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Ferguson Bracing for Grand Jury Decision; Flooding Fears in Buffalo; Anger in Ferguson over State of Emergency; Anger In Ferguson Over State Of Emergency; "The New York Times": Obama Extends Afghanistan Military Role; Three Protesters In Ferguson Arrested

Aired November 22, 2014 - 11:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

FREDRICKA WHITFIELD, CNN ANCHOR: Brand new video of protests in Ferguson as the community braces for the grand jury decision about the shooting death of unarmed teenager Michael Brown. That decision could come at any moment and the Brown family attorney joining us live next.

Then mountains of snow melting with nowhere to go -- Buffalo bracing for dangerous floods after being socked by record snowfall and look at the sudden warm-up heading their way.

Plus, while American combat troops prepare to withdraw from Afghanistan, the President is quietly expanding another military role on the ground there. Details on the changes -- next.

Right now in Ferguson, Missouri anxiety is mounting while we wait for the grand jury decision in the case of Officer Darren Wilson. Tensions are high but things remain peaceful there.

This is brand new video of protesters last night. Police say they converged on the streets blocking traffic several times. Three people were arrested for unlawful assembly. Right now the grand jury may be close to deciding whether or not to indict Officer Wilson for the shooting death of unarmed teenager Michael Brown. With all eyes on Ferguson, President Obama has joined the chorus of voices appealing for calm.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Using any event as an excuse for violence is contrary to rule of law and contrary to who we are.

(END VIDEO CLIP)

WHITFIELD: We've got team coverage: Jason Carroll in Clayton, Missouri, where the grand jury is deliberating the case; Stephanie Elam in Ferguson. Let's begin with you Jason, what do we know about the potential timeline of events as it pertains to the decision for this grand jury?

JASON CARROLL, CNN CORRESPONDENT: Well Fredricka most public officials out here believe that the grand jury will reach its decision soon. As of early yesterday prosecutor Bob McCullough said that the grand jury was still reviewing evidence. Also yesterday one of Michael Brown's attorneys Anthony Gray was questioned about the grand jury's decision asking, as so many people out here are asking, when he expected the grand jury to reach its decision. And he said look, it could be hours. It could be days. It could be longer than that.

The key point is that in terms of Michael Brown and what they are looking for, it is not really about when. It is what the decision the grand jury will reach -- that is what they are focused on. And of course the community reaction to that decision, whatever it may be.

WHITFIELD: All right Jason. Thanks so much. Keep us posted. So how might the family of Michael be preparing for this grand jury decision? Joining me right now, Benjamin Crump. He is one of the attorneys and a spokesman for the Brown family joining us from New York. Good to see you again.

BENJAMIN CRUMP, ATTORNEY FOR MICHAEL BROWN'S FAMILY: Good to see you Fredricka.

WHITFIELD: So are you or the family members been given any indication about what the grand jury is doing right now, how the decision will be conveyed?

CRUMP: Fredricka, only that they will inform us before they make a public announcement and that the grand jury is still doing work.

WHITFIELD: And have you also been in contact with the prosecutor's office or anyone who's giving you kind of an idea of what the grand jury is up against?

CRUMP: Well, you know, they have been meeting for months. And so they have to have time to deliberate like any jury. And so at this point you want the jury to take their time and try to vet the evidence and return their decision. So everybody is just waiting, I know Michael Brown's parents are waiting on pins and needles. Very emotional for them -- they sincerely want the killer of their child to be held accountable.

WHITFIELD: And I guess, you know a better way of asking that question is at what stage do you believe the grand jury is in? Because we've had sources that have said the grand jury is very close to a decision. But what are you as a representative of the family being told specifically about that?

CRUMP: You know, my attorney team and I, we understand the legal process. And we understand that a jury can deliberate until they come to a decision. So all the speculation and rumors, we are not swayed by that. We understand that there is a function of the court and that the jury is going to deliberate and hopefully take they're time and deliberate this very important matter that not only affects Michael Brown's family but has such larger implications.

WHITFIELD: And understandably this is very difficult for the parents of Michael Brown, as you were just mentioning. What are they going through? Especially as they hear publicly all these conversations about what people are planning depending on what kind of decision is rendered, how in the town of Ferguson which remains to be the home of Michael Brown's family, how so many have said they are boarded up.

They are treating this potential decision or the aftermath of this decision similar to how a town may be preparing for a hurricane -- boarding up, trying to protect their homes, thinking of their escape plans, et cetera. What is this doing to Michael Brown's family?

CRUMP: Well it is truly unfortunate. And they are very disturbed by people talking about violence. They were not happy with when the governor was just talking to one side versus talking to everybody as a collective community saying that we all have to be our best because this will be a defining moment not just for Missouri but all of America, Fredricka.

And just let me say very clearly, Michael Brown's parents, his family stand united in saying they want people to be peaceful. They want people to be calm. We want you to use your voice. Because they get it, everybody is frustrated about how the system continues to do our young people. And we want you to be able to be constructive.

I know his mother and father are trying to find positive things to do. Positive things in such a terrible situation, like try to have the proposal for the Michael Brown law with video body cameras raised to discussion and be talking about that. Talking about this system where the local prosecutors are sitting in judgment or police officers when they kill young people of color, talking about that.

And then remembering it is Thanksgiving, it is a time for family. They are trying to focus in on family as well. So it is very difficult for them right now with everything going on.

WHITFIELD: Michael Brown's father even part of that PSA to try to encourage calm, even though people want to rightfully protest and assemble; President Obama also calling for calm and peace.

What concerns do you have for those who have other objectives to gather? And are using this opportunity not to gather peacefully, but to plan on being disruptive?

CRUMP: It's very worrisome Fredricka because you don't want people to try to come and get attention at the risk of Michael Brown's legacy and try to do things that are irresponsible and selfish when his parents have asked over and over again we want you to be peaceful. We want you to be constructive. Don't disrespect my son's grave like this coming to the community, coming to Ferguson and doing things to disrespect where, you know, he took his last breaths.

We want to make sure people understand that if you want to support the family, if you want to be part of the legacy to Michael Brown, will you do so by getting people to be constructive. Start talking about voter registration. Start talking about how you can have a citizen's review board in your community. How you can make the Michael Brown law become reality in your city for all those people who are traveling in from out of town all across America to Ferguson. Come and watch what we're doing, take it back home and try to influence your community. This is an opportunity that we can define what we've learnt in the past three months. Nobody wants to go back to these horrific images that we saw three months ago in Ferguson, Missouri that did not look like America, Fredricka.

WHITFIELD: And Mr. Crump what are your thoughts or concerns with reports as it pertains to Officer Wilson, that perhaps if he's not indicted or if he is indicted the police chief in Ferguson says he would be fired. But there are also reports that Officer Wilson may be considering or looking into how he would resign from the Ferguson police force. What are your thoughts as it pertains to him?

CRUMP: Well we don't want to deal with speculation and rumor. When those things come to fruition, we will speak to them. The biggest thing is Michael Brown's family, and as the lead attorney for the family, we want him to be held accountable. We want him as anybody else who kills an unarmed person to be held accountable. We don't think the police officers should get any greater consideration than citizens.

You know, this is America. It is about equal justice. The American constitution should apply to everybody. And that's why we have always objected to the grand jury proceedings because we thought there was enough probable cause to indict the police officer for killing Michael Brown Jr., and why do the rules change when it is our children laying dead on the ground. So we want to see justice first and whatever happens with the police department and Officer Wilson, then we will respond to that at the appropriate time.

WHITFIELD: And Mr. Crump, again, we have a full screen. If we could bring that up because we're talking about there are four different scenarios potentially that the grand jury is considering as it pertains to what kinds of charges could be imposed -- Murder charges, manslaughter, there's involuntary manslaughter as well. And then there's the possibility of a civil suit that Michael Brown's family would be considering.

Regardless of the outcome of the grand jury decision, is the civil suit something that the family is pretty headstrong on pursuing?

CRUMP: Certainly the family is going to explore all possible avenues to get them justice. They want full justice and they deserve full justice. Can you imagine if this was your child, seven witnesses say he put his hands in the air and the police kept shooting? In America we don't have the police officers being able to be the judge, jury and the executioner. You have a court of law. And if he thought Michael Brown did something wrong, the way to deal with that is in the court of law. Not on the street of Canfield Drive.

WHITFIELD: Ben Crump, thank you so much for your time this morning.

CRUMP: Thank you -- Fredricka.

WHITFIELD: Meantime the National Guard has been called in and the governor of Missouri as we just mentioned has declared that state of emergency ahead of any grand jury decision, in an effort to prevent protests from getting out of hand.

But is that necessarily easing the fears of people there who live there? CNN's Stephanie Elam is on the ground in Ferguson where people are waiting and they are worrying.

(BEGIN VIDEOTAPE)

STEPHANIE ELAM, CNN CORRESPONDENT: The closer the grand jury decision on the fate of Police Officer Darren Wilson gets --

UNIDENTIFIED FEMALE: The uncertainty is beyond difficult.

ELAM: -- the more anxious many in the St. Louis area grow. This woman grew up in Ferguson and moved back here to raise her family. Her concern is less about whether or not Wilson will be indicted for the shooting death of 18-year-old Michael Brown in August but more about the reaction that follows.

UNIDENTIFIED FEMALE: If there is peaceful demonstrations that is fine. But to have the violence that we've had and from people that are outside of Ferguson in the name of Ferguson, no we don't like that.

ELAM: You don't want to show you face on camera. What is your fear behind that?

UNIDENTIFIED FEMALE: My fear is my family's safety.

ELAM: In the days after Michael Brown's death unrest paralyzed Ferguson and led to months of demonstrations in the St. Louis area. Now, businesses here are boarded up, hoping to avoid destruction if protests once again spin out of control.

Schools in St. Louis County are setting up contingency plans if the decision comes while class is in session; the Jennings School District making the call to extend the Thanksgiving holiday to last the entire week. Some churches are ready to assist protesters and residents affected by potential rioting.

REV. TRACI BLACKMON, CHRIST THE KING UNITED CHURCH OF CHRIST: To awaken a sleeping community to issues that need to be addressed that have always been there I think is a great legacy.

ELAM: Reverend Traci Blackmon says the fissure in Ferguson goes beyond black and white.

BLACKMON: Both sides love Ferguson but one side wants to be embraced and have all of the rights and all of the benefits that both sides should have. The other side is able to live in oblivion to that if they so choose.

UNIDENTIFIED FEMALE: I think it is a tragedy that that young man was killed. But I think that he's given up his life for a greater good that is going to make Ferguson better. Our consciousness is being raised into doing things that are more inclusive. ELAM: Meanwhile President Obama joined Attorney General Eric Holder

and members of the St. Louis community in a call for peace no matter what the grand jury decides telling ABC News:

OBAMA: Using any event as an excuse for violence is contrary to rule of law and contrary to who we are.

(END VIDEOTAPE)

WHITFIELD: Stephanie Elam back with us now, live. So Stephanie, you know, hearing the concerns of people very strong in your piece. But I wonder are many people opting to leave town because of the unknown?

ELAM: We haven't talked to anybody Fredricka who said that they were leaving town because of this. I have head people say that. But the other thing you've got going on is it is Thanksgiving week. So people may have been leaving anyway. It is interesting to talk to different people here and you do get a sense of a different tone when you talk to black people or when you talk to white people. The fears there are different.

A lot of the black people I talk about said that they were worried. They're concerned but they're not worried about what is going to happen here in Ferguson. Everyone expressing to me that they love their town while others are worried about what is going to happen to them personally. So a different tone there but in general talking to protesters no one really thinks that Officer Wilson is going to be indicted so that what brings them fear.

WHITFIELD: All right. Well, that underscores a great point. The contrast of the feeling that people are fearing about what will happen to the town versus the fear of what would happen to them. All right.

Stephanie Elam, thank you so much, there in Ferguson.

All right. Coming up: a standing ovation last night for this man right here, Bill Cosby, despite all the mounting sexual assault allegations against him.

And then on to something else that's mounting, snow. But those mountains of snow, guess what? They are melting with in some cases nowhere to go. Alexandra Field is live in Buffalo.

ALEXANDRA FIELD, CNN CORRESPONDENT: That's right Fredrick. The governor of New York Andrew Cuomo is warning that this area could see worse flooding than it's seen in a very longs time. We'll tell you what's being done to prevent some of the damage, coming up after the break.

(COMMERCIAL BREAK)

WHITFIELD: Flooding fear rising as Buffalo braces for seven feet of snow to melt as temperatures spike now. The deadly snowfall is now blamed for 13 deaths, the latest a 68-year-old man who died from a heart attack while clearing his driveway. But with temperatures rising, the entire region is now under a flood watch as rain and warmer temperatures set in.

Alexandra Field joining me. Alexandra, what are residents doing? And what can they really do in this kind of situation?

FIELD: Yes. They are trying to do everything they can possibly do. I mean you look around here, you can see that there's so much snow still being piled up. They've been coming through, they've been plowing. They've been building these snow banks but when it comes to the home owners, they are doing that kind of work up on the roof. This is something that we're seeing all over the neighborhood.

Look, this is tough work. It is also -- it's not an easy job to do and people are trying to do it safely but it is incredibly essential at this point. And that is because following all this snow that's been dumped here in the buffalo area, we're just starting to see a little bit of rain come in. We're told there's more rain in the forecast and then some warmer temperatures.

The issue with the rain right now for these people who are up there shoveling is that it's going to make the snow so much heavier and people are really concerned about their roofs that got several feet of snow and get piled up on those rooftops.

We've seen a number of roofs collapse in the area. A couple of dozen in the last couple days so people are getting out while they have time before more rain comes and before this starts to melt and try to get this snow out of here.

At the same time the state is making preparations. The governor saying that this area could see more flooding than it has seen in a very long time. So they're bringing in a lot of apparatus and a lot of manpower to try to minimize the damage we could possibly see -- Fred.

WHITFIELD: And with all that snow still in place it's so hard to imagine how people are actually getting around. But I understand they have swift water rescue teams that are at the ready. They have got a lot of emergency crews that are out there just in case people do try to venture but then get in trouble?

FIELD: That's right. They have helicopters that they have brought in. They're bringing in sandbags. They've brought in this high axle vehicles that can go into areas where there is water. We've been told that, you know, some low-lying areas could see five to six feet of water. So they really want do everything they can do outside. They've been clearing these roads so that they can bring in this equipment and so they can bring in the personnel to be here once the snow problem becomes water problem. WHITFIELD: Yes. Ok, Alexandra Field, thanks so much there in

Buffalo.

Well just back from Buffalo, our Jennifer Gray now in studio.

So lots of snow when you were there -- still a lot of snow. I know it's hard to imagine when there was going to be a possible warm-up that you would have this kind of melting snow and this kind of potential danger. So paint a picture for us about how much higher these temperatures will get.

JENNIFER GRAY, AMS METEOROLOGIST: It's amazing to think that we were there. And just yesterday temperatures were in the teens and 20s and now by Monday we'll be at about 60 degrees. You have that much snow and then it is going to start melting rather quickly. I mean we're going to see temperatures a 40 today, 47 tomorrow. It's going to gradually get up there but still it's a lot warmer than we have been and temperatures will be well above freezing.

Adding to that, you do have that rain component and that is just going to add extra weight to what is already on those rooftops. So we're going to have the snow melt, we're going to have the warmer temperatures and then we're going to have the rain. And the rain is already pushing in. We'll see another round of rain late Sunday night into Monday.

We're not talking about huge amounts of rain. We're talking about maybe less than an inch, inch in some places right around the Buffalo area. But we are talking about the snow melt when you add to that. So there is going to be a lot of water that's going to try to drain at one time. That's why we have a flood threat -- that flood watch in effect, this is for Sunday evening all the way through Wednesday.

And here is your five day forecast. We'll see temperatures in the 40s up to 60 degrees if you can believe it, Fred by Monday -- warming quickly.

WHITFIELD: Oh my gosh.

GRAY: It feels Balmy.

WHITFIELD: All right. Thanks so much Jennifer, appreciate that.

All right. Now we're going to focus our attention, again on n Ferguson, Missouri. That city is bracing for the potential after the release of a grand jury decision. But one state senator says the governor's actions are also fanning the flames of mass hysteria. She explains why next.

And later, for months Republicans have claimed the White House has been hiding information about the attack in Benghazi, Libya. Guess what, a report that may have Republicans changing their tune.

(COMMERCIAL BREAK)

WHITFIELD: A state of emergency is in effect right now in Ferguson, Missouri. Governor Jay Nixon says he needs to make sure the state is prepared to handle any unrest that may break out after the grand jury decides whether to indict Police Officer Darren Wilson for killing Michael Brown.

My next guest says the governor needs to withdraw that state of emergency. Jamilah Nasheed is a Missouri state senator. Good to see you Senator. You were with us just last week. Why is it you believe the governor needs to reverse that decision? JAMILAH NASHEED, MISSOURI STATE SENATOR: Well first and foremost,

thanks for having me on. I do believe that he needs to reverse that decision because we're not in a state of emergency. That was way too premature. According to out state statue it has to be an actual occurrence when it comes to a natural disaster or human disaster and we have none o that.

The people that are protesting now they are extremely peaceful. And that's what we've been pushing throughout the last three weeks. Peaceful protests, letting the protesters know that it is ok to protest and it is ok to be angry but it is not ok to destroy and damage property. It is not ok to burn down businesses and things of that sort. So I think it was just way too premature and it heightens the anxiety level within the city and there was no need for that.

WHITFIELD: So when the governor uses the protests in what took place in August shortly after the killing of Michael Brown as an example to justify the state of emergency, meaning there were businesses that were damaged, burned -- there was violence. And he uses that as a reference point in which to impose this state of emergency, you say even that is not reasonable?

NASHEED: Well, you are violating the constitution. Now I'm not saying don't prepare for the unseen. What I'm saying is there was no need for the state of emergency and it was unconstitutional and the manner in which he did so. And we're asking everyone else to follow the law. He should follow the law.

WHITFIELD: Do you feel like this is intimidating to those who do have the intent of gathering peacefully as a result of the decision to see that there is a state of emergency imposed, to see the heightened police presence that that is intimidating?

NASHEED: I think it is insightful. I think that, you know, individuals can look at that and become extremely angry, how dare you call for a state of emergency? Do you know something we don't know? It's what many of those protesters may say.

WHITFIELD: OK, in the meantime, you do live there. You know that community, that neighborhood. You know the people who live there. You are a resident yourself and so give me an idea what is the feeling of the general populous in terms of if their worries are, they are worried about their town.

They are worried about themselves personally, their safety, their worried about the message that is sent. Regardless of what the decision is, what are the concerns specifically?

NASHEED: Well, a lot of people are worried that there will not be an indictment from the grand jury and they are extremely concerned about that. Because many of them feel like that we had a young unarmed African-American black man, who was gunned down because he was in the middle of the street.

And we just had that same situation occur last night where you had a young unarmed black man gunned down in New York. So we have a very serious, systematic problem that's not just plaguing the city of St. Louis and in Ferguson.

This is a problem throughout the country where you have law enforcement officers that are afraid and fearful of young black men and they are pulling out their guns and shooting them down and kill them each day and every day.

So we have to begin to realize and figure out what is the solution. And I think that the solution moving forward in the city of St. Louis we have to start the healing process.

And we have to begin to open up the dialogue with law enforcement and community to figure out how we can stop a lot of the senseless killing when it comes to law enforcement and even black on black crime.

WHITFIELD: And while I hear you talk about the healing process that needs to happen and we've been talking to a number of people in Ferguson, who are talking about their concerns about safety and how they didn't feel that way necessarily that the problem between the black community and the Ferguson police has been a consistent problem in terms of trust problem there.

But there have been a lot of people who have said they felt particularly safe there until all of this took place in August. And you yourself had a very close call last night being held up by gunpoint.

The story you were just telling me before the break. Do you feel that what happened to you last night is any way related to the tone or the tenor that has changed in Ferguson as a result of what happened in August?

NASHEED: No, I don't. It was just a random sense of -- act of violence. And I was like the seventh person this week, where individuals came out of their cars and put a gun up to individual's heads. So we have a serious problem that we need to deal with.

I just think at the end of the day our community is suffering, mentally and spiritually and we have to begin to heal. And I am not angry. I think that I have a lot of work to do as a senator. So we can change the conditions and apply to the people in the city of St. Louis and the district that I live in.

Again we're going to have peace moving forward. No matter what the grand jury verdict may be. I think at the end day, you are going to see peaceful protests. You are not going to see a lot of violent protests here in the St. Louis area.

You are not going to see the burning of businesses. You are going to see the city of St. Louis rise one resilience and continue to push for justice and equality here for African-Americans who are indigent and who are being mistreated.

WHITFIELD: I'm so glad that you are OK after that very close encounter last night. But you definitely -- you had a few choice words for that person. Do you believe they knew that you were a state senator? NASHEED: I don't think so. I think that -- you know I'm not exempt. We are living in a community where you have extreme poverty and individuals are just extremely hopeless. They don't care about life and they don't care about taking the life of others. And I just don't believe that he knew who I was. I was just there at the right time for him, to inflict that type of mental strain on me.

WHITFIELD: All right. Well, you are remarkable. Thank you so much, Senator Jamilla Nasheed. Thanks for being with us and thanks for enduring what you endured last night, a gun to your head, someone who demanded something from you. What did he demand exactly?

NASHEED: Well, I had my purse in my hand with a bag and my soda for my little kid. And he got out of the car and said give me your keys?

WHITFIELD: And then you said, I'm not giving you anything.

NASHEED: I said I'm not giving you anything. He said if you don't give me your keys I'll kill you. I said, well, do whatever you have to do. And he backed up and he walked away, and got back in his car.

And I don't know if that was the right thing to say, but I was really angry and I spoke out of instinct. It is just unfortunate. And again our children, they need help. I mean, they are hopeless. They don't have a sense of spirituality and the parents are not there.

You have 15-year-old kids who are raising themselves. Their mothers may be 30 years old, smoking weed with him, hanging out on street corners with him.

So we have a very systemic problem in the African-American community when it comes to poverty and things of that sort. So we have a lot of work to do. I'm going to roll up my sleeves and continue to do what I need to do to try to change the conditions that are plaguing the indigent communities.

And continue to pray for peace throughout this trying time with the Michael Brown verdict. Again we have to push towards a peaceful resolve. There is no reason to destroy property, to burn down businesses.

We have to fight on a state level and I have to fight by way of policies. I'm looking at legislation right now that is going to change the way we do business when it comes to special prosecutors.

WHITFIELD: OK.

NASHEED: I'm working on a piece of legislation that will call for a special prosecutor when you have a police involved killing or shooting.

WHITFIELD: All right. State Senator Nasheed, thank you so much. That's a lot of work indeed and I know the people in the community appreciate that you are committed to roll up your sleeves as you put it and get to work. Thanks so much for your time. Appreciate it. Coming up, while American combat troops prepare to withdraw from Afghanistan, the president is quietly expanding another military role on the ground there. Details on that next.

(COMMERCIAL BREAK)

WHITFIELD: The U.S. military's role in Afghanistan will be extended next year despite President Obama announcing a troop draw down. According to the "New York Times" President Obama had signed an order authorizing a more expansive mission for troops in Afghanistan.

Joining me right now is CNN military analyst, Retired Colonel Rick Francona and at the White House, CNN's Erin McPike. So Erin to you first, help us understand what this means.

ERIN MCPIKE, CNN CORRESPONDENT: Well, Fred, first, we want to be clear that this broadens the options that U.S. troops have. It is not a big new military campaign. It's not some sort of big, new offensive. If essentially the Taliban or another group threatens troops or Afghan troops then U.S. troops can carry out missions against them.

Now you may remember back in May in the Rose Garden when President Obama announced that he would be winding down the U.S. troop presence there. He said there two remaining objectives.

The first was to train Afghan forces and the second was to conduct counterterrorism operations against the remnants of the al Qaeda. This morning, a senior administration official provided a statement to us that explain what is left and what is part of this new expanded role.

Saying as part of this mission, the United States may provide combat and enabler support to the Afghan national security forces in limited circumstances to prevent detrimental, strategic effects to these Afghan security forces.

That official goes on to say so while we will no longer total belligerence solely because they are members of the Taliban to the extent that Taliban members directly threaten United States and coalition forces in Afghanistan or provide director support to al Qaeda. We'll take appropriate measures to keep Americans safe.

And what we're also hearing from the White House and other administration officials is that they learned a lesson from the decade-long campaign in Iraq that shutting the lights s off in Iraq really didn't work and created the conditions for groups like ISIS and Khorasan to be created and they don't want the same thing in Afghanistan -- Fred.

WHITFIELD: All right, so Colonel Francona, let me bring you into this. I wonder a more simplified of saying this, meaning simplified from the White House even though we understand this was kind of a quietly approved plan, that there is going to be military reinforcement to better secure the counterterrorism troops or personnel that are already there. LT. COL. RICK FRANCONA (RETIRED), CNN MILITARY ANALYST: That is exactly right. What the president originally wanted to do was to remove American combat forces and leave the training and advisory mission, much like we did in Iraq.

And I think everybody's concern now having seen what we saw happen to the Iraqi Army, we don't want the same thing to happen to the Afghan Army when the Taliban does attack them and they will.

So what the president is authorizing now is the continued combat operations and I think that is the bottom line here, continued combat operations, not just advising and supporting. It's a smart move and what the Pentagon has been pushing for.

I'm just a little concern that the numbers. If he continues to draw down the numbers from where we are now down to about 9,000 that is really not a whole lot of combat force.

So we're going to see a lot more American air power being used to replace troops on the ground. It is definitely a change and I think it's a welcome change.

WHITFIELD: It looks like that, I guess, that policy or what has been approved by the president does say there would be more air support involved. Colonel and Erin McPike from the White House, thanks to both of you for helping us collectively understand what this means. Thanks so much.

All right, as the Ferguson grand jury weighs possible charges, we'll bring in our legal analysts and ask if law enforcement in Ferguson has been compromised no matter what the outcome.

(COMMERCIAL BREAK)

WHITFIELD: Right now in Ferguson, Missouri, anxiety is mounting while we wait for the grand jury decision in the case of Officer Darren Wilson. Tensions are high, but things remain peaceful. This is brand new video of protesters last night, people gathering. Police say some converged on the street blocking traffic several times however.

Three people were arrested but for unlawful assembly. Right now the grand jury may be close to deciding whether to invite -- indict Officer Wilson for the shooting death of unarmed teenager, Michael Brown.

Let's get more analysis on the situation in Ferguson and the real legal ramifications here too. Let's bring in CNN legal contributor, Lisa Monet Wayne. She is a former Colorado State public defender. Good to see you and -- and she now has her own practice.

Also joining me is CNN legal analyst, Mark O'Mara. Good to see you as well, Mark. So let's talk about the phases in which this grand jury might be in.

Mark to you first, how long generally does it take when we have sources who say it is imminent at any moment a decision could be rendered? What is really meant by that?

MARK O'MARA, CNN LEGAL ANALYST: Well, you know, it's artificial because we're really hoping that we're right that they are in the final stages. It seems as though they are because they seem to have finished all the witnesses.

We know from outside sources the governor with a state of emergency, which I think was a mistake but he did. The federal government is beefing up security around federal office buildings. Now the schools have just been announced to be closed on Monday.

So we are getting all this periphery information that's telling us it's imminent. But I'll tell you, if that jury still has questions and wants more time to deliberate that is up to them. Not anybody outside that room.

WHITFIELD: And then Lisa, is a message being sent by the message that is being sent by the governor, having this state of emergency, school districts are closing their schools, ahead of the holiday break. Does that send a message that a decision will be rendered momentarily, at any moment, maybe even this weekend, and that it's a decision that a lot of people are not going to like?

LISA MONET WAYNE, CNN LEGAL CONTRIBUTOR: I think that's what we're all assuming and shutting Down the schools, I'm not sure what why you would be doing that. But you make everything, you start ratcheting it up when you start saying, we're having an emergency, we're shutting down the schools, we're bringing in the feds.

I mean, I don't know what the purpose of all that serves, ultimately, but this is an unusual situation and people really don't know how to proceed. So, in hindsight, there are going to be a lot of people saying, you shouldn't have done certain things. But it sounds like we're close to a decision.

WHITFIELD: And then, let's go over, if you don't mind, Lisa and Mark, the potential decisions. If indicted, these are the potential scenarios. It could mean murder, it could mean manslaughter, involuntary manslaughter, there could be a civil suit imposed by Michael Brown's family, and that's regardless of what kind of decision comes from the grand jury.

So Mark, help us understand the elements that would have to be included for this grand jury to decide it would be murder, it would be involuntary manslaughter. What would be the differences in terms of how to read the eyewitness account, how to read the evidence?

O'MARA: First-degree murder is premeditated design. Meaning that Wilson had an opportunity to think about killing Mike Brown and then decided to do it, that's first-degree premeditated murder. Without that, the killing of another person does not justified, what they call second-degree murder.

That just means that you did it, but you had no basis to do it. That's an imperfect self-defense argument. Below that is involuntary manslaughter, where you did something outrageous, almost, something that caused a death.

And involuntary manslaughter, something that's reckless, you should be responsible for your actions because you shouldn't have acted that way. Over and above all of that is this whole concept of self- defense.

I think the grand jury is looking at it and saying, did Wilson have the right to shoot? Was he in reasonable fear of great bodily injury? If they believe that, no indictment. If they don't believe that, they'll go down that list to decide, how culpable or responsible he was for a non-justified shooting.

WHITFIELD: And then Lisa, do you feel as though the grand jury is hearing eyewitness accounts, evidence that differs from what the public has already heard? Because you hear people in Ferguson and beyond who feel like they have made a decision based on what they learned of through news reports and et cetera.

And the feeling is, everything has been, you know, put out there. Do you believe, instead, there is evidence and information that perhaps the general public just don't know that this grand jury has had to weigh?

WAYNE: Absolutely. I mean, that's the whole secrecy issue is it's not transparent so we're speculating. We're out here, emotions are running high. People really don't know what's going on in the sterility of the grand jury room.

So I think there's a lot of evidence that we don't know. But the good thing is, there are going to be transcripts and we will know. And we'll know how they reach that decision and hopefully, that will help, you know, get rid of the flames here of emotion and know the truth of what really happened.

WHITFIELD: All right, Lisa Monet Wayne and Mark O'Mara, thanks to both of you. We'll see you a bit later on this afternoon as well. Appreciate it. We'll be right back with much or the newsroom after this.

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WHITFIELD: All right, we're following the latest out of Ferguson, Missouri, as people await a grand jury decision. And the big snow melt in Buffalo, New York, all of that straight ahead in the newsroom.

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