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a case of three white georgia man accused of murdering ahmaud arbery. the judge says it gives an appearance of racial bias which he says could undermine the outcome of the trial. and as opening statements began

tomorrow in the georgia murder trial controversy over the jury selection process resulting 11 white jurors and only one black juror. we'll hear from arbery's mother in a moment on what she thinks about that. extent coverages in both cases, mar ma martin savidge and omar jimenez. defense attorneys not disputing rittenhouse fired the fatal shot but argued he did so in se self-defense. key witnesses on the stance today. some of the videos shown is graphic here is omar jimenez. >> reporter: a third day of testimonies in the trial of

rittenhouse focused on how the shooting began starting with the killing of one of two killed by rittenhouse that night. >> i do. >> reporter: the video director from the website was the fifth witness called by prosecutors by the trial who emphasized rosenbaum was unarmed. >> never saw a gun on him? >> no, i did not. >> never saw him have a club or bat or chain or anything like that? >> reporter: prosecutor took jurors to the moment of the sh shooting. >> i realized that mr. rosenbaum and mr. rittenhouse was standing still based on the way he was running and eventually lunging towards the front portion of the

rifle. >> reporter: mcginnis was on the scene that night. he was forced to ender emergency aid. >> i was under his right shoulder. there were no other individual under his left shoulder. there were one or two people carrying his legs and i was telling him we'll have a beer together afterwards and all going to be okay. it seems his eyes were looking at me but it was rolling back and when i started talking, it rolled back towards me and i was looking at him so i am not sure if he heard me but i think perhaps he did. >> did he say anything? >> no. >> reporter: during cross-examination the defense

focused on why the pursuit of rittenhouse continued? >> and he continues to advance until he makes a lunge for the weapon, correct? >> yes, it appears he was lungeing towards the weapon. >> as you sit here today that he yelled the words "f-u-"but the whole word, correct? >> yes. >> what was his tone? >> angry. >> if i catch you, i am going to [ bleep ] kill you. >> he says it to you? >> yes.

>> reporter: words never became action as ryan balch who was with rittenhouse that night. did you see mr. rosenbaum injured anyone that night? >> you had your pistol, did he ever touch that? >> no. >> did he ever touched uhyou? >> no. >> reporter: joining me now is omar jimenez. a jury was dismissed. after he made a joke of the shooting. it's unbelievable. what else are you learning here? >> yes, don, after attempting to make a joke earlier this week to a deputy about jacob blake that began with why did it take seven shots to shoot jacob blake and according to prosecutors ended with because they ran out of bullets. he was called into the courtroom

and questioned by a judge. both sides and defense prosecution agreed the jurors should be dismissed. the public needs to be confidence that this is a fair trial. this leaves us with 19 jurors in total, 11 women and now 8 men and we are expecting for prosecutors to continue to call witnesses as we expect them to do through early next week. >> thank you very much. great reporting. i want to turn out to the trial of three white men accused of killing ahmaud arbery. martin savidge is covering this trial for us where opening statements began tomorrow. the jurors made up of 11 white jurors and only 1 african-american. tell us of the makeup of this community and how this happened? >> reporter: yeah, many are wondering how did this happen?

glenn county is where this trial ils taken place is majority white. 25% african-americans. there were a thousand jury summons and hundreds of people were interviewed including many african-americans for the possibility of serving on this jury. then we get to what is the actual selection process. the way you select a jury is by the defense and prosecution deciding who they don't want on the jury. they do that by strikes. the judge awarded twice as many strikes to the defense as they did to the prosecution. by the time the process was done and at the end of the day yesterday, we found out there were 11 whites and only one african-american. the prosecution was absolutely outraged and they immediately file a motion of the judge. they accused the defend of actually denying eight african-americans of the opportunity of serving on that

j jury because prosecution does not want blacks. they felt these juries were not going to be impartial. the judge sided with the prosecution believing that defense had used race but at the end of it all he said, the law really does not give me much options. we'll go with the jury as has been proceeded and that's where we are. >> any questions as to why defense got twice as many strikes? >> reporter: first of all, there are three defendants going on trial and at the same time, there are three different defense teams and there are six attorneys in total, the judge felt that just given that circum circumstance, that was the best way. what are you hearing about? >> even we are on the eve of

what we anticipate of opening statements, there are two big issues that the judge has to finally rule on. should the jury be told that arbery was on bro barprobation time he was killed. the judge already ruled that nothing can be introduced, but, if you tell the jury that was on probation, the jury is going to assume, well, you don't get on probation unless you have done something wrong. that's one issue. the other has to do with the image that was on the pickup truck driven by travis mcmichael. he's the man who shot and killed aubrey and shooting him three times. on his pickup truck and the front of the vanity plate is a confederate flag emblem. should the jury note of that? and if so, what they may infer?

>> martin savidge, thank you, we'll check back in. >> i want to bring in our senior analyst laura coates and eliot williams. he was a former deputy attorney general under president barack obama. wow. i mean good evening. okay, so, laura, this is -- you do this forever. you know what's up. what do they tell us about where we are in the legal system and with race in this country? >> well, we look at both of these trials, you have jurors being dismissed because the punch line of somebody shot in the back seven times is more important than somebody getting access to a fair trial and somebody being able to understand of humanity and another is you got a concerning effort according to the judge to try to have a jury that's

comprised to people who are all white. there is not a guarantee that you get to have the specific racial composition of your jurors. the supreme court and prosecutors and defense attorneys across the country know that when you are trying to engage any behavior to try to curate a jury in a way. typically what you have here this does not sound like justice truly or the pursuit of justice. it feels like an opportunity to try to undermine it. >> you know, eliot, the juror in rittenhouse. telling deputy a joke about the shooting of jacob blake. why did it take seven shots to shoot blake? it's outrageous. does it say something about what is can be just under the surface

of these high-profile cases here? >> it can be hard on the jury and can be incredibly easy on the jury. someone who either has a pattern or history of making racist jokes can still get on a jury and frankly this is just the individual who happen to make his law enforcement official. the judge did the right thing here by getting this person off and you don't know what's under the surface. >> he felt comfortable enough to tell a member of law enforcement, a joke, i mean -- >> you know, don, it's quite wonderful that you used the term

"comfortable enough." they're both different cases and states and law. the idea is who is allowed to be vigilante in america. i am going to take the law in my hands. >> a member of law enforcement will be cool with him -- do you get i am saying? >> i totally get what you are saying and i am agreeing with you. it's all about what people feel comfortable and empowered to do and that's what he did there. >> laura, i got to get your take on here. >> go ahead. >> it's also the reason you know people often wonder why you have to be reminded that black lives matter? well, it's 7 shots to somebody's back at the hands of police officer's is the precursor to a bunch loine.

this will person felt so comfortable that as you only make jokes to people that has reciprocal humor with, the expectation that this person -- >> is he on the joke? >> and remember, it's the rittenhouse's trial and not about jacob blake being on trial. rittenhouse appeared there because he was trying to respond to and protect property in the after math of the shooting of jacob blake. you can't divorce yourself and the fact that racially charged discussion and inflection point in america, one of many just that you are alone was what precipitated now defendant to be in the area and for two people to be killed and another person wounded. >> if you have sitting jurors making these jokes and correlations, it's not hard to think about how that case or any other racially inflection point would impact a juror's mind in

this trial. >> yeah, i am going to ask you to get your take on this on the nearly all white jury of the trial of men accused of killing ahmad arbery, ahmaud arbery. >> where are you at? >> you want me to pause? let me give you the hollywood pause -- well, let me think, no, don. the answer is no. statistics and history and sociology and history in the law of america testimlls you there different expectation and a different approach of the way which we see injurists when you have a white victim and black defendant. it took months before it to be

prosecuted before the video even shown. you had the former prosecutoors being looped into unethical behavior and criminal behavior as well. now you have defense attorney in this case, i am sorry, we don't have enough people who are over the age of 40, not college edge waited and white men who are referred to as bubba or joe six-pack. this is not the same as we are talking about a white victim and three black men on trial. they exonerated five. the expectations or thought that there are black defendants who committed the crime. >> don, to add to that the other thing is that they were struck and mcmichaels, they.

>> reporwere struck because they had strong views. the notion that black jourors wo expressed strong views automatically -- it's pretext getting them off the jury. under the law you can't strike a juror because of their race. >> why are the black jurors biassed and the white jurors are not biassed? >> it's a gross standard you are seeing here. the white jurors expressed strong views of the case and they live in the community and so son. of the 11 overwhelming majority got worse struck on the base of strong views. >> can i ask you something. don, you got to bring light into this? why do judges have so much power

when we can see the ridiculously of this and you can see the bias of the judges, why don't the judges have someone, you know what i am saying? >> hey, go ahead laura. >> let me just play and give an olive branch to the judiciary moment. i am often critical, but to a certain extent and eliot knows this. we were talking about what the law provides, the supreme court allows for you to give a non race based reason to articulate a reason that you obstruct a juror. a judge's hands are tied to be able to say well, you provided some reason as a juror. now, it may not pass the smell test for most people but that's a question really to reform aspects of what we require to

prove that you have a non discriminatory purpose for striking the juror. judges want to avoid being appealed. if there is a conviction, they want to make sure they have a clean hand and they have done everything they can. you see that here. it's about giving a fair trial to both sides, not about bending backward for a defendant. >> eliot, are you good? >> did you want to weigh in? >> oh, you are literally asking me are you good? oh, when the chief council speaks, i am always good. >> all these rules act to protect defendants across the criminal justice regard gless o their race. you want to be able to ensure

that a defendant gets a fire fire -- fair trial. using example expressing strong views or biases, and just being able to say we have a race neutral reason, you can always, don, point to a race neutral even say someone's zip code and they happen to live in a black neighborhood. so you know at the end of the day, you can use race but sort of say you are not using race. >> so what she says. >> okay. thank you. >> what laura says. >> how you are going to play eliot, the sharp attorney and i commended him and he did not additive. >> thank you. >> lyrics and music, don. >> that was a backhand smack to me. >> no! >> no, don't get me in trouble

here. >> it's all good. >> all right, guys, see you later. >> thank you so much. the democratic party split and not able to get on the same page. what do they have to do to write the swift? i am going to talk to two former senators who would know. we'll be right back. d dries qui. no mess. just the soothing vicks' vapor for the whole family. introducing new vicks vapostick. exclusive ticket access to unmissable events. that's the real music to your ears. one of the many reasons you're with amex platinum.

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good evening both of you. set tomorrow for the $1.9 trillion build back better bill. getting these bills back, do you think that's what this is? that's a lot of it. it's clear that voters a are -- what they see is washington unable to manage affairs. i am glad for see a vote and probably as it is house, it's not going to pass the senate. it's very important that i is -- they get a moderate bill. not a bill that's too extreme.

that's what majority of voters want want. the infrastructure bill is critical. bill clinton once said, people care about their income and getting that infrastructure bill passed. >> senator boxer, she says nobody elected him to be fdr. they elected him to be normal and stop the chaos. the congress called on her to support the packet. what do voters want from this president? >> i think they want all of the above. they want to return to normalcy after we had a president who was anything but normal and divided us and hurt us and divided us so badly that we are still reeling from it. yes, i agree with her.

i think they also want action and times are tough with the pandemic and it's around and he talks about it beautifully all the time. people are still weary and i'm siting here i used to be able to go to a studio to do this. i am in my home which is unfortunate. it works out. everybody is dis-- i agree with former colleague, he was the chairman of department works. we deliver these infrastructure bills. i did three and i am so proud of them. by the way, we never kept hold in the conference until the deal was done. they're looking at the sausage and it's ugly. >> right. >> get down already and get it done. >> thank you, i could not aglee with you more.

on the whole idea that we did not elect him to be fdr, what should his priority be with the midtermless than a year out? >>. >> my experience when i was in the senate when one party controls both the white house and the congress, they started to go too much and too far and tend not to listen, get too much in their heads. i think some of that is happening here. i think that is the package is way too big and that caused frankly the inability of congress to get together because that forced moderates to dig in. and it's natural. i do think it's too big because of same bipartisan power. now frankly, the president sits

down oh, i am locking the door, we are not leaving until we get a deal here, both on infrastructure and the big package. that's what presidents should do and joe biden should do. >> i had a conversation with jon meacham. a key player of getting anything passed is senator joe manchin. i want you to listen to what he talks about the about on cnn. >> i think we cut all the same calls and i think joe biden is a moderate, i think he understands and he wants to sit down. he did it for 36 years. people who worked with him are still in the senate now. tell me that joe biden is great to work with. he was always in the middle.

>> is biden a moderate? is he being dragged too far to the left and this social spending is all the president? >> joe biden is joy e biden. he's going to go for the policy where he thinks is right. he's going to do it wisely. he's very close margins and very difficult. one of the things joe manchin says i agree and i don't agree with joe and manchin on a lot of his stance, i think that he's missing some very important points. he said something that was truly -- you guys have to elect more liberals in order to get more of this done. he's right. the reason he's front and center and cisinema is front and cente is 50/50.

it's key to have the big tent. you have to learn to walk in other people's shoes. i thought i knew everybody and everyone was wrong and all that. pretty quickly, i recognize those from the purple districts and later the purpose states. you have to walk in their shoes so go as far as you can go. be pragmatic, i think that's what joe biden is. i think -- yes, i think he has liberal and progressive views on many they ings but he's a pragmatist. it's incumbent on every single democrat. pull that tent together and don't let it fall. i feel so strongly about that. >> senator, what did you think happen in virginia?

>> i think democrats should take it by surprise and they took it for granted and look at the results. >> i do think and not to be critical, mcauliffe, i think too much time talking about the past of what he's done in the past with joe biden. rather -- >> stop talking about the former guy and he's not in power anymore and people are frankly tired of hearing about him. >> thank you both. i appreciate it. we'll be right back. what is it? so you can get to know your new granddaughter.

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i am not going to jail, sorry to rain on your hater parade, i did nothing wrong. the judge says otherwise. the 51-year-old real estate agent flew to washington, d.c.

from texas on a private jet with two friends to attend to stop the steal rally. leave streaming herself as she walks into the crowd of the building. and now she's facing 60 days behind bars. that's a harshest sentence for someone who pleaded guilty of misdemeanor defense, the judge called her out for a total lack of remorse. ryan ashley believes ryan deserves a pardon from trump. that tweet speaks for herself. if you think she has remorse for equating her blond hair and no jail time, listen to what she said when cnn caught up with her and asked her about that tweet. >> i think that is a travesty,

everybody should be able to tweet and not persecuted. what you tweet because you will go to jail. it's a free country. it's free speech. >> those are the people who say oh, cancelling - no. no remorse for citing her skin color or hair color. no explanation for why being white or having a good job made you won't go to jail either when you did something wrong. more rioters are being sentenced. remember that, almost ten months later, none of the politicians spread the big lies faced any consequences. whether they will? we shall see. >> meanwhile, the unfriendly

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the feds are sending a new message, bad behavior may land

you in jail. >> reporter: the most egregious acts of violence on-air. more than three dozen of unruly passengers to the department of justice eventually charged and convicted, they could face up to 20 years in jail. >> sarah nelson, the association of flight attendants. 5,033 unruly incidents this year alone. now it's asking prosecutor to bring charges against 37 of those passengers. we know this works. the justice department need to take action and put them in jail if you act out like this and put everyone in jeopardy. >> the faa said it had no

tolerance for passengers throwing punches. the faa's newest fleet of passengers aired first on cnn. the justice department can bring charges. the ad shows the notice offender opens when their case turns criminal. >> we are pulling out the stops. >> reporter: faa's steve dixon says more investigateors are meeting flights at the gate. last week, a man charged for punching an american airlines flight attenaddant in the face. >> the crews are there for passenger's safety and this is about a behavior that's not appropriate and we need to get it under control. >> certainly do. >> pete, thank you very much for that. we'll be right back.

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before we go, a sneak peek of a new cnn special report. make sure you join jake tapper for "trumping democracy: an american coup." it begins tomorrow night at 9:00 and i'll be hon right after that. here's a look. >> freedom! >> you'll never take back our country with weakness. you have to show strength. >> january 6th was the line that can't be crossed. january 6th was an unconstitutional attempt led by the president of the united

states to overturn an american election and reinstall himself in power illegitimately. that's fallen nation territory, that's third world country territory. my family left cuba to avoid that fate. i will not let it happen here. >> that's republican congressman anthony gonzalez of ohio. >> i rise today in support of the cuban people. >> grandson of an immigrant, he has a quintessentially american american success story. a talented wide receiver who played three years for ohio state. five more in the nfl. and when injuries sidelined him, he got a business degree from s stanford. all this before age 34, when gonzalez felt called to run for congress. >> i got into this because, look, my family came here from cuba. my father's family came here from cuba. we come from a country that has fallen. we come from a failed nation. and we've seen what happens when the rule of law is dismantled,

when a strawman is allowed to take hold and democratic norms cease to exist. >> and now the conservative republican has a warning for all of us about what trump and his minions tried to do when they tried to steal the election. >> this country's been through a lot. we fought through it and we've persevered. as much as i despise almost every policy of the biden administration, the country can survive a round of bad policy. the country can't survive torching the constitution. that's the one thing the country can't survive. >> and thank you for watching, everyone. our coverage continues. no mess. just the soothing vicks' vapor for the whole family. introducing new vicks vapostick. this is the planning effect from fidelity. ben isn't worried about retirement

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