American Business and Politics: With Liberty and Justice for Some

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On Thursday, Attorney General Eric Holder, the country’s first African American AG, announced he was leaving the Department of Justice after five and half years in the role, Ryan Gorman reports, US Attorney General Eric Holder to step down. The 63 year old will remain with the Justice Department until his successor is named, but is certain about his departure , according to NPR. While the Obama administration wanted him to stay the full eight years, the final decision was Holder’s to make. According to the source who told NPR, Holder is leery about remaining much longer over fears he “could be locked in to stay for much of the rest of President Obama’s second term.” The decision was made over the Labor Day weekend by Holder and Obama. Possible successors include former White House counsel Kathryn Ruemmler and Solicitor General Donald Verrilli, according to the Wall Street Journal. Manhattan U.S. Attorney Preet Bharara’s name has also been mentioned in reports. Holder is the 82nd AG and worked as the deputy attorney general under President Clinton in the 1990s. His troublesome tenure, the fourth longest in history, was riddled with political infighting and racial divided across the nation, culminating with the Michael Brown shooting last month in Ferguson, Missouri. The AG was dispatched directly to the St. Louis suburb to handle he inquiry into the unarmed black teen’s death at the hands of white police officer Darren Wilson. Nedra Pickler reports, Holder resigning: Attorney general backed rights, in an emotional ceremony at the White House, Obama said Holder did a superb job and credited him with driving down both the nation’s crime and incarceration rate for the first time in 40 years. Obama said, “He believes as I do that justice is not just an abstract theory. It’s a living and breathing principal. It’s about how our laws interact with our daily lives.” In a speech earlier this week, Holder described the dual personal perspective he brought to the job and how it applies to the Ferguson shooting. He said he has the utmost respect for police as a former prosecutor and the brother of an officer, but added, “As an African-American man who has been stopped and searched by police in situations where such actions were not warranted, I also carry with me an understanding of the mistrust that some citizens harbor.” Holder told the Associated Press in an interview that he’s not sure whether the Justice Department will finish its investigation into the shooting before he leaves. Holder said “I don’t want to rush them” and once out of office, he will direct attention to “issues that have animated me” during his tenure, including criminal justice and civil rights. Holder said his biggest regret was “the failure to pass any responsible and reasonable gun safety legislation after the shootings in Newtown and thought after the Connecticut shooting that the nation would embrace change that was “not radical but really reasonable” on gun ownership. As the article reports: “He was a lightning rod for conservative critics and faced a succession of controversies over, among other things, an ultimately abandoned plan to try terrorism suspects in New York City, a botched gun-running probe along the Southwest border that prompted Republican calls for his resignation, and what was seen as a failure to hold banks accountable for the financial system’s near-meltdown. Stung by criticism that the department hadn’t been aggressive enough in targeting financial misconduct, Holder in the past year and a half secured criminal guilty pleas from two foreign banks and multibillion-dollar civil settlements with American banks arising from the sale of toxic mortgage-backed securities. Even then, critics noted that no individuals were held accountable.” Jim Kuhnhenn sums up the legacy of the nation’s first black attorney general and one of President Barack Obama’s longest servicing Cabinet member in his article Holder’s legacy: counterterrorism to civil rights:

TERRORISM

“Holder declared that waterboarding was torture, ordered a review of CIA interrogations, and defended the use of drone strikes overseas. His Justice Department successfully prosecuted terrorism suspects, including Osama bin Laden’s son-in-law. He was widely criticized by Republicans and some Democrats for his plan to try professed Sept. 11 mastermind Khalid Sheikh Mohammed and other alleged co-conspirators in New York, a plan he ultimately dropped.”

CIVIL RIGHTS

“He fought against voter ID laws, urged federal prosecutors to shy away from seeking mandatory minimum prison sentences for nonviolent criminals, introduced new clemency criteria and backed proposals to give leniency to certain drug convicts. He also advanced legal protections for gay couples, declaring in 2011 that the Justice Department no longer would defend the constitutionality of a 1996 law that prohibits federal recognition of same-sex marriage.”

DEATH PENALTY

“Though not a proponent of the death penalty, Holder approved pursuing capital punishment in numerous federal cases. But in the aftermath of a botched execution earlier this year in Oklahoma, Obama asked Holder to study the protocols used by states in applying the death penalty. The Justice Department already was reviewing practices used by the Bureau of Prisons and had placed a moratorium on federal executions.”

FERGUSON

“Holder became the administration’s point man in the federal response to the police shooting of an unarmed black 18-year-old in Ferguson, Missouri. He ordered a civil rights investigation into the Ferguson Police Department. In the shooting’s aftermath, Holder also enlisted a team of criminal justice researchers to study racial bias in law enforcement.”

FAST AND FURIOUS

“Holder became the first Cabinet member to be held in contempt of Congress amid a dispute over document production in a long-running congressional investigation of a flawed law enforcement gun-smuggling probe along the Southwest border.”

MEDIA CRACKDOWN

“Under Holder’s watch, the Justice Department cracked down on news media reporting on national security matters. The department secretly subpoenaed phone records from Associated Press reporters and editors and used a search warrant to obtain some emails of a Fox News journalist as part of a separate leak investigation.”

While Obama has received several blows in recent years to his Cabinet that ended with resignations, the fight for fairness and accountability in America seems to be on an upswing regarding business practices in the public and private sector. Janet McConnaughey reports, Businesses won’t have to return BP spill payouts, a federal judge Wednesday said that the oil giant BP must stand by its agreement with companies to compensate them for losses blamed on the 2010 Gulf oil spill. BP argues that the flawed funding formula enabled nearly 800 businesses to overestimate their spill related claims. Attorney Kevin Downey argued about 150 claimants should return a total of $185 million and overpayments to the rest haven’t been calculated. U.S. District Judge Carl Barbier agreed weeks ago to change the compensation formula for any future payments, but ruled Wednesday that a deal is a deal when it comes to the money BP has already paid out. Under that deal, claimants agreed not to sue, and BP agreed that no future court action could change their payments. Company spokesman Geoff Morrell said, “BP disagrees with today’s decision and will appeal it. We asked the Court, as a matter of equity and fairness, to order the return of excessive payments.” Barbier said he would rule later on the issue of compensation for cleanup workers whose chronic medical problems weren’t diagnosed until after the deal’s cutoff date of April 16, 2012. The settlement entitled cleanup workers with chronic conditions including rashes and breathing problems to receive up to $60,700 if the problems first surfaced within days of their cleanup work. Pavel Molchanov, an energy analyst for Raymond James, said, “In 2010 and 2011, BP was willing to cut any deal necessary with anyone to reduce its legal risk. Now the company is taking a more assertive approach.” The judge’s ruling this month that BP showed gross negligence and willful misconduct added a new level of uncertainty around BP’s spill-related expenses, reducing its market value by $9 billion in a single day. BP’s total potential liabilities now include up to $18 billion in fines and penalties that could be imposed for violating federal pollution laws, and more than $27 billion BP says it has already paid to restore the coast and settle damage claims. The claims office said it has paid $4.1 billion to more than 50,700 people and businesses as of Wednesday, and it’s not done yet – the settlement fund is not capped. Meanwhile, the U.S. must pay $554 million to the Navajo Nation for mismanaging reservation resources and leaving the largest Native American tribe in the country at incredible disadvantages for decades, according to the AOL article, U.S. Will Pay $554M Settlement to Navajo Nation. The payout negotiated earlier this year is the largest payout to a tribe in U.S. history and tribal leaders say the payout is much needed, reports Ben Shelly via YouTube. Spread across Arizona, New Mexico and Utah, the Navajo Nation has more than 300,000 members. The region is rich with natural resources like oil, gas and coal, other resources like water and agriculture land are scarce, the Navajo Tourism Department state. In a video via Indian Country Today, the Navajo lawsuit from 1946 to 2012 said the U.S. didn’t negotiate the best deals from companies mining natural resources from the region and didn’t make sure the Navajos were compensated properly. A CCTV investigation in 2012 found that more than 40 percent of the nation’s members lived without running water or electricity. This is another in a long line of settlements by the Obama administration with Native Americans, who had tried in vain for generations to battle government practices and a system that dated back to the 1800s. The Washington Post reports many tribes with pending litigation wrote to President Obama in 2009 asking the administration to expedite settlements instead of going to court. On the minimum wage front, Claire Zillman reports, 101-year-old law puts minimum wage at heart of Wisconsin governor’s race, a complaint filed with thew state’s department of workplace development Wednesday, by 100 low wage workers and the group Wisconsin Jobs Now, argues that the state’s $7.25 minimum wage violates a 1913 law unique to Wisconsin that requires that the state minimum wage “shall not be less than a living wage,” which is defined as one that ensures “reasonable comfort, reasonable physical well-being, decency, and moral well-being.” The filing is an attempt to force the hand of Governor Scoot Walker on the state’s minimum wage and by law required the administration’s department of workplace development, whose secretary was appointed by Walker, must determine if there’s a basis for a minimum wage hike within 20 day. The timing of the filing comes amidst a fierce race between Walker, who opposes a minimum wage hike, and his opponent in the race for governor, Democrat Mary Burke. A Marquette Law School poll from late August showed Walker leading narrowly by three points. In a statement to Fortune, Walker’s office said the workplace development department is reviewing the complaint: “Governor Walker wants jobs in Wisconsin that pay two or three times the minimum wage. He is focused on finding ways to help employers create jobs that pay far more than the minimum wage or any other proposed minimum.” While the “living wage” law is unique to Wisconsin, there are four other states—California, Connecticut, New Jersey, and Massachusetts—that give the governor the power to increase the minimum wage, according to NELP. On Thursday, Tom Huddleston Jr. reported, Dow Jones plunges more than 260 points amid massive market sell-off, all 30 Dow companies lost value making it one of the worst trading days this year amid investor concern about global instability and the possibility of higher interest rates. The Dow Jones Industrial Average fell 264 points, or 1.5%, to close below the 17,000-point mark at 16,945.80. All 30 companies on the blue-chip index saw their shares drop. JPMorgan Chase JPM and UnitedHealth Group UNH saw the biggest declines among Dow Jones companies, dropping 2.4% and 2.3%, respectively. The S&P 500 and the Nasdaq fell 1.6% and 1.9%, respectively, as each index has now declined in four of the past five days of trading. The reason for the fall as Huddleston Jr. reports is due the Obama administration announcement of regulations aimed at fighting corporate tax inversions and the U.S.-led airstrikes conducted in Syria. In addition, reports of a leadership change in China’s central bank and the announcement on Thursday by Richard Fisher, president of the Federal Reserve Bank of Dallas, that the U.S. Federal Reserve could start raising interest rates in spring 2015 sooner than expected has created uncertainty among investors.

While big names in the political and business arena suffered minor set back this week, the people in the trenches so to speak have been dealt an even bigger blow only adding to the already heightened racial tensions and well deserved criticism of the justice system. CNN reports, No indictment in police shooting death of Ohio man carrying air rifle, the grand jury in Ohio has decided not to indict police officers for an August shooting death of a 22 year old man carrying an air rifle at a Walmart store in Beavercreek, Ohio. On Wednesday, prosecutor Mark Piepmeier said, “The grand jury listened to all the evidence, voted on it and decided that the police officers were justified in their use of force that day.” In a statement, Ohio Attorney General Mike DeWine said the U.S. Justice Department will review the shooting of Cincinnati resident John Crawford III: “Now that the state criminal investigation has finished, it is an appropriate time for the United States Department of Justice to look into whether any federal laws were violated during this shooting.” In a statement, Michael Wright, attorney representing the Crawford family, said: “It makes absolutely no sense that an unarmed 22-year-old man would be killed doing what any American citizen does every day: Shopping at a Walmart store. The Crawford family is extremely disappointed, disgusted and confused. They are heartbroken that justice was not done in the tragic death of their only son. The Crawford family feels they have been victimized all over again and once again request that the U.S. Department of Justice conduct an independent investigation into the tragic death of John H. Crawford, lll.” According to the report: “Crawford was shot and killed by police at a Walmart in Beavercreek on August 5 while carrying an air rifle through the store. Police responded to the scene after a witness called 911 and told dispatchers that Crawford was walking around with a rifle and ‘waving it back and forth.’ According to police, when officers arrived, Crawford did not comply with their commands to drop his weapon. He was shot twice, once in the elbow and once in the torso, Piepmeier said. Crawford died shortly after being transported to a nearby hospital. His death was ruled a homicide by gunshot wound to the torso, according to the local coroner’s office.” Prosecutors showed surveillance video from inside the store, which was made public on Wednesday. The two police officers involved, Sgt. David Darkow and Officer Sean Williams, have been on paid administrative leave after the shooting, but Darkow returned to active duty, according to Beavercreek city attorney Stephen McHugh. Williams will be assigned to administrative desk duty until a federal review of the circumstances surrounding Crawford’s death is complete, according to a statement. Wright said Walmart surveillance video and eyewitness accounts prove Williams “shot and killed Mr. Crawford while his back was turned and without adequate warning.” Beavercreek City Manager Michael Cornell and Police Chief Dennis Evers have requested that the FBI review the case to determine whether there were civil rights violations, the statement said. The nine-member grand jury, which convened on Monday, heard from 18 witnesses. An indictment on charges of murder, reckless homicide or negligent homicide would have required seven votes, Piepmeier said. Meanwhile, Ryan Gorman reports, White SC Trooper faces 20 years in prison for shooting unarmed black male, a newly released video shows a white South Carolina A State Trooper shooting an unarmed black male who was reaching for his driver’s license. Lance Corporal Sean Groubert, 31, was fired from the force and has been charged with a felony in the wrongful shooting of Levar Jones, who luckily survived the incident. Groubert pulled Jones over September 4 for a seat belt violation and shot the man without any provocation, according to The State. The former cop faces 20 years in prison if convicted. Jones was not armed and showed no aggression toward Groubert. Luckily, Jones was shot in the hip, but not seriously hurt and was released from the hospital by the time Groubert was fired last Friday. The disgraced officers was arrested Wednesday and charged with assault and battery of a high and aggravated nature with a bond set at $75,000, records showed. Unfortunately, the incident comes on the heels of other high profile cases that involved the shooting of unarmed black men by police this summer, most notably the killing of Michael Brown in Ferguson, Missouri.

As for the Ferguson, Missouri case, 47 days after the incident, Ferguson Police Chief Thomas Jackson has apologized to the parents of the unarmed black teen shot dead by one of his cops, Ryan Gorman reports, Ferguson police chief apologizes for Michael Brown shooting — 47 days later. During a Thursday morning press conference, according to St. Louis television station KMBC, Jackson said, “I’m truly sorry for the loss of your son. I’m also sorry that it took so long to remove Michael from the street.” He added his investigators had to secure the crime scene and collect evidence, but the four hours Brown’s body laid in the street was unacceptable. Jackson ended by saying that the investigating officers meant no disrespect to the Brown family, the African American community or the people of Canfield, where Brown lived and was shot. The aftermath of the Brown shooting brought national attention as civil rights leaders and protesters took the streets to express their anger and clashed with police in the process. Regarding this matter, Jackson apologized for the inadequate protection for peaceful protesters as riots raged around them. He said, “The right of the people to peacefully assemble is what the police are here to protect. If anyone was exercising that right and is upset or angry, I feel responsible.” Things had calmed down in the weeks after Brown was laid to rest, however, flared again this week when his memorial caught fire. This lead to violence as protestors armed with guns, rocks and bottles attacked police, according to reports. Thieves vandalized and looted stores with one store was almost set on fire with gasoline. On Thursday, several protestors were arrested after Ferguson police chief Tom Jackson began marching with he crowd and a scuffle broke out near him, CNN and St. Louis television station KMOV reported. Carey Gillam reports, Police, protesters clash at rally in Ferguson, protestors have pledged continued civil unrest until Wilson is arrested and charged in Brown’s death, while a grand jury in St. Louis County is examining the case and the U.S. Justice Department. Benjamin Crump, an attorney for Brown’s parents, declined to comment on Jackson’s apology. Brown’s parents were in Washington on Thursday calling for federal legislation requiring police officers to wear body cameras to document their activities.

Will Justice Be Served in Ferguson, Missouri?


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The video above shows the suburban St. Louis police officer who threatened to kill protestors with his weapon drawn in Ferguson is Lt. Ray Albers, according to his boss, Sebastian Murdock reports, CONFIRMED: Cop Who Threatened Ferguson Protesters Is Lt. Ray Albers. The 20 year police veteran and Army veteran of four was caught on video screaming at protestors, “I will fucking kill you,” while pointing his rifle at civilians, St. Ann Police Chief Aaron Jimenez told The Huffington Post Wednesday night. Jiminez said Albers told the chief he felt sick to his stomach and “should of known better.” He was placed on indefinite, unpaid suspension while an investigation is underway. Jimenez said, “It’s frustrating, because we told [our officers] before we went down there that there would be lots of people trying to antagonize to provoke them into saying something. Whether you’re a pedestrian or protesters, you have to be professional, and [Albers’] actions weren’t in any way, shape or form. He saw three to four suspects with bandanas on, and saw one of them raise a gun towards him. That made him draw his weapon up to the crowd, and he was scanning and moving that weapon back and forth, trying to asses the scene. … Him seeing the gun in the crowd, he had every right to protect himself in fear of danger until he assessed the scene. Most of the protesters are really good people, but there’s a small percentage of people that are out there trying to antagonize and make the protesters look bad. When he was asked the name, you need to be giving your name so they know who to contact. So when he said, ‘Go F yourself,’ that was uncalled for too.” On Tuesday, President Barack Obama said the day after two journalist were arrested while covering Ferguson: “Here, in the United States of America, police should not be bullying or arresting journalists who are just trying to do their jobs and report to the American people on what they see on the ground.” The explanation for so many journalist being arresting in Ferguson, according to Capt. Ron Johnson of the Missouri Highway Patrol: “We’re not sure who’s a journalist and who’s not. And yes if I see someone with a $50,000 camera on his shoulder I’m pretty sure. But some journalists are walking around and all you have is a cell phone because you’re from a small media outlet.” Legally, the police are within their rights as a general counsel for the National Photographers Press Association told The Poynter Institute that while reporters are protected by the first amendment, police can order journalist away from a dangerous area and non compliance with the order can lead to arrest. 48 news organizations have penned a letter to the Ferguson police force citing concerns for journalistic freedom and asking for increased transparency for law enforcement.

On Wednesday, U.S. Attorney General Eric Holder arrived in Ferguson to meet with federal investigators and reassure residents of the racially torn suburb, Jim Suhr reports, Holder: ‘Change is coming’ after police shooting. The visit comes as a grand jury the same day in Clayton heard evidence to determine whether the officer who shot Brown would be charged. Outside the St. Louis County Justice Center in Clayton, where the grand jury was convened, two dozen protestors gathers in a prayer circle, chanted and held signs asking prosecutor Bob McCulloch to step aside due to deep family connections with police cited by black leaders concerned about his ability to be impartial in the case of Darren Wilson who fatally shot Brown on Aug. 9. McCulloch’s father, mother, brother, uncle and cousin all worked for the St. Louis Police Department, and his father was killed while responding to a call involving a black suspect. The protests were subdued Tuesday night with smaller crowds, fewer confrontations and no tear gas. However, 47 arrests did occur mainly due to people defying orders to disperse. IN a letter published late Tuesday on the St. Louis Post Dispatch website, Holder promised a thorough investigation and the arrest patterns “must not lead to disparate treatment under the law, even if such treatment is unintended. And police forces should reflect the diversity of the communities they serve.” The department has mounted an unusually swift and aggressive response to Brown’s death from conducting the independent autopsy to sending dozens of FBI agents to Ferguson to find witnesses to the shooting. As for the county grand jury, prosecutor’s spokesman Ed Magee said Wednesday that there is no timeline for how long the process could take, but it could be weeks. In a public statement, officials said, “We plan to learn from this tragedy, as we further provide for the safety of our residents and businesses and progress our community through reconciliation and healing.”

As for the officer responsible, an incomplete picture of Texas born Ferguson officer Darren Wilson has emerged since the Aug. 9 shooting as either an aggressor whose deadly gunfire constituted a daylight execution or a law enforcer wrongfully maligned for just doing his job according to Jim Suhr, Picture emerges of officer in Ferguson shooting. The Brown family’s attorney labeled Wilson as a murderer, though the investigation continues and no charges are filed. An online fundraising drive on Wilson’s behalf as of Thursday has raised $77,000 in donations. Former high school classmate and hockey buddy, Jake Shepard, said having talked to Wilson since the shooting: “I think he’s kind of struggling a little bit, but I think he’s doing OK. He didn’t really want to talk much about it. But I can tell you for sure it was not racially motivated. He’s not the type of person to harbor any hate for anybody. He was always nice, respectable and well-mannered, a gentleman. He doesn’t have anything bad to say about anybody, ever. He’s very genuine.” Similar depictions of Wilson have come from his boss, Ferguson Police Chief Tom Jackson.

The Situation in Ferguson Continues to Worsen as the National Guard Steps In

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On Sunday, U.S. Attorney General Eric Holder ordered a federal medical examiner to do another autopsy on the black Missouri teenager who was fatally shot by a white police officer that incited a week of peaceful and sometimes violent protests in suburban St. Louis, Nigel Duara and Jim Suhr report, Federal autopsy ordered in Missouri teen’s death. Department of Justice spokesman Brian Fallon cited a family member’s request and the “extraordinary circumstances” surrounding the case of 18 year old Michael Brown to explain the decision. In statement, Fallon explained: “This independent examination will take place as soon as possible. Even after it is complete, Justice Department officials still plan to take the state-performed autopsy into account in the course of their investigation.” Justice Department officials said a day earlier 40 FBI agents went door to door gathering information in the Ferguson, Missouri, neighborhood where the unarmed Brown was shot to death in the middle of the street on Aug. 9. Holder’s latest announcement followed the first night of state imposed curfew in Ferguson which ended with tear gas and seven arrests after police in riot gear used armored vehicles to disperse protestors. Missouri State Highway Patrol Capt. Ron Johnson explained the protestors were not the reason for the escalated police reaction early Sunday after the midnight curfew, but a report of people who broke into a barbeque restaurant and took to the roof and a man flashed a handgun in the street as armored vehicles approached a crowd of protestors. The protests have been going on since Brown’s death intensified racial tensions between the black community and mostly white Ferguson Police Department, causing several clashes with police and protestors prompting Missouri’s governor to bring in the Highway Patrol to take over security. As the curfew arrived on Sunday, most left but some protestors refused to leave the area as officers announced over a loudspeaker: “You are in violation of a state-imposed curfew. You must disperse immediately.” As officers put gas masks on, a chant from the crowd erupted: “We have the right to assemble peacefully.” A moment later, police fired canisters into the crowd including tear gas and smoke, according to what Highway Patrol Spokesman Lt. John Hotz told the Associated Press. Nigel Duara and Jim Suhr reports, Private autopsy reveals Brown was shot 6 times, the preliminary autopsy revealed Brown was shot six times including twice in the head. Dr. Michael Baden, a former New York City chief medical examiner, told the New York Times that one bullet entered the top pf Brown’s skull suggesting that his head was bent forward when he suffered the fatal injury. In addition, Brown was shot four times in the right arm and all bullets were fired into his front. David Weinstein, a former federal prosecutor who supervised the criminal civil rights sections of Miami’s U.S. attorney’s office, said a federally conducted autopsy “more closely focused on entry point of projectiles, defensive wounds and bruises.” Back in Ferguson, the latest clashes happened three hours before Gov. Jay Nixon’s state imposed curfew as police shouted over bullhorns that the protest were no longer peaceful making it unclear why officers acted ahead of the deadline to get people off the streets.

Earlier in the day, Missouri State Highway Patrol Capt. Ron Johnson, whose agency is in charge of security in Ferguson, said he had met with Brown’s family and the experience “brought tears to my eyes and shame to my heart.” He added: “When this is over. I’m going to go in my son’s room. My black son, who wears his pants sagging, who wears his hat cocked to the side, got tattoos on his arms, but that’s my baby. “We all need to thank the Browns for Michael. Because Michael’s going to make it better for our sons to be better black men.” Police had little to say about the encounter between Brown and the officer, except to say the officer and Brown were involved in a scuffled that resulted in Brown being shot and the officer being injured. However, witnesses say the teenager had his hands in the air as the officer fired multiple shots. The officer who shot brown was identified as Darren Wilson, a six year veteran of the force and had no prior complaints against him. Wilson has been on paid administrative leave since the shooting and the department will not say anything about his whereabouts. On Sunday, 150 people gathers in St. Louis to show support for Wilson as the crowd protested outside a TV station who broadcast in front of the officer’s home. The St. Louis Post Dispatch said the station, KSDK, apologized. The group composed mostly of police and relatives of officers carried signs urging people to wait for all the facts. Unfortunately, due to the tense situation escalating after the first night of the curfew, Missouri Governor Jay Nixon on Monday ordered the National Guard to the St. Louis suburb, Nigel Duara and Jim Suhr report, Mo. governor sends National Guard to Ferguson. Nixon said the National Guard will help restore peace and order to Ferguson where over the fatal shooting of 18 year old Michael Brown has entered its second week. Police defended their action toward protesters and only responded due to gunfire, looting, vandalism and protesters who hurled Molotov cocktails. In a statement, Nixon said: “These violent acts are a disservice to the family of Michael Brown and his memory and to the people of this community who yearn for justice to be served and to feel safe in their own homes.” Capt. Ron Johnson of the Missouri Highway Patrol, who is in command in Ferguson, said: “Based on the conditions, I had no alternative but to elevate the level of response.”