tv CNN Newsroom With Poppy Harlow and Jim Sciutto CNN November 10, 2021 7:00am-8:00am PST
investigating the invsurreinsur. trump said he will appeal after a judge rejected his claims of executive privilege. >> in her explanation, the fudge wrote, quote, trump's position that he may override the express will of the executive branch appears to be premised on the notion that his executive power exists in perpetuity adding, the judge did, presidents are not kings and plaintiff is not president. as trump ramps up his legal fight, the committee issuing ten more subpoenas. the latest batch includes high-profile fill yours such as stephen miller and kaley mcenany as well. the justice department awaiting a decision to enforce those decisions. attorney general merrick garland still silent on whether he'll prosecute steve bannon for his
continued refusal to cooperate. cnn's whitney wild standing by. an active period for the committee as they watch the legal decisions but also continue to issue subpoenas. how much pressure is the former president feeling right now? >> probably a lot, and for a list of reasons that you lay out. first, many people within his inner circle facing subpoenas. there's a ticking clock on the pressing issue, this national archives document dump. here are the ten people they're hoping to get information from. these are people the committee believes, and based on records we've explored on cnn, public lib available for people to peruse for themselves, people at the very center of this effort by the white house to use the trump administration's department of justice to overturn the election. there are a list of names here. let's zero in on one of them. michael michael. she appears in these documents as sending information to top
officials at the department of justice with email lines that say "from potus." that email contains talking points and alleged information about alleged voter fraud in a county in michigan. two weeks later, she sent another email including the solicitor general with basically this draft appeal to the supreme court to try to overturn the election in six states. these are people who are very familiar, according to the documents we've seen with the president's mindset and efforts to try to overturn the election. now turning to more intimate details, these national archive records, these 700 records the committee is seeking out to try to get into the mindset of the people within trump's inner circle leading up to the riot and the mindset of the president on the day of the riots. these are extremely important pieces of information for a list of reason. the first, if the committee ends
up getting these documents, they can ask the most informed questions of the people they've subpoenaed. further, if it happens that these people continue to delay or, for whatever reason, blow off the subpoena altogether and fail to actually appear for depositions, the committee has a little more flexibility to still generate fact-based information about what happened within the white house in those critical days. practically speaking, there are a lot of hurdles to overcome for the house committee to get these documents. you were talking about this earlier, worth repeating, that the trump camp is asking for a stay. whether or not the district court judge issues a stay on her own order remains to be seen. sometimes judges do that contecon t tell rain yously with their own order. the timeline is ticking. again, these documents due on friday. >> it raises real and continuing questions about congress's
ability to investigate the executive branch. we're joined by cnn legal and national security security adviser asha. a supreme court decision, whether it decides to take it up and merrick a broader judgment about the truex f extent. we had joan miss cusack, she doesn't expect the court to rule in favor of trump. i wonder if you share the same expectation. >> yes. i don't. when you have a case of executive privilege which is a separation of powers principle, ar tug of war between the executive branch and congress, i think courts are reluctant to make sweeping pronouncements because that will essentially
affect the parameters of the executive branch for any party occupying that office. what the district court said here is, look, we have a situation where the current steward of the presidency, the current president, is in agreement with congress. in other words, there's even leps of a reason for the court to come in and wade into this political battle. what she says is this is really a tug of war, not between the executive branch and congress, but between the current president and the former president and in such a case, the current president is going to win. i think that's a principal that you really need just for the effective functioning of the government. i don't want expect any court to really disagree with that principle. otherwise we would basically end up with gridlock every time there's, you know, any kind of investigation by congress that involves the former president. >> as we watch that play out and see where it goes, also that question of a stay and what will ultimately happen with that. there are these new subpoenas. dana, i want to get your take.
the ten new subpoenas issued on tuesday including kayleigh mcenany, stephen miller, as we look at those, what is the likelihood that any of those folks are going to cooperate? >> reporter: not high. not high likely at all. you've seen the pushback among the players who got the first round of subpoenas at the higher level, higher-ranking trump officials from inside the white house to mark meadows to outside the white house, steve bannon. they're laying the groundwork and showing the ropes to others. it's not to say that some of them won't feel compelled to go, but most of them likely will follow the lead of the others. then there's also the possibility that they could follow the jeffrey clark example which is saying yes, i'll show up, but then show up and not say
much. what they understand more than anything is the calendar. and the calendar right now is a year until election day, a year until the balance of power will once again be determined by the voters in what is already a very, very narrow margin by the democrats, and republicans are hoping and expecting that that goes away and they take control. as soon as that happens, this select committee, which is not a commission because republicans blocked that, will almost surely go away. >> asha, you have all the individual battles here over, for instance, the documents on friday, but you also have the broader war, if you want to call it that, to properly investigate january 6th and hold people to account. dana mentions the political calendar. you see the folks who voted to impeach the president being targeted by the republican party, many giving up their
political careers altogether. do you see genuine accountability coming for the people who led -- who were behind this really at the senior levels, not the folks who walked in the capitol, but people at the senior levels who really pushed this? >> i do, jim, and here is why. first, a year plus some change is actually a long time, and from what we know, the january 6th committee has actually been moving at a pretty fast clip. they have interviewed 150 witnesses, even apart from these documents that they are trying to get from the national archives, they have voluminous documentation. all of these subpoenas they sent out to these witnesses, these aren't fishing expeditions. they have specific lines of inquiry on what these people knew, what they witnessed, what their actions were, so they already have a lot of information. i think the challenge here is, number one, they're going to have to put this into some kind
of public forum, whether it's a report, which i think would be less effective than actually having maybe more public hearings with individuals who can testify to this, but putting something out there in the public before the next election. and i think also the department of justice having some teeth and enforcing these subpoenas when people defy them without any grounds. and so i think that's going to be a test for the department of justice which again they have a year. hopefully they'll do that sooner. >> all these subpoenas, is that adding more pressure on merrick garland? we'll see. meantime, dana, you were at an event last night with a member of that committee, representative liz cheney, who was very candid about where things stand right now within her party. >> reporter: she sure was. i am still in new hampshire where she came and spoke at the new hampshire institute of
politics which is very noteworthy because that is a place that we have seen over the decades countless candidates for president come and speak. she is not that, at least not yet, but she is banking on the fact that, whether she runs or not, there is an opening, there is an audience for the kind of facts that she's putting out there about what happened on january 6th and how her fellow republicans in the house especially are treating the former president. listen to what she said. >> political leaders who sit silent in the face of these false and dangerous claims are aiding a former president who is at war with the rule of law and the constitution. this nation needs a republican party that is based on truth, that millions of americans have been tragically misled by former president trump, who continues to this day to use language that
he knows provoked violence on january 6th. >> reporter: being in the room, talking to a host of republicans who they were obviously a self-selecting crowd. they came and wanted to hear from liz cheney. they said there is a lane for somebody who talks like that in the gop, whether, again, it is on a presidential level or just out speaking and making people in the republican party, voters aware that there is an alternative way to look at these, a more traditional, conservative way to look at things than the former president. i have to say, she said a lot of that in washington. saying it here puts a whole new layer of intrigue on who she is and where she's going. it seems as though that was the whole point of her visit. >> three years out, almost to the day, of 2024. watch those trips to new hampshire.
they might portend a future. still ahead, president biden relates to the troubling news of prices of everyday goods rising at a higher rate than this country has seen in 30 years. lawsuits mounting over the tragedy in houston this weekend. one lawyer says maybe they should look with weather performers are responsible. kyle rittenhouse accused of murdering two people in a violent wisconsin protest late last year may take the stand himself to testify. we're live at the courthouse. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger.
your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ♪ things you start when you're 45. coaching. new workouts. and screening for colon cancer. yep. the american cancer society recommends screening starting at age 45, instead of 50, since colon cancer is increasing in younger adults.
i'm cologuard®. i'm convenient and find 92% of colon cancers... ...even in early stages. i'm for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1, and does not have an abnormal egfr or alk gene. it's the only fda-approved combination of two immunotherapies. opdivo plus yervoy equals... a chance for more time together.
more family time. more quiet time. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after treatment. these problems can be severe and lead to death. see your doctor right away if you have a cough; chest pain; shortness of breath; irregular heartbeat; diarrhea; constipation; severe stomach pain, nausea or vomiting; dizziness; fainting; eye problems; extreme tiredness; changes in appetite, thirst or urine; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; or fever. these are not all the possible side effects. problems can occur together and more often when opdivo is used with yervoy. tell your doctor about all medical conditions including immune or nervous system problems, if you've had or plan to have an organ or stem cell transplant, or received chest radiation. here's to a chance to live longer. ask your doctor about chemo-free opdivo plus yervoy. thank you to all those in our clinical trials. with age comes more... get more with neutrogena® retinol pro plus. a powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin.
there's no end in sight for higher prices, that is according to the latest u.s. inflation report from the bureau of labor statistics. over the last 12 months, prices climbed 6.2%, the biggest increase in 30 years. >> this comes as president biden is heading to baltimore to tout his infrastructure bill by upgrading ports and se strengthening supply chains. cnn's john harwood is live from the white house. the president already reacting to these numbers. what's he saying this morning, john? >> reporter: what he's saying, erica, is inflation is a top priority for him to address. he's touting good news as well as the bad news on inflation. the good news being claims for unemployment benefits are down, continue to be down, way down during the course of his administration, but the price
spikes are real. they've persisted through much of the year, will persist into next year. what he's trying to do with this trip to baltimore is argue that both in the near term and the long term, he's working on this problem. near term, the administration has got a supply chain dis disruption task force. longer term, the infrastructure bill he's going to be touting in baltimore is designed to expand the productive capacity of the u.s. economy. that along with the build back better agenda which he's trying to pass subsequently in this month or perhaps december, he also argues it would increase the productive capacity of the country and reduce inflationary pressures over the long term. one challenge he has is that even as he makes that argument about long-term decrease in inflationary pressures, one of the holdout senators who has been resisting the size of the build back better plan, joe manchin, put out a tweet this
morning saying inflation is getting worse. he cited inflation as a reason to pare back the cost. that doesn't mean he's going to support the bill, but it shows the challenge the administration has both with the moderates in the house who still haven't fully committed to the bill and the moderates in the senate, kyrsten sinema and joe manchin, trying to get them on board in passing the president's agenda. >> still trying to get them on board. heard that before. here to discuss the bigger political pressure, cnn's ron brownstein and cnn political analyst, ryan lizza. folks always exaggerating the president's ability to really move the dial on inflation. big inputs here are pandemic economy comeback. you can make the argument all the stimulus money. but on the flip side, what a
president can do to hem it in. what can a president actually do? how does he manage the expectations when he's not blamed for this next fall? >> he's blamed for this next fall no matter what he does. the reality is the president owns the current conditions in the economy. in the late '70s and early '80s when inflation got much more out of control than what we're seeing now, ultimately paul volker, fed chair under ronald reagan ended it by driving interest rates up. the fed a critical player in terms of driving prices up, they've concluded not yet do they need to race interest rates. this goes to the largeer challenge next fall for democrats, midterm elections are about current conditions. they tend to be dominated by how people feel things are going at that moment, rather than legislative achievement.
obviously biden needs better sense of inflation, crime, covid are all under stronger control than they seem to be today. >> if we're talking about the president, we know his advisers have long argued they need to bring back blue collar voters. they're arguing these efforts by the president could be signed into law. realistically, ryan, as we look at that, how much will this infrastructure bill actually deliver when we're talking about jobs, and specifically blue collar jobs in this country? >> well, there are few analyses out there that definitely point to the fact that this will -- the bill will create millions of jobs, pumping a huge amount of money into the economy, billions of dollars for roads and bridges, electric charging stations. all that money will obviously create many jobs. to add one thing to ron's point on inflation, it's really fair
to point out that the white house is playing catchup on this issue. early this year there were some very prominent democratic economists who said watch out, the signs of inflation are serious. larry summers most famously. he said, you know what, mr. president, you should take some of that immediate stimulus from the covid bill and put it into the long-term build back better agenda that has less inflationary pressures. the white house was extremely dismissive of that point of view and went for the biggest possible stimulus in the covid bill. they've sort of -- were dismissive for months, frankly, about the risks of inflation, and only when the polls started showing that it was a major political problem for the white house, and then in virginia and new jersey, a lot of exit polls showed this was top concern on poem's minds, they sort of got religion. and reframing this bbb package
as an inflation fighter which, let's be honest, it was not designed to fight inflation. they can point to parts of it that arguably will have an impact. they're playing catchup right now on this issue. >> okay. the other issue, ron brownstein, with the build back better, is it does not appear that has the elements that voters are looking for, at least prioritizing in polls beyond inflation, issues with the supply chain crisis. folks are worried about getting christmas presents on time, that type of thing. is there a way beyond rebranding it to make build back better be a winner for democrats or is it just not a winner for them as the midterms approach? >> i think you have to look at the near term and the long term. i think the elements in plan, as ryan was saying, are quite popular. universal pre-k, expanded child care subsidies, health care subsidies, medicare negotiating
lower prescription prices. 80% of the jobs created by the infrastructure and build back a better plan would not require a college degree. in that sense, it does fulfill what biden has called it, a blue collar blueprint to rebuild america. there are a lot of things in this plan that would make day-to-day life easier for many working class families. i think the question for 2022 is whether voters will feel those programs in time to make a material difference in their voting decisions. as i said, midterms tend to be very much about current conditions. i think convincing the country it has a better handle on inflation, the supply chain and covid is probably going to be a much bigger factor on what happens in 2022 even if, as history suggests, in other examples like the reagan tax cut, this program could be a significant asset for democrats by 2024. i don't think it's going to be
the dominant factor in 2022. >> that date is coming fas. >> ryan lizza, ron brownstein, good to see you both. still ahead, an attorney representing victims in the astroworld concert tragedy demands an investigation into the performers. what exactly he's asking for next. ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪
subway® has so much new it didn't fit in our last ad. like the new app with customization, curbside pickup and delivery. there's so much new, we don't even have time to show you who's holding this phone. bet you don't treat brady this way. come on, man! you clearly haven't seen the other ads. it's the eat fresh refresh™ at subway®. what's strong with me? what's strong with me? what's strong with me? what's strong with me? what's strong with me? me? with me! in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device.
houston officials still working to determine exactly what led up to last week's deadly incident at the astroworld music festival. houston's mayor says they're investigating every angle as the houston fbi office says it has offered assistance and resources to the police department. >> rosa flores is following all the developments for us. you learned a little bit more about communication issues during the event or lack of communication i should say. >> reporter: you're absolutely right. we learned that there was no direct radio communication between the medical services firm that was hired by the organizers, a company named paradox, and a firefighters who were stationed outside the venue. we should include the fact that they were there as a proactive measure, the fire chief telling cnn that they were not part of the organizer's plan, but
through his experience, he decided to have that team there just in case. that team asked for direct radio communication from the organizers to make sure in the case of an emergency they could respond quickly. instead of direct radio communication, they were given cell phone numbers. we know, and i talked to the firefighters union president here in houston who says you cannot rely on cell phone communication during an emergency, especially during a large gathering. so that has been a huge concern regarding the potential impact of that. of course, these men and women were ready to respond, but, of course, you'd have to call them over to help them out. as for the investigation, the houston police department has been very tight-lipped. the medical examiner's office saying the toxicology report, cause and manner of death could take weeks, all this as lawsuits
are increasing. one law firm telling cnn they filed at least 68 lawsuits, and by the end of the day, they might file about 100 lawsuits total. so these lawsuits keep on increasing. this particular attorney is asking for the performers to be investigated. take a listen. >> i think what's important is to ask yourself why is it that performers can't see what's going on in the crowd? why are they so unaware or numb to what is occurring in front of them? and there's a lot of video showing people being dragged off, and those performers are right in the same shots. you can see them, and they're not aware. my big concern is also what are performers doing. what kind of drugs, if any, are they on? >> reporter: erica and jim, some of the other allegations are
negligence. in essence, these organizers put this event together and it was not safe to attend. >> still so much to be learned, and with everything we learned, rosa, raising even more questions. appreciate it. thank you. up next, new data overnight on the pfizer booster shot's efficacy. the vaccine still new. but should we be talking about kids getting a booster shot already? we'll tackle those with dr. sanjay gupta next. there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪
with a full exam and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com
kevin! kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. (man) so when in doubt, just say, "let me talk to my manager." next, carvana's 100% online shopping experience. oh, man. carvana lets people buy a car-- get this-- from their couch. oh, how disruptive. no salesman there to help me pick out the car i need. how does anyone find a car on this site without someone like us checking in? she's a beauty, huh? oh, golly!
(laughter) i can help you find the color you want. that sounds nice. let me talk to my manager. (vo) buy your next car 100% online. with carvana. bye mom. my helpers abound, i'll need you today. our sleigh is now ready, let's get on our way. a mountain of toys to fulfill many wishes. must be carried across all roads and all bridges. and when everyone is smiling and having their fun i can turn my sleigh north because my job here is done. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service.
. these are live pictures from the courtroom in kenosha, wisconsin, where kyle rittenhouse, the accused, has just taken the stand. let's listen in. >> -- i don't need to cover that in terms of a possible inquiry. he will be able to ask you anything that is relevant to this case, germane, pertinent to this case and you'll have to answer those even though it may insnare you in some other criminal prosecution. do you understand that? >> yes, your honor. >> any question about that at all? >> no, your honor. >> you also have a right not to testify if you choose to do so. if you decide you do not wish to testify, then no comment can be made on your silence by the district attorney, and i will not comment on your silence unless i'm asked by your attorney to do so. the only comment i would make on it if i were asked to do so would be to instruct the jury that the defendant in a criminal
case has the absolute constitutional right not to testify and that your silence must not be considered by the jury in any manner in deliberation or in reaching their verdict. do you understand that? >> yes, your honor. >> that will be a choice that i would ask mr. cher rof ski or mr. richards at a later point as to what you wanted to do if you decided not to testify. that won't be an issue if you decide you do want to testify. okay? >> yes, your honor. >> any question about this at all? >> no, your honor. >> have you had time to discuss this with your lawyers? >> yes. >> do you think what you're doing is the best thing under all the circumstances? >> yes, your honor. >> has anybody threatened you or pressured you or forced you in any way with respect to this decision? >> no, your honor. >> has anybody promised you anything in exchange for this? >> no, your honor. >> is your mind clear today, you're feeling all right? >> yes, your honor.
>> have you had anything alcoholic today? >> no. >> have you had any drugs or controlled substances of any kind within the last 24 hours? >> no, your honor. >> any reason i shouldn't accept his waiver? >> no, your honor. this is consistent with advice of counsel. >> all right then. nickels? >> may i have a moment to run back to my office? i'll be back in two minutes. >> sure. >> brief pause in court as we await testimony from kyle rittenhouse, accused of murder following the shootings in the jacob blake protests. this was a step that was discussed but not guaranteed. shimon prokupecz is in kenosha following this case. how much of a surprise is this,
shimon? >> reporter: not entirely a surprise because, jim, the defense attorney in his opening statement told the jurors they would be hearing from kyle rittenhouse. it was not entirely clear in what form. he's made statements. two people who were present with him. there was some thought that maybe that was how they would introduce his words. the defense attorney, i've asked him several times in court if this was going to happen. he wouldn't say either way. but from everyone who has been watching this trial, this is not a surprise. rittenhouse needs to explain himself to this jury, though there's been some issues with some of the witnesses that the prosecution has presented, they likely still will need to hear from kyle rittenhouse and his story and what he was feeling, what he was perceiving in the moments that he was opening fire on people, on a crowded street in the middle of protests and unrest here in kenosha,
wisconsin. it's a key part of the self-defense claim. the defense needs to prove that his life was threatened and they need to prove he was justified in using that ar-15-style rifle. what better way to do that than to hear from kyle rittenhouse in his own words. keep in mind he's only 18 years old. he does not have a criminal record. there's not much that would concern the defense attorneys that he might say or any kind of bad history that could come in. really for the jury, they need to hear what kyle rittenhouse was seeing, what he was feeling. a lot has been made in the prosecution's case about perception and what people saw and what people thought and what people felt. but to prove -- for the defense to prove that he was justified in using this weapon, they really, really need to present him and they need to present his side of the story. honestly, he was 17 when this
>> you may be seated. swear in the witness please. >> can i ask you to stand, please and raise your right hand. do you solemnly swear the testimony you're about to give in this matter will be the truth, the whole truth and nothing but the truth, so help you god? >> yes. >> you may be seated. >> would you please state your name, spelling your last name for the record. kyle rittenhouse, r i t t e n h o u s e. >> where do you reside? >> wall worth county. >> how old are you? >> 18. >> on august 25th of 2020 did you come to downtown kenosha to look for trouble? >> no. >> would you have shot joseph rosenbaum if he hadn't chased you trying to take your firearm. >> objection, leading. >> are you a high school
graduate? >> yes. >> what high school. >> penn foster online high school. >> are you currently enrolled in any further studies? >> i'm a college student studying nursing at arizona state university. >> who do you currently live with? >> my mom and two sisters. >> directing your attention to august 25th of 2020, where did you reside? >> antioch, illinois. >> do you remember the address? >> 286 anita terrace, apartment 104, antioch, illinois. >> who did you live with there? >> my mother and two sisters. >> what's your father's name? >> michael rittenhouse. >> back on august 25th of 2020, where did he reside? >> he lived in the city of kenosha, in the apartments behind the pic n' save on 50th. >> do you have any other family from kenosha? >> yes. >> who?
>> my grandmother, aunt, uncle and cousins all live in the city of kenosha. >> there's been testimony in this trial about the firearm in question -- state's 28. have you seen that gun? >> yes. >> before august 25th of 2020, had that gun ever left the state of wisconsin? >> no. >> now, before this event happened on august 25th of 2020, did you have any hobbies? >> yes. >> tell the jury what you liked to do? >> i was a swimmer. i enjoyed working. i was a lifeguard. hanging out with friends, going to the beach, just normal teenager stuff. >> were you a member of any groups, organized groups? >> yes. >> what? >> i was a police explorer for
the police department and a firefighter cadet for antioch fire department. >> did you have any training in lifesaving, anything like that? >> yes. >> what? >> i was a certified lifeguard. i am a certified lifeguard and swim instructor. i am certified in stop the bleed, cpr, aed, automatic external defibrillator and basic life support. >> on august 25th of 2020, where were you employed? >> i was furloughed at the ymca in linden hurst, illinois, because of the covid-19 pandemic. i was working at the rec plex. >> rec plex here in kenosha county? >> yes. >> on the night of the 24th, did you come to downtown kenosha? >> not downtown, but i came to
kenosha for work. >> and after your shift at work completed, where did you go? >> i went to dominic black stepfather's house. i believe his name is scott dickhart. it's been a while since i've seen him. >> who is dominic black related to you? >> dominic and my sister mackenzie used to date. >> on the night of the 24th, were you aware of anything going on in kenosha? >> i knew there were protests, demonstrations and riots going on in the later evening. >> how were you aware of that? >> i saw videos on social media, on facebook live streams, tiktok. i saw the car source lot being burned down, the one we've been referring to. i saw a police officer get assaulted. he had a brick thrown at his head. i saw the mattress store owner
get knocked down, and i believe his jaw was broken and had to be wired shut or something. >> you saw all that on the 24th? >> yes. >> did you go to downtown kenosha at that time and try to do anything about it? >> no, i did not. >> directing your attention to the late morning of august 25th, 2020, did you have occasion to go downtown? >> i did go to downtown in the morning of august 25th. >> who did you go there with? >> i went there with dominic black, my sister mackenzie and ray dickhart. >> describe what you did. >> we walked around for a little bit. at about noon we ended up at roofer center high school where we cleaned graffiti for i'd say an hour and a half or two hours. >> can i see the exhibit please? showing you what's previously marked as exhibit 131.
do you recognize that? >> i do. >> could you describe what you see in that photo? >> towards the left in the olive green shirt, that's me, and to my left that's ray dickhart and to my right is my sister. >> what are you doing? >> cleaning graffiti at the high school. >> were you getting paid to do this? >> no, i was not. >> you see what the graffiti says? >> yes. >> you knew what it said as you were cleaning it off? >> yes. >> i won't repeat it. after you were done doing that, what did you do? >> we were walking -- we went to the car source lot, the first location and we were looking at the destruction of the burnt cars. we saw the owner, sam and sal, i believe. that's what they told us their names were. >> when we say car source, the one you met sam and sal at is
what we've been referring to as car source number one? >> yes. >> that's the one they just played a video of along with burnt-out cars? >> yes. >> did you have any discussions with sam and sal? >> briefly. i offered my condolences. i said, if there's anything i can do, please reach out to me. he gave me his number. i gave him my number. >> you were with dominic black at that time? >> i was. >> and your sister? >> yes. >> what did you do after that? >> after that we walked back to -- i believe -- we parked our car by -- you see the parking lot? >> do you have a pointer up there? >> yes. we parked our car right in this parking lot in that corner, somewhere over there. >> i can't see that far. i'm sorry. you're referring to the parking
lot which is at the corner of 59th and sheridan, would be the southeast corner, correct? >> correct. >> you're pointing the dot, you parked closer to 8th street, correct? >> yes. >> you can put the pointer down. >> whose car did you get there in? >> dominic black's. >> when you left, where did you go? >> once we left that parking lot, we went to dominic black stepfather's house again and hung out there a little bit. >> do you know who nick smith ask? >> i do. >> did you have any contact with nick smith? >> later in the evening, around 3:30, 4:00, nick smith called me and dominic. >> when he called you, what was the nature of the call? >> at first nick smith wanted us to drive him to chicago -- by o'hare airport, the suburbs of
chicago, because he wanted to buy a bulletproof vest. dominic said, okay, we'll drive him. then he said, okay, i need you to pick me up at, like, 3:30, 4:00. >> did you go and pick him i'm vently? >> yes. >> before we picked him up. we went to galensky's. >> what did you do there? >> dominic wanted me to buy two rifle slings. >> did you? >> yes. >> for what? >> one was for my rifle and the other was for dominic's rifle. >> why did you care about your rifles that evening? >> the reason for the slings were just so -- it's like a retainer, so if i'm helping somebody with first aid, i can dangle my rifle behind me and i don't have to worry about somebody randomly picking it up
off the ground. just an extra measure so it won't be taken from the ground. >> what time did you go to galensky's. >> i want to say about 2:30. i don't know exactly for sure. >> when did you first have contact with nick smith? >> 3:30 -- 3:15. >> was there any discussion regarding car source at that time? >> yes. >> what? >> nick smith, once we picked him up -- he wanted to go to a bank to withdraw money. the bank was closed. he was like, hey, would you guys like to come with me and help watch over the car source, make sure there's no fires or anything. dominic said yes. i agreed. i said okay. i said, here, i don't really need my bulletproof vest. i'll be helping people with first aid. i gave him my bulletproof vest. >> by your giving him your bulletproof vest, did that stop
the need to go to place by o'hare airport? >> yes. >> why does a 17-year-old kid have a bulletproof vest? >> it was issued to me by the gray's lake police department. >> you didn't purchase it? >> no, i did not. >> and after you gave him your bulletproof vest, where did you go? >> we went back to nick smith's house where we parked dominic black's car. >> then what did you do? >> we walked from mr. smith's house -- um -- once we parked at nick smith's house, we walked from nick smith's house to the car source one, cutting through the ruther central back side parking lot. nick smith lives on the same street -- >> you don't have to say where he lives. he lives within walking distance from here? >> yes. >> so you go to car source one? >> yes. >> that's the burnt out one?
>> no. car source two. my bad. across the street. >> at car source two, that's where you spent most of the evening? >> yes. >> when you first got to car source two, the one at 59th and sheridan, what happened? ? >> the owners were there. sam, sal and his father. i think it was his uncle there, also. he was driving a van of some sort. >> what was the discussion? >> sam and sal thanked us for coming out to help. and then he said -- sal said, hey, why don't you guys hop in my car -- if i remember correctly, it was either a white or black bmw or mercedes. i don't remember exactly. >> why did he want you to get in his car? >> he was going to drive us down to car city council one, lot number three. >> did you agree to get in his car? >> i did. >> who went to car source three?
>> me, dominic black and nick smith. >> who was driving? >> sal. >> when you got there what happened? >> we got out and we hung around for a couple minutes, and then some people showed up. i now know who they are, but at the time i didn't. >> i show you what's been marked as exhibit 30, 3-0. do you recognize that exhibit? >> i do. >> can you -- your honor -- can you go up there, please, and point out the people who you knew before that picture was taken and name them? >> yes.
this is sal, the owner, this is ryan. this is joanne feedler. this is justin hamilton. this is dustin colette. this is nicholas smith. i don't recall case name. this is me, and this is dominic black. >> okay. we've heard -- you can have a seat. we've heard testimony about you, nick and dominic. you knew those individuals before august 25th of 2020? >> i new nicholas smith and dominic black. >> you did not know the owner of car source previously? >> i did not.
>> was he being nice to you guys? was he happy you were there? was he mad at you for being there? >> he was happy we were there. >> you heard their testimony, the two owners, i believe it was friday afternoon? >> i did. >> and did they give you permission to be there? >> they did. >> and the other individuals in this photograph, some of whom have testified in this trial, ten minutes before this photograph was taken, did you know any of them? >> i did not. >> had you ever spoken to any of them? >> no. >> and when you were there, what was the idea? was there a plan? what was going to happen? >> yes. the plan was -- i went down there to provide first aid. i brought my orange first aid kit, the fanny pack, and i also brought my pelican box which was filled with first aid stuff.
>> the orange box by your feet you refer to as a pelican box? >> yes. >> did you have that before the 25th? >> yes. >> was it stocked with things you had bought and brought? >> yes. >> do you go with that every day or is it because of the situation? >> it was in the trunk of my car. >> the fanny pack, what's the situation with that? >> it was my work bag. i brought it to work with me, and i would put it under my lifeguard booth. >> and that had first aid supplies? >> yes. >> after the meeting at 63rd and sheridan road, what's referred to as car source three, what happens? >> after the photograph, i believe -- i don't recall exactly, through there was about two or three vans that pulled up, like big vans with people inside of them. >> and what was their role in this evening? >> well,ing they showed up and wanted to protect the business. i didn