Largest single day jump in cases. A state where the Health Experts are worried about a mass, unmasked gathering. And he is going to do exactly what creates the most risk there. Masks optional. Social distancing optional. Please come. All of you come. Lets have a huge crowd. But trump is asking everyone who enters to support him to sign a release that he is not responsible if anything happens as a result of everything hes asking them to do for him. He asked you to come to what he knows he shouldnt, tells you the only things that help are optional, and then wants you to make sure he has no responsibility. In this, you have the perfect example. A metaphor of the malady and of the madness that has made a mockery of the trump presidency. One set of rules for the donald. Another for you. Another example . Look what happens around him in the white house. Oh, there are a couple cases. Everyone wears a mask. Everyone gets tested. All cases are traced thoroughly but not for the rest of you. Those he looks down upon at a rally or just living in this country, no need to be careful. Thats weakness. His presidency is riddled with his own selfinterest. He literally went to the Supreme Court hoping for a ruling that obama was wrong to help dreamers the way he did and thought they would just miss the fact at the court that he has no plan to help them even though he promised to. He lost at the Supreme Court again. Why . Because in america rules matter. In america, we surrender the me to the we. In america, the highest interest must always be justice not just trump. Trump called the defeat a shotgun blast to the face. This, the same man who said all this. We are going to deal with d. A. C. A. With heart. I have a love for these people. We want d. A. C. A. To happen. Lies. Period. He twoonts kick more than 200,000 front line workers including 27,000 who are in health care out of the country in the middle of a pandemic. Why . Because he thinks it will be a promise kept to his base. But his presidency and its marginal popularity is proof you can no more cater to just the base than you can hope to win again by just being base. By dividing, lying, and defying the command of leadership and responsibility that falls squarely on the shoulders of the highest leader in the land. And taking responsibility is just something this administration and this man refuse to do. Another example. The administration refuses to take responsibility for the growing number of coronavirus cases. By the administration, i mean the president. He looks at the map that you see and he says, not me. Again, why . Because the president sees reopening as good for him. Reopening at any cost. So that it doesnt cost him. But the truth is evident in the pain. Hospitals are filling up at critical rates. Another 1. 5 million of our brothers and sisters find themselves out of work and the numbingly harsh coronavirus death tolls. The deaths this president doesnt even talk about anymore. Todays Supreme Court decision along with the earlier one this week to protect lgbtq workers from discrimination, remember he promised to be a champion for that community. Its all proof he has never been about fairness for any group that doesnt favor him. But a president must fight for fairness or fail. And trumps stubborn silence on systemic bias has been stunning as we see streets filled all over this country with those who demand better than his deference to division and his obvious and ugly attempts to play you as americans for fools. The man who planned a rally in tulsa, oklahoma, the site of a horrible massacre on juneteenth, and then refused to acknowledge what sent so many to the streets, now he wants you to believe that he did a good thing. He made juneteen th famous. He made june teenth famous that, quote, nobody had ever heard about it until now. So he ngt hthinks his rally sch was a good thing. Here is the truth. You know who had no clue about juneteenth . Him. He admitted they didnt think about it when scheduling the rally because he had never heard of it. His people had to tell him. They put out statements marking the day before this year. Too many are now painfully aware of his ignorance and his arrogance, and that is the deadliest and most dangerous combination in leadership. Ignorance and arrogance. Like when he said he did us all, including president obama, a favor with the birther bigotry. Or his latest propaganda. Did you see this . Garbage. An inverted triangle symbol. Gee, where have we seen this before . Oh, right. The nazis used it to mark political opponents. These are all symptoms of what ails trumps administration. All the dog whistles. All the injustice. All the irresponsibility. All the division. Its all about him and his, not about you, not about yours. This is the truth laid bare by john boltons book, with claims trump asked for chinas help with reelection, that he said china was okay to build internment camps for muslims. He defended the murder of a journalist to cover for his daughter. Why . Because he wants to serve a second term. And he even thought invading venezuela would be cool. Thats his word. Thats what bolton says in the book. Thats why its racing up the republicans do not read list faster than potuss twitter feed. It is a story weve heard time and time again what bolton says. John kelly. Jim mattis. A truth that is painfully obvious to anyone if you have an open mind. The only question is whether what got him here will get him to another term. Heres the good news. He cant control that. Only you can. Just see the situation for what it is. And with that, we turn to what we have to focus on right now. Several new developments from atlanta after the Police Killing of Rayshard Brooks. More than 24 hours after telling the world that fired officer Garrett Rolfe could face a possible death sentence if convicted he now insists that something he was never looking for, the prosecutor. Listen. Well, i think its clear that we are not asking for the Death Penalty. We simply cited that because statutorily that is one of the possible sentences, but were not seeking the Death Penalty. I dont think anyone rationally expected that we would ask for the Death Penalty in this case. The language should never have been dangled out there, then. Similarly, d. A. Howard maintained the other officer charged Devin Brosnan is willing to turn states witness. That directly contradicts what his defense team told you right here last night. A short time ago after posting bond, brosnan broke his silence about the shooting. I have full faith in the criminal Justice System. I think this is a tragic event, and it is a total tragedy that a man had to lose his life that night. I felt he was friendly. He was respectful. I felt like he seemed like someone who needed my help and i was really just there to see what i could do to make sure he was safe. So lets take a look at the state of play in this case. Lets bring in our legal and Law Enforcement experts. Gentlemen, thank you. Charles, let me start with you quickly here. I dont want to unfairly paint the prosecution. The Death Penalty option was put out there as a possibility by them. Brosnan being a state witness was put out there by them. This prosecutor was on tv before charges were filing signaling charges were in all likelihood coming and that is something we rarely hear from a District Attorney in this situation at all let alone in advance. Any concern about politics creeping into the performance early on . Well, i dont know if its politics or not, but certainly this moved very fast for the criminal Justice System as it relates to dealing with Police Officers. Youve had cases that have gone on for a year or two and i am certainly not saying it should take that long but i am saying its been, what, a week, if that long, and when you move fast like that sometimes you can make mistakes. I agree with you. They never should have dangled that language out there because there are people that then start looking for that as a possible outcome. And i never thought that it was even remotely possible that it would end up as a Death Penalty case, personally. Joey, explain to people why it was in the realm of possibility in context of the charge and why you believe or dont believe it will be in play . So i see things another way. I dont think it is irresponsible on his part. I think it was responsible on his part to give people the sense of what the statute provides. He is charged with felony murder. What does that mean . It means that in the commission of a felony someone died. What is the underlying felony . Aggravated assault. A prosecutor, you want to let people know what is as you mentioned, chris, the state of play. The charge that he has called for provides for if it is pursued the Death Penalty. Could he have clarified and said at the press conference were not seeking it . He did not. But at the same time he let people know what the deal was. So to the extent that he was informing and informational i think it was inappropriate that he said so. As to the other issue you mentioned dangling also the other one was going to the other officer was going to cooperate. He wasnt. For all we know the other officers lawyer could have gotten to him and shaken him and said, what are you talking about . I think you have a viable case. Lets take that back. Lets walk that back. So we dont know what happened. All i can tell you is when we saw the press conference i thought that mr. Howard laid out the facts. He laid out the law. He laid out the policy as it relates to not shooting a taser from someone you cant shoot a taser if somebody is running away much less a gun. He said that. You have to render aid. He said that. There were a lot of things he mentioned that were very responsible and in light of that i think that you have to inform the people and be transparent. That is very important. All right. Charles, what is your take on what were hearing about officers in atlanta seemingly protesting in their own way by not showing up for duty, not returning calls . The mayor in response now or the municipality is giving bonuses saying it is about the extra duty during protests but could also be seen as paying them to come and do the job theyre already getting paid to do. What is your take on it . Listen. This is a tough situation for Police Across the country. I do not agree that officers should not come to work. This isnt pro bono work. You do get paid to do this and you have an oath that youve taken and you have a responsibility that goes along with that. Having said that, though, i think it is important that we think about we need to have balance when talking about policing in this country. The last month almost has been very, very negative, to a point where in some instances it is almost as if police are being demonized as a group. And we have to be a little careful because it is demoralizing. It does, i think, wear on officers not just in atlanta but across the country. So these Police Chiefs have to hit these roll calls, talk to the men and women, keep their morale up as high as they can. Get them out there doing their jobs. If they do their jobs properly they have nothing to be concerned about. If they dont or if theyre one of these people like we saw in both minneapolis and atlanta, yeah. Youve got a problem. I think we need to make sure they have the balance they need so they can continue to get out there and do their job. If i can say one more thing about the prosecutor my whole point was this is a heightened emotional state. Words matter. You have to be very careful. If you knew from the beginning you werent going to seek the Death Penalty then either dont throw it out there or throw it out there and say thats not where were going because people have Unrealistic Expectations when Something Like that is thrown out in this current state were in right now. Fair. Lets do this. Lets take a quick break and, gentlemen, please stay with me. Lets take on the really hard part of this conversation. Okay . There are arguments that will be made that may make convictions difficult in this case. For both officers. I know a lot of people dont see it that way but we are doing a disservice if we dont run the analysis all the way through. Lets take a break, come back, and go through what may well happen at trial, next. What makes you, you . Your cells. Trillions of them. Thats why centrum contains 24 key nutrients to support your energy. So you can take care of what matters most. And try new centrum minis today. But a resilient business you cacan be ready for it. 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In the Rayshard Brooks case things have moved very quickly from the policing and prosecutorial perspective. However, you got to be reasonable or you have to be at least aware of what is to come. Garrett rolfe the officer who was fired, his case, while there are charges, probably wont be presented to a grand jury before january. Now, he is in custody tonight but already moved from the Fulton County jail to another facility for security reasons. He has to wait a long time to learn his fate. Prosecutors need to build a case. This is the part i want to discuss with you. This is not a case against citizens. The standards are different. The defense arguments and the ability to justify action is also different because these are Police Officers. That is not to say that they get a break. It is a different standard under the law. Lets look at this with joey jackson and charles ramsey. I couldnt ask for better guests than this. Now, lets start with the lesser charges against brosnan. Okay . Joey, brosnans defense is going to be, look. I gave the guy a break. I talked to him for a while. When he made the choice to start fighting me and start kicking my ass i fell and whacked my head. The next thing i knew he had my taser and i was stumbling around trying to figure out what happened. I heard gunshots. I didnt even know who was shooting. I ducked behind the car. I look up, i see the guy on the ground. I run over, make sure he is not still a threat. As soon as i perceive that i did start giving medical aid. In fact, everybody else showed up and i kept giving medical aid even in the ambulance. How am i getting charged . How potent is that . I think it is very potent, chris. You lay out certainly what the case will be for the defense. I think it is important in speaking about this to go back very briefly to what the chief said. This is not about demonizing police. Police serve us every day and twice on sunday. Were grateful for that. We salute you for that. May you continue to do it and god bless you. What we are looking at here is something that is potentially criminal. I say potentially because there will be a trial in the event it goes that far and people who do things like kill people when it could be avoided need to be held accountable. To your point, yes. There will be the argument as you just laid out but also the adverse side of that. And the adverse side is having an obligation to preserve life. The adverse side is that you communicated with this person and you recognized during that communication that he was compliant. You had an obligation to tamp things down. You tried to then put him in cuffs and he did not comply with that. Thereafter what happened was really serious, really unfortunate, a tragedy, and unlawful will say the prosecution. Why . You are not in immediate fear of anything. You had his car. You had his license. He fired a taser. You know a taser number one under policy is not a Deadly Weapon. Number two you also know if someone is running you cant even fire your taser at him. Why would you fire a gun . To the extent you have him if you are the other officer not rolfe who did it but the other officer why do you then stand on him thereafter . Why do you then not render immediate aid thereafter . You are trained to do it. You failed in doing it. You have to pay the consequences for doing it. Guilty. Thatll be the argument. Charles, in policing, the man was definitely running away. Or was he . Right. They will offer the argument that, no, no. He was running but he turned. And he pointed. And he fired. We saw the taser discharge. And now joeys definition must be changed. The taser in the hands of the untrained user can be a dangerous weapon and thats why i had to switch from my taser to my weapon, my pistol, and fire at him even from behind, because he wasnt really from behind. He had turned and i was afraid he could really hurt me with that thing. How does that stand up to training, practice, and practicality . Well, youve got two problems here. The first is that early on in the encounter when mr. Brooks first gets out of the car, he is asked if he has any weapons on him. He says no. Then he was asked if he would be okay if he got patted down. He complied. He was patted down. At that point you know he doesnt have a firearm or a knife or other type of Deadly Weapon. He says the taser is the dangerous weapon. But everything is smooth until the wrestling. Then he grabs a taser and starts running. My point is this. When h