Return to Transcripts main page

New Day

Tense Protests In Ferguson; American Beheaded By ISIS; Attorney General Heading to Ferguson

Aired August 20, 2014 - 06:00   ET

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

CHRIS CUOMO, CNN ANCHOR: Good morning. Welcome to NEW DAY. It is Wednesday, August 20th. We have breaking news in Ferguson. Tensions certainly remain, but the protests stayed largely peaceful here overnight.

And that, as they say, you have to take progress, Kate, where you find it, and last night, there was progress. It's not ideal here. It's not normal, but it was better.

KATE BOLDUAN, CNN ANCHOR: An excellent point, Chris. We're also today going to be examining what's going to be happening on the ground in Ferguson today, and new developments in the investigation.

We're going to speak with people who have worked with Attorney General Eric Holder as he heads to Ferguson, but for now let's get more on the protests overnight, the progress being made. Chris is on the ground -- Chris.

CUOMO: The investigation matters on the ground as well, Kate, because this is a distraction to police and investigators who are trying to look into the facts of this situation so the more calm there is, the more focus there can be on finding answers.

We do know that 47 people were arrested, some of them for threatening. That was what was said last night. In terms of the description of why this happened, but certainly no shots fired. That's huge.

Captain Ron Johnson notes a change in dynamic saying this may be a turning point, but this turning point did not come easily. Police did have to respond forcefully several times. Most notably after a small group of what's being called agitators lost control.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: You need to get back. You're risking people's lives.

CUOMO (voice-over): Like so many nights before, Tuesday in Ferguson quickly overcome by chaos.

CAPTAIN RON JOHNSON, MISSOURI HIGHWAY PATROL: The agitators, the criminals embedded themselves and hid behind media and began throwing bottles. They threw urine on officers, and that's what caused officers to take action and begin to make arrests.

CUOMO: Today began with high hopes that this night would be different.

UNIDENTIFIED MALE: Protect and cover every peace officer that you would protect and cover every protester.

CUOMO: Clergy and community leaders praying, working towards keeping the peace. We see smaller crowds and a smaller police presence. Peace, a possibility.

(on camera): It's almost 8:00 local time, and it's not that night of quiet that the local officials asked for. People are here. Here's the scene. It's peace full and quiet from the light down here at Ferguson Avenue all the way down to the other side.

At the end of this block, that's where protesters are allowed to be. As you can see the streets are lined. People are marching, more protests planned, but just listen to this. That's the sound of peace and quiet in Ferguson. Hopefully it lasts.

(voice-over): Just east of the main strip a striking scene at site of the shooting, the first night of peace here in nearly two weeks. No other media around. It's now about 9:00 p.m. local time. We left the main street where there is protesting going on to come here, site that's driving all the emotion.

(on camera): This is where Michael Brown was shot and killed by a police officer. It has also been the site of a lot of screaming and demonstrations and violence, but tonight it is quiet, just slow drive byes and solemn moments for people in this community.

(voice-over): As the night wears on --

UNIDENTIFIED FEMALE: I want to hear one police officer say that something like that, killing someone execution style is wrong.

CUOMO: Voices rise.

UNIDENTIFIED PROTESTER: What do we want?

PROTESTERS: Justice.

UNIDENTIFIED PROTESTER: When do we want it?

PROTESTERS: Now.

CUOMO: But tension remains low.

PROTESTERS: We're all Mike Brown. We all Mike Brown.

CUOMO (on camera): It's now 10:00 p.m. local time. The marchers are still marching, chanting we are Mike Brown. Chanting no justice, no peace, but as you can see a very different mood from last night. The night is not over yet, but 10:00 and all is if not quiet peaceful.

(voice-over): Over the next couple of hours, small altercations.

UNIDENTIFIED MALE: Show me state. CUOMO: But still overall calm. Peace marchers even creating a human chain, black and white, hand in hand.

PROTESTERS: Hands up. Hands up!

CUOMO: Attempting to block out agitators, but soon after the clock strikes midnight, one water bottle shatters the peace. CNN's Stephanie Elam on the scene.

STEPHANIE ELAM, CNN CORRESPONDENT: It got very tense when people stopped walking in a circle, and they were standing in the parking lot, and police lined up on one side. A water bottle was thrown, and that let go of all of the tension that we have felt out here.

People started running. They started running this way, and at that point, we started seeing military people, like the military advance almost, coming down the street this way.

CUOMO: Tactical teams swiftly rush in. Arresting a handful of people. Police with canines at the ready and others armed with pepper spray.

UNIDENTIFIED MALE: Open up.

CUOMO: Scenes of confrontation as police push demonstrators out.

UNIDENTIFIED MALE: We don't have rights over there. We don't have rights over there.

(END VIDEOTAPE)

CUOMO: And yet given what's been going on here since August 9th when Michael Brown was shot, you have to see it as at least it was somewhat better, but obviously life here not what they want it to be by any stretch.

Let's bring in Chris King. He knows the community very well. The managing editor of "The St. Louis American," local paper and also community organizer. You know what's going on here. How did you feel about the change in mood, the change in "tactics," in quotes, and the results of last night?

CHRIS KING, MANAGING EDITOR, "THE ST. LOUIS AMERICAN": You still have the militarized police presence, and you still have questionable approach to policing of the situation, but what happened last night was reflective of what happened the night before, which is a whole bunch of people got arrested who were from elsewhere and not here for any good so community had more of a chance to be itself and express itself.

CUOMO: So you believe last night was somewhat of a vindication of this outside agitator theory because a lot of people don't buy it. They think it's a cover story for local people acting out and doing bad things.

KING: Well, the numbers of people that were arrested from other places was significant. I mean, there are people here, like in any city anywhere that will disagree and cause trouble if they congregate large numbers, but I certainly believe last night was more peaceful because more people were arrested from outside of the community the night before.

CUOMO: When you're looking for significance, what does it mean? Obviously, the standard we're looking for is not every night nobody gets shot. Did I make too much of what happened down in Canfield? To me not having any media presence there, not having any violence going on, no police presence at the site of the shooting to me seemed very different.

KING: You know, in a way I think that the military presence of the police, we end up covering this like we're scoring a game, how much violence there was. We're losing sight of the mission of the whole thing, which was to bring justice to an unexplained death when there's been no charges brought at this time.

And I think covering a bottle breaking in the parking lot and people running around, that happens in every town in the country. That's really not news.

CUOMO: The population here, elected officials here. Hadn't seen that that much. They were moving people around and calling people constituents, the clergy very activated, the peacekeepers.

KING: And they have been here. That's a community group and community movement really. There is a lot of citizen policing going on behind the lines and also on the front. The peacekeepers were very key to cooling that down. I think not letting the police change the tone of events.

CUOMO: Now the other shooting that happened yesterday. It's easy to dismiss it. The man was supposedly deranged. He had a knife and charged officers with a knife. This is what happened. But they are like 250 people there very quickly and they were very upset.

And the called night of quiet, you have to remember the local government asked for a night of quiet, nobody on streets. That went away with that shooting, fair point?

KING: It did. It's a death. It's a police shooting, but the quick mobilization of the community to support it showed that we are organized as a community, and we care about each other. We're trying to figure out what's going on as fast as we can.

CUOMO: You're seeing positive change right now. You're saying there is a dynamic in place here that you haven't seen before. What is it?

KING: Well, it's the movement that was created and it was strengthened by the antagonism we received from the police force. It made us stronger, and --

CUOMO: You said you were making phone calls. What are you hearing now in the community that you're not used to? KING: Yesterday everyone would call each other. Well, I'm in a meeting, need to talk to you about something and I'm already meeting about that, thinking about the same thing especially making the peace, making deals, trying to get people to sit down and ultimately get the kids back in school.

Some people are ready to move forward and some people are ready to stand up and holler. The attorney general is coming today, and there will be some meetings behind closed doors.

CUOMO: Do you see that as big, unusual for the AG himself, Eric Holder, to go on scene and you know, kind of in part and conduct an investigation himself.

KING: The publisher of "The St. Louis American" told me keep the front page open for the attorney general, I don't care how late it is. We'll keep the front page open until we have the story and the picture. So my boss thinks it's huge.

CUOMO: But in terms of how the community is reacting to that, that there is a federal independent investigation, a third autopsy that's been done. There's a grand jury that's supposed going to be presented with evidence here on local level, by the local prosecutor. Is that at all acceptable?

KING: Well, the way the prosecutor handles the grand jury is very telling. We're told he's going to introduce the shooter as a witness and give a bunch of testimony at the grand jury, questionable move. I don't know who will actually be leading the prosecution.

There is a lot of effort behind the scenes to change that. The governor and McCulloch released duelling press statements last night that made it sound like the status quo was in place. But in politics often what they is not what happens. So I think something different might happen than what we're told will happen.

CUOMO: That is something that is true all over the country as well. Hopefully we continue to see progress here. I know you'll let us know what's going on in the community. Chris King, thanks for being with us.

You know, Kate, something to prepare for here now. The investigation is important and moves forward, but not only is this about whether or not the officer gets charged, but if the officer doesn't get charged, if his story is believed, what does that mean for the other man who was there that night with Mike Brown?

Because if the police officer story is true he may have been part of an assault. What would the community make of that? No charges for the officer and maybe charges for another black youth. That would be something also. We'll have to follow that part of it.

BOLDUAN: Absolutely. Now the focus can turn to that investigation though since there is some semblance of peace in those developments overnight. Chris, thanks so much. We'll get right back to Chris in just a second. Let's turn now to new developments in the battle against ISIS militants. Horrible new video has been released by ISIS. It appears to show the beheading of a kidnapped American James Foley. These are still images that we're only showing of his final moments.

We're not going to show you the video or anything even close to what the full video shows. The extremists say the vicious killing is payback for U.S. air strikes against them in Iraq. And now they are threatening to kill another captive American if the air strikes do not stop.

Let's get straight over to Pentagon correspondent, Barbara Starr, following all of the latest developments for us. Barbara, it's horrible to watch, and that's an understatement, but what are you hearing from your sources about this and the impact of this video?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Kate, good morning. Just a short time ago now, the British foreign secretary weighing in on all of this, expressing a good deal of concern because on that tape the executioner, the murderer of James Foley, appears to have a British accent.

Intelligence services on both sides of the Atlantic now working to try and identify his murderer, the friends and family of James Foley remembering his life and his career as a journalist.

(BEGIN VIDEOTAPE)

STARR (voice-over): The ISIS video is simply too horrific to show. The man being executed by beheading is James Foley, a freelance journalist kidnapped in Northwest Syria on November 22nd, 2012, Thanksgiving Day.

ISIS, the brutal militants, rampaging through Syria and Iraq, say they killed Foley in retaliation for U.S. military operations in Iraq. Foley, a freelance photojournalist from New Hampshire, reads a message denouncing the U.S. presumably written by his captors.

He says America is his real killer and then Foley is murdered. The Obama administration said they are working to authenticate the video, adding if genuine, we are appalled by the brutal murder of an innocent American journalist, and we express our deepest condolences to his family and friends.

And the family of Jim Foley released a statement late Tuesday night that reads in part, "We implore the kidnappers to spare the lives of the remaining hostages. Like Jim, they are innocent. They have no control over American government policy in Iraq, Syria or anywhere in the world."

Another American journalist is shown at end of the video, the executioner speaking with an apparent British accent threatens to take his life if President Obama doesn't stop air strikes in Iraq.

Sotloff kidnapped on the Syrian-Turkish border has worked as a contributor to "Time" magazine. No one knows how many thousands of Syrians and Iraqis have died at the hands of ISIS militants. Across their stronghold in Northern Iraq, cold-blooded mass killings of Iraqi men, women and children.

REAR ADMIRAL JOHN KIRBY, PENTAGON PRESS SECRETARY: We do have information that they continue. These kinds of deprivations and crimes against humanity, no question about that.

STARR: After dozens of air strikes against ISIS positions across Northern Iraq, the group may feel pressure, but there is no sign it's abandoning its violence and horror. ISIS has some 10,000 fighters. It's now a group the U.S. intelligence community calls a credible alternative to al Qaeda with aspirations to attack the United States.

(END VIDEOTAPE)

STARR: According to the United Nations, there are now more than 1 million Iraqis alone displaced by ISIS on the run from that militant group -- Kate.

BOLDUAN: Amazing, and that happened so fast as well when you speak about that all relatively. Barbara Starr at the Pentagon for us. Barbara, thank you so much.

A lot going on. A lot going on here at home, but a lot going on as we talk to Barbara in that region and all around there.

MICHAELA PEREIRA, CNN ANCHOR: All around the world. Unfortunately, that cease-fire that we've been watching, the tentative one in Israel and Gaza seems to have broken.

Overnight violence erupting once again in Gaza, all but shattering hopes for a lasting cease-fire agreement. Israeli air strikes have reportedly killed now 14 people, wounding more than 100 others after Hamas launched more than 70 rockets at Israel.

The two sides have been launching attacks since a cease-fire broke down Tuesday. The talks for peace in Cairo fell apart shortly after when Israeli negotiators were ordered to return home.

Back here at home, a hostage standoff this morning in a Chicago suburb. A pair of gunmen have taken two adults and six children hostage in a Harvey, Illinois, home. Tuesday afternoon four of the children, including a 1-year-old, have been released.

Police are now negotiating for the release of the remaining hostages. Those suspects barricaded themselves in the house after shooting and wounding two officers who responded to a burglary call. We're going to bring you the very latest on this ongoing situation as it develops.

A defiant Texas Governor Rick Perry calling abuse of power charges politically motivating and vowing to fight them in court. Perry was fingerprinted, even had his mug shot taken when he was booked on two felony charges. Prosecutors allege Perry abused his power by vetoing funds for a state public integrity unit when the D.A. running it refused to resign following a drunk-driving conviction. Doctors in Sacramento have isolated a patient who may have been

exposed to the Ebola virus. Samples of the patient's blood have been sent to the centers for disease control for testing now. It's unclear how that patient may have been exposed. In the meantime, a New Mexico woman who traveled to Sierra Leone, she is also in quarantine awaiting results of testing to see if she has the virus.

In Liberia, the ministry of health says three health care workers who received the drug ZMapp, they are showing signs of recovery, which is very promising news.

BOLDUAN: From showing signs of promise, for sure, but not helping nearly enough to help everyone who's affected.

(CROSSTALK)

BOLDUAN: At this point. That's right.

Coming up next on NEW DAY, Attorney General Eric Holder is heading to Ferguson today. We're going to look at federal investigation and the legal road ahead in the Michael Brown case.

PEREIRA: We're also going to take you back to Ferguson. We're going to go live. Chris had an opportunity to speak to local religious leaders about their role, a very important role, in trying to stop the unrest and the violence there on the ground in Ferguson.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back.

Calm in Ferguson this morning after mostly peaceful protests briefly took a hostile turn overnight. And today, U.S. Attorney General Eric Holder will be holding to Ferguson pledging a full and fair investigation into the shooting death of Michael Brown. His visit comes amid calls for the St. Louis County prosecutor Robert McCulloch to step down because there are concerns that he isn't able to be or he won't be impartial in his duties.

Let's dig deeper into all the facets, especially of the visit of Eric Holder with Paul Callan, a CNN legal analyst, as well as Mo Ivory, attorney and radio personality.

Good morning once again, guys.

A lot -- a lot going on day by day in this. I think that's good and bad, I guess we can say.

But when it comes to the investigation we can focus on that. I want to ask first, Paul, what do you make of Eric Holder's visit today? What does Eric Holder arriving on scene, what does it do? What happens when Eric Holder arrives? What's the impact?

PAUL CALLAN, CNN LEGAL ANALYST: Well, I think it has symbolic importance to the community in that the Justice Department is really making an appearance flew its most important person, the attorney general.

But I think, secondly, when I look at what's going on this is a real active Justice Department investigation. You know, usually the Feds sit back --

BOLDUAN: More so than you would see in the past maybe?

CALLAN: Oh, yes, usually they will make a press conference-type statement, we're monitoring the situation, but they have 40 FBI agents from the civil rights division on the ground doing what Eric Holder has described as hundreds of interviews. They have done an independent autopsy in the case.

So, they are poised to take this case over very quickly if they opt to do so.

Now, that's very unusual for Justice to be that actively involved in a situation this early. Usually they let the locals finish their case and then they only get involved if they don't think it was handled properly.

BOLDUAN: Mo, I want to get your take. Is it enough, even if it is just a symbolic visit? Because Paul and I were talking just before we came on. It is rare that federal civil rights violations, federal civil rights charges, if you will, do -- are ever raised.

MO IVORY, ATTORNEY: Sure. I do think it's symbolic, but I don't think we know if it's enough as of yet because we'll only be able to determine that as we go along.

But I certainly think that it's sending a message that says, OK, we're at a boiling point. We know in the past this hasn't really reaped many results, that you know, have calmed the issues which, of course, are racism, police brutality. But I think that what Attorney General Eric Holder is doing is saying we are here. We hear you. We see what's going on, and this time we're going to try to do it right and make some changes so I hope so.

BOLDUAN: What is the likelihood though, Paul, if you had to guess, that federal civil rights charges would be brought? It's very rare. There's a high bar to be met.

CALLAN: Well, yes, statistically they literally get involved in monitoring hundreds of cases across the country.

BOLDUAN: Monitoring hundreds of cases.

CALLAN: But they very rarely actually bring charges. Usually it's a situation where state and local authorities either refuse to bring a case or they bring a case and lose the case -- and we've seen it in the Rodney King case in California, and we could site other cases. Then federal authorities come in and supersede and take the case over.

It's a very, very rare event statistically speaking.

BOLDUAN: And then, let's look at what's happening also on the ground, the fact that the grand jury, Mo, could start to hear evidence today in St. Louis. What do you make of the fact -- I've heard from many people that this is quite fast for them to be moving in this direction.

IVORY: Sure. Well, I mean, I do think it's fast, but that doesn't mean we'll have an answer of charges also in a fast manner. This grand jury could take months, weeks, to come up with, you know, charges and decide what they are going to do. I want to make the point which a lot of people are confusing, the difference between an arrest of Darren Wilson versus a grand jury finding that they are going to move forward with charges.

He can be arrested at any time if they feel that there is probable cause. I think what is agitating people so much is that there's so many arguments that -- well, we have to go through due process. We have to wait for the grand jury. An arrest and indictment are two different things.

So, I hope that Eric Holder will come today. He will speak with the prosecutor. He will emphasize the need to have an arrest because surely there is enough probable cause at this point to arrest Darren Wilson.

BOLDUAN: What do you think, Paul?

CALLAN: I wanted to emphasize one thing that I think is very interesting in Eric Holder's press release issued in connection with this visit, because McCulloch, the local prosecutor, has been criticized as being too tied to law enforcement, family in law enforcement.

BOLDUAN: A lot of people saying he can't be fair and impartial.

CALLAN: He can't be fair and impartial.

Eric Holder notes in his own biography that his brother is a retired law enforcement official, so even the attorney general has connections to law enforcement himself.

IVORY: Sure, but I think the only difference --

CALLAN: So, it's somewhat ironic, I think.

Yes?

IVORY: Yes, but I think the only difference is that having a relative in the police department versus having a relative who was killed at the hands of a black man I think is just a little bit different.

CALLAN: No doubt, no doubt there's a difference, but it emphasizes -- in law enforcement there's a lot of connections that go on, and you see it constantly.

IVORY: Sure.

BOLDUAN: There's no question that this prosecutor is going to be watched at every turn of this investigation or of this case. I mean, the governor came out just yesterday and said that he said he's not going to ask the prosecutor to recuse himself. There's a well- established process by which a prosecutor can recuse themselves from a pending investigation and a special prosecutor can be appointed.

So, no matter the mounting pressure it doesn't sound like it's going to change --

(CROSSTALK)

CALLAN: Well, we have to understand his is an elected prosecutor. He's been in office since 1991, been elected overwhelmingly by the voters as district attorney so he won't be taken off the case unless you can show a real conflict of interest.

Now, he could, of course, say himself this is not the case for me. I'm too close to it. Something happened to my father that would make me unfit or improper to handle the case, but right now, he's indicated that's not a problem. So --

IVORY: I think he takes a chance though by not recusing himself if there isn't a conviction or the charges don't move forward, that people will absolutely say it was because he was being biased.

So not only are we taking a chance with going forward with him, but I think he's also taking a chance on his career by, you know, by taking the chance that if this doesn't fit the community or the perception is that he didn't work hard enough, you know, he probably won't be in office again.

CALLAN: Well, the easiest thing --

BOLDUAN: That's a risk he can take himself I guess.

CALLAN: The easiest thing for this to do, local prosecutor to do, would be to walk away from the case. But prosecutors, frankly, when a big case like this comes along --

IVORY: It's a once in a lifetime.

CALLAN: It is, and he wants to hold on to it, and if he's a man of integrity he'll say I can handle this case and my experience will help me handle it in a fair and proper way so we'll have to see what develops here. So, we'll have to see what develops here.

But the law doesn't require him to be excused. This is really up to him personally.

BOLDUAN: As we have kind of been hoping we could have talked, we can finally talk now, with a little bit of more peace and calm happening in the overnight hours, we can now start focusing on this investigation, where it goes. Eric Holder on the ground today, very important visit and very significant, many folks are saying, the fact that in the middle of an investigation the attorney general himself is going essentially to the site of the crime. The site of -- the scene of the crime. So, we're going to be looking more into that. Mo and Paul, thank you so much.

IVORY: Thanks.

CALLAN: Thank you.

BOLDUAN: Let's take a break though. Coming up next on NEW DAY, keeping the faith in Ferguson, Missouri. How religious leaders are trying their best to de-escalate tensions over the Michael Brown shooting.

We're also going to talk about this. How will the White House respond to that horrific video of an American being beheaded by ISIS? And what about the fate of another American also being held captive by the same group?

(COMMERCIAL BREAK)