and if that was not enough, the dodgers reliever pitched a scoreless eighth inning with his mom in the standing from venezuela. and not only had she never watched hip pitch in the majors before, they had not seen each other in seven years. and so he retired the side in order and he pointed to his mom. broke down in tears as he would go on to hug his teammates in the dugout. so what a night for the moms in major league baseball. >> you're going to make me cry before 6:00 in the morning. love it. amazing to watch. thank you for that. we'll see you tomorrow. and thank you all for being up early with us. i'm kasie hunt. "cnn this morning" starts right now. ♪ good morning, everyone, it is hump day, wednesday. and there's a lot of news to get

to this morning. five things to know for this wednesday, september 20th. in just hours, attorney general merrick garland will testify before congress, and he will say he is not the president's lawyer, and not congress's prosecutor. >> and keeping our eyes on the capitol, republican dysfunction in the house, it continues. a handful of far right conservatives blocking debate on a pentagon spending bill as the clock ticks down to a government shutdown. and donald trump's ex-assistant says the former president told her to play dumb about classified documents according to reports. new federal charges in the fentanyl death of a 1-year-old child at a day care center in the bronx. investigators say they found a kilogram of the drug on top of play mats. writers will be back at the negotiating table today after five months of strike as the auto workers strike moves into day six. "cnn this morning" starts right now. ♪

wednesday can be a hard day, middle of the week, hump day, you kind of grind through it, and it's a little bit like house republicans trying to grind through, no end in sight. >> do not compare our wednesday to what house republicans are going through right now. >> at least we know where friday is. they have no idea or concept where the end game is as it current stands. they're also having a major hearing today which we're going to have eyes on, and that's where we start new this morning. we're getting a sneak peek at attorney general merrick garland's testimony as he prepares to testify and defend himself on capitol hill. garland is expected to go before the house committee. republicans who have accused him of weaponizing and politicizing the justice department. cnn has obtained excerpts of garland's opening remarks. the doj's job is not to take orders from the president nor from congress or anyone else about who or what to criminally investigate. that's a quote.

it will be a rare opportunity for house republicans to question garland face to face on live television about the criminal probe against donald trump, probes against donald trump and the federal investigation of hunter biden. let's bring in cnn national security and justice reporter, zachary cohn, there's so much to get to with garland and the framing of this with all of the politics involved is going to make it, i think, even more explosive, and he's anticipating that with these remarks we have seen. >> a little bit of a preempting on garland's, and we expect him to emphasize the point that when it comes to investigating and indicting, the justice stands on its own. it makes charging decisions and investigating decision as its own entity. that's the central point garland is going to make. one expert hones in on that point. i'm not the president's lawyer. i will also that i'm not congress's prosecutor. the justice department works for the american people, again,

making clear when it comes to investigating and criminal charges the justice department makes those decisions outside of political influence. republicans and democrats are going to have their chance to question garland directly, as you said. republicans are really going to probably focus on two main issues, hunter biden, the idea and claims he got a sweetheart deal, and political influence over the investigation of hunter biden. they want to ask questions about the two indictments of donald trump by special counsel jack smith. expect a lot of questions on those topics today. >> zach, i want to underscore poppy's salient point which is this was planned, right, doing the excerpts, the way they're structuring this, the fact that they're putting it out before the hearing, also the specific elements they're putting out. they have a plan here to get in front of this, including on the criticism that garland and other justice department and fbi officials have faced from republicans, right? >> absolutely, and they want to make the point that when it comes to career officials at the

justice department, garland does not think they should be publicly criticized. it's dangerous. one quote says all of us at the justice department understand that with this work comes oversight and scrutiny, but singling out career servants who are just doing their job is dangerous, at a time of increased threats, we will not be intimidated. we will do our job free from outside interference, and we will not back down from der defending democracy. >> it's going to be a busy day. thanks. this is the first time attorney general garland will testify since donald trump and hunter biden were indicted. it's a big deal. many republicans in congress have been zeroing in on the pair of investigations for years, alleging a double standard. you can expect to hear a lot about that today. just listen to this from judiciary chair jim jordan. >> at the heart of all of this is the disparate treatment, the

unequal application of the law, the double standard. >> in the hunter biden case, republicans allege that the justice department had its thumb on the scale. they point to among other things, this testimony from irs whistleblower gary shapley. >> the justice department allowed the president's political appointees to weigh in on whether they charged the president's son. i watched weiss tell senior leaders that he was not the deciding person on whether charges were filed. >> so what he was talking about there was then u.s. attorney david weiss who is now, by the way, a special counsel in this probe. cnn did just get ahold of new transcripts from a number of fbi and irs officials that say they do not remember weiss ever saying that he was not in charge of this decision about where to charge and attorney general garland said as much when he testified. this is all the way back in march. >> i promise to ensure that he's

able to carry out his investigation and that he be able to run it, and if he needs to bring in another jurisdiction, he will have full authority to do that. >> let's bring in cnn anchor and cnn political analyst john avlon. what i said and read is confusing probably to a lot of people. it's confusing to me. i had to go through it a few times. so why does it matter? >> this is the first time the attorney general is addressing two urgent issues affecting the whole country. one is the ongoing special counsel investigation into the former president. and the other is this impeachment inquiry into president biden. merrick garland is the person uniquely capable of addressing those partisan concerns, and he's walking a line here. he's walking a line, zach cohen referred to his testimony, i'm not the president's lawyer, i'm also not congress's prosecutor, and there is an attempt to

politicize justice in our country to reduce faith in law and order and justice, and so this is a chance for the attorney general to try to draw a bright line and clear that up. so, by the way, both of these investigations under special counsel status so that that should remove any concern. in this bizarre world we're living in politically, people project their grievances on almost everyone. >> garland has twice said explicitly that david weiss had the authority to pursue whatever he wanted to, obviously going against what we heard from the irs whistleblower. there are others who have been in the meeting that have different recollections of things. if he does that, again, and i think every expectation is he will, does that put to rest the idea that the thumb was on the scale here? >> it won't put it to rest. there are people deeply invested in pumping up the narrative, to fund raise off the claims of conspiracy, to say they're unequal, you know, standards of

justice in this country. the core principle is equal justice under law. and, you know, look, when shapley came forward, that deserves to be taken seriously. >> two of them came forward. >> very credibly. they're contemporaneous notes. cnn's new reporting showing there are several other employees including the direct supervisor who don't recall that. is it self-significant, particularly against the weight of whether this is going to build into an incredible impeachment inquiry. you need to balance ulall of th appropriately in your mind. that requires being fair minds and people on capitol hill don't seem to be. >> the context is the plea deal falling apart, and hunter biden indicting on the gun charges before they were able to move through a divergent program. >> which is a very big deal. >> can we get to this, maggie habe h

haberman has great reporting in the times. trump telling one of his closest aides, basically you don't know anything about these boxes, the mar-a-lago probe, classified documents, et cetera, that's significant. let's explain who she is, vis-a-vis trump. i want to play this from sarah matthews from the former trump association. >> so this is something he knew very well who would have had a lot of face time with the president, and they can't simply dismiss her, you know, as someone that he would not beware of or who wouldn't be in the know. she was quite literally sitting right outside the most important office in the world, someone who the president knew by name. >> maggie's reporting, a former assistant to trump has informed investigators that the former president told her to say she did not know anything about the boxes containing classified documents. >> it's a very big deal because she was his gate keeper, his executive assistant. the fact she's speaking to prosecutors and saying the former president ordered her to

deny information during an official inquiry, not only speaks to the president's state of mind and apparent sort of obstruction but for the trump folks, the calls are coming from inside the house at this point. these are people who can't be dismissed as having partisan axes to grind. these are folks who are and were very close to the former president and that's what happens when the gears of justice start to grind. some things are beyond politics, and she has credibility because of her proximity. it's going to be tough to demonize. >> john avlon, stick around. >> thanks, guys. also this morning, there are only a few days left before the deadline for government funding. house republicans struggling to salvage a deal. we are ten plus days, 18 hours, 49 minutes, and everything's going great. lawmakers are going back and forth over the issue. they were forced fo delay a procedural vote on a defense spending bill, and then they met

behind closed doors for four ho hours and seem to have made little progress. 15 members are opposed and even more undecided which would sink any effort without any democratic support. cnn's lauren fox joins us now and somehow has been keeping track of all of this. historically there are stages to this process which are defiance, thrashing outrage, denial, grief and reality. where are we in that very scientific stages process? >> well, we're certainly in the thrashes stage right now, phil, to put it scientifically. there was a marathon meeting yesterday in the whip's office as members from every corner of the conference were coming in and out as they were trying to figure out their path forward. kelly armstrong, haileyal sayi it was a therapy session, trying to come up with any path forward. there isn't any among

republicans. you have hard liners asking for an agreement on a top line spending number, around $1.47 trillion, with promises to vote on other appropriations bills one by one, but it's not clear that even that would unlock other hard liners, who have traditionally never voted for a short-term spending bill, phil. >> the infighting from the republican majority in the house wages on. barrelling the u.s. government toward a shutdown at the end of the month. >> i'm not a fan of government shutdowns. i've seen a few of them over the years. they never have produced a policy change, and they have always been a loser for republicans politically. >> reporter: the republican infighting has threatened house spe speaker kevin mccarthy's leadership position. mccarthy is vowing to bring a vote to the floor thursday for a republican-negotiated short-term spending bill, despite already having to pull a procedural vote

tuesday. >> listen, i think the best way to handle anything is you work through this conference, and you get the work done, and that's what we're doing. >> reporter: more than a dozen gop lawmakers are refusing to support the continuing resolution. forcing moderate lawmakers from both parties to look at other options to avoid a shutdown. the so called problem solvers caucus is set to meet today along with house minority leader hakeem jeffries. >> democrats have always stepped in to save us in situations like this. you have to have a republican party that's willing to compromise, that's willing to work with us. >> the group is looking at a plan that could the use of an arcane measure that would include a discharge position, a complex set of maneuvers that would allow the house to send a spending bill to the senate. that option could include a temporary stopgap measure that could keep spending at current levels, provide money for natural disasters, perhaps aid to ukraine and could include some border security provisions.

>> if moderate republicans sign a discharge petition with democrats, they are signing their own political death warrant. >> if the clown show of colleagues that refuse to actually govern, does not want to pass a cr, i will do everything we need to to make sure that a cr passes. the bottom line here is this, we're not shutting the government down. >> further complicating matters, a crucial defense bill is still in limbo in congress. >> five individual members of the republican conference that are solely responsible for this happening. >> i think it's disrespectful to our active duty, to our veterans and our current service members. they deserve better than this from congress. it's a good bill. >> and the impact of a government shutdown on the economy would be insurmountable some republicans are arguing. you're going to expect furloughs for federal workers, armed

service members could go without pay, not to mention the long-term effects that this could have on the economy. phil. >> all right. lauren fox, keep us posted. thank you. we do have new reporting this morning on the concerns major republican donors have about former president trump becoming the nominee again. >> and we'll take you live to the picket line in a great american city, my hometown, toledo, ohio, with how the auto strike is impacting families. >> every dollar, every cent is accounted for, whether it goes for food, electric, gas, rent, it's ketchup and and hot dogs instead of ketchup and hot dogs and applesauce. it's justice one less thing on the plate. and get to your goals faster. sofi. get your money right. you got this. let's go. gobble gobble. i've seen bigger legs on a turkey! rude. who are you? i'm an investor in a fund that helps advan innovative

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who's winning? we are, my friend. we are. welcome back, turning now to the auto strike. cnn has learned negotiators with the union are set to sit down with gm and ford. another meeting with stellantis is set for tomorrow. the uaw threatening to call more strikes on friday if more progress isn't made. thousands of workers are starting their sixth day on the picket line this morning, and in some cases, attempting to adjust to the realities of strike pay. our gabe cohen is live in toledo, ohio. i'm so glad you have been talking about this. they get a little bit of money from this fund, right, but it's not what they're used to. >> reporter: yeah, poppy, that's right, and along this picket line, so many workers have told me they are prepared to strike for as long as it takes, but as

we enter day six, some of these members and the city of toledo are bracing for the potential financial impact of shutting down these plants. >> my favorite toy -- >> reporter: april's morning ritual hasn't changed, but providing for her three boys. >> getting down to the bare minimum here. >> reporter: just got much more difficult. >> i had to check my bank account every day. >> reporter: this third generation jeep worker and single mom typically makes about 19 bucks an hour, working an overnight shift at the stellantis factory. >> hopefully we get back to work. >> reporter: with her plant on strike, april has to figure out a way to live on her union provided strike pay, $500 a week, roughly half, she says of what she's used to. >> it's not much when you have three kids. >> definitely not. >> reporter: you're really tightening the belt right now? >> yes, every dollar, every cent

is accounted for, whether it goes for food, electric, gas and rent. it's ketchup and hot dogs, rather than ketchup, hot dogs and applesauce. it's one less thing on the plate. >> reporter: close to 5,800 toledo auto workers are striking, and many face a similar financial strain. >> be out there as long as i need to. >> reporter: it's already squeezing neighborhood businesses like zingers bar and grill locate near the plant. factory workers typically drop in for lunch or after their shifts. >> how much is business down? >> it's down probably about a good, like, 65 to 70%. >> reporter: violet wagner has been a bartender here for more than 30 years. >> i'm just praying they come to some type of agreement, and that it gets better because if not, i mean, i may have to look for other employment as well. >> reporter: beyond these picketers, toledo is home to a network of auto suppliers that

are starting to feel the impact of the strike. with thousands already losing work, local government officials estimate a month-long strike could cost the toledo area economy about 36 to $50 million. >> this is toledo, a union town, we have a great history of supporting our work force. >> reporter: pete gerkin sohows his solidarity for 30 years. >> when the workers went out, they knew that. this is not a naive audience. they are resourceful enough. >> reporter: the local union is building a food pantry, piling up donations for struggling workers. >> i signed up for instacart. >> reporter: some like erica mitchell feel the need to line up temporary jobs, in case the strike drags. >> i want to find something else to do while my kids are at school to make a couple of extra cl dollars to cover surprises. with kids, you never know what's

going to happen. >> i got in the jeep, my dad did it, my grandpa did it, now i can give my kids the same opportunities. >> reporter: like many workers, erica says she's prepared to weather the short-term pain, hopeful an agreement can happen soon. >> we're going to get back to work. i try to keep the positive mindset as much as i can. >> reporter: and poppy, this could be felt in other communities, if the union does, in fact, expand this strike on friday as the union president shawn fain has said they might. again, the message i'm hearing from workers, poppy is short-term pain for long-term gain. >> you can see it playing out. thank you for always bringing us the human elements of this. appreciate the reporting. coming up, why the white house is no longer deploying its top two advisers to detroit to tackle the auto strike, and what we're learning about the violent confrontation at sunday night's dolphins/patriots game that led to the death o of a fan. stay with us.

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right now, trump is by far and away the undisputed front runner for the republican nomination at this point, and that of course has some major gop donors quite worried, with the second debate next week, and trump planning to skip that debate like he did the first, they fear time is running out for an alternative candidate to break away from the pack and that another trump nomination could mean another loss to president joe biden. steve caterno live in florida. there are so many analogs to 2016 on some level but also it's this internal debate donors are having of, well, if trump's going to be the nominee, i might adds well get behind him because i don't want to be on his bad side but i still don't like him, and yet, here we are. >> that's right, phil, and these donors we spoke with are looking at the size of the debate stage next week, and they are cringing at just how many candidates are still in this race. they want to see this field consolidate. the concern is the window is closing for someone to

demonstrate that they are a viable alternative. the window is closing for some to break out. we talked to one who told us, quote, i don't know if there's anything i can do to have an impact on this race. every republican's dilemma right now is do we try to undermine and destroy trump, only to have it come back and haunt us, or it's trump biden. the result is we're seeing a lot of donors remain on the sidelines. ken griffin, a hedge fund manager, who's very wealthy and previously suggested that he liked ron desantis is now saying he's still waiting to see who emerges as a viable alternative to donald trump, but that is also creating somewhat of a catch 22 for these candidates. you know, the donors want to see someone break out, but as you know, phil, you need money and resources to project strength, to get your message out, and to have that moment so you can catch lightning in a bottle, if

you have a strong debate performance, so that is why there is so much emphasis on next wednesday's second debate, because it's not just an audition for potential republican primary voters and caucus goers, it's also an audition for these donors who remain on the sidelines, phil. >> that's a great point. great reporting on cnn.com. thank you. joining us now, bloomberg white house politics editor, sh sh she shelby talcut and john avlon is back with us. before we get to that, real quick, i want to swing back to the auto strike, mario, because you know white house officials quite well. you cover the building. the decision not to send the acting labor secretary julie su, and gene sperling, at the same

time, trump and his issue are trying to go in and peel off rank and file union officials, why? >> you say for the biden white house, their responsibility, right, we saw this earlier with the east palestinian, ohio, trail derailment. president biden was being asked in a briefing room about whether he would visit, right, the optics around it, and the message we got from the white house at the time was that, no, we'll stay on the sidelines, it's not responsible for us to bring the presidential apparatus into that town. the white house has taken that same tact with this, right, with julie su and gene sperling saying that they will just wait on the side lines and washington, d.c. as the uaw and big three auto makers continue to hold discussions, they'll swoop in to destroy at the necessary time. now, on the other side, there's former president donald trump a former reality tv star who does understand the optics, who doesn't care as much about the responsibility of the infrastructure or injecting

himself into that moment as well, and so you're seeing him kind of in some ways box biden in because, again, we've seen like bernie sanders last month talk about the democrats problem with working class voters. donald trump has no qualms about swooping in and injecting himself into that argument. >> it's really interesting to me, they were going to go, gene sperling and julie su, and now they're not going to go, and trump's going to go and skip the debate. a great look at a number of the auto workers telling "new york times" reporters that, like, they weren't so on board with biden and him being the union guy. and when i that actually dug into the data, not just the union bosses who often back democrats, but the actual workers. in the last election, four in ten backed trump, right and so the head of the aflcio, the demographics of the union members are trending away from democrats, and trump is going for that. >> this is a problem for

democrats for decades, as you say. there's a delta between union leadership, which is lock, stock and barrel for democrats, still flexes their muscle like they could deliver the votes and the cultural sympathies of many members who say you know what, i'm not going with that. they feel the frustrations that donald trump and popular conservative dos a good job of tapping into and articulating. it is a question of follow the money and who's going to actually back your interests, but remember, the story of politics is cultural frustrations, trump, no pun intended, economic interest. >> shawn fain, quote, every fiber of our union is important to fighting the billionaire class in an economy that enriches people like donald trump at the expense of our workers. >> there's the catch 22 in our politics. >> and this gets to mario's point, and new reporting that i want to get to for a key republican primary. this is such a great window into the split screen of this campaign, right, mario lays it out where the biden administration is trying for an outcome here, they will have

zoom meetings with the two advis advisers, get there when they feel it's important. trying not to jam them in in any way, trump doesn't care. he wants the public recognition of the fight and wants rank and file to believe them. this is the next 14 months, and the next 14 months or several months. the response for antiabortion activists to the trump comments. you have new reporting. it took a couple of days, and now it's starting to unfurl. >> the flood gates have really opened with this situation, and i think it's quietly been brewing for months, the frustration at antiabortion activists have with how trump has kind of shifted his own messaging on the topic of abortion. after the nbc interview where he said that ron desantis's six-week abortion ban was terrible, they have really come at him, and the big theme that i have heard from these activists is that they have always kind of

viewed trump as transactional, as somebody who does something that is politically advantageous. in 2016, they bet on him, and it ended up being successful. this time around, they're seeing that, you know, maybe trump is starting to move to the left on some of the issues, and they feel like he's abandoned their cause because he got roe v. wade overturned. he did all of these anti-abortion things last time around, and he does not feel obligated to their cause this time around. they're really really concerned about the possibility of another trump presidency. >> look, this is more evidence for, one, a, why a lot of trump support has been transactional in a lot of these traditional social issues, but the argument i have been making is that this is not over. it's not over. it's definitionally not over. we're four months from voting. there are a lot of coalitions that have been powerful insides republican party that don't feel like they have a champion yet.

they haven't coalesced behind an alternative to donald trump. democrats keep winning local races. we don't pay a lot of attention to them, but that backlash is continuing to brew on the ground in state legislatures and local races and that's a counter veiling force that you have to take into account when you look at this election coming up. >> really interesting reporting, shelby, thank you so much. that same group that sued harvard and the university of north carolina chapel hill over affirmative action have their sights on the u.s. military academy at west point, what exactly they're alleging, we'll have more. this morning, federal charges have been filed after a 1-year-old child overdosed at his new york city day care. ahead, the chilling details of how infants and toddlers were expoposed to fentanyl. nsects with no odor a and no mess. they work continuouslyly, so youou don't have to. zevo. pepeople-friendly. bug-deadlyly.

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my cholesterol is borderline. so i take garlique to help maintain healthy cholesterol safely and naturally. and it's odor free. i'm taking charge of my cholesterol with garlique. this morning, we're learning more about an altercation where aman died in the fourth quarter of the game. 53-year-old dale mooney was pronounced dead. a man who was also at the game witness add violent confrontation leading up to the man's death. omar jimenez joins us now with more. we know there's an investigation ongoing, what do we know about what actually happened here? >> yeah, so if you look at what

we know, this happened during the fourth quarter of the dolphins and patriots game. as we understand, according to a witness, dale mooney approached a group of fans on the 300 level. it was around 11:00 when police and fire responded to someone in need of a medical emergency, and as you mentioned, it was a witness that spoke to our affiliate, wcvb, there was a violent confrontation leading up to what happened, and that is what's under investigation. but not long after that confrontation, it became immediately clear to this witness that something was very wrong. take a listen. >> throughout the night, there was definitely some back and forth. kind of immediately the way the guy slumped over, the whole mood changed. it was definitely, i think everybody around knew something was wrong, and we had just witnessed something we all didn't want to see. >> now, we're not sure exactly at what point in the time line of any sort of confrontation that happened. that very well could have

happened after, but iright now, that of course, the cause of this, the autopsy results we're waiting to get to give a little bit more clarity into what exactly happened here, and his wife told our affiliate he doesn't have any sort of medical condition that she knows of and it takes a lot to get him angry, and so, again, that's also part of what we're trying to figure out here. but dale mooney, 53 years old, season ticket holder with the patriots, lifelong patriots fan, and his family and others are trying to find some answer s. a lawsuit has been filed against west point of raced based admissions. this comes from the same team that won against harvard university and university of championship, with the supreme court striking down affirmative action in college admissions. the ruling did not kovrcover th

military academies. they were exempt. this is the natural follow on. and what this group is alleging, students for fair admission, by doing this, using affirmative action, you're violating the equal protection clause. >> essentially. the service academy, naval academy, and west point, which they sued in federal court in new york, this will probably work its way back to the supreme court. keep in mind that universities across the country are still wrestling with that precedent changing ruling from june, trying to figure out where their race-based admissions are now, but it was students for fair admissions, which brought this suit. and in a quote, they say that west point, instead of admitting future cadets based on objective metrics and leadership potential, west point focuses on race, and they say that is wrong. the racial makeup of the 2027 class for west point is about 14% asian, the u.s. population for asians is 5.9%.

so that's higher. asians are over represented. hispanics about 11%, 18.9% in the u.s. population. african-americans about 10% for 2027. about 12.6 across the country. it's a little bit lower, and then native americans are about 1%, both at west point and at the -- in the u.s. population. you mentioned the carve out, essentially, that the justices made, the chief justice roberts did that opinion. it was concurred by all the conservative justices that the liberal justices dissented very vociferously. in that carve out, roberts said that the potentially -- that the service academy, that they potentially have distinct interests that the service academies may present. >> that's what i think is so interesting about the opinion is there may be distinct interest in making sure that you have a

diverse body of cadets and i just wonder how west point is responding? >> west point isn't responding right now, the u.s. solicitor general during arguments in june did say that there was a specific interest, particularly given the vietnam war, particularly given the way that the u.s. military academies and the u.s. military has been far ahead on racial justice for decades now. there's a specific interest for the military academies to have racial parity to keep the troops from officer corps to the enlisted to be represented. >> it's going to be fascinating watching the argument, it's different than what the supreme court said. miguel, thank you for your reporting. appreciate it. >> thanks, poppy. in a few hours, opening statements could begin in the trial for the officers charged in the death of officer mcclain. exclusive interview, that's ahead. >> i know relations between your

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stronger communities. ♪ we're not just any bank. we are citi. ♪ just a few hours, a jury is expected to be seated in the trial of two police officers charged in the death of elijah mcclain, the unarmed black massage therapist was confronted by officers four years ago. prosecutors say the officers put him in a choke hold and later sedated him after struggling to place handcuffs on him. officers are the first of five to face trial. lucy kafanov is live in denver. what are we expecting as this starts to kick into gear? >> reporter: good morning, phil, the death of 23-year-old elijah mcclain sparked outrage not just here in colorado but across the nation. both of the defendants on trial

today face charges of manslaughter as well as criminally negligent homicide. both men have pled not guilty. we are expecting the jury to be seated later this morning followed by opening statements. elijah mcclain was walking home four years ago when he was approached by aurora, colorado, police officers responding to a suspicious person 911 call. his death in 2019 after the police encounter sparked community outrage in colorado and beyond. prompting multiple investigations and calls for justice, and led the state to reform the department. police body cam footage shows the sequence of events that august night. mcclain was wearing a dark ski mask was not under suspicion of any crime. >> stop right there, hey, stop right there. stop. stop. stop. i have a right to stop you

because you're being suspicious. >> mcclain can be heard in the recordings trying to explain himself. >> i am an introvert. please respect the boundaries. >> the body cam footage shows officers putting mcclain in a choke hold, claiming he tried to grab one of their weapons. >> i'm so sorry. i don't do that stuff. i don't do any fighting. >> after paramedics arrived on scene, mcclain was given ket mean, a powerful sedative. the choke hold and the drug have been banned in colorado. five defendants are facing charges. all have pleaded not guilty, and the road to the trial has been a long one. prosecutors initially declined to file charges but after continued protests, the colorado governor appointed the attorney general as special prosecutor to investigate further. >> our goal is to seek justice for elijah mcclain, for his family and friends and for our state. >> reporter: the original 2019

autopsy report called mcclain's manner and cause of death, quote, undetermined. but the autopsy was amended in 2021 and made public last year citing complications from ketamine injection following forcible restraint as the cause of death. he suffered a heart attack in route to the hospital. he never regained consciousness. days later, he died. the outrage over his death led to calls for more transparency regarding police use of force in aurora and beyond. but for mcclain's mother who spoke out last year about changes in aurora's police department leadership, reforms have still not progressed far enough. >> they're just going backwards. they don't care about police reform. all they care about is controlling people that's not like them. >> reporter: and, phil, as you've pointed out, this is the first of three separate trials. officer nathan woodyard who placed mcclain in that choke hold is scheduled to be trialed

next individually in mid october and the two paramedics, we're expecting their trial at the end of november. phil. >> lucy kafanov in denver, thank you. this just in, ten people were taken into custody overnight. this happened in staten island, they were blocking a bus carrying migrants seeking asylum to new york city. those details after this. and today, negotiators will head back to the table to potentially end the month's long writers strike, we'll discuss that and the state of the actors strike when sag-aftra member, that ra-- taraji p. henson join us live in studio. you won't want to miss this. ♪ ♪ ♪

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house speaker kevin mccarthy is working to keep his party together but also to keep his job. >> they might be in the same galaxy, but they are on different planets. >> hopefully some of my colleagues will see the light of day quickly. >> the former trump aide says trump told her to play dumb about boxes of classified documents. >> she was right outside the most important office in the world. >> i think it's incredibly damaging. >> that is textbook obstruction of justice. >> the attorney general taking the hot seat, what merrick garland plans to tell lawmakers. >> they spent a lot of time protecting democrats and lot of time hunting republicans. >> we stand up on our side of the aisle for the rule of law. >> the illegal weaponization of the department of justice. >> good morning, everyone. it is a wednesday, we're so glad you're with us, and it's a really particularly busy wednesday in your old hometown. >> it is