tonight the testimony phase of kyle rittenhouse's trial is over the defense wrapping up its case. up next closing arguments and the judge's instructions to the jury before deliberations begin. also tonight a shocking request by one of the defense attorneys in the trial of three white men charged with murdering ahmaud arbery. no more black pastors in the courtroom. you'll hear for yourself just ahead. and the january 6th committee turning up the heat on trump's former chief of staff mark meadows threatening to pursue criminal contempt charges if he refuses to appear before the committee tomorrow as required by the subpoena. we'll start now with the rittenhouse trial and cnn's omar jimenez. >> this is not a political trial. >> reporter: but politics and questions of bias emerged from the back drop of the trial, from the defense's tenth witness drew hernandez. the self-described commentator

on the streets of kenosha the night of the shooting. >> have you ever posted anything on social media? >> yes. >> in support of kyle rittenhouse? >> one could argue, yes. >> reporter: it was a recurring theme brought out by the prosecution. >> your videos that you have captured of these incidents that you call riots, they are very slanted against the people rioting. you characterized them as antifa, black lives matter rioters correct? >> because they are rioting in the footage yes. >> reporter: hernandez was called largely to draw contrast between joseph rosenbaum the first killed by rittenhouse in august 2020 in the aftermath of protests in kenosha. >> rosenbaum was challenging kyle rittenhouse from behind. >> you hear that real time? >> hear and saw it in real time. >> reporter: compared with kyle rittenhouse. >> did you observe him acting in an aggressive manner toward anyone? >> in no way, shape, or form.

the first time i saw kyle he actually de-escalated a situation. >> reporter: notably an objection led the judge to admonish the prosecution for the second consecutive day >> i am a little bit challenged when you say is there something that i'm saying that draws the face you are making? go ahead and say what you want to say. >> i have to say yesterday, your honor, i was the target of your ire for disregarding your orders. today the defense is disregarding your order. >> reporter: the day began with establishing a meticulous timeline of what happened looking at slowed down video of the moments in and around the shootings that night including the second set of shots fired that began with the still unidentified person known in court as jump kick man and testimony from a use of force expert called by the defense. >> what occurred first, the kick to the face by junk kick man to my client, or the first gunshot? >> based on my analysis the kick to the face occurred prior to

the gunshot. >> reporter: those shots missed. the next ones to the chest of anthony huber would be deadly. then the shot to the arm of gaige grosskreutz all of it just shortly after the four shots that killed joseph rosenbaum. >> can you tell us the amount of time that passes between the first shot, observation number eight, to joseph rosenbaum, and the final shot to mr. grosskreutz? >> approximately 1 minute 20 seconds. >> in that 1 minute and 20 seconds the defendant fires all eight shots? >> reporter: a day after rittenhouse's at times emotional account of what happened in that minute 20 gaige grosskreutz the only survivor of those shot that night felt it wasn't genuine. >> to me it seemed like a child who had just gotten caught doing something that he wasn't supposed to. more upset that he was caught and less upset about what he had done and what he had taken and

the numerous lives he affected. all right. that is in kenosha. now to the trial of the three men who shot and killed ahmaud arbery a 25-year-old unarmed black man out jogging. cnn's martin savidge is covering the story for us and joins us live this evening. good evening. today we heard testimony from the owner of the under construction home that has been the central focus of this case. what did we learn? >> reporter: it's interesting, don, the entire day of the testimony was consumed by the interview and testimony of just one man, but this one man is a crucial witness. what is also interesting is he could be a crucial witness not just for the persecution. he could be a crucial witness for the defense as well. today he was testifying on behalf of the state. key testimony.

take a listen. a key witness on the stand. >> do you swear to tell the truth the whole truth and nothing but the truth so help you god >> i do. >> larry english jr. owns the home under construction that would become a source of tension in the neighborhood. the same home ahmaud arbery is seen visiting and running off from the day he is killed. >> is that a fair representation of your house? >> yes. >> reporter: in testimony recorded in september due to health reasons english says he placed security cameras at the property because it was normal for people to come and go from a construction site and he worried about liability. his cameras captured people on the property several times in late 2019 and early 2020. on october 25th, 2019, english sees a black male on the property and calls 911. >> he's a colored guy, got real curly looking hair, tatooed down

both arms. >> did you ever see that person take anything that night? >> no. >> did you ever see anything in his hands, bag, flashlight, anything? >> no. >> reporter: the same male is seen several times visiting the property at night but over and over on the witness stand english was asked the same thing. >> did he ever take anything? >> instead english said he believed at the time it was an unidentified white couple on the property responsible for items missing from his boat something he told police in this 911 call. >> how many are there? >> there was a male and a female. >> reporter: three white men gregory mcmichael, his son travis, and william "roddie" bryan jr. are accused of chasing arbery in vehicles and killing him in their neighborhood last year. defense attorneys say they were attempting a citizens arrest of arbery who they suspected of burglarizing english's home after word began to spread of intrusions on his property.

english told cnn he never believed arbery had taken anything, as he did on the witness stand. do you believe arbery stole anything from your house that day? >> not whatsoever. >> reporter: but on cross examination the defense argued english has changed his story after receiving death threats and that he originally did see the black male on the property as a threat and suggested the same to police and neighbors. >> it is not what you told the police, is it? >> reporter: on february 23, 2020 ahmaud arbery was spotted inside the same home under construction not seen just by surveillance cameras but also a neighbor who called 911. it would be that sighting moments later which would trigger a deadly confrontation. >> this is another example of how the state is methodically trying to take apart one of the key pillars of the defense here and they're of course claiming the three men they were trying to make a citizens arrest because they thought there was a

burglary that had taken place at larry english's property. but larry english with his testimony today is essentially saying, there was no crime in my home. don? >> i want to ask you about a shocking moment that the defense attorney kevin goff who represents william roddie bryan jr. objecting to civil rights leaders attending the trial to support arbery's family. talk to me about that. >> reporter: yeah. kevin goff is known for his off-the-cuff statements that hardly seem like they are or should be made in a court of law. so today it was actually during a break from that testimony you were just watching that outside of the jury, the jury was not in yet kevin goff gets up and says, your honor, i'm really concerned. and then he launches into what is almost loike a kind of legal rant. he was upset he said because he

realized the reverend al sharpton had been in the public seating area the day before. it wasn't like he recognized it the day of. this is after the fact. and he was very upset that he thought it could influence the jury. here is the statement. >> we're going to start present starting yesterday we're going to bring high profile members of the african-american community into the courtroom to sit with the family during the trial in the presence of the jury. i believe that is intimidating and an attempt to pressure, could be consciously or unconsciously an attempt to pressure or influence the jury. we don't want anymore black pastors coming in here or other, jesse jackson whoever was in here earlier this week sitting with the victim's family trying to influence the jury in this case. if a bunch of folks came in here dressed like colonel sanders with white masks sitting in the back -- >> okay. that is when the judge cut him off at the knees because no one knew where he was going with the colonel sanders thing. quite frankly, i mean, what

appears to be a person who has no understanding of the parameters of this case, it is all about race. it's three white men accused with the murder of a black man who was doing more but jogging. here is kevin goff getting up in this court setting and saying, we don't need any more black pastors which is almost implying like we don't need any more of those rabble rousers in this community. remember, this case is being tried in a jury that is predominantly white. it went over awful in court and the judge was glad to move on. >> feels like the 1950s. can you confirm, jesse jackson was not in the courtroom. >> reporter: no, not at all. >> always a pleasure. thank you. >> you bet. joining me now the former mayor of baltimore stephanie rolgs blake also a former defense attorney. good to see you mayor. thank you so much for doing this. >> good to be with you. >> race was already a major

factor in this case. what do you think when you heard that comment about not having any more black pastors in the court? >> if there was ever a doubt of the feeling of this defense team, this notion that they get it that their clients are being seen as racist, being seen as -- they're confederate sympathizers. i think the defense attorney's statements today are consistent with that which is really sad in today's time. >> yes, testimony wrapped up in the kyle rittenhouse trial today in kenosha, wisconsin. we know that the jury's decision -- could know the jury's decision next week. did rittenhouse's lawyers make the case he was acting in self-defense in your opinion? >> the defense attorneys for kyle rittenhouse made a big gamble and i think it was a big risk and big pay-off.

they gave him a chance to be an empathetic person in the minds of some of the jurors. understand he doesn't need to get all 12 jurors to believe his as some people say crocodile tears. all it takes is one good soap opera fan and they might believe some people are saying his performance. >> yes. let's look at the two cases together. quite a stark contrast of how young black man and young white man can be treated in this country. >> the problem with race in this country, that is on trial when you take a look at these cases. the fact that in one case if someone who was willing to put their life on the line with an automatic weapon to protect property that is not even his, then you have the same thing with the ahmaud arbery trial.

and when you also have the same individuals talking about how they'll do anything to fight and protect life, when it comes to a women's right to choose yet they are so willing to cast aside the life of a black man in this country. >> i want to turn now to the astroworld tragedy because i know that you have knowledge about this. a ninth person is now dead after injuries at the concert. you have spent time with travis scott the past few days. what is he saying, mayor? >> he is devastated. i spent time with him and his team for the last two days and he is simply devastated. when the news came of the latest death, he is -- he is mortified. he is so determined to make sure something like this never happens again and that is why i'm trying to be helpful because i know there were lots of institutions that had to break

down in order for something like this to happen. there are so many people, institutions that are responsible for safety on the ground. what we know for sure is it is never an entertainer's job to plan security, plan the layout, plan emergency management. emergency response. none of those things. my goal is to work with him so we can put things in place so no one else loses their life when they are enjoying what should have been the time of their life. >> there has been a discussion about what has happened before about travis being arrested twice for inciting crowds at previous concerts and pled guilty to claharges stemming fr that. there is a 2015 gq interview and i quote here, it is on how to rage and he said he wanted his concerts to feel like high energy wrestling matches. you said it is not on the entertainer but is he thinking

about how the culture of his concerts could possibly be putting fans in danger? >> what we know is he has done over 300 concerts, about 50 astroworlds. something like this has never happened at one of those big shows. in the past, he did plead guilty because he knew that he -- the power of his word. he learned the power of his words. that was something five or six years ago, what i saw when i spoke to him was a person who has matured and understands he has stopped his own shows to check on his fans in the past subsequent to those incidents because he knows that he wants people to have a great time but also to be safe. so to have something like this happen in a city he loves and has dedicated so much time and effort to make better, he is

really -- his heart is broken for his fans, for the families. >> did he talk about why he didn't stop this one? has he said why? that is the question. if he stopped them before why didn't he stop this one? i don't know what he saw but there is videotape of people saying stop the concert and so on. >> right. so i was saying, you know, i mentioned that he stopped the concert before because when he saw and knew there was a problem before he stopped the concert before. he said very clearly when i spoke to him he could not see what was going on. >> he was wearing an ear piece. no one told him in his ear piece? >> no. he is connected to the concert. he wasn't connected to security. the fact of the matter is 20 minutes after the first incident you see on tape police officers standing in front of him, members of the high ranking members of the police department who have the same vantage point he has and they couldn't see

what was going on. so this notion that he had an ear piece that was connected to the fire marshal or the police department is just not true. he didn't know what was going on at the time. neither did the police officers and public safety individuals who were right there where he was. and that's a tragedy. >> where is the breakdown then, mayor? because you know what people are going to say. something goes wrong on this show it doesn't matter if it is a producer or writer or production assistant. they'll say it is don lemon's fault. as the head of the show i have to take that. they'll say it is travis's fault. what was the breakdown? why wasn't there communication with the, you know, with the safety people, law enforcement, the medical people? why wasn't there a way for people to say there is an issue in the crowd, or stop the

concert. why not? >> the deal is, don, it is not his fault but he wants to take responsibility for making sure this doesn't happen again. what you talked about, those breakdowns in security, we need to figure out what that is. houston is a beautiful city that has huge events all the time. there are cities around this country that want to make sure they can have these types of concerts, high energy, where people can enjoy themselves, and commune with each other and do it in safety. that is why i'm working with him and working to put best practices in place so this doesn't happen again. >> what is his demeanor like the last couple days? how has it been for him the last couple days? >> i was awe struck by his overwhelming sadness. this is a person who loves his fans and loves his city and is

devastated to his core that something like this happened at his show. >> mayor, thank you. i appreciate your candor. thank you for coming on. we'll continue to talk about this. and travis can come on and speak whenever it is time. thank you so much. an ultimatum for the former white house chief of staff appeared, to appear before the january 6 committee tomorrow or risk criminal content and a delaying tactic buys the former president time but what will it mean for the investigation? >> it is not going to slow down our investigation and i expect that keeping the supreme court potentially aside we'll have the documents fairly soon. and he gets one-on-one coaching when he needs it. so ben is feeling pretty zen. that's the planning effect from fidelity

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here's our breaking news the january 6 select committee threatening to hold mark meadows in contempt if he doesn't appear for a deposition tomorrow and turn over documents. so much to discuss now with cnn white house correspondent john hartman and former u.s. attorney harry litman. i love having you guys on. good evening. good to see you. >> good evening. >> this has become a major stand-off between meadows and the select committee. what can you tell us? >> what we know is that donald trump has no interest in the truth, in the rule of law, or the integrity of american democracy. that attitude filters down to his team. we saw that in their conduct after the election. we saw it on the january 6th insurrection. and now we see it in their blanket resistance to the congressional inquiry here.

what they're trying to do, throw up legal obstacles, try to drag out the effort to drag them in for testimony as long as possible, if they're shut out the first time they try to appeal. if they show up, not talk, and count on the fact that the justice department may not be very fast to bring criminal contempt proceedings, you know, you were talking the last hour with mark meadows -- sorry -- john dean and making the analogy to dean's testimony against nixon and wondering about whether meadows might do the same thing and all the wrath that would fall upon him. john dean decided what happened in the nixon white house was wrong and he was going to expose it. that is why it made it worth it for him to take that flack. there is no indication that mark meadows or the leading members of trump's team think what they did was wrong or have any intention of saying so. i suspect that the most consequential thing that could

come out of the various court fights is the documentary evidence like the memos that meadows wrote as opposed to his own testimony. >> john dean just spit up his night cap when you confused him with mark meadows. i'll move on. harry, let me bring you in. the january 6th committee letter to meadows' lawyer says in part simply put there is no valid legal basis for mr. meadows' continued resistance to the select committee's subpoena. how do you see this playing out? do you think he is going to be held in contempt? >> well, first what meadows' lawyer said in response was, it is not fair that biden makes the decision when other presidents haven't. that is a really weak position. and if judge chutkin's ruling holds up and it should that says it is the current office holder who gets to decide not the previous one then meadows will be on very weak ground. i agree with john he'll do anything and everything he can

but if we pause it that the other case moves expeditiously and holds definitively, there is no executive privilege here then he doesn't have a leg to stand on and it is not just the documents. you know, testimony of recalcitrant witnesses is not often very illuminating. it can be grunling and squirrely but he'll still have to talk. i think it is now all kind of coordinated or aligned with the opinion that is working its way up now into the d.c. circuit. that will be the cleanest way if it really establishes no executive privilege, get out of here, then the meadows, bannons, and clarks of the world are in a very different position including in criminal contempt because there is no intent issue at all. they're just dead to rights. >> also tonight we want to talk about the federal appeals court pausing release of trump's white house records, just temporary,

so now what? >> well, there is a panel of the d.c. circuit court of appeals which appears to be one that lines up well for the congress and the attempt to get these records. these are all democratic appointed judges including one appointed by president biden himself. if the case is decided expeditiously and the supreme court does not decide to take up the case, then you could have this happen very quickly. i'm sure the trupp please team counts on the hope a supreme court stacked with several trump appointees might ultimately vindicate their position but as harry indicated it is not a particularly strong position given that donald trump's not president anymore and so i think the prevailing assumption is sooner or later they'll get those documents. the problem with the delay strategy of the trump team is

you've only got about a year in all likelihood given the political dynamics that democrats will control the house. and so they are trying to slow it down as much as possible >> i have got ten seconds. i'll give you the last word. >> okay. that is the big if. kinzinger said it, john, too, the d.c. circuit will hold and affirm then it'll go to the supreme court. if they even just take the case, we're out till june and it is too late. that is the question, will the court take it sometime in december? >> and here we go again. thank you, gentlemen. appreciate it. prices surging on everything from gas to milk sparking major concerns over inflation. now president biden is changing his tune on how long it could last. lives life well-protected. ♪ and even when things go a bit wrong, we've got your back.

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and propane. those are up. we're spending more for gas. holiday gifts are expensive. it is going to last for a while. i think you are looking at the end of next year until this works its way through the system. it is going to be tight for a lot of people. >> the president had been and his top economic people saying inflation is only going to last a short amount of time. he is now changing his tune that it is going to be longer that this is transitory. >> he is changing his tune because he has to politically right but there is almost zero a president can do to fix this. it is a supply/demand thing, out of his control. we were pent up through the pandemic and now we just want to buy stuff and the supply chain is messed up and there is consumer demand and not much a president can do up to and including making ports work 24 hours. he is dealing with it as a political problem. the place you have to look is for consumers. when we finally feel we've had enough and the fed central bank,

federal reserve and treasury secretary yellen are banking on the middle of next year. it is going to be a while. >> you interviewed secretary yellen this week. i want to play part of it. >> sure. >> if this turns out to be something that is endemic, in the 1970s we saw supply shocks turn themselves into endemic inflation. we're not seeing that now. i don't believe we will. but if that were the case the federal reserve would have a role to play to keep it under control. >> look, i am old enough to remember those days. people are asking why the fed isn't acting right now. should they be? >> no i don't think the fed should be. the fed needs to wait to see what happens once this once in a lifetime pandemic that hit this economy works its way through. that is going to take a while. believe me, jay powell is watching as close as anybody and as soon as he sees indications it is not transitory, not just going to go through the system,

then he'll raise interest rates. i promise you. yellen told me that the other day. everybody i think just needs to hang on for a second and see what happens. >> we're not going to go back to gas lines are we and odd and even number license plates? >> i hope not. here's the deal. it was a different kind of shock in the '70s. >> got it. thank you. >> all right. >> always a pleasure. so he wrote books so children of color could see themselves in the books they read. so kids could see diversity on their shelves. then his books were banned. the author of "new kid" here next. you just sent. ...with a typo. aaaand most of the info is totally outdated. orrrr... you could use slack. and edit your message after it's sent. [sigh of relief.] slack. where the future works.

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all right. i want to get to james clapper now to talk about what is going on in washington. thank you director. i appreciate you joining. happy veterans day to you. >> thank you >> i don't know if you recognize the neck tie i am wearing this evening but i want to say thank you very much. >> oh, thank you. >> i appreciate you joining us former director of national intelligence. i want to read a letter you and others sent to congress. it says this. the rampant spread of election disinformation and the efforts to undermine confidence in the

democratic process jeopardize our national security in a number of dangerous ways. what threats are you worried about, sir? >> well, the threats are both internal, that is domestic, and foreign. and i think mike hayden and i co-authored an op-ed in "the washington post" today that kind of dwelt on the foreign aspects of this. as we assault our voting apparatus and the right to vote and this sort of thing that generates a vulnerability and a weakness that foreign adversaries most notably russia and perhaps, probably china, will exploit. so the point here is this has serious national security implications as we consume ourselves with the polarization and divisiveness particularly as it affects our very democracy. >> let me just read, you mentioned it is general michael hayden from "the washington

post" and just about disinformation. you say a society struggling to separate fact from fiction is a perfect environment for these actors to further erode electoral trust and kick democracy no a death spiral. those are strong words. this information is coming from the gop. it is coming from russia. where else? >> any other adversary particularly those who have gone to school with what the russians did starting with our election in 2016. as i've spoken before, don, we discussed this. this country has a bad case of what's called truth decay. and that is fundamentally corrosive to a democracy. that is what the letter was getting at about the corrosive effects of not being able to agree on a set of facts. >> you talk about how bad actors could use these election

fraud-its to their advantage. you say they might also seek to take advantage of the exposure of sensitive information about election equipment or voter data that resulted from recent hyperpartisan election reviews such as arizona's. what could our foreign adversaries do with that kind of information, sir? >> well, they can manipulate the outcome of an election. particularly if they do gain access into the actual voter mechanics and machines and this sort of thing. so if they want to affect an election through technical means, quite apart by the way from what they do in the way of social media, to push a particular agenda, well that is really fundamentally dangerous to our electoral process.

that is fundamental to our democracy. >> today as we mentioned is veterans day. we're honoring all those who fought to protect this country and our democracy. what message are we sending to them if we can't protect our most fundamental right? >> well, one of those who spent a lot of time in my professional life defending the country. i think this is of great concern to veterans as a group that the sacrifices veterans and their families have made, many of course paid the ultimate sacrifice to preserve those very institutions of this country that have made hthis experiment in democracy flourish. that is in jeopardy. i think the message here to the public is that veterans have a big stake in this in the outcome

of whether or not we preserve our democracy as we've known it. >> well, again, thank you for your service. and say hello to general hayden and to mrs. clapper. you have really great taste in ties. i like that one. i told director clapper that i liked his tie when he was on the show and it showed up in the mail. you're a good man. >> thanks, don. >> thank you. >> you got a great memory. >> have a good night, sir. see you later. parents complained and his books were banned until they read the book. jerry craft the author of "new kid." he's next. ♪ and my clothes smell so much fresher than before ♪ ♪ yeah, yeah ♪ ♪ i'm a ganiac, ganiac, check my drawers ♪ ♪ it's a freshness like i've never smelled before ♪ one sniff of gain flings and you'll be a gainiac too!

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schwab! look forward to planning with schwab. oirks the manufactured outrage over critical race theory reaching new heights in texas. one school removed books from a library and postponed an event because of a complaint the books exploit the graduate level. the books, by jerry craft. they tell the story of a 7th and 8th grader who attend a school known for academics and they are one of the few kids of color in the grades. and then the school put the books back in the library. a texas lawmaker has launched an investigation on 150 book on

race and jend their could cause discomfort to students, and those two books by jerry craft, they are on the list. author jerry craft joins me now. what a story. >> thank you. >> what do -- okay, so there is a lot of back and forth. why do you think parents complained about the books in the first place, and what do they say now? >> you know, i focus on the positive. i mean, new kid is in 13 different languages. so there are kids all over the world reading it. i get emails from teachers talks about their kids have never read the book, and they read it four or five times. so i don't know what is going on. it's the only book ever to win the newberry, and the curtis scott king award. i heard, and said, the kids are

really missing out. they really bond with the book. >> i have to tell people. if you're talking to people in academics, i said i wanted to write a children's book. there are publishers who said, it has to live up to this. they send me "new kid" and "hey kiddo". they are saying -- the people are really missing out here. you wrote the books based on your own experiences, right? you didn't see characters like you represented in books, and you wanted kids today to feel seen. >> right, right. i absolutely rated to read. i read marvel comics and that was it. bus because i never saw books with kids like me that weren't enslaved, a gritty urban tale -- i don't want grit. i grew up in a brown stone in washington heights and i went to a private school, and i wanted

kids to be seen where it usan't always gloom and boom. apparently that was the grab. >> what do you say -- critical race theory, what do you say to those? >> i had to google it just like everyone else. you know, and it's really -- you know, in "new kid" -- it is a graphic novel. there are pictures. it's a big comic book, and it's stuff that really happened to myself, and loosely based. is a lot of humor in there. are kids, they are reading and it cracking up. i relationship it positive. there are kids who have cried because they are like, mom, i have never seen myself in a book before, and i get letters from brazil and new zealand. so i don't think that they're letting the kids read it. they are adults that are preconceived notion, and if they let a focus group of kids read

and it talk to the kids and find out what they did, and what they get from it, and how they feel seen, i don't think we have a problem. >> jerry, it's a pleasure to have you on, and i will go and re-read them. thanks for watching, everyone. our cove rage continues. so subaru is growing our commitment to protect the environment. in partnership with the national forest foundation, subaru and our retailers are proud to help replant 1 million trees to help restore our forests. subaru. more than a car company. ben isn't worried about retirement his personalized plan is backed by the team at fidelity. his ira is professionally managed, and he gets one-on-one coaching when he needs it. so ben is feeling pretty zen. that's the planning effect from fidelity

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