I'M JON STEWART!

MY GUEST TONIGHT ONE ANGELINA JOLIE, DIRECTOR OF THE NEW FILM,

IT'S GREAT "UNBROKEN".

BUT FIRST, I WANT TO APOLOGIZE FOR YESTERDAY.

I BEGAN THE SHOW SOMEWHAT OVERWROUGHT BECAUSE NO ONE

INVOLVED IN THE DEATH OF ERIC GARNER WAS NEVER INDICTED.

AND I WANT TO APOLOGIZE BECAUSE I WAS WRONG.

>> THE PERSON WHO DID THE VIDEOGRAPHY OF THIS.

>> YES. >> THAT PERSON

WAS INDICTED BY A GRAND JURY IN STATEN ISLAND OVER GUN CHARGES.

>> Jon: GET IT? SOMEONE WAS INDICTED. THEY GOT

THE SHOOTER... OF THE VIDEO...

LET THAT BE A LESSON TO YOU KIDS OUT THERE.

PHOTOGRAPHING CRIME DOES NOT PAY.

BUT WHAT'S SO HARD TO UNDERSTAND ABOUT THIS IS THAT FOR MONTHS

WE'VE BEEN GOING BACK AND FORTH ABOUT WHAT REALLY HAPPENED WITH

DARREN WILSON AND MICHAEL BROWN IN FERGUSON, MISSOURI.

DID BROWN HAVE HIS HANDS UP?

DID HE NOT HAVE HIS HANDS UP?

WAS WILSON AFRAID FOR HIS LIFE WHEN HE KILLED BROWN?

REASONABLE PEOPLE -- AS WELL AS PLENTY OF (BLEEP)

ONES -- COULD -- OKAY, THEIR PICTURES DIDN'T COME

UP.

(LAUGHTER) -- COULD REACH DIFFERENT

CONCLUSIONS.

BUT IN THIS CASE THERE WAS NO AMBIGUITY.

EVEN WITH CLARITY THOUGH, PEOPLE CONTINUE TO BLAME

THIS DEATH ON ANYTHING BUT THE INJUSTICES OF A FLAWED SYSTEM.

>> WHAT A LOT OF PEOPLE DON'T UNDERSTAND IS THAT MAN WAS

A BIG MAN.

>> HE'S A HUGE INDIVIDUAL.

>> GARNER OUTWEIGHED THE OFFICER BY PROBABLY 150 POUNDS.

>> Jon: HE IS GIGANTOR! HE IS A FLOAT IN A PARADE.

THEY HAD TO BRING HIM DOWN!

HE WAS THE ABOMINABLE BRO MAN!

OK YEAH, HE OUTWEIGHED "ONE" COP BY 150 POUNDS.

WHAT ABOUT THE OTHER FIVE COPS? OR MAYBE THAT'S JUST HOW MUCH

RACIAL PROGRESS AMERICA HAS MADE?

YOU KNOW, IT USED TO BE BLACK PEOPLE WERE ONLY THREE-FIFTHS OF

A WHITE PERSON.

NOW, THEY'RE LIKE SIX!

UNLESS THERE'S SOME OTHER REASON HIS SIZE WAS RELEVANT?

>> IF HE HAD NOT HAD ASTHMA AND A HEART CONDITION AND WAS SO

OBESE, HE ALMOST DEFINITELY WOULD NOT HAVE DIED FROM THIS.

THE POLICE HAD NO REASON TO KNOW THAT HE WAS IN SERIOUS

CONDITION.

>> Jon: PLEASE...

ASTHMA, HEART DISEASE, OBESITY, YEAH, THOSE ARE SERIOUS

CONDITIONS BUT, COME ON!

COME ON, THE MEDICAL EXAMINER'S REPORT SAYS THAT GARNER DIED

FROM "COMPRESSION OF THE NECK" AND "COMPRESSION OF THE CHEST."

THAT SOUNDS MORE LIKE DEATH BY CHOKING THAN DEATH BY CHOCOLATE.

YOU KNOW WHAT I'M TALKING ABOUT. THE NYPD PATROL GUIDE DEFINES A

A CHOKEHOLD AS ANY PRESSURE TO THE THROAT OR WINDPIPE

WHICH MAY PREVENT BREATHING OR INTAKE OF AIR. WELL,

LISTEN TO ONE EXPERT EXPLAIN WHY THIS CASE ISN'T THAT.

>> I WOULDN'T USE THE TERM CHOKEHOLD AS A MARTIAL ARTITS

STUDENT, I WOULDN'T USE THAT TERM.

(LAUGHTER) >> Jon: GO ON, SENSEI.

>> IF YOU GO FOR THE TRACHE OR WHAT'S CALLED AN AIR CHOKE OR

THE WINDPIPE, YOU CAN LITERALLY KILL SOMEBODY.

THAT'S ILLEGAL BY EVERY POLICE DEPARTMENT STANDARD.

SO THE DEFINITIONS, IT MAY SOUND TECHNICAL, BUT IT REALLY ISN'T

IN THIS CASE, IS IT?

>> Jon: NO, IT IS, MR. MIYAGI, RESPECTFULLY.

THAT'S WHAT LITERALLY HAPPENED!

FACTS ON, FACTS OFF.

ALRIGHT, SO WE'VE ESTABLISHED BUT INCREDIBLY FRAGILE, OUT OF

SHAPE MONSTER WEAKLING. AGAIN, THEY WOULD JUST WANT YOU TO KNOW

AGAINST ALL AVAILABLE CRIMINOLOGY STATISTICS THAT

EVERYONE IS EQUAL UNDER THE LAW.

>> PEOPLE SAY VERY CASUALLY THAT THIS WAS DONE OUT OF RACIAL

MOTIVES OR OUT OF VIOLATIONS OF CIVIL RIGHTS.

>> THERE'S NOT A HINT THERE THAT ANYONE USED ANY RACIAL EPITHET.

>> Jon: SO, THE COPS HAVE TO USE THE N-WORD FOR IT TO BE RACISM?

YOU'VE NEVER HEARD THE PHRASE A PICTURE IS WORTH A THOUSAND

EPITHETS? I DON'T KNOW THAT PEOPLE ARE SAYING THAT

THIS COP IS RACIST BUT IT SEEMS THE ESCALATION OF

THESE INCIDENTS MAY BE A BY-PRODUCT OF A SYSTEM

THAT'S APPLIED UNEQUALLY AND WITH PREJUDICE.

BECAUSE IF IT'S NOT THAT, WHAT IS IT?

>> IN THIS CASE, THE POLICE OFFICER WAS DEALING WITH A

CRIMINAL WHO WAS RESISTING ARREST.

MAYBE IF MR. BROWN HADN'T COMMITTED HIS CRIMES AND THIS

GENTLEMAN HADN'T RESISTED ARREST, THEY WOULDN'T BE

DEAD TODAY.

>> Jon: YEAH, OR IF THEY DIDN'T CHOKE HIM.

I MEAN, NOT EVERYONE WHO RESISTS ARREST -- YOU KNOW WHAT,

I THINK I CAN DO THIS.

THIS YOUR HONOR, MAY I APPROACH?

NOT THAT WE WERE HAVING A TRIAL, OBVIOUSLY.

THAT'S WHAT THE GRAND JURY WAS GOING TO TRY TO GET TO BE DONE.

BUT IF IT PLEASES THE COURT, I WOULD LIKE TO INTRODUCE THAT

RESISTING ARREST DOESN'T ALWAYS LEAD TO THIS SORT OF THING.

HERE'S EVIDENCE, EXHIBIT A.

>> COME ON. >> GET OFF THE BEACH NOW.

>> GET THE (BLEEP) OFF MY ARM BEFORE -- GET THE (BLEEP) OFF.

GET OFF!

>> FOR BEING A NUISANCE. REALLY? I DIDN'T EVEN KNOW

THERE WAS A CHARGE FOR THAT.

>> I'M A (BLEEP) GOOD PERSON!

>> WATCH YOUR HEAD, WATCH YOUR HEAD.

>> Jon: YOU'RE TELLING ME SHE WAS LESS OF A MENACE TO SOCIETY

AT THAT TIME?

NOW I UNDERSTAND THAT SHE'S STRAIGHTENED HER LIFE OUT AND

HAS SHOWN US THAT SHE IS, AND I'M QUOTING HERE, A

(BLEEP) GOOD PERSON, BUT -- COME ON, PEOPLE, WON'T ANYONE ADMIT

THIS IS SYMPTOMATIC OF A LARGER ISSUE?

>> JOINING ME NOW IS KENTUCKY SENATOR RAND PAUL.

>> I THINK THERE'S SOMETHING BIGGER THAN JUST THE INDIVIDUAL

CIRCUMSTANCES.

>> Jon: THANK YOU!

RAND PAUL!

YOU KNOW, HERE IS A REPUBLICAN WHO HAS BEEN MAKING AN EFFORT TO

REACH OUT TO THE BLACK COMMUNITY.

HE'S BEEN TALKING ABOUT VOTING RIGHTS AND CRIMINAL JUSTICE.

SO THIS IS,THIS IS A START.

GIVE IT TO US STRAIGHT.

WHAT IS THE LARGER ISSUE HERE?

>> SOME POLITICIAN PUT A TAX OF $5.85 ON A PACK OF CIGARETTES,

SO THEY'VE DRIVEN CIGARETTES UNDERGROUND BY MAKING THEM SO

EXPENSIVE.

BUT THEN SOME POLITICIAN ALSO HAD TO DIRECT THE POLICE TO SAY,

HEY, WE WANT YOU ARRESTING PEOPLE FOR SELLING A LOOSE

CIGARETTE.

>> Jon: WHAT THE (BLEEP) ARE YOU TALKING ABOUT?

WELL, I GUESS NOW WE KNOW WHAT IT TAKES FOR A SENATOR FROM

KENTUCKY TO ADMIT CIGARETTES CAN KILL.

I DON'T KNOW WHAT TO SAY!

I APPRECIATE THE PURITY OF YOUR ANTI-TAX DOGMA, BUT THE

CIGARETTE TAX IS TRULY THE LEAST SALIENT ASPECT OF THIS CASE!

IT'S LIKE SAYING, YOU KNOW THE PROBLEM WITH THE HINDENBURG,

GOVERNMENT PARKING REGULATIONS.

THAT'S IT!

YOU KNOW, YOU'VE GOT BIG BROTHER OVER YOUR SHOULDER GOING,

EVERYBODY'S GOT TO DOCK!

(LAUGHTER) HONESTLY, ERIC GARNER COULD HAVE

BEEN OUT THERE WITH MIX TAPES OR A A SQUEEGEE OR A

SNOWCONE AND THE SAME KIND OF (BLEEP) COULD HAVE HAPPENED.

FOR THE SECOND TIME IN TEN DAYS, A GRAND JURY, WHICH AT

LEAST IN FEDERAL CASES HAS A 99% INDICTMENT RATE,

FAILED TO INDICT AN OFFICER WHO CAUSED THE DEATH OF AN UNARMED

CITIZEN. THEY DIDN'T INDICT HIM FOR ANYTHING.

NOT MURDER, NOT MANSLAUGHTER, NOT EVEN RECKLESS ENDANGERMENT

WHICH IS LIKE ONE DEGREE ABOVE A PARTY FOUL.

AND FOR SOME REASON TO QUESTION A SYSTEM PRODUCING THAT RESULT

IS SOMEHOW OFFENSIVE.

>> THIS PROCESS HAS TAKEN PLACE.

IT'S OUR CONSTITUTION.

IT'S THE LAWS WE LIVE BY.

GET OVER IT.

>> THEY ARE TEARING DOWN RESPECT FOR A CRIMINAL JUSTICE SYSTEM

THAT GOES BACK TO ENGLAND IN THE 11th CENTURY.

>> Jon: SO DOES WITCH BURNING AND (BLEEP) WHERE WE DRINK.

BUT WE'VE CONTINUED TO IMPROVE UPON THOSE PROCESSES!

YOU KNOW, FROM WHAT I UNDERSTAND, THE CRIMINAL JUSTICE

SYSTEM HAS TWO SEPARATE BUT EQUALLY IMPORTANT PARTS -- THE

POLICE WHO INVESTIGATE CRIMES AND THE DISTRICT ATTORNEYS WHO

PROSECUTE!

(LAUGHTER) OKAY.

I GOT THAT FROM TV.

GRAND JURIES ALMOST ALWAYS DO WHAT THE PROSECUTOR WANTS.

SO MAYBE WE NEED TO LOOK AT WHEN IT COMES TO THE POLICE IF

PROSECUTORS REALLY DON'T WANT TO INDICT THEM BECAUSE THEY WORK

WITH THEM AND THEY NEED THEM AND THEY'RE ON THE SAME SHOW WITH

THEM, THEY'RE COLLEAGUES, AND THAT MAKES FOR A VERY

UNCOMFORTABLE SITUATION.

HEY, BEFORE I TRY AND SEND YOU TO PRISON, THERE'S SOMETHING I

GOTTA ASK YOU -- THIS YEAR, ARE YOU MY SECRET SANTA?

(LAUGHTER) WE'LL BE RIGHT BACK.