tv America Reports With John Roberts Sandra Smith FOX News November 18, 2021 10:00am-12:00pm PST
now you know. try it for free. visit freestylelibre.us >> ♪ ♪ >> a fox news alert. kicking off a brand new hour and "america reports." day 3 of jury deliberations in the homicide trial of kyle rittenhouse are underway. after one media outlet was banned from the courtroom. it just happened a short time ago. i am sandra smith. >> john: good to spend friday eve with you. i am john roberts in washington. the judge entered the courtroom to address a report that a media member was ticketing after following a bus carrying jurors.
kenosha police claimed the person said they worked with msnbc and was trying to photographer the jurors. the judge calling the allegations extremely serious. as wisconsin officials are on edge for a verdict that could come at any moment. >> sandra: jonathan turley and mark will dig into that. first alexis live outside of the courtroom in windy kenosha, wisconsin. what exactly did the judge say? >> the judge talked about a major security concern here in the kyle rittenhouse trial. investigators with the kenosha police department are questioning a person who was following the jurors home last night on the jury bus when they left the courtroom. this comes as the deliberations continue for the kyle rittenhouse case. two motions for a mistrial still on the table. key video evidence at the center of one of the motions and the other is based on claims that
prosecutors acted in bad faith. the judge said the state included information that was not supposed to be shown to the jury. there could be a mistrial and kyle rittenhouse could walk. >> i warned you. you pressed with this and that's fine. i let it in. my view now is we might as well as follow-through with. >> [shouting]. >> [sirens wailing]. >> clashes between protestors growing violent. you can see a guy on the ground. police hand cuffing that man and taking him into custody. he was one of two people arrested as we wait for the verdict. >> i believe he should be found guilty. the i think the first shot into rosenbaum was justified but the
second, third and last one were not. >> it's a clear cut case of self-defense. >> 5 schools nearby going to remote learning. they are not expecting major issues but one high school is right across from the courthouse. a lot of activity outside of the courts. they want the kids save and the rest of kenosha. >> sandra: fighting through the noise there in kenosha. our analysis of the drone video later this hour. a story you will only see on the fox news channel. john, it's taking a lot of twists and turns this trial. if there is a verdict, we don't know when it comes. if it's not in by friday, we don't know if they will take the deliberations into the weekend. >> john: interesting too that the msnbc self-identified
employees was following the jury bus. raises the question why the jury is not sequestered. we will ask jonathan turley. >> sandra: and the judge said he would think twice about tv cameras next time. >> john: we will see what he does. for the moment we will have cameras in the courtroom. the congressional budget office will release a full report on the cost later today. house lawmakers are debating president biden's massive spending budget package. president biden claims his plan only add a single penny to the deficit but there is already disagreement. [inaudible]. a person facing serious push
back from both sides of the aisle, defending her positions as a college student in the soviet union. fox news team coverage. we begin with a correspondent live on capitol hill. what a hearing it was. >> just wrapping up a few moments ago. a couple of headlines from this hearing. first she seemed to back track on her comments about the fossil fuel industry. she called coal, oil and gas calling them troubled and said we want them to go bankrupt to tackle climate change. a democrat confronted her about this today. >> do you see risky that is to make that statement? >> i do not intend to advocate
that kind of a position. that particular statement about oil and gas companies going bankrupt, that was taken out of context. i misspoke. that was not well framed. my intention is the opposite. we need to help those companies to get restructured. >> whatever that means we don't know. also under fire her education in moscow. saule received a scholarship. critics think he is a socialist and she wants to overhaul the banking system. that set off fireworks. >> you were a member of the group called the young communists. >> i am not sure what group you are referring to. >> they called this modern-day
mccarthyism. the white house hopes her work under former president george h.w. bush will convince the moderates. but it just takes one democrat to sink this nomination. a senator's office before walking into this hearing said that he did have some serious concerns about her past comments. he still has unanswered questions. when that hearing wrapped up, we reached out to find out where his head is out now, now that he heard from her in person. >> john: thank you. >> sandra: katie now. great to see you. she is receiving a grilling there from lawmakers mostly republicans, but there are some democrats who are taking issue and raising flag about her past. >> yes. senator tester of montana and
a virginia democratic senator warner brought up the same concerns. republicans said this not with her growing up in the former soviet union. this is about her writings and statements and philosophy about controlling currency. she was appointed to oversee banking and how regularators allow banks to loan to certain industries and makes statements like you have to bankrupt the oil and gas industry that raised red flag for republicans and democrats. she believes the federal government should be in charge of all banking. private checking accounts should be removed from the economy in the united states and our money should come from the federal reserve. she is seen on video saying that
they have to make an analysis of what would happen in the federal reserve pulled back on people's distributions of those funds from the federal government. this is not just about her long 30 year history where she grew up, but her idealogy, a communist idealogy she will bring into a powerful position in the treasury department. >> sandra: here's more of the grilling from senator kennedy from louisiana. >> there was a group called the young communists you were a member? >> i want not sure which group you are referring to. >> the formal name is the communist young union of the russian federation. were you a member? >> i was born and grew uped in soviet union. >> you have resigned from the
young communists? >> you grow out of it with age automatically. >> sandra: is it fair for republicans and some democrats that some lawmakers are questioning whether or not this is another way in which this white house is looking to drastically change the country? >> the republican tillis followed up on the questioning from senator kennedy. he said it's one thing to grow up in a communist country and to come to the united states and embrace capitalism. it's another to bring that idealogy into your work. the republicans asked her thesis in college about carl marx and
how a communist socialized system. she had it on her resume until 2017 and now says she can't find it and can't submit it to the senate. at one point it was a point of pride and now that she is trying to be confirmed she doesn't have to give it to the senators. under the obama administration there was operation choke point which was an operation by the obama administration to squeeze legal firearms dealers out of the banking system. there is a concern here based on what she said about oil industries that she will use her position to do the same with industries that are opposed to what the biden administration and democrats want to do. >> sandra: we will continue to follow every bit of that. lawmakers have a lot more questions. katie, thank you. come back soon. >> john: president biden signed 3 pieces of bipartisan legislation in support of local and federal law enforcement.
highlights include faster benefits for first responders disabled in the line of duty and suspects who kill or try to kill federal officials abroad can be prosecuted in the united states. the justice department will give it a grant worth 139-million dollars to hire more than 1,000 new police officers nationwide. police department across the country face recruiting issue and rising crime and calls to reduce police funding. it's amazing to see the reversal by democrats on this defund the police movement. when crime is spinning out of control and the voters turn on them, watch what happens. >> sandra: people want to know police will answer the phone when your life is threatened. in some areas no show. the democrats looked at the political implications
approaching the mid-terms year. >> john: yes. it was their decision to go down that route. >> sandra: will that drone video from the deadly night in kenosha lead to a mistrial. big questions. rittenhouse's lawyers are asking the court to throw out that case saying prosecutors with held a better facility and longer version of that video. it could turn the trial upside down. jonathan turley will give us his thoughts on that coming up. >> john: travis mcmichael taking the stand in his own dense in the ahmaud arbery case. find out why he says he was acting in self-defense. veteran homeowners- you made a smart move when you bought your home. now make another one and turn your equity into cash. with the newday 100 va loan you can take out up to $60,000 or more.
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>> sandra: a drone video from the august 2020 night in kenosha should turn the kyle rittenhouse homicide trial upside down. shows the events leading up to the fatal shooting of two men. it could lead to a mistrial. you are seeing the high quality version right now on the screen. the defense claiming prosecutors with held that version from the courtroom during the closing arguments. fox team coverage of that now, jonathan turley is here. first jonathan hunt was there that night in kenosha and now the latest on this video. >> we used the drone video footage that is now at the center of the mistrial request in our reporting in the days that followed the shootings. we will show you two clips. to show the positioning of kyle rittenhouse and joseph rosenbaum. the first person rittenhouse shot and killed. in this first one you will see
rosenbaum go right and throws a plastic shopping bag at rittenhouse as the two run across a car dealership lot where a group of protestors had gathered that night. some hitting vehicle with baseball bats. rittenhouse is screen left. circleed in the darker clothing running ahead of rosenbaum. look at this second clip. rosenbaum again on the right continues to chase rittenhouse who then as the pair run between vehicles on the lot and with rosenbaum getting closer turns and shoots with his ar-15 hitting rosenbaum 4 times and killing him. the story of what the drone video shows is not what is in disputt. but rittenhouse's defense lawyers asked for a mistrial on the basis they were only given a lower resolution copy of that video by prosecutors and didn't receive the high resolution version until after the trial
was over. they write the failure to provide the same quality footage in this particular case is intentional and prejudiced against the defendant. prosecutors argue it was an unintentional technical glitch. the series of events ending with the kill of rosenbaum are not a matter of debate. it's a question of whether the judge agrees with the defense attorneys argument that the lower quality video put the prosecution at a disadvantage. the prosecutors asked in bad faith and they are guilty of overreach. the judge won't make a decision until after a verdict is reached. >> sandra: keep us posted. >> john: let's bring in constitutional law expert jonathan turley. why does this video matter so
much? >> well, this is really quite astonishing. the quality of these images has been an issue throughout the trial. there were complaints about how grainy images were for the jury to figure out what was being done. the prosecution relying on single frames. this was well tread ground. the prosecution prepared to use these exhibits. they knew these would be very important. throughout all of that process they didn't until late in the process hand over the high resolution images. they said you got the lower resolution images. we never intend this to be a disadvantage. the defense said why don't you just give us an oil painting? you hand in a sharper image of the see confrontation. these have a cascading effect. the first shooting has a large
impact particularly on the second victim. that is precisely what this video is showing. what happened between rittenhouse and mr. rosenbaum. >> john: the prosecution is saying there is nothing fenarrious. -- nefarious. you got a lower resolution because it was transferred between an iphone and an android. the defense is pushing for a mistrial with prejudices. the reasons. in the video the prosecutors gave the dense the lower quality video. they added a motion for a mistrial without prejudices basing on the prosecutors giving the defense lower quality video.
why this additional motion? would the judge be more inclined to allow that motion rather than one with with prejudice? >> well, there is always a better shot to get a mistrial without prejudice. if you do it with prejudice, you can't try the case again. that's a higher goal. the judge said i will wait until we hear back from the jury to see in they acquit. that creates a free play in the nfl. aaron rodgers throwing a hail mary. if he gets it, he gets the touchdown and if he didn't he gets the playback. the defense could have the same situation. the judge may let them play this over again. >> john: and the ruling in the courtroom just a little while
ago. the judge banned msnbc from the trial because a self-identified msnbc employee was caught trying to follow the jury in a bus and take photos of them which raises two questions. what do you think of that? why isn't the jury sequestered? >> it is hard to express how moronic that decision would be if msnbc sent someone to follow this bus. they are aware that this is a city on the edge. a case is about prior violent rioting that led to this encounter. everyone is on edge. to follow that jury was just a perfectly insane decision. particularly if you are trying to take their pictures. it's not just that you will take their pictures. it means the jury feels that someone is following them. it may make them feel uncomfortable in voting for the
defendant because other people may follow them. you could not have a more series -- serious situation for the court to deal with. the judge banned msnbc from the courtroom. this is just adding to a trial that has been a parade of horribles in terms of prosecution errors and controversy with evidence. now the media itself is becoming part of the story. >> john: not a good look. we reached out to msnbc for comment and have not heard back. jonathan turley, thanks. >> sandra: the prosecution taking its turn questioning the man accused of killing ahmaud arbery. we are live outside of the courthouse on that case. >> john: and president biden facing criticism for a campaign promise to improve american's standard of living but the country is dealing with rapid
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voter information allegedly and sent threatening emails to intimidate voters. >> john: the man who shot and killed ahmaud arbery returned to the witness stand to be questioned by the prosecution. steve? >> it was a detailed cross-examination of 35-year-old mcmichael. it painted a terrifying picture from the prosecutary's point of view of a man being hunted down. mcmichael father and son armed with a pistol. the father in the bed of one truck screaming stop or i will blow your head off. under this portrait the prosecutor asked how is it
possible, who are you making the case that arbery was the aggressor and attacking your truck. >> you are telling this jury that a man who spent 5 minutes running away from you will want to continue to engage with you, with a shotgun and your father who said stop or i will blow your [bleep] head off by trying to get in your truck? >> that's what it shows, yes, ma'am. >> the prosecutor asked some hard questions why didn't they call the police before getting their weapons and chasing after arbery? why didn't mcmichael stay in his truck. why when arbery tried to run away didn't they let him run away. a crowd is here in front of the courthouse. this was a protest by the defense attorney about the number of black pastors in the
courtroom. the judge said that was reprehensible so hundreds of black pastors made their way here. >> sandra: footage going viral of 10 candidate joe biden claiming consumer prices would fall. listen here. >> here's how my plan works. none of you will have your taxes raised. anyone making less than $400,000 you will see your standard of living go up and your costs go down. i will ask big corporations to pay their fair share. >> sandra: that's just not what is happening. consumer prices are up more than 6% from a year ago. the highest jump in 30 years. charles payne is here host of making money.
charles, i don't know. it seems that prices have only gone up. his campaign promise was your taxing will go down and prices will. >> that's the same promise made for the social spending bill. come on now. last friday this big monthly consumer sentiment number came out and it plunged. 25% of the folks who responded to that said the opposite. their standard of living has gone down. if you look at it they break it out politically independents and even democrats are feeling less optimistic. what worries them in the future. for them 6 months from now they think it will be worse. this morning we heard from manufactures in the philadelphia brace for 5% inflation next year as well.
it's getting worse because a few things are going on. the war on fossil fuels is the main problem. as soon as president biden was elected he declared a war on fossil fuels. economics 101, you learn supply and demand. less supply the prices go through the roof. the ceo of wal-mart said as soon as the stimulus ran out, they found workers. that money went into the economy. people spent it which is fine unless you are one of those folks who didn't get a stimulus. >> sandra: there are obama era democrats economists say this is obvious. ratner from the obama administration put this out in the "new york times." i warned the democrats.
inflation is its biggest challenge. this is ratner. how could they have gotten this so wrong? they could pay for this at the ballot box. this is the latest quinnipiac poll: >> also on those polls, what do you think is better with your finances, it's overwhelming republican. the republican rating hasn't been this high in maybe a decade with the public. it was a self-inflicted wound. that's the important part.
it's not really about economics. president biden said this and means it: fundamentally transforming america. that's what it has always been about. you put it under the veneer of economics because it involves numbers. it's about a society where you try to bring certain people down and others up. some focus call it socialism. >> sandra: and they said inflation is a high-class problem. and the quinnipiac poll asked what is changing their minds? 68% said higher price are changing their thoughts on who should hold office. >> going to the store and the nice chunk of meat they are moving down the chain. you will get the money because it's been so long since we have seen family and friends. watch out bad it get next year.
>> sandra: happy thanksgiving to you. always good to see. >> john: jurors in the kyle rittenhouse case deliberating for a third day after issuing surrounding a video that prompted the defense to renew calls for a mistrial. details which when a criminal defense attorney joins us. >> sandra: and merrick garland statement called into question after an email about concerned parents. jason chaffetz will join us next. >> tells the american people that and at the same time 24 hours earlier this email was sent out. veteran homeowners- looking to improve your home? borrow up to 100% of your home's value with the newday 100 va loan and take out up to $60,000 or more.
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>> sandra: what an amazing night. at the fox nation patriots awards. the most valuable going to u.s. olympian, the first black woman to win gold in u.s. olympic wrestling history. she draped old glory after her shoulder saying she loves living in the usa. scott man an award for evacuating americans from afghanistan and back the blue going to taylor branch for helping save 9 lives during her first year in uniform. this was a special occasion and highlighting amazing patriots. >> john: yes, some well known and some every day heroes.
thankful to have them on our team. republicans in the house judiciary committee say an email by an fbi whistleblower proves the bureau tracked alleged threats by parents against education officials calling into question merrick garland's testimony to congress when he said parents were not targeted. jason chaffetz joining us now. remind focus at home. what did merrick garland say at the hearing. listen here. >> i can't imagine any circumstance in which the patriots act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance where they would be labeled as domestic terrorists. >> john: that's an incomplete statement given that the fbi is
using counter-terrorism tactics to identify threats against school boards. >> everybody should be outraged by this. the attorney general to say no such list or tracking happened only to have a whistleblower provide documentation that says the opposite. the attorney general should explain himself. he is either oblivious to what is going on or involved and encouraging this behind-the-scenes. this is what scares people about the department of justice and the fbi. instead of working on chinese counter intelligence like they should be, they are working on school board people talking about how the kids are getting educated. >> john: in response whistleblower saying that the fbi is using this tagging
facility to keep track of certain people that it believes are suspicious, the fbi put out a statement to say this is no big deal. watch this statement here coming up on the screen: here's the kicker: and now concerns about school boards. i am sure parents are happy to be on that list. >> yes. they are tracking pedophiles and those things. of course we want them tracking those. to be tagged in the fbi system. how about if you try to get a security clearance? what if you try to join the military and get a security clearance? are you going to show up on the fbi's list?
this is outrageous! i don't trust the federal government. there is no reason where an outraged parent at a school board meeting be in a federal daibs. database. that's not acceptable. >> john: jim jordan warned how many people and who. >> how many moms and dads have this tag, this label put on their name? clay travis who spoke out against policies at his children's school. that's most troubling. >> john: troubling and important but i don't expect we will get an answer. >> well, this is what scares us. those are on the judiciary committee, that's what they should be asking. those names should be purged. i conducted a hearing where the fbi admitted they were doing facial recognition even though
they denied it. are they taking that database and cross referencing it with facial recognition and what are they doing with the information? >> john: this is a big onion we are just beginning to peel back. jason chaffetz, thanks. we use tags to track drug traffickers and concerned parents as well. >> sandra: it makes you wonder. >> john: don't tell allay anybody's concerns. >> sandra: true. parents are talking about this everywhere. they don't want to be labeled a terrorist. a miscarriage of justice about to be set right. prosecutors today to vacate the strongful conviction of two men for the assassination of
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>> sandra: 2 men convicted in the assassination of malcolm-x are set to be cleared today after an investigation found authorities with held evidence favorable to their defense. david is outside of a court in lower manhattan. >> we are only minutes away from a court hearing that has been in the making for half a century. two men accused of the assassination of malcolm-x are expected to have their name cleared. this is a shot outside of the
courtroom in lower manhattan. an 83-year-old lived to see this day. the former co-defendant is not. two of his sons are here. both men spent decades behind bars claiming they were wrongly convicted. a third man testified that these two men were innocent. the assassination took place in february of 1965. one attorney said the events that brought us here should never have occurred. they are the result of a process that was corrupt to its core. one too familiarine in 2021. following a documentary on the assassination that raced public awareness. the manhattan district attorney working with lawyers for the two men re-investigated the conviction and an investigator said the alibis they were at
home should have made a difference in the courtroom. >> every piece of evidence, every lack of a piece of evidence pointed to these gentlemen having had nothing to do with the assassination of malcolm-x. they had plausible alibis. >> the manhattan district attorney in a few moments is expected to ask a judge to vacate the two confibss. -- convictions. there were a number of other individuals that took part in the shooting. that will remain a mystery with the passage of time. >> sandra: you will bring us breaking news from there. >> john: day 3 of deliberations in the kyle rittenhouse trial underway. a verdict could come down but
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"america reports" from jury deliberations in kenosha to the testimony in georgia. we will jump in the moment either trial makes news. >> sandra: we want to get inasmuch as possible from powerhouse line-up. top pentagon officials are concerned the rest of us are not concerned enough about china's growing war chest and why top
pentagon brass are warning this country needs to wake up. >> john: and they look so close to the real thing people have no idea their pills are fake. many people never find out before they are dead. >> sandra: counterfeit pills contain enough poison to kill. >> john: a huge american mystery solved. u.s. marshals find one of america's most wanted. it would come a moment too late. welcome back for the second hour of "america reports." i am john roberts in washington. >> sandra: another busy day. am sandra smith in new york. we will kick it off on capitol hill with more breaking news. >> john: we have seen republican opposition to some of president biden's nominees but his pick for one of the most important roles in the nation's economy is sparking next level outrage and cries of communism.
>> sandra: saule omarova is biden's dominie -- nominee as the regulator of banks. she said on the record she wants to see a major american industry go out of business. on twitter she praised brutal system where she was raised. >> john: and she wants unelected bureaucrats to set the prices for vital goods. government seizure of proofed industry. the -- private industry. it played at the start of every country that turned communist. >> sandra: tennessee senator haggerty will join us next. he questioned her. first hilar live on the hill. >> dr. omarova tried to take
back the past comments today in her hearing. some like saying the banking industry is an a-hole industry and said it would be a good thing if oil and gas companies went bankrupt. we tried to ask her if she thinks her past say problem for the president and hid behind her staff. >> do you feel like your past comments are too much of a fraction -- distraction to the president. >> that was poor phrasing. i admit to it. that was taken out of context. i misspoke. >> some republicans say it's not just her past comments and positions but her time growing up in the soviet union that are red flag. some senate democrats say her past is proof she is up for the job. >> do you have concerns that
dr. omarova said the banking industry is an a-hole industry? >> i think she was talking about many of the people who work in that industry. i have concerns she is being attacked because she is the one nominee in a long time that didn't tow the line with banks but thinks they should be regulated. >> omarova made the case that her politically charged comments on climate change and the soviet union don't have anything to with the job she would be doing. one person said it does matter because political positions influence how you enforce regulations. >> sandra: hilary, thank you. >> john: and tennessee
republican senator bill haggerty. more about saule omarova background. she was a student back in the days of the soviet union. we are a photograph of her to put up on the screen. there is the circle around her face there. wrote a college thesis on karl marx. and has concerns about how the american financial system works calling it a a-hole industry. you have concerns about her leading the treasury department banking office? >> my concerns are much more current than her past growing up in soviet russia and schooled in moscow. that's not my concern as much as her response to my question today. when i asked if she thinks rising gas prices are bad for americans, she had a difficult time answering that question.
just come to tennessee. ask a mother if it's harmful to have dollar up $1.50. they are using this as a justification to make what would not otherwise survive market based competition. this green energy investment to increase the price of gas and disrupt the economy so they can get their green new deal investments. >> john: you can get some ripe comments from people filling up in tennessee and also in many other states across the country. one of the other big points is what she said earlier this year about wanting the oil and gas industry to go out of business. let's play what she said. >> the coal and oil and gas industry.
the smaller players will probably go bankrupt in short order and we want them to go bankrupt to tackle climate change. >> john: today she said she was guilty of poor phrasing and her intent was the opposite. we need to help these industries. listen to what else she said earlier this year about financing the oil and gas industry. >> when [muffled audio]. we starve them of sources of capital. it's not about special affinity. [inaudible]. >> john: she said she was taken out of context and misspoke. i am not sure you do both
things. >> i agree with you, john. this is a movement we have seen before. going back to the obama administration operation choke point. what we are seeing is an opportunity for them to deploy the same strategy. in the obama and biden administration they used the choke point to, to starve out industries. she would be responsible for an army of bank examiners who could go into banks and put pressure on them to stop lending to any industry that is out of favor. >> john: all 50 gop senators are expected to vote against this it nominee. it's down to whether or not they can get all 50 democrat senators and kamala harris with the tiebreaker. the democratic senator tester had concerns with saule omarova
and met with her and still had concerns. here's what he said after his meeting with omarova: do you think that the democrats will get off 50 senator or watching tester today do you think he will vote her down? >> i hope he picks up the phone and calls the white house and tells them he's had enough with radical nominees. someone not appropriate for this level of authority. i am certain he is hearing from bankers and businesses that will be targeted and put out of businesses, like oil and gas. >> john: democrats including the
chairman of that committee believes she's the subject of a smear campaign, omarova. he said this is what happens when trumpism meets mccarthyism. there are big concerns about her background. >> sandra: absolutely and what we heard from elizabeth warren. she said omarova doesn't tow the line and believes banks should be wreckulated. -- regulated. they are regulated. they have a lot of rules and regulations. questions will continue on that on both sides of the aisle. we are keeping watch on two major court cases. a live look at georgia and wisconsin. jurors are deliberating be in the kyle rittenhouse house. >> john: in georgia the man accused of killing ahmaud arbery facing cross-examination from
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was told by a boss in new york to follow the bus and take picture of the jurors whose identities are protected to ensure a fair trial. kenosha police are investigating this case. until they get to the bottom of judge schroeder said msnbc and nbc will not be allowed in the courtroom. >> this is a serious matter. i don't know what the ultimate truth is. absolutely, it would go without much thinking that someone who is following a jury bus, that is a very extremely serious matter. it will be referred to the upper authorities for further action. >> msnbc just released a statement saying last night a freelancer received a traffic citation. it took place near the jury bus,
that person never intended to contact the jurors and never intended to photograph them. the other big development today is fox news confirmed the identity of the jump kick man a big part of the trial and whose identity was unknown. his name is maurice freeland. 39 years old and has an extensive criminal history with more than 45 offenses going back 21 years. with charges ranging from domestic abuse and theft and damaging property to disorderly conduct and drunk driving. despite prosecutors saying the identity of jump kick man was not known, during the trial maurice approached prosecutors and offered to testify for
immunity. prosecutors rejected that offer. rittenhouse's attorneys were informed of this at the time. but it's not clear when they were informed and where they didn't make an issue of this. all of this happening while the jury is in their third day of deliberations. we try to find a verdict in this case. >> john: interesting developments every day in this case. thank you. >> sandra: criminal defense attorney mark. a lot happening now. we have an updated statement from msnbc. first to the video. now that we have seen the higher quality version of that video, obviously the question at this hour: did the prosecutors withhold the higher quality video from that
courtroom and from jurors' eyes? >> the judge needs to find that out. first thing: is this a violation? the answer is yes. any favorable evidence the prosecution has an obligation to provide to the defense. whether they will use it or not that, i still have to provide it. the second thing the judge has to decide whether this was a trivial or a substantial violation. that depends on what the defense argues. the defense has to argue now we have a clearer vision of things with this clearer video it affected us and they have to articulate why. >> sandra: the defense pushing for a mistrial over the drone video. it's clearly very different. we have a brand new statement from msnbc. it was quite a moment this morning when the judge talked
about this incidents where a person identified themselves as an employee of msnbc and followed the jury bus. the msnbc just released a statement and said this: mark, this is an investigation on-going with the kenosha police right now. the judge decided to ban that network from the courtroom. >> at a minimum word needs to get out you can't do something remotely like this. the image of impropriety is there at a minimum. the jurors lives may be at
stake. what they did was wrong and should be punishished. >> sandra: they were going to an undisclosed location and had the windows blocked out in the jurors bus. as far as these two big court cases. the rittenhouse court case. we are coming up on the end of the week. do you believe we will get a verdict here. we don't know if they are still deliberating if they will go into the weekend. >> we don't know what they will do. however, i believe that there would not be a quick verdict. it's a high-profile case. what they learned their actions will be scrutinized. at a minimum the way they screw up is with a quick decision.
they will give it a few days. that doesn't mean there is controversy. it means they are thoroughly reviewing the evidence observe making a decision. >> sandra: we talked to you when the jurors came out with certain questions about the lengthy instructions. mark, you have been joining us throughout this process. thank you. >> my pleasure. >> sandra: john, any predictions? >> john: since you brought it up. i asked andy mccarthy, it's a fool's errand to predict what the jury will do. you can read some tea leaves. i don't think in terms of timing you can really know. >> sandra: we were waiting for that msnbc statement. they just released. that the judge making it very clear this is a serious incident they identified.
they brought up last hour. asked whether or not he will consider tv cameras in the courtroom again. >> john: and msnbc booted from the courtroom for the rest of the trial. another case gripping the nation in georgia. the man who shot and killed ahmaud arbery back on the witness stand. prosecutors got their chance to question him today. steve is live in georgia with this gripping testimony. >> that's right. john, the crowd outside of the courthouse got bigger each day. we are witnessing the start of a march through town. several hundred black pastors. there were complaints with a defense attorney about black pastors inside the courtroom. a remark the judge said was reprehensible. the response is a huge increase in the number of black pastors many coming from atlanta. travis mcmichael on the stand for cross-examination. his social media profile was
scrutinized by the prosecutor. instead of a concerned member of the community he was portrayed as a potential violent vigilante. here's that exchange. >> he said we had a lot of trouble with thieves. worries me because they daddy is crazy. he doesn't care about jail. you responded that's what this world needs more of. my old man is the same way. have to make an example out of somebody. that's right. hope you catch the vermin. correct? >> i did. >> this trial almost didn't happen. 10 weeks went by since the death of ahmaud arbery the 25-year-old gunned down in february of 2020. arrests came only after a 36 second videotape was leaked. it sparked out rage and that led to the arrest. three men on trail for murder with malice. >> john: steve, great reporting.
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>> sandra: white house press secretary jen psaki just started taking questions first on a boycott of the beijing olympics. biden said something we are considering. >> a lengthy 3.5 hour meeting was a reflection of that. both areas where we could work together and areas where we have concerns. but, there are areas that we do have concerns. human rights abuses.
you have seen in words and action wise have taken at the g-7 and other sanctions that we have serious concerns about the human rights abuses. there are a range of factors as we look at what our presence would be. i don't have any other updates. i understand the interest but want to leave the president the space to make a decision. >> is it possible -- a lot of americans are interested in the games and the athletes want to know what that could mean if there is a diplomatic boycott? >> i understand that but don't have an update. >> the white house have any reaction to the national guard member members [inaudible]? >> first, the department of defense is the appropriate place. since you asked me the question. why there are requirements in
place for members of the nation's military including national guard is we need to ensure we are really ready no matter what to protect the united states. secretary austin conveyed vaccinated forces a more ready force. that is one of the reasons he has led on this effort to implement this requirement of vaccinating the total force including the national guard. we are encouraging all states to offer the vaccine and it's a federal requirement. we continue to believe that no leader should hinder operation readiness for our military which is something the secretary of defense conveyed. >> [muffled audio]. he will be speaking with the
prime minister trudeau about a violation? >> we don't view it that way. i would say that in our view, the electric vehicle tax credit is an opportunity to help consumers in in country. it's not the first time that there have been incentives to help consumers lower prices and get a clean energy industry which is good for our climate and good for businesses here in the united states. something that will help create good paying union jobs in an industry that is already heading that way. it's something where consumers would benefit. we have a great relationship with canada. the president is looking forward to the meeting today. there are a lot of ways to discuss working together addressing the global pandemic and a range of topics in the meeting today. >> a couple of questions about
the bilateral relationships today. you talked about gas prices. i wanted to asked about saudi arabia. it's a country that secretary blinken described as having a strong relationship. yet they have time and time again resifted and refused calls to increase oil production. would that hurt the bilateral relationship? would you ever punish them for that or change that relationship? >> i didn't want to predict that from here. we raised with opec member countries including saudi arabia even though we are not a member of opec the need to ensure this is available supply on the market. i led by talking about the ftc letter, we have not seen the price of gas come down. there is a responsibility for
oil companies here in the united states and elsewhere to make sure that they are not gas gouging consumers across the country. >> on iran, there has been reporting that the administration is floating with allies you might give sanctions relief or some deal to get negotiations off to a good start. your public position has been that's not something that you are doing. would you ever consider that? >> am not aware of any change in our position in the negotiations. >> whose decision was it to break with tradition and not hold a formal press conference after the tri-lateral summit today was that requested by the canadians or the mexicans or
why? >> i don't think it was scandalous. there hasn't been a north american summit since 2016. the president is looking forward to hosting prime minister trudeau and the mexican president at the white house. in last 3 weeks the president had 2 press conferences and 3 if you count the one after he announced the signing of the bipartisan infrastructure bill and took a number of questions. today he is taking questions from reporters for a total of 10 times this month. things move around. he signed 3 important pieces of legislation today. important for law enforcement that had broad bipartisan support. that moved everything later in the day and schedules change and adjust. you saw him take questions just a few minutes ago. >> mexico -- >> sandra: jen psaki is taking
questions and peter doocy is in that room. taking questions on a lot of big issues. the possibility of a diplomat boycott of the beijing olympics was brought up. the president said in the white house it was under consideration. she doesn't have any update on that. >> john: there are people who think we should go further than a diplomatic boycott and go with an athletic boycott. there is a dire warn on china's advancing nuclear technology. a general said that china could launch a nuclear weapon and we would not see it coming. the secretary of defense weighing in on that. listen here. >> is this a sputnik moment. those are terms i would not use. you know that we have concerns about military capabilities.
>> john: general john giving new details on china's tests of that hypersonic missile. >> it went around the world. dropped off a hypersonic vehicle that glided all the way back to china. that's a significant capability that has the potential to change a lot of things. >> john: michael allen served on the national security council under president bush. he said this could be a first strike weapon. >> yes, it's something designed to fly in our blind spot. they are quick and agile and hard for us to pick up on our traditional radar. it's a threat to our missile defense system. we are worried about an unwarned attack coming from china. >> john: back in the obama administration, this idea of developing hypersonic weapons was raised.
but the obama administration and the pentagon didn't see that was much of an urgent matter to go after. when you look at the number of tests china has conducted on hypersonic weapons compared to the u.s. -- let's put this up on the screen. china conducted at least 200 tests of hypersonic weapons. the u.s. has had 9 terrorists. why -- tests. why are we so far behind? >> this hasn't been a priority at the department of defense. congress is getting involved. congress needs to hold the biden administration to account to double down and get our funding and our testing up. we knew they were working on a capability but we did not appreciate how far ahead they were. >> john: let's go back to the white house. peter doocy is asking a question. >> i spoke on this a number of
times. i don't think it's a secret that's what we want. >> are they old friends or not. the president and you claim they are not but president xi said they are. >> the president didn't say. that the president considers him someone has known for sometime and can have candid relationships with. i can't speak for how the chinese category people they know in the world. >> john: that was peter doocy asking a question about the summit with president xi where she said president biden said it's good to be with my old friend again. back to it hypersonic weapon. told cbs the urgency of hypersonic weapons is not at a high enough level. he was asked if this was
a sputnik moment and said from a technology perspective it's an impressive but sputnik created a sense of urgency. this did not create that sense of urgency. i think it should. why isn't there? >> i judged the administration on always trying to tamp down tensions with china rather than ramping up what we believe is a geo-political competition with us. i think we get sputnik moments all the time. someone who resigned from the department of defense said we lost on artificial intelligence to china. they doubled down their nuclear weapons arsenal and tested this super sonic system.
we are not the sole super power. we can't always rely on our military superiority to carry us through. >> john: back to the '60s and 70s in the cold war with russia. back then the united states and the russian nuclear weapons arsenal were designed so nobody could launch a strike without seeing it. china are not bound by any nuclear treaty. >> that's a great threat. they are a threat to us economically and in the military and technology and everything you can imagine. it's a different threat from the soviet union. they were not an economic powerhouse. china's gdp is rising and funding hypersonics and nuclear
weapons. the united states has to double down and get moving because we have a long way to go. i am not quite hearing the strength out of the white house yet that we have to take this on. >> john: if you were at the national security council what would you advise this president to do? >> ramp up military and defense spending and ensure our research dollars are in the right place. how much sooner you can field these weapons. >> john: the fact that china has a cyber sonic missile that's troubling. michael allen, thanks. >> sandra: the biden administration under fire for tags to tack parents.
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>> for the attorney general to assure the american people no such list or tracking ever happened only to have a whistleblower provide documentation that says the opposite. >> sandra: that was earlier on this program. jason chaffetz calling for efforts from attorney general merrick garland after a whistler blower claimed the fbi used tools to track parents with school board complaints. the "wall street journal" said they instructed agents to flag all investigations into criminal
threats and intimidation of educators with a threat tag which would allow them to evaluate the scope of the problem. republicans say all of this contradicts merrick garland's sworn testimony and could make innocent parents federal targets. chris is from the manhattan institute. thanks for being here. everyone looks at this and has questions. lawmakers have questions. at the root is whether or not garland in that sworn testimony misled congress about silencing these parents who dissent. >> yes, at the very minimum he misled congress. it's likely he lied to congress. we know from the whistleblowers documents that the fbi mobilized their counter terrorism division against every day moms and dads protesting at school board
meetings. we have the documentation deathing back more than a month. merrick garland running interference trying to deflect this anger away from school board. people have called for his resignation. he must resign. >> sandra: but saying get him back in there. let's have him answer more questions. do you believe he will? do you believe that will happen? >> i believe it will. it's only a matter of time he has to answer for this. this is a major blunder by the attorney general. caught red handed through investigations and documents finding this collusion with the school board association and the fbi. now this smoking gun document released by an fbi whistleblower. we are putting together the pieces of this puzzle. it points to one thing. merrick garland is a corrupt attorney general. he has it out for parents.
he is subverting the basic democratic right of voicing dissent at school boards. this is against our system of justice. >> sandra: the fbi issued a statement on threat tags. the creation of a threat tag is no way changes the longstanding requirements for opening an investigation. here is bill maher calling the democratic party the party of no common sense. >> there is a reason why the term woke has come to signify going too far and doing things that don't make sense. i say to the democratic party the reason you are toxic is because you have become the
party of no common sense. kids are taught and separated into groups. oppressor and oppressed. does a kid even know what those words mean? would they gravitate towards that if you had not told them? >> sandra: standing up for the parents. did democrats get that wake up call after the election in virginia? >> yes. this is the battle. it's the parents versus the bureaucrats. i side with parents. we will get this done. >> sandra: thank you. a lot of breaking news this hour. a quick break and we'll be right back. ke another one and turn your equity into cash. with the newday 100 va loan you can take out up to $60,000 or more. veteran homeowners- with home values at all-time highs and rates at near all-time lows now's the time to do more
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>> sandra: that's it for us. i'm sandra smith. >> john: great to be with you. i'm john roberts. "the story" starts now. >> martha: good afternoon, everybody. i'm martha maccallum in new york. we expect some new developments here at any moments. two very big stories that we are keeping a close eye on right now. of course, you have the rittenhouse trial, the jury behind closed doors at this hour. they continue to deliberate. deep in to day three now. they have at least a couple more hours of today, if they choose to take that time and wrap up at 5:00. if they ask the judge if they can go longer, if they're getting close.