hayden, thank you. Thank you. Up next, claims this barbarism is the character of the islamic state. What that means for us. Hoo, hoo, hoo oohh, you got it i love the looks of it. sound of garage closing nobody touches my dodge dart, jake johnson not even your best friend slash neighbor . No one i can still get in craig id like to see you try all id have to do is roll in, dude. Lets see it i choose not to right now come on indiana common, let me in. Let me in mmmm let me sit in the car mmmm dont touch my dart i thought so what . , but now cai cant stop playing. Rst thats not how it works. I mean its so simple. Its like my Car Insurance. I saved 15 in fifteen minutes. Well esurance could have saved you money in half that time. 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And still have time to spare. Go to comcastbusiness. Com checkyourspeed if we cant offer faster speeds or save you money well give you 150. Comcast business. Built for business. How do we get our arms around this . It is an absolute demonstration of the sheer evil of this enemy. Its not just a terrorist group. At this point, this is a terrorist army that believes it controls state, a caliphate, islamist state. Cease no border between iraq and syria and the latest count has upwards of 80,000 fighters. I realize something is happening inferring son but can you at least fix the video . Theyre clashing again. But were talking about the death of an american who is beheaded. They had a threat for america. They say theyre coming after us. They say if president obama doesnt get out of iraq, they will do the same to the other captive that they have. Do we believe them . I think they have to believe them. They have a Time Magazine reporter pulled in says president obama, if you continue the bombings, hes next. The man who kdid the beheading spoke in english with a perfect accent. What does that tell you . This is a foreign fighter who came to be part of this jihad and spread this radical viewpoint. He got a passport like Many Americans and seeking a desire to strike america we have to take that threat seriously. Not somebody we might not necessarily identify with garb on. Coming over speaking in a british accent. Who knows. The threat pointed out before was a lot of these guys have western passports. Were in an intercontained global world at this point. They can communicate. We have to take this threat as one that could come to our shores to london or the United States. Upwards of 80,000 fighters across iraq and syria should be chilling to all of us. Pete, thank you. We are watching ferguson. The clashes are continuing as they have been done every night. This is an important story, too. But jim foley deserves a moment on this broadcast and he is going to get it. Thank you for watching megyn kelly. Ill see you tomorrow night at 9 00. When healthcare changes. When frustration and paperwork decrease. When healthcare becomes simpler. So lets do it. Lets simplify healthcare. Lets close the gap between people and care. Every styles a showstopper with fabrics that flatter and prints to go wild for. Legs look longer, you look leaner. Any way you wear them. Chicos leggings. Were famous for our legs. At chicos and chicos. Com. You just cantider a 4star know the name . P to 60 off, just no name . Until you book. Um. Yeah, id do that get up to 60 off hotels on hotwire this is how it feels to hotwire. Everything. Now here comes megyn kelly. Breaking tonight, major developments on the crisis in ferguson, missouri and the missouri governor comments that started a fire storm. With comments that he decided the guilt of the officer in this case before an investigation. Welcome to a live midnight hour of the kelly file were keeping an eye on the streets of ferguson tonight. Were also tracking a stunning report that broke just before we went to air at 9 00 p. M eastern this evening. Missouri governor jay nixon released a taped stat