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FBI and NYPD at Odds Over Terror Suspect ?

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    Another close call for NYC

  • Duration 5:56
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Welcome back to on the hundred foxnews.com line I'm Jonathan Hunt time -- the weekly.

Hit list bill Daley former FBI -- and senior VP of control risks and Tom Ruskin former NYPD detective president of the CMP group joining us now.

Good to have you gentlemen may soon you don't -- -- Tom.

Let's show the video of the UC Davis call University of California Davis call.

Who -- sprayed these students sitting there we got that video session.

We don't have that they were gonna get it in -- -- but you we don't know the video we'll show it as good as we told.

The we would -- always in these things we don't see what leads up to it right but the actual act of pepper spraying those kids looked on the face of it.

-- and little action a little extreme shall we say what.

You'll take on the same thing it's a little extreme I mean there were other ways to deal without.

Sure what you do is you have the cops come and it's not like they've chain themselves is not like there resisting.

And they're resisting its aides say.

Form of resisting that the police officers a number -- can overcome.

Would you do we should come in -- separate them physically you may have to wrestle with them a little bit you place them into custody and you would take them away.

Your action well actually has never thought it was actually assaults -- -- -- salt and pepper to.

-- -- you're good yeah.

I.

Actually got taken Chara played on its side of the diamond I think that it Tom's point you have to always and and policing gauge just look at what the forces you to counter the threat.

And in this case -- -- we're seeing.

It is that we didn't see a threatening situation he was sitting on a sidewalk they're blocking traffic.

Yeah because -- is amid the mayhem but.

If you -- -- easy to break them apart to move people away and then measure isolate those individuals that they resist arrest and of course you can counter that that threat with the proper.

All right let's take a quick look at it becomes a video -- and can carry on Tom -- -- reason for using pepper spray Croat or base by police is to keep.

Instead of using your god it's an alternative to deadly physical force and -- we have an officer walking back and what.

And again we don't know what happened that preceded it we don't know.

They would definitely given orders to leave what they would but -- Solana.

On -- sidewalk on look at things that he does then don't blocking a street along which -- other than not -- don't we see that but normally drive so there.

I mean they could could they not -- just let the system I mean Molly was -- That's accounted for this and I think as we've actually seen happen a lot of the other occupy movements I mean we've we've seen actually.

Quite limited tolerance and even to the chagrin I would probably say of of many of us citizens in a place like New York City.

Where we've allow these people actually.

Have more liberty than a regular citizen would mean if you -- -- to sit down and -- -- -- or or on the sidewalk.

We quickly be arrested and taken away but we're -- some latitude and in this case again -- appears -- only look at -- video clip we haven't you know weren't there we don't know what the circumstance surrounded.

It seems as though they kind of just sat there kind of won a map to a bit of attrition break them apart physically.

And then and move them away without causing that type of it just visually what you should just partly as a very very four appearances.

-- didn't look good we also have our own up pepper spray expert on this and use today ball -- I believe we have a different picture of all this is -- -- -- an accident.

And I really if you don't use looking at all -- Who exactly you still haven't started a little self help -- -- clearing up Wall Street was really you know really and I thought that.

I don't what do you approach.

Many wanted to tackle all I just I don't wanna do it pepper sprayed Turkey.

It's -- that actually was it was a -- that was on the other other side of that.

-- -- -- you really get.

Then what happens -- -- It appears twice joke that was I think it must have been like paprika spray or something because they.

-- -- -- -- Some of them gone out and well according to -- Kelly aren't Megyn Kelly it is -- food product -- guaranteed his traded until like no replied well you'll see how.

-- trending very -- for her -- that it's like.

A -- I'm not gonna get into -- -- a fumble probable cause of the mere idea I enjoy your conclusions anyway let's move on to another.

Subject guys the the arrest this week of this weekend.

This this guy here in the city New York City.

Charged with trying to make pipe bombs.

I was fascinated by this because the NYPD.

Commissioner Ray Kelly.

Said this guy was on the point of walking out of his -- win one of these bombs he was making a bomb he was a direct and imminent threat -- the FBI on the other hand.

Apparently where it there were also get involved in this twice and said no he's you know basically -- -- -- he's mentally unstable he doesn't have the ability to carry out his plans.

How can those two agencies and -- -- you first come how come there's two agencies have such a different view of one man.

State.

Government and local law enforcement has a responsibility to the state.

And most of the charges that local law enforcement gets involved -- go to state courts which is what's happened to mr.

Goodman tell.

As -- his arrest this weekend.

Every once in -- a case supersedes.

State authority and would be better -- -- the federal court.

And then at the local police the -- in this case New York City.

Would have worked with -- TT have to joint terrorist task force which made up of state police.

New York city police officers and FBI agents and they would have.

Referring to -- to the US attorney obviously they kept the US attorney and the FBI apprised of the case.

And obviously they declined prosecution they felt it would be better in state court and that's what ultimately happened.