anything to the investigation about what sent this chopper down, but as we know this has been a major tragedy for louisiana army national guard. four of them still missing. we had been told by a spokesperson here has the next of kin have all been notified. the names have not yet been released and only after this search is called off or if they are recovered will those names be released publicly but as you said at the top, anna pieces of this helicopter now washing ashore including landing gear and the discovery of human remains. >> and when you say that it doesn't sound good of course. you look at pictures and don't know the cause of the crash, but it does look like it must have been a violent ending given just how small some of these pieces ar and seeing twisted metal. hopefully we'll learn more information during this press conference. i wonder what the conditions may have been like in terms of whether they anticipated the conditions or if this was something that came out of the blue? can you tell us more than? >> well a spokesperson there at eglin says that intentionally in many cases this training happened in inclement weather, that the military has to be prepared for all possibilities, and sometimes there are mishaps and in this case there obviously was one and the fog has actually been a problem not just last night during training but really hampered the search during the morning hours. the only good news here is that the fog has gownbegun to clear and made it easier for the coast guard, the florida fish and wildlife to continue to search for the missing seven marines, the four members of the louisiana national guard, also for the pieces of this plane. we have now walking in major general glen curtis to give us the very latest on the black hawk that went down and those four members. >> all right, victor. stand by for us. as soon as we see the military member spokesman coming up to this podium we will, of course take you back there. we'll check back in with you, victor. we do have more breaking news right now. a source tells cnn the police xheef in chief in ferguson missouri is willing to step down. it comes on the heels of a resignation of a municipal judge and ferguson city manager. we'll talk with that. bear with us. we want to go back. the press conference started about the 11 people presumed dead in this airplane excuse me military helicopter crash. >> -- i thank all of you for coming out today. today as you can imagine is a tough day for the louisiana national guard, and the marine corps. i am confirming to you that we had a training accident over in florida where we had two of our black hawk helicopters doing training misses with the marine corps. as we speak there's an ongoing search and rescue operation to -- search for that aircraft and search for our service members that were on it and that's as much as i know at this point. at many details that i know. a little about the unit. the unit's official designation is the first of the 244th assault helicopter battalion. they do flight the uh-60 black hawks and have approximately 385 soldiers in this unit. it is a experienced unit and one that has received numerous accolades from its service to our nation. to include deployed to iraq twice in 2004 and 05 and 2008 and '09 and here in our state domestically responded to hurricane trina, the mississippi river flood, and tropical storm isaac. i will tell thaw both of-- you that both of the fights were instructor pilots one of the highest rating we have for our pilots in the army and the entire crew had several thousand hours at operation flying the black hawk. today i was contacted by president obama and governor jindal and they asked that i extend to the families and to our service members in louisiana national guard that we are in their thoughts and prayers, and that the whole of government both at the federal and state level are at our disposal to take care of our soldiers and take care of their families. let me be very clear. at this hour our priorities my priorities are search and rescue for our soldiers and the marines, and secondly is to take care of our families. and we are doing both of those. this will remain a search and rescue operation until further notice, and i would ask you out of respect for the families i will not release any names at this time. due to respect for them and i would ask you not to try to basically hunt them down and try to do interviews with them at this point, until we ficker out where we're going. i would ask you to keep our service members and their families in your thoughts and prayers, and that really concludes my comments. i would be glad to try to answer any questions that you may have. yes, sir? >> can you give us any details of the type of training what they were doing? >> well we were supporting the marine corps. and so that's really about the extent that i know. we were doing lift operations for them. i would refer you back to the marine corps for any details on the specifics of the missions or the training missions they were on. yes, ma'am? >> [ inaudible ] -- telling the -- at home -- [ inaudible ]. >> i do not have that information. i have been talking to the command post over at eglin, and you know what i'm getting back from them is that is a search and rescue operation. >> [ inaudible ]. >> i don't have the specific dates. they've been there for two or -- they left sunday? okay. they left sunday and it was normal course of business for us to work across the services in training missions. >> [ inaudible ]. >> yes, sir? >> at what point do you -- [ inaudible ]. >> they -- now i'm not a pilot. so i'll speak from a novice standpoint but they were very cognizant of the mission, but you know apart from one station, and the weather you didn't expect, and so they had to be -- they is several thousand hours in that cockpit and they had several thousand combat hours in that cockpit. but they go through simulations for all kinds of situations that may come up whether it's weather, engine problems et cetera et cetera but it's standardsthe standards required for any soldier in the army to be a helicopter pilot, they met those over the years and they have to remain current. >> was there any call for help do you know when this broke out? >> i do not know that. i think the incident command post will look into that and investigation pending outcome to see exactly what was said or not, when. >> under the understanding two helicopters? >> there were two helicopters on the mission. one of them started to take off and then realized i guess, that the weather was a condition and turned around and came back. but that helicopter and that crew and all the members on that crew are safer and sound. >> one more question. fox 10 interviews people that live in the area heard sounds and they thought something was wrong. will you be talking to people in the area to find out anymore? >> i personally won't but i can temperature thaw -- tell thaw a follow-on investigation will be continued and they typically are thorough on any type of aviation accident. yes, sir? >> i'm not aware of any recording devices on location, if you were. >> by experts in the back -- >> we're having technical issues but have been living in p into this press conference with the general from the louisiana national guard providing information into the crash of the helicopter crash this morning really when the helicopter went missing. one of two black hawks on a training exercise a training mission of some sort near the gulf of mexico in the florida panhandle. involved seven separation operations forces marines as well as four army air crew members. so the general there was really addressing those army air crew members involved while he was not able to provide identities he did give us a little bit more information about their unit. he says these were very experienced members, this unit, in fact, has been deployed to iraq twice. has responded to hurricane katrina and other natural disasters. the pilots he said were among the very best had the highest level of centerification with thousands of hours behind control there's. these. uh-60 black hawks that they were using. again, there were two helicopters who went out for this mission. he said one of them ended up turning back because of the foggy conditions. now, we had heard from another military source earlier that they train in all kinds of conditions and so it was unclear if weather indeed was involved in this particular incident. the cause of the crash is still under investigation, but priority right now is the search and rescue mission. that is still underway. we've shown you some of the images of the debris that la been washing up your shore. we understand according to military officials they also have found human remains that have washed up onshore, and so that is the priority. a little more information about the type of helicopter involved. we learned that the one that crashed, again a u hsh doctor 60 maximum speed of 173 miles about hour and apparently designed to progressively crush on impact and that that's meant to actually protect people who are inside. so of course we'll learn more information about what happened as the day and the days progress but, again this is the latest information right now on the helicopter crash this morning involving 11 members of the military. we'll stay on top of it. we are also following more breaking news. this time out of ferguson missouri and a source telling us here at cnn that the ferguson police chief in missouri will resign today. this comes on the heels of other refg resignations. a municipal judge resigned this week. the ferguson city manager resigned less than 24 hours ago all this after the justice department's report about a week ago finding evidence the city of ferguson and its police office discriminated and targeted african-americans. i want to bring in cnn sara sidner working phones and don lemon joins us as well. sara first to you. what have you learned? >> reporter: trying to get details what this resignation means exactly when he will actually leave the department. if this is a resignation i'm going to leave in a week or a resignation he'll leave today. we're still working on the details but do now have confirmed from a source in city hall that the police chief will resign today. and there are already people who are responding to that those who have been calling for his resignation saying it's about time. the protesters who live in ferguson and outside of ferguson in the st. louis area many of them sending the messages saying that this is a long time coming and they wanted to see this but there are also residents that live there who did not want to see him resign. who wanted to keep the police department intact. who believed that the changes could happen and that this police chief could help make that happen. so we should be fair there are people who don't want to see him go. but we do know that a lot of folks who have been watching the situation have said that he needs to go for the betterment of the community. he was at the helm when all of this happened, and he was at the helm and there was makes they admit they made after the shooting of michael brown. and so i think there is a general sense from those who have been following this story and very involved in it this was an issue they wanted to see resolved. now according to our source the police chief will resign today. >> let me turn to don lemon. was this resignation inevitable? >> i they something had to happen. whether it's a resignation or whether he's been forced to step down or not, i'm not sure but i think something had to happen. there was so much pressure as to what was going on in ferguson, what it happened how it had been handled, i've been texting with the chief, he's being a bit cagey. usually he's a bit more forthcoming whether he is leaving or not. sara is right. what he wants to do before he leaves i don't think there's a question whether whose going to step down. i don't think they can continue with him. it's a question how he's going to do it how long it will take and whether he can get what he wants which i think is to make sure the department is not dissolved and that ferguson proper has a police department. same as sara said many people in the community want to keep a police department. the protesters that's a different story. they're a different story, but a what he wants to make sure is make sure the department is still intact when he does step down. >> we'll see. that's still yet to be determined. sara more new information for us? >> i just got this from my source. the same source telling us what would happen today and i flew know that his resignation willish an immediate leaving of the department. so when the resignation is put in, he will immediately leave. >> it won't be at the end of the week? >> it won't be in six months from now i resign now and going to be -- this will be handing in the paperwork and the resignation, and the city obviously has to accept the resignation which we expect to happen. but, yes. this will be immediate. >> if he steps down when he steps down, who steps up? who ends up taking over the department? >> and that was, you know one of the questions i think he was grappling with because he does not want to see the department dissolved f. there even if a department. >> right. if the department is discovered he wanted to appreciate that fra happening, but it's not his place. he can't determine that. the doj talked the fact they think ferguson can work it out and if their willing to work with the department of justice to solve the issues raised they have not said they're going to completely get rid of this department or put themselves in position to have a mandate over this department. the department has said and the city has said we will work with the doj. we've been working with the doj. they're intention is to keep the department in place. there are other factors going on. st. louis county. a lot of people talking about that taking over the department. but they are not without criticism, because that department was the department that brought in some of the military equipment. it wasn't ferguson that brought the military equipment in. >> criticized for the response to the protests. >> yes. pate of folks, who's going to take care of this problem? it's something the city has to work out. if the department stays intact they fully expect it will. they need to find the right person to head the department to try to make things happen so the community hat more trust in its department. >> sara sidner and don lemon, stay with me. stand by. when we come back continuing the conversation and play a chunk of interview i did with the police chief not too long ago, one of the few one-on-once he's really given since this whole scandal broke, this whole situation has been brewing. we'll be right back with that. continue to follow breaking news out of ferguson missouri. the ferguson police chief tom jackson is said to resign sometime today. i want to bring back sara sidner and don lemon working sources to gather more information and get more specifics when this exactly will happen and the final straw that led to this decision. before we talk to them let's play a little sound with the police chief, first you're going to hear a little sound with the police chief from an interview i did with him at the end of september, shortly after he apologized to community for everything that transpired with michael brown prior to the doj report that came out slamming his department and immediately after that sound you'll hear sound with sara sidner talking to the police chief last week after that report came out. let's watch. >> are you aware of at least some of the vocal people the protesters included who would like to see you removed from your position? >> sure i have and i've talked to a lot of those people. and i've talked to a lot of people who initially called for that and have changed their mind after having meetings and discussions about moving forward. realistically, i'm going to stay here and see this through. >> don't you think shue have known some of the things that came out? the racist e-mail the numbers. were you just trying to bilk people out of money instead of protecting them? telling your department to just go ticket them? >> okay. thank you. and i will be in touch. get ahold of jeff. >> i've talked to everyone. giving you literally every opportunity. we've been talking for days and days and days. all we want is an answer from you. >> i'm going to analyze the report and take action where necessary. >> does that 3450e7b you'remean you're going stay around? >> i'm going to take action where necessary. thank you. >> sara sidner don lemon back with me. i want to get your response in terms of this police chief, and his intentions seem to be good. when i talked to him. but ultimately it seemed the trust of the community is broken? >> yeah. it's interesting, because all three of us you, sara and i, have all interviewed him. i did in the beginning. you in september, and sara just recently, which is a great interview, sara. i think you've gotten more out of him than anyone else but basically he has said the same thing all along, since the very beginning, when this happened when august he said i'm not going anywhere. i'm going to continue to deal with this. i'll look at the reports. remember then st. louis county had taken over the police department and he had taken over dealing with the michael brown protesters and what have you. so his department had been basically left to do not much in the community. right? except for go on a couple of calls. so i think his position remained the same over time. even with the department of justice. he is now saying he won't confirm himself but through sources he won't confirm that she leaving . . -- he is leaving. hinting he might and i think there are things he wants to get out of this. obviously i think he doesn't want to leave without something monetarily or promises at least. i think it's going to be tough for him and the department and i wanted to comment on what you said earlier, who's going to take over the department? that's going to be hard as well. st. louis county does have a great police chief but there has been controversy around him as well. we may very well end up -- i don't know if this will happen but may end up seeing the democrat of justice come in and the complete takeover of this police department. xi we'll see how it plays out. >> you have to wonder sara could anybody in that department effectively police that community after this doj report came out? >> i mean the answer to that remains to be seen. i don't know the answer to that but you'd think so. i mean police departments exist all over this country and there aren't these kinds of controversies that bubble up. you have to have a very open department. and i think one of the things that people have asked for is community policing which a lot of departments are putting in place. we saw los angeles do that. right? after the riots there in los angeles, the rodney king riots, the department started saying okay. we need to start doing some other things so that we are in the community as much as patrolling the community. so that people know some of the officers. and that has been a constant theme that you hear people talking about. that the officers don't live in ferguson. that there is no communication other than negative communication between some of the residents. but you know to don's point where he talked about who's going to replace him? the city has to be very careful in what they do. whether or not they're going to fold won't the doj will come in they said themselves the department of justice has said we think that ferguson can fix some of these issues. we are willing to work with ferguson and ferguson has turned around and said we are willing to work with the department of justice. >> expressed desire to try make things better. >> they have. >> but i wonder don, if it's possible given the deep deep deep level of distrust or mistrust among the community members, particularly the african-american members of that community? i mean has too much damage been done? >> i think anything is possible. i think there's been a lot of damp. but you know we're talking about this police chief. i really think at this point, and i'm sure sara will agree with me. i don't want to speak four but i think it really hinges on what chief jackson does. if he goes willingly if she cooperative, then you know he can set a precedent for things to be better. if he says if he goes kicking and screaming or you know and starts to say negative thing answer the department or -- it's all really in the way he handles it i think, from this moment forward. here we are now there's been a lot of damp. a lot of damage. we're at this moment right now. so if there is to be a positive change with the police department then at this moment if needs to come from chief jackson. he needs to step forward and say, you know what? i may not have done a lot of things right. you may disagree with mooe what have you, or at least try to explain hems but then if he is to go if our reporting is correct, then he needs to go and go in a positive manner instead of a negative manner. >> don lemon, sara sidner we have to send there. don't forget to watch don tonight on "cnn tonight" 10:00 p.m. eastern. up next one of the ringleaders in the racist fraternity video apologizes saying the song was taught to him and he blames alcohol as well but what his expulsion from the university a violation of free speech? we'll debate. plus -- sickening reports that isis lulled-the-hostages into a sense of calm before being murdered by conducting mock executions over and over. this as isis leaks another video showing a child killing a hostage. stay with me. at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. [ male announcer ] at northrop grumman, we've always been at the forefront of advanced electronics. providing technology to get more detail... ♪ ♪ detect hidden threats... ♪ ♪ see the whole picture... ♪ ♪ process critical information and put it in the hands of our defenders. reaching constantly evolving threats before they reach us. that's the value of performance. northrop grumman. major developments in the kwar war on isis on the ground and in capitol hill. president obama's top advisers trying to convince lawmakers to pass his use of force resolution against isis. the terror group suffer add loss today. iraqi forces regained a military hospital in tikrit as they pushed to win back saddam hussein's hometown from the terrorists but isis is going on the offense as well. not tikrit but ramadi where witnesses say it's the fiercest attack they've seen from isis with more than 100 mortar rounds fired. isis is reportedly also on the attack in syria right now near turkey's border. joining me the co-author of this book good to see you. thanks so much. of course in the hearing today the secretary of state john kerry says isis is losing ground. losing mow minutesmentum saying we're working and need more power to really take it to isis. do you agree? >> losing momentum since early fall i would say of last year. the problem with secretary kerry's assessment is the battle of katikrit and the iraqi side sap cherred about 60% of that city the u.s. has absolutely nothing to do with this battle nor frankly -- it is true there is some iraqi military units involved in this but this is frankly a shia-militia-led effort meaning iranian proxy groups. iran is bombing locations around tikrit using their own planes. the major iran's foreign spy master and operative is the ground general of this whole campaign. >> how should we interpret that? his involvement? the iranian involvement? >> meaning as isis continues too lose territory iran's strength and influence and hasgeminy if iraq -- >> do they want to -- there is a revise by iran islam is the pure islam. iran's goals are simple. they want to control a whole swath of the middle east. they control five capitals now. the u.s. absented himself largely from this campaign and now is starting to get jitters and quite nervous about if the cure might be as bad as the disease if not a little worse so. >> yet ben wedeman on the ground is saying iraqis are welcoming iranians in terms of that in their involvement? >> i've also see video footage of a shia militia group burning down the houses of members of a tribe that they consider complacent with isis' takeover t. is indeed a complicated situation there on the ground. i want to pivot a little because sky news reporting today they spoke with the man who so-called defected from isis and he came out and kind of leaked information and he tells sky news that there are mock beheadings happening all the time really within these isis camps among hostages and that that might be the reason that the hostages we seed in the videos seem to be so calm? >> right. yeah. i mean -- >> what are your thoughts? >> makes perfect sense. these videos are premedpremeditated. getting the victims, getting them to act the role requires a lot of thought and a lot of care and a lot of precision. what they've done is essentially desensitizes them beforehand. don't worry, we're not going to kill you. this is all for the sake of the cameras and then the final cut, if you like is the actual snuffing. the actual execution. i've also heard reports, when he emulated the jordanian pilot,drugged him to get him along with setting a main live in the cage. isis -- this is a serious organization. they know exactly the kind of value they're going to get from the media, from the news cycle. i've called them the subeditors looking to elicit a response from the america, from the west from the middle east. >> how can you not be emotional when you see something like these videos? >> absolutely. >> appreciate your expertise on this. another big story we're following. the situation at the university of oklahoma involving the fraternity that was caught on video with the racist chant. is hayes speech free speech? that question follows the expulsion now of two college students who were caught leading the racist video clant. it's ignited a strong debate. opinions run high on both sides of the free speech issue. parker rice seen here railing fraternity brothers and others. he was kicked out of the university of oklahoma by the president just yesterday. the president david boren, said he expelled rice and another student identified by campus newspaper there the oklahoma daily as levi pettit. he says he expelled these two for leading the racist and exclusionary chant, which create add hostile educational environment to others. that's a quote. is he on firm legal ground? let me turn to criminally defense attorney and cnn legal analyst danny is a value owes and with us the professor from the ucla school of law. danny, let me start with you. what grounds, on what grounds can the university expel a student for something he said? >> first, very likely the students were going to be expelled but went that's ultimately constitutional will be another issue. since in the past decade or so universities have been under tremendous pressure frertom the u.s. department of education demanding they police harassment sexual assault, bullying and as a result universities are under tremendous pressure and could lose their federal funding if ocr feels they're not doing enough. what is enough? holding tribunals, students saying summarily expelled i don't know what kind of due process or any process they've been given but that's the problem. the universities are obligated to have zero due process and in some instances use a burden of proof like the preponderance of evidence something we reject for our doubt criminals. seems odd we're doing it with our students. bottom line many have said these students signed on to go to this university and somehow agreed to a student code offof conduct. that is true. however any university school code of conduct must also be if it's a public university must pass constitutional muster. that of course is where the constitutional discussion begins. >> eugene pick up from there, because not only are you a league expert but you are also part of a university and a lot of people want to know, can a school expel a student for saying the "n" word? for racial speech? >> no. you asked earlier is had hate speech or free speech? there is no hate speech to the first amendment. speech includes evil speech racist speech we're hearing earlier on about the atrocities that isis has perpetrated. that's protected to advocacy of calm nit revolution is protected all of that speech is protected. to be sure there are exceptions to protection threats, for example. if somebody threaten as particular person with violence that's protected. so there are exceptions but no exception for racially offensive speech. >> so in terms of the threat to help us understand more i mean there's one thing in the video that we pointed out which is the n word is used but there is also part of that video where these students are talking about lynching african-americans. is that considered a threat? so would that fall under harassment bullying? some legal grounds to expel a student? >> i think harassment and bullying is largely besides the point. it if you go up to somebody and threaten him with violence, or post something saying, we will kill this particular person that would indeed be a punishable threat. on the other hand if what you're doing is just chatting with your friends, whether seriously or in a pretty i think vile attempt of humor, but in any event, chatting with your friends in a situation where you have no expectation that anybody else will hear of it that's not a threat. it's offensive speech but not a threat. let me give an example. the charter of hamas, the organization that runs the gaza strip. calls for basically war against jews and killing of jews. not just israelis but jews. if sbhb to come up to me i'm jewish and say i will kill you because you're a jew, that's a punishable threat. but if somebody says i support the charter talking to friends sashgs port the hamas charter and think at some point there will be a war with jews and we're going to kill the jews that's not a threat because he's communicating not to the person threatened but just to a friend or fellow group member and that is constitutionally protected expression. awful but protects good as well as bad speech. >> thank you for your expertise and insight there's. could the reputation of those two expelled ever be repaired? says specially will when that video will live online forever. we're going to talk about that, next. it's lobsterfest... ...red lobster's largest variety of lobster dishes all year. double up with dueling lobster tails. or make lobster lover's dream a delicious reality. but hurry this won't last long. if you have moderate to severe rheumatoid arthritis like me and you're talking to your rheumatologist about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. 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[ female announcer ] who are we? we are the thinkers. the job jugglers. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. one of the so-called ringleaders of that racist chants at the university of oklahoma is apologizing now. parker rice issued his apology saying it was more important that he acknowledge what he did and didn't do and he says "for me this is a devastating lesson and i am seeking guidance on how i can learn from this make sure it never happens again. my goal for the long term is to be a man with the heart and courage to reject racism whenever i see or experience it in the future." here with me now branding and social media expert peter schankman and an author of "zombie loyal i689istsloyalists" peter, all right. we've got two kids who have been expelled now. this video is online. essentially it's out there forever. >> yeah. >> will they and their image forever be scarred? >> certainly doesn't help them. the world has a short memory and someone will do something stupider but right now they're first priority is looking for jobs and any employer is going to google a potential candidate and this is the first thing that will come um. they have an opportunity to change they are name and wouldn't surprise me if they did that. it's difficult to escape the shadow of google when you do something like this and it's amazing 10 15 years after the don of social media we still have to have reminders anything do you will be recorded and find out. >> let me bring up a couple other examples, because it seems like recently we're seeing more and more of these types of situations. i mean with even more high-profile people. paula deen. >> a couple examples. have they been able to bounce back? >> working, still in the p.r. industry. she was was the head of a global active. nopt anymore. it hurt her and tooks a financial and physical toll physical and mental health. imagine landing, turning or your hand and melts with 50 million tweets the top trending topic on twitter. they have a hard road in front of them. stupid move and it will hurt for quite some time. >> how will you rate oklahoma's response? >> one of the best crisis management response in years. on par with what the nba did when they the problem with the team owner saying racist things. it's because he's a former governor and knows how to handle crisis. moved in took a position and stated it the house dismantled the house, smart move distancing themselves. the fraternity themselves distanced itself from the chapter. >> we know a >> it's going to hurt them. it's not so much the university. i think that's the only recruit who will decommit. i don't think you will see this affect the university long term it was a couple students. it will affect the fraternity and the students. i teach a class at nyu on this. i tell the kids all the time be careful, anything you do will be there for the rest of your lives. >> let that be a lesson to our viewers. good reminder at the very least. peter, thanks so much for coming on. up next democrats are taking republicans to task for writing that letter to iran, saying they undermined the president but it's not just republicans. democrats have done some very similar things in the past. that's next. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping. there's nothing more romantic than a spontaneous moment. so why pause to take a pill? 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this is a 216-year-old law signed by president john adams and now some are claiming that nearly half of the senate willfully violated it. 46 republicans joined freshman senator tom cotton in writing to iran's leaders, asserting that any nuclear deal would need support from congress and the next president could override it. the logan act specifically forbids any american without permission from influencing quote, dissents or controversy gs involving the u.s. and a foreign government. this isn't the first time someone in congress has been accused of breaking this law. in fact the second bush administration slammed nancy pelosi former house speaker, after she met with syrian president bashar al assad on a trip to syria back in 2007. vice president dick cheney's reaction was pretty straightforward then and i quote, the president is the one who conducts foreign policy not the speaker of the house, end quote. politico's michael crowley wrote about this fight. the white house says the gop is trying to sandbag the president here but you're right, this sort of outrageous behavior really isn't that unprecedented. >> yeah. i just want to be clear that there's very little if any precedent for the way this letter was done kind of writing directly to a foreign government and undermining the president with this message direct to the foreign government. that's unusual. what my story pointed out was that there is a rich history of presidents angrily charging that the congress in all kinds of ways has exceeded its authorities in trying to undermine his foreign policy and national security making sometimes claiming it was unconstitutional. there may be no real precedent for this letter we have seen but there is a rich history of this and the pelosi trip is one example. house speaker jim wright a democrat met with the president of nicaragua much to the consternation of the reagan administration. even at that time there was talk of the logan act. bill clinton was very upset by some things the republican congress did. generally speaking this is a long-running power struggle but that particular letter may be in a category of its own. >> when you talk about the logan act, we kind of really summarized it briefly as we introduced this segment. do you think it needs to be changed if it appears that politicians can dodge this law with impugnnityimpunity? >> well i suppose. i think the practical reality is a member of congress just isn't going to be prosecuted. you're not going to see it happen. it might be good to clarify the law, there might be people who think members of congress should be able to communicate in this way. but as long as it's practically not going to result in any kind of prosecution, i think if there's this tacit understanding that private citizens can't be going, maybe ultra-wealthy businessmen with all kinds of connections can't be going to try to negotiate side deals, i don't know that the law needs to be updated. because you won't see any real action on it. >> the secretary of state john kerry tangled with senator marco rubio earlier today. let's listen to this. >> in essence, the way we proceeded with our negotiations in iran have impacted our trust level with these critical allies in this coalition. >> senator, that actually is flat wrong also. flat wrong. >> they said so publicly. >> it's flat wrong. >> do you think foreign policy is just hopelessly politicized now? is this kind of fighting inevitable between the white house and the opposition, the opposite party? >> we are seeing this across the board. we really have kind of two parallel visions of government and the country running and there's almost no overlap between them. there is so much hostility, so little comity although often comedy of the other kind. as one historian said to me when i did a story this week one thing that sets that letter apart from some of the other precedents we talked about is not that a congress was challenging a president's foreign policy but just the kind of open hostility you saw in that letter sort of the contempt for the president. there was kind of a sneering tone. i think that is probably what really set democrats off. but absolutely we just have a republican congress and democrat white house that have virtually no common ground and we are going to continue to see outrage on both sides as each side gets increasingly hostile and offended by the other. >> how does this make america look to the rest of the world? >> well i think it's problematic. you can choose who you want to blame for it but i do think that when the country is so internally divided, it does make foreign countries unsure about what we're going to do. it's hard for them to read what direction we are going to go in if we make an agreement with iran is it going to stick. i also know that inside the administration there has been concern about some of these domestic fights having an international component. for instance the inability to pass a budget this brinksmanship we have seen with the budget and the debt limit, making other countries doubt that our system fundamentally works, that our economy is fundamentally stable and reliable the chinese have had a good laugh at our expense when we have had some of these fights. and one official put it to me we are trying to convince the world our system is the best particularly as china grows and we may be losing that argument. >> michael crowley, thank you for joining me. that will do it. "the lead" with jake tapper starts right now. protesters said hey, hey, ho ho the ferguson police chief had to go and it looks like he's gone. i'm jake tapper. this is "the lead." the national lead. he said he would take action as necessary to fix the problems within ferguson's police department. now cnn learning that apparently means giving up his shield. sources telling us he could formally announce this at any moment. also in national two white frat boys caught on video chanting the "n" word. they now admit they screwed up. the university of oklahoma told them they need to find a new school to call home