players is at 95%. it's not like these players aren't vaccinated. it's simply that the breakthrough cases are happening. >> yeah. affecting so many. i mean, the nhl, the nba, and of course, my beloved cleveland browns. thank you for that. that's going to wrap this up for me. craig melvin picks up with more news right now. and a good monday morning to you. craig melvin here. lots to get to on a busy monday morning. here's a live look inside the trial for former minnesota police officer kim potter, closing arguments are underway. right now the prosecution is up. the defense will present their closing arguments next. also, it's the former minnesota police officer, kim potter, who is facing the manslaughter charges for shooting and killing daunte wright at a traffic stop last april. we'll go to minneapolis in

moments. if you are feeling a sense of pandemic deja vu, you're not alone. in the words of dr. fauci, covid cases are raging around the world. massive lines for testing are back. more and more pro sports and entertainment events are getting cancelled. but we did get a glimmer of hope this morning. moderna just announcing that its booster shot appears to provide protection against omicron. we'll have more on that in a few moments. also this morning, where do they go from here? democrats and the white house plotting next steps after senator joe manchin dealt a massive blow to the build back better plan. we'll break down the different paths being floated to try to salvage at least parts of it. also, what the west virginia senator just said about his decision and the last few minutes to a radio station in west virginia. we'll go there as well in a few

moments. we're going to start in minneapolis. the closing arguments now underway in kim potter's trial. nbc's shaquille brewster remains camped outside that courthouse. shaq, the prosecution laying heavily into potter's experience and her training while on the force. what are some moments that stood out to you? >> well, the closing arguments are still underway right now. they are just about halfway through, it appears, of the arguments in. you hear as you mention, them leaning into the idea that this was an experienced officer. this is an officer who was on the force for 26 years and who knew the difference between a gun and a taser. and in -- what she calls a mistake in shooting daunte wright. the prosecution is saying they believe this is a mistake. they're not trying to say it was intentional, but in her mistake in him, she acted recklessly. that's the first degree count, or the second degree count she acted with negligence. they're walking the jury through

the legal terms, the legal definition, the five elements they must prove for the individual counts. and you expect to see the defense come back once the closing arguments are done and say that kim potter made a mistake and that wasn't criminal. this was a chaotic situation. that was the phrase you heard kim potter use when she took the stand last week, and you'll hear them point to their witnesses. including a former chief of police who said she did not violate law or the policy. the jury is getting two starkly different ideas of what exactly happened and two different interpretations of the law, and just in a matter of hours, it will be up to them to decipher which one they believe and decide if they believe kim potter is guilty of the two manslaughter charges she faces. >> i want to play just a part of the prosecution's closing arguments from a few minutes ago. we'll talk about it on the other side. here it is. >> she was aware of all kinds of

risks. the risk of incapacitating a driver behind the wheel. the risk of collateral injuries. and the risk of drawing and firing a gun instead of a taser. and her conduct and her choices on april 11th show that she disregarded all those risks. >> all right. our legal analyst danny cevallos joining the conversation now. danny, i understand you heard that sound bite. why lean so heavily on that part of the defense's argument? or the prosecution's argument? >> the challenge for the prosecution is right there in the jury instructions that the government put up on the screen. and it's the recklessness aspect. it requires potter to have consciously created a risk. and, of course, the defense is going to say well, what that means is that she didn't

consciously -- she told you as much. she didn't consciously pull her firearm. she meant to pull her taser. and so the prosecution has to thread a needle here. and even the prosecutor in the closing said i'm going to spend a lot of time on this element, and they have to, because this is a tricky issue of law that they need to get the jury to believe that recklessness is reckless if you just pull the gun and when you intend to taser, that's enough for recklessness. that's all the closings are about at the end of the day. there's no fact disputed as in other trials. there's no issue of fact for the jury to determine. it's just whether or not pulling your firearm instead of a taser is consciously creating an unjustifiable risk. >> david henderson joining me now as well. david is a civil rights attorney, former prosecutor, a cnbc contributor. potter's defense also says she would have been within her rights to use deadly force

because of daunte wright's actions. how viable is that argument, considering deadly force was used by their own admission, by mistake? >> craig, that's a difficult question to answer, because i think it's a ridiculous argument here. however, i can't ignore the fact as a trial lawyer that every officer who took the stand, including officers who are put on by the prosecution, essentially said that. she would have been justified in using deadly force. it points to two barriers the prosecution has to overcome in the closing arguments. the first is demonstrating potter acted consciously as opposed to a mistake. their argument is von co-va lewded and -- it comes down to this. to your point, they're going to say look, she would have been justified using deadly force as the prosecution's own witnesses

told you. when she is trying to use her taser, you can't see she's committing manslaughter. that's effective. >> danny, what's important for both sides to do to close their arguments together with closing arguments, david? >> the most important thing for the prosecution to do is surprise me as someone who really wants to believe in their case that they can demonstrate that potter acted consciously, and we keep throwing this word recklessness around. let me tell you what that means. when you unintentionally kill someone, you can be held accountable if you've acted with criminal intent. think about it in terms of cars. let's say you're driving while intoxicated and you kill someone. you didn't mean to kill anybody, but you did decide to drive while intoxicated and that's a crime for which you can be held accountable. the prosecution argued look, she recklessly drew her gun, realizing that she could confuse it with her taser. what you're saying there is she consciously immediate a mistake

which is illogical. that's not a good basis for an argument. i'm hoping they can correct that. all the defense needs to do is stay in the direction they're moving in, to say look, she would have been justified using deadly force. she didn't use deadly force, and the prosecution hasn't proved she acted consciously. it's difficult for me to say that, but that's where the case stands right now. >> does it help or hurt the defense for potter to admit on the stand that the scene was so chaotic and that she just made a terrible mistake that unfortunately ended with taking daunte wright's life, danny? >> sure it helps her. but it already helped her that the prosecution said and repeated again in the closing, nobody says kim potter intentionally killed anyone. and kim potter, there doesn't seem to be any dispute. kim potter didn't intend to pull her firearm. that's why david is right in that the prosecution has a real challenge here. this is a case that they've taken all the way to trial.

and the prosecution really doesn't have an argument now in closing to be able to tell the jury that when you see that word consciously in both jury instructions for manslaughter, and she has to consciously create this risk, jury, we're asking you to believe that she consciously created the risk when she consciously pulled her firearm instead of her taser. that doesn't make sense. and so the defense is going to seize upon that. they have the law on their side. you can say that what kim potter did was glaktically stupid. you can say that it was morally culpable, and there is a dialogue to be had about that. but when it comes to the law as it exists in minnesota, this defendant needed consciously create that risk, and i'm sorry i've said conscious for about the 11th time, but it's the only thing this trial is about. all the facts are not in dispute. >> that sounds like you both think the prosecution has a steep hill to climb here. danny, david, shaq, thank you

all. still ahead here on a monday morning, long lines and a shortage of those at-home testing kits. amid a surge in covid cases and with the holidays rapidly approaching, americans are finding it harder and harder to get appointments. what's being done to change all of it? and then a little bit later, we'll go to capitol hill where the president's signature piece of legislation now hangs in the balance. how senator joe manchin explained that no-decision on build back better just moments ago. and how the party is going to move forward next. if you're 55 and up, t-mobile has plans built just for you whether you need a single line or lines for family members, you'll get great value on america's most reliable 5g network. like 2 lines of unlimited for just $27.50 a line. that's our everyday price. plus, our plans always come with unlimited talk, text and data included. so, switch to t-mobile and get 2 lines of unlimited

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i'll give you three weeks to get clay calloway in this show. no one's seen him in over fifteen years. there's no rockstar in here anymore. ♪ but i still... ♪ just sing. ♪ haven't found... ♪ your song's will carry you. ♪ what i'm looking for ♪ new concerns about the fight against the pandemic with christmas days away, covid cases are surging largely fuelled by the omicron variant, sparking

massive lines for testing. meanwhile broadway shows, sports games, schools nationwide being forced to shut down again. this morning, there was some good news. moderna announcing new data that shows its booster is effective against the omicron variant. very effective, according to moderna. carrie sanders is outside one of the busy covid testing sites in miami, florida. lindsey riser outside a school in new york city. and also with me is the medical director of covid isolation and quarantine sites for housing works in new york city. mr. sanders, i'll start with you there in florida. the line was pretty long this morning on the "today show." it looks like it's still pretty long. now we have this up tick in americans trying to get those at-home covid tests ahead of the holiday. what are folks on the ground telling you? >> reporter: it's a confluence of events that really maybe some people thought we could have

predicted but the omicron variant has thrown an added twist into all of this. yes, the lines this morning were long and they're growing longer. and it's important to note the location where i am where people can come get tested here in miami dade county is open 24 /7. so you come at 2:00 in the morning, there's a line here. and all of this is driven by the fact that we're five days away from christmas. basically people planning to get together in groups they haven't done for quite some time. and they just want to make sure rightfully so, that they're not carrying the coronavirus, the omicron variant we see spreading. so trying to get tested and you point out you can come to a place like this, the wait here is about 45 minutes. it's actually not bad when you consider some places around the country. you can be in lines for hours. but if you don't want to go through this whole thing like if you're going to go to the airport, first, you got to go through this. then you've got to go to the airport two hours early. then you've got to hopefully get

your results before you get to the place you're going. when you add that up, one of the solutions had been doing a home test. but now we see that with the omicron variant, more people interested in doing the test at home, that the shelves in pharmacies are bare. they do not have the home tests. and so we run into a situation where the demand is far outstripping the supply, and, of course, this all comes when we're really quite far. 20 months into the coronavirus -- this pandemic, the coronavirus pandemic. and you would have thought many people say that a lot of these systems would have been worked out. but here we are. craig? >> yeah. here we are, indeed. dr. roy, we are now two years into this pandemic, and still struggling to get enough covid tests to meet demand. what do you make of this, and what are you recommending to people who are trying to find the tests as we go into the holidays? >> good morning, craig.

it's good to see you. i have conflicting feelings. on one hand, i'm so pleased to see people are lining up and getting testing. testing is part of public health 101 strategy to containing this pandemic. on the other hand, i'm very frustrated on behalf of some of these people to see there's such long waits. the biden administration is very committed to increasing testing capacity. i will say in new york city, every time i walk around the city, i see lots of covid testing centers. we need to invest a lot more. staffing, we need to make sure we have enough reagents. but people also remember, testing is just one part of the strategy. people also need to be wearing masks, especially indoors or in crowds, and they need to get vaccinated and get the boosters. that's what's really going to help us get out of this pandemic, craig. >> lindsey riser, new york, seeing a huge surge in new cases. the state broke its own record for most single-day cases for

the last three days in a row. the mayor says he's not going to shut down the schools. so far, at least, not cancelling that big new year's eve celebration as well. what are you hearing from people on the ground in the big apple? >> reporter: well, craig, we're live outside a school, but we're also live outside a covid testing line. the van pulled up this morning. there were already people in line. it's a little bit shorter than what it has been this morning. still, quite a lot of people just waiting to get a test. and people are frustrated. they say at this point in the pandemic, they shouldn't have to wait. it's freezing. a lot of people are moving around trying to keep warm. maybe they're getting tested they're telling me because they're traveling for the holidays to see loved ones. others have been exposed. a father i talked to this morning said one of his kids were exposed in the classroom, so they were getting tested. when we talk about the case numbers, 22,500 cases announced statewide yesterday. another record. the good news is hospitalizations are around 3800.

in january that was around 9,000. so we're not seeing a huge increase in hospitalizations. but in terms of schools, the mayor says he doesn't want to move schools virtual. i talked to the head of the public schools teacher's union, he says testing has to improve in schools. right now there's way too much of a lag time between when the tests are administered and the results. i talked to a father waiting in the line this morning. this is what he told me. >> it needs to be remedied. omicron variant is spreading the way they think it's going to spread, this is just the beginning of what we're going to have to live through the next few months. it seems like a solvable problem. other countries have figured it out. >> reporter: so this morning, the mayor had another covid briefing, and he says they're going to be opening up 23 more testing sites that will go online this week to try to alleviate this situation. >> doctor, let's talk about that for a second. what's happening in new york

city. you've got about almost 860 classrooms closed because of a rise in cases. according to the department of education. meanwhile, the white house announcing that plan on friday to keep kids in school by doing daily testing. if they have been exposed. based on what you're seeing and reading and hearing, do you think that's a strategy that works, the tests to stay in the classroom strategy? >> yeah. i believe it's called test and stay. another point about the testing. another strategy to get people to keep -- make sure they know their status is at-home testing. we have the technology. we need to make it widespread so we don't see the massive lines. for children in schools, federal officials have made it clear, they don't want to keep a -- close schools. they want to keep them open, but they need to do it safely, and a key component of that is testing. testing the students as well as the teachers, and other staff, that's going to be key. but other strategies as well. mitigation strategies such as

masking. distancing as much as possible. but the testing, the masking, and for the children that are eligible, vaccination, those are the key, again, public health 101 strategies to keep the schools open. >> doctor, are we seeing this up tick in new cases in part because we are just testing a lot more than we were just a few weeks ago? because so many people want to travel for the holidays? is that part of the reason we're seeing this up tick? >> i think that's part of it, craig. but i generally do believe this particular variant, omicron, what we've learned so far is that it's -- it's replicating faster than any other known variant. and it's more transmissible than any other previous variant. i think increase in number of cases is probably a reflection of more testing but i believe it really is a reflection of this particular variant. we need to take it seriously while the cases have been mild in south africa, we need to make sure we realize that most of

those patients in south africa tend to be younger and they have a prior immunity that's not the case with the typical american. we need to take this seriously. no need for panic. but we need to be prudent. testing, masking, vaccinations and boosters. >> if you are vaccinated, if you are boosted, is it just fine for you to travel for the holidays, to hop on an airplane, hop on the train, or to get in your car to go see grandma and grandpa? >> you know, i'm going to quote two of our federal national health experts. dr. collins says we're in a world of trouble the next month or two, and dr. fauci said this omicron is raging throughout the world. that said, they said it's possible to travel safely. i have travelled from new york to toronto to visit my family, but i got tested with a pcr test beforehand. i got tested while i was at home, and i'm wearing a mask,

and i'm being distanced, and i'm boosted. i have taken every possible measure. it is possible to travel safely, craig, but people just need to take the measures and make sure they get tested on the day of. if they're going to be indoors, test yourself before you're in close settings with other people. >> okay. doctor roy, thanks as always. and lindsey riser, bundled up there outside the testing site in new york city. a big thanks to both of you. we're following breaking news on this monday involving former president donald trump. the former president has just filed a lawsuit against new york's attorney general. who has been investigating the former president and his company. our justice correspondent pete williams went through the lawsuit for us. pete, what can you tell us? >> well, the lawsuit basically says that the attorney general in new york has acted inappropriately from the beginning.

that even before she took office, she was criticizing donald trump. that she has made it her life's work to go after him. she has bombarded him and his companies and members of his family with court process. she calls -- they call it a cew said. unwarranted subpoenas in a bitter -- it says she has targeted her political adversaries and advance her career. it's filed just a few weeks after the -- after she announced she would seek to depose the president in a deposition scheduled for january 7th th. what the lawsuit says is that her actions have violated a number of donald trump's constitutional rights as rights of due process, free speech rights. they ask a federal court to do a couple things. number one, put on hold any of the civil investigations that she's doing until this lawsuit is resolved. and secondly, they want the

judge to order her to have no involvement at all in the civil investigation that her office had against donald trump for potential fraud, and for any involvement by her office in the separate criminal investigation that's being done by the new york district attorney. so this was just filed in federal court in the northern district in new york. the next step, of course, will be for the attorney general to respond. and then the judge will make some decision about whether to grant this injunction that the president is seeking here. >> our justice correspondent, pete williams on the new lawsuit filed by the former president. pete, thanks as always. coming up, the latest from capitol hill where president biden's sweeping social and climate spending bill just dealt a massive blow by senator joe manchin. what the senator from west virginia just said about that decision. next. that decision next

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this morning west virginia senator joe manchin not backing down from his decision to not support the president's build back better plan.

in the last hour manchin expand on the that stunning announcement during a local radio interview. he also responded to the blistering criticism from the white house and from his fellow democrats. >> i'm not blaming anybody. i knew where they were, and i knew what they could and could not do. they just never realized it because they figure surely to god we can move one person. surely we can badger and beat one person up. surely we can get enough protesters to make that person uncomfortable enough that they vote for anything and quit. i'm from west virginia. i'm not where they're from where they beat the living crap out of people and they they'll be submissive. >> the white house said it's an inexplicable reversal and accused the senator of breaching commitments. where do the white house and democrats go from here? i'm joined for the latest. mike memoli and sahil kapour from capitol hill and also julie

sirken joining me now from charleston, west virginia on the ground for us there. mr. memoli, i'll start with you. the statement on sunday pulled no punches. our reporting indicates that the president signed off on that blistering statement before it was released. how are manchin's latest comments expected to go over there? >> yeah. i think it was so striking, the way the white house responded yet in that statement. i've heard the president say this countless times before. i know you have as well. he says the way he operates in politics is you never question someone else's motivations. you can question their judgment but not motivations. he's talked about that as one reason he's had success working across the aisle throughout his time in the senate and now in the white house. that statement came awfully close, though, to questioning senator manchin's motivations. it talked about the fact that@invited manchin to his home. they had breakfast a few week

aegs in delaware. it revealed manchin came to the oval office, put down in paper the outline of what he would agree to and be willing to support. and then as you mentioned, the statement goes onto say that the senator in the white house's view, breached his commitments to the commitment and fellow democrats. now, one way to look at some of the comments that senator manchin made this morning where he lights up the white house staff, not the president himself, but the white house staff, is to at least for now, signal to some in the white house that there's some openness on the part of the senator to working with the president moving forward. i think the biggest -- the timing of the senator's announcement. after the senate had adjourned for the year. there's no legislation written. we're waiting for the parliamentarian to green light or veto some of the elements of the plan. why was he calling sort of it quits at this point? that's one of the things the white house will be now reaching out to and trying to get a better sense of. but there's a lot of steam being blown off at the white house and

elsewhere in the democratic party. >> sahil, i want to read something else that apparently the senator from west virginia said during that radio interview. quote, they know the real reason what happened. they won't tell you and i'm not going to. it's not the president. it's the staff. they drove some things and they put some things out that were absolutely inexcusable. they know what it is, and that's it. is the senator having a temper tantrum about some staffer? is that really what tanked the bill? >> reporter: i don't think that's what tanked the bill. i think manchin seems upset that the white house and other democrats are going after his character, questioning his commitment to his word. manchin takes a lot of criticism from all sides, but he is sensitive to that sort of thing. now, in terms of why he ultimately knifed the bill, his attitude and people disagree with this, but his attitude is he's been clear all along with his concerns regarding inflation and the debt.

the breaking point for him was the white house and democratic leaders in his view were trying to mask the real cost of the bill. he said in the west virginia local radio interview this is the same $6 trillion bill that bernie sanders wants only with new time elements. they have expiration earlier. his attitude is any new program is going to continue and needs to be funded over ten years. that's not an easy fix, but that's the path if one exists for democrats to try to put things back together and before they even go back to the negotiating table, everyone is going to have to cool their jets. tensions are running hot. as you saw among joe manchin as well as his critics in both the white house and the rest of the democratic party. >> joy, you're on the ground in the great state of west virginia y. you had some reporting on sunday that there were some communications between manchin's people and the white house before his big announcement on fox news sunday morning. talk to us about what was happening behind the scenes and

did the white house know this was coming? >> well, look, you heard from our colleagues there, mike memoli saying a little bit more about what happened there, but yes, i had reporting yesterday about 25 to 30 minutes before the senator went and delivered the blow to build back better. his staff communicated with the white house about what he was planning to say, but he did not communicate it directly. i'm in west virginia, the capitol city of a state with less than 2 million people living in it. it's sure at the center of this build back better debate. i spoke to one voter this morning who voted for president trump in 2020. he's been living here his entire life. he says he works multiple jobs to make ends meet. he didn't know much about build back better. i had to inform him about what was in it. but he said he's concerned about inflation and the high price of lumber and gas affecting his job on a daily basis. on the flip side, i spoke to

many people here who have been in washington asking senator manch ton get on board with this legislation. also life-long west virginians who need things like prescription drug pricing and medicare provisions who say that manchin is out of touch with the people in his state. but as you heard from him this morning and you've heard from him on sunday, he just doesn't buy that argument. he thinks he's doing the best he can do for the people he represents. by the way, this state has seen a massive political shift in the last couple decades from blue to very red. >> joy, thank you. sahil, thank you. and mike at the white house, thank you as well. up next, inside the ground breaking clinical trial. some scientists believe it could be the next frontier of cancer treatment. once upon a time, at the magical everly estate, landscaper larry and his trusty crew... were delayed when the new kid totaled his truck. timber... fortunately, they were covered by progressive, so it was a happy ending...

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the coronavirus pandemic. but doctors working to fight colon cancer have been trying to use that same mrna technology for years. this morning i want to share one man's story who is taking part in a clinical trial for this ground breaking treatment. any day of the week, omar's home in texas is a height of activity. the father of eight, works full-time and home schools his children with his wife, clare. this past summer rodriguez had to make time for the fight of his life, the 47-year-old was diagnosed with stage three come colon cancer. as you sit here right now, how do you feel? >> exhausted. exhausted. just walking gets me tired right now. >> when he finished key ma in

february, there's still the worry his fight isn't over. >> even after the chemotherapy, it's 65% after five years that i'll have more colon cancer somewhere else. >> so rodriguez volunteered for a clinical trial, using targeted vaccines to prevent colon cancer from recurring. the trial using an mrna vaccine, the same technology used to stop the coronavirus. in fact, the same company helped develop a covid vaccine with pfizer. the treatment in clinical trials works like this. a tumor sample will be sent to the lab in germany. researchers there isolate microscopic mutations and create a personalized vaccine that teaches the patient's immune system to recognize and attack these markers if they ever return. the trial is led by dr. scott co-pets at m.d. anderson. we introduced you to him when he treated my brother for colon

cancer. sadly, lawrence lost his battle this time last year. it's been roughly four years since we sat here and talked about another experimental vaccine my brother was going to use. that one sadly did not work. how is this one different from the one that lawrence used? >> we're using an mrna vaccine, which we think may be a better approach to stimulating the immune system to recognize these foreign proteins in the body. >> patients in this trial are being treated much earlier in their disease, before their cancer has the chance to spread. using a new technology called liquid biopsy, researchers can now identify microscopic signs of reoccurring cancer in a person's bloodstream. >> explain why that's critical. >> we've not been able to see cancer in the body until it's big enough to show up in a ct scan. now by testing the blood, we can tell with high degree of certainty, whether or not there's microscopic cancer cells

in the body. >> new treatments like this one need volunteers like rodriguez. he'll get his first shot after he finishes chemo in february. for him, it's all about helping others. you know, just the word vaccine has become a bit of a hot button these days. >> that's part of the reason we're here. the people at this company that came up with the covid vaccine that were working on the cancer vaccine, they were ahead of the curve. it was the fact they worked on it with so many years that allowed them to come up with a covid vaccine so quickly. >> how will you know if and when the vaccine is working? >> i believe there's quite a few treatment and a lot of followup. hopefully it's going to do its job and do it well and make sure the cancer doesn't come back. >> omar is going to get one vaccine shot every week for six weeks, and a few more shots throughout the year as part of this experimental treatment.

without volunteers like omar and my late brother lawrence, these medical advances would be nearly impossible. when we come back, the fate of -- elizabeth holmes now in the hands of a jury. we'll have the latest in that case. and another high profile case that reached a new phase. closing arguments are starting in the ghislaine maxwell trial. we'll do that next. - [narrator] we all get hit by the storms of life. for troy conquest, his storm hit after coming home from serving his country as a marine. - i had noticed my legs were swelling, and we went to maine medical hospital,

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our heroes have earned and the accessibility they deserve. when you call now, you'll receive this pva team t-shirt to show that you are fighting for our paralyzed veterans. - i've fallen a few times, and pvas like get up. we just keep getting up. - the holidays can be pretty tough for paralyzed veterans, and this year has been especially difficult. after all they've sacrificed, many feel alone. they feel lost and forgotten. your monthly support will show our heroes that they're not forgotten and give them the greatest gift of all, hope. please call or donate online at pvahero.org. i've spent centuries evolving with the world. please call or donate that's the nature of being the economy. observing investors choose assets to balance risk and reward. with one element securing portfolios, time after time. gold.

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what we heard so far in closing arguments from the prosecution is essentially the case that they've been building over the last couple of weeks here. they're making the argument that ms. maxwell was not simply standing by, that she was an active participant in mr. epstein's crimes, the sexual abuse of underage women that she helped procure these women, that she helped groom them, that focus on grooming has been a huge part of the prosecution's argument and that she, in fact, even participated in some of those acts allegedly. so that has been the case the prosecution has been making. the defense has been trying to dispute that, distancing ms. maxwell from mr. epstein and has been trying to make the case that this trial is a proxy trial for mr. epstein, that she is being put on trial for the

crimes of mr. epstein and not her own, craig. >> dasha burns for us there. dasha, thank you. we're going to go back to minneapolis right now because the defense has started their closing arguments in the kim potter trial. let's listen in. >> when you go into that jury room, play it like it's supposed to be hole of misdirection, rabbit hole of misdirection, no threat by daunte wright. he broke free from a law enforcement officer and took off in his car even after he was shot. no threat? sympathy for potter? what are the photos of daunte wright doing up there with his child? does that prove anything in this case? of course not. they're asking for sympathy, not us. johnson not worried at the

scene? in final arguments you're to rely on your own memory of the evidence, and not mine, not hers. your memory. well, that isn't what he testified to, not worried she says? no, could not see johnson? well, ladies and gentlemen of the jury, the body worn camera is here. her head's here. she didn't have the camera on her head, and when she's leaning in, of course the body worn camera doesn't see johnson, but her head does, and she testified she saw him and the look on his face like she never saw before, that's the evidence. they have the temerity to talk about stoughton who had the power to charge up to $3,000 who doesn't remember being a police officer, and i ask him about crisis, he wants to go back to the training field.

temerity of saying that cops because they're a family lie. and then the spark test, she didn't do the spark test so that's evidence of recklessness. what a catch 22, ladies and gentlemen. they also use the fact that she went through each and every training session, each and every one of them and there was evidence from one person that she paid attention. can you imagine -- they're using that to say she's reckless. can you imagine if she didn't go? oh, my gosh. they would call her criminal, reckless. she missed a session. but she didn't, and now they're holding that against her. what a catch 22 that is. so there. i'm not going to run you down a rabbit hole. i'm going to try to make a reasonable and sensible final argument based on the evidence. however, if my recollection is

different than yours, rely on your recollection. you are the jury, and you have the power to disregard what any lawyer says if your memory's different. i'm not going to try and misstate the evidence. i'm going to try and state the evidence. once in a while lawyers make mistakes just like anybody else. the first thing i'm going to do -- have a drink -- first thing i'm going to do is talk to you about proof beyond a reasonable doubt and presumption of innocence because that was left out of the state's argument. and the presumption of innocence means what it says. your duty, your constitutional duty is as jurors to presume kim potter innocent, not not guilty, innocent, that she's innocent. and before you can find her guilty, you must find that each

and every -- >> kim potter fatally shot 20-year-old daunte wright during a traffic stop after appearing to mistake her gun for her taser. her attorney has started making his closing arguments in this case, and that is going to do it for me this hour. "andrea mitchell reports" will pick things up after this break. pick things up after this break. o taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ frequent heartburn? not anymore. o the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com.

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