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tv   Don Lemon Tonight  CNN  November 5, 2021 12:00am-1:00am PDT

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okay everyone, a lot to discuss. two big trials underway in different parts of the country, kyle rittenhouse homicide in wisconsin and the case of three white georgia men accused of murdering a 25-year-old out jogging. one dismissing a juror for telling a joke about jacob blake. the judge says that it gives an appearance of racial bias which he said could under mine the outcome of the trial. as opening statements begin tomorrow in the murder georgia
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trial resulting in 11 white jurors and only one black juror. we will hear from the mother on what she thinks about that. so, tonight extensive coverage of both games. omar is in wisconsin and martin savage is in jeckyll island, georgia. first kyle rittenhouse for the shooting death of two men and the wounding of another in august of 2020. defense attorneys are not disputing rittenhouse fired the fatal shots but did so in self-defense. a video some of the video shown from court is graphic. >> you can be seated. everybody can be seated. >> reporter: a third day of testimony in the trial of kyle rittenhouse focused on how the
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shooting began starting with the killing of joseph rosenbaum. the video director was the fifth witness called by prosecutors in the trial who emphasized rosenbaum was unarmed. >> did you ever see a weapon? >> i did not. >> never saw a gun? >> didn't. >> never saw him have a knife? >> no. >> club, bat, chain anything like that? >> just the bag that was thrown. >> he took jurors to the moment of the shooting. >> i realized that he was continuing to advance and that mr. rittenhouse was standing still based on the way that he was running and eventually lunging towards the front portion of the rifle. it was clear to me something with the weapon was about to happen and i did not want to be on the wrong side of that.
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>> reporter: mcginnis was on the scene documenting the unrest and spoke to rittenhouse before. not long after he was forced to render emergency aid. >> i was under his right shoulder. there is another individual on the left shoulder. maybe one or two people carrying his legs. i was just telling him that we are going to have a beer together afterwards and we are going to be okay. seems like his eye was looking at me but kind of rolling back and when i started talking it rolled back towards me. i was looking at him so i am not sure if he heard me. i think perhaps he did. >> did he say anything? >> no. >> reporter: during cross-examination -- the defense focused on why the pursuit of ritten house continued.
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he kept advancing. >> correct. >> he continues to advance until he makes a lunge for the weapon, correct? >> yes. it appeared he was lunging for the front portion of the weapon. >> the business end of an ar-15. >> yes. >> reporter: trying to paint the picture that rittenhouse was defending himself. >> you know he yelled the words f-u, but the whole words. >> yes. >> what was the tone of his voice as he yelled that. >> very angry. >> reporter: the focus of the next witness called as he began his testimony, including one encounter in particular. >> he said that to you? >> correct. >> did he say it to the defend defendant as well? >> yes. >> reporter: but words never
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became actions. >> did you ever actually see mr. rosenbaum physically injure anyone? >> no. >> you had your pistol on the hip. >> yes. >> did he ever touch that? >> no. omar, a juror was dismissed in the trial after making a joke to a deputy about the shooting of jacob blake. unbelievable. what else are you learning here? >> yeah, the juror was dismissed after attempting to make a joke earlier to a deputy about jacob blake with why did it take seven shots to shoot jacob blake and ended with because they ran out of bullets. the juror was questioned by the judge and affirmed he told a joke and did not deny that is what happened. the defense and prosecution
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agreed the juror should be dismissed. the judge emphasized that the public needs to be confident that it is a fair trial. now it leaves us with 19 in total, 11 women and now 8 men. at this point we are expecting prosecutors to continue to call witnesses. >> thank you very much. great reporting. i want to turn to the trial of three white men accused of murdering an unarmed black man shot and killed while jogging last year. martin, hello to you. the jury made up of 11 white jurors and one african-american. tell us about the racial makeup of the community and how it happened. >> many are wondering how did it happen. glen county, where the trial is taking place is majority white,
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but 25% african-american. there were 1,000 jury summons sent out. hundreds were interviewed and many african-americans for the possibility of serving on the jury. then we get to the selection process. the way that you select a jury is by the defense and prosecution deciding who they don't want on the jury. they do it by strikes. the judge awarded twice as many strikes to the defense as they did to the prosecution. by the time that the process was done at the end of the day yesterday we found out there were 11 whites and only one african-american. the prosecution was outraged and filed a motion with the judge and accused the defense of denying eight african-americans the opportunity of serving on that jury simply because the prosecution said they didn't want blacks on the jury.
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the defense denied that saying there were other reasons that they felt the jurors would not be impartial. the judge sided with the prosecution here believing that the defense had used race. but at the end of it all he said the law does not give me much option. we will go with the jury as has been seated. >> any explanation why the defense got twice as many strikes? >> first of all, you have to remember there are three defendants going on trial and three different defense teams and six attorneys in total and the judge felt given the circumstance that was the best way to divide up the strikes. >> we are learning the judge is expected to rule tomorrow on important aspects of the trial. what are you hearing about that? >> right. even we are on the eve of the anticipated opening statements, two big issues.
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number one should the jury be told that arbery was on probation at the time he was killed. the judge ruled nothing about his criminal past can be introduced. he is not on trial. if you tell the jury that he was on probation, well, the jury will kind of assume you don't get on probation unless you have done something wrong. that is one issue should they know that. the other has to do with an image on the pickup truck driven by travis mcmichael. on the front of the vanity plate is a confederate flag. should the jury know that? if they know that what might they infer about travis mcmichael. those are the two big issues. the judge has to rule on it before we get to testimony. >> thank you martin.
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following this one closely. now cnn's senior legal analyst and elliott williams, the former deputy assistant attorney general under president obama. wow. good evening. okay, laura. you know what's up. what does it tell us? >> look at both trials. one juror dismissed because the punch line of somebody being shot in the back of seven times was more important than someone being able to get access to a fair trial. in another a concerted effort to try to have a jury that is comprised of people that are all white or mostly white and all but one white.
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there is never a guarantee that you get to have a specific racial composition of your jurors. the supreme court and the prosecutors and defense attorneys know that when you are trying to engage in behavior to try to curerate a jury in a way to remove diversity in a racially charged case like here. this does not sound like justice or the pursuit of justice but an opportunity to undermine it. >> you know a juror in the kyle rittenhouse trial. dismissed for telling the deputy a joke about the police shooting of jacob blake. the juror said why did it take seven shots to shoot jacob blake. it is outrageous. does it also say something about what can be just under the surface in the high profile
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cases. >> in any case, don. it can be hard to get on a jury. it can be incredibly easy to get on a jury. all a juror has to be able to say is that i can impartialally judge the facts and the law. someone that has a pattern or a history of making racist jokes or makes racist jokes can get on a jury and frankly this is just the individual that happened to make it to a law enforcement official. >> joe: he felt comfortable enough to tell a member of law enforcement a joke. >> you know don, it is wonderful that you used comfortable enough. they are very, very different
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cases, very, very different states and law. the two things linking them is the idea of who is allowed to be a vigilante in america. who is allowed and empowered to say i am going to take the law in my own hands and take a gun and cross state lines with an illegal firearm and gun people down. >> you thought a member of law enforcement would be cool with h him. >> it is all about what people feel comfortable and empowered to do. that is what he did there. >> that is also the reason -- >> i was going to say, you know people often wonder why you have to be reminded that black lives matter. well, if seven shots to somebody's back at the hands of a police officer is the precursor to a punch line there should be no wonder. the person felt so comfortable. you only make jokes to people
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that you think you might have humor with, the expectation that the person is in on the joke. and remember, it is the rittenhouse trial and not jacob blake. rittenhouse, according to the defense team appeared there because he was trying to respond to and protect property in the aftermath of the shooting of jacob blake. so you cannot divorce yourself from the fact that the racially charged discussion and inflection point in america, one of many that year alone is what precipitated the now defendant to be in the area and for two people to be killed and another wounded. if you have jurors, sitting jurors making the jokes and the correlations, it is not hard to think about how that case or other racial inflection point would impact a juror's mind in this trial. >> laura, i am going to get your
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take on the nearly all-white jury in the trial for the men accused of killing ahm ahmaud arbery. if it were reversed do you think the white jurors would be struck down. >> you want me to pause? the hollywood pause. let me think. no. don. the answer is no. statistics and history at the intersection of race and history and the law in america tell you that there is a very different vantage point and expectation and a different approach to the way we seat jurors with a white victim and black defendant. very different to be opposite in the case. somebody with the arbery killing, it took months for it to be prosecuted before the video was shown. you had one of the former
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prosecutors looped in for aspects of this with unethical and possibly criminal behavior as well. you have the defense attorney in the case saying i am sorry your honor. this is a gross injustice here. if that is where we begin, this would not be the same as if we are talking about a white victim and three black men on trial. the exonerated five tell you about the history of america when it is a white victim and even the expectation or the thought that there are black defendants who committed the crime. >> the other thing is that they were struck that one of the defendant's attorneys said they were struck because they expressed strong views. white jurors express strong views too and you saw it in wisconsin, white jurors hold bias as well.
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the notion that black jurors that express strong views about a case -- it is just pretext for getting them off of the jury. you know, under the law you can't strike a juror because of race, but if you say or have another reason or can articulate another reason for it. >> yeah. strong views. why are the black jurors bias and the white jurors are not bias. >> exactly it. a gross double standard you are seeing here. the white jurors on the panel express strong views about the case, live in the community and so on. you know of the 11 folks struck, the overwhelming majority were struck on the basis of strong views. >> everyone i talk to says that don, you need to bring light to this. why do judges have so much power when we see the ridiculousness of it and the bias of the
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judges. you know what i am saying. hey. hey. no. you are wrong about this. go ahead, laura. >> on the one hand let me send an olive branch to the members of the judiciary for a moment. i am often critical of the overt acts of bias on any level in the justice system. to a certain extent and elliott knows this, when you are talking about what the law provides and the supreme court allows you for giving a non-race based reason that you struck the juror, a judges hands are tied to say you provided a reason in a challenge for a juror. it might not pass the smell test but that is reform to require what you prove for striking a
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juror. particularly when it smacks of this level of obviousness in that case. on the other hand, you know, judges want to avoid being appealed. if there is a conviction they want to have the clean hands and that they have done everything they can to be deferential to a defendant. that is not what should happen talking about due process and a fair trial. it is about giving a fair trial to both sides. >> elliott, you're good. are you good. >> you are asking me are you good. the chief counsel speaks, i am always good. number one, the rules, all of the rules act to protect defendants across the criminal justice system. you want to be able to ensure that a defendant gets a fair trial. but what you are drafting on top of that right there is bias and race infecting our criminal
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justice system and using the example of, you know, expressing strong views or bias and just being able to say that and have a race neutral reason. you can always point to that. you can say and use someone's zip code and they happen to live in a black neighborhood. that is the basis for getting off of a jury that will stand up to scrutiny. you can use race and say you are not using race. >> so what she said. what laura said. >> yeah. >> how are you going to play elliott williams. a sharp, sharp attorney. i commend him. he did not echo me. he added it. >> lyrics and music. >> thank you guys. >> no. don't get me in trouble here. don, you stir pots. you just stir pots.
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>> all right guys, see you later. >> no. >> the democratic party split and not able to get on the same page. what do they have to do to right the ship? i will speak with two former senators that would know. they are next. hopefully it won't go off of the rails like the last one did. we will be right back. clerk: hello, how can i? sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops.
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do you think that is what this is? >> that is a lot of it. it is clear that voters are very confused and discontent with what they see as washington not being able to manage the country's affairs and it has taken democrats way too long to negotiate the infrastructure bill and the reconciliation bill. it will probably pass the house. nancy pelosi never does anything until she knows she has the votes but it is not going to pass the senate. it is important the president get the leaders of both parties. a fairly moderate bill passed. infrastructure is critical. that is jobs. bill clinton said it is the economy, stupid. that is as true today as it was then. if people care about the incomes and jobs, get the infrastructure
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bill passed. >> she said nobody elected him to be f.d.r. they elected ha ed him to be no and stop the chaos. what do voters want from this president? >> well, i think they want all of the above. i do think they want a return to normalcy after we had a president who was anything but normal and divided us and hurt us and divided us really so badly that we are still reeling from it. yes, i agree with her. but i think that we also want action. you know times are really tough with the pandemic. it is still around. you talk about it so beautifully all of the time. people are still, you know, wary. i am sitting here. i used to be able to go to the studio and do this. i am in my home, which i am
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fortunate that it works out. everybody is discombobulated still. so, i think i agree with my former colleague. you know, he was the chairman of the environment and public works and i became the chairman. we delivered. i did three. i am so proud of them. and by the way we never got told max, remember until the deal was done. i think one of the problems is that they are looking at the sausage. it's ugly. >> right. >> get fed. get it done. >> thank you. i can't agree more. the whole idea, are democrats trying to do too much with the margins they have? what should his priority be with the midterms less than a year out? >> well, in my experience when i was in the senate when one party
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controlled the white house and also both houses of congress, they tend to get ahead of their skis. h they started to go too far and tend not to listen to the other side and get too much in their heads. i think the package is way too big from the beginning. that caused, frankly the inability of congress to get their act together. it forced the moderates to dig in their heels. i think initially it is too big. the same party is in power. it happens. but now the time has come. president needs to get the leaders in a room, sit down. lock the door. get a deal here on infrastructure and on a big package. i think that is what presidents do and should do and that is what i think joe biden should
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do. >> i was having a conversation with jon meacham last night saying export pressure, and that is what the american people want. they want things to get done. the buck stops here, right, at his desk in the oval office. senator boxer, a key player in getting anything passed is senator joe manchin. this is on cnn earlier today. >> i think we are cut from the same cloth from a legislative process and i think that joe biden is a moderate. i think he understands. he did it for 36 years. people that worked with him that are in the senate now say joe biden was great to work with. he was willing to meet you in the middle. >> is biden a moderate and is he being dragged too far to the left because progressives say the massive social spending is all the president's plan? >> joe biden is joe biden. he is going to go for the policies he thinks is right. everything will be paid for.
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i have to say this. it is as the senator said. we have close margins, very difficult. one of the things joe manchin -- i don't agree with joe manchin on a lot of his stands i think he is missing important points on family leave. but he said something that was true. he said you guys have to elect more liberals to get more of this done. he is right. the reason he is front and center and sinema is front and center because it is 50-50. it is key to have a big tent. if democrats lose the big tent, the whole tent will collapse. you have to learn to walk in other peoples shoes. i got to think, i thought i knew everything. quickly i recognized and especially those from the purple
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districts and later the purple states you have to walk in their shoes. go as far as you can go. that is what joe biden is. i think that he is -- yes. i think he has liberal and progressive views on many things. but he is a -- it is liberal, moderate, wherever you are. pull the tent together. don't let it fall. i feel so strongly about that. >> hey, senator baucus, what did you think of what happened in virginia? sign of things to come if democrats don't get their act together? >> i think the democrats took it for granted. look at the result. i do think -- i do not mean to be critical. but governor, what he has done
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in the past tied with joe biden. i think you have to get something done. you can't rest on your laurels. i was chairman of the senate for many years. you have to show what you are going to do and not what you want. >> stop talking about the former guy. he is not in power and people are quite frankly tired of hearing about him. thank you. i appreciate it. we will be right back. you get hungry for more and then you're just like, “wow, i'm learning about my family.” yeah, yep. which one, what'd you find? lorraine banks, look, county of macomb, michigan? look at grandma... hey grandma! unbelievable. everybody deserves to know who they are and where they came from. this whole journey has been such a huge gift for our family. ♪
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>> i want you guys to listen to this, okay. all right. sit back.
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take this. capitol rioter jenna ryan tweeted definitely not going to jail. sorry. i have blonde hair, white skin, a great job and a great future and i am not going to jail. sorry to rain on your hater parade. i did nothing wrong. but a judge says otherwise. the 51-year-old real estate agent flew to washington d.c. from texas on a private jet with two friends to attend the stop the steal rally, livestreaming herself as she walked into the capitol building. august she pleaded to a misdemeanor charge of illegally demonstrating inside the capitol and now faces 60 days behind bars, the harshest sentence yet. the judge calling her out for a total lack of remorse. ryan said she deserves rioters deserve a pardon from trump.
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and that tweets of hers speak for itself. if you think she has remorse for equating her blonde hair and white skin with no jail time. listen to what she had to say when cnn caught up with her and asked her about the tweet. >> i think that is a travesty and that everybody should be able to tweet without being persecuted and treated like crap. you know, watch what you tweet because if you tweet you can go to jail. i regret ever tweeting. but you know, it is a free country. i am allowed to say. it is free speech. >> you are canceling me. no. no remorse for her skin color or hair color. no explanation for why being
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white or having a good job doesn't mean you won't go to jail when you did something wrong. more rioters are being sentenced, almost ten months later none of the politicians that spread the big lie faced any consequences. whether they will, we shall see. meanwhile the unfriendly skies in related news. airline passengers are getting more and more unruly. it is the same mentality, what the feds are doing now to crackdown. temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. and now, save $1,000 on the sleep number 360 special edition smart bed, now only $1,999. plus, 0% interest for 24 months. only for a limited time
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we hear stories about airline passengers getting unruly and even violent. the feds are sending a new message. bad behavior may land you in jail. >> reporter: the most egregious acts of in-flight violence are now being turned over to federal prosecutors. for the first time the federal aviation administration says it sent the cases of more than three dozen unruly passengers to the department of justice. if eventually charged and convicted, they could face up to 20 years in jail. sarah nelson heads the association of flight attendants. flight crews reported 5,033 unruly incidents this year alone and the faa initiated enforcement in 227 cases and is asking prosecutors to bring charges against 37 of the passengers. >> we know it works and the justice department has to take
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action and put people in jail and have people understand there are severe consequences if you act out on this on a plane and put everyone in jeopardy. >> reporter: the faa says they have no tolerance for passengers that throw punches and shout down flight crews. the faa's newest fleet aired on cnn. the ad shows the notice, when their case turns criminal. >> we are pulling out the stops. >> reporter: the faa chief steve dixon said more federal investigators are meeting flights at the gate. police and the fbi were waiting in denver for the man charged with allegedly punching an american airlines flight attendant in the face. >> the crews are there for passenger safety. this is about a behavior that is not appropriate in an aviation environment. we need to get it under control.
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before we go, a sneak peek of a new cnn special report. make sure to join jake tapper for trumping democracy beginning tomorrow night at 9:00 and i will be on right after that. here is a look. >> you will never take back our country with weakness.
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you have to show strength. >> january 6th was the line that can't be crossed. january 6th was an unconstitutional attempt led by the president of the united states to overturn an american election and reinstall himself in power illegitimately. that is fallen nation territory and third world country territory. my family left cuba to avoid that fate. i will not let it happen here. >> reporter: that is anthony gonzalez of ohio. >> i rise in support of the cuban people. >> reporter: grandson of an immigrant, he has an american success story. played three years for ohio state, five more in the nfl. when injuries sidelined him, he got a business degree from stanford. all of this before age 34 when gonzalez felt called to run for congress.
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>> i got in to this because look, my family came here from cuba. we come from a country that has fallen and a failed nation and we have seen what happens when the rule of law is dismantled and a strong man is allowed to take hold and democratic norms cease to exist. >> reporter: now the conservative republican has a warning for all of us about what trump and his minions tried to do when they tried to steal the election. >> this country has been through a lot. we fought through it. we persevered. as much as i despise almost every policy of the biden administration, the country can survive a round of bad policy. the country can't survive torching the constitution. that is the one thing the country can't survive. >> and thank you for watching everyone. our coverage continues.
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hello and welcome to all of you watching us here in the united states, canada and all around the world. i'm kim brunhuber. just ahead on "cnn newsroom." >> we can't go too far left. >> any sign of progress is always good for the public. >> the build back better act is going to reduce costs for poor families and working families. >> you have an obligation and responsibility to get something done. >> this could be democrats' day of decision. party leaders say the house of representatives will vot


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