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Tense Protests in Ferguson; Hostage Standoff Underway; American Beheaded by ISIS

Aired August 20, 2014 - 08:00   ET

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


CHRIS CUOMO, CNN ANCOHR: That may seem like an artificially high bar, but that's what we have been seeing here as part of the daily reality.

Forty-seven people were arrested. Some of them arrested for threatening police. This could be a potential turning point, of course, there's still going to be a struggle for law enforcement, who had to take on some demonstrators, still refusing to protest peacefully.

(BEGIN VIDEOTAPE)

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

CUOMO (voice-over): Like so many nights before --

UNIDENTIFIED MALE: Move!

CUOMO: -- Tuesday in Ferguson quickly overcome by chaos.

UNIDENTIFIED MALE: Disperse immediately.

CAPT. RON JOHNSON, MISSOURI HIGHWAY PATROL: The agitators, the criminal embedded themselves and hid behind media, they 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: We protect and cover every peace officer that you would protect and cover every protester.

CUOMO: Clergy and community leaders praying, working toward keeping the peace.

We see smaller crowds and a smaller police presence.

UNIDENTIFIED MALE: You be safe, sir.

CUOMO: Peace a possibility.

(on camera): It's almost 8:00 local time and it's not the night of quiet that the local officials asked for. People are here. But here's the scene: it is peaceful 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 and as you can see the streets are lined, people are marching, there are 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 the site of the shooting -- the first night of peace here in nearly two weeks. No other media around.

(on camera): It's now about 9:00 p.m. local time. We left the main street where there is protesting going on to come here, the site that's driving all the emotion. 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 MALE: What do we want?

CROWD: Justice!

UNIDENTIFIED MALE: When do we want it?

CROWD: Now!

CUOMO: Tensions remains low.

UNIDENTIFIED MALE: We are!

CROWD: Mike Brown!

UNIDENTIFIED MALE: We are!

CROWD: Mike Brown!

UNIDENTIFIED MALE: We are!

CUOMO (on camera): All right. It's now 10:00 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.

(CROSSTALK)

UNIDENTIFIED MALE: Show me!

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

CROWD: Hands up!

UNIDENTIFIED MALE: Hands up!

CROWD: 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 tense when people stopped walking in a circle and they were standing in the parking lot and the police lined up on one side. There was a water bottle that was thrown and that led go of all of the tension we have felt out here.

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

CUOMO: Tactical teams swiftly rush in.

(EXPLETIVE DELETED)

CUOMO: Arresting a handful of people.

Police with K-9s at the ready, others armed with pepper spray. 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: There's no question that instability remains in Ferguson, Missouri. I mean, you see the streets, the protests are not normal life.

But there's also very high sensitivity that anything that does happen, and a little bit of this coverage comes down to what story you want to tell. I think it's very important, Kate, what's not happening as well as what is happening.

It was definitely more peaceful, even though there were arrests and to be at the site of the shooting as we were, there was no media there, and maybe that's because it was quiet, it was peaceful and that's something to remember also.

KATE BOLDUAN, CNN ANCHOR: Yes, a very important reminder, absolutely, Chris, thanks so much. Chris is on the ground as you can see. We'll be getting baaing to him

in a second.

But we're following breaking news we need to tell you about: a hostage standoff underway this morning in a Chicago suburb. A pair of gunmen took two adults and six children hostage in Harvey, Illinois, a home in Harvey, Illinois. They took them hostage Tuesday afternoon.

That is where we find Ted Rowlands who is live near the scene with the very latest.

What is the very latest? It's all unfolding right now, Ted.

TED ROWLANDS, CNN CORRESPONDENT: Well, Kate, negotiators are still talking with these gunmen inside a home behind me, about two blocks over here in Harvey, which is about 20 miles south of downtown Chicago. Four of the six children who were originally held hostage have been let out. They were let out one by one, throughout the night, but there are still two female adults and two children left inside this house.

Negotiators have been working through the night, trying to gain the release of the remaining four hostages. This all started with a home invasion, which turned into a gun battle, when police first arrived on the scene, the two gunmen started firing at the responding officers, hitting two of the officers, one broken arm, after taking a bullet to the arm, the other suffered a grazed wound and was treated here at the scene. And from that moment on, which was about 18 hours ago, this hostage situation has been playing out in this Chicago suburb.

BOLDUAN: So, clearly, a very dangerous situation, even as we speak, right now, Ted, and negotiations are continuing, are under way as well.

What can you tell us about sirens that the police are using as part of their tactic, I guess?

ROWLANDS: Well, they're trying to keep the hostages or the hostage takers engaged with them, as they negotiate, they're doing it over a cell phone right now. Originally, they were negotiating through an open window. Now, they've switched to a cell phone.

They're talking to the hostage takers, and they want them engaged. So, whenever they feel as though they're either falling asleep or not engaging, they blare sirens, and this area was all lit up all night long, too, so what they don't want them to do is to fall asleep or lose focus. They want to keep that communication going, and that's what their tactic is, at least at this point.

BOLDUAN: Yes, at least at this point. All right. Ted, thanks so much.

Just a reminder, viewers of the breaking news Ted is talking about, four of the six children have been released. That means two of the children are still hostages in that home along with two adults.

Ted Rowlands is on the scene. We'll get right back to that as news is developing.

Let's also turn to the disturbing video released by ISIS militants. It shows the beheading of a kidnapped American, James Foley. You're looking at a still image of those final moments. We are not going to show you the very gruesome video that was released by ISIS.

ISIS says Foley's execution is retaliation for the U.S. bombing campaign against the militant group and the militants have threatened the life of another captive American in this very same video, Steven Sotloff, if airstrikes do not stop.

Let's get to Pentagon correspondent Barbara Starr, with much more on this.

Good morning, Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning, Kate.

In the latest the British foreign secretary now weighing in, because that man with the black clothing, the executioner, apparently spoke with a British accent. The British foreign secretary saying intelligence services on both sides of the Atlantic want to identify James Foley's murderer based on the fact he has a British accent. But the friends and family of James Foley are remembering the man and the 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 militant, 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're 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 innocents. They have no control over American government policy in Iraq, Syria, or anywhere in the world."

Another American journalist, Steven Sotloff, is shop at the end of the video. The executioner speaking with an apparent British accent, threatens to take Sotloff's life if president Obama doesn't stop airstrikes 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 ADM. JOHN KIRBY, PENTAGON PRESS SECRETARY: We do have information that they continue these kinds of trepidation and crimes against humanity. There's no question about that.

STARR: After dozens of airstrikes 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: And if Foley's murderer is proven to be a British citizen, this is just underscoring the concerns of security services in Europe, and here in the United States, that Westerners, Europeans and Americans, have been going to Syria, going to Iraq possibly, joining the ISIS fight and could be preparing to return to Europe or the U.S. and launch new attacks -- Kate.

BOLDUAN: And just a horrific reminder of just how brutal this group is.

Barbara Starr at the Pentagon for us -- Barbara, thanks so much.

Michaela is taking a look at many of our other headlines, and keeping our focus overseas, right?

MICHAELA PEREIRA, CNN ANCHOR: We certainly are, Kate.

Yes, here we go: overnight violence erupting again in Gaza, all but shattering hopes for a lasting cease-fire agreement. Israeli airstrikes reportedly killed 19 people, wounding more than 100 others, after Hamas launched more than 80 rockets at Israel. The two sides have been launching attacks since a cease-fire broke down on Tuesday. Peace talks in Cairo fell apart shortly after when Israeli negotiators were ordered to return home.

A slight smile and a defiant speech marked Rick Perry's booking for alleged abuse of power. Texas governor was fingerprinted and photographed at the Travis County courthouse. Perry says the charges are politically motivated and he'll fight them in court. Prosecutors allege he abused his power withholding millions of fund for a state public integrity unit when a D.A. refused to resign following a drunk- driving conviction.

Iceland's Bardarbunga Volcano may be about to blow. Emergency officials aren't taking any chance. They've issued evacuation orders and say most people are heeding them. Concern spiked after some 250 earthquakes were reported around that volcano. The risk level to the aviation industry has been raised down to orange, the second highest level. You might recall back in 2012 not that long ago another volcano erupted in Iceland, disrupting airline industry travels and costing millions of dollars for the airline industry.

BOLDUAN: I remember it being the longest name of a volcano.

PEREIRA: Bardarbunga, rolls off the tongue. We'll be watching it here on CNN.

We're going to take a short break here.

Next up on NEW DAY: as Attorney General Eric Holder heads to Ferguson, Missouri, today, the grand jury may take up the Michael Brown case. Could the officer who shot and killed that young man be indicted? We'll have more.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY.

Hours after protests turned hostile in Ferguson, Missouri, U.S. Attorney General Eric Holder is set to arrive there today. He's expected to meet with community leaders and investigators over the shooting death of Michael Brown.

It comes amid new calls for St. Louis County Prosecutor Robert McCulloch to step down because of concerns over his deep ties to law enforcement.

Let's discuss all of this in the latest developments with CNN senior legal analyst, Jeffrey Toobin, and CNN legal analyst and former federal prosecutor, Sunny Hostin.

Good morning to both of you.

Jeffrey, I want to get your take. What do you think the impact is of the attorney general going? Do you think it's overstated how important he goes there?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, I think it's significant. It's very unusual for an attorney general to go to the site of an ongoing investigation. Other than something like the Oklahoma City bombing, I can't remember a situation where you have the attorney general go. I think he's got a very difficult line to walk.

BOLDUAN: Why?

TOOBIN: Because he can certainly say the federal investigation is going to go forward, and I think people will certainly trust him about that. The question is, what does he say about the state investigation, led by Robert McCulloch, because a lot of people are very skeptical of that investigation? So, does Holder embrace McCulloch? Does he say we're working as a team or does he say that's a separate investigation?

I will be interested to see how he walks the line between the two. BOLDUAN: That's an interesting point. I want to get your take on

that as well, Sunny, on the impact that the attorney general can have, but also do you think folks need to be careful of their expectations when they're talking about a federal civil rights investigation into, in this situation. Because it comes with a high bar, doesn't it?

SUNNY HOSTIN, CNN LEGAL ANALYST: It does. But, you know, I would agree with Jeff. I think it's largely symbolic that the attorney general is there, but it is very unusual, and it makes quite a statement, and so, I think his statement is the world is watching. This is a very important case. It's a crucial case.

He is by all means the chief federal prosecutor in our country, and so it says a lot, just the way I think it would make the sort of statement when the president arrives at a place.

I think, though, in terms of whether or not the state will sort of be the lead prosecutor here or whether or not the federal government will be the lead prosecutor, I'm also very interested in that notion, because the bar is pretty high, when we're talking about a federal civil rights investigation. We don't see a lot of those, that come forward, and I think it's really interesting that the grand jury may be convened today on a Wednesday.

I think that there has been enough to take in front of a grand jury for quite some time. I'm wondering why today is the day, and it seems to me that the appropriate thing right now is to consider whether or not a special prosecutor perhaps should be assigned to a case like this because people have really I think the world has lost confidence in this investigation because it has been so opaque, because it hasn't been transparent, and so I wonder whether or not the attorney general showing up to Ferguson may have something to do with that.

BOLDUAN: Also interesting point, Jeffrey, but when you look at what's happening on the ground, the prosecutor said he has no plans to step aside. The governor said he's not going to ask for the prosecutor to recuse himself. So, who will make that happen?

TOOBIN: Well, I think -- no one is going to make it happen. I mea, I -- it is true, that there have been a lot of calls for McCulloch, the prosecuting attorney in St. Louis, to step aside but he's not stepping aside and that I think puts Holder in a particularly difficult situation because he's got to say where he stands on the issue of McCulloch, whether he trusts the Missouri authorities to do their investigation, and it is easier from a law enforcement perspective, to make a case in the state, in the federal -- to make a federal civil rights case, you have to prove that the officer had racial hostility, have to prove that intent level.

You don't have to prove that if you're prosecuting him in the state, so it makes it even more difficult because the easier case is from the more controversial prosecutor.

BOLDUAN: And also, what do you make, Jeff -- and, I want to get your take on this, too, Sunny -- of the fact the grand jury could start to see evidence today. Daryl Parks, the attorney, one of the attorneys for Michael Brown family when he was on our air he was quite critical they're going the route of the grand jury saying it's punting. He was looking for an arrest and probable cause hearing.

TOOBIN: Yes, I think once you get into those sorts of distinctions, it's of more interest to lawyers than to people in the real world.

BOLDUAN: I agree. It's definitely --

(CROSSTALK)

TOOBIN: I just think, the real question here is, is the officer going to be prosecuted. I don't think anybody cares if they're going to be prosecuted through a probable cause hearing.

BOLDUAN: Does a grand jury increase that chance, decrease that chance?

TOOBIN: I don't think it makes much difference.

You know, these procedural things matter less than the fact that the prosecutor really is going to make the decision about whether there's a case here.

(CROSSTALK)

HOSTIN: I don't know about that. Yes, I don't know about that.

I mean, I think generally when you see a prosecutor bring a case like this in front of the grand jury, it takes so long to bring the case in front of the grand jury, I think that's a statement in and of itself, that my office is not going to just indict or charge, rather, but I'm going to let the 23 people of the grand jury decide. So, if you don't get an indictment then it's not your fault. If you do get an indictment, wow, I presented this terrific case in front of the grand jury.

The bottom line, Jeff, you and I both know, you can get an indictment for just about any kind of case, if you're a halfway good prosecutor.

So, I think there is something to be said about the fact they're rushing to the grand jury and letting the grand jury decide this.

BOLDUAN: Final point, Jeff?

TOOBIN: Well, I was just going to say, you know, prosecutors use grand juries as fig leaves. It's the grand jury's decision. No, it's not. Prosecutors really decide, McCulloch will decide whether there are state charges. The Justice Department will decide whether there are federal charges. The buck really stops not with the grand jury, but with McCulloch and Holder here.

BOLDUAN: With the attorney general going there, you know that the federal government is watching this so closely, so are the eyes of the entire country and the governor even said this is the opportunity for this prosecutor to step up and do his job. So, you know everyone's going to be watching him closely at this point. TOOBIN: Tough job.

BOLDUAN: That's exactly right. That's why you take the job if you want a tough one.

Jeff Toobin, Sunny Hostin, thanks, guys. >

Coming up next on NEW DAY, an American beheaded by ISIS terrorists and the militants say the same fate could await another kidnapped American. What can the United States do to stop this?

(COMMERCIAL BREAK)

PEREIRA: All right. Here we are back on NEW DAY.

To that extremely disturbing video released by ISIS, the beheading of an American, James Foley. After the brutal murder, ISIS issued a new threat vowing to kill another captive American, Steven Sotloff.

What can the U.S. do to stop this bloodshed?

We want to bring in CNN military analyst James "Spider" Marks, who's the former commanding general of the Army Intelligence Center and the top army intelligence officer during the 2003 invasion of Iraq.

Good morning. What a terrible story we're waking up to talk about.

MAJ. GEN. JAMES "SPIDER" MARKS (RET), CNN MILITARY ANALYST: Thank you.

BOLDUAN: I wanted your analysis of this, Spider. You can walk us through this with confidence. Give us an idea, we talked to Philip Mudd a while ago about the psychology of these militants, of these extremists.

What do you know?

MARKS: Well, clearly what you see is an organization that really has gained strength, credibility, capabilities and they've demonstrated that they don't subscribe to any bounds of propriety that you and I would understand, what we might call rules of engagement, and this is not, we shouldn't be surprised by this brutality, this horrible act that you see. It's certainly very personal for us, it's a U.S. citizen they beheaded. It's very, very difficult to even talk about.

PEREIRA: It is.

MARKS: But what it really tells you is how do you negotiate in any way, what is a likely outcome that we would anticipate in terms of trying to deal with ISIS in a way other than to try to wipe them off the face of the globe. They've demonstrated a level of brutality that we really just don't understand.

PEREIRA: I think that would be the knee-jerk reaction, and it's interesting, I want to ask you about that, because you say you're dealing with a group that's not engaging in the typical rules of engagement.

So, if they make such a request as they did, or a threat, if you will, holding this other American captive and saying if the U.S. doesn't back off those airstrikes, there will be more bloodshed, they will take his life -- how do you deal with that kind of rationale, especially when you're dealing with people that are capable of such atrocities?

MARKS: True. I think it's important to understand that these are incredibly rationale people. They're not completely off the rails in terms of how they view the world and what they're trying to achieve. They just -- they play by entirely different rules, that is there are essentially no rules.

So, how the United States responds is extremely important not just in terms of the message that is received by ISIS.