MSNBC "The Ed Show" - Transcript: Ferguson, Missouri

Interview

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REP. JAMES CLYBURN, (D), SOUTH CAROLINA: Thank you very much for having me.

SCHULTZ: When do these protests end? You`re thoughts on what has unfolded in recent days. The showing up of the National Guard certainly didn`t alleviate any of the pressure on anybody last time. What`s your analysis at this point?

CLYBURN: Well, Ed. The only thing I didn`t compare this to is a history of these kinds of protest. I agree with Ron Johnson, we can make the point by carrying out these protests early in the evenings. I don`t know that we had to wait until midnight in order to petition for a redress of grievances. I was thinking just today, all the times I was ever arrested for protesting, it was all between 10:00 AM and noon. And we were very effective in carrying out our redress.

I do believe that they ought to allow the people come home from work 6:30-
7:00 in the evenings, let`s have big protest movements, let`s go to a central place and express our feelings and then let`s retire to our residence so that we can be on time, just talk things over the next day.

Something needs to be done to keep the peaceful people of Ferguson away from those people who are using the cover of darkness to carry out their unlawful activities. I agree with Mr. Johnson that that is the way we ought to go from this point forward.

SCHULTZ: Congressman, is it fair? People in Ferguson have been arrested for refusal to disperse while none of the Bundy militia people are arrested at all. In fact, agents backed off.

CLYBURN: That`s my point. I think that when you have this lawless element, using the cover of darkness, police officers get nervous, and we can understand that. I do believe that the police ought to be assisting the protesters but I think that the people of the community may ought to work with Mr. Johnson and seek, and we get these grievances addressed in a way that can be effective. It`s one thing, just to do something. It`s something else to be effective in what you do. I want to see the protest effective.

SCHULTZ: Congressman, the role of the president and the attorney general, obviously, Attorney General Eric Holder has limited power. He can`t tell the governor what to do. He can`t come in and change the prosecution. He can`t set the grand jury. So from a federal level, from what we have seen so far, what are your expectations and how is this all going to end as you see it?

CLYBURN: Well, we have two tracks going here. Was the officer criminal in what he did? If so, that`s a state issue. Did that officer violate the civil rights of Michael Brown? That is a separate, and I think a federal issue. So I don`t see why these things have to be mutually explosive. These things can go on separate tracks at he same time. And maybe you want to stay -- the civil proceedings until after the criminal proceedings are over but in order to conduct the kind of investigation that needs to be conducted, you don`t have to wait to investigate it.

I think that the FBI, other federal officials can move now to begin developing the civil rights case as the grand jury it will be -- either behind closed doors to consider whether or not any criminal charges ought to be brought.

Haven`t said that, remember that the president of the United States, whenever he cares to do so, can in fact federalized the National Guard. It has been done in these kinds of cases before, both Republican Presidents and Democratic Presidents. So there`s nothing partisan about going forward to this. Dwight Eisenhower did it back in Little Rock Arkansas back in the 1950s. And John F. Kennedy did it in the 1960s. So, this is not a partisan event here. The President will be within his rights to federalize the National Guard if it comes to that.

SCHULTZ: And what would bring it to that in you opinion?

CLYBURN: Well, I think after the report of the shooting today, over in Saint Louis, all of these is kind of up in the air. I hesitate to say what might happen tonight because I don`t what all the facts are surrounding that shooting over in Saint Louis. But I do believe that the President is right to send Mr. Holder there, and I hope that the Attorney General will be very vigilant in carrying out his duties and responsibilities. And I would hope he would interact with the people there especially the clergy who I saw on TV last night. They seem to have things pretty much under control, is so far as they can deal with it.

SCHULTZ: OK. Congressman James Clyburn, I appreciate your time tonight. Thanks for joining us here on THE ED SHOW.

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