what binger is trying to suggest is because he was doing these things under circumstances that binger doesn't think it was reasonable that that was provocative and therefore by provoking supposedly everything that happens thereafter, he forfeits his right to self-defense. the other thing he says, martha, is by carrying -- he's running around, carrying this gun. it was reasonable after the rosenbaum shooting for people to think that he was an active shooter. what we saw in the video that binger played, rittenhouse must have run past scores of people if not hundreds of people. he didn't open fire on anyone other than the three people that attacked him. if he's an active shooter, that everybody should have a right to try to stop, you would think he would be actively shooting. he was only shooting at the people that attacked him and he ran past dozens of people obviously able to shoot them if he was an active shooter and didn't. >> martha: just want to point out before this gets back underway again, there's a lot of graphic language in this, a lot of very graphic images as well. we want t

binger. mr. binger, the person that made it his personal goal of putting my client's head on his wall. ladies and gentlemen, that's what it did. and it means he's been cutting corners. nathan debruhn said after meeting with mr. binger, i was very uncomfortable. he tried to put words in my mouth. he had to go and hire a lawyer to protect him. first it was showing him the videos and then ask him the questions. trying to put words in his mouth. he didn't want that to happen. he wanted to tell his story of what he knew, what he did. he talked about ziminski, the photographs of all the conduct that ziminski had done that night. i'll show you some of them. the photos have a time stamp on them. he related to detective howard in september of 2020 about joseph rosenbaum yelling i just got out of jail and i'm not afraid to go back. those are his words that he heard mr. rosenbaum. it wasn't objected to by the state. there was no proof that he wasn't in a jail. they want you to believe that he was in a hospi

binger said.s throwing up red herrings, false hypocritical arguments and attacks on those that mr. rittenhouse killed to try to distract you from the fact that he was not in fear of death or great bodily harm and he was not privileged to act how he did. we heard from ms. carrie ann schwartz. now that talked about jail now we can smear mr. rosenbaum more even though there was no dispute that he came from a hospital. he is carrying a hospital bag. ms. schwartz testified that she talked to the hospital about how he would be released. that he went to this hospital. she knew he was coming home from the hospital. she knew what was in the bag. he showed that picture of it back lit against the fire trying to make it seem sinister. she talked about how medical papers in there. we did this image again. mr. armstrong did impeek in the bag. the big image they see looks like rolled up medical records that you get when you are discharged from a hospital. and ms. schwartz testified he was given medications that

binger. mr.ger, the person who has made it his personal goal of putting my client's head on his wall. ladies and gentlemen, that's what it did. and it means he's been cutting corners. and nathan debruin said, after meeting with mr. binger, i was very uncomfortable. he tried to put words in my mouth. and he had to go and hire a lawyer to protect him. first it was show them the videos and then ask him the questions. trying to put words in his mouth. he didn't want that to happen. he wanted to be able to tell his story, what he knew, what he did. he talked about ziminski, the photographs of all the conduct that ziminski had done that night. and i'll show you some of them. the photos have a time stamp on them. and he related to detective howard in september of 2020 about joseph rosenbaum yelling, i just got out of jail, and i'm not afraid to go back. those are his words that he heard mr. rosenbaum. it was not objected to by the state. and there's been no proof that he wasn't in a jail. they want you

binger calling him that. and there's no evidence that any of those other individuals who attacked him in the mob that night were attacking an active shooter. he wasn't shooting. and if they want to be the heroes, and they want to beat somebody and do what they're going to do to him, they better be right. and they weren't. kyle rittenhouse shot mr. rosenbaum because he was attacking kyle. every person who is shot was attacking kyle. one with a skateboard, one with his hands, one with his feet, one with a gun. hands and feet can cause great bodily harm. i'm sure the state will get up and say he didn't have great bodily harm so it doesn't matter. that's not the standard. the standard is could cause great bodily harm. my client does not have to take a beating from the hands of this mob or the hands of mr. rosenbaum. and mr. rosenbaum might be little, but he was a pretty muscular guy and some 30-some-year-old guy can take a 17-year-old kid nine times till tuesday. it's a tough choice, but the evidence only leads t

binger said he brought a gun to a fist fight. and he is too cowardly use his own fist to fight his way out. he has to start shooting. let's just say theoretically that we think that the 12 of you think that it is reasonable to have used force deadly force in that situation? shoots once, takes out his hip, what does mr. rittenhouse have to do to avoid that? take one step back mr. rosenbaum is no threat. mr. rittenhouse is responsible for every round of that gun. it does not have to happen as fast as mr. rittenhouse. he could have held back one shot. he could have held back at two shots. the guy in the blue hid hoodie in an attempt to kick him didn't get four shots. mr. rosenbaum didn't get four shots. mr. grosskreutz did not get four shots. the defendant has the ability to gauge what he is doing and to stop shooting. mr. richards talked about the threat being immobilized. what threat does someone 6 inches shorter than you already shot in the hip and already falling to the ground have? why do you have to keep tracking him and shoot

the jury seemed to take some issues with the behavior of binger today. i think mark just came in and he cleaned it right up with the facts. the truth ask the facts. that boy defended himself. there is not a question about it. >> laura: you are getting a lot of text messages. turn those off. come on my friend. >> sorry about that. >> laura: this is when you know it's live tv. you are a manta people want to talk to. we will follow this. we expect the jury to come back i hope soon. is this an obvious case. thank you for being with us. we appreciate your time. joining me now is the host of a podcast and mollie hemmingway. the left wanted this to be a racism case. they were desperate for it to be a racism case. your reaction thus far? >> it's been so startling to compare the videos and ao the facts presented in the trial with the leftist media narrative leading up to the trial. for example, even small things. kyle rittenhouse blurted out that his dad lives in kenosha. he has other relatives in kenosha. i thought wow, i have read for months and month this guy

binger started to start his closing arguments. you've heard a lot of complicated things so let me make this simple for you. >> i think he's making it reasonably well which is something that the judge didn't do, speaking in a way that people can ups. i find that his contention about rosenbaum is kind of implausible on its face. i mean, he's really saying that, you know, rosenbaum, first of all, never threatened to kill. we haven't heard basis of that. throughout the trial so far, witnesses have said that rosenbaum said i'm going to kill you, i'm going to kill you, and he had also threatened earlier that he would cut somebody's heart out who was close to aren't i house. we'll have to hear what he says about this. but he's of course, could be tending that the chase that caused rittenhouse to run should not have placed rosenbaum in fear of his life and makes a big deal about him running towards these queen's park and i think that the defense is going to turn that around on him substantially when they sum up and say that he was in fear

case in point rittenhouse prosecutor thomas binger. >> they have to convince you joseph rosenbaum was going to use it because they know you can't claim self-defense against an unarmed man like this. you lose the right to self-defense when you are the one who brought the gun, you're the one creating the danger. laura: a second gear law students would know that is wrong. that lawyer should be sanctioned for wasting the court's resources but a personal vendetta against the second amendment looks like the thing here. beinger despise the right to keep and bear arms, think it is evil and any judge who upholds it is evil as well. when the person brandishing a weapon like a gun is a leftist like gauge grosscorrects who pointed his pistol at rittenhouse before getting shot a different standard seems applied completely. you cannot make up how moronic this man is. any responsible gun owner knows you do not point a gun unless you are prepared to use it in a circumstance that is justifiable. >> the defendant comes running in, drops the fireworks which are on the ground like this. that raises left

there was none of that fromrity house. >> reporter: binger lost pretrial motion, the judge not allowingrittenhouse's comments about prior looting in chicago which according to the motion he said, quote, i wish i had my expletive ar, i'd start shooting rounds at them. >> they could have used it because he was saying i only have this gun in case i need it. i'm there to render medical assistance. >> reporter: she says binger tried to push the envelope and went too far when he approached the topic in court anyway. >> you're an experienced trial attorney, and you're telling me that when the judge says i'm excluding this you take it upon yourself to put it in because you think that you found a way around it? come on. >> reporter: and again with his question about rittenhouse's silence prior to the trial. >> i was astonished when you began your examination by commenting on the defendant's post-arrest silence. >> our thanks for that report. joining us, civil rights attorney and legal analyst areva martin. thank you so much for joining us. we appreciate it. prosecutors, this has been such a biza

. >> prosecutor thomas binger spars with the judge over his questioning of rittenhouse.trial for shooting and killing two men and wounding a third during a night of protest after the police shooting of jacob blake. >> why would you think that made it okay? >> reporter: the heated exchanges some just of the hurdles facing prosecutors. some of the prosecutor's businesses seem to also support a key claim for the defense. that rittenhouse did not instigate the conflict. >> every time i encountered joseph rosenbaum, he was hyperaggressive. >> reporter: witness, after witness, pointing to joseph rosenbaum, the first person to be shot, as someone acting erratically that night. even pursuing rittenhouse prior to being shot. >> he had been acting very belligerently. he had asked, very bluntly, to shoot him. >> reporter: even gaige grosskreutz, the lone survivor, should have appealed to the jury as the prosecutor's star witness. >> the defendant had pointed his weapon at me, and i had put my hands in the air. >> reporter: but like other witnesses, grosskreutz also helped the defen

binger? so no one with a conceal carry permit is allowed to defend himself?t's the point of having a gun if you can't save your own life with it? well, that's exactly what they're telling you. they're telling you don't have that right. you have no right to resist. that's the whole point of this whole proceeding so the next time blm sweeps into your town, your neighborhood, your house to burn and lot and brandish weapons, you better not try to protect yourself or your family, try to protect yourself or your family and we'll charge with you murder and while we're at t we'll have the national media call you out. >> in the court of public opinion, they're really arguing that white men, especially white men with a gun, are allowed and have the space to defend and protect a country and social order that keeps them at the top and the country they stole from envisionist folks and built with black people's labor. the media is participating and perpetuating this charade. as far as i can tell, the only reason why any of this is allowed is because of the whiteness of it

binger, first of all, this was the subject of emotion.ell aware of that most of the court left the door open. >> for me, not for you. amy: in the prosecution tried to show video evidence of rittenhouse fatally shooting his first victim, the judge appeared to support the defense's attempt to stop him using a "pinch and zoom" function, claiming it could insert additional pixels. >> this is high risk, to me, if you insert more data into an area of space -- you are wagging her head no. tell me where i am wrong. >> there is no proof i'm doing that, your honor. >> i said you have the burden of proof, the proponent of the exhibit, and you need to tell me it is reliable. >> the exhibits are in evidence. >> that i know. amy: the judge would not allow the pinch and zoom function of the ipad and an expert testified the pixels were not being added. meanwhile, the judge's cellphone went off while the court was in session and played a ringtone for the song "god bless the usa" by lee greenwood, which is the opening song played at donald trump's rallies.

binger announceed in america a person loses the right to self-defense when they have a gun. that's not true. >> they have to convince you that joseph rosenbaum was going to use that gun on the defendant. you can't claim defense against an unarmed man like this. you lose the right to self-defense when you are the one who brought the gun, when you are creating the danger, when you are provoking other people. >> sean: none of which was proven in this court of law. you have one case where you had the key witness admitting on the stand he pointed a loaded gun at kyle rittenhouse before kyle fired back. another example with eyewitnesses of somebody trying to rip the gun out of his hands and about to put his foot into his face into the pavement. this might be the worst legal take in the history of any trial. it gets worse. binger held up the rifle used by kyle rittenhouse and put his finger on the trigger and pointed it at those sitting in the courtroom. he obviously doesn't know a single thing about gun safety and the rule of law. rule number 1, you never point a gun loaded or unl

binger? >> your honor, i think everybody in this room has a smart phone, whether it is an apple iphone or some other device. and i think we've all taken a photograph or a video at one point or another and used the pink to zoom in feature. this is a common part of everyone's everyday life. in the olden days, you had a photograph and a magnifying glass, right? that doesn't change the photograph. when you use a tag any phiing glass to look at words on a paper or a photograph, the magnifying glass doesn't change the image. it doesn't change the pixels on the paper. it doesn't change the words in the book. all it does is make them easier to see. the pinch and zoom feature on the ipad or the iphone or android phone, whatever device everyone in this room has, does that exact same thing. now f counsel has an expert who will say that this is unreliable or distorting the image or something along those lines even though this is something everyone in this room has done with countless videos and photos th

binger. before we started today. the court said in mr. binger's presence there was nothing to have me change any of my rulings. there were occasions during this trial where they opened the door. the one time when they are going into mr. rosenbaum's prior -- reason he doesn't like guns. i whispered in mr. krause's ear because of prior convictions please stop and he did. if you go into something excluded in the pretrial order you better ask the court and get permission. >> this is ridiculous. >> it was excluded in the first place because it was propensity evidence. that's what 9040 is designed to prevent. his attitude is he wants to shoot people. i admitted that in other trials when it was appropriate. i didn't in this case. what i heard in this trial. mr. richard pointed out correctly i said i heard nothing in the trial to change any of my rulings. >> that was before the testimony. >> don't get brazen with me! you knew very well that an attorney can't go into these areas when the judge ruled without asking outside of the presence of the ju

how successful do you think binger was in eroding drew hernandez or you think hernandez did a good job saying i was there, too and i was seeing the same thing that he said he saw? >> hernandez did a great job. the prosecution did not do a great job in attacking credibility. just for your viewers, that's what you're trying to do in cross exam. you're trying to show a bias and that you favor somebody else. the video speaks for itself, too. there's video of rosenbaum chasing after rittenhouse. so hernandez is corroborating tangible video evidence. so i really think, martha, when the prosecutor said hey, can we take a break, that is a bad sign for prosecutors. if you believe in your cross exam, you're salivating to get up there and start questioning that witness. >> yeah, it's like calling a time-out. so we're going to the courtroom. stand by because mr. black is taking the stand right now, john black. he's a self-defense expert. could be interesting testimony. let's listen in. >> do you know when you got that video? >> let me put it this way. did you get that video since you prepared your

binger said, i probably wouldn't do it either.ey did it is brave and they did not sit there to be killed. kyle rittenhouse has strong ties to kenosha, but used google maps to find a business he says he's driven by every day. he supposedly knows kenosha so well that he doesn't realize you can walk one block either way to get back to the car source. he didn't want to get back. he wanted to see what was going on. he wanted to stay in the action. he wanted to continue to do things to make him feel big and important. these minor injuries we've heard the defendant have, again, mr. richards misstated the standard. it is not could have caused great bodily harm or death. it is not likely to have caused great bodily harm or death. it is imminent threat of death or great bodily harm. where is that when you get a couple of scrapes? everybody takes a beating sometimes, right? sometimes you get in a scuffle and maybe you do get hurt a little bit. that doesn't mean you can just start plugging people with your full metal jacket ar-15 rounds and n

. >> reporter: in his closing argument, prosecutor thomas binger using drone video from the night of the shootings to highlight what he says was the critical moment on that fatal night. kyle rittenhouse, out in the crowd of protesters, putting down a fire extinguisher and raising his ar-15 rifle. >> your not allowed to run around and point your gun at people. this is what starts this incident. you cannot claim self-defense against a danger you create. >> reporter: it was rittenhouse who was the real threat, binger argued, mocking the defense claim that the teenager was acting in self-defense. >> the crowd has the right to try and stop an active shooter. they have a right to protect themselves. the defendant is not the only one in the world who has the right to self-defense. >> reporter: defense lawyer, mark richards, firing back, showing how the crowd chased rittenhouse and attacked him after the first shooting. >> kyle was not an active shooter. that is a buzz word that the state wants to lash onto. whenever kyle was there, he reacted to people attacking him. >> reporter: and ritten

binger? >> your honor, i think everybody in this room has a smartphone, whether it's an apple iphone or some other device, and i think we've all taken a photograph or a video at one point or another and used the pinch to zoom in feature. this is a common part of everyone's everyday life. in the olden days you have photograph and a magnifying glass, right? that doesn't change the photograph. when you use a magnifying glass to look at words on a paper or a photograph, the magnifying glass doesn't change the image. it doesn't change the pixels on the paper. it doesn't change the words in the book. all it does is make them easier to see. the pinch and zoom feature on the ipad or the iphone or android phone, whatever device everyone in this room has does that exact same thing. now if council has an expert who will say that this sunreliable or distorting the image or something along those lines, even though this is something everybody in this room has done with countless videos and photos throughou

what binger has been doing has been viewed as unconstitutional for decades. of evidence. everything was provocational. they would get facts wrong. in some cases the prosecution seemed to be learning facts with the jury. all of it was just a very. lawrence: they ignored the court ruling as well. >> some aspects. lawrence: professor, they ignored court ruling of the judge gave specific instructions whatnot do and he just blew right through the judge and the judge as admonished him as well. >> i mean, the everyone was talking oh my gosh this judge got so upset. i have been in front of judges who would have just held the prosecutor in contempt. will: right. >> a lot of judges would have dismissed that trial. i think this judge wanted to go to verdict. ed to bring closure to the case. and ultimately the jury did precisely that. but, what's really, i think, alarming is how much has changed were this cases. there was a time when politicians uniformly almost like a mantra, the jury has spoken. we can disagree with it, but we have to respect it. instead you have presi

what do you think motivated binger?district attorney binger is a corrupt person who just wants to make a name for himself and not look at the facts. i used to be a fan of the prosecutors, not anymore. i believe there are still good prosecuting attorneys out there. he is the prosecuting attorney that wants to make a name for himself and he is supposed to speak the truth and nothing but the truth but he decided he wanted to lie and try to put me in prison for the rest of my life for myself. >> tucker: that must be shocking for you never -- this is a case that has nothing to do with politics but politics were brought into it for people's own agenda. >> tucker: brit hume senior political analyst here at fox. he joins us in studio. brit, great to see you. given what i think all of us following this case with one last year. given what presented to the media. how did that square with the actual kyle rittenhouse in his own words. >> real trofings hear him speak at that length he did with you last night. and, you know, you saw a

binger and we heard from mark richards outside the courthouse. your thoughts on the reactions that we've seen from the two attorneys, the prosecutor and the defendant. >> martha, i salute them for striking the right tone. a lot of things that mr. binger has done that we talked about the last few weeks in a critical way. this is a message that sends exactly the right note. they respect the verdict and they ask people to express themselves in a civilized manner, which is exactly the right tone. you heard from the defense lawyer who, he wasn't in a celebratory frame of mind obviously. there's relief, and i hope that kyle rittenhouse takes his lawyers very good advice, which is, you know, don't be too notorious. go be a kid. go live your life. resist the urge to turn this in to a spotlight. because one of the things i think you see here is there's a big juxtaposition between the drama that goes in to the trial and what we all expect to get out of it. and then the sort of lack of catharsis at the end. in point of fact here, there's a very narrow legal

binger just said you had shut the door on it. so apparently he doesn't believe a door that is shut should stay shut. however, now he's asking that something be admitted that, to be fair, this should have been brought up sooner. this jury, i would have -- i would have voir dire'd on an issue of whether or not they heard it, saw it, were aware of it, how they felt about it, whether it had an impact on their ability to be fair in the case. we never went there because of your prior ruling. so there's nothing that's opened this door and i don't think it's relevant, something that happened four months -- he talked about indifference to human life. that's that night, not four months later. there's nothing, nothing that's relevant about that. you've already made your ruling. i ask that you stick with it. >> i'm struggling with why it would be relevant to any of the issues in this case. you know, if he were on trial for using exquisitely bad judgment, if he were on trial for behaving in a very offensive way, then i could see the purpose.

i have known tom binger for a long time. i knew him when he was a civil lawyer. i'm disappointed with some of the things he did. and i have said why. >> such as what? >> putting on the brothers when you know they're lying. changing your prosecution, going with provocation after you say that my client chased him down and shot him in the back. calling him an active shooter when he's not. you know, justice is done when the truth is reached. and i don't know that it's set up to do that. but a prosecutor is supposed to seek the truth. it's not about winning. and this case became about winning. and that's probably why it got so personal. >> how about the judge? what do you say about how the judge handled the case? >> you know, i've never seen much made of so little. and that's not to pick on you guys or anything like that, but, i've tried case as a prosecutor a hundred years ago in front of judge schrader. i've tried cases as a defense lawyer. and him and i butted heads as a defense lawyer. judge schrader gives you a fair trial as a defendant. you don't want him to sen

binger said, he brought a gun to a fist fight. he was too cowardly to use his own fist to fight his way out. he had to start shooting. >> tucker: really? too cowardly. a 17-year-old should've gotten in a fist fight with a 36-year-old violent. right. -- violent pedophile! right! speaking of cavalry, where are the police who were paid to stop this stuff and keep mob violence from happening in the first place, where is the governor who is under -- talk about cavalry. blaming a 17-year-old who shows up because the city his dad lives in is on fire and he wants to do something he been there in the first place. watch how the prosecutor characterizes the pedophile's action the night he was shot. >> so what does he do that night? let me tell you all the awful things joseph rose and vomited. he kicked over a port of that -- he kicked a port-a-pottie that no one was in it. he swung a chain. he let a garbage dumpster on fire. and there's this empty flatbed trailer and they lit it on fire. and he said some bad words, he said the n-word. >> tuc

thomas binger also said the first witness that the jurors will hear from is dominic black.d and he also underscored they became friend or got to know each other because black was dating the defendant's sister. kate? >> thank you so much for that. that trial continues. we'll stay close to that. also new developments in the deadly shooting on the set of alec baldwin's film "rust." an attorney for the assistant director dave halls now says that it was not his -- not their client's responsibility to check the gun that he handed to baldwin that killed the cinematographer halyna hutchins. halls previously told investigators, we saw in an affidavit, that he should, he said, have checked all the rounds before deeming the firearm safe, and the santa fay sheriff says it's important for halls and others to cooperate with investigators and come in for follow-up interviews. no criminal charges have been filed but the district attorney for santa fe county says she has not ruled anything out. that's all still on the table. thank you so much for joining us at this hour. i'm kate balduan. "

binger just said you had shut the door on it. so apparently, he doesn't believe a door that is shut should stay shut. however, now, he's asking that something be admitted that, to fair, this should have been brought up sooner. this jury, i would have. i did the voi deer. whether they heard it, saw it or were aware of it. how they felt about it. how it it had an impact. we never went there because of your prior ruling. so there's nothing that's opened this door and i don't think it's relevant to something that happened four months later. you talked about indifference to human life. that night. not four months later. there's nothing, nothing that's relevant about that. you've already made your ruling. i ask that you stick with it. >> i'm strucggling with why it would be relevant to any of the issues in this case. you know, if you were on trial for using exquisitely bad judgment. if he were on trial for behaving in a very offensive way, then i could see the purpose. but an incident that occurred four months after, i don't see how th

thomas binger.hat up again where in the closing arguments he actually picked up kyle rittenhouse's ar-15 that he had used. and when he was pointing it at people in the -- there he is right there. absolutely. how many people thought to themselves you know that reminds me of what just happened on the alec baldwin set. and what he is doing right there. is he is breaking the number one fire safety rule. you never place your finger on a trigger unless you have a target you are going to neutralize. what have you essentially and the "new york post" writes in this morning a prosecutor prosecuting begin crimes with little understanding of actual guns. ainsley: everyone knows you don't point a weapon, you know, at innocent christmas with your finger on the triggerrer. did you see msnbc. steve: it was a real gun. ainsley: msnbc did not show the defense's closing argument. they only showed the prosecution. they only want you to hear one side. brian: by the way they dismissed the gun charge right away. by the wa

i have known tom binger for a long time. i knew him when he was a civil lawyer. i am disappointed with some of the things he did, and i've said why. >> [indiscernible] >> putting on the kandiri brothers when you know that they are lying. changing your prosecution going with revocation after you say that my client chased him down and shot them in the back. call them in active shooter when you know he is not. justice is done when the truth is reached, and i do know that is set up to do that, but a prosecutor is supposed to seek the truth. it is not about winning and that is why this case became about winning and that is probably why i got so personal. >> [indiscernible] >> i have never seen so much made of so little, and that is not to pick on you guys or anything like that. but i've tried cases as a prosecutor 100 years ago in front of judge rader -- schra der. i have tried cases as a defense lawyer and i butted heads as a defense lawyer. judge schrader gives you a fair trial as a defendant. you don't want him to sentence your client. but in this case we were look

and thomas binger can go home. >> watching this go on, what is their strategy? what's the approach here? are they searching for a mistrial and creating antics of their own? but you know, we will have to watch and see how it turns out. >> john: the trial will be resuming soon and we will go back to it when it does. >> jacqui: is a day to honor america's heroes, moving veterans day ceremonies across the country, honoring patriotism and courage of men and women who served in our nation. >> john: troubling new information is coming out of the pentagon, the biden administration still does not know how many americans and afghan allies are still in afghanistan three months after the withdrawal from there. veterans affairs secretary denis mcdonough with the first on fox interview coming up, stay with us. ♪ ♪ traveling has always been our passion, even with his parkinson's. but then he started seeing things that weren't there and believing things that weren't true. that worried us. during the course of their disease, around 50% of people with parkinson's may experience h

binger, we will address the first on behalf of the state. then mr. richards for the defense and then after his remarks, one of the attorneys for the state will be addressing you on behalf of the state in rebuttal and, limited rebuttal of the interest during the presentation. we are going to break obviously, i'm not going to make us there for five hours, unless you want to. so we will break. i asked mr. binger while you are out of the room if he was comfortable breaking his argument into parts and he indicated he was. so at this time he thinks it's appropriate that around noon, we will take our lunch break. and then, pick up this afternoon and, after all of the arguments have been presented, i will give you three or four more minutes of instruction and then we will do our striking with the tumbler over there and then it will be all yours. let me ask you -- which one do you want? okay. we will take a boat right now. supposing the case arguments are finished at four, 4:30 or 5:00, and we will be working well to get there, how many would like to begin th

. >> reporter: lead prosecutor thomas binger issuing a statement, "while we are disappointed with the, it must be respected. we ask that members of our community continue to express their opinions and feelings about this verdict in a civil and peaceful manner." president biden agreed. >> i stand by what the jury has concluded. the jury system works, and we have to abide by it. >> reporter: but for the loved ones of the two victims today's vertical. verdict was a crushing blow. >> if one person's life or two persons' lives don't matter then none of our lives matter. >> we know that this system is a failure. i think the question that most of us are feeling right now is what can we do next? >> no justice! >> no peace! >> reporter: this polarizing case a snapshot of the deep political and cultural divisions in the country. kyle rittenhouse became a symbol for a lot of people on the right he's a hero, an american hero, a young man who took up his weapon as he has a right under the second amendment to protect people and property in a city that was burning. for progressives he was a vigilant

as binger tried to paint the witness as someone from out of town taking matters into his own hands. >> you're not living in kenosha at this time, right? >> my dad lives in kenosha. >> lots of people live in kenosha, but you didn't, right? >> my residence was in antioch. >> a crucial day in a closely watched trial. dan shen amen, nbc news. >> we have new information tonight from houston about last friday's music festival that tragedy that killed eight people. houston's mayor says three people including a 9-year-old boy remain in critical condition. this after thousands of fans rushed the stage during a performance by rapper travis scott. an investigation continues to figure out how things reached the point where eight people were trampled to death and 300 others injured at the sold-out festival which drew 50,000 fans. so far, more than 20 lawsuits have been filed accusing organizers of failing to implement simple crowd control measures or staff the event properly. >> tesla's ceo, elon musk, has sold more than $1.1 billion shares worth of tesla stock. that's more than 930,000 shares. he

one of those strangers, one one those strangers was todd binger.his year's courage award recipient. >> todd, and his fellow passengers on flight 93, understood we're not going back to new jersey we're guided missile number 4. they rush the cockpit with a food cart, they did not have weapons, they didn't have box cutters, they grabbed what they could, noise, commotion, sounds of the counter attack beginning. then the phone was dead. >> united 9-3 do you have information to that. >> he is down. >> he is down. >> he did not land. >> he is down. >> somewhere northeast of camp david. >> passengers on this flight, may have taken down their plane to save the lives of others on the ground, now hailed as heroes. >> >> saving leaving on the ground, some of our greatest moments have been acts of courage for which no one could have been prepared. >> todd was a hero in our family for many reasons before 9/11, because of the young man he was. he was a provider for the family, a major blessing that telephone call he had with the woman, he talked about the enemy,

binger was in court last month and his narrative for the drone footage from the fbi that was mandated for surveillance so he claimed kyle actually yelled across the hood and that is what provokes rosenbaum. that was his initial version of events and seemingly out of nowhere he received a drone video supposedly paints a different picture but the image that they took the they showed the jury was one frame, one frame that you see that his actual support hand is always in the picture so that support and they claim is holding a weapon -- after he left, that was an artifact or a reflection. they chose one frame and they tried to tell the jury that that proved that kyle was holding a weapon. it is absolutely false. laura: i said this last night but the prosecution on this case, given what has unfolded, the one instance you just laid out, there is grounds for a major sanction against this prosecutor. i to bring in dennis desousa. i think you are saying that the trial, the verdict which is unknown, they come at a pivotal time in america's cultural moment. explain that. >> this is just a trial

lead prosecutor thomas binger briefly reacting to their verdict in court. >> the jury has represented our community in this trial and has spoken. >> reporter: rittenhouse claimed self-defense after he shot and killed joseph rosenbaum and anthony huber and wounded gaige grosskreutz during a protest last year over the police shooting of a black man in kenosha. the parents of anthony huber issued a statement. "we are heartbroken and angry that kyle rittenhouse was acquitted. there was no justice today for anthony or for mr. rittenhouse's other victims. today's verdict means there is no accountability for the person who murdered our son. it sends the unacceptable message that armed civilians can show up in any town, incite violence, and then use the danger they have created to justify shooting people in the street." kyle rittenhouse left the courthouse a free man in the backseat of a car after the verdict. his attorney mark richards spoke to reporters. >> he wants to get on with his life. he has a huge sense of relief for what the jury did to him today. he wishes none of this would have e

that's what binger has done -- he contradicted his statements and presented evidence that was understandn out. i would be surprised if they could get a single conviction on this rather appalling record. >> tucker: that's the way it seems to me. jonathan turley, thank you very much. we are out of time. our full interview with robert f.kennedy junior is up now on fox nation. we will be back tomorrow. the sworn enemy of lying, pomposity, smugness and group think. we have a surprise for you, ladies and gentlemen. the great sean hannity rips the reins from our hands and rides off into the 9 p.m. >> sean: thank you. welcome to "hannity." tonight the biden white house is imploding. the blame game and the finger pointing is in full gear after a disastrous 10 months in office. joe and kamala harris are turning on each other. it's very ugly. we will bring you the latest in fighting out of the biden white house. plus the low lights from another awkward and embarrassing day for the cognitively struggling president and his incompetent environment. -- vice-president. but first

. >> in a remarkable admonishment, the judge really lashed out at binger for his attempt to work on somes was not going to be allowed in this court and that speaks to some videotape evidence on which rittenhouse is heard saying he wished he had an ar 15 at an earlier incident so he could stop some people from shoplifting. we are standing by and expecting rittenhouse to get back on the stand here shortly. >> mike tobin reporting on that for us. >> let's bring in phil holloway who's been watching the trial as well. phil, it was a real surprise when kyle rittenhouse took the stand today. the prosecution started going after him on a number of different points. how do you think he has done so far as a witness because most defense lawyers will tell you don't ever put your client on the stand. how has he done so far as a witness for the defense? >> i think he has done vars find so far. he did a good job on his direct examination. he had obviously prepared with his counsel for how they wanted to present their case. he's done a good job on cross-examination. it's always a tough call as to whether

attacked because everybody takes a beating sometimes, you have the moment where the lead prosecutor binger literally picks up an ar-15. i've been a pistol marksman since 11 years old, rule 101 in gun safety is you never point a gun loaded or unloaded at anybody and he literally pointed the rifle at people in the courtroom. and then he decides to put up an image from patrick swayze's 1989 film roadhouse mocking rittenhouse for his performance as a medic, et cetera, et cetera. i bring this up because it seems like desperation to me. >> it's worse because he misinformed the jury. he told the jury that if you bring a gun on the other people are attacking you only by a fist, you forfeited your right to self-defense. that's a misstatement of the law. remember the zimmerman case where an unarmed young man was banging the head of zimmerman with his fists, just with his hands and the jury correctly concluded that the person whose head was being banged had the right to shoot. you have the right to defend yourself. they were to cohere. -- look, there were two trials here. the prosecution but on the t

one of the most alarming things i have ever seen, dana, when the prosecutor binger, the slug holds ther-15 up finger or not trigger and points it at the jury after the alec baldwin situation, could you believe he would point a gun at the jury like that? >> after some of the arguments, jesse, that i have heard from what i'm calling brennan and dale of the stepbrothers law firm. i believe it entire courtroom and jury and to be honest i'm surprised that a bailiff or, i don't know if they had a straight trooper in the courtroom didn't intervene finger on the triggers, didn't have it shouldered properly. alec baldwin school of firearms apparently. to say that point, something else jesse in the closing argument that were interesting to me, kraus or aka. there is no left or right handed firearms. well, actually there is. i was really shocked to hear a prosecutor say that in a courtroom set sething as though it had any factual weight. anyone who has ever shot. if you are right handed shot with left handed shotgun you know how your weapons control or how brass is spent. that was also insane to

. >> bill: the gentleman he mentioned there, binger, that is the kenosha assistant d.a., thomas binger off on him. he asked rittenhouse about the silence after his arrest and use of deadly force but the judge ruled that was off-limits. the jury is taken out of the courtroom and the judge gave him an earful. it got a lot of headlines yesterday and drew a lot of people into this proceeding with rittenhouse on. >> dana: what they're doing is housekeeping. making sure that everything is in order for the day because they know that the eyes of the nation are watching this trial and it is a very high-stakes truck. there's a huge amount of publicity for it and understandably so. two witnesses are going to be called today. a former police officer and a self-defense expert. they will be on the stand today. >> bill: rittenhouse, you heard this, he broke down into tears when i asked about the killing of joseph rosenbaum. two dead and one injured. charged with that. defense attorneys over the past 14-16 hours, it's interesting how they have characterized the strategy on behalf of the defense. he di

during the trial, one of theid prosecutors, thomas binger, particularly loathsome character, governmentks kyle rittenhouse for putting out fires in kenosha. it's dishonorable to put out fires apparently. when blm sets them. we asked rittenhouse about that. here's what he said. >> i'm not a racist person. i support the blm movement.bo i support people demonstrating. i believe there needs to be change. i believe there is a lot of prosecutorial conduct, not just in my case but other cases. it's amazing to see how much a prosecutor can take advantage of somebody, like if they did this to me imagine what they could have done to patterson of color -- a person of color who maybe doesn't have the resources i do or widely publicized like my case. >> tucker: what did you make of the president of the united states calling you a white supremacist? >> mr. president, if i would say one thing to you, i would urge youalal to go back and watch the trial, and understand the facts before you make a statement. w >> tucker: that's not a small thing to be called that. >> no, it's actual malice, defaming my c

he's being questioned here by kenosha's assistant district attorney thomas binger. >> i thought that the defendant was an active shooter. >> what was going through your mind at this particular moment? >> that i was going to die. amy: rittenhouse fatally shot two people that night, anthony huber and joseph rosenbaum. the defense will continue making its case today. meanwhile, in georgia, a glynn county police detective testified tuesday that gregory mcmichael, a former police officer and one of the three white men who is charged with hunting down and murdering ahmaud arbery, told him he never saw arbery commit a crime. another officer, jeff brandeberry, testified mcmichael never said he was trying to perform a citizen's arrest of arbery, which is a major part of the defense's arguments. he's questioned here by prosecutor linda dunikoski. >> while speaking with you, dude mcmichael every sort or glory? trespass? did he ever tell you while you were talking him he was attempting to make a citizens arrest? >> no, ma'am. >> did he ever use the word arrest, detain? >> no, ma'am. >> did he te

binger was in court last month and his narrative for that drone footage from the fbi, a manned aircraft surveillance, he claimed that young kyle actually yelled across and that is what provoked rosenbaum, right? that was his initial take, that was his initial version of the defense an end seemingly out of nowhere, he receives a drone video from a drone that supposedly paints a different picture. but the image that they took that they showed the jury was one frame. one frame that you can see that his actual support hand is always in the picture, so that support hand that they claim is holding that weapon, that was there prior to kyle getting to that vehicle and after he left. that was a artifact or a reflection. i chose one frame and they tried to tell the jury that that proved that kyle was holding a weapon. it is absolutely false. >> laura: i said this last night, david, but i think there are grounds to sanction the prosecution on this case given what's unfolded. just the one instance that you just laid out, there is ground a major sanction against the prosecutor. thank you tonight. i