this. it may not be that easy. he may be a very rich man. andy scholes, thanks for joining us. >> that wraps it up for you and i at this hour. >> she is michaela pereira. >> i am. >> i am john berman. "legal view" starts right now. >> hello, everyone. i'm ashleigh banfield. welcome to "legal view." i want to take you to live pictures from the white house. this is a very, very special event. there is a family that is walking in right now to the roosevelt room where president obama is about to hand out something you've heard about before, the medal of honor. it is for extraordinary courage. but this one is so different because this one dates back all the way to the civil war. the family, the descendents of a civil war hero, of an american hero, are gathered to receive this posthumous award in honor

of alone zo h.cukhing. because that guy is probably one of america's bravest ever. picture yourself if you can facing down about 13,000 confederate forces advancing on you and you are the commander of a battery of artillery soldiers and you are the only guy left. you're the only guy remaining with a serviceable piece of field piece in the battery and he did it. i want to listen in as he honors this family. >> on behalf of michele and myself welcome to the white house. 151 years ago, as our country struggled for its survival, president lincoln dedicated the battlefield at gettysburg as a final resting place for those who died here, that the nation might live. today the nation that lived pauses to pay tribute to one of

those who died there. to bestow the medal of honor, our highest military declaration. first lieutenant alonzo h. curbing. now, typically, this met medal must be awarded within a few years of the action, but sometimes, even the most extraordinary stories can get lost in the passage of time. so i want to thank the more than two dozen family members of lieutenant cushing here including his cousin twice removed helen enson from palm desert, california, who will accept this medal. for this american family, the story isn't some piece of obscure history, it is an integral part of who they are. and today our whole nation shares their pride and celebrates what the story says about who we are. this award would not have been possible without the tireless efforts of supporters who worked for decades to make this day a reality and i want to especially

acknowledge margaret zuric, a historian from dellfield, wisconsin, where lieutenant cushing was born. there's margaret back there. good to see you, margaret. margaret is also the granddaughter of a union veteran and lives on a property that was once owned by cushing's father. when she discovered this story, she spent over 25 years researching, writing letters, and raising her voice to ensure that this american soldier received the recognition that he so richly deserved. and what's more, she even managed to bring republicans and democrats together. to make this happen. margaret, we may call on you again some time in the next several months. if this medal is about more than one soldier or one family. it reflects our obligation as a country to the men and women in

our armed services. obligations that continue long after they return home, after they've removed their uniforms, and even perhaps especially after they've laid down their lives. and so this medal is a reminder that no matter how long it takes, it is never too late to do the right thing. alonzo was raised by his widowed mother in new york with his siblings, including three brothers who also fought for the union. as the congressman who recommended lon to west point wrote, his mother is poor but highly committed and her son will do honor to the position. after graduating from west point, lon was a assigned to battery a fourth united states ar till her from bull run to an teeium from chancellorville to fredericksburg, lon fought bravely and developed a reputation for his cool, confidence and courage under fire. but it was at gettysburg, what one newspaper later called

emphatically a soldier's battle, where lon would be immortalized. it was july 3rd, 1863, the final day of a gruelling three-day fight. lon commanded his battery along the wall on cemetery ridge, fending off punishing fire from general lee's confederate troops, in advance of what we now know as thicket's charge. in the chaos and smoke, lon and his men could barely see ahead of them. one colonel later described the terrible grandeur of that rain of missiles and that chaos of strange and terror spreading sounds. lon was hit and badly wounded. his first sergeant, a soldier by the name of frederick fuger, urged him to go to the rear. but lon refused and said, he'd fight it out or die in the attempt. bleeding and weak, he moved his

remaining guns closer to the front. over 10,000 confederate infantry men advanced, elbow to elbow, in rows over a mile wide. peering through field glasses lon ordered his men to continue firing at the advancing columns. he used his own thumb to stop his gun's bent burning his fingers to the bone. when he was hit the final time as a poet later wrote, his gun spoke out for him once more before he fell to the ground. and alonzo cushing was just 22 years old. in a letter to lon's sister, fuger wrote that bravery of their men that day was entirely due to your brother's training and example set on numerous battlefields. etched on lon's tombstone at west point is the simple epithet, "faithful unto death" and his memory will be honored later this month when one of our navy's cruisers "the uss

gettysburg" designates the officers dining hall as the cushing room. lon and others that fell that day could not, we know they could not, gettysburg was a turning point in the civil war. it's proof if any was needed that it was thousands of unknown young soldiers, committing unsung acts of heroism, who saved our union and freed a people and reaffirmed our nation as one nation under god, in indivisible with liberty and justice for all. i'm mindful i might not be standing here today as president had it not been for the ultimate sacrifices of those courageous americans. today we honor just one of those men, lieutenant alonzo cushing who as lincoln said gave their last full measure of devotion. his story is part of our larger american story, one that continues today. the spirit, the courage, the determination, that he

demonstrated lives on in our brave men and women in uniform who this very day are serving and making sure that they are defending the freedoms that alonzo helped to preserve. and it's incumbent on all of us as americans to uphold the values that they fight for and to continue to honor their service long after they leave the battlefield. for decades. even centuries to come. with that i would like to ask helen to join me for the reading of the citation. >> the president of the united states of america authorized by act of congress, march 3rd, 1863 has awarded in the name of congress the medal of honor to first lieutenant alonzo h.cushing. first lieutenant distinguished himself by acts of bravery above and beyond the call of duty

serving as a commander in battery a fourth u.s. artillery, army of the potomac at gettysburg, pennsylvania, july 3rd, 1863 during the american civil war. that morning, confederate forces led by general robert lee began caneny nating lieutenant curbing's position on cemetery ridge. using field glasses he directed fire for his own battery. he refused to leave the battlefield after being struck in the shoulder by a shell fragment. as he continued to direct fire, he was struck again. this time suffering grievous damage to his abdomen. refusing to abandon his command he boldly stood tall in the face of major pickett's charge and continued to direct devastating fire into oncoming forces. as a confederate forces closed in first lieutenant curbing struck in the mouth by an enemy bullet and fell dead beside his gun. his stand and fearless leadership inflicted casualties upon confederate forces and opened wide gaps in their lines directly impacting union forces

ability to repel pickett's charge. first lieutenant curbing's heroism and selflessness above and beyond the call of duty at the cost of his own life are in keeping with the highest traditions of military service and reflect great credit upon himself, battery a, army of the potomac and the united states army. [ applause ] >> let me ask the members of congress who helped to make this happen to join us for a photograph. and let's get our secretary and -- our twost secretaries rit here. come on up, guys. all right.

let's swing around here. pull back a little bit. >> got it? [ applause ] that might be one of the most conciliatory acts with congressional members we've seen since a very bruising week, but what a moment for this family as a first cousin twice removed from this man, alonzo cushing accepts the medal of honor from the president of the united states for his heroism, his absolute personal bravery above the -- above and beyond the call

of duty in the civil war. 151 years ago. that 22-year-old man being honored finally after several decades of lobbying from his family. this story got lost and today it is lost no more. congratulations not only to first lieutenant alonzo cushing but his family members who made this happen. big story that we've been following for you, police say a vicious predator is off the streets today, a man who was seen in this video, airing all over television, grabbing a woman brazenly off the streets, that man has been captured and the details are nothing short of remarkable, next. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much.

just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. into one you'll never forget. earn points for every flight and every hotel. expedia plus rewards.

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like aarp medicarecomplete. let's get you on the right path. call unitedhealthcare today. . police in philadelphia say a vicious predator, the man that you were able to watch on video aggressively kidnapping a 22-year-old woman, is thankfully now off the streets. this is the video. it is not often that you see this kind of thing, an abduction caught on tape. sunday night as carlesha freeland-gaither was grabbed and dragged down the street forced into a vehicle, all of it was recorded. perhaps even more rare, three days after that young woman was abducted, far past that crucial 48-hour window, the news came that she was actually found alive and that news came last night and the suspect in this case, 37-year-old delven barnes he was taken into custody as well. jean casarez looks at how it all

went down. >> carlesha freeland has been rescued. >> reporter: a philadelphia woman kidnapped on sunday now found alive. carlesha freeland-gaither was rescued in jessup, maryland, wednesday, after authorities identified the vehicle used in her abduction and tracked it down. law enforcement spotted them inside and surrounded the car. >> when the subject exited the vehicle, he was apprehended and that's when miss freeland was recovered. >> once she had the time to process what had occurred, you could tell she was very emotionally distraught, so as a result we took her immediately to the hospital. >> reporter: police identifying her kidnapper as 37-year-old delven barnes. he is currently being held on attempted capital murder charges in another case. >> all of our prayers were answered when we were able to locate her in a safe condition and we were able to place this man under arrest. >> reporter: overnight, barnes' uncle speaking out saying he is not surprised. >> my experience and knowledge

is the thing about women and females. it's hard for me to accept the viciousness of it. not necessarily surprised. >> reporter: the 22-year-old nurse was abducted sunday night in philadelphia just blocks away interest her home. this disturbing video captures her kidnapping from beginning to end. the suspect parks his car and waits. and approaches her as she walks across this intersection. she tries to walk away, when the man grabs her and aggressively drags her down the length of this block. she struggles to break free and yells for help. but he violently pushes her into his vehicle. the next morning, surveillance video captures a man dressed much like the kidnapper using carlesha's atm card at a bank in maryland. he is also spotted inside this convenience store shortly after. investigators do not have a motive, but say there is no

indication she knew her abductor. her mother thanking law enforcement and the public grateful for their part in bringing her daughter back safe. >> thank you for being there for us. i'm taking my baby home. thank youp. >> wow. that is some joy, right there. jean casarez joins me now. she is on the phone because jean is on her way to charles city, virginia. i know that sounds strange since all of that happened in maryland, but delven barnes is accused in something else as well, a previous abduction involving a 16-year-old. so jean, you will have to sort this out for me. we're dealing with a man in the middle of the screen who now has three states attached to him where there has been big trouble and some big alleged trouble. maryland, pennsylvania, and virginia. so could you walk me through this and make this make sense. >> let's start with virginia. and the similarities, law enforcement say, are striking. this was october 2014. it was just a month ago,

ashleigh, law enforcement tells me there was an abduction of a young 16-year-old girl, just walking along the street, stranger abduction, and they say the man was delven barnes. well this young woman was able to escape. not before, though, she was sexually assaulted. she was lit on fire and bleach was poured all over her. law enforcement says that there was a sexual assault examination done and the perpetrator dna was put on a dna data base and they found that it was delven barnes. they also believe that she was set on fire because he wanted to try to destroy any type of evidence, forensic evidence, of his that was on her. once they got the name delven barnes in october, we're talking late october, last week, they served a warrant on his home in virginia. and he was -- they were surveying his mother's home and another relative. he fled the jurisdiction, they

believe, on october 29th to october 30th. they didn't know where he was, but now they realize that he must have gone and ended up in philadelphia. they were able to go to the car dealership that had a gps tracking device that they had put on his car because of a credit risk, they used that gps tracking device to help locate the vehicle yesterday with carlesha in it and around 3:30 in the afternoon, that the atf, u.s. marshal, and fbi, began to surveil that. they had him in custody by 5:30 yesterday afternoon. >> what you're telling me is while the police are executing warrants for evidence in the attack on the 16-year-old from a couple weeks ago, while this young woman is still recovering in the hospital from that attack and while the police are trying to get him on an attempted capital murder in that attack, he's allegedly doing that on tape and grabbing this 22-year-old woman?

>> that's right. that is exactly right. it's that timeline of what law enforcement says is correct you are so right. days later, he allegedly abducts carlesha, this time caught all on video. and once again -- >> what about -- >> survives. >> thank god. thank god for that. i'm not sure if we know the answers to this yet, but there was some detail about when carlesha was grabbed and thrown in that car, she fought like hell. she kicked the back window out or the passenger's side window out of that car. i'm wondering, what was the circumstance that they found her in that car? was she in the trunk? was she conscious? do they know any of that? releasing any of that yet? >> law enforcement out of virginia tells me that when they found them yesterday afternoon, they were in the back seat. and they did not want to apprehend at that point because they were afraid they were going to have a hostage situation on their hands. so the atf and fbi and u.s.

marshal waited and when exiting the vehicle they moved in. they apprehended him, they rescued her. she was immediately taken to the hospital in maryland with they say quote/unquote minor injuries and we know, ashleigh, she was released in the early morning hours this morning reunited with her family. i spoke with her family this morning. they say she is their hero and i think they're in shock now, ashleigh, for a second time, and overjoyed to say the least. >> yeah. i think those minor injuries would be what you can see. maybe physical injuries. but there's no way you can live through that kind of an ordeal for three days and not come out of it without a scar. chasing that story down for us, let us know when more developments happen. the man will be in a lot more court appearances. what may be amazing about this how the police were able to come to a remarkable conclusion. the investigators tracking barnes as you heard jean say through the gps device. the car salesman decided i think

i got to track this vehicle. i do not trust this guy. he was weary of barnes' horrible credit report. philadelphia police commissioner charles ramsey on "new day" this morning to explain how the public played a part in identifying him. >> well, the first video was not a very good video unless you really knew the person well. you wouldn't be able to tell exactly who it was. but we were able to, after he used the atm card, we certainly had a photograph from that. we were able to locate some video from a convenience store. we actually found a scene where some items were discarded that belonged to her. a receipt was found there. we were able to backtrack that. it was a grocery store in philadelphia. we pulled video from there. very good video. we got that out. the media was a great help to us because by putting that video out we got a phone call from a person who sold this individual a car and from that, we were able to trace the car.

we were able to then contact charles city who they had an outstanding warrant for this individual, and things started really falling in place very, very quickly and we were able to track him to jessup, maryland, and rescue miss gaither. >> it's a good thing that a lot of those violent criminals are remarkably stupid because in addition to the receipt someone found a broken key chain, smashed glass, zip tie and empty bag of potato chips, barnes was scene on the video at a convenience store buying chips and a drink the morning after the abduction. i want to bring in cnn's legal analyst and former federal prosecutor sonny hostin and danny sew valleys, defense attorney based in philadelphia. one of those cases where, perhaps, i gently say, this is what you call a case with a lot of bad facts. >> yeah. >> go for it. >> to say the least. >> definitely. i have to say, being in philadelphia, the ppd has been doing this a lot.

they've been making investigations both viral and social by editing these videos, putting them on-line. i've watched tons of these. people get interested in them. it's effective. >> it's great police work. >> great police work. it's tremendous. the other thing i want to mention, i've been hearing this all morning, is it legal to put these gps devices on cars? remember -- >> doesn't it make you feel bad? feel like my goodness, i buy a car and now the dealer can put this gps on my car and track me wherever i am. that made me feel bad. but you found out -- >> except when you say the word buy, when talking about the subprime car market, people with horrible credit you can say they buy a car but the dealer retains a substantial security interest and high probability they'll have to repo that car. >> don't really buy it until you finally buy it. thank god for that in this case. >> as long as you have notice there's something in your car tracking you, which you can put in all that fine print of the car purchase, there's nothing illegal about it. it's not the government.

>> usually the subprime market, right. >> absolutely. >> i would hope so. >> let me ask you about the horrible nature of the crime at hand here. that is, what he is charged with doing to this 16-year-old girl. it is heinous. it is horrifying. and what he's going to be charged with more than likely in this particular case. tell me that he won't get out again, sonny, and get me off the ledge, because all too often i hear about people like this who have done things like that and still walking amongst us. >> because he's a serial sexual predator. clearly a violent predator. he served eight years in prison for an aggravated assault on an ex. so this is someone that in my view it's striking he was even walking the streets and unfortunately, ashleigh, in our system, sometimes when you have a domestic violence issue, people think, law enforcement and the public, think well that's something that just happened in their house. >> in their house. >> so this is specific to that couple and this is not somebody that's going to reoffend.

we know in law enforcement quite frankly that is just not true. so i don't think, given the fact that there is video, given the fact that there is dna evidence, i don't think he's going anywhere. i want to mention something that was striking to me. she fought and you mentioned, ashleigh, she fought like hell. i think when looking at this, she did everything right. i remember when i was at the u.s. attorney general attorney's office and trained by the fbi about safety i was always told, i don't know if you've heard this, never let them take you to the second location because the second location is where the rape and the mayhem -- >> never let them get you in the car. >> definitely into a second location. so the fact that she fought like this, shows how very brave she is and also that she was able to stay alive for those three days. you know, means that she is very smart and i really just can't wait to hear from her because i think her story will really help so many people, so many women. >> god bless her if she chooses not to. she may have had minor injuries in the hospital room but no way

you get out of that unscathed because that is absolute horror. >> of course. >> sonny and danny, thank you for that. for your input on this terrible story. want to take you to another story we're following as well the to loup from the -- follow up from the midterm elections. my next guest said president obama could end up being the most isolated u.s. president since richard nixon. so i'll ask him, isn't that a little harsh? hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about americas favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

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we're awaiting the start of today's white house briefing. the next political event of this eventful week will come tomorrow. it's three days after midterm elections that gave republicans the senate in addition to the house, president obama will sit down with congressional leaders of both parties to try to chart a course for the next two years. could be a bumpy. buckle up. a preview yesterday from the president and incoming senate majority leader mitch mcconnell speaking separately, of course, and we expect to hear from house speaker john boehner about an hour interest now as well. mr. boehner and mr. mcconnell co-authored a piece in today's "wall street journal" quote our priorities will be your priorities, those include reforming what the authors call insanely complex tax code, repealing, quote, a hopelessly flawed health care law, green

lighting the keystone xl pipeline and addressing, quote, a savage global terrorist threat. for his part the president sent out an e-mail blast claiming i will quote, i am eager to work with congress over the next two years to get the job done. the challenges tha s lay ahead are far too important to allow ideology to prevent our progress as a nation. okay. but in his news conference yesterday, he said he still plans to move on immigration reform, whether congress likes it or not. in fact, he promised action this year, before the new congress even takes office. on the to-do list, immigration comes after actually -- no, it's really -- it's just not there at all. partisan gridlock is one thing. my next guest says barack obama may end up, quote, the most isolated president since richard nixon. let that marinate for a moment as you look at david, the ceo and editor of foreign policy magazine, author of "national

insecurity, american leadership in an age of fear" and he's here with me now to talk about that. i tease to break saying ouch. that's mean. i mean that's -- isn't that a bit -- isn't that a bit rough? kind of piling on? >> i don't think it is. look, the reputation in washington is this is the most president eccentric administration ever. he's the product, he's the messenger, he's the mission. >> he's not a criminal. come on. >> i didn't say he was. >> you said the "n" word, the nixon. >> nixon was isolated because of other reasons. but he was isolated unto himself. obama, you know, started this way in the campaign, but didn't really shift mode. so now he's isolated from some of his cabinet, isolated from his party. you saw the harry reid bashing him after, harry reid staffer bashing him. >> on the way out. >> took a shot. >> isolated from the republicans. unusually for a u.s. president, he's isolated from world leaders. doesn't have a lot of friends

and networks because he's been aloof in the bubble at the white house. >> do you not think he tried and specifically with boehner over immigration and it with az -- was a colossal failure and they would say boehner would have no part of it. >> absolutely. this is an obstructionist congress that didn't want to get anything done with obama and in terms of his isolation from the hill, they deserve a lot of the responsibility. in terms of his ilation from the cabinet or other world leaders, that's kind of on him. >> the world leader part, he's coming in, in the wake of two extraordinarily expensive and long wars, in which the american public and all of those people on capitol hill who depend on money from the public and votes from the public, are also exhausted. how is a guy supposed to manage that? how is a guy supposed to be tough, but not put any boots on the ground because america won't have any part of that? he seems to take all the blame from congress who weaseled out of a lot of action themselves.

>> i think he does. we swung, we overreacted under bush and obama came in and i think he overreacted in the other direction. >> isn't he getting the whole pendulum. >> he is but there's a middle ground. there's a right way to do this. you say no boots on the ground, no way to defeat isis without putting some boots on the ground. the rest of the coalition isn't doing it. >> but you ask america if they'll have any part of that and i'm not sure what the last statistic was but it's around 70 or 80% of americans who say absolutely not one american soul is to be committed to that effort over there. >> okay. you ask military leaders and they say there's no way to do it otherwise. if you ask the american people in july of 1940 whether we should intervene in europe only 17% said we did. sometimes president have to lead. they have to say we have a glool, a way to get there, it may not be comfortable but i have to persuade you to get there. like when you have a coalition, you have to persuade them. >> take it on the chin publicly and do what's considered the right tig.

how are we not to know what he's doing right now is so unpopular with his low popularity rating but might be the leadership ta we need to stay out of that kind of business? >> well, i mean, i think we can go and make a judgment. >> 20, 30 years down the road, aren't they? >> we may see how this works. my sense is, that our problem with isis is you don't want them to establish an extremist state in the middle of the middle east, full of these foreign fighters and come back and cause us a problem. if we're not doing enough to stop that, and the administration says it's going to take six years, then we got to do more. >> can he do anything at this point or is it too late? >> he can. george bush -- >> phone call list he called all these people after the election to say how's it going. >> i have to say, every two-term president we've had the last three, bush, clinton, reagan, they strengthened their act on foreign policy in the last two years. obama can do it. he's just got to recognize he has a problem to solve. >> okay. david, good to see you and your writing is terrific. i encourage everybody to have a look at it. i don't agree with everything

but it's fascinating stuff and that's what we're all thinking at this point. nice to see you. >> thank you. >> we also have a live briefing from the white house later in this hour. there's your live look. as soon as the mike is live we'll take you there live as well. another story the shooting of unarmed teenager michael brown in ferguson, missouri. a judge is ordering the police in that town to change how they deal with the protesters and we're likely days away from hearing what a grand jury has to say about everything to do with that shooting and whether there will be a case that examines out of it. live to ferguson in just a moment. [ jen garner ] what skincare brand is so effective... so trusted... so clinically proven dermatologists recommend it twice as much as any other brand? neutrogena®. recommended by dermatologists 2 times more than any other brand. now that's beautiful. neutrogena®.

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offers strategies that can help. a grand jury could be days away from deciding whether or not to indict officer darren

wilson for the shooting and killing of michael brown. overnight there were more protests regarding that shooting in ferguson, missouri. there were two arrests amid mostly peaceful demonstrators. ferguson and other cities are bracing for potentially explosive protests if there is no indictment handed down. however, ferguson agreed in a federal court order on wednesday not to enforce any rule or policy that bans sidewalk protesters. cnn's sarah sidner joining me live from ferguson. set the stage for me in terms of the organization in preparation for when that moment comes because it's coming. >> it is. and we don't know if it's going to be mid or late november as the prosecuting attorney has said. everybody is talking about it and everyone is preparing for it from the protesters to police, to the governor, and to the residents here in ferguson and surrounding cities. what we saw last night was

interesting because we noticed a difference in tone. there were about 100 or so protesters who came out for the 86th night of protests and we noticed something change. yes, they were in the streets, yes, they were blocking traffic at times, yes two people were arrested, one for disturbing the peace, another for disturbing the peace and blocking the flow of traffic and resisting arrest, but for the majority, the people were peaceful walking through the streets and going into some of the neighborhoods with a large truck, with a sign on it, a message to governor nixon about their concerns about this particular case, but what we notice at one point is the protesters all turned and started walking towards a store a walgreens and one of the protesters said if you go into the store and you grab something and don't pay for it, if you loot, if you do anything like that, you are not with us. we're noticing that the protesters are starting to police themselves in that way. there are people there that says that is not the message we want to send. we want to send a message that

we want justice and for them, that means seeing an indictment of darren wilson. of course, the justice system works as it does, the grand jury will ultimately make that decision. but there's a lot of still frustration between the police and the protesters and as you might imagine, where you know, this has been a difficult time for both because they're up every single night and as i said yesterday was the 86th night the police put out a list of all the things that happened and the protesters often say that list does not show the true reality of what's going on on the ground when the protests are mostly peaceful. >> sarah sidner reporting for us, thank you. a group called the don't shoot coalition, is hoping to prevent the kind of violence that sarah was talking about from breaking out in ferguson after that decision is handed down. by asking that law enforcement adhere to some specific rules that are meant to demilitarize the police in ferguson. the ferguson police have met with the coalition to define,

quote, some common goals. joining me to talk about the coalition's proposed rules and whether they could help diffuse are legal analysts paul and sonny. first and foremost, that all sounds great when you see look this is terrific, the community, police, coming together to put together some kind of a plan. that sounds great. until i read some of the proposed rules and i started to think, who's policing who? hold on a second here. this organization has already says it's going to encourage civil disobedience, but at the same time, let me read a couple rules for you, let's pop up the first few. it's recommending that 48 hour advance notice before the grand jury decision is announced. police give protesters 48 hour advanced notice. i'm not sure that's in the best interest of anybody because that just sets the stage for it to get really ugly and to get going earlier than maybe proposed. pop up the next rule as well and this has to do with how the police will be dressed. police will wear only the attire minimally required for their safety.

specialized riot gear will be avoided except as a last resort. crowd control equipment like armored vehicles, rubber bullets, rifles and tear gas, will not be used. we had places that were burned down, people who were injured, officers who had things thrown at them like full water bottles and glass bottles. how can protesters make these demands, realistically, when there is the potential for like the l.a. riots to break out. start with you. >> well, you know, it's not unusual for when you have mass demonstrations for people to try to work out an agreement in advance. the marches on washington, civil rights marches against the vietnam war. sort of a framework agreement to -- that you'll be in certain areas and we're going to provide food and, you know, just to try to keep it under control. that's not -- that's a good idea. i'm glad to see that there's been a start this process. but some of these things, they're just -- they don't make sense and the police can't agree with them.

i think i understand they want 48 hours' notice before a grand jury indictment is announced, it has to be announced publically at some point so it's not illegal to do that, but is that going to increase the size of the crowd because they know precisely when it comes down. i'm not so concerned about some of the other ones that you spoke about but there is a provision number 11 she want safe houses where people who theoretically have committed crimes can hide out and not be arrested by the police. >> safe houses shall be considered sacred ground and only entered by police when called upon or if extremely necessary. look, there are criminals in these. there are bad elements who have come to these riots. we've seen that, we've seen them coming in and making trouble. should we be giving them save houses. >> i think paul is right, this is a start, this is appropriate and i think people protesting and trying to change some of the problems that have occurred is

very american. we're talking about community activism, we're talking about community organizing. this is something we should embrace. i have looked at many of these rules of engagement that were proposed. i don't think they are so off the mark quite frankly in light of the type of activity that we have seen from the police department. >> do you think they should be allowed to throw things at the police? >> well, i don't think -- >> simple yes or no. >> no. i don't think they're suggesting that. >> they are. >> police will be instructed to be tolerant of minor law breaking such as thrown water bottles. >> i don't think that it's appropriate for some of the actions we've seen from the police. the police. >> they want to throw water bottles. >> yes but again remember what happened to don lemon. >> don wasn't throwing water at anybody. >> remember what happened to the protesters that were peacebly protesting which is their constitutional right. >> and they earned it -- they've earned that right in court. >> and i think -- >> but throwing water bottles?

they want the right to do that? >> i'm not saying that that is appropriate but i'm saying in light of what we have seen from this police department, the lack of transparency, all of these leaks, quite frankly the way they're handling the grand jury process which is unphantomble and unheard of, these are the times of rules of engagement and scenarios we have to consider we have to talk about. >> paul, is this the big list? this is negotiations that come in hard and hope to come back with half to three quarters of it? i can't understand being able to throw anything at a cop? >> i don't know because 19, for instance, they're trying to have a preagreement on bond and the setting of bail in these cases. you think a judge is going to say all right i'm not going to set bail in your case because you made an agreement with the cops. that's the judiciary. they're not going to agree to that. my point also is that the group doing the demonstrations in ferguson is a big diverse group. you may have responsible civil rights activists who sincerely

wants this to be nonviolent to send a proper message. >> the majority of protesters are nonviolent. >> i don't know who's taken a poll but there are many others who have participated who are anarchists and want to cause trouble with the cops. >> and not from there. >> not even from ferguson. they're not going to be bound by this agreement. >> we have to cut it short. the white house coming down the peg here. i want to keep this conversation going. you mentioned don lemon and i was never more angry than seeing don lemon doing a peaceful report than being shoved and pushed. >> that's why these are important. >> you have to agree with me, aren't you, you can't throw a bottle of water at a cop. >> i would agree. but you have to consider all of the scenarios. >> it's called the law. we already have laws that ban these things. >> fantastic and you're going to have to be on the panel when this happens too. we will expect the white house briefing live any moment. quick break after this. for retirement.

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get set. about to see a story so terrifying you may forget to breathe for a moment. a man desperate and covered in blood shoves a gun into a cameraman's face and then drives off in his tv van. but you have to see what happens before and after that this is in eastern australia. a shooting and a police chase and car crash and all is caught on camera. here is reporter carlie waters. >> reporter: this is the moment the interview when the armed man gives himself up to 7 news cameraman peter steer. >> my name is [ inaudible ]. and i've done an extremely bad thing. >> reporter: with blood on his hands he asks peter to call police. i just hope she's all right. i think she's dead. >> you have to talk to me now.

peter from channel 7. there's been a shooting. i have the shooter with me. >> [ bleep ]. >> giving himself up to me. >> reporter: he was on a harley-davidson when he hailed down peter on his way to the incident. >> i surrender myself. >> reporter: he told peter he was the person police were looking for after allegedly injuring a woman at a house. >> no. he looks okay, but he's pretty remorseful at this stage. [ inaudible ] i can tell you that. >> reporter: the cameramanp kept him calm and kept up conversation for almost half an hour. he called police a second time. >> it's very important. it's extremely important. i have the person that you're looking for. >> i feel like a coward. you know, a coward.

i couldn't fight the devil. >> reporter: but as he was sitting on the ground he changed his mind about surrendering. smiling, he pointed the gun at peter. >> don't be a [ bleep ] idiot. don't be a [ bleep ] idiot. don't be an idiot. oh, geez. don't be silly. don't be silly. >> reporter: and stole the 7 news car. >> he was more than willing at first to yuan go quietly but i suppose something tweaked in his mind, i'll do this in a big way. >> police picked up peter. >> channel 7 cameraman. hijacked. [ inaudible ]. >> he does have a firearm? >> he does. he says it's a replica. >> he's heading south back towards [ inaudible ] in the channel 7 car.

>> he drove to a service station and then this. another of peter's cameras mounted inside captured the moment he crashed into a sign and then slammed into a gas tank. >> where is he? >> put your hands up. [ screaming ] >> get on the ground. get on the ground now. get on the ground. get on the ground. get back. [ screaming ] >> i don't think he had a weapon at the time but he moved pretty much straight over to the gas bottles and anything could have happened from there because you could hear gas leaking. >> the man was taken into custody but the drama didn't end there. the leaking tank contains 7,000

lee teres of gas. firefighters were called in, streets were locked down for hours. guy elston was at the service station. >> he walked up to me purposefully, looked me in the eyes and asked me for a cigarette lighter. >> reporter: he says brook tried to get inside. >> then he took about five steps back and took a running jump at the doors, pretty well knocked him unconscious. >> reporter: like today brook was charged with a number of offenses including attempted burdser. peter has been a news cameraman since 1980. >> i wanted to get that shot of him with the gun, but i didn't want to get shot. >> reporter: a man who normally records the news, is now making it. >> for a cameraman, i guess it's -- it was the sort of stuff you sort of dream of, i guess. you know, so yeah, i'm fine. i'm fine. i just need a big drink. >> reporter: carly waters, news. >> a big drink. that's it.

way to go, peter. thanks for watching, everyone. wolf starts right now. i'm wolf blitzer in washington. we want to welcome our viewers in the united states and around the world. josh earnings the white house press secretary speaking out on isis. the war that's going on against isis in iraq and syria. i wanted to listen in quickly. >> history about the aumf he's going to try to work on with congress, does he actually think that it's legally necessary to get a new authorization because of what he foresees about either the length or what this mission will entail going forward? >> the president believes that congress has already given him all of the authority that he needs to conduct this campaign against isil. that authority was confirmed by congress on the president when they passed the 2001 authorization to use military force. according to a wide variety of administration lawyers, the prid