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MSNBCW Up WSteve Kornacki November 29, 2014

Protesters urged shoppers to boycott black friday in response to the grand jurys decision not to indict a Ferguson Police officer in the shooting death of an unarmed teenager. One of the most popular shopping malls in st. Louis, demonstrators actually lay down on the floor. More rallies were held outside Big Box Stores in st. Louis county. In san francisco, meanwhile, on the west coast a group of about 300 protesters marched through the downtown shopping district breaking windows in union square. Across the bay, about 20 people chained themselves together through the doors of a b. A. R. T. Subway system, one heavily used by shoppers. Meanwhile back in missouri on the streets of ferguson, police made 15 more arrests in front of the Ferguson Police department. Richard lui joins us now from ferguson. Richard, thanks for taking the time this morning. Looks calm behind you. I was on the air the night before thanksgiving and it seemed calm then. Whats the expectation for today and for this weekend . Is the expectation that the protests will be kicking up again a little bit or more petering out . You know, steve, you described it so well because what we are seeing are different phases since monday. Of course the mondaytuesday phase where we saw a lot of protests and violence. We then moved into the holiday and thanksgiving and saw a downtick of violence and yesterday a different stage where we saw those dieins where demonstrators basically laid down in different malls. The galleria mall in st. Louis, also west county mall, that was also here in the ferguson area. Thats where the protesters went after. And then in the evening, the reports of protests, and those protests in the evening at the Police Department where there was some conflict there, where 16 individuals were arrested, according to the st. Louis Police Department, and then that takes us to today. This is the first weekend since the no indictment came down here in ferguson. So the question is now that weve moved past that phase of the holiday, that downtick, right, that new phase of the Holiday Shopping season where they were saying dont do not shop, an economic protest, right, as they move into today, saturday, whether as we see the temperatures here, and you were commenting earlier its going to be 10 degrees warmer today. So does that mean well see more activity tonight. And again, that activity its hard to estimate because each evening when it does happen at that right before midnight time period, its hard to tell what may or may not happen. But you asked about what might happen today and tomorrow. And, steve, theres naacp and in a matter of hours that will be kicking off that sevenday walk and protest. It will be 100 miles. It will be seven days long. I was just speaking with cornell brooks, the president and ceo. He says what their hope is here, steve, is to rewrite history and what is the understanding of what this means. The no indictment decision there of the killing of michael brown. All right, richard lui live on the ground in ferguson, missouri. Obviously keeping a close eye on that this weekend. Thanks for the update, appreciate that. Now im joined by our panel. We have Robert George of the new york post. We have coexecutive producer of the alpha house jonathan all thor. We also have mike peska with us. We got the update from richard lui there. The naacp is leading this march. I think theyre going to jefferson city, the capital of missouri. As we had in the intro there, the shopping malls and Big Box Stores across the country where protesters yesterday came in. I guess the question i have watching all of this is what are we seeing here . Are we seeing just a temporary response, frustration to the decision by the grand jury . Is it just people who want to be expressing their frustration with that . Or is this leading to something more . Is this leading to something bigger . Are we going to be seeing protests like this for a long time and are there specific outcomes that could lead to . I think thats a question a lot of people are asking. I think the initial frustration with the no indictment is understandable. If they want to try and possibly put pressure on the doj to look into it from a civil rights perspective that makes some sense. But kind of Going Forward in terms of what they want to do locally, i think thats an open question. And it seems like you say it seems like the idea of a doj prosecution here seems very unlikely to happen. The other legally speaking, the other thing is can the family do a civil suit against the officer. Im led to believe theres a little more plausability there. On this particular case i think its important that people focus on what Lawrence Odonnell was talking about on his show just before the holiday, which is that the assistant district attorneys gave the grand jurors a law about the use of lethal force that was extremely important in their decision. It basically said that, you know, Police Officers in missouri are allowed to use lethal force even if they dont feel that their lives are in danger. The problem is the law was declared unconstitutional by the u. S. Supreme court and the jurors were never told about this. So thats on a narrow thing. So we need we need to have the American Public understand that this was a true miscarriage of justice. Thats the first thing. But hold on a second. That was clarified later in the grand jury proceedings that the law was declared unconstitutional. It was ultimately clarified for the jurors . It was ultimately clarified, but late in the proceeding. What im asking is its a key point when people hear that. One question it raises, does that mean there could be the equivalent of a mistrial called here . I dont know the answer to that question but there are other things, for instance, that half of the witnesses according to this pbs chart that was done breaking down this voluminous eyewitness testimony, half of them felt that believed that mike browns arms were raised as were first reported. If you have conflicting eyewitness testimony, thats to be resolved by a trial, not in a grand jury. Ive read hundreds of pages of the documents. I remain unconvinced he should have been indicted not just because of the law. I think in many other jurisdictions he wouldnt have been indicted. He says that a man went for his gun and then he can claim that just him being within 20 or 30 feet if this guy showed he wanted to go for his gun that is potential deadly force. Most experts questioned how the grand jury was done. Its very unusual but he was allowed to do that. I think there are forms needed retraining the cops. Heres a simpler one. President obama and eric holder, they run the justice department. We have the worst statistics on how often this happens. We cant even say that this many black people are killed or this many white cops do the killing. Thats pretty simple. But the discussion, its better for the protesters if it gets off ferguson. Even though there is no such thing as a perfect victim, he really wasnt a perfect victim. If we start debating were his hands here, were his hands here, and that was the debate, it doesnt matter. The issue is real in society not just michael brown. Just to mikes point about how difficult it is to indict a Police Officer in these cases, outside of cleveland a few months ago where you had a young black man in a walmart purchasing a bb gun, legally walking through the store, somebody came in and said he was point at somebody. Cops came in, shot him dead. A grand jury was convened there and the cops were not indicted. It is very, very difficult to indict Police Officers. But that goes to the point and that was a clearer case where the person who ended up dead was basically doing nothing. Well, to me the problem i have here is it seemed clear to me when you look at the prosecutor here, this is a prosecutor who looked at this at the beginning and this could be a totally good faith conclusion on his part but he said i dont think theres a case here. I dont want to go before a trial jury and try to make a case here. At the same time, this guy acted like a politician and you could see he had the conclusion i dont want to be the guy who is standing up saying theres not going to be a trial. I dont want to be the guy saying im exonerating this officer, therefore, im going to give all of this evidence to a grand jury and use them to try to give me cover. But this idea that he threw all this evidence at the grand jury and they didnt know what to make of it, thats true because thats a prosecutor who doesnt want to make a case but also doesnt want to be the guy to stand up and say they dont want to make the case. Ive never seen that except in an instance where youre prosecuting a cop. Just to get to the larger point, i think you make a good point that we want to move toward larger reforms. To me there is one that is central and that is a vest camera on every Police Officer in the United States. The technology is available. And so we should set a goal as a nation that by 2017, 2018, every Police Officer in the United States has one of these things. This would address a lot of these problems. It wouldnt solve the problem but it would be an enormous help in these situations. What about a taser. Carry it in the car. Again, this might not have stopped that case, but if it stops one death the problem is the demonstrations are too kind of ill formed. Theyre just theyre diffuse. Theyre just kind of protesting in general, sometimes smashing windows which of course is very counter productive. Even when theyre peaceful, theyre not focused enough. Theyre expressions of frustration. Which is the cause of some urgency. But we really do need the signs up there, you know, vest cameras by 2018. Really focus it to go into the state legislatures and get this done. We have a precedent for this that president obama was involved with in the Illinois State senate which is getting interrogations videotaped, which is now quite common around the United States and has been very productive and supported by prosecutors and defense attorneys. This can be the same kind of thing. Anyway, got to squeeze a break in. When we come back, big news on the ray rice case overnight. Well get to that when we come back. 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Rowe price. Invest with confidence. Request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. Has the power to captivate. Thats why shakira uses. Crest 3d white with whitelock technology, removing up to ninety percent of surface stains, and locking out future stains. So your smile always steals the show. Crest 3d wh other big news this morning is that one of the nfls biggest stories of the year is now back in the headlines this weekend. This is because an arbitrator has now thrown out the indefinite suspension of former Baltimore Ravens running back ray rice. This means that rice can now sign and play with any nfl team that wants to sign him, if any Nfl Team Wants to sign him. Former judge acting as the arbitrator basically said that commissioner Roger Goodell went too far. In a 17page decision she said that the leagues assertion that rice misled them about his actions was arbitrary and, quote, an abuse of discretion and must be vacated. Goodell extended the suspension after the videotape surfaced, the videotape of rice punching his then fiancee, janay palmer, back in february. Palmer, who married rice after that incident, describes how she felt in a new interview with matt lauer that was taped before the ruling. Weve only seen you months after the incident. Yeah. And i cant imagine that you were that calm when you started to realize exactly what happened in that elevator. Can you describe those emotions . I was furious. We came home and we didnt talk the entire ride. Well, i didnt speak to him the entire ride home. He tried to talk to me. I didnt want to hear anything. I just knew he hit me and i was completely over it. I was done, didnt want to hear anything. I just didnt even want to entertain it, entertain him, anything that he had to say, any explanation. Of course in the back of my mind and in my heart i knew that our relationship wouldnt be over because i know that this is an us and its not him. And you can see that whole interview starting monday on the today show. This is the kind of morning where i am glad im always glad when mike is here but am really glad that youre here right now because theres twor angi two angles on one. The reasons it was lifted was Roger Goodell issued two suspensions. The arbitrator is saying Roger Goodell didnt learn anything new the second time. He just underpunished him and screwed up the first time. If people are mad and think theres an injustice because this horrible guy shouldnt be playing in the nfl, whose fault is that . Ultimately its the perpetrators fault but Roger Goodell is at fault because the first time out he gave a twogame suspension and the arbitrator had said if it had been indefinite from the start then id have no reason to say you cant have an indefinite suspension for the whole season. I also think Roger Goodell thinks hes judge, jury and executioner. Sometimes he gets it right enough theres no Legal Recourse and sometimes he gets it wrong. And in this one instance where he didnt understand the issue and didnt understand how serious it was, you can look at it like it was the one time he was being lenient but i think it was the consistent time he was being wrong. Goodell wants the process to be him, the owners want goodell to be the process and thats hugely problematic. Its another loss for goodell. And in between him giving the twogame suspension and then the indefinite suspension, he changed the discipline parameters for Domestic Abuse saying that indefinite suspensions could be an option. So it really looked like he was making it up as he went along and any arbitrator is going to find that very, very peculiar. The fact is, though, no team is going to sign ray rice with four games left. What about next year . It would be smart to have a club sign him thats not in a major media market. It would be easier on him. One thing thats interesting to me about this is however bad what he did was, he told the truth according to the arbitrator and thats kind of a good lesson. Because honesty paid in this case for him. If he hadnt been honest, if he had been even a little bit dishonest when he went in and talked to the league, hed be out now. I was reading this from the New York Times this morning and they said here are a couple of examples of players who have been through issues somewhat like this. Leonard little, defensive lineman, played 12 seasons in the nfl after killing a 47yearold mother in a drunk driving incident. Donte stallworth, wide receiver, played three seasons after pleading guilty to manslaughter in a hit and run accident that occurred after he had been drinking. Of course the michael vick situation, we all know about that. So what jonathan is saying, he did apparently tell the truth from the beginning in this. His situation with his wife, all we know is his wife is still with him and shes out there defending him. Is there a future in the nfl for him . Hes a good running back which is why i think hell be signed. There are 32 teams in the nfl and his production is on the decline. Every running back who turns 30 gets a little hurt but if you look at teams that need a running back, they say, oh, hes been away from the game. 31 teams are like how dare you and the one that does it has their fan base rally. You know, youre right, lets give the guy a chance. Lets give the guy a second chance. If he does well on the field, i dont know if all is forgiven, but in the nfl, especially with guys who arent quarterbacks, theyre all just useless pieces of meat whos there for our glory and if he can help the Arizona Cardinals get two more wins or a first round bye, Arizona Cardinal fans will accept that deal. Mike, though, actually touched upon this earlier. What the real focus is going to be on this, youre going to see the Nfl Players Association use this ruling to try to push back against goodells overall power in terms of discipline. They have been kind of itching for a fight since the last collective Bargaining Agreement and this may give them more ammunition for it. Weve been talking goodell issues and goodell status all along. It seems like the basis for this ruling raises a lot of questions about goodell. Dont think Adrian Peterson whos been indefinitely suspended, dont think that will change because its a different part of the arbitration, its a little bit technical. We shouldnt say goodell is not earning his 40 million. This is why they pay him so

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