Transcripts For FOXNEWSW The Kelly File 20140830

With occasional political opportunism and definite media excess. The fbi, the doj, missouri governor, the u. S. Attorney general, even the president of the United States has all weighed in repeatedly as the National Chorus has demanded justice for Michael Brown. But has all the fury overwhelmed the facts . Isnt justice supposed to be blind and for all . Tonight we investigate the facts thus far, what the witnesses say, what the autopsy shows and what the law allows. With us tonight homicide detective mark furhman, Michael Browns family attorney, darryl parks, former Police Officer and lawyer judge alex. Forensic pathologist dr. Michael baden who performed an autopsy on mr. Brown. Jay Christian Adams and attorneys mike ieglarsh. We begin at 11 50 a. M. On a street in ferguson. And Trace Gallagher has the story. Megyn, we still havent heard Police Officer Darren Wilsons version of events. And the st. Louis county Prosecutor Says we wont until this case goes to trial. So we are left to tell the story using what sources close to the Ferguson Police have told us along with eyewitness accounts, including the man who was with Michael Brown when they were confronted by officer wilson. 21yearold Dorian Johnson claims he and brown were walking in the street when officer wilson told them to get the blank on the sidewalk. And that the officer pulled up so close to them that when he tried to open his door it hit Michael Brown, ricochetted and pushed the officer back inside his patrol car. Listen. He just reached his hand out the window and grabbed my friend around his neck and was trying to as he was trying to choke my friend. And he was trying to get away and the officer then reached out and he grabbed his arm to pull him into the car. But a woman who said her name was josie claiming to be a friend of officer wilson called into the dana lash radio show and said the confrontation began when Michael Brown went after the officer. Play this. And as he stands up michael just bum rushes, him, shoves him back into his car, punches him in the face. And of course darren grabs for his gun. Michael grabs the gun. At one point hes got the gun totally turned against his hip. And darren shoves it away. And the gun goes off. That version of events was supported by a fox news source close to the Ferguson Police department who told us that when brown punched officer wilson he fractured his eye socket swelling the left side of his face. The source went onto say that there is strong evidence that Michael Brown did touch officer wilsons gun. Dorian johnson claims that after the gunfired Michael Brown tried to run away but the officer chased him and shot him from behind. As my friend felt that shot, he turned around and put his hands in the air and he started to get down. But the officer still approached with his weapon drawn and he fired several more shots. A female witness backed up that story saying this, listen. He put his arms up to let them know he was compliant and that he was unarmed. And they shot him twice more and he fell to the ground and died. But our source maintains that Michael Brown did not stop and put his hands up. Instead he said, what, are you going to shoot me, and then started going toward wilson. And witnesses captured on cell phone video seem to support that version. Listen. Somebody help him why isnt somebody helping him the final tale is told by the private autopsy which shows Michael Brown was shot six times including a fatal shot to the head. But it also appears brown was not shot from behind though forensic pathologist Michael Baden says he cannot rule out that brown was shot while running away. Megyn. Trace, good job. Thank you. Joining us now former l. A. P. D. Homicide detective and Fox News Contributor mark furhman. We begin with detective furhman. You can hear the diametrically opposed versions of what happened in this case, in particular the testimony of the friend, dorian jones i think is his last name. Who specifically says he grabbed Michael Brown, the officer did, around the neck, battled with him in the police car and ultimately when the fatal shots were fired Michael Brown had his hands in the air. Well, megyn, lets start with i mean, you can look at this with some professional common sense. The officer it might be quite impossible for the officer to still be in the vehicle and reach up to a 64 man and grasp him around the neck. So that seems to be easily questioned. The second thing is is what tactic would the police use to pull a suspect into the front seat of the car with them being down and start an altercation . Its really kind of a stupid assertion. So we have to assume Something Else occurred. If the officers attempting to get out of the vehicle, it is clear that Michael Brown was the aggressor. The officer is pushed back into the vehicle. They fight over his gun. Hes punched. The gun goes off. The suspect then breaks off at that point and now officer wilson collects himself, gets out of the vehicle and tries to make an arrest. And these are the areas that come into question. But when witnesses say that Michael Brown was shot in the back when clearly six rounds hit in the front of Michael Brown, when they say his hands were up and the medical evidence clearly does not show that, you can argue it until youre blue in the face. But the medical evidence doesnt support either one of those witness testimonies. I want to correct myself Dorian Johnson. But heres the thing, mark. It seems like everyone agrees that after that confrontation at the car, whatever happened, whoever started it and both sides seem to agree there was a scuffle that may have involved the officers gun. Michael brown ran away. He ran away. And that is what has a lot of people saying why did he have to fire his gun . Why is he shooting at somebody who he may be ticked off at, he may have just committed a crime by having that fight with an officer, but he was running away. Well, lets look at that. First, he just committed a robbery. He knows he committed a robbery. The officer there is indications he heard the broadcast when he was making the contact with johnson and brown. So the officer is by himself in uniform, oneman car. He calls for backup. So he clearly says to himself ive got a tactical situation and its serious. You have two suspects that have not been searched. So nobody knows if theyre armed with a gun or knife or any other weapon. Nobody knows that. The officer now is involved in a life and death struggle in the front seat of his police car. The suspect is trying to disarm him. And to an officer that can only mean one thing, to kill him. That suspect was not described as running away. He was walking away while he was taunting the officer when he got out and commanded him to stop or freeze. When that suspect now comes back at the officer, that suspect has not been searched, the officer knows he has already committed a robbery, an assault on an officer, quite possibly an attempted murder. And now hes coming back. And the officers fear of Great Bodily Injury being out of the vehicle and trying to confront a man twice his size, thats a real fear. And he knows that the suspect not only intended once but might intend to do the same thing again. All right. Mark furhman, thank you. So there you have it. That is how the case may play out when officer Darren Wilson gets his say and offers his side. But as you know, there are two sides to this story. And what happened that day in ferguson, missouri, as of right now is far from clear. Up next, attorney darryl park wills share his side of the case according to the eyewitness testimonials. And later we will look at what the law says about when an officer can use deadly force and when he cannot. Guess what . Running away does not answer the question one way or the other. Plus, when dr. Michael baden released his autopsy findings, Michael Brown supporters said dr. Baden has just proven their case. But that is not what dr. Baden says. Hes with us tonight just ahead. Lets just be perfectly clear. Is it possible based on the autopsy you performed that Michael Brown was in the process of attacking this Police Officer when he was shot . Based on the autopsy finding thats possible. And its also possible that he was surrendering with his hands up . Ishgsz bhap 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. Esurance. Insurance for the modern world. So what were looking for is a way to plus our Accounting Firms mobile plan. And minus our expenses. 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. Have any weapons drawn at him or anything like that. I was going for no weapon. His weapon was already drawn when he got out the car. He shot again. And as my friend felt that shot he turned around and he put his hands in the air and he started to get down, but the officer still approached with his weapon drawn. And he fired several more shots. And my friend died. That was Dorian Johnson, the man who was with 18yearold mike brown when brown was shot by officer wilson. In the weeks since this shooting weve heard several things repeatedly, one, brown was unarmed. True. True, he was shot six times. Three that it happened in broad daylight, all true. But the Police Officers weve heard from say none of that necessarily matters. They explain unarmed people assault Police Officers all the time, sometimes with deadly results. They point out we dont know the circumstances surrounding how those shots were fired, why they were fired, nor do we know for sure what brown was doing at the time. Joining us now darryl parks, attorney for the brown family. And Dorian Johnson tells a compelling narrative. This officer will go to jail for murder if the jury believes him. But he is friends with Michael Brown, he had just partaken in a robbery with Michael Brown of cigars. And he has an outstanding warrant for an arrest on a misdemeanor charge. Will the jury look at him as a truth teller . They dont have to rely upon him. They have three other witnesses who also says something similar to what he says about what happened that day. And i think its important because there are very important points within what they all say that a very clear and very apparent. Three witnesses who do not know each other and have no connection to one another. None whatsoever. They tell their own version in their own way. And i think that once a jury hopefully well have a jury trial in the situation. And i think jury trials are important because they get to weigh all the testimony unlike a grand jury. Thats why its important we have a direct file or indictment by the grand jury so we can have a public trial so that we all can see the evidence. But this audience should know the grand jury is stacked against the defendant. Even a ham sandwich can be indicted. Its very easy typically to get an indictment. We hope the prosecutor shows all the evidence in this case. The problem with the grand jury that its done in secrecy and we dont know what part of the evidence will be presented. I know. But theyre already suggesting theyre going to release that. The point is it is weighed in favor of the perceived victim in the case which in this case right now is Michael Brown. Keep going with your point because the witnesses didnt know each other. At least two of them are saying he had his hands up when he was shot by this officer. And yet theres another witness who says the hands were down. And then i want you to speak to this witness we played in the trace report who you cant see him on camera but hes caught videotaping it and given his own testimonial about what happened. Listen to it. The police shot him. The next thing i know im thinking the dude started running the dude started running towards the police, he kept coming toward them. Thats not going to be particularly helpful for those who want to see the officer indicted. Well, it makes sense in this regard. What they clearly say is as hes running he apparently is hit by a bullet. Obviously hes hit. Next he turns around. And as he turns around he has his hands up, he probably was hit by more bullets during that time and started going down. Obviously if he was surrendering to the officer, he doesnt keep walking away. He walks toward the officer and surrender. Thats what they saw. I dont know about that. Thats where the case gets tripped up. If somebodys shooting at you and youre shot already, who in their right mind starts walking to the cop . You stand where you are, you get down. Hes telling him to stop shooting. Dorian said, hey, stop shooting, im not armed. This is where the case gets problematic. In my view its going to what happened at the second location. They had a scuffle at the car and the evidence will come out about who started it and what happened. But at this point you can make a strong argument the officer should not have been firing at him. But he turns around if he starts charging at the cop. Because selfdefense can sort of appear, disappear and reappear in a case. If this guys now charging at the cop as the last witness says, that is very helpful for officer wilsons defense. I think maybe he started coming toward the officer in an attempt to surrender. None of the only person who talks about an alleged charge. Maybe he just had a misuse of words. We have yet to hear from the cop. As you take all of the testimony from all of them in the totality is rather clear that he had been hit. He was trying to surrender and that he was going down. Yet the officer kept shooting at him. I think the problem is the strongest evidence in this case i believe is once its revealed how the bullets entered his head and where the officer had to have been standing, its going to be rather clear to everyone that this officer did not have to shoot this kid the way he did. Youve teed up my next guest perfectly because dr. Michael baden will be here with us and well ask him what he says about the forensics. Great to see you. Thank you, sir. So what does the law say . What does officer wilson have to prove or does he have to prove anything about why he used his gun and how many times he shot mike brown . Well take a look at that just ahead. Plus, Bob Mcculloch, a man reelected four times by the people for the people of st. Louis county. Why are protesters demanding his removal . Does that matter . Well ask the judge about that whos more excited about back to School Savings at staples . The ladies . These guys . Or these guys . When you get guaranteed low prices on everything you buy the most, everybody gets excited staples. Make more happen for less. It can help your business save money. False. The truth is when you compare our Fastest Internet to the fastest dsl from the phone company, comcast business gives you more for your money. Why pay more for less . Call today for a low price on speeds up to 150mbps. And find out more about our twoyear price guarantee. Comcast business. Built for business. For the past 24 years Bob Mcculloch has been the prosecutor for st. Louis county, running as a democrat and winning reelection four times. He has found himself part of this controversy since the shooting of Michael Brown. Black leaders have questioned his ability to be fair since he has a lot of friends and relatives in Law Enforcement. Plus, critics point out that mccullochs own father, who was also a cop, was killed with his own gun by a black assailant when mcculloch was just a 12yearold boy. Joining me now alex, former Police Officer. Judge, good to see you. So far hes said im not stepping down, i can handle this case. Heres my question for you, if he goes forward and continues to handle the case and its not him, its an underling, he overseas it and is ultimately responsible. If this goes forward and he has to prosecute it, is that good or bad for officer Darren Wilson . Well, it could go either way. First of all he doesnt have to get off the case. Hes not related to the defendant. He doesnt have a personal interest in it. So legally he doesnt have to. But prosecutors can always get off the case if they choose to, just avoid the appearance of impropriety. The problem i would have if i was the Police Officer in this case is theres been so much made about this. Theres so many people saying he cant be fair, he has a lot of police relatives, his father was killed by a black man using his own gun years ago, 50 years ago, were talking half a century ago. Id be afraid that mcculloch would be bending over backwards to make sure that nobody thinks that hes being in any way biased against the victim in this case. And that ends up prejudicing the Police Officer, the defendant in the case. I dont think hell do that. I think, you know, prosecutors theyre very professional. They take on whatever case comes, whether its a Police Officer or a judge, an electrician, and they try the case to the best of their ability. But, you know, you would if i were a defendant, i have the fear of like everybody is looking at him if the evidence is not there to indict is he going to indict anyway . Because theres so much political pressure on him to do so. We had a state senator on the program last week saying he needs to indict otherwise there are going to be riots and saying he is not the legitimate prosecutor in this case because she said even though he won four times, he did not win the black vote. Well, thats ridiculous. Then we get rid of the whole electoral process because lets say a judge gets elected chlgt like i was the first cuban elected to the Circuit Court in miami. Before me we couldnt win. So i guess because the bench was primarily white men, we could come before the court and say we dont want to be tried by any of these judges. The Hispanic Community didnt vote for them. Thats not the way the electoral system works. Thats also like saying that a judge who has a personal divorce cant sit in family court because he has personal experience of a certain nature and hell be biased against the woman in the case. You know, thats just not the case. Do you think explain before i let you go, explain this grand jury process to the audience. You heard darryl parks suggesting that that system is somehow weighed against Michael Brown and perhaps in favor of the officer who theyre considering indicting. No, its the absolute opposite. If it doesnt get indicted by the grand jury, then the evidence clearly wasnt there. And im sure after the fact they will release all that evidence in order to show what was presented to the grand jury and why there was no case made. But as you pointed out rightfully, the saying is you can indict a ham sandwich because in a grand jury proceeding there is no other side being presented. The prosecutor is presenting all the evidence the prosecutor wants to present. Doesnt present any evidence that counters it, any counter witnesses. So its all onesided. If at that point the grand jury hears this and said, look, even if i accept all of your best evidence without any dispute from the other side, i cant indict. Then that was a weak, weak case. Yeah. That is very telling. If there is an indictment, its not an indication that its a strong case. Its just an indication that they were able to meet that very low burden. Then it moves on to the petite jury as we call it in law. Judge, great to see you. Great pleasure, thank you. The brown family lawyer says the autopsy diagrams provided by dr. Michael baden are all thats needed to justify the immediate arrest of officer wilson. But is that true . Dr. Baden is here next. Plus, well look at what the law says. When can an officer shoot at someone who is unarmed and running away . Coming up. Chicos new so slimming knit pants the peyton we think theyre the bestfitting pants in fashion. With technology that slims and shapes and fivepocket styling. Theyll be the star of your wardrobe. Chicos so slimming peyton pants. Were famous for our legs. At chicos and chicos. Com. One tried nasacort, which could take up to a week to feel maximum nasal symptom relief. The other took claritind,which starts to work on allergies in 30 minutes. The moral nothing works faster than claritind cozy or cool . Exactly the way you want it. Until boom, its bedtime your mattress is a battleground of thwarted desire. 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Flew in mortars and ammunition. U. S. Ambassador to lebanon says they were requested after islamic militants overran a town near the syrian border. We move to supply the army with ammunition it needs to defeat these extremist troops. A small volcano eruption in iceland briefly stopping air travel. The warning level was quickly lowered. No commercial flights were affected. In to ten another volcano erupted producing ash that disrupted air travel across europe. And the worlds oldest war ship making its final voyage before it docks. The uss constitution left Charlestown Navy yard friday morning the ship known as old ironside sailed toward an island in south boston where a 21gun salute was fired. The repairs set to begin in october now back to the kelly file. For the latest headlines go to foxnews. Com. Those things speak for themselves. Why would he be shot in the very top of his head . 64 man. Makes no sense. And so thats what we have. And thats why we believe those two things alone are ample evidence for this officer to be arrested. That was brown family attorney darryl parks who we just spoke to. Speaking at a News Conference on monday august 18th. He was detailing the results of a private autopsy done by dr. Michael baden at the brown familys request. But despite what mr. Parks said, neither dr. Baden nor the autopsy were quite so clear cut. The Bullet Wounds could have come when brown had his hands up or not. He could have been running from the officer or running toward him. And we still dont know the results of the autopsy done by the county investigators. Joining us now from newton, massachusetts, dr. Michael baden, the former chief medical examiner for new york city. And a man who has helped with a number, a number of high profile cases including the trial of o. J. Simpson, the death of actor john belushi and i could go on. Thank you, megyn. You got it just right when you said that was just right. How so . About we cant tell if the hands were up or down and whether all the bullets were from the front or maybe one of the bullets could have been from behind. That we need more information about. One of the bullets could have been from behind, but he was shot six times. Youre saying the autopsy did show that five of the six definitely were shot at Michael Brown facetoface . Well, the two in the top of the head was. The top of the head and the face were with his head bent down a little bit fronttofront, yes. The arm, since the arm is movable 180 degrees, some gunshot wounds in the arm could be from front or back since the arm can be turned around. So its one is not clear. But the majority of the wounds according to your examination occurred when the men were facing each other. Facetoface. Okay. We dont know how far apart they were, correct . They were more than two feet apart because theres no gunshot residue on the body. Okay. And what mr. Parks is saying and the brown supporters are saying is because the fatal wound went in through the top of Michael Browns head, that is Proof Positive that he was down like this surrendering, that he was in a surrendering posture. Is that true or is that not true . It could be that way, but it neednt be that way. All it means what it means is that the head was bowed down toward the shooter. The shooter is standing up struck had the gun pointed at the top of the head. Let me ask you something that may be a dumb question. Michael brown is getting shot. You said that was the fatal shot, the one that hit him up here. So hes getting shot. We know that, by the officer, bullets are going into his body. Doesnt it seem obvious that of course he probably would be when youre getting shot he had been shot several times. Couldnt he just have been falling over . Yes, absolutely. That could be what happened. Thats why we need all the forensic evidence from what the shirt the examination of the shirt will be important, the toxicologys important. The initial struggle in the car, if there was a struggle, should be able to be identified by examination of the inside of the car. That becomes very important for forensic evidence. And he could be standing still. He could be backing up. Or he can be Going Forward as far as the autopsys ncerned, facetoface more the majority the autopsy results are just not a slam dunk for either side. Its going to come down to other direct evidence and testimoni s testimonials. Yes. So the toxicology report, reportedly shows marijuana in Michael Browns system. I mean, is that even relevant given marijuana today . I mean, marijuanas legal in several states. Is that relevant . Or might this have been some laced marijuana that would have made him act crazy . Where is that going to go . The marijuana itself is irrelevant to what happened. If its combined with other drugs, its so hard to evaluate leaks that are not substantiated by an official report. If there were some pcp or phetamine. The marijuana by itself would not be a factor. Dr. Baden, always interesting talking to you. Thank you so much, sir. Thank you, megyn. What a career he has had. I mean, he is it. There is nobody whos done what dr. Michael badens done in this country. So lets say that mr. Brown had his hands up as his friends claim and actually eyewitnesses who dont know him are claiming. And lets say we know he was unarmed, which we do. Is that the end of this case . Is that ball game . Is that all they need to show this officer went beyond the guidelines for deadly force . Joining me now Trial Attorney and criminal defense attorney mike eiglarsh. Mark, is that ball game . I think its very difficult for him to say reasonably he had the right to shoot him if his hands were up. But i would want to know more. Maybe hes running towards him with his hands up. Which seems ludicrous. I cant imagine thats what happened. All im saying is he deserves due process like anyone in this country does. Lets wait. We dont have it all. We on this show have been saying that all along. I think the viewers know thats of course the way it has to be. Of course he gets due process. Everybody gets their rights protected. Let me ask you, what is the standard for when an officer can shoot someone to death who is unarmed and running away from him . Well, in the tennessee garner case Supreme Court. Decided by the Supreme Court in 1985. They decided that that officer must have reasonable suspicion that that person is a danger of death or seriously bodily harm to that officer or the community before they shoot a fleeing felon to effectuate an arrest. So if he had a legal belief that Michael Brown was off to hurt somebody in the community or still posing a deadly threat to him, then he could shoot to kill. Do you agree with that, mark . Absolutely. And if he had knowledge we dont know what the facts are, but if he had knowledge of what took place in the store which could have been reported as a strong arm robbery. So he thinks maybe hes violent. And coupled with what were hearing hes claiming happened in his vehicle, punching in the face, going for the gun allegedly, i have no idea if this is what happened. Those two things together would give him an obligation to protect the community from further violence. Lets assume all thats true. Lets assume in the best case of officer wilson he knew. He knew about the robbery, conflicting evidence on whether he knew or did not know. And lets assume they had a scuffle in the car that we put on Michael Brown. And punched him allegedly. And went for his gun. Totally inappropriate. And a felony. Lets assume that happened. Then Michael Brown starts running away from him. And this is the part i keep stopping on. Its a bad situation at the car. Bad. If Michael Brown did that stuff, its bad. Its a crime. But then he was running away. So could the cop argue he went for my gun, i was afraid for my life, he hurt me and so i reasonably believed even though he was running away from he he was going to go hurt somebody else or the threat to me was not over. Hands up, dont shoot. Megyn, that is the key issue. Im one step before that. I agree with you if hes got hands up, dont shoot, the cops done. But take it back one step prior to that. Can the cops shoot the guy if he can prove all that stuff i just said but Michael Brown is still running away . Does he even have an argument . If Michael Brown is running away at the time, its shaky at best that he could prove that he was a danger of serious death or bodily harm or death to himself or the community as hes running away. He could see nothing that indicates hes armed and many of the cases decided along this line the question was did the officer reasonably believe that that person was armed. And when all you have no, it doesnt have to be. When all you have is the physical altercation, you do not necessarily have enough to believe that they can cause death or serious bodily harm to the community. Megyn, the law does not require the person to be armed, number one. But i do agree that it comes down to reasonableness. The laws just out there, but jurors whether it be a grand jury or the trier of fact if this ultimately goes to a jury trial, theyre going to focus on the one word thats repeated several times in the language of the law, reasonable. Is it reasonable for an officer to conclude that someone running under those circumstances would be justified in shooting. Reasonableness. Thats the case. I think what happens after that if he has his arms up or doesnt, its the cops testimony thats going to be critical. Even if the eyewitnesses say the hands were up in selfdefense or in surrender. If the cop can convince the jury that what he saw was an aggressor in some way, shape or form and they believe that, he could get selfdefense. Guys, good debate. Thank you both so much. Thank you, megyn. As the riots played out on the streets of ferguson after the shooting and the crowd calls for this officer to be arrested and indicted, attorney general eric holder spoke up and said he understood their distrust of Law Enforcement and he empathized with their anger because he as a black man had has his own experiences growing up with police. Up next well take a closer look at the dojs role in this case. Plus, what about the ferguson Business Owners who saw their stores looted and burned . Whos standing up for them . Wait until you hear the latest twist. Thats just ahead. L if youre suffering from constipation or irregularity, powders may take days to work. For gentle overnight relief, try dulcolax laxative tablets. Ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. Dulcolax, for relief you can count on. Remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, ill remind you. [ siri ] oh no, i cannot do that. Oh, and remind me to get roses when im near any flower shop. Sure thing. Remind you when you get to flower shop. I cant do that either. Cortana, its gonna be a great night. [ beep ] oh wow thanks for the traffic alert. I better get going. Now that is a smart phone. Oh, wait its cause you make me smile oh, wait when folks think about wthey think salmon and energy. But the energy bp produces up here creates Something Else as well jobs all over america. Engineering and innovation jobs. Advanced Safety Systems technology. Shipping and manufacturing. Across the United States, bp supports more than a quarter million jobs. When we set up operation in one part of the country, people in other parts go to work. Thats not a coincidence. Its one more part of our commitment to america. And she gave me advice. She said, dad, go pro with crest prohealth. [ male announcer ] go pro with crest prohealth. Immediately, i felt a difference. It did an extremely good job of cleaning. [ male announcer ] crest prohealth protects all these areas dentists check most. This deep clean was way more than i ever expected. [ male announcer ] 4 out of 5 dentists confirmed these prohealth products helped maintain a professional clean. My daughter inspired me to make a change. Crest prohealth really brought my mouth to the next level. Personally ive seen a lot in my time as attorney general but few things have affected me as greatly as my visit to ferguson. I had the chance to meet with the family of Michael Brown. I spoke to them not just as attorney general but as a father of a teenage son myself. They like so many in ferguson want answers. Well, that was attorney general eric holder after his visit to ferguson, missouri, on august 20th. Mr. Holder met with Michael Browns parents and Community Leaders while in ferguson as Hi Department conducts a federal investigation into this shooting. Mr. Holder has made a point of talking about his emp think for the protesters in ferguson and their feelings of distrust for the police. Jay Christian Adams, a former doj attorney who worked for eric holder and now legal editor of pj media. Chris, good to see you. Eric holder im sure has had experiences growing up as a black child and now black man with Law Enforcement. Im sure he does empathize with the black community. Is it appropriate for him to be this context when we dont know whether Michael Brown was a victim or the aggressor here . No, its not appropriate, megyn, because part of due process means keeping your mouth shut when youre the attorney general and especially not saying the sorts of things he said. What he did in those quotes, megyn, is to create a sense of racial allegiance with Michael Brown. He talked about his experiences that he didnt like with the police, how they stopped him, how he thought they acted inappropriately. This is an effort to put pressure on local prosecutors, local grand jurors and take sides in a very incendiary matter let me take the other side. Why cant it just be an effort on our black attorney general to speak to many black protesters in ferguson, missouri, who are mad and dont believe the police are going to dpif them a fair shake and ticked off the police opened with Water Cannons and rubber bullets on them and by trying to lower the temperature by saying, i get it, you can trust me. This is why you can trust me. Well, first of all, because the law doesnt work that way. Theres a federal civil rights statute that will be enforced in this instance. And eric holder can enforce those laws without taking the appearance of taking sides. But thats not in his dna. He has to take sides on anything like this because hes attempting to appease the president s political base. Hes attempting to influence the outcome. And its just inappropriate for an attorney general to do this. No attorney general would act this way. Were you surprised to hear him say nothing has effected him in his tenure as attorney general as ferguson has . Well, especially for somebody who has all sorts of intelligence coming to him about terrorist threats around the world. I would think theres a whole lot more. Its like this man is involved in a terrorist attack that occurred in our country, but hes saying, i dont know, i thought it was an extraordinary statement. Why its not surprising to me, megyn, is this is an attorney general for whom race is everything. Race is why he has an aggressive policy to the Civil Rights Division to not enforce the law equally. To put a thumb on the scales of justice. To take sides in situations like this. He says so. He says that the Civil Rights Division and representing the civil Rights Groups and holding arm and arm with al sharpton at sharptons convention, thats what this attorney generals about. Its not about equality. Its about race. J Christian Adams, good to see you. Thanks, megyn. Riots and protest have put ferguson on the national radar. But for those who live and work in the small suburb, theyre ready for life to get back to normal. Mike tobin talked to a Business Owner about why hes committed to reopening for his community and his employees next. We are born makers. So we made a car with the most technologically advanced allwheeldrive system in its class. The allnew chrysler 200. Americas import tm [ music and whistling ] when you go the extra mile to help Business Owners save on commercial auto insurance, you tend to draw a following. [ brakes screech ] flo unh. [ tires squeal, brakes screech, horn honks ] ooh, ooh [ backup beeping, honking ] a truckload of discounts for your business now, thats progressive. Femaget three years interestfree financing and save up to 400 on beautyrest and posturepedic. Even get three years interestfree financing on Serta Icomfort and tempurpedic. But this special financing offer ends labor day at sleep train. [ bleep ] [ bleep ] [ bleep ]. Well, that is one of the most played videos from ferguson, missouri this month. Protesters burning down a Convenience Store just days after the Michael Brown shooting. Those who live and work in the small town say the rioting, the looting, is not what ferguson stands for at all. Their goal now, getting back to normal. Foxs mike tobin spoke with the owner of the original reds barbecue in ferguson. Its a sad thing what happened the way it took a violent turn. I hope it does not happen again. Because its not just us as Business Owners suffer. It instills a sense of fear among the general population that lives around. I think theyre scared, oh, theres craziness out there, lets not go there. We couldnt operate our smoke houses in the back. We wanted to let people know we are open, so we brought it out tried to make it a big block party, try to give it a positive spin because people are scared to come out. Businesses are scared to open up. Parents are scared to let their Children Play outside. This is not what the community is. This has a nice homely feeling to it. We wanted just to give something positive, say, hey, its okay. Sense of normalcy. Its not all violence and not all the looting as what youve been shown. Thats not what it is. Definitely business took a toll. It has affected business. We did that outside cooking just for the one weekend and that was just to have a sense of normalcy back in the community that, hey, its okay. Were out here. Were here to serve you. While youre doing just a fraction of your business, youre keeping your staff on. Yes. Can you do payroll . I will one way or another because they have been with me for two years. And they are just of the majority the demographic that lives in the neighborhood these are people who live paychecktopaycheck. I can survive without one paycheck, but its going to be hard if i cost them to change their plans entirely because loss of one paycheck. Theyre with me. Theyre with me in this. So we are an extended family. So im happy to take care of them. Being angry is not going to do anything. Its not going to put anything positive out there. Its just to make peace with it, move on, things happen in life. You deal with it. And well be back. One of my employees, hes the most passionate employee we have out here and he said we will be back. Thats true. We will be back. We will survive this month for sure. Up next, how ferguson may now be looking to the american taxpayer to bail it out of the financial damage imposed by all of this. At legalzoom you can take care of virtually all your important legal matters in just minutes. Now its quicker and easier for you to start your business, protect your family, and launch your dreams. At legalzoom. Com we put the law on your side. With crest 3d white luxe toothpaste. Only crest 3d white has whitelock technology. It removes stains within the microfine lines of your teeth. And locks out future stains. Crest 3d white luxe toothpaste. Life opens up with a whiter smile. Crest 3d white luxe toothpaste. Hey pal . You ready . Can you pick me up at 6 30 . Ah. boy im here im here cop too late. I was gone for five minutes ugh move it. Youre killing me. You know what, dad . Im good. dad it may be quite a while before hes ready, but our Subaru Legacy will be waiting for him. vo the longestlasting midsize sedan in its class. 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Get medical help right away if you have symptoms of a heart attack or stroke. Use caution when driving or operating machinery. Common side effects include nausea, trouble sleeping and unusual dreams. I did not know what it was like to be a nonsmoker. But i do now. Ask your doctor if chantix is right for you. Where he will, the Ferguson City council has approved a Million Dollar aid package to help the businesses hurt in the ferguson protests, but it is apparently not enough. Now some are pushing for a federal bailout. The county executive saying of the feds, if they can bail out the banks, they can bail out ferguson. What do you think of that . Go to facebook. Com thekellyfile. Follow me on twitter. Let me know your thoughts. Im megyn kelly. This is the kelly file. Welcome to this special edition of hannity. For the entire hour were going to be focusing on the rise of radical islam around the world and what it means for the safety and security for our homeland. Recently i had the opportunity to speak with former Vice President dick cheney about the dangers posed by the islamic extremists and he explained why the Administration Needs to wake up and take these terrorist threats very seriously. You know, you said a while back that a lot of people kind of hemmed and hawed at what you said, you predicted america will likely get hit in the next ten years in a way that is worse than 9 11. Did you watch